Board of Supervisors Minutes: March 8, 2022

211293 [Forgiveness of Appropriation Advances for San Francisco Unified School District - $26,600,000] Sponsors: Mayor; Ronen, Safai and Mar Ordinance waiving the condition in Ordinance Nos. 33-19 and 169-19 that required the San Francisco Unified School District to repay the City a total amount of $26,600,000 using revenues from the voter-approved parcel tax in June 2018’s Proposition G; and rescinding the direction in those Ordinances to the Controller to transfer funds from accumulated balances of Proposition G revenues to repay the General Fund advances. (Fiscal Impact) Ordinance No. 038-22 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

211263 [Planning Code - Massage Establishment Zoning Controls] Sponsors: Mandelman; Ronen and Preston Ordinance amending the Planning Code to revise Massage Establishment zoning controls to regulate Massage Establishments generally consistent with regulation of Health Services, with some exceptions, including to make Massage Establishments principally permitted if accessory to a Health Service; 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. 037-22 FINALLY PASSED by the following vote:

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

Noes: None

211296 [Administrative Code - Amending the Family Friendly Workplace Ordinance] Sponsors: Chan; Melgar, Ronen, Walton, Safai, Peskin, Preston and Mar Ordinance amending the Administrative Code to provide under the Family Friendly Ordinance that Employees shall be permitted a Flexible or Predictable Working Arrangement unless such an arrangement would cause an Employer undue hardship; requiring Employers to engage in an interactive process to find a mutually agreeable Flexible or Predictable Working Arrangement; strengthening enforcement of the Ordinance; and making other changes, as defined herein. Ordinance No. 039-22 FINALLY PASSED by the following vote:

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

Noes: None

211292 [Various Codes - Street Vendor Regulation] Sponsors: Mayor; Safai, Ronen, Mar and Haney Ordinance amending the Public Works Code to regulate vending, require permits for vending, and authorize permit fees and enforcement actions; amending provisions of the Administrative, Business and Tax Regulations, Park, and Police Codes to conform with those amendments; amending the Port Code to merge its permit program with the Public Works permit program; repealing reporting provisions from the Health Code; and adopting findings under the California Environmental Quality Act. (Fiscal Impact) (Racial Equity Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

211295 [Park Code - Admission Fees at the Gardens of Golden Gate Park] Sponsors: Mayor; Mar Ordinance amending the Park Code to waive fees for admission by San Francisco residents to the Japanese Tea Garden and the Conservatory of Flowers; to authorize the Recreation and Park Department to waive or discount other admission fees at these facilities as well as at the San Francisco Botanical Garden (all three collectively, “the Gardens”); to require the Recreation and Park Department to begin waiving admission fees for Veterans at the Gardens; to fund these changes by reauthorizing the Recreation and Park Department to set admission fees for non-resident adults at the Gardens through flexible pricing, based on certain factors and to ensure consistency among all three Gardens; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

questions raised throughout the discussion. Supervisor Haney, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 1, by adding ‘Retroactive’, Line 3, by adding ‘retroactively’, Lines 5-6, by changing ‘on-or-around February 11’ to ‘January 1’, Line 6, by changing ‘March 31’ to ‘June 30’, and Line 12, by changing ‘on-or-around February 11’ to ‘January 1’ and changing ‘March 31’ to ‘June 30’; on Page 2, Lines 6-9, by adding ‘(c) In May 2021, the Department notified the Office of Cannabis of its intent to award a grant of $3,075,769 to support the processing of commercial cannabis applications by the Office of Cannabis for a term of on or around February 11, 2022 through March 31, 2025.’, Lines 20-22, by striking ‘(d) In May 2021, Department notified the Office of Cannabis of its intent to award a grant of $3,075,769 to the Office of Cannabis to support the processing of commercial cannabis applications on or around February 11, 2022 through March 31, 2025.’, and Line 24, by adding retroactively’; and on Page 3, Lines 1-2, by changing ‘for’ to ‘retroactively authorizes’. The motion carried by the following vote:

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

Noes: None

Ordinance retroactively authorizing the Office of Cannabis to accept and expend a grant award in the amount of $3,075,769 from the Department of Cannabis Control for the Local Jurisdiction Assistance Grant Program for a term of January 1, 2022, through June 30, 2025; and amending Ordinance No. 109-21 (Annual Salary Ordinance File No. 210644 for Fiscal Years 2021-2022 and 2022-2023) to provide for the addition of one grant funded Class 1824 Principal Administrative Analyst position (FTE 0.20), one grant funded Class 1823 Senior Administrative Analyst position (FTE 1.0), and three grant funded class 1822 Administrative Analyst positions (FTE 3.0) at the Office of Cannabis for the period of January 1, 2022, through June 30, 2025. (City Administrator) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

220035 [Accept and Expend Grant - Retroactive - The Andrew W. Mellon Foundation - Jail and Reentry Services Program - Amendment to the Annual Salary Ordinance - FYs 2021-2022 and 2022-2023 - $2,000,000] Sponsor: Mayor Ordinance retroactively authorizing the San Francisco Public Library to accept and expend a grant award in the amount of $2,000,000 from the Andrew W. Mellon Foundation for the Jail and Reentry Services Program for the period of January 1, 2022, through December 31, 2023; and amending Ordinance No. 109-21 (Annual Salary Ordinance File No. 210644 for Fiscal Years (FYs) 2021-2022 and 2022-2023) to provide for the addition of one grant-funded full-time position in Class 3630 Librarian 1 (1.0 FTE), one grant-funded full-time position in Class 1822 Administrative Analyst (1.0 FTE), and one grant-funded full-time position in Class 1823 Senior Administrative Analyst (1.0 FTE) at the Public Library for the period of January 1, 2022, though December 31, 2023. (Public Library) PASSED ON FIRST READING by the following vote:

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

Noes: None

220074 [Professional Services Agreement - APX Inc. - Power Scheduling Coordination Services and Related Support Services - Not to Exceed $134,742,800] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute Power Enterprise Operating Budget-funded Agreement No. PRO.0152 with APX Incorporated to assist with power scheduling coordination services required for the SFPUC’s participation in the California Independent System Operator electricity market, for an amount not to exceed $$134,742,800 and with services anticipated to begin in April 2022, and end in March 2027, for a term of five years. (Public Utilities Commission) (Fiscal Impact) Resolution No. 079-22 ADOPTED by the following vote:

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

Noes: None

220075 [Public Auction - Tax-Defaulted Real Property] Resolution authorizing the Tax Collector to sell at public auction certain parcels of tax-defaulted real property, as defined herein. (Treasurer-Tax Collector) Privilege of the floor was granted unanimously to Amanda Kahn Fried (Office of the Treasurer/Tax Collector) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Ronen, moved to ACCEPT the revised ‘Tax Defaulted Property List Subject to Impending Tax Sale’ report, dated March 4, 2022, to remove 88 properties from the previous version of the report. The motion carried by the following vote:

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

Noes: None

Resolution No. 080-22 ADOPTED, after accepting the revised report, by the following vote:

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

Noes: None

ustee services, to increase the contract amount by $1,050,000 for a new total not to exceed amount of $3,800,000 to commence following approval by the Board of Supervisors; 2) retroactively approving Airport Contract No. 9186 with a contract amount of $260,000 with a term date of November 4, 1991, to an indefinite term; 3) retroactively from December 4, 2001, approving Modification No. 1 to increase the contract amount by $600,000 for a total not to exceed amount of $860,000; 4) retroactively from February 6, 2006, approving Modification No. 2 to increase the contract amount by $900,000 for a total not to exceed amount of $1,760,000; 5) retroactively from April 1, 2012, approving Modification No. 3 to increase the contract amount by $800,000 for a total not to exceed amount of $2,560,000; 6) retroactively from April 1, 2017, approving Modification No. 4 to increase the contract amount by $190,000 for a total not to exceed amount of $2,750,000; and 7) retroactively from June 1, 2018, approving Modification No. 5 to update the Trustee fee payment schedule, with no changes to the contract amount. (Airport Commission) (Fiscal Impact) Resolution No. 081-22 ADOPTED by the following vote:

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

Noes: None

Department of Homelessness and Supportive Housing (HSH) to execute a Standard Agreement with the California Department of Housing and Community Development for up to $54,778,000 of Project Homekey grant funds; to accept and expend those funds for the acquisition of the property located at 1321 Mission Street (the “Property”) for permanent supportive housing and to support its operations upon execution of the Standard Agreement through June 30, 2026; approving and authorizing HSH to commit approximately $16,000,000 in required matching funds for acquisition of the property, and a minimum of five years of operating costs; authorizing the Director to enter into any additions, amendments, or other modifications to the Standard Agreement and the Homekey Documents that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City; affirming the Planning Department’s determination under the California Environmental Quality Act; and adopting the Planning Department’s findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 067-22 ADOPTED by the following vote:

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

Noes: None

220136 [Board of Supervisors Budget Process - FYs 2022-2023 and 2023-2024] Sponsors: Haney; Walton, Safai, Ronen, Mar, Melgar, Chan, Preston and Mandelman Motion establishing goals for the Board of Supervisors' Budget and Appropriations Committee, and the process to guide the Board's deliberations on the City budget, for Fiscal Years (FYs) 2022-2023 and 2023-2024. Motion No. M22-033 APPROVED by the following vote:

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

Noes: None

211021 [Planning Code - Landmark Designation - 447 Battery Street (aka Jones-Thierbach Coffee Company Building)] Sponsor: Peskin Ordinance amending the Planning Code to designate 447 Battery Street (aka Jones-Thierbach Coffee Company Building), Assessor’s Parcel Block No. 0206, Lot No. 002, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

220009 [Planning Code - Landmark Designation - 1801 Green Street (aka Golden Gate Valley Carnegie Library)] Sponsors: Stefani; Peskin and Mandelman Ordinance amending the Planning Code to designate 1801 Green Street (aka Golden Gate Valley Carnegie Library), Assessor’s Parcel Block No. 0554, Lot No. 001, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) 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

211304 [Departmental Overdose Prevention Policies - Annual Submission - 2021] Sponsor: Mayor Resolution receiving the 2021 Overdose Prevention Policies for the Department of Public Health, Department of Homelessness and Supportive Housing, Healthy Streets Operation Center through the Department of Emergency Management, and Human Services Agency describing how the department and its grantees that provide direct services to clients who use drugs will promote strategies to reduce drug overdoses, submitted as required by Administrative Code, Section 15.17. Resolution No. 077-22 ADOPTED by the following vote:

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

Noes: None

220018 [Liquor License Transfer - 550 Sutter Street - Pacific Cocktail Haven] Resolution determining that the transfer of a Type-48 on-sale general public premises liquor license to Pacific Cocktail Haven at 550 Sutter Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 078-22 ADOPTED by the following vote:

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

Noes: None

220085 [Calling Special Election - Improvement Area No. 1 of City and County of San Francisco Special Tax District No. 2022-1 (Power Station)] Sponsors: Mayor; Walton Resolution calling a special election in Improvement Area No. 1 of the City and County of San Francisco Special Tax District No. 2022-1 (Power Station); and determining other matters in connection therewith, as defined herein. Resolution No. 082-22 ADOPTED by the following vote:

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

Noes: None

220088 [Determining Necessity to Incur Bonded Indebtedness and Other Debt - Special Tax District No. 2022-1 (Power Station)] Sponsors: Mayor; Walton Resolution determining necessity to incur bonded indebtedness and other debt for the City and County of San Francisco Special Tax District No. 2022-1 (Power Station); and determining other matters in connection therewith, as defined herein. Resolution No. 084-22 ADOPTED by the following vote:

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

Noes: None

220086 [Declaring Results of Special Election - Improvement Area No. 1 of City and County of San Francisco Special Tax District No. 2022-1 (Power Station)] Sponsors: Mayor; Walton Resolution declaring the results of a special election and directing recording of notice of special tax lien for Improvement Area No. 1 of the City and County of San Francisco Special Tax District No. 2022-1 (Power Station); and determining other matters in connection therewith, as defined herein. Supervisor Walton, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 22, 2022. The motion carried by the following vote:

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

Noes: None

220087 [Resolution of Formation - City and County of San Francisco Special Tax District No. 2022-1 (Power Station)] Sponsors: Mayor; Walton Resolution of formation of City and County of San Francisco Special Tax District No. 2022-1 (Power Station), Improvement Area No. 1 and a Future Annexation Area; and determining other matters in connection therewith, as defined herein. Supervisor Walton, seconded by Supervisor Ronen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 9 to add the ‘Exhibit B, Rate and Method of Apportionment of Special Taxes.’ The motion carried by the following vote:

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

Noes: None

Resolution No. 083-22 ADOPTED AS AMENDED by the following vote:

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

Noes: None

220084 [Levying Special Taxes - Special Tax District No. 2022-1 (Power Station)] Sponsors: Mayor; Walton Ordinance levying special taxes within the City and County of San Francisco Special Tax District No. 2022-1 (Power Station). Supervisor Walton, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of March 22, 2022. The motion carried by the following vote:

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

Noes: None

220221 [Findings to Allow Teleconferenced Meetings During Declared Emergency] Motion making findings to allow teleconferenced meetings under California Government Code, Section 54953(e). (Clerk of the Board) Motion No. M22-036 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

he Building Inspection Commission (File No. 211286), and remove all other names; on Page 2, Lines 1-2, to designate Supervisor Peskin for the Charter Amendment on the Recall Process (File No. 211287), and remove all other names, Lines 21-22, to designate Mayor Breed for the GO Bond (File No. 211290), and remove all other names, Line 25, to designate Supervisor Mar for the Initiative Ordinance on Public health Emergency Leave (File No. 220022), and remove all other names; on Page 3, Lines 14-15, to designate Supervisor Peskin for the Initiative Ordinance on Refuse Collection and Disposal (File No. 220052), and remove all other names, Line 21, to designate Supervisor Stefani for the Initiative Ordinance on Domestic Violence Right to Counsel (File No. 220063), and remove all other names; on Page 4, Line 2, to designate Supervisor Peskin for the Initiative Ordinance on Behested Payments (File No. 220110), and remove all other names; on Page 4 Line 3, through Page 6, Line 18, to strike all references to ‘Opponent Ballot Argument’ references; on Page 6, Lines 20 and 23, to strike ‘Opponent’; and on Page 7, Lines 1, 4, and 6, to strike ‘Opponent’. The motion carried by the following vote:

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

Noes: None

Motion authorizing preparation of written Proponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 7, 2022, Statewide Direct Primary Election. (Clerk of the Board) Motion No. M22-037 APPROVED AS AMENDED by the following vote:

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

Noes: None