Board of Supervisors Minutes: September 21, 2021

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. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 149-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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) Privilege of the floor was granted unanimously to Julie Kirschbaum, Timothy Manglicmot, Jonathan Rewers, and Jeffrey Tumlin, Director (Municipal Transportation Agency), who responded to questions raised throughout the discussion. Resolution No. 411-21 ADOPTED by the following vote:

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

lifornia Code of Civil Procedure 1179.05 continues to prohibit local governments from enacting or amending local ordinances that apply to rental payments that came due during the time period covered by this Section 37.9(a)(1)(E), and so long as Section 1179.05 continues to prohibit such laws from taking effect before April 1, 2022. If Section 1179.05 is amended or repealed or suspended to allow local jurisdictions to enact such ordinances and for such ordinances to take effect before April 1, 2022, then this Section 37.9(a)(1)(E) shall take effect immediately, to the extent authorized by such amendment or repeal or suspension. The Rent Board shall publish information on its website to inform the public of any such modification to Section 1179.05’; on Page 7, Line 20, by adding ‘and Operative Dates’; and on Page 7, Line 23, through Page 8, Line 2, by adding ‘This ordinance shall become operative only if the State of California has modified Section 1179.05 of the California Code of Civil Procedure, as and to the extent provided above in the portions of Section 2 of this ordinance that would amend Administrative Code Section 37.9(a)(1)(E)(i).’ The motion carried by the following vote:

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

Ordinance amending the Administrative Code to prohibit landlords from evicting residential tenants for non-payment of rent that came due between October 1, 2021, and December 31, 2021, that was not paid due to the COVID-19 pandemic, provided the tenant has paid at least 25 percent of the rent owed; to prohibit landlords from imposing late fees, penalties, or similar charges on such tenants; providing that such amendments will take effect only to the extent state law is modified accordingly; and making findings as required by the California Tenant Protection Act of 2019. PASSED ON FIRST READING AS AMENDED by the following vote:

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

210809 [Administrative Code - COVID 19 Commercial Rent Relief Fund] Sponsors: Safai; Haney, Mar, Mandelman, Chan, Preston, Stefani and Peskin Ordinance amending the Administrative Code to establish the COVID-19 Commercial Rent Relief Fund to provide financial support to landlords of certain Commercial Tenants where the tenant was unable to pay rent due to the COVID-19 pandemic, and setting a sunset date of 24 months from the effective date of the legislation. Supervisors Mandelman, Chan, Preston, Stefani, and Peskin requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

210635 [Lease Amendment No. 2 - Stellar Partners, Inc. - Boarding Area F Specialty Store Lease No. 12-0086 - Term Extension] Resolution approving Amendment No. 2 to the Boarding Area F Specialty Store Lease No. 12-0086, between Stellar Partners, Inc., as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, for an extension of the term for no later than June 30, 2023, with a condition that the Airport Director, at his sole and absolute discretion, may terminate earlier by providing six months’ advance written notice, with no change to the current minimum annual guarantee, subject to adjustment in accordance with the terms and conditions of the Lease, effective upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 431-21 ADOPTED by the following vote:

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

210735 [Lease Extension Modification - 2011 Lease and Use Agreement - TACA International Airlines, S.A. - Estimated Rent $4,301,668] Resolution approving a Lease Modification to 2011 Lease and Use Agreement No. 10-0096 between the City and County of San Francisco, acting by and through its Airport Commission, and TACA International Airlines, S.A., which extends the term through June 30, 2023, with an estimated rent of $4,301,668 during the extension term, to commence upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 432-21 ADOPTED by the following vote:

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

210714 [Agreement - MacKay Meters, Inc. - Parking Meter Procurement and Support Services - Not to Exceed $70,557,894] Resolution authorizing the Director of Transportation to execute Contract No. SFMTA 2020-46, for Procurement of Single- and Multi-Space Parking Meter Hardware and Support Services with MacKay Meters, Inc., to replace existing hardware in an amount not to exceed $70,557,894 and for a term of five years, to commence following Board approval, with the option to extend for five additional years. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 430-21 ADOPTED by the following vote:

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

210797 [Performance Contract Agreement - Retroactive - California Department of Health Care Services - Mental Health Services Act and Various Programs] Resolution retroactively authorizing the Department of Public Health to enter into Performance Contract No. 21-10108, with the California Department of Health Care Services, incorporating the Mental Health Services Act, Lanterman-Petris-Short Act, Projects for Assistance in Transition from Homelessness, Community Mental Health Services Block Grant, Substance Abuse Treatment and Prevention Block Grant, and Crisis Counseling Assistance and Training Program for the period of July 1, 2021, through June 30, 2024. (Public Health Department) Resolution No. 433-21 ADOPTED by the following vote:

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

210798 [Agreement Amendment - Retroactive - California Department of Health Care Services - Whole Person Care Pilot Program - Not to Exceed $197,589,948] Resolution retroactively authorizing the Director of Health to sign an amended agreement with the California Department of Health Care Services for the Whole Person Care Pilot program to fund coordination of health, behavioral health, and social services in a patient-centered manner with the goal of improved beneficiary health and wellbeing through more efficient and effective use of resources, extending the program by one year, from January 1, 2021, through December 31, 2021, for a total agreement term of January 1, 2016, through December 31, 2021; and increasing the agreement amount by $35,839,948 for a total amount of $197,589,948. (Public Health Department) Resolution No. 434-21 ADOPTED by the following vote:

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

210831 [Notice of Potential Retroactive Approvals of Contracts for Energy-Related Products in 2021 - Public Utilities Commission] Resolution acknowledging notice from the General Manager of the Public Utilities Commission pursuant to Resolution No. 580-20 of the potential need to seek retroactive Board of Supervisors approval under Charter, Section 9.118, for contracts with costs of $10,000,000 or more, revenues of $1,000,000 or more, or terms in excess of ten years, or contracts requiring binding arbitration for the purchase and sale of energy-related products necessary to meet regulatory compliance obligations in 2021. (Public Utilities Commission) Privilege of the floor was granted unanimously to Barbara Hale (Public Utilities Commisison) who responded to questions raised throughout the discussion. Resolution No. 436-21 ADOPTED by the following vote:

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

210833 [Grant Agreement Amendment - 181 Fremont Street, LLC. - SFPUC Onsite Water Reuse System Grant Program - Term Extension] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute Amendment No. 1 to the existing grant agreement with 181 Fremont Street, LLC for an Onsite Water Reuse System at 181 Fremont Street, extending the term of the agreement by seven years to January 5, 2032, for a total duration of seventeen years. (Public Utilities Commission) (Fiscal Impact) Resolution No. 437-21 ADOPTED by the following vote:

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

210871 [Issuance of Special Tax Bonds - Community Facilities District No. 2014-1 (Transbay Transit Center) - Not to Exceed $35,000,000] Sponsors: Mayor; Mandelman Resolution authorizing the issuance and sale of one or more series of Special Tax Bonds for City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) in the aggregate principal amount not to exceed $35,000,000; approving related documents, as defined herein, including an Official Statement, Third Supplement to Fiscal Agent Agreement, Bond Purchase Agreement and Continuing Disclosure Undertaking; and determining other matters in connection therewith, as defined herein. Resolution No. 439-21 ADOPTED by the following vote:

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

210872 [Authorizing Issuance of Tax Exempt and/or Taxable Lease Revenue Commercial Paper Notes - Equipment Financing for Vehicles - Not to Exceed $2,425,000] Sponsor: Mayor Resolution authorizing the execution and delivery from time to time of tax-exempt and/or taxable Commercial Paper Notes in an aggregate principal amount not to exceed $2,425,000 to provide financing for the costs of the acquisition of vehicles, and authorizing other related actions, as defined herein. (Fiscal Impact) Resolution No. 440-21 ADOPTED by the following vote:

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

210878 [Accept and Expend Grant - Retroactive - Centers for Disease Control and Prevention - PS21-2103: Integrated Viral Hepatitis Surveillance and Prevention Funding for Health Depts - $315,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $315,000 from the Centers for Disease Control and Prevention for participation in a program, entitled “PS21-2103: Integrated Viral Hepatitis Surveillance and Prevention Funding for Health Depts,” for the period of May 1, 2021, through April 30, 2022. Resolution No. 441-21 ADOPTED by the following vote:

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

City and County of San Francisco Page 721 Printed at 8:55 pm on 10/27/21 Board of Supervisors Meeting Minutes 9/21/2021 Recommendations of the Land Use and Transportation Committee Supervisor Melgar Excused from Voting Supervisor Melgar requested to be excused from voting on File No. 210423, due to a possible conflict of interest. Supervisor Peskin, seconded by Supervisor Safai, moved that Supervisor Melgar be excused from voting on File No. 210423. The motion carried by the following vote:

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

Excused: Melgar

210423 [Planning Code - Landmark Designation - Ingleside Terraces Sundial and Sundial Park] Sponsor: Peskin Ordinance amending the Planning Code to designate Ingleside Terraces Sundial and Sundial Park, Assessor’s Parcel Block No. 6917B, Lot No. 001, situated within Entrada Court, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

210805 [Master Major Encroachment Permit - Hunters View HOPE SF Phase 1] Sponsor: Mayor Ordinance granting revocable permission to HV Community Association, Inc., to occupy and maintain the irrigation system (other than street trees), sidewalks, curbs and ramps for ADA-compliant passenger loading, and a portion of a retaining wall footing, with all such encroachments located generally along portions of Fairfax Avenue, Acacia Avenue, Ironwood Way, Catalina Street, and Middle Point Road fronting Hunters View Phase 1, 1101 Fairfax Avenue, (Assessor’s Parcel Block No. 4624, Lot Nos. 23 through 32); waiving the annual public right-of-way occupancy assessment fee under Public Works Code, Section 786.7, for all phases of the Hunters View project; adopting environmental findings under the California Environmental Quality Act; and making findings of consistency with the eight priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote:

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

210536 [Health, Business and Tax Regulations Codes - Alternate Water Sources for Non-Potable Applications] Sponsors: Mandelman; Mar, Melgar, Ronen and Haney Ordinance amending the Health Code to 1) lower the threshold, from 250,000 to 100,000 square feet of gross floor area, for requiring that new buildings be constructed, operated, and maintained using specified alternate water sources for required non-potable uses; 2) exempt certain affordable housing projects and property uses from that requirement; 3) require that certain categories of new buildings use specific sources of nonpotable water for specific purposes; 4) modify certain administrative review fees; 5) require the payment of excess use charges and penalties for failure to properly use and maintain alternate water source systems; and 6) the completion of reports on purified water, recycled water, and Non-potable District Systems; amending the Business and Tax Regulations Code to update certain annual license fee amounts for operating alternate water source systems; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

210826 [Liquor License - 2519 & 2521 Mission Street - Teatro Tin Tan] Resolution determining that the issuance of a Type-64 special on-sale general theater liquor license to Bigote de Gato Arts and Music, Inc., doing business as Teatro Tin Tan, located at 2519 & 2521 Mission Street (District 9), will serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 435-21 ADOPTED by the following vote:

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

210853 [Liquor License Transfer - 2695 San Bruno Avenue - La Loma Produce #7] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to La Loma #7, Inc., doing business as La Loma Produce #7, located at 2695 San Bruno Avenue (District 9), will serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control impose a condition on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 438-21 ADOPTED by the following vote:

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

210480 [Appointments, Shelter Monitoring Committee - Cris Plunkett, Diana Almanza, Traci Watson, and Gabriela Avalos] Motion appointing Cris Plunkett, Diana Almanza (residency requirement waived), and Traci Watson, terms ending July 1, 2022, and Gabriela Avalos, term ending July 1, 2023, to the Shelter Monitoring Committee. (Rules Committee) Motion No. M21-128 APPROVED by the following vote:

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

210494 [Administrative Code - Consultation Regarding Filing of Juvenile Delinquency Cases] Sponsor: Ronen Ordinance amending the Administrative Code to require the Police Department to consult with the District Attorney ("DA") on all juvenile delinquency cases under California Welfare and Institutions Code, Section 651, and provide the DA the opportunity to commence proceedings in the juvenile delinquency court in the San Francisco Superior Court. PASSED ON FIRST READING by the following vote:

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

Noes: Stefani

ive Code - Policies Authorizing Parental Leave and Teleconferencing During Leave by Members of the Board of Supervisors and City Boards and Commissions] Sponsors: Melgar; Chan, Ronen, Stefani, Walton, Safai, Mar, Preston, Mandelman and Haney Ordinance amending the Administrative Code to authorize the Board of Supervisors to adopt a parental leave policy for its members, which policy shall, among other things, authorize members to participate in public meetings by teleconferencing to the extent permitted by State law when the member is not able to attend in person due to pregnancy, childbirth, or a related condition, and which may authorize members to participate in public meetings by teleconferencing to the extent permitted by State law when the member is absent to care for the member’s child after birth of the child or after placement of the child with the member for adoption or foster care; and adopt a parental leave policy for other City boards and commissions, including authorization to participate in public meetings by teleconferencing under the same conditions. Supervisors Mandelman and Haney requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

210802 [Approving Conditional Use Authorization - 5801 Mission Street] Motion approving the decision of the Planning Commission by its Motion No. 20933, approving a Conditional Use Authorization, identified as Planning Case No. 2020-007152CUA, for a proposed project located at 5801 Mission Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Motion No. M21-127 Supervisor Ronen, seconded by Supervisor Melgar, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Haney, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: Chan, Mar, Safai

210803 [Conditionally Disapproving the Conditional Use Authorization - 5801 Mission Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20933, approving a Conditional Use Authorization, identified as Planning Case No. 2020-007152CUA, for a proposed project at 5801 Mission Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds (8 votes) of the members of the Board.) Supervisor Ronen, seconded by Supervisor Melgar, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Haney, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: Chan, Mar, Safai

210804 [Preparation of Findings Related to Conditional Use Authorization - 5801 Mission Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2020-007152CUA for a proposed project at 5801 Mission Street. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Melgar, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Haney, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Noes: Chan, Mar, Safai

210944 [Creation of a “Beach to Bay” Car-Free Connection and Equitable Access to Golden Gate Park] Sponsors: Chan; Walton, Peskin and Haney Resolution calling for the creation of a “Beach to Bay” car-free connection and urging the Recreation and Park Department and San Francisco Municipal Transportation Agency to improve park accessibility and create equitable access to Golden Gate Park. Supervisor Haney requested to be added as a co-sponsor. Resolution No. 442-21 ADOPTED by the following vote:

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

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. Supervisors Preston, Mandelman, and Haney requested to be added as co-sponsors. Resolution No. 444-21 ADOPTED by the following vote:

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

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. Supervisors Preston, Mandelman, Ronen, and Haney requested to be added as co-sponsors. Resolution No. 443-21 ADOPTED by the following vote:

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

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. Supervisors Preston, Mandelman, and Haney requested to be added as co-sponsors. Resolution No. 445-21 ADOPTED by the following vote:

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