Board of Supervisors Minutes: December 7, 2021

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. Ordinance No. 223-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Excused: Melgar

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) Ordinance No. 222-21 FINALLY PASSED by the following vote:

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

Noes: Safai, Stefani

Excused: Melgar

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) Supervisor Haney requested to be added as a co-sponsor. Ordinance No. 231-21 FINALLY PASSED by the following vote:

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

Excused: Melgar

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. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

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. Ordinance No. 226-21 FINALLY PASSED by the following vote:

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

Excused: Melgar

ing ‘”Retail” establishment means an establishment for the sale of goods, typically in small quantities, or services directly to the ultimate consumer or end user’, Line 13, by adding ‘special’, and Lines 24-25, by adding ‘(b) The Sheriff may provide supplemental law enforcement services under this Chapter 10A only to Retail and Commercial establishments.’; on Page 3, Lines 1-5, by adding ‘(c) If the Sheriff approves the request for Department services, the Sheriff shall include with the approval a written staffing plan that includes the number of personnel to be detailed in response to the request, the approximate personnel location assignments, the anticipated shifts for all detailed personnel, and the contact information of the Department employee to be assigned to supervise those personnel.’; on Page 4, Line 16, by adding ‘10A’; on Page 7, Line 6, through Page 8, Line 15, by adding ‘Section 10A.6. Administration and Reporting Requirements in Coordination with Chief of Police’ and ‘Section 10A.7, Requests for Services Limited to Requests Coordinated with Police Department; Expiration.’; and making other clarifying and conforming changes. The motion carried by the following vote:

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

Noes: Preston, Walton

Excused: Melgar

Ordinance amending the Administrative Code to authorize the Sheriff to contract with private individuals and private entities to provide supplemental law enforcement services to retail and commercial establishments. PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Peskin, Safai, Stefani

Noes: Preston, Ronen, Walton

Excused: Melgar

211046 [Appropriation - Special Tax Bond Proceeds - $31,630,000 - Controller’s Reserve - Treasure Island Community Facilities District - FY2021-2022] Sponsor: Mayor Ordinance appropriating $31,630,000 from the issuance of one or more series of Special Tax Bonds of the City’s Improvement Area No. 2 of the Community Facilities District No. 2016-1 (Treasure Island) for funding of certain public facilities and infrastructure for the Treasure Island Development Project in Fiscal Year (FY) 2021-2022; and placing such amounts on Controller's reserve. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

roviso in subsection (a) that excludes non-San Francisco residents from the definition of “Veteran” shall expire by operation of law if and when the Controller certifies, in writing, to the Recreation and Park Department General Manager, that the City has enacted an ordinance appropriating monies necessary to fund discounts for one year for non-San Francisco residents who otherwise meet the definition of “Veteran.” Following said certification, the City Attorney shall cause this subsection (b), and the proviso in subsection (a), to be removed from the Code.’; and on Page 9, Lines 9-15, by adding ‘Section 5. Funding. This ordinance grants certain discounts to Veterans, but at Park Code Section 2.01, provides that these discounts only apply to Veterans who are residents of the City and County of San Francisco. The Board of Supervisors intends that the discount program should expand to non-resident Veterans once the City has enacted an ordinance appropriating monies necessary to fund these discounts for one full year. Thereafter, it is the intent of this Board of Supervisors that such monies should also be appropriated in future fiscal years.’ The motion carried by the following vote:

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

Excused: Melgar

City and County of San Francisco Page 967 Printed at 9:14 pm on 1/10/22 Board of Supervisors Meeting Minutes 12/7/2021 Ordinance amending the Park Code to reduce or eliminate fees for admission to and use of certain facilities on park property for veterans and active members of the United States Armed Forces who reside in San Francisco; and expanding said discounts to all veterans and active members upon certification of funds by the Controller. (Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Melgar

211098 [Public Works Code - Waiver of Temporary Street Space Occupancy Permit Fee - Sidewalk Sales During the Holiday Season] Sponsors: Stefani; Mandelman, Mar, Safai, Haney and Preston Ordinance waiving the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy permits on City streets on Saturday, December 4, 2021, Sunday, December 5, 2021, Saturday, December 11, 2021, and Sunday, December 12, 2021, to promote sidewalk sales of merchandise during the holiday season. Supervisor Preston requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

211086 [Lease Modification - United States Government - United States Federal Bureau of Investigation - Annual Rent $665,489] Resolution approving Modification No. 2 of Lease No. GS-09P-LCA03395, between the United States (U.S.) of America and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term by three years, for a new term ending January 3, 2025, and increasing the annual rent to $665,489 totaling $1,996,467 for the extension term, for offices occupied by the U.S. Federal Bureau of Investigation at the International Terminal, to commence following approval by the Board of Supervisors. (Airport Commission) Resolution No. 548-21 ADOPTED by the following vote:

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

Excused: Melgar

211089 [Agreement - AT&T Corporation - Telecommunication Services - Not to Exceed $80,000,000] Resolution authorizing the Department of Technology to enter into an agreement with AT&T Corporation to purchase wired voice and data network and telecommunication services, with a not to exceed amount of $80,000,000 for a six and one-half year term of January 1, 2022, through June 30, 2028, and with one five-year option to extend, pursuant to Charter, Section 9.118. (Department of Technology) (Fiscal Impact) Resolution No. 549-21 ADOPTED by the following vote:

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

Excused: Melgar

211101 [Accept and Expend Grant - Retroactive - 2019 Active Transportation Program - Alemany Interchange Improvements Phase 2 - $1,971,000] Sponsors: Mayor; Ronen Resolution retroactively authorizing Public Works to accept and expend $1,971,000 from the 2019 Active Transportation Program to fund the construction of the Public Works' Alemany Interchange Improvements Phase 2 project, for the project period of October 2021, through June 2026. (Public Works) (Fiscal Impact) Resolution No. 550-21 ADOPTED by the following vote:

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

Excused: Melgar

211134 [Accept and Expend Grant - California Department of Fish and Wildlife - Heron’s Head Park Shoreline Resilience Project - $1,493,000] Sponsor: Mayor Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $1,493,000 from the California Department of Fish and Wildlife to fund the Heron’s Head Park Shoreline Resilience Project from January 1, 2022, through December 31, 2024. (Port) Resolution No. 551-21 ADOPTED by the following vote:

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

Excused: Melgar

211141 [Ground Lease Modification - United Airlines, Inc. - Three-Year Term Extension] Resolution approving Modification No. 3 to Ground Lease No. 00-0464 between the City and County of San Francisco, acting by and through its Airport Commission, and United Airlines, Inc. to extend the term by three years, provide for rent adjustments during the extension term, and update certain legal provisions required by applicable local, state, and federal laws, as defined herein, to take effect only after approval by the Board of Supervisors. (Airport Commission) Resolution No. 552-21 ADOPTED by the following vote:

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

Excused: Melgar

211144 [Ground Lease Modification - United Airlines, Inc. - Three-Year Term Extension] Resolution approving Modification No. 1 to Ground Lease No. 96-0268 between the City and County of San Francisco, acting by and through its Airport Commission, and United Airlines, Inc. to extend the term by three years, provide for rent adjustments during the extension term, and update certain legal provisions required by applicable local, state, and federal laws, as defined herein, to take effect only after approval by the Board of Supervisors. (Airport Commission) Resolution No. 553-21 ADOPTED by the following vote:

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

Excused: Melgar

211185 [Agreement - Harvey M. Rose Associates, LLC - Budget and Legislative Analyst Services - Not to Exceed $10,500,000] Resolution approving an agreement between Harvey M. Rose Associates, LLC and the Board of Supervisors for the Budget and Legislative Analyst Services for a total amount not to exceed $10,500,000 for an initial term of four years from January 1, 2022, through December 31, 2025. (Clerk of the Board) Resolution No. 535-21 ADOPTED by the following vote:

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

Excused: Melgar

211094 [Priority for Veterans with an Affordable Housing Preference under Administrative Code, Chapter 47 - Disparate Impact Analysis] Sponsors: Mar; Stefani, Walton, Preston and Haney Ordinance directing the Mayor’s Office of Housing and Community Development to conduct a disparate impact analysis of granting a priority for veterans who qualify for an affordable housing preference under Administrative Code, Chapter 47. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

s from the development standards for rear yard (Planning Code, Section 134), dwelling unit exposure (Planning Code, Section 140), and maximum height limit (Planning Code, Section 260) that would construct a new five-story, 50-foot tall, residential building (approximately 10,023 square feet) with 19 group housing units located within the RM-1 (Residential-Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (District 8) (Appellant: Athanassios Diacakis) (Filed November 12, 2021) (Clerk of the Board) President Walton opened the public hearing and Supervisor Mandelman provided brief remarks, indicating he would be making a motion to continue this Hearing and its associated Motions to a future date. The President then inquired as to whether any individual wished to address the Board on the proposed continuance. Troy Maiken; spoke on various concerns relating to the proposed continuance. There were no other speakers. President Walton closed public comment on the continuance. Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote:

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

Excused: Melgar

211188 [Approving Conditional Use Authorization - 3832-18th Street] Motion approving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project located at 3832-18th 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) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote:

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

Excused: Melgar

211189 [Conditionally Disapproving the Conditional Use Authorization - 3832-18th Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project at 3832-18th 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 Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote:

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

Excused: Melgar

211190 [Preparation of Findings Related to Conditional Use Authorization - 3832-18th 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. 2020-001610CUA, for a proposed project at 3832-18th Street. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 11, 2022. The motion carried by the following vote:

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

Excused: Melgar

211074 [Settlement of Lawsuit - Judy O’Neil - $2,500,000] Ordinance authorizing settlement of the lawsuit filed by Judy O’Neil against the City and County of San Francisco for $2,500,000; the lawsuit was filed on December 19, 2017, in U.S. District Court for the Northern District of California, Case No. 17-cv-07190; entitled Judy O’Neil v. City and County of San Francisco, et al.; the lawsuit involves an officer involved shooting that resulted in the death of Keita O’Neil. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

211125 [Memorandum of Understanding - International Union of Operating Engineers Stationary Engineers, Local 39] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and the International Union of Operating Engineers Stationary Engineers, Local 39, to revise San Francisco Public Utilities Commission Wastewater Enterprise rules regarding work schedules and shift assignments. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

ner Massage Establishments to the definition of Health Services in Articles 1 and 8 and remove it from the definition of Massage Establishments; 2) regulate Massage Establishments generally consistent with Health Services, with some exceptions; 3) eliminate the three-month period to establish abandonment of certain nonconforming Massage Establishment uses; 4) prohibit Personal Services uses for three years at any location where a Massage Establishment use was closed due to a violation of the Planning Code or Health Code; 5) eliminate the exception from the conditional use authorization requirement for massage uses accessory to a dwelling unit; 6) rename Medical Services to Health Services in Article 8 and make other conforming amendments; and 7) delete related provisions that have expired through the passage of time; 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. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar

influence City officers and employees, registered contact lobbyists, permit consultants, and to prohibit elected officials, department heads, commissioners, and designated employees from soliciting behested payments from interested parties. (Meet and confer obligations met.) Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisors Preston and Mar requested to be added as co-sponsors. Supervisor Peskin, seconded by Supervisor Chan, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 4-5, by adding ‘except for any person providing a grant to the City or City department’, Lines 11-13, by changing ‘or (2) if the person does not have a financial interest in the matter that is the subject of the person’s speech’ to ‘(2) speaking at a public forum or rally, or (3) communications made via email, petition or social media’; on Page 4, Lines 1-2, by striking ‘For the purpose of subsection (c) only, ‘interested party” shall not include a person providing a grant to the City or a City department.’ The motion carried by the following vote:

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

Excused: Melgar

(Meet and confer obligations met.) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Melgar

211218 [Appointments, Eastern Neighborhoods Community Advisory Committee - Irma Lewis and Jolene Yee] Motion appointing Irma Lewis and Jolene Yee, terms ending October 19, 2023, to the Eastern Neighborhoods Community Advisory Committee. (Clerk of the Board) Motion No. M21-167 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Melgar

211244 [Board of Supervisors Regular Meeting Schedule - 2022] Motion establishing the 2022 Board of Supervisors Regular Meeting Schedule, pursuant to Board of Supervisors Rules of Order, Sections 4.2 and 4.2.1, by cancelling the Regular Board meetings of January 18, February 22, May 31, June 21, July 5, October 11, and November 29; and all Regular Board and Committee meetings during the spring, summer and winter breaks from March 28 through April 1, August 1 through September 5, and December 14, 2022 through January 6, 2023; and further suspending portions of Board Rule 4.2 to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Stefani, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by removing the October 4 (Yom Kippur) and November 22 (Thanksgiving), and adding November 29 (week after Thanksgiving). The motion carried by the following vote:

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

Excused: Melgar

Motion establishing the 2022 Board of Supervisors Regular Meeting Schedule, pursuant to Board of Supervisors Rules of Order, Sections 4.2 and 4.2.1, by cancelling the Regular Board meetings of January 18, February 22, May 31, June 21, July 5, October 4, October 11, and November 22; and all Regular Board and Committee meetings during the spring, summer and winter breaks from March 28 through April 1, August 1 through September 5, and December 14, 2022 through January 6, 2023; and further suspending portions of Board Rule 4.2 to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Motion No. M21-168 APPROVED AS AMENDED by the following vote:

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

Excused: Melgar