Board of Supervisors Minutes: October 31, 2017

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 $4,094,850 Water Enterprise fund balance and de-appropriating $2,720,000 from the Water Enterprise's operating budget to fund the installation of a new Water Enterprise Land Mobile Radio System in FY2017-2018 for a total amount of $6,814,850. (Fiscal Impact) Ordinance No. 221-17 FINALLY PASSED City and County of San Francisco Page 810 Printed at 12:19 pm on 11/28/17 Board of Supervisors Meeting Minutes 10/31/2017 The foregoing items were acted upon by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Noes: None

Absent: Safai

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) Ordinance No. 222-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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) Ordinance No. 223-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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) PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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. Resolution No. 402-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170764 [Administrative Code - Mid-Year Reports on Department Overtime Expenditures] Sponsor: Yee Ordinance amending the Administrative Code to require the Controller to include in mid-year financial reports to the Board of Supervisors and Mayor information regarding the overtime expenditures of the Airport, Department of Emergency Management, Fire Department, Police Department, Department of Public Health, Public Utilities Commission, Public Works, Recreation and Park Department, and Sheriff's Department. PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171006 [Land Mobile Radio System Purchase, Installation, and Maintenance Agreement - Motorola Solutions Inc. - Not to Exceed $10,906,297] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Agreement No. CS-1074 with Motorola Solutions Inc. for the purchase, installation, and maintenance of a land mobile radio system, for an amount not to exceed $10,906,297 and with an anticipated term to commence December 1, 2017, through February 28, 2027. (Public Utilities Commission) (Fiscal Impact) Resolution No. 405-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171039 [Purchase and Sale Agreement - Buddhi Dharma Lien Guo Foundation - 7484 Sheridan Road, Sunol, CA - $3,305,000] Resolution approving and authorizing the execution of a Purchase and Sale Agreement with the Buddhi Dharma Lien Guo Foundation (“Buyer”) or Buyer’s assignee, for the sale by the City and County of San Francisco, acting though the San Francisco Public Utilities Commission, to Buyer of approximately 84 acres of improved real property located at 7484 Sheridan Road, Sunol, California for $3,305,000; adopting findings under the California Environmental Quality Act; adopting findings that the sale is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property and/or the SFPUC’s General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Public Utilities Commission) (Fiscal Impact) Resolution No. 406-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170923 [Planning Code - Landmark Designation of 1399 McAllister Street (aka Third Baptist Church Complex)] Sponsors: Breed; Peskin and Farrell Ordinance amending the Planning Code to designate 1399 McAllister Street (aka Third Baptist Church Complex), in Assessor’s Parcel Block No. 0778, Lot No. 013, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170989 [Jurisdictional Transfer of City Property - Real Estate Division - Fire Department - 2245 Jerrold Avenue - $0] Sponsor: Cohen Resolution approving the jurisdictional transfer of 2245 Jerrold Avenue, Assessor’s Parcel Block No. 5286A, Lot No. 004, of the City and County of San Francisco currently under the jurisdiction of the Real Estate Division to the Fire Department; approving the transfer price of $0; adopting findings, including environmental findings, General Plan findings, and Planning Code, Section 101.1, findings; and authorizing other actions in furtherance of this Resolution, as defined herein. Resolution No. 404-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170095 [Urging the Chief of Police to Create a Comprehensive Plan and to Implement a Citywide Strategy on Neighborhood Automobile Break-Ins, Bicycle Theft, and Property Crime with Focused Staffing at District Stations] Sponsors: Yee; Ronen, Fewer, Sheehy, Kim and Safai Resolution urging the Chief of Police to create a Comprehensive Plan and to Implement a Citywide Strategy on Neighborhood Automobile Break-Ins, Bicycle Theft, and Property Crime with Focused Staffing at District Stations; and urging the Chief of Police to report on the execution of the plan. Supervisors Kim and Safai requested to be added as co-sponsors. Resolution No. 399-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170912 [Liquor License - 156 Eddy Street - Exit Theatre] Resolution determining that the issuance of a Type-64 special on-sale general theater liquor license to the Exit Theatre, located at 156 Eddy Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 400-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171091 [Appointments, Child Care Planning and Advisory Council - Kelly Dotson, Mona Malan and Claudia Quiñonez] Motion appointing Kelly Kotson, Mona Malan (residency requirement waived), and Claudia Quiñonez, terms ending September 14, 2020, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M17-170 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171125 [Mayoral Reappointment, Airport Commission - Richard Guggenhime] Motion approving the Mayor's reappointment of Richard Guggenhime to the Airport Commission, for a term ending August 31, 2021. (Rules Committee) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: October 3, 2017.) Motion No. M17-171 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

ns interested in or objecting to the certification of a Conditional Use Authorization pursuant to Planning Code, Sections 207, 209.1, and 303, for a proposed project located at 948-950 Lombard Street and 841 Chestnut Street, Assessor's Parcel Block No. 0067, Lot Nos. 010 and 017, identified in Case No. 2017-002430CUA, issued by the Planning Commission by Motion No. 19987 dated August 31, 2017, to allow two dwelling units on a single lot within the RH-1 (residential, house one-family) Zoning District and a 40-X height and bulk district; and adopting findings under the California Environmental Quality Act. (District 2) (Appellant: Kathleen Courtney of Russian Hill Community Association) (Filed October 2, 2017) (Clerk of the Board) President Breed opened the public hearing and inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. President Breed closed public comment on the continuance. Supervisor Farrell, seconded by Supervisor Tang, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of December 5, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171063 [Approving Conditional Use Authorization - Proposed Project at 948-950 Lombard Street and 841 Chestnut Street] Motion approving the decision of the Planning Commission by its Motion No. 19987, approving a Conditional Use Authorization identified as Planning Case No. 2017-002430CUA for a proposed project located at 948-950 Lombard Street and 841 Chestnut Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 5, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171064 [Conditionally Disapproving Conditional Use Authorization - Proposed Project at 948-950 Lombard Street and 841 Chestnut Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 19987, approving a Conditional Use Authorization identified as Planning Case No. 2017-002430CUA for a proposed project located at 948-950 Lombard Street and 841 Chestnut Street, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 5, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171065 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 948-950 Lombard Street and 841 Chestnut Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2017-002430CUA for a proposed project located at 948-950 Lombard Street and 841 Chestnut Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 5, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170863 [Development Agreement - FC Pier 70, LLC - Pier 70 Development Project] Sponsors: Mayor; Cohen Ordinance approving a Development Agreement between the City and County of San Francisco and FC Pier 70, LLC, for 28 acres of real property located in the southeast portion of the larger area known as Seawall Lot 349 or Pier 70; and bounded generally by Illinois Street on the west, 22nd Street on the south, and San Francisco Bay on the north and east; waiving certain provisions of the Administrative Code, Planning Code, and Subdivision Code; and adopting findings under the California Environmental Quality Act, public trust findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b). (Economic Impact) PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170986 [Disposition and Development Agreement - FC Pier 70, LLC - Pier 70 Project] Sponsors: Mayor; Cohen Resolution approving a Disposition and Development Agreement between the Port and FC Pier 70, LLC, for 28 acres of real property located in the southeast portion of the larger area known as Seawall Lot 349 or Pier 70; adopting findings under the California Environmental Quality Act; adopting findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b); and adopting public trust consistency findings. (Fiscal Impact) Resolution No. 401-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170988 [Memorandum of Understanding Regarding Interagency Cooperation - Pier 70 Project] Sponsors: Mayor; Cohen Resolution approving the Memorandum of Understanding between the Port and other City Agencies regarding Interagency Cooperation; and adopting findings under the California Environmental Quality Act. Resolution No. 403-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

171109 [Real Property Lease - Lexington Lion San Francisco LP - 350 Rhode Island Street - San Francisco District Attorney, Police Investigations - $4,319,445 Initial Maximum Annual Base Rent] Sponsor: Mayor Resolution authorizing a Lease for up to 125,122 square feet consisting of a portion of the first floor and entire second, third, and fourth floors at 350 Rhode Island Street - North, for the San Francisco District Attorney and Police Investigations, with Lexington Lion San Francisco L.P., a Delaware limited partnership, for 15 years, to be occupied in phases, for the period of July 1, 2018, through June 30, 2033, with one five-year option to extend, at an initial monthly base rent not to exceed $359,953.75 for a total annual maximum base rent of $4,319,445 in the initial year with increases as set forth in the schedule of the Lease; and finding the proposed Lease is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact.) Resolution No. 388-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

ector of Property to negotiate a Lease for up to 27,154 square feet consisting of the entire three floors of 777 Brannan Street, for the San Francisco Police Department, with LCL Global - 777 Brannan Street, LLC, a limited liability corporation, for a term of ten years from July 1, 2018, through June 30, 2028, with two five-year options for renewal, at an initial monthly base rent not to exceed $83,724.83 for a total annual base rent of $1,004,698 in the initial year with increases as set forth in the schedule of the Letter of Intent; and finding the proposed Lease is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact.) Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 3, Lines 5-9, by striking ‘RESOLVED, That the Board of Supervisors hereby finds that the anticipated Lease is consistent with the General Plan, and eight priority policies of Planning Code, Section 101.1, and hereby incorporates such findings by reference as though fully set forth in this Resolution; and, be it FURTHER’. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Resolution authorizing the Director of Property to negotiate a Lease for up to 27,154 square feet consisting of the entire three floors of 777 Brannan Street, for the San Francisco Police Department, with LCL Global - 777 Brannan Street, LLC, a limited liability corporation, for a term of ten years from July 1, 2018, through June 30, 2028, with two five-year options for renewal, at an initial monthly base rent not to exceed $83,724.83 for a total annual base rent of $1,004,698 in the initial year with increases as set forth in the schedule of the Letter of Intent. (Fiscal Impact.) Resolution No. 389-17 ADOPTED AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

he Director of Property to negotiate a Lease for up to 41,744 square feet consisting of the entire three floors of 945 Bryant Street, for the San Francisco Adult Probation Office, with Bridgeton 945 Bryant Fee LLC, a limited liability corporation, for twenty years, to be occupied in phases, for the period of July 1, 2018, through June 30, 2038, at an initial monthly base rent not to exceed $146,997.33 for a total maximum base rent of $1,763,968 in the initial year with increases as set forth in the schedule of the Letter of Intent; and finding the anticipated Lease is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact.) Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 3, Lines 5-9, by striking ‘RESOLVED, That the Board of Supervisors hereby finds that the anticipated Lease is consistent with the General Plan, and eight priority policies of Planning Code, Section 101.1, and hereby incorporates such findings by reference as though fully set forth in this Resolution; and, be it FURTHER’. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

City and County of San Francisco Page 819 Printed at 12:19 pm on 11/28/17 Board of Supervisors Meeting Minutes 10/31/2017 Resolution authorizing the Director of Property to negotiate a Lease for up to 41,744 square feet consisting of the entire three floors of 945 Bryant Street, for the San Francisco Adult Probation Office, with Bridgeton 945 Bryant Fee LLC, a limited liability corporation, for twenty years, to be occupied in phases, for the period of July 1, 2018, through June 30, 2038, at an initial monthly base rent not to exceed $146,997.33 for a total maximum base rent of $1,763,968 in the initial year with increases as set forth in the schedule of the Letter of Intent. (Fiscal Impact.) Resolution No. 390-17 ADOPTED AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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 20, Lines 21-23, by adding ‘Following the informational presentation by the Developer and receipt of comments, if any, from the Planning Commission and Historic Preservation Commission pursuant to subsection (j) above.’ The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

(Economic Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

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. Motion No. M17-172 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None