Board of Supervisors Minutes: November 17, 2020

201056 [Administrative Code - Eviction of Commercial Tenants During COVID-19 Pandemic] Sponsors: Peskin; Preston, Mar, Walton, Safai, Ronen, Mandelman, Yee, Fewer and Haney Ordinance amending the Administrative Code to temporarily restrict landlords from evicting commercial tenants for non-payment of rent that was not paid due to the COVID-19 pandemic. Ordinance No. 242-20 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

201193 [Standard Agreement - California Department of Housing and Community Development - Homekey Grant - Permanent Supportive Housing - Tourist Hotel at 440 Geary Street - Not to Exceed $30,000,000] Sponsors: Mayor; Peskin Resolution authorizing the Department of Homelessness and Supportive Housing (HSH) to execute a Standard Agreement and Homekey Documents for up to $30,000,000 of Homekey grant funds from the California Department of Housing and Community Development to Episcopal Community Services for the acquisition of a 130-room tourist hotel located at 440 Geary Street (Assessor’s Parcel Block No. 0306, Lot No. 007) for use as proposed future permanent supportive housing; approving and authorizing HSH to commit approximately $27,473,340 in City funds to satisfy local match and operational subsidy requirements for five years, to commence following Board approval and upon the final award; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Supervisor Peskin requested to be added as a co-sponsor. Resolution No. 527-20 ADOPTED by the following vote:

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

Noes: None

200701 [Building Code, Environment Code - Mandating New Construction Be All-Electric] Sponsors: Mandelman; Preston, Mar, Haney, Walton and Safai Ordinance amending the Building Code to require new construction to utilize only electric power; amending the Environment Code to provide public hearings on implementation of all-electric requirements; adopting findings of local conditions under the California Health and Safety Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisor Safai requested to be added as a co-sponsor. Ordinance No. 237-20 FINALLY PASSED by the following vote:

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

Noes: None

200787 [Administrative Code - Selection of Contractors From a Pre-Qualified List and Under As-Needed Public Works Professional Services Contract Reform] Sponsors: Stefani; Safai, Haney, Peskin, Mar, Mandelman and Yee Ordinance amending the Administrative Code to require notification to prequalified contractors and written documentation of contractor selection from pre-qualified lists, and written documentation of contractor selection for work assigned under as-needed Public Works professional services contracts; and to require the Controller to audit such selection documentation. Supervisors Mandelman and Yee 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

201045 [Memorandum of Understanding - San Francisco Fire Fighters Local 798, Unit 1] Sponsor: Mayor Ordinance adopting and implementing the Second Amendment to the 2018-2021 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Association Local 798, Unit 1, to defer wage increases currently set for Fiscal Year 2020-2021, extend the term by two years, and set wages for the additional term. PASSED ON FIRST READING by the following vote:

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

Noes: None

201046 [Memorandum of Understanding - San Francisco Fire Fighters Local 798, Unit 2] Sponsor: Mayor Ordinance adopting and implementing the Third Amendment to the 2018-2021 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Association Local 798, Unit 2, to defer wage increases currently set for Fiscal Year 2020-2021, extend the term by two years, and set wages for the additional term. PASSED ON FIRST READING by the following vote:

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

Noes: None

201047 [Memorandum of Understanding - Municipal Executives Association] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association, to update the grievance procedures. PASSED ON FIRST READING by the following vote:

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

Noes: None

201048 [Memorandum of Understanding - Municipal Executives Association - Fire] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2018-2021 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association - Fire, to defer wage increases currently set for Fiscal Year 2020-2021, extend the term by two years, and set wages for the additional term. PASSED ON FIRST READING by the following vote:

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

Noes: None

201049 [Memorandum of Understanding - Municipal Executives Association - Police] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2018-2021 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association - Police, to defer wage increases currently set for Fiscal Year 2020-2021, amend the retention premium provisions, extend the term by two years, and set wages for the additional term. PASSED ON FIRST READING by the following vote:

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

Noes: None

201051 [Memorandum of Understanding - Service Employees International Union, Local 1021] Sponsor: Mayor Ordinance adopting and implementing the Second Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021 (Miscellaneous) to update the work study provisions. PASSED ON FIRST READING by the following vote:

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

Noes: None

201052 [Memorandum of Understanding - Service Employees International Union Local 1021: Staff & Per Diem Nurses] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021: Staff & Per Diem Nurses, to make administrative amendments to the overtime provisions. PASSED ON FIRST READING by the following vote:

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

Noes: None

201053 [Compensation for Unrepresented Employees] Sponsor: Mayor Ordinance amending Ordinance No. 106-20 fixing compensation for persons employed by the City and County of San Francisco whose compensation is subject to the provisions of Section A8.409 of the Charter, in job codes not represented by an employee organization, and establishing working schedules and other terms and conditions of employment and methods of payment effective July 1, 2020. PASSED ON FIRST READING by the following vote:

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

Noes: None

the retention premium provisions, amend the 10B overtime provisions, extend the term by two years, and set wages for the additional term; and (2) approving settlement of two grievances filed by the POA against the City, for a not to exceed amount of $359,613.87; the grievances were filed on March 25, 2020, and June 29, 2020, and involve compensation disputes under the Memorandum of Understanding. Privilege of the floor was granted unanimously to Carol Isen, Acting Director (Department of Human Resources), Sophia Kittler (Mayor’s Office), Chief William Scott (Police Department), Tony Montoya, President (Police Officers Association), Ben Rosenfield, Controller (Office of the City Controller), and Lawanna Preston (Police Department) who responded to questions raised throughout the discussion. Supervisor Preston, seconded by Supervisor Walton, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of December 1, 2020. Before the vote was taken, Supervisor Walton withdrew his second. Supervisor Preston, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion FAILED by the following vote:

Ayes: Haney, Preston, Ronen, Walton

Noes: Fewer, Mandelman, Mar, Peskin, Safai, Stefani, Yee

PASSED ON FIRST READING by the following vote:

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

Noes: Preston, Ronen

201030 [Reappointment, Commission on the Aging Advisory Council - Patricia Spaniak] Motion reappointing Patricia Spaniak, term ending March 31, 2021, to the Commission on the Aging Advisory Council. (Rules Committee) Motion No. M20-177 APPROVED by the following vote:

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

Noes: None

201252 [Reappointment, Park, Recreation, and Open Space Advisory Committee - Steven Currier] Motion reappointing Steven Currier, term ending February 1, 2022, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M20-178 APPROVED by the following vote:

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

Noes: None

201253 [Appointment, Sugary Drinks Distributor Tax Advisory Committee - Kiana Sezawar Keshavarz] Motion appointing Kiana Sezawar Keshavarz, term ending December 31, 2022, to the Sugary Drinks Distributor Tax Advisory Committee. (Rules Committee) Motion No. M20-179 APPROVED by the following vote:

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

Noes: None

201254 [Reappointments, Immigrant Rights Commission - Mario Paz, Celine Kennelly, and Nima Rahimi] Motion reappointing Mario Paz (residency requirement waived), Celine Kennelly, and Nima Rahimi, terms ending June 6, 2021, to the Immigrant Rights Commission. (Clerk of the Board) Motion No. M20-180 APPROVED by the following vote:

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

Noes: None

200961 [Resolution to Establish (Renew and Expand) - Fisherman’s Wharf Portside Community Benefit District] Sponsor: Peskin Resolution to establish (renew and expand) the business-based business improvement district known as the “Fisherman’s Wharf Portside Community Benefit District,” ordering the levy and collection of assessments against businesses located in that district for 15 years commencing with Fiscal Year 2020-2021, subject to conditions as specified; and making environmental findings. Supervisor Peskin, seconded by Supervisor Mandelman, 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

200958 [Resolution to Disestablish - Top of Broadway Community Benefit District] Sponsor: Peskin Resolution to disestablish the property-based business improvement district known as the “Top of Broadway Community Benefit District,” and to remove a multi-year assessment on all parcels in the District; and affirming environmental findings. Resolution No. 532-20 ADOPTED by the following vote:

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

Noes: None

Absent: Safai

cal Oversight Program Site No. 12076 Investigation/Remediation Project (1776 Green Street)] Hearing of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Common Sense Exemption by the Planning Department on June 16, 2019, for the proposed Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation project located beneath the sidewalk in front of 1776 Green Street. (District 2) (Appellant: Richard Drury of Lozeau Drury LLP, on behalf of The Hollow Revolution) (Filed July 17, 2020) (Clerk of the Board) President Yee opened the public hearing and Supervisor Stefani provided opening remarks, indicating a motion would be made to continue these matters 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 Stefani, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

200909 [Affirming the Exemption Determination - Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation Project - 1776 Green Street] Motion affirming the determination by the Planning Department that the proposed Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation project located beneath the sidewalk in front of 1776 Green Street is exempt from further environmental review. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

200910 [Conditionally Reversing the Exemption Determination - Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation Project - 1776 Green Street] Motion conditionally reversing the determination by the Planning Department that the proposed Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation project located beneath the sidewalk in front of 1776 Green Street is 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 Stefani, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

200911 [Preparation of Findings to Reverse the Exemption Determination - Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation Project - 1776 Green Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation project located beneath the sidewalk in front of 1776 Green Street, is exempt from further environmental review. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

201128 [Affirming the Exemption Determination - 2675 Geary Boulevard] Motion affirming the determination by the Planning Department that the proposed project at 2675 Geary Boulevard is exempt from further environmental review. (Clerk of the Board) Supervisor Stefani, 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

Noes: None

201129 [Conditionally Reversing the Exemption Determination - 2675 Geary Boulevard] Motion conditionally reversing the determination by the Planning Department that the proposed project at 2675 Geary Boulevard is exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Motion No. M20-175 Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

201130 [Preparation of Findings to Reverse the Exemption Determination - 2675 Geary Boulevard] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 2675 Geary Boulevard is exempt from further environmental review. (Clerk of the Board) Motion No. M20-176 Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

om 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 provided opening remarks, indicating a motion would be made to continue these matters 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 Fewer, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

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 Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

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 Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

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 Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2020. The motion carried by the following vote:

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

Noes: None

201282 [Administrative Code - Eviction of Commercial Tenants During COVID-19 Pandemic] Sponsors: Peskin; Preston, Mar, Walton, Safai, Ronen, Haney, Mandelman and Fewer Ordinance amending the Administrative Code to temporarily restrict landlords from evicting commercial tenants for non-payment of rent that was not paid due to the COVID-19 pandemic; and to allow certain tenants who are unable to pay rent to terminate their leases. Supervisors Mandelman and Fewer requested to be add 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

201247 [Final Map No. 10102 - 856 Capp Street] Motion approving Final Map No. 10102, a nine residential unit condominium project, located at 856 Capp Street, being a subdivision of Assessor’s Parcel Block No. 3642, Lot No. 042; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-181 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