Board of Supervisors Minutes: June 16, 2020

200476 [Settlement of Lawsuit - Deshaun Roberts, by and through his Guardian ad Litem, Jasmine Robinson - $55,000] Ordinance authorizing settlement of the lawsuit filed by Deshaun Roberts, by and through his Guardian ad Litem, Jasmine Robinson against the City and County of San Francisco for $55,000; the lawsuit was filed on August 23, 2019, in United States District Court, Case No. 3:19-cv-5280-SK; entitled Deshaun Roberts, by and through his Guardian ad Litem, Jasmine Robinson v. City of San Francisco, et al.; the lawsuit involves alleged civil rights violations. (City Attorney) PASSED ON FIRST READING The foregoing items were acted upon 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, Walton and Peskin 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. Ordinance No. 093-20 FINALLY PASSED by the following vote:

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

Noes: Stefani

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. Ordinance No. 094-20 FINALLY PASSED by the following vote:

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

200454 [Authorizing Grant Agreements - Public Utilities Commission Green Infrastructure Grant Program - Terms of 20 Years] Sponsors: Fewer; Mandelman Ordinance extending for an additional two years through July 1, 2022, the delegation of authority under Charter, Section 9.118, to the General Manager of the San Francisco Public Utilities Commission (SFPUC), previously authorized by Ordinance No. 26-19, to enter into grant agreements under the SFPUC’s Green Infrastructure Grant Program with terms of up to 20 years and without Commission approval. (Fiscal Impact) Supervisor Mandelman requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

200238 [Grant Agreement Amendment - Low Income Investment Fund - Child Care Facilities and Technical Assistance - $61,034,611 Total Grant Amount] Resolution approving a second modification of the grant between the City and County of San Francisco and Low Income Investment Fund for the provision of child care facilities and technical assistance to support the City’s implementation of the San Francisco Citywide Plan For Early Care and Education, to extend the term up to two years for a total term of July 1, 2017, to June 30, 2022, and to increase the grant amount by $35,657,361 resulting in a revised total grant amount of $61,034,611 to commence following Board approval. (Human Services Agency) (Fiscal Impact) Resolution No. 267-20 ADOPTED by the following vote:

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

200444 [Contract Amendment - CityBase, Inc. - Software as a Service Agreement - Not to Exceed $37,000,000] Resolution authorizing the Office of the Treasurer & Tax Collector to amend a Software as a Service Agreement and support contract with CityBase, Inc., to extend to a five-year term with two options to renew for a period of two years each, for a new term of April 17, 2018, through April 16, 2023, and increasing the contract amount by $27,400,000 for a total amount not to exceed $37,000,000 to commence upon Board of Supervisors and Mayoral approval. (Treasurer-Tax Collector) (Fiscal Impact) Resolution No. 269-20 ADOPTED by the following vote:

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

200520 [Accept and Expend Grant - Retroactive - Federal Emergency Management Agency through California Office of Emergency Services - Hazard Mitigation Grant Program - 2019 Update of Local Hazard Mitigation Plan - $150,000] Sponsor: Mayor Resolution retroactively authorizing the Office of the City Administrator to accept and expend funds in the amount of $150,000 from the Federal Emergency Management Agency through the California Office of Emergency Services for the Hazard Mitigation Grant Program to support San Francisco’s 2019 update to the 2014 Local Hazard Mitigation Plan, for the project period from September 16, 2019, through April 16, 2022. Resolution No. 270-20 ADOPTED by the following vote:

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

200441 [Settlement of Lawsuit - Brian Soo - $50,500] Ordinance authorizing settlement of the lawsuit filed by Brian Soo against the City and County of San Francisco for $50,500; the lawsuit was filed on May 18, 2017, in San Francisco Superior Court, Case No. CGC-17-559042; entitled Brian Soo v. City and County of San Francisco; the lawsuit involves alleged personal injury on a City street. (City Attorney) In accordance with legal advice received from the Office of the City Attorney, Supervisor Mar disclosed that he personally knows the individual involved in the proposed settlement in their capacity as a physical therapist; although, this familiarity does not prohibit Supervisor Mar from voting on this matter. PASSED ON FIRST READING by the following vote:

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

191189 [Initiating Landmark Designation - 4767-4773 Mission Street (aka New Royal Bakery and Metapan Pupuseria)] Sponsors: Safai; Peskin Resolution initiating a landmark designation under Article 10 of the Planning Code for 4767- 4773 Mission Street (aka New Royal Bakery and Metapan Pupuseria), Assessor’s Parcel Block No. 6084, Lot No. 021. Resolution No. 266-20 ADOPTED by the following vote:

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

200419 [Adopt the Hazards and Climate Resilience Plan as the 2020 Local Hazard Mitigation Plan] Resolution adopting the Hazards and Climate Resilience Plan as San Francisco’s update to the 2014 Local Hazard Mitigation Plan. (City Administrator) Resolution No. 268-20 ADOPTED by the following vote:

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

200452 [Charter Amendment - Requirements for Commission Membership] Sponsors: Walton, Yee, Mar, Fewer, Ronen, Safai, Peskin, Mandelman, Preston, Stefani and Haney Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to require that members of boards, commissions, and advisory bodies be residents of the City and of legal voting age, replacing the requirement that members of boards, commissions, and advisory bodies be United States citizens and registered voters; at an election to be held on November 3, 2020. Supervisor Walton, seconded by Supervisor Mandelman, moved that this Charter Amendment 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

200572 [Appointment, Ethics Commission - Larry Bush] Motion appointing Larry Bush, term ending February 1, 2023, to the Ethics Commission. (Rules Committee) Motion No. M20-068 APPROVED by the following vote:

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

roposed 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 opening remarks, indicating a motion will be made to continue this appeal to a later date. The President then inquired as to whether any individual wished to address the Board regarding the proposed continuance. Theo Gordon; Sarah Oglesby; spoke in opposition to the appeal and in support of the project. There were no other speakers. President Yee closed public comment on the continuance. Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Hearing 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

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 Peskin, moved that this Motion 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

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 Peskin, moved that this Motion 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

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 Peskin, moved that this Motion 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

200632 [Concurring in Actions to Meet Local Emergency - Coronavirus Response - Seventeenth and Eighteenth Supplements] Sponsor: Yee Motion concurring in actions taken by the Mayor in the Seventeenth and Eighteenth Supplements to the Proclamation of Emergency, released on June 2, 2020, and June 9, 2020, to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic. Motion No. M20-069 APPROVED Roll call on the motion to pass the For Adoption Without Committee Reference agenda was partially taken, and interrupted before it was completed. Supervisor Peskin, seconded by Supervisor Stefanik, moved to suspend the provisions of Board Rule 5.23 and rescind the partial vote in order to consider File No. 200626 separately. The motions to suspend the provisions of the Rules and rescind the partial vote carried by the following vote:

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

The foregoing items were acted upon by the following vote:

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

200626 [Opposing California State Senate Bill No. 1085 (Skinner) - Expanded State Density Bonus Law - Unless Amended] Sponsors: Peskin; Walton, Ronen, Preston, Fewer, Mar, Mandelman and Yee Resolution opposing California State Senate Bill No. 1085, authored by Senator Nancy Skinner, and urging the San Francisco Legislative Delegation to amend Senate Bill No. 1085 in recognition of San Francisco’s local planning and affordable housing tools. Supervisors Mar, Mandelman, and Yee requested to be added as co-sponsors. Resolution No. 273-20 ADOPTED by the following vote:

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

200633 [Supporting Variance to Progress Further into State’s COVID-19 Resilience Roadmap] Sponsor: Yee Motion supporting the Health Officer’s attestation for a local variance to allow San Francisco to progress further into California’s COVID-19 Resilience Roadmap as the Health Officer determines is appropriate based on local health conditions and directing Clerk of the Board to prepare a letter of support. Privilege of the floor was granted unanimously to Dr. Grant Colfax, Director of Health, Dr. Tomas Aragon, Health Officer, and Dr. Susan Philip (Department of Public Health); Carmen Chu, Assessor-Recorder (Office of the Assessor-Recorder); and Sophia Kittler (Mayor’s Office); who responded to questions raised throughout the discussion. Motion No. M20-070 APPROVED by the following vote:

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