# Board of Supervisors Minutes: October 24, 2017 - Meeting date: 2017-10-24 - Document type: minutes - Pages in official PDF: 28 - [Canonical HTML transcript](https://sfbos.info/documents/470/2017-10-24-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=570967&GUID=640B8214-62BD-429B-B9A2-FBDED68363CC) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 170739: Waiver of Banner Fee - APA Family Support Services - Pages: 2-3 ### File 170921: Administrative Code - Establish a Trial Local Business Enterprise Joint Venture and Core Discipline Incentive Program - Pages: 3 ### File 170944: Waiver of Banner Fee - Office of Economic and Workforce Development - Shop and Dine in the 49 Campaign - Pages: 3 ### File 170903: Settlement of Lawsuit - Andre Price, Kenneth Farris, Jr., Abdelaziz Aineb - $100,000 - Pages: 3 ### File 170924: Settlement of Lawsuit - Linda Chen - $350,000 - Pages: 3-4 ### File 170925: Settlement of Lawsuit - Peter Firestone - $50,000 - Pages: 4 ### File 170926: Settlement of Lawsuit - Daniel Levin, Maria Levin, Park Lane Associates, L.P., San Francisco Apartment Association, and Coalition for Better Housing - $259,800 - Pages: 4 ### File 170927: Settlement of Lawsuit - Pacific Rod & Gun Club - City to Receive $8,250,000 - Pages: 4 ### File 171033: Settlement of Lawsuit - Dora Delfi Mejia Jacobo - $50,000 - Pages: 4 ### File 171034: Settlement of Lawsuit - Tasha Spencer - $160,000 - Pages: 4-5 ### File 171035: Settlement of Unlitigated Claim - Kelli Grotzke - $78,193 - Pages: 5 ### File 171036: Settlement of Unlitigated Claim - Kacey Christie - $62,500 - Pages: 5 ### File 171037: Settlement of Unlitigated Claim - UBS Financial Services, Inc. - $125,266.48 - Pages: 5 ### File 170782: Planning Code, Zoning Map - Rezoning 1990 Folsom Street - Pages: 5 ### File 170835: Amending Ordinance No. 49-17 - 180 Jones Street Affordable Housing Fund - Pages: 5-6 - Vote 1: final-passage, likely final - Action: 170835 [Amending Ordinance No. 49-17 - 180 Jones Street Affordable Housing Fund] Sponsor: Kim Ordinance amending Ordinance No. 49-17 to change the timeline, for the first payment of $1,500,000 from the project sponsor of 950-974 Market Street to the 180 Jones Street Affordable Housing Fund, from "the issuance of the first construction document for that project or July 1, 2017, whichever comes first," to "the issuance of the first construction document." Ordinance No. 209-17 FINALLY PASSED City and County of San Francisco Page 784 Printed at 2:52 pm on 11/21/17 Board of Supervisors Meeting Minutes 10/24/2017 The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee - Absent: Sheehy ### File 170834: Planning Code - Inclusionary Affordable Housing Fee and Requirements - Pages: 6-7 - Vote 1: final-passage, likely final - Action: 170834 [Planning Code - Inclusionary Affordable Housing Fee and 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; to clarify Inclusionary Housing requirements in the Transbay C-3 Special Use District; 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. Ordinance No. 208-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170418: Planning Code - Commercial Uses in Polk Street and Pacific Avenue Neighborhood Commercial Districts; Technical and Other Amendments - Pages: 7 - Vote 1: final-passage, likely final - Action: CD and Polk NCD; 7) deem nonconforming uses in the Polk NCD to be discontinued after 18 months of non-use; 8) modify the maximum concentration of Eating and Drinking Uses in the Polk NCD; 9) prohibit massage establishment, chair/foot massage, and kennel uses in the Polk Street NCD; 10) restrict medical services in the Polk NCD and Pacific NCD; 11) prohibit storefront mergers in the Polk NCD; 12) require a dwelling unit mix in the Pacific NCD and Polk NCD; 13) prohibit the loss of residential units through demolition, merger, or conversion and allow division if it meets a dwelling unit mix requirement in the Polk NCD and Pacific NCD; 14) require Conditional Use authorization before replacing a legacy business in the Polk NCD and Pacific NCD; 15) correct, clarify, and simplify language in other Planning Code Sections; 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, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. Ordinance No. 205-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170860: Administrative Code - Displaced Tenant Preference in City Affordable Housing - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 170860 [Administrative Code - Displaced Tenant Preference in City Affordable Housing] Sponsor: Mayor Ordinance amending the Administrative Code to remove reference to a ten year residency requirement for the Displaced Tenant Preference in City Affordable Housing Programs; 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. 210-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170556: Park Code - Using Glass Beverage Containers in Parks - Pages: 8 - Vote 1: amendment - Action: 170556 [Park Code - Using Glass Beverage Containers in Parks] Sponsor: Sheehy Ordinance amending the Park Code to prohibit the use of glass beverage containers, with certain exceptions, in all City parks. Supervisor Sheehy, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170867: Environment Code - Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products - Pages: 8 - Vote 1: final-passage, likely final - Action: 170867 [Environment Code - Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products] Sponsors: Farrell; Peskin, Sheehy, Ronen, Fewer, Yee, Safai and Tang Ordinance amending the Environment Code to ban the sale in San Francisco of upholstered furniture and juvenile products made with or containing an added flame retardant chemical. Ordinance No. 211-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170993: Lower Polk Community Benefit District - Annual Report for FY2015-2016 - Pages: 8-9 - Vote 1: adoption, likely final - Action: 170993 [Lower Polk Community Benefit District - Annual Report for FY2015-2016] Sponsor: Peskin Resolution receiving and approving an annual report for the Lower Polk Community Benefit District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 392-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171017: Transbay Joint Powers Authority - Authorizing the Addition of the California High Speed Rail Authority as a New Member - Pages: 9 - Vote 1: amendment - Action: 171017 [Transbay Joint Powers Authority - Authorizing the Addition of the California High Speed Rail Authority as a New Member] Sponsor: Kim Resolution concurring with the recommendation of the Transbay Joint Powers Authority (“TJPA”) to add the California High Speed Rail Authority (“CHSRA”) as a New Member of the TJPA Board of Directors; authorizing the Mayor, or his/her designee, to execute an amendment to the TJPA Joint Powers Agreement and Bylaws to add the CHSRA as a new TJPA Board Member; and authorizing the Board of Supervisors to appoint one additional Director and one additional Alternate Director to serve on the Board of Directors of the TJPA. (Municipal Transportation Agency) (Supervisor Safai dissented in committee.) Supervisor Kim, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 22-24, by adding 'and, be it FURTHER RESOLVED, That the additional director and alternate director appointed by the Board of Supervisors shall have expertise in large, complex infrastructure funding, policy, and/or project delivery.' The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: adoption, likely final - Action: (Supervisor Safai dissented in committee.) Resolution No. 393-17 ADOPTED AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171044: Confirming Appointment, Redevelopment Successor Agency Oversight Board - Kenneth Bukowski - Pages: 9-10 - Vote 1: approval, likely final - Action: 171044 [Confirming Appointment, Redevelopment Successor Agency Oversight Board - Kenneth Bukowski] Motion confirming the mayoral appointment of Kenneth Bukowski to the Redevelopment Successor Agency Oversight Board (commonly known as the Commission on Community Investment and Infrastructure), term ending January 24, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: September 26, 2017) Motion No. M17-163 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171052: Confirming Appointment, Redevelopment Successor Agency Oversight Board - Lisa Motoyama - Pages: 10 - Vote 1: approval, likely final - Action: 171052 [Confirming Appointment, Redevelopment Successor Agency Oversight Board - Lisa Motoyama] Motion confirming the mayoral appointment of Lisa Motoyama to the Redevelopment Successor Agency Oversight Board (commonly known as the Commission on Community Investment and Infrastructure), term ending January 24, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: September 26, 2017) Motion No. M17-164 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: other - Action: President Breed requested File Nos. 171086 and 171087 be called together. Supervisor Fewer Excused from Voting Supervisor Farrell, seconded by Supervisor Kim, moved that Supervisor Fewer be excused from voting on File Nos. 171086 and 171087. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Fewer ### File 171086: Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Sandra Lee Fewer - Pages: 10 - Vote 1: approval, likely final - Action: 171086 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Sandra Lee Fewer] Motion appointing Supervisor Sandra Lee Fewer, term ending January 31, 2019, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M17-165 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Fewer ### File 171087: Appointment, Children and Families First Commission - Supervisor Sandra Lee Fewer - Pages: 10-11 - Vote 1: approval, likely final - Action: 171087 [Appointment, Children and Families First Commission - Supervisor Sandra Lee Fewer] Motion appointing Supervisor Sandra Lee Fewer, for an indefinite term, to the Children and Families First Commission. (Clerk of the Board) Motion No. M17-166 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Fewer - Vote 2: other - Action: City and County of San Francisco Page 789 Printed at 2:52 pm on 11/21/17 Board of Supervisors Meeting Minutes 10/24/2017 Supervisor Cohen Excused from Voting Supervisor Peskin, seconded by Supervisor Yee, moved that Supervisor Cohen be excused from voting on File No. 171088. The motion carried by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen ### File 171088: Appointment, California State Association of Counties - Supervisor Malia Cohen - Pages: 11 - Vote 1: approval, likely final - Action: 171088 [Appointment, California State Association of Counties - Supervisor Malia Cohen] Motion appointing Supervisor Malia Cohen, term ending December 2, 2018, to the California State Association of Counties. (Clerk of the Board) Motion No. M17-167 APPROVED by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen - Vote 2: other - Action: Supervisor Kim Excused from Voting Supervisor Ronen, seconded by Supervisor Yee, moved that Supervisor Kim be excused from voting on File No. 171089. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Kim ### File 171089: Appointment, City College Financial Assistance Fund Oversight Committee - Supervisor Jane Kim - Pages: 11-12 - Vote 1: approval, likely final - Action: 171089 [Appointment, City College Financial Assistance Fund Oversight Committee - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim, for an indefinite term, to the City College Financial Assistance Fund Oversight Committee. (Clerk of the Board) Motion No. M17-168 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Kim ### File 170964: Hearing - Committee of the Whole - Disclosure Responsibilities of Board of Supervisors Under Federal Securities Laws - October 24, 2017 - Pages: 13 ### File 171047: Hearing - Appeal of Final Environmental Impact Report Certification - Pier 70 Mixed-Use District - Pages: 13-14 ### File 171048: Affirming the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District - Pages: 14 - Vote 1: approval, likely final - Action: 171048 [Affirming the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Pier 70 Mixed-Use District Project. (Clerk of the Board) Motion No. M17-169 Supervisor Cohen, seconded by Supervisor Farrell, 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 171049: Conditionally Reversing the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District - Pages: 14 - Vote 1: tabling - Action: 171049 [Conditionally Reversing the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Pier 70 Mixed-Use District Project, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, 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 171050: Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District - Pages: 14-15 - Vote 1: tabling - Action: 171050 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the proposed Pier 70 Mixed-Use District Project. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be TABLED. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171127: Closed Session - Existing Litigation - October 24, 2017 - Pages: 15-16 - Vote 1: other - Action: 171127 [Closed Session - Existing Litigation - October 24, 2017] Closed Session for the Board of Supervisors to convene on October 24, 2017, for the purpose of conferring with, or receiving advice from, the City Attorney, under California Government Code, Section 54956.9(a), and Administrative Code, Section 67.10(d)(1), regarding the existing litigation in which the City is a defendant and appellee, American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association v. City and County of San Francisco, Ninth Circuit Court of Appeals Case Nos. 16-16072 and 16-16073, filed in the United States District Court for the Northern District of California on July 24, 2015; scheduled pursuant to Motion No. M17-161, approved October 17, 2017. (Clerk of the Board) Although a motion was not required, Supervisor Yee, seconded by Supervisor Ronen, moved to convene in closed session. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: other - Action: President declared public comment closed. CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:19 p.m. to convene in closed session pursuant to Motion No. M17-161, approved on October 17, 2017. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Persons in attendance: Jon Givner, Christine Van Aken, and Jeremy Goldman (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED IN OPEN SESSION The Board reconvened at the hour of 4:37 p.m. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Tang, seconded by Supervisor Farrell, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171010: Ordinance Amendment - Increasing the Public Utilities Commission Water Revenue Bond Issuance - Not to Exceed $286,730,430 - Pages: 16 - Vote 1: first-reading - Action: ce Amendment - Increasing the Public Utilities Commission Water Revenue Bond Issuance - Not to Exceed $286,730,430] Sponsor: Mayor Ordinance amending Ordinance No. 112-16, as amended by Ordinance No. 154-17, 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) in an aggregate principal amount not to exceed $286,730,430 to finance the costs of various capital water projects benefitting the Water Enterprise, including in addition to the purposes heretofore approved, certain Bioregional Habitat Restoration costs (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 171011: Appropriation - Proceeds from Water Enterprise Revenue Bonds - Long Term Monitoring Permit Program - $12,600,000 - FY2017-2018 - Pages: 16 - Vote 1: first-reading - Action: 171011 [Appropriation - Proceeds from Water Enterprise Revenue Bonds - Long Term Monitoring Permit Program - $12,600,000 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $12,600,000 of proceeds from Water Enterprise Revenue Bonds to fund the Long-Term Monitoring Permit Program for the vegetation restoration of the Water System Improvement Program construction sites and the Bioregional Habitat Restoration projects as required by the related federal and state regulatory permits in FY2017-2018; and placing $12,600,000 of proceeds on Controller’s Reserve pending receipt of proceeds of indebtedness. (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 171012: Appropriation and De-Appropriation - Water Enterprise Fund Balance and Operating Budget - Land Mobile Radio System - FY2017-2018 - $6,814,850 - Pages: 16-17 - Vote 1: first-reading - Action: 171012 [Appropriation and De-Appropriation - Water Enterprise Fund Balance and Operating Budget - Land Mobile Radio System - FY2017-2018 - $6,814,850] Sponsor: Mayor Ordinance appropriating $6,814,850 Water Enterprise fund balance to fund the installation of a new Water Enterprise Land Mobile Radio System 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 170981: Software License and Support Agreement Amendment - Oracle America, Inc. - Not to Exceed $12,211,193.65 - Pages: 17 - Vote 1: adoption, likely final - Action: 170981 [Software License and Support Agreement Amendment - Oracle America, Inc. - Not to Exceed $12,211,193.65] Resolution authorizing the Controller to enter into the Fifteenth Amendment of a software license and support agreement between Oracle America Inc., and the City and County of San Francisco, to extend the contract term through November 30, 2022, and increase the maximum expenditure by $4,183,659.87 for a total amount not to exceed $12,211,193.65. (Controller) (Fiscal Impact) (Supervisor Peskin dissented in Committee.) Privilege of the floor was granted unanimously to Ben Rosenfield, City Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Resolution No. 391-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Ronen, Safai, Sheehy, Tang, Yee - Noes: Kim, Peskin ### File 170930: General Plan - Pier 70 Mixed-Use District Project - Pages: 17-18 - Vote 1: first-reading - Action: 170930 [General Plan - Pier 70 Mixed-Use District Project] Ordinance amending the General Plan to revise Maps 4 and 5 of the Urban Design Element to refer to the Pier 70 Mixed-Use Project Special Use District; adopting findings under the California Environmental Quality Act, and Planning Code, Section 340; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) Supervisor Cohen, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of October 31, 2017. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170864: Planning Code, Zoning Map - Pier 70 Special Use District - Pages: 18 - Vote 1: amendment - Action: onomic Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 6-10, by adding verbiage to describe the full affordable housing program established by the Disposition and Development Agreement; on Page 8, Lines 18-19, by adding ‘Hospital’ and ‘Automotive Retail’ as ‘Non-Permitted Uses’, and Lines 20-25, by setting a 1/75 million square feet cap on ‘Office’ uses; on Page 18, Lines 6-12, by requiring Developers provide informational Phase hearings to the Planning Commission and Historic Preservation Commission when requested; on Page 19, Lines 9-13, by striking the automatic completeness verbiage; on Page 20, Lines 12, through Page 21, Line 18, by clarifying ‘Off-Street Parking’ verbiage; on Page 21, Line 20, by changing the timing for District approval from ‘10’ to ‘20’ days; on Page 22, Line 10, by requiring the public hearing to be scheduled within 20 days or at the next meeting thereafter, and Line 20, by changing the mailing notice requirement from ‘10’ to ‘20’ days prior to the hearing; and making other clarifying and conforming changes. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: amendment - Action: Ordinance amending the Planning Code and the Zoning Map to add the Pier 70 Special Use District; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and Planning Code, Section 302. (Economic Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee meeting of October 30, 2017. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170987: Public Trust Exchange Agreement - California State Lands Commission - Pier 70 Project - Pages: 18 - Vote 1: continuance - Action: 170987 [Public Trust Exchange Agreement - California State Lands Commission - Pier 70 Project] Sponsors: Mayor; Cohen Resolution approving the Compromise Title Settlement and Land Exchange Agreement for Pier 70 between the City and the California State Lands Commission in furtherance of the Pier 70 Mixed Use Project located at Pier 70; and adopting findings under the California Environmental Quality Act. Supervisor Cohen, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 31, 2017. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171115: Approval of an Additional 180-Day Extension for Planning Commission Review of Inclusionary Affordable Housing Program (File No. 150911) - Pages: 19-20 ### File 171120: Approval of a 120-Day Extension for Planning Commission Review of Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use District (File No. 161109) - Pages: 20 - Vote 1: adoption, likely final - Action: 171120 [Approval of a 120-Day Extension for Planning Commission Review of Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use District (File No. 161109)] Sponsor: Farrell Resolution extending by 120 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 161109) amending the Planning Code by adding Section 249.20; amending Sheet 4 SU03 of the Zoning Map, to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor's Parcel Block No. 1071, Lot Nos. 001 and 004, to the north and west, respectively; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. Resolution No. 398-17 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171042: Various Codes - Regulation of Cannabis Businesses - Pages: 21-22 ### File 170939: Development Agreement - Strada Brady, LLC - Market and Colton Streets - Pages: 22 ### File 171137: Administrative Code - Employee Regional Disaster Support Program - Pages: 22 ### File 171138: Administrative Code - Indigenous Peoples Day - Pages: 22 ### File 171139: Building Code - Dedicated Telecommunications Space; Fiber-Ready Cabling - Pages: 22-23 ### File 171140: Administrative Code - Process for Establishment of Cultural Districts - Pages: 23 ### File 171141: Multifamily Housing Revenue Bonds - Candlestick Point North 10a - Not to Exceed $100,000,000 - Pages: 23 ### File 171142: Multifamily Housing Revenue Bonds - Candlestick Point South 11a - Not to Exceed $100,000,000 - Pages: 23-24 ### File 171143: Urging the United States Congress to Initiate Impeachment Proceedings for President Donald J. Trump - Pages: 24 ### File 171144: Apply for Grant - Centers for Disease Control - Integrated HIV Surveillance and Prevention Programs for Health Departments - $7,257,408 - Pages: 24 ### File 171145: Apply for Grant - Health Resources Services Administration - Ryan White Act HIV/AIDS Emergency Relief Grant Program - $16,601,550 - Pages: 24 ### File 171146: Closed Session - Labor Negotiations - December 5, 2017 - Pages: 24-25 ### File 171095: General Plan Amendment - Western Shoreline Area Plan (Local Coastal Plan) - Pages: 25 ### File 171096: Planning Code - Definition of Gross Floor Area - Pages: 25 ### File 171097: Planning Code - Article 8 Corrections - Pages: 25-26 ### File 171098: Mills Act Historical Property Contract - 215 and 229 Haight Street, Formerly 55 Laguna Street - Pages: 26 ### File 171099: Mills Act Historical Property Contract - 56 Potomac Street - Pages: 26 ### File 171100: Mills Act Historical Property Contract - 60-62 Carmelita Street - Pages: 26 ### File 171101: Mills Act Historical Property Contract - 101 Vallejo Street - Pages: 26 ### File 171102: Mills Act Historical Property Contract - 627 Waller Street - Pages: 26-27 ### File 171103: Mills Act Historical Property Contract - 940 Grove Street - Pages: 27 ### File 171104: Mills Act Historical Property Contract - 973 Market Street - Pages: 27 ### File 171105: Mills Act Historical Property Contract - 1338 Filbert Street - Pages: 27-28 ## Extracted text ### [Page 1](https://sfbos.info/documents/470/2017-10-24-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, October 24, 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 10:00 AM Budget and Finance Federal Select Committee Thursday Supervisors Cohen, Sheehy, Fewer 1:00 PM 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 1st and 3rd Wednesday Supervisors Safai, Fewer, Yee 1:00 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 112 Number 32 ### [Page 2](https://sfbos.info/documents/470/2017-10-24-minutes#page-2) Board of Supervisors Meeting Minutes 10/24/2017 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, October 24, 2017, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Breed called the meeting to order at 2:02 p.m. On the call of the roll, Supervisor Sheehy was noted not present. There was a quorum. COMMUNICATIONS There were no communications. APPROVAL OF MEETING MINUTES President Breed inquired whether any Board Member had any corrections to the Board Meeting Minutes of September 19, 2017. There were no corrections. Supervisor Fewer, seconded by Supervisor Farrell, moved to approve the Board Meeting Minutes of September 19, 2017. The motion carried by the following vote, following general public comment: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee Absent: 1 - Sheehy AGENDA CHANGES There were no agenda changes. CONSENT AGENDA Recommendations of the Budget and Finance Committee 170739 [Waiver of Banner Fee - APA Family Support Services] Sponsor: Cohen Ordinance retroactively authorizing the installation of up to six banners on City-owned utility poles by APA Family Support Services under Public Works Code, Section 184.78, at 1652 Sunnydale Avenue between August 1, 2017, and January 31, 2018; and waiving the fees for those banners. Ordinance No. 206-17 FINALLY PASSED City and County of San Francisco Page 781 Printed at 2:52 pm on 11/21/17 ### [Page 3](https://sfbos.info/documents/470/2017-10-24-minutes#page-3) Board of Supervisors Meeting Minutes 10/24/2017 170921 [Administrative Code - Establish a Trial Local Business Enterprise Joint Venture and Core Discipline Incentive Program] Ordinance amending the Administrative Code to establish a trial Local Business Enterprise (LBE) incentive program that would allow an LBE joint venture rating bonus on professional services and design-build contracts over $20 million, and allow departments to use the amount of LBE subcontractor participation in core disciplines as selection criteria in professional services contract procurements. (Public Utilities Commission) Ordinance No. 213-17 FINALLY PASSED 170944 [Waiver of Banner Fee - Office of Economic and Workforce Development - Shop and Dine in the 49 Campaign] Sponsor: Tang Ordinance waiving the banner fees under Public Works Code, Section 184.78, for up to 300 banners to be placed by the Office of Economic and Workforce Development to publicize the City’s “Shop and Dine in the 49” campaign, beginning on November 20, 2017, and for one year. Ordinance No. 218-17 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 170903 [Settlement of Lawsuit - Andre Price, Kenneth Farris, Jr., Abdelaziz Aineb - $100,000] Ordinance authorizing settlement of the lawsuit filed by Andre Price, Abdelaziz Aineb, and Kenneth Farris, Jr. against the City and County of San Francisco for $100,000; the lawsuit was filed on December 22, 2014, in San Francisco Superior Court, Case No. CGC-14-543349; entitled Andre Price, et al. v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 212-17 FINALLY PASSED 170924 [Settlement of Lawsuit - Linda Chen - $350,000] Ordinance authorizing settlement of the lawsuit filed by Linda Chen against the City and County of San Francisco for $350,000; the lawsuit was filed on November 7, 2014, in San Francisco Superior Court, Case No. CGC 14-542604; entitled Linda Chen v. San Francisco Police Department, et al.; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 214-17 FINALLY PASSED City and County of San Francisco Page 782 Printed at 2:52 pm on 11/21/17 ### [Page 4](https://sfbos.info/documents/470/2017-10-24-minutes#page-4) Board of Supervisors Meeting Minutes 10/24/2017 170925 [Settlement of Lawsuit - Peter Firestone - $50,000] Ordinance authorizing settlement of the lawsuit filed by Peter Firestone against the City and County of San Francisco for $50,000; the lawsuit was filed on October 24, 2014, in San Francisco Superior Court, Case No. CGC-14-542359; entitled Peter Firestone v. Xuong Lu, et al.; the lawsuit involves alleged personal injury from vehicle collision; other material terms of the settlement are co-defendants to pay $60,000. (City Attorney) Ordinance No. 215-17 FINALLY PASSED 170926 [Settlement of Lawsuit - Daniel Levin, Maria Levin, Park Lane Associates, L.P., San Francisco Apartment Association, and Coalition for Better Housing - $259,800] Ordinance authorizing settlement of the lawsuit filed by Daniel Levin, Maria Levin, Park Lane Associates, L.P., San Francisco Apartment Association, and Coalition for Better Housing against the City and County of San Francisco for $259,800; the lawsuit was filed on July 24, 2014, in the United States District Court for the Northern District of California, Case No. 3:14-cv-3352-CRB; entitled Daniel Levin et al. v. City and County of San Francisco; the lawsuit involves whether Ordinance No. 54-14, which required landlords to provide increased relocation payments to displaced tenants following certain types of evictions, unlawfully took plaintiffs’ property. (City Attorney) Ordinance No. 216-17 FINALLY PASSED 170927 [Settlement of Lawsuit - Pacific Rod & Gun Club - City to Receive $8,250,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Pacific Rod & Gun Club for $8,250,000; the lawsuit was filed on March 27, 2014, in San Francisco Superior Court, Case No. CGC-14-538294; entitled City and County of San Francisco v. Pacific Rod & Gun Club; the City sued its former tenant Pacific Rod & Gun Club for nuisance and breach of contract to recover the City’s hazardous material remediation expenses resulting from the Club’s use of shotgun shells containing lead and arsenic and targets containing asphalt compounds at a gun range that it operated on City property on Lake Merced from 1933 to 2015. (City Attorney) Ordinance No. 217-17 FINALLY PASSED 171033 [Settlement of Lawsuit - Dora Delfi Mejia Jacobo - $50,000] Ordinance authorizing settlement of the lawsuit filed by Dora Delfi Mejia Jacobo against the City and County of San Francisco for $50,000; the lawsuit was filed on May 19, 2015, in San Francisco Superior Court, Case No. CGC-15-545823; entitled Dora Delfi Mejia Jacobo v. Greg Suhr in his official capacity, et al.; the lawsuit involves alleged civil rights violations. (City Attorney) PASSED ON FIRST READING 171034 [Settlement of Lawsuit - Tasha Spencer - $160,000] Ordinance authorizing settlement of the lawsuit filed by Tasha Spencer against the City and County of San Francisco for $160,000; the lawsuit was filed on September 27, 2016, in San Francisco Superior Court, Case No. CGC 16-554523; entitled Tasha Spencer v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING City and County of San Francisco Page 783 Printed at 2:52 pm on 11/21/17 ### [Page 5](https://sfbos.info/documents/470/2017-10-24-minutes#page-5) Board of Supervisors Meeting Minutes 10/24/2017 171035 [Settlement of Unlitigated Claim - Kelli Grotzke - $78,193] Resolution approving the settlement of the unlitigated claim filed by Kelli Grotzke against the City and County of San Francisco for $78,193; the claim was filed on September 24, 2013; the claim involves an employment dispute. (City Attorney) Resolution No. 394-17 ADOPTED 171036 [Settlement of Unlitigated Claim - Kacey Christie - $62,500] Resolution approving the settlement of the unlitigated claim filed by Kacey Christie against the City and County of San Francisco for $62,500; the claim was filed on May 31, 2017; the claim involves a personal injury on a City street. (City Attorney) Resolution No. 395-17 ADOPTED 171037 [Settlement of Unlitigated Claim - UBS Financial Services, Inc. - $125,266.48] Resolution approving the settlement of the unlitigated claim filed by UBS Financial Services against the City and County of San Francisco for $125,266.48; the claim was filed on February 17, 2017; the claim involves personal property tax refund. (City Attorney) Resolution No. 396-17 ADOPTED Recommendations of the Land Use and Transportation 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. Ordinance No. 207-17 FINALLY PASSED 170835 [Amending Ordinance No. 49-17 - 180 Jones Street Affordable Housing Fund] Sponsor: Kim Ordinance amending Ordinance No. 49-17 to change the timeline, for the first payment of $1,500,000 from the project sponsor of 950-974 Market Street to the 180 Jones Street Affordable Housing Fund, from "the issuance of the first construction document for that project or July 1, 2017, whichever comes first," to "the issuance of the first construction document." Ordinance No. 209-17 FINALLY PASSED City and County of San Francisco Page 784 Printed at 2:52 pm on 11/21/17 ### [Page 6](https://sfbos.info/documents/470/2017-10-24-minutes#page-6) Board of Supervisors Meeting Minutes 10/24/2017 The foregoing items were acted upon by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee Absent: 1 - Sheehy REGULAR AGENDA UNFINISHED BUSINESS From the Board Supervisor Sheehy was noted present at 2:05 p.m. 170834 [Planning Code - Inclusionary Affordable Housing Fee and 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; to clarify Inclusionary Housing requirements in the Transbay C-3 Special Use District; 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. Ordinance No. 208-17 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 785 Printed at 2:52 pm on 11/21/17 ### [Page 7](https://sfbos.info/documents/470/2017-10-24-minutes#page-7) Board of Supervisors Meeting Minutes 10/24/2017 Recommendations of the Land Use and Transportation Committee 170418 [Planning Code - Commercial Uses in Polk Street and Pacific Avenue Neighborhood Commercial Districts; Technical and Other Amendments] Sponsor: Peskin Ordinance amending the Planning Code to 1) limit lot sizes in the Pacific Avenue Neighborhood Commercial District (“Pacific NCD”) and the Polk Street Neighborhood Commercial District (“Polk NCD”); 2) limit the size of Non-Residential Uses in the Pacific NCD and Polk NCD, and exempting movie theaters in the Polk NCD from certain size limits; 3) restrict lot mergers in the Pacific NCD and Polk NCD; 4) require ground floor Commercial Uses in the Polk NCD and on certain portions of Pacific Avenue; 5) modify residential and non-residential off-street parking requirements in the Pacific NCD and Polk NCD; 6) prohibit garage entries, driveways, or other vehicular access to off-street parking or loading on certain streets and alleys in the Pacific NCD and Polk NCD; 7) deem nonconforming uses in the Polk NCD to be discontinued after 18 months of non-use; 8) modify the maximum concentration of Eating and Drinking Uses in the Polk NCD; 9) prohibit massage establishment, chair/foot massage, and kennel uses in the Polk Street NCD; 10) restrict medical services in the Polk NCD and Pacific NCD; 11) prohibit storefront mergers in the Polk NCD; 12) require a dwelling unit mix in the Pacific NCD and Polk NCD; 13) prohibit the loss of residential units through demolition, merger, or conversion and allow division if it meets a dwelling unit mix requirement in the Polk NCD and Pacific NCD; 14) require Conditional Use authorization before replacing a legacy business in the Polk NCD and Pacific NCD; 15) correct, clarify, and simplify language in other Planning Code Sections; 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, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. Ordinance No. 205-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170860 [Administrative Code - Displaced Tenant Preference in City Affordable Housing] Sponsor: Mayor Ordinance amending the Administrative Code to remove reference to a ten year residency requirement for the Displaced Tenant Preference in City Affordable Housing Programs; 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. 210-17 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 786 Printed at 2:52 pm on 11/21/17 ### [Page 8](https://sfbos.info/documents/470/2017-10-24-minutes#page-8) Board of Supervisors Meeting Minutes 10/24/2017 Recommendations of the Public Safety and Neighborhood Services Committee 170556 [Park Code - Using Glass Beverage Containers in Parks] Sponsor: Sheehy Ordinance amending the Park Code to prohibit the use of glass beverage containers, with certain exceptions, in all City parks. Supervisor Sheehy, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170867 [Environment Code - Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products] Sponsors: Farrell; Peskin, Sheehy, Ronen, Fewer, Yee, Safai and Tang Ordinance amending the Environment Code to ban the sale in San Francisco of upholstered furniture and juvenile products made with or containing an added flame retardant chemical. Ordinance No. 211-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee NEW BUSINESS Recommendation of the Government Audit and Oversight Committee 170993 [Lower Polk Community Benefit District - Annual Report for FY2015-2016] Sponsor: Peskin Resolution receiving and approving an annual report for the Lower Polk Community Benefit District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 392-17 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 787 Printed at 2:52 pm on 11/21/17 ### [Page 9](https://sfbos.info/documents/470/2017-10-24-minutes#page-9) Board of Supervisors Meeting Minutes 10/24/2017 Recommendations of the Rules Committee 171017 [Transbay Joint Powers Authority - Authorizing the Addition of the California High Speed Rail Authority as a New Member] Sponsor: Kim Resolution concurring with the recommendation of the Transbay Joint Powers Authority (“TJPA”) to add the California High Speed Rail Authority (“CHSRA”) as a New Member of the TJPA Board of Directors; authorizing the Mayor, or his/her designee, to execute an amendment to the TJPA Joint Powers Agreement and Bylaws to add the CHSRA as a new TJPA Board Member; and authorizing the Board of Supervisors to appoint one additional Director and one additional Alternate Director to serve on the Board of Directors of the TJPA. (Municipal Transportation Agency) (Supervisor Safai dissented in committee.) Supervisor Kim, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 22-24, by adding 'and, be it FURTHER RESOLVED, That the additional director and alternate director appointed by the Board of Supervisors shall have expertise in large, complex infrastructure funding, policy, and/or project delivery.' The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee (Supervisor Safai dissented in committee.) Resolution No. 393-17 ADOPTED AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed requested File Nos. 171044 and 171052 be called together. 171044 [Confirming Appointment, Redevelopment Successor Agency Oversight Board - Kenneth Bukowski] Motion confirming the mayoral appointment of Kenneth Bukowski to the Redevelopment Successor Agency Oversight Board (commonly known as the Commission on Community Investment and Infrastructure), term ending January 24, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: September 26, 2017) Motion No. M17-163 APPROVED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 788 Printed at 2:52 pm on 11/21/17 ### [Page 10](https://sfbos.info/documents/470/2017-10-24-minutes#page-10) Board of Supervisors Meeting Minutes 10/24/2017 171052 [Confirming Appointment, Redevelopment Successor Agency Oversight Board - Lisa Motoyama] Motion confirming the mayoral appointment of Lisa Motoyama to the Redevelopment Successor Agency Oversight Board (commonly known as the Commission on Community Investment and Infrastructure), term ending January 24, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: September 26, 2017) Motion No. M17-164 APPROVED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed requested File Nos. 171086 and 171087 be called together. Supervisor Fewer Excused from Voting Supervisor Farrell, seconded by Supervisor Kim, moved that Supervisor Fewer be excused from voting on File Nos. 171086 and 171087. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Fewer 171086 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Sandra Lee Fewer] Motion appointing Supervisor Sandra Lee Fewer, term ending January 31, 2019, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M17-165 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Fewer 171087 [Appointment, Children and Families First Commission - Supervisor Sandra Lee Fewer] Motion appointing Supervisor Sandra Lee Fewer, for an indefinite term, to the Children and Families First Commission. (Clerk of the Board) Motion No. M17-166 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Fewer City and County of San Francisco Page 789 Printed at 2:52 pm on 11/21/17 ### [Page 11](https://sfbos.info/documents/470/2017-10-24-minutes#page-11) Board of Supervisors Meeting Minutes 10/24/2017 Supervisor Cohen Excused from Voting Supervisor Peskin, seconded by Supervisor Yee, moved that Supervisor Cohen be excused from voting on File No. 171088. The motion carried by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen 171088 [Appointment, California State Association of Counties - Supervisor Malia Cohen] Motion appointing Supervisor Malia Cohen, term ending December 2, 2018, to the California State Association of Counties. (Clerk of the Board) Motion No. M17-167 APPROVED by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen Supervisor Kim Excused from Voting Supervisor Ronen, seconded by Supervisor Yee, moved that Supervisor Kim be excused from voting on File No. 171089. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Kim 171089 [Appointment, City College Financial Assistance Fund Oversight Committee - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim, for an indefinite term, to the City College Financial Assistance Fund Oversight Committee. (Clerk of the Board) Motion No. M17-168 APPROVED by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Kim City and County of San Francisco Page 790 Printed at 2:52 pm on 11/21/17 ### [Page 12](https://sfbos.info/documents/470/2017-10-24-minutes#page-12) Board of Supervisors Meeting Minutes 10/24/2017 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Tang, seconded by Supervisor Safai, 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 Tang introduced, welcomed, and presented a Certificate of Honor to Captain Denise Flaherty, Taraval Police Station (Police Department), on the occasion of her reassignment to the Police Academy and in recognition of her many accomplishments protecting the public safety of the community. Supervisor Safai presented a posthumous Certificate of Honor for May Wong in recognition of her many accomplishments and community advocacy. Supervisor Safai introduced, welcomed, and presented a Certificate of Honor to Captain Joseph McFadden, Ingleside Police Station (Police Department), on the occasion of his reassignment to the General Crimes Unit and in recognition of his many accomplishments protecting the public safety of the community. Supervisors Sheehy, Ronen, Yee, Cohen, Kim, and Tang shared in this commendation. Supervisor Sheehy introduced, welcomed, and presented a Certificate of Honor to Bonnie Ross, Executive Producer (F&B: Voices from the Kitchen), in recognition of her many accomplishments sharing the voices and stories from cooks and kitchens. Supervisor Fewer introduced, welcomed, and presented a Certificate of Honor to North East Medical Services in recognition of their accomplishments providing health services to the underserved populations in San Francisco. City and County of San Francisco Page 791 Printed at 2:52 pm on 11/21/17 ### [Page 13](https://sfbos.info/documents/470/2017-10-24-minutes#page-13) Board of Supervisors Meeting Minutes 10/24/2017 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 170964 [Hearing - Committee of the Whole - Disclosure Responsibilities of Board of Supervisors Under Federal Securities Laws - October 24, 2017] Hearing of the Board of Supervisors sitting as a Committee of the Whole on October 24, 2017, at 3:00 p.m., to receive educational training on the Board's legal obligations under Federal and State securities laws with respect to any Official Statement (OS) approvals; scheduled pursuant to Motion No. M17-122, approved by the Board on September 5, 2017. (Clerk of the Board) President Breed opened the public hearing and inquired as to whether any individual wished to address the Board relating to the disclosure responsibilities of the Board of Supervisors under Federal Securities Laws. Mark Blake (Office of the City Attorney), Sean Tierney, Disclosure Counsel (Hawkins Delafield & Wood LLP), and Jon Givner (Office of the City Attorney) provided an overview and responded to questions raised throughout the discussion. Tom Gilberty; spoke on various concerns regarding the hearing matter. There were no other speakers. President Breed closed public comment, declared the public hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Appointment of President Pro Tempore At the request of President Breed, Supervisor Safai assumed the chair at 3:25 p.m. The President resumed the chair at 3:29 p.m. Committee of the Whole Adjourn and Report SPECIAL ORDER 3:00 P.M. President Breed requested File Nos. 171047, 171048, 171049, and 171050 be called together. 171047 [Hearing - Appeal of Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Hearing of persons interested in or objecting to the certification of a Final Environmental Impact Report for the proposed Pier 70 Mixed-Use District Project, identified in Planning Case No. 2014-001272ENV, certified by the Planning Commission through Motion No. 19976 dated August 24, 2017. (District 10) (Appellant: J.R. Eppler of the Potrero Boosters Neighborhood Association) (Filed September 25, 2017) (Clerk of the Board) President Breed opened the public hearing, informed the Board that the appeal has been withdrawn, and Supervisor Cohen provided additional remarks. President inquired as to whether any individual wished to address the Board. There were no other speakers. President Breed closed public comment and declared the public hearing heard and filed. HEARD AND FILED City and County of San Francisco Page 792 Printed at 2:52 pm on 11/21/17 ### [Page 14](https://sfbos.info/documents/470/2017-10-24-minutes#page-14) Board of Supervisors Meeting Minutes 10/24/2017 171048 [Affirming the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Pier 70 Mixed-Use District Project. (Clerk of the Board) Motion No. M17-169 Supervisor Cohen, seconded by Supervisor Farrell, 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 171049 [Conditionally Reversing the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Pier 70 Mixed-Use District Project, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, 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 171050 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the proposed Pier 70 Mixed-Use District Project. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution 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 793 Printed at 2:52 pm on 11/21/17 ### [Page 15](https://sfbos.info/documents/470/2017-10-24-minutes#page-15) Board of Supervisors Meeting Minutes 10/24/2017 CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation 171127 [Closed Session - Existing Litigation - October 24, 2017] Closed Session for the Board of Supervisors to convene on October 24, 2017, for the purpose of conferring with, or receiving advice from, the City Attorney, under California Government Code, Section 54956.9(a), and Administrative Code, Section 67.10(d)(1), regarding the existing litigation in which the City is a defendant and appellee, American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association v. City and County of San Francisco, Ninth Circuit Court of Appeals Case Nos. 16-16072 and 16-16073, filed in the United States District Court for the Northern District of California on July 24, 2015; scheduled pursuant to Motion No. M17-161, approved October 17, 2017. (Clerk of the Board) Although a motion was not required, Supervisor Yee, seconded by Supervisor Ronen, moved to convene in closed session. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee President Breed inquired as to whether any member of the public wished to address the Board regarding the closed session. Tom Gilberty; spoke on various concerns related to the closed session hearing. The President declared public comment closed. CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:19 p.m. to convene in closed session pursuant to Motion No. M17-161, approved on October 17, 2017. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Persons in attendance: Jon Givner, Christine Van Aken, and Jeremy Goldman (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED IN OPEN SESSION The Board reconvened at the hour of 4:37 p.m. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Tang, seconded by Supervisor Farrell, moved not to disclose its Closed Session deliberations. 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 794 Printed at 2:52 pm on 11/21/17 ### [Page 16](https://sfbos.info/documents/470/2017-10-24-minutes#page-16) Board of Supervisors Meeting Minutes 10/24/2017 COMMITTEE REPORTS Recommendations of the Budget and Finance Committee 171010 [Ordinance Amendment - Increasing the Public Utilities Commission Water Revenue Bond Issuance - Not to Exceed $286,730,430] Sponsor: Mayor Ordinance amending Ordinance No. 112-16, as amended by Ordinance No. 154-17, 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) in an aggregate principal amount not to exceed $286,730,430 to finance the costs of various capital water projects benefitting the Water Enterprise, including in addition to the purposes heretofore approved, certain Bioregional Habitat Restoration costs (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 171011 [Appropriation - Proceeds from Water Enterprise Revenue Bonds - Long Term Monitoring Permit Program - $12,600,000 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $12,600,000 of proceeds from Water Enterprise Revenue Bonds to fund the Long-Term Monitoring Permit Program for the vegetation restoration of the Water System Improvement Program construction sites and the Bioregional Habitat Restoration projects as required by the related federal and state regulatory permits in FY2017-2018; and placing $12,600,000 of proceeds on Controller’s Reserve pending receipt of proceeds of indebtedness. (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 171012 [Appropriation and De-Appropriation - Water Enterprise Fund Balance and Operating Budget - Land Mobile Radio System - FY2017-2018 - $6,814,850] Sponsor: Mayor Ordinance appropriating $6,814,850 Water Enterprise fund balance to fund the installation of a new Water Enterprise Land Mobile Radio System 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 795 Printed at 2:52 pm on 11/21/17 ### [Page 17](https://sfbos.info/documents/470/2017-10-24-minutes#page-17) Board of Supervisors Meeting Minutes 10/24/2017 170981 [Software License and Support Agreement Amendment - Oracle America, Inc. - Not to Exceed $12,211,193.65] Resolution authorizing the Controller to enter into the Fifteenth Amendment of a software license and support agreement between Oracle America Inc., and the City and County of San Francisco, to extend the contract term through November 30, 2022, and increase the maximum expenditure by $4,183,659.87 for a total amount not to exceed $12,211,193.65. (Controller) (Fiscal Impact) (Supervisor Peskin dissented in Committee.) Privilege of the floor was granted unanimously to Ben Rosenfield, City Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Resolution No. 391-17 ADOPTED by the following vote: Ayes: 9 - Breed, Cohen, Farrell, Fewer, Ronen, Safai, Sheehy, Tang, Yee Noes: 2 - Kim, Peskin Referred Without Recommendation from the Land Use and Transportation Committee President Breed requested File Nos. 170930, 170864, and 170987 be called together. 170930 [General Plan - Pier 70 Mixed-Use District Project] Ordinance amending the General Plan to revise Maps 4 and 5 of the Urban Design Element to refer to the Pier 70 Mixed-Use Project Special Use District; adopting findings under the California Environmental Quality Act, and Planning Code, Section 340; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) Supervisor Cohen, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of October 31, 2017. 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 796 Printed at 2:52 pm on 11/21/17 ### [Page 18](https://sfbos.info/documents/470/2017-10-24-minutes#page-18) Board of Supervisors Meeting Minutes 10/24/2017 170864 [Planning Code, Zoning Map - Pier 70 Special Use District] Sponsors: Mayor; Cohen Ordinance amending the Planning Code and the Zoning Map to add the Pier 70 Special Use District; making findings under the California Environmental Quality Act, and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and Planning Code, Section 302. (Economic Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 6-10, by adding verbiage to describe the full affordable housing program established by the Disposition and Development Agreement; on Page 8, Lines 18-19, by adding ‘Hospital’ and ‘Automotive Retail’ as ‘Non-Permitted Uses’, and Lines 20-25, by setting a 1/75 million square feet cap on ‘Office’ uses; on Page 18, Lines 6-12, by requiring Developers provide informational Phase hearings to the Planning Commission and Historic Preservation Commission when requested; on Page 19, Lines 9-13, by striking the automatic completeness verbiage; on Page 20, Lines 12, through Page 21, Line 18, by clarifying ‘Off-Street Parking’ verbiage; on Page 21, Line 20, by changing the timing for District approval from ‘10’ to ‘20’ days; on Page 22, Line 10, by requiring the public hearing to be scheduled within 20 days or at the next meeting thereafter, and Line 20, by changing the mailing notice requirement from ‘10’ to ‘20’ days prior to the hearing; and making other clarifying and conforming changes. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Ordinance amending the Planning Code and the Zoning Map to add the Pier 70 Special Use District; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and Planning Code, Section 302. (Economic Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee meeting of October 30, 2017. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 170987 [Public Trust Exchange Agreement - California State Lands Commission - Pier 70 Project] Sponsors: Mayor; Cohen Resolution approving the Compromise Title Settlement and Land Exchange Agreement for Pier 70 between the City and the California State Lands Commission in furtherance of the Pier 70 Mixed Use Project located at Pier 70; and adopting findings under the California Environmental Quality Act. Supervisor Cohen, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 31, 2017. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 797 Printed at 2:52 pm on 11/21/17 ### [Page 19](https://sfbos.info/documents/470/2017-10-24-minutes#page-19) Board of Supervisors Meeting Minutes 10/24/2017 PUBLIC COMMENT Male Speaker; shared concerns regarding Citywide Case Management and it’s assertive treatment. Charlie Peters; shared concerns regarding transportation issues and consideration on various government levels. Tom Gilberty; shared concerns regarding the One Oak Project and affordable housing. Male Speaker; shared various religious concerns. Mahogany; expressed support of establishing cultural districts. Andrea Horn; expressed support of establishing cultural districts. Shannon; expressed support of establishing cultural districts. C. Brown; expressed support of the newly introduced Resolution calling for the impeachment of the 45th “President.” Speaker; expressed support of the newly introduced Resolution calling for the impeachment of the 45th “President.” Katy Cameron; expressed support of the newly introduced Resolution calling for the impeachment of the 45th “President.” Patrick Hunt; expressed support of establishing cultural districts. Kendra Dunson; expressed support of establishing cultural districts. Bresla Cruz; expressed support of establishing cultural districts. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 171115 [Approval of an Additional 180-Day Extension for Planning Commission Review of Inclusionary Affordable Housing Program (File No. 150911)] Sponsors: Mayor; Farrell and Tang Resolution extending by an additional 180 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 150911) amending the Planning Code to provide revised geographic, timing, pricing and other requirements for the off-site alternative to the Inclusionary Housing Fee; create a new option for off-site projects that qualify as Nonprofit Provider Partner Projects; create a new alternative for project sponsors of smaller market-rate projects to direct the Affordable Housing Fee to small sites projects; create an option for project sponsors of on- and off-site housing to provide higher amounts of affordable housing at higher levels of affordability termed “dialing up;" revise certain definitions and operating procedures related to the Inclusionary Housing Program and make conforming changes; and 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 the Planning Code, Section 101.1. Resolution No. 397-17 ADOPTED City and County of San Francisco Page 798 Printed at 2:52 pm on 11/21/17 ### [Page 20](https://sfbos.info/documents/470/2017-10-24-minutes#page-20) Board of Supervisors Meeting Minutes 10/24/2017 171120 [Approval of a 120-Day Extension for Planning Commission Review of Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use District (File No. 161109)] Sponsor: Farrell Resolution extending by 120 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 161109) amending the Planning Code by adding Section 249.20; amending Sheet 4 SU03 of the Zoning Map, to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor's Parcel Block No. 1071, Lot Nos. 001 and 004, to the north and west, respectively; affirming the Planning Department's determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. Resolution No. 398-17 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 799 Printed at 2:52 pm on 11/21/17 ### [Page 21](https://sfbos.info/documents/470/2017-10-24-minutes#page-21) Board of Supervisors Meeting Minutes 10/24/2017 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 171042 [Various Codes - Regulation of Cannabis Businesses] Sponsors: Mayor; Sheehy Ordinance amending the Administrative, Business and Tax Regulations, Health, and Police Codes to comprehensively regulate commercial activities relating to the cultivation, manufacture, distribution, testing, sale, and delivery of medicinal and adult use cannabis by, among other things: 1) requiring businesses that engage in commercial cannabis activities to obtain a permit from the Office of Cannabis; 2) requiring the Director of the Office of Cannabis to establish an Equity Program to promote equitable ownership and employment opportunities in the cannabis industry; 3) defining eligibility for temporary and permanent cannabis business permits; 4) establishing priorities for the review of cannabis business permit applications; 5) establishing operating standards for cannabis businesses; 6) establishing criteria for granting, denying, suspending, and revoking cannabis business permits; 7) incorporating state law governing commercial cannabis activities into local law for enforcement purposes; 8) authorizing the imposition of fines and penalties for violation of local and state laws governing cannabis businesses, and establishing procedures by which cannabis businesses may appeal a fine or permit penalty; 9) prohibiting the smoking and vaping of cannabis on the premises of all cannabis businesses, except select Medicinal Cannabis Retailers, as authorized by the Department of Public Health; 10) prohibiting the consumption of cannabis and cannabis products, other than by smoking or vaping, on the premises of all cannabis businesses, except Storefront Cannabis Retailers and Cannabis Microbusinesses that obtain consumption permits from the Department of Public Health; 11) prohibiting until January 1, 2019, tours of cannabis cultivators, manufacturers, and cannabis microbusinesses, and authorizing the Director of Cannabis to extend the prohibition on tours, or establish guidelines for the operation of tours; 12) prohibiting the acceptance of new applications for medical cannabis dispensary permits, starting January 1, 2018; 13) prohibiting medical cannabis dispensaries from cultivating cannabis under the authority of a medical cannabis dispensary permit, starting April 1, 2018; 14) establishing a sunset date of December 31, 2018, for Article 33 of the Health Code (“Medical Cannabis Act”); 15) eliminating the duty of the Clerk of the Board of Supervisors to send letters annually to state and federal officials requesting that cannabis be regulated and taxed; and affirming the Planning Department’s determination under the California Environmental Quality Act. 09/26/17; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/26/2017. 10/04/17; REFERRED TO DEPARTMENT. 10/04/17; RESPONSE RECEIVED. 10/24/17; SUBSTITUTED AND ASSIGNED UNDER 30 DAY RULE to Rules Committee. City and County of San Francisco Page 800 Printed at 2:52 pm on 11/21/17 ### [Page 22](https://sfbos.info/documents/470/2017-10-24-minutes#page-22) Board of Supervisors Meeting Minutes 10/24/2017 170939 [Development Agreement - Strada Brady, LLC - Market and Colton Streets] Sponsors: Mayor; Kim Ordinance approving a Development Agreement between the City and County of San Francisco and Strada Brady, LLC, a California limited liability company, for the development project at the approximately 2.2-acre site located at Market, 12th, Stevenson, Chase Court, and Brady Streets, with various public benefits including improved open spaces and supportive affordable housing; making findings under the California Environmental Quality Act, findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); setting the impact fees and exactions as set forth in the Development Agreement; and confirming compliance with or waiving certain provisions of Administrative Code, Chapters 14B, 41, and 56; and ratifying certain actions taken in connection therewith. 09/05/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 10/5/2017. 09/11/17; REFERRED TO DEPARTMENT. 10/24/17; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. 171137 [Administrative Code - Employee Regional Disaster Support Program] Sponsor: Mayor Ordinance amending the Administrative Code to establish a program by which the City would provide up to 80 hours of paid release time from work to employees directly and significantly harmed by a regional disaster, where the Mayor declares a regional disaster affecting City employees, subject to eligibility criteria established by the Human Resources Director and program terms and conditions. 10/24/17; ASSIGNED to Rules Committee. 171138 [Administrative Code - Indigenous Peoples Day] Sponsor: Cohen Ordinance amending the Administrative Code to declare the second Monday in October to be Indigenous Peoples Day. 10/24/17; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/23/2017. 171139 [Building Code - Dedicated Telecommunications Space; Fiber-Ready Cabling] Sponsor: Farrell Ordinance amending the Building Code to require new commercial buildings of 25,000 square feet or more and new residential buildings of three units or more to provide a dedicated telecommunications space in a centrally located place in the building and to install fiber-ready cabling that is connected to an approved telecommunications network; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of local conditions under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission as required by State law. 10/24/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/23/2017. City and County of San Francisco Page 801 Printed at 2:52 pm on 11/21/17 ### [Page 23](https://sfbos.info/documents/470/2017-10-24-minutes#page-23) Board of Supervisors Meeting Minutes 10/24/2017 171140 [Administrative Code - Process for Establishment of Cultural Districts] Sponsors: Ronen; Cohen, Kim, Fewer, Sheehy, Yee and Farrell Ordinance amending the Administrative Code to create a process for the establishment of cultural districts in the City to acknowledge and preserve neighborhoods with unique cultural heritage, and to require City departments to report to the Board of Supervisors and the Mayor regarding existing cultural districts previously established by resolution; and affirming the Planning Department’s determination under the California Environmental Quality Act. 10/24/17; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 11/23/2017. Resolutions 171141 [Multifamily Housing Revenue Bonds - Candlestick Point North 10a - Not to Exceed $100,000,000] Sponsor: Cohen Resolution declaring the intent of the City and County of San Francisco (the “City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (the “Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $100,000,000 for Candlestick Point North 10a (San Francisco, California 94124); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. 10/24/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. 171142 [Multifamily Housing Revenue Bonds - Candlestick Point South 11a - Not to Exceed $100,000,000] Sponsor: Cohen Resolution declaring the intent of the City and County of San Francisco (the “City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (the “Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $100,000,000 for Candlestick Point South 11a (San Francisco, California 94124); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. 10/24/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 802 Printed at 2:52 pm on 11/21/17 ### [Page 24](https://sfbos.info/documents/470/2017-10-24-minutes#page-24) Board of Supervisors Meeting Minutes 10/24/2017 171143 [Urging the United States Congress to Initiate Impeachment Proceedings for President Donald J. Trump] Sponsors: Fewer; Ronen, Tang, Safai, Sheehy, Breed and Farrell Resolution urging the United States Congress to initiate impeachment proceedings for President Donald J. Trump for obstruction of justice, collusion, violation of the Foreign Emoluments Clause, and other high crimes and misdemeanors, as defined herein. 10/24/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 171144 [Apply for Grant - Centers for Disease Control - Integrated HIV Surveillance and Prevention Programs for Health Departments - $7,257,408] Sponsor: Sheehy Resolution authorizing the Department of Public Health to submit a one-year application for calendar year 2018 to continue to receive funding for the Integrated HIV Surveillance and Prevention Programs for Health Departments grant from the Centers for Disease Control and Prevention, requesting $7,257,408 in HIV prevention funding for San Francisco from January 1, 2018, through December 31, 2018. (Public Health Department) 10/24/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. 171145 [Apply for Grant - Health Resources Services Administration - Ryan White Act HIV/AIDS Emergency Relief Grant Program - $16,601,550] Sponsor: Sheehy Resolution authorizing the Department of Public Health to submit an application to continue to receive funding for the Ryan White Act HIV/AIDS Emergency Relief Grant Program grant from the Health Resources Services Administration, requesting $16,601,550 in HIV emergency relief program funding for the San Francisco Eligible Metropolitan Area for the period of March 1, 2018, through February 28, 2019. (Public Health Department) 10/24/17; RECEIVED AND ASSIGNED to Budget and Finance Committee. Motion 171146 [Closed Session - Labor Negotiations - December 5, 2017] Sponsor: Peskin Motion that the Board of Supervisors convene in closed session on December 5, 2017, at 3:00 p.m. with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding labor negotiations of the City’s closed labor contracts. 10/24/17; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 803 Printed at 2:52 pm on 11/21/17 ### [Page 25](https://sfbos.info/documents/470/2017-10-24-minutes#page-25) Board of Supervisors Meeting Minutes 10/24/2017 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 171095 [General Plan Amendment - Western Shoreline Area Plan (Local Coastal Plan)] Ordinance amending the Western Shoreline Area Plan of the General Plan, San Francisco’s Local Coastal Program Land Use Plan, to add an objective to preserve, enhance, and restore the Ocean Beach shoreline while protecting public access, scenic quality, natural resources, critical public infrastructure, and existing development from coastal hazards; 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. (Planning Commission) 10/10/17; RECEIVED FROM DEPARTMENT. 10/24/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/23/2017. 171096 [Planning Code - Definition of Gross Floor Area] Ordinance amending the Planning Code to revise the definition of Gross Floor Area to delete the reference to accessory buildings, exempt required car-share spaces, remove redundant off-street loading provisions, and modify provisions regarding accessory and non-accessory parking; and making environmental findings and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and welfare findings pursuant to Planning Code, Section 302. (Planning Commission) 10/13/17; RECEIVED FROM DEPARTMENT. 10/24/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/23/2017. 171097 [Planning Code - Article 8 Corrections] Ordinance amending the Planning Code to correct typographical errors, clarify nighttime entertainment restrictions, and update inclusionary affordable housing requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and making findings as required by Planning Code, Section 302. (Planning Commission) 10/13/17; RECEIVED FROM DEPARTMENT. 10/24/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/23/2017. City and County of San Francisco Page 804 Printed at 2:52 pm on 11/21/17 ### [Page 26](https://sfbos.info/documents/470/2017-10-24-minutes#page-26) Board of Supervisors Meeting Minutes 10/24/2017 PROPOSED RESOLUTIONS 171098 [Mills Act Historical Property Contract - 215 and 229 Haight Street, Formerly 55 Laguna Street] Resolution approving an historical property contract between Alta Laguna, LLC, the owners of 215 and 229 Haight Street, formerly 55 Laguna Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 171099 [Mills Act Historical Property Contract - 56 Potomac Street] Resolution approving an historical property contract between Jason Monberg and Karli Sager, the owners of 56 Potomac Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 171100 [Mills Act Historical Property Contract - 60-62 Carmelita Street] Resolution approving an historical property contract between Patrick Mooney and Stephen G. Tom, the owners of 60-62 Carmelita Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 171101 [Mills Act Historical Property Contract - 101 Vallejo Street] Resolution approving an historical property contract between 855 Front Street LLC, the owners of 101 Vallejo Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 171102 [Mills Act Historical Property Contract - 627 Waller Street] Resolution approving an historical property contract between John Hjelmstad and Allison Bransfield, the owners of 627 Waller Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 805 Printed at 2:52 pm on 11/21/17 ### [Page 27](https://sfbos.info/documents/470/2017-10-24-minutes#page-27) Board of Supervisors Meeting Minutes 10/24/2017 171103 [Mills Act Historical Property Contract - 940 Grove Street] Resolution approving an historical property contract between Smith-Hantas Family Trust, the owners of 940 Grove Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 171104 [Mills Act Historical Property Contract - 973 Market Street] Resolution approving an historical property contract between Raintree 973 Market Newco LLC, the owners of 973 Market Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 171105 [Mills Act Historical Property Contract - 1338 Filbert Street] Resolution approving an historical property contract between 1338 Filbert LLC, the owners of 1338 Filbert Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) 10/11/17; RECEIVED FROM DEPARTMENT. 10/24/17; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Request Granted From: Supervisor Peskin To: City Attorney Requesting/Inquiring: Supervisor requests a Charter Amendment, amending Article IV of the San Francisco Charter to prohibit service on any appointive board, commission or advisory body by any candidate for local, state or federal elected office, effective as of the date that the board, commission or advisory body member pulls papers to run for elected office. In Memoriams Larry Martin- Full Board Jeffrey Betcher - Supervisor Cohen Jesus Chuy Esteva - Supervisor Ronen May Wong - Supervisor Safai City and County of San Francisco Page 806 Printed at 2:52 pm on 11/21/17 ### [Page 28](https://sfbos.info/documents/470/2017-10-24-minutes#page-28) Board of Supervisors Meeting Minutes 10/24/2017 ADJOURNMENT There being no further business, the Board adjourned at the hour 4:39 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on November 28, 2017. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 807 Printed at 2:52 pm on 11/21/17