# Board of Supervisors Minutes: April 6, 2021 - Meeting date: 2021-04-06 - Document type: minutes - Pages in official PDF: 29 - [Canonical HTML transcript](https://sfbos.info/documents/758/2021-04-06-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=855712&GUID=A52DBA25-0AEC-494B-8CC4-FE4E080E6206) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 210028: Appropriation - Refunding General Obligation Bond Proceeds - $220,000,000 - FY2020-2021 - Pages: 3-4 ### File 201364: Appropriation - Property Tax Revenue $20,100,000 - Mayor’s Office of Housing and Community Development - $10,050,000 for Rent Relief - $10,050,000 for Social Housing - FY2020-2021 - Pages: 4 ### File 210138: Business Registration Fee - Weights and Measures and Point of Sale Station Fees - Pages: 4-5 ### File 210160: Settlement of Lawsuit - Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen - $30,000 - Pages: 5 ### File 210206: Settlement of Lawsuit - Jose Parra - $115,000 - Pages: 5 ### File 210207: Settlement of Unlitigated Claim - Sharon Eastman - $99,000 - Pages: 5-6 ### File 201175: Administrative Code, Planning Code - Technical Corrections; Amendments to Various Central South of Market Area Zoning Provisions - Pages: 6 ### File 210142: Administrative Code - Composition and Sunset Date of Family Violence Council - Pages: 6 ### File 210216: Administrative Code - Health Care Requirements for Certain Employers at San Francisco International Airport - Pages: 6-7 - Vote 1: final-passage, likely final - Action: 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 ### File 210324: Appropriation - Property Tax Revenue - $15,000,000 to the Department of Children, Youth and Their Families - Youth Learning Initiatives - FY2020-2021 - Pages: 7-8 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 8 - Vote 1: final-passage, likely final - Action: 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 ### File 200830: Police Code - Right to Reemployment Following Layoff Due to COVID-19 Pandemic - Pages: 8-9 - Vote 1: final-passage, likely final - Action: 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 ### File 210226: Accept and Expend In-Kind Grant - KABOOM! - Nature Playspace - Valued at $204,000 - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 210262: Agreement - Creative Bus Sales, Inc. - Procurement of Low Floor Diesel-Hybrid Coaches - Not to Exceed $26,071,700 - Pages: 9-10 - Vote 1: adoption, likely final - Action: 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 ### File 201326: Planning Code - Chinatown Mixed Use Districts - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 201283: Police Code - Gun Violence Restraining Orders - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 210109: Liquor License - 496-14 Street - Bar Part Time - Pages: 10-11 - Vote 1: adoption, likely final - Action: 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 ### File 210111: Liquor License Transfer - 845 Market Street - Bloomingdale's - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 210140: Administrative, Campaign and Governmental Conduct Codes - Office of the Chief Medical Examiner - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 210244: Mayoral Appointment, Treasure Island Development Authority Board of Directors - LaShawndra Price-Breston - Pages: 11 - Vote 1: approval, likely final - Action: 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 ### File 210230: Hearing - Committee of the Whole - Public Health Officer - April 6, 2021, at 3:00 p.m. - Pages: 12 ### File 210147: Interim Zoning Controls - Extending and Modifying Requirements for Conditional Use Authorization for Conversion of Residential Care Facilities to Other Uses - Pages: 12-13 - Vote 1: adoption, likely final - Action: 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 ### File 210223: Commemorative Street Plaques - Historical Markers - LEATHER & LGBTQ Cultural District Leather History Cruise - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 210292: Urging Prioritization of Small Property Owners and Affordable Housing Providers in the Distribution of Rent Relief Funds - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 210297: Appointments, Office of Early Care and Education Citizens' Advisory Committee - Monica Walters, Sara Hicks-Kilday, Patricia Sullivan, and June Lin-Arlow - Pages: 13 - Vote 1: approval, likely final - Action: 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 ### File 210326: Closed Session - Existing Litigation - American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association - April 6, 2021 - Pages: 15-16 - Vote 1: other - Action: 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 ### File 210314: Supporting California State Assembly Bill No. 550 (Chiu) - Pedestrian Safety - Pages: 16 ### File 210315: Urging Major Chocolate Producers to Stop Utilizing Child Forced Labor in Global Cocoa Supply Chains - Pages: 16 ### File 210316: Supporting California State Assembly Bill No. 20 (Kalra and Lee) - Corporate Free Elections Act - Pages: 16 ### File 210317: Re-Affirming City Policy that the San Francisco Public Utilities Commission (SFPUC) Provide Electricity to City Projects and Urging Pacific Gas & Electric to Cooperate with the SFPUC to Provide City Power to Projects - Pages: 16-17 ### File 210325: Closed Session - Existing Litigation - American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association - April 6, 2021 - Pages: 17 - Vote 1: approval, likely final - Action: 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 ### File 210313: Supporting California State Assembly Bill No. 43 (Friedman) - Traffic Safety - Pages: 17-18 - Vote 1: adoption, likely final - Action: 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 ### File 210318: Supporting California State Assembly Bill No. 854 (Lee) - Ellis Act Reform - Pages: 18 - Vote 1: adoption, likely final - Action: 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 ### File 210319: Denouncing the Article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer of the Japanese Legal Studies at Harvard Law School - Pages: 18 - Vote 1: adoption, likely final - Action: 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 ### File 210284: Administrative, Public Works, and Transportation Codes - Shared Spaces - Pages: 19-20 ### File 210285: Planning, Business and Tax Regulations, Police Codes - Small Business Recovery Act - Pages: 20 ### File 210346: Housing Code - Community Kitchens - Pages: 20 ### File 210354: Five-Year Financial Plan - FYs 2022-2026 - Pages: 20-21 ### File 210358: Accept and Expend In-Kind Gift - Software as a Service - All Home and Bay Area Community Services - Valued at $1,236,373 - Pages: 21 ### File 210359: Accept and Expend Grant - Retroactive - National Institute of Allergy and Infectious Diseases - Research Triangle Institute International - AMBER Statement of Work - Department of Public Health - $113,581 - Pages: 21 ### File 210360: Accept and Expend In-Kind Gift - Retroactive - Naloxone Distribution Project - Naloxone - Valued at $73,800 - Pages: 21 ### File 210361: Accept and Expend Grant - Retroactive - State of California, Employment Development Department - WIOA 25% Dislocated Worker Supportive Services - $775,000 - Pages: 21-22 ### File 210362: Multifamily Housing Revenue Bonds - 4101 Noriega, 363 Noe, 200 Randolph/409 Head, 2206-2268 Great Highway, 1353-1367 Eddy (SFHA Scattered Sites) - Not to Exceed $60,000,000 - Pages: 22 ### File 210363: Loan Agreement - 4200 Geary Associates, L.P. - 100% Affordable Housing - 4200 Geary Boulevard - Not to Exceed $14,538,982 - Pages: 22 ### File 210364: Contract Amendment - Transdev Services, Inc. - Paratransit Services - Not to Exceed $308,271,023 - Pages: 22-23 ### File 210353: Supporting California State Senate Bill No. 37 (Cortese) - Contaminated Sites - Pages: 23 ### File 210352: Initiating Landmark Designation - Diego Rivera Mural “The Allegory of California” - Pages: 23 ### File 210347: Supporting the California Nutrition Incentive Program Budget Coalition Request for Funding of the California Nutrition Incentive Program, Including Programs Like the Statewide Market Match - Pages: 23 ### File 201406: Appointment, Health Officer - Susan Philip, MD - Pages: 23-24 ### File 210351: Hearing - SF Parks Alliance and Golden Gate Park 150th Anniversary - Pages: 24 ### File 210355: Hearing - Budget and Legislative Analyst Report - Miscellaneous Funds - Pages: 24 ### File 210356: Hearing - Budget and Legislative Analyst Report - Pay Equity for Non-Profit Service Providers - Pages: 24 ### File 210357: Hearing - Budget and Legislative Analyst Report - Law Enforcement - Pages: 24-25 ### File 210350: Hearing - Direct Small Business Relief Update and OEWD Equity Plan for Recovery - Pages: 25 ### File 210349: Hearing - City Whistleblower Program and Most Recent Whistleblower Report - Pages: 25 ### File 210365: Hearing - Investigation of Complaints of Substandard Living Conditions at Plaza East and Proposed Plans for the Property - Pages: 25 ### File 210328: Public Works Code - Personal Wireless Service Facility Site Permits - Pages: 25-26 ### File 210329: Settlement of Lawsuit - Recology San Francisco, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company - San Francisco Refuse Ratepayers to Receive $94,520,000 in Restitution; City to Receive $7,000,000 - Pages: 26 ### File 210330: Settlement of Lawsuit - Elena Ruiz-Diaz and Mercedes Arroyo - $600,000 - Pages: 26 ### File 210331: Settlement of Lawsuit - Armin Abdollahvand - $50,000 - Pages: 26 ### File 210332: Settlement of Lawsuit - Ramsey Abouremeleh - $275,000 - Pages: 26-27 ### File 210205: Annual Fundraising Drive - 2021 - Pages: 27 ### File 210333: Settlement of Unlitigated Claim - Luis Hernandez - $65,602 - Pages: 27 ### File 210334: Settlement of Unlitigated Claim - Farmers Insurance Exchange - $60,000 - Pages: 27 ### File 210335: Lease Extension Modification - 2011 Lease and Use Agreements - Various Airlines - Pages: 27 ### File 210336: Contract Amendment - Department of Energy Western Area Power Administration - Delivery of Low-Cost Power - Not to Exceed $27,691,541 - Pages: 27-28 ### File 210337: Lease of City Property - Our Planet Recycling SF, LLC - Assessor’s Parcel Block No. 5695, Lot No. 23 at Alemany Blvd. - Annual Base Rent of $21,540 - Pages: 28 ### File 210338: Contract Modification - Thales Transport & Security Inc. - Advanced Train Control System for Central Subway - Increase Contract Amount - Not to Exceed $27,730,300.40 - Pages: 28-29 ## Extracted text ### [Page 1](https://sfbos.info/documents/758/2021-04-06-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, April 6, 2021 - 2:00 PM Held via Videoconference (remote public access provided via teleconference) www.sfgovtv.org Regular Meeting SHAMANN WALTON, PRESIDENT CONNIE CHAN, MATT HANEY, RAFAEL MANDELMAN, GORDON MAR, MYRNA MELGAR, AARON PESKIN, DEAN PRESTON, HILLARY RONEN, AHSHA SAFAI, CATHERINE STEFANI Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Appropriations Committee Wednesday Supervisors Haney, Safai, Mar, Ronen, Walton 1:00 PM Budget and Finance Committee Wednesday Supervisors Haney, Safai, Mar 10:30 AM Government Audit and Oversight Committee 1st and 3rd Thursday Supervisors Preston, Chan, Mandelman 10:00 AM Land Use and Transportation Committee Monday Supervisors Melgar, Preston, Peskin 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Thursday Supervisors Mar, Stefani, Haney 10:00 AM Rules Committee Monday Supervisors Peskin, Mandelman, Chan 10:00 AM Youth, Young Adult, and Families Committee 2nd Friday Supervisors Ronen, Safai, Melgar 10:00 AM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 116 Number 14 ### [Page 2](https://sfbos.info/documents/758/2021-04-06-minutes#page-2) Board of Supervisors Meeting Minutes 4/6/2021 Members Present: Connie Chan, Matt Haney, Rafael Mandelman, Gordon Mar, Myrna Melgar, Aaron Peskin, Dean Preston, Hillary Ronen, Ahsha Safai, Catherine Stefani, and Shamann Walton The Board of Supervisors of the City and County of San Francisco met in regular session through videoconferencing, and provided public comment through teleconferencing, on Tuesday, April 6, 2021, with President Shamann Walton presiding. President Walton called the meeting to order at 2:01 p.m. Remote Access to Information and Participation In accordance with Governor Newsom’s Executive Order No. N-33-20 declaring a State of Emergency regarding the COVID-19 outbreak and Mayor London N. Breed’s Proclamation declaring a Local Emergency issued on February 25, 2020, including the guidance for gatherings issued by the San Francisco Department of Public Health Officer, aggressive directives were issued to reduce the spread of COVID-19. On March 17, 2020, the Board of Supervisors authorized their Board and Committee meetings to convene remotely (via Microsoft Teams) and will allow remote public comment via teleconference. Visit the SFGovTV website at (www.sfgovtv.org) to stream the live meetings, or to watch meetings on demand. Members of the public are encouraged to participate remotely via detailed instructions on participating via teleconference available at https://sfbos.org/remote-meeting-call. Members of the public may participate by phone or may submit their comments by email to: bos@sfgov.org; all comments received will be made a part of the official record. Board of Supervisors Regular Meetings begin at 2:00 p.m. on Tuesdays. Board Agendas and their associated documents are available at https://sfbos.org/meetings/42. As the COVID-19 disease progresses, please visit the Board’s website (www.sfbos.org) regularly to be updated on the current situation as it affects the legislative process. For more information contact the Office of the Clerk of the Board at (415) 554-5184. ROLL CALL AND PLEDGE OF ALLEGIANCE On the call of the roll, Supervisors Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, and Walton were noted present. A quorum of the Board was present. President Walton presented the ancestral homeland acknowledgement of the Ramaytush Ohlone, who are the original inhabitants of the San Francisco Peninsula, pursuant to Board Rule 4.7.1. Supervisor Melgar was noted present at 2:08 p.m. City and County of San Francisco Page 259 Printed at 4:38 pm on 5/7/21 ### [Page 3](https://sfbos.info/documents/758/2021-04-06-minutes#page-3) Board of Supervisors Meeting Minutes 4/6/2021 COMMUNICATIONS Angela Calvillo, Clerk of the Board, announced that due to the COVID-19 health emergency, Board Members will participate in the meeting remotely, through videoconference and to the same extent as if they were physically present. To the members of the public, when general public comment is called, you may contribute live comments for up to two minutes by dialing the provided telephone number. When you are connected, you will receive another prompt, dial * 3 to be added to the queue to speak. Make sure to call from a quiet location, speak clearly and slowly, and turn down your television or radio. Written comments may be submitted through email (bos@sfgov.org) or the U.S. Postal Service at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. APPROVAL OF MEETING MINUTES President Walton inquired whether any Member of the Board had any corrections to the February 23, 2021, or March 2, 2021, Board Regular Meeting Minutes, as presented. There were no corrections requested from any Member of the Board. Supervisor Preston, seconded by Supervisor Peskin, moved to approve the February 23, 2021, and March 2, 2021, Board Regular Meeting Minutes, as presented. The motion carried by the following vote, following general public comment: Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton AGENDA CHANGES There were no agenda changes. CONSENT AGENDA Recommendation of the Budget and Finance Committee 210028 [Appropriation - Refunding General Obligation Bond Proceeds - $220,000,000 - FY2020-2021] Sponsor: Mayor Ordinance appropriating $220,000,000 from the issuance of one or more series of Refunding General Obligation Bonds; and placing such amounts on Controller's reserve. (Fiscal Impact) Ordinance No. 045-21 FINALLY PASSED City and County of San Francisco Page 260 Printed at 4:38 pm on 5/7/21 ### [Page 4](https://sfbos.info/documents/758/2021-04-06-minutes#page-4) Board of Supervisors Meeting Minutes 4/6/2021 Recommendations of the Budget and Appropriations Committee 201364 [Appropriation - Property Tax Revenue $20,100,000 - Mayor’s Office of Housing and Community Development - $10,050,000 for Rent Relief - $10,050,000 for Social Housing - FY2020-2021] Sponsors: Preston; Mar, Ronen, Walton, Safai, Haney and Melgar Ordinance appropriating $10,050,000 from Property Tax Revenue to the Mayor’s Office of Housing and Community Development for rent relief under the Rent Resolution and Relief Fund and $10,050,000 for the acquisition, creation and operation of affordable, social housing under the Housing Stability Fund in Fiscal Year (FY) 2020-2021. (Fiscal Impact) Ordinance No. 048-21 FINALLY PASSED 210138 [Business Registration Fee - Weights and Measures and Point of Sale Station Fees] Sponsors: Mayor; Ronen, Safai, Haney and Mandelman Ordinance extending the deadline to pay the business registration fee for the fiscal year ending June 30, 2022, to November 1, 2021, for certain businesses that commenced business in the City before January 1, 2021, and had $25,000,000 or less in San Francisco gross receipts in 2020 or that commenced business in the City on or after January 1, 2021; extending the deadline to pay the business registration fee for the fiscal year ending June 30, 2022, to June 30, 2021, for certain businesses that commenced business in the City on or before January 1, 2021, and had over $25,000,000 in San Francisco gross receipts in 2020; temporarily suspending through November 1, 2021, penalties for late payment of certain weights and measures fees and point of sale station fees billed by the Tax Collector on or after March 17, 2020, and on or before October 1, 2021; and refunding suspended penalties paid to the City. (Fiscal Impact) Supervisors Haney and Mandelman requested to be added as co-sponsors. Ordinance No. 049-21 FINALLY PASSED City and County of San Francisco Page 261 Printed at 4:38 pm on 5/7/21 ### [Page 5](https://sfbos.info/documents/758/2021-04-06-minutes#page-5) Board of Supervisors Meeting Minutes 4/6/2021 Recommendations of the Government Audit and Oversight Committee 210160 [Settlement of Lawsuit - Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen - $30,000] Ordinance authorizing settlement of the lawsuit filed by Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen against the City and County of San Francisco for $30,000; the lawsuit was filed on May 20, 2019, in United States District Court - Northern District of California, Case No. 19-cv-02722; entitled Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen v. San Francisco County Sheriff’s Department, et al.; the lawsuit involves claims that the sleep schedule and frequent sleep disruptions at County Jails 4 and 5 created unconstitutional conditions of confinement for the inmates; other material terms of the settlement are that the court approve the settlement. (City Attorney) PASSED ON FIRST READING 210206 [Settlement of Lawsuit - Jose Parra - $115,000] Ordinance authorizing settlement of the lawsuit filed by Jose Parra against the City and County of San Francisco for $115,000; the lawsuit was filed on January 27, 2020, in San Francisco Superior Court, Case No. CGC-20-582468; entitled Jose Parra v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury on a City walkway. (City Attorney) PASSED ON FIRST READING 210207 [Settlement of Unlitigated Claim - Sharon Eastman - $99,000] Resolution approving the settlement of the unlitigated claim filed by Sharon Eastman against the City and County of San Francisco for $99,000; the claim was filed on June 20, 2018; the claim involves property damage arising from sewer main pipe overflow as a result of heavy rain. (City Attorney) Resolution No. 140-21 ADOPTED City and County of San Francisco Page 262 Printed at 4:38 pm on 5/7/21 ### [Page 6](https://sfbos.info/documents/758/2021-04-06-minutes#page-6) Board of Supervisors Meeting Minutes 4/6/2021 Recommendation of the Land Use and Transportation Committee 201175 [Administrative Code, Planning Code - Technical Corrections; Amendments to Various Central South of Market Area Zoning Provisions] Ordinance amending the Planning Code to correct and clarify Administrative and Planning Code amendments approved in Ordinance No. 296-18, which gave effect to the Central South of Market Area (SoMa) Plan, including provisions regarding transfer of development rights, privately owned public open space, renewable electricity, PDR (Production Distribution Repair) floor height, development impact fee deposits and uses, among others; to restore with modifications inadvertently deleted provisions regarding low-income affordable housing in the SALI (Service/Arts/Light Industrial) Zoning District; and to amend open space, height limit, apparent mass reduction, lot coverage, exposure, PDR replacement, and development impact fee waiver and reduction provisions; 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, convenience, and welfare under Planning Code, Section 302. (Planning Commission) Ordinance No. 047-21 FINALLY PASSED Recommendations of the Rules Committee 210142 [Administrative Code - Composition and Sunset Date of Family Violence Council] Sponsors: Stefani; Chan, Melgar and Safai Ordinance amending the Administrative Code to change the composition of the Family Violence Council and extend the sunset date for the Council to May 1, 2024. Ordinance No. 050-21 FINALLY PASSED 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 263 Printed at 4:38 pm on 5/7/21 ### [Page 7](https://sfbos.info/documents/758/2021-04-06-minutes#page-7) Board of Supervisors Meeting Minutes 4/6/2021 REGULAR AGENDA UNFINISHED BUSINESS From the Board 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 264 Printed at 4:38 pm on 5/7/21 ### [Page 8](https://sfbos.info/documents/758/2021-04-06-minutes#page-8) Board of Supervisors Meeting Minutes 4/6/2021 Recommendation of the Budget and Appropriations Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendation of the Public Safety and Neighborhood Services Committee 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: 10 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Walton Noes: 1 - Stefani City and County of San Francisco Page 265 Printed at 4:38 pm on 5/7/21 ### [Page 9](https://sfbos.info/documents/758/2021-04-06-minutes#page-9) Board of Supervisors Meeting Minutes 4/6/2021 NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 266 Printed at 4:38 pm on 5/7/21 ### [Page 10](https://sfbos.info/documents/758/2021-04-06-minutes#page-10) Board of Supervisors Meeting Minutes 4/6/2021 Recommendation of the Land Use and Transportation Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendations of the Public Safety and Neighborhood Services Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton President Walton requested File Nos. 210109 and 210111 be called together. 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 267 Printed at 4:38 pm on 5/7/21 ### [Page 11](https://sfbos.info/documents/758/2021-04-06-minutes#page-11) Board of Supervisors Meeting Minutes 4/6/2021 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendations of the Rules Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton SPECIAL ORDER 2:30 P.M. - Recognition of Commendations President Walton suspended all commendations during the declaration of local health emergency. City and County of San Francisco Page 268 Printed at 4:38 pm on 5/7/21 ### [Page 12](https://sfbos.info/documents/758/2021-04-06-minutes#page-12) Board of Supervisors Meeting Minutes 4/6/2021 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 210230 [Hearing - Committee of the Whole - Public Health Officer - April 6, 2021, at 3:00 p.m.] Hearing for 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. (Clerk of the Board) President Walton opened the public hearing and inquired as to whether any member of the public wished to address the Committee of the Whole relating to the appointment of a Public Health Officer. Dr. Grant Colfax and Dr. Susan Philip (Department of Public Health) provided an overview of the Public Health Officer appointment and responded to questions raised throughout the discussion. Bryan Goldback; spoke on various concerns relating to the appointment of a Public Health Officer. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report COMMITTEE REPORTS Recommendations of the Land Use and Transportation Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 269 Printed at 4:38 pm on 5/7/21 ### [Page 13](https://sfbos.info/documents/758/2021-04-06-minutes#page-13) Board of Supervisors Meeting Minutes 4/6/2021 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendation of the Rules Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 270 Printed at 4:38 pm on 5/7/21 ### [Page 14](https://sfbos.info/documents/758/2021-04-06-minutes#page-14) Board of Supervisors Meeting Minutes 4/6/2021 PUBLIC COMMENT Jennifer Chung; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Linda Chapman; shared concerns regarding residential living conditions in certain neighborhoods and the deficiencies when issuing building permits. Sandra Lee; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Speaker; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Speaker; expressed concerns regarding injuries and deaths resulting from excessive vehicular speeds and the need to regulate speed limits. Grace Shimizu; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Judith Mirkinson; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Theresa Flandrich; expressed support of the Resolution support Assembly Bill No. 854 (Lee), which creates Ellis Act Reform (File No. 210318). Michael Wong; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Barry Toronto; expressed concerns regarding access to Golden Gate Park and the new pavement of certain streets in the City. Speaker; expressed support of the Resolutions supporting Assembly Bill No. 43 (Friedman), Traffic Safety (File No. 210313), and Assembly Bill No. 550 (Chiu), Pedestrian Safety (File No. 210314). Mike Honda; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Lilian Sing; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Steve Augmere; expressed support of the Resolutions supporting Assembly Bill No. 43 (Friedman), Traffic Safety (File No. 210313), and Assembly Bill No. 550 (Chiu), Pedestrian Safety (File No. 210314). Julie Tang; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Mei Ho Kim; expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). City and County of San Francisco Page 271 Printed at 4:38 pm on 5/7/21 ### [Page 15](https://sfbos.info/documents/758/2021-04-06-minutes#page-15) Board of Supervisors Meeting Minutes 4/6/2021 CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation 210326 [Closed Session - Existing Litigation - American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association - April 6, 2021] Closed Session for the Board of Supervisors to 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; pending approval of the Motion in File No. 210325. (Clerk of the Board) The Board recessed at the hour of 6:40 p.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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 272 Printed at 4:38 pm on 5/7/21 ### [Page 16](https://sfbos.info/documents/758/2021-04-06-minutes#page-16) Board of Supervisors Meeting Minutes 4/6/2021 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 210314 [Supporting California State Assembly Bill No. 550 (Chiu) - Pedestrian Safety] Sponsors: Peskin; Melgar, Chan, Mandelman, Ronen, Haney, Mar and Safai Resolution supporting California State Assembly Bill No. 550, introduced on February 10, 2021, by Assembly Member David Chiu (AD-17), which would establish and implement a five-year automated speed safety system pilot program, as long as the program meets specific equity, safety, and privacy specifications. Supervisors Haney, Mar, and Safai requested to be added as co-sponsors. Resolution No. 146-21 ADOPTED 210315 [Urging Major Chocolate Producers to Stop Utilizing Child Forced Labor in Global Cocoa Supply Chains] Sponsors: Preston; Walton, Haney, Mandelman, Mar and Safai Resolution urging Mars, Nestle, and major chocolate producers to stop utilizing child forced labor in their global cocoa supply chains while commending ethically made chocolate in the wake of the announcement of Dandelion Chocolate workers unionizing. Supervisors Mandelman, Mar, and Safai requested to be added as co-sponsors. Resolution No. 147-21 ADOPTED 210316 [Supporting California State Assembly Bill No. 20 (Kalra and Lee) - Corporate Free Elections Act] Sponsors: Preston; Walton, Haney, Ronen, Peskin, Chan, Mandelman and Mar Resolution supporting California State Assembly Bill No. 20, authored by Assembly Member Ash Kalra, and co-authored by Assembly Member Alex Lee, the Corporate-Free Elections Act, which would prohibit a candidate for elective office in California from receiving a contribution from a business entity, and a business entity from making a contribution to a candidate for elective office. Supervisors Chan, Mandelman, and Mar requested to be added as co-sponsors. Resolution No. 148-21 ADOPTED 210317 [Re-Affirming City Policy that the San Francisco Public Utilities Commission (SFPUC) Provide Electricity to City Projects and Urging Pacific Gas & Electric to Cooperate with the SFPUC to Provide City Power to Projects] Sponsors: Ronen; Peskin, Walton, Chan, Mandelman, Haney, Mar and Safai Resolution re-affirming City policy that the San Francisco Public Utilities Commission provide electricity to City projects where feasible and urging Pacific Gas & Electric to work with the San Francisco Public Utilities Commission to serve City electric customers efficiently. Supervisors Chan, Mandelman, Haney, Mar, and Safai requested to be added as co-sponsors. Resolution No. 149-21 ADOPTED City and County of San Francisco Page 273 Printed at 4:38 pm on 5/7/21 ### [Page 17](https://sfbos.info/documents/758/2021-04-06-minutes#page-17) Board of Supervisors Meeting Minutes 4/6/2021 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Severed from the For Adoption Without Committee Reference Agenda Supervisor Chan requested that File Nos. 210313 and 210319 be severed so that they may be considered separately. 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 274 Printed at 4:38 pm on 5/7/21 ### [Page 18](https://sfbos.info/documents/758/2021-04-06-minutes#page-18) Board of Supervisors Meeting Minutes 4/6/2021 Supervisor Safai requested that File No. 210318 be severed so that it may be considered separately. 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 275 Printed at 4:38 pm on 5/7/21 ### [Page 19](https://sfbos.info/documents/758/2021-04-06-minutes#page-19) Board of Supervisors Meeting Minutes 4/6/2021 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. ORDINANCES 210284 [Administrative, Public Works, and Transportation Codes - Shared Spaces] Sponsors: Mayor; Mandelman, Safai, Stefani and Haney Ordinance amending the Administrative Code to rename and modify the Places for People Program as the Shared Spaces Program, and to clarify the roles and responsibilities of various departments regarding activation and use of City property and the public right-of-way, streamline the application process, specify minimum programmatic requirements such as public access, temporarily waive permit application fees, and provide for the conversion of existing Parklet and Shared Spaces permittees to the new program requirements; amending the Public Works Code to create a Curbside Shared Spaces permit fee, provide for public notice and comment on permit applications, provide for hearings for occupancy of longer-term street closures, and supplement enforcement actions by Public Works; and amending the Transportation Code to authorize the Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT) to issue permits for the temporary occupancy of the Traffic Lane for purposes of issuing permits for Roadway Shared Spaces as part of the Shared Spaces Program, subject to delegation of authority by the Municipal Transportation Agency Board of Directors to temporarily close the Traffic Lane, and adding the Planning Department as a member of ISCOTT; and also amending the Transportation Code to prohibit parking in a zone on any street, alley, or portion of a street or alley, that is subject to a posted parking prohibition except for the purpose of loading or unloading passengers or freight; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and affirming the Planning Department’s determination under the California Environmental Quality Act. (4/13/21 - Economic Impact) 03/16/21; ASSIGNED UNDER 30 DAY RULE PENDING APPROVAL AS TO FORM to Land Use and Transportation Committee. 04/06/21; SUBSTITUTED AND ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee. City and County of San Francisco Page 276 Printed at 4:38 pm on 5/7/21 ### [Page 20](https://sfbos.info/documents/758/2021-04-06-minutes#page-20) Board of Supervisors Meeting Minutes 4/6/2021 210285 [Planning, Business and Tax Regulations, Police Codes - Small Business Recovery Act] Sponsor: Mayor Ordinance amending the Planning, Business and Tax Regulations, and Police Codes to simplify procedures and allow flexibility for neighborhood, cultural, and entertainment establishments by 1) expanding streamlined review and inspection procedures to principally permitted storefront uses citywide; 2) deleting separate definitions of “Cat Boarding,” “Gym,” “Trade Shop,” and “Services, Instructional” from the Planning Code; 3) allowing permitted conditional uses to continue after three years of abandonment; 4) allowing the continuation of longstanding places of entertainment; 5) allowing Outdoor Activity Areas on rooftops; 6) temporarily requiring a conditional use authorization for uses replacing Nighttime Entertainment uses; 7) allowing accessory catering uses in Restaurants; 8) allowing accessory dwelling units on the ground floor in Neighborhood Commercial, Chinatown Business, and Chinatown Visitor Districts; 9) allowing temporary outdoor entertainment, arts and recreation activities, 10) deleting certain conditional use finding requirements for Nighttime Entertainment use; 11) deleting conditional use findings related to formula retail concentrations in certain districts; 12) requiring expedited permit processing for commercial uses on the ground floor; 13) shortening the time for the Historic Preservation Commission to request review of minor alteration permits and certificates of appropriateness; 14) extending time for limited live performances from 10 p.m. to 11 p.m.; 15) allowing additional One-Time Entertainment Permits and One-Time Outdoor Amplified Sound Permits; 16) exempting single individual performances without amplification from permit requirements; 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302 . (3/19/2021 - Economic Impact Pending Further Review) 03/16/21; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 4/15/2021. 03/23/21; RESPONSE RECEIVED. 03/23/21; REFERRED TO DEPARTMENT. 03/30/21; RESPONSE RECEIVED. 04/06/21; SUBSTITUTED AND ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee. 210346 [Housing Code - Community Kitchens] Sponsors: Peskin; Mandelman and Chan Ordinance amending the Housing Code to prohibit removal of existing community kitchens in group housing; and affirming the Planning Department’s determination under the California Environmental Quality Act. 04/06/21; ASSIGNED to Land Use and Transportation Committee. RESOLUTIONS 210354 [Five-Year Financial Plan - FYs 2022-2026] Sponsor: Mayor Resolution adopting the City’s Five-Year Financial Plan for Fiscal Years (FY) 2021-2022 through 2025-2026, pursuant to Charter, Section 9.119. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 277 Printed at 4:38 pm on 5/7/21 ### [Page 21](https://sfbos.info/documents/758/2021-04-06-minutes#page-21) Board of Supervisors Meeting Minutes 4/6/2021 210358 [Accept and Expend In-Kind Gift - Software as a Service - All Home and Bay Area Community Services - Valued at $1,236,373] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing and Community Development to accept an in-kind gift of software as a service valued at $1,236,373 from All Home and Bay Area Community Services, for a period of April 2021 through December 2022. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210359 [Accept and Expend Grant - Retroactive - National Institute of Allergy and Infectious Diseases - Research Triangle Institute International - AMBER Statement of Work - Department of Public Health - $113,581] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $113,581 from the National Institute of Allergy and Infectious Diseases through Research Triangle Institute International for participation in a program, entitled “AMBER Statement of Work - San Francisco Department of Public Health,” for the period of December 15, 2020, through July 31, 2025. (Public Health Department) 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210360 [Accept and Expend In-Kind Gift - Retroactive - Naloxone Distribution Project - Naloxone - Valued at $73,800] Sponsor: Mayor Resolution retroactively authorizing the Police Department to accept and expend an in-kind gift of 984 units of Naloxone valued at $73,800 through the Naloxone Distribution Project, which is funded by the Substance Abuse and Mental Health Services Administration and administered by the Department of Health Care Services. (Police Department) 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210361 [Accept and Expend Grant - Retroactive - State of California, Employment Development Department - WIOA 25% Dislocated Worker Supportive Services - $775,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $775,000 from the California Employment Development Department, a recipient of the grant award from the United States Department of Labor for Workforce Innovation and Opportunity Act (WIOA) 25% Dislocated Worker Supportive Services, for the grant period of March 1, 2020, through June 30, 2021. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 278 Printed at 4:38 pm on 5/7/21 ### [Page 22](https://sfbos.info/documents/758/2021-04-06-minutes#page-22) Board of Supervisors Meeting Minutes 4/6/2021 210362 [Multifamily Housing Revenue Bonds - 4101 Noriega, 363 Noe, 200 Randolph/409 Head, 2206-2268 Great Highway, 1353-1367 Eddy (SFHA Scattered Sites) - Not to Exceed $60,000,000] Sponsor: Mayor Resolution declaring the intent of the City and County of San Francisco (“City”) to reimburse certain expenditures from proceeds of future bonded indebtedness in an aggregate principal amount not to exceed $60,000,000; authorizing the Director of the Mayor’s Office of Housing and Community Development (“Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $60,000,000 for the scattered sites located at 4101 Noriega, 363 Noe, 200 Randolph/409 Head, 2206-2268 Great Highway, 1353-1367 Eddy; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210363 [Loan Agreement - 4200 Geary Associates, L.P. - 100% Affordable Housing - 4200 Geary Boulevard - Not to Exceed $14,538,982] Sponsors: Mayor; Chan Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute loan documents relating to a loan to provide financing for the acquisition of real property located at 4200 Geary Boulevard, and predevelopment activities for the construction of a 100% affordable multifamily rental housing project consisting of 98 units for senior households and ancillary commercial space, known as 4200 Geary Boulevard, in an aggregate amount not to exceed $14,538,982; approving the form of the loan agreement and ancillary documents; ratifying and approving any action heretofore taken in connection with the project; granting general authority to City Officials to take actions necessary to implement this Resolution, as defined herein; and finding that the loan is consistent the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210364 [Contract Amendment - Transdev Services, Inc. - Paratransit Services - Not to Exceed $308,271,023] Sponsor: Mayor Resolution approving the Sixth Amendment to Contract No. SFMTA-2016-17, Paratransit Broker and Operating Agreement, with Transdev Services, Inc., to exercise the option to extend the term by five years to June 30, 2026, and to increase the amount of the Contract by $169,395,342 for a total contract amount not to exceed $312,297,446. (Fiscal Impact) 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 279 Printed at 4:38 pm on 5/7/21 ### [Page 23](https://sfbos.info/documents/758/2021-04-06-minutes#page-23) Board of Supervisors Meeting Minutes 4/6/2021 210353 [Supporting California State Senate Bill No. 37 (Cortese) - Contaminated Sites] Sponsors: Mar; Walton, Melgar, Peskin, Preston, Chan, Haney and Safai Resolution supporting California State Senate Bill No. 37, Contaminated Sites: The Hazardous Waste Site Cleanup and Safety Act, authored by Senator David Cortese, expressly prohibiting the use of the common sense exemption to be applied to construction projects located on contaminated sites identified on the state’s Cortese List. 04/06/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 210352 [Initiating Landmark Designation - Diego Rivera Mural “The Allegory of California”] Sponsors: Peskin; Preston, Melgar, Chan, Mandelman and Safai Resolution initiating a landmark designation under Article 10 of the Planning Code for Diego Rivera’s fresco, titled “The Allegory of California,” painted in 1931 and located at 155 Sansome Street. 04/06/21; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 210347 [Supporting the California Nutrition Incentive Program Budget Coalition Request for Funding of the California Nutrition Incentive Program, Including Programs Like the Statewide Market Match] Sponsors: Ronen; Walton, Haney, Mar, Preston and Safai Resolution supporting the California Nutrition Incentive Program Budget Coalition request for Fiscal Year (FY) 2021-2022 funding of $20,000,000 for the California Nutrition Incentive Program at California Department of Food and Agriculture Office of Farm to Fork, including programs like the statewide Market Match; and urging the California Assembly and Senate budget committees to include in the FY2021-2022 Budget Act a one-time appropriation of $20,000,000 for the California Nutrition Incentive Program. 04/06/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. MOTION 201406 [Appointment, Health Officer - Susan Philip, MD] Sponsors: Peskin; Safai Motion appointing Susan Philip, MD, to the position of Health Officer for the City and County of San Francisco. 12/15/20; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 01/05/21; REFERRED to Rules Committee. 04/06/21; SUBSTITUTED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 280 Printed at 4:38 pm on 5/7/21 ### [Page 24](https://sfbos.info/documents/758/2021-04-06-minutes#page-24) Board of Supervisors Meeting Minutes 4/6/2021 REQUESTS FOR HEARING 210351 [Hearing - SF Parks Alliance and Golden Gate Park 150th Anniversary] Sponsor: Chan Hearing to discuss the SF Parks Alliance, with a specific focus on reviewing the Golden Gate Park 150th Anniversary agreement between SF Parks Alliance and Recreation and Park Department, to determine whether the terms of this agreement have been incorrectly categorized as a permit when they substantially resemble a contract, which has different public oversight and approval processes; and requesting the Recreation and Park Department, Controller's Office, and Budget and Legislative Analyst to report. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210355 [Hearing - Budget and Legislative Analyst Report - Miscellaneous Funds] Sponsor: Haney Hearing to request the Budget and Legislative Analyst to provide a budget and policy analysis of miscellaneous funds held by City departments, including various reserve accounts, review of the controls over such funds, and an analysis of how those funds could be used to meet the immediate needs of the City; and requesting the Budget and Legislative Analyst and Controller's Office to report. 04/06/21; RECEIVED AND ASSIGNED to Budget and Appropriations Committee. 210356 [Hearing - Budget and Legislative Analyst Report - Pay Equity for Non-Profit Service Providers] Sponsor: Haney Hearing to request the Budget and Legislative Analyst to provide a budget and policy analysis of non-profit service provider sustainability and related issues of pay equity; to provide an overview and analysis of what actions the City has taken to ensure the viability and sustainability of non-profit organizations that provide services for the City; an analysis of whether City funding is keeping up with the cost of doing business and City mandates; and requesting the Budget and Legislative Analyst, Department of Public Health, Human Services Agency, Department of Homelessness and Supportive Housing, Department of Children, Youth, and Their Families, and Controller’s Office to report. 04/06/21; RECEIVED AND ASSIGNED to Budget and Appropriations Committee. 210357 [Hearing - Budget and Legislative Analyst Report - Law Enforcement] Sponsor: Haney Hearing to request the Budget and Legislative Analyst to provide a budget and policy analysis of City law enforcement functions that could be performed by other City agencies and functions that do not provide public safety; and requesting the Budget and Legislative Analyst, Police Department, Sheriff’s Department, Department of Public Health, and Municipal Transportation Agency to report. 04/06/21; RECEIVED AND ASSIGNED to Budget and Appropriations Committee. City and County of San Francisco Page 281 Printed at 4:38 pm on 5/7/21 ### [Page 25](https://sfbos.info/documents/758/2021-04-06-minutes#page-25) Board of Supervisors Meeting Minutes 4/6/2021 210350 [Hearing - Direct Small Business Relief Update and OEWD Equity Plan for Recovery] Sponsors: Peskin; Haney Hearing to receive presentations on the various direct small business relief programs currently supporting small businesses, their eligibility requirements and data on how many grants have been allocated, in which neighborhoods and demographic data on small businesses who have successfully acquired relief, and to present an equity plan for addressing small business recovery in the Fiscal Year 2021-2022 Budget; and requesting the Director of Office of Economic and Workforce Development (OEWD) and Office of Small Business to report. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210349 [Hearing - City Whistleblower Program and Most Recent Whistleblower Report] Sponsor: Preston Hearing on the most recent Whistleblower Report from the Office of the City Controller and to review the status of the City’s Whistleblower Program; and requesting the Office of the Controller to report. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210365 [Hearing - Investigation of Complaints of Substandard Living Conditions at Plaza East and Proposed Plans for the Property] Sponsor: Preston Hearing on the investigation of complaints of substandard living conditions at Plaza East and discussions of proposed plans for the property; and requesting the Department of Building Inspection, Mayor’s Office of Housing and Community Development, Housing Authority, and Office of the City Attorney to report. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCES 210328 [Public Works Code - Personal Wireless Service Facility Site Permits] Ordinance amending the Public Works Code to authorize Public Works to issue Personal Wireless Service Facility Site Permits to install Personal Wireless Service Facilities on stand-alone poles; and making certain corrections to other provisions. (Public Works) 03/29/21; RECEIVED FROM DEPARTMENT. 04/06/21; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/6/2021. City and County of San Francisco Page 282 Printed at 4:38 pm on 5/7/21 ### [Page 26](https://sfbos.info/documents/758/2021-04-06-minutes#page-26) Board of Supervisors Meeting Minutes 4/6/2021 210329 [Settlement of Lawsuit - Recology San Francisco, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company - San Francisco Refuse Ratepayers to Receive $94,520,000 in Restitution; City to Receive $7,000,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Recology San Francisco, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company for payment of at least $94,520,000 in restitution and related interest as well as $7,000,000 in civil penalties; the lawsuit was filed on March 4, 2021, in San Francisco Superior Court, Case No. CGC-21-590091; entitled People of the State of California, acting by and through Dennis J. Herrera as City Attorney of San Francisco; and City and County of San Francisco v. Recology San Francisco, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company; the lawsuit involves Defendants’ violations of California’s Unfair Competition Law and San Francisco Campaign and Governmental Conduct Code based on improper overcharging of San Francisco refuse Ratepayers and unlawful gifts and contributions made to city employees and officers or to third-parties at their request; other material terms of the settlement are that Defendants agree to be bound to a four-year injunction to be presented and entered by the court after the settlement agreement is approved. (City Attorney) 03/19/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210330 [Settlement of Lawsuit - Elena Ruiz-Diaz and Mercedes Arroyo - $600,000] Ordinance authorizing settlement of the lawsuit filed by Elena Ruiz-Diaz and Mercedes Arroyo against the City and County of San Francisco for $600,000; the lawsuit was filed on July 30, 2020, in San Francisco Superior Court, Case No. CGC-20-585869; entitled Elena Ruiz-Diaz, by and through her attorney-in-fact, Mercedes Arroyo, and Mercedes Arroyo, individually v. City and County of San Francisco, et al.; the lawsuit involves allegations of medical negligence, elder neglect/abuse, violations of the Patient’s Bill of Rights, and negligent infliction of emotional distress concerning Ms. Ruiz-Diaz’s care at Laguna Honda Hospital and Rehabilitation Center. (City Attorney) 03/22/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210331 [Settlement of Lawsuit - Armin Abdollahvand - $50,000] Ordinance authorizing settlement of the lawsuit filed by Armin Abdollahvand against the City and County of San Francisco for $50,000; the lawsuit was filed on August 27, 2019, in San Francisco Superior Court, Case No. CGC-19-578732; entitled Armin Abdollahvand v. City and County of San Francisco, et al.; the lawsuit involves an alleged personal injury in a rear-end automobile collision involving a City employee. (City Attorney) 03/24/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210332 [Settlement of Lawsuit - Ramsey Abouremeleh - $275,000] Ordinance authorizing settlement of the lawsuit filed by Ramsey Abouremeleh against the City and County of San Francisco, et al. for $275,000; the lawsuit was filed on January 5, 2021, in the Superior Court of California, County of San Francisco, Case No. CGC-21-588689; entitled Ramsey Abouremeleh v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) 03/25/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 283 Printed at 4:38 pm on 5/7/21 ### [Page 27](https://sfbos.info/documents/758/2021-04-06-minutes#page-27) Board of Supervisors Meeting Minutes 4/6/2021 PROPOSED RESOLUTIONS 210205 [Annual Fundraising Drive - 2021] Resolution designating those agencies qualified to participate in the 2021 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. (City Administrator) 03/29/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210333 [Settlement of Unlitigated Claim - Luis Hernandez - $65,602] Resolution approving the settlement of the unlitigated claim filed by Luis Hernandez against the City and County of San Francisco for $65,602; the claim was filed on February 18, 2020; the claim involves a cast iron water main break that caused flooding to the property. (City Attorney) 03/22/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210334 [Settlement of Unlitigated Claim - Farmers Insurance Exchange - $60,000] Resolution approving the settlement of the unlitigated claim filed by Farmers Insurance Exchange against the City and County of San Francisco for $60,000; the claim was filed on January 17, 2020; the claim involves property damage arising from sewer main pipe overflow as a result of heavy rain, which resulted in loss of business income. (City Attorney) 03/22/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210335 [Lease Extension Modification - 2011 Lease and Use Agreements - Various Airlines] Resolution approving a Lease Modification to the 2011 Lease and Use Agreement between the City and County of San Francisco, acting by and through its Airport Commission, and 39 various Signatory Airlines, extending the term for two years from July 1, 2021, through June 30, 2023; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Airport Commission) 03/22/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210336 [Contract Amendment - Department of Energy Western Area Power Administration - Delivery of Low-Cost Power - Not to Exceed $27,691,541] Resolution approving Amendment No. 1 to the contract between the City and County of San Francisco and the United States, through the Department of Energy Western Area Power Administration, for delivery of low-cost power to Treasure Island and Yerba Buena Island, extending the term by 30 years for a total term of January 1, 2005, through December 31, 2054, and increasing the contract amount by $7,691,541 for a total not to exceed amount of $27,691,541 to commence upon Board approval. (Public Utilities Commission) (Fiscal Impact) 03/25/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 284 Printed at 4:38 pm on 5/7/21 ### [Page 28](https://sfbos.info/documents/758/2021-04-06-minutes#page-28) Board of Supervisors Meeting Minutes 4/6/2021 210337 [Lease of City Property - Our Planet Recycling SF, LLC - Assessor’s Parcel Block No. 5695, Lot No. 23 at Alemany Blvd. - Annual Base Rent of $21,540] Resolution authorizing and approving the lease of City-owned real property located at Assessor’s Parcel Block No. 5695, Lot No. 23, adjacent to Alemany Boulevard in San Francisco, with Our Planet Recycling SF, LLC, a California corporation, doing business as Our Planet Recycling, for an initial five-year term at an annual base rent of $21,540 (or the monthly amount of $1,795) plus 3% annual increases to base rent, plus one additional five-year extension option to further extend the term of the Lease, subject to satisfaction of certain conditions and to be readjusted to then-fair market base rent; and the Lease will commence upon execution, after approval of this Resolution by the Board of Supervisors and Mayor, in their respective sole and absolute discretion. (Real Estate Department) 03/29/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210338 [Contract Modification - Thales Transport & Security Inc. - Advanced Train Control System for Central Subway - Increase Contract Amount - Not to Exceed $27,730,300.40] Resolution approving Modification No. 3 to Contract CN 1266-2, Design Review, Software, Implementation and Testing Services for an Advanced Train Control System (ATCS) for the Central Subway Project, with Thales Transport & Security Inc., to modify ATCS software and designs to conform to national fire codes, correct track speed limits, modify installation requirements, accelerate completion of work, and compensate Thales for costs and impacts it incurred arising from delay to the Project, increasing the contract amount by $12,831,743.60 for a modified contract amount of $27,730,300.40; to extend the substantial completion of the ATCS by 670 days for a total contract term of December 3, 2013, through April 29, 2022, and to extend the contract warranty period to April 29, 2025, to commence upon approval by the Board of Supervisors. (Municipal Transportation Agency) (Fiscal Impact) 03/29/21; RECEIVED FROM DEPARTMENT. 04/06/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. Request Granted From: Supervisors Walton, Safai, Haney, Melgar and Stefani To: City Attorney’s Office Requesting/Inquiring: Requesting the City Attorney’s Office draft legislation to expand Chapter 12X Administrative Code: Prohibiting City Travel and Contracting in States that Allow Discrimination to include laws that suppress voters from exercising their rights or restrict voting access. In Memoriams Alvin H. Baum Jr. - Supervisors Mandelman, Peskin, Preston and Stefani Richard Kwang Ho Kim - Supervisor Peskin Jarlath Thomas O’Conner - Supervisors Ronen and Melgar King Ping Lai - Supervisor Ronen Dean Reilly - Supervisor Mar Robert Leon - Supervisor Preston Patrick O’Donoghue - Supervisor Melgar City and County of San Francisco Page 285 Printed at 4:38 pm on 5/7/21 ### [Page 29](https://sfbos.info/documents/758/2021-04-06-minutes#page-29) Board of Supervisors Meeting Minutes 4/6/2021 ADJOURNMENT There being no further business, the Board adjourned at the hour 7:08 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on May 11, 2021. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 286 Printed at 4:38 pm on 5/7/21