# Board of Supervisors Minutes: January 30, 2018 - Meeting date: 2018-01-30 - Document type: minutes - Pages in official PDF: 16 - [Canonical HTML transcript](https://sfbos.info/documents/486/2018-01-30-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=591617&GUID=E4210333-83B7-4A88-894B-EE626757091E) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### 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: 3 ### File 171248: Appropriation - Proceeds from General Obligation Bonds - San Francisco Municipal Transportation Agency’s Street and Transit Projects - $177,000,000 - FY2017-2018 - Pages: 3 ### 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: 3-4 ### File 171282: Appropriation - Cigarette Litter Abatement Fees - Public Works Street Cleaning Program - $300,000 - FY2017-2018 - Pages: 4 ### File 171311: Health Code - License Fee for Cannabis Smoking Consumption Permit - Pages: 4 ### File 171132: Settlement of Lawsuit - Greg Blatman - $225,000 - Pages: 4 ### File 171276: Settlement of Lawsuit - Lai King Tam - $142,500 - Pages: 4 ### File 171277: Settlement of Lawsuit - Patricia Burley - $100,000 - Pages: 4-5 ### File 171096: Planning Code - Definition of Gross Floor Area - Pages: 5 ### File 171097: Planning Code - Article 8 Corrections - Pages: 5 ### File 171173: Planning Code - Mission Street Neighborhood Commercial Transit District - Pages: 5 ### File 180077: Appointments, Ballot Simplification Committee - Scott Patterson and Betty Packard - Pages: 5-6 - Vote 1: approval, likely final - Action: 180077 [Appointments, Ballot Simplification Committee - Scott Patterson and Betty Packard] Motion appointing Scott Patterson and Betty Packard, terms ending November 30, 2018, to the Ballot Simplification Committee. (Rules Committee) Motion No. M18-011 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171306: Charter Amendment - Appointed Board Members and Commissioners Seeking Elective Office - Pages: 6 - Vote 1: amendment - 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. ORDERED SUBMITTED by the following vote: - Ayes: Fewer, Kim, Peskin, Ronen, Safai, Stefani, Yee - Noes: Breed, Cohen, Sheehy, Tang ### File 171307: Charter Amendment - Retirement Board - Pages: 6 - Vote 1: amendment - 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 Cohen, moved that this Charter Amendment be RE-REFERRED to the Rules Committee. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171138: Administrative Code - Indigenous Peoples Day - Pages: 6-7 - Vote 1: amendment - 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 Yee, moved that this Ordinance be REFERRED to the Rules Committee. The motion FAILED by the following vote: - Ayes: Peskin, Yee - Noes: Breed, Cohen, Fewer, Kim, Ronen, Safai, Sheehy, Stefani, Tang - Vote 2: final-passage, likely final - Action: Ordinance No. 016-18 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Noes: Peskin ### File 171057: Liquor License - 915 Stockton Street - Gum Hua Lee - Pages: 7 - Vote 1: adoption, likely final - Action: 171057 [Liquor License - 915 Stockton Street - Gum Hua Lee] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Jennie Jie Chen and Michael Jian Hua Ye, doing business as Gum Hua Lee located at 915 Stockton Street (District 3), 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. (Public Safety and Neighborhood Services Committee) ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Peskin, Ronen, Sheehy, Stefani, Tang, Yee - Absent: Kim, Safai - Vote 2: rescission - Action: Supervisor Safai, seconded by Supervisor Cohen, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 3: adoption, likely final - Action: Resolution No. 022-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171288: Real Property Lease - W.Y.L. Orion Properties, LLC - 125 Bayshore Blvd - $489,000 in Initial Year - Pages: 8 - Vote 1: adoption, likely final - Action: 171288 [Real Property Lease - W.Y.L. Orion Properties, LLC - 125 Bayshore Blvd - $489,000 in Initial Year] Sponsor: Mayor Resolution approving a lease of a parcel of approximately 31,200 square feet, with buildings totaling approximately 22,965 square feet at 125 Bayshore Blvd, with W.Y.L. Orion Properties, LLC, a California limited liability company as Landlord, for an initial six month term (immediate occupancy upon full execution of lease) plus five one-year annual renewals thereafter, rent commencement from approximately April 1, 2018, to no later than September 30, 2023, for use by the Department of Homelessness and Supportive Housing for emergency shelter purposes at an initial annual rent of $489,000 with 3% annual increases; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 023-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 180098: Declaration of Support - XXIII Winter Olympics - PyeongChang, the Republic of Korea - Pages: 9 ### File 180099: Enoch Yee-Ching Fung Day - February 2, 2018 - Pages: 9 - Vote 1: adoption, likely final - Action: 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. Resolution No. 026-18 ADOPTED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 170940: Planning Code, Zoning Map - Mission Rock Special Use District - Pages: 10 ### File 180082: Appropriation - San Francisco Municipal Transportation Agency (SFMTA)-Sutter Stockton Garage Operating and Retail Rentals Revenues to SFMTA Sustainable Streets Operating Fund - Parking Management Operations - $2,837,223 - FY2017-2018 - Pages: 10-11 ### File 180113: De-Appropriation and Re-Appropriation - Airport Enterprise Fund - From Permanent Salaries Budget to Overtime Budget - Increased Overtime Expense for Security Services at the Airport Bureau - Police Department - $926,000 - FY2017-2018 - Pages: 11 ### File 180114: Planning Code, Zoning Map - San Francisco Conservatory of Music Project - 200-214 Van Ness Avenue - Pages: 11 ### File 180115: Development Agreement - San Francisco Conservatory of Music - 200-214 Van Ness Avenue - Pages: 11-12 ### File 180116: Appropriation - General Fund - Public Works for Street & Sidewalk Cleaning Pilot Enhancement Project - $2,500,000 - FY2017-2018 - Pages: 12 ### File 180117: Planning Code - Increasing the Transportation Sustainability Fee for Large Non-Residential Projects - Pages: 12 ### File 180118: Apply for, Accept, and Expend Grant - California Department of Housing and Community Development - No Place Like Home 2017 Technical Assistance - $150,000 - Pages: 12 ### File 180119: Accept and Expend Grant - Federal Emergency Management Agency - Fire Equipment and Stress Unit Resources - $785,762 - Pages: 12-13 ### File 180120: Accept and Expend Grant - Federal Emergency Management Agency - Fire Department - Youth Firesetter Program - $215,380 - Pages: 13 ### File 180092: Disposition and Development Agreement - Seawall Lot 337 Associates, LLC - Mission Rock Project - Pages: 13 ### File 180093: Lease Agreement - China Basin Ballpark Company, LLC - Pier 48 - Mission Rock Project - Pages: 13 ### File 180095: Memorandum of Understanding - Port Commission - Mission Rock Special Use District Financing Districts - Mission Rock Project - Pages: 13-14 ### File 180121: Supporting California State Senate Bill 916 (Wiener) - Vehicle Burglary - Pages: 14 ### File 180122: Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Hotel Tax Allocations - Pages: 14 ### File 180123: Adopting Findings Reversing the Categorical Exemption Determination - 2417 Green Street - Pages: 14 ### File 180124: Hearing - Impact of Tax Cuts and Jobs Act (Trump Tax Plan) - Pages: 14 ### File 180125: Hearing - Street Safety on Mansell Street at Visitacion Avenue - Pages: 14-15 ### File 180126: Hearing - Cigarette-Butt Ashcan Pilot Evaluation - Pages: 15 ### File 180127: Hearing - San Francisco Gang Injunctions - Pages: 15 ### File 180128: Hearing - San Francisco Police Department Traffic Company Enforcement - Pages: 15 ### File 180078: Planning Code - Landmark Designation - Wall at the Intersection of Diamond Heights Boulevard and Clipper Street (aka Diamond Heights Safety Wall) - Pages: 15-16 ### File 180079: Lease Agreement - DFS Group, LP - Airport Concession - $42,000,000 Minimum Annual Guarantee - Pages: 16 ### File 180080: Contract Agreement - State Department of Health Care Services - Substance Abuse Prevention and Treatment Block Grant Services - FYs 2017-2020 - $26,534,856 - Pages: 16 ## Extracted text ### [Page 1](https://sfbos.info/documents/486/2018-01-30-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, January 30, 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, SANDRA LEE FEWER, JANE KIM, AARON PESKIN, HILLARY RONEN, AHSHA SAFAI, JEFF SHEEHY, CATHERINE STEFANI, 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 1:00 PM Budget and Finance Federal Select Committee Thursday Supervisors Cohen, Sheehy, Fewer 1:15 PM Government Audit and Oversight Committee 1st and 3rd Wednesday Supervisors Kim, Peskin, Breed 10:00 AM Land Use and Transportation Committee Monday Supervisors Peskin, Tang, Safai 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 3 ### [Page 2](https://sfbos.info/documents/486/2018-01-30-minutes#page-2) Board of Supervisors Meeting Minutes 1/30/2018 Members Present: London Breed, Malia Cohen, Sandra Lee Fewer, Jane Kim, Aaron Peskin, Hillary Ronen, Ahsha Safai, Jeff Sheehy, Catherine Stefani, Katy Tang, and Norman Yee The Board of Supervisors of the City and County of San Francisco met in regular session on Tuesday, January 30, 2018, with President London Breed presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Breed called the meeting to order at 2:01 p.m. On the call of the roll, Supervisor Cohen was noted not present. There was a quorum. Supervisor Cohen was noted present at 2:02 p.m. COMMUNICATIONS Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that she was in receipt of correspondence from the Office of Mayor Mark Farrell, dated January 30, 2018, communicating the Mayor’s appointment of Catherine Stefani to fill the District 2 Supervisor vacancy on the Board of Supervisors, pursuant to Charter Section 13.101.5(a), effective today. President Breed welcomed Supervisor Stefani and moved to allow the newly appointed Supervisor to address the Board; the motion carried without objection. Supervisor Stefani addressed the Board of Supervisors and expressed her commitment to serving the City and County of San Francisco and the interests she will be focusing on during her term, including public safety. AGENDA CHANGES There were no agenda changes. City and County of San Francisco Page 59 Printed at 4:35 pm on 3/6/18 ### [Page 3](https://sfbos.info/documents/486/2018-01-30-minutes#page-3) Board of Supervisors Meeting Minutes 1/30/2018 CONSENT AGENDA 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) Ordinance No. 018-18 FINALLY PASSED 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) Ordinance No. 019-18 FINALLY PASSED 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) Ordinance No. 020-18 FINALLY PASSED City and County of San Francisco Page 60 Printed at 4:35 pm on 3/6/18 ### [Page 4](https://sfbos.info/documents/486/2018-01-30-minutes#page-4) Board of Supervisors Meeting Minutes 1/30/2018 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) Ordinance No. 023-18 FINALLY PASSED 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. Ordinance No. 024-18 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) Ordinance No. 015-18 FINALLY PASSED 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) Ordinance No. 021-18 FINALLY PASSED 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) Ordinance No. 022-18 FINALLY PASSED City and County of San Francisco Page 61 Printed at 4:35 pm on 3/6/18 ### [Page 5](https://sfbos.info/documents/486/2018-01-30-minutes#page-5) Board of Supervisors Meeting Minutes 1/30/2018 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) Ordinance No. 013-18 FINALLY PASSED 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) Ordinance No. 014-18 FINALLY PASSED 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) Ordinance No. 017-18 FINALLY PASSED Recommendation of the Rules Committee 180077 [Appointments, Ballot Simplification Committee - Scott Patterson and Betty Packard] Motion appointing Scott Patterson and Betty Packard, terms ending November 30, 2018, to the Ballot Simplification Committee. (Rules Committee) Motion No. M18-011 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 62 Printed at 4:35 pm on 3/6/18 ### [Page 6](https://sfbos.info/documents/486/2018-01-30-minutes#page-6) Board of Supervisors Meeting Minutes 1/30/2018 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Rules Committee 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. ORDERED SUBMITTED by the following vote: Ayes: 7 - Fewer, Kim, Peskin, Ronen, Safai, Stefani, Yee Noes: 4 - Breed, Cohen, Sheehy, Tang 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 Cohen, moved that this Charter Amendment be RE-REFERRED to the Rules Committee. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 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 Yee, moved that this Ordinance be REFERRED to the Rules Committee. The motion FAILED by the following vote: Ayes: 2 - Peskin, Yee Noes: 9 - Breed, Cohen, Fewer, Kim, Ronen, Safai, Sheehy, Stefani, Tang Ordinance No. 016-18 FINALLY PASSED by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Ronen, Safai, Sheehy, Stefani, Tang, Yee Noes: 1 - Peskin City and County of San Francisco Page 63 Printed at 4:35 pm on 3/6/18 ### [Page 7](https://sfbos.info/documents/486/2018-01-30-minutes#page-7) Board of Supervisors Meeting Minutes 1/30/2018 NEW BUSINESS Recommendation of the Public Safety and Neighborhood Services Committee Supervisor Safai was noted absent at 2:51 p.m. Supervisor Kim was noted absent at 2:54 p.m. 171057 [Liquor License - 915 Stockton Street - Gum Hua Lee] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Jennie Jie Chen and Michael Jian Hua Ye, doing business as Gum Hua Lee located at 915 Stockton Street (District 3), 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. (Public Safety and Neighborhood Services Committee) ADOPTED by the following vote: Ayes: 9 - Breed, Cohen, Fewer, Peskin, Ronen, Sheehy, Stefani, Tang, Yee Absent: 2 - Kim, Safai Supervisor Safai, seconded by Supervisor Cohen, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Resolution No. 022-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Peskin, seconded by Supervisor Kim, MOTION by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Supervisor Peskin introduced, welcomed, and presented a Certificate of Honor to Enoch Yee-Ching Fung on the occasion of his retirement from the Chinatown Community Development Center and in recognition of his many accomplishments raising the quality of life and empowering low-income San Franciscans. Supervisor Kim introduced, welcomed, and presented a Certificate of Honor to James Spinello, Debra Benedict, Tim Figueras, Eric Lopez, Brendan Tobin, Alex Ludlum and Ryan Jackson of the SoMa West CBD Steering Committee in recognition of their efforts to improve the Western SoMa neighborhood’s safety, health, economic vitality and esthetics. City and County of San Francisco Page 64 Printed at 4:35 pm on 3/6/18 ### [Page 8](https://sfbos.info/documents/486/2018-01-30-minutes#page-8) Board of Supervisors Meeting Minutes 1/30/2018 COMMITTEE REPORT Recommendation of the Budget and Finance Committee Supervisors Kim and Safai were noted present at 2:56 p.m. 171288 [Real Property Lease - W.Y.L. Orion Properties, LLC - 125 Bayshore Blvd - $489,000 in Initial Year] Sponsor: Mayor Resolution approving a lease of a parcel of approximately 31,200 square feet, with buildings totaling approximately 22,965 square feet at 125 Bayshore Blvd, with W.Y.L. Orion Properties, LLC, a California limited liability company as Landlord, for an initial six month term (immediate occupancy upon full execution of lease) plus five one-year annual renewals thereafter, rent commencement from approximately April 1, 2018, to no later than September 30, 2023, for use by the Department of Homelessness and Supportive Housing for emergency shelter purposes at an initial annual rent of $489,000 with 3% annual increases; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 023-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Wynship W. Hillier; requested that the members of the Board resign due to concerns regarding Citywide Case Management. Speaker; shared various religious concerns. Andrew Yip; shared his various thought and experiences with the Board. Magick Altman; expressed concerns regarding the process used to appoint the successor Mayor. Peter Warfield; expressed concerns regarding the Public Library and use of RFID. John Finch; requested the resignation of the City Attorney and expressed concerns regarding the process used to appoint the successor Mayor. Speaker; provided suggestions on naming Embarcadero Center. Speaker; expressed support of allocating surplus funds citywide for street enhancements and cleaning. Speaker; expressed support of allocating surplus funds citywide for street enhancements and cleaning. Casey Asberry; expressed support of allocating surplus funds citywide for street enhancements and cleaning. William Rivera; expressed support of allocating surplus funds citywide for street enhancements and cleaning. Tom Gilberty; shared various music selections. City and County of San Francisco Page 65 Printed at 4:35 pm on 3/6/18 ### [Page 9](https://sfbos.info/documents/486/2018-01-30-minutes#page-9) Board of Supervisors Meeting Minutes 1/30/2018 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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. Resolution No. 025-18 ADOPTED 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. Resolution No. 026-18 ADOPTED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 66 Printed at 4:35 pm on 3/6/18 ### [Page 10](https://sfbos.info/documents/486/2018-01-30-minutes#page-10) Board of Supervisors Meeting Minutes 1/30/2018 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 170940 [Planning Code, Zoning Map - Mission Rock Special Use District] Sponsors: Mayor; Kim Ordinance amending the Planning Code and the Zoning Map to add the Mission Rock Special Use District, generally bounded by China Basin to the north; Pier 48, the marginal wharf between Pier 48 and Pier 50, the associated shoreline area and Terry Francois Boulevard to the east; Mission Rock Street to the south; and 3rd Street to the west; to amend other related provisions; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and Planning Code, Section 302. 09/05/17; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 10/5/2017. 09/12/17; REFERRED TO DEPARTMENT. 12/05/17; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. 12/12/17; REFERRED TO DEPARTMENT. 01/26/18; NOTICED. 01/30/18; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. 180082 [Appropriation - San Francisco Municipal Transportation Agency (SFMTA)-Sutter Stockton Garage Operating and Retail Rentals Revenues to SFMTA Sustainable Streets Operating Fund - Parking Management Operations - $2,837,223 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $7,145,350 of San Francisco Municipal Transportation Agency (SFMTA) -Sutter Stockton Garage operating and retail rentals revenues to the SFMTA Sustainable Streets operating fund for the Sutter Stockton Garage parking management operations in FY2017-2018. (Fiscal Impact) 01/30/18; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/1/2018. City and County of San Francisco Page 67 Printed at 4:35 pm on 3/6/18 ### [Page 11](https://sfbos.info/documents/486/2018-01-30-minutes#page-11) Board of Supervisors Meeting Minutes 1/30/2018 180113 [De-Appropriation and Re-Appropriation - Airport Enterprise Fund - From Permanent Salaries Budget to Overtime Budget - Increased Overtime Expense for Security Services at the Airport Bureau - Police Department - $926,000 - FY2017-2018] Sponsor: Mayor Ordinance de-appropriating $926,000 of permanent salaries budget and re-appropriating $926,000 to overtime budget in the Police Department’s operating budget in order to support the Department’s increased overtime expense for security services at the Airport Bureau in FY2017-2018 as required per Ordinance No. 194-11; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval, pursuant to Charter, Section 9.113(c). (Fiscal Impact) 01/30/18; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/1/2018. 180114 [Planning Code, Zoning Map - San Francisco Conservatory of Music Project - 200-214 Van Ness Avenue] Sponsor: Kim Ordinance amending the Planning Code to authorize a height limit exception for the San Francisco Conservatory of Music Project at 200-214 Van Ness Avenue for an additional building envelope that will be used to enclose or screen specified features from view, allow increased roof height for performance and common space, and provide additional visual interest to the roof of the structure; amending the Zoning Map to change the height designation of Assessor’s Parcel Block No. 811, Lot Nos. 10 and 12, from 96-X to 120-X; 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. 01/30/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 3/1/2018. 180115 [Development Agreement - San Francisco Conservatory of Music - 200-214 Van Ness Avenue] Sponsor: Kim Ordinance approving a Development Agreement between the City and County of San Francisco and San Francisco Conservatory of Music, a California non-profit public benefit corporation, for the project at 200-214 Van Ness Avenue between Hayes Street and the Dr. Tom Waddell Place mid-block alley, with various public benefits including creation of student housing, faculty housing, a new performance venue in the Civic Center cultural area, activation of a neglected portion of Van Ness Avenue, one-for-one on-site replacement of 27 existing dwelling units with a specific Replacement and Interim Housing Program for existing tenants, including the clear right to return to a comparable unit and an interim relocation housing assistance, voluntary application of rent control and waiving rights under the Ellis Act; making findings under the California Environmental Quality Act and findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); setting the impact fees and exactions as set forth in the Development Agreement; and confirming compliance with or waiving certain provisions of Administrative Code Chapters, 14B and 56, and ratifying certain actions taken in connection therewith, as defined herein. 01/30/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 3/1/2018. City and County of San Francisco Page 68 Printed at 4:35 pm on 3/6/18 ### [Page 12](https://sfbos.info/documents/486/2018-01-30-minutes#page-12) Board of Supervisors Meeting Minutes 1/30/2018 180116 [Appropriation - General Fund - Public Works for Street & Sidewalk Cleaning Pilot Enhancement Project - $2,500,000 - FY2017-2018] Sponsors: Kim; Fewer and Ronen Ordinance appropriating $2,500,000 of prior year’s fund balance in General Fund to Department of Public Works for funding Street & Sidewalk Cleaning Pilot Enhancement Project in FY2017-2018. (Fiscal Impact) 01/30/18; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/1/2018. 180117 [Planning Code - Increasing the Transportation Sustainability Fee for Large Non-Residential Projects] Sponsor: Peskin Ordinance amending the Planning Code to increase the Transportation Sustainability Fee by $5 for Non-Residential Projects larger than 99,999 gross square feet; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. 01/30/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 3/1/2018. Resolutions 180118 [Apply for, Accept, and Expend Grant - California Department of Housing and Community Development - No Place Like Home 2017 Technical Assistance - $150,000] Sponsor: Mayor Resolution of the City and County of San Francisco Board of Supervisors authorizing the Department of Homelessness and Supportive Housing to apply for, accept, and expend a grant in the amount of $150,000 from the California Department of Housing and Community Development for the No Place Like Home 2017 Technical Assistance Grant to support the application for No Place Like Home Funds from the State of California. (Department of Homelessness and Supportive Housing) 01/30/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180119 [Accept and Expend Grant - Federal Emergency Management Agency - Fire Equipment and Stress Unit Resources - $785,762] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $785,762 from the Federal Emergency Management Agency to purchase thermal imaging cameras and resources for its Stress Unit for a one-year period of performance of May 5, 2017, through May 4, 2018, and waiving indrect costs. (Fire Department) 01/30/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 69 Printed at 4:35 pm on 3/6/18 ### [Page 13](https://sfbos.info/documents/486/2018-01-30-minutes#page-13) Board of Supervisors Meeting Minutes 1/30/2018 180120 [Accept and Expend Grant - Federal Emergency Management Agency - Fire Department - Youth Firesetter Program - $215,380] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $215,380 from the Federal Emergency Management Agency for resources related to the Youth Firesetter Prevention & Intervention Program for a one-year period of performance of September 1, 2017, through August 31, 2018, and waiving indirect costs. (Fire Department) 01/30/18; 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, for the proposed Mission Rock Project; 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) 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 01/30/18; SUBSTITUTED 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 Agreement between the Port and China Basin Ballpark Company, LLC (“CBBC”) for Pier 48; with a Base Rent of $55,416.47 per month from April through September and $2,916.67 per month from October through March, in recognition of increased parking demand by ballpark patrons during the baseball season, with 66% of gross revenues for all parking operations less parking taxes and authorized, substantiated extraordinary expenses, as further defined in the Lease, to be paid by CBBC, for a ten-year term to commence following approval by the Board and the Mayor, for the proposed Mission Rock Project; and adopting findings under the California Environmental Quality Act. 01/23/18; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 01/30/18; SUBSTITUTED AND ASSIGNED to Land Use and Transportation 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; approving related matters, as defined herein, for the proposed Mission Rock Project; and adopting findings under the California Environmental Quality Act. 01/23/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 01/30/18; SUBSTITUTED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 70 Printed at 4:35 pm on 3/6/18 ### [Page 14](https://sfbos.info/documents/486/2018-01-30-minutes#page-14) Board of Supervisors Meeting Minutes 1/30/2018 180121 [Supporting California State Senate Bill 916 (Wiener) - Vehicle Burglary] Sponsors: Breed; Tang, Yee, Stefani, Safai and Cohen Resolution supporting California State Senate Bill 916, authored by Senator Scott Wiener and co-authored by Assembly Members David Chiu and Phil Ting, to expand the definition of vehicle burglary to include any forced entry. 01/30/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motions 180122 [Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Hotel Tax Allocations] Sponsors: Tang; Peskin Motion ordering submitted to the voters at an election to be held on November 6, 2018, an Ordinance amending the Business and Tax Regulations Code and Administrative Code to allocate a portion of hotel tax revenues for arts and cultural purposes and remove obsolete provisions; and affirming the Planning Department’s determination under the California Environmental Quality Act. 01/30/18; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 3/1/2018. 180123 [Adopting Findings Reversing the Categorical Exemption Determination - 2417 Green Street] Motion adopting findings reversing the determination by the Planning Department that the proposed project at 2417 Green Street is categorically exempt from further environmental review. (Clerk of the Board) 01/30/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 180124 [Hearing - Impact of Tax Cuts and Jobs Act (Trump Tax Plan)] Sponsor: Breed Hearing on the impacts of the Tax Cuts and Jobs Act (Trump Tax Plan) on San Francisco residents, small business owners, and homeowners; develop recommendations on how the Board of Supervisors can address these negative impacts; and requesting the Office of the Controller and the Budget and Legislative Analyst to report. 01/30/18; RECEIVED AND ASSIGNED to Budget and Finance Federal Select Committee. 180125 [Hearing - Street Safety on Mansell Street at Visitacion Avenue] Sponsor: Cohen Hearing to review street safety on Mansell Street in Visitacion Valley, in the wake of several collisions, including a fatal car accident on January 23, 2018; and requesting Municipal Transportation Agency and Department of Recreation and Parks to report. 01/30/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. City and County of San Francisco Page 71 Printed at 4:35 pm on 3/6/18 ### [Page 15](https://sfbos.info/documents/486/2018-01-30-minutes#page-15) Board of Supervisors Meeting Minutes 1/30/2018 180126 [Hearing - Cigarette-Butt Ashcan Pilot Evaluation] Sponsor: Fewer Hearing to evaluate the impact, success, and effectiveness of the cigarette-butt ashcan pilot program and outreach strategies in District 1 and District 4; and requesting the Department of Environment and Public Works to report. 01/30/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. 180127 [Hearing - San Francisco Gang Injunctions] Sponsors: Fewer; Ronen Hearing on the efficacy and impact of San Francisco gang injunctions; and requesting the Office of the City Attorney to report. 01/30/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. 180128 [Hearing - San Francisco Police Department Traffic Company Enforcement] Sponsor: Fewer Hearing on the enforcement efforts and staffing strategies of the San Francisco Police Department Traffic Company across police precincts and their progress towards achieving San Francisco's Vision Zero goal; and requesting the Police Department to report. 01/30/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. 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 ORDINANCE 180078 [Planning Code - Landmark Designation - Wall at the Intersection of Diamond Heights Boulevard and Clipper Street (aka Diamond Heights Safety Wall)] Sponsor: Sheehy Ordinance amending the Planning Code to designate the wall located at the intersection of Diamond Heights Boulevard and Clipper Street (aka Diamond Heights Safety Wall), in Assessor’s Parcel Block No. 7504, Lot No. 011, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) 01/19/18; RECEIVED FROM DEPARTMENT. 01/30/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 3/1/2018. City and County of San Francisco Page 72 Printed at 4:35 pm on 3/6/18 ### [Page 16](https://sfbos.info/documents/486/2018-01-30-minutes#page-16) Board of Supervisors Meeting Minutes 1/30/2018 PROPOSED RESOLUTIONS 180079 [Lease Agreement - DFS Group, LP - Airport Concession - $42,000,000 Minimum Annual Guarantee] Resolution approving the International Terminal Duty Free and Luxury Stores Lease No. 17-0303 between DFS Group, LP and the City and County of San Francisco, acting by and through its Airport Commission, for a 14-year term, to commence following Board approvals, and an initial Minimum Annual Guarantee of $42,000,000. (Airport Commission) 01/19/18; RECEIVED FROM DEPARTMENT. 01/30/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180080 [Contract Agreement - State Department of Health Care Services - Substance Abuse Prevention and Treatment Block Grant Services - FYs 2017-2020 - $26,534,856] Resolution retroactively authorizing the San Francisco Department of Public Health, Behavioral Health Services to enter into Contract Agreement No. 17-94155 for the Substance Abuse Prevention and Treatment Block Grant Services for FYs 2017-2018 through 2019-2020, with the California Department of Health Care Services, in the amount of $26,534,856 for a three-year term from July 1, 2017, through June 30, 2020; and authorizing and designating the Department of Public Health County Alcohol and Drug Administrator to sign said Contract and to approve amendments for less than 10% of the contracted amount. (Public Health Department) 01/22/18; RECEIVED FROM DEPARTMENT. 01/30/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. In Memoriams Alec Lambie - Supervisor Sheehy Dennis Robert Peron - Supervisor Sheehy ADJOURNMENT There being no further business, the Board adjourned at the hour 4:01 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 March 13, 2018. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 73 Printed at 4:35 pm on 3/6/18