Board of Supervisors Minutes: May 5, 2020

200123 [Declaring Results of Special Election - Special Tax District No. 2020-1 (Mission Rock Facilities and Services)] Sponsor: Mayor Resolution declaring the results of the special election and directing recordation of the notice of special tax lien for the City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services); and determining other matters in connection therewith, as defined herein. Resolution No. 195-20 ADOPTED by the following vote:

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

Noes: None

200124 [Authorizing and Ratifying Issuance of Bonded Indebtedness and Other Debt - Special Tax District No. 2020-1 (Mission Rock Facilities and Services) - Not to Exceed $3,700,000,000] Sponsor: Mayor Resolution authorizing and ratifying the issuance and sale of bonded indebtedness and other debt in an aggregate principal amount not to exceed $3,700,000,000 for the City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services); and determining other matters in connection therewith, as defined herein. Resolution No. 196-20 ADOPTED by the following vote:

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

Noes: None

200125 [Levying Special Taxes - Special Tax District No. 2020-1 (Mission Rock Facilities and Services)] Sponsor: Mayor Ordinance levying special taxes within the City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services). PASSED ON FIRST READING by the following vote:

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

Noes: None

olson, JV; Stroer & Graff, Inc.; Transbay Joint Powers Authority; Transbay Tower LLC; Treadwell & Rollo, Inc., subsequently known by name change as “T&R Consolidated, Inc.”; Turner Construction Company; Viking Drillers, Inc.; Webcor Construction LP, dba Webcor Builders, survivor to a merger with Webcor Construction, Inc. ; Webcor-Obayashi Joint Venture, consisting of Webcor Construction L.P. and Obayashi Corporation as Parties; YKK AP, Inc.; Zocon Consulting Engineers, Inc.; The Millennium Tower Litigation involves claims arising out of the settlement and tilt of the Millennium Tower, located at 301 Mission Street, San Francisco; the City’s contribution to the global settlement is an agreement to convey an easement necessary to construct a seismic upgrade of the Millennium Tower; the global settlement, and the City’s obligation to convey the easement, are contingent on the occurrence of a number of events, City and County of San Francisco Page 372 Printed at 1:25 pm on 6/15/20 Board of Supervisors Meeting Minutes 5/5/2020 including court approval of a class action settlement; adopting environmental findings. (City Attorney) Ordinance No. 076-20 FINALLY PASSED by the following vote:

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

Noes: None

200366 [Levy Ad Valorem and Special Taxes - Possessory Interests on Secured Roll - Pier 70 and Mission Rock IFD and Special Tax Districts] Sponsor: Mayor Resolution approving the levy on the secured roll of ad valorem and special taxes on possessory interests in Sub-Project Areas G-2 through G-4 and Sub-Project Areas I-1 through I-13 of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco), City and County of San Francisco Special Tax District No. 2019-2 (Pier 70 Leased Properties), and City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services); making findings under the California Environmental Quality Act; and determining other matters in connection therewith, as defined herein. Resolution No. 200-20 ADOPTED by the following vote:

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

Noes: None

200387 [Mayoral Reappointment, Municipal Transportation Agency Board of Directors - Cristina Rubke] Motion approving the Mayor's nomination for reappointment of Cristina Rubke to the Municipal Transportation Agency Board of Directors, term ending March 1, 2024. (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 28, 2020.) Supervisor Walton, seconded by Supervisor Preston, moved that this Motion be CONTINUED to the Board of Supervisors meeting of May 12, 2020. The motion carried by the following vote:

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

Noes: Stefani

200335 [Grant Agreement Amendment - San Francisco Pretrial Diversion Project, Inc. - Pretrial Incarceration Alternatives - Not to Exceed $15,864,317] Resolution approving a fifth amendment to the agreement between the Sheriff’s Office and the San Francisco Pretrial Diversion Project, Inc. to extend the agreement by one year for a total term of October 1, 2017, through June 30, 2021, and increase the agreement amount by $5,905,402 for a total amount not to exceed $15,864,317. (Sheriff) (Fiscal Impact) Resolution No. 197-20 ADOPTED by the following vote:

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

Noes: Stefani

200342 [Accept and Expend Grant - Retroactive - U.S. Department of Homeland Security - FY2019 Urban Areas Security Initiative Program - $24,742,500] Sponsor: Mayor Resolution retroactively authorizing the Department of Emergency Management, on behalf of the City and County San Francisco, as the fiscal agent for the Bay Area Urban Areas Security Initiative (UASI) Program, to accept and expend an increase to FY2019 UASI grant funds in the amount of $602,500 for a total of $24,742,500 from the U.S. Department of Homeland Security through the California Office of Emergency Services for the period September 1, 2019, through May 31, 2022. (Department of Emergency Management) Resolution No. 198-20 ADOPTED by the following vote:

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

Noes: None

200364 [Accept and Expend Grant - Retroactive - California State Water Resources Control Board - Public Beach Safety Grant Program - $87,675] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $87,675 from the California State Water Resources Control Board, Division of Water Quality Beach Safety Program, to participate in a program, entitled “Public Beach Safety Grant Program,” for the period of July 1, 2019, through June 30, 2022. (Public Health Department) Resolution No. 199-20 ADOPTED by the following vote:

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

Noes: None

200378 [Urging Flexible Incentive Pay and Testing for Frontline Non-Profit Workers During Public Health Emergency] Sponsors: Haney; Ronen, Preston and Walton Resolution urging City Departments to authorize additional funds and support to their contracted non-profit homeless service providers, including guaranteed free testing and incentive pay through increased contract amounts and flexible contract spending. Resolution No. 201-20 ADOPTED by the following vote:

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

Noes: None

e, Stefani, Ronen and Safai Ordinance amending the Planning Code to create the Intermediate Length Occupancy residential use characteristic; amending the Administrative Code to clarify existing law regarding the enforceability of fixed-term leases in rental units covered by the just cause protections of the Residential Rent Stabilization and Arbitration Ordinance (the “Rent Ordinance”), prohibit the use of rental units for temporary occupancies by non-tenants, require landlords to disclose in advertisements for such units that the units are subject to the Rent Ordinance, and authorize enforcement through administrative and/or civil penalties; requiring the Controller to conduct a study to analyze the impacts of new Intermediate Length Occupancy units in the City; affirming the Planning Department’s determination 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. Supervisors Ronen and Safai requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

200413 [Appointments, SOMA Community Stabilization Fund Community Advisory Committee - Christian Martin, Janetta Johnson, Carolyn Caldwell, Gina Rosales, Conny Ford, and Kris Romasanta] Motion appointing Christian Martin (residency requirement waived), Janetta Johnson, Carolyn Caldwell, Gina Rosales, Conny Ford, and Kris Romasanta, terms ending December 1, 2023, to the SOMA Community Stabilization Fund Community Advisory Committee. (Rules Committee) Motion No. M20-051 APPROVED by the following vote:

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

Noes: None

200414 [Appointments, South of Market Community Planning Advisory Committee - John Elberling, C. Heather Phillips, and Jane Weil] Motion appointing John Elberling, term ending August 1, 2022, and C. Heather Phillips and Jane Weil, terms ending August 1, 2023, to the South of Market Community Planning Advisory Committee. (Rules Committee) Motion No. M20-052 APPROVED by the following vote:

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

Noes: None

rooms, open 24 hours per day,’; on Page 2, Lines 12-13, by striking ‘(March 31 Order)’ and adding ‘extended and replaced by Order No. C19-07c on April 29, 2020 (April 29 Order), and Lines 18, 21 and 24, by striking ‘March 31’ and adding ‘April 29’; on Page 5, Line 1, by adding ‘the April 29’ and striking ‘No. C19-07bc’, and Line 8, by striking ‘thirty-nine’ and adding ‘39’; on age 6, Lines 2-8, by adding ‘Such restroom units shall be concentrated in areas with the greatest need, and located within 1,000 feet of any encampment. The hours of operation for all existing and new “pit stop” restrooms shall be 24 hours per day seven days per week, except at the following locations: corner of Market Street and Church Street; corner of Haight Street and Buena Vista Avenue; corner of 16th Street and Capp Street; corner of 18th Street and Mission Street; Washington Square Park on Union Street near Stockton Street; and adjacent to the Great Highway near the Beach Chalet.’; and Page 7, Line 8, by striking ‘Mayor, as the City’s Chief Executive Officer’ and adding ‘Department of Public Works’, and Line 9, by striking ‘designate one or more City agencies’. The motion carried by the following vote:

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

Noes: None

City and County of San Francisco Page 376 Printed at 1:25 pm on 6/15/20 Board of Supervisors Meeting Minutes 5/5/2020 Emergency ordinance to limit the spread of COVID-19 by requiring the City, through service agreements with third parties, to provide, staff, and maintain restrooms equipped with toilets and hand washing facilities, at a ratio of one restroom per 50 unsheltered people, concentrated in areas with the greatest need, located within 1,000 feet of any encampment, and for select “pit stop” restrooms, open 24 hours per day, within three weeks of the effective date of this ordinance; waive the requirement under Charter, Section 9.118, that the Board of Supervisors approve the service agreements for restrooms equipped with toilets and hand washing facilities; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) FINALLY PASSED AS AMENDED by the following vote:

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

Noes: None

ubcommittee to plan for the reduction of the City’s daily jail population and closure of County Jail No. 4; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Supervisors Mandelman and Yee requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Shakira Simley (Office of Racial Equity) and Sheriff Paul Miyamoto (Sheriff's Department) who responded to questions raised throughout the discussion. Supervisor Fewer, seconded by Supervisor Walton, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 9, Lines 23-25, by adding ‘(d) Notwithstanding the deadline for closure of County Jail 4 stated in subsection (a), the Sheriff may use the 7th Floor of the Hall of Justice for administrative, kitchen, and laundry purposes, so long as the Hall of Justice Building remains open.’; and on Page 11, Line 4, by striking ‘shall’ and adding ‘may’, Lines 5-6, by adding ‘the Department of Public Health, a representative of the labor unions representing impacting workers at County Jail 4,’ and Line 8, by adding ‘as appropriate’. The motion carried by the following vote:

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

Noes: None

(Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Stefani

200437 [Concurring in Actions to Meet Local Emergency - Coronavirus Response] Sponsor: Yee Motion concurring in actions taken by the Mayor in the Eleventh Supplement to the Proclamation of Emergency, released on April 23, 2020, to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic. Motion No. M20-053 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

200427 [Opposing California State Assembly Bill No. 2261 (Chau) - Facial Recognition Technology] Sponsors: Peskin; Safai and Mandelman Resolution opposing California State Assembly Bill No. 2261, authored by Assembly Member Edwin Chau, which would preempt San Francisco’s precedent-setting prohibition on government acquisition and use of facial recognition technology and thereby imperil the public health and safety of San Francisco residents and visitors. Supervisors Safai and Mandelman requested to be added as co-sponsors. Supervisor Stefani, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 12, 2020. The motion carried by the following vote:

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

Noes: None

200430 [A. P. Giannini Day - 150th Birthday - May 6, 2020] Sponsors: Stefani; Peskin, Mandelman and Safai Resolution recognizing A. P. Giannini on the occasion of his 150th birthday for his substantial contributions to San Francisco history, Italian American culture, and declaring May 6, 2020, as A. P. Giannini Day in the City and County of San Francisco. Supervisors Mandelman and Safai requested to be added as co-sponsors. Resolution No. 205-20 ADOPTED by the following vote:

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

Noes: None

200433 [Reopening the Treasurer & Tax Collector’s In-Person Property Tax Payment Location on May 15, 2020] Sponsors: Yee; Safai Resolution reopening the City Hall in-person property tax payment location of the Office of the Treasurer & Tax Collector for regular business hours on May 15, 2020. Privilege of the floor was granted unanimously to Jose Cisneros, Treasurer (Office of the Treasurer-Tax Collector) and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 1-5, by adding ‘; provided that the Treasurer & Tax Collector’s Office may reopen only on the condition that either the City Administrator provides for the opening of the Dr. Carlton B. Goodlett Place entrance to City Hall to allow members of the public to enter, or City staff are available at that entrance to direct members of the public to the appropriate entrance to access the building’. The motion carried by the following vote:

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

Noes: None

Supervisor Safai, seconded by Supervisor Fewer, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 7, and Page 3, Line 1, by striking ‘days prior to May 15’ and adding ‘May 13 and 14’. The motion carried by the following vote:

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

Noes: None

Resolution No. 208-20 ADOPTED AS AMENDED by the following vote:

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

Noes: None

200434 [Supporting Assembly Constitution Amendment No. 5 (Weber, Gipson) to Repeal Proposition 209] Sponsors: Yee; Fewer, Mar, Safai, Peskin, Walton, Mandelman, Preston, Haney and Ronen Resolution supporting Assembly Constitution Amendment No. 5, introduced by Assembly Members Shirley Weber and Mike Gipson, a California Constitutional Amendment for the November 3, 2020, General Election, to repeal Proposition 209 and reinstate affirmative action in public contracting, hiring, and public education Supervisors Mandelman, Preston, Haney, and Ronen requested to be added as co-sponsors. Resolution No. 209-20 ADOPTED by the following vote:

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

Noes: None

200435 [Urging Implementation of Statewide Election Reforms for the November Presidential Election - Protect Voter Access, Ensure Mass Public Education on Voting, and Focus on Equity] Sponsors: Yee; Ronen, Fewer, Walton, Peskin, Mar, Mandelman, Safai, Preston, Haney and Stefani Resolution urging Governor Gavin Newsom and Secretary of State Alex Padilla to adopt and implement statewide election reforms for the November Presidential Election that includes Vote-By-Mail ballots for every registered voter, in addition to providing equitable alternatives to cast a ballot in person safely; and affirming the principles of protecting voter access, ensuring mass public education on how to vote, and centering equity when serving the most disenfranchised voters. Resolution No. 210-20 ADOPTED by the following vote:

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

Noes: None

kin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 17-18, by adding ‘most notably Congressmembers Norman Mineta and Frank Horton’, and Line 21, by adding ‘Jimmy’; on Page 2, Lines 3-4, by adding ‘and in 1992, it was declared that the celebration would take place in May’, and Line 11, by adding ‘Pacific’; and Page 3, Line 2, by striking ‘ever’, Lines 2-3, by adding ‘in the City and County of San Francisco in perpetuity’, Line 11, by striking ‘Asian Pacific American’ and adding ‘APA’, and Lines 17-23, by adding ‘FURTHER RESOLVED, That the Board of Supervisors extends their highest commendation to the 2020 honorees of the APA Heritage Celebration Committee for their remarkable impact serving the Asian Pacific community in San Francisco: the Center for Asian American Media (CAAM) on the occasion of their 40th anniversary, Community Youth Center of San Francisco (CYC) on the occasion of their 50th anniversary, Japanese Community Youth Center (JCYC) on the occasion of their 50th anniversary, and the San Francisco - Ho Chi Minh Sister City Committee on the occasion of their 25th anniversary.’ The motion carried by the following vote:

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

Noes: None

City and County of San Francisco Page 382 Printed at 1:25 pm on 6/15/20 Board of Supervisors Meeting Minutes 5/5/2020 Resolution No. 211-20 ADOPTED AS AMENDED by the following vote:

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

Noes: None