Board of Supervisors Minutes: March 9, 2021

210112 [Settlement of Lawsuit - Maurice Caldwell - $2,500,000] Ordinance authorizing entry of Judgment, pursuant to Federal Rule of Civil Procedure 68, in favor of Plaintiff Maurice Caldwell, and against the City and County of San Francisco, in the amount of $2,500,000 in settlement of the lawsuit filed on April 16, 2012, in United States District Court, Case No. 12-cv-1892 DMR, entitled Maurice Caldwell v. City and County of San Francisco, et al; the lawsuit alleges fabrication of evidence and wrongful conviction. (City Attorney) Ordinance No. 035-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210030 [Building Code - Fee Waiver for Accessory Dwelling Units] Sponsors: Mar; Melgar, Chan and Haney Ordinance amending the Building Code to waive specified fees for certain accessory dwelling unit projects through June 30, 2023; requiring the Department of Building Inspection to annually report on such waivers; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Ordinance No. 031-21 FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: None

Excused: Safai

210031 [Appropriation - General Reserve - Department of Building Inspection - Accessory Dwelling Unit Permit Services - $165,000 - FY2020-2021] Sponsor: Mar Ordinance appropriating $165,000 from the General Reserve in the Department of Building Inspection to provide Accessory Dwelling Unit permit services in Fiscal Year (FY) 2020-2021. Ordinance No. 032-21 FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: None

Excused: Safai

210084 [Real Property Lease Amendment - Sum M. Seto Properties, LLC and Jenny P. Seto Properties, LLC - 1421 Broderick Street - $372,510 Per Year in Base Rent] Sponsor: Mayor Resolution approving and authorizing the Director of Property, on behalf of the Department of Public Health and Sum M. Seto Properties, LLC, and Jenny P. Seto Properties, LLC, to amend the lease of real property for its 33-bed, licensed treatment facility located at 1421 Broderick Street at a base rent of $372,510 per year with annual rent increases of 3%, and to extend the Lease expiring on January 31, 2021, through January 31, 2024, to commence upon approval of this Resolution by the Board of Supervisors; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the Amendment, the Lease and this Resolution, as defined herein. (Real Estate Department) (Fiscal Impact) Privilege of the floor was granted unanimously to Kelly Hiramoto (Department of Public Health) who responded to questions raised throughout the discussion. Resolution No. 110-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

88 [Administrative Code - Protections for Occupants of Residential Hotels During COVID-19 Pandemic] Sponsors: Peskin; Preston, Mandelman, Chan, Mar, Safai and Walton Ordinance amending the Administrative Code to establish protections for occupants of residential hotels (“SRO Residents”) during the COVID-19 pandemic by, among other things: making it City policy to place in solitary hotel rooms SRO residents who meet the criteria for isolation or quarantine established by the County Health Officer, and requiring the Department of Public Health to post a notice in the common area and notify the operator of a residential hotel when an SRO Resident has tested positive for COVID-19, to facilitate contract tracing, testing for COVID-19, and cleaning; establish a telephone hotline for SRO Residents, to respond to questions about accessing COVID-19 health screenings, testing, and solitary hotel rooms; and provide daily aggregate data concerning the incidence of COVID-19 among SRO Residents, access to quarantine rooms by such residents, and the number of such residents who have died due to complications from COVID-19. (Fiscal Impact) Ordinance No. 030-21 FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

200947 [Administrative Code Waivers - SFMTA Potrero Yard Modernization Project - Project Delivery Procedure] Sponsors: Mayor; Walton Ordinance authorizing the San Francisco Municipal Transportation Agency to exempt certain design, construction, finance, maintenance, asset management, and related agreements for the development of the Potrero Yard Modernization Project, located at 2500 Mariposa Street, from Chapters 6, 14B, and 21 of the Administrative Code, but requiring the payment of prevailing wages, implementation of a local business enterprise utilization program, and compliance with the City’s local hire policy and first source hiring ordinance, as applicable to such agreements, and permitting a best-value selection of the developer team if the City elects to proceed with the Project after completing its review under the California Environmental Quality Act. (Fiscal Impact) Privilege of the floor was granted unanimously to Rafe Rabalais and Licinia Iberri (Municipal Transportation Agency) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

200934 [Agreement Amendment - HDR Engineering, Inc. - Construction Management Staff Augmentation Services for the New Headworks Facility Project - Not to Exceed $27,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 1 to the New Headworks Facility Construction Management Staff Augmentation Services Agreement PRO.0028, for continued construction management staff augmentation services for the New Headworks Facility Project between the City and County of San Francisco and HDR Engineering, Inc., increasing the agreement by $10,000,000 for a total not to exceed amount of $27,000,000 and with a time extension of one year, for a total term of seven years, from June 12, 2017, through June 14, 2024, subject to the Board of Supervisors approval pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 102-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201179 [Agreement Amendment - Retroactive - AT&T Corporation - Telecommunications Services - Total Not to Exceed $140,695,756] Resolution retroactively authorizing the Department of Technology to enter into the Fifth Amendment of an Agreement between the City and County of San Francisco and AT&T Corporation, to extend the term of the agreement by one year for a total term of February 26, 2010, through December 31, 2021, and to increase the not to exceed amount of the agreement by $18,266,199 for a total amount of $140,695,756 pursuant to Charter, Section 9.118. (Department of Technology) (Fiscal Impact) Resolution No. 103-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201427 [Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - Vehicle Acquisition - $636,363.64] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $636,363.64 from the Federal Emergency Management Agency to purchase four mini-pumper apparatus, for the performance period of August 6, 2020, through August 5, 2021, and waiving indirect costs. (Fire Department) Resolution No. 106-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210079 [Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - Personal Protective Equipment - $883,145.45] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $883,145.45 from the Federal Emergency Management Agency to purchase personal protective equipment, for the performance period of June 26, 2020, through June 25, 2021, and waiving indirect costs. (Fire Department) Resolution No. 109-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210144 [Accept and Expend Grant - Retroactive - Kaiser Permanente - Adoption of Enterprise Electronic Health Record System - $4,545,455] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $4,545,455 from Kaiser Permanente through the San Francisco General Hospital Foundation to participate in a program, entitled “Adoption of Enterprise Electronic Health Record System,” for the period of November 1, 2019, through October 31, 2021. (Public Health Department) Resolution No. 114-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

200660 [Zoning Map - Rezoning of 118-134 Kissling Street] Ordinance amending the Planning Code by revising Zoning Map Sheet No. ZN07 to rezone Assessor’s Parcel Block No. 3516, Lot Nos. 039, 040, 041, and 042 (118-134 Kissling Street), from Residential Enclave District to Residential Enclave District - Mixed; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210015 [Building Code - Expanded Compliance Control and Consumer Protections Where History of Significant Violations] Sponsors: Ronen; Peskin, Haney, Preston, Melgar, Mandelman, Mar, Stefani, Chan, Walton and Safai Ordinance amending the Building Code to implement expanded compliance control and consumer protection provisions for projects, individuals, agents, and entities with a history of significant violations; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Mandelman, Mar, Stefani, Chan, Walton, and Safai requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201422 [Urging Departments to Create a Permanent Shared Spaces Program] Sponsors: Haney; Mar and Ronen Resolution urging the Office of Economic and Workforce Development, Planning Department, Municipal Transportation Agency, Public Works, Fire Department, and Recreation and Park Department to develop a proposal for a permanent Shared Spaces Program; and affirming the Board of Supervisors’ support for creating a permanent version of the program. Supervisors Mar and Ronen requested to be added as co-sponsors. Supervisor Haney, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 15, by adding ‘addressing accessibility for people with disabilities’; and on Page 5, Line 1, by changing ‘June 1, 2021’ to ‘June 30, 2021’. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Resolution No. 105-21 ADOPTED AS AMENDED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210087 [Initiating Landmark Designation - 2750-19th Avenue - Trocadero Clubhouse - Approval of 90-Day Extension for Historic Preservation Commission Review] Sponsors: Mar; Melgar, Peskin, Preston, Chan and Mandelman Resolution initiating a landmark designation under Article 10 of the Planning Code for the Trocadero Clubhouse in Sigmund Stern Recreation Grove located at 2750-19th Avenue; and extending the prescribed time within which the Historic Preservation Commission may render it’s decision by 90 days, for a total of 180 days. Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 111-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201418 [Liquor License Transfer - 5299 3rd Street - Gratta Wines] Resolution determining that the transfer of a Type-20 off-sale beer and wine liquor license to Barbara Jean Gratta, doing business as Gratta Wines, located at 5299 3rd Street (District 10), 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. (Public Safety and Neighborhood Services Committee) Resolution No. 104-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201426 [Liquor License Transfer - 5601 Geary Boulevard - Mainland Market & Produce] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Dakhaz, Inc., doing business as Mainland Market & Produce, located at 5601 Geary Boulevard (District 1), 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. 107-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210018 [Urging the City and County of San Francisco to Support and/or Fund SFUSD Class of 2021 Senior Activities] Sponsors: Safai; Haney and Melgar Resolution urging the Board of Supervisors to save San Francisco Unified School District (SFUSD) Senior Class of 2021 activities by providing support, funds and/or City resources; and, if allowable under current health orders, to be made available to SFUSD Seniors for senior specific activities. Supervisors Haney and Melgar requested to be added as co-sponsors. Resolution No. 108-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Preston, Ronen, Safai, Stefani, Walton

Noes: Peskin

210121 [Supporting California Assembly Constitutional Amendment 3 (Kamlager) - Involuntary Servitude] Sponsors: Haney; Walton, Mar, Stefani, Preston, Mandelman and Safai Resolution supporting Assembly Constitutional Amendment 3, authored by Assembly Member Sydney Kamlager, and denouncing structural racism and any vestiges of slavery. Supervisors Preston, Mandelman, and Safai requested to be added as co-sponsors. Resolution No. 112-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210013 [Appointments, Immigrant Rights Commission - Sarah Souza, Lucia Obregon Matzer, Jessy Ruiz Navarro, Haregu Gaime, Ryan Khojasteh, Luis Zamora, and Elahe Enssani] Motion appointing Sarah Souza and Lucia Obregon Matzer, terms ending June 6, 2021, and Jessy Ruiz Navarro (residency requirement waived), Haregu Gaime (residency requirement waived), Ryan Khojasteh, Luis Zamora (residency requirement waived), and Elahe Enssani, terms ending June 6, 2022, to the Immigrant Rights Commission. (Rules Committee) Supervisor Peskin requested the question be DIVIDED to consider the appointment of Sarah Souza separately. SUPERVISOR PESKIN EXCUSED FROM VOTING Supervisor Safai, seconded by Supervisor Ronen, moved to excuse Supervisor Peskin from voting on the divided question to consider the appointment of Sarah Souza. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Excused: Peskin

Motion No. M21-039 The divided question to consider the appointment of Sarah Souza was APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Excused: Peskin

Motion No. M21-039 The remaining balance of the question was APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210073 [Mayoral Appointment, Police Commission - Larry Yee] Motion approving the Mayor’s nomination for the appointment of Larry Yee to the Police Commission, for a term ending April 30, 2022. (Clerk of the Board) (Charter, Section 4.109, 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 dates: January 25, 2021 and February 24, 2021.) Motion No. M21-040 APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210181 [Emergency Ordinance - COVID-Related Hazard Pay] Sponsors: Walton; Haney, Preston, Ronen, Safai, Chan, Mar and Melgar Emergency ordinance to temporarily require certain grocery stores, retail locations that include pharmacies, and property service contractors for grocery stores and retail locations that include pharmacies to pay employees an additional five dollars per hour during the public health emergency related to COVID-19. (Economic Impact; No Economic Impact Report) (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 Melgar requested to be added as a co-sponsor. Supervisor Walton, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 3, by striking ‘grocery stores’, Line 4, by adding ‘grocery stores or’, and Line 5, by striking ‘grocery stores and’ and adding ‘grocery stores or’. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

City and County of San Francisco Page 196 Printed at 2:41 pm on 4/9/21 Board of Supervisors Meeting Minutes 3/9/2021 Emergency ordinance to temporarily require certain retail locations that include grocery stores or pharmacies, and property service contractors for retail locations that include grocery stores or pharmacies to pay employees an additional five dollars per hour during the public health emergency related to COVID-19. (Economic Impact; No Economic Impact Report) (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage) FINALLY PASSED AS AMENDED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201186 [Police Code - Grocery Store, Drug Store, Restaurant, and On-Demand Delivery Service Worker Protections] Sponsors: Haney; Walton, Peskin, Safai, Chan, Mar, Ronen, Preston and Mandelman Ordinance amending the Police Code to require grocery store, drug store, restaurant, and on-demand delivery service employers to provide health and scheduling protections related to COVID-19 to workers; and to sunset an emergency ordinance with similar requirements. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Recommendation of the Rules Committee Supervisor Mandelman Excused from Voting Supervisor Peskin, seconded by Supervisor Melgar, moved that Supervisor Mandelman be excused from voting on File No. 210208. The motion carried by the following vote:

Ayes: Chan, Haney, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Excused: Mandelman

210208 [Appointment, Transbay Joint Powers Authority - Supervisor Rafael Mandelman] Motion appointing Supervisor Rafael Mandelman, for an indefinite term, to the Transbay Joint Powers Authority. (Clerk of the Board) Motion No. M21-041 APPROVED by the following vote:

Ayes: Chan, Haney, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Excused: Mandelman

210229 [Committee of the Whole - Public Health Officer - April 6, 2021, at 3:00 p.m.] Sponsor: Walton Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on April 6, 2021, at 3:00 p.m., during the Regular Board of Supervisors Meeting, to hold a public hearing to consider the appointment of a Public Health Officer. Motion No. M21-042 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210234 [Authorizing Construction of an Observation Wheel Structure in Golden Gate Park] Sponsors: Peskin; Chan Resolution retroactively approving, pursuant to Charter, Section 4.113, construction of an observation wheel structure in Golden Gate Park for a term starting February 28, 2020, and lasting for one year following the current permit expiration term, until February 7, 2022, with full removal required by March 15, 2022. (Pursuant to Charter, Section 4.113, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Resolution be REFERRED to the Rules Committee. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210231 [Committee of the Whole - Emergency Ordinance - COVID-Related Hazard Pay - March 9, 2021, at 3:00 p.m.] Sponsor: Walton Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on March 9, 2021, at 3:00 p.m., during the Regular Board of Supervisors Meeting, to consider a proposed Emergency Ordinance (File No. 210181) requiring certain stores to temporarily pay COVID-related hazard pay. Motion No. M21-038 APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210228 [Endometriosis Awareness Month - March] Sponsors: Walton; Ronen, Safai, Haney, Chan, Preston, Mandelman and Mar Resolution recognizing every March as “Endometriosis Awareness Month” in the City and County of San Francisco. Supervisors Preston, Mandelman, and Mar requested to be added as co-sponsors. Supervisor Walton, seconded by Supervisor Melgar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 12-13, by changing ‘an inflammatory condition where endometrial tissue, tissue similar to the lining of the uterus, but not the same, grows outside of the uterus’ to ‘a chronic, inflammatory disease characterized by the presence of endometrial-like tissue found outside the uterus in other areas of the body’. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Resolution No. 119-21 ADOPTED AS AMENDED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None