Board of Supervisors Minutes: April 6, 2021

210216 [Administrative Code - Health Care Requirements for Certain Employers at San Francisco International Airport] Sponsors: Mandelman; Walton and Safai Ordinance amending the Administrative Code to allow contracting parties that offer multiple health benefit plans at the San Francisco International Airport to charge covered employees a limited share of premium costs on more expensive plans, to clarify who must be covered by health benefit plans that are offered, and to adjust the date by which such health benefit plans must be in effect. Supervisor Safai requested to be added as a co-sponsor. Ordinance No. 051-21 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

210324 [Appropriation - Property Tax Revenue - $15,000,000 to the Department of Children, Youth and Their Families - Youth Learning Initiatives - FY2020-2021] Sponsors: Mayor; Stefani, Walton, Ronen, Haney, Safai, Mandelman, Mar, Melgar and Chan Ordinance appropriating $15,000,000 of property tax revenue to the Department of Children Youth and Their Families for Youth Learning Initiatives in Fiscal Year (FY) 2020-2021. (Fiscal Impact) Privilege of the floor was granted unanimously to Maria Su, Director (Department of Children, Youth and Their Families), and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisors Mar and Melgar 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

210177 [Appropriation - Property Tax Revenue $89,900,000 - Various Departments - Small Businesses, Arts and Cultural Organizations, and Families Relief for COVID-19 and Overdose Prevention - De-appropriation - Business Fee Revenue - $28,200,000 - FY2020-21] Sponsors: Mayor; Stefani, Walton, Ronen, Haney, Safai, Mandelman and Mar Ordinance appropriating $89,900,000 of property tax revenue to the Office of Economic and Workforce Development, General Services Agency-City Administrator, Arts Commission, Children Youth and Their Families, Public Health, and General City Responsibility to provide relief to small businesses, including for small businesses impacted by property crime, Grants for the Arts, Arts Impact Endowment, Cultural Centers, Cultural Equity Endowment, Cultural Districts, Youth Learning Initiatives, San Francisco Unified School District and City College Dual Enrollment Programs, overdose prevention, and support for family relief struggling as a result of COVID-19, de-appropriating $28,200,000 of business fee revenue, and placing $6,520,705 on reserve in FY 2020-21. (Fiscal Impact) Ordinance No. 044-21 FINALLY PASSED by the following vote:

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

Noes: None

200830 [Police Code - Right to Reemployment Following Layoff Due to COVID-19 Pandemic] Sponsor: Mar Ordinance amending the Police Code to 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 the laid-off employee, or a substantially similar position, and to reasonably accommodate employees who cannot work because of a family care hardship. (Supervisor Stefani dissented in Committee.) Ordinance No. 046-21 FINALLY PASSED by the following vote:

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

Noes: Stefani

210226 [Accept and Expend In-Kind Grant - KABOOM! - Nature Playspace - Valued at $204,000] Sponsor: Walton Resolution authorizing the Recreation and Park Department to accept and expend an in-kind grant valued at $204,000 from KABOOM! for the design and construction of a nature playspace at Heron’s Head Park, to commence upon Board approval. (Recreation and Park Department) Privilege of the floor was granted unanimously to Daliah Khoury (Recreation and Park Department) who responded to questions raised throughout the discussion. Resolution No. 142-21 ADOPTED by the following vote:

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

Noes: None

210262 [Agreement - Creative Bus Sales, Inc. - Procurement of Low Floor Diesel-Hybrid Coaches - Not to Exceed $26,071,700] Sponsors: Melgar; Safai Resolution approving an agreement with Creative Bus Sales, Inc. to procure 30 32-foot, low floor, diesel-hybrid buses and related tools, training, manuals, and spare parts through a procurement by the State of Georgia, in an amount not to exceed $26,071,700 and for a term not to exceed six years to commence following Board approval. (Municipal Transportation Agency) (Fiscal Impact) Privilege of the floor was granted unanimously to Jeffrey Tumlin (Municipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 143-21 ADOPTED by the following vote:

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

Noes: None

201326 [Planning Code - Chinatown Mixed Use Districts] Sponsors: Mayor; Peskin, Safai and Chan Ordinance amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use Districts; 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 and convenience under Planning Code, Section 302. Supervisor Safai requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

201283 [Police Code - Gun Violence Restraining Orders] Sponsors: Stefani; Mar, Haney, Mandelman and Safai Ordinance amending the Police Code to require peace officers who request a temporary emergency gun violence restraining order to serve and file a copy with the court as specified and to apply the California Penal Code provision penalizing violations of different types of gun violence restraining orders under California law to persons who are subject to parallel gun violence restraining orders issued by an out-of-state jurisdiction. Supervisors Mandelman 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

210109 [Liquor License - 496-14 Street - Bar Part Time] Resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Bar Part Time, LLC, doing business as Bar Part Time, located at 496-14 Street (District 8), 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. 137-21 ADOPTED by the following vote:

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

Noes: None

210111 [Liquor License Transfer - 845 Market Street - Bloomingdale's] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Bloomingdale's Inc., doing business as Bloomingdale's, located at 845 Market 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. 138-21 ADOPTED by the following vote:

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

Noes: None

210140 [Administrative, Campaign and Governmental Conduct Codes - Office of the Chief Medical Examiner] Sponsor: Peskin Ordinance amending the Administrative Code and Campaign and Governmental Conduct Code to establish the position of Executive Director of the Office of Chief Medical Examiner, and to establish a division of responsibilities in that Office between the Executive Director and the Chief Medical Examiner. PASSED ON FIRST READING by the following vote:

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

Noes: None

210244 [Mayoral Appointment, Treasure Island Development Authority Board of Directors - LaShawndra Price-Breston] Motion approving the Mayor's nomination for appointment of LaShawndra Price-Breston to the Treasure Island Development Authority Board of Directors, for a term ending April 28, 2022. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are not City Officers are effective upon the approval of a majority vote (6 votes) of the Board of Supervisors. Transmittal Date: March 4, 2021.) Motion No. M21-056 APPROVED by the following vote:

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

Noes: None

210147 [Interim Zoning Controls - Extending and Modifying Requirements for Conditional Use Authorization for Conversion of Residential Care Facilities to Other Uses] Sponsors: Mandelman; Ronen, Safai and Melgar Resolution extending for six months and modifying interim zoning controls enacted in Resolution Nos. 430-19 and 539-19 to require a Conditional Use Authorization and specified findings for a proposed change of use from a Residential Care Facility; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Melgar requested to be added as a co-sponsor. Resolution No. 139-21 ADOPTED by the following vote:

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

Noes: None

210223 [Commemorative Street Plaques - Historical Markers - LEATHER & LGBTQ Cultural District Leather History Cruise] Sponsors: Haney; Ronen, Peskin, Preston, Chan, Mandelman and Safai Resolution authorizing the placement of the LEATHER & LGBTQ Cultural District Leather History Cruise plaques, to be installed on the sidewalks at various historic locations within and near the Cultural District in the area bounded by Brannon Street, Third Street, Mission Street, Twelfth Street and Division Street; and initiating the process set forth in Public Works Code, Sections 789 et seq., to provide for the creation of a program for and installation of commemorative plaques on the Leather History Cruise. Supervisors Chan, Mandelman, and Safai requested to be added as co-sponsors. Resolution No. 141-21 ADOPTED by the following vote:

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

Noes: None

210292 [Urging Prioritization of Small Property Owners and Affordable Housing Providers in the Distribution of Rent Relief Funds] Sponsors: Chan; Ronen, Mar, Walton, Preston and Peskin Resolution urging the Mayor’s Office of Housing and Community Development to prioritize small property owners and affordable housing providers in the distribution of rent relief funds through speedy review and approval timelines, technical assistance, high-quality customer service, and in-language support to non-English speakers; urging large corporate landlords to voluntarily reserve these funds for small property owners and affordable-housing providers; and requesting a monthly report from the Mayor’s Office of Housing and Community Development on the amount of federal rent relief funds received by each landlord in San Francisco. Resolution No. 144-21 ADOPTED by the following vote:

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

Noes: None

210297 [Appointments, Office of Early Care and Education Citizens' Advisory Committee - Monica Walters, Sara Hicks-Kilday, Patricia Sullivan, and June Lin-Arlow] Motion appointing Monica Walters (residency requirement waived) and Sara Hicks-Kilday (residency requirement waived), terms ending May 1, 2022, and Patricia Sullivan and June Lin-Arlow, terms ending May 1, 2023, to the Office of Early Care and Education Citizens' Advisory Committee. (Rules Committee) Motion No. M21-057 APPROVED by the following vote:

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

Noes: None

m. to convene in closed session pursuant to the Motion contained in File No. 210325, approved on April 6, 2021. CONVENED IN CLOSED SESSION The following Members were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Persons in attendance: Jon Givner and Jeremy Goldman, Deputy City Attorneys (Office of the City Attorney); Christina Goette (Department of Public Health); and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. HEARD IN CLOSED SESSION RECONVENED AS THE BOARD OF SUPERVISORS The Board of Supervisors reconvened at the hour of 7:05 p.m. The following Members of the Board of Supervisors were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton [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 Safai, seconded by Supervisor Peskin, moved not to disclose the Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

210325 [Closed Session - Existing Litigation - American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association - April 6, 2021] Sponsor: Walton Motion that the Board of Supervisors convene in closed session on April 6, 2021, pursuant to California Government Code, Section 54956.9(a), and Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding the existing litigation in which the City is a defendant and appellee, American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association v. City and County of San Francisco, Northern District of California Case No. 3:15-cv-03415 EMC, filed on July 24, 2015. Motion No. M21-058 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

210313 [Supporting California State Assembly Bill No. 43 (Friedman) - Traffic Safety] Sponsors: Chan; Preston, Ronen, Mandelman, Haney, Melgar, Mar and Safai Resolution supporting Assembly Bill No. 43, authored by Assembly Member Laura Friedman, and co-authored by Assembly Members Phil Ting, David Chiu, and Bill Quirk, and co-authored by Assembly Member Tasha Boerner Horvath, which would implement policy recommendations from the California Transportation Agency as outlined in the Zero Traffic Fatalities Task Force by providing for more flexibility on setting speed limits based on safety. Supervisors Mandelman, Haney, Melgar, Mar, and Safai requested to be added as co-sponsors. Resolution No. 145-21 ADOPTED by the following vote:

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

Noes: None

210318 [Supporting California State Assembly Bill No. 854 (Lee) - Ellis Act Reform] Sponsors: Safai; Walton, Mandelman, Chan, Peskin, Haney, Ronen, Mar, Melgar and Preston Resolution urging support for California State Assembly Bill No. 854, authored by Assembly Member Alex Lee, and co-authored by Assembly Members David Chiu, Richard Bloom, and Phil Ting, which creates Ellis Act Reform by imposing a five year holding period before the Ellis Act can be used. Sueprvisors Chan, Peskin, Haney, Ronen, Mar, Melgar, and Preston requested to be added as co-sponsors. Resolution No. 150-21 ADOPTED by the following vote:

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

Noes: None

210319 [Denouncing the Article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer of the Japanese Legal Studies at Harvard Law School] Sponsors: Walton; Melgar, Peskin, Safai, Mandelman, Ronen, Haney and Mar Resolution denouncing the article, “Contracting for Sex in the Pacific War,” written by J. Mark Ramseyer, of the Japanese Legal Studies at Harvard Law School, which denies the history of sexual enslavement of the hundreds of thousands of women by the Japanese Imperial Army during the Pacific War. Supervisors Ronen, Haney, and Mar requested to be added as co-sponsors. Supervisor Chan requested to be removed as a co-sponsor. Resolution No. 151-21 ADOPTED by the following vote:

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

Noes: None