Board of Supervisors Minutes: February 1, 2022

210869 [Police Code - Private Protection and Security Services] Sponsors: Stefani; Safai, Mandelman and Melgar Ordinance amending the Police Code to require the Police Department to perform an analysis for the implementation of Article 25, which, among other things, provides for registration of private protection and security services with the Police Department, to ensure that private security firms abide by all legal requirements and that they not engage in racial profiling or other discriminatory practices. Supervisor Melgar reqeusted to be added as a co-sponsor. Ordinance No. 013-22 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

211221 [Settlement of Lawsuit - Dacari Spiers - $700,000] Ordinance authorizing settlement of the lawsuit filed by Dacari Spiers against the City and County of San Francisco for $700,000; the lawsuit was filed on March 6, 2020, in United States District Court, Northern District of California, Case No. 20-cv-01357-JSC; entitled Dacari Spiers v. City and County of San Francisco, et al.; the lawsuit involves an alleged civil rights violation. (City Attorney) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Stefani, seconded by Supervisor Mandelman, moved that this Ordinance be CONTINUED ON FIRST READING to a Closed Session at the Board of Supervisors meeting of February 8, 2022. The motion carried by the following vote:

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

Noes: None

he IRFD submitted waivers allowing for an accelerated election timeline and waiving any requirement of applicable law pertaining to the conduct of the special election and submitted ballots in favor of the propositions, staff has concluded, upon consultation with the City Attorney and bond counsel, that there is no reasonable basis to conclude that the mis-sequencing described above would have changed the outcome of the election; and WHEREAS, Based on the information presented to it, the Board of Supervisors has determined that there is no reasonable basis to conclude that the mis-sequencing described above would have affected the outcome of the election, and the Board of Supervisors wishes to ratify, confirm and approve the Resolution Proposing Amendments, the Election Resolution and the election’; on Page 7, Lines 24-25, by adding ‘all of’ and striking ‘by more than two-thirds of the votes cast at the special election’; and on Page 8, Line 25, through Page 9, Line 2, by adding ‘including the Resolution Proposing Amendments, the Election Resolution and the election at which all of the qualified electors voted in favor of the propositions’. The motion carried by the following vote:

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

Noes: None

City and County of San Francisco Page 76 Printed at 4:54 pm on 3/14/22 Board of Supervisors Meeting Minutes 2/1/2022 Supervisor Haney, seconded by Supervisor Mandelman, moved that this Resolution be CONTINUED AS AMENDED to the Board of Supervisors meeting of February 8, 2022. The motion carried by the following vote:

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

Noes: None

erated election timeline and waiving any requirement of applicable law pertaining to the conduct of the special election and submitted ballots in favor of the propositions, there is no reasonable basis to conclude that the mis-sequencing described above would have affected the outcome of the election.’; on Page 10, Lines 12-16, by adding ‘The Board of Supervisors hereby ratifies, approves and confirms all actions heretofore taken with respect to the matters described in this ordinance, including the Resolution Proposing Amendments, the Election Resolution, the Election Results Resolution and the election at which all of the qualified electors voted in favor of the propositions.’; and on Page 11, Lines 8-12, by adding ‘Section 6. Under Section 53369.7 of the IRFD Law, any action or proceeding to attack, review, set aside, void, or annul the addition of territory to the IRFD, the amended boundaries of certain Initial Project Areas and the Amended IFP, including any action or proceeding citing the technical errors or irregularities related to the election described above, must be commenced within 30 days after the enactment of this ordinance.’ The motion carried by the following vote:

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

Noes: None

Supervisor Haney, seconded by Supervisor Mandelman, moved that this Ordinance be CONTINUED ON FIRST READING AS AMENDED to the Board of Supervisors meeting of February 8, 2022. The motion carried by the following vote:

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

Noes: None

- Centers for Disease Control and Prevention - Strengthening Sexually Transmitted Disease Prevention and Control for Health Departments - $3,390,998] Sponsors: Mayor; Mandelman 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) Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

211227 [Real Property License - City of Daly City - Two Groundwater Project Wells - 377 and 370 South Park Plaza Drive, Daly City, California] Resolution approving and authorizing the execution of a No-Fee License with the City of Daly City for the operation and maintenance of two Groundwater Project Wells on land owned by the City of Daly City located at 377 and 370 South Park Plaza Drive, Daly City, San Mateo County, California; and authorizing the San Francisco Public Utilities Commission's General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein, for a term to commence upon execution of the License through June 30, 2034. (Public Utilities Commission) Resolution No. 038-22 ADOPTED by the following vote:

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

Noes: None

211240 [Apologizing to Chinese Immigrants and Their Descendants] Sponsors: Haney; Walton, Safai, Mar, Stefani and Mandelman Resolution apologizing on behalf of the Board of Supervisors of the City and County of San Francisco to Chinese immigrants and their descendants for systemic and structural discrimination, targeted acts of violence, and atrocities; and committing to the rectification and redress of past policies and misdeeds. Supervisors Mar, Stefani, and Mandelman requested to be added as co-sponsors. Resolution No. 039-22 ADOPTED by the following vote:

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

Noes: None

apply to the California Department of Housing and Community Development for its Homekey Grant Program to purchase the Property; 3) approving and authorizing an Agreement of Purchase and Sale for Real Estate for the acquisition of the Property from VSSF Associates, LLC (“Purchase Agreement”), which includes a liquidated damages clause of up to $250,000 in case of default by the City, and an interim property management fee not to exceed $5,000 per month, plus reasonable operating expenses for the Property, to be paid to VSSF Associates, LLC until the City selects an operator for the Property; 4) authorizing the Director of Property to execute the Purchase Agreement, make certain modifications, and take certain actions in furtherance of this Resolution and the Purchase Agreement, as defined herein; 5) affirming the Planning Department’s determination under the California Environmental Quality Act; and 6) adopting the Planning Department’s findings that the Purchase Agreement, and the transaction contemplated therein, is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 036-22 ADOPTED by the following vote:

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

Noes: None

0 Randolph/409 Head Street, 2206-2268 Great Highway and 1357-1371 Eddy Street (also known as 1353-1367 Eddy Street) known as “SFHA Scattered Sites” within the City; approving the form of and authorizing the execution of an indenture of trust providing the terms and conditions of the bonds; approving the form of and authorizing the execution of one or more regulatory agreements and declarations of restrictive covenants; approving the form of and authorizing the execution of one or more loan agreements providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of an assignment of deed of trust documents; authorizing the collection of certain fees; approving modifications, changes and additions to the documents, as defined herein; ratifying and approving any action heretofore taken in connection with the bonds and the project, as defined herein; and granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Supervisor Preston requested to be added as a co-sponsor. Resolution No. 018-22 ADOPTED by the following vote:

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

Noes: None

211223 [Settlement of Lawsuit - Leadwell Global Property LLC - Stipulated Assessed Value of $152,600,000] Ordinance authorizing settlement of the lawsuit filed by Leadwell Global Property LLC against the City and County of San Francisco for a stipulated assessed value of the real property located at 1 Nob Hill Circle, aka 999 California Street, San Francisco, CA (Assessor’s Parcel Block No. 0255, Lot No. 002) (the “Subject Property”) of $152,600,000 as of February 28, 2017, contingent upon the Assessment Appeals Board’s approval; the lawsuit was filed on June 26, 2020, in San Francisco Superior Court, Case No. CGC-20-585163; entitled Leadwell Global Property LLC v. City and County of San Francisco, et al.; the lawsuit involves the assessed value of the Subject Property for property tax purposes as of the February 28, 2017, change in ownership date. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

220049 [Public Defender’s “MAGIC” (Mobilization for Adolescent Growth in our Communities) Programs in the Bayview and Fillmore/Western Addition Neighborhoods] Sponsors: Walton; Preston, Chan, Mandelman and Safai Resolution authorizing the Public Defender’s “MAGIC” (Mobilization for Adolescent Growth in our Communities) Programs in the Bayview and Fillmore/Western Addition Neighborhoods, and expressing the Board of Supervisors’ continued support for those programs. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 042-22 ADOPTED by the following vote:

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

Noes: None

e for Affordable Housing Construction] Sponsor: Peskin Ordinance amending the Administrative Code to create the Central SoMa Legacy Business & PDR Support Fund and the Jackson Playground Park Fund; crediting payments to be made by KR Flower Mart, LLC under the Flower Mart Development Agreement against Eastern Neighborhoods Infrastructure Fees under Planning Code, Section 423, and Transportation Sustainability Fees under Planning Code, Section 411A; authorizing the City to accept land located at 71 Boardman Place and 356 Harriet Street (Assessor's Parcel Block No. 3779, Lot Nos. 084 and 112) for affordable housing; and providing KR Flower Mart, LLC credit against Jobs-Housing Linkage Fees under Planning Code, Section 413, for the value of that land; authorizing the attachment of missing pages to the Transportation Demand Management exhibit of the Development Agreement; making findings under the California Environmental Quality Act, findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b), and public necessity, convenience, and welfare findings under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Noes: None

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.) Motion No. M22-010 APPROVED by the following vote:

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

Noes: None

Supervisor Mar Excused from Voting Supervisor Ronen, seconded by Supervisor Mandelman, moved that Superisor Mar be excused from voting on File No. 220055. The motion carried by the following vote:

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

Noes: None

Excused: Mar

220055 [Reappointment, Local Agency Formation Commission - Supervisor Gordon Mar] Motion reappointing Supervisor Gordon Mar, term ending February 4, 2026, to the Local Agency Formation Commission. (Clerk of the Board) Motion No. M22-011 APPROVED by the following vote:

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

Noes: None

Excused: Mar

City and County of San Francisco Page 81 Printed at 4:54 pm on 3/14/22 Board of Supervisors Meeting Minutes 2/1/2022 Supervisor Preston Excused from Voting Supervisor Peskin, seconded by Supervisor Safai, moved that Supervisor Preston be excused from voting on File No. 220056. The motion carried by the following vote:

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

Noes: None

Excused: Preston

220056 [Reappointment, Local Agency Formation Commission - Supervisor Dean Preston] Motion reappointing Supervisor Dean Preston, term ending February 4, 2026, as an alternate to the Local Agency Formation Commission. (Clerk of the Board) Motion No. M22-012 APPROVED by the following vote:

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

Noes: None

Excused: Preston

220067 [Appointments, Citizens' General Obligation Bond Oversight Committee - Andrea Marmo Crawford and Timothy Mathews] Motion appointing Andrea Marmo Crawford and Timothy Mathews, terms expiring November 21, 2022, to the Citizens General Obligation Bond Oversight Committee. (Clerk of the Board) Motion No. M22-013 APPROVED by the following vote:

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

Noes: None

220025 [Closed Session - Existing Litigation - Pacific Gas and Electric Company - February 15, 2022] Closed Session for the Board of Supervisors to convene on February 1, 2022, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation on the Pacific Gas and Electronic Company (PG&E) Power Asset Acquisition Project California Environmental Quality Act (CEQA); scheduled pursuant to Motion No. M22-004 (File No. 220024), approved on January 11, 2022. (Clerk of the Board) President Walton informed the Board that he would be making a motion to continue this Closed Session to a later date and inquired whether any individual wished to address the Board regarding the proposed continuance. There were no speakers. The President closed public comment on the continuance. Supervisor Walton, seconded by Supervisor Preston, moved that this Closed Session be CONTINUED to the Board of Supervisors meeting of February 15, 2022. The motion carried by the following vote:

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

Noes: None

220100 [Concurring in Actions to Meet Local Emergency - Coronavirus Response - Forty-Fourth Supplement] Sponsor: Walton Motion concurring in actions taken by the Mayor in the Forty-Fourth Supplement to the Proclamation of Emergency to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic by authorizing the Controller to develop and issue a policy to allow the City to continue to provide funding under existing agreements to non-profit organizations that are unable to provide services under contracts or grant agreements with the City due to disruptions related to COVID-19 during the local emergency, and authorizing a program to provide additional paid sick leave to City employees and “as needed” employees to be used for COVID-19 infection, COVID-19 exposure, or direct impacts of COVID-19 on employees and their families. Motion No. M22-015 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Supervisor Preston, seconded by Supervisor Mar, moved to rescind the previous vote in order to receive additional public comment. The motion carried by the following vote:

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

Noes: None

The foregoing items were acted upon by the following vote:

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

Noes: None