Board of Supervisors Minutes: June 30, 2020

200243 [Health, Business and Tax Regulations Codes - Overdose Prevention Programs] Sponsors: Mayor; Haney and Mandelman Ordinance amending the Health Code to authorize overdose prevention programs (OPPs) by, among other things: requiring OPPs to obtain a permit from the Department of Public Health, establishing operating standards for OPPs; authorizing the imposition of fines and penalties for violation of local and state laws governing OPPs and establishing a process by which OPPs may appeal a fine or permit penalty; making it a City policy to deprioritize enforcement of laws prohibiting the possession of illegal drugs against individuals who have accepted referral to an OPP; amending the Business and Tax Regulations Code regarding appeals of certain OPP permit decisions; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 105-20 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

200579 [Accept and Expend Gift - Retroactive - EPIC Charitable Fund - Safety Net Gift - $105,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a monetary gift in the amount of $105,000 from the EPIC Charitable Fund to help low income and at-risk populations, for the period of February 28, 2020, through February 27, 2021. (Public Health Department) Resolution No. 297-20 ADOPTED by the following vote:

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

Noes: Peskin

200565 [Proposed Interim Budget and Appropriation Ordinance for Departments - FYs 2020-2021 and 2021-2022] Sponsor: Mayor Proposed Interim Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of June 1, 2020, for the FYs ending June 30, 2021, and June 30, 2022. (Fiscal Impact) Ordinance No. 095-20 FINALLY PASSED by the following vote:

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

Noes: Haney, Preston, Ronen, Safai, Walton

200566 [Proposed Interim Annual Salary Ordinance - FYs 2020-2021 and 2021-2022] Sponsor: Mayor Proposed Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2021, and June 30, 2022, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations. (Fiscal Impact) Ordinance No. 096-20 FINALLY PASSED by the following vote:

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

Noes: Haney, Preston, Ronen, Safai, Walton

200477 [Charter Amendment - 16- and 17-Year-Olds Voting in Municipal Elections] Sponsors: Yee; Fewer, Walton, Ronen, Haney, Safai, Mar, Preston and Mandelman Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to authorize youths aged 16 and 17 to vote in municipal elections; at an election to be held on November 3, 2020. ORDERED SUBMITTED by the following vote:

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

Noes: None

200399 [Business and Tax Regulations Code - Real Property Transfer Tax Refunds] Sponsor: Peskin Ordinance amending the Business and Tax Regulations Code to permit the City Attorney, with the consent of the County Recorder, to allow or settle real property transfer tax claims for refund and lawsuits in excess of $25,000 for any amount up to the amount of transfer tax, penalties, and interest paid that exceeds the amount of transfer tax, penalties, and interest that would have been due on the transaction if the amount due had been calculated using the value of the real property as finally determined by the Assessment Appeals Board. PASSED ON FIRST READING by the following vote:

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

Noes: None

Millennium Tower Association - Millennium Tower 301 Mission Perimeter Pile Upgrade Project - $0] Ordinance approving an Easement Deed and Agreement between the City and County of San Francisco and Millennium Tower Association, for certain surface and subsurface rights in a portion of the sidewalk on the southern side of Mission Street at the intersection of Mission and Fremont Streets and on the eastern side of Fremont Street at the same intersection, for $0 to allow a structural upgrade of the 301 Mission Street high-rise building known as Millennium Tower, contingent on a number of events, including court approval of a class action settlement of the Millennium Tower Litigation; waiving requirements of Administrative Code, Chapter 23; authorizing the Director of Property to execute real estate documents, make certain modifications, and take actions in furtherance of this Ordinance, as defined herein; adopting environmental findings under the California Environmental Quality Act; and adopting findings that the easement is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

200517 [Emergency Ordinance - Delegation of Authority to Amend Certain Leases and Agreements for Affordable Housing] Sponsor: Mayor Emergency ordinance to delegate Board of Supervisors approval authority under Charter, Section 9.118, and Administrative Code, Section 23.30, to the Mayor’s Office of Housing and Community Development (MOHCD) and the Real Estate Division, respectively, to amend certain existing leases regarding residual rent payments by providers of 100% affordable housing projects, in response to the public health emergency related to COVID-19; and to authorize the Director of MOHCD to amend certain existing loan agreements and policies without review by the Citywide Affordable Housing Loan Committee under Administrative Code, Chapter 120. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Walton, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote:

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

Noes: None

200563 [Official Advertising - San Francisco Print Media Co. (dba The San Francisco Examiner) - FY2020-2021] Resolution designating San Francisco Print Media Co. (dba The San Francisco Examiner) to be the official newspaper of the City and County of San Francisco for all official advertising for FY2020-2021. (Office of Contract Administration) Resolution No. 296-20 ADOPTED by the following vote:

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

Noes: None

200613 [Accept and Expend Grant - Governor’s Office of Business and Economic Development Cannabis Equity Grants Program for Local Jurisdictions - $4,995,000] Sponsors: Mayor; Mandelman Resolution authorizing the Office of Cannabis to accept and expend a grant from the Governor’s Office of Business and Economic Development Local Equity Grant Funding program in the amount of $4,995,000 for the period of July 1, 2020, through June 30, 2021; authorizing the Office of the City Administrator to execute the agreement with the Governor’s Office of Economic and Business Development, and any extensions, amendments, or contracts subsequent thereto on behalf of the City and County of San Francisco; and indemnifying the Governor’s Office of Business and Economic Development for liability arising out of the performance of this contract. Resolution No. 298-20 ADOPTED by the following vote:

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

Noes: None

200614 [Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - California Office of Emergency Services - Hazard Mitigation Grant Program - Evaluation of Nonductile Concrete Buildings - $294,431] Sponsor: Mayor Resolution retroactively authorizing the Office of the City Administrator to accept and expend Hazard Mitigation Grant Program funds in the amount of $294,431 from the Federal Emergency Management Agency through the California Office of Emergency Services to support evaluation of city-owned older concrete buildings for the project period from February 5, 2020, through June 7, 2021. Resolution No. 299-20 ADOPTED by the following vote:

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

Noes: None

ovide permanent supportive housing units for chronically homeless households in San Francisco (as referred through the City’s Coordinated Entry System) through the lease and concurrent sublease of a building consisting of 145 units, one manager’s unit, approximately 650 square feet of commercial space, and ancillary program space located at 833 Bryant Street, for an initial 30-year term, with an extension of up to ten years in the event of the occurrence of certain rent abatement events, subject to and will commence after Housing Provider’s satisfaction in the event of the occurrence of certain conditions described below, securing a temporary certificate of occupancy from the San Francisco Department of Building Inspection, anticipated in August 2021, at a not to exceed rent of $2,014,800 annually; authorizing the execution of a Continuing Disclosure Certificate with respect to any bonds issued by the Housing Provider; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Fiscal Impact) Resolution No. 288-20 ADOPTED by the following vote:

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

Noes: None

200616 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development - Community Development Block Grants Coronavirus (CDBG-CV) Program - $10,972,734] Sponsors: Mayor; Safai Resolution approving the CARES Act Community Development Block Grant Coronavirus (CDBG-CV) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s CARES-CV program entitlement from the United States Department of Housing and Urban Development, in the amount of $10,972,734 for period beginning July 1, 2020, through June 30, 2023. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 300-20 ADOPTED by the following vote:

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

Noes: None

200617 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development Emergency Solutions Grants Coronavirus (ESG-CV) Program - $5,501,459] Sponsor: Mayor Resolution approving the CARES Act Emergency Solutions Grants Coronavirus (ESG-CV) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s CARES Act ESG-CV Program entitlement from the United States Department of Housing and Urban Development, in the amount of $5,501,459 for period beginning July 1, 2020, through June 30, 2023. Resolution No. 301-20 ADOPTED by the following vote:

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

Noes: None

200618 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Program Competitive (HOPWA Competitive-CV) - $159,460] Sponsors: Mayor; Mandelman Resolution approving the CARES Act Housing Opportunities for Persons with AIDS Competitive Coronavirus (HOPWA Competitive-CV) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s CARES Act HOPWA Competitive-CV Program grant from the United States Department of Housing and Urban Development, in the amount of $159,460 for the period of July 1, 2020, through June 30, 2023. Resolution No. 302-20 ADOPTED by the following vote:

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

Noes: None

200619 [Apply for, Accept, and Expend Grant - United States Department of Housing and Urban Development - Housing Opportunities for Persons with AIDS Coronavirus (HOPWA-CV) Program - $1,028,483] Sponsors: Mayor; Mandelman Resolution approving the CARES Act Housing Opportunities for Persons with AIDS Coronavirus (HOPWA-CV) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s CARES Act HOPWA-CV Program entitlement from the United States Department of Housing and Urban Development, in the amount of $1,028,483 for the period of July 1, 2020, through June 30, 2023. Resolution No. 303-20 ADOPTED by the following vote:

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

Noes: None

200623 [Accept and Expend Grant - Retroactive - California Department of Public Health - Funding for International AIDS Society for the 23rd Biennial International AIDS Conference - $2,000,000] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $2,000,000 from the California Department of Public Health for participation in a program, entitled “Funding for International Acquired Immunodeficiency Syndrome Society for the 23rd Biennial International Acquired Immunodeficiency Syndrome Conference,” for the period of July 1, 2019, to June 30, 2022. Resolution No. 289-20 ADOPTED by the following vote:

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

Noes: None

200590 [Urging the Department of Public Health and the Medical Examiner to Conduct Epidemiological Post-Mortem COVID-19 Testing and Contact Tracing] Sponsors: Peskin; Preston Resolution urging the Department of Public Health to work with the Office of the Chief Medical Examiner to conduct epidemiological post-mortem COVID-19 testing and contact tracing of deceased San Francisco residents and urging the Office of the Chief Medical Examiner to conduct surveillance swabbing of all decedents to properly identify and certify deaths from the COVID-19 virus and monitor community spread. Supervisor Preston requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: None

200443 [Administrative Code - Requirement for Prospective Contractors to Substantiate Safety Record to be Eligible for a Public Works Contract] Ordinance amending the Administrative Code to include as a mandatory element in the definition of the term “Responsible” substantiation of a record of safe performance on construction projects by the bidder or proposer on a Public Works or Improvement project, and to expressly require construction contract awards for all specific project-delivery methods be made only to Responsible construction contractors. (City Administrator) PASSED ON FIRST READING by the following vote:

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

Noes: None

200262 [Approving Conditional Use Authorization - 1420 Taraval Street] Motion approving the decision of the Planning Commission by its Motion No. 20643, approving a Conditional Use Authorization, identified as Planning Case No. 2018-011904CUA, for a proposed project located at 1420 Taraval 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) Motion No. M20-079 Supervisor Mar, seconded by Supervisor Safai, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Peskin

200263 [Conditionally Disapproving Conditional Use Authorization - 1420 Taraval Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20643, approving a Conditional Use Authorization, identified as Planning Case No. 2018-011904CUA, for a proposed project at 1420 Taraval 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 Mar, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin

200264 [Preparation of Findings Related to Conditional Use Authorization Appeal - 1420 Taraval 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. 2018-011904CUA, for a proposed project at 1420 Taraval Street. (Clerk of the Board) Supervisor Mar, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin

200609 [Emergency Ordinance - Grocery Store, Drug Store, Restaurant, and On-Demand Delivery Service Employee Protections] Sponsors: Haney; Safai Reenactment of emergency ordinance (Ordinance No. 74-20) to temporarily require grocery store, drug store, restaurant, and on-demand delivery service employers to provide health and scheduling protections to employees 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.) Supervisor Safai requested to be added as a co-sponsor. Ordinance No. 110-20 FINALLY PASSED by the following vote:

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

Noes: None

200671 [Final Map 9856 - Yerba Buena Island] Motion approving phased Final Map No. 9856 relating to portions of Yerba Buena Island, the merger of Lot 21 and Lot 23 (portion) of Final Transfer Map No. 8674, the merger of Lots STT-L1 and STT-F1 of Record of Survey No. 10106, and the resubdivision of Lots F and L of Final Map No. 9228; resulting in up to 189 residential condominium units, open space and public right-of-way, subject to specified conditions; and acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-082 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

200680 [Urging State Lawmakers to Explore New Revenue Options - Ensure Funding for Safety Net Programs] Sponsors: Preston; Ronen, Walton, Haney, Peskin, Mar, Fewer, Yee and Mandelman Resolution urging members of our State Assembly and Governor to explore new revenue generating options, including a millionaire tax to ensure safety net programs are not cut at the state level due to an unanticipated $54.3 billion-dollar deficit as a result of the COVID-19 pandemic. Supervisors Walton, Haney, Peskin, Mar, Fewer, Yee, and Mandelman requested to be added as co-sponsors. Resolution No. 304-20 ADOPTED by the following vote:

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

Noes: None

200681 [Supporting California State Assembly Bill No. 1436 (Chiu) - Protecting Tenants from Rental Default During the COVID-19 State of Emergency] Sponsors: Walton; Preston, Mandelman and Fewer Resolution supporting California State Assembly Bill No. 1436, authored by Assembly Member David Chiu, and co-authored by Assembly Members Rob Bonta, Lorena Gonzalez, Miguel Santiago, and Buffy Wicks, to protect tenants from rental payment default during the COVID-19 State of Emergency. Supervisors Mandelman and Fewer requested to be added as co-sponsors. Resolution No. 305-20 ADOPTED by the following vote:

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

Noes: None

200689 [Alex Long Day - July 1, 2020] Sponsors: Stefani; Fewer Resolution declaring July 1, 2020, Alex Long Day in the City and County of San Francisco. Supervisor Fewer requested to be added as a co-sponsor. Resolution No. 307-20 ADOPTED by the following vote:

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

Noes: None