Board of Supervisors Minutes: April 13, 2021

210140 [Administrative, Campaign and Governmental Conduct Codes - Office of the Chief Medical Examiner] Sponsor: Peskin Ordinance amending the Administrative Code and Campaign and Governmental Conduct Code to establish the position of Executive Director of the Office of Chief Medical Examiner, and to establish a division of responsibilities in that Office between the Executive Director and the Chief Medical Examiner. Ordinance No. 055-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

210160 [Settlement of Lawsuit - Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen - $30,000] Ordinance authorizing settlement of the lawsuit filed by Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen against the City and County of San Francisco for $30,000; the lawsuit was filed on May 20, 2019, in United States District Court - Northern District of California, Case No. 19-cv-02722; entitled Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen v. San Francisco County Sheriff’s Department, et al.; the lawsuit involves claims that the sleep schedule and frequent sleep disruptions at County Jails 4 and 5 created unconstitutional conditions of confinement for the inmates; other material terms of the settlement are that the court approve the settlement. (City Attorney) Ordinance No. 056-21 FINALLY PASSED by the following vote:

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

Noes: Ronen, Safai

210324 [Appropriation - Property Tax Revenue - $15,000,000 to the Department of Children, Youth and Their Families - Youth Learning Initiatives - FY2020-2021] Sponsors: Mayor; Stefani, Walton, Ronen, Haney, Safai, Mandelman, Mar, Melgar and Chan Ordinance appropriating $15,000,000 of property tax revenue to the Department of Children Youth and Their Families for Youth Learning Initiatives in Fiscal Year (FY) 2020-2021. (Fiscal Impact) Supervisor Chan requested to be added as a co-sponsor. Ordinance No. 052-21 FINALLY PASSED by the following vote:

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

210001 [Amendments to Real Property Leases - Forgive Tenant Rent During COVID-19 Pandemic] Ordinance authorizing the City Administrator to amend certain leases and forgive rent due between April 2020 and December 2020 with nonresidential tenants, and waiving Administrative Code and Environmental Code requirements enacted after the most recent modification of each lease, in order to allow for expeditious rent forgiveness necessitated by the financial hardship caused by the public health emergency related to the COVID-19 pandemic. (City Administrator) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

210159 [Transmission Facilities Agreement - Pacific Gas and Electric Company - Electric Grid Interconnection - $21,165,000] Ordinance approving a Transmission Facilities Agreement with Pacific Gas and Electric Company to interconnect City-owned transmission facilities to the electric grid for a total cost of $21,165,000 and a term of four years and three months commencing in April 2021 and ending in June 2025, and waiving certain provisions of the Administrative and Environment Codes. (Public Utilities Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

210069 [Lease Amendment No. 2 - Retroactive - Airport Travel Agency, Inc - Airport Amenities and Business Services - Term Extension] Resolution retroactively approving Amendment No. 2 to the Airport Amenities and Business Services Lease No. 13-0202 between Airport Travel Agency, Inc. and the City and County of San Francisco, acting by and through its Airport Commission, to extend the Lease by two years and six months, beginning January 1, 2021, for a total term of January 1, 2014, through June 30, 2023, with a condition that the Airport Director, at his sole and absolute discretion, may terminate earlier by providing six months’ advance written notice, with no change to the current minimum annual guarantee, subject to adjustment in accordance with the terms and conditions of the Lease, effective upon the approval of the Board of Supervisors. (Airport Commission) Resolution No. 152-21 ADOPTED by the following vote:

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

210175 [Contract Amendment - Retroactive - TEGSCO, LLC, dba San Francisco AutoReturn - Vehicle Towing, Storage and Disposal Services for Abandoned and Illegally-Parked Vehicles - Not to Exceed $88,200,000] Resolution retroactively approving the third amendment with TEGSCO, LLC, dba San Francisco AutoReturn, for services related to the towing, storage, and disposal of abandoned and illegally-parked vehicles, to authorize an increase to the contract amount by $11,200,000 for the first year of the five-year extension, with the option to increase the contract amount by an additional $11,600,000 in the second year of the extension, for a total amount not to exceed $88,200,000 to commence on April 1, 2021. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 153-21 ADOPTED by the following vote:

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

Noes: Chan

210190 [Lease Amendment - Increasing City Allowance Provided for Tenant Improvements - Volunteers in Medicine - 35 Onondaga Avenue - Reimbursement of Up to $1,660,000] Sponsor: Safai Resolution authorizing the Director of Property to execute a first amendment to a restated ten-year commercial lease, with two five-year extension options, between the City and County of San Francisco, as landlord, and Volunteers in Medicine, DBA Clinic By the Bay, as tenant, for the City-owned property located at 35 Onondaga Avenue; authorizing the reimbursement of up to a total of $1,660,000 for tenant improvements, to commence following Board approval upon execution of the lease. (Fiscal Impact) Resolution No. 154-21 ADOPTED by the following vote:

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

210289 [Accept and Expend Grant - Retroactive - California Department of Justice - Tobacco Grant Program Award - $1,780,842] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,780,842 from the California Department of Justice for participation in a program, entitled “Tobacco Grant Program Award,” for the period of January 1, 2021, through December 31, 2023. (Public Health Department) Resolution No. 156-21 ADOPTED by the following vote:

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

210291 [Accept and Expend Grant - Retroactive - U.S. Department of the Treasury - Emergency Rental Assistance Program - $26,209,982.70] Sponsors: Mayor; Safai, Haney and Mar Resolution retroactively authorizing the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s Emergency Rental Assistance funding from the U.S. Department of the Treasury, in the amount of $26,209,982.70 for a period beginning January 8, 2021, through December 31, 2021. Supervisor Chan, seconded by Supervisor Melgar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 1-4, by adding ‘FURTHER RESOLVED, That the Board of Supervisors requests a monthly written report from the Mayor’s Office of Housing and Community Development to the Clerk of the Board on the amount of federal rent relief funds received by each landlord in San Francisco, until all funds have been distributed; and, be it’. The motion carried by the following vote:

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

Resolution No. 157-21 ADOPTED AS AMENDED by the following vote:

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

210221 [Five-Year Information and Communication Technology Plan - FYs 2022-2026] Sponsor: Mayor Resolution adopting the City’s five-year Information and Communication Technology Plan for Fiscal Years (FYs) 2022-2026, pursuant to Administrative Code, Section 22A.6. Resolution No. 155-21 ADOPTED by the following vote:

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

210064 [Planning Code - Landmark Designation - 1830 Sutter Street (aka Japanese YWCA/Issei Women’s Building)] Sponsors: Preston; Mandelman, Peskin, Chan, Mar and Safai Ordinance amending the Planning Code to designate 1830 Sutter Street (aka Japanese YWCA/Issei Women’s Building), Assessor’s Parcel Block No. 0676, Lot No. 035, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Supervisors Mar and Safai 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

Workplace Ventilation Standards - COVID-19] Sponsors: Safai; Walton, Melgar, Chan, Preston, Haney, Ronen, Mar and Mandelman Emergency ordinance to require property owners of high-rise buildings with 50,000 square feet or more of nonresidential floor area that use mechanical ventilation systems, to certify that such systems are operating in compliance with applicable laws; to require businesses operating within those buildings to post certification within their work spaces; and to require the Department of Public Health and the Department of Building Inspection to post information on their websites about how to file complaints about noncompliance with workplace ventilation standards, and to coordinate to ensure that all such complaints are inspected within five business days. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Supervisors Mar and Mandelman requested to be added as co-sponsors. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of April 20, 2021. The motion carried by the following vote:

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

210115 [Administrative Code - Shelter Monitoring Committee] Sponsor: Mayor Ordinance amending the Administrative Code to reinstitute the Shelter Monitoring Committee and change the date on which it expires from December 31, 2020, to July 1, 2022. PASSED ON FIRST READING by the following vote:

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

210218 [Administrative, Police Codes - Waiving Employer Requirements to Report on 2020 Compliance with Health Care Security Ordinance and Fair Chance Ordinance] Sponsor: Stefani Ordinance amending the Administrative Code to waive the requirement for employers to report compliance with the Health Care Security Ordinance for 2020, codifying the previous waiver of such requirement for 2019, amending the Police Code to waive the requirement for employers to report compliance with the Fair Chance Ordinance for 2020, and codifying the previous waiver of such requirement for 2019. PASSED ON FIRST READING by the following vote:

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

210211 [Mayoral Appointment, Historic Preservation Commission - Christina Dikas] Motion rejecting the Mayor’s nomination for appointment of Christina Dikas to the Historic Preservation Commission, term ending December 31, 2024. (Clerk of the Board) (Charter, Section 4.135, 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 of the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: March 1, 2021.) Clerk Calvillo informed the Board of Supervisors that she was in receipt of a communication from the Mayor's Office, dated April 13, 2021, forwarding Christina Dikas' letter withdrawing her name from consideration. Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

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

210339 [Appointments, Student and Families RISE Working Group - Leslie Hu, Rafael Picazo, Efrain Barrera, Carol Hill, Joyce Dorado, Jacob Leos-Urbel, Emily Garvie, and Marcus Wong] Motion appointing Leslie Hu, Rafael Picazo (residency requirement waived), Efrain Barrera, Carol Hill, Joyce Dorado (residency requirement waived), Jacob Leos-Urbel, Emily Garvie, and Marcus Wong, terms ending April 8, 2022, to the Student and Families RISE (Recovery and Inclusive Successful Enrichment) Working Group. (Rules Committee) Motion No. M21-059 APPROVED by the following vote:

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

210236 [Affirming the Exemption Determination - 476 Lombard Street] Motion affirming the determination by the Planning Department that the proposed project at 476 Lombard Street is exempt from further environmental review. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Preston, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Melgar

210237 [Conditionally Reversing the Exemption Determination - 476 Lombard Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 476 Lombard 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) Motion No. M21-060 Supervisor Peskin, seconded by Supervisor Preston, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Melgar

210238 [Preparation of Findings to Reverse the Exemption Determination - 476 Lombard Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 476 Lombard Street is exempt from further environmental review. (Clerk of the Board) Motion No. M21-061 Supervisor Peskin, seconded by Supervisor Preston, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Melgar

210347 [Supporting the California Nutrition Incentive Program Budget Coalition Request for Funding of the California Nutrition Incentive Program, Including Programs Like the Statewide Market Match] Sponsors: Ronen; Walton, Haney, Mar, Preston and Safai Resolution supporting the California Nutrition Incentive Program Budget Coalition request for Fiscal Year (FY) 2021-2022 funding of $20,000,000 for the California Nutrition Incentive Program at California Department of Food and Agriculture Office of Farm to Fork, including programs like the statewide Market Match; and urging the California Assembly and Senate budget committees to include in the FY2021-2022 Budget Act a one-time appropriation of $20,000,000 for the California Nutrition Incentive Program. Supervisors Mar, Preston, and Safai requested to be added as co-sponsors. Resolution No. 158-21 ADOPTED by the following vote:

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