# Board of Supervisors Minutes: September 14, 2021 - Meeting date: 2021-09-14 - Document type: minutes - Pages in official PDF: 20 - [Canonical HTML transcript](https://sfbos.info/documents/790/2021-09-14-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=893803&GUID=15DF39CE-F967-4E30-82D5-7064C36BBB6B) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 210762: Administrative Code - Eviction of Commercial Tenants for Unpaid Rent Due to COVID-19 Financial Impacts - Pages: 3 ### File 201151: Various Codes - Construction and Demolition Debris Recovery - Pages: 3-4 ### File 210540: Police Code - “Ghost Guns” - Pages: 4 ### File 210677: Administrative Code - Composition of Committee on Information Technology (COIT) - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 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 ### File 210815: Accept and Expend Grant - Retroactive - Department of Homeland Security Federal Emergency Management Agency - FY2020 Port Security Grant Program - $1,161,830 - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 210604: Municipal Elections Code - Expanded Vote-by-Mail for Exclusively Municipal Elections - Pages: 5-6 - Vote 1: final-passage, likely final - Action: 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 ### File 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 - Pages: 6 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 6 - Vote 1: first-reading - Action: 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 ### File 210828: Business and Tax Regulations Code - Administrative Provisions - Pages: 6-7 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 210675: Lease Agreement - Genesco Partners Joint Ventures #11 - Harvey Milk Terminal 1 Retail Concession - $365,000 Minimum Annual Guarantee - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 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 - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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 ### File 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 - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 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 - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 210774: Real Property Lease Extension - BC Capp, LLC - Homeless Resource Center - 165 Capp Street - $270,685 Annual Base Rent - Pages: 8-9 - Vote 1: adoption, likely final - Action: 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 ### File 210813: Lease Agreement - Pilara Family Foundation - Pier 24 Annex - Minimum Base Rent of $92,857.40 Per Month - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 210837: Apply for Grant - Department of Housing and Community Development Infill Infrastructure Program - Balboa Reservoir Project - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 210838: Contract Modification - Siemens Mobility, Inc. - Option for 30 Light Rail Vehicles - $130,409,780 Plus Escalation Costs - Pages: 9-10 - Vote 1: continuance - Action: 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 ### File 210875: Accept and Expend Grant - California Department of Housing and Community Development - Permanent Local Housing Allocation Program - $52,308,210 - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 210876: Accept and Expend Grant - California Department of Housing and Community Development - Housing for Healthy California Program - $6,798,810 - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 210535: Planning Code - Conditional Use Authorization Requirements Regarding Residential Care Facilities - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 12-13 - Vote 1: other - Action: 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 ### File 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 - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 210947: Urging the California Supreme Court to Restore LGBTQ Anti-Discrimination Protections - Pages: 13-14 ### File 210948: Urging Uniform Standards for Healthcare Facilities to Fulfill Vaccine Mandate - Pages: 14 ### File 210951: Urging Full Compliance for California Proposition 12 - Prevention of Cruelty to Farm Animals - Pages: 14 ### File 210953: FemTruth Young Womxn’s Health Awareness Month - September 2021 - Pages: 14 ### File 210900: Appointment, Bicycle Advisory Committee - Ariel Earnhardt - Pages: 14-15 - Vote 1: approval, likely final - Action: 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 ### File 210955: Recognizing Abortion as Healthcare - Condemning Texas Senate Bill 8 - Pages: 15 - Vote 1: adoption, likely final - Action: 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 ### File 210961: Municipal Elections Code - Non-United States Citizen Voting in School Board Elections - Pages: 15-16 ### File 210962: Emergency Ordinance - Extension of Temporary Tenant Protections Due to COVID-19 - Pages: 16 ### File 210963: Administrative Code - Extension Of Temporary Tenant Protections Due To COVID-19 - Pages: 16 ### File 210964: Resolution of Intention to Add Territory to and Amend City and County of San Francisco Infrastructure and Revitalization Financing District No.1 (Treasure Island) - Pages: 16 ### File 210965: Authorizing Preparation of an Amended Infrastructure Financing Plan for City and County of San Francisco Infrastructure and Revitalization Financing District No.1 (Treasure Island) - Pages: 16-17 ### File 210966: Sublease Agreement - California State Lands Commission - Candlestick Point State Recreation Area - Vehicle Triage Center - In-Kind Rent of $1,796,090 - Pages: 17 ### File 210967: Purchase of Real Property - Mission Smartspace Senior LLC - 1321 Mission Street - Homelessness and Supportive Housing - $86,673,000 - Pages: 17 ### File 210968: International Day of the Victims of Enforced Disappearances - August 30, 2021 - Pages: 17-18 ### File 210969: Supporting the Green New Deal for Public Schools Act - Pages: 18 ### File 210970: Recognizing Korean Chuseok Day - September 21, 2021 - Pages: 18 ### File 210975: Reappointment, Association of Bay Area Governments, Executive Board Regional Planning Committee - Supervisor Myrna Melgar - Pages: 18 ### File 210971: Hearing - Kaiser Permanente - Behavioral Health Services - Pages: 18 ### File 210972: Hearing - Planning Department Reorganization - Pages: 18-19 ### File 210973: Hearing - 706 Mission PSA - Community Benefits Update - Pages: 19 ### File 210974: Hearing - Cannabis Equity Applicant Review and Possible 5-Year Moratorium - Pages: 19 ### File 210931: Accept and Expend Grant - Retroactive - California Victim Compensation Board - Compensation for Crime Victims - $2,530,990.23 - Pages: 19-20 ## Extracted text ### [Page 1](https://sfbos.info/documents/790/2021-09-14-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 14, 2021 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 (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 30 ### [Page 2](https://sfbos.info/documents/790/2021-09-14-minutes#page-2) Board of Supervisors Meeting Minutes 9/14/2021 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, and provided public comment through teleconferencing, on Tuesday, September 14, 2021, with President Shamann Walton presiding. President Walton called the meeting to order at 2:01 p.m. Remote Access to Information and Participation On March 17, 2020, the Board of Supervisors (Board) authorized their Board and Committee meetings to convene remotely and 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. 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, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton were noted present. All Members were 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. COMMUNICATIONS Angela Calvillo, Clerk of the Board, instructed members of the public, when general public comment is called, to contribute live comments for up to two minutes by dialing the provided telephone number. When connected, they 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. City and County of San Francisco Page 693 Printed at 8:43 pm on 10/27/21 ### [Page 3](https://sfbos.info/documents/790/2021-09-14-minutes#page-3) Board of Supervisors Meeting Minutes 9/14/2021 AGENDA CHANGES There were no agenda changes. CONSENT AGENDA Recommendation of the Budget and Finance Committee 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. Ordinance No. 148-21 FINALLY PASSED Recommendation of the Land Use and Transportation Committee 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. Ordinance No. 144-21 FINALLY PASSED City and County of San Francisco Page 694 Printed at 8:43 pm on 10/27/21 ### [Page 4](https://sfbos.info/documents/790/2021-09-14-minutes#page-4) Board of Supervisors Meeting Minutes 9/14/2021 Recommendation of the Public Safety and Neighborhood Services Committee 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. Ordinance No. 145-21 FINALLY PASSED Recommendation of the Rules Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 695 Printed at 8:43 pm on 10/27/21 ### [Page 5](https://sfbos.info/documents/790/2021-09-14-minutes#page-5) Board of Supervisors Meeting Minutes 9/14/2021 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendation of the Rules Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 696 Printed at 8:43 pm on 10/27/21 ### [Page 6](https://sfbos.info/documents/790/2021-09-14-minutes#page-6) Board of Supervisors Meeting Minutes 9/14/2021 NEW BUSINESS Recommendations of the Budget and Finance Committee President Walton requested File Nos. 210742 and 210743 be called together. 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: 11 - 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: 11 - 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 697 Printed at 8:43 pm on 10/27/21 ### [Page 7](https://sfbos.info/documents/790/2021-09-14-minutes#page-7) Board of Supervisors Meeting Minutes 9/14/2021 President Walton requested FIle Nos. 210164, 210675, 210676, 210736, and 210796 be called together. 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: 11 - 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: 11 - 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 698 Printed at 8:43 pm on 10/27/21 ### [Page 8](https://sfbos.info/documents/790/2021-09-14-minutes#page-8) Board of Supervisors Meeting Minutes 9/14/2021 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: 11 - 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: 11 - 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 699 Printed at 8:43 pm on 10/27/21 ### [Page 9](https://sfbos.info/documents/790/2021-09-14-minutes#page-9) Board of Supervisors Meeting Minutes 9/14/2021 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: 11 - 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: 11 - 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: 8 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Walton Noes: 3 - Melgar, Safai, Stefani City and County of San Francisco Page 700 Printed at 8:43 pm on 10/27/21 ### [Page 10](https://sfbos.info/documents/790/2021-09-14-minutes#page-10) Board of Supervisors Meeting Minutes 9/14/2021 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: 11 - 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton SPECIAL ORDER 2:30 P.M. - Recognition of Commendations President Walton announced that the Recognition of Commendations portion of the regular agendas will be reinstated beginning at the October 5, 2021 Regular Meeting. City and County of San Francisco Page 701 Printed at 8:43 pm on 10/27/21 ### [Page 11](https://sfbos.info/documents/790/2021-09-14-minutes#page-11) Board of Supervisors Meeting Minutes 9/14/2021 COMMITTEE REPORTS Recommendation of the Land Use and Transportation Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Robert Meyers; shared their personal experiences as a homeless person and challenges they’ve encountered attempting to contact various Members of the Board. Speaker; spoke in support of the previous caller who had challenges contacting the Board and shared concerns regarding the closure of the Great Highway. Josh Brach; expressed support of the Resolution urging compliance of Proposition 12, Prevention of Cruelty to Farm Animals (File No. 210951). Eva Ting; expressed support of newly introduced legislation that will increase participation in School District elections. Jay Donde; expressed concerns regarding a member of the Police Commission and requested they be removed from the body. Speaker; expressed concerns regarding the treatment of a homeless individual who has attempted to contact various Members of the Board. Dwayne Johnson; expressed concerns regarding the treatment of homeless individuals. Speaker; expressed concerns regarding firearms. Stephen Martinsen; expressed concerns regarding a member of the Police Commission and requested they be removed from the body. Barry Toronto; spoke on various concerns regarding the condition of the various neighborhoods and safety issues for pedestrians, bicyclists, and tax drivers. Crystal Gwen; expressed support of newly introduced legislation that will increase participation in School District elections. Speaker; spoke on a concern. Peter Warfield; expressed concerns with tags being used in library books that could be tracked and endanger the privacy of library users. City and County of San Francisco Page 702 Printed at 8:43 pm on 10/27/21 ### [Page 12](https://sfbos.info/documents/790/2021-09-14-minutes#page-12) Board of Supervisors Meeting Minutes 9/14/2021 CLOSED SESSION President Walton requested File Nos. 210895 and 210528 be called together. CONFERENCE WITH CITY ATTORNEY - Existing Litigation 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) CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:21 p.m. to convene in closed session pursuant to the motion made and approved on July 27, 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 ### [Page 13](https://sfbos.info/documents/790/2021-09-14-minutes#page-13) 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Referred Without Recommendation from the Government Audit and Oversight Committee 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton FOR ADOPTION WITHOUT COMMITTEE REFERENCE 210947 [Urging the California Supreme Court to Restore LGBTQ Anti-Discrimination Protections] Sponsors: Mandelman; Stefani, Melgar, Mar, Chan, Walton, Ronen, Safai and Preston 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. Supervisors Ronen, Safai, and Preston requested to be added as co-sponsors. Resolution No. 424-21 ADOPTED City and County of San Francisco Page 704 Printed at 8:43 pm on 10/27/21 ### [Page 14](https://sfbos.info/documents/790/2021-09-14-minutes#page-14) Board of Supervisors Meeting Minutes 9/14/2021 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. Resolution No. 425-21 ADOPTED 210951 [Urging Full Compliance for California Proposition 12 - Prevention of Cruelty to Farm Animals] Sponsors: Safai; Mandelman and Haney Resolution urging full compliance of California’s 2018 Proposition 12, the Prevention of Cruelty to Farm Animals; and urging compliance by January 1, 2022. Supervisors Mandelman and Haney requested to be added as co-sponsors. Resolution No. 426-21 ADOPTED 210953 [FemTruth Young Womxn’s Health Awareness Month - September 2021] Sponsors: Walton; Ronen, Stefani, Melgar, Chan, Mandelman, Safai, Preston and Haney Resolution recognizing September 2021 as FemTruth Young Womxn’s Health Awareness Month. Supervisors Mandelman, Safai, Preston, and Haney requested to be added as co-sponsors. Resolution No. 427-21 ADOPTED 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 705 Printed at 8:43 pm on 10/27/21 ### [Page 15](https://sfbos.info/documents/790/2021-09-14-minutes#page-15) Board of Supervisors Meeting Minutes 9/14/2021 Severed from the For Adoption Without Committee Reference Agenda 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: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton IMPERATIVE AGENDA There were no imperative agenda items. 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 210961 [Municipal Elections Code - Non-United States Citizen Voting in School Board Elections] Sponsors: Chan; Melgar, Walton, Ronen, Preston, Mar, Mandelman and Peskin Ordinance amending the Municipal Elections Code to reauthorize Non-United States citizen voting in elections for the Board of Education of the San Francisco Unified School District. 09/14/21; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/14/2021. City and County of San Francisco Page 706 Printed at 8:43 pm on 10/27/21 ### [Page 16](https://sfbos.info/documents/790/2021-09-14-minutes#page-16) Board of Supervisors Meeting Minutes 9/14/2021 210962 [Emergency Ordinance - Extension of Temporary Tenant Protections Due to COVID-19] Sponsors: Preston; Peskin, Walton, Ronen, Chan, Mandelman, Haney and Melgar Emergency ordinance to temporarily extend the COVID-19 based limit on residential evictions, which allows evictions only if based on the non-payment of rent or violence or health and safety issues, and which is currently set to expire on September 30, 2021. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) 09/14/21; ASSIGNED to Land Use and Transportation Committee. 210963 [Administrative Code - Extension Of Temporary Tenant Protections Due To COVID-19] Sponsors: Preston; Peskin, Walton, Ronen, Chan, Mandelman, Haney, Melgar and Safai Ordinance amending the Administrative Code to extend the COVID-19 based limit on residential evictions, which allows evictions only if based on the non-payment of rent or violence or health and safety issues, from September 30, 2021, through December 31, 2021. 09/14/21; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 10/14/2021. RESOLUTIONS 210964 [Resolution of Intention to Add Territory to and Amend City and County of San Francisco Infrastructure and Revitalization Financing District No.1 (Treasure Island)] Sponsor: Mayor Resolution of intention to add territory to and amend the Infrastructure Financing Plan for City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein; to call a public hearing on the proposed amendments and to provide public notice thereof; and determining other matters in connection therewith, as defined herein. 09/14/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210965 [Authorizing Preparation of an Amended Infrastructure Financing Plan for City and County of San Francisco Infrastructure and Revitalization Financing District No.1 (Treasure Island)] Sponsor: Mayor Resolution authorizing and directing the Director of the Office of Public Finance, or designee thereof, to prepare an amended infrastructure financing plan for the City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein, and determining other matters in connection therewith, as defined herein. 09/14/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 707 Printed at 8:43 pm on 10/27/21 ### [Page 17](https://sfbos.info/documents/790/2021-09-14-minutes#page-17) Board of Supervisors Meeting Minutes 9/14/2021 210966 [Sublease Agreement - California State Lands Commission - Candlestick Point State Recreation Area - Vehicle Triage Center - In-Kind Rent of $1,796,090] Sponsors: Mayor; Walton, Safai, Mar and Haney Resolution authorizing and approving the Director of Property, on behalf of the Department of Homelessness and Supportive Housing, to negotiate and enter into a sublease agreement for 312,000 square feet of property owned by the California State Lands Commission and leased to the California Department of Parks and Recreation, for the City’s use as a Vehicle Triage Center at Candlestick Point State Recreation Area, for an initial term of two years, commencing on or about November 1, 2021, for the base rent of $312,000 per year to be paid through in-kind, public services with an estimated value of $2,143,920; authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the sublease, as defined herein; adopting findings under the California Environmental Quality Act; and finding the proposed sublease is in conformance with the General Plan, and the eight priorities of Planning Code, Section 101.1. (Fiscal Impact) 09/14/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210967 [Purchase of Real Property - Mission Smartspace Senior LLC - 1321 Mission Street - Homelessness and Supportive Housing - $86,673,000] Sponsors: Mayor; Haney and Safai Resolution 1) approving and authorizing the Director of Property, on behalf of the Department of Homelessness and Supportive Housing (“HSH”), to acquire certain property located at 1321 Mission Street (“Property”) for $86,500,000 plus an estimated $173,000 for typical closing costs, for a total anticipated amount of $86,673,000 (“Acquisition Cost”); 2) approving and authorizing HSH, on behalf of the City, to apply to the California Department of Housing and Community Development (“HCD”) for its 2021 Homekey Grant Program (“Project Homekey”) to purchase the Property; 3) approving and authorizing an Agreement of Purchase and Sale for Real Estate for the acquisition of the Property from Mission Smartspace Senior LLC (“Purchase Agreement”), which includes a liquidated damages clause of up to $5,000,000 in case of default by the City; 4) authorizing the Director of Property to execute the Purchase Agreement, make certain modifications, and take certain actions in furtherance of this Resolution and the Purchase Agreement, as defined herein; 5) affirming the Planning Department’s determination under the California Environmental Quality Act; and 6) adopting the Planning Department’s findings that the Purchase Agreement, and the transaction contemplated therein, is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) 09/14/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 210968 [International Day of the Victims of Enforced Disappearances - August 30, 2021] Sponsors: Melgar; Walton, Preston, Mandelman, Ronen and Haney Resolution retroactively declaring August 30 as International Day of the Victims of Enforced Disappearances, and observing this date every year thereafter, and condemning enforced disappearances in El Salvador. 09/14/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 708 Printed at 8:43 pm on 10/27/21 ### [Page 18](https://sfbos.info/documents/790/2021-09-14-minutes#page-18) Board of Supervisors Meeting Minutes 9/14/2021 210969 [Supporting the Green New Deal for Public Schools Act] Sponsors: Ronen; Melgar, Walton, Preston, Mandelman and Haney Resolution supporting the Green New Deal for Public Schools Act of 2021 (H.R. 4442), to invest $1.43 trillion to provide green renovations and retrofits to public schools to meet health, accessibility, safety needs, identify and alleviate educational and economic disparities among students, and provide funding for special education services. 09/14/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 210970 [Recognizing Korean Chuseok Day - September 21, 2021] Sponsors: Stefani; Walton, Preston, Mandelman and Haney Resolution recognizing September 21, 2021, as Korean Chuseok Day and honoring the Korean Center, Inc. for its contributions to the Korean American community in the City and County of San Francisco. 09/14/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. MOTION 210975 [Reappointment, Association of Bay Area Governments, Executive Board Regional Planning Committee - Supervisor Myrna Melgar] Motion reappointing Supervisor Myrna Melgar, term ending September 23, 2023, to the Association of Bay Area Governments Executive Board Regional Planning Committee. (Clerk of the Board) 09/14/21; RECEIVED AND ASSIGNED to Rules Committee. REQUESTS FOR HEARING 210971 [Hearing - Kaiser Permanente - Behavioral Health Services] Sponsor: Chan Hearing regarding the availability of behavioral health services provided by Kaiser Permanente in the San Francisco Bay Area and California, including, but not limited to, patient wait times for initial appointments, length of wait time between visits, efficacy of telehealth medicine, and access to follow up care; and requesting the Health Service System to report. 09/14/21; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. 210972 [Hearing - Planning Department Reorganization] Sponsor: Peskin Hearing to discuss the recent reorganization and internal practices at the Planning Department, including with respect to the Zoning Administrator and other department staff; and requesting the Planning Department to report. 09/14/21; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 709 Printed at 8:43 pm on 10/27/21 ### [Page 19](https://sfbos.info/documents/790/2021-09-14-minutes#page-19) Board of Supervisors Meeting Minutes 9/14/2021 210973 [Hearing - 706 Mission PSA - Community Benefits Update] Sponsor: Peskin Hearing to receive updates on the Developer Payments and funding streams required by the 706 Mission Purchase and Sale Agreement (PSA) and to present on legal use of funds, RFP timelines and fund balances; and requesting the Office of the City Administrator, Recreation and Parks Department, and Mayor’s Office of Housing and Community Development to report. 09/14/21; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 210974 [Hearing - Cannabis Equity Applicant Review and Possible 5-Year Moratorium] Sponsor: Safai Hearing to discuss the status of the number of Cannabis Equity Licenses that have been granted and the number of equity applicants currently awaiting approval; to examine the number of equity applicants who presently own and operate a Cannabis dispensary, what areas and how their numbers compare with non-equity applicants and the possibility of proposing a five year moratorium once the number of equity owned dispensaries are adequately represented in the market in comparison to non-equity operated dispensaries; and requesting the Office of Cannabis and Office of Economic and Workforce Development to report. 09/14/21; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services 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 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) 09/02/21; RECEIVED FROM DEPARTMENT. 09/14/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Chan To: San Francisco Health Services System Inquiring: Mental Health Care Access for City Employees From: Supervisor Mar To: San Francisco Police Department Inquiring: San Francisco Police Department to Provide Bilingual Officer Staffing Data City and County of San Francisco Page 710 Printed at 8:43 pm on 10/27/21 ### [Page 20](https://sfbos.info/documents/790/2021-09-14-minutes#page-20) Board of Supervisors Meeting Minutes 9/14/2021 In Memoriams M. Jean Feilmoser – Supervisor Safai John Ignatius Alioto – Supervisor Stefani Edergardo Juanengo Dayrit – Full Board Marie DeMartini – Supervisors Stefani and Peskin ADJOURNMENT There being no further business, the Board adjourned at the hour 5:57 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 October 26, 2021. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 711 Printed at 8:43 pm on 10/27/21