# Board of Supervisors Minutes: December 7, 2021 - Meeting date: 2021-12-07 - Document type: minutes - Pages in official PDF: 25 - [Canonical HTML transcript](https://sfbos.info/documents/810/2021-12-07-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=910327&GUID=77D88CD9-19AE-4D32-B028-1B0F43A3E27F) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 211247: Formal Policy Discussions - December 7, 2021 - Pages: 4-5 ### File 211099: Waiver of Banner Fees - “Shop & Dine in the 49” Campaign - Pages: 5 ### File 211023: Settlement of Lawsuit - David Joslyn - $3,250,000 - Pages: 5 ### File 211024: Settlement of Lawsuit - Huan Zheng Fang and Zhourong Fang - $2,000,000 - Pages: 5 ### File 211068: Settlement of Lawsuit - Tamsyn Waterhouse - $45,000 - Pages: 5-6 ### File 211069: Settlement of Lawsuit - Christina Yiu and Jeremy Yiu - $135,000 - Pages: 6 ### File 211070: Settlement of Lawsuit - Victor Picazo - $46,000 - Pages: 6 ### File 210810: Planning Code - Business Signs on Awnings and Marquees - Pages: 6-7 - Vote 1: final-passage, likely final - Action: 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 ### File 210538: Appropriation - Fiscal Cliff Reserve $64,150,000 - Mayor’s Office of Housing and Community Development - $64,150,000 for Social Housing - FY2021-2022 - Pages: 7 - Vote 1: final-passage, likely final - Action: 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 ### File 211150: Business and Tax Regulations Code - Temporary Suspension of Cannabis Business Tax - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 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 ### File 210452: Planning Code - Exemption from Neighborhood Notification and Review Requirements for Grandfathered Medical Cannabis Dispensaries Converting to Cannabis Retail - Pages: 8 - Vote 1: first-reading - Action: 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 ### File 211030: Police, Health Codes - Regulation of Cannabis Businesses - Pages: 8-9 - Vote 1: final-passage, likely final - Action: 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 ### File 211031: Administrative Code - Request for Sheriff’s Services - Pages: 9-10 - Vote 1: other - Action: 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 - Vote 2: first-reading - Action: 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 ### File 211046: Appropriation - Special Tax Bond Proceeds - $31,630,000 - Controller’s Reserve - Treasure Island Community Facilities District - FY2021-2022 - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 211095: Park Code - Discounts For Veterans - Pages: 10-11 - Vote 1: other - Action: 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 - Vote 2: first-reading - Action: 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 ### File 211098: Public Works Code - Waiver of Temporary Street Space Occupancy Permit Fee - Sidewalk Sales During the Holiday Season - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 211086: Lease Modification - United States Government - United States Federal Bureau of Investigation - Annual Rent $665,489 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 211089: Agreement - AT&T Corporation - Telecommunication Services - Not to Exceed $80,000,000 - Pages: 11-12 - Vote 1: adoption, likely final - Action: 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 ### File 211101: Accept and Expend Grant - Retroactive - 2019 Active Transportation Program - Alemany Interchange Improvements Phase 2 - $1,971,000 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 211134: Accept and Expend Grant - California Department of Fish and Wildlife - Heron’s Head Park Shoreline Resilience Project - $1,493,000 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 211141: Ground Lease Modification - United Airlines, Inc. - Three-Year Term Extension - Pages: 12-13 - Vote 1: adoption, likely final - Action: 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 ### File 211144: Ground Lease Modification - United Airlines, Inc. - Three-Year Term Extension - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 211185: Agreement - Harvey M. Rose Associates, LLC - Budget and Legislative Analyst Services - Not to Exceed $10,500,000 - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 211094: Priority for Veterans with an Affordable Housing Preference under Administrative Code, Chapter 47 - Disparate Impact Analysis - Pages: 13 - Vote 1: first-reading - Action: 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 ### File 211187: Hearing - Appeal of Conditional Use Authorization Approval - 3832-18th Street - Pages: 14 - Vote 1: continuance - Action: 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 ### File 211188: Approving Conditional Use Authorization - 3832-18th Street - Pages: 14-15 - Vote 1: continuance - Action: 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 ### File 211189: Conditionally Disapproving the Conditional Use Authorization - 3832-18th Street - Pages: 15 - Vote 1: continuance - Action: 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 ### File 211190: Preparation of Findings Related to Conditional Use Authorization - 3832-18th Street - Pages: 15 - Vote 1: continuance - Action: 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 ### File 211074: Settlement of Lawsuit - Judy O’Neil - $2,500,000 - Pages: 15-16 - Vote 1: first-reading - Action: 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 ### File 211125: Memorandum of Understanding - International Union of Operating Engineers Stationary Engineers, Local 39 - Pages: 16 - Vote 1: first-reading - Action: 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 ### File 211088: Mills Act Historical Property Contract - 714 Steiner Street - Pages: 16 ### File 210381: Planning Code - Massage Establishment Zoning Controls - Pages: 16-17 - Vote 1: first-reading - Action: 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 ### File 201132: Campaign and Governmental Conduct Code - Behested Payments - Pages: 17 - Vote 1: amendment - Action: 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 - Vote 2: first-reading - Action: (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 ### File 211241: Urging Congress to Pass H.R. 5502 - INFORM Consumers Act - Pages: 18 ### File 211242: TEFRA Approval - Issuance and Sale of Limited Obligation Improvement Bonds - California Statewide Communities Development Authority - Chinese Hospital Association - Not to Exceed $45,000,000 - Pages: 18 ### File 211248: Rita Semel Day - November 15, 2021 - Pages: 18 ### File 211195: Appointment, Commission on the Aging Advisory Council - Chris Dillon - Pages: 18-19 ### File 211218: Appointments, Eastern Neighborhoods Community Advisory Committee - Irma Lewis and Jolene Yee - Pages: 19 - Vote 1: approval, likely final - Action: 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 ### File 211244: Board of Supervisors Regular Meeting Schedule - 2022 - Pages: 19 - Vote 1: amendment - Action: 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 - Vote 2: approval, likely final - Action: 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 ### File 211261: Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - U.S. Department of Justice’s Office of Violence Against Women - Domestic Violence High Risk Program - $1,000,000 - Pages: 20 ### File 211264: Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - Centers for Disease Control and Prevention - Strengthening Sexually Transmitted Disease Prevention and Control for Health Departments - $3,390,998 - Pages: 20-21 ### File 211265: Administrative Code - Tenant Opportunity To Cure; Eviction Protections - Pages: 21 ### File 211234: Planning Code - Single, Two and Three-Family Home Bonus Program - Pages: 21 ### File 211266: Loan Agreement - Sunnydale Infrastructure Phase 1A3 LLC - Sunnydale HOPE SF - Infrastructure Improvements - Not to Exceed $25,072,111 - Pages: 21 ### File 211267: Adopting a Fixed Two-Year Budget - Multiple City Departments - FYs 2022-2023 and 2023-2024 - Pages: 21-22 ### File 211268: Accept and Expend Grant - Retroactive - U.S. Department of Commerce - Driving Equity Through Downtown Recovery - $498,869 - Pages: 22 ### File 211269: Accept and Expend Grants - Sunnydale Infrastructure, LLC - Herz Playground Recreation Center - $10,000,000 - Pages: 22 ### File 211270: Jodi Schwartz LYRIC Day - December 30, 2021 - Pages: 22 ### File 211271: Urging the San Francisco Planning Director to Amend Director Bulletin No. 6 - Pages: 22 ### File 211272: Urging Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women - Pages: 22-23 ### File 211273: Setting Transition Date - Sanitation and Streets Commission and Sanitation and Streets Department - Pages: 23 ### File 211231: Appointment, Treasury Oversight Committee - Nancy Hom - Pages: 23 ### File 211274: Findings Related to Conditional Use Authorization - 450-474 O’Farrell Street and 532 Jones Street - Pages: 23 ### File 211275: Findings Related to Conditional Use Authorization - 249 Texas Street - Pages: 23 ### File 211277: Findings to Allow Teleconferenced Meetings During Declared Emergency - Pages: 23 ### File 211278: Findings Reversing the Final Environmental Impact Report Certification - 469 Stevenson Street Project - Pages: 23-24 ### File 211279: Mayoral Appointment, Municipal Transportation Agency Board of Directors - Stephanie Cajina - Pages: 24 ### File 211276: Hearing - Review of MOHCD’s BMR Program - Pages: 24 ### File 211230: Summary Street Vacation - Michigan Street in Connection with MUNI Metro East Improvements - Interdepartmental Property Transfer - Pages: 24-25 ## Extracted text ### [Page 1](https://sfbos.info/documents/810/2021-12-07-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, December 7, 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 40 ### [Page 2](https://sfbos.info/documents/810/2021-12-07-minutes#page-2) Board of Supervisors Meeting Minutes 12/7/2021 Members Present: Connie Chan, Matt Haney, Rafael Mandelman, Gordon Mar, 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, December 7, 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, Peskin, Preston, Ronen, Safai, Stefani, and Walton were noted present. Supervisor Melgar was noted not present. There was a quorum of the Board 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. Supervisor Melgar Excused from Attendance Supervisor Peskin, seconded by Supervisor Stefani, moved that Supervisor Melgar be excused from attending today’s meeting. The motion carried by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 959 Printed at 9:14 pm on 1/10/22 ### [Page 3](https://sfbos.info/documents/810/2021-12-07-minutes#page-3) Board of Supervisors Meeting Minutes 12/7/2021 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. APPROVAL OF MEETING MINUTES President Walton inquired whether any Member of the Board had any corrections to the October 26, 2021, or November 2, 2021, Regular Board Meeting Minutes, as presented. There were no corrections requested from any Member of the Board. Supervisor Preston, seconded by Supervisor Chan, moved to approve the October 26, 2021, and November 2, 2021, Regular Board Meeting Minutes, as presented. The motion carried by the following vote, following general public comment: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar AGENDA CHANGES There were no agenda changes. City and County of San Francisco Page 960 Printed at 9:14 pm on 1/10/22 ### [Page 4](https://sfbos.info/documents/810/2021-12-07-minutes#page-4) Board of Supervisors Meeting Minutes 12/7/2021 SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board 211247 [Formal Policy Discussions - December 7, 2021] Pursuant to Charter, Sections 2.103 and 3.100(7), and Administrative Code, Section 2.11, the Mayor shall discuss the following eligible topic submitted from the Supervisors representing Districts 10 and 11. The Mayor may address the Board initially for up to five minutes. Discussion shall not exceed two minutes per question or answer. 1. Dream Keeper Initiative Follow-Up (District 10) 2. Self Referrals to Congregate Shelters (District 11) Mayor London N. Breed addressed the Board of Supervisors regarding the state of San Francisco and the Tenderloin neighborhood, including the increase in violence and burglaries that she committed to work with the Board of Supervisors to address in order to ensure people feel safe. Mayor Breed then discussed the above referenced topics submitted by the District 10 and 11 Supervisors. President Walton began the discussion by asking the following question: Will you provide an update on the Dream Keeper Initiative? Mayor Breed responded with a listing of significant funding that has been allocated for new sustainable policies and programs that will deliver results to effect real change throughout the community. Mayor Breed then asked the following question: What else can we do to ensure the resources for the Dream Keeper Initiative is truly reaching the community at it’s core? President Walton responded that the resources must be pulled together, the City needs to reach out to the community to ensure there is accountability, the various City departments must be more nimble around these programs, and the resources must be dispersed to the non-profits and the community they are intended to serve. Supervisor Safai began the discussion by asking the following question: Will you prioritize and provide a timeline in which you plan to resolve the current technical difficulties the Department of Homelessness and Supportive Housing is facing as the City migrated away from the HMIS system in order to restore the 311 shelter bed entry system that was in place prior to COVID; especially as it relates to congregate shelters and winter shelters? Mayor Breed responded that necessary decisions were made when the pandemic began, and the current placement system allows for the consideration of testing. She affirmed her openness to continue discussions on what is best for shelters to expand their capacity while still considering the current health situation. Following public comment this matter was filed. No further action was taken. HEARD AND FILED City and County of San Francisco Page 961 Printed at 9:14 pm on 1/10/22 ### [Page 5](https://sfbos.info/documents/810/2021-12-07-minutes#page-5) Board of Supervisors Meeting Minutes 12/7/2021 CONSENT AGENDA Recommendation of the Budget and Finance Committee 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. Ordinance No. 230-21 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 211023 [Settlement of Lawsuit - David Joslyn - $3,250,000] Ordinance authorizing settlement of the lawsuit filed by David Joslyn against the City and County of San Francisco for $3,250,000; the lawsuit was filed on October 2, 2019, in San Francisco Superior Court, Case No. CGC-19-579230; entitled David Joslyn, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from medical negligence; other material terms of the settlement are that Iris Solano, Frederick Stewart Joslyn and Iris Lorraine Solano waive any potential future claims for wrongful death. (City Attorney) Ordinance No. 224-21 FINALLY PASSED 211024 [Settlement of Lawsuit - Huan Zheng Fang and Zhourong Fang - $2,000,000] Ordinance authorizing settlement of the lawsuit filed by Huan Zheng Fang and Zhourong Fang against the City and County of San Francisco for $2,000,000; the lawsuit was filed on May 18, 2020, in San Francisco Superior Court, Case No. CGC-20-584474; entitled Huan Zheng Fang, et al. v. City and County of San Francisco, et al.; the lawsuit involves the wrongful death of plaintiffs’ husband and son. (City Attorney) Ordinance No. 225-21 FINALLY PASSED 211068 [Settlement of Lawsuit - Tamsyn Waterhouse - $45,000] Ordinance authorizing settlement of the lawsuit filed by Tamsyn Waterhouse against the City and County of San Francisco for $45,000; the lawsuit was filed on March 6, 2020, in San Francisco Superior Court, Case No. CGC-20-583543; entitled Tamsyn Waterhouse v. City and County of San Francisco; the lawsuit involves a flooding event inside the plaintiff’s home. (City Attorney) Ordinance No. 227-21 FINALLY PASSED City and County of San Francisco Page 962 Printed at 9:14 pm on 1/10/22 ### [Page 6](https://sfbos.info/documents/810/2021-12-07-minutes#page-6) Board of Supervisors Meeting Minutes 12/7/2021 211069 [Settlement of Lawsuit - Christina Yiu and Jeremy Yiu - $135,000] Ordinance authorizing settlement of the lawsuit filed by Christina Yiu and Jeremy Yiu against the City and County of San Francisco for $135,000; the lawsuit was filed on December 4, 2019, in San Francisco Superior Court, Case No. CGC-19-581298; entitled Christina Yiu, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury arising from a motor vehicle accident. (City Attorney) Ordinance No. 228-21 FINALLY PASSED 211070 [Settlement of Lawsuit - Victor Picazo - $46,000] Ordinance authorizing settlement of the lawsuit filed by Victor Picazo against the City and County of San Francisco for $46,000; the lawsuit was filed on April 3, 2019, in San Francisco Superior Court, Case No. CGC-19-575009; entitled Victor Picazo v. George Gascon, et al.; the lawsuit involves alleged civil rights violations. (City Attorney) Ordinance No. 229-21 FINALLY PASSED Recommendation of the Land Use and Transportation Committee 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 963 Printed at 9:14 pm on 1/10/22 ### [Page 7](https://sfbos.info/documents/810/2021-12-07-minutes#page-7) Board of Supervisors Meeting Minutes 12/7/2021 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Budget and Finance Committee 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: 8 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Walton Noes: 2 - Safai, Stefani Excused: 1 - Melgar Referred Without Recommendation from the Budget and Finance Committee 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 964 Printed at 9:14 pm on 1/10/22 ### [Page 8](https://sfbos.info/documents/810/2021-12-07-minutes#page-8) Board of Supervisors Meeting Minutes 12/7/2021 Recommendation of the Land Use and Transportation Committee 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar Recommendation of the Public Safety and Neighborhood Services Committee 211030 [Police, Health Codes - Regulation of Cannabis Businesses] Sponsors: Safai; Mar, Chan and Preston Ordinance amending the Police Code to clarify that the Office of Economic and Workforce Development (“OEWD”) may establish standards governing the certification of cannabis-related pre-apprenticeship programs that relate to social equity training, license incubation processes, underserved 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 965 Printed at 9:14 pm on 1/10/22 ### [Page 9](https://sfbos.info/documents/810/2021-12-07-minutes#page-9) Board of Supervisors Meeting Minutes 12/7/2021 Recommendation of the Rules Committee 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. Privilege of the floor was granted unanimously to Sheriff Paul Miyamoto (Sheriff’s Department) and Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Mandelman, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 5, by adding ‘to retail and commercial establishments’; on Page 2, Line 3, by adding ‘”Commercial” establishment means an establishment whose purpose is financial gain’, Lines 10-11, by adding ‘”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: 8 - Chan, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani Noes: 2 - Preston, Walton Excused: 1 - 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: 7 - Chan, Haney, Mandelman, Mar, Peskin, Safai, Stefani Noes: 3 - Preston, Ronen, Walton Excused: 1 - Melgar City and County of San Francisco Page 966 Printed at 9:14 pm on 1/10/22 ### [Page 10](https://sfbos.info/documents/810/2021-12-07-minutes#page-10) Board of Supervisors Meeting Minutes 12/7/2021 NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar 211095 [Park Code - Discounts For Veterans] Sponsors: Mar; Melgar, Stefani, Walton, Safai, Ronen, Haney, Preston and Mandelman 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. (Fiscal Impact) Supervisors Preston and Mandelman requested to be added as co-sponsors. Supervisor Mar, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, : on Page 1, Lines 5-6, by adding ‘who reside in San Francisco; and expanding said discounts to all veterans and active members upon certification of funds by the Controller’; on Page 1, Line 23, through Page 2, Line 4, by adding ‘(b) The proviso 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 967 Printed at 9:14 pm on 1/10/22 ### [Page 11](https://sfbos.info/documents/810/2021-12-07-minutes#page-11) 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 968 Printed at 9:14 pm on 1/10/22 ### [Page 12](https://sfbos.info/documents/810/2021-12-07-minutes#page-12) Board of Supervisors Meeting Minutes 12/7/2021 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar President Walton requested File Nos. 211141 and 211144 be called together. 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 969 Printed at 9:14 pm on 1/10/22 ### [Page 13](https://sfbos.info/documents/810/2021-12-07-minutes#page-13) Board of Supervisors Meeting Minutes 12/7/2021 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar Recommendation of the Land Use and Transportation Committee 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Mandelman, seconded by Supervisor Ronen, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guest(s). The motion carried by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar Supervisor Mandelman introduced, welcomed, and presented a Certificate of Honor to Regina Dick-Endrizzi, Executive Director (Office of Small Business) on the occasion of her retirement after more than 16 years with the City and County of San Francisco, and in recognition of her many accomplishments. Supervisors Ronen, Chan, Safai, Preston, and Haney shared in this commendation. City and County of San Francisco Page 970 Printed at 9:14 pm on 1/10/22 ### [Page 14](https://sfbos.info/documents/810/2021-12-07-minutes#page-14) Board of Supervisors Meeting Minutes 12/7/2021 SPECIAL ORDER 3:00 P.M. President Walton requested File Nos. 211187, 211188, 211189, and 211190 be called together. 211187 [Hearing - Appeal of Conditional Use Authorization Approval - 3832-18th Street] Hearing of persons interested in or objecting to the approval of a Conditional Use Authorization pursuant to Sections 209.2, 253, 303, and 317, of the Planning Code, for a proposed project at 3832-18th Street, Assessor's Parcel Block No. 3580, Lot No. 018, identified in Planning Case No. 2020-001610CUA, issued by the Planning Commission by Motion No. 21016, dated October 14, 2021, to allow demolition of a single-family residence and approval of an individually requested state density bonus project pursuant to Planning Code, Section 206.6 (using the State Density Bonus Law (California Government Code, Sections 65915-65918)), for the project invoking waivers 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 971 Printed at 9:14 pm on 1/10/22 ### [Page 15](https://sfbos.info/documents/810/2021-12-07-minutes#page-15) Board of Supervisors Meeting Minutes 12/7/2021 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar COMMITTEE REPORTS Recommendations of the Government Audit and Oversight Committee 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 972 Printed at 9:14 pm on 1/10/22 ### [Page 16](https://sfbos.info/documents/810/2021-12-07-minutes#page-16) Board of Supervisors Meeting Minutes 12/7/2021 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar 211088 [Mills Act Historical Property Contract - 714 Steiner Street] Resolution approving a historical property contract between Leah Culver Revocable Trust, the owner of 714 Steiner Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) (This item was not sent as a committee report.) Recommendation of the Land Use and Transportation Committee 210381 [Planning Code - Massage Establishment Zoning Controls] Sponsors: Ronen; Mandelman and Preston Ordinance amending the Planning Code to revise Massage Establishment zoning controls, including, among other things, to: 1) add Sole Practitioner 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar City and County of San Francisco Page 973 Printed at 9:14 pm on 1/10/22 ### [Page 17](https://sfbos.info/documents/810/2021-12-07-minutes#page-17) Board of Supervisors Meeting Minutes 12/7/2021 Recommendation of the Rules Committee 201132 [Campaign and Governmental Conduct Code - Behested Payments] Sponsors: Haney; Peskin, Chan, Walton, Preston and Mar Ordinance amending the Campaign and Governmental Conduct Code to expand the definition of interested party to include City contractors, persons seeking to 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar (Meet and confer obligations met.) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Anonymous; shared a document and expressed concerns regarding text messages between Department staff and the subsequent Sunshine Ordinance Task Force determination regarding their disclosure. Chris Former; expressed support for safe injection sites and shared concerns regarding the furtherance of this program. Speaker; shared concerns regarding unhoused individuals and the funding that should be allocated to services and programs. Speaker; expressed concerns regarding the location of safe injections sites and where they are actually needed. City and County of San Francisco Page 974 Printed at 9:14 pm on 1/10/22 ### [Page 18](https://sfbos.info/documents/810/2021-12-07-minutes#page-18) Board of Supervisors Meeting Minutes 12/7/2021 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 211241 [Urging Congress to Pass H.R. 5502 - INFORM Consumers Act] Sponsors: Mandelman; Safai and Mar Resolution urging Congress to pass H.R. 5502, the INFORM Consumers Act, requiring online marketplaces to collect, verify, and disclose certain information from high-volume, third-party sellers, with no further amendments. Supervisors Safai and Mar requested to be added as co-sponsors. Resolution No. 554-21 ADOPTED 211242 [TEFRA Approval - Issuance and Sale of Limited Obligation Improvement Bonds - California Statewide Communities Development Authority - Chinese Hospital Association - Not to Exceed $45,000,000] Sponsors: Peskin; Haney Resolution approving for purposes of Internal Revenue Code, Section 147(f), the Issuance and Sale of Limited Obligation Improvement Bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $45,000,000 to refinance the acquisition, construction and installation of seismic strengthening improvements and other authorized improvements in certain health care facilities owned and operated by Chinese Hospital Association, a California nonprofit public benefit corporation. Supervisor Haney requested to be added as a co-sponsor. Resolution No. 555-21 ADOPTED 211248 [Rita Semel Day - November 15, 2021] Sponsors: Melgar; Mandelman, Stefani, Walton, Preston, Safai and Mar Resolution retroactively declaring November 15, 2021, as Rita Semel Day in the City and County of San Francisco, in recognition of her many years of outstanding service in interfaith and civil rights work and celebrating her 100 years on this planet. Supervisors Preston, Safai, and Mar requested to be added as co-sponsors. Resolution No. 556-21 ADOPTED 211195 [Appointment, Commission on the Aging Advisory Council - Chris Dillon] Motion appointing Chris Dillon, term ending March 31, 2023, to the Commission on the Aging Advisory Council. (Clerk of the Board) Motion No. M21-166 APPROVED City and County of San Francisco Page 975 Printed at 9:14 pm on 1/10/22 ### [Page 19](https://sfbos.info/documents/810/2021-12-07-minutes#page-19) Board of Supervisors Meeting Minutes 12/7/2021 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar Severed from the For Adoption Without Committee Reference Agenda Supervisor Ronen requested that File No. 211244 be severed so that it may be considered separately. 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - 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: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 976 Printed at 9:14 pm on 1/10/22 ### [Page 20](https://sfbos.info/documents/810/2021-12-07-minutes#page-20) Board of Supervisors Meeting Minutes 12/7/2021 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 211261 [Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - U.S. Department of Justice’s Office of Violence Against Women - Domestic Violence High Risk Program - $1,000,000] Sponsors: Mayor; Stefani Ordinance retroactively authorizing the Department on the Status of Women to accept and expend a grant in the amount of $1,000,000 through the United States (U.S.) Department of Justice’s Office of Violence Against Women for the Domestic Violence High Risk Program, and amending Ordinance No. 109-21 (Annual Salary Ordinance File No. 210644 for Fiscal Years (FYs) 2021-2022, 2022-2023) to provide for the addition of one grant-funded Class 1820 Junior Administrative Analyst position (FTE 1.00) for the period of October 1, 2021, through September 30, 2024. (Department on the Status of Women) 12/07/21; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 1/6/2022. 211264 [Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - Centers for Disease Control and Prevention - Strengthening Sexually Transmitted Disease Prevention and Control for Health Departments - $3,390,998] Sponsor: Mayor Ordinance retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $2,246,359 for a total amount of $3,390,998 from the Centers for Disease Control and Prevention for participation in a program, entitled “Strengthening Sexually Transmitted Disease Prevention and Control for Health Departments (Sexually Transmitted Disease Prevention and Control for Health Departments),” for the period of January 1, 2021, through December 31, 2021; and amending Ordinance No. 166-20 (Annual Salary Ordinance File No. 200568 for Fiscal Years 2020-2021 and 2021-2022) to provide for the addition of eight grant-funded full-time positions in Class 0922 Manager I (1.0 FTE), Class 2593 Health Program Coordinator III (3.0 FTE), 2232 Senior Physician Specialist (1.0 FTE), Class 2803 Epidemiologist II (1.0 FTE), and 2119 Health Care Analyst (2.0 FTE). (Public Health Department) 12/07/21; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 1/6/2022. City and County of San Francisco Page 977 Printed at 9:14 pm on 1/10/22 ### [Page 21](https://sfbos.info/documents/810/2021-12-07-minutes#page-21) Board of Supervisors Meeting Minutes 12/7/2021 211265 [Administrative Code - Tenant Opportunity To Cure; Eviction Protections] Sponsors: Preston; Walton, Chan, Peskin, Ronen, Haney and Melgar Ordinance amending the Administrative Code to require landlords pursuing certain types of evictions to first provide their tenants written notice and an opportunity to cure, unless the eviction is based on an imminent health or safety issue or the non-payment of COVID-19 rental debt; and making findings that the eviction protections in the Rent Ordinance are more protective than those found in State law pursuant to California Civil Code, Section 1946.2. 12/07/21; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 1/6/2022. 211234 [Planning Code - Single, Two and Three-Family Home Bonus Program] Sponsor: Safai Ordinance amending the Planning Code to create a density bonus program in RH-1 (Residential, House, One-Family), RH-2 (Residential, House, Two-Family), and RH-3 (Residential, House, Three-Family) zoning 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. 11/30/21; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 12/30/2021. 12/03/21; REFERRED TO DEPARTMENT. 12/07/21; SUBSTITUTED AND ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee. RESOLUTIONS 211266 [Loan Agreement - Sunnydale Infrastructure Phase 1A3 LLC - Sunnydale HOPE SF - Infrastructure Improvements - Not to Exceed $25,072,111] Sponsors: Mayor; Walton Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute an Amended and Restated Loan Agreement with Sunnydale Infrastructure Phase 1A3 LLC, a California limited liability company, for a total loan amount not to exceed $25,072,111 to finance the second phase of infrastructure improvements and housing development related to the revitalization and master development of up to 1,770 units of replacement public housing, affordable housing and market rate housing, commonly known as the Sunnydale HOPE SF Development (“Sunnydale Project”); and adopting findings that the loan agreement is consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the priority policies of Planning Code, Section 101.1. (Fiscal Impact; No Budget and Legislative Analyst Report) 12/07/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 211267 [Adopting a Fixed Two-Year Budget - Multiple City Departments - FYs 2022-2023 and 2023-2024] Sponsor: Mayor Resolution adopting a fixed two-year budgetary cycle for the following various City departments: Airport, Port, and Public Utilities Commission for Fiscal Years (FYs) 2022-2023 and 2023-2024; defining terms; and setting deadlines. 12/07/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 978 Printed at 9:14 pm on 1/10/22 ### [Page 22](https://sfbos.info/documents/810/2021-12-07-minutes#page-22) Board of Supervisors Meeting Minutes 12/7/2021 211268 [Accept and Expend Grant - Retroactive - U.S. Department of Commerce - Driving Equity Through Downtown Recovery - $498,869] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $498,869 from the U.S. Department of Commerce for Driving Equity through Downtown Recovery during the grant period of December 1, 2021, through September 30, 2022. (Department of Economic and Workforce Development) 12/07/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 211269 [Accept and Expend Grants - Sunnydale Infrastructure, LLC - Herz Playground Recreation Center - $10,000,000] Sponsors: Mayor; Walton Resolution authorizing the Recreation and Park Department to accept and expend cash and/or in-kind grants valued at $10,000,000 from Sunnydale Infrastructure, LLC, to design and construct the Herz Playground Recreation Center, for a term to commence upon approval by the Board of Supervisors through June 30, 2024. (Recreation and Park Department) (Fiscal Impact; No Budget and Legislative Analyst Report) 12/07/21; RECEIVED AND ASSIGNED to Budget and Finance Committee. 211270 [Jodi Schwartz LYRIC Day - December 30, 2021] Sponsors: Mandelman; Walton, Ronen, Preston, Peskin, Mar, Safai and Haney Resolution declaring December 30, 2021, as “Jodi Schwartz LYRIC Day” in the City and County of San Francisco, in recognition of her significant accomplishments over fifteen years as Executive Director of LYRIC. 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 211271 [Urging the San Francisco Planning Director to Amend Director Bulletin No. 6] Sponsors: Peskin; Chan and Mandelman Resolution urging the San Francisco Planning Director to improve the clarity and effectiveness of the State Density Bonus application process by amending Director Bulletin No. 6 to require that project sponsors submit a financial analysis that has been evaluated and confirmed by a qualified third-party consultant, as determined by the Planning Department. 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 211272 [Urging Ratification of the Convention on the Elimination of All Forms of Discrimination Against Women] Sponsors: Stefani; Ronen, Mandelman, Safai and Haney Resolution urging the United States Senate to ratify the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 979 Printed at 9:14 pm on 1/10/22 ### [Page 23](https://sfbos.info/documents/810/2021-12-07-minutes#page-23) Board of Supervisors Meeting Minutes 12/7/2021 MOTIONS 211273 [Setting Transition Date - Sanitation and Streets Commission and Sanitation and Streets Department] Sponsor: Haney Motion setting July 1, 2022, as the Transition Date, pursuant to Charter, Section 4.139(d), for purposes of establishing the Sanitation and Streets Commission; the Sanitation and Streets Department will come into existence three months after the Transition Date. 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 211231 [Appointment, Treasury Oversight Committee - Nancy Hom] Motion approving/rejecting the Treasurer’s nomination of Nancy Hom, for a term ending June 17, 2022, to the Treasury Oversight Committee. (Clerk of the Board) 11/23/21; RECEIVED FROM DEPARTMENT. 12/07/21; RECEIVED AND ASSIGNED to Rules Committee. 211274 [Findings Related to Conditional Use Authorization - 450-474 O’Farrell Street and 532 Jones Street] Motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 20935, approving a Planned Unit Development and Conditional Use Authorization, identified as Planning Case No. 2013.1535CUA-02, for a proposed project located at 450-474 O’Farrell Street and 532 Jones Street. (Clerk of the Board) 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 211275 [Findings Related to Conditional Use Authorization - 249 Texas Street] Motion adopting findings in support of the Board of Supervisors’ decision to disapprove a Conditional Use Authorization, identified as Planning Case No. 2020-003223CUA, for a proposed project at 249 Texas Street. (Clerk of the Board) 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 211277 [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) 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 211278 [Findings Reversing the Final Environmental Impact Report Certification - 469 Stevenson Street Project] Motion adopting findings to reverse the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed 469 Stevenson Street project. (Clerk of the Board) 12/07/21; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 980 Printed at 9:14 pm on 1/10/22 ### [Page 24](https://sfbos.info/documents/810/2021-12-07-minutes#page-24) Board of Supervisors Meeting Minutes 12/7/2021 211279 [Mayoral Appointment, Municipal Transportation Agency Board of Directors - Stephanie Cajina] Motion approving the Mayor’s nomination for the appointment of Stephanie Cajina to the Municipal Transportation Agency Board of Directors, for a term ending March 1, 2022. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: December 8, 2021.) REQUEST FOR HEARING 211276 [Hearing - Review of MOHCD’s BMR Program] Sponsor: Safai Hearing on the review and status of the Mayor’s Office of Housing and Community Development’s (MOHCD) Below Market Rate (BMR) Program, including inquiring about the number of participants in the Program, what Area Median Income’s (AMI) are currently being serviced, the Program’s funding availability, participant demographics, number of units in development, and number of units currently available; and requesting MOHCD to report. 12/07/21; RECEIVED AND ASSIGNED to Land Use and Transportation 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 ORDINANCE 211230 [Summary Street Vacation - Michigan Street in Connection with MUNI Metro East Improvements - Interdepartmental Property Transfer] Draft Ordinance ordering the summary street vacation of a portion of Michigan Street, generally bounded by Assessor’s Parcel Block No. 4298 to the north and west, Assessor’s Parcel Block No. 4310 to the east, and Cesar Chavez Street to the south, as part of the improvement of the MUNI Metro East maintenance facility, subject to the approval of the San Francisco Municipal Transportation Agency (“SFMTA”) Board of Directors; approving the interdepartmental transfer of the vacation area from Public Works to SFMTA, subject to the approval of the SFMTA Board of Directors; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the actions contemplated in this Ordinance are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in furtherance of this Ordinance, as defined herein. (Public Works) 11/23/21; RECEIVED FROM DEPARTMENT. 12/07/21; ASSIGNED UNDER 30 DAY RULE PENDING APPROVAL AS TO FORM to Land Use and Transportation Committee. City and County of San Francisco Page 981 Printed at 9:14 pm on 1/10/22 ### [Page 25](https://sfbos.info/documents/810/2021-12-07-minutes#page-25) Board of Supervisors Meeting Minutes 12/7/2021 Request Granted From: Supervisor Mar To: Budget & Legislative Analyst Requesting the BLA to gather information on how other jurisdictions plan for the continuum of senior housing needs, with a report that: - Identifies key domestic and international jurisdictions with successful senior housing policies, plans and/or outcomes - Identifies creative policies, including but not limited to publicly subsidized programs, land use policies, incentives for private market options, and/or protection and preservation policies - Focuses on ideas not currently implemented in San Francisco In Memoriams Charlotte Mailliard Shultz - Full Board Raysean Jones Sr. - President Walton ADJOURNMENT There being no further business, the Board adjourned at the hour 5:31 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 January 11, 2022. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 982 Printed at 9:14 pm on 1/10/22