Board of Supervisors Minutes: June 9, 2020

Members are expected to be attentive and prepared when a roll call begins. Supervisor Fewer, seconded by Supervisor Peskin, moved to suspend the provisions of Board Rule 5.23 and rescind the partial vote. The motions to suspend the provisions of the Rules and rescind the partial vote carried without objection. Supervisor Fewer, seconded by Supervisor Mandelman, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 10-18, by adding ‘Section 4. Reporting Requirements. (a) Within seven business days of the execution of an amendment to an existing agreement under the authority of Section 3 of this emergency ordinance, the Purchaser or the department entering into the amendment, in consultation with the Controller, shall advise the Board of Supervisors of such amendment; (b) Within ten business days of the expiration of this emergency ordinance, the Purchaser, in consultation with the Controller, shall submit a report to the Board of Supervisors listing all agreements that were amended under the authority of Section 3 of this emergency ordinance.’; and making other clarifying and conforming changes. The motion carried by the following vote:

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

(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

200376 [Accept and Expend Grants - Retroactive - Federal Aviation Administration - Noise Insulation Program Grant - Not to Exceed $7,777,039] Sponsor: Mayor Resolution retroactively authorizing the Airport Commission to accept and expend grants in an amount not to exceed $7,777,039 and any additional amounts up to 15% of the original grant, that may be offered from the Federal Aviation Administration for the continuation and expansion of the Noise Insulation Program, contingent on receipt by the Airport Commission of one or more grant offers from the Federal Aviation Administration for the period of October 1, 2019, through September 30, 2024. (Fiscal Impact) Resolution No. 241-20 ADOPTED by the following vote:

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

200521 [Accept and Expend Grant - Retroactive - Federal Aviation Administration - CARES Act - Operating Expenses - FY2019-2020 through FY2023-2024 - $254,780,449] Sponsor: Mayor Resolution retroactively authorizing the Airport Commission to accept and expend a grant in the amount of $254,780,449 plus additional amounts up to 15% of the original grant amount that may be offered, from the Federal Aviation Administration for any lawful airport purpose for the period of January 20, 2020, through January 19, 2024, contingent on receipt by the Airport Commission of one or more grant offers from the Federal Aviation Administration. (Airport Commission) Resolution No. 252-20 ADOPTED by the following vote:

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

to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $71,000,000 for 55 Mason Street and 216 Eddy Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $71,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 256-20 ADOPTED by the following vote:

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

to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $60,000,000 for 480 Eddy Street and 75 Dore Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $60,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 257-20 ADOPTED by the following vote:

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

200486 [Multifamily Housing Revenue Bonds - 2340 San Jose Avenue (Balboa Park Upper Yard) - Not to Exceed $80,000,000] Sponsors: Mayor; Safai Resolution approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $80,000,000 for 2340 San Jose Avenue (Balboa Park Upper Yard); authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 258-20 ADOPTED by the following vote:

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

200126 [Supporting Activists Facing Prosecution in Sonoma County - Conditions of Animals in Factory Farms] Sponsors: Haney; Preston Resolution supporting the non-violent activists facing prosecution in Sonoma County over their attempt to expose the conditions of animals in factory farms. Resolution No. 261-20 ADOPTED by the following vote:

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

200170 [Liquor License Transfer - 301 Howard Street - East Cut Traders] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to SoMa Wines and Spirits Inc., doing business as East Cut Traders, located at 301 Howard Street, Suite 120 (District 6), will serve the public convenience or necessity of the City and County of San Francisco; 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. 254-20 ADOPTED by the following vote:

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

200353 [Liquor License Transfer - 375-32nd Avenue/3132 Clement Street - Andronico's Community Market] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Safeway, Inc., doing business as Andronico's Community Market, located at 375-32nd Avenue/3132 Clement Street (District 1), will serve the public convenience or necessity of the City and County of San Francisco; 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. 255-20 ADOPTED by the following vote:

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

200420 [Business and Tax Regulations, Administrative Codes - Temporary Suspension of Vacancy Tax] Sponsor: Peskin Ordinance amending the Business and Tax Regulations Code and Administrative Code to temporarily suspend the imposition of the Vacancy Tax, through December 31, 2021. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 5, by striking ‘2024’ and adding ‘2023’, and Line 6, by striking ‘2023’ and adding ‘2022’; and on Page 6, Line 1, by striking ‘2024’ and adding ‘2023’, and striking ‘2023’ and adding ‘2022’, and Lines 20-23, by adding ‘Section 6. Supermajority Vote Required. In accordance with Section 2909 of Article 29 of the Business and Tax Regulations Code passed by the voters at the March 3, 2020 election, passage of this ordinance by the Board of Supervisors requires an affirmative vote of two-thirds of the Board of Supervisors.’ The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

200392 [Mayoral Appointment, Police Commission - Geoffrey Gordon-Creed] Motion rejecting the Mayor’s nomination for the appointment of Geoffrey Gordon-Creed to the Police Commission, for a four-year term ending April 30, 2024. (Clerk of the Board) (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: April 16, 2020) (Supervisor Stefani dissented in Committee.) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be TABLED. The motion carried by the following vote:

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

200393 [Mayoral Appointment, Police Commission - Nancy Tung] Motion rejecting the Mayor’s nomination for the appointment of Nancy Tung to the Police Commission, for a four-year term ending April 30, 2024. (Clerk of the Board) (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: April 16, 2020) (Supervisor Stefani dissented in Committee.) Motion No. M20-064 APPROVED by the following vote:

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

Noes: Stefani

condominium units, and proposed Lot 4 comprised of two existing residential apartment projects at 3000-3012 Larkin Street and 898 North Point Street, Assessor's Parcel Block No. 0025, Lot No. 024. (District 2) (Appellant: Serge Etcheverry) (Filed May 15, 2020) (Clerk of the Board) President Yee opened the public hearing, indicated that a request has been submitted by the appellant to withdraw this appeal, and inquired as to whether any individual wished to address the Board relating to the appeal of the Tentative Map approval and the proposed withdrawal. Peggy Berlese (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the appeal be withdrawn. Bruce Storrs (Public Works) responded to questions raised throughout the discussion. There was one speaker who was allowed privilege to provide general public comment pursuant to an ADA request (see Public Comment), but there were no other speakers. President Yee closed public comment and declared the public hearing heard and filed. Supervisor Stefani, seconded by Supervisor Mandelman, moved that this Hearing be TABLED. The motion carried by the following vote:

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

200504 [Approving Decision of Public Works and Approving Tentative Map - 3000-3012 Larkin Street and 898 North Point Street] Motion approving the decision of Public Works and approving the Tentative Map for a four lot vertical subdivision with proposed Lot 1 being five new residential condominium units, proposed Lot 2 being one new commercial space, proposed Lot 3 being three new commercial condominium units, and proposed Lot 4 comprised of two existing residential apartment projects at 3000-3012 Larkin Street and 898 North Point Street, Assessor's Parcel Block No. 0025, Lot No. 024; 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 Stefani, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote:

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

200505 [Conditionally Disapproving Decision of Public Works and Disapproving Tentative Map - 3000-3012 Larkin Street and 898 North Point Street] Motion conditionally disapproving the decision of Public Works and disapproving the Tentative Map for a four lot vertical subdivision with proposed Lot 1 being five new residential condominium units, proposed Lot 2 being one new commercial space, proposed Lot 3 being three new commercial condominium units, and proposed Lot 4 comprised of two existing residential apartments projects at 3000-3012 Larkin Street and 898 North Point Street, Assessor's Parcel Block No. 0025, Lot No. 024, subject to the Board of Supervisors’ adoption of written findings in support of the disapproval. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote:

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

200506 [Preparation of Findings Related to the Tentative Map - 3000-3012 Larkin Street and 898 North Point Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a four lot vertical subdivision with proposed Lot 1 being five new residential condominium units, proposed Lot 2 being one new commercial space, proposed Lot 3 being three new commercial condominium units, and proposed Lot 4 comprised of two existing residential apartment projects at 3000-3012 Larkin Street and 898 North Point Street, Assessor's Parcel Block No. 0025, Lot No. 024. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote:

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

200113 [Planning, Building Codes - Reauthorization and Extension of Fee Waiver - Legalization of Unauthorized Dwelling Units] Sponsor: Mar Ordinance amending the Planning and Building Codes to reauthorize the waiver of fees related to granting legal status to existing dwelling units constructed without required permits and extending the waiver through December 31, 2024; requiring annual reports on the fee waiver program; 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. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

200375 [Administrative Code - COVID-19 Tenant Protections] Sponsors: Preston; Ronen, Haney and Walton Ordinance amending the Administrative Code to prohibit landlords from evicting residential tenants for non-payment of rent that was not paid due to the COVID-pandemic; to prohibit landlords from imposing late fees, penalties, or similar charges on such tenants; and making findings as required by the California Tenant Protection Act of 2019. PASSED ON FIRST READING by the following vote:

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

Noes: Stefani

200488 [Freeway Maintenance Agreement Amendment - Caltrans - Incorporate Alemany Boulevard Bicycle Lane Improvements at State Route 101/280 Interchange] Sponsors: Mayor; Ronen Resolution approving the First Amendment to the Freeway Maintenance Agreement between the City and County of San Francisco and the California Department of Transportation, to include City's maintenance of bicycle lanes and paths and cycle tracks along Alemany Boulevard at the Freeway Interchange at State Routes 101 and 280. Resolution No. 259-20 ADOPTED by the following vote:

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

200576 [Emergency Ordinance - Public Health Emergency Leave] Sponsor: Mar Reenactment of emergency ordinance (Ordinance No. 59-20) to temporarily require private employers with 500 or more employees to provide public health emergency leave during the public health emergency related to COVID-19. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Ordinance No. 090-20 FINALLY PASSED by the following vote:

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

200596 [Revision to Board of Supervisors Regular Meeting Schedule - 2020] Sponsor: Yee Motion revising the 2020 Board of Supervisors Regular Meeting Schedule pursuant to Board of Supervisors Rules of Order, Sections 4.2 and 4.2.1, by partially rescinding the approval to cancel all Regular Board of Supervisors and Committee meetings during the summer break, only cancelling Regular Board and Committee meetings from August 1, 2020, through August 7, 2020, and reauthorizing Board and Committee meetings to meet between August 8, 2020, through September 7, 2020. Motion No. M20-066 APPROVED The foregoing items were acted upon by the following vote:

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

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 Ronen requested to be added as a co-sponsor. Supervisor Haney, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote:

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

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 Haney, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote:

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

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 Fewer, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

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

200593 [Opposing Governor Newsom’s May Revision Proposal to Eliminate Adult Day Health Care and Community-Based Adult Services] Sponsors: Yee; Walton, Preston, Safai, Fewer, Mandelman, Mar and Peskin Resolution opposing Governor Newsom’s FY2020-2021 May Revision proposal to eliminate Adult Day Health Care and Community-Based Adult Services. Supervisors Mandelman, Mar, and Peskin requested to be added as co-sponsors. Resolution No. 235-20 ADOPTED by the following vote:

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

200600 [Concurring in Actions to Meet Local Emergency - Coronavirus Response - Sixteenth Supplement] Sponsor: Yee Motion concurring in actions taken by the Mayor in the Sixteenth Supplement to the Proclamation of Emergency, released on May 29, 2020, to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic. APPROVED by the following vote:

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

Supervisor Fewer, seconded by Supervisor Mandelman, 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

Privilege of the floor was granted unanimously to Severin Campell (Office of the Budget and Legislative Analyst) who presented the Budget Analyst Report for this matter and responded to questions raised throughout the discussion. Motion No. M20-067 APPROVED by the following vote:

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

200607 [Opposing California Department of Finance Proposal - Local Property Taxes and ERAF Provisions in the Education Omnibus Trailer Bill] Sponsors: Ronen; Haney, Fewer, Yee, Mandelman, Walton, Stefani, Safai, Preston, Peskin and Mar Resolution urging the California Governor to reject the Department of Finance proposal to shift local property taxes to the state and impose penalties; and calling on the state legislature to strongly oppose the Department of Finance proposal and ERAF provisions in the Education Omnibus Trailer Bill. President Yee opened discussions on the Imperative Agenda item opposing the California Department of Finance proposal regarding local property taxes and ERAF provisions in the Education Omnibus Trailer Bill, and inquired as to whether any individual wished to address the Board. There were no speakers. The President declared public comment closed. Resolution No. 265-20 ADOPTED by the following vote:

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