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BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO
AGENDA
Legislative Chamber, Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Tuesday, May 23, 2017 - 2:00 PM
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
Agendas of the Board of Supervisors are available on the internet at www.sfbos.org
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 10:30 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.
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Agenda Item Information
Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget and Legislative Analyst report
3) Department or Agency cover letter and/or report
4) Public correspondence
These items will be available for review at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, Reception Desk.
Meeting Procedures
The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board has several
standing committees where ordinances and resolutions are the subject of hearings at which members of the public
are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in
committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements
by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar
sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and 4) standing in the
meeting room.
Each member of the public will be allotted the same maximum number of minutes to speak as set by the President
or Chair at the beginning of each item or public comment, excluding City representatives, except that public
speakers using interpretation assistance will be allowed to testify for twice the amount of the public testimony time
limit. If simultaneous interpretation services are used, speakers will be governed by the public testimony time
limit applied to speakers not requesting interpretation assistance. Members of the public who want a document
placed on the overhead for display should clearly state such and subsequently remove the document when they
want the screen to return to live coverage of the meeting.
IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons unable to
attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the
agenda items. These comments will be made a part of the official public record and shall be brought to the
attention of the Board of Supervisors. Written communications expected to be made a part of the official file
should be submitted to the Clerk of the Board or Clerk of a Committee: 1 Dr. Carlton B. Goodlett Place, Room
244, San Francisco, CA 94102. Communications which are not received prior to the hearing may be delivered to
the Clerk of the Board or Clerk of the Committee at the hearing and you are encouraged to bring enough copies for
distribution to all of its members.
LAPTOP COMPUTER FOR PRESENTATIONS: Contact City Hall Media Services at (415) 554-7490 to
coordinate the use of the laptop computer for presentations. Presenters should arrive 30 minutes prior to the
meeting to test their presentations on the computer.
AGENDA PACKET: Available for review in the Office of the Clerk of the Board, City Hall, 1 Dr.Carlton B
Goodlett Place, Room 244, or on the internet at http://www.sfbos.org/meetings. Meetings are cablecast on
SFGovTV, the Government Channel 26. For DVD copies and scheduling call (415) 554-4188.
LANGUAGE INTERPRETERS: Language services are available in Spanish and Chinese at all regular and
special Board meetings, excluding Committee meetings. Currently, Filipino is available upon request if made at
least 48 hours in advance of the meeting to help ensure availability. Additionally, requests for Board Committee
meetings must be received at least 48 hours in advance of the meeting to help ensure availability. For more
information or to request services: Contact Peggy Nevin at (415) 554-5184.
所有常規及特別市參事委員會會議(Board meetings)除委員會會議(Committee meetings)之外,將予以
提供西班牙文及中文的語言服務。 目前,菲律賓文將根據所收到的請求予以提供,但須在會議前最
少48小時作出請求,旨在確保服務屆時可予以提供。 另外,向市參事委員會會議請求有關服務亦須預先
在會議前最少48小時作出,也將有助於確保服務屆時可予以提供。 更多資訊或請求有關服務, 請致電
(415) 554-7719聯絡Linda Wong。
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AVISO EN ESPAÑOL: Los servicios de idiomas están disponibles en español y en chino en todas las reuniones
regulares y reuniones especiales de la Junta, excluyendo las reuniones de los Comités. Actualmente, el idioma
Filipino está disponible de ser requerido si se solicita por lo menos 48 horas antes de la reunión para ayudar a
garantizar su disponibilidad. Adicionalmente, las solicitudes para las Reuniones de los Comités de la Junta deben
ser recibidas por lo menos 48 horas antes de la reunión con el fin de ayudar a garantizar su disponibilidad. Para
más información o solicitar servicios, por favor contactar a Derek Evans (415) 554-7702.
PAUNAWA: Mayroong serbisyong pang-wika sa Espanyol at Intsik para sa lahat ng mga regular at espesyal na
pulong ng Board, pero wala para sa pulong ng mga Komite ng Board. Sa kasalukuyan, mayroong serbisyo sa
wikang Filipino na maaaring i-request sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak na
matutugunan and inyong kahilingan. Dagdag pa, ang mga request para sa pulong ng Komite ng Board ay
kailangang matanggap sa minimum na di bababa sa 48 oras bago ang pulong upang matiyak ang pagkakaroon
nito. Para sa karagdagang impormasyon o para mag-request ng serbisyo pang-wika, tawagan lamang ang (415)
554-5184.
Disability Access
The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair
accessible. Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the Government
Channel 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the
Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the
Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers,
large print agendas or other accommodations, please contact (415) 554-5184 or (415) 554-5227 (TTY). Requests
made at least 48 hours in advance of the meeting will help to ensure availability.
The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines
are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also serving the area are
the 5, 5R, 6, 7, 7R, 7X, 9, 9R, 19, 21, 47, and 49. For more information about MUNI accessible services, call
(415) 701-4485.
There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the
War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove
Street.
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple
chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be
sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate
these individuals.
Know Your Rights Under The Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards,
councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures
that deliberations are conducted before the people and that City operations are open to the people's review.
For information on your rights under the Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) or
to report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett
Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-5163; or by email at
sotf@sfgov.org
Citizens may obtain a free copy of the Sunshine Ordinance by printing the San Francisco Administrative Code,
Chapter 67, on the Internet at http://www.sfbos.org/sunshine
Lobbyist Registration and Reporting Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be
required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code, Section 2.100]
to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the
San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415)
252-3100; fax (415) 252-3112; web site http://www.sfgov.org/ethics
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
ROLL CALL AND PLEDGE OF ALLEGIANCE
COMMUNICATIONS
APPROVAL OF MEETING MINUTES
Approval of the April 11, 2017, Board Meeting Minutes, and the April 13, 2017, Special
Meeting Minutes at the Budget and Finance Committee Meeting, and April 13, 2017,
Special Meeting Minutes at the Budget and Finance Federal Select Committee Meeting,
which constituted quorums of the Board of Supervisors.
AGENDA CHANGES
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
REGULAR AGENDA
UNFINISHED BUSINESS
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Cohen, Yee, Tang
1. 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)
05/02/2017; AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE.
05/02/2017; CONTINUED AS AMENDED.
05/09/2017; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
05/09/2017; PASSED ON FIRST READING AS AMENDED.
05/16/2017; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
05/16/2017; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
2. 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)
05/09/2017; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
05/09/2017; PASSED ON FIRST READING AS AMENDED.
05/16/2017; CONTINUED ON FINAL PASSAGE.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
3. 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; and placing $3,000,000 on Budget
and Finance Committee Reserve.
(Fiscal Impact)
05/16/2017; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Referred Without Recommendation from the Land Use and Transportation
Committee
Present: Supervisors Peskin, Tang, Safai
4. 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.
05/16/2017; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
05/16/2017; CONTINUED AS AMENDED ON FIRST READING.
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
NEW BUSINESS
Recommendation of the Budget and Finance Committee
Present: Supervisors Cohen, Yee, Tang, Kim, Sheehy
5. 170581 [Appropriation and De-Appropriation - Fund Balance and Expenditures of
$18,982,258 - Supporting Increased Overtime Expenditures - FY2016-2017]
Sponsor: Mayor
Ordinance appropriating $300,000 Water Enterprise Fund Balance, de-appropriating
$18,682,258 from permanent salaries, fringe benefit expenses, and non-personnel
services, and appropriating $18,982,258 to overtime in the Sheriff’s Department,
Department of Emergency Management, Fire Department, Department of Public Health,
and the Public Utilities Commission operating budgets in order to support the
Departments projected increases in overtime as required per Ordinance No. 194-11 in
FY2016-2017; this Ordinance requires a two-thirds vote of all members of the Board of
Supervisors for approval of the Department of Public Health overtime appropriations,
pursuant to Charter, Section 9.113(c).
(Fiscal Impact)
Question: Shall this Ordinance be PASSED ON FIRST READING?
Recommendations of the Budget and Finance Sub-Committee
Present: Supervisors Cohen, Yee, Tang
6. 170321 [Agreement Amendment - Positive Resource Center - Behavioral Health
Services - Not to Exceed $10,744,447]
Resolution approving a third amendment to the Department of Public Health agreement
for behavioral health services with Positive Resource Center, to increase the contract by
$2,649,515 for a total amount not to exceed $10,744,447. (Public Health Department)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
7. 170323 [Prevailing Wage Rates - Security Guard Services]
Resolution fixing prevailing wage rates for individuals engaged in security guard
services at facilities or on property owned or leased by the City, and for events on City
property. (Civil Service Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
8. 170488 [Authorizing Expenditures - SoMa Community Stabilization Fund - $1,249,999]
Sponsor: Kim
Resolution authorizing the Mayor’s Office of Housing and Community Development to
expend SoMa Community Stabilization Fund dollars in the amount of $1,249,999 to
address various impacts of destabilization on residents and businesses in SoMa.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
9. 170489 [Authorizing Expenditures - SoMa Community Stabilization Fund -
$10,000,000]
Sponsor: Kim
Resolution authorizing the Mayor’s Office of Housing and Community Development to
expend SoMa Community Stabilization Fund dollars in the amount of $10,000,000 to
provide acquisition and rehabilitation loans for projects that are eligible under the
Mayor’s Office of Housing and Community Development’s Small Sites Program and are
located within the boundaries of SoMa.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
10. 170521 [Accept and Expend Grant - State Transportation Development Act, Article 3 -
Pedestrian and Bicycle Projects - $991,150]
Sponsor: Mayor
Resolution authorizing the acceptance and expenditure of State Transportation
Development Act, Article 3, Pedestrian and Bicycle Project grant funding for
FY2017-2018, in the amount of $991,150 which includes $495,575 for Public Works and
$495,575 for the Municipal Transportation Agency, for the term of July 1, 2017, through
June 30, 2020. (Public Works)
Question: Shall this Resolution be ADOPTED?
Recommendation of the Government Audit and Oversight Committee
Present: Supervisors Kim, Peskin, Breed
11. 170565 [Resolution of Intention - Japantown Community Benefit District]
Sponsor: Breed
Resolution declaring the intention of the Board of Supervisors to establish a
property-based business improvement district (community benefit district) known as the
“Japantown Community Benefit District” and levy a multi-year assessment on all parcels
in the district; approving the management district plan and engineer’s report and
proposed boundaries map for the district; ordering and setting a time and place for a
public hearing of the Board of Supervisors, sitting as a Committee of the Whole on July
25, 2017, at 3:00 p.m.; approving the form of the Notice of Public Hearing and
Assessment Ballot Proceeding, and Assessment Ballot; directing environmental
findings; and directing the Clerk of the Board of Supervisors to give notice of the public
hearing and balloting as required by law.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
Recommendation of the Land Use and Transportation Committee
Present: Supervisors Farrell, Peskin, Tang
12. 161310 [Amending Ordinance No. 1061 - Sidewalk Width Change - Intersection of
Mission Street and 22nd Street]
Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks”
to narrow, from 21 feet to 15 feet, the official sidewalk width along a portion of the
westerly side of Mission Street, between 23rd Street and 22nd Street, and a portion of
the easterly side of Mission Street, between 22nd Street and 21st Street, both beginning
at the intersection of Mission Street and 22nd Street; adopting the Planning
Department’s determination and making additional findings 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)
Question: Shall this Ordinance be PASSED ON FIRST READING?
SPECIAL ORDER 2:30 P.M. - Recognition of Commendations
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
SPECIAL ORDER 4:00 P.M.
(Pursuant to Board of Supervisors Rule 3.37)
Board of Supervisors Sitting as a Committee of the Whole
(Hearing scheduled pursuant to Motion No. M17-082 (File No. 170575) approved on
May 16, 2017.)
13. 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)
Question: Shall this Hearing be HEARD AND FILED?
Committee of the Whole Adjourn and Report
CLOSED SESSION
(Closed Session scheduled pursuant to Motion No. M17-082 (File No. 170575)
approved on May 16, 2017.)
CONFERENCE WITH CITY ATTORNEY - Existing Litigation
14. 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)
Closed Session: The Board of Supervisors shall confer with the City Attorney.
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
[Elect To Disclose]
Motion that the Board finds it is in the best interest of the public that the Board elect at this time to
disclose its closed session deliberations.
[Elect Not to Disclose]
Motion that the Board finds that it is in the best interest of the public that the Board elect at this time
not to disclose its closed session deliberations.
After a closed session, if one occurs, pending approval of above action to disclose, the President shall
(1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2)
direct the Clerk of the Board to report the vote taken on any motion in the closed session.
Called from the Government Audit and Oversight Committee
15. 170507 [Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and
HomeAway.com, Inc. - City to Receive $80,000 plus $10,000 Annually]
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;
the lawsuit was filed on June 27, 2016, in the United States District Court for the
Northern District of California, Case No. 16-cv-03615; entitled Airbnb, Inc., et al. v. City
and County of San Francisco; the lawsuit involves a challenge to Ordinance Nos.
104-16 and 178-16, which regulate hosting platforms that provide booking services for
short-term residential rentals; material terms of the settlement include a framework for
Airbnb and HomeAway to take reasonable care to verify that short-term rental listings
are lawfully registered before offering booking services, Airbnb and HomeAway’s
agreement to remove unregistered listings on their websites, Airbnb and HomeAway’s
payment of $40,000 each to the City plus $5,000 each annually to establish an
Application Program Interface, and the City’s agreement to toll statutes of limitation.
(City Attorney)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
SPECIAL ORDER 5:00 P.M.
Board of Supervisors Sitting as a Committee of the Whole
(Hearing scheduled pursuant to Motion No. M17-058 (File No. 170335) approved on
April 11, 2017.)
16. 170336 [Hearing - Committee of the Whole - Report of Assessment Costs - Building
Code Enforcement Violations - May 23, 2017]
Hearing to consider objections to a report of delinquent charges for code enforcement
cases with delinquent assessment of costs, and fees pursuant to the provisions of
Building Code, Sections 102A.3, 102A.4, 102A.6, 102A.12, 102A.16, 102A.17, 102A.18,
102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G,
submitted by the Director of the Department of Building Inspection for services rendered
by said Department of costs thereof having accrued pursuant to code violations
referenced above, scheduled pursuant to Motion No. M17-058, approved April 11, 2017.
(Clerk of the Board)
Question: Shall this Hearing be HEARD AND FILED?
Committee of the Whole Adjourn and Report
17. 170337 [Report of Assessment Costs - Building Code Enforcement Violations]
Resolution approving Report of Delinquent Charges for Assessment Costs submitted by
the Director of the Department of Building Inspection for delinquent charges for code
enforcement violations and associated fees pursuant to Building Code, Sections 102A.3,
102A.4, 102A.6, 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq.,
103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, the costs thereof having accrued
pursuant to code enforcement violations. (Building Inspection Department)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following items will be considered by the Budget and Finance Sub-Committee at a
Regular Meeting on Thursday, May 18, 2017, at 10:00 a.m. The Chair intends to request
the Committee to send the following items to the Board as Committee Reports on
Tuesday, May 23, 2017.
18. 170464 [Appropriation - Proceeds from Certificates of Participation for $321,765,000
to the General Service Agency - FY2016-17]
Sponsor: Mayor
Ordinance appropriating $321,765,000 of proceeds from Certificates of Participation to
fund the development costs of the 1500 Mission Street office building development and
related FF&E (furniture, fixture, or other equipment), technology, and moving costs in
FY2016-17, and placing total $321,765,000 of proceeds on Controller’s Reserve
pending sales of the Certificates of Participation.
Question: Shall this Ordinance be PASSED ON FIRST READING?
19. 170468 [Ordinance Authorizing Certificates of Participation - 1500 Mission Project -
Not to Exceed $321,765,000]
Sponsor: Mayor
Ordinance authorizing the execution and delivery of Certificates of Participation on a
tax-exempt or taxable basis evidencing and representing an aggregate principal amount
of not to exceed $321,765,000 to fund a portion of the development costs, including
construction and improvement, and related FF&E (furniture, fixture, or other equipment),
technology, and moving costs for the 1500 Mission Street office building; authorizing the
issuance of commercial paper notes in advance of the delivery of the Certificates;
approving the form of Trust Agreement between the City and County of San Francisco
and the Trustee (including certain indemnities contained therein); authorizing the
selection of the Trustee by the Director of Public Finance; approving respective forms of
a Property Lease and a Lease Agreement, each between the City and the Trustee for
the lease and lease back of certain property and facilities of the City; approving the
forms of Purchase Contract, Official Notice of Sale, and Notice of Intention to Sell
Certificates; directing the publication of the Notice of Intention to Sell Certificates;
approving the form of the Preliminary Official Statement and the form and execution of
the Official Statement relating to the sale of the Certificates; approving the form of the
Continuing Disclosure Certificate; granting general authority to City officials to take
necessary actions in connection with the authorization, execution, sale and delivery of
the Certificates; approving modifications to documents and agreements; declaring the
City’s intent to reimburse certain expenditures; and ratifying previous actions taken in
connection therewith, as defined herein.
(Fiscal Impact)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
20. 170471 [Conditional Purchase Agreement - City Office Project - 1500 Mission Street]
Sponsor: Mayor
Resolution ratifying the Conditional Purchase Agreement for the City’s Acquisition of an
Office Project at 1500 Mission Street and authorizing the Director of Property and City
staff to proceed with the Proposed Office Project; confirming the City’s authorization to
issue commercial paper and/or certificates of participation to pay for the land acquisition
and complete the Proposed Office Project; adopting environmental findings under the
California Environmental Quality Act; and making findings of consistency the General
Plan, and with the eight priority policies of Planning Code, Section 101.1.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
21. 170470 [Increase of Wastewater Enterprise Commercial Paper Program - Not to
Exceed $750,000,000]
Resolution authorizing an increase of the principal amount of the Wastewater
Enterprise's Commercial Paper Program by $250,000,000 from a principal amount not to
exceed $500,000,000 to a principal amount not to exceed $750,000,000 such
Commercial Paper to be issued from time to time by the San Francisco Public Utilities
Commission to finance on an interim basis various capital projects benefitting the
Wastewater Enterprise, pursuant to amendments to the Charter of the City and County
of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and
ratifying previous actions taken in connection therewith, as defined herein. (Public
Utilities Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
22. 170474 [Application to Acquire Real Property - 1064-1068 Mission Street - Department
of Health and Human Services Federal Property Assistance Program -
Constructing Supportive Housing]
Sponsors: Mayor; Kim
Resolution authorizing the Mayor’s Office of Housing and Community Development to
submit an application to the Department of Health and Human Services Federal
Property Assistance Program, in order to acquire the real property located at 1064-1068
Mission Street for use in constructing supportive housing for homeless San Franciscans.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
23. 170522 [Real Property Acquisition - 772 Pacific Avenue - Shew Yick Trust One, Robert
Yick Trust Two, and Robert Yick Non-Exempt Assets Trust - Affordable
Housing Project - Below Fair Market Value Purchase of $5,000,000]
Sponsors: Mayor; Peskin
Resolution authorizing the Real Estate Division, on behalf of the Mayor’s Office of
Housing and Community Development, to acquire Real Property located at 772 Pacific
Avenue from Shew Yick Trust One (Trustees Robert Yick and Andy Ting), Robert Yick
Trust Two (Trustee Joseph Yick), and Robert Yick Non-Exempt Assets Trust (Trustee
Mark Shustoff), for the purchase at below fair market value of $5,000,000 for use in
constructing affordable housing for San Franciscans.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
The following items will be considered by the Land Use and Transportation Committee
at a Regular Meeting on Monday, May 22, 2017, at 1:30 p.m. The Chair intends to
request the Committee to send the following items to the Board as Committee Reports
on Tuesday, May 23, 2017.
24. 161351 [Planning Code - Inclusionary Affordable Housing Fee and 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.
Question: Shall this Ordinance be PASSED ON FIRST READING?
25. 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)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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26. 170240 [Police, Building Codes - Lactation in the Workplace]
Sponsors: Tang; Cohen, Ronen, Kim, Breed, Fewer and Yee
Ordinance amending the Police Code to require employers to provide employees breaks
and a location for lactation and to have a policy regarding lactation in the workplace that
specifies a process by which an employee will make a request for accommodation,
defines minimum standards for lactation accommodation spaces, requires that newly
constructed or renovated buildings designated for certain uses include lactation rooms,
and outlines lactation accommodation best practices; amending the Building Code to
specify the technical specifications of lactation rooms for new or renovated buildings
designated for certain use; making findings, including environmental findings and
findings regarding the California Health and Safety Code; and directing the Clerk of the
Board of Supervisors to forward this Ordinance to the California Building Standards
Commission upon final passage.
Question: Shall this Ordinance be PASSED ON FIRST READING?
27. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters
of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body
activities.
28. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the
public that are within the subject matter jurisdiction of the Board, including items being considered
today which have not been considered by a Board committee and excluding items which have been
considered by a Board committee. Members of the public may address the Board for up to three
minutes. Each member of the public will be allotted the same number of minutes to speak, except that
public speakers using translation assistance will be allowed to testify for twice the amount of the public
testimony time limit. If simultaneous translation services are used, speakers will be governed by the
public testimony time limit applied to speakers not requesting translation assistance. The President or
the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state
such and subsequently remove the document when they want the screen to return to live coverage of
the meeting.
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FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures were introduced for adoption without committee reference. A unanimous vote is
required for adoption of these resolutions today. Any Supervisor may require any resolution to go
to committee.
Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or
approved, as indicated.
Items 29 through 35
29. 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.
05/16/2017; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
30. 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.
05/16/2017; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
31. 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.
05/16/2017; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
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32. 170591 [Final Map 8254 - 923 Folsom Street]
Motion approving Final Map 8254, a 115 Residential Unit and one Commercial Unit,
Mixed-Use Condominium project, located at 923 Folsom Street, being a merger and
subdivision of Assessor’s Parcel Block No. 3753, Lot Nos. 106, 141, and 142; and
adopting findings pursuant to the General Plan, and the eight priority policies of Planning
Code, Section 101.1. (Public Works)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/17/2017; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
33. 170592 [Final Map 8953 - 832 Sutter Street]
Motion approving Final Map 8953, a 20 residential unit and one commercial unit,
mixed-use condominium project, located at 832 Sutter Street, being a subdivision of
Assessor’s Parcel Block No. 0281, Lot No. 003; and adopting findings pursuant to the
General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public
Works)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/17/2017; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
34. 170593 [Final Map 8454 - 580-590 De Haro Street and 1900-1910-18th Street]
Motion approving Final Map 8454, a seven lot subdivision, Lots 1, 2, 3, 4 and 5, each
being a two-unit residential condominium project, located at 580-590 De Haro Street and
1900-1910-18th Street, being a subdivision of Assessor’s Parcel Block No. 4008, Lot
No. 003; and adopting findings pursuant to the General Plan, and the eight priority
policies of Planning Code, Section 101.1. (Public Works)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/17/2017; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
35. 170594 [Final Map 8995 - 1490 Ocean Avenue]
Motion approving Final Map 8995, a 15 residential unit and three commercial unit,
mixed-use condominium project, located at 1490 Ocean Avenue, being a subdivision of
Assessor’s Parcel Block No. 3197, Lot No. 010; and adopting findings pursuant to the
General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public
Works)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/17/2017; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
36. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the
Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown
Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous
vote is required for the resolution(s).
[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 action is deferred to a later
meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
[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.
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.
Legislation Introduced will appear on the Final Minutes for this meeting. Once the
Legislation Introduced is approved, it will be available on
http://www.sfbos.org/legislation_introduced.
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
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
170582 [Settlement of Lawsuit - Peter Cuddihy and Joan Cuddihy - $43,000]
Ordinance authorizing settlement of the lawsuit filed by Peter Cuddihy and Joan Cuddihy
against the City and County of San Francisco for $43,000; the lawsuit was filed on July
1, 2016, in San Francisco Superior Court, Case No. CGC-16-552818; entitled Peter
Cuddihy and Joan Cuddihy v. City and County of San Francisco; the lawsuit involves
widespread flooding to the area surrounding the intersection of 15th Avenue and
Wawona Street due to heavy rains on December 3, 2014. (City Attorney)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
170583 [Settlement of Lawsuit - Raymond Choy - $30,000]
Ordinance authorizing settlement of the lawsuit filed by Raymond Choy against the City
and County of San Francisco for $30,000; the lawsuit was filed on May 28, 2015, in San
Francisco Superior Court, Case No. CGC-15-546044; entitled Raymond Choy v. City
and County of San Francisco, et al.; the lawsuit involves an alleged civil rights violation.
(City Attorney)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
170584 [Settlement of Lawsuit - Jason Douglas and Carol Grindley - $60,000]
Ordinance authorizing settlement of the lawsuit filed by Jason Douglas and Carol
Grindley against the City and County of San Francisco for $60,000; the lawsuit was filed
on April 27, 2016, in San Francisco Superior Court, Case No. CGC-16-551699; entitled
Jason Douglas, Carol Grindley v. City and County of San Francisco, et al.; the lawsuit
involves alleged personal injury from a motorcycle collision with a Police Department
patrol car. (City Attorney)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
170585 [Settlement of Lawsuit - Devaughn Frierson - $29,500]
Ordinance authorizing settlement of the lawsuit filed by Devaughn Frierson against the
City and County of San Francisco for $29,500; the lawsuit was filed on June 9, 2015, in
the United States District Court, Case No. 15-cv-02573; entitled Devaughn Frierson v.
City and County of San Francisco, et al.; the lawsuit involves alleged civil rights
violations; other material terms of the settlement are the dismissal of all defendants.
(City Attorney)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
PROPOSED RESOLUTIONS
170586 [Novation Agreement - MWH Americas, Inc. to Stantec Consulting Services,
Inc. - Planning and Engineering Services Contract - Central Bayside System
Improvement Project]
Resolution approving the novation of the San Francisco Public Utilities Commission
(SFPUC) Agreement No. CS-169, for planning and engineering services for the Central
Bayside System Improvement Project, from MWH Americas, Inc. to Stantec Consulting
Services, Inc., and authorizing the SFPUC General Manager to negotiate and execute a
Novation Agreement, pursuant to Charter, Section 9.118. (Public Utilities Commission)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
170587 [Amendment to Memorandum of Understanding - San Francisco Local Agency
Formation Commission - Not to Exceed $2,100,000]
Resolution authorizing the General Manager of the San Francisco Public Utilities
Commission to execute the third amendment to the Memorandum of Understanding with
the San Francisco Local Agency Formation Commission, extending its duration by two
years, for a total agreement duration of 11 years from FY2008-2009 through
FY2018-2019, with no change to the total amount not to exceed $2,100,000, pursuant to
Charter, Section 9.118. (Public Utilities Commission)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
170588 [Settlement of Unlitigated Claim - Jessica Kennedy - $375,000]
Resolution approving the settlement of the unlitigated claim filed by Jessica Kennedy
against the City and County of San Francisco for $375,000; the claim was filed on June
16, 2016; the claim involves an employment dispute. (City Administrator)
05/12/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
170589 [Contract Approval - Children’s Council of San Francisco - Early Care and
Education Integrated Services - $204,233,857]
Resolution approving the contract between the City and County of San Francisco and
Children’s Council of San Francisco for the provision of Early Care and Education
Integrated Services to support the City’s implementation of the San Francisco Citywide
Plan for Early Care and Education for the period of July 1, 2017, through June 30, 2020,
in the amount of $204,233,857. (Human Services Agency)
05/09/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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170590 [Contract Approval - Wu Yee Children’s Services - Early Care and Education
Integrated Services Contract - $31,322,180]
Resolution approving the contract between the City and County of San Francisco and
Wu Yee Children’s Services for the provision of Early Care and Education Integrated
Services to support the City’s implementation of the San Francisco Citywide Plan for
Early Care and Education for the period of July 1, 2017, through June 30, 2020, in the
amount of $31,322,180. (Human Services Agency)
05/09/2017; RECEIVED FROM DEPARTMENT.
05/23/2017; RECEIVED AND ASSIGNED to the Budget and Finance Sub-Committee.
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Board of Supervisors Meeting Agenda Tuesday, May 23, 2017
170616 [Petitions and Communications]
Petitions and Communications received from May 8, 2017, through May 15, 2017, for
reference by the President to Committee considering related matters, or to be ordered
filed by the Clerk on May 23, 2017.
Personal information that is provided in communications to the Board of Supervisors is
subject to disclosure under the California Public Records Act and the San Francisco
Sunshine Ordinance. Personal information will not be redacted.
From the Clerk of the Board, reporting that the following individual submitted a Form 700
Statement: (1)
Justin Jones - Legislative Aide - Assuming
From the Public Utilities Commission, submitting a Declaration of Emergency for the
Treasure Island and Yerba Buena Island’s Generators. Copy: Each Supervisor. (2)
From the Planning Department, submitting the Housing Balance report No. 5 covering
years January 1, 2007 - December 31, 2016. Copy: Each Supervisor. (3)
From the Office of the Treasurer and Tax Collector, pursuant to California State
Government Code, Section 53646, submitting a Pooled Investment Report for the month
of April 2017. Copy: Each Supervisor. (4)
From the Office of the Controller, submitting the Office of Economic Analyst Impact
Report for File Nos. 161351 and 170208. Copy: Each Supervisor. (5)
From the SRO Hotel Coalition, submitting a Notice of Intent to Commence CEQA Action.
File No. 161291. Copy: Each Supervisor. (6)
From the Capital Planning Committee, pursuant to the Administrative Code, Section
3.21, regarding Approval of the General Fund Department Capital Budget for Fiscal
Years 2017-18 & FY 2018-19 in the amount not to exceed $531,000,000. Copy: Each
Supervisor. (7)
From the Sheriff’s Department, pursuant to Administrative Code, Section 96A,
submitting First Quarter Report summarizing arrests and uses of force across all three
divisions of 2017 for the period of January 1, 2017, through March 31, 2017. Copy:
Each Supervisor. (8)
From the Planning Department, submitting the 1629 Market Street Mixed-Use Project
Draft Environmental Impact Report. Copy: Each Supervisor. (9)
From Theodore Randolph, regarding HOME SF. Copy: Each Supervisor. (10)
From Ryan Duncan, regarding an Impeachment Resolution. Copy: Each Supervisor.
(11)
From Verna Miza, regarding the nomination of Marjan Philhour to the Commission on
the Status of Women. File No. 170532. Copy: Each Supervisor. (12)
From Linda Stark, regarding Inclusionary Housing. File Nos. 161351 and 170208. Copy:
Each Supervisor. (13)
From The San Francisco Chronicle, pursuant to Section 9206 of the Elections Code,
submitting a Notice of Intent to Circulate Petition titled, "Expanding the Size and Duties
of the Entertainment Commission". Copy: Each Supervisor. (14)
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ADJOURNMENT
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