Board of Supervisors Minutes: June 13, 2023

230535 [Tolling Agreement - The Mexican Museum - Lawsuit Statute of Limitations] Resolution approving a tolling agreement to toll the statute of limitations on The Mexican Museum’s lawsuit against the City in exchange for a dismissal without prejudice in The Mexican Museum v. City and County of San Francisco, et al., San Francisco Superior Case No. CGC-14-542509. (City Attorney) Resolution No. 327-23 ADOPTED The foregoing items were acted upon by the following vote:

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

230448 [Memorandum of Understanding - San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 1, to be effective July 1, 2023, through June 30, 2026. Ordinance No. 110-23 FINALLY PASSED by the following vote:

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

230449 [Memorandum of Understanding - San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 2] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and San Francisco Fire Fighters Union Local 798, IAFF, AFL-CIO, Unit 2, to be effective July 1, 2023, through June 30, 2026. Ordinance No. 111-23 FINALLY PASSED by the following vote:

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

230561 [Memorandum of Understanding - Municipal Executives Association - Fire] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association - Fire, to be effective July 1, 2023, through June 30, 2026. Ordinance No. 112-23 FINALLY PASSED by the following vote:

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

230563 [Compensation for Unrepresented Employees] Sponsor: Mayor Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensation is subject to the provisions of Section A8.409 of the Charter, in job codes not represented by an employee organization, and establishing working schedules and other terms and conditions of employment and methods of payment effective July 1, 2023. Ordinance No. 114-23 FINALLY PASSED by the following vote:

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

230564 [Memorandum of Understanding - Service Employees International Union, Local 1021 - Amendment No. 2] Sponsors: Mayor; Safai and Mandelman Ordinance adopting and implementing the Second Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021, effective July 1, 2023, to adopt a side letter agreement to undertake classification studies and equity adjustments for certain represented classifications. Ordinance No. 115-23 FINALLY PASSED by the following vote:

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

230565 [Memorandum of Understanding - Service Employees International Union, Local 1021 - Amendment No. 3] Sponsors: Mayor; Safai and Mandelman Ordinance adopting and implementing the Third Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union Local 1021, effective July 1, 2023, to amend the compensation provision for 8238 Public Safety Communications Dispatcher and 8239 Senior Police Communications Dispatcher to provide an additional sixth salary step to both classifications. Ordinance No. 116-23 FINALLY PASSED by the following vote:

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

230566 [Memorandum of Understanding - Service Employees International Union, Local 1021 - Amendment No. 4] Sponsors: Mayor; Safai and Mandelman Ordinance adopting and implementing the Fourth Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021, effective July 1, 2023, to adopt a side letter agreement for a retention payment program for certain Human Services Agency employees who provide child welfare emergency response services. Ordinance No. 117-23 FINALLY PASSED by the following vote:

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

230567 [Memorandum of Understanding - Municipal Executives Association - Amendment No. 1] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association, effective July 1, 2023, to adopt a side letter agreement for a retention payment program for certain Human Services Agency employees who provide child welfare emergency response services. Ordinance No. 118-23 FINALLY PASSED by the following vote:

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

230568 [Memorandum of Understanding - Municipal Executives Association - Amendment No. 2] Sponsor: Mayor Ordinance adopting and implementing the Second Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association, effective July 1, 2023, to adopt a side letter agreement to reinstate the Airport Employee Transit Pilot Program at San Francisco International Airport. Ordinance No. 119-23 FINALLY PASSED by the following vote:

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

230562 [Memorandum of Understanding - Municipal Executives Association - Police] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association - Police, to be effective July 1, 2023, through June 30, 2026. (Supervisor Peskin voted No on First Reading.) Ordinance No. 113-23 FINALLY PASSED by the following vote:

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

Noes: Peskin

230164 [Planning Code - Non-Conforming Public Parking Lots in the Mission Street NCT District] Sponsors: Ronen; Mandelman Ordinance amending the Planning Code to allow continued use of existing shared spaces in specified public parking lots in the Mission Street Neighborhood Commercial Transit (NCT) District without triggering abandonment of the underlying vehicular parking use; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 108-23 FINALLY PASSED by the following vote:

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

230192 [Planning Code - Landmark Designation Amendment - 429-431 Castro Street (the Castro Theatre)] Sponsor: Mandelman Ordinance amending the Landmark Designation for Landmark No. 100, 429-431 Castro Street (the Castro Theatre), Assessor’s Parcel Block No. 3582, Lot No. 085, under Article 10 of the Planning Code, to list the exterior features that should be preserved or replaced in kind, to add interior features to the designation, and to capture the property’s full historical significance; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) (Supervisor Peskin voted No on First Reading.) Ordinance No. 109-23 FINALLY PASSED by the following vote:

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

Noes: Peskin, Ronen, Walton

200144 [Police Code - Ceasing Acceptance of New Applications - Cannabis Retail Permits] Sponsors: Safai; Walton, Stefani and Dorsey Ordinance amending the Police Code to provide that cannabis retail permit applications will not be accepted by the Office of Cannabis during the period between the effective date of this ordinance and December 31, 2027; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 106-23 FINALLY PASSED by the following vote:

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

220814 [Health Code - Designating City Attorney to Represent City in Certain Conservatorship Proceedings] Sponsors: Mandelman; Chan and Engardio Ordinance amending the Health Code to designate the City Attorney rather than the District Attorney to represent the City in judicial proceedings to establish a “Murphy Conservatorship,” a conservatorship for individuals who have been found mentally incompetent during a criminal proceeding involving a charge of death, great bodily harm, or a serious threat to the physical well-being of another person; there has been a finding of probable cause and the proceeding has not been dismissed; as a result of a mental health disorder, the individual is unable to understand the nature and purpose of the criminal proceeding or assist counsel in the conduct of the defense; and the individual represents a substantial danger of physical harm to self or others by reason of mental disease, defect, or disorder. FINALLY PASSED by the following vote:

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

Supervisor Walton, seconded by Supervisor Preston, 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

FINALLY PASSED by the following vote:

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

Absent: Engardio

The first request to rescind the vote was incorrectly requested; therefore, Supervisor Walton, seconded by Supervisor Ronen, moved to rescind the previous votes and allow the original unanimous vote on the question to stand. The motion carried by the following vote:

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

Absent: Engardio

Ordinance No. 107-23 FINALLY PASSED by the following vote:

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

230474 [Airport Professional Services Agreement - SP Plus SF Joint Venture - Management and Operations of Airport Public and Employee Parking Facilities - Not to Exceed $214,947,987] Resolution approving the Professional Services Agreement, Contract No. 50337, for a five-year term commencing July 1, 2023, through June 30, 2028, in an amount not to exceed $214,947,987 for the Management and Operations of Airport Public and Employee Parking Facilities between SP Plus SF Joint Venture and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 325-23 ADOPTED by the following vote:

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

230536 [Settlement of Unlitigated Claim - 1231 Market Street Owner L.P. - $19,500,000] Resolution approving the settlement of the unlitigated claim filed by 1231 Market Street Owner L.P. against the City and County of San Francisco for $19,500,000; the claim was filed on April 13, 2023; the claim involves allegations of property damage to the Hotel Whitcomb caused by shelter-in-place (SIP) hotel guests during the COVID-19 pandemic and resulting loss of use; other material terms of the settlement include a mutual full and final release, with each party to bear their own costs. (City Attorney) Resolution No. 328-23 ADOPTED by the following vote:

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

190785 [Follow-Up Board Response - Civil Grand Jury Report - Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation Nos. R1, R2, R3, R6, R7, and R8 contained in the 2018-2019 Civil Grand Jury Report, entitled “Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System.” (Government Audit and Oversight Committee) Motion No. M23-089 APPROVED by the following vote:

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

230493 [Planning Code - Landmark Designation - The Church for the Fellowship of All Peoples] Sponsors: Peskin; Preston and Melgar Ordinance amending the Planning Code to designate The Church for the Fellowship of All Peoples, at 2041 Larkin Street, Assessor’s Parcel Block No. 0572, Lot No. 003, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) PASSED ON FIRST READING by the following vote:

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

230451 [Administrative Code - Official Animal - Wild Parrot] Sponsors: Melgar; Peskin and Mandelman Ordinance amending the Administrative Code to designate the wild parrot as the official animal of the City and County of San Francisco. 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, Walton

230539 [Appointment, Children and Families First Commission - Elizabeth Winograd] Motion appointing Elizabeth Winograd, term ending October 8, 2026, to the Children and Families First Commission. (Rules Committee) Motion No. M23-090 APPROVED by the following vote:

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

230641 [Retail Water and Wastewater Rates and Charges for Fiscal Year End 2024-2026] Resolution rejecting the retail water and wastewater rates and charges for Fiscal Year End (FYE) 2024-2026 from the San Francisco Public Utilities Commission, pursuant to Charter, Section 8B.125. (Clerk of the Board) (Pursuant to Charter, Section 8B.125, the Public Utilities Commission shall set rates, fees and other charges in connection with providing utility services, which are subject to rejection by resolution of the Board of Supervisors within 30 days of submission. If the Board fails to act within 30 days, the rates shall become effective. Transmittal Date: May 26, 2023.) Supervisor Safai, seconded by Supervisor Melgar, moved that this Resolution be TABLED. The motion carried by the following vote:

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

230597 [Contract Amendment - Regents of the University of California - Behavioral Health Services for Children, Youth and Families - Not to Exceed $19,820,764] Sponsors: Mayor; Mandelman and Safai Resolution approving Amendment No. 2 to the agreement between The Regents of the University of California and the Department of Public Health, for behavioral health services for children, youth and families, to increase the agreement by $9,956,190 for an amount not to exceed $19,820,764; to extend the term by four years, from June 30, 2023, for a total agreement term of July 1, 2018, through June 30, 2027; and to authorize the Department of Public Health 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) Resolution No. 297-23 ADOPTED by the following vote:

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

ent - Retroactive - The Regents of the University of California - Mental Health Services for Infant Parent Program - Not to Exceed $14,647,481] Sponsors: Mayor; Mandelman and Safai Resolution retroactively approving Amendment No. 2 to the agreement between The Regents of the University of California, A Constitutional Corporation, on behalf of its San Francisco Campus University of California (UC) San Francisco General Hospital (SFGH) Clinical Practice Group SFGH/Comm Focus PGM and the Department of Public Health, for mental health services for the Infant Parent Program, to increase the agreement by $5,208,598 for an amount not to exceed $14,647,481; to extend the term by five years and six months, from December 31, 2022, for a total agreement term of July 1, 2018, through June 30, 2028; and to authorize the Department of Public Health 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) Resolution No. 298-23 ADOPTED by the following vote:

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

230599 [Accept and Expend Grant - Retroactive - Centers for Disease Control and Prevention - San Francisco Project INVEST - $9,818,147] Sponsors: Mayor; Safai Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $9,818,147 from the Centers for Disease Control and Prevention for participation in a program, entitled “San Francisco Project INVEST (INnovations that Value Equity and Strengthen Teams),” for the period of December 1, 2022, through November 30, 2027. (Public Health Department) Resolution No. 299-23 ADOPTED by the following vote:

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

230600 [Accept and Expend Grant - Retroactive - California Department of Public Health - Physicians for a Healthy California - COVID-19 Test to Treat Equity Grant - $500,000] Sponsors: Mayor; Safai Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $500,000 from the California Department of Public Health through the Physicians for a Healthy California for participation in a program, entitled “COVID-19 Test to Treat Equity Grant,” for the period of December 1, 2022, through June 30, 2023. (Public Health Department) Resolution No. 300-23 ADOPTED by the following vote:

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

230601 [Accept and Expend Grant - Retroactive - California Department of Public Health - Syphilis Outbreak Strategy (SOS) Grant - $2,668,251] Sponsors: Mayor; Mandelman and Safai Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $2,668,251 from the California Department of Public Health for participation in a program, entitled “Syphilis Outbreak Strategy (SOS) Grant,” for the period of July 1, 2022, through June 30, 2027. (Public Health Department) Resolution No. 301-23 ADOPTED by the following vote:

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

230642 [Proposed Interim Budget and Appropriation Ordinance for Departments - FYs 2023-2024 and 2024-2025] Sponsor: Mayor Proposed Interim Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of June 1, 2023, for the Fiscal Years (FYs) ending June 30, 2024, and June 30, 2025. (Supervisors Preston and Walton voted No on First Reading.) Supervisor Walton, seconded by Supervisor Preston, moved that this Ordinance be AMENDED to remove the Interim Exception for the three (3.0 FTE) District Attorney’s Office 8177 positions for the ongoing work and caseload around the abatement of open-air drug market and drug trafficking prosecutions. The motion FAILED by the following vote:

Ayes: Peskin, Preston, Ronen, Walton

Noes: Chan, Dorsey, Engardio, Mandelman, Melgar, Safai, Stefani

PASSED ON FIRST READING by the following vote:

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

Noes: Preston, Walton

230643 [Proposed Interim Annual Salary Ordinance - FYs 2023-2024 and 2024-2025] Sponsor: Mayor Proposed Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the Fiscal Years (FYs) ending June 30, 2024, and June 30, 2025, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations. (Supervisors Preston and Walton voted No on First Reading.) Supervisor Walton, seconded by Supervisor Preston, moved that this Ordinance be AMENDED to remove the Interim Exception for the three (3.0 FTE) District Attorney’s Office 8177 positions for the ongoing work and caseload around the abatement of open-air drug market and drug trafficking prosecutions. The motion FAILED by the following vote:

Ayes: Peskin, Preston, Ronen, Walton

Noes: Chan, Dorsey, Engardio, Mandelman, Melgar, Safai, Stefani

PASSED ON FIRST READING by the following vote:

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

Noes: Preston, Walton

rative certificates of appropriateness, and minor permits to alter for awnings, and Qualifying Scopes of Work, as may be delegated by the Historic Preservation Commission; 5) increase threshold for large projects subject to commercial to residential ratios in the C-3-O district, and provide alternatives to on-site open space in certain C-3 districts by allowing for payment of an in lieu fee as an alternative to providing open space; 6) facilitate residential adaptive reuse by amending the Building Code to add standards for adaptive reuse of non-residential buildings; and 7) principally permit formula retail and waive size limitations for such uses on a portion of Showplace Square Area (555-9th Street, Assessor’s Parcel Block No. 3781, Lot No. 003); 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. Supervisors Mandelman and Stefani 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

230696 [Final Map No. 11127 - 1580 Pacific Avenue] Motion approving Final Map No. 11127, a 53 Unit Residential and a 3 Unit Commercial, Mixed-Use Condominium Project, located at 1580 Pacific Avenue, being a subdivision of Assessor’s Parcel Block No. 0573, Lot No. 011; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M23-092 APPROVED The foregoing items were acted upon by the following vote:

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

230721 [Commending Nancy Wuerfel for Her Exemplary Advocacy] Sponsors: Peskin; Engardio, Melgar, Stefani, Safai and Dorsey Resolution commending Nancy Wuerfel for her exemplary advocacy and stewardship in promoting preservation and conservation efforts in the City and County of San Francisco, recognizing her significant contributions to historic preservation, environmental protection, and neighborhood-based planning, and expressing gratitude for her dedicated service to the citizens of San Francisco. Supervisors Engardio, Melgar, Stefani, Safai, and Dorsey requested to be added as co-sponsors. Resolution No. 335-23 ADOPTED by the following vote:

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