Board of Supervisors Minutes: January 26, 2021

210014 [Appropriation - COVID Contingency Reserve - Human Services Agency - Restaurant and Food Service Businesses in Chinatown - $1,900,000 - FY2020-2021 - Authorizing the Controller to Reduce COVID Contingency Reserve Appropriations and Return Funds] Sponsors: Peskin; Safai, Mar, Walton, Haney, Chan, Preston, Mandelman, Ronen and Melgar Ordinance appropriating $1,900,000 from the COVID Contingency Reserve in the Human Services Agency to provide assistance to restaurant and food service businesses in Chinatown in Fiscal Year (FY) 2020-2021; and authorizing the Controller to reduce appropriations and return funds to the COVID Contingency Reserve to the extent that State and/or Federal funds are available for reimbursement. (Fiscal Impact) Ordinance No. 012-21 FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201188 [Police Code - COVID-Related Employment Protections] Sponsors: Ronen; Walton, Preston, Safai, Haney and Melgar Ordinance amending the Police Code to protect employees from adverse employment actions if they test positive for COVID-19, are isolating or quarantining, or have previously isolated or quarantined, due to COVID-19 symptoms or exposure, or are perceived to have COVID-19; to protect applicants from discrimination if they test positive for COVID-19, are isolating or quarantining, or have previously isolated or quarantined, due to COVID-19 symptoms or exposure; and to sunset an emergency ordinance creating similar protections. Ordinance No. 011-21 FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

ds (Earthquake Safety and Emergency Response, 2020) - Not to Exceed $628,500,000] Sponsor: Mayor Resolution providing for the issuance of not to exceed $628,500,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Earthquake Safety and Emergency Response, 2020); authorizing the issuance and sale of such bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts related thereto; adopting findings under the California Environmental Quality Act (“CEQA”), the CEQA Guidelines and San Francisco Administrative Code, Chapter 31; finding that the proposed project is in conformity with the priority policies of Planning Code, Section 101.1, and with the General Plan consistency requirement of Charter, Section 4.105, and Administrative Code, Section 2A.53; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the issuance and sale of such bonds, as defined herein. (Fiscal Impact) ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Supervisor Peskin, seconded by Supervisor Mar, moved to rescind the previous vote to allow further discussion. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Resolution No. 023-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

r taxable basis of City and County of San Francisco General Obligation Bonds (Earthquake Safety and Emergency Response, 2020), Series 2021A; prescribing the form and terms of such bonds and any subseries designation; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Supervisor Peskin, seconded by Supervisor Mar, moved to rescind the previous vote to allow further discussion. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Resolution No. 024-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201259 [Appropriation - Earthquake Safety and Emergency Response General Obligation Proceeds - Series 2021A - Public Works, Public Utilities Commission, and Recreation and Park Department - FY2020-2021 - $85,000,000] Sponsor: Mayor Ordinance appropriating $85,000,000 of the Series 2021A Earthquake Safety and Emergency Response General Obligation Bond proceeds to Public Works, the Public Utilities Commission, and the Recreation and Park Department in Fiscal Year (FY) 2020-2021 for upgrade, replacement, improvement, rehabilitation, and seismic strengthening of City-owned fire, police, emergency, and disaster response facilities, as well as improvements to the City's Emergency Firefighting Water System; and placing these funds on Controller's reserve pending sale of the bonds. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Supervisor Peskin, seconded by Supervisor Mar, moved to rescind the previous vote to allow further discussions. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201365 [Amended and Restated Loan Agreement - BRIDGE-Potrero Community Associates LLC - Potrero HOPE SF Development - Not to Exceed $29,141,134] Sponsors: Mayor; Walton Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute an Amended and Restated Loan Agreement with BRIDGE-Potrero Community Associates LLC, a California limited liability company, to increase the loan amount to $22,701,134 for a total loan amount not to exceed $29,141,134 to finance the second phase of infrastructure improvements and housing development related to the revitalization and master development of up to 1,700 units of replacement public housing, affordable housing and market rate housing, commonly known as the Potrero HOPE SF Development; and adopting findings that the loan agreement is consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 025-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201366 [Accept and Expend Grant - Retroactive - Mental Health Services Oversight and Accountability Commission - Early Psychosis Intervention Plus - $1,996,144] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,996,144 from the Mental Health Services Oversight and Accountability Commission for participation in a program, entitled “Early Psychosis Intervention (EPI) Plus," for the period of September 1, 2020, through August 31, 2024. (Public Health Department) (Fiscal Impact) Resolution No. 026-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

ent (“Director”) 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 $40,000,000 for 78 Haight 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 $40,000,000; 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. 015-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

cuments 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 $50,000,000 for 180 Jones 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 $50,000,000; 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. Supervisor Haney requested to be added as a co-sponsor. Resolution No. 016-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201397 [Refunding Revenue Bonds - Municipal Transportation Agency - Not to Exceed $185,000,000] Sponsor: Mayor Resolution authorizing the sale, issuance and execution of not to exceed $185,000,000 aggregate principal amount on a tax-exempt or taxable basis of refunding revenue bonds by the Municipal Transportation Agency to refinance all or a portion of outstanding bonds, approving the form of certain financing documents including the bond purchase contract, the fifth supplement to indenture of trust, one or more escrow agreements, and a continuing disclosure certificate; authorizing the taking of appropriate actions in connection therewith; and related matters approving the forms of documents relating thereto; approving the maximum interest thereon; finding that the authorization and issuance of refunding revenue bonds by the agency is not a project under CEQA, CEQA Guidelines, and San Francisco Administrative Code, Chapter 31; and related matters, as defined herein. (Fiscal Impact) Resolution No. 014-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201221 [Civic Center Community Benefit District - Annual Report - FY2018-2019] Sponsors: Mayor; Haney Resolution receiving and approving an annual report for the Civic Center Community Benefit District for Fiscal Year (FY) 2018-2019, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s Management Agreement with the City, Section 3.4. Resolution No. 020-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201222 [Central Market Community Benefit District - Annual Report - CY2018] Sponsor: Haney Resolution receiving and approving an annual report for the Central Market Community Benefit District for Calendar Year (CY) 2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 021-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201223 [The East Cut Community Benefit District - Annual Report - FY2018-2019] Sponsor: Haney Resolution receiving and approving an annual report for The East Cut Community Benefit District for Fiscal Year (FY) 2018-2019, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 022-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201372 [Urging OEWD and Public Works to Adopt a Policy Regarding CBDs, BIDs and GBDs with Respect to Private Contributions and Surveillance Technology] Sponsors: Peskin; Mar and Haney Resolution urging the Office of Workforce and Economic Development (OWED) and Public Works to adopt a policy that Community Benefit Districts, Business Improvement Districts and Green Benefit Districts shall disclose all private contributions on an annual basis, cease accepting anonymous contributions, and disclose their use of surveillance technology to the Board of Supervisors at a public hearing. Resolution No. 027-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201342 [Appointment, Sunshine Ordinance Task Force - Jaya Padmanabhan] Motion appointing Jaya Padmanabhan (residency requirement waived), term ending April 27, 2021, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M21-07 APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210023 [Reappointment, Bicycle Advisory Committee - Melyssa Mendoza] Motion reappointing Melyssa Mendoza, term ending November 19, 2022, to the Bicycle Advisory Committee. (Rules Committee) Motion No. M21-008 APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

201332 [Redevelopment Plan Amendments - Mission Bay South - 1450 Owens Street] Sponsor: Haney Ordinance approving amendments to the Mission Bay South Redevelopment Plan to increase the square footage for mixed office, research and development, and light manufacturing uses within the Mission Bay South Redevelopment Plan Area, with such square footage to be allocated to Parcel 7 of Block 43 (also known as 1450 Owens Street), located within Zone A of the Mission Bay South Redevelopment Plan Area; increasing the maximum average floor area in the Plan Area to accommodate such increased square footage; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

ndations for reform within the Police Department. Chief William Scott, Commander Robert O’Sullivan, and Commander Daryl Fong (Police Department) presented information on the recommendations for reform within the Police Department and answered questions raised throughout the discussions. Camile; Felicia Jones; Magic Altman; Todd; Randy; Anastasia; Stacy Duffy; Speaker; Kitaj; Ebony Isler; Jenny Ravia; Deborah Levy; Gloria Berry; Dave Harrington; Francisco Da Costa; Speaker; Anne; Simone Manganelli; Sophie; Karen Fleshner; Ben Paller; Victoria Wine; Nami; Speaker; Katherine Brady; Ben Flogan; Emilyo; Annemarie Dogpar; Bianca Taye; John Dennis; Gracie; Speaker; Lisa; Gilbert Crisswell; Sarah; Jasmine; Speaker; Eddie Hernandez; Eli; Tezlonia; Lane Sibel; Ruth Werner; shared various concerns regarding the hearing matter. There were no other speakers. President Walton closed public comment, declared the hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Haney, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of May 25, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Stefani

210060 [Mayoral Appointment - City Administrator - Carmen Chu] Motion confirming the Mayoral appointment of Carmen Chu as City Administrator, for a five-year term beginning February 1, 2021, pursuant to Charter, Section 3.104. (Clerk of the Board) Privilege of the floor was granted unanimously to Carmen Chu who responded to questions raised throughout the discussion. Motion No. M21-009 APPROVED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

egulatory Commission Case No. ER17-1509-000, filed May 1, 2017; Federal Energy Regulatory Commission Case No. ER17-910-000, filed January 31, 2017; Federal Energy Regulatory Commission Case No. EL 15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER 20-2878-000 et al, filed September 15, 2020; California Public Utilities Commission Case No. 1.15-08-019, filed February 25, 2015; California Public Utilities Commission Case No. R.18-10-007, filed October 25, 2018; California Public Utilities Commission Case No. R.19-01-006, filed January 10, 2019; and California Public Utilities Commission Case No. A.20-04-023, filed April 30, 2020. (Clerk of the Board) Motion No. M21-012 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Stefani

210037 [Condemning Recent Vandalism of Cherry Blossom Trees in Japantown and Urging Prompt Rehabilitation and Replacement] Sponsors: Preston; Stefani, Walton, Chan, Mandelman, Mar and Haney Resolution condemning recent vandalism of Cherry Blossom trees in Japantown and stating solidarity with the Japanese American community and commitment to ensure prompt rehabilitation and replacement of the Cherry Blossom trees. Supervisors Mandelman, Mar, and Haney requested to be added as co-sponsors. Supervisor Preston, seconded by Supervisor Mar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 22, by changing ‘will be sending’ to ‘sent’. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Stefani

Resolution No. 028-21 ADOPTED AS AMENDED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Stefani