Board of Supervisors Minutes: April 27, 2021

210260 [Administrative Code - Electric Facilities at Development Projects] Sponsors: Walton; Ronen, Mandelman and Safai Ordinance amending the Administrative Code to authorize the Public Utilities Commission to contract with developers that are installing infrastructure, pursuant to a development agreement, to install electric equipment that the Public Utilities Commission would otherwise be required to install without competitive bidding, subject to specified conditions. Ordinance No. 065-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

210288 [Emergency Ordinance - Enforcement of 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.) Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of May 4, 2021. The motion carried by the following vote:

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

Noes: None

business emergency financial relief program to be administered by the Office of Economic and Workforce Development (OEWD), and authorizing the Director of OEWD to enter into agreements not to exceed $7,300,000, for terms beginning April 1, 2021, through June 30, 2027, including one or more funding/loan agreements with the California Rebuilding Fund, LLC in an expected amount of $4,200,000 to facilitate the origination of loans to certain small businesses in the City but which may vary depending on available program terms and demand; and one or more funding/grant agreements with Kiva Microfunds in an expected amount of $3,100,000 to provide monies for an interest buydown fund for loans facilitated by the California Rebuilding Fund to certain small businesses in the City but which may vary depending on available program terms and demand, and to take necessary actions in connection therewith, as defined herein. (Fiscal Impact) Supervisor Mandelman requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Luke Brewer (Office of the Controller) who responded to questions raised throughout the discussion. Resolution No. 181-21 ADOPTED by the following vote:

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

Noes: None

210205 [Annual Fundraising Drive - 2021] Resolution designating those agencies qualified to participate in the 2021 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. (City Administrator) Resolution No. 182-21 ADOPTED by the following vote:

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

Noes: None

aggregate principal amount not to exceed $100,000,000; 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 $100,000,000 for Treasure Island Parcel C3.1, 6th Street at Avenue C (San Francisco, California 94112); 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. 166-21 ADOPTED by the following vote:

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

Noes: None

tor”) 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 $16,500,000 for 241 Sixth Street (Knox SRO); 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 $16,500,000; 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. 167-21 ADOPTED by the following vote:

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

Noes: None

ot to exceed $60,000,000; 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 $60,000,000 for the scattered sites located at 4101 Noriega, 363 Noe, 200 Randolph/409 Head, 2206-2268 Great Highway, 1353-1367 Eddy; 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. 171-21 ADOPTED by the following vote:

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

Noes: None

210309 [Apply for, Accept, and Expend Grant - Retroactive - United States Department of Housing and Urban Development - Community Development Block Grants Coronavirus Program Round 3 Entitlement Grant (CDBG-CV3) - $9,626,923] Sponsor: Mayor Resolution retroactively approving the CARES Act Community Development Block Grant Coronavirus Round 3 (CDBG-CV3) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s CARES-CV3 program entitlement from the United States Department of Housing and Urban Development in the amount of $9,626,923 for the period beginning December 1, 2020, through June 30, 2023. Resolution No. 168-21 ADOPTED by the following vote:

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

Noes: None

210358 [Accept and Expend In-Kind Gift - Software as a Service - All Home and Bay Area Community Services - Valued at $1,236,373] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing and Community Development to accept an in-kind gift of software as a service valued at $1,236,373 from All Home and Bay Area Community Services, for a period of April 2021 through December 2022. Resolution No. 170-21 ADOPTED by the following vote:

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

Noes: None

210338 [Contract Modification - Thales Transport & Security Inc. - Advanced Train Control System for Central Subway - Increase Contract Amount - Not to Exceed $27,730,300.40] Resolution approving Modification No. 3 to Contract CN 1266-2, Design Review, Software, Implementation and Testing Services for an Advanced Train Control System (ATCS) for the Central Subway Project, with Thales Transport & Security Inc., to modify ATCS software and designs to conform to national fire codes, correct track speed limits, modify installation requirements, accelerate completion of work, and compensate Thales for costs and impacts it incurred arising from delay to the Project, increasing the contract amount by $12,831,743.60 for a modified contract amount of $27,730,300.40; to extend the substantial completion of the ATCS by 670 days for a total contract term of December 3, 2013, through April 29, 2022, and to extend the contract warranty period to April 29, 2025, to commence upon approval by the Board of Supervisors. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 169-21 ADOPTED by the following vote:

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

Noes: None

210363 [Loan Agreement - 4200 Geary Associates, L.P. - 100% Affordable Housing - 4200 Geary Boulevard - Not to Exceed $14,538,982] Sponsors: Mayor; Chan Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute loan documents relating to a loan to provide financing for the acquisition of real property located at 4200 Geary Boulevard, and predevelopment activities for the construction of a 100% affordable multifamily rental housing project consisting of 98 units for senior households and ancillary commercial space, known as 4200 Geary Boulevard, in an aggregate amount not to exceed $14,538,982; approving the form of the loan agreement and ancillary documents; ratifying and approving any action heretofore taken in connection with the project, as defined herein; granting general authority to City Officials to take actions necessary to implement this Resolution, as defined herein; and finding that the loan is consistent the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 172-21 ADOPTED by the following vote:

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

Noes: None

210354 [Five-Year Financial Plan - FYs 2022-2026] Sponsor: Mayor Resolution adopting the City’s Five-Year Financial Plan for Fiscal Years (FY) 2021-2022 through 2025-2026, pursuant to Charter, Section 9.119. Resolution No. 188-21 ADOPTED by the following vote:

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

Noes: None

ment of at least $94,520,000 in restitution and related interest as well as $7,000,000 in civil penalties; the lawsuit was filed on March 4, 2021, in San Francisco Superior Court, Case No. CGC-21-590091; entitled People of the State of California, acting by and through Dennis J. Herrera as City Attorney of San Francisco; and City and County of San Francisco v. Recology San Francisco, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company; the lawsuit involves Defendants’ violations of California’s Unfair Competition Law and San Francisco Campaign and Governmental Conduct Code based on improper overcharging of San Francisco refuse Ratepayers and unlawful gifts and contributions made to city employees and officers or to third-parties at their request; other material terms of the settlement are that Defendants agree to be bound to a four-year injunction to be presented and entered by the court after the settlement agreement is approved. (City Attorney) Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to a Closed Session at the Board of Supervisors meeting of May 4, 2021. The motion carried by the following vote:

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

Noes: None

210200 [Concurring in Actions to Meet Local Emergency - Coronavirus Response - Thirty-Fifth Supplement] Sponsor: Walton Motion concurring in actions taken by the Mayor in the Thirty-Fifth Supplement to the Proclamation of Emergency to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic by allowing departments to extend COVID-19-related contracts through a streamlined process for an additional twelve months; allowing the Civil Service Commission to approve emergency personal service contracts without requiring advance union notification otherwise required by memoranda of understanding; authorizing the Controller to adopt a policy concerning streamlined approval of certain amendments to non-COVID-19-related contracts; and authorizing the Controller to adopt a policy under which the City may provide expedited payments of funds covering cost-of-doing-business or cost-of-living increases to nonprofit organizations that provide services under existing agreements with the City. Motion No. M21-068 APPROVED by the following vote:

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

Noes: None

210352 [Initiating Landmark Designation - Diego Rivera Mural “The Allegory of California”] Sponsors: Peskin; Preston, Melgar, Chan, Mandelman and Safai Resolution initiating a landmark designation under Article 10 of the Planning Code for Diego Rivera’s fresco, titled “The Allegory of California,” painted in 1931 and located at 155 Sansome Street. Supervisors Chan, Mandelman, and Safai requested to be added as co-sponsors. Resolution No. 187-21 ADOPTED by the following vote:

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

Noes: None

210256 [Appointments, Cannabis Oversight Committee - Ali Jamalian, Aaron Flynn, and Jessica Cry] Motion appointing Ali Jamalian, Aaron Flynn, and Jessica Cry, terms ending December 3, 2022, to the Cannabis Oversight Committee. (Rules Committee) Motion No. M21-069 APPROVED by the following vote:

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

Noes: None

210370 [Appointments, Sunshine Ordinance Task Force - Jaya Padmanabhan and Bruce Wolfe] Motion appointing Jaya Padmanabhan (residency requirement waived) and Bruce Wolfe, terms expiring April 27, 2023, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M21-070 APPROVED by the following vote:

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

Noes: None

210416 [Appointments, Cannabis Oversight Committee - Doug Bloch, Shawn Richard, Leah ‘Nina Parks’ Weitz, Brendan Hallinan, Theresa Foglio-Ramirez, and Sara Payan] Motion appointing Doug Bloch (residency requirement waived), Shawn Richard, Leah ‘Nina Parks’ Weitz (residency requirement waived), Brendan Hallinan, Theresa Foglio-Ramirez (residency requirement waived), and Sara Payan (residency requirement waived), terms ending December 3, 2022, to the Cannabis Oversight Committee. (Rules Committee) Motion No. M21-071 APPROVED by the following vote:

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

Noes: None

210346 [Housing Code - Community Kitchens] Sponsors: Peskin; Mandelman and Chan Ordinance amending the Housing Code to prohibit removal of existing community kitchens in group housing; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

210434 [Supporting California State Assembly Bill No. 937 (Carrillo) - The VISION Act] Sponsors: Walton; Ronen, Haney, Mar, Chan, Mandelman, Preston and Safai Resolution supporting California State Assembly Bill No. 937, “The VISION Act,” authored by Assembly Member Wendy Carrillo, to prohibit any state or local agency from arresting or facilitating assisting with the arrest, confinement, detention, transfer, interrogation, or deportation of an individual for an immigration enforcement purpose. Supervisors Chan, Mandelman, Preston, and Safai requested to be added as co-sponsors. Resolution No. 195-21 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

210378 [Final Map No. 10674 - 2150-2166 Hayes Street] Motion approving Final Map No. 10674, comprised of lots 1, 2 and 3, each a three residential unit condominium project, located at 2150-2166 Hayes Street, being a subdivision of Assessor’s Parcel Block No. 1193, Lot Nos. 111, 112, and 123; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M21-072 APPROVED by the following vote:

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

Noes: Chan, Peskin, Preston

210431 [Supporting California State Assembly Bill No. 666 (Chiu) - Substance Use Disorder Workforce Development] Sponsors: Safai; Mandelman and Stefani Resolution supporting California State Assembly Bill No. 666, which was introduced on February 12, 2021, by Assembly Member David Chiu (AD- 17), and would require the State Department of Health Care Services to issue a workforce needs assessment report that evaluates the current state of the substance use disorder workforce. Supervisors Mandelman and Stefani requested to be added as co-sponsors. Resolution No. 192-21 ADOPTED by the following vote:

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

Noes: None