Board of Supervisors Minutes: March 21, 2023

230057 [Administrative Code - Health Service System Eligibility for Members of New Commission] Sponsors: Safai; Walton Ordinance amending the Administrative Code to provide that members of the Homelessness Oversight Commission are eligible for health insurance coverage through the San Francisco Health Service System. Ordinance No. 041-23 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

221147 [Administrative Code - Removing Construction Agreements from the Prohibition on Contracting in States with Certain Types of Discriminatory Laws] Sponsors: Safai; Mandelman Ordinance amending the Administrative Code to remove agreements let under Chapter 6 for Public Works or Improvement from the prohibitions in Chapter 12X on the City’s entering into a contract with a contractor that has its United States headquarters in a state that allows discrimination against LGBT individuals, has restrictive abortion laws, or has voter suppression laws, or where any or all of the contract would be performed in such a state. (Supervisors Chan, Melgar, Preston, and Walton voted no on First Reading.) Ordinance No. 042-23 FINALLY PASSED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Peskin, Ronen, Safai, Stefani

Noes: Chan, Melgar, Preston, Walton

221162 [Business and Tax Regulations Code - Extending Temporary Suspension of Business Registration and Fee for Transportation Network Company Drivers and Taxi Drivers] Sponsors: Peskin; Chan and Mandelman Ordinance amending the Business and Tax Regulations Code to extend through Fiscal Year 2027-2028 the temporary suspension of the application of the business registration and fee requirements to transportation network company drivers and taxi drivers. PASSED ON FIRST READING by the following vote:

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

230074 [Safe Consumption Sites - Behested Payment Waiver] Sponsors: Ronen; Mandelman, Walton, Dorsey and Preston Resolution authorizing the Mayor, officers and employees of the Office of the Mayor, and officers and employees of the Department of Public Health to solicit donations to support the opening and operation of safe consumption sites from various private entities and foundations, notwithstanding the Behested Payment Ordinance. Supervisor Preston requested to be added as a co-sponsor. Resolution No. 131-23 ADOPTED by the following vote:

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

230121 [California Constitution Appropriations Limit for FY2022-2023] Resolution establishing the appropriations limit established at $10,609,128,182 for Fiscal Year (FY) 2022-2023 pursuant to California Constitution, Article XIII B; due to the addition of local non-residential new construction and the percent change in population within the San Francisco Metropolitan Area from the previous year for the purpose of computation of its Appropriations Limit. (Controller) Resolution No. 132-23 ADOPTED by the following vote:

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

230168 [Resolution of Intention to Establish San Francisco Enhanced Infrastructure Financing District No. 1 (Power Station)] Sponsors: Mayor; Walton, Safai and Mandelman Resolution of intention to establish San Francisco Enhanced Infrastructure Financing District No. 1 (Power Station) to finance public capital facilities and projects of communitywide significance related to the Potrero Power Station project and other authorized costs, and determining other matters in connection therewith, as defined herein. Resolution No. 133-23 ADOPTED by the following vote:

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

230224 [Accept and Expend Grant - Retroactive - Northern California Apprentice Network and Apprenticeship Growth in Northern California Through the Office of Economic and Workforce Development - $900,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $900,000 from the James Irvine Foundation during the grant period of November 7, 2022, through November 7, 2024. Resolution No. 134-23 ADOPTED by the following vote:

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

ose of providing financing for the construction of a 73-unit multifamily rental housing project known as “Hunters Point Shipyard Block 56”; approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender identified therein to the City and for the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of an assignment of deed of trust and related documents; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 135-23 ADOPTED by the following vote:

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

and Programs - Embarcadero SAFE Navigation Center - Not to Exceed $36,621,656] Sponsors: Mayor; Dorsey Resolution approving the second amendment to the grant agreement between Five Keys Schools and Programs and the Department of Homelessness and Supportive Housing (“HSH”) for supportive services at the Embarcadero SAFE Navigation Center; extending the grant term by nine months for a term of September 1, 2020, through December 31, 2023; increasing the agreement amount through December 31, 2023, by $4,209,528 for an amount of $14,009,528; authorizing HSH to further extend the grant term up to December 31, 2027, if the Port Commission extends permission for the Embarcadero SAFE Navigation Center to continue to operate on Port property beyond December 31, 2023; increasing the overall not to exceed amount by $26,821,656 to a total not to exceed $36,621,656; and authorizing HSH to enter into any additions, amendments, or other modifications to the agreement that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Resolution No. 121-23 ADOPTED by the following vote:

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

230233 [Contract Amendment - Sapient Corporation (Sapient) - Office of the Assessor-Recorder Property Assessment System Replacement Project - Not to Exceed $27,158,702] Sponsor: Peskin Resolution authorizing the Office of the Assessor-Recorder (ASR) to execute Amendment No. 1 to Contract 1000010122 with Sapient Corporation for the implementation and maintenance of the Property Assessment System Replacement Project; increasing the contract by $5,743,999 for a total not to exceed amount of $27,158,702 and reducing the contract duration from 12-years to nine-years from November 1, 2030, to December 31, 2027. Resolution No. 136-23 ADOPTED by the following vote:

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

s pursuant to Charter Section 9.113(c). (Supervisors Preston and Walton voted No on First Reading.) (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) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), Chief William Scott and Patrick Leung (Police Department), Anne Pearson (Office of the City Attorney), and Tom Paulino and Anna Duning (Mayor’s Office) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Stefani, moved to increase the appropriation by $3,100,000. Before the vote was taken, Supervisor Stefani withdrew her second. The motion failed due to the lack of a second. Supervisor Safai requested the Ordinance be DUPLICATED ON FIRST READING. Supervisor Safai moved that the Duplicated Ordinance be RE-REFERRED to the Budget and Appropriations Committee. The motion failed due to the lack of a second. The Duplicated Ordinance did not move forward due to insufficient action. PASSED ON FIRST READING by the following vote:

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

Noes: Preston, Walton

230214 [Public Employment - Amendment to the Salary Ordinance for the Department of Public Works - Street Cleaning and Graffiti Abatement - FY2022-2023] Sponsors: Peskin; Safai, Chan, Preston and Ronen Ordinance amending Ordinance No. 162-22 (Annual Salary Ordinance Fiscal Years (FY) 2022-2023 and 2023-2024) to reflect the addition of 56 off-budget positions (18.67 FTEs) in the Department of Public Works to support street cleaning and graffiti abatement in FY2022-2023. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

230215 [Appropriation - General Reserve - Public Works - $25,000,000 - FY2022-2023] Sponsors: Peskin; Safai, Chan, Preston and Ronen Ordinance appropriating $25,000,000 of General Fund General Reserves for street cleaning and graffiti abatement in the Department of Public Works in Fiscal Year (FY) 2022-2023. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

230041 [Grant Agreement Amendment - Mid-Market Foundation - Mid-Market/Tenderloin Community-Based Safety Program - Not to Exceed $33,590,570] Resolution approving Amendment No. 2 to a grant agreement between the Office of Economic and Workforce Development and Mid-Market Foundation, for management of the Mid-Market /Tenderloin Community-Based Safety Program; to increase the grant amount by $13,100,570 for a total not to exceed amount of $33,590,570 for the period of July 1, 2022, through October 15, 2023; to commence following approval by the Board of Supervisors; and to authorize the Director of the Office of Economic and Workforce Development to enter into amendments or modifications to the contract 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 contract. (Department of Economic and Workforce Development) (Fiscal Impact) Resolution No. 110-23 ADOPTED by the following vote:

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

230043 [Grant Agreement Amendment - San Francisco Tourism Improvement District Management Corporation Downtown Welcome Ambassador Program Not to Exceed $16,227,000] Resolution approving Amendment No. 4 to a grant agreement between the Office of Economic and Workforce Development and the San Francisco Tourism Improvement District Management Corporation, for management of the Downtown Welcome Ambassador Program; to increase the grant amount by $6,300,000 for a total not to exceed amount of $16,227,000 for the period of July 1, 2021, through October 15, 2023; to commence following approval by the Board of Supervisors; and to authorize the Director of the Office of Economic and Workforce Development to enter into amendments or modifications to the contract 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 contract. (Department of Economic and Workforce Development) (Fiscal Impact) Resolution No. 111-23 ADOPTED by the following vote:

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

230162 [Police Code - Cannabis Regulation] Sponsor: Mandelman Ordinance amending the Police Code to allow holders of temporary cannabis business permits to transfer an aggregate ownership interest of 50% or more in the business to persons that were not owners at the time the temporary permit was issued so long as five years or more have passed since the Office of Cannabis Director first acknowledged receipt of the business’s application for a temporary cannabis business permit, regardless of whether the business has received a permanent cannabis business permit. PASSED ON FIRST READING by the following vote:

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

230021 [Liquor License Issuance - 1198 Pacific Avenue - Dapper] Resolution determining that the issuance of a Type-20 off-sale beer and wine liquor license to Dapper Nob Hill LLC, to do business as Dapper located at 1198 Pacific Avenue (District 3) 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 no additional conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 137-23 ADOPTED by the following vote:

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

230022 [Liquor License Transfer - 3801-3 Street - Lucky Bayview] Resolution determining that the person-to-person, premises-to-premises transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Save Mart Supermarkets LLC, doing business as Lucky Bayview, located at 3801-3 Street (District 10), 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 no additional conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 138-23 ADOPTED by the following vote:

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

230154 [Appointments, Homelessness Oversight Commission - Christin Evans, Joaquin Whit Guerrero, and Bevan Dufty] Motion appointing Christin Evans, term ending May 1, 2025, and Joaquin Whit Guerrero and Bevan Dufty, terms ending May 1, 2027, to the Homelessness Oversight Commission. (Rules Committee) (Supervisor Dorsey dissented in Committee.) Supervisor Mandelman requested that the question be DIVIDED to consider the appointment of Christin Evans separately. The divided question to consider the appointment of Christin Evans was APPROVED by the following vote:

Ayes: Chan, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: Dorsey, Engardio, Mandelman, Stefani

Motion No. M23-042 The remaining balance of the question was APPROVED by the following vote:

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

230197 [Mayoral Appointment, Homelessness Oversight Commission - Sharky Laguana] Motion approving the Mayor’s nomination for the appointment of Sharky Laguana to the Homelessness Oversight Commission, term ending May 1, 2025. (Clerk of the Board) (Charter, Section 4.133, provides that this nomination is subject to approval by the Board of Supervisors within and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, the nominee shall be deemed approved. Transmittal date: February 22, 2023.) Motion No. M23-043 APPROVED by the following vote:

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

230198 [Mayoral Appointment, Homelessness Oversight Commission - Jonathan Butler] Motion approving the Mayor’s nomination for the appointment of Jonathan Butler to the Homelessness Oversight Commission, term ending May 1, 2027. (Clerk of the Board) (Charter, Section 4.133, provides that this nomination is subject to approval by the Board of Supervisors within and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, the nominee shall be deemed approved. Transmittal date: February 22, 2023.) Motion No. M23-044 APPROVED by the following vote:

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

230199 [Mayoral Appointment, Homelessness Oversight Commission - Katie Albright] Motion approving the Mayor’s nomination for the appointment of Katie Albright to the Homelessness Oversight Commission, term ending May 1, 2027. (Clerk of the Board) (Charter, Section 4.133, provides that this nomination is subject to approval by the Board of Supervisors within and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, the nominee shall be deemed approved. Transmittal date: February 22, 2023.) Motion No. M23-045 APPROVED by the following vote:

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

ervisor Mandelman provided opening remarks. The President then inquired as to whether any individual wished to address the Committee of the Whole relating to the Place for All Report (File No. 230115). Sam Dodge (Department of Emergency Management), Amy King (Pallet Shelters), Shireen McSpadden, Director, Noelle Simmons, and Gigi Whitley (Department of Homelessness and Supportive Housing), Gail Gilman (All Homes), and Jeff Bellisario (Bay Area Council) provided an overview of the Place for All Report and responded to questions raised throughout the discussion. Thierry Fill; Jordan Davis; Mark Nagel; Jennifer Friedenbach; Andrea Ayala; Raphael; Stephanie Ashley; Otto Duffy; Speaker; William; Alice Rogers; Speaker; Marnie Regen; Chris Wright; Gloria Berry; Illani; Joi Jackson-Morgan; Melanie Medina; Julia Rome; Speaker; Jarod Goldmine; spoke on various concerns relating to the Place for All Report. There were no other speakers. The President closed public comment, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Mandelman, seconded by Supervisor Dorsey, moved that this Hearing be HEARD AND FILED. The motion carried by the following vote:

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

230260 [Administrative Code - COVID-19 Tenant Protections] Sponsors: Preston; Walton, Peskin, Ronen, Chan and Dorsey Ordinance amending the Administrative Code to extend by 60 days the restrictions on evicting or imposing late fees on residential tenants who could not pay rent that came due during the COVID-19 emergency. PASSED ON FIRST READING by the following vote:

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

erty - Land Dedication by 598 Brannan Street Phase 1, L.L.C. - 160 Freelon Street - Inclusionary Affordable Housing] Sponsors: Mayor; Dorsey Resolution approving and authorizing an agreement with 598 Brannan Street Phase 1, L.L.C. for the conveyance of a parcel of real estate, consisting of approximately 12,800 square feet of land within Assessor’s Parcel Block No. 3777, located at 160 Freelon Street in the City and County of San Francisco to the Mayor’s Office of Housing and Community Development pursuant to the land dedication process permitted under Planning Code, Section 249.78(e)(2)(B); adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain 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, and take certain actions in furtherance of this Resolution, as defined herein. Resolution No. 112-23 ADOPTED by the following vote:

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

230160 [Administrative Code - Establishing the Enhanced Infrastructure Financing District Public Financing Authority No. 1] Sponsors: Mayor; Walton, Safai and Dorsey Ordinance amending the Administrative Code to establish and define the membership and duties of the Enhanced Infrastructure Financing District Public Financing Authority No. 1. PASSED ON FIRST READING by the following vote:

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

230289 [Appointments, Sugary Drinks Distributor Tax Advisory Committee - Chester Williams, John Iesha Ena, Marna Armstead, Francis Abigail Cabrera, Jamey Schmidt, Linda Ye, Eva Holman, and Laura Urban] Motion appointing Chester Williams (residency requirement waived), John Iesha Ena, Marna Armstead, Francis Abigail Cabrera, Jamey Schmidt, Linda Ye, Eva Holman, and Laura Urban, terms ending December 31, 2024, to the Sugary Drinks Distributor Tax Advisory Committee. (Rules Committee) Motion No. M23-046 APPROVED by the following vote:

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

230290 [Appointments, Food Security Task Force - Austin Dalmasso, Earl Campbell Barbee, and Jade Quizon] Motion appointing Austin Dalmasso, Earl Campbell Barbee, and Jade Quizon (residency requirement waived), for indefinite terms, to the Food Security Task Force. (Rules Committee) Motion No. M23-047 APPROVED by the following vote:

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

230305 [Supporting California State Assembly Bill No. 28 (Gabriel) - The Gun Violence Prevention, Healing, and Recovery Act] Sponsors: Stefani; Walton and Chan Resolution supporting California State Assembly Bill No. 28, introduced by Assembly Member Jesse Gabriel, the Gun Violence Prevention, Healing, and Recovery Act, which would state the intent of the Legislature to enact legislation to impose a tax on firearms and ammunition sales to fund measures to protect against gun violence. Supervisors Walton and Chan requested to be added as co-sponsors. Resolution No. 143-23 ADOPTED The foregoing items were acted upon by the following vote:

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

230179 [Urging Governor Gavin Newsom, Senator Scott Wiener, Assembly Member Matt Haney, and Assembly Member Phil Ting to Legalize Sex Work in California] Sponsor: Ronen Resolution urging Governor Gavin Newsom, Senator Scott Wiener, Assembly Member Matt Haney, and Assembly Member Phil Ting to legalize consensual adult prostitution in the State of California; legalization is a proven effective method to protect the health and safety of sex workers while reducing crime and violence. Supervisor Ronen, seconded by Supervisor Preston, moved that this Resolution be REFERRED to the Government Audit and Oversight Committee. The motion carried by the following vote:

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

230298 [Recognizing Problem Gambling Awareness Month - March 2023] Sponsors: Peskin; Chan, Engardio, Walton, Stefani and Mandelman Resolution recognizing March 2023 as Problem Gambling Awareness Month in the City and County of San Francisco. Supervisors Walton, Stefani, and Mandelman requested to be added as co-sponsors. President Peskin provided the following 24/7 toll-free number for those struggling with gambling addiction, it is free and confidential: 1-888-968-7888. Resolution No. 144-23 ADOPTED by the following vote:

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