# Board of Supervisors Minutes: May 23, 2017 - Meeting date: 2017-05-23 - Document type: minutes - Pages in official PDF: 26 - [Canonical HTML transcript](https://sfbos.info/documents/442/2017-05-23-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=549710&GUID=597CC94E-7FF7-43C2-926C-646EB25C432D) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 170210: Administrative, Environment Codes - Zero Emission Vehicle Requirements for City Fleet - Pages: 3 - Vote 1: final-passage, likely final - Action: 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) Ordinance No. 115-17 FINALLY PASSED 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: 3 - 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 Farrell, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of July 11, 2017. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170411: Appropriation - Wastewater Enterprise General Reserve - Claims Settlements and Related Expenses as a Result of Winter Storms - $5,000,000 - FY2016-2017 - Pages: 3-4 - Vote 1: final-passage, likely final - 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; and placing $3,000,000 on Budget and Finance Committee Reserve. (Fiscal Impact) Ordinance No. 114-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 150969: Planning Code - Affordable Housing Bonus Programs - Pages: 4-5 - Vote 1: other - Action: r Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102.’, Lines 19-22, by adding ‘(10) if the City enacts an ordinance directing the Planning Department to study the creation of a possible area plan wholly or partially located in Supervisorial District 9, HOME-SF Projects shall not be permitted in any area in Supervisorial District 9 listed in the ordinance until such time as the City enacts the area plan.’; on Page 14, Lines 18-25, by modifying the ownership below market rate (BMR) pricing to be offered at 80% area median income (AMI), 105% AMI, and 130% AMI, by modifying the unit distribution for rental programs so that 12% of units would be offered at 55% AMI, 9% of units would be offered at 80% AMI, and 9% of units would be offered at 110% AMI, and by modifying the unit distribution for ownership programs so that 12% of units would be offered at 80% AMI, 9% of units would be offered at 105% AMI, and 9% of units would be offered at 130% AMI; and making other clarifying and conforming changes. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: amendment - Action: Supervisor Ronen, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED on Page 13, Line 23, by adding ‘(11) does not demolish or remove any space rented by a legacy business listed in the Legacy Business Registry under Administrative Code Section 2A.242.’ The motion FAILED by the following vote: - Ayes: Fewer, Kim, Ronen, Yee - Noes: Breed, Cohen, Farrell, Peskin, Safai, Sheehy, Tang - Vote 3: amendment - Action: Supervisor Yee, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED on Page 12, Lines 8-9, by adding ‘(F) is not located on Ocean Avenue between Paloma Avenue and 19th Avenue’; and on Page 24, Lines 12-13, by adding ‘and (F) is not located on Ocean Avenue between Paloma Avenue and 19th Avenue.’ The motion FAILED by the following vote: - Ayes: Fewer, Kim, Ronen, Yee - Noes: Breed, Cohen, Farrell, Peskin, Safai, Sheehy, Tang - Vote 4: amendment - Action: Supervisor Tang, seconded by Supervisor Safai, moved that this be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 11, Line 22, and Page 24, Line 19, by striking ‘Chinatown Mixed Use Districts’. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 5: first-reading - Action: City and County of San Francisco Page 405 Printed at 10:04 am on 7/14/17 Board of Supervisors Meeting Minutes 5/23/2017 PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang - Noes: Yee ### File 170581: Appropriation and De-Appropriation - Fund Balance and Expenditures of $18,982,258 - Supporting Increased Overtime Expenditures - FY2016-2017 - Pages: 5 - Vote 1: first-reading - Action: 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) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170321: Agreement Amendment - Positive Resource Center - Behavioral Health Services - Not to Exceed $10,744,447 - Pages: 5 - Vote 1: adoption, likely final - Action: 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) Resolution No. 202-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170323: Prevailing Wage Rates - Security Guard Services - Pages: 5-6 - Vote 1: adoption, likely final - Action: 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) Resolution No. 203-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170488: Authorizing Expenditures - SoMa Community Stabilization Fund - $1,249,999 - Pages: 6 - Vote 1: adoption, likely final - Action: 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) Resolution No. 206-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170489: Authorizing Expenditures - SoMa Community Stabilization Fund - $10,000,000 - Pages: 6 - Vote 1: adoption, likely final - Action: 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) Resolution No. 207-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170521: Accept and Expend Grant - State Transportation Development Act, Article 3 - Pedestrian and Bicycle Projects - $991,150 - Pages: 6-7 - Vote 1: adoption, likely final - Action: 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) Resolution No. 209-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170565: Resolution of Intention - Japantown Community Benefit District - Pages: 7 - Vote 1: adoption, likely final - Action: 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. Resolution No. 198-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161310: Amending Ordinance No. 1061 - Sidewalk Width Change - Intersection of Mission Street and 22nd Street - Pages: 7-8 - Vote 1: first-reading - Action: 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) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170614: Hearing - Committee of the Whole - Settlement of Lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017 - Pages: 9-10 ### File 170615: Closed Session - Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017 - Pages: 10-11 - Vote 1: referral - Action: 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) Although it was not required due to the previous approval of Motion No. M17-082, public comment for this item was taken during the Committee of the Whole hearing, as referenced in File No. 170614. Although it was not required due to the previous approval of Motion No. M17-082, Supervisor Peskin, seconded by Supervisor Safai, moved to convene into Closed Session. The motion carried by the following vote: - Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen, Farrell - Vote 2: other - Action: ere noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee City and County of San Francisco Page 411 Printed at 10:04 am on 7/14/17 Board of Supervisors Meeting Minutes 5/23/2017 Persons in attendance: Jon Givner, Sara Eisenberg, Yvonne Mere, and Molly Alarcon (Office of the City Attorney); Kevin Guy, Director (Office of Short-Term Rental Administration and Enforcement); Ken Bukowski, Deputy City Administrator (Office of the City Administrator); and Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:35 p.m. and the following Supervisors were noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Tang, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen, Farrell ### File 170507: Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - City to Receive $80,000 plus $10,000 Annually - Pages: 11-12 - Vote 1: adoption, likely final - Action: ng 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) Resolution No. 208-17 Although it was not required, Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be ADOPTED. The motion carried by the following vote: - Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen, Farrell ### File 170336: Hearing - Committee of the Whole - Report of Assessment Costs - Building Code Enforcement Violations - May 23, 2017 - Pages: 12-13 ### File 170337: Report of Assessment Costs - Building Code Enforcement Violations - Pages: 13 - Vote 1: amendment - Action: 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) Alan Davison (Department of Building Inspection) requested that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 2 Banbury Drive; and 1442 Fulton Street. Supervisor Peskin, seconded by Supervisor Yee, moved to approve the amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 170337. The motion carried by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen - Vote 2: adoption, likely final - Action: Resolution No. 204-17 ADOPTED, after accepting the amendments to the accompanying report, by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen ### File 170464: Appropriation - Proceeds from Certificates of Participation for $321,765,000 to the General Service Agency - FY 2016-17 - Pages: 13-14 - Vote 1: first-reading - Action: 170464 [Appropriation - Proceeds from Certificates of Participation for $321,765,000 to the General Service Agency - FY 2016-17] 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. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170468: Ordinance Authorizing Certificates of Participation - 1500 Mission Project - Not to Exceed $321,765,000 - Pages: 14 - Vote 1: first-reading - Action: eement 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) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170471: Conditional Purchase Agreement - City Office Project - 1500 Mission Street - Pages: 14-15 - Vote 1: adoption, likely final - Action: 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) Resolution No. 205-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170470: Increase of Wastewater Enterprise Commercial Paper Program - Not to Exceed $750,000,000 - Pages: 15 - Vote 1: adoption, likely final - Action: 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) Resolution No. 193-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170474: Application to Acquire Real Property - 1064-1068 Mission Street - Department of Health and Human Services Federal Property Assistance Program - Constructing Supportive Housing - Pages: 15 - Vote 1: adoption, likely final - Action: 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) Resolution No. 178-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 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 - Pages: 15-16 - Vote 1: adoption, likely final - Action: 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) Resolution No. 210-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161351: Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements - Pages: 16 ### File 170208: Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements - Pages: 16 ### File 170240: Police, Building Codes - Lactation in the Workplace - Pages: 16 ### 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: 17 ### File 170608: Stephen T. Mather Day - July 4, 2017 - Pages: 17 ### File 170611: Expressing Support for the San Francisco-Oakland Bid to Host the 2020 International AIDS Conference - Pages: 17 ### File 170591: Final Map 8254 - 923 Folsom Street - Pages: 17-18 ### File 170592: Final Map 8953 - 832 Sutter Street - Pages: 18 ### File 170593: Final Map 8454 - 580-590 De Haro Street and 1900-1910-18th Street - Pages: 18 ### File 170594: Final Map 8995 - 1490 Ocean Avenue - Pages: 18 - Vote 1: approval, likely final - Action: 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) Motion No. M17-086 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170625: Planning Code - Car-Share and Shared Limited Range Vehicle Parking Requirements - Pages: 19 ### File 170626: Fire Code - Fire Safety Disclosure, Posting, and Training Requirements - Pages: 19 ### File 170627: Urging the Mayor's Office of Housing and Community Development to Create Affordable Rental Housing for Educators of the San Francisco Unified School District - Pages: 19-20 ### File 170628: Agreement - PCMG Inc. - Microsoft O365 Services and Enterprise Products - Not to Exceed $30,328,541 - Pages: 20 ### File 170629: Multifamily Housing Revenue Bonds - 1601 Mariposa Apartments - Not to Exceed $240,000,000 - Pages: 20 ### File 170630: Real Property Conveyance - 1 Lillian Court, also known as Shoreview Park - Office of Community Investment and Infrastructure - Recreation and Park - At No Cost - Pages: 20 ### File 170631: Debt Management Policy and Procedures - Controller’s Office of Public Finance - Pages: 20-21 ### File 170632: Contract Amendment - Budget and Legislative Analyst Services - Not to Exceed $12,889,420 - Pages: 21 ### File 170633: Committee of the Whole - Permanent Closure of County Jail Nos. 3 and 4 - June 13, 2017 - Pages: 21 ### File 170617: Appointment, Bay Conservation and Development Commission - Supervisor Jane Kim - Pages: 21 ### File 170618: Mayoral Appointment, Treasure Island Development Authority Board of Directors - Sharon Lai - Pages: 21-22 ### File 170619: Mayoral Reappointment, Treasure Island Development Authority Board of Directors - Mark Dunlop - Pages: 22 ### File 170620: Mayoral Appointment, Treasure Island Development Authority Board of Directors - Paul Giusti - Pages: 22 ### File 170621: Mayoral Reappointment, Port Commission - Kimberly Brandon - Pages: 22 ### File 170634: Hearing - Committee of the Whole - Permanent Closure of County Jail Nos. 3 and 4 - June 13, 2017 - Pages: 22 ### File 170635: Hearing - Youth Commission's Policy and Budget Priorities - FYs 2017-2018 and 2017-2019 - Pages: 22-23 ### File 170636: Hearing - Coordination Between the San Francisco Municipal Transportation Agency's Technical and Implementation Teams - Pages: 23 ### File 170637: Hearing - Infant Toddler Early Learning Scholarship Fund - Pages: 23 ### File 170582: Settlement of Lawsuit - Peter Cuddihy and Joan Cuddihy - $43,000 - Pages: 23 ### File 170583: Settlement of Lawsuit - Raymond Choy - $30,000 - Pages: 23-24 ### File 170584: Settlement of Lawsuit - Jason Douglas and Carol Grindley - $60,000 - Pages: 24 ### File 170585: Settlement of Lawsuit - Devaughn Frierson - $29,500 - Pages: 24 ### File 170586: Novation Agreement - MWH Americas, Inc. to Stantec Consulting Services, Inc. - Planning and Engineering Services Contract - Central Bayside System Improvement Project - Pages: 24 ### File 170587: Amendment to Memorandum of Understanding - San Francisco Local Agency Formation Commission - Not to Exceed $2,100,000 - Pages: 24-25 ### File 170588: Settlement of Unlitigated Claim - Jessica Kennedy - $375,000 - Pages: 25 ### File 170589: Contract Approval - Children’s Council of San Francisco - Early Care and Education Integrated Services - $204,233,857 - Pages: 25 ### File 170590: Contract Approval - Wu Yee Children’s Services - Early Care and Education Integrated Services Contract - $31,322,180 - Pages: 25-26 ## Extracted text ### [Page 1](https://sfbos.info/documents/442/2017-05-23-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, May 23, 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 18 ### [Page 2](https://sfbos.info/documents/442/2017-05-23-minutes#page-2) Board of Supervisors Meeting Minutes 5/23/2017 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 23, 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 11, 2017, the Budget and Finance Committee Minutes of April 13, 2017, or the Budget and Finance Federal Select Committee Minutes of April 13, 2017. There were no corrections. Supervisor Kim, seconded by Supervisor Yee, moved to approve the Board Meeting Minutes of April 11, 2017, the Budget and Finance Committee Minutes of April 13, 2017, and the Budget and Finance Federal Select Committee Minutes of April 13, 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 403 Printed at 10:04 am on 7/14/17 ### [Page 3](https://sfbos.info/documents/442/2017-05-23-minutes#page-3) Board of Supervisors Meeting Minutes 5/23/2017 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Budget and Finance Sub-Committee 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) Ordinance No. 115-17 FINALLY PASSED 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 Farrell, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of July 11, 2017. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Ordinance No. 114-17 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 404 Printed at 10:04 am on 7/14/17 ### [Page 4](https://sfbos.info/documents/442/2017-05-23-minutes#page-4) Board of Supervisors Meeting Minutes 5/23/2017 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) 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 13, Lines 14-18, by striking ‘(C) lots occupied by Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Formula Retail, Self Storage, Motel, Automobile Sales or Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102.’, Lines 19-22, by adding ‘(10) if the City enacts an ordinance directing the Planning Department to study the creation of a possible area plan wholly or partially located in Supervisorial District 9, HOME-SF Projects shall not be permitted in any area in Supervisorial District 9 listed in the ordinance until such time as the City enacts the area plan.’; on Page 14, Lines 18-25, by modifying the ownership below market rate (BMR) pricing to be offered at 80% area median income (AMI), 105% AMI, and 130% AMI, by modifying the unit distribution for rental programs so that 12% of units would be offered at 55% AMI, 9% of units would be offered at 80% AMI, and 9% of units would be offered at 110% AMI, and by modifying the unit distribution for ownership programs so that 12% of units would be offered at 80% AMI, 9% of units would be offered at 105% AMI, and 9% of units would be offered at 130% AMI; and making other clarifying and conforming changes. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Ronen, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED on Page 13, Line 23, by adding ‘(11) does not demolish or remove any space rented by a legacy business listed in the Legacy Business Registry under Administrative Code Section 2A.242.’ The motion FAILED by the following vote: Ayes: 4 - Fewer, Kim, Ronen, Yee Noes: 7 - Breed, Cohen, Farrell, Peskin, Safai, Sheehy, Tang Supervisor Yee, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED on Page 12, Lines 8-9, by adding ‘(F) is not located on Ocean Avenue between Paloma Avenue and 19th Avenue’; and on Page 24, Lines 12-13, by adding ‘and (F) is not located on Ocean Avenue between Paloma Avenue and 19th Avenue.’ The motion FAILED by the following vote: Ayes: 4 - Fewer, Kim, Ronen, Yee Noes: 7 - Breed, Cohen, Farrell, Peskin, Safai, Sheehy, Tang Supervisor Tang, seconded by Supervisor Safai, moved that this be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 11, Line 22, and Page 24, Line 19, by striking ‘Chinatown Mixed Use Districts’. 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 405 Printed at 10:04 am on 7/14/17 ### [Page 5](https://sfbos.info/documents/442/2017-05-23-minutes#page-5) Board of Supervisors Meeting Minutes 5/23/2017 PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang Noes: 1 - Yee NEW BUSINESS Recommendation of the Budget and Finance Committee 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) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendations of the Budget and Finance Sub-Committee 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) Resolution No. 202-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Resolution No. 203-17 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 406 Printed at 10:04 am on 7/14/17 ### [Page 6](https://sfbos.info/documents/442/2017-05-23-minutes#page-6) Board of Supervisors Meeting Minutes 5/23/2017 President Breed requested File Nos. 170488 and 170489 be called together. 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) Resolution No. 206-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Resolution No. 207-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Resolution No. 209-17 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 407 Printed at 10:04 am on 7/14/17 ### [Page 7](https://sfbos.info/documents/442/2017-05-23-minutes#page-7) Board of Supervisors Meeting Minutes 5/23/2017 Recommendation of the Government Audit and Oversight Committee 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. Resolution No. 198-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendation of the Land Use and Transportation Committee 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) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 408 Printed at 10:04 am on 7/14/17 ### [Page 8](https://sfbos.info/documents/442/2017-05-23-minutes#page-8) Board of Supervisors Meeting Minutes 5/23/2017 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Farrell, seconded by Supervisor Ronen, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Farrell introduced, welcomed, and presented Certificates of Honor to Carol O’Malley and Glen Bowers (Stuart Hall for Boys) on the occasion of their retirement and in recognition of their many accomplishments educating the youth of San Francisco. Jaime Dominguez, Head of School, and Jack Farrell (Stuart Hall for Boys), spoke in honor of both faculty members. President Breed introduced, welcomed, and presented a Certificate of Honor to Officer Joanne Walker (Police Department, Park Police Station) in recognition of her commendatory efforts providing assistance to an individual in crisis. President Breed introduced, welcomed, and presented a Certificate of Honor to Preston Worth (San Francisco Unified School District) on the occasion of his retirement and in recognition of his many accomplishments mentoring and steering the youth of San Francisco. Supervisor Ronen introduced, welcomed, and presented a Certificate of Honor to Laura Guzman, Director (Mission Neighborhood Resource Center) on the occasion of her departure from the Center and in recognition of her many accomplishments advocating for housing and resources to enhance the physical, social, emotional, and economic health of the Mission neighborhood. Supervisor Kim shared in this commendation. President Breed introduced, welcomed, and presented a Certificate of Honor to Olson Lee, Director (Mayor’s Office of Housing and Community Development), on the occasion of his retirement after 27 years with the City and County of San Francisco, his many accomplishments overseeing the development and rehabilitation of affordable housing, and effectively shaping the landscape of San Francisco and its communities. Supervisors Fewer, Kim, Cohen, Farrell, and Safai shared in this commendation. City and County of San Francisco Page 409 Printed at 10:04 am on 7/14/17 ### [Page 9](https://sfbos.info/documents/442/2017-05-23-minutes#page-9) Board of Supervisors Meeting Minutes 5/23/2017 SPECIAL ORDER 4:00 P.M. President Breed requested File Nos. 170614, 170615, and 170507 be called together. Supervisor Farrell Excused from Participating Supervisor Farrell requested to be excused from participating in the hearing for File No. 170614, due to a possible conflict of interest. Supervisor Safai, seconded by Supervisor Sheehy, moved that Supervisor Farrell be excused from participating in the hearing for File No. 170614. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Farrell Board of Supervisors Sitting as a Committee of the Whole Supervisor Cohen was noted absent at 5:03 p.m. and for the remainder of the meeting. Supervisor Cohen Excused from Attendance Supervisor Safai, seconded by Supervisor Tang, moved that Supervisor Cohen be excused beginning at 5:03 p.m. and for the remainder of the meeting. The motion carried by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen 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) President Breed opened the public hearing and inquired as to whether there were speakers who wished to address the Board regarding the settlement of lawsuit and Tolling Agreement with Airbnb, Inc. and HomeAway.com, Inc., as referenced in File No. 170507, and the related Closed Session deliberations, as referenced in File No. 170615. Jon Kantor; Peter Kwan (Home Sharers Democratic Club); Female Speaker; Rodolfo Cancino; Paul Lawry; Sandor Halasz; Linda Litehiser; Kenix Zhong; Eric; Male Speaker; Edward Bell; Greg Wong; Sherman King; May Zhang; Male Speaker; Michael Condy; Nelson; George Lee; Stella Charbakshi; Otto Dufty; Ashley; spoke in support of the settlement of lawsuit and Tolling Agreement. Ace Washington; spoke neither in support nor against the settlement of lawsuit and Tolling Agreement. There were no other speakers. The President 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 City and County of San Francisco Page 410 Printed at 10:04 am on 7/14/17 ### [Page 10](https://sfbos.info/documents/442/2017-05-23-minutes#page-10) Board of Supervisors Meeting Minutes 5/23/2017 Appointment of President Pro Tempore At the request of President Breed, Supervisor Safai assumed the chair at 4:58 p.m. The President resumed the chair at 5:07 p.m. Committee of the Whole Adjourn and Report CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation Supervisor Farrell Excused from Participating and Voting Supervisor Farrell requested to be excused from participating and voting on File Nos. 170615 and 170507, due to a possible conflict of interest. Supervisor Tang, seconded by Supervisor Safai, moved that Supervisor Farrell be excused from participating and voting on File Nos. 170615 and 170507. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell 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) Although it was not required due to the previous approval of Motion No. M17-082, public comment for this item was taken during the Committee of the Whole hearing, as referenced in File No. 170614. Although it was not required due to the previous approval of Motion No. M17-082, Supervisor Peskin, seconded by Supervisor Safai, moved to convene into Closed Session. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell The Board recessed at the hour of 5:20 p.m. and prepared the Legislative Chamber to convene in closed session. CONVENED IN CLOSED SESSION The Board convened in closed session at the hour of 5:24 p.m. and the following Supervisors were noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee City and County of San Francisco Page 411 Printed at 10:04 am on 7/14/17 ### [Page 11](https://sfbos.info/documents/442/2017-05-23-minutes#page-11) Board of Supervisors Meeting Minutes 5/23/2017 Persons in attendance: Jon Givner, Sara Eisenberg, Yvonne Mere, and Molly Alarcon (Office of the City Attorney); Kevin Guy, Director (Office of Short-Term Rental Administration and Enforcement); Ken Bukowski, Deputy City Administrator (Office of the City Administrator); and Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:35 p.m. and the following Supervisors were noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Tang, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell Called from the Government Audit and Oversight Committee 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) Resolution No. 208-17 Although it was not required, Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be ADOPTED. The motion carried by the following vote: Ayes: 9 - Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Cohen, Farrell City and County of San Francisco Page 412 Printed at 10:04 am on 7/14/17 ### [Page 12](https://sfbos.info/documents/442/2017-05-23-minutes#page-12) Board of Supervisors Meeting Minutes 5/23/2017 SPECIAL ORDER 5:00 P.M. Board of Supervisors Sitting as a Committee of the Whole President Breed requested File Nos. 170336 and 170337 be called together. 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) President Breed opened the public hearing and inquired as to whether any member of the public wished to address the Board relating to the assessments for building code enforcement violations, as referenced in File No. 170337. Alan Davison (Department of Building Inspection) provided an overview of the assessments and answered questions raised throughout the discussions. John Chow (2 Banbury Drive); Male Speaker (1442 Fulton Street); spoke in objection to the proposed assessments. There were no other speakers. The President 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 City and County of San Francisco Page 413 Printed at 10:04 am on 7/14/17 ### [Page 13](https://sfbos.info/documents/442/2017-05-23-minutes#page-13) Board of Supervisors Meeting Minutes 5/23/2017 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) Alan Davison (Department of Building Inspection) requested that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 2 Banbury Drive; and 1442 Fulton Street. Supervisor Peskin, seconded by Supervisor Yee, moved to approve the amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 170337. The motion carried by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen Resolution No. 204-17 ADOPTED, after accepting the amendments to the accompanying report, by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen COMMITTEE REPORTS Recommendations of the Budget and Finance Sub-Committee President Breed requested File Nos. 170464, 170468, 170471, 170470, 170474, and 170522 be called together. 170464 [Appropriation - Proceeds from Certificates of Participation for $321,765,000 to the General Service Agency - FY 2016-17] 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. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 414 Printed at 10:04 am on 7/14/17 ### [Page 14](https://sfbos.info/documents/442/2017-05-23-minutes#page-14) Board of Supervisors Meeting Minutes 5/23/2017 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) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Resolution No. 205-17 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 415 Printed at 10:04 am on 7/14/17 ### [Page 15](https://sfbos.info/documents/442/2017-05-23-minutes#page-15) Board of Supervisors Meeting Minutes 5/23/2017 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) Resolution No. 193-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Resolution No. 178-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Resolution No. 210-17 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 416 Printed at 10:04 am on 7/14/17 ### [Page 16](https://sfbos.info/documents/442/2017-05-23-minutes#page-16) Board of Supervisors Meeting Minutes 5/23/2017 Recommendations of the Land Use and Transportation Committee 161351 [Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix 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. 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. This item was not sent as a Committee Report. ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Andrew Yip; shared his various thoughts and experiences with the Board. City and County of San Francisco Page 417 Printed at 10:04 am on 7/14/17 ### [Page 17](https://sfbos.info/documents/442/2017-05-23-minutes#page-17) Board of Supervisors Meeting Minutes 5/23/2017 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Resolution No. 211-17 ADOPTED 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. Resolution No. 212-17 ADOPTED 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. Resolution No. 213-17 ADOPTED 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) Motion No. M17-083 APPROVED City and County of San Francisco Page 418 Printed at 10:04 am on 7/14/17 ### [Page 18](https://sfbos.info/documents/442/2017-05-23-minutes#page-18) Board of Supervisors Meeting Minutes 5/23/2017 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) Motion No. M17-084 APPROVED 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) Motion No. M17-085 APPROVED 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) Motion No. M17-086 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 419 Printed at 10:04 am on 7/14/17 ### [Page 19](https://sfbos.info/documents/442/2017-05-23-minutes#page-19) Board of Supervisors Meeting Minutes 5/23/2017 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 170625 [Planning Code - Car-Share and Shared Limited Range Vehicle Parking Requirements] Sponsor: Breed Ordinance amending the Planning Code to allow Shared Limited Range Vehicle (scooter) off-street parking in certain designated spaces and amending the Car-Share Program provisions; 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 making findings under Planning Code, Section 302. 05/23/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 6/22/2017. 170626 [Fire Code - Fire Safety Disclosure, Posting, and Training Requirements] Sponsor: Tang Ordinance amending the Fire Code requirements for fire safety disclosure, posting, and training; making findings as to local conditions pursuant to the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to transmit the ordinance to appropriate State officials. 05/23/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 6/22/2017. Resolutions 170627 [Urging the Mayor's Office of Housing and Community Development to Create Affordable Rental Housing for Educators of the San Francisco Unified School District] Sponsors: Mayor; Tang, Safai and Ronen Resolution urging the Mayor’s Office of Housing and Community Development to develop a pilot program to create affordable rental housing for educators of the San Francisco Unified School District. 05/23/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 420 Printed at 10:04 am on 7/14/17 ### [Page 20](https://sfbos.info/documents/442/2017-05-23-minutes#page-20) Board of Supervisors Meeting Minutes 5/23/2017 170628 [Agreement - PCMG Inc. - Microsoft O365 Services and Enterprise Products - Not to Exceed $30,328,541] Sponsor: Cohen Resolution retroactively authorizing the Department of Technology and the Office of Contract Administration to enter an agreement between the City and PCMG Inc., for Microsoft Cloud Software and Enterprise Products, for a three year term from June 1, 2017, through May 31, 2020, in an amount not to exceed $30,328,541. (Fiscal Impact) 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 170629 [Multifamily Housing Revenue Bonds - 1601 Mariposa Apartments - Not to Exceed $240,000,000] Sponsor: Cohen Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $240,000,000 for the purpose of providing financing for the acquisition and construction of a 299-unit multifamily rental housing project located at 1601 and 1677 Mariposa Street, 485-497 Carolina Street, 395 and 420 Wisconsin Street, and 210 Arkansas Street (also known as 1601 Mariposa Apartments); approving the form of and authorizing the execution of an indenture of trust providing the terms and conditions of the multifamily housing revenue bonds and authorizing the execution and delivery thereof; approving the forms of and authorizing the execution of certain loan documents; approving the form of and authorizing the execution of a bond purchase agreement for such bonds; approving the form of and authorizing an official statement for such bonds and authorizing the distribution thereof; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of an intercreditor agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this Resolution, subject to the terms of this Resolution; and related matters, as defined herein. 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 170630 [Real Property Conveyance - 1 Lillian Court, also known as Shoreview Park - Office of Community Investment and Infrastructure - Recreation and Park - At No Cost] Sponsor: Cohen Resolution authorizing and approving the acceptance of Shoreview Park, located at 1 Lillian Court, from the Office of Community Investment and Infrastructure to the City and County of San Francisco on behalf of its Recreation and Park Department, at no cost; and making findings that such acceptance is in accordance with the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section, 101.1. 05/23/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 170631 [Debt Management Policy and Procedures - Controller’s Office of Public Finance] Sponsor: Cohen Resolution approving the Controller's Office of Public Finance's debt management policy and procedures to manage the debt issuance process, pursuant to California Government Code, Section 8855. 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. City and County of San Francisco Page 421 Printed at 10:04 am on 7/14/17 ### [Page 21](https://sfbos.info/documents/442/2017-05-23-minutes#page-21) Board of Supervisors Meeting Minutes 5/23/2017 170632 [Contract Amendment - Budget and Legislative Analyst Services - Not to Exceed $12,889,420] Resolution authorizing the Clerk of the Board to amend the Budget and Legislative Analyst Services contract to exercise an option to extend the term through December 31, 2019 and to enact a 2.25% cost-of-living adjustment effective July 1, 2017, increasing the total contract amount by $4,471,947 for a total amount not to exceed $12,889,420 for the period of January 1, 2014, through December 31, 2019. (Clerk of the Board) (Fiscal Impact; No Budget and Legislative Analyst Report) 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Motions 170633 [Committee of the Whole - Permanent Closure of County Jail Nos. 3 and 4 - June 13, 2017] Sponsors: Breed; Kim Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 13, 2017, at 3:00 p.m., to hold a public hearing to discuss the plan for the permanent closure of County Jail Nos. 3 and 4, that will provide effective and humane investments in mental health, identify what new facility or facilities are needed, and seek to maintain San Francisco's eligibility to use State Public Works Board financing for those facilities; and requesting the Jail Re-Envisioning Working Group, including the Department of Public Health, Sheriff's Department, and Tax Payer Advocates, to report. 05/23/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 170617 [Appointment, Bay Conservation and Development Commission - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim, for an indefinite term, as an alternate member to the San Francisco Bay Conservation and Development Commission. (Rules Committee) 05/19/17; RECEIVED AND ASSIGNED to Rules Committee. 170618 [Mayoral Appointment, Treasure Island Development Authority Board of Directors - Sharon Lai] Motion approving/rejecting the Mayor's nomination for appointment of Sharon Lai to the Treasure Island Development Authority Board of Directors, for a term ending February 26, 2021. (Rules Committee) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are not City officers are effective only upon approval by a majority of the Board of Supervisors. Transmittal date: May 16, 2017.) 05/19/17; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 422 Printed at 10:04 am on 7/14/17 ### [Page 22](https://sfbos.info/documents/442/2017-05-23-minutes#page-22) Board of Supervisors Meeting Minutes 5/23/2017 170619 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - Mark Dunlop] Motion approving/rejecting the Mayor's nomination for reappointment of Mark Dunlop to the Treasure Island Development Authority Board of Directors, for a term ending February 26, 2020. (Rules Committee) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are not City officers are effective only upon approval by a majority of the Board of Supervisors. Transmittal date: May 16, 2017.) 05/19/17; RECEIVED AND ASSIGNED to Rules Committee. 170620 [Mayoral Appointment, Treasure Island Development Authority Board of Directors - Paul Giusti] Motion approving/rejecting the Mayor's nomination for appointment of Paul Giusti to the Treasure Island Development Authority Board of Directors, for a term ending April 28, 2018. (Rules Committee) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are not City officers are effective only upon approval by a majority of the Board of Supervisors. Transmittal date: May 16, 2017.) 05/19/17; RECEIVED AND ASSIGNED to Rules Committee. 170621 [Mayoral Reappointment, Port Commission - Kimberly Brandon] Motion confirming/rejecting the Mayor’s nomination for reappointment of Kimberly Brandon to the Port Commission, for a term ending May 1, 2021. (Rules Committee) (Charter, Section 4.114, provides that the Mayor's appointment is subject to confirmation by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: May 16, 2017.) 05/19/17; RECEIVED AND ASSIGNED to Rules Committee. Requests for Hearing 170634 [Hearing - Committee of the Whole - Permanent Closure of County Jail Nos. 3 and 4 - June 13, 2017] Sponsors: Breed; Kim Hearing to discuss the plan for the permanent closure of County Jail Nos. 3 and 4, that will provide effective and humane investments in mental health, identify what new facility or facilities are needed, and seek to maintain San Francisco's eligibility to use State Public Works Board financing for those facilities; and requesting the Jail Re-Envisioning Working Group, including the Department of Public Health, Sheriff's Department, and Tax Payer Advocates, to report. 05/23/17; RECEIVED AND ASSIGNED to Board of Supervisors. 170635 [Hearing - Youth Commission's Policy and Budget Priorities - FYs 2017-2018 and 2017-2019] Sponsor: Cohen Hearing to receive an update on the San Francisco Youth Commission's Policy and Budget Priorities - FYs 2017-2018 and 2018-2019; and requesting the Youth Commission to report. 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 423 Printed at 10:04 am on 7/14/17 ### [Page 23](https://sfbos.info/documents/442/2017-05-23-minutes#page-23) Board of Supervisors Meeting Minutes 5/23/2017 170636 [Hearing - Coordination Between the San Francisco Municipal Transportation Agency's Technical and Implementation Teams] Sponsor: Cohen Hearing on the coordination between the San Francisco Municipal Transportation Agency's technical and implementation teams; and requesting the San Francisco Municipal Transportation Agency to report. 05/23/17; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 170637 [Hearing - Infant Toddler Early Learning Scholarship Fund] Sponsor: Yee Hearing on the newly established Infant and Toddler Early Learning Scholarship Fund, and hear a presentation on the current needs of infants and toddlers including, but not limited to, the rules, eligibility criteria, selection process for awarding of grants including prioritization of funding supporting families attending publicly funded universities and reporting obligations for providers; and requesting the Office of Early Care and Education to report. 05/23/17; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED 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) 05/12/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to 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) 05/12/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 424 Printed at 10:04 am on 7/14/17 ### [Page 24](https://sfbos.info/documents/442/2017-05-23-minutes#page-24) Board of Supervisors Meeting Minutes 5/23/2017 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) 05/12/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to 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) 05/12/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 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) 05/12/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to 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) 05/12/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. City and County of San Francisco Page 425 Printed at 10:04 am on 7/14/17 ### [Page 25](https://sfbos.info/documents/442/2017-05-23-minutes#page-25) Board of Supervisors Meeting Minutes 5/23/2017 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 Attorney) 05/12/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to 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) (Fiscal Impact) 05/09/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 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) (Fiscal Impact) 05/09/17; RECEIVED FROM DEPARTMENT. 05/23/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Request Granted From: Supervisor Cohen To: Budget & Legislative Analyst Requesting/Inquiring: Requesting a Budget & Legislative Analyst report on the fiscal impact of expanding the SF Working Families Credit program to include 1099 employees, following the same income level guidelines of the existing program. The report should include: number of potential recipients, estimated tax credit roll out, number of 1099 “full time” workers, and other related costs. In Memoriams Bruno Selmi - Supervisor Peskin Pamela Underwood - Supervisor Breed Nathanial Mack - Supervisor Breed City and County of San Francisco Page 426 Printed at 10:04 am on 7/14/17 ### [Page 26](https://sfbos.info/documents/442/2017-05-23-minutes#page-26) Board of Supervisors Meeting Minutes 5/23/2017 ADJOURNMENT There being no further business, the Board adjourned at the hour 5:39 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 July 11, 2017. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 427 Printed at 10:04 am on 7/14/17