Board of Supervisors Minutes: February 2, 2021

210006 [Settlement of Unlitigated Claim - Chyna Miller - $150,000] Resolution approving the settlement of the unlitigated claim filed by Chyna Miller against the City and County of San Francisco for $150,000; the claim was filed on October 8, 2018; the claim involves an allegation of civil rights violation by a Human Services Agency contractor; additional material terms of the settlement are that the contractor’s insurer will pay $450,000. (City Attorney) Resolution No. 044-21 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

201343 [Waiver of Municipal Code Requirements for Airport Agreement with the Federal Aviation Administration] Ordinance exempting from requirements of the Administrative Code and the Environment Code the Reimbursable Agreement between the San Francisco International Airport and the Federal Aviation Administration for services to commission a Ground Based Augmentation System at the Airport; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Airport Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

210027 [Appropriation - Municipal Transportation Agency Revenue Bond Proceeds - Street and Transit Projects - $129,000,000 - FY2020-2021] Sponsor: Mayor Ordinance appropriating $287,000,000 of Revenue Bond proceeds to the Municipal Transportation Agency for street and transit projects in Fiscal Year (FY) 2020-2021; and placing these funds on the Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) Privilege of the floor was granted unanimously to Jonathan Rewers and Samuel Thomas (Muncipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Walton, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of February 23, 2021. Before the vote was taken, Supervisor Walton withdrew his second and Supervisor Peskin withdrew his motion. Supervisor Peskin, seconded by Supervisor Walton, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of February 9, 2021. The motion carried by the following vote:

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

Noes: Safai, Stefani

ust, one or more escrow agreements, and a continuing disclosure certificate; authorizing the taking of appropriate actions in connection therewith, as defined herein, and related matters approving the forms of documents relating thereto, as defined herein; approving the maximum interest thereon; finding that the authorization and issuance of revenue bonds by the Agency is not a project under the California Environmental Quality Act (CEQA), CEQA Guidelines, and San Francisco Administrative Code, Chapter 31; and approving related matters, as defined herein. (Fiscal Impact) Privilege of the floor was granted unanimously to Jonathan Rewers and Samuel Thomas (Muncipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 23, 2021. Before the vote was taken, Supervisor Walton withdrew his second and Supervisor Peskin withdrew his motion. Supervisor Peskin, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 9, 2021. The motion carried by the following vote:

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

Noes: Safai, Stefani

201281 [Contract Amendment - Regents of the University of California, Division of Substance Abuse and Addiction Medicine - Behavioral Health Services - Not to Exceed $44,226,998] Resolution approving Amendment No. 2 to the agreement between the Regents of the University of California at San Francisco, Division of Substance Abuse Medicine, and the Department of Public Health for behavioral health narcotic addiction treatment services, to increase the agreement amount by $30,228,053 for a total amount not to exceed $44,226,998; and to extend the term by six years from July 1, 2021, for a total agreement term of July 1, 2018, through June 30, 2027. (Public Health Department) (Fiscal Impact) Resolution No. 032-21 ADOPTED by the following vote:

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

Noes: None

201367 [Accept and Expend Grant - Retroactive - Centers for Disease Control and Prevention - The Regents of the University of California, San Francisco - Recent Infection Surveillance Consortium - $124,904] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $43,173 for a total amount of $124,904 from the Centers for Disease Control and Prevention through the Regents of the University of California, San Francisco for participation in a program, entitled “Recent Infection Surveillance Consortium,” for the period of August 1, 2019, through September 29, 2021. (Public Health Department) Resolution No. 036-21 ADOPTED by the following vote:

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

Noes: None

201348 [Lease Amendment - DFS Group, L.P. - The International Terminal Duty Free and Luxury Lease - Temporary Modified Percentage Rent Structure or Reinstatement of Minimum Annual Guarantee - $42,000,000] Resolution approving Amendment No. 2 to the International Terminal Duty Free and Luxury Store Lease No. 17-0303 between DFS Group, L.P. and the City and County of San Francisco, acting by and through its Airport Commission, which continues the temporary modified percentage rent structure to 33% of sales through the earlier to occur of December 31, 2023, or the reinstatement of the minimum annual guarantee of $42,000,000 contingent upon completion of certain construction projects by December 31, 2021, with no change to the 14-year term, to commence upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 035-21 ADOPTED by the following vote:

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

Noes: None

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 $90,000,000 for 1151 Fairfax Avenue and 112 Middle Point Road; 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 $90,000,000; 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. 017-21 ADOPTED by the following vote:

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

Noes: None

of future bonded indebtedness in an aggregate principal amount not to exceed $150,000,000; authorizing the Director of the Mayor’s Office of Housing and Community Development (“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 $150,000,000 for 1801-25th Street (San Francisco, California 94107); 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; 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. 018-21 ADOPTED by the following vote:

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

Noes: None

oceeds of future bonded indebtedness in an aggregate principal amount not to exceed $108,000,000; authorizing the Director of the Mayor’s Office of Housing and Community Development (“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 $108,000,000 for 1360-43rd Avenue (Shirley Chisholm Village); 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; 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. 019-21 ADOPTED by the following vote:

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

Noes: None

201394 [Lease Amendment - Retroactive - SFII 1390 Market St, LLC - 1390 Market Street - Term Extension - $704,990 Per Year in Base Rent] Sponsor: Mayor Resolution retroactively approving a lease amendment between SFII 1390 Market St, LLC, as landlord, and the City, as tenant, for space occupied by the Department of Children, Youth and Their Families, at Fox Plaza, 1390 Market Street, at a base rent of $704,990 per year with annual rent increases of 3%, to extend the term of the Lease by five years, commencing December 1, 2020, through November 30, 2025, subject to earlier termination by the City; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the Amendment, the Lease, and this Resolution, as defined herein. (Fiscal Impact) Privilege of the floor was granted unanimously to Andrico Penick, Director (Real Estate Division), who responded to questions raised throughout the discussion. Resolution No. 037-21 ADOPTED by the following vote:

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

Noes: None

201398 [Accept and Expend Grant - Retroactive - California Commission on Peace Officer Standards and Training (POST) Distance Learning Grant Program - $185,424] Sponsor: Mayor Resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $185,424 from the California Commission on Peace Officer Standards and Training (POST) for the Distance Learning Grant Program, for the project period of October 15, 2020, through June 30, 2021. (Police Department) Resolution No. 040-21 ADOPTED by the following vote:

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

Noes: None

201423 [Authorizing Expenditures - SoMa Community Stabilization Fund - Agreement Amendment - UCSF HEARTS Program - $378,000] Sponsors: Mayor; Haney Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the increased amount of $78,000 for a total amount of $378,000 to extend a grant supporting Trauma Informed Systems training and counseling for students, families, faculty and staff at Bessie Carmichael School; and amending a grant agreement with the University of California, San Francisco (UCSF) HEARTS Program to provide the specified services, to extend the grant term by one year for a total term of July 1, 2018, through June 30, 2021. Supervisor Haney requested to be added as a co-sponsor. Resolution No. 042-21 ADOPTED by the following vote:

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

Noes: None

210008 [Emergency Declaration - Replacement and Repair of Fences - Total Cost Not to Exceed $4,250,000] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission (SFPUC) pursuant to Administrative Code, Section 6.60, to replace and repair fences on SFPUC watershed land in Alameda watershed damaged by the SCU Lightning Complex Fire, with a total cost not to exceed $4,250,000. (Public Utilities Commission) (Fiscal Impact) Resolution No. 045-21 ADOPTED by the following vote:

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

Noes: None

201315 [Settlement of Unlitigated Claim - Levi’s Plaza TIC Trust - $10,241,561.60 Plus Statutory Interest] Resolution approving the settlement of the unlitigated claim filed by Levi’s Plaza TIC Trust against the City and County of San Francisco for $10,241,561.60 plus statutory interest; the claim was filed on July 2, 2020; the claim involves an alleged overpayment of real property transfer taxes. (City Attorney) Supervisor Peskin informed the Board that he owned real property near the subject property of the litigation contained in File No. 201315. At the request of Supervisor Peskin, privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who reported there was no conflict of interest for Supervisor Peskin to vote on this matter. Resolution No. 034-21 ADOPTED by the following vote:

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

Noes: None

201395 [Official Naming of Unnamed Streets - Seawall Lot 337 and Pier 48 Mixed-Use Project] Sponsors: Mayor; Mar Resolution approving the official street names for certain unnamed streets, including Dr. Maya Angelou Lane and Toni Stone Crossing, located on San Francisco Port Commission property within the Seawall Lot 337 and Pier 48 Mixed-Use Project Area. (Port) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 038-21 ADOPTED by the following vote:

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

Noes: None

201396 [Official Naming of Unnamed Streets - Treasure Island/Yerba Buena Island] Sponsor: Mayor Resolution approving the official street names for certain unnamed streets located on Treasure Island and Yerba Buena Island based on historic references to the Islands and the San Francisco Golden Gate International Exposition of 1939 that was held on Treasure Island. Resolution No. 039-21 ADOPTED by the following vote:

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

Noes: None

201400 [Initiating Landmark Designation - San Francisco Eagle Bar] Sponsors: Haney; Ronen, Preston, Mandelman, Walton, Peskin, Melgar, Mar, Safai and Chan Resolution initiating a landmark designation under Article 10 of the Planning Code for the San Francisco Eagle Bar, Assessor’s Parcel Block No. 3522, Lot No. 014, situated within the Leather and Lesbian, Gay, Bisexual, Transgender, Queer Cultural District. Supervisors Mar, Safai, and Chan requested to be added as co-sponsors. Resolution No. 041-21 ADOPTED by the following vote:

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

Noes: None

210012 [Mayoral Appointment, Public Utilities Commission - Newsha Ajami] Motion approving the Mayor's nomination for appointment of Newsha Ajami to the Public Utilities Commission, for a term ending August 1, 2024. (Clerk of the Board) (Charter, Section 4.112, provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority of the Board of Supervisors. Transmittal date: January 3, 2021.) Motion No. M21-013 APPROVED by the following vote:

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

Noes: None

210046 [Appointment, Transbay Joint Powers Authority - Alicia John-Baptiste] Motion appointing Alicia John-Baptiste (residency requirement waived), for indefinite term, to the Transbay Joint Powers Authority. (Rules Committee) Supervisor Peskin, seconded by Supervisor Preston, moved that this Motion be AMENDED on Page 1, Line 6, by striking ‘does’, and Line 7, by changing ‘appoint’ to ‘appoints’; and Page 3, Line 4, by adding ‘is’ before ‘allowed’ and ‘who is’ before ‘willing’, and Line 5, by striking the ‘,’ after ‘serve’ and adding ‘otherwise’ before ‘requires’. The motion carried by the following vote:

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

Noes: None

Motion No. M21-014 APPROVED AS AMENDED by the following vote:

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

Noes: None

210047 [Appointment, Park, Recreation, and Open Space Advisory Committee - Angela Leung] Motion appointing Angela Leung, term ending February 1, 2023, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M21-015 APPROVED by the following vote:

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

Noes: None

210048 [Appointments, Sunshine Ordinance Task Force - Bruce Wolfe, Kevin Frazier, Laura Stein, Matthew Yankee, Chris Hyland, Laurie Jones Neighbors, and Kai Forsley] Motion appointing Bruce Wolfe, term ending April 27, 2021, and Kevin Frazier, Laura Stein, Matthew Yankee, Chris Hyland, Laurie Jones Neighbors, and Kai Forsley, terms ending April 27, 2022, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M21-016 APPROVED by the following vote:

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

Noes: None

, 2021. (Clerk of the Board) CONVENED IN CLOSED SESSION The Board recessed at the hour of 5:43 p.m. to convene in closed session pursuant to Motion No. M21-012 (File No. 210062), approved on January 26, 2021. The following Supervisors were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton City and County of San Francisco Page 90 Printed at 10:53 am on 3/5/21 Board of Supervisors Meeting Minutes 2/2/2021 Persons in attendance: Michael Carlin, Acting General Manager, and Barbara Hale, Assistant General Manager-Power (Public Utilities Commission); Theresa Mueller, Theresa Cho, and Anne Pearson (Office of the City Attorney); Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 7:07 p.m. The following Supervisors were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Supervisor Peskin, seconded by Supervisor Ronen, moved that this Hearing be TABLED. The motion carried by the following vote:

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

Noes: None

[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Ronen, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

210092 [Committee of the Whole - Consent to Provisions of a Variation Decision - March 2, 2021, at 3:00 p.m.] Sponsor: Haney Motion scheduling the Board of Supervisors to sit as a Committee of the Whole, acting in its capacity as the Successor Agency to the former Redevelopment Agency of the City and County of San Francisco, on March 2, 2021, at 3:00 p.m., to hold a public hearing to conditionally consent to the provisions of a variation decision by the Commission on Community Investment and Infrastructure, modifying the on-site affordable housing requirement for 542-550 Howard Street (Transbay Parcel F), Assessor’s Parcel Block No. 3721, Lot Nos. 016, 135, 136, and 138, consisting of four parcels located on the north side of Howard Street, between 1st and 2nd Streets, in the Transbay Redevelopment Project Area. Motion No. M21-017 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

210089 [Honoring Michael Krasny - February 15, 2021] Sponsors: Peskin; Chan, Ronen, Mandelman, Stefani and Safai Resolution honoring Michael Krasny on the occasion of his retirement from nearly three decades of award-winning journalism as the host of KQED’s Forum; and proclaiming February 15, 2021, as “Michael Krasny Day” in the City and County of San Francisco. Supervisors Ronen, Mandelman, Stefani, and Safai requested to be added as co-sponsors. Resolution No. 048-21 ADOPTED by the following vote:

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

Noes: None

210090 [Honoring Joe Vazquez] Sponsors: Peskin; Walton, Ronen, Mandelman, Stefani, Safai, Melgar and Haney Resolution honoring San Francisco newsman, Joe Vazquez, on the occasion of his retirement from thirty-five years in broadcast journalism, with sixteen of those years at KPIX Channel 5. Supervisors Ronen, Mandelman, Stefani, Safai, Melgar, and Haney requested to be added as co-sponsors. Resolution No. 049-21 ADOPTED by the following vote:

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

Noes: None

210099 [National Gun Violence Survivors Week - February 1, 2021, through February 7, 2021] Sponsors: Stefani; Preston, Mandelman, Safai, Melgar, Haney, Walton, Chan, Mar and Peskin Resolution declaring February 1, 2021, through February 7, 2021, as National Gun Violence Survivor’s Week in the City and County of San Francisco. Supervisors Preston, Mandelman, Safai, Melgar, Haney, Walton, Chan, Mar, and Peskin requested to be added as co-sponsors. Resolution No. 051-21 ADOPTED by the following vote:

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

Noes: None

210100 [Urging MTA to Expedite Reinstating Transit Lines to Equitably Serve All Neighborhoods] Sponsors: Melgar; Mandelman, Mar, Safai, Chan, Stefani, Haney, Preston, Peskin and Walton Resolution urging the Municipal Transportation Agency (MTA) to create a plan to expedite reinstating transit lines to pre-pandemic levels and develop post-COVID transit service with stakeholder and community input, and to prioritize community routes and bus routes that streamline access to equitably serve all neighborhoods within San Francisco. Resolution No. 052-21 ADOPTED by the following vote:

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

Noes: None