# Board of Supervisors Minutes: June 27, 2017 - Meeting date: 2017-06-27 - Document type: minutes - Pages in official PDF: 24 - [Canonical HTML transcript](https://sfbos.info/documents/450/2017-06-27-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=555073&GUID=4091EFB9-FBD8-45A2-8218-F9C50031E1DD) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 170582: Settlement of Lawsuit - Peter Cuddihy and Joan Cuddihy - $43,000 - Pages: 2-3 ### File 170583: Settlement of Lawsuit - Raymond Choy - $30,000 - Pages: 3 ### File 170584: Settlement of Lawsuit - Jason Douglas and Carol Grindley - $60,000 - Pages: 3 ### File 170585: Settlement of Lawsuit - Devaughn Frierson - $29,500 - Pages: 3 ### File 170644: Settlement of Lawsuit - Ambac Assurance Corp. and Ambac Financial Group Inc. - City to Receive $679,202 - Pages: 3 ### File 170645: Settlement of Lawsuit - United Airlines, Inc. - City to Receive $165,000 - Pages: 3-4 ### File 170465: Settlement of Unlitigated Claim - T-Mobile West, LLC - $500,000 - Pages: 4 ### File 170588: Settlement of Unlitigated Claim - Jessica Kennedy - $375,000 - Pages: 4 - Vote 1: adoption, likely final - Action: 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) Resolution No. 263-17 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170554: Amending Ordinance No. 1061 - Sidewalk Width Change - Southeast Corner of Mission and First Streets, First Street, and Fremont Street - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 170554 [Amending Ordinance No. 1061 - Sidewalk Width Change - Southeast Corner of Mission and First Streets, First Street, and Fremont Street] Sponsor: Kim Ordinance amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks," to change the official sidewalk width of certain locations along First Street southeast of Mission Street, along Mission Street between First and Fremont Streets, and along Fremont Street southeast of Mission Street, and creating a new sidewalk bulb-out at the east corner of First and Mission Streets; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 141-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170441: Health Code - Banning the Sale of Flavored Tobacco Products - Pages: 5 - Vote 1: final-passage, likely final - Action: 170441 [Health Code - Banning the Sale of Flavored Tobacco Products] Sponsors: Cohen; Safai, Breed, Farrell, Sheehy, Tang and Yee Ordinance amending the Health Code to prohibit tobacco retailers from selling flavored tobacco products, including menthol cigarettes. (Economic Impact) Ordinance No. 140-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170444: Administrative Code - Kindergarten to College Fund - Pages: 5 - Vote 1: first-reading - Action: 170444 [Administrative Code - Kindergarten to College Fund] Sponsor: Sheehy Ordinance amending the Administrative Code to create the Kindergarten to College Fund. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170673: Re-Appropriation - 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B Projects - $26,200,000 - FY2017-2018 - Pages: 5-6 - Vote 1: first-reading - Action: 170673 [Re-Appropriation - 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B Projects - $26,200,000 - FY2017-2018] Sponsor: Mayor Ordinance re-appropriating $26,200,000 of 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B funded Better Market Street projects and Muni Forward and Pedestrian Safety Improvements Projects to Transit projects including Muni Facility Upgrades in FY2017-2018. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170675: Appropriation - Airport Hotel Project of $70,060,000 and Re-Appropriation - Hotel Special Facility Revenue Bond of $25,000,000 - Airport Commission - FY2016-2017 - Pages: 6 - Vote 1: first-reading - Action: 170675 [Appropriation - Airport Hotel Project of $70,060,000 and Re-Appropriation - Hotel Special Facility Revenue Bond of $25,000,000 - Airport Commission - FY2016-2017] Sponsor: Mayor Ordinance appropriating $70,060,000, consisting of $35,000,000 of proceeds from the sale of Airport Capital Plan Bonds and $60,000 from fund balance, and $35,000,000 of proceeds transfer from Hotel Special Facility Revenue Bonds, to support San Francisco International Airport Hotel Project and placing $70,000,000 on Controller’s Reserve pending receipt of proceeds of indebtedness; and de-appropriating and re-appropriating $25,000,000 of Hotel Special Facility Revenue Bonds. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170677: Appropriation - Proceeds from Water Enterprise Revenue Bonds - Property Purchase Located at Rollins Road - FY2017-2018 - $9,132,962 - Pages: 6 - Vote 1: first-reading - Action: 170677 [Appropriation - Proceeds from Water Enterprise Revenue Bonds - Property Purchase Located at Rollins Road - FY2017-2018 - $9,132,962] Sponsor: Mayor Ordinance appropriating $9,132,962 of proceeds from Water Enterprise Revenue Bonds to purchase the property located at 1657-1663 Rollins Road, Burlingame that has served as the primary work location for San Francisco Public Utilities Commission (SFPUC) staff from the Water Quality Division, the Natural Resources & Land Management Division, and the Water Supply & Treatment Division in FY2017-2018; and placing $9,132,962 of proceeds on Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170678: Ordinance Amendment - Public Utilities Commission - Water Revenue Bond Issuance - Not to Exceed $274,130,430 - Pages: 6-7 - Vote 1: first-reading - Action: 170678 [Ordinance Amendment - Public Utilities Commission - Water Revenue Bond Issuance - Not to Exceed $274,130,430] Sponsor: Mayor Ordinance amending Ordinance No. 112-16 to authorize an increase of the issuance and sale of tax-exempt or taxable Water Revenue Bonds and other forms of indebtedness (as described below) by the San Francisco Public Utilities Commission (Commission) to an aggregate principal amount not to exceed $274,130,430 to finance the costs of various capital water projects benefitting the Water Enterprise, including new funding to finance the cost of the acquisition of the Rollins Road Property (as described below) 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; authorizing the issuance of Water Revenue Refunding Bonds; declaring the Official Intent of the Commission to reimburse itself with one or more issues of tax-exempt or taxable bonds or other forms of indebtedness; and ratifying previous actions taken in connection therewith. (Public Utilities Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170422: Real Property Acquisition - 145-165-11th Street, 973 Minna Street, and 964 Natoma Street - Recreation and Park Department - $9,725,000 - Pages: 7 - Vote 1: adoption, likely final - Action: Street, and 964 Natoma Street - Recreation and Park Department - $9,725,000] Sponsor: Kim Resolution approving and authorizing an agreement for the City’s acquisition of five parcels of improved real estate, consisting of approximately 19,500 square feet in land area, including the assumption of certain existing leases, from Ares Commercial Properties, Inc., for $9,725,000; placing the property under the jurisdiction of the Recreation and Park Department, and authorizing the use of revenues from the property for property-related costs and future park planning; adopting findings under the California Environmental Quality Act for the acquisition, but requiring any future park conversion project to be subject to the review and approval of the Recreation and Park Commission following environmental review; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of the purchase agreement and this Resolution. (Fiscal Impact) Resolution No. 261-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170589: Contract Approval - Children’s Council of San Francisco - Early Care and Education Integrated Services - $204,233,857 - Pages: 7 - Vote 1: adoption, likely final - Action: 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) Resolution No. 264-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170590: Contract Approval - Wu Yee Children’s Services - Early Care and Education Integrated Services Contract - $31,322,180 - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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) Resolution No. 265-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170632: Contract Amendment - Budget and Legislative Analyst Services - Not to Exceed $12,889,420 - Pages: 8 - Vote 1: adoption, likely final - Action: 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) Resolution No. 266-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170647: Outreach Community Advertising and Neighborhood Outreach Advertising - Small Business Exchange; Sing Tao Daily; World Journal SF LLC; El Reportero; Bay Area Reporter; The Potrero View; Jasmine Blue Media, dba Marina Times - FY2017-2018 - Pages: 8 - Vote 1: adoption, likely final - Action: dvertising - Small Business Exchange; Sing Tao Daily; World Journal SF LLC; El Reportero; Bay Area Reporter; The Potrero View; Jasmine Blue Media, dba Marina Times - FY2017-2018] Resolution designating Small Business Exchange to be the outreach periodical of the City and County of San Francisco for the African American community; Sing Tao Daily and World Journal SF LLC to be the outreach periodical of the City and County of San Francisco for the Chinese community; El Reportero to be the outreach periodical of the City and County of San Francisco for the Hispanic community; Bay Area Reporter to be the outreach periodical of the City and County of San Francisco for the Lesbian, Gay, Bisexual and Transgender community; The Potrero View to be the neighborhood outreach periodical of the City and County of San Francisco for the Potrero Hill, Bayview, Mission Bay and SoMa neighborhoods; and Jasmine Blue Media, dba Marina Times, to be the neighborhood outreach periodical of the City and County of San Francisco for the Marina and Cow Hollow neighborhoods; to provide outreach advertising for FY2017-2018. (Office of Contract Administration) Resolution No. 267-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170648: Official Advertising - San Francisco Print Media Co., dba San Francisco Examiner - FY2017-2018 - Pages: 8-9 - Vote 1: adoption, likely final - Action: 170648 [Official Advertising - San Francisco Print Media Co., dba San Francisco Examiner - FY2017-2018] Resolution designating San Francisco Print Media Co., dba San Francisco Examiner, to be the official newspaper of the City and County of San Francisco for all official advertising for FY2017-2018. (Office of Contract Administration) Resolution No. 268-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170696: Airport Commission Capital Plan Bonds - New Authorized Aggregate Principal Amount of $278,000,000 - Airport Commission Special Facility Bonds - New Authorized Aggregate Principal Amount of $260,000,000 - Airport Hotel Financing - Pages: 9 - Vote 1: adoption, likely final - Action: 170696 [Airport Commission Capital Plan Bonds - New Authorized Aggregate Principal Amount of $278,000,000 - Airport Commission Special Facility Bonds - New Authorized Aggregate Principal Amount of $260,000,000 - Airport Hotel Financing] Resolution approving the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Capital Plan Bonds, for a new authorized aggregate principal amount of $278,000,000 and the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Special Facility Bonds, for a new authorized aggregate principal amount of $260,000,000 to finance a hotel at the San Francisco International Airport. (Airport Commission) (Fiscal Impact) Resolution No. 269-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170698: Agreement Amendment - California Department of Health Care Services - Whole Person Care Pilot Expansion - Pages: 9 - Vote 1: adoption, likely final - Action: 170698 [Agreement Amendment - California Department of Health Care Services - Whole Person Care Pilot Expansion] Resolution authorizing the Director of Health to sign an amended agreement with the California Department of Health Care Services for expansion of the Whole Person Care Pilot to fund coordination of health, behavioral health, and social services in a patient-centered manner with the goal of improved beneficiary health and wellbeing through more efficient and effective use of resources. (Public Health Department) Resolution No. 256-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170699: Contract Renewal - Community Behavioral Health Services - Mental Health Services - Pages: 9-10 - Vote 1: adoption, likely final - Action: 170699 [Contract Renewal - Community Behavioral Health Services - Mental Health Services] Resolution retroactively approving Performance Contract No. 16-93139, between Community Behavioral Health Services and the Department of Health Care Services, incorporating the Mental Health Services Act, Projects for Assistance in Transition from Homelessness, the Mental Health Plan, and Community Mental Health Services Grant for the period of July 1, 2016, through June 30, 2017. (Public Health Department) Resolution No. 257-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170350: Police, Administrative Codes - Employer Consideration of Applicant’s Salary History - Pages: 10 - Vote 1: first-reading - Action: 170350 [Police, Administrative Codes - Employer Consideration of Applicant’s Salary History] Sponsors: Farrell; Tang, Ronen, Cohen, Breed and Peskin Ordinance amending the Police and Administrative Codes to ban employers, including City contractors and subcontractors, from considering current or past salary of an applicant in determining whether to hire an applicant or what salary to offer the applicant, and from asking applicants about their current or past salary; to prohibit employers, including City contractors and subcontractors, from disclosing a current or former employee’s salary history without that employee’s authorization unless the salary history is publicly available; authorizing the Office of Labor Standards Enforcement to implement and enforce these provisions; and authorizing the City to bring a civil action against an employer for violations. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170705: Assessment Ballot for a City-Owned Parcel - Japantown Community Benefit District - Pages: 10-11 - Vote 1: adoption, likely final - Action: 170705 [Assessment Ballot for a City-Owned Parcel - Japantown Community Benefit District] Sponsor: Breed Resolution authorizing the Mayor, or his designee, to cast an assessment ballot in the affirmative on behalf of the City and County of San Francisco, as the owner of one parcel of real property over which the Board of Supervisors has jurisdiction that would be subject to assessment in the proposed property and business improvement district to be named the Japantown Community Benefit District. Resolution No. 270-17 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: 11-12 - Vote 1: amendment - Action: 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 Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 23, by striking ‘January 1, 2013’ and adding ‘January 12, 2016’; on Page 14, Line 14, by adding ‘affordable’ after ‘construction of’; on Page 15, Line 7, by adding ‘in its sole and absolute discretion, and within the legal allowances of the Residential Nexus’, and Line 23, by adding ‘affordable’ after ‘constructing’, and ‘including development and acquisition costs’ after ‘housing’; and on Page 16, Line 13, Page 29, Line 23, and Page 39, Line 21, by adding ‘The applicable amount of the inclusionary housing fee or percentage required for the on-site or off-site alternatives shall be determined based upon the date that the project sponsor has submitted a complete Environmental Evaluation application.’ before ‘In the event’. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170638: Hearing - Appeal of Determination of Exemption From Environmental Review - Proposed SFMTA-13th Street Eastbound Bicycle Facility Project - Pages: 13 ### File 170639: Affirming the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project - Pages: 13 - Vote 1: approval, likely final - Action: 170639 [Affirming the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion affirming the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M17-106 Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170640: Conditionally Reversing the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project - Pages: 13-14 - Vote 1: tabling - Action: 170640 [Conditionally Reversing the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion conditionally reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170641: Preparation of Findings to Reverse the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project - Pages: 14 - Vote 1: tabling - Action: 170641 [Preparation of Findings to Reverse the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170296: Planning Code, Zoning Map - Corona Heights Large Residence Special Use District - Pages: 14-15 - Vote 1: first-reading - Action: 170296 [Planning Code, Zoning Map - Corona Heights Large Residence Special Use District] Sponsor: Sheehy Ordinance amending the Planning Code and Sectional Maps SU06 and SU07 of the Zoning Map to create the Corona Heights Large Residence Special Use District (the area within a perimeter established by Market Street, Clayton Street, Ashbury Street, Clifford Terrace, Roosevelt Way, Museum Way, the eastern property line of Assessor's Parcel Block No. 2620, Lot No. 063, the eastern property line of Assessor's Parcel Block No. 2619, Lot No. 001A, and Douglass Street; and in addition, all additional parcels fronting States Street), to promote and enhance neighborhood character and affordability by requiring Conditional Use authorization for large residential developments in the district; 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 necessity, convenience, and welfare under Planning Code, Section 302. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170349: Administrative Code - Owner Move-In Reporting Requirements - Pages: 15-16 - Vote 1: amendment - Action: occupant to sue for three times any excess rent charged; extend the statute of limitations for wrongful eviction claims based on an unlawful OMI from one year to five years; and making clarifying changes. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Sheehy, seconded by Supervisor Farrell, moved to AMEND the Ordinance by adding a new Section 37.11A(b). Before the vote was taken, Supervisor Peskin made a motion to further amend the motion. Supervisor Peskin, seconded by Supervisor Ronen, moved that the motion made by Supervisor Sheehy be AMENDED by striking the proposed language ‘Such action shall be brought no later than five years after (1) the date the landlord files the first statement of occupancy with the Rent Board under Section 37.9(a)(8)(vii) or (2) three months after the landlord recovers possession, whichever is earlier.’ and adding ‘Such action shall be filed within three years after an affected tenant knew, or through the exercise of reasonable diligence should have known, of the facts constituting the violation.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: amendment - Action: Supervisor Sheehy, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 15, Line 5, by adding a new Section 37.11A(b) to provide that any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4), that has a primary mission of protecting the rights of tenants in San Francisco, may bring a civil action for injunctive relief and/or damages against a landlord who has wrongfully endeavored to recover, or has recovered, possession of a rental unit in violation of Section 37.9, within specified timeframes and guidelines, including the further amendment moved by Supervisor Peskin. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 3: amendment - Action: City and County of San Francisco Page 520 Printed at 5:19 pm on 9/6/17 Board of Supervisors Meeting Minutes 6/27/2017 Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) regarding 'Filing of Buyout Agreements.' The motion FAILED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Yee - Noes: Breed, Cohen, Farrell, Safai, Sheehy, Tang - Vote 4: rescission - Action: Supervisor Peskin, seconded by Supervisor Tang, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 5: rescission - Action: Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) that reads ‘Filing of Buyout Agreements. The landlord shall file a copy of the Buyout Agreement with the Rent Board no sooner than the 46th day after the Buyout Agreement is executed by all parties, and no more than 59 days after the agreement is executed by all parties. Any waiver of rights by a tenant in a Buyout Agreement executed on or after January 1, 2018, that is not filed with the Rent Board within 59 days after execution shall not be enforceable. Buyout agreements rescinded under subsection (g) need not be filed with the Rent Board.’ The motion FAILED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Yee - Noes: Breed, Cohen, Farrell, Safai, Sheehy, Tang - Vote 6: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170417: Administrative Code - Owner Move-In Evictions and Other Landlord-Tenant Matters - Pages: 16 ### File 170702: Fee Waiver - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue - Pages: 16-17 - Vote 1: first-reading - Action: 170702 [Fee Waiver - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving a fee waiver under Building Code, Section 106A.4.13, for LMC San Francisco I Holdings, LLC’s project at 1515 South Van Ness Avenue; and adopting findings under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170767: Supporting California State Assembly Bill 186 (Eggman, Wiener, and Friedman) - Controlled Substances: Safer Drug Consumption Program - Pages: 17-18 ### File 170770: Supporting the Protection of Designated National Marine Sanctuaries - Pages: 18 - Vote 1: adoption, likely final - Action: 170770 [Supporting the Protection of Designated National Marine Sanctuaries] Sponsors: Fewer; Peskin, Yee, Kim, Ronen, Tang and Safai Resolution supporting the protection of designated National Marine Sanctuaries, along the California coast, against the threat of offshore oil exploration and drilling. Supervisors Kim, Ronen, Tang, and Safai requested to be added as co-sponsors. Resolution No. 272-17 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee - Excused: Tang ### File 170781: Administrative Code - Maya Angelou Statue at Main Library - City Policy Regarding Depiction of Women on City Property - Women’s Recognition Public Art Fund - Pages: 18-19 ### File 170553: Public Works Code - Waiver of Temporary Street Space Occupancy Fee for Small Business Week Sidewalk Sales - Pages: 19 ### File 170782: Planning Code, Zoning Map - Rezoning 1990 Folsom Street - Pages: 19 ### File 170763: Environment Code - Antibiotic Use in Food Animals - Pages: 19 ### File 170783: Extending Interim Zoning Controls - Indoor Agriculture - Pages: 19-20 ### File 170784: Resolution to Establish - Japantown Community Benefit District - Pages: 20 ### File 170785: Asking Saves Kids Day - June 21, 2017 - Pages: 20 ### File 170786: Recognizing the 35th Anniversary of the Murder of Vincent Chin - Pages: 20 ### File 170787: Urging the Recreation and Park Commission to Consider Naming the New Park at 2080 Folsom Street "In Chan Kaajal Park" - Pages: 20 ### File 170788: Hearing - Institutional Housing for Seniors - Pages: 20-21 ### File 170750: General Plan Amendments - One Oak Street Project - Pages: 21 ### File 170751: Planning Code, Zoning Map - One Oak Street Project - Pages: 21 ### File 170752: Settlement of Lawsuit - Zhen Qiang Zhang - $75,000 - Pages: 21-22 ### File 170753: Settlement of Lawsuit - Pedro Figueroa Zarceno - $190,000 - Pages: 22 ### File 170754: Settlement of Lawsuit - Stuart Kohler - $75,000 - Pages: 22 ### File 170755: Planning Code - Landmark Designation - 2117-2123 Market Street (aka New Era Hall) - Pages: 22 ### File 170757: Real Property License - American Towers LLC - Communications Services Facilities on San Bruno Mountain in Daly City - $22,800 Total Annual Initial Year Base Rent - Pages: 22-23 ### File 170758: Purchase and Sale Agreement - Timothy Su and Lan Fong Chen - 7484 Sheridan Road, Sunol, CA - $3,550,000 - Pages: 23 ### File 170759: Real Property Lease - Various Owners - 170-9th Street - $1,256,250 in Initial Year - Pages: 23-24 ## Extracted text ### [Page 1](https://sfbos.info/documents/450/2017-06-27-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, June 27, 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 10:00 AM Budget and Finance Federal Select Committee Thursday Supervisors Cohen, Sheehy, Fewer 1:00 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 2:00 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 112 Number 22 ### [Page 2](https://sfbos.info/documents/450/2017-06-27-minutes#page-2) Board of Supervisors Meeting Minutes 6/27/2017 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, June 27, 2017, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Breed called the meeting to order at 2:03 p.m. On the call of the roll, Supervisor Tang was noted not present. There was a quorum. COMMUNICATIONS There were no communications. Supervisor Tang was noted present at 2:04 p.m. APPROVAL OF MEETING MINUTES President Breed inquired whether any Board Member had any corrections to the Board Meeting Minutes of May 16, 2017. There were no corrections. Supervisor Ronen, seconded by Supervisor Sheehy, moved to approve the Board Meeting Minutes of May 16, 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. CONSENT AGENDA Recommendations of the Government Audit and Oversight Committee 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) PASSED ON FIRST READING City and County of San Francisco Page 507 Printed at 5:19 pm on 9/6/17 ### [Page 3](https://sfbos.info/documents/450/2017-06-27-minutes#page-3) Board of Supervisors Meeting Minutes 6/27/2017 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 170644 [Settlement of Lawsuit - Ambac Assurance Corp. and Ambac Financial Group Inc. - City to Receive $679,202] Ordinance authorizing a settlement of the lawsuit filed by the City and County of San Francisco against Ambac Assurance Corp. and its affiliate, Ambac Financial Group Inc. for $679,202; the lawsuit was filed on October 8, 2008, in San Francisco Superior Court, Case No. CGC-08-480708; entitled City and County of San Francisco v. Ambac Financial Group Inc., et al.; the lawsuit involves breach of contract, fraud and antitrust claims against bond insurance companies; this partial settlement applies only to claims against the two Ambac entities. (City Attorney) PASSED ON FIRST READING 170645 [Settlement of Lawsuit - United Airlines, Inc. - City to Receive $165,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against United Airlines, Inc. for $165,000; the lawsuit was filed on August 2, 2016, in San Mateo County Superior Court, Case No. 16CIV00748, entitled City and County of San Francisco v. United Airlines, Inc., and removed to the United States District Court for the Northern District of California on September 13, 2016, Case No. 3:16-cv-05234-MEJ; the lawsuit involves claims against United Airlines, Inc. for negligence and breach of contract for causing damage to City-owned computer equipment; other material terms of the settlement are each side to bear its own fees and costs, the City will dismiss its complaint with prejudice, and the parties will enter into mutual releases. (City Attorney) PASSED ON FIRST READING City and County of San Francisco Page 508 Printed at 5:19 pm on 9/6/17 ### [Page 4](https://sfbos.info/documents/450/2017-06-27-minutes#page-4) Board of Supervisors Meeting Minutes 6/27/2017 170465 [Settlement of Unlitigated Claim - T-Mobile West, LLC - $500,000] Resolution approving the settlement of the unlitigated claim filed by T-Mobile West, LLC against the City and County of San Francisco for $500,000; the claim was filed on August 7, 2015; the claim involves a refund of utility users taxes (telephone users taxes) and access line taxes. (City Attorney) Resolution No. 262-17 ADOPTED 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) Resolution No. 263-17 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Land Use and Transportation Committee 170554 [Amending Ordinance No. 1061 - Sidewalk Width Change - Southeast Corner of Mission and First Streets, First Street, and Fremont Street] Sponsor: Kim Ordinance amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks," to change the official sidewalk width of certain locations along First Street southeast of Mission Street, along Mission Street between First and Fremont Streets, and along Fremont Street southeast of Mission Street, and creating a new sidewalk bulb-out at the east corner of First and Mission Streets; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 141-17 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 509 Printed at 5:19 pm on 9/6/17 ### [Page 5](https://sfbos.info/documents/450/2017-06-27-minutes#page-5) Board of Supervisors Meeting Minutes 6/27/2017 Recommendation of the Public Safety and Neighborhood Services Committee 170441 [Health Code - Banning the Sale of Flavored Tobacco Products] Sponsors: Cohen; Safai, Breed, Farrell, Sheehy, Tang and Yee Ordinance amending the Health Code to prohibit tobacco retailers from selling flavored tobacco products, including menthol cigarettes. (Economic Impact) Ordinance No. 140-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee NEW BUSINESS Recommendations of the Budget and Finance Committee 170444 [Administrative Code - Kindergarten to College Fund] Sponsor: Sheehy Ordinance amending the Administrative Code to create the Kindergarten to College Fund. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170673 [Re-Appropriation - 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B Projects - $26,200,000 - FY2017-2018] Sponsor: Mayor Ordinance re-appropriating $26,200,000 of 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B funded Better Market Street projects and Muni Forward and Pedestrian Safety Improvements Projects to Transit projects including Muni Facility Upgrades in FY2017-2018. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 510 Printed at 5:19 pm on 9/6/17 ### [Page 6](https://sfbos.info/documents/450/2017-06-27-minutes#page-6) Board of Supervisors Meeting Minutes 6/27/2017 170675 [Appropriation - Airport Hotel Project of $70,060,000 and Re-Appropriation - Hotel Special Facility Revenue Bond of $25,000,000 - Airport Commission - FY2016-2017] Sponsor: Mayor Ordinance appropriating $70,060,000, consisting of $35,000,000 of proceeds from the sale of Airport Capital Plan Bonds and $60,000 from fund balance, and $35,000,000 of proceeds transfer from Hotel Special Facility Revenue Bonds, to support San Francisco International Airport Hotel Project and placing $70,000,000 on Controller’s Reserve pending receipt of proceeds of indebtedness; and de-appropriating and re-appropriating $25,000,000 of Hotel Special Facility Revenue Bonds. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed requested File Nos. 170677 and 170678 be called together. 170677 [Appropriation - Proceeds from Water Enterprise Revenue Bonds - Property Purchase Located at Rollins Road - FY2017-2018 - $9,132,962] Sponsor: Mayor Ordinance appropriating $9,132,962 of proceeds from Water Enterprise Revenue Bonds to purchase the property located at 1657-1663 Rollins Road, Burlingame that has served as the primary work location for San Francisco Public Utilities Commission (SFPUC) staff from the Water Quality Division, the Natural Resources & Land Management Division, and the Water Supply & Treatment Division in FY2017-2018; and placing $9,132,962 of proceeds on Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170678 [Ordinance Amendment - Public Utilities Commission - Water Revenue Bond Issuance - Not to Exceed $274,130,430] Sponsor: Mayor Ordinance amending Ordinance No. 112-16 to authorize an increase of the issuance and sale of tax-exempt or taxable Water Revenue Bonds and other forms of indebtedness (as described below) by the San Francisco Public Utilities Commission (Commission) to an aggregate principal amount not to exceed $274,130,430 to finance the costs of various capital water projects benefitting the Water Enterprise, including new funding to finance the cost of the acquisition of the Rollins Road Property (as described below) 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; authorizing the issuance of Water Revenue Refunding Bonds; declaring the Official Intent of the Commission to reimburse itself with one or more issues of tax-exempt or taxable bonds or other forms of indebtedness; and ratifying previous actions taken in connection therewith. (Public Utilities Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 511 Printed at 5:19 pm on 9/6/17 ### [Page 7](https://sfbos.info/documents/450/2017-06-27-minutes#page-7) Board of Supervisors Meeting Minutes 6/27/2017 170422 [Real Property Acquisition - 145-165-11th Street, 973 Minna Street, and 964 Natoma Street - Recreation and Park Department - $9,725,000] Sponsor: Kim Resolution approving and authorizing an agreement for the City’s acquisition of five parcels of improved real estate, consisting of approximately 19,500 square feet in land area, including the assumption of certain existing leases, from Ares Commercial Properties, Inc., for $9,725,000; placing the property under the jurisdiction of the Recreation and Park Department, and authorizing the use of revenues from the property for property-related costs and future park planning; adopting findings under the California Environmental Quality Act for the acquisition, but requiring any future park conversion project to be subject to the review and approval of the Recreation and Park Commission following environmental review; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of the purchase agreement and this Resolution. (Fiscal Impact) Resolution No. 261-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed requested File Nos. 170589 and 170590 be called together. 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) Resolution No. 264-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) Resolution No. 265-17 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 512 Printed at 5:19 pm on 9/6/17 ### [Page 8](https://sfbos.info/documents/450/2017-06-27-minutes#page-8) Board of Supervisors Meeting Minutes 6/27/2017 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) Resolution No. 266-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170647 [Outreach Community Advertising and Neighborhood Outreach Advertising - Small Business Exchange; Sing Tao Daily; World Journal SF LLC; El Reportero; Bay Area Reporter; The Potrero View; Jasmine Blue Media, dba Marina Times - FY2017-2018] Resolution designating Small Business Exchange to be the outreach periodical of the City and County of San Francisco for the African American community; Sing Tao Daily and World Journal SF LLC to be the outreach periodical of the City and County of San Francisco for the Chinese community; El Reportero to be the outreach periodical of the City and County of San Francisco for the Hispanic community; Bay Area Reporter to be the outreach periodical of the City and County of San Francisco for the Lesbian, Gay, Bisexual and Transgender community; The Potrero View to be the neighborhood outreach periodical of the City and County of San Francisco for the Potrero Hill, Bayview, Mission Bay and SoMa neighborhoods; and Jasmine Blue Media, dba Marina Times, to be the neighborhood outreach periodical of the City and County of San Francisco for the Marina and Cow Hollow neighborhoods; to provide outreach advertising for FY2017-2018. (Office of Contract Administration) Resolution No. 267-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170648 [Official Advertising - San Francisco Print Media Co., dba San Francisco Examiner - FY2017-2018] Resolution designating San Francisco Print Media Co., dba San Francisco Examiner, to be the official newspaper of the City and County of San Francisco for all official advertising for FY2017-2018. (Office of Contract Administration) Resolution No. 268-17 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 513 Printed at 5:19 pm on 9/6/17 ### [Page 9](https://sfbos.info/documents/450/2017-06-27-minutes#page-9) Board of Supervisors Meeting Minutes 6/27/2017 170696 [Airport Commission Capital Plan Bonds - New Authorized Aggregate Principal Amount of $278,000,000 - Airport Commission Special Facility Bonds - New Authorized Aggregate Principal Amount of $260,000,000 - Airport Hotel Financing] Resolution approving the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Capital Plan Bonds, for a new authorized aggregate principal amount of $278,000,000 and the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Special Facility Bonds, for a new authorized aggregate principal amount of $260,000,000 to finance a hotel at the San Francisco International Airport. (Airport Commission) (Fiscal Impact) Resolution No. 269-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170698 [Agreement Amendment - California Department of Health Care Services - Whole Person Care Pilot Expansion] Resolution authorizing the Director of Health to sign an amended agreement with the California Department of Health Care Services for expansion of the Whole Person Care Pilot to fund coordination of health, behavioral health, and social services in a patient-centered manner with the goal of improved beneficiary health and wellbeing through more efficient and effective use of resources. (Public Health Department) Resolution No. 256-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170699 [Contract Renewal - Community Behavioral Health Services - Mental Health Services] Resolution retroactively approving Performance Contract No. 16-93139, between Community Behavioral Health Services and the Department of Health Care Services, incorporating the Mental Health Services Act, Projects for Assistance in Transition from Homelessness, the Mental Health Plan, and Community Mental Health Services Grant for the period of July 1, 2016, through June 30, 2017. (Public Health Department) Resolution No. 257-17 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 514 Printed at 5:19 pm on 9/6/17 ### [Page 10](https://sfbos.info/documents/450/2017-06-27-minutes#page-10) Board of Supervisors Meeting Minutes 6/27/2017 Recommendations of the Government Audit and Oversight Committee 170350 [Police, Administrative Codes - Employer Consideration of Applicant’s Salary History] Sponsors: Farrell; Tang, Ronen, Cohen, Breed and Peskin Ordinance amending the Police and Administrative Codes to ban employers, including City contractors and subcontractors, from considering current or past salary of an applicant in determining whether to hire an applicant or what salary to offer the applicant, and from asking applicants about their current or past salary; to prohibit employers, including City contractors and subcontractors, from disclosing a current or former employee’s salary history without that employee’s authorization unless the salary history is publicly available; authorizing the Office of Labor Standards Enforcement to implement and enforce these provisions; and authorizing the City to bring a civil action against an employer for violations. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170705 [Assessment Ballot for a City-Owned Parcel - Japantown Community Benefit District] Sponsor: Breed Resolution authorizing the Mayor, or his designee, to cast an assessment ballot in the affirmative on behalf of the City and County of San Francisco, as the owner of one parcel of real property over which the Board of Supervisors has jurisdiction that would be subject to assessment in the proposed property and business improvement district to be named the Japantown Community Benefit District. Resolution No. 270-17 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 515 Printed at 5:19 pm on 9/6/17 ### [Page 11](https://sfbos.info/documents/450/2017-06-27-minutes#page-11) Board of Supervisors Meeting Minutes 6/27/2017 Recommendation of the Land Use and Transportation Committee 161351 [Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements] Sponsors: Breed; Kim, Peskin, Safai 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; 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. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 23, by striking ‘January 1, 2013’ and adding ‘January 12, 2016’; on Page 14, Line 14, by adding ‘affordable’ after ‘construction of’; on Page 15, Line 7, by adding ‘in its sole and absolute discretion, and within the legal allowances of the Residential Nexus’, and Line 23, by adding ‘affordable’ after ‘constructing’, and ‘including development and acquisition costs’ after ‘housing’; and on Page 16, Line 13, Page 29, Line 23, and Page 39, Line 21, by adding ‘The applicable amount of the inclusionary housing fee or percentage required for the on-site or off-site alternatives shall be determined based upon the date that the project sponsor has submitted a complete Environmental Evaluation application.’ before ‘In the event’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 516 Printed at 5:19 pm on 9/6/17 ### [Page 12](https://sfbos.info/documents/450/2017-06-27-minutes#page-12) Board of Supervisors Meeting Minutes 6/27/2017 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Fewer, seconded by Supervisor Kim, 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 Fewer introduced, welcomed, and presented a Certificate of Honor to Sammie Ablaza Wills, on behalf of API Equality, in honor of LGBTQ Pride Month and in recognition of their many accomplishments educating, organizing, and advocating for the LGBTQ API community. Supervisor Kim introduced, welcomed, and presented a Certificate of Honor to Josue Arguelles (Young Workers United, Pride at Work, and Jobs with Justice) in honor of LGBTQ Pride Month and in recognition of their many accomplishments and continued community support. Supervisor Ronen shared in this commendation. Supervisor Cohen introduced, welcomed, and presented a Certificate of Honor to Dr. Rochelle Dicker, of the Wraparound Project, on the occasion of her retirement and in recognition of her many accomplishments combatting the revolving door of violent injuries by partnering with community-based organizations to address the root causes of violence. Supervisor Tang introduced, welcomed, and presented a Certificate of Honor to Sue Lee, Executive Director (Chinese Historical Society of America), on the occasion of her retirement and in recognition of her many accomplishments promoting the contributions and legacy of the Chinese in America through exhibitions, publications, and education and public programs. Supervisor Ronen introduced, welcomed, and presented a Certificate of Honor to Dr. May Fung Mei Tam, a dedicated volunteer with the San Francisco Community Empowerment Center, in recognition of her many accomplishments providing support services and education to build a sense of community and belonging. City and County of San Francisco Page 517 Printed at 5:19 pm on 9/6/17 ### [Page 13](https://sfbos.info/documents/450/2017-06-27-minutes#page-13) Board of Supervisors Meeting Minutes 6/27/2017 SPECIAL ORDER 3:00 P.M. President Breed requested File Nos. 170638, 170639, 170640, and 170641 be called together. 170638 [Hearing - Appeal of Determination of Exemption From Environmental Review - Proposed SFMTA-13th Street Eastbound Bicycle Facility Project] Hearing of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on April 10, 2017, for the San Francisco Municipal Transportation Agency's proposed 13th Street Eastbound Bicycle Facility Project, to remove one travel lane along eastbound 13th Street, relocate and remove existing on-street parking, restripe portions of the street, change color of curbs, install signs within the project limits, and install painted bicycle boxes at the intersections of Folsom and 13th Streets, Harrison and 13th Streets, and Bryant and 13th Streets. (Districts 6 and 9) (Appellant: Mary Miles, on behalf of the Coalition for Adequate Review) (Filed May 18, 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. Mary Miles (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Marlena Byrne (Office of the City Attorney) and Wade Wietgrefe (Planning Department) provided additional information and answered questions raised throughout the discussion. Wade Wietgrefe (Planning Department), Jennifer Wong (Municipal Transportation Agency), and Christopher Espiritu (Planning Department) provided an overview of the decisions of the Planning Department and responded to questions raised throughout the discussion. Charles Deffarges (San Francisco Bicycle Coalition); David Mischel; Female Speaker; Hana O’Neill; spoke in support of the project and in opposition to the appeal. Mary Miles (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. President Breed closed public comment and declared the public hearing heard and filed. HEARD AND FILED 170639 [Affirming the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion affirming the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M17-106 Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170640 [Conditionally Reversing the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion conditionally reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 518 Printed at 5:19 pm on 9/6/17 ### [Page 14](https://sfbos.info/documents/450/2017-06-27-minutes#page-14) Board of Supervisors Meeting Minutes 6/27/2017 170641 [Preparation of Findings to Reverse the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee COMMITTEE REPORTS Recommendations of the Land Use and Transportation Committee 170296 [Planning Code, Zoning Map - Corona Heights Large Residence Special Use District] Sponsor: Sheehy Ordinance amending the Planning Code and Sectional Maps SU06 and SU07 of the Zoning Map to create the Corona Heights Large Residence Special Use District (the area within a perimeter established by Market Street, Clayton Street, Ashbury Street, Clifford Terrace, Roosevelt Way, Museum Way, the eastern property line of Assessor's Parcel Block No. 2620, Lot No. 063, the eastern property line of Assessor's Parcel Block No. 2619, Lot No. 001A, and Douglass Street; and in addition, all additional parcels fronting States Street), to promote and enhance neighborhood character and affordability by requiring Conditional Use authorization for large residential developments in the district; 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 necessity, convenience, and welfare under Planning Code, Section 302. 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 519 Printed at 5:19 pm on 9/6/17 ### [Page 15](https://sfbos.info/documents/450/2017-06-27-minutes#page-15) Board of Supervisors Meeting Minutes 6/27/2017 170349 [Administrative Code - Owner Move-In Reporting Requirements] Sponsors: Farrell; Sheehy, Cohen and Breed Ordinance amending the Administrative Code regarding owner move-in and relative move-in (“OMI”) evictions to require a landlord seeking to recover possession of a unit for an OMI to provide a declaration under penalty of perjury stating that the landlord intends to occupy the unit for use as the principal place of residence of the landlord or the landlord’s relative for at least 36 continuous months; require a landlord to provide the tenant with a form prepared by the Rent Board to be used to advise the Rent Board of any change in address; clarify the evidentiary standard for finding that an OMI was not performed in good faith; require a landlord to file documentation with the Rent Board regarding the status of an OMI, with a penalty for not filing such documentation, and requiring the Rent Board to transmit a random sampling of such documentation to the District Attorney; extend from three to five years the time period after an OMI during which a landlord who intends to re-rent the unit must first offer the unit to the displaced tenant; provide that a landlord who charges above the maximum allowable rent during the five-year period after an OMI is guilty of a misdemeanor; require the Rent Board to annually notify the unit occupant of the maximum rent for the unit for five years after an OMI, and authorize the occupant to sue for three times any excess rent charged; extend the statute of limitations for wrongful eviction claims based on an unlawful OMI from one year to five years; and making clarifying changes. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Sheehy, seconded by Supervisor Farrell, moved to AMEND the Ordinance by adding a new Section 37.11A(b). Before the vote was taken, Supervisor Peskin made a motion to further amend the motion. Supervisor Peskin, seconded by Supervisor Ronen, moved that the motion made by Supervisor Sheehy be AMENDED by striking the proposed language ‘Such action shall be brought no later than five years after (1) the date the landlord files the first statement of occupancy with the Rent Board under Section 37.9(a)(8)(vii) or (2) three months after the landlord recovers possession, whichever is earlier.’ and adding ‘Such action shall be filed within three years after an affected tenant knew, or through the exercise of reasonable diligence should have known, of the facts constituting the violation.’ The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Sheehy, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 15, Line 5, by adding a new Section 37.11A(b) to provide that any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4), that has a primary mission of protecting the rights of tenants in San Francisco, may bring a civil action for injunctive relief and/or damages against a landlord who has wrongfully endeavored to recover, or has recovered, possession of a rental unit in violation of Section 37.9, within specified timeframes and guidelines, including the further amendment moved by Supervisor Peskin. 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 520 Printed at 5:19 pm on 9/6/17 ### [Page 16](https://sfbos.info/documents/450/2017-06-27-minutes#page-16) Board of Supervisors Meeting Minutes 6/27/2017 Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) regarding 'Filing of Buyout Agreements.' The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Peskin, Ronen, Yee Noes: 6 - Breed, Cohen, Farrell, Safai, Sheehy, Tang Supervisor Peskin, seconded by Supervisor Tang, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) that reads ‘Filing of Buyout Agreements. The landlord shall file a copy of the Buyout Agreement with the Rent Board no sooner than the 46th day after the Buyout Agreement is executed by all parties, and no more than 59 days after the agreement is executed by all parties. Any waiver of rights by a tenant in a Buyout Agreement executed on or after January 1, 2018, that is not filed with the Rent Board within 59 days after execution shall not be enforceable. Buyout agreements rescinded under subsection (g) need not be filed with the Rent Board.’ The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Peskin, Ronen, Yee Noes: 6 - Breed, Cohen, Farrell, Safai, Sheehy, Tang PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170417 [Administrative Code - Owner Move-In Evictions and Other Landlord-Tenant Matters] Sponsors: Peskin; Kim and Ronen Ordinance amending the Administrative Code regarding owner and relative move-in (“OMI”) evictions to require a landlord seeking to recover possession of a unit for an OMI to provide the tenant with an approved form to advise the Rent Board of address changes; clarify the evidentiary standard for finding that an OMI was performed in good faith; require a landlord to file documentation with the Rent Board regarding the status of the OMI, with a penalty for not filing such documentation, and requiring the Rent Board to transmit a random sampling of such documentation to the District Attorney; extend from three to five years the time period after an OMI during which a landlord who intends to re-rent the unit must first offer the unit to the displaced tenant; authorize a tenant who has been charged excess rent within five years after an OMI to sue for treble damages; as to matters not limited to OMI evictions, provide that a landlord’s failure to timely file a copy of the notice to vacate with the Rent Board is a defense in an unlawful detainer proceeding; provide that a tenant waiver of rights in a buyout agreement is not enforceable if the buyout is not timely filed with the Rent Board; extend from one to three years the statute of limitations for wrongful eviction claims; authorize interested non-profit organizations to sue for wrongful eviction and collection of excess rent; and making clarifying changes. This item was not sent as a Committee Report. 170702 [Fee Waiver - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving a fee waiver under Building Code, Section 106A.4.13, for LMC San Francisco I Holdings, LLC’s project at 1515 South Van Ness Avenue; and adopting findings under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 521 Printed at 5:19 pm on 9/6/17 ### [Page 17](https://sfbos.info/documents/450/2017-06-27-minutes#page-17) Board of Supervisors Meeting Minutes 6/27/2017 ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. Appointment of President Pro Tempore At the request of President Breed, Supervisor Safai assumed the chair at 6:07 p.m. The President resumed the chair at 6:15 p.m. PUBLIC COMMENT Abdalla Megahed; shared concerns regarding violence in the Tenderloin. Ace Washington; shared concerns regarding conflict resolution and transparency. Ned Nergey; invited the Board to an event on July 18, 2017, at the War Memorial Building regarding the new China Belt and Road Initiative. Bryan Barajas (LaRouche PAC); spoke in support of the new China Belt and Road Initiative. Eileen Boken; spoke in support of the Resolution supporting the protection of designated national marine sanctuaries (File No. 170770). Andrew Yip; shared his various thoughts and experiences with the Board. Male Speaker; shared various religious concerns. Male Speaker; shared concerns regarding homophobia. Tom Gilberty; shared concerns regarding affordable housing and the progression of the political climate through news article. Supervisor Tang was noted absent at 6:34 p.m. and for the remainder of the meeting. Supervisor Tang Excused from Attendance Supervisor Farrell, seconded by Supervisor Kim, moved that Supervisor Tang be excused beginning at 6:40 p.m. and for the remainder of the meeting. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Excused: 1 - Tang FOR ADOPTION WITHOUT COMMITTEE REFERENCE 170767 [Supporting California State Assembly Bill 186 (Eggman, Wiener, and Friedman) - Controlled Substances: Safer Drug Consumption Program] Sponsor: Breed Resolution supporting California State Assembly Bill 186, introduced by Assembly Member Susan Eggman, authored by Senator Scott Wiener and Assembly Member Laura Friedman, which would authorize specified counties or cities within those counties to authorize the operation of supervised injection services programs for adults that satisfies specified requirements. Resolution No. 271-17 ADOPTED City and County of San Francisco Page 522 Printed at 5:19 pm on 9/6/17 ### [Page 18](https://sfbos.info/documents/450/2017-06-27-minutes#page-18) Board of Supervisors Meeting Minutes 6/27/2017 170770 [Supporting the Protection of Designated National Marine Sanctuaries] Sponsors: Fewer; Peskin, Yee, Kim, Ronen, Tang and Safai Resolution supporting the protection of designated National Marine Sanctuaries, along the California coast, against the threat of offshore oil exploration and drilling. Supervisors Kim, Ronen, Tang, and Safai requested to be added as co-sponsors. Resolution No. 272-17 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Excused: 1 - Tang IMPERATIVE AGENDA There were no imperative agenda items. 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 170781 [Administrative Code - Maya Angelou Statue at Main Library - City Policy Regarding Depiction of Women on City Property - Women’s Recognition Public Art Fund] Sponsor: Farrell Ordinance directing the Arts Commission to erect a statue of Maya Angelou at the Main Library; setting a City policy that at least 30% of nonfictional figures depicted or commemorated in statues and other works of art on City-owned property, public building names, and street names, be women; amending the Administrative Code to create a fund to accept gifts to pay for the design, construction, repair, maintenance, and improvement of public art depicting historically significant women on City property; and affirming the Planning Department’s determination under the California Environmental Quality Act. 06/27/17; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 7/27/2017. City and County of San Francisco Page 523 Printed at 5:19 pm on 9/6/17 ### [Page 19](https://sfbos.info/documents/450/2017-06-27-minutes#page-19) Board of Supervisors Meeting Minutes 6/27/2017 170553 [Public Works Code - Waiver of Temporary Street Space Occupancy Fee for Small Business Week Sidewalk Sales] Sponsor: Fewer Ordinance waiving the fee required by Public Works Code, Section 724.1(b) for temporary street space occupancy permits on certain City streets on Saturday, May 20, 2017, as part of Small Business Week sidewalk sales. 05/09/17; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Sub-Committee, expires on 6/8/2017. 06/27/17; SUBSTITUTED AND ASSIGNED to Budget and Finance Sub-Committee. 170782 [Planning Code, Zoning Map - Rezoning 1990 Folsom Street] Sponsor: Ronen Ordinance amending the Planning Code by revising the Zoning Map to change the zoning designation of 1990 Folsom Street from a use designation of Production, Distribution, and Repair-General and a height and bulk designation of 58-X to a use designation of Urban Mixed Use and a height and bulk designation of 90-X; affirming the Planning Commission’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. 06/27/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 7/27/2017. 170763 [Environment Code - Antibiotic Use in Food Animals] Sponsor: Sheehy Ordinance amending the Environment Code to require certain retailers of raw meat and poultry to report the use of antibiotics in such products to the Department of the Environment, and require City departments to report the use of antibiotics in raw meat and poultry purchased by the City to the Department of the Environment. 06/20/17; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 7/20/2017. 06/26/17; REFERRED TO DEPARTMENT. 06/27/17; SUBSTITUTED AND ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee. Resolutions 170783 [Extending Interim Zoning Controls - Indoor Agriculture] Sponsor: Mayor Resolution extending interim zoning controls to require conditional use authorization for indoor agriculture uses, as defined in Planning Code, Section 102, and other indoor agriculture uses in Production, Distribution and Repair zoning districts; making findings of consistency with the eight priority policies of Planning Code, Section 101.1; and affirming the Planning Department’s determination under the California Environmental Quality Act. 06/27/17; ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 524 Printed at 5:19 pm on 9/6/17 ### [Page 20](https://sfbos.info/documents/450/2017-06-27-minutes#page-20) Board of Supervisors Meeting Minutes 6/27/2017 170784 [Resolution to Establish - Japantown Community Benefit District] Sponsor: Breed Resolution of formation to establish the property-based business improvement district to be known as the “Japantown Community Benefit District,” ordering the levy and collection of assessments against property located in that district for ten years commencing with FY2017-2018, subject to conditions as specified; and making environmental findings. 06/27/17; RECEIVED AND ASSIGNED to Board of Supervisors. 170785 [Asking Saves Kids Day - June 21, 2017] Sponsor: Farrell Resolution recognizing Brady Campaign’s ASK (Asking Saves Kids) Campaign, which promotes a plan to prevent more children from dying due to access to unlocked guns by asking parents if there is an unlocked gun where their child is playing, and declaring June 21, 2017, as Asking Saves Kids Day in the City and County of San Francisco. 06/27/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 170786 [Recognizing the 35th Anniversary of the Murder of Vincent Chin] Sponsors: Fewer; Peskin, Tang, Ronen, Cohen, Yee and Kim Resolution recognizing the 35th anniversary of the murder of Vincent Chin, and declaring the City and County of San Francisco’s support of Asian American communities against racialized hate and violence. 06/27/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 170787 [Urging the Recreation and Park Commission to Consider Naming the New Park at 2080 Folsom Street "In Chan Kaajal Park"] Sponsor: Ronen Resolution urging the Recreation and Park Commission to name the new park located at 2080 Folsom Street, on 17th and Folsom Streets, as "In Chan Kaajal Park." 06/27/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Request for Hearing 170788 [Hearing - Institutional Housing for Seniors] Sponsors: Yee; Peskin, Fewer, Sheehy, Ronen and Safai Hearing to consider the state of, and understand the efforts of City departments regarding, institutional housing, particularly assisted living, residential care facilities, and small beds for seniors in San Francisco; and requesting the Department of Aging and Adult Services, and Department of Public Health to report. 06/27/17; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. City and County of San Francisco Page 525 Printed at 5:19 pm on 9/6/17 ### [Page 21](https://sfbos.info/documents/450/2017-06-27-minutes#page-21) Board of Supervisors Meeting Minutes 6/27/2017 Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCES 170750 [General Plan Amendments - One Oak Street Project] Ordinance amending the General Plan by revising the height and bulk designations for the One Oak Street project, at the Van Ness Avenue / Oak Street / Market Street Intersection, Assessor’s Parcel Block No. 0836, Lot Nos. 001 and 005, on Map 3 of the Market and Octavia Area Plan and on Map 5 of the Downtown Area Plan; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 340. (Planning Commission) 06/16/17; RECEIVED FROM DEPARTMENT. 06/27/17; ASSIGNED to Land Use and Transportation Committee. 170751 [Planning Code, Zoning Map - One Oak Street Project] Ordinance amending the Planning Code by revising Sheet HT07 of the Zoning Map, to change the height and bulk district classification of Assessor’s Parcel Block No. 0836, portions of Lot Nos. 001 and 005, for the One Oak Project, at the Van Ness Avenue / Oak Street / Market Street Intersection, as follows: rezoning the eastern portion of the property, along Van Ness Avenue, located at Assessor’s Parcel Block No. 0836, Lot No. 001 (1500 Market Street), from 120/400-R-2 to 120-R-2; rezoning the central portion of the property, located at Assessor’s Parcel Block No. 0836, Lot No. 005 (1540 Market Street), from 120-R-2 to 120/400-R-2; affirming the Planning Commission’s determination under the California Environmental Quality Act; and making findings, including findings of public necessity, convenience and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) 06/16/17; RECEIVED FROM DEPARTMENT. 06/27/17; ASSIGNED to Land Use and Transportation Committee. 170752 [Settlement of Lawsuit - Zhen Qiang Zhang - $75,000] Ordinance authorizing settlement of the lawsuit filed by Zhen Qiang Zhang against the City and County of San Francisco for $75,000; the lawsuit was filed on November 13, 2014, in San Francisco Superior Court, Case No. CGC-14-542708; entitled Zhen Qiang Zhang v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) 06/16/17; RECEIVED FROM DEPARTMENT. 06/27/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 526 Printed at 5:19 pm on 9/6/17 ### [Page 22](https://sfbos.info/documents/450/2017-06-27-minutes#page-22) Board of Supervisors Meeting Minutes 6/27/2017 170753 [Settlement of Lawsuit - Pedro Figueroa Zarceno - $190,000] Ordinance authorizing settlement of the lawsuit filed by Pedro Figueroa Zarceno against the City and County of San Francisco for $190,000; the lawsuit was filed on January 17, 2017, in United States District Court for the Northern District of California, Case No. 17-cv-00229 JST; entitled Pedro Figueroa Zarceno v. City and County of San Francisco, et al.; the lawsuit involves unlawful arrest. (City Attorney) 06/16/17; RECEIVED FROM DEPARTMENT. 06/27/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 170754 [Settlement of Lawsuit - Stuart Kohler - $75,000] Ordinance authorizing settlement of the lawsuit filed by Stuart Kohler against the City and County of San Francisco for $75,000; the lawsuit was filed on November 8, 2016, in United States District Court, Case No. 16-CV-6502; entitled Stuart Kohler v. City and County of San Francisco et al.; the lawsuit involves alleged civil rights violations. (City Attorney) 06/16/17; RECEIVED FROM DEPARTMENT. 06/27/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 170755 [Planning Code - Landmark Designation - 2117-2123 Market Street (aka New Era Hall)] Ordinance amending the Planning Code to designate 2117-2123 Market Street (aka New Era Hall), in Assessor’s Parcel Block No. 3543, Lot No. 012, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; making public necessity, convenience and welfare 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. (Historic Preservation Commission) 06/13/17; RECEIVED FROM DEPARTMENT. 06/27/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 7/27/2017. PROPOSED RESOLUTIONS 170757 [Real Property License - American Towers LLC - Communications Services Facilities on San Bruno Mountain in Daly City - $22,800 Total Annual Initial Year Base Rent] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to enter into a communications site lease with American Towers LLC, as Landlord, for installation and maintenance of new microwave communications antennas, radio communications, and other general telecommunications facilities located at 300 Radio Road, in Daly City, San Mateo County, for an initial term of seven years with three additional renewal periods of five years, each at an initial rent of approximately $22,800 with four percent annual rent increases. (Public Utilities Commission) 06/16/17; RECEIVED FROM DEPARTMENT. 06/27/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. City and County of San Francisco Page 527 Printed at 5:19 pm on 9/6/17 ### [Page 23](https://sfbos.info/documents/450/2017-06-27-minutes#page-23) Board of Supervisors Meeting Minutes 6/27/2017 170758 [Purchase and Sale Agreement - Timothy Su and Lan Fong Chen - 7484 Sheridan Road, Sunol, CA - $3,550,000] Resolution approving and authorizing the execution of a Purchase and Sale Agreement with Timothy Su and Lan Fong Chen (together, “Buyer”) or Buyer’s assignee, for the sale by the City and County of San Francisco, acting though the San Francisco Public Utilities Commission, to Buyer of approximately 84 acres of improved real property located at 7484 Sheridan Road, Sunol, California for $3.55 million; adopting findings under the California Environmental Quality Act; adopting findings that the sale is consistent with the General Plan, and the priority policies of Planning Code, Section 101.1; and authorizing the Director of Property and/or the SFPUC’s General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Public Utilities Commission) 06/16/17; RECEIVED FROM DEPARTMENT. 06/27/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 170759 [Real Property Lease - Various Owners - 170-9th Street - $1,256,250 in Initial Year] Resolution approving a lease of approximately 25,125 square feet at 170-9th Street , with Michael E. Hornstein and Ellen F. Hornstein, Trustees of the Michael & Ellen Hornstein 1998 Revocable Trust, Jordan D. Hornstein and Emily F. Hornstein as Landlord, for the 12 year term expected to be from April 1, 2018, through March 31, 2030, for use by the Department of Homelessness and Supportive Housing at an initial annual rent of $1,256,250 with 3% annual increases with two five-year options to extend; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Department of Homelessness and Supportive Housing) (Fiscal Impact) 06/19/17; RECEIVED FROM DEPARTMENT. 06/27/17; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. In Memoriam Victoria Ann La Rocca - Supervisor Tang ADJOURNMENT There being no further business, the Board adjourned at the hour 6:41 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 September 5, 2017. City and County of San Francisco Page 528 Printed at 5:19 pm on 9/6/17 ### [Page 24](https://sfbos.info/documents/450/2017-06-27-minutes#page-24) Board of Supervisors Meeting Minutes 6/27/2017 Angela Calvillo, Clerk of the Board City and County of San Francisco Page 529 Printed at 5:19 pm on 9/6/17