Board of Supervisors Minutes: October 27, 2020

201061 [Police, Transportation Codes - Motor Vehicle Stunt Driving] Sponsors: Safai; Peskin, Walton, Stefani, Mandelman, Fewer and Yee Ordinance amending the Police and Transportation Codes to establish a City policy to protect the health and safety of residents by enforcing state laws prohibiting reckless driving, motor vehicle speed contests, and exhibitions involving stunts and tricks with vehicles; and to provide that vehicles that are removed for violation of such laws shall be impounded for no less than 14 days for the first incident, no less than 15 days for the second, and no less than 29 days for the third, with no impoundment lasting more than 30 days. Ordinance No. 212-20 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

201062 [Administrative Code - Vehicles Owned or Leased by the City] Sponsors: Yee; Peskin, Preston, Safai, Walton, Fewer and Mandelman Ordinance amending the Administrative Code to require City departments to report annually information about the number, cost, and usage of vehicles the departments have rented for periods of longer than 30 days; to authorize the City Administrator to inspect or provide maintenance upon request for any vehicle rented, leased, or owned by the City; to require departments to submit information to the City Administrator and the Board of Supervisors regarding the usage and safety of City vehicles; and to authorize the City Administrator to require departments to develop correction plans to reduce speeding, idling, and/or collisions involving City vehicles. Ordinance No. 225-20 FINALLY PASSED by the following vote:

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

Noes: None

201152 [Appropriation and De-Appropriation - District 7 General City - Various Departments and ADM - District 7 Participatory Budget and Disaster Planning - $282,598; DPW - District 7 Play Space - $25,000; SFMTA - District 7 Vision Zero - $250,000 - FY2020-2021] Sponsor: Yee Ordinance de-appropriating $282,598 from District 7 General City Responsibility (GEN) and appropriating $235,598 to various departments to support District 7 Participatory Budgeting projects and $47,000 to the Office of City Administrator (ADM) to support District 7 Disaster Planning projects; de-appropriating $25,000 from the Department of Public Works (DPW) and appropriating $25,000 to support various District 7 Play Space projects in the Recreation and Park Department in Fiscal Year (FY) 2020-2021; and de-appropriating $250,000 from San Francisco Municipal Transportation Agency (SFMTA) and appropriating $250,000 to support various District 7 Vision Zero projects at SFMTA in FY2020-2021. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

180284 [Lease Amendment - Retroactive - United States Customs and Border Protection - Customs Cargo Office Space at Building 648 - Annual Rent of $833,036] Resolution retroactively approving Amendment No. 1 to Lease No. TC-I-02-2801 between the United States Customs and Border Protection, and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term of the lease for an additional ten years for a total term of February 1, 2003, through January 31, 2028, and adjust the annual rent to $833,036. (Airport Commission) Resolution No. 519-20 ADOPTED by the following vote:

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

Noes: None

200967 [Lease Modification - United States Government - Offices in Terminal 3 - Annual Rent $569,635.43] Resolution approving Modification No. 1 of Lease No. GS-09P-LCA03384, between the United States (U.S.) Government and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term by three years, for a new term ending September 30, 2023, and adjust the annual rent, increasing the annual rent to $569,635.43 for offices occupied by the U.S. Drug Enforcement Administration at Terminal 3, to commence following approval by the Board of Supervisors. (Airport Commission) Resolution No. 510-20 ADOPTED by the following vote:

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

Noes: None

200968 [Lease Modification - United States Government - International Terminal, Terminal 2, and Land at Plot 50-DJ - Annual Rent $2,590,866.56] Resolution approving Modification No. 2 of Lease No. GS-09B-03014, between the United States (U.S.) Government and the City and County of San Francisco, acting by and through its Airport Commission, to extend the lease term for an additional three years, for a total term of November 1, 2012, through October 31, 2023, adjust the premises by adding 0.057 acres on Plot 50-DJ, and adjust the annual rent for offices to $2,590,866.56 occupied by the U.S. Transportation Security Administration at the International Terminal, and Terminal 2 and land at Plot 50-DJ, to commence following Board approval. (Airport Commission) Resolution No. 511-20 ADOPTED by the following vote:

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

Noes: None

201083 [Lease Amendment - 100 Blanken Avenue - Celestina Jimenez and Alan Salvador Jimenez, Co-Trustees - $90,000 Per Year in Base Rent] Resolution approving and authorizing the Director of Property, on behalf of the Department of Public Health, to amend the lease of real property located at 100 Blanken Avenue from Celestina Jimenez and Alan Salvador Jimenez, Co-Trustees of the Trust of Salvador-Jimenez and Celestina Jimenez-Surviving Spouses Trust, at a base rent of $90,000 per year with 3% annual increases, for an initial term commencing upon approval of this Resolution and expiring on September 30, 2023, plus two one-year options to extend; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the First Amendment, the Lease and this Resolution, as defined herein. (Real Estate Department) Resolution No. 512-20 ADOPTED by the following vote:

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

Noes: None

201099 [Apply for Funds Allocation - California Department of Housing and Community Development - Child Welfare Agency Allocation - Transitional Housing Program - Not to Exceed $459,200] Sponsor: Yee Resolution authorizing the Human Services Agency to apply for and accept a County Child Welfare Agency Allocation for an amount not to exceed $459,200 from the California Department of Housing and Community Development under the Transitional Housing Program to help young adults secure and maintain housing. Resolution No. 513-20 ADOPTED by the following vote:

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

Noes: None

201134 [Accept In-Kind Gift - Tipping Point Community - Diversity Equity Inclusion Consultant Services - Value Not to Exceed $249,999] Sponsor: Mayor Resolution authorizing the Department of Homelessness and Supportive Housing (“HSH”) to accept an in-kind gift for Diversity Equity Inclusion consultant services in a value not to exceed $99,999 from Tipping Point Community to support the first phase of the development of racial equity action plans for HSH and Homelessness Response System (“Project”); and authorizing HSH to accept an additional in-kind gift of consultant services in a value not to exceed $150,000 for a second phase of this Project, for a total value not to exceed $249,999 and for the total term to commence upon Board approval and to expire no later than June 30, 2021. Resolution No. 503-20 ADOPTED by the following vote:

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

Noes: None

201135 [Contract Agreement - Thales Transport & Security, Inc. - ATCS Specific Technical Services, Equipment, and Software Upgrades - Not to Exceed $30,000,000] Sponsor: Mayor Resolution approving Municipal Transportation Agency Contract No. 2020-20: Train Control Services and Equipment Purchases Agreement, with Thales Transport & Security, Inc. to provide specialized ATCS-specific technical services, equipment and software upgrades in an amount not to exceed $30,000,000, for an initial term of seven years with option to extend two years, to commence following Board approval. (Fiscal Impact) Resolution No. 514-20 ADOPTED by the following vote:

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

Noes: None

201137 [Accept and Expend Grant - Retroactive - Health Resources and Services Administration - Ending the HIV Epidemic: A Plan for America - Ryan White HIV/AIDS Program Parts A and B - $1,000,000] Sponsor: Mandelman Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,000,000 from the Health Resources and Services Administration for participation in a program, entitled “Ending the HIV Epidemic: A Plan for America - Ryan White HIV/AIDS Program Parts A and B,” for the period of March 1, 2020, through February 28, 2021. Resolution No. 504-20 ADOPTED by the following vote:

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

Noes: None

of which will be loaned by the Authority (Borrower Loan) to Pacific Primary School, a California nonprofit public benefit corporation and an organization described in, and exempt from tax under, Section 501(c)(3) of the Code (Borrower), to (i) prepay and refinance in full all of the outstanding principal amount of Association of Bay Area Governments (ABAG) Finance Authority for Nonprofit Corporations 2013 Tax-Exempt Loan (Pacific Primary), originally issued in the principal amount of $4,100,000 the proceeds of which were used to redeem in full all of the then outstanding principal amount of ABAG Finance Authority for Nonprofit Corporations Variable Rate Demand Revenue Bonds (Pacific Primary) Series 2008, originally issued in the principal amount of $4,550,000 the proceeds of which were used for the construction, acquisition, improvement, capital maintenance, equipment acquisition and other related capital expenditures at the Borrower’s facilities located at 1500 and 1501 Grove Street, San Francisco, California and (ii) pay certain expenses incurred in connection with the delivery of the Borrower Loan (collectively, the Project). Resolution No. 515-20 ADOPTED by the following vote:

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

Noes: None

181229 [Affirming the Board of Supervisors’ Commitment to Advancement of Racial Equity in the City and County Programs, Policies and Services] Sponsors: Walton; Ronen, Mar, Haney, Mandelman, Preston, Fewer, Safai and Yee Resolution affirming the Board of Supervisors’ commitment to advancing racial equity; and affirming the City and County of San Francisco’s responsibility to address existing inequities in City programs, policies, and services. Supervisors Haney, Mandelman, Preston, Fewer, Safai, and Yee requested to be added as co-sponsors. Resolution No. 509-20 ADOPTED by the following vote:

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

Noes: None

200537 [Administrative Code - Floodplain Management and Flood Insurance Requirements] Ordinance amending the Administrative Code to update the City’s floodplain management requirements to conform to current Federal floodplain management and National Flood Insurance Program criteria; to remove obsolete provisions; and affirming the Planning Department’s determination under the California Environmental Quality Act. (City Administrator) PASSED ON FIRST READING by the following vote:

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

Noes: None

200611 [Administrative Code - COVID-19 Rent Resolution and Relief Fund] Sponsors: Preston; Ronen, Mar, Walton, Haney, Fewer and Safai Ordinance amending the Administrative Code to establish the COVID-19 Rent Resolution and Relief Fund, to provide financial support to landlords whose tenants have been unable to pay rent due to the COVID-19 pandemic. Supervisors Fewer 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

201183 [Administrative Code - Housing Stability Fund] Sponsors: Preston; Ronen, Mar, Walton, Haney and Fewer Ordinance amending the Administrative Code to establish the Housing Stability Fund for the acquisition, creation, and operation of affordable Social Housing Developments, and establishing the Housing Stability Fund Oversight Board to advise the Board of Supervisors regarding the use of the Housing Stability Fund. Supervisor Fewer requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

200951 [Administrative Code - Department of Public Health - Providing Staff for the Behavioral Health Commission] Sponsors: Stefani; Mar, Peskin, Mandelman, Yee, Walton, Haney and Safai Ordinance amending the Administrative Code to require the Department of Public Health to provide administrative staff to support the Behavioral Health Commission; to expand the membership criteria to conform to state law; and to reset all Commission member terms as of January 1, 2021, to be staggered so that no more than one-third of the members’ terms expire at one time. Supervisors Mandelman, Yee, Walton, Haney, 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

201084 [Mayoral Appointment, Planning Commission - Rachael Tanner] Motion approving the mayoral nomination for the appointment of Rachael Tanner to the Planning Commission, for a term ending June 30, 2022. (Clerk of the Board) (Charter, Section 4.105, 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: September 22, 2020.) Motion No. M20-159 APPROVED by the following vote:

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

Noes: None

ation of exemption from environmental review under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on April 8, 2019, for the proposed project at 617 Sanchez Street, Assessor’s Parcel Block No. 3600, Lot No. 055; to demolish an existing two-story, one family house and construct a new four-story single family dwelling approximately 30 feet in height and consisting of 4,149 square feet within the RH-1 (Residential House, One-Family-Detached) Zoning District and a 40-X Height and Bulk District. (District 8) (Appellant: Sue Hestor, on behalf of Joerg Rathenberg) (Filed March 23, 2020) (Clerk of the Board) President Yee opened the public hearing and Supervisor Mandelman indicated he would be making a motion to continue this matter to a future date. The President then inquired as to whether any individual wished to address the Board on the proposed continuance. There were no speakers. President Yee closed public comment on the proposed continuance. Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of November 17, 2020. The motion carried by the following vote:

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

Noes: None

Absent: Ronen

200826 [Affirming the Categorical Exemption Determination - 617 Sanchez Street] Motion affirming the determination by the Planning Department that the proposed project at 617 Sanchez Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 17, 2020. The motion carried by the following vote:

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

Noes: None

Absent: Ronen

200827 [Conditionally Reversing the Categorical Exemption Determination - 617 Sanchez Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 617 Sanchez Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 17, 2020. The motion carried by the following vote:

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

Noes: None

Absent: Ronen

200828 [Preparation of Findings to Reverse the Categorical Exemption Determination - 617 Sanchez Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 617 Sanchez Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 17, 2020. The motion carried by the following vote:

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

Noes: None

Absent: Ronen

200948 [Administrative Code - Community Opportunity to Purchase Act] Sponsors: Fewer; Walton, Yee, Mandelman, Mar, Preston, Peskin, Ronen and Haney Ordinance amending the Administrative Code to require sellers of multifamily residential buildings to provide a new right of first offer and right of first refusal to qualified nonprofit organizations if a multifamily residential building is not under contract or remains unsold after one year and after each year thereafter; require sellers to provide additional disclosures to qualified nonprofit organizations; provide information to current tenants, and assist qualified nonprofits with due diligence; and allow multifamily residential buildings acquired by qualified nonprofit organizations under the Community Opportunity to Purchase Act (COPA) to convert to a limited equity cooperative under Subdivision Code Division 11; and exclude from COPA land dedications to the City and County of San Francisco. Supervisors Peskin, Ronen, and Haney 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

201201 [Concurring in Actions to Meet Local Emergency - Coronavirus Response - Thirtieth Supplement] Sponsor: Yee Motion concurring in actions taken by the Mayor in the Thirtieth Supplement to the Proclamation of Emergency to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic by revising the program provisions that provided additional hours of new paid sick leave to City employees. Motion No. M20-160 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

201202 [Condemning Ongoing Attacks in the Artsakh Republic and Urging the United States to Broker Cessation of Hostilities] Sponsors: Yee; Safai, Peskin and Stefani Resolution condemning the hostile military attacks escalating the conflict between Azerbaijan and Armenia; affirming support of House Resolution 1165, authored by Congresswoman Jackie Speier; and urging the United States to help broker a peaceful resolution and return to a ceasefire agreement. Supervisors Safai, Peskin, and Stefani requested to be added as a co-sponsor. Resolution No. 518-20 ADOPTED by the following vote:

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

Noes: None