Board of Supervisors Minutes: November 14, 2023

230962 [Waiver of Municipal Code Provisions - City of Phoenix - Phoenix Sky Harbor International Airport - Used Compressed Natural Gas Transit Buses - Not to Exceed $350,000] Ordinance waiving competitive bidding requirements in the Administrative Code, and all other requirements in the Administrative Code, Environment Code, or other parts of the Municipal Code as applied to a commodities purchase, to authorize the Airport Commission to procure up to 14 used compressed natural gas transit buses from the City of Phoenix, which owns and operates Phoenix Sky Harbor International Airport, for an amount not to exceed $350,000; and authorizing the Airport Director to negotiate the terms of the agreement consistent with the not to exceed amount. (Airport Commission) (Fiscal Impact) Ordinance No. 235-23 FINALLY PASSED by the following vote:

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

affordable housing, including workforce housing and senior housing, for households ranging from extremely low-income to moderate-income households; and related costs necessary or convenient for the foregoing purposes; authorizing landlords to pass-through 50% of the resulting property tax increase, if any, to residential tenants under Administrative Code Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such Bonds; incorporating the provisions of the Administrative Code relating to the Citizens’ General Obligation Bond Oversight Committee’s review of Affordable Housing Bond expenditures; setting certain procedures and requirements for the election; affirming a determination under the California Environmental Quality Act; and finding that the proposed Bond is consistent with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Ordinance.) (Fiscal Impact) Ordinance No. 231-23 FINALLY PASSED by the following vote:

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

230980 [Administrative Code - Reproduction and Notary Fees - Department of Administrative Services] Ordinance amending the Administrative Code to increase the fees imposed by the Department of Administrative Services for reproduction and notary services provided to the public, and authorizing the Controller to make future adjustments to ensure that costs of providing the services are recovered without producing revenue which is significantly more than such costs. (City Administrator) Ordinance No. 237-23 FINALLY PASSED by the following vote:

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

istrict 7 Projects and Services - Various Departments - $527,000 - FY2023-2024] Sponsor: Melgar Ordinance de-appropriating $377,000 from General City Responsibility and $150,000 from Municipal Transportation Agency (MTA); and re-appropriating $100,000 to the Arts Commission (ART) for mural artwork, $98,000 to Children, Youth and Their Families (CHF) for playground upgrades, youth nutrition education, and food security; $25,000 to the Department of Emergency Services (DEM) for emergency preparedness training and capacity building; $49,000 to the Department of Public Works (DPW) for irrigation system, outdoor seating area, and trees and plants in three locations; $50,000 to the Department of Economic and Community Development (ECN) for small business rainy day funds; $25,000 to the Recreation and Park Department (REC) for removal of storm damage and hazardous trees from Mount Sutro; $30,000 to the Police Department (POL) for cameras in the Inner Sunset; and $150,000 to the Municipal Transportation Agency (MTA) for community space design, traffic calming, and traffic safety at three locations in Fiscal Year (FY) FY2023-24. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

230866 [Health Code - Regulating Medical Specimen Test Collection Sites] Sponsors: Preston; Ronen and Dorsey Ordinance amending the Health Code to require that sites that collect medical specimens on behalf of clinical laboratories partner with either a governmental entity, a licensed health care provider located in the City, or an educational or academic institution, establish hygiene, sanitation, and privacy standards, and adhere to the Health Insurance Portability and Accountability Act; and providing that a violation of the specimen collection standards is a public health nuisance subject to an administrative penalty that may be imposed by the Department of Public Health. Ordinance No. 236-23 FINALLY PASSED by the following vote:

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

230999 [Real Property Lease Amendment - Retroactive - 716 Sacramento LLC and DLS Sacramento LLC - 716-720 Sacramento Street - $370,000 Annual Base Rent] Resolution retroactively approving and authorizing the Director of Property, on behalf of the Department of Public Health, to execute a Fourth Amendment to a Lease of real property located at 716-720 Sacramento Street, with 716 Sacramento LLC (73.4%) and DLS Sacramento LLC (26.6%), at a base rent of $370,000 per year with 3% annual increases, for an initial term commencing July 1, 2023, with a total term of December 1, 1996, through June 30, 2026, with two one-year options to extend; and to authorize the Director or Property to enter into any extensions, amendments, or modifications to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Lease or this Resolution. (Public Health Department) (Fiscal Impact) Resolution No. 541-23 ADOPTED by the following vote:

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

231000 [Lease of Property - J.D. Harney, Inc., et al. - 2205 Jennings Street - Annual Base Rent of $264,000] Resolution authorizing and approving the lease of a portion of the real property located at 2205 Jennings Street with J.D. Harney, Inc., a California corporation, John Daniel Harney and Bernadette Patricia Harney, Co-Trustees or Successor Trustee of the John Daniel Harney and Bernadette Patricia Harney Revocable Living Trust Under Agreement dated August 13, 1987, as Community Property, and MM1495Wall LP, a California Limited partnership, for an initial three-year term at an annual base rent of $264,000 (or the monthly amount of $22,000); plus 3% annual increases to base rent; plus one five-year extension option to further extend the term of the Lease; the Lease will be effective upon approval of this Resolution; and to authorize the Director of Property to enter into amendments or modifications to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Lease or this Resolution. (Real Estate Department) (Fiscal Impact) Resolution No. 542-23 ADOPTED by the following vote:

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

231035 [Real Property Lease - Gough Club, LLC - 42 Gough Street - $44,472 Initial Base Rent] Resolution authorizing and approving the lease of real property located at 42 Gough Street, with Gough Club, LLC, a California limited liability corporation, for a three year term at an initial base rent of $44,472 per year with annual rent increases based on the Consumer Price Index of 3% to 5%, with one option to extend for one-year, effective upon approval of this Resolution; authorizing the Director of Property to enter into any additions, amendments, or other modifications to the Lease that do not materially increase the obligations or liabilities of the City to effectuate the purposes of the Lease or this Resolution. (Human Services Agency) Resolution No. 544-23 ADOPTED by the following vote:

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

231012 [Accept and Expend Grant - Retroactive - U.S. Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Permanent Supportive Housing Renewal - FY2023-2026 - $1,510,695] Sponsors: Mayor; Engardio, Dorsey, Mandelman and Preston Resolution retroactively approving the Fiscal Year (FY) 2022 Housing Opportunities for Persons with AIDS (HOPWA) Permanent Supportive Housing Renewal Grant; and authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s FY 2022 HOPWA Permanent Supportive Housing Renewal Grant from the U.S. Department of Housing and Urban Development in the amount of $1,510,695 for the period of June 1, 2023, through May 31, 2026. (Mayor’s Office of Housing and Community Development) Supervisor Preston requested to be added as a co-sponsor. Resolution No. 543-23 ADOPTED by the following vote:

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

231059 [Contract Amendment - Retroactive - Bar None Auction - Auction Services - $2,900,000 Anticipated Revenue] Resolution retroactively authorizing the Office of Contract Administration to execute a third amendment (Modification 3) to Contract 1000024326 with Bar None Auction for as-needed auction services; extending the duration by one year from October 1, 2023, for a total contract duration of five years from October 1, 2019, through September 30, 2024, with an increase in anticipated revenue of $800,000 for a total anticipated revenue amount of $2,900,000. (Office of Contract Administration) Resolution No. 545-23 ADOPTED by the following vote:

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

231062 [Participation Agreement - Retroactive - California Department of Health Care Services - County-Based Medi-Cal Administrative Activities - Anticipated Revenue to the City of $1,000,000 or More] Resolution retroactively authorizing the Department of Public Health to enter into a Participation Agreement for County-based Medi-Cal Administrative Activities effective July 1, 2019, that will remain in full force and effect until terminated by either the Department of Public Health or the California Department of Health Care Services, with anticipated revenue to the City of $1,000,000 or more; and to authorize the Department of Public Health 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. 530-23 ADOPTED by the following vote:

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

231084 [Accept and Expend Grant - Retroactive - United States Department of Energy - Decarbonizing Deliveries in San Francisco - $605,620] Sponsors: Mayor; Mandelman and Preston Resolution retroactively authorizing the Department of the Environment (“Environment Department”) to accept and expend a grant of $605,620 for a term of three years from September 12, 2023, through September 11, 2026, from the United States Department of Energy’s Vehicle Technologies Office to expand an electric bicycle pilot for delivery workers; and to authorize the Director of the Environment Department to enter into and execute the Grant Agreement and amendments thereto, and to execute the contracts between the City and various agencies consistent with the aforementioned proposal and necessary to carry out the purpose of the grant or this Resolution. (Fiscal Impact) Supervisor Preston requested to be added as a co-sponsor. Resolution No. 546-23 ADOPTED by the following vote:

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

231085 [Affirming Compliance with State Housing Laws] Sponsor: Mayor Resolution affirming San Francisco’s compliance with certain state housing laws in support of the Municipal Transportation Agency’s application for funding by the Metropolitan Transportation Commission’s One Bay Area Grant Program (OBAG 3). Supervisor Preston, seconded by Supervisor Chan, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 10-12, by changing ‘will unlikely underproduce’ to ‘absent the commitment of additional funding from local, regional, state and/or federal sources, the Bay Area is at risk of underproducing’. The motion carried by the following vote:

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

City and County of San Francisco Page 997 Printed at 5:19 pm on 4/26/24 Board of Supervisors Meeting Minutes 11/14/2023 Resolution No. 547-23 ADOPTED AS AMENDED by the following vote:

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

231117 [Authorizing Expenditures - SoMa Community Stabilization Fund - $99,000] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the amount of $99,000 to engage a consultant team in developing a new five-year strategic plan to address various impacts of destabilization on residents and businesses in SoMa for a term to commence effective upon approval of this Resolution through November 30, 2025. (Mayor’s Office of Housing and Community Development) Resolution No. 548-23 ADOPTED by the following vote:

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

230873 [Memorandum of Understanding - Friends and Foundation of the San Francisco Public Library] Sponsor: Mayor Resolution approving the Memorandum of Understanding (MOU) between the Friends and Foundation of the San Francisco Public Library and the San Francisco Public Library to establish roles and responsibilities of each party for purposes of fundraising, enhancing operations, and capital projects for a term of 10 years effective upon approval of this Resolution; and to authorize the San Francisco Public Library to enter into amendments or modifications of the MOU 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 MOU or this Resolution. (Public Library) Resolution No. 540-23 ADOPTED by the following vote:

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

230895 [Administrative Code - Approval of Airport Surveillance Technology Policies] Ordinance approving Airport Surveillance Technology Policies governing the use of 1) application-based commercial transport technology, 2) electronic toll readers, and 3) detection systems for gunshots and other noises. (Airport Commission) PASSED ON FIRST READING by the following vote:

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

231040 [Mayoral Appointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Kent Lim] Motion approving the Mayor’s nomination for appointment of Kent Lim, term ending November 3, 2026, to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure). (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 a 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: October 10, 2023) Motion No. M23-135 APPROVED by the following vote:

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

e minimum amount necessary to implement a police staffing fund: 1) set the Minimum Staffing Number for five fiscal years beginning with 1,700 full-duty sworn officers in year one, with increases each year such that by the fifth fiscal year, the Minimum Staffing Number shall be 2,074; 2) require for a period of five years that the Mayor and Board of Supervisors appropriate funds to pay for at least the number of sworn officers as of February 1 of the prior fiscal year; 3) establish a Police Full Staffing Fund (“Fund”) for a period of five fiscal years to facilitate minimum police staffing; 4) require that $16.8 million be appropriated into the Fund in the first year, and varying amounts in years two through five, calculated based on staffing shortages, but allowing for a temporary freeze of appropriations to the Fund after the first year in a budgetary or economic emergency; at an election to be held on March 5, 2024. (Supervisor Dorsey dissented in Committee.) Although it was not required, Supervisor Safai, seconded by Supervisor Walton, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of November 28, 2023. The motion carried by the following vote:

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

231178 [Modifying Time for Submission of Charter Amendment - Rules 2.22.7 and 2.22.8] Sponsor: Safai Motion modifying the amount of time required under Rule 2.22.7 between the first appearance on the Board’s agenda and the order of submission to the electorate for the Charter Amendment to provide that the Mayor may disapprove in writing certain San Francisco Municipal Transportation Agency (SFMTA) proposals that must be part of SFMTA’s proposed budget or budget amendment; proposals subject to disapproval are increases in fares and parking meter maximum rates, and net expansion of hours or days of parking meter operation; at an election to be held on March 5, 2024 (File No. 230986). Motion No. M23-138 APPROVED by the following vote:

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

Noes: Dorsey, Engardio, Mandelman, Melgar, Stefani

230986 [Charter Amendment - Mayoral Authority to Disapprove Certain SFMTA Budget Proposals] Sponsors: Safai; Peskin and Ronen Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to provide that the Mayor may disapprove in writing certain San Francisco Municipal Transportation Agency (SFMTA) proposals that must be part of SFMTA’s proposed budget or budget amendment; proposals subject to disapproval are increases in fares and parking meter maximum rates, and net expansion of hours or days of parking meter operation; at an election to be held on March 5, 2024. (Supervisor Dorsey dissented in committee.) CONTINUED to the Board of Supervisors Special Meeting of November 20, 2023. The motion carried by the following vote:

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

230924 [Planning Code, Zoning Map - Non-Profit Arts Education Special Use District] Sponsor: Peskin Ordinance amending the Planning Code to create the Non-Profit Arts Education Special Use District (Assessor’s Parcel Block No. 49, Lot No. 1, generally bounded by Francisco Street, Jones Street, Chestnut Street, and Leavenworth Street, and numbered as 800 Chestnut Street); amending the Zoning Map to show the Non-Profit Arts Education Special Use 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; 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, Walton

231019 [Declaration of Policy - Eighth Grade Algebra and SFUSD Math Curriculum Development] Sponsors: Engardio; Safai, Melgar, Stefani and Dorsey Motion ordering submitted to the voters at an election to be held on March 5, 2024, a Declaration of Policy urging the San Francisco Unified School District (SFUSD) to offer Algebra 1 to students by the eighth grade, and supporting the SFUSD in its efforts to develop its math curriculum for students at all grade levels. Motion No. M23-136 APPROVED by the following vote:

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

Noes: Walton

231041 [Appointments, Ballot Simplification Committee - Christine Unruh, Betty Packard, and Ruth Grace Wong] Motion appointing Christine Unruh, Betty Packard, and Ruth Grace Wong, terms ending November 30, 2024, to the Ballot Simplification Committee. (Rules Committee) Motion No. M23-137 APPROVED by the following vote:

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

Absent: Mandelman

231156 [Final Map No.11095 - 1776 Green Street] Motion approving Final Map No. 11095, a five-unit new residential condominium project, located at 1776 Green Street, being a subdivision of Assessor’s Parcel Block No. 0544, Lot No. 006; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M23-139 APPROVED by the following vote:

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

Excused: Stefani, Walton