Board of Supervisors Minutes: May 11, 2021

210312 [Accept and Expend In-Kind Grant - Retroactive - Dogpatch and Northwest Potrero Hill Green Benefit District - Esprit Park Renovation Design Grant - Valued at Approximately $835,000] Sponsors: Mayor; Walton Resolution retroactively authorizing the Recreation and Park Department to accept and expend an in-kind grant valued at approximately $835,000 from the Dogpatch and Northwest Potrero Hill Green Benefit District of design services for the Esprit Park renovation project, for the project term of March 1, 2021, through December 31, 2023. (Recreation and Park Department) Privilege of the floor was granted unanimously to Nathan Tinclair (Recreation and Park Department) and Jeremy Spitz (Public Work) who responded to questions raised throughout the discussion. Supervisor Walton, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 18, 2021. The motion carried by the following vote:

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

Noes: None

t filed by the City and County of San Francisco against Recology San Francisco, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company for payment 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) Ordinance No. 075-21 FINALLY PASSED by the following vote:

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

Noes: None

210286 [Planning Code - Landmark Designation - Lyon-Martin House, 651 Duncan Street] Sponsors: Mandelman; Preston, Peskin, Safai, Mar and Chan Ordinance amending the Planning Code to designate Lyon-Martin House, 651 Duncan Street, Assessor’s Parcel Block No. 6604, Lot No. 036, as a Landmark consistent with the standards set forth in 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. Supervisor Chan requested to be added as a co-sponsor. Ordinance No. 074-21 FINALLY PASSED by the following vote:

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

Noes: None

210252 [Emergency Contract - A. Ruiz Construction Co. & Assoc., Inc - Steam Pipe Repair at Larkin and McAllister - Contract Amount $275,271.70] Resolution approving an emergency public work contract under Administrative Code, Section 6.60, between Public Works and A. Ruiz Construction Co. & Assoc., Inc. to make repairs on the Civic Center Steam Loop for a total contract amount of $275,271.70. (Public Works) (Fiscal Impact) Resolution No. 217-21 ADOPTED by the following vote:

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

Noes: None

210308 [Expenditure Schedule Amendment - Retroactive - U.S. Department of Housing and Urban Development Emergency Solutions Grants Program - ESG-CV Round 2 Entitlement Grant - $10,000,000] Sponsor: Mayor Resolution retroactively approving an amendment of the CARES Act Emergency Solutions Grants Coronavirus (ESG-CV) Round 2 Entitlement Expenditure Plan from the U.S. Department of Housing and Urban Development in the amount of $10,000,000 for operations and services for a congregate shelter for the period of July 1, 2020, through June 30, 2023. Resolution No. 218-21 ADOPTED by the following vote:

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

Noes: None

210336 [Contract Amendment - Department of Energy Western Area Power Administration - Delivery of Low-Cost Power - Not to Exceed $27,691,541] Resolution approving Amendment No. 1 to the contract between the City and County of San Francisco and the United States, through the Department of Energy Western Area Power Administration, for delivery of low-cost power to Treasure Island and Yerba Buena Island, extending the term by 30 years for a total term of January 1, 2005, through December 31, 2054, and increasing the contract amount by $7,691,541 for a total not to exceed amount of $27,691,541 to commence upon Board approval. (Public Utilities Commission) (Fiscal Impact) Resolution No. 219-21 ADOPTED by the following vote:

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

Noes: None

210342 [Lease Amendment No. 3 - World Duty Free Group North America, LLP - Terminal 2 Newsstands, Coffee and Specialty Stores - Term Extension] Resolution approving Amendment No. 3 to the Terminal 2 Newsstands, Coffee and Specialty Stores Lease No. 10-0232, between World Duty Free Group North America, LLP, as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, for an extension of the term for no later than 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 approval by the Board of Supervisors. (Airport Commission) Resolution No. 220-21 ADOPTED by the following vote:

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

Noes: None

210372 [Lease Amendment - Smarte Carte, Inc - Airport Luggage Cart and Operating - Charge for Luggage Carts in the Federal Inspection Service Area] Resolution approving Amendment No. 2 to the Airport Luggage Cart Lease and Operating Agreement No. 19-0069 between Smarte Carte, Inc., as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, to change the luggage cart service in the Federal Inspection Service (FIS) area from a free service to a paid service, give the Airport Director authorization to reinstate the provision of free carts in the FIS and resume payment of the Annual Service Fee, at the Airport Director’s discretion, and exercise the one three-year option for a total term of January 1, 2020, through December 31, 2025, to commence following Board approval. (Airport Commission) Resolution No. 221-21 ADOPTED by the following vote:

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

Noes: None

210373 [Contract Amendment - San Francisco New Deal - Feeding Services for Alternative Shelter Locations - Not to Exceed $18,990,675] Resolution approving a contract amendment between the City and County of San Francisco and San Francisco New Deal, for feeding services for Alternative Shelter locations, to extend the contract term by twelve months for a total term of May 18, 2020, through May 17, 2022, and to increase the contract amount by $9,073,625 for a total not to exceed amount of $18,990,675 to commence on May 18, 2021. (Human Services Agency) (Fiscal Impact) Resolution No. 222-21 ADOPTED by the following vote:

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

Noes: None

210374 [Contract Amendment - SMG Food and Beverage LLC - Feeding Services for Alternative Shelter Locations - Not to Exceed $16,807,483] Resolution approving a contract amendment between the City and County of San Francisco and SMG Food and Beverage LLC, for feeding services for Alternative Shelter locations, to extend the contract term by twelve months for a total term of May 18, 2020, through May 17, 2022, and to increase the contract amount by $7,327,666 for a total not to exceed amount of $16,807,483 to commence on May 18, 2021. (Human Services Agency) (Fiscal Impact) Resolution No. 223-21 ADOPTED by the following vote:

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

Noes: None

210385 [Issuance of Development Special Tax Bonds - City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services) - Not to Exceed Aggregate Principal Amount of $64,900,000] Sponsor: Mayor Resolution authorizing the issuance and sale of one or more series of Development Special Tax Bonds for City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services) in the aggregate principal amount not to exceed $64,900,000 supplementing Resolution No. 196-20; approving related documents, as defined herein, including an Official Statement, a First Supplement to Fiscal Agent Agreement, Bond Purchase Agreement, and Continuing Disclosure Certificate; and determining other matters in connection therewith, as defined herein. Resolution No. 224-21 ADOPTED by the following vote:

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

Noes: None

210386 [Pledge Agreement Related Documents - CCSF Infrastructure Financing District No. 2 (Port of San Francisco) Sub-Project Areas I-1 through I-13 - Special Tax Bonds - CCSF Special Tax District No. 2020-1 (Mission Rock Facilities and Services)] Sponsor: Mayor Resolution approving certain documents and actions related to a Pledge Agreement by City and County of San Francisco (CCSF) Infrastructure Financing District No. 2 (Port of San Francisco) and special tax bonds for City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services); and determining other matters in connection therewith, as defined herein. (Fiscal Impact.) Resolution No. 225-21 ADOPTED by the following vote:

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

Noes: None

210259 [Fire, Existing Building Codes - Fire Alarm Systems Upgrade Deadline] Sponsors: Stefani; Peskin, Safai, Chan and Mandelman Ordinance amending the Fire Code and Existing Building Code to extend the deadline for building owners to upgrade existing fire alarm systems from July 1, 2021, to July 1, 2023; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisors Chan and Mandelman 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

Noes: None

210443 [Appointment, Sugary Drinks Distributor Tax Advisory Committee - Dianna Cavagnaro] Motion appointing Dianna Cavagnaro, term ending December 31, 2022, to the Sugary Drinks Distributor Tax Advisory Committee. (Clerk of the Board) Motion No. M21-076 APPROVED by the following vote:

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

Noes: None

210451 [Appointments, Veterans Affairs Commission - Jason Chittavong, George Ishikata, and Nicholas Rusanoff] Motion appointing Jason Chittavong, term ending January 31, 2023, and George Ishikata and Nicholas Rusanoff, terms ending January 31, 2025, to the Veterans Affairs Commission. (Rules Committee) Motion No. M21-077 APPROVED by the following vote:

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

Noes: None

210456 [Emergency Ordinance - COVID-Related Hazard Pay] Sponsor: Walton Reenactment of emergency ordinance (Ordinance No. 36-21) to temporarily require certain retail locations that include grocery stores or pharmacies, and property service contractors for retail locations that include grocery stores or pharmacies, to pay employees an additional five dollars per hour 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. 073-21 FINALLY PASSED by the following vote:

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

Noes: None

210418 [Mayoral Appointment, Retirement Board - Shruti Gandhi] Motion approving/rejecting the Mayor's nomination for appointment of Shruti Gandhi to the Retirement Board, for a term ending February 20, 2024. (Clerk of the Board) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within thirty days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 16, 2021) Privilege of the floor was granted unanimously to Shruti Gandhi, Appointee, and Sophia Kittler (Mayor's Office) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Melgar, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 3, by striking ‘/rejecting’, and Line 16, by striking ‘/rejects’. The motion carried by the following vote:

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

Noes: None

Motion approving the Mayor's nomination for appointment of Shruti Gandhi to the Retirement Board, for a term ending February 20, 2024. (Clerk of the Board) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within thirty days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date: April 16, 2021) Motion No. M21-078 APPROVED AS AMENDED by the following vote:

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

Noes: None

210485 [Parcel Map No. 9610 - Potrero HOPE SF Project, Phase 2] Motion approving Parcel Map No. 9610, Potrero HOPE SF Project, Phase 2, relating to the Potrero HOPE SF Project, the merger and resubdivision of existing Assessor’s Parcel Block Nos. 4285B-001 and 4285B-002 resulting in two lots intended for housing and two lots dedicated to the City as public right-of-way by separate instrument, subject to certain conditions; approving a Public Improvement Agreement related to the Parcel Map; and acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M21-079 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Stefani

Supervisor Stefani, seconded by Supervisor Walton, moved to rescind the previous vote. The motion carried by the following vote

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

Noes: None

The foregoing items were acted upon by the following vote:

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

Noes: None

210510 [Urging Continued Access to Angel Island] Sponsors: Mar; Melgar, Chan, Peskin and Safai Resolution reaffirming the importance of Angel Island State Park and the Angel Island Immigration Station as sites of immense public and historic interest, and urging the California Public Utilities Commission, California Department of Parks and Recreation, and Golden Gate Bridge Highway and Transportation District Board of Directors to take all necessary measures to ensure continued access to Angel Island. Superivsors Chan, Peskin, and Safai requested to be added as co-sponsors. ADOPTED by the following vote:

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

Noes: None

Absent: Stefani

Supervisor Stefani, seconded by Supervisor Walton, moved to rescind the previous vote. The motion carried by the following vote

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

Noes: None

Resolution No. 226-21 ADOPTED by the following vote:

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

Noes: None

210512 [Supporting California State Senate Bill No. 617 (Wiener) - Residential Solar Energy Systems: Permitting] Sponsors: Safai; Mar Resolution supporting California State Senate Bill No. 617, Residential Solar Energy Systems: Permitting, introduced by Senator Scott Wiener, that would direct jurisdictions of a certain size to implement automated permitting for small residential rooftop solar systems, and calls for the California Energy Commission to establish a grant program that would provide resources for cities and counties to do this. Suipervisor Mar requested to be added as a co-sponsor. ADOPTED by the following vote:

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

Noes: None

Absent: Stefani

Supervisor Stefani, seconded by Supervisor Walton, moved to rescind the previous vote. The motion carried by the following vote

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

Noes: None

Resolution No. 227-21 ADOPTED by the following vote:

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

Noes: None

210516 [James W. Chow Day - May 12, 2021] Sponsors: Chan; Mar and Peskin Resolution commending James W. Chow on the occasion of his 100th birthday, and declaring May 12, 2021, as James W. Chow Day in the City and County of San Francisco. Supervisors Mar and Peskin requested to be added as co-sponsors. Resolution No. 230-21 ADOPTED by the following vote:

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

Noes: None