# Board of Supervisors Minutes: May 16, 2017 - Meeting date: 2017-05-16 - Document type: minutes - Pages in official PDF: 31 - [Canonical HTML transcript](https://sfbos.info/documents/440/2017-05-16-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=548396&GUID=DF3F4441-9ECF-4ED3-8ADC-2F3F7FC9308E) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 170274: Accept and Expend Grant - Federal Emergency Management Agency - Adequate Fire and Emergency Response Grant Program - Amend the Annual Salary Ordinance - $8,533,872 - Pages: 3 ### File 170298: Administrative Code - Animal Shelter Fund - Pages: 3 ### File 170123: Public Works Code - Construction Site Runoff on Port Property - Enforcement - Pages: 3 ### File 170317: Settlement of Lawsuit - Laurie Kassel - $102,915.40 - Pages: 3-4 ### File 170318: Settlement of Lawsuit - Protect Our Benefits - $750,000 - Pages: 4 ### File 170319: Settlement of Lawsuit - Yelp Inc. - $599,000 - Pages: 4 ### File 170320: Settlement of Lawsuit - Leslie Stewart - $75,000 - Pages: 4 ### File 170389: Settlement of Lawsuit - Maryam Mozafari - $70,000 - Pages: 4-5 ### File 170156: Planning Code, Zoning Map - Production, Distribution, and Repair Controls; Eliminating the Transit-Oriented Retail Special Use District, and Correcting Height Limits in the UMU District - Pages: 5 - Vote 1: final-passage, likely final - Action: 170156 [Planning Code, Zoning Map - Production, Distribution, and Repair Controls; Eliminating the Transit-Oriented Retail Special Use District, and Correcting Height Limits in the UMU District] Sponsors: Mayor; Ronen Ordinance amending the Planning Code and Zoning Map to prohibit Gym and Massage uses in the Production, Distribution, and Repair (PDR) zoning districts, eliminate the Transit-Oriented Retail Special Use District, which includes all parcels in PDR districts along 16th Street from Mission Street to Potrero Avenue, and correct the height limits on certain parcels in the Urban Mixed Use (UMU) District to allow for groundfloor PDR uses; affirming the Planning Commission’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. 105-17 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 170200: Appropriation - Capital Improvement Projects - $4,832,455,418 - FY2016-2017 - Pages: 5-6 - Vote 1: final-passage, likely final - Action: 170200 [Appropriation - Capital Improvement Projects - $4,832,455,418 - FY2016-2017] Sponsor: Mayor Ordinance appropriating $4,832,455,418 of proceeds from the sale of revenue bonds or commercial paper for capital improvement projects to the Airport Commission for FY2016-2017; placing $2,100,000,000 of those proceeds on Controller's reserve, pending receipt of proceeds of indebtedness; and placing the remaining $2,732,455,418 on Board of Supervisors' reserve. (Fiscal Impact) Ordinance No. 106-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170210: Administrative, Environment Codes - Zero Emission Vehicle Requirements for City Fleet - Pages: 6 - Vote 1: amendment - Action: nsors: Tang; Farrell Ordinance amending the Administrative and Environment Codes to require that any new passenger vehicle procured for the City fleet be a Zero Emission Vehicle, absent a waiver, and that all passenger vehicles in the City fleet be Zero Emission Vehicles by December 31, 2022; and to encourage selection of Zero Emission Vehicles in other vehicle classes as technology improves. (Fiscal Impact) Privilege of the floor was granted unanimously to T. Adam Nguyen, Finance and Planning Director (Office of the City Administrator), and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 7, Lines 1-6, by striking ‘Vehicles shall be replaced in order of age’, adding ‘Departments shall make best efforts to replace in order of age’ before ‘such that oldest’, and adding ‘unless compelling reasons such as wear and tear, mileage, and safety concerns warrant a deviation from strict compliance to the replacement of oldest vehicles’ after ‘light-duty vehicles’. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: first-reading - Action: (Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170271: Administrative Code - Transfer of Moscone Center Garage and Performing Arts Garage to Municipal Transportation Agency - Pages: 6 - Vote 1: continuance - Action: 170271 [Administrative Code - Transfer of Moscone Center Garage and Performing Arts Garage to Municipal Transportation Agency] Ordinance amending the Administrative Code to transfer the Moscone Center Garage (255-3rd Street) and the Performing Arts Garage (360 Grove Street) from the Parking Authority to the Municipal Transportation Agency; assigning a ground lease for certain Public Works property for access between the Performing Arts Garage and Gough Street; affirming the 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. (Municipal Transportation Agency) Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of May 23, 2017. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170424: Accept and Expend Gift - San Francisco General Hospital Foundation - Public Health/Community Outreach Campaign - $664,567 - Pages: 6-7 - Vote 1: referral - Action: 170424 [Accept and Expend Gift - San Francisco General Hospital Foundation - Public Health/Community Outreach Campaign - $664,567] Sponsor: Sheehy Resolution retroactively authorizing the Department of Public Health to accept and expend a gift in the amount of $664,567 from the San Francisco General Hospital Foundation, to participate in a program entitled Public Health/Community Outreach Campaign, for the period of February 1, 2017, through January 31, 2019, and waiving indirect costs. (Public Health Department) Supervisor Sheehy, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED to the Budget and Finance Sub-Committee. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161014: Planning Code - Exempting Certain Historic Landmarks from Requirement to Obtain Conditional Use and Replace Production, Distribution, and Repair, Institutional Community, and Arts Activities Uses - Pages: 7 - Vote 1: final-passage, likely final - Action: 161014 [Planning Code - Exempting Certain Historic Landmarks from Requirement to Obtain Conditional Use and Replace Production, Distribution, and Repair, Institutional Community, and Arts Activities Uses] Sponsor: Kim Ordinance amending Planning Code, Section 202.8 to exempt certain designated historic landmarks from obtaining conditional use authorization to remove certain Production, Distribution, and Repair, Institutional Community, and Arts Activities Uses, and providing replacement space for such uses; 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. Ordinance No. 103-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170348: Planning Code, Zoning Map - 1500 Mission Street Special Use District - Pages: 7 - Vote 1: final-passage, likely final - Action: 170348 [Planning Code, Zoning Map - 1500 Mission Street Special Use District] Sponsor: Mayor Ordinance amending the Planning Code to create the 1500 Mission Street Special Use District to facilitate development of the 1500 Mission Street (Assessor’s Parcel Block No. 3506, Lot Nos. 006 and 007) project, to regulate bulk controls in the Special Use District, to modify Zoning Map SU07 to place the project site into this Special Use District, and Zoning Map HT07 to establish the height and bulk district designations for the project site; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Commission) Ordinance No. 101-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170408: General Plan Amendments - 1500 Mission Street Project - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 170408 [General Plan Amendments - 1500 Mission Street Project] Ordinance amending the General Plan by revising the height and bulk designations for the 1500 Mission Street project, Assessor’s Parcel Block No. 3506, Lot Nos. 006 and 007, on Map 3 of the Market and Octavia Area Plan and on Map 5 of the Downtown Area Plan; 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. 102-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170467: Temporary Housing for Homeless People During Shelter Crisis - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue - Pages: 8 - Vote 1: final-passage, likely final - Action: Homeless People During Shelter Crisis - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving an agreement between the City and LMC San Francisco I Holdings, LLC, to allow the City to use the property at 1515 South Van Ness Avenue to utilize and operate a facility to provide temporary housing and services to homeless persons; directing the City Administrator, Public Works, Department of Homelessness and Supportive Housing, Department of Building Inspection, and other City departments to make repairs or improvements, consistent with health and safety standards, to use the property for temporary housing to address encampments in the Mission District; authorizing Public Works, Department of Homelessness and Supportive Housing, and Department of Public Health to enter into contracts without adhering to competitive bidding and other requirements for construction work, procurement, and personal services at the facility; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact; No Budget and Legislative Analyst report.) Ordinance No. 097-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170297: Administrative Code - Increasing the Minimum Compensation Hourly Rate - Pages: 8-9 - Vote 1: amendment - Action: 170297 [Administrative Code - Increasing the Minimum Compensation Hourly Rate] Sponsors: Sheehy; Kim and Fewer Ordinance amending the Administrative Code to increase the minimum hourly compensation rate for employees of City contractors other than nonprofit corporations or public entities to $15.86 per hour on July 1, 2017, $16.86 per hour on July 1, 2018, and followed thereafter by annual cost-of-living increases; and to require that City contractors pay the minimum hourly compensation rate to employees who perform any work funded under an applicable contract with the City. (Fiscal Impact) Supervisor Fewer requested to be added as a co-sponsor. Supervisor Sheehy, seconded by Supervisor Safai, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170256: Lease Agreement - San Francisco Soup Company, dba Ladle & Leaf - Post-Security Concession - $250,000 Minimum Annual Guarantee - Pages: 9 - Vote 1: adoption, likely final - Action: 170256 [Lease Agreement - San Francisco Soup Company, dba Ladle & Leaf - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0309 between San Francisco Soup Company, dba Ladle & Leaf, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend, and an initial Minimum Annual Guarantee of $250,000. (Airport Commission) Resolution No. 180-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170257: Lease Agreement - Host International, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee - Pages: 9 - Vote 1: adoption, likely final - Action: 170257 [Lease Agreement - Host International, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0310 between Host International, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $250,000. (Airport Commission) Resolution No. 181-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170258: Lease Agreement - Paradies Lagardere @ SFO, LLC - Post-Security Concession - $250,000 Minimum Annual Guarantee - Pages: 9-10 - Vote 1: adoption, likely final - Action: 170258 [Lease Agreement - Paradies Lagardere @ SFO, LLC - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0311 between Paradies Lagardere @ SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial Minimum Annual Guarantee of $250,000. (Airport Commission) Resolution No. 182-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170259: Lease Agreement - Amoura International, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee - Pages: 10 - Vote 1: adoption, likely final - Action: 170259 [Lease Agreement - Amoura International, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0312 between Amoura International, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $250,000. (Airport Commission) Resolution No. 183-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170260: Lease Agreement - Bun Mee LLC - Post-Security Concession - $250,000 Minimum Annual Guarantee - Pages: 10 - Vote 1: adoption, likely final - Action: 170260 [Lease Agreement - Bun Mee LLC - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0313 between Bun Mee LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial Minimum Annual Guarantee of $250,000. (Airport Commission) Resolution No. 184-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170261: Lease Agreement - Gate 74, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee - Pages: 10 - Vote 1: adoption, likely final - Action: 170261 [Lease Agreement - Gate 74, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0314 between Gate 74, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $250,000. (Airport Commission) Resolution No. 185-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170262: Lease Agreement - Tastes on the Fly San Francisco, LLC - Post-Security Concession - $650,000 Minimum Annual Guarantee - Pages: 10-11 - Vote 1: adoption, likely final - Action: 170262 [Lease Agreement - Tastes on the Fly San Francisco, LLC - Post-Security Concession - $650,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0315 between Tastes on the Fly San Francisco, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with term of seven years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $650,000. (Airport Commission) Resolution No. 186-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170263: Lease Agreement - High Flying Foods SFO, LLC - Post-Security Concession - $1,000,000 Minimum Annual Guarantee - Pages: 11 - Vote 1: adoption, likely final - Action: 170263 [Lease Agreement - High Flying Foods SFO, LLC - Post-Security Concession - $1,000,000 Minimum Annual Guarantee] Resolution approving Terminal 1 Boarding Area C Food and Beverage Concession Lease No. 16-0316 between High Flying Foods SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of seven years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $1,000,000. (Airport Commission) Resolution No. 187-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170266: Agreement Amendment - Cerner Health Services, Inc. - Clinical and Financial Software Services to Facilitate a New Electronic Health Record System - Not to Exceed $87,478,859 - Pages: 11 - Vote 1: adoption, likely final - Action: 170266 [Agreement Amendment - Cerner Health Services, Inc. - Clinical and Financial Software Services to Facilitate a New Electronic Health Record System - Not to Exceed $87,478,859] Resolution approving a second amendment to the agreement between the Department of Public Health and Cerner Health Services, Inc., for clinical and financial software applications to facilitate the transition to a new Electronic Health Record system, to extend the contract by three years for a total term of July 1, 2010, through June 30, 2020, with a corresponding increase of $35,183,879 for a total agreement amount not to exceed $87,478,859. (Public Health Department) (Fiscal Impact) Resolution No. 188-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170343: Professional Services Agreement - HDR Engineering, Inc. - Construction Management Staff Augmentation Services for the New Headworks Facility Project - Not to Exceed $17,000,000 - Pages: 11-12 - Vote 1: adoption, likely final - Action: 170343 [Professional Services Agreement - HDR Engineering, Inc. - Construction Management Staff Augmentation Services for the New Headworks Facility Project - Not to Exceed $17,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Professional Services Agreement No. PRO.0028, New Headworks Facility Construction Management Staff Augmentation Services, with HDR Engineering, Inc., to provide construction management staff augmentation services for the New Headworks Facility Project, for an amount not to exceed $17,000,000 over a term of six years to commence following Board approval through July 2023. (Public Utilities Commission) (Fiscal Impact) Resolution No. 191-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170423: Accept and Expend Grant - Board of State and Community Corrections - Evidence-Based Practices Training - $17,370 - Pages: 12 - Vote 1: adoption, likely final - Action: 170423 [Accept and Expend Grant - Board of State and Community Corrections - Evidence-Based Practices Training - $17,370] Sponsor: Safai Resolution retroactively authorizing the Juvenile Probation Department to accept and expend a grant in the amount of $17,370 from the Board of State and Community Corrections for Evidence-Based Practices training, with the term of November 1, 2016, through February 28, 2018. Resolution No. 192-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170475: Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Community Development Block Grant Program - $18,782,824 - FY2017-2018 - Pages: 12 - Vote 1: adoption, likely final - Action: 170475 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Community Development Block Grant Program - $18,782,824 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 CDBG Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $16,485,875 and to expend program income in the amount of $2,296,949 for a combined total of approximately $18,782,824 for a period beginning July 1, 2017, through the date when all funds are expended. Resolution No. 194-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170476: Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Emergency Solutions Grants Program - $1,484,425 - FY2017-2018 - Pages: 12-13 - Vote 1: adoption, likely final - Action: 170476 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Emergency Solutions Grants Program - $1,484,425 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 Emergency Solutions Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 ESG Program entitlement from the U.S. Department of Housing and Urban Development, in the amount of $1,484,425 for an unspecified period starting July 1, 2017. (Fiscal Impact; No Budget and Legislative Analyst report.) Resolution No. 195-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170477: Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Program - $6,785,026 - FY2017-2018 - Pages: 13 - Vote 1: adoption, likely final - Action: 170477 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Program - $6,785,026 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 Housing Opportunities for Persons with AIDS (“HOPWA”) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $6,735,026 and to expend program income in the amount of $50,000 for a combined total of $6,785,026 for the period of July 1, 2017, through June 30, 2022. Resolution No. 196-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170478: Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - HOME Investment Partnership Program - $4,258,751 - FY2017-2018 - Pages: 13-14 - Vote 1: adoption, likely final - Action: 170478 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - HOME Investment Partnership Program - $4,258,751 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $4,158,751 and to expend program income in the amount of $100,000 for a combined total of $4,258,751 for the term of July 1, 2017, through June 30, 2022. (Fiscal Impact; No Budget and Legislative Analyst report.) Resolution No. 197-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: other - Action: Supervisor Farrell was noted absent at 2:44 p.m. and for the remainder of the meeting. Supervisor Farrell Excused from Attendance Supervisor Peskin, seconded by Supervisor Tang, moved that Supervisor Farrell be excused from attending the remainder of the Board of Supervisors meeting of May 16, 2017, beginning at 3:04 p.m. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 150969: Planning Code - Affordable Housing Bonus Programs - Pages: 14-15 - Vote 1: other - Action: Retail prohibitions on ground floor does not apply to sites with existing fringe financial, self-storage, motel, automobile sales/rental, gas station, car wash, mortuaries, adult entertainment, massage, medical cannabis dispensary, and tobacco shop uses; on Page 13, Lines 6-16, and Page 26, Lines 1-12, by removing the Northeast quadrant area north of Post Street and east of Van Ness Avenue, with exception of soft sites; on Page 14, Line 24, through Page 25, Line 1, to ensure all HOME-SF units are marketed at least 20% less than current market rate for that unit size and neighborhood, and direct the Mayor’s Office of Housing and Community Development to reduce the Area Median Income levels to maintain such pricing; on Page 15, Lines 12-16, to require HOME-SF units meet minimum unit sizes as set forth by the California Tax Credit Allocation Committee as of May 16, 2017; on Page 15, Lines 15-16, by requiring at least 40% of units be 2-3 bedrooms, with at least 10% of the 40% being 3-bedrooms; and conforming the Analyzed State Density Bonus Program to contain same programmatic details as HOME-SF, with the exception of three state requirements. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell - Vote 2: first-reading - Action: Supervisor Tang, seconded by Supervisor Yee, moved that this be CONTINUED AS AMENDED ON FIRST READING to the Board of Supervisors meeting of May 23, 2017. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 160532: Liquor License - 2340 Chestnut Street - Pages: 15 - Vote 1: adoption, likely final - Action: 160532 [Liquor License - 2340 Chestnut Street] Resolution determining that the issuance of a Type 40 on-sale beer license to Frank Lee, Jr., dba Presidio Theatre, located at 2340 Chestnut Street (District 2), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 179-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170272: Liquor License Transfer - 708 Polk Street - Pages: 15 - Vote 1: referral - Action: 170272 [Liquor License Transfer - 708 Polk Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license to S.A.K. Bars, Inc., dba Hotel Epik, located at 708 Polk Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Supervisor Kim, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170293: Liquor License Transfer - 345 Taraval Street - Pages: 15-16 - Vote 1: adoption, likely final - Action: 170293 [Liquor License Transfer - 345 Taraval Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license to Guerra Quality Meats, Inc. located at 345 Taraval Street (District 7), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose the condition on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 189-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170339: Liquor License - 650 California Street - Pages: 16 - Vote 1: adoption, likely final - Action: 170339 [Liquor License - 650 California Street] Resolution determining that the issuance of a Type 40 on-sale beer license to Juice Beans Brew 650, LLC, dba Hermanos Coffee & Juice Bar, located at 650 California Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 190-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170505: Appointments, Single Room Occupancy Task Force - Dan Jordan, Sam Patel, Bruce Burge, Angela Chu, Raul Fernandez-Berriozabal, Chirag Bhakta, Diana Martinez, Clifford Gilmore, and Jordan Davis - Pages: 16 - Vote 1: approval, likely final - Action: 170505 [Appointments, Single Room Occupancy Task Force - Dan Jordan, Sam Patel, Bruce Burge, Angela Chu, Raul Fernandez-Berriozabal, Chirag Bhakta, Diana Martinez, Clifford Gilmore, and Jordan Davis] Motion reappointing Dan Jordan, Sam Patel, Bruce Burge (residency requirement waived), Angela Chan, and Raul Fernandez-Berriozabal, and appointing Chirag Bhakta, Diana Martinez (residency requirement waived), Clifford Gilmore (residency requirement waived), and Jordan Davis, terms ending December 31, 2018, to the Single Room Occupancy (SRO) Task Force. (Rules Committee) Motion No. M17-073 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170532: Mayoral Appointment, Commission on the Status of Women - Marjan Ghafourpour Philhour - Pages: 16-17 - Vote 1: approval, likely final - Action: 170532 [Mayoral Appointment, Commission on the Status of Women - Marjan Ghafourpour Philhour] Motion approving the Mayor's appointment of Marjan Ghafourpour Philhour to the Commission on the Status of Women, for a term ending January 22, 2019. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-074 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee - Noes: Peskin - Excused: Farrell ### File 170533: Mayoral Appointment, Arts Commission - Mary Y. Jung - Pages: 17 - Vote 1: approval, likely final - Action: 170533 [Mayoral Appointment, Arts Commission - Mary Y. Jung] Motion approving the Mayor's appointment of Mary Y. Jung to the Arts Commission, for a term ending January 15, 2021. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-075 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Safai, Sheehy, Tang, Yee - Noes: Kim, Peskin, Ronen - Excused: Farrell ### File 170534: Mayoral Appointment, Aging and Adult Services Commission - Perry Lang - Pages: 17 - Vote 1: approval, likely final - Action: 170534 [Mayoral Appointment, Aging and Adult Services Commission - Perry Lang] Motion approving the Mayor's appointment of Perry Lang to the Aging and Adult Services Commission, for a term ending January 15, 2019. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-076 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170535: Mayoral Reappointment, Aging and Adult Services Commission - Gustavo Seriñá - Pages: 17-18 - Vote 1: approval, likely final - Action: 170535 [Mayoral Reappointment, Aging and Adult Services Commission - Gustavo Seriñá] Motion approving the Mayor's reappointment of Gustavo Seriñá to the Aging and Adults Services Commission, for a term ending July 21, 2020. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-077 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170536: Mayoral Appointment, Aging and Adult Services Commission - Jeremy Wallenberg - Pages: 18 - Vote 1: approval, likely final - Action: 170536 [Mayoral Appointment, Aging and Adult Services Commission - Jeremy Wallenberg] Motion approving the Mayor's appointment of Jeremy Wallenberg to the Aging and Adults Services Commission, for a term ending January 15, 2020. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-078 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170546: Reappointment, Eastern Neighborhoods Citizens Advisory Committee - Fernando Marti - Pages: 18 - Vote 1: approval, likely final - Action: 170546 [Reappointment, Eastern Neighborhoods Citizens Advisory Committee - Fernando Marti] Motion reappointing Fernando Martí, term ending October 19, 2017, to the Eastern Neighborhoods Citizens Advisory Committee. (Rules Committee) Motion No. M17-079 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170550: Appointment, Balboa Park Station Community Advisory Committee - Nell Selander - Pages: 18-19 - Vote 1: approval, likely final - Action: 170550 [Appointment, Balboa Park Station Community Advisory Committee - Nell Selander] Motion appointing Nell Selander, term ending February 28, 2018, to the Balboa Park Station Community Advisory Committee. (Rules Committee) Motion No. M17-080 APPROVED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 170497: Hearing - Committee of the Whole - Findings and Recommendations Regarding Law Enforcement Practices - Update - May 2, 2017 - Pages: 20-21 ### File 170411: Appropriation - Wastewater Enterprise General Reserve - Claims Settlements and Related Expenses as a Result of Winter Storms - $5,000,000 - FY2016-2017 - Pages: 21 - Vote 1: first-reading - Action: 170411 [Appropriation - Wastewater Enterprise General Reserve - Claims Settlements and Related Expenses as a Result of Winter Storms - $5,000,000 - FY2016-2017] Sponsor: Mayor Ordinance appropriating $5,000,000 from Wastewater Enterprise designated for general reserve in the Public Utilities Commission Wastewater Enterprise to pay the claims settlements, legal expenses and related costs due to the large volume of claims arising from the winter 2016-2017 storms in FY2016-2017. (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Farrell ### File 161351: Planning Code - Inclusionary Affordable Housing Fee Requirements - Pages: 21 ### File 170208: Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements - Pages: 21 ### File 170566: Supporting California State Senate Bill 687 (Skinner) - Emergency Service Levels at Health Facilities - Pages: 22 ### File 170567: Supporting the Campaign for Sustainable Rx (Drug) Pricing - Pages: 22-23 ### File 170506: Final Map 9095 - 255-259 Clara Street - Pages: 23 ### File 170575: Calling from Committee - Committee of the Whole and Closed Session - Settlement of Lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017 - Pages: 23-24 - Vote 1: approval, likely final - Action: 170575 [Calling from Committee - Committee of the Whole and Closed Session - Settlement of Lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017] Sponsor: Breed Motion calling from the Government Audit and Oversight Committee the proposed Resolution (File No. 170507) endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco, entitled Airbnb, Inc., et al. v. City and County of San Francisco, and authorizing a tolling agreement in that lawsuit; scheduling the Board of Supervisors to sit as a Committee of the Whole at the meeting on May 23, 2017, at 4:00 p.m. to hold a public hearing to consider the proposed Resolution; and scheduling a closed session of the Board of Supervisors at the same meeting for the purpose of conferring with, or receiving advice from, the City Attorney regarding that existing litigation in which the City is a defendant, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1). Motion No. M17-082 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee - Absent: Sheehy - Excused: Farrell ### File 170596: Urging the California State Legislature to Support Assembly Bill 915 - Pages: 24-25 - Vote 1: adoption, likely final - Action: 170596 [Urging the California State Legislature to Support Assembly Bill 915] Sponsors: Safai; Breed, Kim and Peskin Resolution urging the California State Legislature to support and pass Assembly Bill 915, introduced by Assemblymember Phil Ting, which would add Section 65915.4 to the California Government Code, and provide that if a city, county, or city and county has adopted an inclusionary housing ordinance then the city, county, or city and county shall apply that ordinance to the total number of housing units, including additional units granted under a density bonus. President Breed inquired as to whether any member of the public wished to address the Board relating to urging the California State Legislature to support Assembly Bill 915 as referenced in File No. 170596. There were no speakers. The President declared public comment closed. Resolution No. 201-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee - Absent: Sheehy - Excused: Farrell ### File 170597: Memorandum of Understanding - Committee of Interns and Residents, Service Employees International Union - Pages: 25 ### File 170598: Appropriation and De-Appropriation - District 10 Participatory Budgeting Projects - Expenditures of $244,000 - FY2016-2017 - Pages: 25 ### File 170349: Administrative Code - Owner Move-In Reporting Requirements - Pages: 25-26 ### File 170599: Public Works, Police Codes - Prohibiting Autonomous Delivery Devices on Sidewalks and Right-of-Ways - Pages: 26 ### File 170600: Appropriation and De-Appropriation - District 7 Participatory Budgeting Projects - Expenditures of $300,000 - FY2016-2017 - Pages: 26 ### File 170601: Tourism Improvement District - Annual Reports to the City - FYs 2009-2016 - Pages: 26 ### File 170602: Real Property Conveyance - Land Dedication by Bryant Street Holdings LLC - 2070 Bryant Street - Inclusionary Affordable Housing - Pages: 26-27 ### File 170603: Accept and Expend Grant - California Governor’s Office of Emergency Services - County Victim Services Program - $771,298 - Pages: 27 ### File 170604: Moscone Expansion District - Annual Report to the City - FYs 2014-2015 and 2015-2016 - Pages: 27 ### File 170605: Multifamily Housing Revenue Bonds - 171 Loehr Street and 1250 Sunnydale Avenue (also known as Britton Court) - Not to Exceed $76,000,000 - Pages: 27 ### File 170606: Accept and Expend Grant - Rim Fire Alternate Project - $377,115 - Pages: 27-28 ### File 170607: Approval of a 120-Day Extension for Planning Commission Review of Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use District (File No. 161109) - Pages: 28 ### File 170608: Stephen T. Mather Day - July 4, 2017 - Pages: 28 ### File 170609: Multifamily Housing Revenue Bonds - 54 McAllister Street (also known as Dorothy Day Community) - Not to Exceed $111,000,000 - Pages: 28 ### File 170610: Top of Broadway Community Benefit District - Annual Report for FY2015-2016 - Pages: 28-29 ### File 170611: Expressing Support for the San Francisco-Oakland Bid to Host the 2020 International AIDS Conference - Pages: 29 ### File 170612: Issuance of Bonds - California Statewide Communities Development Authority - California School of Mechanical Arts (Lick Wilmerding High School) - Not to Exceed $53,000,000 - Pages: 29 ### File 170613: Mayoral Appointment, Recreation and Park Commission - Larry Mazzola Jr. - Pages: 29 ### File 170614: Hearing - Committee of the Whole - Settlement of Lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017 - Pages: 29-30 ### File 170615: Closed Session - Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017 - Pages: 30 ### File 170551: Business and Tax Regulations Code - Emergency Medical Services Fees - Pages: 30 ### File 170552: Amending Ordinance No. 1061 - Sidewalk Width Change - Masonic Avenue at Fulton and Turk Streets - Pages: 30-31 ### File 170509: Contract Agreement Amendment - NextBus, Inc. - Automatic Vehicle Location System - Not to Exceed $12,968,676 - Pages: 31 ### File 170510: Agreement - Intercare Holdings Insurance Services, Inc. - Workers’ Compensation Third Party Administrator - Not to Exceed $26,179,119 - Pages: 31 ## Extracted text ### [Page 1](https://sfbos.info/documents/440/2017-05-16-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, May 16, 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 Committee Membership Meeting Days Budget and Finance Committee Thursday Supervisors Cohen, Yee, Tang, Kim, Sheehy 1:00 PM Budget and Finance Federal Select Committee 2nd and 4th Thursday Supervisors Cohen, Sheehy, Fewer 1:05 PM Budget and Finance Sub-Committee Thursday Supervisors Cohen, Yee, Tang 10:00 AM Government Audit and Oversight Committee 1st and 3rd Wednesday 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 and 4th Wednesday Supervisors Ronen, Sheehy, Fewer 10:00 AM Rules Committee 2nd and 4th Wednesday Supervisors Safai, Fewer, Yee 1:00 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 112 Number 17 ### [Page 2](https://sfbos.info/documents/440/2017-05-16-minutes#page-2) Board of Supervisors Meeting Minutes 5/16/2017 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, May 16, 2017, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Breed called the meeting to order at 2:01 p.m. On the call of the roll, all Supervisors were noted present. There was a quorum. COMMUNICATIONS There were no communications. APPROVAL OF MEETING MINUTES President Breed inquired whether any Board Member had any corrections to the Board Meeting Minutes of April 4, 2017. There were no corrections. Supervisor Yee, seconded by Supervisor Kim, moved to approve the Board Meeting Minutes of April 4, 2017. The motion carried by the following vote, following general public comment: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee AGENDA CHANGES There were no agenda changes. City and County of San Francisco Page 373 Printed at 4:29 pm on 7/6/17 ### [Page 3](https://sfbos.info/documents/440/2017-05-16-minutes#page-3) Board of Supervisors Meeting Minutes 5/16/2017 CONSENT AGENDA Recommendations of the Budget and Finance Sub-Committee 170274 [Accept and Expend Grant - Federal Emergency Management Agency - Adequate Fire and Emergency Response Grant Program - Amend the Annual Salary Ordinance - $8,533,872] Sponsor: Sheehy Ordinance retroactively authorizing the Fire Department to accept and expend a grant in the amount of $8,533,872 from the Federal Emergency Management Agency for staffing for the Adequate Fire and Emergency Response Grant Program; and amending Ordinance No. 146-16 (Annual Salary Ordinance FYs 2016-2017 and 2017-2018) to reflect the addition of 36 grant-funded Class H002 Firefighters at 36.00 FTE for July 1, 2016, through June 30, 2017, and 36.00 FTE for July 1, 2017, through June 30, 2018. (Fire Department) (Fiscal Impact) Ordinance No. 107-17 FINALLY PASSED 170298 [Administrative Code - Animal Shelter Fund] Sponsor: Tang Ordinance amending the Administrative Code to create a gift fund for the construction and furnishing of the new animal shelter. Ordinance No. 108-17 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 170123 [Public Works Code - Construction Site Runoff on Port Property - Enforcement] Ordinance amending the Public Works Code to authorize the Port Executive Director to impose penalties for failure to comply with requirements relating to construction site runoff on property within Port Commission jurisdiction. (Port) Ordinance No. 104-17 FINALLY PASSED 170317 [Settlement of Lawsuit - Laurie Kassel - $102,915.40] Ordinance authorizing settlement of the lawsuit filed by Laurie Kassel against the City and County of San Francisco for $102,915.40; the lawsuit was filed on December 27, 2016, in San Francisco Superior Court, Case No. CGC 16-556160; entitled Laurie Kassel v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 109-17 FINALLY PASSED City and County of San Francisco Page 374 Printed at 4:29 pm on 7/6/17 ### [Page 4](https://sfbos.info/documents/440/2017-05-16-minutes#page-4) Board of Supervisors Meeting Minutes 5/16/2017 170318 [Settlement of Lawsuit - Protect Our Benefits - $750,000] Ordinance authorizing settlement of the plaintiff’s claim for attorney’s fees and costs in the lawsuit filed by Protect Our Benefits against the City and County of San Francisco for $750,000; the lawsuit was filed on February 25, 2013, in San Francisco Superior Court, Case No. CPF-13-512788; entitled Protect Our Benefits v. City & County of San Francisco; the lawsuit involves Supplemental Cost of Living Adjustment pension benefits payable to San Francisco Employees’ Retirement System retirees. (City Attorney) Ordinance No. 110-17 FINALLY PASSED 170319 [Settlement of Lawsuit - Yelp Inc. - $599,000] Ordinance authorizing settlement of the lawsuit filed by Yelp Inc. against the City and County of San Francisco for $599,000; the lawsuit was filed on February 23, 2017, in San Francisco Superior Court, Case No. CGC-17-557250; entitled Yelp Inc. v. City and County of San Francisco et al.; the lawsuit involves a refund of payroll expense taxes and gross receipts taxes. (City Attorney) Ordinance No. 111-17 FINALLY PASSED 170320 [Settlement of Lawsuit - Leslie Stewart - $75,000] Ordinance authorizing settlement of the lawsuit filed by Leslie Stewart against the City and County of San Francisco for $75,000; the lawsuit was filed on September 10, 2015, in San Francisco Superior Court, Case No. CGC-15-547872; entitled Leslie Stewart v. City and County of San Francisco; the lawsuit involves alleged personal injury on a City street. (City Attorney) Ordinance No. 112-17 FINALLY PASSED 170389 [Settlement of Lawsuit - Maryam Mozafari - $70,000] Ordinance authorizing settlement of the lawsuit filed by Maryam Mozafari against the City and County of San Francisco for $70,000; the lawsuit was filed on June 16, 2015, in San Francisco Superior Court, Case No. CGC-15-546389; entitled Maryam Mozafari v. City and County of San Francisco; the lawsuit involves alleged personal injury on a City sidewalk adjacent to Alta Plaza Park. (City Attorney) Ordinance No. 113-17 FINALLY PASSED City and County of San Francisco Page 375 Printed at 4:29 pm on 7/6/17 ### [Page 5](https://sfbos.info/documents/440/2017-05-16-minutes#page-5) Board of Supervisors Meeting Minutes 5/16/2017 Recommendation of the Land Use and Transportation Committee 170156 [Planning Code, Zoning Map - Production, Distribution, and Repair Controls; Eliminating the Transit-Oriented Retail Special Use District, and Correcting Height Limits in the UMU District] Sponsors: Mayor; Ronen Ordinance amending the Planning Code and Zoning Map to prohibit Gym and Massage uses in the Production, Distribution, and Repair (PDR) zoning districts, eliminate the Transit-Oriented Retail Special Use District, which includes all parcels in PDR districts along 16th Street from Mission Street to Potrero Avenue, and correct the height limits on certain parcels in the Urban Mixed Use (UMU) District to allow for groundfloor PDR uses; affirming the Planning Commission’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. 105-17 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 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Budget and Finance Sub-Committee 170200 [Appropriation - Capital Improvement Projects - $4,832,455,418 - FY2016-2017] Sponsor: Mayor Ordinance appropriating $4,832,455,418 of proceeds from the sale of revenue bonds or commercial paper for capital improvement projects to the Airport Commission for FY2016-2017; placing $2,100,000,000 of those proceeds on Controller's reserve, pending receipt of proceeds of indebtedness; and placing the remaining $2,732,455,418 on Board of Supervisors' reserve. (Fiscal Impact) Ordinance No. 106-17 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 376 Printed at 4:29 pm on 7/6/17 ### [Page 6](https://sfbos.info/documents/440/2017-05-16-minutes#page-6) Board of Supervisors Meeting Minutes 5/16/2017 170210 [Administrative, Environment Codes - Zero Emission Vehicle Requirements for City Fleet] Sponsors: Tang; Farrell Ordinance amending the Administrative and Environment Codes to require that any new passenger vehicle procured for the City fleet be a Zero Emission Vehicle, absent a waiver, and that all passenger vehicles in the City fleet be Zero Emission Vehicles by December 31, 2022; and to encourage selection of Zero Emission Vehicles in other vehicle classes as technology improves. (Fiscal Impact) Privilege of the floor was granted unanimously to T. Adam Nguyen, Finance and Planning Director (Office of the City Administrator), and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 7, Lines 1-6, by striking ‘Vehicles shall be replaced in order of age’, adding ‘Departments shall make best efforts to replace in order of age’ before ‘such that oldest’, and adding ‘unless compelling reasons such as wear and tear, mileage, and safety concerns warrant a deviation from strict compliance to the replacement of oldest vehicles’ after ‘light-duty vehicles’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee (Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170271 [Administrative Code - Transfer of Moscone Center Garage and Performing Arts Garage to Municipal Transportation Agency] Ordinance amending the Administrative Code to transfer the Moscone Center Garage (255-3rd Street) and the Performing Arts Garage (360 Grove Street) from the Parking Authority to the Municipal Transportation Agency; assigning a ground lease for certain Public Works property for access between the Performing Arts Garage and Gough Street; affirming the 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. (Municipal Transportation Agency) Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of May 23, 2017. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170424 [Accept and Expend Gift - San Francisco General Hospital Foundation - Public Health/Community Outreach Campaign - $664,567] Sponsor: Sheehy Resolution retroactively authorizing the Department of Public Health to accept and expend a gift in the amount of $664,567 from the San Francisco General Hospital Foundation, to participate in a program entitled Public Health/Community Outreach Campaign, for the period of February 1, 2017, through January 31, 2019, and waiving indirect costs. (Public Health Department) Supervisor Sheehy, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED to the Budget and Finance Sub-Committee. 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 377 Printed at 4:29 pm on 7/6/17 ### [Page 7](https://sfbos.info/documents/440/2017-05-16-minutes#page-7) Board of Supervisors Meeting Minutes 5/16/2017 Recommendations of the Land Use and Transportation Committee 161014 [Planning Code - Exempting Certain Historic Landmarks from Requirement to Obtain Conditional Use and Replace Production, Distribution, and Repair, Institutional Community, and Arts Activities Uses] Sponsor: Kim Ordinance amending Planning Code, Section 202.8 to exempt certain designated historic landmarks from obtaining conditional use authorization to remove certain Production, Distribution, and Repair, Institutional Community, and Arts Activities Uses, and providing replacement space for such uses; 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. Ordinance No. 103-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed requested File Nos. 170348 and 170408 be called together. 170348 [Planning Code, Zoning Map - 1500 Mission Street Special Use District] Sponsor: Mayor Ordinance amending the Planning Code to create the 1500 Mission Street Special Use District to facilitate development of the 1500 Mission Street (Assessor’s Parcel Block No. 3506, Lot Nos. 006 and 007) project, to regulate bulk controls in the Special Use District, to modify Zoning Map SU07 to place the project site into this Special Use District, and Zoning Map HT07 to establish the height and bulk district designations for the project site; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Commission) Ordinance No. 101-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170408 [General Plan Amendments - 1500 Mission Street Project] Ordinance amending the General Plan by revising the height and bulk designations for the 1500 Mission Street project, Assessor’s Parcel Block No. 3506, Lot Nos. 006 and 007, on Map 3 of the Market and Octavia Area Plan and on Map 5 of the Downtown Area Plan; 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. 102-17 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 378 Printed at 4:29 pm on 7/6/17 ### [Page 8](https://sfbos.info/documents/440/2017-05-16-minutes#page-8) Board of Supervisors Meeting Minutes 5/16/2017 170467 [Temporary Housing for Homeless People During Shelter Crisis - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving an agreement between the City and LMC San Francisco I Holdings, LLC, to allow the City to use the property at 1515 South Van Ness Avenue to utilize and operate a facility to provide temporary housing and services to homeless persons; directing the City Administrator, Public Works, Department of Homelessness and Supportive Housing, Department of Building Inspection, and other City departments to make repairs or improvements, consistent with health and safety standards, to use the property for temporary housing to address encampments in the Mission District; authorizing Public Works, Department of Homelessness and Supportive Housing, and Department of Public Health to enter into contracts without adhering to competitive bidding and other requirements for construction work, procurement, and personal services at the facility; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact; No Budget and Legislative Analyst report.) Ordinance No. 097-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee NEW BUSINESS Recommendation of the Budget and Finance Committee 170297 [Administrative Code - Increasing the Minimum Compensation Hourly Rate] Sponsors: Sheehy; Kim and Fewer Ordinance amending the Administrative Code to increase the minimum hourly compensation rate for employees of City contractors other than nonprofit corporations or public entities to $15.86 per hour on July 1, 2017, $16.86 per hour on July 1, 2018, and followed thereafter by annual cost-of-living increases; and to require that City contractors pay the minimum hourly compensation rate to employees who perform any work funded under an applicable contract with the City. (Fiscal Impact) Supervisor Fewer requested to be added as a co-sponsor. Supervisor Sheehy, seconded by Supervisor Safai, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. 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 379 Printed at 4:29 pm on 7/6/17 ### [Page 9](https://sfbos.info/documents/440/2017-05-16-minutes#page-9) Board of Supervisors Meeting Minutes 5/16/2017 Recommendations of the Budget and Finance Sub-Committee President Breed requested File Nos. 170256, 170257, 170258, 170259, 170260, 170261, 170262, and 170263 be called together. 170256 [Lease Agreement - San Francisco Soup Company, dba Ladle & Leaf - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0309 between San Francisco Soup Company, dba Ladle & Leaf, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend, and an initial Minimum Annual Guarantee of $250,000. (Airport Commission) Resolution No. 180-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170257 [Lease Agreement - Host International, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0310 between Host International, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $250,000. (Airport Commission) Resolution No. 181-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170258 [Lease Agreement - Paradies Lagardere @ SFO, LLC - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0311 between Paradies Lagardere @ SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial Minimum Annual Guarantee of $250,000. (Airport Commission) Resolution No. 182-17 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 380 Printed at 4:29 pm on 7/6/17 ### [Page 10](https://sfbos.info/documents/440/2017-05-16-minutes#page-10) Board of Supervisors Meeting Minutes 5/16/2017 170259 [Lease Agreement - Amoura International, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0312 between Amoura International, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $250,000. (Airport Commission) Resolution No. 183-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170260 [Lease Agreement - Bun Mee LLC - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0313 between Bun Mee LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial Minimum Annual Guarantee of $250,000. (Airport Commission) Resolution No. 184-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170261 [Lease Agreement - Gate 74, Inc. - Post-Security Concession - $250,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0314 between Gate 74, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of six years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $250,000. (Airport Commission) Resolution No. 185-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170262 [Lease Agreement - Tastes on the Fly San Francisco, LLC - Post-Security Concession - $650,000 Minimum Annual Guarantee] Resolution approving Terminal 3 Boarding Area F Food and Beverage Concession Lease No. 16-0315 between Tastes on the Fly San Francisco, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with term of seven years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $650,000. (Airport Commission) Resolution No. 186-17 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 381 Printed at 4:29 pm on 7/6/17 ### [Page 11](https://sfbos.info/documents/440/2017-05-16-minutes#page-11) Board of Supervisors Meeting Minutes 5/16/2017 170263 [Lease Agreement - High Flying Foods SFO, LLC - Post-Security Concession - $1,000,000 Minimum Annual Guarantee] Resolution approving Terminal 1 Boarding Area C Food and Beverage Concession Lease No. 16-0316 between High Flying Foods SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of seven years to commence following Board approval, with two one-year options to extend and an initial minimum annual guarantee of $1,000,000. (Airport Commission) Resolution No. 187-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170266 [Agreement Amendment - Cerner Health Services, Inc. - Clinical and Financial Software Services to Facilitate a New Electronic Health Record System - Not to Exceed $87,478,859] Resolution approving a second amendment to the agreement between the Department of Public Health and Cerner Health Services, Inc., for clinical and financial software applications to facilitate the transition to a new Electronic Health Record system, to extend the contract by three years for a total term of July 1, 2010, through June 30, 2020, with a corresponding increase of $35,183,879 for a total agreement amount not to exceed $87,478,859. (Public Health Department) (Fiscal Impact) Resolution No. 188-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170343 [Professional Services Agreement - HDR Engineering, Inc. - Construction Management Staff Augmentation Services for the New Headworks Facility Project - Not to Exceed $17,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Professional Services Agreement No. PRO.0028, New Headworks Facility Construction Management Staff Augmentation Services, with HDR Engineering, Inc., to provide construction management staff augmentation services for the New Headworks Facility Project, for an amount not to exceed $17,000,000 over a term of six years to commence following Board approval through July 2023. (Public Utilities Commission) (Fiscal Impact) Resolution No. 191-17 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 382 Printed at 4:29 pm on 7/6/17 ### [Page 12](https://sfbos.info/documents/440/2017-05-16-minutes#page-12) Board of Supervisors Meeting Minutes 5/16/2017 170423 [Accept and Expend Grant - Board of State and Community Corrections - Evidence-Based Practices Training - $17,370] Sponsor: Safai Resolution retroactively authorizing the Juvenile Probation Department to accept and expend a grant in the amount of $17,370 from the Board of State and Community Corrections for Evidence-Based Practices training, with the term of November 1, 2016, through February 28, 2018. Resolution No. 192-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed requested File Nos. 170475, 170476, 170477, and 170478 be called together. 170475 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Community Development Block Grant Program - $18,782,824 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 CDBG Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $16,485,875 and to expend program income in the amount of $2,296,949 for a combined total of approximately $18,782,824 for a period beginning July 1, 2017, through the date when all funds are expended. Resolution No. 194-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170476 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Emergency Solutions Grants Program - $1,484,425 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 Emergency Solutions Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 ESG Program entitlement from the U.S. Department of Housing and Urban Development, in the amount of $1,484,425 for an unspecified period starting July 1, 2017. (Fiscal Impact; No Budget and Legislative Analyst report.) Resolution No. 195-17 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 383 Printed at 4:29 pm on 7/6/17 ### [Page 13](https://sfbos.info/documents/440/2017-05-16-minutes#page-13) Board of Supervisors Meeting Minutes 5/16/2017 170477 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Program - $6,785,026 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 Housing Opportunities for Persons with AIDS (“HOPWA”) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $6,735,026 and to expend program income in the amount of $50,000 for a combined total of $6,785,026 for the period of July 1, 2017, through June 30, 2022. Resolution No. 196-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170478 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - HOME Investment Partnership Program - $4,258,751 - FY2017-2018] Sponsor: Mayor Resolution approving the FY2017-2018 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2017-2018 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $4,158,751 and to expend program income in the amount of $100,000 for a combined total of $4,258,751 for the term of July 1, 2017, through June 30, 2022. (Fiscal Impact; No Budget and Legislative Analyst report.) Resolution No. 197-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Farrell was noted absent at 2:44 p.m. and for the remainder of the meeting. Supervisor Farrell Excused from Attendance Supervisor Peskin, seconded by Supervisor Tang, moved that Supervisor Farrell be excused from attending the remainder of the Board of Supervisors meeting of May 16, 2017, beginning at 3:04 p.m. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell City and County of San Francisco Page 384 Printed at 4:29 pm on 7/6/17 ### [Page 14](https://sfbos.info/documents/440/2017-05-16-minutes#page-14) Board of Supervisors Meeting Minutes 5/16/2017 Referred Without Recommendation from the Land Use and Transportation Committee 150969 [Planning Code - Affordable Housing Bonus Programs] Sponsors: Mayor; Tang and Safai Ordinance amending Planning Code, Section 206, to amend the 100 Percent Affordable Housing Bonus Program to add the HOME-SF Program, the Analyzed State Density Bonus Program, and the Individually Requested State Density Bonus Program, to provide for development bonuses and zoning modifications for increased affordable housing, in compliance with, and above those required by the State Density Bonus Law, Government Code, Section 65915, et seq.; to establish the procedures in which the HOME-SF Program shall be reviewed and approved; adding a fee for applications under the Programs; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted unanimously to AnMarie Rodgers (Planning Department), Kate Hartley (Mayor's Office of Housing and Community Development), and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 12, Line 24, through Page 13, Line 5, and Page 25, Lines 6-12, to clarify that Formula Retail prohibitions on ground floor does not apply to sites with existing fringe financial, self-storage, motel, automobile sales/rental, gas station, car wash, mortuaries, adult entertainment, massage, medical cannabis dispensary, and tobacco shop uses; on Page 13, Lines 6-16, and Page 26, Lines 1-12, by removing the Northeast quadrant area north of Post Street and east of Van Ness Avenue, with exception of soft sites; on Page 14, Line 24, through Page 25, Line 1, to ensure all HOME-SF units are marketed at least 20% less than current market rate for that unit size and neighborhood, and direct the Mayor’s Office of Housing and Community Development to reduce the Area Median Income levels to maintain such pricing; on Page 15, Lines 12-16, to require HOME-SF units meet minimum unit sizes as set forth by the California Tax Credit Allocation Committee as of May 16, 2017; on Page 15, Lines 15-16, by requiring at least 40% of units be 2-3 bedrooms, with at least 10% of the 40% being 3-bedrooms; and conforming the Analyzed State Density Bonus Program to contain same programmatic details as HOME-SF, with the exception of three state requirements. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell Supervisor Tang, seconded by Supervisor Yee, moved that this be CONTINUED AS AMENDED ON FIRST READING to the Board of Supervisors meeting of May 23, 2017. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell City and County of San Francisco Page 385 Printed at 4:29 pm on 7/6/17 ### [Page 15](https://sfbos.info/documents/440/2017-05-16-minutes#page-15) Board of Supervisors Meeting Minutes 5/16/2017 Recommendations of the Public Safety and Neighborhood Services Committee President Breed requested File Nos. 160532, 170272, 170293, and 170339 be called together. After the matters were called, Supervisor Kim requested File No. 170272 be severed and considered separately. 160532 [Liquor License - 2340 Chestnut Street] Resolution determining that the issuance of a Type 40 on-sale beer license to Frank Lee, Jr., dba Presidio Theatre, located at 2340 Chestnut Street (District 2), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 179-17 ADOPTED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell 170272 [Liquor License Transfer - 708 Polk Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license to S.A.K. Bars, Inc., dba Hotel Epik, located at 708 Polk Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Supervisor Kim, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell 170293 [Liquor License Transfer - 345 Taraval Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license to Guerra Quality Meats, Inc. located at 345 Taraval Street (District 7), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose the condition on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 189-17 ADOPTED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell City and County of San Francisco Page 386 Printed at 4:29 pm on 7/6/17 ### [Page 16](https://sfbos.info/documents/440/2017-05-16-minutes#page-16) Board of Supervisors Meeting Minutes 5/16/2017 170339 [Liquor License - 650 California Street] Resolution determining that the issuance of a Type 40 on-sale beer license to Juice Beans Brew 650, LLC, dba Hermanos Coffee & Juice Bar, located at 650 California Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 190-17 ADOPTED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell Recommendations of the Rules Committee 170505 [Appointments, Single Room Occupancy Task Force - Dan Jordan, Sam Patel, Bruce Burge, Angela Chu, Raul Fernandez-Berriozabal, Chirag Bhakta, Diana Martinez, Clifford Gilmore, and Jordan Davis] Motion reappointing Dan Jordan, Sam Patel, Bruce Burge (residency requirement waived), Angela Chan, and Raul Fernandez-Berriozabal, and appointing Chirag Bhakta, Diana Martinez (residency requirement waived), Clifford Gilmore (residency requirement waived), and Jordan Davis, terms ending December 31, 2018, to the Single Room Occupancy (SRO) Task Force. (Rules Committee) Motion No. M17-073 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell 170532 [Mayoral Appointment, Commission on the Status of Women - Marjan Ghafourpour Philhour] Motion approving the Mayor's appointment of Marjan Ghafourpour Philhour to the Commission on the Status of Women, for a term ending January 22, 2019. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-074 APPROVED by the following vote: Ayes: 9 - Breed, Cohen, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee Noes: 1 - Peskin Excused: 1 - Farrell City and County of San Francisco Page 387 Printed at 4:29 pm on 7/6/17 ### [Page 17](https://sfbos.info/documents/440/2017-05-16-minutes#page-17) Board of Supervisors Meeting Minutes 5/16/2017 170533 [Mayoral Appointment, Arts Commission - Mary Y. Jung] Motion approving the Mayor's appointment of Mary Y. Jung to the Arts Commission, for a term ending January 15, 2021. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-075 APPROVED by the following vote: Ayes: 7 - Breed, Cohen, Fewer, Safai, Sheehy, Tang, Yee Noes: 3 - Kim, Peskin, Ronen Excused: 1 - Farrell President Breed requested File Nos. 170534, 170535, and 170536 be called together. 170534 [Mayoral Appointment, Aging and Adult Services Commission - Perry Lang] Motion approving the Mayor's appointment of Perry Lang to the Aging and Adult Services Commission, for a term ending January 15, 2019. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-076 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell 170535 [Mayoral Reappointment, Aging and Adult Services Commission - Gustavo Seriñá] Motion approving the Mayor's reappointment of Gustavo Seriñá to the Aging and Adults Services Commission, for a term ending July 21, 2020. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-077 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell City and County of San Francisco Page 388 Printed at 4:29 pm on 7/6/17 ### [Page 18](https://sfbos.info/documents/440/2017-05-16-minutes#page-18) Board of Supervisors Meeting Minutes 5/16/2017 170536 [Mayoral Appointment, Aging and Adult Services Commission - Jeremy Wallenberg] Motion approving the Mayor's appointment of Jeremy Wallenberg to the Aging and Adults Services Commission, for a term ending January 15, 2020. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 25, 2017.) Motion No. M17-078 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell 170546 [Reappointment, Eastern Neighborhoods Citizens Advisory Committee - Fernando Marti] Motion reappointing Fernando Martí, term ending October 19, 2017, to the Eastern Neighborhoods Citizens Advisory Committee. (Rules Committee) Motion No. M17-079 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell 170550 [Appointment, Balboa Park Station Community Advisory Committee - Nell Selander] Motion appointing Nell Selander, term ending February 28, 2018, to the Balboa Park Station Community Advisory Committee. (Rules Committee) Motion No. M17-080 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell City and County of San Francisco Page 389 Printed at 4:29 pm on 7/6/17 ### [Page 19](https://sfbos.info/documents/440/2017-05-16-minutes#page-19) Board of Supervisors Meeting Minutes 5/16/2017 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Farrell, seconded by Supervisor Tang, 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 SMALL BUSINESS WEEK President Breed opened the special commendation period and Stephen Adams, Vice-President (Small Business Commission) provided opening remarks regarding the importance of small businesses. Supervisors introduced, welcomed, and presented Certificates of Honor to individuals in recognition of Small Business Week, their accomplishments, and their continued community support as referenced below: Supervisor Farrell recognized Hong Clifford Ping (Simply Cuts); Supervisor Tang recognized David and Huili Li (Kingdom of Dumplings); Supervisor Kim recognized Joel Martin (The Butler and the Chef Bistro); Supervisor Sheehy recognized Robert Roddick (Noe Valley Law); Supervisor Cohen recognized Leslie Goldberg (Hazel’s Kitchen); Supervisor Safai recognized Michael Tufo (Calbria Brothers); Supervisor Fewer recognized Sean Heaney (The Plough & Stars Inc.), presented by Supervisor Peskin on her behalf; Supervisor Peskin recognized Rick Karp (Cole’s Hardware); Supervisor Breed recognized Michael Krouse and staff (Madrone Art Bar); Supervisor Yee recognized Hossam Kaddoura (Java on Ocean); and Supervisor Ronen recognized Jean Harrell (Ruth’s Children Shoppe). City and County of San Francisco Page 390 Printed at 4:29 pm on 7/6/17 ### [Page 20](https://sfbos.info/documents/440/2017-05-16-minutes#page-20) Board of Supervisors Meeting Minutes 5/16/2017 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 170497 [Hearing - Committee of the Whole - Findings and Recommendations Regarding Law Enforcement Practices - Update - May 2, 2017] Sponsors: Cohen; Ronen Hearing of the Board of Supervisors sitting as a Committee of the Whole on May 2, 2017, to hear and receive updates on the final reports, findings, and recommendations of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement; the Department of Justice Initial Assessment Report of the San Francisco Police Department; the President’s Task Force on 21st Century Policing; and the Civil 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, approved on November 15, 2016. President Breed opened the public hearing and Supervisor Cohen provided opening remarks relating to the hearing on the findings and recommendations on law enforcement practices. Jackie Barshner; Male Speaker; Darryl Rodgers; David Carlos Salisbury; Dale; Father Richard Smith; Male Speaker; Andrea Carmena; Yesi Cuman; Nancy Cross; Female Speaker; Mike Lemmons; Dolores Piper; David Pilpel; Male Speaker; Reed Charger; Abdalla Megahed; Tom Gilberty; Felicia Jones; Charles Pitts; shared various concerns relating to the hearing matter. There were no other speakers. Chief William Scott (Police Department); George Gascon, District Attorney (Office of the District Attorney); presented an overview of the hearing matter and responded to questions raised throughout the discussion. President Breed closed public comment, declared the public hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report Appointment of President Pro Tempore At the request of President Breed, Supervisor Safai assumed the chair at 3:45 p.m. The President resumed the chair at 3:54 p.m. At the request of President Breed, Supervisor Safai assumed the chair at 3:56 p.m. The President resumed the chair at 4:01 p.m. At the request of President Breed, Supervisor Safai assumed the chair at 5:50 p.m. The President resumed the chair at 6:05 p.m. City and County of San Francisco Page 391 Printed at 4:29 pm on 7/6/17 ### [Page 21](https://sfbos.info/documents/440/2017-05-16-minutes#page-21) Board of Supervisors Meeting Minutes 5/16/2017 COMMITTEE REPORTS 170411 [Appropriation - Wastewater Enterprise General Reserve - Claims Settlements and Related Expenses as a Result of Winter Storms - $5,000,000 - FY2016-2017] Sponsor: Mayor Ordinance appropriating $5,000,000 from Wastewater Enterprise designated for general reserve in the Public Utilities Commission Wastewater Enterprise to pay the claims settlements, legal expenses and related costs due to the large volume of claims arising from the winter 2016-2017 storms in FY2016-2017. (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell 161351 [Planning Code - Inclusionary Affordable Housing Fee Requirements] Sponsors: Kim; Peskin Ordinance amending the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; adding reporting requirements for density bonus projects; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. This item was not sent as a Committee Report. 170208 [Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements] Sponsors: Safai; Breed and Tang Ordinance amending the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; to require minimum dwelling unit mix in all residential districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Economic Impact) This item was not sent as a Committee Report. ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 392 Printed at 4:29 pm on 7/6/17 ### [Page 22](https://sfbos.info/documents/440/2017-05-16-minutes#page-22) Board of Supervisors Meeting Minutes 5/16/2017 PUBLIC COMMENT Abdalla Megahed; shared concerns and experiences regarding excessive use of force by police officers. Nancy Cross; shared concerns regarding homeless shelters. Female Speaker; spoke in support of an applicant for the Board’s appointment to the Police Commission. Tammy Bryant; spoke in support of an applicant for the Board’s appointment to the Police Commission. Paul Milstead; spoke in opposition to an applicant for the Board’s appointment to the Police Commission. Roland Dill; requested the Board’s consideration to landmark a redwood tree. Female Speaker; requested the Board’s consideration to landmark a redwood tree. Nina Moore; requested the Board’s consideration to landmark a redwood tree. Marshall Smith; requested the Board’s consideration to landmark a redwood tree. Anne Tudor; requested the Board’s consideration to landmark a redwood tree. Nancy Warthul; requested the Board’s consideration to landmark a redwood tree. Tom Gilberty; shared concerns regarding the overhead projector in the Chamber and the percentage of affordable housing units. During general public comment, privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Sheehy was noted absent at 7:28 p.m. and for the remainder of the meeting. 170566 [Supporting California State Senate Bill 687 (Skinner) - Emergency Service Levels at Health Facilities] Sponsor: Cohen Resolution supporting California State Senate Bill 687, authored by Senator Nancy Skinner, which would require any non-profit that operates or controls a health facility to provide notice to, and obtain the consent of, the Attorney General prior to a reduction or elimination of the level of emergency services. Resolution No. 199-17 ADOPTED 170567 [Supporting the Campaign for Sustainable Rx (Drug) Pricing] Sponsor: Farrell Resolution supporting the National Coalition on Health Care’s educational efforts regarding sustainable prescription drug pricing, through their Campaign for Sustainable Rx (Drug) Pricing. Resolution No. 200-17 ADOPTED City and County of San Francisco Page 393 Printed at 4:29 pm on 7/6/17 ### [Page 23](https://sfbos.info/documents/440/2017-05-16-minutes#page-23) Board of Supervisors Meeting Minutes 5/16/2017 170506 [Final Map 9095 - 255-259 Clara Street] Motion approving Final Map 9095, an eight unit residential condominium project, located at 255-259 Clara Street, being a subdivision of Assessor’s Parcel Block No. 3753, Lot No. 042, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M17-081 APPROVED 170575 [Calling from Committee - Committee of the Whole and Closed Session - Settlement of Lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017] Sponsor: Breed Motion calling from the Government Audit and Oversight Committee the proposed Resolution (File No. 170507) endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco, entitled Airbnb, Inc., et al. v. City and County of San Francisco, and authorizing a tolling agreement in that lawsuit; scheduling the Board of Supervisors to sit as a Committee of the Whole at the meeting on May 23, 2017, at 4:00 p.m. to hold a public hearing to consider the proposed Resolution; and scheduling a closed session of the Board of Supervisors at the same meeting for the purpose of conferring with, or receiving advice from, the City Attorney regarding that existing litigation in which the City is a defendant, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1). Motion No. M17-082 APPROVED The foregoing items were acted upon by the following vote: Ayes: 9 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee Excused: 1 - Farrell Absent: 1 - Sheehy City and County of San Francisco Page 394 Printed at 4:29 pm on 7/6/17 ### [Page 24](https://sfbos.info/documents/440/2017-05-16-minutes#page-24) Board of Supervisors Meeting Minutes 5/16/2017 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 if action is deferred to a later meeting." Supervisor Peskin, seconded by Supervisor Safai, moved ADOPTION of the serious injury finding. The motion carried by the following vote: Ayes: 9 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee Excused: 1 - Farrell Absent: 1 - Sheehy [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 Peskin, seconded by Supervisor Safai, moved ADOPTION of the Brown Act finding. The motion carried by the following vote: Ayes: 9 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee Excused: 1 - Farrell Absent: 1 - Sheehy 170596 [Urging the California State Legislature to Support Assembly Bill 915] Sponsors: Safai; Breed, Kim and Peskin Resolution urging the California State Legislature to support and pass Assembly Bill 915, introduced by Assemblymember Phil Ting, which would add Section 65915.4 to the California Government Code, and provide that if a city, county, or city and county has adopted an inclusionary housing ordinance then the city, county, or city and county shall apply that ordinance to the total number of housing units, including additional units granted under a density bonus. President Breed inquired as to whether any member of the public wished to address the Board relating to urging the California State Legislature to support Assembly Bill 915 as referenced in File No. 170596. There were no speakers. The President declared public comment closed. Resolution No. 201-17 ADOPTED by the following vote: Ayes: 9 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee Excused: 1 - Farrell Absent: 1 - Sheehy City and County of San Francisco Page 395 Printed at 4:29 pm on 7/6/17 ### [Page 25](https://sfbos.info/documents/440/2017-05-16-minutes#page-25) Board of Supervisors Meeting Minutes 5/16/2017 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 170597 [Memorandum of Understanding - Committee of Interns and Residents, Service Employees International Union] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Committee of Interns and Residents, Service Employees International Union, to be effective July 1, 2017, through June 30, 2021. (Human Resources Department) 05/16/17; ASSIGNED to Government Audit and Oversight Committee. 170598 [Appropriation and De-Appropriation - District 10 Participatory Budgeting Projects - Expenditures of $244,000 - FY2016-2017] Sponsor: Cohen Ordinance de-appropriating $244,000 from District 10 Board Projects in the General City Responsibility and appropriating $244,000 to various departments in order to support the District 10 Participatory Budgeting projects in FY2016-2017. 05/16/17; ASSIGNED to Budget and Finance Sub-Committee. 170349 [Administrative Code - Owner Move-In Reporting Requirements] Sponsors: Farrell; Sheehy, Cohen and Breed Ordinance amending the Administrative Code to require a landlord seeking to recover possession of a rental unit based on an owner move-in (“OMI”) or relative move-in (“RMI”) to provide a declaration under penalty of perjury stating that the landlord intends to occupy the unit for use as the principal place of residence of the landlord or the landlord’s relative for at least 36 continuous months; require a landlord seeking to recover possession of a rental unit based on an OMI or RMI to provide the tenant with a form prepared by the Rent Board to be used to advise the Rent Board of any change in address; require a landlord to file annual documentation with the Rent Board for three years after an OMI or RMI showing whether the landlord or relative is occupying the unit as his or her principal place of residence; require the Rent Board to annually notify the unit occupant of the maximum rent for the unit for three years after an OMI or RMI; and extend the statute of limitations for wrongful eviction claims based on an unlawful OMI or RMI from one year to three years. 04/04/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/4/2017. 04/11/17; REFERRED TO DEPARTMENT. 05/16/17; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 396 Printed at 4:29 pm on 7/6/17 ### [Page 26](https://sfbos.info/documents/440/2017-05-16-minutes#page-26) Board of Supervisors Meeting Minutes 5/16/2017 170599 [Public Works, Police Codes - Prohibiting Autonomous Delivery Devices on Sidewalks and Right-of-Ways] Sponsor: Yee Ordinance amending the Public Works Code to prohibit the operation of autonomous delivery devices on sidewalks and right-of-ways within the jurisdiction of Public Works, amending the Police Code to provide for administrative, civil, or criminal penalties for unlawful operation of autonomous delivery devices; and affirming the Planning Department’s determination under the California Environmental Quality Act. 05/16/17; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 6/15/2017. 170600 [Appropriation and De-Appropriation - District 7 Participatory Budgeting Projects - Expenditures of $300,000 - FY2016-2017] Sponsor: Yee Ordinance de-appropriating $300,000 from District 7 Board Projects in the General City Responsibility and appropriating $300,000 to various departments in order to support the District 7 Participatory Budgeting projects in FY2016-2017. (Fiscal Impact; No Budget and Legislative Analyst Report) 05/16/17; ASSIGNED to Budget and Finance Sub-Committee. Resolutions 170601 [Tourism Improvement District - Annual Reports to the City - FYs 2009-2016] Sponsor: Mayor Resolution receiving and approving annual reports for the Tourism Improvement District for FYs 2009-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. 05/16/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 170602 [Real Property Conveyance - Land Dedication by Bryant Street Holdings LLC - 2070 Bryant Street - Inclusionary Affordable Housing] Sponsors: Mayor; Ronen Resolution approving and authorizing an agreement for the conveyance of a parcel of real estate located at 2070 Bryant Street, consisting of approximately 19,000 square feet of land within Assessor’s Parcel Block No. 4022 in San Francisco County, to the Mayor’s Office of Housing and Community Development, pursuant to the land dedication process permitted under Planning Code, Section 419; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the General Plan, and eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution, as defined herein. 05/16/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 397 Printed at 4:29 pm on 7/6/17 ### [Page 27](https://sfbos.info/documents/440/2017-05-16-minutes#page-27) Board of Supervisors Meeting Minutes 5/16/2017 170603 [Accept and Expend Grant - California Governor’s Office of Emergency Services - County Victim Services Program - $771,298] Sponsor: Mayor Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $771,298 from the California Governor’s Office of Emergency Services for the County Victim Services Program for a grant period from July 1, 2016, through June 30, 2018. (District Attorney) 05/16/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 170604 [Moscone Expansion District - Annual Report to the City - FYs 2014-2015 and 2015-2016] Sponsor: Mayor Resolution receiving and approving annual reports for the Moscone Expansion District for FYs 2014-2015 and 2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. 05/16/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 170605 [Multifamily Housing Revenue Bonds - 171 Loehr Street and 1250 Sunnydale Avenue (also known as Britton Court) - Not to Exceed $76,000,000] Sponsor: Cohen Resolution approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds or notes by the City in an aggregate principal amount not to exceed $76,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 92-unit multifamily rental housing project for low or very low income persons or households, located at 171 Loehr Street and 1250 Sunnydale Avenue; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein. 05/16/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 170606 [Accept and Expend Grant - Rim Fire Alternate Project - $377,115] Sponsor: Farrell Resolution authorizing the San Francisco Public Utilities Commission to accept and expend a Federal Emergency Management Agency grant administered through the California Governor's Office of Emergency Services in the amount of $377,115 for a Rim Fire Alternate Project. 05/16/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 398 Printed at 4:29 pm on 7/6/17 ### [Page 28](https://sfbos.info/documents/440/2017-05-16-minutes#page-28) Board of Supervisors Meeting Minutes 5/16/2017 170607 [Approval of a 120-Day Extension for Planning Commission Review of Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use District (File No. 161109)] Sponsor: Farrell Resolution extending by 120 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 161109) amending the Planning Code by adding Section 249.20; and amending Sheet 4 SU03 of the Zoning Map, to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor's Parcel Block No. 1071, Lot Nos. 001 and 004, to the north and west, respectively; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. 05/16/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 170608 [Stephen T. Mather Day - July 4, 2017] Sponsor: Farrell Resolution recognizing the accomplishments of Stephen T. Mather, the first director of the National Park Service and the namesake of San Francisco's family recreation camp, on his 150th birthday, and declaring July 4, 2017, as Stephen T. Mather Day in the City and County of San Francisco. 05/16/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 170609 [Multifamily Housing Revenue Bonds - 54 McAllister Street (also known as Dorothy Day Community) - Not to Exceed $111,000,000] Sponsor: Kim Resolution approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds or notes by the City in an aggregate principal amount not to exceed $111,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 100-unit multifamily rental housing project for low or very low income persons or households, located at 54 McAllister Street; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein. 05/16/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 170610 [Top of Broadway Community Benefit District - Annual Report for FY2015-2016] Sponsor: Peskin Resolution receiving and approving an annual report for the Top of Broadway Community Benefit District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. 05/16/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 399 Printed at 4:29 pm on 7/6/17 ### [Page 29](https://sfbos.info/documents/440/2017-05-16-minutes#page-29) Board of Supervisors Meeting Minutes 5/16/2017 170611 [Expressing Support for the San Francisco-Oakland Bid to Host the 2020 International AIDS Conference] Sponsor: Sheehy Resolution expressing the support of the San Francisco Board of Supervisors for the San Francisco-Oakland Bid to host the 2020 International AIDS Conference. 05/16/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 170612 [Issuance of Bonds - California Statewide Communities Development Authority - California School of Mechanical Arts (Lick Wilmerding High School) - Not to Exceed $53,000,000] Sponsor: Yee Resolution approving, in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of tax-exempt obligations by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $53,000,000 for the financing and refinancing of various capital facilities owned by The California School of Mechanical Arts (Lick-Wilmerding High School). 05/16/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Motion 170613 [Mayoral Appointment, Recreation and Park Commission - Larry Mazzola Jr.] Motion approving/rejecting the Mayor’s appointment of Larry Mazzola Jr. to the Recreation and Park Commission, for a term ending June 27, 2018. (Clerk of the Board) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the reappointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: May 16, 2017.) 05/16/17; RECEIVED AND ASSIGNED to Rules Committee. Requests for Hearing 170614 [Hearing - Committee of the Whole - Settlement of Lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017] Hearing of the Board of Supervisors sitting as a Committee of the Whole on May 23, 2017, at 4:00 p.m., to hold a public hearing to consider a proposed Resolution (File No. 170507) endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a tolling agreement in that lawsuit; scheduled pursuant to Motion No. M17-082, approved by the Board on May 16, 2017. (Clerk of the Board) 05/16/17; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. City and County of San Francisco Page 400 Printed at 4:29 pm on 7/6/17 ### [Page 30](https://sfbos.info/documents/440/2017-05-16-minutes#page-30) Board of Supervisors Meeting Minutes 5/16/2017 170615 [Closed Session - Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017] Closed Session for the Board of Supervisors to convene on May 23, 2017, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d) (2), for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation relating to the Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement in that lawsuit (File No. 170507). (Clerk of the Board) 05/16/17; RECEIVED AND ASSIGNED to Board of Supervisors. 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 ORDINANCES 170551 [Business and Tax Regulations Code - Emergency Medical Services Fees] Ordinance amending the Business and Tax Regulations Code to require that payment of emergency medical services fees be made to the Department of Public Health rather than the Department of Emergency Management. (Public Health Department) 05/08/17; RECEIVED FROM DEPARTMENT. 05/16/17; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Sub-Committee, expires on 6/15/2017. 170552 [Amending Ordinance No. 1061 - Sidewalk Width Change - Masonic Avenue at Fulton and Turk Streets] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to change the official sidewalk width of certain locations along Masonic Avenue at the southwest corner of the intersection of Masonic Avenue and Fulton Street, and the northeast corner of the intersection of Masonic Avenue and Turk Street; 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. (Public Works) 05/03/17; RECEIVED FROM DEPARTMENT. 05/16/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 6/15/2017. City and County of San Francisco Page 401 Printed at 4:29 pm on 7/6/17 ### [Page 31](https://sfbos.info/documents/440/2017-05-16-minutes#page-31) Board of Supervisors Meeting Minutes 5/16/2017 PROPOSED RESOLUTIONS 170509 [Contract Agreement Amendment - NextBus, Inc. - Automatic Vehicle Location System - Not to Exceed $12,968,676] Resolution approving the Third Amendment to San Francisco Municipal Transportation Agency ("SFMTA") Contract No. SFMTA 2013-30, with NextBus, Inc., for software and equipment maintenance services for the SFMTA’s Automatic Vehicle Location System, to extend the Agreement for one year for a total term of August 1, 2013, through July 31, 2018, with one one-year option to extend, and increasing the contract amount by $3,780,474, for a total not to exceed $12,968,676. (Municipal Transportation Agency) (Fiscal Impact) 05/08/17; RECEIVED FROM DEPARTMENT. 05/16/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 170510 [Agreement - Intercare Holdings Insurance Services, Inc. - Workers’ Compensation Third Party Administrator - Not to Exceed $26,179,119] Resolution authorizing the San Francisco Municipal Transportation Agency and the Department of Human Resources to execute an agreement with Intercare Holdings Insurance Services, Inc., for Workers’ Compensation Third Party Administrator services for an amount not to exceed $26,179,119 and for a term of three years, from August 1, 2017, through July 31, 2020, with an option to extend the term for up to an additional two years. (Municipal Transportation Agency) (Fiscal Impact) 05/08/17; RECEIVED FROM DEPARTMENT. 05/16/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. In Memoriams Henry Chung - Supervisor Peskin Al Nalbandian - Supervisor Peskin Mary L. Booker - Supervisors Cohen and Breed ADJOURNMENT There being no further business, the Board adjourned at the hour 7:33 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 June 27, 2017. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 402 Printed at 4:29 pm on 7/6/17