Imperium

The minutes outlined how the Board of Supervisors authorized remote meetings and public comment via teleconference starting March 17, 2020. As of June 29, 2021, the Board and staff started reconvening for in-person proceedings, but committee meetings remained remote until further notice. The public was encouraged to participate remotely via teleconference, with instructions provided at a specific web link. Members could also submit comments by email, which would be included in the official record. Regular meetings began at 2:00 p.m. on Tuesdays, and agendas with associated documents were available online. For more information, the public was directed to contact the Office of the Clerk of the Board.

Supervisor Peskin, seconded by Supervisor Stefani, moved that Supervisor Melgar be excused from attending the day’s meeting. The motion carried with 10 ayes and Melgar excused.

Angela Calvillo, Clerk of the Board, instructed members of the public on how to contribute live comments by dialing the provided telephone number and dialing *3 to be added to the queue. She emphasized the importance of calling from a quiet location, speaking clearly and slowly, and turning down any background noise. Written comments could be submitted through email or via the U.S. Postal Service at City Hall.

President Walton inquired whether any Member of the Board had any corrections to the October 26, 2021, or November 2, 2021, Regular Board Meeting Minutes, as presented. There were no corrections requested from any Member of the Board. Supervisor Preston, seconded by Supervisor Chan, moved to approve the October 26, 2021, and November 2, 2021, Regular Board Meeting Minutes, as presented. The motion carried by the following vote, following general public comment: Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton Excused: 1 - Melgar

The minutes indicate that there were no agenda changes.

Mayor London N. Breed addressed the Board of Supervisors regarding the state of San Francisco and the Tenderloin neighborhood, including the increase in violence and burglaries. She committed to working with the Board to address these issues to ensure people feel safe. The Mayor then discussed the Dream Keeper Initiative and self-referrals to congregate shelters. President Walton asked for an update on the Dream Keeper Initiative, to which Mayor Breed responded with significant funding allocations for new sustainable policies and programs. Supervisor Safai inquired about prioritizing and providing a timeline for resolving technical difficulties with the Department of Homelessness and Supportive Housing's shelter bed entry system. Mayor Breed responded that decisions were made during the pandemic, and the current system allows for testing considerations.

An ordinance was passed that waives banner fees for the "Shop & Dine in the 49" campaign for up to 300 banners per year over three years, starting on November 20, 2021. The Office of Economic and Workforce Development will use the banners to publicize the campaign. The Planning Department's determination under the California Environmental Quality Act was affirmed.

An ordinance authorizing the settlement of the lawsuit filed by David Joslyn against the City and County of San Francisco for $3,250,000 was passed. The lawsuit, filed in San Francisco Superior Court, Case No. CGC-19-579230, involved alleged personal injury from medical negligence. As part of the settlement, Iris Solano, Frederick Stewart Joslyn, and Iris Lorraine Solano waived any potential future claims for wrongful death.

An ordinance authorizing settlement of the lawsuit filed by Huan Zheng Fang and Zhourong Fang against the City and County of San Francisco for $2,000,000 was passed. The lawsuit, filed in San Francisco Superior Court, Case No. CGC-20-584474, involved the wrongful death of plaintiffs’ husband and son.

An ordinance authorizing settlement of the lawsuit filed by Tamsyn Waterhouse against the City and County of San Francisco for $45,000 was passed. The lawsuit, filed in San Francisco Superior Court, Case No. CGC-20-583543, involved a flooding event inside the plaintiff’s home.

An ordinance authorizing settlement of the lawsuit filed by Christina Yiu and Jeremy Yiu against the City and County of San Francisco for $135,000 was passed. The lawsuit, filed in San Francisco Superior Court, Case No. CGC-19-581298, involved alleged personal injury arising from a motor vehicle accident.

An ordinance authorizing settlement of the lawsuit filed by Victor Picazo against the City and County of San Francisco for $46,000 was passed. The lawsuit, filed in San Francisco Superior Court, Case No. CGC-19-575009, involved alleged civil rights violations.

An ordinance was passed that amends the Planning Code to allow business signs on awnings or marquees in addition to projecting signs in various neighborhood commercial and residential-commercial districts, and in certain Chinatown mixed use districts. It also applies business sign controls to additional Neighborhood Commercial Districts. The Planning Department’s determination under the California Environmental Quality Act was affirmed, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, were made.

An ordinance appropriating $64,150,000 from the Fiscal Cliff Reserve to the Mayor’s Office of Housing and Community Development was passed. The funds are allocated for the acquisition, creation, and operation of affordable, social housing under the Housing Stability Fund in Fiscal Year (FY) 2021-2022.

An ordinance was passed that amends the Business and Tax Regulations Code to suspend the imposition of the Cannabis Business Tax through December 31, 2022. Supervisor Haney requested to be added as a co-sponsor.

An ordinance amending the Planning Code to exempt Grandfathered Medical Cannabis Dispensaries that convert to Cannabis Retail Uses from neighborhood notification and review requirements was passed on first reading. The Planning Department’s determination under the California Environmental Quality Act was affirmed, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1, were made.

An ordinance amending the Police Code to clarify that the Office of Economic and Workforce Development (“OEWD”) may establish standards governing the certification of cannabis-related pre-apprenticeship programs and amending the Health Code to extend the period for which the Director of the Office of Cannabis (“OOC”) may grant temporary authorization to medical cannabis dispensaries (“MCDs”) to continue operating while they wait for their permit applications to process. The ordinance also includes prerequisites to Temporary MCD Authorization related to health and safety standards, apprenticeship programs, and labor peace agreements.

An ordinance amending the Administrative Code to authorize the Sheriff to contract with private individuals and private entities to provide supplemental law enforcement services was amended and passed on first reading. The amendment specified that the services would be for retail and commercial establishments. Sheriff Paul Miyamoto and Anne Pearson from the Office of the City Attorney responded to questions during the discussion. An amendment was made to define "commercial" and "retail" establishments and to require the Sheriff to include a written staffing plan with any approval for Department services.

An ordinance appropriating $31,630,000 from the issuance of one or more series of Special Tax Bonds of the City’s Improvement Area No. 2 of the Community Facilities District No. 2016-1 (Treasure Island) for funding of certain public facilities and infrastructure for the Treasure Island Development Project in Fiscal Year (FY) 2021-2022 and placing such amounts on Controller's reserve was passed on first reading.

An ordinance amending the Park Code to reduce or eliminate fees for admission to and use of certain facilities on park property for veterans and active members of the United States Armed Forces was amended and passed on first reading. The amendment added language specifying that the discounts apply to veterans residing in San Francisco, but would expand to all veterans and active members upon certification of funds by the Controller. Supervisors Preston and Mandelman requested to be added as co-sponsors. The ordinance also included a provision that the exclusion of non-San Francisco residents would expire if the Controller certifies that the City has appropriated the necessary funds to cover the costs for non-resident veterans.

An ordinance waiving the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy permits on City streets on specific dates in December 2021 was passed on first reading. The purpose is to promote sidewalk sales of merchandise during the holiday season. Supervisor Preston requested to be added as a co-sponsor.

A resolution approving Modification No. 2 of Lease No. GS-09P-LCA03395, between the United States (U.S.) of America and the City and County of San Francisco, to extend the term by three years, for a new term ending January 3, 2025, and increasing the annual rent to $665,489 totaling $1,996,467 for the extension term, for offices occupied by the U.S. Federal Bureau of Investigation at the International Terminal, was adopted.

A resolution authorizing the Department of Technology to enter into an agreement with AT&T Corporation to purchase wired voice and data network and telecommunication services, with a not to exceed amount of $80,000,000 for a six and one-half year term from January 1, 2022, through June 30, 2028, and with one five-year option to extend, was adopted.

A resolution retroactively authorizing Public Works to accept and expend $1,971,000 from the 2019 Active Transportation Program to fund the construction of the Public Works' Alemany Interchange Improvements Phase 2 project, for the project period of October 2021 through June 2026, was adopted.

A resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $1,493,000 from the California Department of Fish and Wildlife to fund the Heron’s Head Park Shoreline Resilience Project from January 1, 2022, through December 31, 2024, was adopted.

Two resolutions approving ground lease modifications with United Airlines, Inc. to extend the term by three years, provide for rent adjustments, and update legal provisions were adopted. The resolutions pertained to Ground Lease Nos. 00-0464 and 96-0268.

A resolution approving an agreement between Harvey M. Rose Associates, LLC and the Board of Supervisors for the Budget and Legislative Analyst Services for a total amount not to exceed $10,500,000 for an initial term of four years from January 1, 2022, through December 31, 2025, was adopted.

An ordinance directing the Mayor’s Office of Housing and Community Development to conduct a disparate impact analysis of granting a priority for veterans who qualify for an affordable housing preference under Administrative Code, Chapter 47, was passed on first reading.

Supervisor Mandelman introduced, welcomed, and presented a Certificate of Honor to Regina Dick-Endrizzi, Executive Director of the Office of Small Business, on the occasion of her retirement after more than 16 years with the City and County of San Francisco. Several other Supervisors shared in this commendation.

The Board opened a public hearing on an appeal of a Conditional Use Authorization approval for a project at 3832-18th Street. Supervisor Mandelman indicated he would be making a motion to continue the hearing and its associated motions to a future date. A motion to continue the hearing open to the Board of Supervisors meeting of January 11, 2022, was carried.

An ordinance authorizing settlement of the lawsuit filed by Judy O’Neil against the City and County of San Francisco for $2,500,000, regarding an officer involved shooting that resulted in the death of Keita O’Neil, was passed on first reading.

An ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and the International Union of Operating Engineers Stationary Engineers, Local 39, to revise San Francisco Public Utilities Commission Wastewater Enterprise rules regarding work schedules and shift assignments, was passed on first reading.

A resolution approving a historical property contract between Leah Culver Revocable Trust, the owner of 714 Steiner Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract was adopted.

An ordinance amending the Planning Code to revise Massage Establishment zoning controls was passed on first reading. The changes included adding Sole Practitioner Massage Establishments to the definition of Health Services, regulating Massage Establishments generally consistent with Health Services, eliminating the three-month period to establish abandonment of certain nonconforming Massage Establishment uses, prohibiting Personal Services uses for three years at any location where a Massage Establishment use was closed due to a violation, and eliminating the exception for massage uses accessory to a dwelling unit.

An ordinance amending the Campaign and Governmental Conduct Code to expand the definition of interested party to include City contractors, persons seeking to influence City officers and employees, registered contact lobbyists, and permit consultants, and to prohibit elected officials, department heads, commissioners, and designated employees from soliciting behested payments from interested parties was amended and passed on first reading. Exceptions were added for persons providing grants to the City or City department and for communications made at a public forum, rally, email, petition, or social media.

During the public comment period, several individuals shared their concerns. One anonymous speaker shared a document and expressed concerns regarding text messages between Department staff and the subsequent Sunshine Ordinance Task Force determination regarding their disclosure. Chris Former expressed support for safe injection sites but shared concerns regarding the furtherance of this program. Other speakers expressed concerns regarding unhoused individuals, the funding that should be allocated to services and programs, and the location of safe injection sites.

A resolution urging Congress to pass H.R. 5502, the INFORM Consumers Act, requiring online marketplaces to collect, verify, and disclose certain information from high-volume, third-party sellers, with no further amendments, was adopted.

A resolution approving for purposes of Internal Revenue Code, Section 147(f), the Issuance and Sale of Limited Obligation Improvement Bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $45,000,000 to refinance the acquisition, construction and installation of seismic strengthening improvements and other authorized improvements in certain health care facilities owned and operated by Chinese Hospital Association, was adopted.

A resolution retroactively declaring November 15, 2021, as Rita Semel Day in the City and County of San Francisco, in recognition of her many years of outstanding service in interfaith and civil rights work and celebrating her 100 years on this planet, was adopted.

A motion appointing Chris Dillon to the Commission on the Aging Advisory Council was approved.

A motion appointing Irma Lewis and Jolene Yee to the Eastern Neighborhoods Community Advisory Committee was approved.

A motion establishing the 2022 Board of Supervisors Regular Meeting Schedule was amended to remove holidays from the list of canceled meeting dates and adding the week after Thanksgiving. The amended motion was then approved.

A proposed ordinance ordering the summary street vacation of a portion of Michigan Street, generally bounded by Assessor’s Parcel Block No. 4298 to the north and west, Assessor’s Parcel Block No. 4310 to the east, and Cesar Chavez Street to the south, as part of the improvement of the MUNI Metro East maintenance facility. It also approves the interdepartmental transfer of the vacation area from Public Works to SFMTA, subject to the approval of the SFMTA Board of Directors.