Board of Supervisors Minutes: May 10, 2022

220231 [Settlement of Lawsuit - Fong & Chan Architects, Inc. - $6,600,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco (“City”) against Fong & Chan Architects, Inc. for a net payment to San Francisco of $6,600,000; the lawsuit was filed on April 11, 2019, in the Superior Court of the State of California, County of San Francisco, Case No. CGC-19-575186; entitled City and County of San Francisco v. Fong & Chan Architects, Inc.; the lawsuit involves allegations of professional negligence in the design of the San Francisco General Hospital Rebuild Project and breach of contract; other material terms of the settlement are the City shall receive payment of $7,350,000 and shall pay Fong & Chan Architects, Inc. $750,000 on the cross-complaint for unpaid architectural fees. (City Attorney) Ordinance No. 079-22 FINALLY PASSED by the following vote:

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

220257 [Settlement of Lawsuit - Penny Mims - $150,000] Ordinance authorizing settlement of the lawsuit filed by Penny Mims against the City and County of San Francisco and individual defendant Dorian Carr for $150,000; the lawsuit was filed on March 3, 2020, in San Francisco Superior Court, Case No. CGC-20-583388; entitled Penny Mims v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 080-22 FINALLY PASSED by the following vote:

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

220258 [Settlement of Lawsuit - I.H., a Minor - $100,000] Ordinance authorizing settlement of the lawsuit filed by I.H. against the City and County of San Francisco for $100,000; the lawsuit was filed on September 4, 2020, in United States District Court, Case No. 20-cv-06155-AGT; entitled I.H. v. City and County of San Francisco, et al.; the lawsuit involves alleged civil rights violations at the Juvenile Justice Center. (City Attorney) Ordinance No. 081-22 FINALLY PASSED by the following vote:

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

220313 [Settlement Of Lawsuit - Pacific Gas & Electric Company - City To Receive $6,750,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against Pacific Gas & Electric Company (“PGE”) for $6,750,000; the lawsuit was filed on October 18, 2017, in San Francisco Superior Case No. CGC-17-561957; entitled City and County of San Francisco v. Pacific Gas and Electric Company, et al.; the lawsuit involves PGE’s failure to defend and indemnify the City for homeowner damages claims arising from a landslide on Casitas Avenue in San Francisco caused by a PGE construction project; other material terms are that PGE will perform trench repairs to prevent further damage and dismissal of the Action with prejudice. (City Attorney) Ordinance No. 082-22 FINALLY PASSED by the following vote:

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

220314 [Settlement of Lawsuit - Fanny Lam - $375,000] Ordinance authorizing settlement of the lawsuit filed by Fanny Lam against the City and County of San Francisco for $375,000; the lawsuit was filed on April 7, 2020, in San Francisco Superior Court, Case No. CGC-20-584065; entitled Fanny Lam v. City and County of San Francisco, et al.; the lawsuit involves personal injuries arising from a trip and fall accident on O’Farrell Street in San Francisco. (City Attorney) Ordinance No. 083-22 FINALLY PASSED by the following vote:

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

220392 [Administrative Code - Short-Term Contract Extensions and Amendments to Modify Scope and Compensation] Sponsors: Mayor; Mandelman, Melgar, Ronen, Safai and Mar Ordinance amending the Administrative Code to authorize short-term extensions for construction contracts, goods and services contracts, and grants to mitigate staffing shortages, and to authorize amendments to modify scope and compensation for goods and services contracts to mitigate supply shortages. PASSED ON FIRST READING by the following vote:

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

220174 [Contract Amendment - W.W. Grainger, Inc. - Industrial Supplies - Not to Exceed $12,100,000] Resolution authorizing the Office of Contract Administration to execute Amendment No. 3 to Contract 1000018631 between the City and County of San Francisco and W.W. Grainger, Inc., for the purchase of industrial supplies for City departments; and increasing the contract amount by $2,200,000 for a total contract amount not to exceed $12,100,000 with no change to the total term of July 15, 2020, through December 31, 2022. (Office of Contract Administration) (Fiscal Impact) Resolution No. 190-22 ADOPTED by the following vote:

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

220209 [Management and Operation Agreement Amendment - Retroactive - Friends of the Cable Car Museum - Cable Car Museum - Term Extension] Sponsors: Mayor; Mar Resolution retroactively approving the First Amendment to the Management and Operation Agreement between the Municipal Transportation Agency and Friends of the Cable Car Museum to exercise the first option to extend the term for five years from July 1, 2019, through June 30, 2024. (Municipal Transportation Agency) Resolution No. 191-22 ADOPTED by the following vote:

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

220265 [Accept and Expend Grant - Retroactive - Stupski Foundation - San Francisco General Hospital Foundation - Zuckerberg San Francisco General Serious Illness Care Program - $248,924] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $248,924 from the Stupski Foundation through the San Francisco General Hospital Foundation for participation in a program, entitled “Zuckerberg San Francisco General Serious Illness Care Program,” for the period of September 1, 2021, through August 31, 2022. (Public Health Department) Resolution No. 192-22 ADOPTED by the following vote:

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

220266 [Accept and Expend Grant - Retroactive - Centers for Disease Control and Prevention - DP21-2111 Closing the Gap with Social Determinants of Health Accelerator Plans - $125,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $125,000 from the Centers for Disease Control and Prevention for participation in a program, entitled “DP21-2111 Closing the Gap with Social Determinants of Health Accelerator Plans,” for the period of September 30, 2021, through September 29, 2022. (Public Health Department) Resolution No. 193-22 ADOPTED by the following vote:

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

220271 [Accept and Expend Grant - Retroactive - Alliance and Safety Justice - San Francisco General Hospital Foundation - Trauma Recovery Center - National Learning Collaborative for Trauma Recovery Centers (TRC’s) - $135,000] Sponsors: Mayor; Mandelman and Ronen Resolution retroactively authorizing the Department of Public Health to accept and expend a grant from the Alliance and Safety Justice through the San Francisco General Hospital Foundation for participation in a program, entitled “Trauma Recovery Center - National Learning Collaborative for Trauma Recovery Centers (TRC’s),” in the amount of $135,000 for the period of October 1, 2021, through September 30, 2022. (Public Health Department) Resolution No. 194-22 ADOPTED by the following vote:

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

220270 [Accept and Expend Grant - Metropolitan Transportation Commission - Federal Highway Administration - Southern Skyline Boulevard Ridge Trail Extension Project - $1,000,000] Sponsors: Mayor; Safai, Mar and Chan Resolution authorizing the San Francisco Public Utilities Commission (SFPUC) to accept and expend a grant in the amount of $1,000,000 from the Metropolitan Transportation Commission, with funds from the Federal Highway Administration and reviewed by the California Department of Transportation for design and construction of the Southern Skyline Boulevard Ridge Trail Extension Project which would extend the Bay Area Ridge Trail south from State Route 92 to the Golden Gate National Recreation Area’s Phleger Estate and improve educational and recreational access, parking, and restroom facilities on peninsula watershed land owned and maintained by the SFPUC in San Mateo County, for a term period of January 2023, through August 2025. (Public Utilities Commission) (Fiscal Impact) Supervisor Chan requested to be added as a co-sponsor. Resolution No. 195-22 ADOPTED by the following vote:

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

220331 [Agreements - Long Duration Storage - Goal Line Battery Energy Storage System 1, LLC - CleanPowerSF - Not to Exceed $60,000,000] Sponsor: Mandelman Resolution authorizing the Public Utilities Commission to purchase long duration energy storage from Goal Line Battery Energy Storage System 1, LLC by 1) entering into the Buyer Liability Pass Through Agreement; 2) entering into the Goal Line Storage Project Participation Share Agreement; and 3) entering into the Goal Line Storage Coordinated Operations Agreement, all of which are agreements between California Community Power, CleanPowerSF, and five community choice aggregators to enable the City and County of San Francisco to purchase long duration energy storage to serve customers of CleanPowerSF with a not to exceed amount of $60,000,000 for a fifteen-year term to commence upon commercial operation of the project; and making environmental findings under the California Environmental Quality Act. (Public Utilities Commission) (Fiscal Impact) Supervisor Mandelman assumed primary sponsorship. Resolution No. 176-22 ADOPTED by the following vote:

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

findings declaring that the Property is “exempt surplus land” pursuant to the California Surplus Lands Act; 4) determining that the less than market rent payable under the Ground Lease will serve a public purpose by providing affordable housing for low-income households in need, in accordance with Administrative Code, Section 23.3; 5) adopting findings that the Project and proposed transactions are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; 6) authorizing the Director of Property and/or the Director of MOHCD to execute the Ground Lease and the Loan Agreement, and make certain modifications to such agreements, as defined herein, and take certain actions in furtherance of this Resolution, as defined herein; and 7) to authorize the Director of Property and/or Director of MOHCD to enter into any additions, amendments, or other modifications to the Ground Lease and the Loan Agreement that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Ground Lease and the Loan Agreement or this Resolution. (Fiscal Impact) Resolution No. 175-22 ADOPTED by the following vote:

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

220424 [Appointment, Sunshine Ordinance Task Force - Jennifer Wong] Motion appointing Jennifer Wong, term expiring April 27, 2024, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M22-076 APPROVED by the following vote:

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

220425 [Appointments, Behavioral Health Commission - Lisa Wynn and Liza Murawski] Motion appointing Lisa Wynn, term ending January 1, 2023, and Liza Murawski, term ending January 1, 2024, to the Behavioral Health Commission. (Rules Committee) Motion No. M22-077 APPROVED by the following vote:

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

Absent: Melgar

220476 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - V. Fei Tsen] Motion approving the Mayor's nomination for reappointment of V. Fei Tsen to the Treasure Island Development Authority Board of Directors, for a term ending February 26, 2026. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are City Officers are effective upon the approval of a majority vote (six votes) of the Board of Supervisors. Transmittal Date: April 25, 2022.) Motion No. M22-078 APPROVED by the following vote:

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

220477 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - LaShawndra Price-Breston] Motion approving the Mayor's nomination for reappointment of LaShawndra Price-Breston to the Treasure Island Development Authority Board of Directors, for a term ending April 28, 2026. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are City Officers are effective upon the approval of a majority vote (six votes) of the Board of Supervisors. Transmittal Date: April 25, 2022.) Motion No. M22-079 APPROVED by the following vote:

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

220478 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - Linda Richardson] Motion approving the Mayor's nomination for reappointment of Linda Richardson to the Treasure Island Development Authority Board of Directors, for a term ending April 28, 2026. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are City Officers are effective upon the approval of a majority vote (six votes) of the Board of Supervisors. Transmittal Date: April 25, 2022.) Motion No. M22-080 APPROVED by the following vote:

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

t: Supervisors Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Persons in attendance: Sean Elsbernd, Chief of Staff, Andrea Bruss, Ashley Groffenberger, and Tom Paulino (Mayor’s Office); Carol Isen, Director, Ardis Graham, and Steve Ponder (Department of Human Resources); Anne Pearson and Jonathan Rolnick, Deputy City Attorneys (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). The matter was heard in closed session, no action was taken, and the hearing was filed. HEARD IN CLOSED SESSION RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 6:33 p.m. The following Supervisors were noted present: Supervisors Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Ronen, seconded by Supervisor Mandelman, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

220467 [Final Map No. 9033 - 1530-17th Street and 88 Arkansas Street] Motion approving Final Map No. 9033, a 127 residential and two commercial mixed-use unit new construction condominium project, located at 1530-17th Street and 88 Arkansas Street, being a subdivision of Assessor’s Parcel Block No. 3953, Lot Nos. 002A and 002; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M22-082 APPROVED The foregoing items were acted upon by the following vote:

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