Board of Supervisors Minutes: June 25, 2024

240475 [Administrative, Police, Transportation Codes - Entertainment Zones] Sponsors: Mayor; Dorsey, Melgar, Engardio, Ronen, Safai, Walton, Mandelman and Stefani Ordinance amending the Administrative, Police, and Transportation Codes to allow the establishment and management of Entertainment Zones in which the outdoor consumption of alcoholic beverages during designated events is allowed, subject to certain conditions; to establish insurance requirements for Entertainment Zone events; to establish an Entertainment Zone on Front Street between California Street and Sacramento Street; to allow the outdoor consumption of alcoholic beverages in areas subject to a Shared Space permit where the permit holder also holds a permit or license from the California Department of Alcoholic Beverage Control; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 165-24 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240439 [Public Works Code - Vending Requirements and Restrictions] Sponsors: Mayor; Safai Ordinance amending the Public Works Code to streamline the enforcement of vending requirements and restrictions, clarify vending permit application and compliance requirements, require certain vending permittees to register with the Tax Collector and pay related fees, prohibit stationary sidewalk vendors from vending in residential districts as defined in the Planning Code, limit permissible vending times, and streamline approval of vending regulations; and affirming the Planning Department’s determination under the California Environmental Quality Act. Privilege of the floor was granted unanimously to Tom Paulino (Mayor’s Office) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Walton, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 14, Lines 15-16, by adding ‘and shall urge the Vendor to make every effort to remove the items, or cause their removal’. The motion carried by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240593 [Proposed Interim Budget and Appropriation Ordinance for Departments - FYs 2024-2025 and 2025-2026] Sponsor: Mayor Proposed Interim Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of June 1, 2024, for the Fiscal Years (FYs) ending June 30, 2025, and June 30, 2026. Ordinance No. 166-24 FINALLY PASSED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240594 [Proposed Interim Annual Salary Ordinance - FYs 2024-2025 and 2025-2026] Sponsor: Mayor Proposed Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Years (FYs) ending June 30, 2025, and June 30, 2026, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations. Ordinance No. 167-24 FINALLY PASSED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240609 [De-Appropriation and Appropriation - Police Department and Sheriff’s Department - $6,862,571 - FY2023-2024] Sponsor: Mayor Ordinance de-appropriating $6,862,571 from salaries, equipment, and materials and supplies and appropriating $2,770,003 to overtime in the Police Department and $4,092,568 to overtime in the Sheriff’s Department, in order to support the Departments’ projected increases in overtime as required per Administrative Code, Section 3.17. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240617 [Accept and Expend Grant - California Victim Compensation Board - Compensation for Crime Victims - $2,530,992] Sponsors: Mayor; Engardio, Mandelman and Peskin Resolution authorizing the Office of the District Attorney to accept and expend a grant in the amount of $2,530,992 from the California Victim Compensation Board for a project, entitled “Joint Powers Agreement S24-012,” to assist victims and witnesses with compensation claims for the period July 1, 2024, through June 30, 2027. (District Attorney) Supervisor Peskin requested to be added as a co-sponsor. Resolution No. 356-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240411 [Planning Code - Polk Street Neighborhood Commercial District] Sponsor: Peskin Ordinance amending the Planning Code to create an exception to allow storefront mergers and large uses for certain Limited Restaurant Uses designated as Legacy Businesses in the Polk Street Neighborhood Commercial District; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240640 [Landmark Tree Designation - Coast Redwood - 4 Montclair Terrace] Sponsor: Peskin Ordinance designating the coast redwood (Sequoia sempervirens) tree located at 4 Montclair Terrace as a landmark tree pursuant to the Public Works Code; making findings supporting the designation; and directing official acts in furtherance of the landmark tree designation, as defined herein. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240213 [Commemorative Street Name Designation - “Dr. Howard Thurman Way” - 2020 Stockton Street] Sponsors: Peskin; Preston and Melgar Resolution adding the commemorative street name “Dr. Howard Thurman Way” to the 2020 Block of Stockton Street in recognition of Dr. Howard Thurman’s legacy in San Francisco. Resolution No. 366-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240464 [Liquor License Issuance - 2 Embarcadero Center - Embarc Wines] Resolution determining that the issuance of a Type-42 on-sale beer and wine liquor license to EW BY THE GLASS LLC, doing business as Embarc Wines, located at 2 Embarcadero Center (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; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 367-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240465 [Liquor License Issuance - 636 Jackson Street - Great Star Theater] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to GST LLC, to do business as Great Star Theater located at 636 Jackson 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; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 368-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240466 [Liquor License Issuance - 67-5th Street - Zevi Cafe and Bistro] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to Mirian and Zelal Inc., to do business as Zevi Cafe and Bistro located at 67-5th Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 369-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240490 [Liquor License Issuance - 420 Mason Street - August Hall] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to AH & GLCC LLC., to do business as August Hall located at 420 Mason 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; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 370-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240561 [Leather and Lesbian, Gay, Bisexual, Transgender, Queer Cultural District’s Cultural, History, Housing, and Economic Sustainability Strategy Report] Sponsors: Mayor; Dorsey, Engardio, Mandelman, Stefani, Ronen and Peskin Resolution adopting the Leather and Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ) Cultural District’s Cultural, History, Housing, and Economic Sustainability Strategy Report (CHHESS) under Administrative Code, Section 107.5. Supervisors Ronen and Peskin requested to be added as co-sponsors. Resolution No. 371-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240332 [Administrative Code - Library Read to Recovery Program] Sponsors: Dorsey; Mandelman, Stefani, Engardio, Ronen, Safai and Preston Ordinance amending the Administrative Code to establish the Library Read to Recovery Program to provide at the Main Library and all Library branches free written materials and books from mutual-help programs, for individuals who seek recovery from substance-use disorders and non-substance-related addictive disorders. Supervisor Preston requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240412 [Administrative Code - Repealing Deemed Approved Off-Street Alcohol Use Nuisance Ordinance] Sponsors: Stefani; Dorsey and Mandelman Ordinance amending the Administrative Code to repeal Chapter 26, known as the Deemed Approved Off-Sale Alcohol Use Nuisance Regulations, and thereby repealing certain City provisions regulating establishments that sell alcoholic beverages for off-site consumption. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240469 [Administrative Code - Amended Airport Surveillance Technology Policy] Ordinance approving the amended Airport Surveillance Technology Policy governing the use of pre-security cameras. (Airport Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240463 [Mayoral Appointment, Building Inspection Commission - Catherine Meng] Motion approving the Mayor’s nomination for the appointment of Catherine Meng to the Building Inspection Commission, for the unexpired portion of an initial one-year term ending July 1, 2024, and for a term beginning July 1, 2024, and ending July 1, 2026. (Clerk of the Board) (Charter, Section 4.121, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: May 2, 2024.) Motion No. M24-062 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240663 [Mayoral Appointment, Port Commission - Stephen Engblom] Motion approving the Mayor’s nomination for appointment of Stephen Engblom to the Port Commission, term ending May 1, 2028. (Clerk of the Board) (Charter, Section 4.114, provides that the Mayor's appointment is subject to confirmation by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: June 5, 2024.) Motion No. M24-063 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240656 [Presidential Reappointment, Planning Commission - Maria Theresa Imperial] Motion approving the President of the Board of Supervisors Aaron Peskin’s nomination for the reappointment of Maria Theresa Imperial to the Planning Commission, for a term beginning July 1, 2024, and ending July 1, 2028. (Clerk of the Board) (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 4, 2024.) Motion No. M24-064 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240691 [Controller’s Reappointment, Public Works Commission - Lauren Post] Motion approving the Controller’s nomination for the reappointment of Lauren Post to the Public Works Commission, for a term beginning July 2, 2024, and ending July 2, 2028. (Clerk of the Board) (Charter, Section 4.141, provides that this nomination is subject to confirmation by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: May 21, 2024.) Motion No. M24-065 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240494 [Reappointment, Public Works Commission - Gerald Demarcus Turner and Fady Zoubi] Motion reappointing Gerald Demarcus Turner and Fady Zoubi, terms ending July 2, 2028, to the Public Works Commission. (Rules Committee) Motion No. M24-066 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240435 [Settlement of Unlitigated Claims - U.S. Department of Health and Human Services - City to Receive $441,521.39] Resolution approving the settlement of unlitigated claims in favor of the City and County of San Francisco against the U.S. Department of Health and Human Services by payment of $441,521.39 to the City; the administrative claims were filed on December 29, 2016, and August 16, 2016; the claims involve underpayment of Medicare costs by the U.S. Department of Health and Human Services for outlier payments under the Medicare Inpatient Prospective Payer System for Federal Fiscal Years 2005-2006. (City Attorney) Resolution No. 355-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

240695 [Final Map No. 11099 - 400 China Basin Street] Motion approving Final Map No. 11099, a 148-unit residential condominium project, located at 400 China Basin Street, being a subdivision of Assessor’s Parcel Block No. 8719, Lot No. 005; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1, the Mission Bay South Redevelopment Plan, and the Plan Documents. (Public Works) Motion No. M24-067 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: None

Absent: Safai

240684 [Supporting The Justice for Renters Act - California State Proposition - November 5, 2024 Ballot] Sponsors: Preston; Peskin, Ronen, Walton and Chan Resolution supporting The Justice for Renters Act, a California State Proposition on the November 5, 2024, ballot; and reaffirming the City and County of San Francisco’s support for repeal of the Costa-Hawkins Rental Housing Act. Supervisor Preston, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 2, 2024. The motion carried by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: None

Absent: Safai

240707 [Urging the State Legislature to Ratify Additional Reparations Proposals] Sponsors: Walton; Preston Resolution urging the State Legislature to ratify additional reparations proposals as proposed by the California Legislative Black Caucus based on the recommendations from the California Reparations Task Force. Supervisor Preston requested to be added as a co-sponsor. Supervisor Walton, seconded by Supervisor Mandelman, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 10, by changing ‘damaged’ to ‘damage’. The motion carried by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: None

Absent: Safai

Resolution No. 372-24 ADOPTED AS AMENDED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: None

Absent: Safai

240721 [Deputy Controller Todd Rydstrom Day - July 1, 2024] Sponsors: Peskin; Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Ronen, Safai, Stefani and Walton Resolution commending and honoring Todd Rydstrom for his outstanding service as the San Francisco Deputy Controller; and declaring July 1, 2024, as Deputy Controller Todd Rydstrom Day in the City and County of San Francisco. President Peskin inquired whether any individual wished to address the Board on the Imperative Agenda item commending and honoring Deputy Controller Todd Rydstrom (File No. 240721). There were no speakers. The President declared public comment closed. Resolution No. 373-24 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: None

Absent: Safai