# Board of Supervisors Minutes: February 6, 2018 - Meeting date: 2018-02-06 - Document type: minutes - Pages in official PDF: 15 - [Canonical HTML transcript](https://sfbos.info/documents/488/2018-02-06-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=592571&GUID=B859A557-3F5E-4422-AC50-0E8E76AA4ACC) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 171275: Appropriation and De-Appropriation - Airport NARC Forfeiture and Asset Seizure Fund Balance - Police Training Support Facility Capital Project - FY2017-2018 - $1,100,000 - Pages: 2-3 - Vote 1: first-reading - Action: 171275 [Appropriation and De-Appropriation - Airport NARC Forfeiture and Asset Seizure Fund Balance - Police Training Support Facility Capital Project - FY2017-2018 - $1,100,000] Ordinance appropriating $1,100,000 consisting of $333,163 from fund balance in the Airport NARC Forfeiture and Asset Seizure Fund; and $766,837 de-appropriated from Programmatic Projects - Budget in the Airport NARC Forfeiture and Asset Seizure Fund, and re-appropriated to Building, Structures, & Improvements Project - Budget; to support the Airport Commission’s Police Training Support Facility capital project. (Airport Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171215: Real Property Agreement - California Department of General Services, California Military Department - 100 Armory Drive - San Francisco Westside Recycled Water Project - $2,000 - Pages: 3 - Vote 1: adoption, likely final - Action: 171215 [Real Property Agreement - California Department of General Services, California Military Department - 100 Armory Drive - San Francisco Westside Recycled Water Project - $2,000] Resolution approving and authorizing an agreement for conveyance and acceptance of interests in real property from State of California Department of General Services acting on behalf of the State of California Military Department consisting of easements for subsurface tiebacks, access, and maintenance over real property located at 100 Armory Drive, for $2,000 as part of the San Francisco Public Utilities Commission Water System Improvement Program-Funded Project CUW30201, Westside Recycled Water Project; and authorizing the General Manager of the San Francisco Public Utilities Commission, or Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution, as defined herein. (Public Utilities Commission) Resolution No. 027-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171217: Accept and Expend Grant - Department of Homeland Security Federal Emergency Management Agency - Port Security Grant Program - $165,000 - Pages: 3 - Vote 1: adoption, likely final - Action: 171217 [Accept and Expend Grant - Department of Homeland Security Federal Emergency Management Agency - Port Security Grant Program - $165,000] Resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $165,000 from the Department of Homeland Security Federal Emergency Management Agency for the Safe Boat Refurbishment and Service Life Extension Program, for the period of September 1, 2017, through August 31, 2020. (Police Department) Resolution No. 028-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171242: Lease Modification - United States of America - United States Transportation Security Administration Administrative Offices - International Terminal and Terminal 2 - Not to Exceed $5,988,335.04 - Pages: 3-4 - Vote 1: adoption, likely final - Action: 171242 [Lease Modification - United States of America - United States Transportation Security Administration Administrative Offices - International Terminal and Terminal 2 - Not to Exceed $5,988,335.04] Resolution retroactively approving Modification No. 1 to Lease No. GS-09B-03014 with the United States of America for offices occupied by the United States Transportation Security Administration at the International Terminal and Terminal 2 at the San Francisco International Airport, to extend the lease term by three years through October 31, 2020, and adjust the annual rent to $1,996,111.68 for a total amount not exceed $5,988,335.04. (Airport Commission) Resolution No. 029-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171262: Accept and Expend Grant - Public Health Foundation Enterprises - DOT Diary - $173,559 - Pages: 4 - Vote 1: adoption, likely final - Action: 171262 [Accept and Expend Grant - Public Health Foundation Enterprises - DOT Diary - $173,559] Sponsor: Sheehy Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $173,559 from Public Health Foundation Enterprises to participate in a program entitled DOT Diary for the period of August 1, 2017, through July 31, 2018. (Public Health Department) Resolution No. 030-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171291: Accept and Expend Grant - California Department of Public Health - Oral Health Program-Proposition 56-Support Local Oral Health Programs - $308,879 - Pages: 4 - Vote 1: adoption, likely final - Action: 171291 [Accept and Expend Grant - California Department of Public Health - Oral Health Program-Proposition 56-Support Local Oral Health Programs - $308,879] Sponsor: Safai Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $308,879 from California Department of Public Health to participate in a program entitled, California Department of Public Health Oral Health Program-Proposition 56-Support Local Oral Health Programs, for the period of January 1, 2018, through June 30, 2018. (Public Health Department) Resolution No. 032-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171322: Real Property Lease Amendment - BGCA Management, LLC - Bill Graham Civic Auditorium, 99 Grove Street - $25,000 per Month Base Rent - Pages: 4 - Vote 1: adoption, likely final - Action: 171322 [Real Property Lease Amendment - BGCA Management, LLC - Bill Graham Civic Auditorium, 99 Grove Street - $25,000 per Month Base Rent] Sponsor: Kim Resolution authorizing and approving an Amendment to Lease with BGCA Management, LLC, a Delaware limited liability company, for Bill Graham Civic Auditorium, at 99 Grove Street; increasing monthly base rent to $25,000; requiring tenant to be responsible for all utilities and a minimum of $10,250,000 in building improvements, new participation rent calculation, and other changes as set forth in Amendment; with no change to the term length to expire on December 31, 2030, to commence upon approval by the Board of Supervisors and Mayor. Resolution No. 024-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 180055: Accept and Expend Grant - California Department of Housing and Community Development - Budget Act of 2017 - Expansion of Navigation Centers - $10,000,000 - Pages: 4-5 - Vote 1: adoption, likely final - Action: 180055 [Accept and Expend Grant - California Department of Housing and Community Development - Budget Act of 2017 - Expansion of Navigation Centers - $10,000,000] Sponsors: Mayor; Ronen Resolution authorizing the Department of Homelessness and Supportive Housing to accept and expend a grant in the amount of $10,000,000 from the California Department of Housing and Community Development for the expansion of Navigation Centers for people experiencing homelessness. Resolution No. 033-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171193: Planning Code - Inclusionary Affordable Housing Program - Pages: 5 - Vote 1: first-reading - Action: 171193 [Planning Code - Inclusionary Affordable Housing Program] Sponsors: Peskin; Kim Ordinance amending the Planning Code to amend the Inclusionary Housing Ordinance to remove the requirement that on-site and off-site inclusionary units within a new development be ownership units rather than rental units, or alternatively, that the project sponsor submit a contract demonstrating the proposed on-site or off-site units are exempt from the Costa-Hawkins Rental Housing Act; making conforming amendments to Planning Code, Section 124; updating references in Planning Code, Section 406; 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. Supervisor Kim requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171251: Underground District - Second Street - Pages: 5 - Vote 1: first-reading - Action: 171251 [Underground District - Second Street] Sponsor: Kim Ordinance creating Underground District No. 361 on Second Street from Bryant Street to Townsend Street; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Supervisor Safai dissented in Committee.) PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171285: Housing Code - All-Gender Bathrooms in Hotels - Pages: 5-6 - Vote 1: first-reading - Action: 171285 [Housing Code - All-Gender Bathrooms in Hotels] Sponsors: Mayor; Ronen, Kim, Sheehy, Peskin, Fewer, Safai, Breed, Cohen and Stefani Ordinance amending the Housing Code to require that single-stall bathroom facilities in hotels be made available for the use of all residents, regardless of gender or gender identity, and to require that signage be posted to indicate the same; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisors Breed and Cohen requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171287: Negotiate Purchase and Sale or Lease Agreements - California Department of Transportation (Caltrans) - Homeless Services on Caltrans Property - Pages: 7 - Vote 1: adoption, likely final - Action: 171287 [Negotiate Purchase and Sale or Lease Agreements - California Department of Transportation (Caltrans) - Homeless Services on Caltrans Property] Sponsors: Mayor; Sheehy Resolution authorizing the Director of the Real Estate Department to negotiate with the California Department of Transportation (Caltrans) for the purpose of executing purchase and sale or lease agreements to provide homeless services on Caltrans property to protect the health safety and welfare of people experiencing homelessness. Resolution No. 031-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 171308: Charter Amendment - Revenue Bonds for Public Utilities Commission Clean Power, Water, and Clean Water Facilities - Pages: 7 - Vote 1: continuance - Action: 171308 [Charter Amendment - Revenue Bonds for Public Utilities Commission Clean Power, Water, and Clean Water Facilities] Sponsors: Peskin; Tang and Safai Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco to authorize the Public Utilities Commission to issue revenue bonds for power facilities when approved by ordinance receiving a two-thirds vote of the Board of Supervisors, and to clarify the scope of the Commission's bond authority with regard to the City's water and clean water utilities; at an election to be held on June 5, 2018. Supervisor Peskin, seconded by Supervisor Safai, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 180121: Supporting California State Senate Bill 916 (Wiener) - Vehicle Burglary - Pages: 8-9 - Vote 1: adoption, likely final - Action: 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. Supervisors Tang, Yee, Stefani, Safai and Cohen requested to be added as co-sponsors. Resolution No. 034-18 ADOPTED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 180123: Adopting Findings Reversing the Categorical Exemption Determination - 2417 Green Street - Pages: 9 - Vote 1: other - Action: 2, by striking ‘directs the Planning Department to undertake further analysis and require the project sponsor to provide further information for review by the Department of Building Inspection concerning whether the Project will cause a substantial adverse change in the historic significance of 2421 Green Street; and, be it FURTHER MOVED, That the Board directs the Planning Department to undertake further analysis and require the project sponsor to provide further information for review by the Department of Public Health concerning whether soils on the Project site contain hazardous materials which may present an unusual circumstance at the project site.’ and adding ‘finds that there is substantial evidence in the record before the Board that the Project proposed at 2417 Green Street presents unusual circumstances relating to historic resources and hazardous materials and it appears as a result of those circumstances the project may have a significant effect on the environment and, based on the facts presented to the Board of Supervisors on the hearing on January 9, 2018, the Project is therefore not Categorically Exempt from CEQA review.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee - Vote 2: approval, likely final - Action: Motion No. M18-012 APPROVED AS AMENDED by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee ### File 180132: Administrative Code - Criminal Justice System Fees and Penalties - Pages: 10 ### File 180133: Mission Bay South - Accepting Portions of Seventh Street and Mission Bay Drive - Pages: 10-11 ### File 180134: Calling and Consolidation of Elections Scheduled for June 5, 2018 - Pages: 11 ### File 180135: Revenue Agreement Amendment - JC Decaux San Francisco, LLC - Extending Term to October 12, 2018 - Pages: 11 ### File 180136: Michael Rios - San Francisco Artist Emeritus - Pages: 11 ### File 180137: Special On-Sale General Liquor License - Verifying Completion of Preapplication Meeting - 1701 Yosemite Avenue - Café Envy - Pages: 11-12 ### File 180138: Special On-Sale General Liquor License - Verifying Completion of Preapplication Meeting - 4608 Third Street - Tato - Pages: 12 ### File 180139: Setting the 2018 Budget and Legislative Analyst Services Work Plan - Pages: 12 ### File 180140: Closed Session - Labor Negotiations - February 27, 2018 - Pages: 12 ### File 180141: Hearing - Emergency Call Boxes - Pages: 12 ### File 180142: Hearing - Budget Process and Department Hearing Calendar - Pages: 12 ### File 180143: Hearing - San Francisco's Civic Center Leased/Owned Portfolio Status - Pages: 12-13 ### File 180144: Hearing - Police Department Neighborhood Property Crime Unit - Pages: 13 ### File 180106: Settlement of Lawsuit - Li Fen Chen - $250,000 - Pages: 13 ### File 180107: Settlement of Lawsuit - Lynette White - $300,000 - Pages: 13 ### File 180108: Settlement of Lawsuit - Nicholas Kafkas - $45,000 - Pages: 13-14 ### File 180109: Settlement of Lawsuit - California Department of Fair Employment and Housing - $55,000 - Pages: 14 ### File 180110: Settlement of Lawsuit - Janet Silk - $135,000 - Pages: 14 ### File 180111: Settlement of Unlitigated Claim - Barry L. Marquardt - $90,000 - Pages: 14 ### File 180112: Public Auction - Tax-Defaulted Real Property - Pages: 14-15 ## Extracted text ### [Page 1](https://sfbos.info/documents/488/2018-02-06-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, February 6, 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 Cohen, Fewer, Stefani 1:00 PM Budget and Finance Federal Select Committee 2nd and 4th Thursday Supervisors Cohen, Fewer, Tang 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 Tang, Kim, Safai 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Wednesday Supervisors Sheehy, Ronen, Peskin 10:00 AM Rules Committee 2nd and 4th Wednesday Supervisors Safai, Yee, Stefani 2:00 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 113 Number 4 ### [Page 2](https://sfbos.info/documents/488/2018-02-06-minutes#page-2) Board of Supervisors Meeting Minutes 2/6/2018 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, February 6, 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. AGENDA CHANGES There were no agenda changes. NEW BUSINESS Recommendations of the Budget and Finance Committee 171275 [Appropriation and De-Appropriation - Airport NARC Forfeiture and Asset Seizure Fund Balance - Police Training Support Facility Capital Project - FY2017-2018 - $1,100,000] Ordinance appropriating $1,100,000 consisting of $333,163 from fund balance in the Airport NARC Forfeiture and Asset Seizure Fund; and $766,837 de-appropriated from Programmatic Projects - Budget in the Airport NARC Forfeiture and Asset Seizure Fund, and re-appropriated to Building, Structures, & Improvements Project - Budget; to support the Airport Commission’s Police Training Support Facility capital project. (Airport Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 75 Printed at 4:46 pm on 3/6/18 ### [Page 3](https://sfbos.info/documents/488/2018-02-06-minutes#page-3) Board of Supervisors Meeting Minutes 2/6/2018 171215 [Real Property Agreement - California Department of General Services, California Military Department - 100 Armory Drive - San Francisco Westside Recycled Water Project - $2,000] Resolution approving and authorizing an agreement for conveyance and acceptance of interests in real property from State of California Department of General Services acting on behalf of the State of California Military Department consisting of easements for subsurface tiebacks, access, and maintenance over real property located at 100 Armory Drive, for $2,000 as part of the San Francisco Public Utilities Commission Water System Improvement Program-Funded Project CUW30201, Westside Recycled Water Project; and authorizing the General Manager of the San Francisco Public Utilities Commission, or Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution, as defined herein. (Public Utilities Commission) Resolution No. 027-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 171217 [Accept and Expend Grant - Department of Homeland Security Federal Emergency Management Agency - Port Security Grant Program - $165,000] Resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $165,000 from the Department of Homeland Security Federal Emergency Management Agency for the Safe Boat Refurbishment and Service Life Extension Program, for the period of September 1, 2017, through August 31, 2020. (Police Department) Resolution No. 028-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 171242 [Lease Modification - United States of America - United States Transportation Security Administration Administrative Offices - International Terminal and Terminal 2 - Not to Exceed $5,988,335.04] Resolution retroactively approving Modification No. 1 to Lease No. GS-09B-03014 with the United States of America for offices occupied by the United States Transportation Security Administration at the International Terminal and Terminal 2 at the San Francisco International Airport, to extend the lease term by three years through October 31, 2020, and adjust the annual rent to $1,996,111.68 for a total amount not exceed $5,988,335.04. (Airport Commission) Resolution No. 029-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 76 Printed at 4:46 pm on 3/6/18 ### [Page 4](https://sfbos.info/documents/488/2018-02-06-minutes#page-4) Board of Supervisors Meeting Minutes 2/6/2018 President Breed requested File Nos. 171262 and 171291 be called together. 171262 [Accept and Expend Grant - Public Health Foundation Enterprises - DOT Diary - $173,559] Sponsor: Sheehy Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $173,559 from Public Health Foundation Enterprises to participate in a program entitled DOT Diary for the period of August 1, 2017, through July 31, 2018. (Public Health Department) Resolution No. 030-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 171291 [Accept and Expend Grant - California Department of Public Health - Oral Health Program-Proposition 56-Support Local Oral Health Programs - $308,879] Sponsor: Safai Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $308,879 from California Department of Public Health to participate in a program entitled, California Department of Public Health Oral Health Program-Proposition 56-Support Local Oral Health Programs, for the period of January 1, 2018, through June 30, 2018. (Public Health Department) Resolution No. 032-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 171322 [Real Property Lease Amendment - BGCA Management, LLC - Bill Graham Civic Auditorium, 99 Grove Street - $25,000 per Month Base Rent] Sponsor: Kim Resolution authorizing and approving an Amendment to Lease with BGCA Management, LLC, a Delaware limited liability company, for Bill Graham Civic Auditorium, at 99 Grove Street; increasing monthly base rent to $25,000; requiring tenant to be responsible for all utilities and a minimum of $10,250,000 in building improvements, new participation rent calculation, and other changes as set forth in Amendment; with no change to the term length to expire on December 31, 2030, to commence upon approval by the Board of Supervisors and Mayor. Resolution No. 024-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 180055 [Accept and Expend Grant - California Department of Housing and Community Development - Budget Act of 2017 - Expansion of Navigation Centers - $10,000,000] Sponsors: Mayor; Ronen Resolution authorizing the Department of Homelessness and Supportive Housing to accept and expend a grant in the amount of $10,000,000 from the California Department of Housing and Community Development for the expansion of Navigation Centers for people experiencing homelessness. Resolution No. 033-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 77 Printed at 4:46 pm on 3/6/18 ### [Page 5](https://sfbos.info/documents/488/2018-02-06-minutes#page-5) Board of Supervisors Meeting Minutes 2/6/2018 Recommendations of the Land Use and Transportation Committee 171193 [Planning Code - Inclusionary Affordable Housing Program] Sponsors: Peskin; Kim Ordinance amending the Planning Code to amend the Inclusionary Housing Ordinance to remove the requirement that on-site and off-site inclusionary units within a new development be ownership units rather than rental units, or alternatively, that the project sponsor submit a contract demonstrating the proposed on-site or off-site units are exempt from the Costa-Hawkins Rental Housing Act; making conforming amendments to Planning Code, Section 124; updating references in Planning Code, Section 406; 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. Supervisor Kim requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 171251 [Underground District - Second Street] Sponsor: Kim Ordinance creating Underground District No. 361 on Second Street from Bryant Street to Townsend Street; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Supervisor Safai dissented in Committee.) PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee 171285 [Housing Code - All-Gender Bathrooms in Hotels] Sponsors: Mayor; Ronen, Kim, Sheehy, Peskin, Fewer, Safai, Breed, Cohen and Stefani Ordinance amending the Housing Code to require that single-stall bathroom facilities in hotels be made available for the use of all residents, regardless of gender or gender identity, and to require that signage be posted to indicate the same; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisors Breed and Cohen requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 78 Printed at 4:46 pm on 3/6/18 ### [Page 6](https://sfbos.info/documents/488/2018-02-06-minutes#page-6) Board of Supervisors Meeting Minutes 2/6/2018 President Breed recessed the meeting at 2:56 p.m. and reconvened at 3:32 p.m. SPECIAL ORDER 3:30 P.M. - Recognition of Commendations Supervisor Cohen, seconded by Supervisor Fewer, 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, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Appointment of President Pro Tempore At the request of President Breed, Supervisor Cohen assumed the chair at 3:34 p.m. so that Supervisor Cohen could preside over the Black History Month commendations and President Breed participated from the floor. President Breed resumed the chair at 4:58 p.m. BLACK HISTORY MONTH Supervisors introduced, welcomed, and presented Certificates of Honor to individuals in recognition of Black History Month, their accomplishments, and their continued community support, as referenced below: Supervisor Cohen recognized Tsion “Sunshine” Lencho; Supervisor Fewer recognized Reverend Ayana Moore; Supervisor Peskin recognized Carl Payne; Supervisor Tang recognized Robert Muhammad; Supervisor Yee recognized Evernease McKnight; Supervisor Breed recognized Trina Johnson; Supervisor Ronen recognized Gina Dacus; Supervisor Safai recognized Al Harris; Supervisor Stefani recognized Nadia Sesay; Supervisor Kim recognized La’Shawndra Breston; and Supervisor Sheehy recognized Janetta Louise Johnson. City and County of San Francisco Page 79 Printed at 4:46 pm on 3/6/18 ### [Page 7](https://sfbos.info/documents/488/2018-02-06-minutes#page-7) Board of Supervisors Meeting Minutes 2/6/2018 COMMITTEE REPORTS Recommendation of the Budget and Finance Committee 171287 [Negotiate Purchase and Sale or Lease Agreements - California Department of Transportation (Caltrans) - Homeless Services on Caltrans Property] Sponsors: Mayor; Sheehy Resolution authorizing the Director of the Real Estate Department to negotiate with the California Department of Transportation (Caltrans) for the purpose of executing purchase and sale or lease agreements to provide homeless services on Caltrans property to protect the health safety and welfare of people experiencing homelessness. Resolution No. 031-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Recommendation of the Rules Committee 171308 [Charter Amendment - Revenue Bonds for Public Utilities Commission Clean Power, Water, and Clean Water Facilities] Sponsors: Peskin; Tang and Safai Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco to authorize the Public Utilities Commission to issue revenue bonds for power facilities when approved by ordinance receiving a two-thirds vote of the Board of Supervisors, and to clarify the scope of the Commission's bond authority with regard to the City's water and clean water utilities; at an election to be held on June 5, 2018. Supervisor Peskin, seconded by Supervisor Safai, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of February 13, 2018. The motion carried 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. City and County of San Francisco Page 80 Printed at 4:46 pm on 3/6/18 ### [Page 8](https://sfbos.info/documents/488/2018-02-06-minutes#page-8) Board of Supervisors Meeting Minutes 2/6/2018 PUBLIC COMMENT Abdalla Megahed; shared concerns regarding homelessness and the need for affordable housing. Speaker; shared various religious concerns. Andrew Yip; shared his various thoughts and experiences with the Board. Wynship W. Hillier; requested that the members of the Board resign due to concerns regarding Citywide Case Management. Patricia Vaughy; shared concerns regarding discrimination for political gain. Michael Wright; shared concerns regarding bias and differential treatment. John Fitch; shared concerns regarding the appointment of an Interim Mayor and the conference of Mayors. Tom Gilberty; shared the effects of various cannabis strain and provided literary suggestions. Francisco Da Costa; shared concerns regarding greed and the need for unity. C.W. Johnson; shared the benefits of the mental health hotline. Speaker; shared the benefits of employment programs. FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Stefani requested that File Nos. 180121 and 180123 be severed and considered separately. 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. Supervisors Tang, Yee, Stefani, Safai and Cohen requested to be added as co-sponsors. Resolution No. 034-18 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee City and County of San Francisco Page 81 Printed at 4:46 pm on 3/6/18 ### [Page 9](https://sfbos.info/documents/488/2018-02-06-minutes#page-9) Board of Supervisors Meeting Minutes 2/6/2018 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) Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 16, by striking ‘raises additional issues concerning the potential’ and adding ‘constituted substantial evidence’; Line 21, by adding ‘substantial’, Lines 21-22, by striking ‘calling into question whether the Categorical Exemption adequately addresses the potential’ and adding ‘, including a report by certified hydrogeologist Matthew Hagemann, C. Hg.’, and Line 22, by striking ‘will’ and adding ‘may’; on Page 3, Line 8, by striking ‘raised important questions’ and adding ‘constituted substantial evidence’, Line 7, by striking ‘could’ and adding ‘may’, Lines 10-11, by striking ‘raises issues concerning the adequacy of the record to address the potential’ and adding ‘, including a report by certified hydrogeologist Matthew Hagemann, C. Hg., constituted substantial evidence’, and Line 20, by adding ‘at 2417 Green Street’; and Page 3, Line 21, through page 4, Line 2, by striking ‘directs the Planning Department to undertake further analysis and require the project sponsor to provide further information for review by the Department of Building Inspection concerning whether the Project will cause a substantial adverse change in the historic significance of 2421 Green Street; and, be it FURTHER MOVED, That the Board directs the Planning Department to undertake further analysis and require the project sponsor to provide further information for review by the Department of Public Health concerning whether soils on the Project site contain hazardous materials which may present an unusual circumstance at the project site.’ and adding ‘finds that there is substantial evidence in the record before the Board that the Project proposed at 2417 Green Street presents unusual circumstances relating to historic resources and hazardous materials and it appears as a result of those circumstances the project may have a significant effect on the environment and, based on the facts presented to the Board of Supervisors on the hearing on January 9, 2018, the Project is therefore not Categorically Exempt from CEQA review.’ The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee Motion No. M18-012 APPROVED AS AMENDED 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 82 Printed at 4:46 pm on 3/6/18 ### [Page 10](https://sfbos.info/documents/488/2018-02-06-minutes#page-10) Board of Supervisors Meeting Minutes 2/6/2018 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 180132 [Administrative Code - Criminal Justice System Fees and Penalties] Sponsors: Breed; Cohen, Tang and Sheehy Ordinance amending the Administrative Code to abolish fees associated with probation costs, restitution, booking, the Sheriff’s Work Alternative Program, the automated county warrant system, the Sheriff’s Home Detention Program, and to abolish local penalties associated with alcohol testing and court-ordered penalties for misdemeanor and felony offenses. (Fiscal Impact; No Budget and Legislative Analyst Report) 02/06/18; ASSIGNED to Rules Committee. 180133 [Mission Bay South - Accepting Portions of Seventh Street and Mission Bay Drive] Sponsor: Kim Ordinance accepting the irrevocable offer of public infrastructure acquisition facilities and real property associated with Seventh Street and Mission Bay Drive Phase 1 and Phase 2 Infrastructure Improvements, including portions of Seventh Street, Berry Street Connector, and Mission Bay Drive in Mission Bay South (“Seventh Street and Mission Bay Drive Public Infrastructure”); declaring City property and additional property as shown on official Public Works maps as open public right-of-way; dedicating the Seventh Street and Mission Bay Drive Public Infrastructure for public use and designating such Public Infrastructure for public street and roadway purposes; establishing official public right-of-way widths and street grades; amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks” to establish official sidewalk width on the abovementioned street areas; accepting the Seventh Street and Mission Bay Drive Public Infrastructure for City maintenance and liability purposes, subject to specified limitations; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and the Mission Bay South Redevelopment Plan; accepting a Public Works Order; and authorizing official acts in connection with this Ordinance. 02/06/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 3/8/2018. City and County of San Francisco Page 83 Printed at 4:46 pm on 3/6/18 ### [Page 11](https://sfbos.info/documents/488/2018-02-06-minutes#page-11) Board of Supervisors Meeting Minutes 2/6/2018 Resolutions 180134 [Calling and Consolidation of Elections Scheduled for June 5, 2018] Sponsor: Breed Resolution calling and providing for a special election on behalf of the Bay Area Toll Authority regarding Regional Measure 3, directing the Director of Elections to conduct that special election, and consolidating that special election with the State of California Statewide Direct Primary Election and the City and County of San Francisco Municipal Election, all of which will occur on June 5, 2018; and providing that the election precincts, voting places, and officers for these elections shall be the same as for the Statewide Direct Primary Election. 02/06/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 180135 [Revenue Agreement Amendment - JC Decaux San Francisco, LLC - Extending Term to October 12, 2018] Sponsor: Peskin Resolution approving the Fourth Amendment to the Revenue Agreement between Public Works and JC Decaux San Francisco, LLC, for the Automatic Public Toilet and Public Service Kiosk Program extending the contract term by 240 days, changing the termination date from February 14, 2018, to October 12, 2018. 02/06/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180136 [Michael Rios - San Francisco Artist Emeritus] Sponsors: Peskin; Ronen Resolution designating Michael Rios an Artist Emeritus of the City and County of San Francisco. 02/06/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Motions 180137 [Special On-Sale General Liquor License - Verifying Completion of Preapplication Meeting - 1701 Yosemite Avenue - Café Envy] Sponsor: Cohen Motion verifying that Café Envy LLC, doing business as Café Envy, located at 1701 Yosemite Avenue, has completed the preapplication meeting requirement under California Business and Professions Code, Section 23826.13, for the issuance of a new, non-transferable, Type-87 neighborhood-restricted special on-sale general liquor license. 02/06/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. City and County of San Francisco Page 84 Printed at 4:46 pm on 3/6/18 ### [Page 12](https://sfbos.info/documents/488/2018-02-06-minutes#page-12) Board of Supervisors Meeting Minutes 2/6/2018 180138 [Special On-Sale General Liquor License - Verifying Completion of Preapplication Meeting - 4608 Third Street - Tato] Sponsor: Cohen Motion verifying that Kristin Anne Houk, doing business as Tato, located at 4608 Third Street, has completed the preapplication meeting requirement under California Business and Professions Code, Section 23826.13, for the issuance of a new, non-transferable, Type-87 neighborhood-restricted special on-sale general liquor license. 02/06/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. 180139 [Setting the 2018 Budget and Legislative Analyst Services Work Plan] Sponsor: Kim Motion approving the Budget and Legislative Analyst Services work plan for 2018, which allocates hours for calendar year 2018, authorizes the Budget and Legislative Analyst to reallocate up to 20% of the hours between service categories based on Board of Supervisors service needs, and requires Board of Supervisors approval of hours re-allocation greater than 20%; and establishes performance goals and sets a date for the 2018 annual performance evaluation of the Budget and Legislative Analyst Joint Venture Partnership. 02/06/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180140 [Closed Session - Labor Negotiations - February 27, 2018] Sponsor: Peskin Motion that the Board of Supervisors convene in closed session on February 27, 2018, at 3:00 p.m. with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding labor negotiations of the City’s closed labor contracts. 02/06/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Requests for Hearing 180141 [Hearing - Emergency Call Boxes] Sponsor: Peskin Hearing on the status of operations of the City's emergency call boxes citywide; and requesting the Department of Technology and Fire Department to report. 02/06/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. 180142 [Hearing - Budget Process and Department Hearing Calendar] Sponsor: Cohen Hearing on the overview of the City's budget process and hearing schedule; and requesting the Mayor's Budget Office and Budget and Legislative Analyst to report. 02/06/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180143 [Hearing - San Francisco's Civic Center Leased/Owned Portfolio Status] Sponsor: Cohen Hearing on the current status of the City's leased/owned portfolio within the Civic Center, and and update of the City's portfolio five-year plan; and requesting the Real Estate Division to report. 02/06/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 85 Printed at 4:46 pm on 3/6/18 ### [Page 13](https://sfbos.info/documents/488/2018-02-06-minutes#page-13) Board of Supervisors Meeting Minutes 2/6/2018 180144 [Hearing - Police Department Neighborhood Property Crime Unit] Sponsor: Stefani Hearing on the implementation and progress of the Police Department Neighborhood Property Crime Unit to present information on the structure and practices of the Neighborhood Property Crime Unit as well as regular updates of their progress; and requesting the Chief of Police to report. 02/06/18; 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 ORDINANCES 180106 [Settlement of Lawsuit - Li Fen Chen - $250,000] Ordinance authorizing settlement of the lawsuit filed by Li Fen Chen against the City and County of San Francisco for $250,000; the lawsuit was filed on May 23, 2016, in San Francisco Superior Court, Case No. CGC-16-552173; entitled Li Fen Chen v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) 01/26/18; RECEIVED FROM DEPARTMENT. 02/06/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180107 [Settlement of Lawsuit - Lynette White - $300,000] Ordinance authorizing settlement of the lawsuit filed by Lynette White against the City and County of San Francisco for $300,000; the lawsuit was filed on January 29, 2016, in San Francisco Superior Court, Case No. CGC-16-550136; entitled Lynette White v. Blake Cunningham et al.; the lawsuit involves alleged injury from a collision with a Police Department vehicle; other material terms of the settlement include a waiver of the Zuckerberg San Francisco General Hospital lien. (City Attorney) 01/25/18; RECEIVED FROM DEPARTMENT. 02/06/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180108 [Settlement of Lawsuit - Nicholas Kafkas - $45,000] Ordinance authorizing settlement of the lawsuit filed by Nicholas Kafkas against the City and County of San Francisco for $45,000; the lawsuit was filed on February 3, 2016, in San Francisco Superior Court, Case No. CGC-16-550258; entitled Nicholas Kafkas v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from vehicle collision. (City Attorney) 01/25/18; RECEIVED FROM DEPARTMENT. 02/06/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 86 Printed at 4:46 pm on 3/6/18 ### [Page 14](https://sfbos.info/documents/488/2018-02-06-minutes#page-14) Board of Supervisors Meeting Minutes 2/6/2018 180109 [Settlement of Lawsuit - California Department of Fair Employment and Housing - $55,000] Ordinance authorizing settlement of the lawsuit filed by the California Department of Fair Employment and Housing against the City and County of San Francisco for $55,000; the lawsuit was filed on August 18, 2017, in San Francisco Superior Court, Case No. CGC-17-560827; entitled Department of Fair Employment and Housing, et al. v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) 01/25/18; RECEIVED FROM DEPARTMENT. 02/06/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180110 [Settlement of Lawsuit - Janet Silk - $135,000] Ordinance authorizing settlement of the lawsuit filed by Janet Silk against the City and County of San Francisco for $135,000; the lawsuit was filed on October 17, 2016, in San Francisco Superior Court, Case No. CGC-16-554864; entitled Janet Silk v. Robert J. Franko, City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle collision. (City Attorney) 01/25/18; RECEIVED FROM DEPARTMENT. 02/06/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. PROPOSED RESOLUTIONS 180111 [Settlement of Unlitigated Claim - Barry L. Marquardt - $90,000] Resolution approving the settlement of the unlitigated claim filed by Barry L. Marquardt against the City and County of San Francisco for $90,000; the claim was filed on March 20, 2017; the claim involves a personal injury on a City sidewalk. (City Attorney) 01/25/18; RECEIVED FROM DEPARTMENT. 02/06/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180112 [Public Auction - Tax-Defaulted Real Property] Resolution authorizing Tax Collector to sell at public auction certain parcels of tax-defaulted real property, as defined herein. (Treasurer-Tax Collector) 01/29/18; RECEIVED FROM DEPARTMENT. 02/06/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. In Memoriams Orion Pitts - Supervisor Tang Edward Carmen Prudente, Sr. - Supervisor Peskin City and County of San Francisco Page 87 Printed at 4:46 pm on 3/6/18 ### [Page 15](https://sfbos.info/documents/488/2018-02-06-minutes#page-15) Board of Supervisors Meeting Minutes 2/6/2018 ADJOURNMENT There being no further business, the Board adjourned at the hour 4:59 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 88 Printed at 4:46 pm on 3/6/18