# Board of Supervisors Minutes: December 7, 2021 - Meeting date: 2021-12-07 - Document type: minutes - Source format: PDF - Extracted pages: 25 - [Canonical HTML transcript](https://sfbos.info/documents/810/2021-12-07-minutes) - [Authoritative City source](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 source is the authoritative public record. ## Structured legislative records ### 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 - Sponsors: Mayor - 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 - Sponsors: Ronen; Mandelman and Preston - 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 - Sponsors: Haney; Peskin, Chan, Walton, Preston and Mar - 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 ## Extracted text ### [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