Board of Supervisors Minutes: March 10, 2020

. Corruption (District 5) 2. Transportation Infrastructure (District 6) Mayor London N. Breed addressed the Board of Supervisors regarding the actions being taken, services being put in place, and resources being made available in response to the health emergency regarding the COVID-19 disease, including the health concerns, economic impact, prioritization of budget funds, effects on travel and tourism, and public transportation usage decline. Mayor Breed further informed the Board of additional public corruption being identified at the Department of Building Inspection and that the Director of the Department of Building Inspection has been put on administrative leave. Mayor Breed then discussed the above referenced topics submitted by the District 5 and 6 Supervisors. Supervisor Preston requested to withdraw his original topic for discussion, “Corruption.” Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Preston, seconded by Supervisor Peskin, moved to ask questions related to a new topic “City’s response to the Coronavirus.” The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

g question: Will you commit to working with my office and fully supporting a request to the governor to waive any state laws during this state of emergency that would otherwise get in the way of San Francisco adopting these eviction protections? Mayor Breed indicated that pursuant to the emergency declarations in place, legislative approvals may not be necessary for certain actions to address the situation and that assistance has been requested from the State of California. Supervisor Preston then followed up with the following question: To the extent we run into State law limitations, will you work with our office to request the Governor waive any limits on certain challenges, such as no-fault evictions? Mayor Breed indicated she will continue to work with their office as discussions with the state and federal governments progresses. Mayor Breed did not ask any follow-up questions related to this topic. Supervisor Haney requested to withdraw his original topic for discussion, “Transportation Infrastructure.” Supervisor Haney, seconded by Supervisor Preston, moved to ask questions related to a new topic “City’s response to the Coronavirus.” The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200108 [Settlement of Lawsuit - Garry Peace - $43,500] Ordinance authorizing settlement of the lawsuit filed by Garry Peace against the City and County of San Francisco for $43,500; the lawsuit was filed on November 8, 2017, in San Francisco Superior Court, Case No. CGC-17-562373; entitled Garry Peace v. City and County of San Francisco; the lawsuit involves an alleged personal injury while walking on a City sidewalk. (City Attorney) Ordinance No. 051-20 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Absent: Fewer

200038 [Appropriation - Refunding General Obligation Bond Proceeds - $255,000,000 - FY2019-2020] Sponsor: Mayor Ordinance appropriating not to exceed $255,000,000 from the issuance of one or more series of Refunding General Obligation Bonds; and placing such amount on Controller's reserve subject to the closing of one or more refunding transactions for FY2019-2020. (Fiscal Impact) Ordinance No. 038-20 FINALLY PASSED by the following vote:

Ayes: Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Absent: Fewer

190454 [Planning Code - Obstructions in Required Setbacks, Yards, and Usable Open Space] Ordinance amending the Planning Code to allow, in required setbacks, yards, and usable open space, all projections of an architectural nature if they meet the specified requirements and to allow bay windows that do not meet the specified requirements to apply for a Zoning Administrator waiver; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. (Planning Commission) Ordinance No. 043-20 FINALLY PASSED by the following vote:

Ayes: Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Absent: Fewer

solution authorizing and approving the acceptance of certain real property assets from the Office of Community Investment and Infrastructure to the City and County of San Francisco; placing parcels under the jurisdiction of Public Works (Assessor’s Parcel Block (Block) No. 5203, Lot Nos. 037 and 044; Block No. 4570, Lot Nos. 020, 021, and 028; and Block No. 3751, Lot Nos. 167 and 168); placing parcels under the Mayor’s Office of Housing and Community Development (Block No. 5423A, Lot 009; and Block No. 3731, Lot Nos. 240 and 241); placing property commonly known as the Adam Rogers Park Addition under the jurisdiction of the Recreation and Park Department; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings under the California Environmental Quality Act. (City Administrator) Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking all references to ‘parcels under the jurisdiction of Public Works,’ and making other clarifying and conforming changes. The motion carried by the following vote:

Ayes: Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Absent: Fewer

Resolution authorizing and approving the acceptance of certain real property assets from the Office of Community Investment and Infrastructure to the City and County of San Francisco; placing parcels under the Mayor’s Office of Housing and Community Development (Block No. 5423A, Lot 009; and Block No. 3731, Lot Nos. 240 and 241); placing property commonly known as the Adam Rogers Park Addition under the jurisdiction of the Recreation and Park Department; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings under the California Environmental Quality Act. (City Administrator) Resolution No. 103-20 ADOPTED AS AMENDED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

191253 [Street Vacation - Millennium Tower 301 Mission Perimeter Pile Upgrade Project] Sponsor: Mayor Ordinance ordering the vacation of the sidewalk portion of streets on the south side of Mission Street at the intersection of Mission and Fremont Streets and on the east side of Fremont Street at the same intersection to allow a structural upgrade of the 301 Mission Street high-rise building known as Millennium Tower, subject to certain conditions; rededicating the area subject to the street vacation to public use for street and right-of-way purposes after the City’s issuance of an easement for the abovementioned structural upgrade; adopting environmental findings under the California Environmental Quality Act; adopting findings that the vacation and rededication of the street area are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing actions in furtherance of this Ordinance. Ordinance No. 044-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200005 [Airport Professional Services Agreement Modification - FSP PPM Management, LLC - Curbside Management Services - Not to Exceed $29,950,859] Resolution approving Modification No. 1 to Airport Contract No. 50085, Curbside Management Services, with FSP PPM Management, LLC, to increase the contract amount by $10,428,565 for a new not to exceed amount of $29,950,859; and to exercise the one one-year option to extend the term from July 1, 2020, through June 30, 2021, pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 102-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200111 [Agreement Amendment - Retroactive - APX, Inc. - Power Scheduling Coordination and Related Support Services - Not to Exceed $149,900,000] Resolution retroactively authorizing the General Manager of the Public Utilities Commission to execute the first amendment to Agreement No. CS-344 Power Scheduling Coordination and Related Support Services, with APX, Inc. to amend the not to exceed amount from $105,000,000 to $107,900,000 and authorizing the General Manager of the Public Utilities Commission to execute a second amendment providing a two-year extension to the contract term, for a total term of seven years, from June 16, 2015, through June 15, 2022, and increasing the not to exceed amount by $42,000,000 for a total not to exceed amount of $149,900,000 pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 104-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200130 [Request for Procurement - Special Investigation Services] Sponsors: Haney; Mar, Ronen, Preston, Walton and Peskin Motion to direct and authorize the Clerk of the Board to initiate a procurement process with pre-qualified vendors for Special Investigation services, with regard to potential corruption within the local government of the City and County of San Francisco. Supervisor Peskin requested to be added as a co-sponsor. Motion No. M20-030 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

191073 [Health Code - Medical Examiner Reports of Drug Overdose Deaths] Sponsors: Haney; Walton, Ronen, Fewer and Mar Ordinance amending the Health Code to require the Medical Examiner to report information to the Mayor, Board of Supervisors, and Director of Health once every four months regarding deaths arising from drug overdoses. PASSED ON FIRST READING by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200059 [Administrative Code - Delegating Authority for Applications for Discharge from Accountability for Taxes on Unsecured Property] Ordinance amending the Administrative Code to delegate authority from the Board of Supervisors to the Controller, under California Government Code, Section 25259.5, to grant applications for discharge from accountability filed by the Tax Collector for the collection of any delinquent taxes on unsecured property. (Treasurer-Tax Collector) PASSED ON FIRST READING by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Board of Supervisors Rules of Order to set forth the process for administration of oaths to individuals testifying before the Board pursuant to a subpoena, and to authorize the Government Audit and Oversight Committee to administer oaths and issue subpoenas duces tecum. Supervisors Walton and Safai requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) and Angela Calvillo, Clerk of the Board, who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 5-7, by striking from Rule 3.3.2 ‘Nothwithstanding the forgoing, the Committee Clerk shall administer an oath to a Department Head when that Department Head is testifying pursuant to a subpoena duces tecum issued under Rule 3.3.1.’; on Page 2, Line 24, through Page 3, Line 1, by striking from Rule 6.7.1 ‘Notwithstanding the forgoing, the Clerk shall administer an oath to a Department Head when the Department Head is testifying pursuant to a subpoena issued under Rule 6.7.’ The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Motion No. M20-031 APPROVED AS AMENDED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200233 [Reappointments, Commission on the Aging Advisory Council - Juliet Rothman and Margaret Graf] Motion reappointing Juliet Rothman and Margaret Graf, terms ending March 31, 2022, to the Commission on the Aging Advisory Council. (Rules Committee) Motion No. M20-032 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200234 [Appointment, Park, Recreation, and Open Space Advisory Committee - Susan Ryan] Motion appointing Susan Ryan, term ending February 1, 2022, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M20-033 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200235 [Appointment, Pedestrian Safety Advisory Committee - Marta Lindsey] Motion appointing Marta Lindsey, term ending March 31, 2022, to the Pedestrian Safety Advisory Committee. (Rules Committee) Motion No. M20-034 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

ning Code, Sections 121 and 303, for a proposed project at 95 Nordhoff Street, Assessor’s Parcel Block No. 6763, Lot No. 001, identified in Planning Case No. 2018-015554CUA, issued by the Planning Commission by Motion No. 20602, dated December 12, 2019, for the subdivision of an existing lot currently containing a single-family dwelling unit into four new lots, two of which will be substandard lots, within the RH-1 (Residential-House, One Family) Zoning District and the 40-X Height and Bulk District. (District 8) (Appellant: Steven Ganz) (Filed January 13, 2020) (Clerk of the Board) President Yee opened the public hearing and Supervisor Mandelman provided brief remarks on the status of this project and appeal, indicating he would be making a motion to continue these matters to a later date. The President then inquired as to whether any member of the public wished to address the Board relating to the proposed continuance. There were no speakers. The President closed public comment on the continuance. Supervisor Mandelman, seconded by Supervisor Fewer, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of March 24, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200068 [Approving Conditional Use Authorization - 95 Nordhoff Street] Motion approving the decision of the Planning Commission by its Motion No. 20602, approving a Conditional Use Authorization, identified as Planning Case No. 2018-015554CUA, for a proposed project located at 95 Nordhoff Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of March 24, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200069 [Conditionally Disapproving Conditional Use Authorization - 95 Nordhoff Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20602, approving a Conditional Use Authorization, identified as Planning Case No. 2018-015554CUA, for a proposed project at 95 Nordhoff Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Mandelman, seconded by Supervisor Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of March 24, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200070 [Preparation of Findings Related to Conditional Use Authorization Appeal - 95 Nordhoff Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2018-015554CUA, for a proposed project at 95 Nordhoff Street. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of March 24, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200223 [Affirming City Support to Acquire PG&E Assets Contingent on Key Conditions and Priorities] Sponsors: Peskin; Ronen Resolution affirming the City’s continued good faith efforts to acquire the PG&E assets necessary to provide clean, green, and affordable electric power delivery and service in San Francisco, contingent on key conditions and priorities. Resolution No. 105-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200241 [Final Map 8573 - Hunters Point Shipyard Phase 1] Motion approving Final Map 8573, Block 48 of Hunters Point Shipyard Phase 1, being a merger and 17 lot resubdivision of existing Final Map No. 5255, Lot Nos. 1 through 89 and 93 through 127, Assessor’s Parcel Block No. 4591D, Lot Nos. 1 through 7, 9 through 48, 50 through 55, 57 through 62, 64 through 93, and 97 through 131, resulting in 17 lots intended for residential use, including a 404-unit residential condominium, subject to specified conditions; approving an amendment to a Public Improvement Agreement related to Final Map 8573; and acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-037 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Mandelman, Mar, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Absent: Fewer, Haney, Peskin

200265 [Ratifying the County Health Officer’s Declaration of a Local Health Emergency Regarding Novel Coronavirus Disease 2019 (COVID-19)] Sponsors: Yee; Peskin Motion ratifying the March 6, 2020, City and County of San Francisco Health Officer’s Declaration of Local Health Emergency, regarding Novel Coronavirus Disease 2019 (COVID-19). Supervisor Peskin requested to be added as a co-sponsor. President Yee inquired as to whether any member of the public wished to address the Board relating to the ratification of the Declaration of Local Health Emergency regarding Novel Coronavirus Disease 2019 (COVID-19), as referenced in File No. 200265. There were no speakers. The President declared public comment closed. Motion No. M20-038 APPROVED by the following vote:

Ayes: Fewer, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

Absent: Haney