Board of Supervisors Minutes: September 24, 2024

240470 [Administrative Code - Exempting Legacy Business Assistance Program from City Grant Requirements] Sponsor: Mandelman Ordinance amending the Administrative Code to exempt the Legacy Business Assistance Program from the grantmaking requirements under Administrative Code, Chapter 21G, and all other provisions in the Administrative, Labor and Employment, Environment, and Police Codes imposing obligations or other restrictions on contractors. (Office of Small Business) Supervisor Mandelman requested to take sponsorship of this matter. Ordinance No. 232-24 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

240636 [Administrative Code - Use of Unassisted Aerial Vehicles] Sponsors: Mayor; Dorsey, Mandelman and Engardio Ordinance approving the Police Department’s inventory and policy relating to the use of unassisted aerial vehicles, or drones, and making findings consistent with the criteria in State law. (Police Department) (Supervisors Ronen and Walton voted No on First Reading.) Ordinance No. 233-24 FINALLY PASSED by the following vote:

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

Noes: Ronen, Walton

Agriculture’s Forest Service - $12,000,000] Sponsors: Mayor; Mandelman and Peskin Ordinance retroactively authorizing the Department of Public Works to accept and expend a grant in the amount of $12,000,000 from the Urban and Community Forest Program of the United States Department of Agriculture’s Forest Service to fund the Department of Public Works’ Justice, Jobs, and Trees Program, that will include tree planting, tree establishment, and urban forestry workforce development in disadvantaged communities for the period of July 1, 2024, through June 30, 2029; and retroactively amending Ordinance No. 167-24 (the Interim Annual Salary Ordinance for Fiscal Years 2024-2025 and 2025-2026 (File No. 240594)) and the Annual Salary Ordinance for Fiscal Years 2024-2025 and 2025-2026 (File No. 240596) to provide for the addition of one grant-funded position of Class 1312 Public Information Officer (FTE 1.0), one grant-funded position of Class 1823 Senior Administrative Analyst (FTE 1.0), and one grant-funded position of Class 3435 Urban Forestry Inspector (FTE 1.0) for the period of July 1, 2024, through June 30, 2029. (Public Works Department) PASSED ON FIRST READING by the following vote:

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

Noes: None

240840 [Appropriation - $30,500,000 of Certificates of Participation Refunding Proceeds and Operating Revenue - FY2024-2025] Sponsors: Mayor; Mandelman and Melgar Ordinance appropriating $30,500,000 consisting of $29,000,000 of one or more series of Certificates of Participation Series 2024A proceeds and $1,500,000 of projected parking revenues from operation of the Music Concourse Garage in the Recreation and Park Department (REC), and placing these funds on Controller’s Reserve pending the sale of the Certificates of Participation and acquisition of the Music Concourse Garage in Fiscal Year (FY) 2024-2025. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

240815 [Management Agreement Amendment - IMCO Parking, LLC - SFMTA Parking Garages and Lots - Not to Exceed $207,000,000] Sponsors: Mayor; Mandelman and Melgar Resolution approving a second amendment to the Management Agreement between the City and County of San Francisco and IMCO Parking, LLC, to add operation of the Music Concourse Garage to the contract scope of work including San Francisco Municipal Transportation Agency (SFMTA) parking garages and lots, and increase the contract amount by $27,000,000 for a new not to exceed amount of $207,000,000 with no change to the five year term of January 20, 2023, through January 19, 2028, effective upon approval of this Resolution. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 478-24 ADOPTED by the following vote:

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

Noes: None

240841 [Delegation of Approval Authority for Contracts with OCII for Transbay Project] Sponsors: Mayor; Mandelman, Melgar and Dorsey Ordinance delegating Board of Supervisors approval authority under Charter, Section 9.118(a), to the Department of Public Works to enter into and amend contracts with the Office of Community Investment and Infrastructure (“OCII”) for the Transbay Project; and authorizing the Department of Public Works to execute certain access agreements necessary to further the development of the Transbay Project. PASSED ON FIRST READING by the following vote:

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

Noes: None

240752 [Grant Agreement - Retroactive - San Francisco Unified School District - Student Success Fund - Not to Exceed $26,519,360] Resolution retroactively approving a grant agreement for Contract No. 1000032928 for the Student Success Fund between San Francisco Unified School District and the City and County of San Francisco, acting by and through its Department of Children, Youth and Their Families, for a total term of July 1, 2024, through June 30, 2025, and for a total not to exceed amount of $26,519,360. (Department of Children, Youth & Their Families) (Fiscal Impact) Privilege of the floor was granted unanimously to Maria Su, Executive Director, and Sherrice Dorsey-Smith (Department of Children, Youth and Their Families) who responded to questions raised throughout the discussion. Resolution No. 483-24 ADOPTED by the following vote:

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

Noes: None

240828 [Participation Agreement - Retroactive - Federal Centers for Medicare & Medicaid Services - Innovative Dementia Care Program - Anticipated Revenue to the City $3,500,000] Sponsor: Mandelman Resolution retroactively authorizing the San Francisco Department of Public Health (“DPH”) to enter into a Participation Agreement with the Federal Centers for Medicare & Medicaid Services to provide federal funding for an innovative dementia care program, for a term of 10 years and 26 days from June 5, 2024, through June 30, 2034, having anticipated revenue of $3,500,000 and authorizing DPH to make necessary, non-material changes to the agreement that DPH determines, in consultation with the City Attorney, are necessary to correct clerical and/or administrative errors, as long as those changes are consistent with this Resolution. (Public Health Department) Resolution No. 484-24 ADOPTED by the following vote:

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

Noes: None

240846 [Accept and Expend Grant - Retroactive - California Department of Insurance - Workers’ Compensation Insurance Fraud Program - $1,154,519] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $1,154,519 from the California Department of Insurance for the Workers’ Compensation Insurance Fraud Program, for the grant period of July 1, 2024, through June 30, 2025. (District Attorney) Resolution No. 485-24 ADOPTED by the following vote:

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

Noes: None

240851 [Setting Property Tax Rate and Establishing Pass-Through Rates for Residential Tenants - FY2024-2025] Sponsor: Chan Resolution levying property taxes at a combined rate of $1.17143563 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco County Office of Education, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District; and establishing pass-through rates per $100 of assessed value for residential tenants and based on tenancy commencement dates pursuant to Administrative Code, Chapter 37, for the Fiscal Year (FY) ending June 30, 2025. (Fiscal Impact) Resolution No. 486-24 ADOPTED by the following vote:

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

Noes: None

240801 [Public Works Code - Commemorative Plaque - Activists of Woodland Avenue; Fee Waiver] Sponsors: Mandelman; Chan, Preston, Peskin and Melgar Ordinance designating a portion of the sidewalk near the corner of Woodland Avenue at Parnassus Avenue as the site of a future commemorative plaque in honor of the former activists of Woodland Avenue (Jane Morrison, Jack Morrison, Diana Roosevelt Jaicks, Agar Jaicks); granting the Public Works Director authority to approve the installation of said plaque to be installed at said location following the Director’s review of all permit application materials and the approval of the plaque design by the Design Review Committee of the Arts Commission; waiving permit and inspection fees under the Public Works Code for the installation of the plaque; directing official acts in furtherance of this Ordinance, as defined herein; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Noes: None

4 [Various Codes - Greater Downtown Community Benefit District Master Permitting for Entertainment Activation Program] Sponsor: Peskin Ordinance amending the Administrative Code to establish the Greater Downtown Community Benefit District Master Permitting for Entertainment Activation Program (“Greater Downtown Activation Program”) to coordinate and streamline permitting for Community Benefit District-sponsored public events taking place at certain locations in the Greater Downtown Area, and to designate Greater Downtown Activation Program locations as Entertainment Zones to allow the off-site consumption of alcoholic beverages purchased at businesses within the Entertainment Zone during events; amending the Public Works Code to establish the requirements for the Greater Downtown Activation Program; amending the Fire Code to establish a new permit type for the Greater Downtown Activation Program; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. PASSED ON FIRST READING by the following vote:

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

Noes: None

240589 [Mayoral Appointment, Municipal Transportation Agency Board of Directors - Mike Chen] Motion approving the Mayor's nomination for the appointment of Mike Chen to the Municipal Transportation Agency Board of Directors, for a term ending March 1, 2025. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: May 30, 2024.) Motion No. M24-086 APPROVED by the following vote:

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

Noes: None

240820 [Appointments, Urban Forestry Council - Morgan Vaisset-Fauvel, Karla Nagy, Pamela Nagle, Edgar Xochitl Flores, Caroline Scanlan, Joshua Klipp, and Antonio Moreno] Motion appointing Morgan Vaisset-Fauvel (residency requirement waived), Karla Nagy, Pamela Nagle, Edgar Xochitl Flores, Caroline Scanlan (residency requirement waived), Joshua Klipp, and Antonio Moreno to the Urban Forestry Council, for the unexpired terms ending November 18, 2024, and terms beginning November 18, 2024, and ending November 18, 2026. (Rules Committee) Motion No. M24-087 APPROVED by the following vote:

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

Noes: None

240839 [Mayoral Appointment, Public Works Commission - Eleanor Blume] Motion approving the Mayor’s nomination for the appointment of Eleanor Blume to the Public Works Commission, for a term ending July 2, 2026. (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: September 3, 2024.) Motion No. M24-088 APPROVED by the following vote:

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

Noes: None

Utilities Commission); and Angela Calvillo, Clerk of the Board, and Victor Young, Assistant Clerk (Office of the Clerk of the Board). President Peskin was noted absent at 5:30 p.m. and for the remainder of the meeting. The matter was heard in closed session, no action was taken, and the hearing was filed. HEARD IN CLOSED SESSION City and County of San Francisco Page 810 Printed at 1:46 pm on 10/28/24 Board of Supervisors Meeting Minutes 9/24/2024 RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:58 p.m. The following Supervisors were noted present: Supervisors Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Ronen, Safai, Stefani, and Walton Appointment of President Pro Tempore At the request of President Peskin, Supervisor Walton assumed the chair, during the Closed Session, at 5:30 p.m. and for the remainder of the meeting. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Melgar, seconded by Supervisor Mandelman, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

Absent: Peskin

mbling together to obstruct the streets, sidewalks, highways, other public right-of-ways, off-street parking facilities, or private property in connection with a Vehicle Sideshow or preparations for such a sideshow; 3) prohibit persons from knowingly being present at a Vehicle Sideshow or preparations for such a sideshow for purposes of participating in the Vehicle Sideshow; 4) prohibit persons present at a Vehicle Sideshow or preparations for such a sideshow from interfering with official performance of law enforcement duties; 5) seize and impound vehicles used in a Vehicle Sideshow or preparations for such a sideshow, and under certain conditions sell the vehicles; and 6) make violations of these provisions a misdemeanor, subject to imprisonment and/or fine. Supervisor Mandelman requested to be added as a co-sponsor. President Peskin indicated to the Mayor's Office that the findings in the Ordinance should be amended at the next meeting to ensure they are accurate, true, and supported. Privilege of the floor was granted unanimously to Tom Paulino (Mayor’s Office) who affirmed proposed amendments would be provided at the next meeting. PASSED ON FIRST READING by the following vote:

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

Noes: None

City and County of San Francisco Page 811 Printed at 1:46 pm on 10/28/24 Board of Supervisors Meeting Minutes 9/24/2024 President Peskin Excused from Attendance Supervisor Mandelman, seconded by Supervisor Preston, moved that President Peskin be excused from attending today's meeting beginning at 6:00 p.m. and for the remainder of the meeting. The motion carried by the following vote:

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

Noes: None

Excused: Peskin

240778 [Affirming the General Plan Evaluation - Proposed 700 Indiana Street Project] Motion affirming the determination by the Planning Department that the proposed project at 700 Indiana Street is exempt from further environmental review under a General Plan Evaluation. (Clerk of the Board) Supervisor Walton, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion failed by the following vote:

Ayes: Ronen, Walton

Noes: Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Safai, Stefani

Excused: Peskin

Motion No. M24-089 Supervisor Dorsey, seconded by Supervisor Mandelman, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Walton

Excused: Peskin

240779 [Conditionally Reversing the General Plan Evaluation - Proposed 700 Indiana Street Project] Motion conditionally reversing the determination by the Planning Department that the proposed project at 700 Indiana Street is exempt from further environmental review, under a General Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Walton, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion failed by the following vote:

Ayes: Ronen, Walton

Noes: Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Safai, Stefani

Excused: Peskin

Supervisor Dorsey, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Walton

Excused: Peskin

240780 [Preparation of Findings to Reverse the General Plan Evaluation - Proposed 700 Indiana Street Project] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 700 Indiana Street is exempt from further environmental review under a General Plan Evaluation. (Clerk of the Board) Supervisor Walton, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion failed by the following vote:

Ayes: Ronen, Walton

Noes: Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Safai, Stefani

Excused: Peskin

Supervisor Dorsey, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Walton

Excused: Peskin

240915 [Appointment, Park, Recreation, and Open Space Advisory Committee - Helen Doyle] Motion appointing Helen Doyle, term ending February 1, 2026, to the Park, Recreation, and Open Space Advisory Committee (District 7). (Clerk of the Board) Motion No. M24-090 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Peskin, Preston

240911 [Saint Vincent de Paul School Day - September 27, 2024] Sponsor: Stefani Resolution declaring September 27, 2024, as "Saint Vincent de Paul School Day" in the City and County of San Francisco in commemoration of the school’s 100th anniversary. Resolution No. 489-24 ADOPTED by the following vote:

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

Noes: None

Excused: Peskin, Preston

240912 [Urging the Secretary of the Navy to Christen a Ship as the “U.S.S. Dianne Feinstein”] Sponsors: Stefani; Mandelman, Melgar, Safai, Dorsey, Ronen and Walton Resolution urging the Secretary of the Navy to christen a ship as the “U.S.S. Dianne Feinstein,” commemorating Senator Feinstein’s enduring contributions to San Francisco, the state of California, and the United States. Supervisors Mandelman, Melgar, Safai, Dorsey, Ronen, and Walton requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Eileen Mariano, granddaughter of Dianne Feinstein, who thanked the Board and expressed support of the Resolution. Resolution No. 490-24 ADOPTED by the following vote:

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

Noes: None

Excused: Peskin, Preston