# Board of Supervisors Minutes: January 23, 2018 - Meeting date: 2018-01-23 - Document type: minutes - Pages in official PDF: 32 - [Canonical HTML transcript](https://sfbos.info/documents/484/2018-01-23-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=588548&GUID=D48A0787-7E19-48FB-A09B-B163F76B9591) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 171133: Business and Tax Regulations Code - Minimum Filing Thresholds for Gross Receipts Tax and Payroll Expense Tax - Pages: 2-3 ### File 171155: Business and Tax Regulations Code - Sugary Drinks Distributor Tax Administration - Pages: 3 ### File 171172: Authorizing Agreements - Purchase of Electricity and Related Products and Services for CleanPowerSF - Public Utilities Commission - Pages: 3 ### File 171132: Settlement of Lawsuit - Greg Blatman - $225,000 - Pages: 3 ### File 171276: Settlement of Lawsuit - Lai King Tam - $142,500 - Pages: 3 ### File 171277: Settlement of Lawsuit - Patricia Burley - $100,000 - Pages: 3-4 ### File 171211: Settlement of Unlitigated Claim - Robin Paul Roderick - $50,000 - Pages: 4 ### File 171095: General Plan Amendment - Western Shoreline Area Plan (Local Coastal Plan) - Pages: 4 - Vote 1: final-passage, likely final - Action: 171095 [General Plan Amendment - Western Shoreline Area Plan (Local Coastal Plan)] Sponsors: Tang; Peskin 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) Ordinance No. 009-18 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171154: Re-Appropriation - Lease and Tenant Improvement Costs at 170-9th Street - Department of Homelessness and Supportive Housing - $4,093,100 - FY2017-2018 - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 171154 [Re-Appropriation - Lease and Tenant Improvement Costs at 170-9th Street - Department of Homelessness and Supportive Housing - $4,093,100 - FY2017-2018] Sponsor: Mayor Ordinance re-appropriating $4,093,100 of lease and tenant improvement cost at 170-9th Street for the renovation of the building at 440 Turk Street for Department of Homelessness and Supportive Housing in FY2017-2018. (Fiscal Impact) Ordinance No. 011-18 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171245: Appropriation - State Grant, Private Funds, Tax Credits, and City Funds from CAST Powerhouse QALICB, LLC - Geneva Car Barn and Powerhouse Capital Improvements - $11,048,767 - FY2017-2018 - Pages: 5 - Vote 1: first-reading - Action: 171245 [Appropriation - State Grant, Private Funds, Tax Credits, and City Funds from CAST Powerhouse QALICB, LLC - Geneva Car Barn and Powerhouse Capital Improvements - $11,048,767 - FY2017-2018] Sponsor: Safai Ordinance appropriating $11,048,767 to the Recreation and Park Department for funding received from CAST Powerhouse QALICB, LLC (QALICB) consisting of a state grant, tax credit investments, private funding from Community Arts Stabilization Trust (CAST), and existing city appropriations for Geneva Car Barn and Powerhouse capital improvements in FY2017-2018; and placing $11,048,767 on Controller’s reserve pending receipt of a grant award from the state by the Recreation and Park Department, and written documentation of receipt of CAST equity and tax credit investments by QALICB. (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171248: Appropriation - Proceeds from General Obligation Bonds - San Francisco Municipal Transportation Agency’s Street and Transit Projects - $177,000,000 - FY2017-2018 - Pages: 5 - Vote 1: first-reading - Action: 171248 [Appropriation - Proceeds from General Obligation Bonds - San Francisco Municipal Transportation Agency’s Street and Transit Projects - $177,000,000 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $177,000,000 of proceeds from General Obligation Bonds Transportation and Road Improvements, 2014 - Series 2018B to fund the San Francisco Municipal Transportation Agency's street and transit projects in FY2017-2018; and placing $177,000,000 of appropriations on Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171249: Appropriation - Proceeds from General Obligation Bonds - Recreation and Park Department - Renovation, Repair, and Construction of Parks and Open Spaces - $76,710,000 - FY2017-2018 - Pages: 5-6 - Vote 1: first-reading - Action: 171249 [Appropriation - Proceeds from General Obligation Bonds - Recreation and Park Department - Renovation, Repair, and Construction of Parks and Open Spaces - $76,710,000 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $76,710,000 consisting of proceeds from the third issuance of the 2012 Clean and Safe Neighborhood Parks General Obligation Bond, Series 2018A, to the Recreation and Park Department to support the renovation, repair, and construction of parks and open spaces; and placing $76,710,000 on Controller’s Reserve pending receipt of proceeds of indebtedness 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 171282: Appropriation - Cigarette Litter Abatement Fees - Public Works Street Cleaning Program - $300,000 - FY2017-2018 - Pages: 6 - Vote 1: first-reading - Action: 171282 [Appropriation - Cigarette Litter Abatement Fees - Public Works Street Cleaning Program - $300,000 - FY2017-2018] Sponsors: Mayor; Peskin Ordinance appropriating $300,000 of cigarette litter abatement fees to Public Works for street cleaning program 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 171311: Health Code - License Fee for Cannabis Smoking Consumption Permit - Pages: 6 - Vote 1: first-reading - Action: 171311 [Health Code - License Fee for Cannabis Smoking Consumption Permit] Sponsor: Mayor Ordinance amending the Health Code to impose an annual license fee of $1,200 for a Cannabis Smoking Consumption permit. PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171114: Accept and Expend Grant - San Francisco Parks Alliance - Let’sPlaySF! Playground Renovation Initiative - $15,000,000 - Pages: 6 - Vote 1: adoption, likely final - Action: 171114 [Accept and Expend Grant - San Francisco Parks Alliance - Let’sPlaySF! Playground Renovation Initiative - $15,000,000] Sponsor: Mayor Resolution authorizing the Recreation and Park Department to accept and expend a grant from the San Francisco Parks Alliance for the renovation of San Francisco playgrounds, to partner on the Let'sPlaySF! Playground Renovation Initiative, for $15,000,000 for the period of January 2018, through January 2026. (Recreation and Park Department) Resolution No. 010-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171161: Assignment and Assumption Agreement - California Housing Finance Agency - Department of Public Health and Rosa Parks II, L.P. - 1239 Turk Street (“Willie B. Kennedy Senior Housing Development”) - $300,000 - FY2017-2018 - Pages: 6-7 - Vote 1: adoption, likely final - Action: umption Agreement - California Housing Finance Agency - Department of Public Health and Rosa Parks II, L.P. - 1239 Turk Street (“Willie B. Kennedy Senior Housing Development”) - $300,000 - FY2017-2018] Sponsor: Mayor Resolution accepting the Mental Health Services Act (MHSA) Assignment and Assumption Agreement Loan and related loan documents between the California Housing Finance Agency, a public instrumentality and political subdivision of the State of California (Assignor), and the San Francisco Department of Public Health (Assignee) for the benefit of the Willie B. Kennedy senior housing development, located at 1239 Turk Street (Project), with Rosa Parks II, L.P., a California limited partnership as owner; and authorizing the Mayor on behalf of the City and County of San Francisco, to accept the Assignment and Assumption Agreement from Assignor so that Assignee may monitor all ongoing oversight and service obligations for the Project under the MHSA Permanent Loan Documents and the MHSA Housing Program in accordance with the San Francisco Mental Health Services Act Integrated Plan in the loan amount of $300,000 for FY2017-2018. Resolution No. 012-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171163: Accept and Expend Grant - San Francisco General Hospital Foundation - Department of Public Health - Zuckerberg Patient Care Quality Improvement Fund - $7,346,756 - Pages: 7 - Vote 1: adoption, likely final - Action: 171163 [Accept and Expend Grant - San Francisco General Hospital Foundation - Department of Public Health - Zuckerberg Patient Care Quality Improvement Fund - $7,346,756] Sponsor: Cohen Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $7,346,756 from the San Francisco General Hospital Foundation to participate in a program entitled Zuckerberg Patient Care Quality Improvement Fund for the period of October 23, 2017, through June 30, 2020, and waiving indirect costs. (Public Health Department) Resolution No. 013-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171177: Prevailing Wage Rates - Various Workers Performing Work Under City Contracts - Pages: 7 - Vote 1: adoption, likely final - Action: the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City; 6) workers performing moving services under City contracts at facilities owned or leased by the City; 7) workers engaged in exhibit, display, or trade show work at special events on property owned by the City; 8) workers engaged in broadcast services on property owned by the City; 9) workers engaged in loading or unloading into or from a commercial vehicle on City property of materials, goods, or products in connection with a show or special event, or engaged in driving a commercial vehicle into which or from which materials, goods, or products are loaded or unloaded on City property in connection with a show or special event, or engaged in driving a commercial vehicle into which or from which materials, goods, or products are loaded or unloaded on City property in connection with a show or special event; 10) workers engaged in security guard services under City contracts or at facilities or on property owned or leased by the City; and 11) motor bus service contracts. (Civil Service Commission) (Fiscal Impact) Resolution No. 014-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171195: Second 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 Commons - Pages: 7-8 - Vote 1: adoption, likely final - Action: 171195 [Second 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 Commons] Sponsors: Mayor; Kim Resolution authorizing the execution and performance of a Second Amendment to the Ground Lease between the City and County of San Francisco and Mission Bay Affordable Housing, L.P., for real property located at 150 Berry Street, 201, 207, 213, 215, 217, 219, 221, 223, 225 and 227 King Streets, in connection with the loan refinancing and minor rehabilitation of community space at Rich Sorro Commons, a 100-unit affordable housing development for very low income individuals and families, with no change to the length of term or amount. Resolution No. 015-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171253: Sale of General Obligation Bonds - Transportation and Road Improvement Bonds, 2014 - Not to Exceed $177,000,000 - Pages: 8 - Vote 1: adoption, likely final - Action: s for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by either competitive or negotiated sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s official intent to reimburse certain expenditures; waiving the deadline for submission of Bond Accountability Reports; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Chapter 31 of the Administrative Code; ratifying certain actions previously taken as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Controller) (Fiscal Impact) Resolution No. 017-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171254: Sale of General Obligation Bonds - Clean and Safe Neighborhood Parks Bonds - Not to Exceed $76,710,000 - Pages: 8-9 - Vote 1: adoption, likely final - Action: agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive or negotiated sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s official intent to reimburse certain expenditures; waiving the deadline for submission of Bond Accountability Reports; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Chapter 31 of the Administrative Code; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Controller) (Fiscal Impact) Resolution No. 018-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171278: Emergency Declaration - Repair and Servicing of the Tesla Treatment Facility Flywheel Uninterruptible Power Supply Units - Hetch Hetchy Regional Water System - Not to Exceed Cost of $322,548 - Pages: 9 - Vote 1: adoption, likely final - Action: 171278 [Emergency Declaration - Repair and Servicing of the Tesla Treatment Facility Flywheel Uninterruptible Power Supply Units - Hetch Hetchy Regional Water System - Not to Exceed Cost of $322,548] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission pursuant to Administrative Code, Section 6.60, for the repair and servicing of the Tesla Treatment Facility Flywheel Uninterruptible Power Supply Units of the Hetch Hetchy Regional Water System, with an estimated total cost not to exceed $322,548. (Public Utilities Commission) (Fiscal Impact) Resolution No. 019-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171319: Real Property Acquisition - 700-730 Stanyan Street - McDonald’s Corporation - $15,500,000 - Pages: 9 - Vote 1: adoption, likely final - Action: 171319 [Real Property Acquisition - 700-730 Stanyan Street - McDonald’s Corporation - $15,500,000] Sponsor: Mayor Resolution approving and authorizing the Real Estate Division, on behalf of the Mayor’s Office of Housing and Community Development, to acquire Real Property, located at 700-730 Stanyan Street from McDonald’s Corporation, for purchase at $15,500,000; placing the property under the jurisdiction of the Mayor’s Office of Housing and Community Development for use in constructing affordable housing for San Franciscans; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the purchase agreement and this Resolution, as defined herein. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 020-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170660: Follow-Up Board Response - Civil Grand Jury Report - Accelerating SF Government Performance - Taking Accountability and Transparency to the Next Level - Pages: 9-10 - Vote 1: approval, likely final - Action: 170660 [Follow-Up Board Response - Civil Grand Jury Report - Accelerating SF Government Performance - Taking Accountability and Transparency to the Next Level] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation Nos. R2.2, R3.1, R4.1, R6, and R8 contained in the 2016-2017 Civil Grand Jury Report, entitled “Accelerating SF Government Performance - Taking Accountability and Transparency to the Next Level.” (Government Audit and Oversight Committee) Motion No. M18-004 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170662: Follow-Up Board Response - Civil Grand Jury Report - The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight - Pages: 10 - Vote 1: approval, likely final - Action: 170662 [Follow-Up Board Response - Civil Grand Jury Report - The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation No. R2.2 contained in the 2016-2017 Civil Grand Jury Report, entitled “The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight.” (Government Audit and Oversight Committee) Motion No. M18-005 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171096: Planning Code - Definition of Gross Floor Area - Pages: 10 - Vote 1: first-reading - Action: 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) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171097: Planning Code - Article 8 Corrections - Pages: 10 - Vote 1: first-reading - Action: 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) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171173: Planning Code - Mission Street Neighborhood Commercial Transit District - Pages: 10-11 - Vote 1: first-reading - Action: 171173 [Planning Code - Mission Street Neighborhood Commercial Transit District] Sponsor: Ronen Ordinance amending the Planning Code to prohibit Non-Retail Professional Services uses, limit lot mergers, and allow Arts Activities and Catering uses within the Mission Street Neighborhood Commercial Transit District; affirming the Planning Commission’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Commission) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171122: Interim Zoning Controls - Supervisorial District 11 - Institutional Uses, Certain Personal Service Uses, and Conversion of Commercial to Residential Use - Pages: 11 - Vote 1: adoption, likely final - Action: th period in the Excelsior Outer Mission Neighborhood Commercial District and areas in Supervisorial District 11 zoned Small-Scale Neighborhood Commercial District (NC-2), Moderate-Scale Neighborhood Commercial District (NC-3), Neighborhood Commercial Shopping Center District (NC-S), Small-Scale Neighborhood Commercial Transit District (NCT-2), and Moderate-Scale Neighborhood Commercial Transit District (NCT-3), to require a Conditional Use authorization for the following new Uses (or existing Uses operating without proper approvals and permits) in areas where such Uses currently are permitted: all Institutional Uses located on the First Story, certain categories of Institutional Uses located on any Story, and a Personal Service Use operating as a salon and/or providing cosmetic services and located on the First Story; to require a Conditional Use authorization for the conversion of any Commercial Use to a Residential Use; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and priority policies in Planning Code, Section 101.1. Resolution No. 011-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170906: Liquor License - 2919-16th Street - City Club - Pages: 11 - Vote 1: adoption, likely final - Action: 170906 [Liquor License - 2919-16th Street - City Club] Resolution determining that the transfer of a Type-48 on-sale general public premises liquor license to La Ciudad Club, dba City Club, located at 2919-16th Street (District 9), 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. 008-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171058: Liquor License - 1148-1150 Mission Street - City Beer Store - Pages: 11-12 - Vote 1: adoption, likely final - Action: 171058 [Liquor License - 1148-1150 Mission Street - City Beer Store] Resolution determining that the premise-to-premise transfer of a Type-42 on-sale beer and wine public premises liquor license to City Beer Store, LLC, located at 1148-1150 Mission 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. 009-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171138: Administrative Code - Indigenous Peoples Day - Pages: 12 - Vote 1: continuance - Action: 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. Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of January 30, 2018. The motion FAILED by the following vote: - Ayes: Farrell, Peskin, Ronen, Tang - Noes: Breed, Cohen, Fewer, Kim, Safai, Sheehy, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee - Noes: Peskin ### File 171306: Charter Amendment - Appointed Board Members and Commissioners Seeking Elective Office - Pages: 12 - Vote 1: continuance - Action: 171306 [Charter Amendment - Appointed Board Members and Commissioners Seeking Elective Office] Sponsors: Peskin; Kim, Safai and Yee Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to provide that appointed members of boards and commissions under the Charter forfeit their offices upon filing a declaration of candidacy for state or local elective office; at an election to be held on June 5, 2018. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of January 30, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171307: Charter Amendment - Retirement Board - Pages: 12-13 - Vote 1: continuance - Action: 171307 [Charter Amendment - Retirement Board] Sponsor: Peskin Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to reduce the Mayoral appointments to the Retirement Board from three to two members and to require that the City Attorney appoint one member; to require that the appointments of the Mayor and City Attorney be subject to a hearing and Board of Supervisors’ approval within 60 days, but that if not acted upon become effective on the 61st day; to require that the term of any member appointed by the Mayor between December 1, 2014, and January 1, 2018, expire on September 1, 2018, with the City Attorney appointing a member to fill such a vacancy; and to require that the Retirement Board disclose certain investment information on a biannual basis; at an election to be held on June 5, 2018. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of January 30, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171247: Hearing - Committee of the Whole - Project Area I (Mission Rock), and Sub-Project Areas I-1 Through I-13, Infrastructure Financing District No. 2 - January 23, 2018 - Pages: 13-14 - Vote 1: continuance - Action: lanning Department’s determination and making findings under the California Environmental Quality Act, and approving other matters in connection therewith (File No. 171314); and a Resolution approving issuance of Bonds in an amount not to exceed $1,378,000,000 for Project Area I, and Sub-Project Areas I-1 through 1-13 therein, of Infrastructure Financing District No. 2, approving Indenture of Trust and Pledge Agreement, and approving other matters in connection therewith (File No. 171315); scheduled pursuant to Resolution Nos. 426-17 and 427-17, approved on November 30, 2017. (Clerk of the Board) President Breed opened the public hearing on the continuance and Supervisor Kim informed the Board that she will be making a motion to continue the hearings and associated legislation to a later date. President Breed then inquired as to whether any member of the public wished to address the Board regarding the proposed continuance. There were no speakers. President Breed closed public comment on the continuance. Supervisor Kim, seconded by Supervisor Yee, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171314: Establishing Project Area I (Mission Rock), and Sub-Project Areas I-1 Through I-13 Therein - Adopting Appendix I to Infrastructure Financing Plan (Port of San Francisco) - Pages: 14 - Vote 1: continuance - Action: 171314 [Establishing Project Area I (Mission Rock), and Sub-Project Areas I-1 Through I-13 Therein - Adopting Appendix I to Infrastructure Financing Plan (Port of San Francisco)] Sponsors: Mayor; Kim Ordinance establishing Project Area I (Mission Rock), and Sub-Project Areas I-1 through I-13 therein, of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco); affirming the Planning Department’s determination and making findings under the California Environmental Quality Act; and approving other matters in connection therewith. (Fiscal Impact) Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171315: Bond Issuance - Port Infrastructure Financing District - Project Area I (Mission Rock) and Sub-Project Areas I-1 Through I-13 Therein - Not to Exceed $1,378,000,000 - Pages: 14-15 - Vote 1: continuance - Action: 171315 [Bond Issuance - Port Infrastructure Financing District - Project Area I (Mission Rock) and Sub-Project Areas I-1 Through I-13 Therein - Not to Exceed $1,378,000,000] Sponsors: Mayor; Kim Resolution approving issuance of Bonds in an amount not to exceed $1,378,000,000 for Project Area I (Mission Rock), and Sub-Project Areas I-1 through 1-13 therein, of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco); approving Indenture of Trust and Pledge Agreement; and approving other matters in connection therewith. (Fiscal Impact) Supervisor Kim, seconded by Supervisor Yee, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171312: Hearing - Committee of the Whole - Amendments to the Mission Bay South Redevelopment Plan - January 23, 2018 - Pages: 15 - Vote 1: continuance - Action: ssor-Recorder on November 18, 1998, as Document No. 98-G470337- 00) as authorized by Assembly Bill 2796 (Chapter 529, Statutes 2016): an Ordinance approving amendments to the Mission Bay South Redevelopment Plan to remove a 0.3 acre parcel known as P20 from the Mission Bay South Redevelopment Plan Area, making findings under the California Environmental Quality Act, and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1 (File No. 171280); scheduled pursuant to Motion No. M17-206, approved on December 12, 2017. (Clerk of the Board) President Breed opened the public hearing on the continuance and Supervisor Kim informed the Board that she will be making a motion to continue the hearings and associated legislation to a later date. President Breed then inquired as to whether any member of the public wished to address the Board regarding the proposed continuance. There were no speakers. President Breed closed public comment on the continuance. Supervisor Kim, seconded by Supervisor Yee, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171280: Redevelopment Plan Amendments - Mission Bay South - Pages: 15-16 - Vote 1: continuance - Action: 171280 [Redevelopment Plan Amendments - Mission Bay South] Sponsors: Mayor; Kim Ordinance approving amendments to the Mission Bay South Redevelopment Plan to remove a 0.3 acre parcel known as P20 from the Mission Bay South Redevelopment Plan Area; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 180061: Hearing - Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor Due to a Vacancy in the Office of the Mayor - Pages: 16-17 - Vote 1: rejection - Action: ker successor Mayor. Otto Duffy; Mr. Wright; Mr. Bowman; Magick Altman; Tom Gilberty; Marlon Herrera; spoke on various concerns regarding nominating a successor Mayor. There were no other speakers. President Breed closed public comment. NOMINATIONS Supervisor Cohen nominated President London Breed; on the record President Breed publicly accepted the nomination. Upon the acceptance of her nomination, President Breed was sequestered and - at the request of President Breed - Supervisor Tang resumed the meeting as President Pro Tempore. Supervisor Yee nominated Supervisor Mark Farrell; on the record Supervisor Farrell publicly accepted the nomination. Upon the acceptance of his nomination, Supervisor Farrell was sequestered. Supervisor Fewer nominated Supervisor Jane Kim; on the record Supervisor Kim publicly declined the nomination. Presiding Officer Tang asked if there were any further nominations. There being no response, the nominations for Successor Mayor were then closed. SELECTION OF THE SUCCESSOR MAYOR The roll was called on the nominations of President Breed and Supervisor Farrell. ROUND 1 Motion to select President London Breed as Successor Mayor failed by the following vote: - Ayes: Cohen, Safai, Sheehy, Tang - Noes: Fewer, Kim, Peskin, Ronen, Yee - Excused: Breed, Farrell - Vote 2: other - Action: City and County of San Francisco Page 41 Printed at 10:47 am on 2/16/18 Board of Supervisors Meeting Minutes 1/23/2018 Motion to select Supervisor Mark Farrell as Successor Mayor carried by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee - Noes: Cohen, Safai - Excused: Breed, Farrell - Vote 3: rescission - Action: Presiding Officer Tang declared the hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Presiding Officer Tang recessed the meeting at 7:10 p.m., due to the disorderly conduct in the public gallery, and reconvened at 7:20 p.m. Supervisor Cohen, seconded by Supervisor Peskin, moved to reconvene as the Committee of the Whole to allow further discussions. The motion carried without objection. Supervisor Cohen, seconded by Supervisor Peskin, moved to rescind the motion to select Supervisor Mark Farrell as Successor Mayor. The motion carried by the following vote: - Ayes: Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Breed, Farrell - Vote 4: other - Action: Motion to select Supervisor Mark Farrell as Successor Mayor carried by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Sheehy, Yee - Noes: Cohen, Safai, Tang - Excused: Breed, Farrell ### File 180063: Nomination Process and Appointment of a Successor Mayor - Pages: 17-18 - Vote 1: approval, likely final - Action: 180063 [Nomination Process and Appointment of a Successor Mayor] Sponsor: Peskin Motion to take nominations and appoint a successor Mayor to fill a vacancy in the Office of the Mayor, during a Committee of the Whole hearing of the Board of Supervisors of the City and County of San Francisco on January 23, 2018. Motion No. M18-009 Supervisor Cohen, seconded by Supervisor Peskin, 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 180064: Confirming the Appointment of the Successor Mayor - Mark Farrell - Pages: 18 - Vote 1: amendment - Action: 180064 [Confirming the Appointment of the Successor Mayor - Mark Farrell] Sponsor: Peskin Motion confirming the appointment of the successor Mayor due to the vacancy in the Office of the Mayor, for a term that will expire when the winner of the special Mayoral election on June 5, 2018, takes office. The following motions were made during the Committee of the Whole (File No. 180061). Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED to confirm Mark Farrell as the successor Mayor of the City and County of San Francisco. The motion carried by the following vote: - Ayes: Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Breed, Farrell - Vote 2: rescission - Action: Supervisor Peskin, seconded by Supervisor Yee, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Breed, Farrell - Vote 3: amendment - Action: Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, to confirm Mark Farrell as the successor Mayor of the City and County of San Francisco. The motion carried by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee - Noes: Cohen, Tang - Excused: Breed, Farrell - Vote 4: approval, likely final - Action: Motion confirming the appointment of Mark Farrell as the successor Mayor due to the vacancy in the Office of the Mayor, for a term that will expire when the winner of the special Mayoral election on June 5, 2018, takes office. During the Committee of the Whole (File No. 180061) Presiding Officer Tang declared the hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. President Breed was previously sequestered during the Committee of the Whole (File No. 180061) and noted present at 7:24 p.m. President Breed irrevocably withdrew the acceptance of her nomination, and subsequently resumed the chair. Motion No. M18-010 APPROVED AS AMENDED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Noes: Breed, Cohen - Excused: Farrell ### File 180056: Urging Congress and the Federal Communications Commission to Uphold Net Neutrality - Pages: 21 - Vote 1: adoption, likely final - Action: 180056 [Urging Congress and the Federal Communications Commission to Uphold Net Neutrality] Sponsors: Farrell; Safai, Kim, Fewer, Cohen, Tang, Sheehy, Peskin and Ronen Resolution urging Congress and the Federal Communications Commission to uphold net neutrality and Title II protections. Supervisors Peskin and Ronen requested to be added as co-sponsors. Resolution No. 021-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 180059: Process for Nominating and Selecting a Successor Mayor - Pages: 21-22 - Vote 1: approval, likely final - Action: 180059 [Process for Nominating and Selecting a Successor Mayor] Sponsor: Peskin Motion directing the Clerk of the Board of Supervisors to propose a process for nominating and selecting a successor Mayor. Motion No. M18-006 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 180062: Approving Process for Nominating and Selecting a Successor Mayor - Pages: 22 - Vote 1: amendment - Action: prove a special process to nominate and appoint a successor Mayor of the City and County of San Francisco. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 23, through Page 2, Line 3, by adding ‘WHEREAS, The Clerk of the Board of Supervisors has duly offered up a nomination and appointment process for review and approval by the Board of Supervisors at the January 23 Special meeting in the form of a memorandum dated January 19, 2018; and WHEREAS, The Clerk of the Board of Supervisors has raised a consideration from the 2010 process that, while never acted on is relevant to the 2018 process, under “New Consideration” on Page 2 of 4 of said memorandum; and’; and on Page 2, Lines 14-18, by adding ‘That to be considered as a nominee for the position of Successor/Interim Mayor, the nominee shall be present in the Board Chamber at the time of the nomination and state for the record their acceptance or rejection of the nomination, as considered by the Clerk of the Board in her January 19, 2018 memorandum; and, be it FURTHER MOVED,’. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: approval, likely final - Action: Motion No. M18-007 APPROVED AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 180060: Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor Due to a Vacancy in the Office of the Mayor - January 23, 2018 - Pages: 22 - Vote 1: approval, likely final - Action: 180060 [Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor Due to a Vacancy in the Office of the Mayor - January 23, 2018] Sponsor: Peskin Motion that the Board of Supervisors convene as a Committee of the Whole on January 23, 2018, at 3:00 p.m. to discuss the proposed Motion to take nominations and appoint a successor Mayor to fill a vacancy in the Office of the Mayor. Motion No. M18-008 APPROVED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 180081: Administrative Code - Reentry Council - Eligibility Age Change - Pages: 23 ### File 180084: Public Employment - Amendment to the Annual Salary Ordinance for the Office of Public Defender - Legal Unit to Defend Immigrants from Deportation - FY2017-2018 - Pages: 23 ### File 180085: Appropriation - General Reserve - Support Immigration Related Legal Services - FY2017-2018 - $1,280,468 - Pages: 23-24 ### File 180086: Planning Code - Re-establishment of Nonconforming Self-Storage Use - Pages: 24 ### File 180087: Park, Health Codes - Transbay Rooftop Park - Pages: 24 ### File 180088: Administrative Code - Mayoral Appearance at the Board of Supervisors - Pages: 24 ### File 180089: Transportation Code - Board of Supervisors Review of Certain Municipal Transportation Agency Decisions - Pages: 24 ### File 180090: Building Code - Electric Vehicle Charging Stations - Expedited Permit Process - Pages: 24-25 ### File 180091: Adopting a Fixed Two-Year Budget - Various City Departments - FYs 2018-2019 and 2019-2020 - Pages: 25 ### File 180092: Disposition and Development Agreement - Seawall Lot 337 Associates, LLC - Mission Rock Project - Pages: 25 ### File 180093: Lease Agreement - China Basin Ballpark Company, LLC - Pier 48 - Mission Rock Project - Pages: 25 ### File 180094: Memorandum of Understanding Regarding Interagency Cooperation - Mission Rock Project - Pages: 25 ### File 180095: Memorandum of Understanding - Port Commission - Mission Rock Special Use District Financing Districts - Mission Rock Project - Pages: 25-26 ### File 180096: Street Name Change - 1600 Block of Galvez Avenue - "Sam Jordan’s Way" - Pages: 26 ### File 180097: Real Property Lease - HV Partners Block 10, L.P. - 901 Fairfax Avenue, Hunters View Phase 2B, Block 10 - $0 Monthly Base Rent with Reimbursement to Landlord Up to $100,000 - Pages: 26 ### File 180098: Declaration of Support - XXIII Winter Olympics - PyeongChang, the Republic of Korea - Pages: 26 ### File 180099: Enoch Yee-Ching Fung Day - February 2, 2018 - Pages: 26 ### File 180100: Accept and Expend Grant - Association of Bay Area Governments - Bay Area Regional Network - Energy Efficiency Program Implementation - $511,017 - Pages: 26-27 ### File 180075: Hearing - Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Additional Gross Receipts Tax on Commercial Rents - Pages: 27 ### File 180076: Hearing - Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Additional Gross Receipts Tax on Commercial Rents - Pages: 27 ### File 180101: Hearing - Cannabis State Legalization Task Force - Year II Report - Pages: 27-28 ### File 180023: Settlement of Lawsuit - Mikaela Anna Merchant - $50,000 - Pages: 28 ### File 180024: Partial Settlement of Lawsuit - Cesar and Fe Ponferrada - $34,000 - Pages: 28 ### File 180025: Partial Settlement of Lawsuit - Rizaldi Gache - $65,000 - Pages: 28-29 ### File 180026: Settlement of Lawsuit - Donald Spadini - $120,600 - Pages: 29 ### File 180027: Settlement of Lawsuit - David Zeller (Deceased) - $290,000 - Pages: 29 ### File 180028: Partial Settlement of Lawsuit - David Alfaro and Jessica Alfaro - $75,000 - Pages: 29 ### File 180029: Partial Settlement of Lawsuit - Baikonur 1701 LLC - $34,284.59 - Pages: 29-30 ### File 180030: Settlement of Lawsuit - Elyse Duckett - $250,000 - Pages: 30 ### File 180031: Summary Street Vacation - Portion of Panama Street; Sidewalk Acceptance - Niantic Street - Pages: 30 ### File 180068: Settlement of Lawsuit - MBIA Inc., MBIA Insurance Corp., MBIA Insurance Corp. of Illinois, and Jason Kissane - City to Receive $388,591 - Pages: 30-31 ### File 180069: Contract Amendment - Allied Universal Security - Security Services - Total Contract Amount $26,062,288 - Pages: 31 ### File 180070: Real Property Lease Renewal and Amendment - BRCP 1390 Market, LLC - 1390 Market Street - Initial Annual Base Rent of $1,801,119.96 - Pages: 31 ### File 180071: Site License Agreement Amendment - TriStar Investors LLC - Communications Services Facilities in Modesto, California - Total Annual License Fee $25,758 - Pages: 31-32 ## Extracted text ### [Page 1](https://sfbos.info/documents/484/2018-01-23-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, January 23, 2018 - 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 Yee, Tang, Cohen 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 Sheehy, Fewer, Ronen 10:00 AM Rules Committee 2nd and 4th Wednesday Supervisors Fewer, Safai, Yee 2:00 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 113 Number 2 ### [Page 2](https://sfbos.info/documents/484/2018-01-23-minutes#page-2) Board of Supervisors Meeting Minutes 1/23/2018 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, January 23, 2018, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Breed called the meeting to order at 2:03 p.m. On the call of the roll, all Supervisors were noted present. There was a quorum. COMMUNICATIONS There were no communications. President Breed acknowledged former Member of the Board of Supervisors, Reverend Amos Brown, who was in attendance at today's meeting. APPROVAL OF MEETING MINUTES President Breed inquired whether any Board Member had any corrections to the December 5, 2017, or December 12, 2017, Board Meeting Minutes. There were no corrections. Supervisor Farrell, seconded by Supervisor Kim, moved to approve the December 5, 2017, and December 12, 2017, Board Meeting Minutes. The motion carried by the following vote, following general public comment: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee AGENDA CHANGES There were no agenda changes. CONSENT AGENDA Recommendations of the Budget and Finance Committee 171133 [Business and Tax Regulations Code - Minimum Filing Thresholds for Gross Receipts Tax and Payroll Expense Tax] Ordinance amending the Business and Tax Regulations Code to raise the thresholds above which persons are required to file gross receipts tax and payroll expense tax returns, so that persons who qualify for the small business exemption from either tax are exempt from filing returns for that tax, other than persons taking certain tax exclusions. (Treasurer-Tax Collector) Ordinance No. 010-18 FINALLY PASSED City and County of San Francisco Page 27 Printed at 10:47 am on 2/16/18 ### [Page 3](https://sfbos.info/documents/484/2018-01-23-minutes#page-3) Board of Supervisors Meeting Minutes 1/23/2018 171155 [Business and Tax Regulations Code - Sugary Drinks Distributor Tax Administration] Sponsor: Cohen Ordinance amending the Business and Tax Regulations Code to administer the Sugary Drinks Distributor Tax. Ordinance No. 012-18 FINALLY PASSED 171172 [Authorizing Agreements - Purchase of Electricity and Related Products and Services for CleanPowerSF - Public Utilities Commission] Sponsors: Peskin; Fewer Ordinance delegating authority under Charter, Section 9.118, to the General Manager of the Public Utilities Commission to enter into agreements with terms in excess of ten years or requiring expenditures of $10,000,000 or more for power and related products and services required to supply San Francisco’s community choice aggregation program, CleanPowerSF, subject to specified conditions, as defined herein; and authorizing deviations from certain otherwise applicable contract requirements in the Administrative Code and the Environment Code. (Public Utilities Commission) (Fiscal Impact) Ordinance No. 008-18 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 171132 [Settlement of Lawsuit - Greg Blatman - $225,000] Ordinance authorizing settlement of the lawsuit filed by Greg Blatman against the City and County of San Francisco for $225,000; the lawsuit was filed on August 19, 2014, in San Francisco Superior Court, Case No. CGC 14-541248; entitled Greg Blatman v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING 171276 [Settlement of Lawsuit - Lai King Tam - $142,500] Ordinance authorizing settlement of the lawsuit filed by Lai King Tam against the City and County of San Francisco for $142,500; the lawsuit was filed on June 13, 2016, in San Francisco Superior Court, Case No. CGC-16-552527; entitled Lai King Tam v. City and County of San Francisco; the lawsuit involves personal injury allegedly caused by the dangerous condition of a City sidewalk. (City Attorney) PASSED ON FIRST READING 171277 [Settlement of Lawsuit - Patricia Burley - $100,000] Ordinance authorizing settlement of the lawsuit filed by Patricia Burley against the City and County of San Francisco for $100,000; the lawsuit was filed on October 18, 2016, in San Francisco Superior Court, Case No. CGC-16-554887, and removed on November 22, 2016, to United States District Court, Case No. 16-cv-06762 JCS; entitled Patricia Burley vs. 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 28 Printed at 10:47 am on 2/16/18 ### [Page 4](https://sfbos.info/documents/484/2018-01-23-minutes#page-4) Board of Supervisors Meeting Minutes 1/23/2018 171211 [Settlement of Unlitigated Claim - Robin Paul Roderick - $50,000] Resolution approving the settlement of the unlitigated claim filed by Robin Paul Roderick against the City and County of San Francisco for $50,000; claim was filed on February 10, 2017; the claim involves an alleged employment dispute. (City Attorney) Resolution No. 016-18 ADOPTED Recommendation of the Land Use and Transportation Committee 171095 [General Plan Amendment - Western Shoreline Area Plan (Local Coastal Plan)] Sponsors: Tang; Peskin 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) Ordinance No. 009-18 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee REGULAR AGENDA UNFINISHED BUSINESS Referred Without Recommendation from the Budget and Finance Committee 171154 [Re-Appropriation - Lease and Tenant Improvement Costs at 170-9th Street - Department of Homelessness and Supportive Housing - $4,093,100 - FY2017-2018] Sponsor: Mayor Ordinance re-appropriating $4,093,100 of lease and tenant improvement cost at 170-9th Street for the renovation of the building at 440 Turk Street for Department of Homelessness and Supportive Housing in FY2017-2018. (Fiscal Impact) Ordinance No. 011-18 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 29 Printed at 10:47 am on 2/16/18 ### [Page 5](https://sfbos.info/documents/484/2018-01-23-minutes#page-5) Board of Supervisors Meeting Minutes 1/23/2018 NEW BUSINESS Recommendations of the Budget and Finance Committee 171245 [Appropriation - State Grant, Private Funds, Tax Credits, and City Funds from CAST Powerhouse QALICB, LLC - Geneva Car Barn and Powerhouse Capital Improvements - $11,048,767 - FY2017-2018] Sponsor: Safai Ordinance appropriating $11,048,767 to the Recreation and Park Department for funding received from CAST Powerhouse QALICB, LLC (QALICB) consisting of a state grant, tax credit investments, private funding from Community Arts Stabilization Trust (CAST), and existing city appropriations for Geneva Car Barn and Powerhouse capital improvements in FY2017-2018; and placing $11,048,767 on Controller’s reserve pending receipt of a grant award from the state by the Recreation and Park Department, and written documentation of receipt of CAST equity and tax credit investments by QALICB. (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171248 [Appropriation - Proceeds from General Obligation Bonds - San Francisco Municipal Transportation Agency’s Street and Transit Projects - $177,000,000 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $177,000,000 of proceeds from General Obligation Bonds Transportation and Road Improvements, 2014 - Series 2018B to fund the San Francisco Municipal Transportation Agency's street and transit projects in FY2017-2018; and placing $177,000,000 of appropriations on Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171249 [Appropriation - Proceeds from General Obligation Bonds - Recreation and Park Department - Renovation, Repair, and Construction of Parks and Open Spaces - $76,710,000 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $76,710,000 consisting of proceeds from the third issuance of the 2012 Clean and Safe Neighborhood Parks General Obligation Bond, Series 2018A, to the Recreation and Park Department to support the renovation, repair, and construction of parks and open spaces; and placing $76,710,000 on Controller’s Reserve pending receipt of proceeds of indebtedness 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 30 Printed at 10:47 am on 2/16/18 ### [Page 6](https://sfbos.info/documents/484/2018-01-23-minutes#page-6) Board of Supervisors Meeting Minutes 1/23/2018 171282 [Appropriation - Cigarette Litter Abatement Fees - Public Works Street Cleaning Program - $300,000 - FY2017-2018] Sponsors: Mayor; Peskin Ordinance appropriating $300,000 of cigarette litter abatement fees to Public Works for street cleaning program 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 171311 [Health Code - License Fee for Cannabis Smoking Consumption Permit] Sponsor: Mayor Ordinance amending the Health Code to impose an annual license fee of $1,200 for a Cannabis Smoking Consumption permit. PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171114 [Accept and Expend Grant - San Francisco Parks Alliance - Let’sPlaySF! Playground Renovation Initiative - $15,000,000] Sponsor: Mayor Resolution authorizing the Recreation and Park Department to accept and expend a grant from the San Francisco Parks Alliance for the renovation of San Francisco playgrounds, to partner on the Let'sPlaySF! Playground Renovation Initiative, for $15,000,000 for the period of January 2018, through January 2026. (Recreation and Park Department) Resolution No. 010-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171161 [Assignment and Assumption Agreement - California Housing Finance Agency - Department of Public Health and Rosa Parks II, L.P. - 1239 Turk Street (“Willie B. Kennedy Senior Housing Development”) - $300,000 - FY2017-2018] Sponsor: Mayor Resolution accepting the Mental Health Services Act (MHSA) Assignment and Assumption Agreement Loan and related loan documents between the California Housing Finance Agency, a public instrumentality and political subdivision of the State of California (Assignor), and the San Francisco Department of Public Health (Assignee) for the benefit of the Willie B. Kennedy senior housing development, located at 1239 Turk Street (Project), with Rosa Parks II, L.P., a California limited partnership as owner; and authorizing the Mayor on behalf of the City and County of San Francisco, to accept the Assignment and Assumption Agreement from Assignor so that Assignee may monitor all ongoing oversight and service obligations for the Project under the MHSA Permanent Loan Documents and the MHSA Housing Program in accordance with the San Francisco Mental Health Services Act Integrated Plan in the loan amount of $300,000 for FY2017-2018. Resolution No. 012-18 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 31 Printed at 10:47 am on 2/16/18 ### [Page 7](https://sfbos.info/documents/484/2018-01-23-minutes#page-7) Board of Supervisors Meeting Minutes 1/23/2018 171163 [Accept and Expend Grant - San Francisco General Hospital Foundation - Department of Public Health - Zuckerberg Patient Care Quality Improvement Fund - $7,346,756] Sponsor: Cohen Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $7,346,756 from the San Francisco General Hospital Foundation to participate in a program entitled Zuckerberg Patient Care Quality Improvement Fund for the period of October 23, 2017, through June 30, 2020, and waiving indirect costs. (Public Health Department) Resolution No. 013-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171177 [Prevailing Wage Rates - Various Workers Performing Work Under City Contracts] Resolution fixing prevailing wage rates for 1) workers performing work under City contracts for public work and improvement; 2) workers performing work under City contracts for janitorial services; 3) workers performing work in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; 4) workers engaged in theatrical or technical services for shows on property owned by the City; 5) workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City; 6) workers performing moving services under City contracts at facilities owned or leased by the City; 7) workers engaged in exhibit, display, or trade show work at special events on property owned by the City; 8) workers engaged in broadcast services on property owned by the City; 9) workers engaged in loading or unloading into or from a commercial vehicle on City property of materials, goods, or products in connection with a show or special event, or engaged in driving a commercial vehicle into which or from which materials, goods, or products are loaded or unloaded on City property in connection with a show or special event, or engaged in driving a commercial vehicle into which or from which materials, goods, or products are loaded or unloaded on City property in connection with a show or special event; 10) workers engaged in security guard services under City contracts or at facilities or on property owned or leased by the City; and 11) motor bus service contracts. (Civil Service Commission) (Fiscal Impact) Resolution No. 014-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171195 [Second 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 Commons] Sponsors: Mayor; Kim Resolution authorizing the execution and performance of a Second Amendment to the Ground Lease between the City and County of San Francisco and Mission Bay Affordable Housing, L.P., for real property located at 150 Berry Street, 201, 207, 213, 215, 217, 219, 221, 223, 225 and 227 King Streets, in connection with the loan refinancing and minor rehabilitation of community space at Rich Sorro Commons, a 100-unit affordable housing development for very low income individuals and families, with no change to the length of term or amount. Resolution No. 015-18 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 32 Printed at 10:47 am on 2/16/18 ### [Page 8](https://sfbos.info/documents/484/2018-01-23-minutes#page-8) Board of Supervisors Meeting Minutes 1/23/2018 171253 [Sale of General Obligation Bonds - Transportation and Road Improvement Bonds, 2014 - Not to Exceed $177,000,000] Sponsor: Mayor Resolution authorizing and directing the sale of not to exceed $177,000,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Transportation and Road Improvement Bonds, 2014), Series 2018B; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by either competitive or negotiated sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s official intent to reimburse certain expenditures; waiving the deadline for submission of Bond Accountability Reports; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Chapter 31 of the Administrative Code; ratifying certain actions previously taken as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Controller) (Fiscal Impact) Resolution No. 017-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171254 [Sale of General Obligation Bonds - Clean and Safe Neighborhood Parks Bonds - Not to Exceed $76,710,000] Sponsor: Mayor Resolution authorizing and directing the sale of not to exceed $76,710,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Clean and Safe Neighborhood Parks Bonds, 2012), Series 2018A; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive or negotiated sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s official intent to reimburse certain expenditures; waiving the deadline for submission of Bond Accountability Reports; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Chapter 31 of the Administrative Code; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Controller) (Fiscal Impact) Resolution No. 018-18 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 33 Printed at 10:47 am on 2/16/18 ### [Page 9](https://sfbos.info/documents/484/2018-01-23-minutes#page-9) Board of Supervisors Meeting Minutes 1/23/2018 171278 [Emergency Declaration - Repair and Servicing of the Tesla Treatment Facility Flywheel Uninterruptible Power Supply Units - Hetch Hetchy Regional Water System - Not to Exceed Cost of $322,548] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission pursuant to Administrative Code, Section 6.60, for the repair and servicing of the Tesla Treatment Facility Flywheel Uninterruptible Power Supply Units of the Hetch Hetchy Regional Water System, with an estimated total cost not to exceed $322,548. (Public Utilities Commission) (Fiscal Impact) Resolution No. 019-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171319 [Real Property Acquisition - 700-730 Stanyan Street - McDonald’s Corporation - $15,500,000] Sponsor: Mayor Resolution approving and authorizing the Real Estate Division, on behalf of the Mayor’s Office of Housing and Community Development, to acquire Real Property, located at 700-730 Stanyan Street from McDonald’s Corporation, for purchase at $15,500,000; placing the property under the jurisdiction of the Mayor’s Office of Housing and Community Development for use in constructing affordable housing for San Franciscans; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the purchase agreement and this Resolution, as defined herein. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 020-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendations of the Government Audit and Oversight Committee President Breed requested File Nos. 170660 and 170662 be called together. 170660 [Follow-Up Board Response - Civil Grand Jury Report - Accelerating SF Government Performance - Taking Accountability and Transparency to the Next Level] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation Nos. R2.2, R3.1, R4.1, R6, and R8 contained in the 2016-2017 Civil Grand Jury Report, entitled “Accelerating SF Government Performance - Taking Accountability and Transparency to the Next Level.” (Government Audit and Oversight Committee) Motion No. M18-004 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 34 Printed at 10:47 am on 2/16/18 ### [Page 10](https://sfbos.info/documents/484/2018-01-23-minutes#page-10) Board of Supervisors Meeting Minutes 1/23/2018 170662 [Follow-Up Board Response - Civil Grand Jury Report - The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation No. R2.2 contained in the 2016-2017 Civil Grand Jury Report, entitled “The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight.” (Government Audit and Oversight Committee) Motion No. M18-005 APPROVED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendations of the Land Use and Transportation Committee 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) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171173 [Planning Code - Mission Street Neighborhood Commercial Transit District] Sponsor: Ronen Ordinance amending the Planning Code to prohibit Non-Retail Professional Services uses, limit lot mergers, and allow Arts Activities and Catering uses within the Mission Street Neighborhood Commercial Transit District; affirming the Planning Commission’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Commission) 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 35 Printed at 10:47 am on 2/16/18 ### [Page 11](https://sfbos.info/documents/484/2018-01-23-minutes#page-11) Board of Supervisors Meeting Minutes 1/23/2018 171122 [Interim Zoning Controls - Supervisorial District 11 - Institutional Uses, Certain Personal Service Uses, and Conversion of Commercial to Residential Use] Sponsor: Safai Resolution imposing interim zoning controls for an 18-month period in the Excelsior Outer Mission Neighborhood Commercial District and areas in Supervisorial District 11 zoned Small-Scale Neighborhood Commercial District (NC-2), Moderate-Scale Neighborhood Commercial District (NC-3), Neighborhood Commercial Shopping Center District (NC-S), Small-Scale Neighborhood Commercial Transit District (NCT-2), and Moderate-Scale Neighborhood Commercial Transit District (NCT-3), to require a Conditional Use authorization for the following new Uses (or existing Uses operating without proper approvals and permits) in areas where such Uses currently are permitted: all Institutional Uses located on the First Story, certain categories of Institutional Uses located on any Story, and a Personal Service Use operating as a salon and/or providing cosmetic services and located on the First Story; to require a Conditional Use authorization for the conversion of any Commercial Use to a Residential Use; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and priority policies in Planning Code, Section 101.1. Resolution No. 011-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendations of the Public Safety and Neighborhood Services Committee President Breed requested File Nos. 170906 and 171058 be called together. 170906 [Liquor License - 2919-16th Street - City Club] Resolution determining that the transfer of a Type-48 on-sale general public premises liquor license to La Ciudad Club, dba City Club, located at 2919-16th Street (District 9), 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. 008-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171058 [Liquor License - 1148-1150 Mission Street - City Beer Store] Resolution determining that the premise-to-premise transfer of a Type-42 on-sale beer and wine public premises liquor license to City Beer Store, LLC, located at 1148-1150 Mission 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. 009-18 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 36 Printed at 10:47 am on 2/16/18 ### [Page 12](https://sfbos.info/documents/484/2018-01-23-minutes#page-12) Board of Supervisors Meeting Minutes 1/23/2018 Recommendations of the 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. Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of January 30, 2018. The motion FAILED by the following vote: Ayes: 4 - Farrell, Peskin, Ronen, Tang Noes: 7 - Breed, Cohen, Fewer, Kim, Safai, Sheehy, Yee PASSED ON FIRST READING by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee Noes: 1 - Peskin President Breed requested File Nos. 171306 and 171307 be called together. 171306 [Charter Amendment - Appointed Board Members and Commissioners Seeking Elective Office] Sponsors: Peskin; Kim, Safai and Yee Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to provide that appointed members of boards and commissions under the Charter forfeit their offices upon filing a declaration of candidacy for state or local elective office; at an election to be held on June 5, 2018. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of January 30, 2018. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171307 [Charter Amendment - Retirement Board] Sponsor: Peskin Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to reduce the Mayoral appointments to the Retirement Board from three to two members and to require that the City Attorney appoint one member; to require that the appointments of the Mayor and City Attorney be subject to a hearing and Board of Supervisors’ approval within 60 days, but that if not acted upon become effective on the 61st day; to require that the term of any member appointed by the Mayor between December 1, 2014, and January 1, 2018, expire on September 1, 2018, with the City Attorney appointing a member to fill such a vacancy; and to require that the Retirement Board disclose certain investment information on a biannual basis; at an election to be held on June 5, 2018. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of January 30, 2018. 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 37 Printed at 10:47 am on 2/16/18 ### [Page 13](https://sfbos.info/documents/484/2018-01-23-minutes#page-13) Board of Supervisors Meeting Minutes 1/23/2018 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Tang, seconded by Supervisor Ronen, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Tang introduced, welcomed, and presented Certificates of Honor to the many organ and tissue donors during the month of January 2018, particularly the late Mayor Edwin Lee, Louis Joseph Boss, Charles Alexander McLeran, and Lisa M. Coleman. Supervisor Ronen introduced, welcomed, and presented a Certificate of Honor to Jose Pepe Gonzalez in recognition of his accomplishments and continued community support. SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole President Breed requested File Nos. 171247, 171314, 171315, 171312 and 171280 be called together. Supervisor Farrell was previously sequestered during the Committee of the Whole (File No. 180061) and noted present at 7:27 p.m. 171247 [Hearing - Committee of the Whole - Project Area I (Mission Rock), and Sub-Project Areas I-1 Through I-13, Infrastructure Financing District No. 2 - January 23, 2018] Hearing of the Board of Supervisors sitting as a Committee of the Whole on January 23, 2018, at 3:00 p.m., to hold a public hearing to consider the following to establish Project Area I (Mission Rock), and Sub-Project Areas I-1 through I-13 therein, of Infrastructure Financing District No. 2 (Port of San Francisco): an Ordinance establishing Project Area I, and Sub-Project Areas I-1 through I-13 therein, of Infrastructure Financing District No. 2, affirming the Planning Department’s determination and making findings under the California Environmental Quality Act, and approving other matters in connection therewith (File No. 171314); and a Resolution approving issuance of Bonds in an amount not to exceed $1,378,000,000 for Project Area I, and Sub-Project Areas I-1 through 1-13 therein, of Infrastructure Financing District No. 2, approving Indenture of Trust and Pledge Agreement, and approving other matters in connection therewith (File No. 171315); scheduled pursuant to Resolution Nos. 426-17 and 427-17, approved on November 30, 2017. (Clerk of the Board) President Breed opened the public hearing on the continuance and Supervisor Kim informed the Board that she will be making a motion to continue the hearings and associated legislation to a later date. President Breed then inquired as to whether any member of the public wished to address the Board regarding the proposed continuance. There were no speakers. President Breed closed public comment on the continuance. Supervisor Kim, seconded by Supervisor Yee, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of February 13, 2018. 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 38 Printed at 10:47 am on 2/16/18 ### [Page 14](https://sfbos.info/documents/484/2018-01-23-minutes#page-14) Board of Supervisors Meeting Minutes 1/23/2018 Committee of the Whole Adjourn and Report 171314 [Establishing Project Area I (Mission Rock), and Sub-Project Areas I-1 Through I-13 Therein - Adopting Appendix I to Infrastructure Financing Plan (Port of San Francisco)] Sponsors: Mayor; Kim Ordinance establishing Project Area I (Mission Rock), and Sub-Project Areas I-1 through I-13 therein, of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco); affirming the Planning Department’s determination and making findings under the California Environmental Quality Act; and approving other matters in connection therewith. (Fiscal Impact) Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171315 [Bond Issuance - Port Infrastructure Financing District - Project Area I (Mission Rock) and Sub-Project Areas I-1 Through I-13 Therein - Not to Exceed $1,378,000,000] Sponsors: Mayor; Kim Resolution approving issuance of Bonds in an amount not to exceed $1,378,000,000 for Project Area I (Mission Rock), and Sub-Project Areas I-1 through 1-13 therein, of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco); approving Indenture of Trust and Pledge Agreement; and approving other matters in connection therewith. (Fiscal Impact) Supervisor Kim, seconded by Supervisor Yee, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 13, 2018. 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 39 Printed at 10:47 am on 2/16/18 ### [Page 15](https://sfbos.info/documents/484/2018-01-23-minutes#page-15) Board of Supervisors Meeting Minutes 1/23/2018 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 171312 [Hearing - Committee of the Whole - Amendments to the Mission Bay South Redevelopment Plan - January 23, 2018] Hearing of the Board of Supervisors sitting as a Committee of the Whole on January 23, 2018, at 3:00 p.m., to hold a public hearing to consider the following amendments to the Mission Bay South Redevelopment Plan (the legal description for the existing Redevelopment Plan Area boundaries was recorded with the San Francisco Office of the Assessor-Recorder on November 18, 1998, as Document No. 98-G470337- 00) as authorized by Assembly Bill 2796 (Chapter 529, Statutes 2016): an Ordinance approving amendments to the Mission Bay South Redevelopment Plan to remove a 0.3 acre parcel known as P20 from the Mission Bay South Redevelopment Plan Area, making findings under the California Environmental Quality Act, and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1 (File No. 171280); scheduled pursuant to Motion No. M17-206, approved on December 12, 2017. (Clerk of the Board) President Breed opened the public hearing on the continuance and Supervisor Kim informed the Board that she will be making a motion to continue the hearings and associated legislation to a later date. President Breed then inquired as to whether any member of the public wished to address the Board regarding the proposed continuance. There were no speakers. President Breed closed public comment on the continuance. Supervisor Kim, seconded by Supervisor Yee, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Committee of the Whole Adjourn and Report 171280 [Redevelopment Plan Amendments - Mission Bay South] Sponsors: Mayor; Kim Ordinance approving amendments to the Mission Bay South Redevelopment Plan to remove a 0.3 acre parcel known as P20 from the Mission Bay South Redevelopment Plan Area; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of February 13, 2018. 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 40 Printed at 10:47 am on 2/16/18 ### [Page 16](https://sfbos.info/documents/484/2018-01-23-minutes#page-16) Board of Supervisors Meeting Minutes 1/23/2018 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole President Breed requested File Nos. 180061 and 180063 be called together. 180061 [Hearing - Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor Due to a Vacancy in the Office of the Mayor] Hearing of the Board of Supervisors convening as a Committee of the Whole to discuss the proposed Motions to take nominations and appoint a successor Mayor to fill a vacancy in the Office of the Mayor (File Nos. 180063 and 180064). (Clerk of the Board) President Breed opened the public hearing and inquired as to whether any individual wished to address the Board. Jon Givner (Office of the City Attorney) presented information and answered questions raised throughout the discussion. Ace Washington; Reverend Amos Brown; Speaker; Virginia Marshall; Speaker; Tiazi; Speaker; Hattie Brie; Linda Yoakum; Speaker; Falluah Sentinia; LaVonne McIntosh; Sala-Haquekyah Chandler; Shawn Richards; Jordan Davis; Rebecca King Morrow; Ken Johnson; Patrick Ryan; Jacqueline Flin; Amos Young; Angela Mann; Speaker; Speaker; Richard Dao; Speaker; Fred Jordan; Speaker; spoke in support of nominating President London Breed. Speaker; spoke in support of nominating Rod Conway. Speaker; spoke in support of nominating either Art Agnos, Tom Ammiano or Naomi Kelly. Speaker; Speaker; Shannon Moy; Joshua; Richard Greenberg; Rene Currin; Lisa Aubrey; spoke in support of nominating Naomi Kelly. Cynthia Pollock; Speaker; spoke in support of nominating Nadia Sesay, Naomi Kelly, Angela Calvillo, Micki Callahan or Monique Zmuda. Speaker; Speaker; Speaker; Jennifer; spoke in support of nominating a caretaker successor Mayor. Otto Duffy; Mr. Wright; Mr. Bowman; Magick Altman; Tom Gilberty; Marlon Herrera; spoke on various concerns regarding nominating a successor Mayor. There were no other speakers. President Breed closed public comment. NOMINATIONS Supervisor Cohen nominated President London Breed; on the record President Breed publicly accepted the nomination. Upon the acceptance of her nomination, President Breed was sequestered and - at the request of President Breed - Supervisor Tang resumed the meeting as President Pro Tempore. Supervisor Yee nominated Supervisor Mark Farrell; on the record Supervisor Farrell publicly accepted the nomination. Upon the acceptance of his nomination, Supervisor Farrell was sequestered. Supervisor Fewer nominated Supervisor Jane Kim; on the record Supervisor Kim publicly declined the nomination. Presiding Officer Tang asked if there were any further nominations. There being no response, the nominations for Successor Mayor were then closed. SELECTION OF THE SUCCESSOR MAYOR The roll was called on the nominations of President Breed and Supervisor Farrell. ROUND 1 Motion to select President London Breed as Successor Mayor failed by the following vote: Ayes: 4 - Cohen, Safai, Sheehy, Tang Noes: 5 - Fewer, Kim, Peskin, Ronen, Yee Excused: 2 - Breed, Farrell City and County of San Francisco Page 41 Printed at 10:47 am on 2/16/18 ### [Page 17](https://sfbos.info/documents/484/2018-01-23-minutes#page-17) Board of Supervisors Meeting Minutes 1/23/2018 Motion to select Supervisor Mark Farrell as Successor Mayor carried by the following vote: Ayes: 7 - Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee Noes: 2 - Cohen, Safai Excused: 2 - Breed, Farrell Presiding Officer Tang declared the hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Presiding Officer Tang recessed the meeting at 7:10 p.m., due to the disorderly conduct in the public gallery, and reconvened at 7:20 p.m. Supervisor Cohen, seconded by Supervisor Peskin, moved to reconvene as the Committee of the Whole to allow further discussions. The motion carried without objection. Supervisor Cohen, seconded by Supervisor Peskin, moved to rescind the motion to select Supervisor Mark Farrell as Successor Mayor. The motion carried by the following vote: Ayes: 9 - Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Breed, Farrell Motion to select Supervisor Mark Farrell as Successor Mayor carried by the following vote: Ayes: 6 - Fewer, Kim, Peskin, Ronen, Sheehy, Yee Noes: 3 - Cohen, Safai, Tang Excused: 2 - Breed, Farrell The recommended nomination of Supervisor Mark Farrell was forwarded to the full Board for consideration. Presiding Officer Tang declared the 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 Kim assumed the chair at 5:50 p.m. The President resumed the chair at 5:59 p.m. At the request of President Breed, Supervisor Farrell assumed the chair at 6:46 p.m. The President resumed the chair at 6:50 p.m. Committee of the Whole Adjourn and Report 180063 [Nomination Process and Appointment of a Successor Mayor] Sponsor: Peskin Motion to take nominations and appoint a successor Mayor to fill a vacancy in the Office of the Mayor, during a Committee of the Whole hearing of the Board of Supervisors of the City and County of San Francisco on January 23, 2018. Motion No. M18-009 Supervisor Cohen, seconded by Supervisor Peskin, 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 City and County of San Francisco Page 42 Printed at 10:47 am on 2/16/18 ### [Page 18](https://sfbos.info/documents/484/2018-01-23-minutes#page-18) Board of Supervisors Meeting Minutes 1/23/2018 180064 [Confirming the Appointment of the Successor Mayor - Mark Farrell] Sponsor: Peskin Motion confirming the appointment of the successor Mayor due to the vacancy in the Office of the Mayor, for a term that will expire when the winner of the special Mayoral election on June 5, 2018, takes office. The following motions were made during the Committee of the Whole (File No. 180061). Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED to confirm Mark Farrell as the successor Mayor of the City and County of San Francisco. The motion carried by the following vote: Ayes: 9 - Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Breed, Farrell Supervisor Peskin, seconded by Supervisor Yee, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 9 - Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 2 - Breed, Farrell Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, to confirm Mark Farrell as the successor Mayor of the City and County of San Francisco. The motion carried by the following vote: Ayes: 7 - Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Noes: 2 - Cohen, Tang Excused: 2 - Breed, Farrell Motion confirming the appointment of Mark Farrell as the successor Mayor due to the vacancy in the Office of the Mayor, for a term that will expire when the winner of the special Mayoral election on June 5, 2018, takes office. During the Committee of the Whole (File No. 180061) Presiding Officer Tang declared the hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. President Breed was previously sequestered during the Committee of the Whole (File No. 180061) and noted present at 7:24 p.m. President Breed irrevocably withdrew the acceptance of her nomination, and subsequently resumed the chair. Motion No. M18-010 APPROVED AS AMENDED by the following vote: Ayes: 8 - Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Noes: 2 - Breed, Cohen Excused: 1 - Farrell ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 43 Printed at 10:47 am on 2/16/18 ### [Page 19](https://sfbos.info/documents/484/2018-01-23-minutes#page-19) Board of Supervisors Meeting Minutes 1/23/2018 PUBLIC COMMENT Wynship W. Hillier; requested that the members of the Board resign due to concerns regarding Citywide Case Management. Speaker; expressed concerns regarding the District Attorney and threats by a certain police officer. Larissa; expressed support of the newly introduced legislation regarding immigration related legal services. Marisa; expressed support of the newly introduced legislation regarding immigration related legal services. Debbie Thomas; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Annette Wong; expressed support of the newly introduced legislation regarding immigration related legal services. Speaker; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Rachel Ryan; expressed support of appointing a caretaker successor Mayor. Gabriel Markoff; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Abdul; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Jason Kruda; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Magick Altman; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Fayad Raza; expressed support of appointing a caretaker successor Mayor. Jamil Patterson; spoke in support of various proposed legislation, and the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Mark; expressed support of appointing a caretaker successor Mayor. Norman Daygalman; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Speaker; expressed support of appointing a caretaker successor Mayor. Rufus Watkins; expressed support of appointing a caretaker successor Mayor. Raphael; expressed concerns regarding Tasers for police officers. Speakers; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Speaker; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Ben Becker; expressed support of appointing a caretaker successor Mayor. Trevor Martin; expressed support of appointing a caretaker successor Mayor. Speaker; expressed support of appointing a caretaker successor Mayor. Ellen Price; expressed support of appointing a caretaker successor Mayor. Reverend Amos Brown; spoke in opposition to appointing a caretaker successor Mayor. Debbie Winslow; spoke in opposition to appointing a caretaker successor Mayor. Speaker; spoke in opposition to appointing a caretaker successor Mayor. Shawn Richards; spoke in opposition to appointing a caretaker successor Mayor. Olga Olsen; spoke on various concerns regarding appointing a successor Mayor. Speaker; spoke in opposition to appointing a caretaker successor Mayor. Sala-Haquekyah Chandler; spoke in opposition to appointing a caretaker successor Mayor. Jacqueline Flin; spoke in opposition to appointing a caretaker successor Mayor. Virginia Marsh; spoke in opposition to appointing a caretaker successor Mayor. Anna Flores; expressed support of the newly introduced legislation regarding immigration related legal services. Speaker; expressed support of appointing a caretaker successor Mayor. Speaker; expressed support of appointing a caretaker successor Mayor. Speaker; expressed support of appointing a caretaker successor Mayor. City and County of San Francisco Page 44 Printed at 10:47 am on 2/16/18 ### [Page 20](https://sfbos.info/documents/484/2018-01-23-minutes#page-20) Board of Supervisors Meeting Minutes 1/23/2018 Mr. Bowman; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). LaVonne McIntosh; spoke in opposition to appointing a caretaker successor Mayor. Linda Yoakum; spoke in opposition to appointing a caretaker successor Mayor. Speaker; spoke in opposition to appointing a caretaker successor Mayor. Leva Shephard; spoke in opposition to appointing a caretaker successor Mayor. Clint Reese; spoke in opposition to appointing a caretaker successor Mayor. Jordan Davis; spoke in opposition to appointing a caretaker successor Mayor, and in support of the newly introduced legislation regarding immigration related legal services. Speaker; expressed support of appointing a caretaker successor Mayor. Speaker; expressed support of appointing a caretaker successor Mayor. Speaker; spoke in support of the newly introduced legislation regarding immigration related legal services. Eduarda; spoke in support of the newly introduced legislation regarding immigration related legal services. Andrea Shorter; spoke in opposition to appointing a caretaker successor Mayor. Ace Washington; spoke in opposition to appointing a caretaker successor Mayor. Kurt Grimes; spoke in opposition to appointing a caretaker successor Mayor. Rebecca King Morrow; spoke in opposition to appointing a caretaker successor Mayor. John W. Smith; spoke in opposition to appointing a caretaker successor Mayor. Curtis Woo; expressed support of appointing a caretaker successor Mayor. Michael; expressed support of appointing a caretaker successor Mayor. Christian Hinefelt; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Lisa Zaner; spoke in opposition to appointing a caretaker successor Mayor. Minyon McGriff; spoke in opposition to appointing a caretaker successor Mayor. Maggie Scott; spoke in opposition to appointing a caretaker successor Mayor. Valerie Matthews; spoke in opposition to appointing a caretaker successor Mayor. Speaker; spoke in opposition to appointing a caretaker successor Mayor. Josea Perez; spoke in opposition to appointing a caretaker successor Mayor. Tom O’Connor; spoke in opposition to appointing a caretaker successor Mayor. Cynthia Pollock; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Patrick Ryan; spoke in opposition to appointing a caretaker successor Mayor. Jermaine Honey; spoke in opposition to appointing a caretaker successor Mayor. Angela Mann; spoke in opposition to appointing a caretaker successor Mayor. Cynthia Leyna; spoke in opposition to appointing a caretaker successor Mayor. Lorraine Petty; shared concerns regarding the needs for District 5. Peter Warfield; shared concerns regarding the Public Library and privacy. Otto Duffy; expressed support of appointing a caretaker successor Mayor. Ellen Lee Zhou; spoke on concerns regarding immigration. Amy Fairweisen; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Fatima Cohen; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Allison Brockman; spoke on various concerns regarding the treatment of the disenfranchised. Speaker; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Lisa Aubrey; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Denise Sequol; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Speaker; spoke in support of the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor (File No. 180060). Shannon Moy; expressed support of appointing a caretaker successor Mayor. Tom Gilberty; expressed support of appointing a caretaker successor Mayor, and the need for affordable housing. City and County of San Francisco Page 45 Printed at 10:47 am on 2/16/18 ### [Page 21](https://sfbos.info/documents/484/2018-01-23-minutes#page-21) Board of Supervisors Meeting Minutes 1/23/2018 Frisco; spoke on concerns regarding homicides by police officers. Raul; shared concerns regarding the indigenous people of America. Joshua Herbert; expressed support of appointing a caretaker successor Mayor. Natalia Crestridge; expressed support of appointing a caretaker successor Mayor. Olga Miranda; spoke in opposition to appointing a caretaker successor Mayor. Francisco Da Costa; spoke on concerns regarding financing political campaigns. Appointment of President Pro Tempore At the request of President Breed, Supervisor Safai assumed the chair at 4:42 p.m. The President resumed the chair at 5:06 p.m. FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Farrell requested that File No. 180056 be severed so that it may be considered separately. 180056 [Urging Congress and the Federal Communications Commission to Uphold Net Neutrality] Sponsors: Farrell; Safai, Kim, Fewer, Cohen, Tang, Sheehy, Peskin and Ronen Resolution urging Congress and the Federal Communications Commission to uphold net neutrality and Title II protections. Supervisors Peskin and Ronen requested to be added as co-sponsors. Resolution No. 021-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Supervisor Peskin requested that File Nos. 180059, 180062 and 180060 be severed so that they may be considered separately. 180059 [Process for Nominating and Selecting a Successor Mayor] Sponsor: Peskin Motion directing the Clerk of the Board of Supervisors to propose a process for nominating and selecting a successor Mayor. Motion No. M18-006 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 46 Printed at 10:47 am on 2/16/18 ### [Page 22](https://sfbos.info/documents/484/2018-01-23-minutes#page-22) Board of Supervisors Meeting Minutes 1/23/2018 180062 [Approving Process for Nominating and Selecting a Successor Mayor] Motion to consider and approve a special process to nominate and appoint a successor Mayor of the City and County of San Francisco. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 23, through Page 2, Line 3, by adding ‘WHEREAS, The Clerk of the Board of Supervisors has duly offered up a nomination and appointment process for review and approval by the Board of Supervisors at the January 23 Special meeting in the form of a memorandum dated January 19, 2018; and WHEREAS, The Clerk of the Board of Supervisors has raised a consideration from the 2010 process that, while never acted on is relevant to the 2018 process, under “New Consideration” on Page 2 of 4 of said memorandum; and’; and on Page 2, Lines 14-18, by adding ‘That to be considered as a nominee for the position of Successor/Interim Mayor, the nominee shall be present in the Board Chamber at the time of the nomination and state for the record their acceptance or rejection of the nomination, as considered by the Clerk of the Board in her January 19, 2018 memorandum; and, be it FURTHER MOVED,’. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Motion No. M18-007 APPROVED AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 180060 [Committee of the Whole - Public Hearing to Take Nominations and Appoint a Successor Mayor Due to a Vacancy in the Office of the Mayor - January 23, 2018] Sponsor: Peskin Motion that the Board of Supervisors convene as a Committee of the Whole on January 23, 2018, at 3:00 p.m. to discuss the proposed Motion to take nominations and appoint a successor Mayor to fill a vacancy in the Office of the Mayor. Motion No. M18-008 APPROVED 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 47 Printed at 10:47 am on 2/16/18 ### [Page 23](https://sfbos.info/documents/484/2018-01-23-minutes#page-23) Board of Supervisors Meeting Minutes 1/23/2018 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 180081 [Administrative Code - Reentry Council - Eligibility Age Change] Sponsor: Breed Ordinance amending the Administrative Code to change the eligibility age for one of the seven former inmate members appointed to the Reentry Council by the Mayor from ages 18 to 24 to ages 18 to 35, and to require that that inmate member have been an inmate before the age of 24. 01/23/18; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 2/22/2018. 180084 [Public Employment - Amendment to the Annual Salary Ordinance for the Office of Public Defender - Legal Unit to Defend Immigrants from Deportation - FY2017-2018] Sponsors: Fewer; Ronen, Sheehy, Peskin and Yee Ordinance amending Ordinance No. 157-17 (Annual Salary Ordinance FYs 2017-2018 and 2018-2019) to reflect the addition of 14 new positions (3.50 FTEs) in FY2017-2018 at the Office of Public Defender for supporting immigration unit expansion to defend immigrants from deportation. (Fiscal Impact; No Budget and Legislative Analyst Report) 01/23/18; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 2/22/2018. 180085 [Appropriation - General Reserve - Support Immigration Related Legal Services - FY2017-2018 - $1,280,468] Sponsors: Fewer; Ronen, Sheehy, Peskin and Yee Ordinance appropriating $1,280,468 from the General Reserve to the Office of Public Defender to expand immigration unit, to the Mayor’s Office of Housing and Community Development to fund legal representation and rapid response social services, and to the Department of Election to fund non-citizen voter outreach and education services in FY2017-2018. (Fiscal Impact; No Budget and Legislative Analyst Report) 01/23/18; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 2/22/2018. City and County of San Francisco Page 48 Printed at 10:47 am on 2/16/18 ### [Page 24](https://sfbos.info/documents/484/2018-01-23-minutes#page-24) Board of Supervisors Meeting Minutes 1/23/2018 180086 [Planning Code - Re-establishment of Nonconforming Self-Storage Use] Sponsor: Kim Ordinance amending the Planning Code to allow the owner of premises leased to the City and County of San Francisco for a public safety-related use to resume a pre-existing legal nonconforming self-storage use after the City vacates the property; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. 01/23/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 2/22/2018. 180087 [Park, Health Codes - Transbay Rooftop Park] Sponsor: Kim Ordinance amending the Park Code to treat the rooftop park located above the Transbay Transit Center as a City park for certain purposes; amending the Health Code to prohibit smoking on the rooftop park; and affirming the Planning Department’s determination under the California Environmental Quality Act. 01/23/18; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 2/22/2018. 180088 [Administrative Code - Mayoral Appearance at the Board of Supervisors] Sponsor: Peskin Ordinance amending the Administrative Code to modify the process for the Mayor to appear at the Board of Supervisors for a question-and-answer session. 01/23/18; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 2/22/2018. 180089 [Transportation Code - Board of Supervisors Review of Certain Municipal Transportation Agency Decisions] Sponsors: Safai; Peskin Ordinance amending Division I of the Transportation Code to establish a procedure for Board of Supervisors review of certain Municipal Transportation Agency Decisions. 01/23/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 2/22/2018. 180090 [Building Code - Electric Vehicle Charging Stations - Expedited Permit Process] Sponsor: Tang Ordinance amending the Building Code to enact an expedited and streamlined permit process for Electric Vehicle Charging Stations; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk to forward this Ordinance to the California Building Standards Commission upon final passage. 01/23/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 2/22/2018. City and County of San Francisco Page 49 Printed at 10:47 am on 2/16/18 ### [Page 25](https://sfbos.info/documents/484/2018-01-23-minutes#page-25) Board of Supervisors Meeting Minutes 1/23/2018 RESOLUTIONS 180091 [Adopting a Fixed Two-Year Budget - Various City Departments - FYs 2018-2019 and 2019-2020] Sponsor: Breed Resolution adopting a fixed two-year budgetary cycle for the following various City departments: Airport, Child Support Services, Port, and Public Utilities Commission; defining terms, and setting deadlines. 01/23/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180092 [Disposition and Development Agreement - Seawall Lot 337 Associates, LLC - Mission Rock Project] Sponsors: Breed; Kim Resolution approving a Disposition and Development Agreement between the Port and Seawall Lot 337 Associates, LLC, for 28 acres of real property known as Seawall Lot 337, located east of Third Street between China Basin Channel and Mission Rock Street, China Basin Park, and the portion of Terry A. Francois Boulevard abutting the park, Pier 48, the marginal wharf between Pier 48 and Pier 50, and Parcel P20; 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; No Budget and Legislative Analyst Report) 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180093 [Lease Agreement - China Basin Ballpark Company, LLC - Pier 48 - Mission Rock Project] Sponsors: Breed; Kim Resolution approving a Lease between the Port and China Basin Ballpark Company, LLC, for Pier 48; and adopting findings under the California Environmental Quality Act. 01/23/18; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 180094 [Memorandum of Understanding Regarding Interagency Cooperation - Mission Rock Project] Sponsors: Breed; Kim Resolution approving a Memorandum of Understanding between the Port and other City Agencies regarding Interagency Cooperation for the proposed Mission Rock Project; adopting findings under the California Environmental Quality Act; and adopting findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b). 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180095 [Memorandum of Understanding - Port Commission - Mission Rock Special Use District Financing Districts - Mission Rock Project] Sponsors: Breed; Kim Resolution approving a Memorandum of Understanding relating to and appointing Port Commission as agent of Mission Rock Special Use District financing districts; and approving related matters, as defined herein. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 50 Printed at 10:47 am on 2/16/18 ### [Page 26](https://sfbos.info/documents/484/2018-01-23-minutes#page-26) Board of Supervisors Meeting Minutes 1/23/2018 180096 [Street Name Change - 1600 Block of Galvez Avenue - "Sam Jordan’s Way"] Sponsor: Cohen Resolution changing the street name of the 1600 block of Galvez Avenue, between Third Street and Phelps Street, to “Sam Jordan’s Way,” to honor Sam Jordan’s legacy and impact on the Bayview Community. 01/23/18; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 180097 [Real Property Lease - HV Partners Block 10, L.P. - 901 Fairfax Avenue, Hunters View Phase 2B, Block 10 - $0 Monthly Base Rent with Reimbursement to Landlord Up to $100,000] Sponsor: Cohen Resolution authorizing the lease of approximately 794 square feet at 901 Fairfax Avenue, Hunters View Phase IIB - Block 10 with HV Partners Block 10, L.P., a California limited partnership, at the monthly base rent of $0 with reimbursement up to $100,000 to the landlord for tenant improvements, furniture, fixtures, and equipment, and additional $800 charge for utilities and services per month, for a 15-year term with options to extend for one-year terms commencing upon approval by the Board of Supervisors and Mayor; adopting findings under the California Environmental Quality Act, Public Resources Code, Section 21000 et seq.; and finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 01/23/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180098 [Declaration of Support - XXIII Winter Olympics - PyeongChang, the Republic of Korea] Sponsor: Kim Resolution declaring San Francisco’s support of having the XXIII Winter Olympics hosted in PyeongChang, the Republic of Korea. 01/23/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 180099 [Enoch Yee-Ching Fung Day - February 2, 2018] Sponsor: Peskin Resolution declaring February 2, 2018, as Enoch Yee-Ching Fung Day in the City and County of San Francisco. 01/23/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 180100 [Accept and Expend Grant - Association of Bay Area Governments - Bay Area Regional Network - Energy Efficiency Program Implementation - $511,017] Sponsor: Yee Resolution retroactively authorizing the Department of the Environment to accept and expend grant funds from the Association of Bay Area Governments in the amount of $511,017 to perform energy efficiency program implementation, as part of a Bay Area Regional Energy Network program, an energy efficiency program for the term from January 1, 2018, to December 31, 2018. 01/23/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 51 Printed at 10:47 am on 2/16/18 ### [Page 27](https://sfbos.info/documents/484/2018-01-23-minutes#page-27) Board of Supervisors Meeting Minutes 1/23/2018 REQUESTS FOR HEARING 180075 [Hearing - Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Additional Gross Receipts Tax on Commercial Rents] Sponsors: Safai; Sheehy, Tang, Cohen and Farrell Hearing to consider the proposed initiative ordinance submitted by four or more Supervisors to the voters at the June 5, 2018, Election, entitled "Ordinance amending the Business and Tax Regulations Code and Administrative Code to impose an additional tax of 1.7% on the gross receipts from the lease of commercial space in the City, to fund low- and middle-income housing and homelessness services and the General Fund; exempting from the additional tax rents from productions, distribution, and repair uses, retail sales and services uses, entertainment, arts and recreation uses, and nonprofit uses; and increasing the City's appropriations limit by the amount collected under the new tax for four years from June 5, 2018." (Economic Impact) 01/23/18; RECEIVED AND ASSIGNED to Rules Committee. 180076 [Hearing - Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Additional Gross Receipts Tax on Commercial Rents] Sponsors: Yee; Kim, Fewer and Ronen Hearing to consider the proposed initiative ordinance submitted by four or more Supervisors to the voters at the June 5, 2018, Election, entitled "Ordinance amending the Business and Tax Regulations Code and Administrative Code to impose an additional tax on the gross receipts from the lease of commercial space in the City, in the amount of 1% for warehouses and 3.5% for other commercial uses, to fund the Babies and Families First Fund for quality early care and education for children from birth through five years of age and the General Fund; exempting from the additional tax rents from industrial, artist, non-formula retail, nonprofit, and government uses; and increasing the City's appropriations limit by the amount collected under the new tax for four years from June 5, 2018." (Economic Impact) 01/23/18; RECEIVED AND ASSIGNED to Rules Committee. 180101 [Hearing - Cannabis State Legalization Task Force - Year II Report] Sponsor: Cohen Hearing on the Year II Report of the Cannabis State Legalization Task Force; and requesting the Cannabis State Legalization Task Force to report. 01/23/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. City and County of San Francisco Page 52 Printed at 10:47 am on 2/16/18 ### [Page 28](https://sfbos.info/documents/484/2018-01-23-minutes#page-28) Board of Supervisors Meeting Minutes 1/23/2018 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 180023 [Settlement of Lawsuit - Mikaela Anna Merchant - $50,000] Ordinance authorizing settlement of the lawsuit filed by Mikaela Anna Merchant against the City and County of San Francisco for $50,000; the lawsuit was filed on November 29, 2016, in San Francisco Superior Court, Case No. CGC-16-555561; entitled Mikaela Anna Merchant v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180024 [Partial Settlement of Lawsuit - Cesar and Fe Ponferrada - $34,000] Ordinance authorizing settlement of the lawsuit filed by Cesar and Fe Ponferrada against the City and County of San Francisco for $34,000; the lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492; entitled David Alfaro, et al. v. City and County of San Francisco; the lawsuit involves inverse condemnation arising out of flooding damage during major rainstorms; as it relates only to property loss of plaintiffs Cesar and Fe Ponferrada, by the payment of $34,000 and excluding the claim by these plaintiffs for diminution of value for plaintiffs’ real property and the claim by plaintiffs for attorney's fees, costs and interest, which will be addressed in later proceedings. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180025 [Partial Settlement of Lawsuit - Rizaldi Gache - $65,000] Ordinance authorizing settlement of the lawsuit filed by Rizaldi Gache against the City and County of San Francisco for $65,000; the lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492; entitled David Alfaro, et al. v. City and County of San Francisco; the lawsuit involves inverse condemnation arising out of flooding damage during major rainstorms; as it relates only to property loss of plaintiff Rizaldi Gache, by the payment of $65,000, and excluding the claim by this plaintiff for diminution of value for plaintiff’s real property and the claim by plaintiff for attorney's fees, costs and interest, which will be addressed in later proceedings. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 53 Printed at 10:47 am on 2/16/18 ### [Page 29](https://sfbos.info/documents/484/2018-01-23-minutes#page-29) Board of Supervisors Meeting Minutes 1/23/2018 180026 [Settlement of Lawsuit - Donald Spadini - $120,600] Ordinance authorizing settlement of the lawsuit filed by Donald Spadini against the City and County of San Francisco for $120,600; the lawsuit was filed on September 13, 2016, in San Francisco Superior Court, Case No. CGC-16-554218; entitled Donald Spadini v. City and County of San Francisco, et al.; the lawsuit involves alleged negligence of doctors, nurses and staff; other material terms of the settlement are Co-Defendant The Regents of the University of California is paying $59,400. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180027 [Settlement of Lawsuit - David Zeller (Deceased) - $290,000] Ordinance authorizing settlement of the lawsuit filed by David Zeller against the City and County of San Francisco for $290,000; the lawsuit was filed on March 14, 2013, in San Francisco Superior Court, Case No. CGC-13-529554; entitled David Zeller v. San Francisco General Hospital, et al.; the lawsuit involves alleged medical malpractice; other terms of the settlement are UC Regents to pay $200,245 and upon approval by the probate court and Plaintiff’s acceptance of the probate court’s allocation of funds, California Department of Health Care Services to disgorge $65,300 paid for MediCal lien to be paid to plaintiff. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180028 [Partial Settlement of Lawsuit - David Alfaro and Jessica Alfaro - $75,000] Ordinance authorizing settlement of the lawsuit filed by David Alfaro and Jessica Alfaro against the City and County of San Francisco for $75,000; the lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492; entitled David Alfaro, et al. v. City and County of San Francisco; the lawsuit involves inverse condemnation arising out of flooding damage during major rainstorms; as it relates only to property loss of plaintiffs David Alfaro and Jessica Alfaro, by the payment of $75,000 and excluding the claim by these plaintiffs for diminution of value for plaintiffs’ real property and the claim by plaintiffs for attorney's fees, costs and interest, which will be addressed in later proceedings. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180029 [Partial Settlement of Lawsuit - Baikonur 1701 LLC - $34,284.59] Ordinance authorizing settlement of the lawsuit filed by Baikonur 1701 LLC against the City and County of San Francisco for $34,284.59; the lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492; entitled David Alfaro, et al. v. City and County of San Francisco; the lawsuit involves inverse condemnation arising out of flooding damage during major rainstorms; as it relates only to property loss of plaintiff Baikonur 1701 LLC, by the payment of $34,284.59 and excluding the claim by this plaintiff for diminution of value for plaintiff’s real property and the claim by plaintiff for attorney's fees, costs and interest, which will be addressed in later proceedings. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 54 Printed at 10:47 am on 2/16/18 ### [Page 30](https://sfbos.info/documents/484/2018-01-23-minutes#page-30) Board of Supervisors Meeting Minutes 1/23/2018 180030 [Settlement of Lawsuit - Elyse Duckett - $250,000] Ordinance authorizing settlement of the lawsuit filed by Elyse Duckett against the City and County of San Francisco for $250,000; the lawsuit was filed on May 9, 2014, in San Francisco Superior Court, Case No. CGC-14-539201; entitled Elyse Duckett vs. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) 01/08/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180031 [Summary Street Vacation - Portion of Panama Street; Sidewalk Acceptance - Niantic Street] Ordinance ordering the summary street vacation of a portion of Panama Street tangent to Niantic Street and Interstate Highway 280, in the Oceanview neighborhood; conveying the City’s interest in the street vacation area to the owner of 10 Niantic Street (Assessor’s Parcel Block No. 7178, Lot No. 014); accepting an irrevocable offer for a public sidewalk on Niantic Street between Panama Street and Saint Charles Avenue; dedicating the public sidewalk for pedestrian use, designating it for public right-of-way and roadway purposes, and accepting it for City maintenance and liability; establishing a new official sidewalk on Niantic Street by amending Ordinance No. 1061 entitled, “Regulating the Width of Sidewalks;” 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. (Public Works) 01/04/18; RECEIVED FROM DEPARTMENT. 01/23/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 2/22/2018. 180068 [Settlement of Lawsuit - MBIA Inc., MBIA Insurance Corp., MBIA Insurance Corp. of Illinois, and Jason Kissane - City to Receive $388,591] Ordinance authorizing a settlement of the lawsuit filed by the City and County of San Francisco against MBIA Inc., its affiliates, MBIA Insurance Corp. and MBIA Insurance Corp. of Illinois, and its former employee, Jason Kissane, for $388,591; the lawsuit was filed on October 8, 2008, in San Francisco Superior Court, Case No. CGC-08-480708; entitled City and County of San Francisco v. Ambac Financial Group Inc., et al.; the lawsuit involves breach of contract, fraud and antitrust claims against bond insurance companies; this settlement applies to claims against the last remaining defendants in the case, the MBIA entities. (City Attorney) 01/09/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 55 Printed at 10:47 am on 2/16/18 ### [Page 31](https://sfbos.info/documents/484/2018-01-23-minutes#page-31) Board of Supervisors Meeting Minutes 1/23/2018 PROPOSED RESOLUTIONS 180069 [Contract Amendment - Allied Universal Security - Security Services - Total Contract Amount $26,062,288] Resolution approving Amendment No. 2 of the contract between the City and County of San Francisco and Allied Universal Security for the provision of Security Services, extending the term for five months for the total period of February 1, 2014, to June 30, 2018, and an increase in the amount of $3,534,242 resulting in a revised total contract amount not to exceed $26,062,288. (Human Services Agency) (Fiscal Impact) 01/02/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180070 [Real Property Lease Renewal and Amendment - BRCP 1390 Market, LLC - 1390 Market Street - Initial Annual Base Rent of $1,801,119.96] Resolution authorizing the potential three year renewal and amendment of a lease of approximately 27,826 square feet of space at 1390 Market Street with BRCP 1390 Market, LLC, as Landlord, for use by the Department of Public Health at the initial annual cost of $1,801,119.96 (or $150,093.33 monthly) and 3% annual increases thereafter, for a three year term from December 1, 2018, through November 30, 2021, subject to City’s right to terminate early, and two five-year options to extend. (Real Estate Department) (Fiscal Impact) 01/05/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180071 [Site License Agreement Amendment - TriStar Investors LLC - Communications Services Facilities in Modesto, California - Total Annual License Fee $25,758] Resolution retroactively authorizing the General Manager of the San Francisco Public Utilities Commission to execute a second amendment to a site license agreement with TriStar Investors LLC, as Licensor for the installation of an additional microwave communications antenna at a telecommunications facility located on a portion of Stanislaus County Assessor’s Parcel No 081-012-004-000, with an increase of $6,600 in the annual rent from $19,158 to $25,758 effective June 1, 2017, and making findings under the California Environmental Quality Act (“CEQA”), CEQA Guidelines, and Administrative Code, Chapter 31. (Public Utilities Commission) 01/12/18; RECEIVED FROM DEPARTMENT. 01/23/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 56 Printed at 10:47 am on 2/16/18 ### [Page 32](https://sfbos.info/documents/484/2018-01-23-minutes#page-32) Board of Supervisors Meeting Minutes 1/23/2018 In Memoriams Tam Kwong Sang - Supervisor Peskin Peter Overmire - Supervisor Peskin Louis Joseph Boss III - Supervisor Tang Lisa M. Coleman - Supervisor Tang Charles Alexander McLeran - Supervisor Tang ADJOURNMENT There being no further business, the Board adjourned at the hour 7:34 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 February 27, 2018. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 57 Printed at 10:47 am on 2/16/18