Board of Supervisors Minutes: September 3, 2024

240716 [Settlement of Lawsuit - RES System 3, LLC - $2,600,000] Ordinance authorizing settlement of the lawsuit filed by RES System 3, LLC against the City and County of San Francisco for $2,600,000; the lawsuit was filed on September 26, 2022, in San Francisco Superior Court, case number CGC-22-601949, and later transferred to Alameda County Superior Court, case number 23-CV-037877; entitled RES System 3, LLC v. City and County of San Francisco Public Utilities Commission; the lawsuit involves alleged breach of contract and related cost impacts arising from the design and construction of the Warnerville electrical substation in Oakdale, California; other material terms of the settlement are a mutual release of claims between the parties with limited exceptions for latent defects and warranty items. (City Attorney) Ordinance No. 221-24 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

240665 [Transportation Code - Fee Waivers for Qualifying Neighborhood Outdoor Events - Certain Sunset District Streets] Sponsors: Mayor; Mandelman, Melgar, Engardio, Dorsey and Chan Ordinance amending the Transportation Code to waive fees related to the temporary closure of streets for events on Irving, Noriega, and Taraval Streets, from 19th Avenue to the Great Highway, that are organized by community-serving nonprofit arts and culture organizations, small businesses, merchant associations, neighborhood resident associations, and property and business improvement districts, and to set a sunset date of June 30, 2027, for the program waiving fees related to such street closures throughout the City. (Fiscal Impact) Ordinance No. 222-24 FINALLY PASSED by the following vote:

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

Noes: None

240725 [Planning Code - Landmark Designation - Rainbow Flag at Harvey Milk Plaza] Sponsors: Mandelman; Engardio, Dorsey, Peskin, Chan, Melgar, Preston, Safai, Ronen, Stefani and Walton Ordinance amending the Planning Code to designate the Rainbow Flag Installation at Harvey Milk Plaza, by Gilbert Baker, located at the southwest corner of the intersection of Market Street and Castro Street, as a Landmark consistent with the standards set forth in 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. Ordinance No. 223-24 FINALLY PASSED by the following vote:

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

Noes: None

240766 [Administrative Code - Ban on Automated Rent-Setting] Sponsors: Peskin; Chan, Preston, Melgar, Ronen and Dorsey Ordinance amending the Administrative Code to prohibit the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units located in San Francisco. Ordinance No. 224-24 FINALLY PASSED by the following vote:

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

Noes: None

ase and a Lease Agreement, each between the City and County of San Francisco and the Trustee for the lease and lease back of certain property and facilities of the City; approving the forms of Purchase Contract, Official Notice of Sale, and Notice of Intention to Sell Certificates; directing the publication of the Notice of Intention to Sell Certificates; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of the Certificates; approving the form of the Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, execution, sale and delivery of the Certificates, including termination of the Ground Lease and transfer of the Concourse Garage property and related property to the City and County of San Francisco under the jurisdiction of the Recreation and Park Commission; approving modifications to documents and agreements; declaring the City’s intent to reimburse certain expenditures; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

240728 [Business and Tax Regulations Code - Transfer Tax Reduction for Union Labor-Built and Union Pension Fund-Financed Housing] Sponsors: Safai; Chan and Melgar Ordinance amending the Business and Tax Regulations Code to reduce the real property transfer tax rates from 5.5% to 3% when the consideration or value of the interest or property conveyed is at least $10,000,000 but less than $25,000,000; and from 6% to 3% when the consideration or value of the interest or property conveyed equals or exceeds $25,000,000 for transfers of certain properties with at least 12% rent-restricted affordable units, that were constructed using union labor, and had a debt or equity investment of at least $25,000,000 from a union pension fund at the time of the transfer; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

240642 [Accept and Expend Grant - Retroactive - National Park Service through the California Department of Parks and Recreation - Buchanan Street Mall Project - $8,124,800] Sponsors: Mayor; Preston and Mandelman Resolution retroactively authorizing the Recreation and Park Department to accept and expend up to $8,124,800 in grant funding from the National Park Service through the California Department of Parks and Recreation for the Buchanan Street Mall Project for the period of July 1, 2022, through January 31, 2027; to enter into a grant contract with the California Department of Parks and Recreation; and to authorize the General Manager of the Recreation and Park Department to enter into any modifications and amendments to the Grant Contract that do not materially increase the obligations or liabilities of the City. (Recreation and Park Department) (Fiscal Impact) Resolution No. 448-24 ADOPTED by the following vote:

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

Noes: None

240679 [Accept and Expend Grant - California State Coastal Conservancy - India Basin Shoreline Park Redevelopment Project - $5,500,000] Sponsors: Mayor; Walton and Mandelman Resolution authorizing the Recreation and Park Department to accept and expend a grant from the California State Coastal Conservancy in the amount of $5,500,000 for the India Basin Shoreline Park Redevelopment Project; approving the associated grant agreement for a term limit that is effective upon approval of this Resolution through December 31, 2027; and authorizing the Recreation and Park Department to enter into amendments or modifications to the agreement that do not materially increase the obligations or liabilities of the City and are necessary to effectuate the purposes of the Project or this Resolution. (Recreation and Park Department) Resolution No. 449-24 ADOPTED by the following vote:

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

Noes: None

240739 [Grant Agreement Amendment - Retroactive - Bay Area Community Resources, Inc. - COVID-Response Resource Hub Coordinator - Not to Exceed $14,779,999] Sponsor: Mayor Resolution retroactively approving Amendment No. 2 to a grant agreement between the Office of Economic and Workforce Development and Bay Area Community Resources, Inc., for management of the COVID-Response Resource Hub Coordinator grant; to increase the contract amount by $4,780,000 for a total not to exceed amount of $14,779,999 for the period of July 1, 2022, through June 30, 2025; effective upon approval of this Resolution; and to authorize the Executive Director of the Office of Economic and Workforce Development to enter into amendments or modifications to the contract prior to its final execution by all parties that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract. (Department of Economic and Workforce Development) (Fiscal Impact) Resolution No. 450-24 ADOPTED by the following vote:

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

Noes: None

240767 [Accept and Expend Grant - Retroactive - California Department of Public Health - Fentanyl Overdose Prevention Grant - $1,281,000] Sponsors: Mayor; Ronen and Mandelman Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,281,000 from the California Department of Public Health for participation in a program, entitled “Fentanyl Overdose Prevention Grant,” for the period of March 1, 2024, through February 28, 2027. (Public Health Department) Resolution No. 447-24 ADOPTED by the following vote:

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

Noes: None

240768 [Accept and Expend Grant - Retroactive - California Governor’s Office of Emergency Services - County Victim Services Program - $364,146] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $364,146 and the City providing matching funds in the amount of $91,037 for the grant period of January 1, 2024, through December 31, 2024, from the California Governor’s Office of Emergency Services for the County Victim Services Program. (District Attorney) Resolution No. 451-24 ADOPTED by the following vote:

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

Noes: None

240758 [Updating Infill Opportunity Zone for Congestion Management Planning] Sponsor: Mandelman Resolution updating the area designated as an Infill Opportunity Zone for Congestion Management Planning in the City and County of San Francisco under California Government Code, Section 65088 et seq. Resolution No. 452-24 ADOPTED by the following vote:

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

Noes: None

240749 [Liquor License Issuance - 65 Post Street - 7 Social] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to SR Visions, LLC, to do business as 7 Social located at 65 Post 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. 453-24 ADOPTED by the following vote:

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

Noes: None

240751 [Liquor License Issuance - 2801 Leavenworth Street - Reverb] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to Talldoor Entertainment LLC, to do business as Reverb located at 2801 Leavenworth 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. 454-24 ADOPTED by the following vote:

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

Noes: None

240834 [Appointment, Child Care Planning and Advisory Council - Delia Fitzpatrick] Motion appointing Delia Fitzpatrick, term ending September 14, 2026, to the Child Care Planning and Advisory Council. (Clerk of the Board) Motion No. M24-081 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

240818 [Intent to Expand Local Rent Control Protections] Sponsors: Peskin; Chan, Preston and Walton Resolution declaring the Board of Supervisors intent to expand local rent control protections to go into effect if the Costa-Hawkins Act is repealed via ballot measure on November 5, 2024. Supervisors Preston and Walton requested to be added as co-sponsors. Resolution No. 455-24 ADOPTED by the following vote:

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

Noes: None