Board of Supervisors Minutes: November 3, 2020

200951 [Administrative Code - Department of Public Health - Providing Staff for the Behavioral Health Commission] Sponsors: Stefani; Mar, Peskin, Mandelman, Yee, Walton, Haney and Safai Ordinance amending the Administrative Code to require the Department of Public Health to provide administrative staff to support the Behavioral Health Commission; to expand the membership criteria to conform to state law; and to reset all Commission member terms as of January 1, 2021, to be staggered so that no more than one-third of the members’ terms expire at one time. Ordinance No. 229-20 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201133 [Administrative Code - Health Care Requirements for Certain Employers at San Francisco International Airport] Sponsors: Mandelman; Walton, Mar, Haney, Peskin, Safai, Ronen, Preston and Fewer Ordinance amending the Administrative Code to require employers of employees covered by the Quality Standards Program at the San Francisco International Airport to provide family health insurance to such employees, or to make contributions on the employees’ behalf to an account established under Section 14.2 of the Administrative Code. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201090 [Apply for Grant Application - Retroactive - Centers for Disease Control and Prevention - Integrated HIV Surveillance and Prevention Programs for Health Departments - $7,008,377] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Department of Public Health to submit a one-year application for Calendar Year 2021 to continue to receive funding for the Integrated HIV Surveillance and Prevention Programs for Health Departments from the Center of Disease Control and Prevention, and requesting $7,008,377 in HIV prevention funding for San Francisco from January 1, 2021, through December 31, 2021. (Public Health Department) Resolution No. 523-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

200701 [Building Code, Environment Code - Mandating New Construction Be All-Electric] Sponsors: Mandelman; Preston, Mar, Haney and Walton Ordinance amending the Building Code to require new construction to utilize only electric power; amending the Environment Code to provide public hearings on implementation of all-electric requirements; adopting findings of local conditions under the California Health and Safety Code; 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. Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

vices from providing services to any restaurant without the restaurant’s express written agreement to receive such services; 5) requiring third-party food delivery services to terminate a service contract within 72 hours of receiving a notice requesting termination from a restaurant; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this Ordinance; and providing that the Ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. Supervisors Ronen, Preston, Yee, Mar, Fewer, and Haney requested to be added as co-sponsors. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 7, by adding ‘Covered establishment shall not include any restaurant that meets the definition of a formula retail use under Section 303.1 of the Planning Code.’ The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

taurants at 15% of an order total; 2) prohibiting delivery services from restricting such restaurants’ pricing; 3) prohibiting delivery services from charging such restaurants for telephone calls to the delivery service not resulting in any food or beverage order; 4) prohibiting delivery services from providing services to any such restaurants without the restaurant’s express written agreement to receive such services; 5) requiring delivery services to terminate a service contract with such restaurants within 72 hours of receiving a notice requesting termination; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this ordinance; and providing that the ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. Supervisor Peskin requested this Ordinance be DUPLICATED AS AMENDED. (See duplicated File No. 201256.) PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

ces from restricting such restaurants’ pricing; 3) prohibiting delivery services from charging such restaurants for telephone calls to the delivery service not resulting in any food or beverage order; 4) prohibiting delivery services from providing services to any such restaurants without the restaurant’s express written agreement to receive such services; 5) requiring delivery services to terminate a service contract with such restaurants within 72 hours of receiving a notice requesting termination; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this ordinance; and providing that the ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. (Duplicated from File No. 200398.) Supervisor Peskin, seconded by Supervisor Fewer, moved that this Ordinance be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

200900 [Liquor License Transfer - 321-323 Grant Avenue - Sool Bar] Resolution determining that the transfer of a Type-48 on-sale general public premises liquor license to Sool Partners, LLC, doing business as Sool Bar as part of Hotel 32one, located at 321-323 Grant Avenue (District 3), will serve the public convenience or necessity of the City and County of San Francisco; 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. 520-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

200971 [Liquor License Transfer - 553-561 Geary Street - Swig] Resolution determining that the transfer of a Type-48 on-sale general public premises liquor license to Electrocelt Promotions Inc., doing business as Swig at 553-561 Geary Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco; 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. 521-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

200991 [Liquor License Transfer - 3499 Mission Street - Grab & Eat] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Suhaila Yusuf Farhat, doing business as Grab & Eat located at 3499 Mission Street (District 9), will serve the public convenience or necessity of the City and County of San Francisco; 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. 522-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201022 [Liquor License Transfer - 2190 Union Street - Luke's Local] Resolution determining that the transfer of a Type-20 off-sale beer and wine liquor license to Luke's Local, Inc., doing business as Luke's Local located at 2190 Union Street (District 2), will serve the public convenience or necessity of the City and County of San Francisco; 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. 508-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201180 [Appointments, In-Home Supportive Services Public Authority - Sascha Bittner, Alexander Madrid, Daisy McArthur and Robin Wilson-Beattle] Motion appointing Sascha Bittner, term ending March 1, 2021, Alexander Madrid, term ending March 1, 2022, and Daisy McArthur and Robin Wilson-Beattle, terms ending March 1, 2023, to the In-Home Supportive Services Public Authority. (Rules Committee) Motion No. M20-161 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201181 [Appointments, Assessment Appeals Board No. 1 - Elizabeth Zareh, Diane Robinson and Richard Lee] Motion appointing Elizabeth Zareh, term ending September 6, 2021, and Diane Robinson and Richard Lee, terms ending September 4, 2023, to the Assessment Appeals Board No. 1. (Rules Committee) Motion No. M20-162 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201182 [Appointment, Assessment Appeals Board No. 3 - Jeffrey Lee] Motion appointing Jeffrey Lee, term ending September 4, 2023, to the Assessment Appeals Board No. 3. (Rules Committee) Motion No. M20-163 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Statutory Exemption by the Planning Department on August 20, 2020, in Planning Department Case No. 2020-007286ENV, for the proposed San Francisco Municipal Transportation Agency’s (SFMTA) COVID-19 Muni Bus Service Adjustments and Associated Stop, Street and Parking Changes - August 22, 2020 project. (Appellants: Justin A. Zucker of Reuben, Junius & Rose, LLP, on behalf of Safeway, Inc. (Filed September 14, 2020); David Pilpel (Filed September 21, 2020)) (Clerk of the Board) President Yee opened the public hearings and indicated a motion would be made to continue these matters to a future date. The President then inquired as to whether any individual wished to address the Board on the proposed continuances. Speaker; spoke on various concerns regarding the proposed continuances. There were no other speakers. President Yee closed public comment on the proposed continuances. Supervisor Fewer, seconded by Supervisor Safai, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201113 [Affirming the Statutory Exemption Determination - SFMTA - COVID-19 Muni Bus Service Adjustments and Associated Stop, Street, and Parking Changes] Motion affirming the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency's (SFMTA) COVID-19 Muni Bus Service Adjustments and Associated Stop, Street, and Parking Changes project is statutorily exempt from environmental review. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201114 [Conditionally Reversing the Statutory Exemption Determination - SFMTA - COVID-19 Muni Bus Service Adjustments and Associated Stop, Street, and Parking Changes] Motion conditionally reversing the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency's (SFMTA) COVID-19 Muni Bus Service Adjustments and Associated Stop, Street, and Parking Changes project is statutorily exempt from environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201115 [Preparation of Findings to Reverse the Statutory Exemption Determination - SFMTA - COVID-19 Muni Bus Service Adjustments and Associated Stop, Street, and Parking Changes] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency's (SFMTA) COVID-19 Muni Bus Service Adjustments and Associated Stop, Street, and Parking Changes project is statutorily exempt from environmental review. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

o the determination of exemption from environmental review under the California Environmental Quality Act issued as a Statutory Exemption by the Planning Department on August 20, 2020, in Planning Department Case No. 2020-007183ENV, for the proposed San Francisco Municipal Transportation Agency’s (SFMTA) COVID-19 Muni Rail Service Adjustments and Associated Street and Parking Changes - August 22, 2020, and Fall 2020 project. (Appellants: Justin A. Zucker of Reuben, Junius & Rose, LLP, on behalf of Safeway, Inc. (Filed September 14, 2020); David Pilpel (Filed September 21, 2020)) (Clerk of the Board) President Yee opened the public hearings and indicated a motion would be made to continue these matters to a future date. The President then inquired as to whether any individual wished to address the Board on the proposed continuances. Speaker; spoke on various concerns regarding the proposed continuances. There were no other speakers. President Yee closed public comment on the proposed continuances. Supervisor Fewer, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201117 [Affirming the Statutory Exemption Determination - SFMTA - COVID-19 Muni Rail Service Adjustments and Associated Street and Parking Changes] Motion affirming the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency's (SFMTA) COVID-19 Muni Rail Service Adjustments and Associated Street and Parking Changes project is statutorily exempt from environmental review. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201118 [Conditionally Reversing the Statutory Exemption Determination - SFMTA - COVID-19 Muni Rail Service Adjustments and Associated Street and Parking Changes] Motion conditionally reversing the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency's (SFMTA) COVID-19 Muni Rail Service Adjustments and Associated Street and Parking Changes project is statutorily exempt from environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201119 [Preparation of Findings to Reverse the Statutory Exemption Determination - SFMTA - COVID-19 Muni Rail Service Adjustments and Associated Street and Parking Changes] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency's (SFMTA) COVID-19 Muni Rail Service Adjustments and Associated Street and Parking Changes project is statutorily exempt from environmental review. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201054 [Emergency Ordinance - Grocery Store, Drug Store, Restaurant, and On-Demand Delivery Service Employee Protections] Sponsors: Haney; Safai Reenactment of emergency ordinance (Ordinance No. 74-20) to temporarily require grocery store, drug store, restaurant, and on-demand delivery service employers to provide health and scheduling protections to employees during the public health emergency related to COVID-19. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Supervisor Safai requested to be added as a co-sponsor. Ordinance No. 230-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

201087 [Emergency Ordinance - Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic] Sponsor: Mar Reenactment of emergency ordinance (Ordinance No. 104-20, reenacted by Ordinance No. 159-20) to temporarily create a right to reemployment for certain employees laid off due to the COVID-19 pandemic if their employer seeks to fill the same position previously held by a laid-off worker, or a substantially similar position, as defined. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Ordinance No. 231-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Walton, Yee

Noes: Stefani

201215 [Final Map No. 10139 - 901-911 Union Street] Motion approving Final Map No. 10139, a six residential unit condominium project, located at 901-911 Union Street, being a subdivision of Assessor’s Parcel Block No. 0120, Lot No. 001; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-166 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee