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BOARD OF SUPERVISORS
CITY AND COUNTY OF SAN FRANCISCO
AGENDA
Legislative Chamber, Room 250
City Hall, 1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
Watch SF Cable Channel 26, 78, or 99 (depending on your provider)
Watch www.sfgovtv.org
PUBLIC COMMENT CALL-IN
1 (415) 655-0001/ Meeting ID: 2484 049 5457 # #
Tuesday, September 14, 2021 - 2:00 PM
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
Agendas of the Board of Supervisors are available on the internet at www.sfbos.org
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.
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Agenda Item Information
Each item on the Consent or Regular agenda may include the following documents:
1) Legislation
2) Budget and Legislative Analyst report
3) Department or Agency cover letter and/or report
4) Public correspondence
These items will be available for review at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, Reception Desk.
Meeting Procedures
The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board has several
standing committees where ordinances and resolutions are the subject of hearings at which members of the public
are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in
committee.
Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements
by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar
sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and 4) standing in the
meeting room.
Each member of the public will be allotted the same maximum number of minutes to speak as set by the President
or Chair at the beginning of each item or public comment, excluding City representatives, except that public
speakers using interpretation assistance will be allowed to testify for twice the amount of the public testimony time
limit. If simultaneous interpretation services are used, speakers will be governed by the public testimony time limit
applied to speakers not requesting interpretation assistance. Members of the public who want a document displayed
should provide in advance of the meeting to the Clerk of the Board (bos.legislation@sfgov.org), clearly state such
during testimony, and subsequently request the document be removed when they want the screen to return to live
coverage of the meeting.
IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons unable to
attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the
agenda items. These comments will be made a part of the official public record and shall be brought to the attention
of the Board of Supervisors. Written communications expected to be made a part of the official file should be
submitted to the Clerk of the Board or Clerk of a Committee: 1 Dr. Carlton B. Goodlett Place, Room 244, San
Francisco, CA 94102. Communications which are not received prior to the hearing may be delivered to the Clerk of
the Board or Clerk of the Committee at the hearing and you are encouraged to bring enough copies for distribution
to all of its members.
COPYRIGHT: All system content that is broadcasted live during public proceedings is secured by High-bandwidth
Digital Content Protection (HDCP), which prevents copyrighted or encrypted content from being displayed or
transmitted through unauthorized devices. Members of the public who wish to utilize chamber digital, audio and
visual technology may not display copyrighted or encrypted content during public proceedings.
AGENDA PACKET: Available on the internet at http://www.sfbos.org/meetings. Meetings are cablecast on
SFGovTV, the Government Channel 26. For DVD copies and scheduling call (415) 554-4188.
LANGUAGE INTERPRETERS: Language services are available in Spanish, Chinese and Filipino at all regular
and special Board and Committee meetings if made at least 48 hours in advance of the meeting to help ensure
availability. For more information or to request services: Contact Wilson Ng or Arthur Khoo at (415) 554-5184.
所有常規及特別市參事委員會會議(Board meetings)除委員會會議(Committee meetings)將予以提供
西班牙文,菲律賓文,及中文的語言服務,但須在會議前最少48小時作出請求,旨在確保服務屆時可予以提
供。更多資訊或請求有關服務, 請致電 (415) 554-7719聯絡Linda Wong.
AVISO EN ESPAÑOL: Los servicios de idiomas están disponibles en español, chino, y filipino en todas las
reuniones regulares y reuniones especiales de la Junta, de los Comités, si se solicita por lo menos 48 horas antes de
la reunión para ayudar a garantizar su disponibilidad. Para más información o solicitar servicios, por favor
contactar a (415) 554-5184.
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PAUNAWA: Mayroong serbisyong pang-wika sa Espanyol, Tsino at Pilipino para sa lahat ng mga regular at
espesyal na pagpupulong ng Board, at Komite ng Board. Sa kasalukuyan, mayroong serbisyo sa wikang Pilipino na
maaaring hilingin, 48 oras (o mas maaga) bago ng pagpupulong upang matiyak na matutugunan ang inyong
kahilingan. Para sa karagdagang impormasyon o para humiling ng serbisyo pang-wika, tawagan lamang ang (415)
554-5184.
Americans with Disabilities Act (ADA)
The ADA is a civil rights law that protects people with different types of disabilities from discrimination in all
aspects of social life. More specifically, Title II of the ADA requires that all programs offered through the state and
local government such as the City and County of San Francisco must be accessible and usable to people with
disabilities. The ADA and City policy require that people with disabilities have equal access to all City services,
activities, and benefits. People with disabilities must have an equal opportunity to participate in the programs and
services offered through the City and County of San Francisco. If you believe your rights under the ADA are
violated, contact the ADA Coordinator.
Ordinance 90-10 added Section 2A.22.3 to the Administrative Code, which adopted a Citywide Americans with
Disabilities Act Reasonable Modification Policy that requires City departments to: (1) provide notice to the public
of the right to request reasonable modification; (2) respond promptly to such requests; (3) provide appropriate
auxiliary aids and services to people with disabilities to ensure effective communication; and (4) train staff to
respond to requests from the public for reasonable modification, and that requires the Mayor's Office on Disability
to provide technical assistance to City departments responding to requests from the public for reasonable
modifications.
The Board of Supervisors and Office of the Clerk of the Board support the Mayor’s Office on Disability to help
make San Francisco a city where all people enjoy equal rights, equal opportunity, and freedom from illegal
discrimination under disability rights laws.
Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the Government Channel 26.
Board and Committee meeting agendas and minutes are available on the Board’s website (www.sfbos.org) and
adhere to web development guidelines based upon the Federal Access Board’s Section 508 Guidelines. To request
sign language interpreters, readers, large print agendas or other accommodations, please contact (415) 554-5184 or
(415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability.
If further assistance is needed, please contact Wilson Ng at (415) 554-5184 (wilson.l.ng@sfgov.org).
Know Your Rights Under The Sunshine Ordinance
Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards,
councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures
that deliberations are conducted before the people and that City operations are open to the people's review. For
information on your rights under the Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) or to
report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett
Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-5163; or by email at
sotf@sfgov.org. Citizens may obtain a free company of the Sunshine Ordinance by printing the San Francisco
Administrative Code, Chapter 67, on the Internet at http://www.sfbos.org/sunshine.
Ethics Requirements
Individuals and entities that influence or attempt to influence local legislative or administrative action may be
required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code, Section 2.100]
to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San
Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415)
252-3100; fax (415) 252-3112; web site http://www.sfgov.org/ethics.
Under Campaign and Governmental Conduct Code, Section 1.127, no person or entity with a financial interest in a
land use matter pending before the Board of Appeals, Board of Supervisors, Building Inspection Commission,
Commission on Community Investment and Infrastructure, Historic Preservation Commission, Planning
Commission, Port Commission, or the Treasure Island Development Authority Board of Directors, may make a
campaign contribution to a member of the Board of Supervisors, the Mayor, the City Attorney, or a candidate for
any of those offices, from the date the land use matter commenced until 12 months after the board or commission
has made a final decision, or any appeal to another City agency from that decision has been resolved. For more
information about this restriction, visit sfethics.org.
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
Remote Access to Information and Participation
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.
On March 17, 2020, the Board of Supervisors (Board) authorized their Board and
Committee meetings to convene remotely and will allow remote public comment via
teleconference. Effective June 29, 2021, the Board and staff began to reconvene for
in-person Board proceedings. Committee meetings will continue to convene remotely
until further notice. 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.
PUBLIC COMMENT CALL-IN
1 (415) 655-0001 / Meeting ID: 2484 049 5457 # #
ROLL CALL AND PLEDGE OF ALLEGIANCE
Pursuant to Board Rule 4.7.1 the President shall present the ancestral homeland
acknowledgement of the Ramaytush Ohlone, who are the original inhabitants of the San
Francisco Peninsula.
COMMUNICATIONS
AGENDA CHANGES
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
CONSENT AGENDA
All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of
Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate
discussion of these items unless a member of the Board so requests, in which event the matter shall
be removed from the Consent Agenda and considered as a separate item.
Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as
indicated.
Items 1 through 4
Recommendation of the Budget and Finance Committee
Present: Supervisors Haney, Safai, Mar
1. 210762 [Administrative Code - Eviction of Commercial Tenants for Unpaid Rent Due
to COVID-19 Financial Impacts]
Sponsors: Safai; Haney, Mar and Mandelman
Ordinance amending the Administrative Code to revise the eviction protections for
commercial tenants related to unpaid rent due to financial impacts from the COVID-19
pandemic to create a six-month forbearance period for tenants with between 50 and 99
full-time employees, and to authorize the Office of Economic and Workforce
Development to create incentive programs to encourage landlords and tenants to agree
to repayment plans.
09/07/2021; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
Recommendation of the Land Use and Transportation Committee
Present: Supervisors Melgar, Preston, Peskin
2. 201151 [Various Codes - Construction and Demolition Debris Recovery]
Sponsors: Safai; Walton and Mandelman
Ordinance amending the Environment, Public Works, Health, and Administrative Codes
to require transporters of construction and demolition debris to obtain a temporary or
annual permit from the Department of Environment for each vehicle and debris box used
for such transport and to comply with permit conditions; to require facilities that process
such debris to comply with updated registration conditions; to require each person who
conducts full demolition projects as permitted by the Department of Building Inspection
and submits to the Director of the Department of Environment a material reduction and
recovery plan to provide for at least 75% recovery away from disposal instead of 65% as
required under existing law, and to verify this recovery rate after completing the project;
to authorize the Director to impose administrative penalties for violations; and affirming
the Planning Department’s determination under the California Environmental Quality Act.
09/07/2021; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
Recommendation of the Public Safety and Neighborhood Services Committee
Present: Supervisors Mar, Stefani, Haney
3. 210540 [Police Code - “Ghost Guns”]
Sponsors: Stefani; Mandelman, Mar, Haney, Safai, Melgar, Ronen and Walton
Ordinance amending the Police Code to prohibit any person other than a licensed
manufacturer or importer from possessing, selling, offering for sale, transferring,
purchasing, transporting, receiving, or manufacturing an unfinished firearm frame or
receiver that has not been imprinted with a serial number, subject to certain exceptions;
and prohibiting any person from manufacturing or assembling a firearm that has not
been imprinted with a serial number, subject to certain exceptions.
09/07/2021; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
Recommendation of the Rules Committee
Present: Supervisors Peskin, Mandelman, Chan
4. 210677 [Administrative Code - Composition of Committee on Information Technology
(COIT)]
Sponsors: Walton; Preston, Haney, Mar, Chan, Ronen, Peskin, Mandelman and
Safai
Ordinance amending the Administrative Code to add the Clerk of the Board of
Supervisors and the Executive Director of the Human Rights Commission as permanent
members of the Committee on Information Technology (COIT).
09/07/2021; PASSED ON FIRST READING.
Question: Shall this Ordinance be FINALLY PASSED?
REGULAR AGENDA
UNFINISHED BUSINESS
Recommendation of the Budget and Finance Committee
Present: Supervisors Haney, Safai, Mar
5. 210815 [Accept and Expend Grant - Retroactive - Department of Homeland Security
Federal Emergency Management Agency - FY2020 Port Security Grant
Program - $1,161,830]
Sponsor: Mayor
Resolution retroactively authorizing the Police Department to accept and expend a grant
in the amount of $1,161,830 from the Department of Homeland Security Federal
Emergency Management Agency for the Fiscal Year (FY) 2020 Port Security Grant
Program to upgrade the existing 3D Sonar System, purchase a Vessel Mounted Thermal
Camera System, send members to Advanced Underwater Remotely Operated Vehicle
(ROV) Operations Training, refurbish and perform deck safety upgrades on the existing
response vessel, and purchase a response vessel for the period of September 1, 2020,
through August 31, 2023, and waiving indirect costs. (Police Department)
09/07/2021; CONTINUED.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
Recommendation of the Rules Committee
Present: Supervisors Peskin, Mandelman, Chan
6. 210604 [Municipal Elections Code - Expanded Vote-by-Mail for Exclusively Municipal
Elections]
Sponsor: Safai
Ordinance amending the Municipal Elections Code to require the Department of
Elections to expand use of vote-by-mail ballots at exclusively municipal elections and
encourage further use of vote-by-mail ballots in all elections.
09/07/2021; AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE.
09/07/2021; PASSED ON FIRST READING AS AMENDED.
Question: Shall this Ordinance be FINALLY PASSED?
NEW BUSINESS
Recommendations of the Budget and Finance Committee
Present: Supervisor Haney, Safai, Mar
7. 210742 [Accept and Expend Grant - Retroactive - John D. and Catherine T. MacArthur
Foundation - Safety and Justice Challenge - Amendment to the Annual Salary
Ordinance for FYs 2020-2021 and 2021-2022 - $2,000,000]
Sponsor: Ronen
Ordinance retroactively authorizing the Office of the District Attorney to accept and
expend a grant in the amount of $2,000,000 from the John D. and Catherine T.
MacArthur Foundation to support San Francisco’s participation as an implementation site
in the Safety and Justice Challenge, and amending Ordinance No. 166-20 (Annual Salary
Ordinance File No. 200568 for Fiscal Years (FYs) 2020-2021 and 2021-2022) to provide
for the addition of one grant funded Class 1824 Principal Administrative Analyst position
(FTE 1.0) at the Office of the District Attorney for the period of January 1, 2021, through
December 31, 2022. (District Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
8. 210743 [Accept and Expend Grant - Retroactive - U.S. Department of Justice - Justice
Reinvestment Initiative - Amendment to Annual Salary Ordinance - FYs
2020-2021 and 2021-2022 - $1,000,000]
Sponsor: Walton
Ordinance retroactively authorizing the Office of the District Attorney to accept and
expend a grant in the amount of $1,000,000 from the U.S. Department of Justice to fund
the Justice Reinvestment Initiative; and amending Ordinance No. 166-20 (Annual Salary
Ordinance File No. 200568 for Fiscal Years (FYs) 2020-2021 and 2021-2022) to provide
for the addition of two grant funded Class 8133 Victim/Witness Investigator III positions
(FTE 2.0) in the Office of the District Attorney for the period of October 1, 2020, through
September 30, 2023. (District Attorney)
Question: Shall this Ordinance be PASSED ON FIRST READING?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
9. 210828 [Business and Tax Regulations Code - Administrative Provisions]
Ordinance amending the Business and Tax Regulations Code to revise its common
administrative provisions and other provisions to implement Proposition F amending the
gross receipts tax and repealing the payroll expense tax and Proposition L imposing the
overpaid executive gross receipts tax, approved at the November 3, 2020, election, and
make clarifying and other nonsubstantive changes. (Treasurer-Tax Collector)
Question: Shall this Ordinance be PASSED ON FIRST READING?
10. 210164 [Lease Agreement - HG SFO Retailers 2017 JV, a joint venture dba Green
Apple Books - Harvey Milk Terminal 1 Retail Concession Lease No.12 -
$460,000 Minimum Annual Guarantee]
Resolution approving the Harvey Milk Terminal 1 Retail Concession Lease No. 12 -
Lease No. 20-0047, between HG SFO Retailers 2017 JV, a joint venture dba Green
Apple Books, and the City and County of San Francisco, acting by and through its Airport
Commission, for a term of twelve years, and a minimum annual guarantee of $460,000
for the first year of the Lease, to commence upon Board approval. (Airport Commission)
Question: Shall this Resolution be ADOPTED?
11. 210675 [Lease Agreement - Genesco Partners Joint Ventures #11 - Harvey Milk
Terminal 1 Retail Concession - $365,000 Minimum Annual Guarantee]
Resolution approving the Harvey Milk Terminal 1 Retail Concession Lease No. 11 -
Lease No. 20-0046, between Genesco Partners Joint Ventures #11, a joint venture of
Genesco, Inc. and Corliss Stone-Littles, LLC, as joint tenants, dba Johnston & Murphy,
and the City and County of San Francisco, acting by and through its Airport Commission,
for a term of 12 years, and a minimum annual guarantee of $365,000 for the first year of
the Lease, to commence upon Board approval. (Airport Commission)
Question: Shall this Resolution be ADOPTED?
12. 210676 [Lease Agreement - Culinary Heights Hospitality - Harvey Milk Terminal 1
Food and Beverage Concession Leases in Phases 3 and 4 - Lease 13, Lease
No. 20-0043 - $385,000 Minimum Annual Guarantee]
Resolution approving the Harvey Milk Terminal 1 Food and Beverage Concession
Leases in Phases 3 and 4 - Lease 13, Lease No. 20-0043 between Culinary Heights
Hospitality, and the City and County of San Francisco, acting by and through its Airport
Commission, for a term of 12 years with one two-year option to extend at the Airport’s
sole discretion, and a minimum annual guarantee of $385,000 for the first year of the
Lease, to commence upon approval by the Board of Supervisors. (Airport Commission)
Question: Shall this Resolution be ADOPTED?
13. 210736 [Lease Agreement - ProperFood SFO Airport, LLC - Harvey Milk Terminal 1
Food and Beverage Concession Lease in Phases 3 and 4 - Lease 10, Lease
No. 20-0041 - $275,000 Minimum Annual Guarantee]
Resolution approving the Harvey Milk Terminal 1 Food and Beverage Concession Lease
in Phases 3 and 4 - Lease 10, Lease No. 20-0041 between ProperFood SFO Airport,
LLC, and the City and County of San Francisco, acting by and through its Airport
Commission, for a term of 12 years with one two-year option to extend at the Airport’s
sole discretion, to commence upon approval by the Board of Supervisors, and a
minimum annual guarantee of $275,000 for the first year of the Lease. (Airport
Commission)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
14. 210796 [Airport Professional Services Agreement Modification - Vanderlande
Industries Inc. - Operate, Maintain and Repair Airport-Owned Passenger
Boarding Bridges and Baggage Handling Systems - Not to Exceed
$16,610,647]
Resolution approving Modification No. 3 to Airport Contract No. 50030.01, Vanderlande
Industries Inc., to increase the contract amount by $3,862,816 for a new not to exceed
contract amount of $16,610,647 to operate, maintain, and repair Airport-owned
passenger boarding bridges and baggage handling systems in the domestic terminals;
and to extend the contract term by one-year from October 1, 2021, through September
30, 2022, pursuant to Charter, Section 9.1189(b), to commence following Board
approval. (Airport Commission)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
15. 210774 [Real Property Lease Extension - BC Capp, LLC - Homeless Resource Center -
165 Capp Street - $270,685 Annual Base Rent]
Sponsors: Mayor; Ronen
Resolution authorizing the Director of Property, on behalf of the Department of
Homelessness and Supportive Housing, to exercise a Lease Extension Option for the
real property located at 165 Capp Street, with BC Capp, LLC for continued operation of
an approximately 6,500 square foot building as a neighborhood drop-in and referral
center and administrative offices serving people experiencing homelessness, for an
approximately five-year term commencing on September 22, 2021, through September
30, 2026, at the monthly base rent of $22,557 for a total annual base rent of $270,685
with no rent payable for the month of October 2021.
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
16. 210813 [Lease Agreement - Pilara Family Foundation - Pier 24 Annex - Minimum Base
Rent of $92,857.40 Per Month]
Sponsor: Mayor
Resolution authorizing a new lease between the Port of San Francisco and the Pilara
Family Foundation for the premises located at Pier 24 Annex on The Embarcadero for a
term of approximately three years and ten months to commence following Board
approval at a monthly rent of $92,857.40 with a monthly rent credit of $87,122.09 in
respect of previously completed capital improvements to the property. (Port)
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
17. 210837 [Apply for Grant - Department of Housing and Community Development Infill
Infrastructure Program - Balboa Reservoir Project]
Sponsors: Mayor; Melgar
Resolution authorizing the Mayor’s Office of Housing and Community Development, on
behalf of the City and County of San Francisco, to execute a grant application, as defined
herein, under the Department of Housing and Community Development Infill
Infrastructure (“IIG”) Program for the project area located generally north of the Ocean
Avenue commercial district, west of City College of San Francisco Ocean Campus, east
of the Westwood Park neighborhood, and south of Archbishop Riodan High School
(“Balboa Reservoir”); authorizing the City to assume liability for completion of the project
required by the terms of any grant awarded under the IIG Program; and adopting findings
under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and
Administrative Code, Chapter 31.
Question: Shall this Resolution be ADOPTED?
18. 210838 [Contract Modification - Siemens Mobility, Inc. - Option for 30 Light Rail
Vehicles - $130,409,780 Plus Escalation Costs]
Sponsors: Mayor; Mandelman and Melgar
Resolution approving Modification No. 10 to Municipal Transportation Agency Contract
No. 2013-19: Procurement of New Light Rail Vehicles, with Siemens Mobility, Inc., to
exercise an option to procure 30 additional light rail vehicles in the amount of
$130,409,780 plus applicable escalation costs, with cancellation provisions through June
2025, with no increase in the total Contract price or in the term of the Contract.
(Municipal Transportation Agency)
(Fiscal Impact)
Question: Shall this Resolution be ADOPTED?
19. 210875 [Accept and Expend Grant - California Department of Housing and Community
Development - Permanent Local Housing Allocation Program - $52,308,210]
Sponsor: Mayor
Resolution authorizing the Mayor’s Office of Housing and Community Development
(MOHCD), on behalf of the City and County of San Francisco, to execute the annual
Standard Agreements with the California Department of Housing and Community
Development under the Permanent Local Housing Allocation Program for a total award
of $52,308,210 for the period starting on the execution date of the Standard Agreements
through June 30, 2030, and authorizing MOHCD to accept and expend the grant of
$52,308,210 for programming approved by the California Department of Housing and
Community Development.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
20. 210876 [Accept and Expend Grant - California Department of Housing and Community
Development - Housing for Healthy California Program - $6,798,810]
Sponsor: Mayor
Resolution authorizing the Mayor’s Office of Housing and Community Development
(MOHCD), on behalf of the City and County of San Francisco, to execute the Standard
Agreement with the California Department of Housing and Community Development
(HCD) under the Housing for Healthy California Program for a total award of $6,798,810
for the period starting on the execution date of the Standard Agreement through June 30,
2024, and authorizing MOHCD to accept and expend the grant of $6,798,810 for
programming approved by HCD.
Question: Shall this Resolution be ADOPTED?
SPECIAL ORDER 2:30 P.M. - Recognition of Commendations
In accordance with the "Declaration of Local Health Emergency Regarding Novel
Coronavirus Disease 2019 (COVID-19)," special commendations have been suspended.
COMMITTEE REPORTS
Reports from committees, if any, recommending emergency or urgent measures.
The following item will be considered by the Land Use and Transportation Committee at
a Regular Meeting on Monday, September 13, 2021, at 1:30 p.m. The Chair intends to
request the Committee to send the following item as a Committee Report on Tuesday,
September 14, 2021.
21. 210535 [Planning Code - Conditional Use Authorization Requirements Regarding
Residential Care Facilities]
Sponsors: Mandelman; Ronen
Ordinance amending the Planning Code to eliminate the requirement of Conditional Use
Authorization for Residential Care Facilities for seven or more people in Residential,
House (RH) Districts; require Conditional Use Authorization for a change of use or
demolition of a Residential Care Facility, and consideration of certain factors in
determining whether to grant Conditional Use Authorization; affirming the Planning
Department’s determination under the California Environmental Quality Act; and making
findings of consistency with the General Plan, the eight priority policies of Planning Code,
Section 101.1, and public necessity, convenience, and general welfare findings pursuant
to Planning Code, Section 302.
Question: Shall this Ordinance be PASSED ON FIRST READING?
22. ROLL CALL FOR INTRODUCTIONS
Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters
of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body
activities.
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
23. PUBLIC COMMENT
An opportunity for members of the public to directly address the Board on items of interest to the public
that are within the subject matter jurisdiction of the Board, including items being considered today
which have not been considered by a Board committee and excluding items which have been
considered by a Board committee. Members of the public may address the Board for up to three
minutes. Each member of the public will be allotted the same number of minutes to speak, except that
public speakers using translation assistance will be allowed to testify for twice the amount of the public
testimony time limit. If simultaneous translation services are used, speakers will be governed by the
public testimony time limit applied to speakers not requesting translation assistance. The President or
the Board may limit the total testimony to 30 minutes.
Members of the public who want a document placed on the overhead for display should clearly state
such and subsequently remove the document when they want the screen to return to live coverage of
the meeting.
PUBLIC COMMENT CALL-IN
1 (415) 655-0001 / Meeting ID: 2484 049 5457 # #
CLOSED SESSION
CONFERENCE WITH CITY ATTORNEY - Existing Litigation
(Scheduled pursuant to a motion made and approved on July 27, 2021, during action at
the Board of Supervisors meeting for File No. 210528.)
24. 210895 [Closed Session - Settlement of Unlitigated Claims - Wing Lok (“Walter”)
Wong; W. Wong Construction, et al. - City to Receive Settlement Payments
and Credits Totaling $1,772,271.64 - September 14, 2021]
Closed Session for the Board of Supervisors to convene on September 14, 2021, for the
purpose of conferring with, or receiving advice from the City Attorney, pursuant to
California Government Code, Section 54956.9, and San Francisco Administrative Code,
Section 67.10(d)(1), regarding approving a settlement of unlitigated claims against Wing
Lok “Walter” Wong; W. Wong Construction; Alternate Choice, LLC; Jaidin Consulting
Group, LLC; and Jaidin International Ventures, LLC, (collectively “the Wong Parties”) for
payments and credits totaling $1,772,271.64; the claims involve allegations that the
Wong Parties provided gifts to officials of the City and County of San Francisco (“the
City”) in exchange for the unlawful award of City contracts to the Wong Parties, failure to
report contacts with City officials, and failure to report contributions to political campaigns
as required under City law; other material terms of the settlement are that the Wong
Parties will not do business with the City, including as permit expediters, for five years;
scheduled pursuant to a motion made and approved on July 27, 2021, during action at
the Board of Supervisors meeting for File No. 210528. (Clerk of the Board)
Closed Session: The Board of Supervisors shall confer with the City Attorney.
[Elect To Disclose]
Motion that the Board finds it is in the best interest of the public that the Board elect at this time to
disclose its closed session deliberations.
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Board of Supervisors Meeting Agenda Tuesday, September 14, 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.
After a closed session, if one occurs, pending approval of above action to disclose, the President shall
(1) request the Deputy City Attorney to identify the subjects discussed in the closed session, and (2)
direct the Clerk of the Board to report the vote taken on any motion in the closed session.
Referred Without Recommendation from the Government Audit and Oversight
Committee
Present: Supervisors Preston, Mandelman
25. 210528 [Settlement of Unlitigated Claims - Wing Lok (“Walter”) Wong; W. Wong
Construction; Alternate Choice, LLC; Jaidin Consulting Group, LLC; and
Jaidin International Ventures, LLC - City to Receive Settlement Payments and
Credits Totaling $1,772,271.64]
Resolution approving settlement of unlitigated claims against Wing Lok “Walter” Wong;
W. Wong Construction; Alternate Choice, LLC; Jaidin Consulting Group, LLC; and Jaidin
International Ventures, LLC, (collectively “the Wong Parties”) for payments and credits
totaling $1,772,271.64; the claims involve allegations that the Wong Parties provided
gifts to officials of the City and County of San Francisco (“the City”) in exchange for the
unlawful award of City contracts to the Wong Parties, failure to report contacts with City
officials, and failure to report contributions to political campaigns as required under City
law; other material terms of the settlement are that the Wong Parties will not do business
with the City, including as permit expediters, for five years. (City Attorney)
07/27/2021; CONTINUED.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
FOR ADOPTION WITHOUT COMMITTEE REFERENCE
These measures were introduced for adoption without committee reference. A unanimous vote is
required for adoption of these resolutions today. Any Supervisor may require any resolution to go
to committee.
Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or
approved, as indicated.
(PUBLIC COMMENT for Items 26 through 31 will be taken during Item 23 - General
Public Comment.)
Items 26 through 31
26. 210947 [Urging the California Supreme Court to Restore LGBTQ Anti-Discrimination
Protections]
Sponsors: Mandelman; Stefani, Melgar, Mar, Chan and Walton
Resolution urging the California Supreme Court to review the Third District Court of
Appeals ruling in Taking Offense v. California and restore anti-discrimination protections
for LGBTQ residents of long-term care facilities.
09/07/2021; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
27. 210948 [Urging Uniform Standards for Healthcare Facilities to Fulfill Vaccine
Mandate]
Sponsor: Mar
Resolution urging the Department of Public Health to set uniform standards for
healthcare facilities to fulfill the California Department of Public Health order mandating
vaccinations for health care staff, and for healthcare providers to provide support for their
workers including on-site vaccinations and supplemental paid time off.
09/07/2021; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
28. 210951 [Urging Full Compliance for California Proposition 12 - Prevention of Cruelty
to Farm Animals]
Sponsor: Safai
Resolution urging full compliance of California’s 2018 Proposition 12, the Prevention of
Cruelty to Farm Animals; and urging compliance by January 1, 2022.
09/07/2021; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
29. 210953 [FemTruth Young Womxn’s Health Awareness Month - September 2021]
Sponsors: Walton; Ronen, Stefani, Melgar and Chan
Resolution recognizing September 2021 as FemTruth Young Womxn’s Health
Awareness Month.
09/07/2021; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
30. 210955 [Recognizing Abortion as Healthcare - Condemning Texas Senate Bill 8]
Sponsors: Melgar; Ronen, Stefani, Chan, Walton, Safai, Mandelman and Haney
Resolution recognizing Abortion as Healthcare, objecting to Texas Senate Bill 8 and
urging approaches that uplift autonomy for women and other birthing people; urging the
Biden Administration and Congress to pass legislation protecting Reproductive Rights;
and declaring the City and County of San Francisco a Champion of Reproductive
Freedom and Justice.
09/07/2021; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Resolution be ADOPTED?
31. 210900 [Appointment, Bicycle Advisory Committee - Ariel Earnhardt]
Motion appointing Ariel Earnhardt, term ending November 19, 2022, to the Bicycle
Advisory Committee. (Clerk of the Board)
Ariel Earnhardt, Seat 4, succeeding Maelig Morvan, resigned, must be a nominee of the
District 4 Supervisor, to serve for a two-year term ending November 19, 2022, or for the
tenure of the nominating Supervisor, whichever is shorter in duration.
09/07/2021; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT
BOARD MEETING.
Question: Shall this Motion be APPROVED?
32. IMPERATIVE AGENDA
Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M.
Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the
Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown
Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous
vote is required for the resolution(s).
[Serious Injury Finding]
Motion that the Board find that for the resolution(s) being considered at this time "the need to take
action is so imperative as to threaten serious injury to the public interest if action is deferred to a later
meeting."
[Purely Commendatory Finding]
Motion that the Board find that the resolution(s) being considered at this time are purely
commendatory.
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
[Brown Act Finding]
Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time,
there is a need to take immediate action. The need to take action came to the attention of the City
and County of San Francisco after the agenda was posted.
(PUBLIC COMMENT WILL BE TAKEN on any Imperative Agenda item introduced.)
1 (415) 655-0001 / Meeting ID: 2484 049 5457 # #
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.
Legislation Introduced will appear on the Final Minutes for this meeting. Once the
Legislation Introduced is approved, it will be available on
http://www.sfbos.org/legislation_introduced.
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 RESOLUTION
210931 [Accept and Expend Grant - Retroactive - California Victim Compensation
Board - Compensation for Crime Victims - $2,530,990.23]
Resolution retroactively authorizing the Office of the District Attorney to accept and
expend a grant in the amount of $2,530,990.23 from the California Victim Compensation
Board for a project, entitled “Joint Powers Agreement,” to assist victims and witnesses
with compensation claims for the period July 1, 2021, through June 30, 2024. (District
Attorney)
09/02/2021; RECEIVED FROM DEPARTMENT.
09/14/2021; RECEIVED AND ASSIGNED to the Budget and Finance Committee.
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
210956 [Petitions and Communications]
Petitions and Communications received from September 2, 2021, through September 9,
2021, for reference by the President to Committee considering related matters, or to be
ordered filed by the Clerk on September 14, 2021.
Personal information that is provided in communications to the Board of Supervisors is
subject to disclosure under the California Public Records Act and the San Francisco
Sunshine Ordinance. Personal information will not be redacted.
From the Juvenile Probation Commission, submitting the Juvenile Probation
Commission’s monthly report. Copy: Each Supervisor. (1)
From the San Francisco International Airport, submitting Lease Agreement for Cellular
Service Partner. File No. 210482. Copy: Each Supervisor. (2)
From the Office of the City Administrator, submitting Gift Report for Fiscal Year
2020-2021. Copy: Each Supervisor. (3)
From the Department of General Services Building Standards Commission, submitting
Letter of Determination regarding Ordinance No. 77-21. File No. 210259. Copy: Each
Supervisor. (4)
From the California Department of Parks and Recreation Office of Historic Preservation,
pursuant to Federal Regulation 36 CFR Part 60.6(c), submitting a of a letter regarding
San Francisco-Oakland Bay Bridge be place on the National Register of Historic Places
and pursuant to Executive Order N-29-20 submitting meeting notice for the State
Historical Resources Commission Quarterly Meeting. Copy: Each Supervisor. (5)
From John Smith, regarding various subjects. 3 Letters. Copy: Each Supervisor. (6)
From concerned citizens, regarding the opening of the Great Highway. 21 Letters. Copy:
Each Supervisor. (7)
From concerned citizens, regarding bicyclists blocking the Great Highway. 174 Letters.
Copy: Each Supervisor. (8)
From concerned citizens, regarding a Hearing for an Appeal of Conditional Use
Authorization for the proposed project at 450-474 O’Farrell Street. File No. 210858. 8
Letters. Copy: Each Supervisor. (9)
From concerned citizens, regarding a proposed Ordinance amending the Health,
Business and Tax Regulations Codes. File No. 210536. 31 Letters. Copy: Each
Supervisor. (10)
From Phoenix, regarding various subjects. Copy: Each Supervisor. (11)
From Connie Hendrix, regarding various subjects. Copy: Each Supervisor. (12)
From David Romano, requesting that the Board of Supervisors ban the use of
gas-powered leaf blowers. Copy: Each Supervisor. (13)
From Jacqueline Holen, regarding a Hearing for an Appeal of Conditional Use
Authorization Approval for the proposed project at 249 Texas Street. File No. 210791.
Copy: Each Supervisor. (14)
From Don Staley, regarding various subjects. Copy: Each Supervisor. (15)
From Jan Ma, regarding crime in the City. Copy: Each Supervisor. (16)
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Board of Supervisors Meeting Agenda Tuesday, September 14, 2021
From Francesca Pastine, regarding various subjects about the intersection of Shotwell
Street and 26th Street. Copy: Each Supervisor. (17)
From Roger Dawson, regarding various subjects. Copy: Each Supervisor. (18)
From concerned citizens, submitting email letters supporting the appointment of Vanita
Louie to the Recreation and Park Commission. 2 Letters. Copy: Each Supervisor. (19)
From Roger Dawson, regarding the Planning Commission Hearing regarding Case No.
2021-006353 PCA. Copy: Each Supervisor. (20)
From concerned citizens, regarding John F. Kennedy Drive. 2 Letters. Copy: Each
Supervisor. (21)
From Patricia Arack, regarding disabled persons and the covid vaccine. Copy: Each
Supervisor. (22)
From Loreen Bemardini, regarding various subjects. Copy: Each Supervisor. (23)
From concerned citizens, regarding a Hearing for Sub-Acute Care in San Francisco. File
No. 190725. 2 Letters. Copy: Each Supervisor. (24)
From We the People of the Republic for the United States of America, regarding various
subjects. Copy: Each Supervisor. (25)
ADJOURNMENT
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