Board of Supervisors Minutes: November 30, 2021

211066 [Settlement of Unlitigated Claim - Shimmick Construction Company, Inc. and F.D. Thomas, Inc. - City to Receive $750,000] Resolution approving settlement of the unlitigated claim filed by the City and County of San Francisco against Shimmick Construction Company, Inc. (“Shimmick”) and F.D. Thomas, Inc. (“F.D. Thomas”) for $750,000; the claim involves compensation for construction defects allegedly caused by Shimmick Construction Company and F.D. Thomas, Inc. (City Attorney) Resolution No. 542-21 ADOPTED The foregoing items were acted upon by the following vote:

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

211022 [Park Code - Parking Fees and Fines, Park Patrol Enforcement] Sponsor: Mayor Ordinance authorizing the Municipal Transportation Agency (SFMTA) to set parking rates at the Kezar Stadium Parking Lot, and Golden Gate Park Underground Parking Facility in accordance with Park Code provisions that authorize SFMTA rate-setting on park property and subject to Board of Supervisors approval, and making conforming edits to the Park Code; increasing parking rates for berth-holders at the Marina Small Craft Harbor; clarifying that the fines for certain violations of the Transportation Code apply to similar violations occurring on park property; clarifying the authority of Park Patrol to enforce the Park Code and issue parking citations; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 218-21 FINALLY PASSED by the following vote:

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

Supervisor Mandelman Excused from Voting Supervisor Mandelman requested to be excused from voting on File No. 211097, due to a possible conflict of interest. Supervisor Peskin, seconded by Supervisor Ronen, moved that Supervisor Mandelman be excused from voting on File No. 211097. The motion carried by the following vote:

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

Excused: Mandelman

211097 [Appropriation and De-Appropriation - Department of Public Works and City Planning Department - Department of Public Works - Buena Vista Horace Mann K-8 Community School - $140,574 - FY2021-2022] Sponsors: Ronen; Melgar, Safai, Walton, Haney, Mar and Preston Ordinance de-appropriating $71,365 previously appropriated to the Department of Public Works (DPW) and $69,209 previously appropriated to the City Planning Department (CPC), and re-appropriating $140,574 to the Department of Public Works for a safety needs assessment at Buena Vista Horace Mann K-8 Community School in Fiscal Year (FY) 2021-2022. Supervisor Preston requested to be added as a co-sponsor. Ordinance No. 220-21 FINALLY PASSED by the following vote:

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

Excused: Mandelman

211126 [Accept and Expend Grant - Retroactive - Bloomberg Philanthropies - Digital Innovation Grant - Amendment to the Annual Salary Ordinance for FYs 2021-2022 and 2022-2023 - $3,407,000] Sponsors: Mayor; Safai and Haney Ordinance retroactively authorizing the Office of the Mayor to accept and expend a grant in the amount of $3,407,000 from Bloomberg Philanthropies, and amending Ordinance No. 109-21 (Annual Salary Ordinance File No. 210644 for Fiscal Years (FYs) 2021-2022 and 2022-2023) to provide for the addition of one grant funded Class 0904 Mayoral Staff XVI position (FTE 1.0) at the Office of the Mayor, two grant funded Class 1043 Engineer positions (FTE 2.0) at the Office of the City Administrator, and two grant funded Class 1053 Senior Business Analyst positions (FTE 2.0) at the Office of the City Administrator, for the period of October 1, 2021, through August 31, 2024. (Fiscal Impact) Ordinance No. 216-21 FINALLY PASSED by the following vote:

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

Noes: Preston

210807 [Planning Code - Repealing Article 12 Regarding Oil and Gas Facilities] Sponsors: Chan; Mandelman, Preston and Ronen Ordinance amending the Planning Code to repeal Article 12, which contains regulations governing land use activities associated with oil and gas exploration, development, and processing; amending the definitions of Heavy Manufacturing 2 and Heavy Manufacturing 3 to exclude oil and gas production or processing for fuel purposes as allowable Industrial Uses; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. Supervisor Ronen requested to be added as a co-sponsor. Ordinance No. 217-21 FINALLY PASSED by the following vote:

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

211028 [Acceptance and Public Dedication of 12-Kilovolt Power Facilities - Mission Rock] Sponsor: Mayor Ordinance accepting the irrevocable offer of a 12-kilovolt power line and associated facilities (“12-kV Line”) servicing the Seawall Lot 337 and Pier 48 Mixed-Use Project, bounded by 3rd Street and Mission Rock Street, subject to conditions and limitations; dedicating the 12-kV Line to public use; designating the 12-kV Line for public power purposes; accepting the 12-kV Line for maintenance and liability purposes; affirming the Planning Department’s determinations under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; accepting a Public Works Order recommending various actions regarding the 12-kV Line; and authorizing official acts in connection with this Ordinance, as defined herein. Ordinance No. 219-21 FINALLY PASSED by the following vote:

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

211031 [Administrative Code - Request for Sheriff’s Services] Sponsors: Safai; Peskin, Mar and Mandelman Ordinance amending the Administrative Code to authorize the Sheriff to contract with private individuals and private entities to provide supplemental law enforcement services. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of December 7, 2021. The motion carried by the following vote:

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

210538 [Appropriation - Fiscal Cliff Reserve $64,150,000 - Mayor’s Office of Housing and Community Development - $64,150,000 for Social Housing - FY2021-2022] Sponsors: Preston; Haney, Ronen, Peskin, Walton, Chan and Mar Ordinance appropriating $64,150,000 from the Fiscal Cliff Reserve to the Mayor’s Office of Housing and Community Development for the acquisition, creation and operation of affordable, social housing under the Housing Stability Fund in Fiscal Year (FY) 2021-2022. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: Melgar, Safai, Stefani

211099 [Waiver of Banner Fees - “Shop & Dine in the 49” Campaign] Sponsors: Stefani; Mandelman Ordinance waiving the banner fees under Public Works Code, Section 184.78, for the placement of up to 300 banners per year, for three years starting on November 20, 2021, by the Office of Economic and Workforce Development to publicize the City’s “Shop & Dine in the 49” campaign; 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

200370 [Agreement Amendment - San Francisco AIDS Foundation - HIV Prevention - City-Wide Syringe Access and Disposal Services - Not to Exceed $42,115,471] Resolution approving Amendment No. 3 to the agreement between the San Francisco AIDS Foundation and the Department of Public Health to provide HIV prevention services through City-wide syringe access and disposal services; to increase the contract amount by $6,507,312 for a total amount not to exceed $42,115,471 with no change to the contract term of July 1, 2016, through June 30, 2026, to commence upon Board approval. (Public Health Department) (Fiscal Impact) Resolution No. 538-21 ADOPTED by the following vote:

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

211053 [Affordable Housing Agreement - Pacific Gas and Electric Company - Term of Ten or More Years] Sponsors: Mayor; Walton, Peskin, Ronen, Mar, Preston and Mandelman Resolution approving an agreement between the City and County of San Francisco and Pacific Gas and Electric Company establishing requirements for certain affordable housing projects to connect to the electric grid for a term of ten or more years, to commence following approval by the Federal Energy Regulatory Commission. Supervisors Mar, Preston, and Mandelman requested to be added as co-sponsors. Resolution No. 541-21 ADOPTED by the following vote:

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

211087 [Conditional Property Exchange Agreement - EQX Jackson SQ Holdco LLC - Potential Exchange of 530 Sansome Street for a Portion of 425-439 Washington Street] Resolution ratifying the Conditional Property Exchange Agreement and Related Transaction Documents with EQX Jackson SQ Holdco LLC for a transfer of City real property at 530 Sansome Street (Assessor’s Parcel Block No. 0206, Lot No. 017), under the jurisdiction of the Fire Department, in exchange for a portion of the real property at 425-439 Washington Street (Assessor’s Parcel Block No. 0206, Lot Nos. 013 and 014); authorizing the Director of Property and City staff to proceed with the proposed Fire Station development project, subject to several conditions, as defined herein; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Real Estate Department) Resolution No. 543-21 ADOPTED by the following vote:

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

211102 [Apply for Grant - Centers for Disease Control and Prevention - Integrated HIV Surveillance and Prevention Programs for Health Departments - $5,008,377 - 2022] Sponsors: Mayor; Mandelman Resolution authorizing the Department of Public Health to submit a one-year application for Calendar Year 2022 to continue to receive funding for the Integrated HIV Surveillance and Prevention Programs for Health Departments from the Centers of Disease Control and Prevention, requesting $5,008,377 in HIV prevention funding for San Francisco from January 1, 2022, through December 31, 2022. (Public Health Department) Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 544-21 ADOPTED by the following vote:

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

211154 [San Francisco Unified School District General Obligation Bonds - Not to Exceed $284,250,000] Sponsors: Mayor; Ronen Resolution authorizing the issuance and sale of bonds of the San Francisco Unified School District; prescribing the terms of sale of not to exceed $284,250,000 of said General Obligation Bonds, Election of 2016, Series C, by a negotiated sale; approving the form of a Bond Purchase Agreement; approving the forms of one or more paying Agent Agreements; and authorizing the execution of necessary documents and certificates relating to such bonds, as defined herein. (Fiscal Impact) Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 546-21 ADOPTED by the following vote:

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

ons 2, LLC - 1979 Mission Street - Mayor’s Office of Housing and Community Development - In Lieu Land Dedication] Sponsors: Mayor; Ronen Resolution approving and authorizing an agreement for the conveyance and acceptance by the Director of Property, on behalf of the Mayor’s Office of Housing and Community Development (“MOHCD”) and CH Acquisitions 2, LLC, of a parcel of real estate consisting of approximately 57,325 square feet in land area, located at 1979 Mission Street (“Property”), pursuant to a land dedication permitted under Planning Code, Section 249.33, to satisfy affordable housing obligations under Planning Code, Sections 415 et seq.; placing the Property under the jurisdiction of MOHCD for future 100% affordable housing development consisting of approximately 200-338 dwelling units; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of this Resolution, as defined herein, including assuming certain leases. Resolution No. 547-21 ADOPTED by the following vote:

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

211150 [Business and Tax Regulations Code - Temporary Suspension of Cannabis Business Tax] Sponsors: Mandelman; Haney Ordinance amending the Business and Tax Regulations Code to suspend the imposition of the Cannabis Business Tax through December 31, 2022. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

210452 [Planning Code - Exemption from Neighborhood Notification and Review Requirements for Grandfathered Medical Cannabis Dispensaries Converting to Cannabis Retail] Sponsor: Mayor Ordinance amending the Planning Code to exempt Grandfathered Medical Cannabis Dispensaries that convert to Cannabis Retail Uses from neighborhood notification and review requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making public necessity, convenience, and welfare findings under Planning Code, Section 302. Supervisor Melgar, seconded by Supervisor Chan, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of December 7, 2021. The motion carried by the following vote:

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

210810 [Planning Code - Business Signs on Awnings and Marquees] Sponsors: Stefani; Chan, Melgar, Ronen and Mandelman Ordinance amending the Planning Code to allow business signs on awnings or marquees in addition to projecting signs in various neighborhood commercial and residential-commercial districts, and in certain Chinatown mixed use districts; applying business sign controls to additional Neighborhood Commercial Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and public necessity, convenience, and general welfare findings pursuant to Planning Code, Section 302. Supervisors Melgar, Ronen, and Mandelman 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

e AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 13-17, by changing ‘established to the satisfaction of the OOC Director that there have been no complaints submitted to a City agency in the past 150 days that raise a significant health or safety concern regarding the MCD’s operations’ to ‘not been found to have violated health and safety standards developed by the Director to protect the health and safety of employees, neighbors, and customers’; and Page 3, Lines 13-20, by changing ‘The Director is aware of no public health or safety complaints submitted in the prior 150 days to any City agency relating to the operation of the medical cannabis dispensary, or the medical cannabis dispensary has demonstrated to the satisfaction of the Director that any such public health or safety complaints are unfounded and/or fail to raise significant health or safety concerns regarding the operation of the medical cannabis dispensary.’ to ‘The medical cannabis dispensary has not been found to have violated health and safety standards developed by the Director to protect the health and safety of employees, neighbors, and customers’. The motion carried by the following vote:

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

d community outreach programs, and business plan development training; and amending the Health Code to extend from 120 days to between 150 and 180 days the period for which the Director of the Office of Cannabis (“OOC”) may grant temporary authorization to medical cannabis dispensaries (“MCDs”) to continue operating while they wait for the OOC to process their applications for cannabis business permits (“Temporary MCD Authorization”), and to add as prerequisites to Temporary MCD Authorization: that the MCD has not been found to have violated health and safety standards developed by the Director to protect the health and safety of employees, neighbors, and customers; that OEWD has not made a determination, or has determined that the MCD ensures that 35% of its new hires shall be registered apprentices enrolled in an approved apprenticeship program if feasible; and for any MCD with ten or more employees, that OEWD has not made a determination, or has determined that the MCD has entered into or made good faith efforts to enter into a Labor Peace Agreement or a collective bargaining agreement with a Bona Fide Labor Organization. PASSED ON FIRST READING AS AMENDED by the following vote:

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

211043 [Liquor License Transfer - One Avenue of the Palms - Treasure Island Yacht Club] Resolution determining that the premise-to-premise transfer of a Type-51 non-profit club on-sale beer, wine, and distilled spirits liquor license to Treasure Island Yacht Club, Inc., to do business as The Treasure Island Yacht Club, located at One Avenue of the Palms, Building One, Suite 133 (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4. (Public Safety and Neighborhood Services Committee) Resolution No. 540-21 ADOPTED by the following vote:

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

211124 [Liquor License Transfer - 4216-18 Street - Bottle Bacchanal] Resolution determining the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Bottle Bacchanal, LLC, doing business as Bottle Bacchanal, located at 4126-18 Street (District 8), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 545-21 ADOPTED by the following vote:

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

211091 [Mayoral Reappointment, Entertainment Commission - Al Perez] Motion approving the Mayor’s nomination for reappointment of Al Perez to the Entertainment Commission, for a term ending July 1, 2025. (Clerk of the Board) (Charter, Section 4.117, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: October 19, 2021.) Motion No. M21-164 APPROVED by the following vote:

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

211211 [Findings to Allow Teleconferenced Meetings During Declared Emergency] Motion making findings to allow teleconferenced meetings under California Government Code, Section 54953(e). (Clerk of the Board) Motion No. M21-165 APPROVED The foregoing items were acted upon by the following vote:

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

211209 [Urging the San Francisco Credit Union to Collaborate with SFMTA on Taxi Medallion Prices and Loan Forgiveness] Sponsors: Peskin; Ronen, Melgar, Safai, Mandelman, Haney, Mar and Preston Resolution urging the San Francisco Federal Credit Union to collaborate with the San Francisco Municipal Transportation Agency (SFMTA) on agreeable medallion prices, loan forgiveness for medallion holders, and other reforms. Supervisor Preston requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Melgar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 17-20, by adding ‘and WHEREAS, In negotiating its own path forward, SFMTA and the Credit Union can learn from the perspective of purchased taxi medallion holders who will be impacted by any resulting compromise;’; and Page 2, Line 25, through Page 3, Line X, by adding ‘and, be it FURTHER RESOLVED, That purchased taxi medallion holders should be consulted with on any potential compromise.’ The motion carried by the following vote:

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

Resolution No. 536-21 ADOPTED AS AMENDED by the following vote:

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