Board of Supervisors Minutes: April 16, 2024

240226 [Administrative Code Waivers - SFMTA Contract for Automated Speed Enforcement System - Design-Build-Operate-Maintain Delivery Model] Sponsors: Mayor; Peskin, Melgar, Dorsey, Ronen, Safai, Mandelman and Chan Ordinance waiving certain contracting requirements under Chapters 6 and 21 of the Administrative Code and authorizing the San Francisco Municipal Transportation Agency (SFMTA) to procure design, construction, operation, maintenance, and related services to implement an automated speed enforcement system utilizing a design-build-operate-maintain delivery model, but requiring payment of prevailing wages, and permitting a best-value selection of the contractor. (Municipal Transportation Agency) Ordinance No. 074-24 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

ury Lease - Modify and Extend a Reduced Percentage Rent Structure to December 31, 2026 - Establish a Temporarily Reduced Minimum Annual Guarantee - $30,000,000] Resolution approving Amendment No. 4 to the International Terminal Duty Free and Luxury Store Lease No. 17-0303 between DFS Group, L.P. and the City and County of San Francisco, acting by and through its Airport Commission, which continues the temporary reduced Percentage Rent structure, but increases the percentage amount to 36% of gross revenues, commencing with Lease Year 5 (2024) and continuing through Lease Year 7 (2026), and establishing a temporarily reduced Minimum Annual Guarantee of $30,000,000 for Lease Year 5, adjusting annually in accordance with the Lease through Lease Year 7, with the original Base Rent structure recommencing in Lease Year 8 (2027), with each such rent accommodation being conditioned upon Tenant’s timely completion of the construction of its remaining facilities in Harvey Milk Terminal 1 no later than December 31, 2024, with no change to the 14-year term, to be effective upon approval of this Resolution. (Airport Commission) (Fiscal Impact) Resolution No. 180-24 ADOPTED by the following vote:

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

Noes: None

240190 [Agreement Amendment - Santa Clara Valley Water District - Long-Term Operation and Maintenance of Intertie Facility] Resolution approving the Second Amendment to the Agreement between the San Francisco Public Utilities Commission (SFPUC) and Santa Clara Valley Water District (District) for long-term operation and maintenance of the Intertie Facility located in Milpitas pursuant to Charter, Section 9.118, to re-designate the District as the Operation and Maintenance (O&M) Party of the Intertie Facility from July 1, 2024, through June 30, 2029, with the SFPUC and the District meeting and conferring before the end of the five-year period to determine, by mutual written agreement, which of them shall be the O&M Party beyond June 30, 2029. (Public Utilities Commission) Resolution No. 181-24 ADOPTED by the following vote:

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

Noes: None

240264 [Authorizing Expenditures - SoMa Community Stabilization Fund - $890,000] Sponsors: Mayor; Dorsey Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the amount of up to $890,000 to address various impacts of destabilization on residents and businesses in SoMa from July 1, 2024, through June 30, 2025. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 182-24 ADOPTED by the following vote:

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

Noes: None

240266 [Accept and Expend Grant - Retroactive - Governor’s Office of Business and Economic Development - Union Square Park Revitalization - $2,000,000] Sponsor: Mayor Resolution retroactively authorizing the Recreation and Park Department to accept and expend a $2,000,000 Grant from the Governor’s Office of Business and Economic Development for the Union Square Park Revitalization for the period of January 1, 2024, through December 31, 2026; to enter into a Grant Contract with the Governor’s Office of Business and Economic Development; and to authorize the General Manager of the Recreation and Park Department to enter into any modifications and amendments to the Grant Contract that do not materially increase the obligations or liabilities of the City. (Recreation and Park Department) Resolution No. 178-24 ADOPTED by the following vote:

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

Noes: None

240267 [Accept and Expend Grant - Retroactive - California Department of Justice - Tobacco Grant Award Notification Fiscal Year 2023-24 - $2,888,144] Sponsors: Mayor; Dorsey, Walton, Melgar and Mandelman Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $2,888,144 from the California Department of Justice for participation in a program, entitled “Tobacco Grant Award Notification Fiscal Year 2023-24,” for the period of January 1, 2024, through June 30, 2026. Resolution No. 183-24 ADOPTED by the following vote:

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

Noes: None

240268 [Accept and Expend Grant - Retroactive - San Francisco General Hospital Foundation - Transform Mental and Behavioral Health - $909,095] Sponsors: Mayor; Mandelman and Ronen Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $909,095 from the San Francisco General Hospital Foundation for participation in a program, entitled “Transform Mental and Behavioral Health,” for the period of September 30, 2023, through September 29, 2028. (Public Health Department) Resolution No. 179-24 ADOPTED by the following vote:

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

Noes: None

240262 [Administrative Code - Community Opportunity to Purchase Act] Sponsors: Peskin; Preston, Chan and Ronen Ordinance amending the Administrative Code to require owners of multifamily residential buildings to provide notice to the Mayor’s Office of Housing and Community Development and qualified nonprofit organizations of foreclosure proceedings related to said multifamily residential buildings; and add a deed in lieu of foreclosure in the definition of a “Sale of a Multi-Family Residential Building” as a type of transfer that requires notice to qualified nonprofit organizations, right of first offer, and right of first refusal for a multifamily residential building under the Community Opportunity to Purchase Act. Supervisor Ronen 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

Noes: None

230578 [Noe Valley Community Benefit District - Annual Report - FY2021-2022] Sponsor: Mandelman Resolution receiving and approving an annual report for the Noe Valley Community Benefit District for Fiscal Year (FY) 2021-2022, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 184-24 ADOPTED by the following vote:

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

Noes: None

230579 [Castro Community Benefit District - Annual Report - FY2021-2022] Sponsor: Mandelman Resolution receiving and approving an annual report for the Castro Community Benefit District for Fiscal Year (FY) 2021-2022, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s Management Agreement with the City, Section 3.4. Resolution No. 185-24 ADOPTED by the following vote:

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

Noes: None

231279 [Discover Polk Community Benefit District - Annual Report - FY2021-2022] Sponsor: Peskin Resolution receiving and approving an annual report for the Discover Polk Community Benefit District for Fiscal Year (FY) 2021-2022, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 186-24 ADOPTED by the following vote:

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

Noes: None

240211 [Umbrella Memorandum of Understanding - SFPUC - SFUSD - Installation, Operation and Maintenance of Green Infrastructure] Sponsors: Melgar; Mandelman Resolution approving the Umbrella Memorandum of Understanding between the San Francisco Public Utilities Commission (SFPUC) and the San Francisco Unified School District (SFUSD), and establishing a partnership framework for SFPUC’s installation and operation of various green infrastructure projects on SFUSD properties, with a total term of 40 years from June 1, 2024, through June 30, 2064, pursuant to Charter, Section 9.118. Resolution No. 187-24 ADOPTED by the following vote:

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

Noes: None

240269 [Authorizing the Mayor’s Office of Housing and Community Development to Apply for The Prohousing Designation Program] Sponsor: Mayor Resolution authorizing the City and County of San Francisco, acting by and through the Mayor’s Office of Housing and Community Development (MOHCD), to submit an application to and participate in the Prohousing Designation Program administered by the California Department of Housing and Community Development. (Mayor’s Office of Housing and Community Development) Resolution No. 188-24 ADOPTED by the following vote:

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

Noes: None

240185 [Liquor License Issuance - 325 Leavenworth Street - Kim Huong Cafe] Resolution determining that the issuance of a Type-40 on-sale beer liquor license to Tyrone Yaer Pang, to do business as Kim Huong Cafe, located at 325 Leavenworth Street (District 5), 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. 189-24 ADOPTED by the following vote:

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

Noes: None

240186 [Liquor License Issuance - 1538 Fillmore Street - Origin Boutique Nightclub] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to Fillmore Entertainment Group, LLC, to do business as Origin Boutique Nightclub located at 1538 Fillmore Street (District 5), 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. 190-24 ADOPTED by the following vote:

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

Noes: None

231192 [Administrative Code - Shared Space at 1429 Mendell Street Parklet] Sponsor: Walton Ordinance waiving specified requirements in the Administrative Code to allow a food service shared space located at 1429 Mendell Street to be considered as a curbside shared space, subject to certain requirements; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Noes: None

240187 [Mayoral Reappointment, Municipal Transportation Agency Board of Directors - Janet Tarlov] Motion approving the Mayor's nomination for reappointment of Janet Tarlov to the Municipal Transportation Agency Board of Directors, term ending March 1, 2028. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: February 29, 2024.) Motion No. M24-034 APPROVED by the following vote:

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

Noes: None

240188 [Mayoral Reappointment, Municipal Transportation Agency Board of Directors - Fiona Hinze] Motion approving the Mayor's nomination for reappointment of Fiona Hinze to the Municipal Transportation Agency Board of Directors, term ending March 1, 2028. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: February 29, 2024.) Motion No. M24-035 APPROVED by the following vote:

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

Noes: None

240215 [Appointment, Treasury Oversight Committee - Kevin Kone] Motion approving the Treasurer’s nomination of Kevin Kone (residency requirement waived), term ending June 17, 2026, to the Treasury Oversight Committee. (Clerk of the Board) Motion No. M24-036 APPROVED by the following vote:

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

Noes: None

240351 [Presidential Appointment, Park, Recreation, and Open Space Advisory Committee - Eric Randall] Motion appointing Eric Randall, term ending September 1, 2025, to the Park, Recreation, and Open Space Advisory Committee. (Clerk of the Board) Motion No. M24-040 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

240345 [Supporting California State Senate Bill No. 1012 (Wiener) - To Allow Supervised Therapeutic Use of Psychedelics] Sponsors: Mandelman; Ronen and Melgar Resolution supporting California State Senate Bill No. 1012, introduced by Senator Scott Wiener, the Regulated Psychedelic-Assisted Therapy Act and the Regulated Psychedelic Substances Control Act. Supervisor Mandelman, seconded by Supervisor Ronen, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 23, 2024. The motion carried by the following vote:

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

Noes: None

240346 [Supporting California State Senate Bill No. 1031 (Wiener, Wahab) - The Connect Bay Area Act] Sponsors: Mandelman; Ronen, Melgar, Engardio, Safai and Dorsey Resolution supporting California State Senate Bill No. 1031, introduced by Senators Scott Wiener and Aisha Wahab, to authorize a Bay Area transit funding ballot measure as early as November 2026 and to provide for an assessment of the benefits of consolidation of Bay Area transit agencies and integration of Bay Area transit systems. Supervisor Safai requested to be added as a co-sponsor. Supervisor Mandelman, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 23, 2024. The motion carried by the following vote:

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

Noes: None

240356 [Supporting California State Assembly Bill No. 886 (Wicks) - California Journalism Preservation Act] Sponsors: Peskin; Chan, Ronen and Safai Resolution supporting California State Assembly Bill No. 886, the California Journalism Preservation Act, authored by Assembly Member Buffy Wicks, requiring social media companies to remit a journalism usage fee to each eligible digital news publisher, equal to a percentage of the social media company’s advertising revenue. Supervisors Chan, Ronen, and Safai requested to be added as co-sponsors. Supervisor Ronen, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 23, 2024. The motion carried by the following vote:

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

Noes: None