Board of Supervisors Minutes: February 7, 2017

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. FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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. Supervisor Yee, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 15, Line 17, by adding ‘Second Hand Dealer 0.’ The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

opment 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. FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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) 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. 161270. FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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) 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. 170005. FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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) FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161291 [Administrative Code - Update Hotel Conversion Ordinance] Sponsors: Peskin; Kim, Safai, Sheehy, Cohen, Ronen, Yee and Breed 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 Breed requested to be added as a co-sponsor. FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161350 [Administrative Code - Dignity Fund Oversight and Advisory Committee] Sponsors: Cohen; Yee Ordinance amending the Administrative Code to set the structure, functions, terms, and administrative support for the Dignity Fund Oversight and Advisory Committee, as required by Charter, Section 16.128-11, adopted as part of Proposition I at the November 8, 2016, general municipal election. PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170018 [Nomination of County Veterans Service Officer - Sergeant Dorian J. Carr, United States Air Force, Retired] Resolution confirming the nomination of Sergeant Dorian J. Carr, United States Air Force, Retired, as County Veterans Service Officer. (City Administrator) ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

President Breed requested File Nos. 170057 and 170060 be called together. Supervisor Yee Excused from Voting Supervisor Peskin, seconded by Supervisor Kim, moved that Supervisor Yee be excused from voting on File Nos. 170057 and 170060. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang

Noes: None

Excused: Yee

170057 [Appointment, Association of Bay Area Governments Executive Board - Supervisor Norman Yee] Motion appointing Supervisor Norman Yee, for a two-year term, to the Association of Bay Area Governments Executive Board. (Rules Committee) Motion No. M17-008 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang

Noes: None

Excused: Yee

City and County of San Francisco Page 6 Printed at 4:01 pm on 2/8/17 Board of Supervisors Meeting Minutes - Draft 2/7/2017 President Breed requested File Nos. 170058 and 170059 be called together. Supervisor Ronen Excused from Voting Supervisor Yee, seconded by Supervisor Kim, moved that Supervisor Ronen be excused from voting on File Nos. 170058 and 170059. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Ronen

170058 [Appointment, Bay Area Air Quality Management District Board of Directors - Supervisor Hillary Ronen] Motion appointing Supervisor Hillary Ronen, for a four-year term, to the Bay Area Air Quality Management District Board of Directors. (Rules Committee) Motion No. M17-010 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Ronen

170059 [Appointment, Local Agency Formation Commission - Supervisor Hillary Ronen] Motion appointing Supervisor Hillary Ronen, for a four-year term, to the Local Agency Formation Commission. (Rules Committee) Motion No. M17-011 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Ronen

170060 [Appointment, Golden Gate Bridge, Highway and Transportation District Board of Directors - Supervisor Norman Yee] Motion appointing Supervisor Norman Yee, for a two-year term, to the Golden Gate Bridge, Highway and Transportation District Board of Directors. (Rules Committee) Motion No. M17-009 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang

Noes: None

Excused: Yee

City and County of San Francisco Page 7 Printed at 4:01 pm on 2/8/17 Board of Supervisors Meeting Minutes - Draft 2/7/2017 Supervisor Peskin Excused from Voting Supervisor Ronen, seconded by Supervisor Kim, moved that Supervisor Peskin be excused from voting on File No. 170142. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Peskin

170142 [Appointment, Golden Gate Bridge, Highway and Transportation District Board of Directors - Supervisor Aaron Peskin] Motion appointing Supervisor Aaron Peskin, for a two-year term, to the Golden Gate Bridge, Highway and Transportation District Board of Directors. (Rules Committee) Motion No. M17-012 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Peskin

Supervisor Breed Excused from Voting Supervisor Ronen, seconded by Supervisor Cohen, moved that Supervisor Breed be excused from voting on File No. 170143. The motion carried by the following vote:

Ayes: Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Breed

170143 [Appointment, Golden Gate Bridge, Highway and Transportation District Board of Directors - Supervisor London Breed] Motion appointing Supervisor London Breed, for a two-year term, to the Golden Gate Bridge, Highway and Transportation District Board of Directors. (Rules Committee) Motion No. M17-013 APPROVED by the following vote:

Ayes: Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Breed

City and County of San Francisco Page 8 Printed at 4:01 pm on 2/8/17 Board of Supervisors Meeting Minutes - Draft 2/7/2017 Supervisor Sheehy Excused from Voting Supervisor Fewer, seconded by Supervisor Yee, moved that Supervisor Sheehy be excused from voting on File No. 170144. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: None

Excused: Sheehy

170144 [Appointment, Golden Gate Bridge, Highway and Transportation District Board of Directors - Supervisor Jeff Sheehy] Motion appointing Supervisor Jeff Sheehy, for a two-year term, to the Golden Gate Bridge, Highway and Transportation District Board of Directors. (Rules Committee) Motion No. M17-014 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: None

Excused: Sheehy

Supervisor Kim Excused from Voting Supervisor Yee, seconded by Supervisor Ronen, moved that Supervisor Kim be excused from voting on File No. 170061. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Kim

170061 [Appointment, Metropolitan Transportation Commission - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim, for a four-year term, to the Metropolitan Transportation Commission. (Rules Committee) Motion No. M17-015 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Kim

City and County of San Francisco Page 9 Printed at 4:01 pm on 2/8/17 Board of Supervisors Meeting Minutes - Draft 2/7/2017 Supervisor Fewer Excused from Voting Supervisor Peskin, seconded by Supervisor Safai, moved that Supervisor Fewer be excused from voting on File No. 170062. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Fewer

170062 [Appointment, Reentry Council - Supervisor Sandra Lee Fewer] Motion appointing Supervisor Sandra Lee Fewer, for a two-year term, to the Reentry Council. (Rules Committee) Motion No. M17-016 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Excused: Fewer

170063 [Appointment, Park, Recreation and Open Space Advisory Committee - Katherine Mindel Jones] Motion appointing Katherine Mindel Jones, for the unexpired portion of a two-year term, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M17-017 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

l Grand Jury’s Report, entitled “Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings;" and requesting the Police Department, the Department of Human Resources, the Department of Police Accountability, and the Police Commission to report; scheduled pursuant to Motion No. M16-164, adopted November 15, 2016. President Breed opened the public hearing, informed the Board that she would be entertaining a motion to continue the hearing to March 7, 2017. Supervisor Cohen provided additional information on the hearing and the proposed continuance. The President inquired as to whether any member of the public wished to address the Board relating to the hearing on the findings and recommendations regarding law enforcement practices (File No. 170113) and the proposed continuance. There were no speakers. President Breed closed public comment, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Cohen, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of March 7, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

nt the use of’ and adding ‘disentangle’, Lines 9-10, by striking ‘to aid Immigration and Customs Enforcement (ICE) in carrying out deportations’ and adding ‘from federal immigration enforcement’, Line 14, by adding ‘would’, Lines 14-15, by striking ‘is an omnibus immigrant rights legislation, that’, Line 15, by striking ‘would’, Line 16, by adding 'and disentagle scarce', Lines 16-17, by adding ‘federal immigration enforcement’, and Line 17, by striking ‘engaging in deportations’; and Page 2, Line 10, by adding ‘trust and’, and Lines 13-19, by adding ‘WHEREAS, Community trust and confidence in local law enforcement and related City public health and safety agencies, including the Public Health and Fire Department, helps keep our communities safe by making sure that all residents, regardless of immigration status, feel comfortable calling the Police and Fire Departments during emergencies and cooperating with City agencies during public safety situations. It helps keep our communities healthy by making sure that all residents, regardless of immigration status, feel comfortable accessing City public health services and benefit programs; and’. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

ADOPTED AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None