Board of Supervisors Minutes: September 14, 2021

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). Ordinance No. 147-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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) Resolution No. 420-21 ADOPTED by the following vote:

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

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. Ordinance No. 146-21 FINALLY PASSED by the following vote:

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

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) PASSED ON FIRST READING by the following vote:

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

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) PASSED ON FIRST READING by the following vote:

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

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) PASSED ON FIRST READING by the following vote:

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

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) Resolution No. 413-21 ADOPTED by the following vote:

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

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) Resolution No. 415-21 ADOPTED by the following vote:

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

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) Resolution No. 416-21 ADOPTED by the following vote:

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

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) Resolution No. 417-21 ADOPTED by the following vote:

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

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) Resolution No. 418-21 ADOPTED by the following vote:

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

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) Resolution No. 412-21 ADOPTED by the following vote:

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

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) Resolution No. 419-21 ADOPTED by the following vote:

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

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. Resolution No. 421-21 ADOPTED by the following vote:

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

210838 [Contract Modification - Siemens Mobility, Inc. - Option for 30 Light Rail Vehicles - $130,409,780 Plus Escalation Costs] Sponsors: Mayor; Mandelman, Melgar and Mar 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) Supervisor Mar requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Julie Kirschbaum (Municipal Transportation Agency), Anne Pearson (Office of the City Attorney), and Sophia Kittler (Mayor’s Office) who responded to questions raised throughout the discussion. Supervisor Preston, seconded by Supervisor Chan, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of September 21, 2021. The motion carried by the following vote:

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

Noes: Melgar, Safai, Stefani

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. Resolution No. 422-21 ADOPTED by the following vote:

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

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. Resolution No. 423-21 ADOPTED by the following vote:

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

210535 [Planning Code - Conditional Use Authorization Requirements Regarding Residential Care Facilities] Sponsors: Mandelman; Ronen, Preston, Peskin, Melgar and Mar 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. PASSED ON FIRST READING by the following vote:

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

2021, during action at the Board of Supervisors meeting for File No. 210528. The following Members were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Persons in attendance: Anne Pearson and Keslie Stewart, Deputy City Attorneys (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Brent Jalipa (Office of the Clerk of the Board). The matter was heard in closed session and no action taken. HEARD IN CLOSED SESSION RECONVENED AS THE BOARD OF SUPERVISORS The Board of Supervisors reconvened at the hour of 5:54 p.m. The following Members were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton City and County of San Francisco Page 703 Printed at 8:43 pm on 10/27/21 Board of Supervisors Meeting Minutes 9/14/2021 [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. Supervisor Peskin, seconded by Supervisor Mandelman, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

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) Resolution No. 414-21 ADOPTED by the following vote:

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

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. Motion No. M21-126 APPROVED The foregoing items were acted upon by the following vote:

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

210955 [Recognizing Abortion as Healthcare - Condemning Texas Senate Bill 8] Sponsors: Melgar; Ronen, Stefani, Chan, Walton, Safai, Mandelman, Haney, Preston and Mar 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. Supervisors Preston and Mar requested to be added as co-sponsors. Resolution No. 428-21 ADOPTED by the following vote:

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