Board of Supervisors Minutes: April 4, 2023

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. Supervisor Dorsey requested to be added as a co-sponsor. Ordinance No. 044-23 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

ropriation - $31,999,402 - Releasing $7,430,008 from Reserve - FY2022-2023] Sponsors: Mayor; Stefani, Dorsey, Engardio, Mandelman and Safai Ordinance appropriating $25,371,063 of General Fund General Reserves, $587,029 of other revenues, and $834,204 of special revenue fund balance to the Police Department; de-appropriating $31,999,402 from permanent salaries, mandatory fringe benefits, equipment, budgeted debt service, budgeted project expenditures, and overtime for increased overtime budget in the Police Department in Fiscal Year (FY) 2022-2023 as required per Administrative Code, Section 3.17, required biweekly reporting to the Board of Supervisors on overtime by neighborhood, and releasing $7,430,008 from expenditure reserve; this Ordinance requires a two-thirds approval vote of all members of the Board of Supervisors 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) Ordinance No. 043-23 FINALLY PASSED 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) Ordinance No. 049-23 FINALLY PASSED by the following vote:

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

Noes: None

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) Ordinance No. 046-23 FINALLY PASSED by the following vote:

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

Noes: None

221182 [Contract Modification - Jefferies LLC - Litigation Consulting Services - Not to Exceed $15,500,000] Resolution authorizing the second amendment to a contract between the Office of the City Attorney and Jefferies LLC for litigation consulting services to extend the contract term for four years and five months, from April 1, 2023, for a total contract term of May 17, 2019, through September 17, 2027, and to increase the contract amount by $5,501,000 for a new contract amount not to exceed $15,500,000, pursuant to Charter, Section 9.118(b); and to authorize the City Attorney to enter into amendments or modifications to the contract that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract or this Resolution. (City Attorney) (Fiscal Impact) Resolution No. 150-23 ADOPTED by the following vote:

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

Noes: None

Apply for Grant - The Related Companies of California, LLC and San Francisco Housing Development Corporation - Assumption of Liability - Dept. of Housing and Community Development Affordable Housing and Sustainable Communities Program - 160 Freelon Family] Sponsors: Mayor; Dorsey, Mandelman and Safai Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with The Related Companies of California, LLC and San Francisco Housing Development Corporation, for the 100% affordable housing project identified as 160 Freelon Family; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 151-23 ADOPTED by the following vote:

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

Noes: None

230219 [Apply for Grant - MidPen Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - 850 Turk Street] Sponsors: Mayor; Stefani, Mandelman, Safai and Preston Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with MidPen Housing Corporation, a California public benefit corporation, for the 100% affordable housing project identified as 850 Turk Street; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Supervisor Preston requested to be added as a co-sponsor. Resolution No. 152-23 ADOPTED by the following vote:

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

Noes: None

230220 [Apply for Grant - BRIDGE Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Balboa Reservoir Building A] Sponsors: Mayor; Melgar, Safai and Mandelman Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with BRIDGE Housing Corporation, a California public benefit corporation, for the 159-unit 100% affordable housing project identified as Balboa Reservoir Building A; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 153-23 ADOPTED by the following vote:

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

Noes: None

230261 [Apply for Grant - Mercy Housing California - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Transbay 2 East Family] Sponsors: Mayor; Dorsey, Mandelman and Safai Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with Mercy Housing California, for the 100% affordable housing project identified as Transbay 2 East Family; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 154-23 ADOPTED by the following vote:

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

Noes: None

230229 [Accept and Expend Grant - Retroactive - Public Defender’s Adachi Project - Ford Foundation Grant - $200,000] Sponsors: Chan; Ronen Resolution retroactively approving the Public Defender’s Office’s participation in applying for and directing the expenditure of a grant from the Ford Foundation to Even/Odd, LLC in collaboration with the creative collective Compound for implementation of the Adachi Project in the amount of $200,000 for the period of May 1, 2022, through May 1, 2024. (Public Defender) Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 155-23 ADOPTED by the following vote:

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

Noes: None

66 [Police Code - Displaced Worker Protections Under Certain Service Contracts] Sponsors: Safai; Chan, Preston, Stefani, Walton, Ronen, Mandelman, Melgar and Dorsey Ordinance amending the Police Code to require an awarding authority, following the termination or end of a contract for janitorial, security, or building maintenance services in San Francisco, to provide information to facilitate the successor contractor’s retention of the terminated or ending contractor’s employees; to strengthen enforcement by permitting the City Attorney or an aggrieved employee to bring a civil action against the awarding authority for injunctive relief; to further strengthen enforcement by authorizing the Office of Labor Standards Enforcement (OLSE) to, among other things, promulgate rules, investigate possible violations, and order interim or final relief, including backpay, administrative penalties, costs of investigation, and interest; and to establish procedures for a person subject to an OLSE investigation to appeal the OLSE’s determination of violation. Supervisors Walton, Ronen, Mandelman, Melgar, and Dorsey requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

221284 [Urging Internet Service Providers to Provide Truly Affordable Internet for Senior and Disabled San Franciscans] Sponsors: Preston; Chan, Walton, Melgar, Ronen and Safai Resolution urging internet service providers, such as AT&T, Verizon, Comcast, and similar companies to provide affordable internet connections to seniors and people with disabilities in San Francisco. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 156-23 ADOPTED by the following vote:

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

Noes: None

230194 [Settlement of Unlitigated Claims against Walmart Inc. - City to Receive Approximately $2,600,000 to $6,800,000 Over 6 Years] Resolution authorizing settlement of unlitigated claims on behalf of the City and County of San Francisco and the People of the State of California against Walmart Inc. for abatement funds in the range of $2,600,000 to $6,800,000 to be paid over 6 years; the claims relate to Walmart Inc.’s allegedly improper and unlawful dispensing of prescription opioids at its pharmacies, which contributed to the epidemic of opioid abuse and misuse and caused a public nuisance. (City Attorney) Supervisor Ronen, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 11, 2023. The motion carried by the following vote:

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

Noes: None

230195 [Settlement of Unlitigated Claims against CVS Health Corporation and CVS Pharmacy, Inc. - City to Receive Approximately $4,500,000 to $12,000,000 Over 10 Years] Resolution authorizing settlement of unlitigated claims on behalf of the City and County of San Francisco and the People of the State of California against CVS Health Corporation and CVS Pharmacy, Inc. for abatement funds in the range of $4,500,000 to $12,000,000 to be paid over 10 years; the claims relate to CVS’s allegedly improper and unlawful dispensing of prescription opioids at its pharmacies, which contributed to the epidemic of opioid abuse and misuse and caused a public nuisance. (City Attorney) Supervisor Ronen, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 11, 2023. The motion carried by the following vote:

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

Noes: None

Recommendations of the Land Use and Transportation Committee Supervisor Safai Excused from Voting Out of an abundance of caution, Supervisor Safai requested to be excused from voting on File No. 210585 due to a possible conflict of interest. Supervisor Safai, seconded by Supervisor Mandelman, moved that Supervisor Safai be excused from voting on File No. 210585. The motion carried by the following vote:

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

Noes: None

Excused: Safai

210585 [Planning Code - State-Mandated Accessory Dwelling Unit Controls] Sponsor: Mayor Ordinance amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs) meeting certain requirements in single-family and multifamily buildings and to permit certain ADUs in the rear yard under the City’s local, discretionary approval program; making findings 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Safai

230134 [Police, Building Codes - Wage Theft Bonds] Sponsors: Mandelman; Chan Ordinance amending the Police and Building Codes to require owners of certain residential construction projects to maintain a labor compliance bond at the time of issuance of the first construction document; and clarifying that the bonding requirement applies to projects that submitted an application for a building permit or a complete preliminary permit application pursuant to California Government Code, Section 65941.1, on or after June 6, 2022. PASSED ON FIRST READING by the following vote:

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

Noes: None

230139 [Commemorative Street Name Designation - “Randall Kline Alley” - 200 Block of Linden Street] Sponsors: Peskin; Preston and Engardio Resolution adding the commemorative street name “Randall Kline Alley” to the 200 Block of Linden Street in recognition of Randall Kline’s retirement from SFJAZZ and in celebration of founding the organization 40 years ago, while also recognizing the construction and opening of the SFJAZZ Center 10 years ago. Resolution No. 157-23 ADOPTED by the following vote:

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

Noes: None

230228 [Condemning Texas State Senate Bill No. 147 (Kolkhorst) - Banning the Purchase of Real Property by Immigrants] Sponsors: Chan; Peskin, Preston, Walton, Dorsey, Ronen, Mandelman and Melgar Resolution condemning Texas State Senate Bill No. 147, introduced by Texas State Senator Lois Kolkhorst, that prohibits immigrants from owning Texas real estate. Supervisors Ronen, Mandelman, and Melgar requested to be added as co-sponsors. Resolution No. 158-23 ADOPTED by the following vote:

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

Noes: None

230082 [Liquor License Transfer - 655-22 Street - Mainstay Markets] Resolution determining that the premise-to-premise transfer of a Type-20 off-sale beer and wine liquor license to Mainstay Markets, to do business as Mainstay Markets located at 655-22 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 conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 159-23 ADOPTED by the following vote:

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

Noes: None

230089 [Liquor License Issuance - 1710-1712 Mission Street - Brick and Mortar Music Hall] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to The Waterslide LLC, to do business as Brick & Mortar Music Hall located at 1710-1712 Mission 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 conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 145-23 ADOPTED by the following vote:

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

Noes: None

230264 [Japantown Cultural Heritage District’s Cultural, History, Housing, and Economic Sustainability Strategy Report] Sponsors: Mayor; Chan, Safai, Engardio, Peskin, Preston, Dorsey, Mandelman and Ronen Resolution adopting the Japantown Cultural Heritage District’s Cultural, History, Housing, and Economic Sustainability Strategy (“CHHESS”) Report. Supervisors Mandelman and Ronen requested to be added as co-sponsors. Resolution No. 160-23 ADOPTED by the following vote:

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

Noes: None

221245 [Administrative Code - Reentry Council; Pretrial Services Seat] Sponsor: Ronen Ordinance amending the Administrative Code to add a seat to the Reentry Council, to be appointed by the Board of Supervisors, designated for a representative of the entity responsible for the administration of pretrial services involving alternatives to incarceration. PASSED ON FIRST READING by the following vote:

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

Noes: None

230126 [Appointment, Public Works Commission - Gerald Demarcus Turner] Motion appointing Gerald Demarcus Turner, term ending July 2, 2024, to the Public Works Commission. (Rules Committee) Motion No. M23-048 APPROVED by the following vote:

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

Noes: None

230284 [Mayoral Appointment, Port Commission - Ed Harrington] Motion approving the Mayor’s nomination for appointment of Ed Harrington to the Port Commission, term ending May 1, 2024. (Clerk of the Board) (Charter, Section 4.114, provides that the Mayor's appointment is subject to confirmation by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: March 13, 2023.) Motion No. M23-049 APPROVED by the following vote:

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

Noes: None

cers to take all steps requested by the Executive Director of DEM to qualify the City for funding as may be available to reimburse the City for the expenses it incurs in addressing this emergency; 3) expedite the procurement of services, goods, and public works relating to the emergency by exempting contracts and grants for such services from specific contract requirements, waiving Civil Service Commission approval of such contracts and grants, authorizing departments to purchase professional services through the issuance of a stand-alone purchase order, authorizing department heads or their designees to deviate from the City’s standard terms and conditions where necessary to effectively respond to the emergency, and authorizing the procurement of public works as provided in Administrative Code, Section 6.60; and 4) authorize the Director of the Department of Building Inspection to require a façade inspection and/or inspection report regarding any building at a time or interval that the Director deems necessary to address the risk of unsafe conditions caused by winter storms. (Clerk of the Board) Motion No. M23-050 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None