# Board of Supervisors Minutes: December 11, 2018 - Meeting date: 2018-12-11 - Document type: minutes - Pages in official PDF: 41 - [Canonical HTML transcript](https://sfbos.info/documents/556/2018-12-11-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=656389&GUID=64882278-6AC7-4954-85F5-088236AA5629) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 181105: Mayoral Appointment, Residential Rent Stabilization and Arbitration Board - Jeffrey Joshua Panzer - Pages: 11-12 - Vote 1: continuance - Action: 181105 [Mayoral Appointment, Residential Rent Stabilization and Arbitration Board - Jeffrey Joshua Panzer] Motion approving the Mayor's appointment of Jeffrey Joshua Panzer to the Residential Rent Stabilization and Arbitration Board, for a term ending September 1, 2022. (Clerk of the Board) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: November 13, 2018.) President Cohen informed the Board that Jeffrey Joshua Panzer withdrew his name from consideration for appointment to the Residential Rent Stabilization and Arbitration Board on December 10, 2018. Supervisor Cohen, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 181086: Accept and Expend Grant - United States Department of Justice - National Incident-Based Reporting System - $5,304,000 - Pages: 12 - Vote 1: adoption, likely final - Action: 181086 [Accept and Expend Grant - United States Department of Justice - National Incident-Based Reporting System - $5,304,000] Sponsors: Mayor; Cohen and Stefani Resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $5,304,000 from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, to assist with National Incident-Based Reporting System transition efforts for the project period of October 1, 2018, through September 30, 2021. (Police Department) Resolution No. 428-18 ADOPTED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 181094: Lease of City Property - ArtSpan - 45 Onondaga Avenue - $50,928 Per Year Rent - Pages: 12 - Vote 1: adoption, likely final - Action: 181094 [Lease of City Property - ArtSpan - 45 Onondaga Avenue - $50,928 Per Year Rent] Sponsor: Safai Resolution authorizing the Director of Property to execute a commercial lease, between the City and County of San Francisco and ArtSpan, for the City-owned property located at 45 Onondaga Avenue for $50,928 per year; authorizing the reimbursement of up to $410,000 for tenant improvements; for a term of ten years with two five-year options to extend, to commence following Board approval; making findings that the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Real Estate Department) Resolution No. 430-18 ADOPTED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 181095: Lease of City Property - Volunteers in Medicine - dba Clinic By the Bay - 35 Onondaga Avenue - $47,520 Per Year Rent - Pages: 12-13 - Vote 1: adoption, likely final - Action: 181095 [Lease of City Property - Volunteers in Medicine - dba Clinic By the Bay - 35 Onondaga Avenue - $47,520 Per Year Rent] Sponsor: Safai Resolution authorizing the Director of Property to execute a commercial lease, between the City and County of San Francisco and Volunteers in Medicine dba Clinic By the Bay, for the City-owned property located at 35 Onondaga Avenue for $47,520 per year; authorizing the reimbursement of up to $410,000 for tenant improvements; for a term of ten years with two five-year options to extend, finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Real Estate Department) Resolution No. 431-18 ADOPTED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 181060: Settlement of Lawsuit - Philadelphia Indemnity Insurance Company - $760,000 - Pages: 13 - Vote 1: amendment - Action: 181060 [Settlement of Lawsuit - Philadelphia Indemnity Insurance Company - $760,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against the Philadelphia Indemnity Insurance Company for $780,000; the lawsuit was filed on October 2, 2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over whether the City is covered under the terms of a commercial liability insurance policy. (City Attorney) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by reducing the settlement amount from '$780,000' to '$760,000.' The motion carried by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Vote 2: first-reading - Action: Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against the Philadelphia Indemnity Insurance Company for $760,000; the lawsuit was filed on October 2, 2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over whether the City is covered under the terms of a commercial liability insurance policy. (City Attorney) PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ### File 181090: Resolution of Intention - SoMa West Community Benefit District - Pages: 13-14 - Vote 1: adoption, likely final - Action: 181090 [Resolution of Intention - SoMa West Community Benefit District] Sponsor: Kim Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district known as the “SoMa West Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on February 5, 2019, at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting, as required by law. ADOPTED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Stefani, Tang, Yee - Absent: Safai - Vote 2: rescission - Action: Supervisor Safai, seconded by Supervisor Ronen, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee - Vote 3: adoption, likely final - Action: Resolution No. 421-18 ADOPTED by the following vote: - Ayes: Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee ## Extracted text ### [Page 12](https://sfbos.info/documents/556/2018-12-11-minutes#page-12) Board of Supervisors Meeting Minutes 12/11/2018 NEW BUSINESS Recommendations of the Budget and Finance Committee 181086 [Accept and Expend Grant - United States Department of Justice - National Incident-Based Reporting System - $5,304,000] Sponsors: Mayor; Cohen and Stefani Resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $5,304,000 from the United States Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, to assist with National Incident-Based Reporting System transition efforts for the project period of October 1, 2018, through September 30, 2021. (Police Department) Resolution No. 428-18 ADOPTED by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee 181094 [Lease of City Property - ArtSpan - 45 Onondaga Avenue - $50,928 Per Year Rent] Sponsor: Safai Resolution authorizing the Director of Property to execute a commercial lease, between the City and County of San Francisco and ArtSpan, for the City-owned property located at 45 Onondaga Avenue for $50,928 per year; authorizing the reimbursement of up to $410,000 for tenant improvements; for a term of ten years with two five-year options to extend, to commence following Board approval; making findings that the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Real Estate Department) Resolution No. 430-18 ADOPTED by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee 181095 [Lease of City Property - Volunteers in Medicine - dba Clinic By the Bay - 35 Onondaga Avenue - $47,520 Per Year Rent] Sponsor: Safai Resolution authorizing the Director of Property to execute a commercial lease, between the City and County of San Francisco and Volunteers in Medicine dba Clinic By the Bay, for the City-owned property located at 35 Onondaga Avenue for $47,520 per year; authorizing the reimbursement of up to $410,000 for tenant improvements; for a term of ten years with two five-year options to extend, finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Real Estate Department) Resolution No. 431-18 ADOPTED by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 951 Printed at 3:58 pm on 1/18/19 ### [Page 13](https://sfbos.info/documents/556/2018-12-11-minutes#page-13) Board of Supervisors Meeting Minutes 12/11/2018 Recommendations of the Government Audit and Oversight Committee 181060 [Settlement of Lawsuit - Philadelphia Indemnity Insurance Company - $760,000] Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against the Philadelphia Indemnity Insurance Company for $780,000; the lawsuit was filed on October 2, 2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over whether the City is covered under the terms of a commercial liability insurance policy. (City Attorney) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by reducing the settlement amount from '$780,000' to '$760,000.' The motion carried by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Ordinance authorizing settlement of the lawsuit filed by City and County of San Francisco against the Philadelphia Indemnity Insurance Company for $760,000; the lawsuit was filed on October 2, 2015, in United States District Court, Case No. 15-cv-04557; entitled City and County of San Francisco v. Philadelphia Indemnity Insurance Company; the lawsuit involves a dispute over whether the City is covered under the terms of a commercial liability insurance policy. (City Attorney) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Supervisor Safai was noted absent at 3:08 p.m. President Cohen requested File Nos. 181090 and 181091 be called together. 181090 [Resolution of Intention - SoMa West Community Benefit District] Sponsor: Kim Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district known as the “SoMa West Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on February 5, 2019, at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting, as required by law. ADOPTED by the following vote: Ayes: 10 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Stefani, Tang, Yee Absent: 1 - Safai Supervisor Safai, seconded by Supervisor Ronen, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Resolution No. 421-18 ADOPTED by the following vote: Ayes: 11 - Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 952 Printed at 3:58 pm on 1/18/19