Board of Supervisors Minutes: May 4, 2021

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. Supervisor Chan requested to be added as a co-sponsor. Ordinance No. 072-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

210288 [Emergency Ordinance - Enforcement of Workplace Ventilation Standards - COVID-19] Sponsors: Safai; Walton, Melgar, Chan, Preston, Haney, Ronen, Mar and Mandelman Emergency ordinance to require property owners of high-rise buildings with 50,000 square feet or more of nonresidential floor area that use mechanical ventilation systems, to certify that such systems are operating in compliance with applicable laws; to require businesses operating within those buildings to post certification within their work spaces; and to require the Department of Public Health and the Department of Building Inspection to post information on their websites about how to file complaints about noncompliance with workplace ventilation standards, and to coordinate to ensure that all such complaints are inspected within five business days. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Supervisor Safai, seconded by Supervisor Mandelman, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

210261 [Accept and Expend Grant - Retroactive - California Department of Parks and Recreation - Statewide Park Development and Community Revitalization Program - 900 Innes Boatyard Park - $8,500,000] Sponsor: Mayor Resolution retroactively authorizing the Recreation and Park Department (Department) to accept and expend a grant in the amount of $8,500,000 from the California Department of Parks and Recreation a Statewide Park and Community Revitalization Program to support the 900 Innes Boatyard Park Expansion Project; and approving the Grant Contract and Contract Amendment No. 1 which requires the Department to maintain the project for the duration of the contract performance period from July 1, 2018, through June 30, 2048, pursuant to Charter, Section 9.118(a). (Recreation and Park Department) Resolution No. 200-21 ADOPTED by the following vote:

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

210311 [Accept and Expend Grant - University of California Board of Regents (UCSF) - Esprit Park Renovation Project - $4,165,000] Sponsors: Mayor; Walton Resolution authorizing the Recreation and Park Department to accept and expend a cash grant of $4,165,000 from the University of California Board of Regents to be used for construction of the Esprit Park Renovation Project; and approving a grant agreement with the University of California Board of Regents, for the project term of December 1, 2021, through December 31, 2023. (Recreation and Park Department) Resolution No. 203-21 ADOPTED by the following vote:

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

210312 [Accept and Expend In-Kind Grant - Retroactive - Dogpatch and Northwest Potrero Hill Green Benefit District - Esprit Park Renovation Design Grant - Valued at Approximately $835,000] Sponsors: Mayor; Walton Resolution retroactively authorizing the Recreation and Park Department to accept and expend an in-kind grant valued at approximately $835,000 from the Dogpatch and Northwest Potrero Hill Green Benefit District of design services for the Esprit Park renovation project, for the project term of March 1, 2021, through December 31, 2023. (Recreation and Park Department) Privilege of the floor was granted unanimously to Nathan Tinclair (Recreation and Park Department) and Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Chan, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 11, 2021. The motion FAILED by the following vote:

Ayes: Chan, Peskin, Safai

Noes: Haney, Mandelman, Mar, Melgar, Preston, Ronen, Stefani, Walton

ADOPTED by the following vote:

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

Supervisor Walton, seconded by Supervisor Preston, moved to rescind the previous vote. The motion carried by the following vote:

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

Supervisor Peskin, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 11, 2021. The motion carried by the following vote:

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

210280 [Lease Amendment - Skyline Concessions, Inc. - Boarding Area E Newsstand Lease, a Small Business Enterprise Set-Aside Lease No. 13-0136 - Term Extension] Resolution approving Amendment No. 2 to the Boarding Area E Newsstand Lease, a Small Business Enterprise Set-Aside Lease No. 13-0136, between Skyline Concessions, Inc., as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, as landlord, to extend the Lease by two years and six months, for an extension of the term to no later than June 30, 2023, with a condition that the Airport Director, at his sole and absolute discretion, may terminate earlier by providing six months’ advance written notice, with no change to the current minimum annual guarantee, subject to adjustment in accordance with the terms and conditions of the Lease, effective upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 202-21 ADOPTED by the following vote:

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

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) Supervisor Mandelman, seconded by Supervisor Haney, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 18, 2021. The motion carried by the following vote:

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

Noes: Melgar

210344 [Grant Agreement Amendment - Institute on Aging - Community Living Fund - Not to Exceed $22,408,928] Resolution approving a third amendment to the grant agreement between the City and County of San Francisco and the Institute on Aging for the provision of the Community Living Fund, to extend the grant term by two years from the period of July 1, 2021, for a total term of July 1, 2019, to June 30, 2023, and to increase the amount of the grant by $10,767,634 for a revised total amount not to exceed $22,408,928. (Human Services Agency) (Fiscal Impact) Resolution No. 204-21 ADOPTED by the following vote:

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

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) Resolution No. 206-21 ADOPTED by the following vote:

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

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 $165,368,919 for a total Contract amount not to exceed $308,271,023. (Fiscal Impact) Resolution No. 207-21 ADOPTED by the following vote:

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

ntial Project, the “Project”); 4) approving and authorizing an Agreement for Purchase and Sale for acquisition of the Property (“Purchase Agreement”); 5) approving and authorizing a Ground Lease back to the Developer for a lease term of 75 years and one 24-year option to extend and an annual base rent of $15,000 in order to construct the Residential Project (“Residential Ground Lease”), and a Ground Lease back to the Developer for a lease term of 75 years and one 24-year option to extend and an annual base rent of $5,000 in order to construct the Clinic Project (“Clinic Ground Lease”); 6) adopting findings that the Purchase Agreement, Loan Agreement, Residential Ground Lease, and Clinic Ground Lease are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and 7) authorizing the Director of Property and/or the Director of MOHCD to execute the Purchase Agreement, Loan Agreement, Residential Ground Lease, and Clinic Ground Lease, make certain modifications to such agreements, as defined herein, and take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Resolution No. 208-21 ADOPTED by the following vote:

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

e note in one or more series in an aggregate principal amount not to exceed $75,000,000 for the purpose of providing financing for the construction of a 137-unit multifamily rental housing project known as “4840 Mission Apartments;” approving the form of and authorizing the execution of a funding loan agreement, providing the terms and conditions of the loan from the funding lender to the City, and the execution and delivery of the note; approving the form of and authorizing the execution of a project loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents, as defined herein; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 209-21 ADOPTED by the following vote:

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

210286 [Planning Code - Landmark Designation - Lyon-Martin House, 651 Duncan Street] Sponsors: Mandelman; Preston, Peskin, Safai, Mar and Chan Ordinance amending the Planning Code to designate Lyon-Martin House, 651 Duncan Street, Assessor’s Parcel Block No. 6604, Lot No. 036, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Mar 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

210059 [Supporting California State Senate Bill No. 110 (Wiener) - Recovery Incentives Act] Sponsors: Safai; Stefani, Haney, Mar, Mandelman, Ronen, Melgar, Preston and Walton Resolution supporting California State Senate Bill No. 110, also known as the Recovery Incentives Act, authored by Senator Scott Wiener, and introduced on January 11, 2021, which would legalize the substance use disorder treatment known as contingency management, an incentive based program that gives financial rewards to those struggling with a substance use disorder if they enter substance use treatment programs and authorize Medi-Cal to cover it. Supervisors Mandelman, Ronen, Melgar, Preston, and Walton requested to be added as co-sponsors. Resolution No. 197-21 ADOPTED by the following vote:

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

210210 [Liquor License Transfer - 535 Scott Street - Lucinda’s Deli & More] Resolution determining that the transfer of a Type-20 off-sale beer and wine liquor license to Lucinda's Deli and More, LLC, doing business as Lucinda's Deli & More, located at 535 Scott Street (District 5), 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. 198-21 ADOPTED by the following vote:

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

210253 [Liquor License Issuance - 2166 Market Street - The Academy] Resolution determining that the issuance of a Type-57 special on-sale general beer, wine, and distilled spirits liquor license to Two Gents, LLC, to do business as The Academy located at 2166 Market 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. 199-21 ADOPTED by the following vote:

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

210264 [Supporting California State Senate Bill No. 299 (Leyva) - Victim Compensation: Use of Force by a Peace Officer] Sponsors: Safai; Walton, Haney, Chan and Mandelman Resolution supporting California State Senate Bill No. 299, authored by Senator Connie Leyva (SD-20) and introduced on February 3, 2021, to remove barriers faced by victims and families of peace officer violence with the California Victim Compensation Board Fund. Supervisors Chan and Mandelman requested to be added as co-sponsors. Resolution No. 201-21 ADOPTED by the following vote:

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

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. Motion No. M21-073 APPROVED by the following vote:

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

210417 [Appointments, African American Reparations Advisory Committee - J. L. Taylor, T. Hollins, E. McDonnell, A. Brown, O. Hamilton, N. Cunningham, G. Berry, D. Landry, T. Walker-Carter, G. Brown, A. Ekanem, S. Williams, S. O’Cain, L. Erving, and Y. Harris] Motion appointing James Lance Taylor (residency requirement waived), Tinisch Hollins (residency requirement waived), Eric McDonnell, Amos Brown, Omerede ‘Rico’ Hamilton, Nikcole Cunningham, Gloria Berry, Daniel Landry, Tiffany Walker-Carter, Gwendolyn Brown, Anietie Ekanem, Starr Williams, Shakeyla O’Cain, Laticia Erving, and Yolanda Harris, for indefinite terms, to the African American Reparations Advisory Committee. (Rules Committee) Motion No. M21-074 APPROVED by the following vote:

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

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. Resolution No. 205-21 ADOPTED by the following vote:

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

SED SESSION The following Members were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Persons in attendance: Anne Pearson, Ronald Flynn, and Yvonne Mere, Deputy City Attorneys (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board of Supervisors reconvened at the hour of 4:37 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 HEARD IN CLOSED SESSION City and County of San Francisco Page 375 Printed at 1:52 pm on 6/11/21 Board of Supervisors Meeting Minutes 5/4/2021 [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 Peskin, seconded by Supervisor Preston, 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

f 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) PASSED ON FIRST READING by the following vote:

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

210471 [Adoption of Findings Related to Conditional Use Authorization - 590 Second Avenue] Motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 20849, regarding the Conditional Use Authorization identified as Planning Case No. 2019-015984CUA, which approved the installation of a wireless telecommunications facility consisting of ten panel antennae, for a proposed project at 590 Second Avenue. (Clerk of the Board) Motion No. M21-075 APPROVED The foregoing items were acted upon by the following vote:

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

sco Police Department insignia on uniforms and vehicles for the television series, Nash Bridges. Supervisor Peskin provided a friendly amendment on Page 1, Lines 15-18, by adding ‘WHEREAS, The Series is an all-union production, in alignment with San Francisco’s labor harmony principals, utilizing members of the Directors Guild of America (DGA), the Screen Actors Guild (SAG0, and the International Alliance of Theatrical State Employees (IATSE) Local 16, and’. Supervisor Stefani accepted the amendment as part of her Amendment of the Whole. Supervisor Stefani, seconded by Supervisor Safai, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 19-21, by striking ‘The Board of Supervisors finds that the use of the SFPD insignia in the Series will enhance the image of the SFPD and is in the best interests of the City’ and adding ‘The Board of Supervisors finds that the use of the SFPD insignia in the series will enhance San Francisco’s image as a premier location for film and television productions to film and is in the best interests of the City’; and the amendment as provided by Supervisor Peskin. The motion carried by the following vote:

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

Resolution No. 196-21 ADOPTED AS AMENDED by the following vote:

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