Board of Supervisors Minutes: May 2, 2023

230340 [Tolling Agreement - Treasure Island Series 1, LLC - Real Property Transfer Tax Dispute] Resolution approving a Tolling Agreement to extend the statute of limitations for Treasure Island Series 1, LLC and Treasure Island Community Development, LLC to bring potential litigation against the City and County of San Francisco for a refund of real property transfer tax to allow for possible resolution of the matter without litigation. (City Attorney) Resolution No. 226-23 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

230213 [Administrative Code - Repealing Prohibitions on City Travel and Contracting Related to States with Certain Types of Discriminatory Laws] Sponsors: Mandelman; Stefani, Peskin, Ronen, Safai, Dorsey and Engardio Ordinance amending the Administrative Code to repeal Chapter 12X, and thereby repeal the prohibitions on City-funded travel to a state, and the City’s entering into a contract with a contractor that has its United States headquarters in a state or where any or all of the contract would be performed in a state, that allows discrimination against LGBT individuals, has restrictive abortion laws, or has voter suppression laws. (Supervisors Chan, Melgar, Preston, and Walton voted No on First Reading.) FINALLY PASSED by the following vote:

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

Noes: Chan, Walton

Supervisor Melgar, seconded by Supervisor Walton, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Ordinance No. 075-23 FINALLY PASSED by the following vote:

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

Noes: Chan, Melgar, Preston, Walton

priating $4,236,098 in Ambulance Service Revenue in the Fire Department, de-appropriating $62,348,096 from permanent salaries and mandatory fringe benefits, and appropriating $65,429,619 to overtime in the Department of Emergency Management, Department of Public Health, Department of Public Works, Fire Department, San Francisco Public Utilities Commission, Sheriff’s Department, and the Recreation and Parks Department and appropriating $1,154,575 to Materials and Supplies in the Fire Department, in order to support the Departments’ projected increases in overtime as required per Administrative Code Section 3.17; this Ordinance requires a two-thirds 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.) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), and Jenny Louie (Department of Public Health) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: None

230291 [Waiving Contracting Requirements of the Administrative Code for Port Leases approved by the Port Commission and the Board of Supervisors] Sponsors: Peskin; Mandelman Ordinance waiving the contracting requirements of the Administrative Code for tenant improvements performed by a Port tenant or its agents for Port leases approved by the Port Commission and the Board of Supervisors. PASSED ON FIRST READING by the following vote:

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

Noes: None

230349 [Waiver of Municipal Code Requirements for Public Utilities Commission Agreements with Caltrans] Ordinance exempting from requirements of the Administrative Code and the Environment Code two agreements between the San Francisco Public Utilities Commission and the California Department of Transportation for professional services for two sewer improvement projects, the Lower Alemany Area Stormwater Improvement Project and the Folsom Area Stormwater Improvement Project; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Utilities Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

230341 [Lease Amendment - International Terminal Food and Beverage Lease 3, Lease No. 16-0014 - Tastes on the Fly SFO International, LLC - Reduction of Premises] Resolution approving Amendment No. 3 to the International Terminal Food and Beverage Lease 3, Lease No. 16-0014, between Tastes on the Fly SFO International, LLC, as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, for a removal of one restaurant facility from the lease premises, resulting in a reduction in the total leasehold square footage of the demised premises by approximately 43%, while maintaining the Minimum Annual Guarantee of $1,177,995.15, effective upon approval of this Resolution. (Airport Commission) Resolution No. 227-23 ADOPTED by the following vote:

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

Noes: None

230381 [Accept and Expend Grant - Federal Aviation Administration - Airport Terminal Program Grant - $31,000,000] Sponsor: Mayor Resolution authorizing the Airport Commission to accept and expend a grant in an amount not to exceed $31,000,000 and any additional amounts up to 15% of the original grant for a period of October 1, 2022, through September 30, 2027, that may be offered from the Federal Aviation Administration for the implementation of the International Terminal Building Roof Upgrade Project, contingent on receipt by the Airport Commission of a grant offer from the Federal Aviation Administration. (Airport Commission) (Fiscal Impact) Resolution No. 228-23 ADOPTED by the following vote:

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

Noes: None

- Asian and Pacific Island Wellness Center dba San Francisco Community Health Center - Intensive Case Management and Mobile Delivered Care and Services - Not to Exceed $15,240,599] Sponsor: Dorsey Resolution approving Amendment No. 3 to the agreement between Asian and Pacific Islander Wellness Center dba San Francisco Community Health Center and the Department of Public Health (DPH), to provide intensive case management and mobile delivered care and services to severe need and special populations living with HIV/AIDS who reside in San Francisco, to increase the agreement by $5,585,276 for an amount not to exceed $15,240,599; to extend the term by three years from February 29, 2024, for a total agreement term of May 1, 2017, through February 28, 2027; and to authorize DPH 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 or this Resolution. (Public Health Department) (Fiscal Impact) Supervisor Dorsey requested to be added as the primary sponsor. Resolution No. 229-23 ADOPTED by the following vote:

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

Noes: None

230382 [Accept and Expend Grant - Retroactive - United States Department of Health and Human Services - Title X Family Planning Program - $301,725] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $221,725 from the United States Department of Health and Human Services, Office of Population Affairs through Essential Access Health for a total amount of $301,725 for participation in a program, entitled “Title X Family Planning Program,” for the period of April 1, 2022, through March 31, 2023. (Public Health Department) Resolution No. 180-23 ADOPTED by the following vote:

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

Noes: None

230411 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Program - $10,127,761 - FY2023-2024] Sponsors: Mayor; Dorsey, Mandelman and Engardio Resolution approving the Fiscal Year (FY) 2023-2024 Housing Opportunities for Persons with AIDS (“HOPWA”) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2023-2024 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $7,410,761 and to expend program income and reprogrammed funds in the amount of $2,717,000 for a combined total of $10,127,761 for the period of July 1, 2023, through June 30, 2026. (Mayor’s Office of Housing and Community Development) Resolution No. 230-23 ADOPTED by the following vote:

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

Noes: None

230412 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development Emergency Solutions Grants Program - $1,602,414 - FY2023-2024] Sponsor: Mayor Resolution approving the Fiscal Year (FY) 2023-2024 Emergency Solutions Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2023-2024 ESG Program entitlement from the U.S. Department of Housing and Urban Development, in the amount of $1,602,414 for an unspecified period starting July 1, 2023. Resolution No. 231-23 ADOPTED by the following vote:

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

Noes: None

230413 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - Community Development Block Grant Program - $25,083,788 - FY2023-2024] Sponsor: Mayor Resolution approving the Fiscal Year (FY) 2023-2024 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2023-2024 CDBG Program entitlement from the U.S. Department of Housing and Urban Development in the amount of up to $18,808,788 and to expend estimated program income in the amount of $6,275,000 for a combined total of approximately $25,083,788 for a period beginning July 1, 2023, through the date when all funds are expended. Resolution No. 232-23 ADOPTED by the following vote:

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

Noes: None

230414 [Apply for, Accept, and Expend Grant - U.S. Department of Housing and Urban Development - HOME Investment Partnership Program - $7,261,293 - FY2023-2024] Sponsor: Mayor Resolution approving the Fiscal Year (FY) 2023-2024 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2023-2024 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $5,261,293 and to expend Program Income in the amount of $2,000,000 for a combined total of $7,261,293 for the term of July 1, 2023, through June 30, 2028. (Mayor’s Office of Housing and Community Development) Resolution No. 233-23 ADOPTED by the following vote:

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

Noes: None

230429 [Accept and Expend In-Kind Gift - Consulting Services - Various Providers - Valued at $739,440] Sponsors: Mayor; Mandelman Resolution authorizing the Mayor’s Office, through the Mayor’s Office of Innovation, to accept an in-kind gift of consulting services valued at $739,440 from various providers from May 3 through August 18, 2023, in connection with the Civic Bridge Program. Resolution No. 234-23 ADOPTED by the following vote:

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

Noes: None

230386 [Resolution of Intention - Excelsior Community Benefit District] Sponsor: Safai Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district known as the “Excelsior Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on July 11, 2023 at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 235-23 ADOPTED by the following vote:

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

Noes: None

230058 [Planning Code, Zoning Map - Rezone Designated RM-2 Parcel] Sponsor: Stefani Ordinance amending the Planning Code and Zoning Map to rezone Assessor’s Parcel Block No. 0976, Lot No. 001, located in the Residential Mixed, Moderate Density (RM-2) District to permit use for up to 47 Tourist Hotel Rooms; 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 under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Noes: None

230280 [General Plan - Environmental Justice Framework and General Plan Introduction] Ordinance amending the General Plan by adopting the San Francisco Environmental Justice Framework and amending the Introduction to the General Plan; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and general welfare under Planning Code, Section 340, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Department) (Pursuant to Charter, Section 4.105, the Planning Commission recommends General Plan amendments to the Board of Supervisors for approval or rejection. If the Board fails to act within 90 days of receipt, the proposed General Plan amendment shall be deemed approved. Transmittal Date: March 10, 2023.) PASSED ON FIRST READING by the following vote:

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

Noes: None

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

230361 [Mayoral Appointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Vanessa Aquino] Motion approving the Mayor’s nomination for appointment of Vanessa Aquino to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), term ending November 3, 2024. (Clerk of the Board) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: April 3, 2023) Motion No. M23-069 APPROVED by the following vote:

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

Noes: None

230324 [Recognizing the Decommissioning and Deconsecration of the Site of the Congregation B’nai Emunah] Sponsors: Melgar; Peskin, Dorsey, Mandelman and Engardio Resolution recognizing the decommissioning and deconsecration of the current site of Congregation B’nai Emunah in order to form and relocate the new Congregation Am Tikvah. Resolution No. 236-23 ADOPTED by the following vote:

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

Noes: None

230196 [Liquor License Transfer - 140-10 Street - Rye Bar] Resolution determining that the transfer of a Type-48 on-sale general public premises liquor license to Rye Bar, Inc., to do business as Rye Bar, located at 140-10 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. 237-23 ADOPTED by the following vote:

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

Noes: None

230481 [Final Map No. 10959 - 900 Pennsylvania Avenue] Motion approving Final Map No. 10959, a lot merger project, being a merger of parcels 1-33 (Assessor’s Parcel Block No. 4224, Lot No. 045), and parcel 34 (Assessor’s Parcel Block No. 4224, Lot No. 090), as shown on Record of Survey 9137, filed June 26, 2020, in Book 11 of Survey Maps at Page 172, located at 900 Pennsylvania Avenue, being a lot merger of Assessor’s Parcel Block No. 4224, Lot Nos. 045 and 090; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M23-070 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