Board of Supervisors Minutes: February 7, 2023

221269 [Administrative Code - Veterans’ Affairs Commission] Sponsor: Peskin Ordinance amending the Administrative Code to decrease from 17 to 13 the number of members of the Veterans’ Affairs Commission, and make corresponding revisions to qualifications and appointing authorities for members. Ordinance No. 020-23 FINALLY PASSED City and County of San Francisco Page 92 Printed at 6:20 pm on 3/14/24 Board of Supervisors Meeting Minutes 2/7/2023 The foregoing items were acted upon by the following vote:

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

Excused: Walton

221276 [Apply for Grant - Retroactive - Centers for Disease Control and Prevention - Integrated HIV Surveillance and Prevention Programs for Health Departments - $7,804,306] Sponsors: Mayor; Dorsey and Mandelman Resolution retroactively authorizing the Department of Public Health to submit a one-year application for Calendar Year 2023 to continue to receive funding for the Integrated HIV Surveillance and Prevention Programs for Health Departments from the Centers of Disease Control and Prevention, and requesting $7,804,306 in HIV prevention funding for San Francisco from January 1, 2023, through May 31, 2024. (Public Health Department) Resolution No. 041-23 ADOPTED by the following vote:

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

Excused: Walton

221277 [Apply for Grant - Retroactive - Health Resources Services Administration - Ryan White Act HIV/AIDS Emergency Relief Grant Program - $15,962,602] Sponsors: Mayor; Dorsey and Mandelman Resolution retroactively authorizing the Department of Public Health to submit an application to continue to receive funding for the Ryan White Act HIV/AIDS Emergency Relief Grant Program grant from the Health Resources Services Administration; and requesting $15,962,602 in HIV Emergency Relief Program funding for the San Francisco Eligible Metropolitan Area for the period of March 1, 2023, through February 29, 2024. Resolution No. 042-23 ADOPTED by the following vote:

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

Excused: Walton

230027 [Accept and Expend Grant - Retroactive - California Department of Public Health - Sexually Transmitted Disease Program Management and Collaboration - $1,365,222] Sponsors: Mayor; Mandelman and Dorsey Resolution retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $386,274 from the California Department of Public Health for a total amount of $1,365,222 for participation in a program, entitled “Sexually Transmitted Disease Program Management and Collaboration,” for the period of July 1, 2019, through June 30, 2024. (Public Health Department) Resolution No. 047-23 ADOPTED by the following vote:

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

Excused: Walton

230028 [Accept and Expend Grant - Retroactive - California Department of Public Health - Monkeypox Response Funding Award Number MPX-012 City & County of San Francisco - $1,616,252] Sponsors: Mayor; Mandelman, Dorsey and Engardio Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,616,252 from the California Department of Public Health for participation in a program, entitled “Monkeypox Response Funding Award Number MPX-012 City & County of San Francisco,” for the period of July 1, 2022, through June 30, 2023. Resolution No. 048-23 ADOPTED by the following vote:

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

Excused: Walton

221281 [Water Purchase Agreement - Mission Rock Utilities - Water Purchase for Port-Owned Parks and Open Space at Mission Rock - Maximum Cost $44,656,545] Sponsors: Mayor; Dorsey Resolution approving a Water Purchase Agreement between the Port Commission and Mission Rock Utilities for purchase of water for Port-owned parks and open space at Mission Rock, with a term of 30 years up to a maximum cost of $44,656,545 effective upon approval of this Resolution; and to authorize the Executive Director of the Port to enter into amendments or modifications to the Agreement that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Agreement or this Resolution. (Port) (Fiscal Impact) Resolution No. 043-23 ADOPTED by the following vote:

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

Excused: Walton

230009 [Real Property Lease - Retroactive - Autodesk, Inc. - Pier 9, Suite 116, and Bays 1-3 - Monthly Rent $124,508] Resolution retroactively approving Port Commission Lease L-16848 with Autodesk, Inc., a Delaware Corporation, located at Pier 9, Suite 116, and Bays 1-3 for approximately 30,590 square feet of office and shed space and license area for solar panels and public improvements for a term of one year with one option to extend the term for one year, effective upon approval of this Resolution at a monthly rent of $124,508; and to authorize the Executive Director of the Port to enter into any additions, amendments or other modifications to the Lease that do not materially increase the obligations or liabilities of the City or Port and are necessary or advisable to complete the transactions which this Resolution contemplates and effectuate the purpose and intent of this Resolution. (Port) Resolution No. 044-23 ADOPTED by the following vote:

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

Excused: Walton

230010 [Airport Professional Services Agreement - PGH Wong & Partners JV - Project Management Support Services for the Courtyard 3 Connector Project - Further Modifications Not to Exceed $25,000,000] Resolution approving Modification No. 9 to Airport Contract No. 10072.41, Project Management Support Services for the San Francisco International Airport, Courtyard 3 Connector Project with PGH Wong & Partners JV, a joint venture consisting of PGH Wong Engineering, Inc., and Avila and Associates Consulting Engineers, Inc., to increase the Contract amount by $7,750,000 for a new not to exceed amount of $25,000,000 for services, pursuant to Charter, Section 9.118(b); and making findings under the California Environmental Quality Act. (Airport Commission) (Fiscal Impact) Resolution No. 045-23 ADOPTED by the following vote:

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

Excused: Walton

230016 [Contract Agreement - California Health and Human Services Agency - Data Sharing Agreement - $0] Resolution approving an original agreement between Department of Public Health (DPH) and the California Health and Human Services Agency, to exchange Health and Social Services Information, in the amount of $0 for a term exceeding ten years, effective January 31, 2023, remaining in full force and effect until terminated by the DPH or the California Health and Human Service Agency; and to authorize the DPH to enter into amendments or modifications to the agreement prior to its final execution by all parties that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the agreement or this Resolution. (Public Health Department) Resolution No. 046-23 ADOPTED by the following vote:

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

Excused: Walton

230029 [Accept and Expend Grant - Retroactive - San Francisco Health Plan - CalAIM Incentive Payment Program (IPP) - $316,800] Sponsors: Mayor; Dorsey Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $316,800 from the San Francisco Health Plan for participation in a program, entitled “CalAIM Incentive Payment Program (IPP),” for the period of September 12, 2022, through February 28, 2023. (Public Health Department) Resolution No. 049-23 ADOPTED by the following vote:

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

Excused: Walton

230033 [Agreement - Treasure Island Series 1, LLC - Completion of Foundation for Sculpture - $274,076] Sponsor: Dorsey Resolution authorizing the Arts Commission to enter into an agreement with Treasure Island Series 1, LLC, the developer of a hilltop park at Yerba Buena Island, to construct a foundation for a 69-foot tall sculpture by Hiroshi Sugimoto, as part of the Treasure Island Arts Program, for an amount of $274,076 for a term starting upon approval of this Resolution and ending upon the completion of the foundation; and to authorize the Director of Cultural Affairs to enter into any additions, amendments or other modifications to the Foundation Contract do not materially increase the obligations or liabilities of the City, or reduce the benefits to the City, and are necessary or advisable to complete the transaction contemplated by this Resolution. (Arts Commission) (Fiscal Impact) Resolution No. 50-23 ADOPTED by the following vote:

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

Excused: Walton

and Safai Ordinance amending the Planning Code to allow Nighttime Entertainment as a principally permitted use on properties fronting Folsom Street between 7th Street and Division Street and properties fronting 11th Street between Howard Street and Division Street in the Folsom Street Neighborhood Commercial Transit District, the Regional Commercial District, and the Western SoMa Mixed Use-General District; removing certain restrictions on Nighttime Entertainment uses on properties fronting Folsom Street between 7th Street and Division Street and properties fronting 11th Street between Howard Street and Division Street in the Western SoMa Special Use District; clarifying the buffer restrictions for Nighttime Entertainment uses in the Service/Arts/Light Industrial District and the Western SoMa Mixed Use-Office District; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Excused: Walton

221271 [Administrative Code - Treatment of Shared Spaces on Valencia Street Sidewalk Bulb-Out as Curbside Shared Spaces] Sponsors: Ronen; Safai Ordinance waiving specified requirements in the Administrative Code to allow two food service shared spaces on a sidewalk bulb-out on the 500 Block of Valencia Street to be defined as curbside shared spaces, subject to certain requirements; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Excused: Walton

221221 [Liquor License - 312 Harriet Street - SinombreSF] Resolution determining that the issuance of a Type-48 on-sale general public premises liquor license to SinombreSF LLC, doing business as SinombreSF, located at 312 Harriet Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; 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. 038-23 ADOPTED by the following vote:

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

Excused: Walton

221222 [Liquor License Transfers - 1750 Harrison Street - Total Wine & More] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits license; the transfer of a Type-42 on-sale beer and wine public premises license; and the transfer of a Type-86 educational tasting license to California Wine and Spirits LLC, doing business as Total Wine & More located at 1750 Harrison Street (District 9), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; 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. 039-23 ADOPTED by the following vote:

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

Excused: Walton

221062 [Administrative Code - Funding, Acquisition, and Use of Certain Sheriff’s Department Equipment] Ordinance amending the Administrative Code to require Board of Supervisors approval of a policy governing the funding, acquisition, and use of certain law enforcement equipment of the Sheriff’s Department consistent with the criteria set forth in state law; and approving the Sheriff’s Department’s Use of Equipment Policy. (Sheriff) Supervisor Dorsey, seconded by Supervisor Mandelman, moved that this Ordinance be RE-REFERRED to the Rules Committee. The motion carried by the following vote:

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

Excused: Walton

221270 [Administrative Code - Resignations from City Boards and Commissions] Sponsors: Preston; Walton, Ronen, Mar, Peskin and Safai Ordinance amending the Administrative Code to establish a City policy against seeking preemptive resignation letters from persons seeking or being considered for appointment or reappointment to City boards and commissions and other City bodies. (Supervisors Mandelman and Stefani dissented on First Reading.) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Melgar, Peskin, Preston, Ronen, Safai

Noes: Mandelman, Stefani

Excused: Walton

ard of Supervisors sitting as a Committee of the Whole on Tuesday, September 19, 2023, at 3:00 p.m., to hold a public hearing on the Draft San Francisco Reparations Plan and Dream Keeper Initiative updates; and requesting the Human Rights Commission, the African American Reparations Advisory Committee, and the Dream Keeper Initiative to present; scheduled pursuant to Motion No. M23-021 (File No. 230077), approved on January 31, 2023. (Clerk of the Board) President Peskin opened the public hearing and informed the Board that Supervisor Walton has requested this Hearing be continued to a later date. The President then inquired whether any individual wished to address the Board regarding the proposed continuance. Reverend Amos Brown; Kurt Brantford Young; Speaker; Gloria Berry; spoke on various concerns relating to the hearing matter. There were no other speakers. President Peskin closed public comment on the continuance, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Dorsey, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of March 14, 2023. The motion carried by the following vote:

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

Excused: Walton

230025 [Administrative Code - Shared Spaces Program] Sponsors: Mayor; Dorsey and Engardio Ordinance amending the Administrative Code to extend the grace period for an additional 120 days for permit applicants to operate under pandemic shared spaces permits, including any Just-Add-Music approvals related to these spaces, and convert the shared space use into a post-pandemic permit; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Excused: Walton

221246 [Administrative, Business and Tax Regulations Codes - Homelessness Oversight Commission and Related City Bodies] Sponsors: Safai; Mandelman Ordinance amending the Administrative Code and Business and Tax Regulations Code as required by Proposition C, adopted at the November 8, 2022, election, to provide that the Homelessness Oversight Commission (“Commission”) appoint all members of the Local Homeless Coordinating Board (“Coordinating Board”); that the Coordinating Board’s sole duties are to serve as the governing body required to participate in the federal Continuum of Care Program and to advise the Commission on issues relating to the Continuum of Care; that the Shelter Monitoring Committee advise the Commission in lieu of the Coordinating Board; that the Our City, Our Home Oversight Committee (“Oversight Committee”) advise and make recommendations to the Commission and the Health Commission; and that the Oversight Committee inform the Department of Homelessness and Supportive Housing’s strategic planning process. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Excused: Walton

230118 [Appointment, Eastern Neighborhoods Citizens Advisory Committee - Anne Cervantes] Motion appointing Anne Cervantes, term ending October 19, 2023, to the Eastern Neighborhoods Citizens Advisory Committee. (Clerk of the Board) Motion No. M23-027 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Walton

230108 [Black History Month - February 2023] Sponsors: Walton; Chan, Peskin, Preston, Dorsey, Stefani, Ronen, Mandelman, Melgar, Safai and Engardio Resolution recognizing and celebrating Black History Month in the City and County of San Francisco during the month of February 2023. Supervisors Peskin and Preston requested to be added as co-sponsors. Supervisor Ronen, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 14, 2023. The motion carried by the following vote:

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

Excused: Walton

230109 [Accepting the Draft San Francisco Reparations Plan of the African American Reparations Advisory Committee] Sponsors: Walton; Preston, Mandelman, Safai, Ronen and Melgar Resolution accepting the Draft San Francisco Reparations Plan of the African American Reparations Advisory Committee. Supervisors Preston and Mandelman requested to be added as co-sponsors. Supervisor Mandelman, seconded by Supervisor Dorsey, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 14, 2023. The motion carried by the following vote:

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

Excused: Walton