Board of Supervisors Minutes: February 9, 2021

210004 [Settlement of Lawsuit - Sibyl Moore, Charlene Roberts, Antonio Rucker, and Thomas Anderson - $1,200,000] Ordinance authorizing settlement of the lawsuit filed by Sibyl Moore, Charlene Roberts, Antonio Rucker, and Thomas Anderson against the City and County of San Francisco for $1,200,000; the lawsuit was filed on June 28, 2019, in San Francisco Superior Court, Case No. CGC-19-577141; entitled Sibyl Moore, et al. v. City and County of San Francisco, et al.; the lawsuit involves the alleged wrongful death of Ruby Anderson, Plaintiffs’ mother, who was a resident of the Residential Care for the Elderly (RCFE) located at the San Francisco Behavioral Health Center (BHC). (City Attorney) Ordinance No. 019-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

FY) 2020-2021; and placing these funds on the Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 1 and 3, by changing ‘$287,000,000’ to ‘$129,000,000’; on Page 2, Lines 4-5, by changing ‘$244,042,000’ to ‘$87,000,000’, Lines 12-13, by changing ‘$42,957,091’ to ‘$42,000,000’, and Lines 19-20, by changing ‘$287,000,000’ to ‘$129,000,000’; on Page 3, Lines 4-5, by changing ‘$212,042,909’ to ’$76,000,000’, Lines 12-13, by striking ‘$42,957,091’ to ‘$42,000,000’, and Lines 19-24, by changing ‘597070 Reserve For Debt Services’ to ‘574120 Bond Interest-Capitalized’, ‘Debt Service Reserve’ to ‘Capitalized Interest’, and ‘$22,500,00’ to ‘$5,238,200’; on Page 4, Lines 10-11, by changing ‘573112’ to ‘573111’, and ‘$7,690,000’ to ‘$4,225,800’, Lines 17-18, by changing ‘$510,000’ to ‘$236,000’, and Lines 22-23, by changing ‘$287,000,000’ to ‘$129,000,000’; and on Page 5, Line 1, by changing ‘$510,000’ to ‘$236,000’, and Line 8, by changing ‘$287,000,000’ to ‘$129,000,000’. The motion carried by the following vote:

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

Ordinance appropriating $129,000,000 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) PASSED ON FIRST READING AS AMENDED by the following vote:

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

or taxable basis of revenue bonds by the Municipal Transportation Agency to provide funds to finance capital improvements for the Municipal Transportation Agency’s purposes, approving the form of certain financing documents including a bond purchase contract, the sixth supplement to indenture of trust, 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) Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 1-2 and 3-4, by changing ‘$300,000,000’ to ‘$129,000,000’; and on Page 3, Line 4, by changing ‘$300,000,000’ to ‘$129,000,000’. The motion carried by the following vote:

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

Resolution authorizing the sale, issuance and execution of not to exceed $129,000,000 aggregate principal amount on a tax-exempt or taxable basis of revenue bonds by the Municipal Transportation Agency to provide funds to finance capital improvements for the Municipal Transportation Agency’s purposes, approving the form of certain financing documents including a bond purchase contract, the sixth supplement to indenture of trust, 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) Resolution No. 060-21 ADOPTED AS AMENDED by the following vote:

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

201414 [Administrative Code - San Francisco Music and Entertainment Venue Recovery Fund] Sponsors: Haney; Walton, Safai, Mar, Ronen and Preston Ordinance amending the Administrative Code to establish the San Francisco Music and Entertainment Venue Recovery Fund to provide grants to certain music and entertainment venues whose operations have been negatively impacted by the COVID-19 emergency. Supervisors Ronen and Preston requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

201290 [Accept and Expend Grant - Retroactive - North Valley Workforce Development Board - SlingShot 3.0 Regional Plan Implementation - $160,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $160,000 from the North Valley Workforce Development Board, a recipient of the grant award from United States Department of Labor for SlingShot 3.0 Regional Plan implementation coordination, a regional tech apprenticeship coordination, during the grant period of April 1, 2020, through March 31, 2022. Resolution No. 053-21 ADOPTED by the following vote:

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

201424 [Accept and Expend Grant - Retroactive - California Employment Development Department - Workforce Innovation and Opportunity Act (WIOA) Workforce Accelerator Fund 8.0 - $150,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $150,000 from the California Employment Development Department, a recipient of the grant award from the United States Department of Labor for Workforce Innovation and Opportunity Act (WIOA) Workforce Accelerator Fund 8.0 Project, for the period of April 1, 2020, through September 30, 2021. Resolution No. 056-21 ADOPTED by the following vote:

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

201349 [Airport Professional Services Agreement Modification - KONE Inc. - Escalator and Electric Walk Maintenance - Not to Exceed $18,265,600] Resolution approving Modification No. 3 to Airport Contract No. 50205, Escalator and Electric Walk Maintenance, Repair, and On-Call Services, with KONE Inc., to increase the contract amount by $8,500,000 for a new not to exceed contract amount of $18,265,600 with no change to the contract term, to commence upon approval by the Board of Supervisors, pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 055-21 ADOPTED by the following vote:

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

210007 [Amended and Restated Trust Agreement - Airport Hotel Special Facility Bonds] Resolution approving the form of an Amended and Restated Trust Agreement providing for the restructuring of the Airport Commission’s $260,000,000 aggregate principal amount of outstanding Special Facility Revenue Bonds (San Francisco International Airport Hotel), Series 2018; and approving certain related matters, as defined herein. (Airport Commission) (Fiscal Impact) Resolution No. 059-21 ADOPTED by the following vote:

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

9 which includes $607,999 for Public Works and $608,000 for the Municipal Transportation Agency, for the term of July 1, 2020, through June 30, 2023. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 14-16, by adding ‘WHEREAS, Revenue to fund Vision Zero Bicycle and Pedestrian Improvements has fallen short of anticipated projects due to COVID-19, including the TNC Tax, causing delays in Vision Zero quick-build project consultation; and’; and on Page 4, Line 9, by changing ‘described above’ to ‘further described in Attachment 2 of this File No. 201425’, and Lines 11-14, by adding ‘FURTHER RESOLVED, That for the SFMTA, the TDA funds will be used to fund Vision Zero Bicycle and Pedestrian Improvements already identified in the SFMTA's FY2021-25 Capital Improvement Program (CIP) which have been delayed as a result of revenue shortfalls due to COVID-19, including TNC Tax shortfalls; and, be it’. The motion carried by the following vote:

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

Resolution No. 057-21 ADOPTED AS AMENDED by the following vote:

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

201428 [Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - Hiring of New Firefighters - $13,760,604] Sponsors: Mayor; Safai, Mar and Haney Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $13,760,604 from the Federal Emergency Management Agency to hire thirty-six new firefighters for the performance period of February 8, 2021, through March 9, 2024, and waiving indirect costs. Resolution No. 058-21 ADOPTED by the following vote:

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

200830 [Police Code - Right to Reemployment Following Layoff Due to COVID-19 Pandemic] Sponsor: Mar Ordinance amending the Police Code to create a right to reemployment for certain employees laid-off due to the COVID-19 pandemic if their employer seeks to fill the same position previously held by the laid-off employee, or a substantially similar position, and to reasonably accommodate employees who cannot work because of a family care hardship. (Supervisor Stefani dissented in Committee.) Supervisor Mar, seconded by Supervisor Ronen, moved that this Ordinance be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote:

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

201337 [Liquor License Transfer - 355 Bayshore Boulevard - Grocery Outlet] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Grocery Outlet Inc, doing business as Grocery Outlet, located at 355 Bayshore Boulevard (District 10), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 054-21 ADOPTED by the following vote:

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

210052 [Emergency Ordinance - Public Health Emergency Leave] Sponsor: Mar Reenactment of emergency ordinance (Ordinance No. 59-20 as reenacted by Ordinance Nos. 90-20, 136-20, 217-20, and 270-20) to temporarily require private employers with 500 or more employees to provide public health emergency leave 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.) Ordinance No. 020-21 FINALLY PASSED by the following vote:

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

210075 [Emergency Ordinance - San Francisco COVID-19 Vaccination Plan] Sponsors: Haney; Walton, Ronen, Mar, Preston, Chan and Melgar Emergency ordinance requiring the Department of Public Health to prepare a COVID-19 Vaccination Plan and to make publicly available on its website information relating to the number and availability of COVID-19 vaccines in San Francisco, and the methods by which people who live or work in the City may access vaccines. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Ordinance No. 021-21 FINALLY PASSED by the following vote:

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

210122 [Urging the Establishment of a Special Advisory Committee on Federal Stimulus Spending for Small Business] Sponsors: Haney; Walton, Ronen and Preston Resolution urging the Office of Small Business and the Small Business Commission to establish a Special Advisory Committee on federal stimulus spending to create a citywide plan for how federal stimulus funds may support the small business sector and to submit a proposed citywide federal stimulus spending plan for small businesses. Supervisors Ronen and Preston requested to be added as co-sponsors. Resolution No. 061-21 ADOPTED by the following vote:

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

20 [Approval of a Six-Month Retroactive Extension for Planning Commission Review to Allow Temporary Use of Hotels and Motels for Permanent Supportive Housing (File No. 201218)] Sponsor: Mayor Resolution retroactively extending by six months the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 201218) amending Planning Code and Administrative Code to allow certain hotels and motels to be used for Permanent Supportive Housing purposes without thereby abandoning or discontinuing the hotel use; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. Privilege of the floor was granted unanimously to Sophia Kittler (Mayor's Office) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Preston, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 23, 2021. The motion carried by the following vote:

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

210123 [Approval of a 90-day Extension for Historic Preservation Commission Review of Initiation of Landmark Designation Status of 447 Battery Street (File No. 201298)] Sponsor: Peskin Resolution extending by 90 days the prescribed time within which the Historic Preservation Commission may render its decision on a proposed Resolution (File No. 201298) that would initiate the designation of the Jones-Thierbach Coffee Company Building at 447 Battery Street, Assessor’s Parcel Block No. 0206, Lot No. 002, as a landmark pursuant to Section 1004.1 of the Planning Code. Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 23, by changing ‘February 16’ to ‘May 9’, and Line 25, by striking ‘whichever is later’ to ‘which occurred on February 8, 2021’; and Page 2, Line 9, by changing ‘May 8’ to ‘August 7’. The motion carried by the following vote:

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

Resolution No. 062-21 ADOPTED AS AMENDED by the following vote:

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

210124 [Approval of a 90-Day Extension for Historic Preservation Commission Review of Initiation of Landmark Designation Status of One Montgomery Street (File No. 201404)] Sponsor: Peskin Resolution extending by 90 days the prescribed time within which the Historic Preservation Commission may render its decision on a proposed Resolution (File No. 201404) that would initiate the designation of the One Montgomery Street, Assessor’s Parcel Block No. 0292, Lot No. 002, as a landmark pursuant to Section 1004.1 of the Planning Code. Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 23, by changing ‘March 22’ to ‘May 9’, and Line 25, by striking ‘whichever is later’ to ‘which occurred on February 8, 2021’; and Page 2, Line 9, by changing ‘June 20’ to ‘August 7’. The motion carried by the following vote:

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

Resolution No. 063-21 ADOPTED AS AMENDED by the following vote:

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

210126 [Supporting California State Senate Bill No. 2 (Bradford) - Police Officers, Certification, and Civil Rights] Sponsors: Walton; Melgar, Stefani, Chan, Mar, Mandelman, Safai and Preston Resolution supporting California State Senate Bill No. 2, authored by Senator Steven Bradford and co-authored by Senate President pro Tempore Toni Atkins, on Peace Officers, Certification, and Civil Rights. Supervisors Mandelman, Safai, and Preston requested to be added as co-sponsors. Resolution No. 064-21 ADOPTED by the following vote:

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

210127 [Supporting California State Assembly Bill No. 328 (Chiu) - Reentry Housing Program] Sponsors: Walton; Mandelman, Ronen, Melgar, Stefani, Chan, Mar, Preston, Safai and Haney Resolution supporting California Assembly Bill No. 328, authored by Assembly Member David Chiu, and co-authored by Assembly Members Ash Kalra and Buffy Wicks, and co-authored by Senator Scott Wiener, to establish the Reentry Housing Program. Supervisors Preston, Safai, and Haney requested to be added as co-sponsors. Resolution No. 065-21 ADOPTED by the following vote:

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

210128 [Urging the United States Treasury to Expedite the Process to Feature Harriet Tubman on the Twenty-Dollar Bill] Sponsors: Walton; Ronen, Melgar, Stefani, Chan, Mar, Mandelman, Preston, Safai and Haney Resolution urging the United States Treasury to expedite the process to feature Harriet Tubman on the twenty-dollar bill for her legacy of equality, social justice, and freedom; and to reflect the history and diversity of the United States. Supervisors Mandelman, Preston, Safai, and Haney requested to be added as co-sponsors. Resolution No. 066-21 ADOPTED by the following vote:

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

210129 [Black History Month - February] Sponsors: Walton; Ronen, Melgar, Stefani, Chan, Mar, Mandelman, Preston, Safai and Haney Resolution recognizing every February as Black History Month in the City and County of San Francisco. Supervisors Mandelman, Preston, Safai, and Haney requested to be added as co-sponsors. Resolution No. 067-21 ADOPTED by the following vote:

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

210136 [Condemning the Military Coup in Burma and Supporting a Peaceful Transition for Democracy] Sponsors: Melgar; Walton, Mar and Mandelman Resolution condemning the military coup in Burma and the detainment of its political leaders; and urging United States federal officials to take swift action to support their release and a peaceful transition to democracy. Supervisors Mar and Mandelman requested to be added as co-sponsors. Resolution No. 068-21 ADOPTED by the following vote:

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