Board of Supervisors Minutes: June 2, 2020

200457 [Administrative Code - COVID-19 Tenant Protections For SRO Residents] Sponsors: Peskin; Safai, Fewer, Walton and Yee Ordinance amending the Administrative Code to prohibit landlords of residential hotel units (SROs) from evicting tenants for non-payment of rent that was not paid due to the COVID-19 pandemic, and from imposing late fees, penalties, or similar charges on such tenants; to establish a COVID-19 SRO Relief Fund to cover such rent payments; and making findings as required by the California Tenant Protection Act of 2019. Ordinance No. 089-20 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

200331 [Lease Agreement - Avis Budget Car Rental, LLC - On-Airport Rental Car Operations - $11,076,378 Minimum Annual Guarantee] Resolution approving the On-Airport Rental Car Operations Lease No. 18-0343, between Avis Budget Car Rental, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years with two two-year options to extend, and a minimum annual guarantee of $11,076,378 for the first year of the Lease, to commence upon Board approval. (Airport Commission) Resolution No. 236-20 ADOPTED by the following vote:

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

Noes: None

200332 [Lease Agreement - Enterprise Rent-A-Car Co of San Francisco, LLC - On-Airport Rental Car Operations - $16,087,548 Minimum Annual Guarantee] Resolution approving the On-Airport Rental Car Operations Lease No. 18-0342, between Enterprise Rent-A-Car Co of San Francisco, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years with two two-year options to extend, and a minimum annual guarantee of $16,087,548 for the first year of the Lease, to commence following Board approval. (Airport Commission) Resolution No. 237-20 ADOPTED by the following vote:

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

Noes: None

200333 [Lease Agreement - The Hertz Corporation - On-Airport Rental Car Operations - $16,501,462 Minimum Annual Guarantee] Resolution approving the On-Airport Rental Car Operations Lease No. 18-0341, between The Hertz Corporation, as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years with two two-year options to extend, and a minimum annual guarantee of $16,501,462 for the first year of the Lease, to commence following Board approval. (Airport Commission) Resolution No. 238-20 ADOPTED by the following vote:

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

Noes: None

200334 [Lease Agreement - Sixt Rent a Car, LLC - On-Airport Rental Car Operations - $3,501,004.32 Minimum Annual Guarantee] Resolution approving the On-Airport Rental Car Operations Lease No. 18-0344, between Sixt Rent a Car, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years with two two-year options to extend, and a minimum annual guarantee of $3,501,004.32 for the first year of the Lease, to commence following Board approval. (Airport Commission) Resolution No. 239-20 ADOPTED by the following vote:

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

Noes: None

200357 [Grant Agreement - Homebridge, Inc. - Contract Mode In-Home Supportive Services - Not-to-Exceed $142,265,270] Resolution authorizing the Executive Director of the Human Services Agency to execute a Grant Agreement between the City and County of San Francisco, acting by and through its Human Services Agency, and Homebridge, Inc., for the provision of contract mode in-home supportive services for the period of July 1, 2020, to June 30, 2025, in an amount not-to-exceed $142,265,270. (Human Services Agency) (Fiscal Impact) Resolution No. 240-20 ADOPTED by the following vote:

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

Noes: None

200425 [Updated Conditional Property Exchange Agreement - EQX JACKSON SQ HOLDCO LLC - Potential Exchange of 530 Sansome Street for a Portion of 425-439 Washington Street] Sponsors: Mayor; Peskin Resolution approving an updated Conditional Property Exchange Agreement (CPEA) with EQX JACKSON SQ HOLDCO LLC, a Delaware limited liability company, for a proposed future transfer of City real property at 530 Sansome Street (Assessor’s Parcel Block No. 0206, Lot No. 017) under the jurisdiction of the Fire Department in exchange for a portion of the real property at 425-439 Washington Street (Assessor’s Parcel Block No. 0206, Lot Nos. 013 and 014), subject to several conditions, as defined herein; and finding that the CPEA is a conditional land acquisition agreement under California Environmental Quality Act Guidelines, Section 15004(b)(2)(A), and subject to the City’s discretionary approval after the completion of environmental review. Resolution No. 242-20 ADOPTED by the following vote:

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

Noes: None

very of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $49,132,841 for the purpose of providing financing for the construction of a 141-unit multifamily rental housing project known as “Mission Bay South Block 9;” approving the form of and authorizing the execution of a funding loan agreement, providing the terms and conditions of the loan from the funding lender to the City, and the execution and delivery of the note; approving the form of and authorizing the execution of a project loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 244-20 ADOPTED by the following vote:

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

Noes: None

exceed $67,760,000 for the purpose of providing financing for the acquisition and rehabilitation of a 104-unit (includes one resident manager unit) multifamily rental housing project located at 1049 Golden Gate Avenue, known as the “Frederick Douglas Haynes Apartments;” approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 245-20 ADOPTED by the following vote:

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

Noes: None

200460 [Accept and Expend Grant - Retroactive - California Department of Public Health - Hepatitis C Virus (HCV) Prevention and Control Activities - $190,406] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $190,406 from the California Department of Public Health to participate in a program, entitled “Hepatitis C Virus (HCV) Prevention and Control Activities,” for the period of December 1, 2019, to June 30, 2020. Resolution No. 246-20 ADOPTED by the following vote:

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

Noes: None

200465 [Agreement - Retroactive - Zones, LLC. - Microsoft 0365 Subscription and Enterprise Products - Not to Exceed $40,000,000] Sponsor: Fewer Resolution retroactively authorizing the Department of Technology and the Office of Contract Administration to enter an agreement between the City and County of San Francisco and Zones, LLC., for Microsoft Cloud Software and Enterprise Products, for a 39-month term from June 1, 2020, through August 31, 2023, in an amount not to exceed $40,000,000. (Fiscal Impact) Resolution No. 251-20 ADOPTED by the following vote:

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

Noes: None

200461 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Program - $10,267,229 - FY2020-2021] Sponsors: Mayor; Mandelman Resolution approving the FY2020-2021 Housing Opportunities for Persons with AIDS (HOPWA) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 HOPWA Program entitlement from the United States Department of Housing and Urban Development in the amount of $7,067,229 and to expend program income and reprogrammed funds in the amount of $3,200,000 for a combined total of $10,267,229 for the period of July 1, 2020, through June 30, 2025. (Mayor’s Office of Housing and Community Development) Resolution No. 247-20 ADOPTED by the following vote:

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

Noes: None

200462 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development Emergency Solutions Grants Program - $1,595,423 - FY2020-2021] Sponsor: Mayor Resolution approving the FY2020-2021 Emergency Solutions Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 ESG Program entitlement from the United States Department of Housing and Urban Development, in the amount of $1,595,423 for an unspecified period starting July 1, 2020. (Mayor’s Office of Housing and Community Development) Resolution No. 248-20 ADOPTED by the following vote:

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

Noes: None

200464 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development - HOME Investment Partnership Program - $7,804,197 - FY2020-2021] Sponsor: Mayor Resolution approving the FY2020-2021 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 HOME Program entitlement from the United States Department of Housing and Urban Development in the amount of $5,403,449 and to expend program income in the amount of $2,400,748 for a combined total of $7,804,197 for the period of July 1, 2020, through June 30, 2025. Resolution No. 250-20 ADOPTED by the following vote:

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

Noes: None

200463 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development - Community Development Block Grant Program - $25,649,890 - FY2020-2021] Sponsor: Mayor Resolution approving the FY2020-2021 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 CDBG Program entitlement from the United States Department of Housing and Urban Development in the amount of $18,653,085 and to expend program income and reprogrammed funds in the amount of $6,996,805 for a combined total of approximately $25,649,890 for a period beginning July 1, 2020, through the date when all funds are expended. (Mayor’s Office of Housing and Community Development) Resolution No. 249-20 ADOPTED by the following vote:

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

Noes: None

200448 [Report of Delinquent Real Property Transfer Taxes] Resolution confirming report of delinquent real property transfer tax under Business and Tax Regulations Code, Section 1115.1(c), for Assessor's Parcel Block No. 0269, Lot No. 004 (364 Bush Street), and directing transmission of said report to the Controller and Tax Collector for collection and deposit into the General Fund. (Assessor-Recorder) Resolution No. 243-20 ADOPTED by the following vote:

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

Noes: None

200549 [Final Map 9331 - 6333-6335 3rd Street] Motion approving Final Map 9331, a two lot subdivision: lot 1 being a three residential unit and one commercial unit mixed-use condominium project and lot 2 being a three residential unit and one commercial unit mixed-use condominium project located at 6333-6335 3rd Street, being a subdivision of Assessor’s Parcel Block No. 4968, Lot No. 036; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-062 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

200529 [Supporting California State Senate Bill No. 939 (Wiener) - Commercial Tenancies and Evictions] Sponsors: Stefani; Safai and Mandelman Resolution supporting California State Senate Bill No. 939, authored by Senator Scott Wiener and coauthored by Assembly Members David Chiu and Phil Ting, to protect businesses and non-profit organizations from evictions, and permit small businesses or restaurants that have experienced a decline in revenue during the shelter-in-place to renegotiate or terminate their commercial leases. Supervisor Safai requested to be added as a co-sponsor. Supervisor Stefani, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of June 23, 2020. The motion carried by the following vote:

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

Noes: None

200550 [Authorizing the Shelter Monitoring Committee to Hold Public Meetings] Sponsors: Haney; Preston and Ronen Motion authorizing the Shelter Monitoring Committee to meet remotely during the COVID-19 Shelter in Place Order. Supervisor Preston requested to be added as a co-sponsor. Supervisor Haney, seconded by Supervisor Preston, moved that this Motion be CONTINUED to the Board of Supervisors meeting of June 9, 2020. The motion carried by the following vote:

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

Noes: None

200551 [Authorizing the Local Homelessness Coordinating Board to Hold Public Meetings] Sponsors: Haney; Walton, Ronen and Preston Motion authorizing the Local Homelessness Coordinating Board to meet remotely during the COVID-19 Shelter in Place Order. Supervisor Preston requested to be added as a co-sponsor. Supervisor Haney, seconded by Supervisor Preston, moved that this Motion be CONTINUED to the Board of Supervisors meeting of June 9, 2020. The motion carried by the following vote:

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

Noes: None

200552 [Authorizing the Sunshine Ordinance Task Force to Meet in June 2020] Sponsors: Yee; Preston Motion authorizing the Sunshine Ordinance Task Force to schedule up to two meetings via teleconference during June 2020. Supervisor Preston requested to be added as a co-sponsor. APPROVED by the following vote:

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

Noes: None

Supervisor Yee, seconded by Supervisor Stefani, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Yee, seconded by Supervisor Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of June 9, 2020. The motion carried by the following vote:

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

Noes: None

Supervisor Walton requested that File No. 200554 be severed so that it may be considered separately. Supervisor Walton Excused from Voting Supervisor Safai, seconded by Supervisor Mandelman, moved that Supervisor Walton be excused from voting on File No. 200554. The motion carried by the following vote:

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

Noes: None

Excused: Walton

200554 [Appointment, Juvenile Justice Coordinating Council - Supervisor Shamann Walton] Motion appointing Supervisor Shamann Walton, for an indefinite term, to the Juvenile Justice Coordinating Council. (Clerk of the Board) Motion No. M20-063 APPROVED by the following vote:

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

Noes: None

Excused: Walton

aration and Order setting a curfew during this local emergency. Anne Pearson (Office of the City Attorney), Chief William Scott (Police Department), Sheriff Paul Miyamoto (Sheriff’s Department), and Sophia Kittler (Mayor’s Office) presented information and answered questions raised throughout the discussions. President Yee then inquired as to whether any member of the public wished to address the Board regarding the proposed Imperative Agenda items. Francisco Da Costa; Arnold; Alena Kasa; Speaker; Speaker; Speaker; Speaker; Speaker; Kataj; Speaker; Calvin Rick; Carla; Adam; Speaker; Aaron Kishima; Elliott Wile; Natasha Brian; Ryan Poymono; Speaker; Matt; Anna Krasner; spoke in opposition to the Imperative Agenda items. Peter Warfield; Brooke Ashton; Speaker; Speaker; spoke in support of the Imperative Agenda items. The President declared public comment closed. Supervisor Yee, seconded by Supervisor Safai, moved to direct the Clerk of the Board to process all matters acted upon today, refer the Imperative Agenda items to a Recessed Meeting on June 4, 2020, at 2:00 p.m., and further moved that this Motion be CONTINUED to the Recessed Meeting. The motion carried by the following vote:

Ayes: Fewer, Mandelman, Mar, Peskin, Stefani, Yee

Noes: Haney, Preston, Ronen, Safai, Walton

City and County of San Francisco Page 448 Printed at 4:13 pm on 7/2/20 Board of Supervisors Meeting Minutes 6/2/2020 [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Mandelman, seconded by Supervisor Safai, moved ADOPTION of the serious injury finding. The motion carried by the following vote:

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

Noes: None

[Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Mandelman, seconded by Supervisor Safai, moved ADOPTION of the Brown Act finding. The motion carried by the following vote:

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

Noes: None

aration and Order setting a curfew during this local emergency. Anne Pearson (Office of the City Attorney), Chief William Scott (Police Department), Sheriff Paul Miyamoto (Sheriff’s Department), and Sophia Kittler (Mayor’s Office) presented information and answered questions raised throughout the discussions. President Yee then inquired as to whether any member of the public wished to address the Board regarding the proposed Imperative Agenda items. Francisco Da Costa; Arnold; Alena Kasa; Speaker; Speaker; Speaker; Speaker; Speaker; Kataj; Speaker; Calvin Rick; Carla; Adam; Speaker; Aaron Kishima; Elliott Wile; Natasha Brian; Ryan Poymono; Speaker; Matt; Anna Krasner; spoke in opposition to the Imperative Agenda items. Peter Warfield; Brooke Ashton; Speaker; Speaker; spoke in support of the Imperative Agenda items. The President declared public comment closed. Supervisor Yee, seconded by Supervisor Safai, moved to direct the Clerk of the Board to process all matters acted upon today, refer the Imperative Agenda items to a Recessed Meeting on June 4, 2020, at 2:00 p.m., and further moved that this Motion be CONTINUED to the Recessed Meeting. The motion carried by the following vote:

Ayes: Fewer, Mandelman, Mar, Peskin, Stefani, Yee

Noes: Haney, Preston, Ronen, Safai, Walton