Board of Supervisors Minutes: April 26, 2022

220090 [Administrative Code - Shelter Grievance Advisory Committee and Shelter Grievance Policy] Sponsors: Walton; Chan, Peskin, Preston, Haney, Melgar, Ronen and Mar Ordinance amending the Administrative Code to establish the Shelter Grievance Advisory Committee to advise the Department of Homelessness and Supportive Housing regarding policies and procedures for clients of City-funded shelters to appeal denial of shelter services; and to codify the City’s Shelter Grievance Policy establishing an administrative appeal process for clients of City-funded shelters denied shelter services for violating a shelter’s rules. Ordinance No. 069-22 FINALLY PASSED by the following vote:

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

Noes: Mandelman

211297 [Police, Building Codes - Bond for Labor Standards Compliance in Certain Residential Construction Projects] Sponsors: Haney; Preston, Mar, Melgar and Mandelman Ordinance amending the Police Code to add Article 33O to require owners of certain residential construction projects to maintain a labor compliance bond and to condition release of such bond on specified reporting and labor standards compliance for work on the project; and amending the Building Code to require owners of such projects to file a labor compliance bond as a condition of receiving a permit for construction. Ordinance No. 071-22 FINALLY PASSED by the following vote:

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

220190 [Planning Code - Landmark Designation - 2261 Fillmore Street (aka Clay Theatre)] Sponsors: Stefani; Peskin, Preston and Mandelman Ordinance amending the Planning Code to designate 2261 Fillmore Street (aka Clay Theatre), Assessor’s Parcel Block No. 0630, Lot No. 002, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; and affirming the Planning Department’s determination under the California Environmental Quality Act; making public necessity, convenience, and welfare findings under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Ordinance No. 072-22 FINALLY PASSED by the following vote:

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

olice Department or other City departments from uploading or storing DNA profiles from crime victims reference samples (“Victim Reference DNA Profiles”) in any City DNA database that is not subject to the federal and state rules governing Combined DNA Index Systems (“CODIS”) databases (“Non-CODIS DNA Databases”), and from storing DNA profiles obtained from crime scene evidence (“Evidentiary DNA Profiles”) in any Non-CODIS DNA Database for longer than 60 days; to require that, by July 1, 2022, or 15 days after the effective date of this ordinance, the Police Department purge from Non-CODIS DNA Databases Evidentiary DNA Profiles stored for longer than 60 days and Victim Reference DNA Profiles stored for any length of time; and to limit the Police Department and other City departments to using Non-CODIS DNA Databases only for quality assurance purposes, and not for any investigative purposes; to require the Controller to submit an audit report regarding Non-CODIS DNA Databases; and to require posting on the Police Department website and other City websites a description of how the Department handles and stores a Victim’s DNA . Ordinance No. 073-22 FINALLY PASSED by the following vote:

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

220338 [Appropriation - General Reserve - Various Departments - Workers’ Compensation - $13,131,917 - FY2021-2022] Sponsor: Mayor Ordinance appropriating $13,131,917 of General Fund General Reserves to the Fire Department, Department of Public Health, Sheriff’s Department and Department of Emergency Management for increased workers’ compensation costs, and the authority to receive and expend these funds in the Department of Human Resources in Fiscal Year (FY) 2021-2022; this Ordinance requires a two-thirds approval vote of all members of the Board of Supervisors, pursuant to Charter, Section 9.113(c). (Pursuant to Charter, Section 9.113(c), this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such appropriation ordinance for passage.) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

220181 [California Constitution Appropriations Limit for FY2021-2022] Resolution establishing the appropriations limit for Fiscal Year (FY) 2021-2022 pursuant to California Constitution Article XIII B. (Controller) (Fiscal Impact) Resolution No. 166-22 ADOPTED by the following vote:

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

220196 [Contract Agreement - Alliant Insurance Services, Inc. - Insurance Brokerage Services - Not to Exceed $75,000,000] Resolution authorizing the City Administrator, through the Director of the Risk Management Division, to enter into a contract for insurance brokerage services with Alliant Insurance Services for an amount not to exceed $75,000,000 for a three-year term to commence on July 1, 2022, through June 30, 2025, with three two-year options to renew at the City’s sole and absolute discretion, pursuant to Charter, Section 9.118. (City Administrator) (Fiscal Impact) Resolution No. 167-22 ADOPTED by the following vote:

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

220197 [Contract Agreement - Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. - Insurance Brokerage Services - Not to Exceed $30,000,000] Resolution authorizing the City Administrator, through the Director of the Risk Management Division, to enter into a contract for insurance brokerage services with Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. for an amount not to exceed $30,000,000 for a three-year term to commence on July 1, 2022, through June 30, 2025, with three two-year options to renew at the City’s sole and absolute discretion, pursuant to Charter, Section 9.118. (City Administrator) (Fiscal Impact) Resolution No. 168-22 ADOPTED by the following vote:

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

220236 [Modification to the Airport Professional Services Agreement - Hallmark Aviation Services, L.P. - Airport Information and Guest Assistance Services - Two-Year Contract Extension - Not to Exceed $53,062,378] Resolution approving Modification No. 4 to Contract No. 50052, between Hallmark Aviation Services, L.P., and the City and County of San Francisco, acting by and through its Airport Commission, for Airport Information and Guest Assistance Services, extending the term for two years, to commence on July 1, 2022, through June 30, 2024, to increase the labor rate for the new Quality Standards Program rate, and to increase the contract amount by $11,950,408 for a new total contract not to exceed amount of $53,062,378. (Airport Commission) (Fiscal Impact) Resolution No. 169-22 ADOPTED by the following vote:

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

220245 [Updated Emergency Declaration - Tree Removal, Slope Repair and Debris Removal at Stern Grove - Not to Exceed $20,000,000] Sponsor: Mar Resolution approving an updated emergency declaration of the San Francisco Public Utilities Commission (SFPUC) pursuant to Administrative Code, Section 6.60, to contract resources for tree removal, slope repair and debris removal in Stern Grove, which was damaged by flooding caused by a failed air valve on a water transmission pipeline, increasing the cost by $16,000,000 for a total not to exceed amount of $20,000,000. (Public Utilities Commission) (Fiscal Impact) Resolution No. 170-22 ADOPTED by the following vote:

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

220293 [Execute Standard Agreement and Accept and Expend - Retroactive - California Department of Housing and Community Development - Bayview Vehicle Triage Center Program - $5,600,000] Sponsors: Mayor; Walton, Safai, Ronen, Mar and Mandelman Resolution authorizing the Department of Homelessness and Supportive Housing to execute a Standard Agreement with the California Department of Housing and Community Development for $5,600,000 of 2021-22 California Budget Act funds; to retroactively accept and expend those funds for capital expenses related to the Bayview Vehicle Triage Center for costs incurred July 1, 2021, through June 30, 2026; 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. (Department of Homelessness and Supportive Housing) Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 146-22 ADOPTED by the following vote:

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

of alternate credit facilities to support the outstanding City and County of San Francisco Finance Corporation Lease Revenue Refunding Bonds, Series 2008-1 (Moscone Center Expansion Project) and City and County of San Francisco Finance Corporation Lease Revenue Refunding Bonds, Series 2008-2 (Moscone Center Expansion Project); approving the form of a first supplement to trust agreement, the form of a first amendment to project lease, the forms of the reimbursement agreements among the City and County of San Francisco, the City and County of San Francisco Finance Corporation and one or more credit providers, the forms of the fee agreements, the form of a remarketing supplement, the forms of the remarketing agreements, the forms of the custodian agreements and certain other related financing documents; approving modifications to said documents; approving the execution and delivery of said documents; granting general authority to City officials to take necessary actions in connection with the remarketing of said Bonds, as defined herein; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) Resolution No. 171-22 ADOPTED by the following vote:

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

st, payable in two installments, plus an estimated $290,000 for typical closing costs, for a total anticipated amount not to exceed $147,540,000; 2) approving and authorizing HSH, on behalf of the City, to apply to the California Department of Housing and Community Development for a Homekey Grant; 3) approving and authorizing an Agreement of Purchase and Sale for Real Estate for the acquisition of the Property from City Gardens Bridge, LLC (“Purchase Agreement”), which includes a liquidated damages clause of up to $5,000,000 as well as certain other remedies, in case of default by the City; 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. 147-22 ADOPTED by the following vote:

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

220346 [Standard Agreement - California Department of Housing and Community Development California Housing Accelerator Program - Treasure Island Parcel C3.1 - $55,601,514] Sponsor: Mayor Resolution authorizing Treasure Island Development Authority (the “Authority”) to execute a Standard Agreement and other related documents with the State of California Department of Housing and Community Development (“HCD”) under the California Housing Accelerator Program which the Standard Agreement includes an award not to exceed $55,601,514 as a loan to Mercy Housing California 82, L.P. (“Developer”), as sole borrower, for construction of a development affordable to low- and moderate-income families at Treasure Island Parcel C3.1, located at Avenue C (old address)/78 Johnson (new address) for a term of five years to commence upon execution of the Standard Agreement by HCD. Resolution No. 163-22 ADOPTED by the following vote:

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

220347 [Loan Agreement - Mercy Housing California 82, L.P. - 100% Affordable Housing - 6th Street at Avenue C/78 Johnson Street - Not to Exceed $33,452,317] Sponsor: Mayor Resolution approving and authorizing the execution of a Loan Agreement with Mercy Housing California 82, L.P., a California limited partnership, in an amount not to exceed $33,452,317 for a minimum term of 57 years to finance the construction of a 138-unit multifamily rental housing development (plus one staff unit) for low and moderate income families located at 6th Street at Avenue C (old address)/78 Johnson Street (new address) (“Treasure Island Parcel C3.1”); and adopting findings that the Loan Agreement is consistent with the General Plan, and the priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 164-22 ADOPTED by the following vote:

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

220410 [Health Code - Skilled Nursing Care Transfer Reporting Requirements] Sponsors: Safai; Ronen, Mar, Stefani and Mandelman Ordinance amending the Health Code to require general acute care hospitals and hospital-based skilled nursing facilities in the City to report annually to the Department of Public Health the number of, and certain demographic information regarding, patients transferred to a health facility outside of the City to receive skilled nursing care and patients who qualify for skilled nursing care but are not transferred to a health facility outside of the City. 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

220165 [Liquor License - 3218 Fillmore Street - Dad & Son’s Market] Resolution determining that the issuance of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Dad & Son’s Market, located at 3218 Fillmore Street (District 2), 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 a condition on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 165-22 ADOPTED by the following vote:

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

220284 [Administrative Code - Cleaning Standards and Health Information Protocols for Single Room Occupancy Hotels] Sponsors: Peskin; Chan Ordinance amending the Administrative Code to update protections for occupants of Single Room Occupancy (SRO) hotels by replacing hotel operators’ responsibility to clean common areas after a COVID-19 outbreak with a new minimum cleaning standard and, upon request, requiring SRO hotel operators to provide contact tracing information related to any infectious or contagious disease; during the COVID-19 pandemic, to require the Department of Public Health (DPH) to maintain a telephone hotline to respond to questions from SRO residents regarding isolation and quarantine, testing, and other COVID-19 related matters; and to update COVID-19 regulations by removing outdated provisions including those related to notice of and access to isolation and quarantine hotels, DPH responsibilities to post in SRO hotels information related to isolation and quarantine, and DPH responsibilities to maintain public facing data relating to COVID-19 cases in SRO Hotels. PASSED ON FIRST READING by the following vote:

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

220405 [Appointments, Commission of Animal Control and Welfare - Annemarie Fortier, Irina Ozernoy, and Brian VanHorn] Motion appointing Annemarie Fortier, Irina Ozernoy, and Brian VanHorn, terms ending April 30, 2024, to the Commission of Animal Control and Welfare. (Rules Committee) Motion No. M22-064 APPROVED by the following vote:

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

220409 [Appointment, Sunshine Ordinance Task Force - Dean Schmidt, Lila LaHood, Laura Stein, Matthew Yankee, Chris Hyland, Laurie Jones Neighbors, and Thuan Thao Hill] Motion appointing Dean Schmidt, Lila LaHood, Laura Stein, Matthew Yankee, Chris Hyland, Laurie Jones Neighbors, and Thuan Thao Hill, terms ending April 27, 2024, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M22-065 APPROVED by the following vote:

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

220232 [Hearing - Appeal of Tentative Map Approval - 0 Palo Alto Avenue] Hearing of persons interested in or objecting to the decision of Public Works, dated February 25, 2022, approving a Tentative Map for a two lot Subdivision project at 0 Palo Alto Avenue, Assessor’s Parcel Block No. 2724, Lot No. 002. (District 7) (Appellant: Katherine Bleich) (Filed March 4, 2022) (Clerk of the Board) President Walton opened the public hearing and Supervisor Melgar provided opening remarks, indicating she would be making a motion to continue this Hearing and its associated Motion to a future date. The President then inquired as to whether any individual wished to address the Board regarding the proposed continuance. There were no speakers. President Walton closed public comment on the continuance. Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of May 3, 2022. The motion carried by the following vote:

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

220233 [Conditionally Approving Decision of Public Works and Approving Tentative Map - 0 Palo Alto Avenue] Motion approving the decision of Public Works and approving the Tentative Map for a two lot Subdivision project at 0 Palo Alto Avenue, Assessor’s Parcel Block No. 2724, Lot No. 002; 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 Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of May 3, 2022. The motion carried by the following vote:

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

220234 [Conditionally Disapproving Decision of Public Works and Disapproving Tentative Map - 0 Palo Alto Avenue] Motion conditionally disapproving the decision of Public Works and disapproving the Tentative Map for a two lot Subdivision project at 0 Palo Alto Avenue, Assessor’s Parcel Block No. 2724, Lot No. 002, subject to the Board of Supervisors’ adoption of written findings in support of the disapproval. (Clerk of the Board) Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of May 3, 2022. The motion carried by the following vote:

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

220235 [Preparation of Findings Related to the Tentative Map - 0 Palo Alto Avenue] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a two lot Subdivision project at 0 Palo Alto Avenue, Assessor’s Parcel Block No. 2724, Lot No. 002. (Clerk of the Board) Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of May 3, 2022. The motion carried by the following vote:

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

220320 [Approving Decision of Public Works and Approving Tentative Map - 2556 Filbert Street] Motion approving the decision of Public Works and approving the Tentative Map for a two-lot subdivision project at 2556 Filbert Street, Assessor’s Parcel Block No. 0944, Lot Nos. 025 and 026; 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) Motion No. M22-063 Supervisor Peskin, seconded by Supervisor Stefani, moved that this Motion be APPROVED. The motion carried by the following vote:

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

220321 [Conditionally Disapproving Decision of Public Works and Disapproving Tentative Map - 2556 Filbert Street] Motion conditionally disapproving the decision of Public Works and disapproving the Tentative Map for a two-lot subdivision project at 2556 Filbert Street, Assessor’s Parcel Block No. 0944, Lot Nos. 025 and 026, subject to the Board of Supervisors’ adoption of written findings in support of the disapproval. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Motion be TABLED. The motion carried by the following vote:

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

220322 [Preparation of Findings Related to the Tentative Map - 2556 Filbert Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a two-lot subdivision project at 2556 Filbert Street, Assessor’s Parcel Block No. 0944, Lot Nos. 025 and 026. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Motion be TABLED. The motion carried by the following vote:

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

220264 [Planning Code - Adult Sex Venues] Sponsors: Mandelman; Haney and Melgar Ordinance amending the Planning Code to define Adult Sex Venue and principally permit, conditionally permit, or prohibit Adult Sex Venues in Commercial; Residential-Commercial; Production, Distribution and Repair (PDR); Neighborhood Commercial; Neighborhood Commercial Transit; and Mixed Use Districts; to prohibit Adult Sex Venues as an accessory use; to prohibit Adult Businesses in the Chinatown Community Business District; 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. PASSED ON FIRST READING by the following vote:

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

220423 [Final Map No. 9073 - 311 Grove Street] Motion approving Final Map No. 9073, an eight residential unit condominium project, located at 311 Grove Street, being a subdivision of Assessor’s Parcel Block No. 0809, Lot No. 020; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M22-068 APPROVED The foregoing items were acted upon by the following vote:

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