Board of Supervisors Minutes: May 18, 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) Resolution No. 231-21 ADOPTED by the following vote:

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

Noes: None

210335 [Lease Extension Modification - 2011 Lease and Use Agreements - Various Airlines] Resolution approving a Lease Modification to the 2011 Lease and Use Agreement between the City and County of San Francisco, acting by and through its Airport Commission, and 39 various Signatory Airlines, extending the term for two years from July 1, 2021, through June 30, 2023; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Airport Commission) Resolution No. 232-21 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. Ordinance No. 077-21 FINALLY PASSED by the following vote:

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

Noes: None

210345 [Contract Amendment - Baker Places - Behavioral Health Respite Services - Not to Exceed $27,233,566] Resolution approving Amendment No. 2 to the agreement between Baker Places and the Department of Public Health for behavioral health respite services, to increase the agreement amount by $17,263,699 for an amount not to exceed $27,233,566; and to extend the term by five years from July 1, 2021, for a total agreement term of January 1, 2019, through June 30, 2026. (Public Health Department) (Fiscal Impact) Resolution No. 233-21 ADOPTED by the following vote:

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

Noes: None

210400 [Issuance and Sale of Revenue Obligations - California Enterprise Development Authority - Alta Vista School - Not to Exceed $20,000,000] Sponsor: Ronen Resolution approving for purposes of Internal Revenue Code of 1986, as amended, Section 147(f) of the Issuance and Sale of Revenue Obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $20,000,000 to finance or refinance the acquisition, construction, renovation, rehabilitation, improvement and/or equipping of educational and related facilities to be owned and operated by Alta Vista School, a California nonprofit public benefit corporation. Resolution No. 238-21 ADOPTED by the following vote:

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

Noes: None

and transitional housing, mental/behavioral health facilities, and street resurfacing and right-of-way projects; $90,000,000 from Series 2021E Earthquake Safety and Emergency Response General Obligation Bonds to DPW and the Public Utilities Commission (PUC) for Fire Department facilities and emergency firefighting water system improvements; and placing these funds on Controller’s Reserve pending receipt of bond proceeds. (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Haney, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 15, Lines 7-13, by adding ‘Section 8: $54,000,000 of the appropriation is hereby placed on Controller’s Appropriation Reserve for Portsmouth Square. Release of appropriation reserves by the Controller for construction related expenditures (excluding program management, planning and design) for Portsmouth Square is subject to the prior occurrence of the Board of Supervisors’ discretionary adoption of California Environmental Quality Act (CEQA) Findings for Portsmouth Square, following review and consideration of completed project environmental analysis, where required.’ The motion carried by the following vote:

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

Noes: None

(Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

suance of General Obligation Bonds (Health and Recovery, 2020) - Not to Exceed $487,500,000] Sponsor: Mayor Resolution providing for the issuance of not to exceed $487,500,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Health and Recovery, 2020); authorizing the issuance and sale of such bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts related thereto; adopting findings under the California Environmental Quality Act (“CEQA”), the CEQA Guidelines and Administrative Code, Chapter 31; finding that the proposed projects are in conformity with the priority policies of Planning Code, Section 101.1, and with the General Plan consistency requirement of Charter, Section 4.105, and Administrative Code, Section 2A.53; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the issuance and sale of such bonds, as defined herein. (Fiscal Impact) Resolution No. 234-21 ADOPTED by the following vote:

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

Noes: None

taxable basis of City and County of San Francisco General Obligation Bonds (Health and Recovery, 2020), Series 2021D; prescribing the form and terms of such bonds and any subseries designation; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 235-21 ADOPTED by the following vote:

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

Noes: None

Francisco General Obligation Bonds (Earthquake Safety and Emergency Response, 2020), Series 2021E; prescribing the form and terms of such bonds and any subseries designation; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents, as defined herein; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 236-21 ADOPTED by the following vote:

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

Noes: None

and County of San Francisco General Obligation Bonds (Transportation and Road Improvement Bonds, 2014), Series 2021C; prescribing the form and terms of such bonds and any subseries designation; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 237-21 ADOPTED by the following vote:

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

Noes: None

210427 [Urging Forgiveness of California’s Utility Debt and Extension of the Utility Shut-Off Moratorium] Sponsors: Chan; Preston, Mandelman, Ronen, Safai and Walton Resolution urging Governor Gavin Newsom and the California Public Utilities Commission to extend the utility shut-off moratorium past June 30, 2021, and forgive utility debt beginning March 2020. Supervisors Ronen, Safai, and Walton requested to be added as co-sponsors. Resolution No. 239-21 ADOPTED by the following vote:

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

Noes: None

210305 [Administrative Code - Termination of Commercial Tenancies Due to COVID-19] Sponsors: Peskin; Chan, Mandelman and Safai Ordinance amending the Administrative Code to clarify the rights of landlords and “Tier 1” commercial tenants (certain commercial tenants that employ fewer than ten full-time equivalent employees as of November 1, 2020) following the tenant’s termination of the lease due to COVID-19. 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

City and County of San Francisco Page 422 Printed at 7:45 pm on 10/20/21 Board of Supervisors Meeting Minutes 5/18/2021 Recommendation of the Rules Committee Supervisor Preston Excused from Voting Supervisor Peskin, seconded by Supervisor Melgar, moved that Supervisor Preston be excused from voting on File No. 210517. The motion carried by the following vote:

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

Noes: None

Excused: Preston

210517 [Appointment, Local Agency Formation Commission - Supervisor Dean Preston] Motion appointing Supervisor Dean Preston, term ending February 4, 2022, to the Local Agency Formation Commission. (Clerk of the Board) Motion No. M21-080 APPROVED by the following vote:

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

Noes: None

Excused: Preston

210287 [Planning Code - Temporary Closure of Liquor Stores in Polk Street Neighborhood Commercial District] Sponsor: Peskin Ordinance amending the Planning Code to provide that temporary closure of liquor stores in the Polk Street Neighborhood Commercial District (NCD) as a result of a major capital improvement project is not an abandonment of such use, and that relocation of such use to another location in the Polk Street NCD does not require a new Conditional Use permit; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Noes: None

210532 [Final Map No. 10602 - 331 Pennsylvania Avenue] Motion approving Final Map No. 10602, a seven residential unit condominium project, located at 331 Pennsylvania Avenue, being a subdivision of Assessor’s Parcel Block No. 4040, Lot No. 026; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M21-082 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

210541 [Opposing Human Rights Violations in Colombia] Sponsors: Haney; Preston and Walton Resolution opposing human rights violations in Colombia and demanding the implementation of the Leahy Law to suspend economic assistance to the Colombian Anti-Riot Police Force, also known as the Mobile Anti-Disturbances Squadron. Supervisor Walton requested to be added as a co-sponsor. Resolution No. 240-21 ADOPTED by the following vote:

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

Noes: None

210542 [Queer and Transgender Asian and Pacific Islanders Week - May 22 through 29, 2021] Sponsors: Mandelman; Walton, Chan, Haney, Mar, Safai, Peskin, Melgar, Ronen, Stefani and Preston Resolution celebrating Queer and Transgender Asian and Pacific Islanders (QTAPI) and declaring May 22 through 29, 2021, as QTAPI Week in the City and County of San Francisco. Supervisors Chan, Haney, Mar, Safai, Peskin, Melgar, Ronen, Stefani, and Preston requested to be added as co-sponsors. Resolution No. 241-21 ADOPTED by the following vote:

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

Noes: None

210549 [Supporting California State Assembly Bill No. 528 (Wicks) - Abandoned Lots and Properties into Opportunity Act] Sponsors: Preston; Walton, Chan, Peskin, Haney, Ronen, Melgar, Mar, Safai and Mandelman Resolution supporting California State Assembly Bill No. 528, Abandoned Lots and Properties into Opportunity Act, authored by Assembly Member Buffy Wicks, that would remove certain tax-defaulted and abandoned properties from neighborhoods, give affordable housing developers an opportunity to build in more places, and remove tax delinquent properties from the county ledger, while keeping existing tenants housed by strengthening and improving the existing Chapter 8 process for acquiring and rehabbing tax delinquent second homes. Supervisors Safai and Mandelman requested to be added as co-sponsors. Resolution No. 243-21 ADOPTED by the following vote:

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

Noes: None

210550 [Supporting California State Assembly Bill No. 812 (Garcia) - The Repeal of the Spousal Rape Exception Act] Sponsors: Stefani; Walton, Chan, Preston, Safai, Mandelman, Melgar and Mar Resolution supporting California State Assembly Bill No. 812, The Repeal of the Spousal Rape Exception Act, authored by State Assembly Member Cristina Garcia, which would eliminate the “spousal rape exception” in the California Penal Code (Section 262) to ensure that “spousal rape” is treated and punished as seriously as rape of a non-spouse. Supervisors Chan, Preston, Safai, Mandelman, Melgar, and Mar requested to be added as co-sponsors. Resolution No. 244-21 ADOPTED by the following vote:

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

Noes: None

210522 [Appointment, Child Care Planning and Advisory Council - Monique Guidry] Motion appointing Monique Guidry, term ending September 14, 2023, to the Child Care Planning and Advisory Council. (Clerk of the Board) Motion No. M21-083 APPROVED by the following vote:

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

Noes: None