FILE 170764Administrative Code - Mid-Year Reports on Department Overtime ExpendituresPAGES 2-3
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FILE 171074Settlement of Lawsuit - Kevin Smith - $300,000PAGE 3
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No recorded roll call was parsed for this item.
FILE 171075Settlement of Lawsuit - T-Mobile West, LLC - $72,500PAGE 3
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No recorded roll call was parsed for this item.
FILE 171076Settlement of Lawsuit - AT&T Corp. - $498,000PAGE 3
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FILE 171093Appointments, Park, Recreation and Open Space Advisory Committee - Cally Wong and Ken McGaryPAGES 3-4
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171093 [Appointments, Park, Recreation and Open Space Advisory Committee - Cally Wong and Ken McGary] Motion appointing Cally Wong and Ken McGary, terms ending February 1, 2020, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M17-173 APPROVED The foregoing items were acted upon by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Yee
Absent: Kim, Tang
FILE 170930General Plan - Pier 70 Mixed-Use District ProjectPAGE 4
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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) Ordinance No. 227-17 FINALLY PASSED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Yee
Absent: Kim, Tang
FILE 170864Planning Code, Zoning Map - Pier 70 Special Use DistrictPAGES 4-5
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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) Ordinance No. 225-17 FINALLY PASSED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Yee
Absent: Kim, Tang
FILE 170863Development Agreement - FC Pier 70, LLC - Pier 70 Development ProjectPAGE 5
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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; No Economic Analysis Report) Ordinance No. 224-17 FINALLY PASSED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Yee
Absent: Kim, Tang
FILE 170923Planning Code - Landmark Designation of 1399 McAllister Street (aka Third Baptist Church Complex)PAGES 5-6
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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) Ordinance No. 226-17 FINALLY PASSED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 170994Revenue Agreement Amendment - JC Decaux San Francisco, Inc. - Extending Term to February 14, 2018PAGE 6
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170994 [Revenue Agreement Amendment - JC Decaux San Francisco, Inc. - Extending Term to February 14, 2018] Sponsor: Peskin Resolution approving the Third Amendment to the Revenue Agreement between San Francisco Public Works and JC Decaux San Francisco, LLC, for the Automatic Public Toilet and Public Service Kiosk Program extending the contract term by 120 days, changing the termination date from October 17, 2017, to February 14, 2018. Resolution No. 409-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171007Amendment Agreement - Exchange Easements in Connection with the Bay Division Pipeline Reliability Upgrade Project-Bay TunnelPAGE 6
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171007 [Amendment Agreement - Exchange Easements in Connection with the Bay Division Pipeline Reliability Upgrade Project-Bay Tunnel] Resolution approving and authorizing a Second Amendment to an agreement to exchange interests in real property to grant the Midpeninsula Regional Open Space District a permanent, non-exclusive public trail easement in exchange for a quitclaim to the City and County of San Francisco of an open space easement over real property owned by the City and County of San Francisco, as part of the San Francisco Public Utilities Commission Water System Improvement Program-Funded Project CUW36801, Bay Division Pipeline Reliability Upgrade-Bay Tunnel; and authorizing the General Manager of the San Francisco Public Utilities Commission, or Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution, as defined herein. (Public Utilities Commission) Resolution No. 411-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171038Emergency Declaration - Repair of the Moccasin Powerhouse Unit 2 Generator Step-up Transformer - Total Estimated Cost Not to Exceed $400,000PAGES 6-7
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171038 [Emergency Declaration - Repair of the Moccasin Powerhouse Unit 2 Generator Step-up Transformer - Total Estimated Cost Not to Exceed $400,000] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission (SFPUC) pursuant to San Francisco Administrative Code, Section 6.60, to repair the buswork and bushings on the Moccasin Powerhouse Unit 2 generator step-up transformer, with a total estimated cost not to exceed $400,000. (Public Utilities Commission) (Fiscal Impact) Resolution No. 412-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171040Contract Amendment No. 3 - New Flyer of America, Inc. - Purchase of Low Floor Diesel-Hybrid Buses - Not to Exceed $413,774,673PAGE 7
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171040 [Contract Amendment No. 3 - New Flyer of America, Inc. - Purchase of Low Floor Diesel-Hybrid Buses - Not to Exceed $413,774,673] Resolution approving Amendment No. 3 to Contract No. CPT 713 (Procurement of 40-Ft and 60-Ft Low Floor Diesel Hybrid Coaches) with New Flyer of America Inc., to revise the list of spare parts and special tools and to include the list of additional equipment added to the vehicles during the production phase of the Contract, for an additional amount of $1,504,252 and a total contract amount not to exceed $413,774,673 with no change to the term of the contract. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 413-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171070Accept and Expend Gift - Comfort Women Justice Coalition - Gift of Artwork and Funds for the Maintenance of the Artwork Entitled “Comfort Women’s” Column of Strength - Total Gift Value of $398,000PAGE 7
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171070 [Accept and Expend Gift - Comfort Women Justice Coalition - Gift of Artwork and Funds for the Maintenance of the Artwork Entitled “Comfort Women’s” Column of Strength - Total Gift Value of $398,000] Sponsors: Kim; Fewer, Peskin and Ronen Resolution retroactively authorizing the San Francisco Arts Commission to accept a gift of art, entitled The “Comfort Women’s" Column of Strength, valued at $190,000 and accept and expend a donation from the “Comfort Women” Justice Coalition of $208,000 for the purpose of maintaining the artwork, entitled the “Comfort Women’s” Column of Strength, for a period not less than 20 years. Resolution No. 415-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171078Airport Professional Services Agreement Modification No. 10 - CAGE Professional Services, Inc. dba CAGE, Inc. - International Terminal Checked Baggage Handling Projects - Not to Exceed $10,695,000, and Further Modifications Not to Exceed $14,500,000PAGES 7-8
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171078 [Airport Professional Services Agreement Modification No. 10 - CAGE Professional Services, Inc. dba CAGE, Inc. - International Terminal Checked Baggage Handling Projects - Not to Exceed $10,695,000, and Further Modifications Not to Exceed $14,500,000] Resolution retroactively approving Modification No. 10 to Airport Contract No. 9024.9, Construction Management Services for the International Terminal Checked Baggage Inspection System Modernization Program and Baggage Handling System Improvements Project, with CAGE Professional Services, Inc. dba CAGE, Inc., for a total amount not to exceed $10,695,000 for services through September 30, 2018, pursuant to Charter, Section 9.118(b); and approving an amount for further modifications to increase the total amount not to exceed $14,500,000 for services through December 31, 2020. (Airport Commission) (Fiscal Impact) (Supervisor Ronen dissented in committee.) Resolution No. 416-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Safai, Sheehy, Tang, Yee
Noes: Ronen
FILE 171079Lease Agreement - Wells Fargo Bank, N.A. - Automated Teller Machines - $475,000 Minimum Annual GuaranteePAGE 8
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171079 [Lease Agreement - Wells Fargo Bank, N.A. - Automated Teller Machines - $475,000 Minimum Annual Guarantee] Resolution approving the Domestic Terminals Automated Teller Machines Lease A No. 17-0194 between Wells Fargo Bank, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years, to commence following Board approval, with a two-year option to extend, and a minimum annual guarantee of $475,000 for the first year of the Lease. (Airport Commission) (Fiscal Impact) Resolution No. 417-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Safai, Sheehy, Tang, Yee
Noes: Fewer, Kim, Peskin, Ronen
FILE 1710802011 Airport Lease and Use Agreement - Air Pacific Limited dba Fiji AirwaysPAGE 8
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171080 [2011 Airport Lease and Use Agreement - Air Pacific Limited dba Fiji Airways] Resolution approving the terms of 2011 Lease and Use Agreement No. 17-0184 between the City and County of San Francisco, acting by and through its Airport Commission, and Air Pacific Limited dba Fiji Airways to conduct flight operations at San Francisco International Airport, for the lease term to commence following Board approval through June 30, 2021. (Airport Commission) Resolution No. 418-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171069Memorandum of Understanding - San Francisco Community College District - Use of San Francisco City College Enrollment Fee Assistance Fund - Not to Exceed $11,233,904PAGES 8-9
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171069 [Memorandum of Understanding - San Francisco Community College District - Use of San Francisco City College Enrollment Fee Assistance Fund - Not to Exceed $11,233,904] Sponsor: Kim Resolution approving a Memorandum of Understanding between the City and County of San Francisco and the San Francisco Community College District for the City to provide financial support to the Free City College Program not to exceed $11,233,904 for a term beginning upon certification of available funds by the Controller and ending on June 30, 2019. (Fiscal Impact) Resolution No. 414-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171101Mills Act Historical Property Contract - 101 Vallejo StreetPAGE 9
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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) Resolution No. 419-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171102Mills Act Historical Property Contract - 627 Waller StreetPAGE 9
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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) Supervisor Peskin directed the Office of the City Attorney to draft a Resolution dissolving the historical property contract and removing the property tax reductions for 627 Waller Street, upon the expiration of this approval. Resolution No. 420-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171103Mills Act Historical Property Contract - 940 Grove StreetPAGE 9
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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) Resolution No. 421-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 170733Subdivision Code - Transfer Subdivision MapsPAGES 9-10
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170733 [Subdivision Code - Transfer Subdivision Maps] Ordinance amending the Subdivision Code to allow subdivision map applicants to apply for and obtain final or parcel transfer subdivision maps that are for conveyancing and/or financing purposes only, but do not grant any development rights; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Works) PASSED ON FIRST READING by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 170870Building, Fire Codes - Fire Alarm System Upgrade RequirementsPAGE 10
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170870 [Building, Fire Codes - Fire Alarm System Upgrade Requirements] Sponsors: Peskin; Farrell and Ronen Ordinance amending the Existing Building and Fire Codes to require buildings sold or transferred after September 1, 2017, to comply with fire alarm system upgrade requirements for sleeping areas; to exempt mandatory seismic strengthening alterations and transient hotels from the alarm system upgrade requirement that otherwise applies to completion of work under a building permit with a cost of construction of $50,000 or more; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisor Ronen requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 170941Planning Code, Zoning Map - Transit Center Special Sign DistrictPAGE 10
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e Transit Center Special Sign District (bounded by Market Street on the north, Folsom Street on the south, Steuart Street on the east, and between New Montgomery and Third Streets on the west, and in the area bounded by Folsom, Harrison, Essex, and Second Streets, but excluding the planned City Park between Mission, Howard, Second, and Beale Streets and those portions of the Transit Center District Plan Area included in Zone 1 of the Transbay Redevelopment Plan Area, which include portions of land bounded by Spear, Mission, Folsom, and Second Streets), to restrict the size and height of new signs within 200 feet of and visible from an existing or planned public park or open space, and to restrict illumination of certain new signs in those areas; amending the Zoning Map to show the Transit Center Special Sign District; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making a finding of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. PASSED ON FIRST READING by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 170995Commemorative Street Name Designation - “Tony Bennett Way” - 900 Block of Mason StreetPAGES 10-11
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170995 [Commemorative Street Name Designation - “Tony Bennett Way” - 900 Block of Mason Street] Sponsor: Peskin Resolution adding the commemorative street name “Tony Bennett Way” to the 900 block of Mason Street in recognition of legendary singer Tony Bennett and his ambassadorship to the City and County of San Francisco, as well as his long and celebrated history with the Fairmont Hotel and San Francisco communities. Resolution No. 410-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 160399Liquor License - 2149 Chestnut Street - Marina TheatrePAGE 11
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160399 [Liquor License - 2149 Chestnut Street - Marina Theatre] Resolution determining that the issuance of a Type 40 on-sale beer license to Frank Lee Jr., for Marina Theatre, located at 2149 Chestnut Street (District 2), 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. 408-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 170866Administrative, Campaign and Governmental Conduct Codes - Changing References from Office of Citizen Complaints to Department of Police AccountabilityPAGE 11
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170866 [Administrative, Campaign and Governmental Conduct Codes - Changing References from Office of Citizen Complaints to Department of Police Accountability] Sponsor: Cohen Ordinance amending the Administrative and Campaign and Governmental Conduct Codes to change all references from “Office of Citizen Complaints” to “Department of Police Accountability,” and to make related terminology changes, to reflect that name change resulting from the passage of Proposition G at the November 8, 2016 election. PASSED ON FIRST READING by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171152Appointment, Market and Octavia Community Advisory Committee - Chase ChambersPAGES 11-12
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171152 [Appointment, Market and Octavia Community Advisory Committee - Chase Chambers] Motion appointing Chase Chambers, term ending December 16, 2018, to the Market and Octavia Community Advisory Committee. (Rules Committee) Motion No. M17-174 APPROVED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171053Hearing - Appeal of Determination of Categorical Exemption From Environmental Review - 20 Nobles AlleyPAGES 13-14
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appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Susan Star; Matthias Mormino; Marla Nye; Wyland Strobel; Chris Bigalo; spoke in support of the appeal. Tanya Sheyner, Pilar LaValley, and Eilesh Tuffy (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Eustace de Saint Phalle (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. Male Speaker; Rick Savary; Carrie Bronea; Tom Brigham; spoke in support of the project and in opposition to the appeal. Marc Bruno (Appellant) provided a rebuttal and further requested the Board to approve the appeal. Jon Givner (Office of the City Attorney) provided additional information and answered questions raised throughout the discussion. There were no other speakers. Supervisor Kim, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of February 6, 2018. The motion FAILED by the following vote:
Ayes: Fewer, Kim, Ronen, Yee
Noes: Breed, Farrell, Safai, Sheehy, Tang
Excused: Cohen, Peskin
FILE 171054Affirming the Categorical Exemption Determination - 20 Nobles AlleyPAGE 14
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171054 [Affirming the Categorical Exemption Determination - 20 Nobles Alley] Motion affirming the determination by the Planning Department that a proposed project at 20 Nobles Alley is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 6, 2018. The motion FAILED by the following vote:
Ayes: Fewer, Kim, Ronen, Yee
Noes: Breed, Farrell, Safai, Sheehy, Tang
Excused: Cohen, Peskin
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Motion No. M17-175 Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:
Ayes: Breed, Farrell, Safai, Sheehy, Tang, Yee
Noes: Fewer, Kim, Ronen
Excused: Cohen, Peskin
FILE 171055Conditionally Reversing the Categorical Exemption Determination - 20 Nobles AlleyPAGE 14
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171055 [Conditionally Reversing the Categorical Exemption Determination - 20 Nobles Alley] Motion conditionally reversing the determination by the Planning Department that the proposed project at 20 Nobles Alley is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 6, 2018. The motion FAILED by the following vote:
Ayes: Fewer, Kim, Ronen, Yee
Noes: Breed, Farrell, Safai, Sheehy, Tang
Excused: Cohen, Peskin
tabling
Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:
Ayes: Breed, Farrell, Safai, Sheehy, Tang, Yee
Noes: Fewer, Kim, Ronen
Excused: Cohen, Peskin
FILE 171056Preparation of Findings to Reverse the Categorical Exemption Determination - 20 Nobles AlleyPAGES 14-15
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171056 [Preparation of Findings to Reverse the Categorical Exemption Determination - 20 Nobles Alley] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 20 Nobles Alley is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 6, 2018. The motion FAILED by the following vote:
Ayes: Fewer, Kim, Ronen, Yee
Noes: Breed, Farrell, Safai, Sheehy, Tang
Excused: Cohen, Peskin
tabling
Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:
Ayes: Breed, Farrell, Safai, Sheehy, Tang, Yee
Noes: Fewer, Kim, Ronen
Excused: Cohen, Peskin
FILE 171128Hearing - Appeal of Conditional Use Authorization - Proposed Project at 2161-2165 Irving StreetPAGE 15
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roject located at 2161-2165 Irving Street, Assessor's Parcel Block No. 1777, Lot No. 037, identified in Case No. 2016-002424CUA, issued by the Planning Commission by Motion No. 20027 dated October 12, 2017, to establish a Medical Cannabis Dispensary, dba Barbary Coast Dispensary, within the Irving Street Neighborhood Commercial District and a 65-A height and bulk district. (District 4) (Appellant: Flo Kimmerling for Mid-Sunset Neighborhood Association) (Filed October 17, 2017). (Clerk of the Board) Angela Calvillo, Clerk of the Board, called the item and informed the Board of a second appeal received on the same project. Clerk Calvillo further requested the Board continue this appeal to December 5, 2017, at 4:30 p.m. in order to consider both appeals at the same meeting. President Breed opened the public hearing and inquired as to whether any individual wished to address the Board regarding the continuance. There were no speakers. President Breed closed public comment on the continuance. Supervisor Tang, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of December 5, 2017, at 4:30 p.m. The motion carried by the following vote:
Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
Excused: Cohen
FILE 171129Approving Conditional Use Authorization - Proposed Project at 2161-2165 Irving StreetPAGES 15-16
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171129 [Approving Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street] Motion approving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 5, 2017, at 4:30 p.m. The motion carried by the following vote:
Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
Excused: Cohen
FILE 171130Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving StreetPAGE 16
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171130 [Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving 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 Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 5, 2017, at 4:30 p.m. The motion carried by the following vote:
Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
Excused: Cohen
FILE 171131Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving StreetPAGES 16-17
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171131 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving 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. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 5, 2017, at 4:30 p.m. The motion carried by the following vote:
Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
Excused: Cohen
FILE 171119Multifamily Housing Revenue Notes - 171 Loehr Street and 1250 Sunnydale Avenue (“Britton Courts Apartments”) - Not to Exceed $76,000,000PAGES 17-18
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adoptionLIKELY FINAL
to exceed $76,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 92-unit multifamily rental housing project located at 171 Loehr Street and 1250 Sunnydale Avenue, in San Francisco, California, known as “Britton Courts Apartments;" approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 422-17 ADOPTED by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
referral
City and County of San Francisco Page 846 Printed at 12:51 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/14/2017 Referred Without Recommendation from the Land Use and Transportation Committee President Breed requested File Nos. 171041 and 171042 be called together. During these discussions, privilege of the floor was granted unanimously to Nicole Elliott, Director (Office of Cannabis), Jon Givner and Victoria Wong (Office of the City Attorney), and Israel Nieves-Rivera (Department of Public Health) who responded to questions raised. Supervisor Cohen was noted absent at 3:46 p.m. and for the remainder of the meeting. Supervisor Cohen Excused from Attendance Supervisor Tang, seconded by Supervisor Kim, moved that Supervisor Cohen be excused beginning at 3:46 p.m. and for the remainder of the meeting. The motion carried by the following vote:
Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
Excused: Cohen
FILE 171041Planning Code - Cannabis RegulationPAGES 18-19
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amendment
D, AMENDMENT OF THE WHOLE BEARING NEW TITLE. Before a second was attained, Supervisor Sheehy withdrew this motion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring the Director of Cannabis to adopt rules, regulations and guidelines to ensure Cannabis Retailers and maintain and sell an inventory that is sufficient in volume and variety for medicinal customers. The motion carried by the following vote: Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee (Editor's Note: Upon further consultation with the Office of the City Attorney, the previous motion made by Supervisor Fewer was actually a proposed amendment to File No. 171042.) City and County of San Francisco Page 847 Printed at 12:51 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/14/2017 Supervisor Farrell, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by allowing one medical cannabis dispensary or cannabis retail within every 600 feet, without a conditional use authorization. The motion carried by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
amendment
Supervisor Peskin, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by changing the authorizing authority from the ‘City’s Office of Cannabis’ to ‘Department of Public Health’ for sites where cannabis may be consumed or smoked. The motion carried by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
amendment
Supervisor Sheehy, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Planning Code, Section 102, by including ‘Cannabis Retail’ as one of the listed uses under 'Retail Sales and Service Uses.' The motion carried by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
first-reading
Supervisor Sheehy, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to the Board of Supervisors meeting of November 28, 2017. The motion carried by the following vote:
Ayes: Breed, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee
Noes: Peskin
Excused: Cohen
FILE 171187Planning Code - Cannabis RegulationPAGES 19-20
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FILE 171042Various Codes - Regulation of Cannabis BusinessesPAGES 20-21
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continuance
rd 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. Supervisor Cohen moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of November 28, 2017. Before a second was attained, Supervisor Cohen was excused from the remainder of the meeting and the motion was re-made later in the discussion by Supervisor Sheehy. Supervisor Sheehy moved that this Ordinance be AMENDED in Health Code, Section 3322, by adding restrictions and requirements to the ‘Transition Provisions’ for medical cannabis dispensaries that apply for a permit to sell adult use cannabis. Before a second was attained, Supervisor Sheehy withdrew this motion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring the Director of Cannabis to adopt rules, regulations and guidelines to ensure Cannabis Retailers and maintain and sell an inventory that is sufficient in volume and variety for medicinal customers. The motion carried by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
amendment
City and County of San Francisco Page 849 Printed at 12:51 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/14/2017 Supervisor Tang, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Health Code, Section 3322, by adding restrictions and requirements to the ‘Transition Provisions’ for medical cannabis dispensaries. The motion carried by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
amendment
Supervisor Safai, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Police Code, Section 1618, by requiring cannabis businesses that previously held a medical cannabis dispensary permit to ensure that at least 35% of all business work hours are performed by local residents. The motion carried by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
amendment
Supervisor Safai, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED by adding a new ‘Health Code, Section 3322(d)(4)’ that requires a medical cannabis dispensary that wishes to sell adult use cannabis to submit a ‘Good Neighbor Policy’ and 'Security Policy.' The motion FAILED by the following vote:
Ayes: Breed, Farrell, Safai, Sheehy, Tang
Noes: Fewer, Kim, Peskin, Ronen, Yee
Excused: Cohen
first-reading
Supervisor Sheehy, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to the Board of Supervisors meeting of November 28, 2017. The motion carried by the following vote:
Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
FILE 171167Urging the Federal Government to Extend Temporary Protected Status for All Nations Currently Under the ProgramPAGE 23
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FILE 171185Approval of a 90-Day Extension for Planning Commission Review of Fulton Street Grocery Store Special Use District Ordinance (File No. 170514)PAGE 23
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FILE 171181Final Map 8897 - 570 Jessie StreetPAGE 23
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FILE 171182Final Map 9296 - 1785-15th StreetPAGES 23-24
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FILE 171183Final Map 9246 - 131 Missouri StreetPAGE 24
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FILE 171184Final Map 9302 - 4171-24th StreetPAGE 24
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approvalLIKELY FINAL
171184 [Final Map 9302 - 4171-24th Street] Motion approving Final Map 9302, a five residential unit and one commercial unit, mixed-use condominium project, located at 4171-24th Street, being a subdivision of Assessor’s Parcel Block No. 6506, Lot No. 032, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M17-179 APPROVED The foregoing items were acted upon by the following vote:
Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
Excused: Cohen, Farrell
FILE 171165Urging City Departments to Prioritize Non-Profit Contracts and Grants for Reentry ServicesPAGE 24
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adoptionLIKELY FINAL
171165 [Urging City Departments to Prioritize Non-Profit Contracts and Grants for Reentry Services] Sponsor: Fewer Resolution urging City departments to prioritize non-profit contracts and grants for reentry services funded through the City and County of San Francisco. Privilege of the floor was granted unanimously to Karen Shain (Adult Probation Department) who responded to questions raised throughout the discussion. Resolution No. 423-17 ADOPTED by the following vote:
Ayes: Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee
Excused: Cohen, Farrell
FILE 161109Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use DistrictPAGE 25
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FILE 170868Campaign and Governmental Conduct Code - Campaign Finance AmendmentsPAGES 25-26
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FILE 171193Planning Code - Inclusionary Affordable Housing ProgramPAGE 26
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FILE 171194Building Code - Installation of Solar Energy SystemsPAGE 26
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FILE 171195Second Amendment to Ground Lease - Mission Bay Affordable Housing, L.P. - 150 Berry Street, 201, 207, 213, 215, 217, 219, 221, 223, 225, and 227 King Streets - Rich Sorro CommonsPAGE 26
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FILE 171196Accept and Expend Grant - U.S. Department of Homeland Security - FY2017 Urban Areas Security Initiative Program - $22,428,800PAGES 26-27
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FILE 171197Agreements - Sunnydale Parcel Q Housing Partners, L.P. - 1491 Sunnydale Avenue - Purchase and Sale for Real Estate and Ground Lease - $3,000,000 and $15,000 RespectivelyPAGE 27
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FILE 171198Agreement - Owners' Association - Administration/Management of Japantown Community Benefit DistrictPAGE 27
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FILE 171199Real Property Lease, Access License and Access Easement - State of California Department of Transportation - Property Near Cesar Chavez and Indiana Streets - Islais Creek Motor Coach Operation and Maintenance Facility - $191,241 Initial Annual RentPAGES 27-28
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FILE 171200Grant of Easement - Pacific Gas and Electric Company - 68.25 Square Feet at Northern Edge of Parcel - 1101 Connecticut - At No CostPAGE 28
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FILE 171201Multifamily Housing Revenue Bonds - 909 and 921 Howard Street, 414 Tehama Street - Not to Exceed $150,000,000PAGE 28
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FILE 171202Multifamily Housing Revenue Bonds - 206-5th Street - Not to Exceed $200,000,000PAGES 28-29
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FILE 171203Multifamily Housing Revenue Bonds - 1990 Folsom Street - Not to Exceed $90,000,000PAGE 29
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FILE 171204Ground Lease - 1296 Shotwell Housing, L.P. - 1296 Shotwell Street - $15,000 Annual Base RentPAGE 29
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FILE 171205Accept and Expend Grant - California Department of Parks and Recreation - Geneva Car Barn and Powerhouse Improvements - $3,500,000PAGE 29
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FILE 171206Development Services Agreement - Community Arts Stabilization Trust - Renovation of the Powerhouse Building - 2301 San Jose AvenuePAGES 29-30
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FILE 171207Funding Agreement - Community Arts Stabilization Trust - Renovation of the Powerhouse Building - 2301 San Jose AvenuePAGE 30
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FILE 171208Real Property Lease - Community Arts Stabilization Trust - Geneva Car Barn and Powerhouse - 2301 San Jose Avenue - $0 Initial RentPAGE 30
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FILE 171209Indemnification Agreement - Renovation of the Powerhouse BuildingPAGE 30
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FILE 171212Hearing - State of the Retail Sector, Challenges and Opportunities for San Francisco's Neighborhood Commercial DistrictsPAGE 30
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FILE 171213Hearing - Proposed Federal Tax Plans - Local ImpactPAGES 30-31
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FILE 171214Hearing - Anti-LGBTQ Hate CrimesPAGE 31
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FILE 171171Administrative Code - Shelter Monitoring Committee - Composition of Membership, Powers and Duties, and Sunset DatePAGE 31
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FILE 171172Authorizing Agreements - Purchase of Electricity and Related Products and Services for CleanPowerSF - Public Utilities CommissionPAGES 31-32
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FILE 171173Planning Code - Mission Street Neighborhood Commercial Transit DistrictPAGE 32
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FILE 171175Contract Amendment No. 1 - Richmond Area Multi-Services, Inc. - Department of Public Health - Behavioral Health Services - Not to Exceed $19,047,465.PAGE 32
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FILE 171174Contract Amendment No. 2 - Richmond Area Multi-Services, Inc. - Department of Public Health - Vocational Rehabilitation Program - Not to Exceed $20,739,037PAGES 32-33
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FILE 171177Prevailing Wage Rates - Various Workers Performing Work Under City ContractsPAGE 33
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FILE 171178Real Property Lease - Vera Cort as Trustee -1380 Howard Street - Department of Public Health - $3,417,862.50 Initial Annual Base RentPAGE 33
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FILE 171179Lease Agreement - Bank of America, N.A. - Automated Teller Machines - $211,000 Minimum Annual GuaranteePAGES 33-34
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