Board of Supervisors Minutes: March 26, 2024

231079 [Planning Code - Density Controls in Three Historic Districts] Sponsor: Peskin Ordinance amending the Planning Code to modify density limits in the Northeast Waterfront Historic District, the Jackson Square Historic District, and the Jackson Square Historic District Extension, except for projects in those areas using the Commercial to Residential Adaptive Reuse Program; affirming the Planning Commission’s determination under the California Environmental Quality Act; making public necessity, convenience, and welfare findings under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Supervisors Dorsey, Engardio, and Melgar voted No on Final Passage.) OVERTURN MAYORAL VETO by the following vote:

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

Noes: Dorsey, Engardio, Melgar

231274 [Development Agreement Amendment - California Barrel Company, LLC - Potrero Power Station] Sponsors: Walton; Mandelman, Melgar and Safai Ordinance amending a Development Agreement between the City and County of San Francisco and California Barrel Company, LLC, a Delaware limited liability company, for the Potrero Power Station project, to allow for the establishment of San Francisco Enhanced Financing District No. 1 (Power Station); making findings under the California Environmental Quality Act; and making findings of conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b). Ordinance No. 067-24 FINALLY PASSED by the following vote:

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

231006 [Planning Code, Zoning Map - 900 Kearny Street Special Use District] Sponsor: Peskin Ordinance amending the Planning Code and Zoning Map to create the 900 Kearny Street 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 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. Ordinance No. 060-24 FINALLY PASSED by the following vote:

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

240070 [Planning Code - Exceptions and Extensions for Existing Uses] Ordinance amending the Planning Code to modify offset requirement for heights exceeding 30 feet in the Bernal Heights Special Use District; permit large movie theater signage in the Japantown Neighborhood Commercial District; allow Medical Cannabis Dispensaries to continue operating as Temporary Cannabis Retail Uses until December 31, 2024; clarify eligibility for reduction in Inclusionary Housing requirements; and correct an error in the Zoning Control Table for the Urban Mixed 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. (Planning Department) Ordinance No. 068-24 FINALLY PASSED by the following vote:

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

231226 [Administrative Code - Homeward Bound Program for Individuals Experiencing or Formerly Experienced Homelessness] Sponsors: Safai; Chan Ordinance amending the Administrative Code to establish a permanent Homeward Bound Program administered by the Human Services Agency and the Department of Homelessness and Supportive Housing for individuals experiencing homelessness, at risk of experiencing homelessness, or who have formerly experienced homelessness, such as individuals residing in permanent supportive housing, to receive paid travel and relocation support to a destination where the individual has someone to receive them. Ordinance No. 069-24 FINALLY PASSED by the following vote:

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

240125 [Appropriation - Ambulance Service Revenue - Fire Department - $4,770,707 and De-Appropriation and Appropriation - Various Departments $84,988,592 - FY2023-2024] Sponsor: Mayor Ordinance appropriating $4,770,707 in Ambulance Service Revenue in the Fire Department, de-appropriating $84,988,592 from permanent salaries, mandatory fringe benefits, and programmatic projects, and appropriating $89,759,299 to overtime in the Department of Emergency Management, Fire Department, San Francisco Public Utilities Commission, Sheriff’s Department, and Police 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 for approval of the Fire Department’s appropriation of $14,509,676 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.) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

240126 [Business and Tax Regulations Code - Extending Waiver of Permit, License, and Business Registration Fees for Certain Small Businesses] Sponsors: Mayor; Ronen, Engardio, Mandelman, Stefani and Preston Ordinance amending the Business and Tax Regulations Code to extend through June 30, 2025, the waiver of certain first-year permit, license, and business registration fees for specified small businesses that newly form or that open a new location. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

240112 [Administrative Code - Assessor-Recorder Fees] Sponsor: Peskin Ordinance amending the Administrative Code to revise the fees for copies of certain documents in and services provided by the Office of the Assessor-Recorder. PASSED ON FIRST READING by the following vote:

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

240134 [Accept and Expend Grant - Retroactive - San Francisco Public Defender’s Office - CARE Court Fund - $524,765] Sponsors: Mandelman; Melgar Resolution retroactively authorizing the San Francisco Public Defender’s Office to accept and expend a grant in the amount of $524,765 pursuant to Senate Bill No. 101 (SB 101), allocating $20,400,000 (Community Assistance, Recovery, and Empowerment (CARE) Court Fund), as amended in 2023 by Senate Bill No. 104 (SB 104), to be distributed by the Judicial Council of California through the State Bar via grant awards to qualified legal services providers and public defender offices to provide representation in CARE Act proceedings, matters related to CARE agreements, and CARE plans for the period of August 1, 2023, through June 30, 2024. Resolution No. 134-24 ADOPTED by the following vote:

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

240166 [Sharing Agreement - Emergency Radio Communications Site - Department of Veterans Affairs, Medical Center, 4150 Clement Street - $117,648 Initial Base Rent] Resolution approving and authorizing the Director of Property, on behalf of the City’s Department of Emergency Management and the Department of Technology, to execute a Sharing Agreement for the continued use of emergency radio telecommunications and associated equipment, with the Department of Veterans Affairs - Medical Center San Francisco at a base rent of $117,648 per year with 3% annual rent increases commencing June 1, 2024, through May 31, 2029, for an initial term of five years with three five-year options to extend; and authorizing the Director of Property to execute any amendments, options to extend to the agreement term, make certain modifications and take certain actions that do not materially increase the obligations or liabilities to the City, do not materially decrease the benefits to the City and are necessary or advisable to effectuate the purposes of the Sharing Agreement or this Resolution. (Department of Technology) Resolution No. 135-24 ADOPTED by the following vote:

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

240205 [Loan Agreement - 936 Geary LP - 936-940 Geary Street - Small Sites Program - Up to $11,600,000] Sponsor: Mayor Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development (“MOHCD”) to execute documents relating to a loan for the permanent financing of 936 Geary LP for property located at 936-940 Geary Street, pursuant to the Small Sites Program and the Preservation and Seismic Safety Program, for a total loan amount not to exceed $11,600,000; confirming the Planning Department’s determination under the California Environmental Quality Act; finding that the Project loan is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of MOHCD or their designee to make certain modifications to such loan documents, and take certain actions in furtherance of this Resolution, as defined herein. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 136-24 ADOPTED by the following vote:

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

240204 [Amendment to Disposition and Development Agreement - FC Pier 70, LLC - Pier 70] Sponsors: Mayor; Walton Resolution approving a second amendment to the Disposition and Development Agreement between the Port and FC Pier 70, LLC for the Pier 70 28-Acre Site Project; authorizing the Executive Director of the Port to enter amendments or modifications to the second amendment that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Resolution; and adopting findings under the California Environmental Quality Act. (Port) Resolution No. 137-24 ADOPTED by the following vote:

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

land Streets; dedicating this infrastructure to public use; designating this public infrastructure for street and roadway purposes, as applicable; accepting the public infrastructure for City maintenance and liability purposes, subject to specified limitations; establishing official public right-of-way widths and street grades; amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks,” to establish official sidewalk width on 20th, 21st, 22nd, Louisiana, and Maryland Streets; accepting a Public Works Order recommending various actions in regard to the public infrastructure improvements; delegating limited authority to the Public Works Director to accept specified infrastructure; amending the Public Works Code to assign responsibility for sidewalk maintenance and liability from the Port of San Francisco to its long-term lessees in the Pier 70 Special Use District; authorizing official acts, as defined, in connection with this Ordinance; adopting findings 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. PASSED ON FIRST READING by the following vote:

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

240203 [Master Encroachment Permit - Pier 70] Sponsors: Mayor; Walton Resolution granting revocable permission to the Port of San Francisco to maintain encroachments in the public right-of-way, including but not limited to custom paving materials, bicycle racks, and a historic building frame structure; delegating authority to the Public Works Director, in consultation with the Port of San Francisco, to assign responsibility for sidewalk maintenance and liability to various entities; granting revocable permission to FC Pier 70, LLC to maintain an excess conduit in the public right-of-way within the Pier 70 Project, Phase 1; adopting environmental 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 to authorize the Director of Public Works to enter into amendments or modifications to the Permit and associated Agreements that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Permit and associated Agreements or this Resolution. Resolution No. 138-24 ADOPTED by the following vote:

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

240135 [Commemorative Street Name Designation - “Sean Monterrosa Boulevard” - Park Street at the Intersection of Holly Park Circle] Sponsors: Ronen; Preston, Walton, Melgar and Mandelman Resolution adding the Commemorative Street Name “Sean Monterrosa Boulevard” to Park Street, at the intersection of Holly Park Circle, in recognition of Sean Monterrosa’s contribution and legacy to San Francisco as a local figure. Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 139-24 ADOPTED by the following vote:

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

240184 [Mayoral Appointment, Entertainment Commission - Lieutenant Leonard Poggio] Motion approving the Mayor’s nomination of Lieutenant Leonard Poggio to the Entertainment Commission, term ending July 1, 2026. (Clerk of the Board) (Charter, Section 4.117, provides that this nomination is subject to approval by the Board of Supervisors 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, then the nominee shall be deemed approved. Transmittal date: February 28, 2024.) Motion No. M24-026 APPROVED by the following vote:

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

240129 [Temporary Shelter and Homeless Services - Behested Payment Waiver] Sponsors: Mayor; Ronen, Mandelman and Engardio Resolution authorizing the Office of the Mayor and the Department of Homelessness and Supportive Housing to solicit donations from various private entities and organizations to support the expansion of temporary shelter and other homeless services to support people experiencing homelessness, notwithstanding the Behested Payment Ordinance. Resolution No. 125-24 ADOPTED by the following vote:

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

Absent: Melgar

231225 [Planning Code - Tobacco Paraphernalia Establishments in North of Market SUD and Lower Polk Street NCD] Sponsors: Preston; Peskin Ordinance amending the Planning Code to prohibit in the North of Market Special Use District (SUD) and Lower Polk Street Neighborhood Commercial District (NCD) Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or marketed, and to establish that after 180 days of non-use a legal non-conforming Tobacco Paraphernalia Establishment in the SUD or NCD will be deemed abandoned, preventing its restoration; and 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. PASSED ON FIRST READING by the following vote:

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

Absent: Melgar

240259 [Final Map No. 11237 - 3357-26th Street] Motion approving Final Map No. 11237, an eight residential unit and one commercial unit mixed-use condominium project, located at 3357-26th Street, being a subdivision of Assessor’s Parcel Block No. 6570, Lot No. 002; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M24-027 APPROVED City and County of San Francisco Page 238 Printed at 6:52 pm on 4/26/24 Board of Supervisors Meeting Minutes 3/26/2024 The foregoing items were acted upon by the following vote:

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

240238 [Board Policy Prioritizing Municipal Affairs] Sponsors: Engardio; Peskin, Melgar and Dorsey Resolution setting forth an official Board of Supervisors policy to prioritize Municipal affairs and issues that most directly impact and affect the City and County of San Francisco in the conduct of Board business. Supervisor Engardio, seconded by Supervisor Walton, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 3-4, by changing ‘Municipal’ to ‘municipal’, Lines 10-12, by adding ‘WHEREAS, The Board does not have jurisdiction over other elected bodies, like the Board of Education, San Francisco Community College District Board of Trustees, and the Bay Area Rapid Transit District Board of Supervisors; and’, and Line 24, by changing ‘Member’ to ‘member’; and on Page 2, Lines 6-7, by adding ‘WHEREAS, The Board should avoid putting on the ballot non-binding measures where other elected bodies have decision-making jurisdiction; and’. The motion carried by the following vote:

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

Resolution setting forth an official Board of Supervisors policy to prioritize municipal affairs and issues that most directly impact and affect the City and County of San Francisco in the conduct of Board business. Resolution No. 145-24 ADOPTED AS AMENDED by the following vote:

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

Noes: Ronen

240271 [Jerald Shapiro Social Work Day - March 28, 2024] Sponsor: Melgar Resolution recognizing Jerald Shapiro for his commendable career at San Francisco State University; and declaring March 28, 2024, to be “Jerald Shapiro Social Work Day” in the City and County of San Francisco. Resolution No. 146-24 ADOPTED by the following vote:

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

240274 [Calling for Full-Service Grocery Store in the Tenderloin] Sponsors: Preston; Peskin, Chan, Walton, Ronen, Safai and Dorsey Resolution calling for a full-service grocery store in the Tenderloin and urging the Human Services Agency, Office of Economic and Workforce Development, and Planning Department to provide report on all efforts to bring a full service grocery store to the Tenderloin, all potential sites for a grocery store in the Tenderloin, and any current efforts or plans for a grocery store to the Tenderloin. Supervisors Peskin, Chan, Walton, Ronen, Safai, and Dorsey requested to be added as co-sponsors. Resolution No. 147-24 ADOPTED by the following vote:

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