Board of Supervisors Minutes: June 8, 2021

210380 [Youth Programs for Summer 2021] Sponsors: Chan; Ronen, Melgar, Safai and Mar Ordinance requiring the Department of Children, Youth, and Their Families (DCYF) and the Recreation and Park Department (RPD) to develop and implement a program to maximize public school youth access to summer programming in 2021; and requiring DCYF and RPD to submit a report regarding implementation of the program to the Board of Supervisors and the Students and Families Recovery and Inclusive Successful Enrichment (RISE) Working Group within 60 days of program completion. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 081-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

of proceeds from Series 2021C Transportation and Road Improvement General Obligation (GO) Bonds to the Municipal Transportation Agency (MTA) for street and transit projects; $425,000,000 of proceeds from Series 2021D Health and Recovery General Obligation Bonds to the Recreation and Park Department (RPD), Department of Homelessness and Supportive Housing (HSH), Department of Public Health (DPH), and Department of Public Works (DPW) for improvements to parks, recreation facilities, and open spaces, permanent supportive 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) Privilege of the floor was granted unanimously to Phil Ginsburg, General Manager (Recreation and Park Department), who responded to questions raised throughout the discussion. Ordinance No. 082-21 FINALLY PASSED by the following vote:

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

210453 [Appropriation - COVID Contingency Reserve - Municipal Transportation Agency - Free Muni Pilot Program - $12,500,000 - FY2020-2021] Sponsors: Preston; Haney, Walton, Ronen and Chan Ordinance appropriating $12,500,000 from the COVID Contingency Reserve to the San Francisco Municipal Transportation Agency to support a Free Muni Pilot Program in July, August, and September 2021 in Fiscal Year (FY) 2020-2021. (Fiscal Impact) (Supervisor Safai dissented in Committee.) FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mar, Peskin, Preston, Ronen, Walton

Noes: Mandelman, Melgar, Safai, Stefani

210454 [Administrative Code - Free Muni Pilot Program Fund] Sponsors: Preston; Haney, Walton, Ronen and Chan Ordinance amending the Administrative Code to create a special fund for a Free Muni pilot program ending September 30, 2021, and setting conditions for use of the Fund. (Supervisor Safai dissented in Committee.) FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mar, Peskin, Preston, Ronen, Walton

Noes: Mandelman, Melgar, Safai, Stefani

210068 [Lease Amendment - Domestic Terminal 3 Common Use Club Lease No. 13-0006 - American Express Travel Related Services Company, Inc. - Minimum Annual Guarantee $3,226,546 - Annual Promotional Charge $15,287] Resolution approving Amendment No. 2 to the Domestic Terminal 3 Common Use Club Lease No. 13-0006 between American Express Travel Related Services Company, Inc. and the City and County of San Francisco, acting by and through its Airport Commission, to increase the square footage of the Lounge premises to approximately 15,287 square feet, establish a new Minimum Annual Guarantee amount of $3,226,546 for the newly expanded premises, increase the annual Promotional Charge to $15,287 in proportion to the net increase in square footage of the premises and to extend the ten year term by seven years with a new expiration date of November 5, 2031, to commence upon Board approval. (Airport Commission) Resolution No. 270-21 ADOPTED by the following vote:

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

210444 [Lease Amendment - Marilla Chocolate Company, Inc. - Terminal 3 Boarding Area F Gourmet Food and Gift Store Lease No. 10-0309 - Term Extension] Resolution approving Amendment No. 4 to the Terminal 3 Boarding Area F Gourmet Food and Gift Store Lease No. 10-0309, between Marilla Chocolate Company, Inc., as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, for an extension of the term to 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. 275-21 ADOPTED by the following vote:

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

210361 [Accept and Expend Grant - Retroactive - State of California, Employment Development Department - WIOA 25% Dislocated Worker Supportive Services - $775,000] Sponsor: Mayor Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $775,000 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) 25% Dislocated Worker Supportive Services, for the grant period of March 1, 2020, through June 30, 2021. Resolution No. 272-21 ADOPTED by the following vote:

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

210458 [Accept and Expend Grant - Retroactive - The Regents of the University of California, San Francisco - Institute for Global Health Sciences International Training Program - $112,210] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $29,169 for a total amount of $112,210 from the Regents of the University of California, San Francisco for participation in a program, entitled “Institute for Global Health Sciences International Training Program,” for the period of September 1, 2016, through June 30, 2021. (Public Health Department) Resolution No. 276-21 ADOPTED by the following vote:

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

210483 [Comparative Fault Indemnification Provision - General Electric Renewable US LLC - Design-Build Construction Contract] Resolution approving the negotiated comparative fault indemnification provision in the San Francisco Public Utilities Commission design-build construction contract with General Electric Renewable US LLC for the Moccasin Powerhouse Generator Rehabilitation Project, pursuant to Administrative Code, Section 6.22(c), to commence following Board approval. (Public Utilities Commission) Privilege of the floor was granted unanimously to John Scarpulla (Public Utilities Commission), and Anne Pearson and Randy Parent, Deputy City Attorneys (Office of the City Attorney), who responded to questions raised throughout the discussion. Resolution No. 269-21 ADOPTED by the following vote:

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

210304 [Administrative Code - Departmental Overdose Prevention Policies] Sponsors: Haney; Ronen, Safai and Mandelman Ordinance amending the Administrative Code to require the Department of Public Health, Department of Homelessness and Supportive Housing, Human Services Agency, and Department of Emergency Management to develop and submit to the Board of Supervisors departmental overdose prevention policies. 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

210407 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - Julia Prochnik] Motion approving the Mayor’s nomination for the reappointment of Julia Prochnik to the Treasure Island Development Authority Board of Directors, for the unexpired portion of a four-year term ending February 26, 2025. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are not City officers are only effective upon approval by a majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal Date: April 16, 2021.) Motion No. M21-093 APPROVED by the following vote:

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

210487 [Affirming the Categorical Exemption Determination - 1801 Mission Street] Motion affirming the determination by the Planning Department that the proposed project at 1801 Mission Street is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M21-092 Supervisor Ronen, seconded by Supervisor Safai, moved that this Motion be APPROVED. The motion carried by the following vote:

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

210488 [Conditionally Reversing the Exemption Determination - 1801 Mission Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 1801 Mission 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) Supervisor Ronen, seconded by Supervisor Safai, 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

210489 [Preparation of Findings to Reverse the Exemption Determination - 1801 Mission Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 1801 Mission Street is exempt from further environmental review. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Safai, 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

210391 [Lease of Real Property - 1076 Howard Street LLC - 1076 Howard Street - $854,235 Per Year in Base Rent - Up to $1,888,990 in Tenant Improvements] Sponsor: Mayor Resolution approving and authorizing the Director of Property, on behalf of the Department of Public Health, to lease real property located at 1076 Howard Street, for an initial term of eight years and six months, from 1076 Howard Street LLC, at a base rent of $854,235 per year with 3% annual increases, and the City will contribute up to an additional $1,888,990 in tenant improvements; authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the Lease and this Resolution, as defined herein; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings under the California Environmental Quality Act. (Fiscal Impact) Resolution No. 273-21 ADOPTED by the following vote:

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

livery of multifamily housing revenue notes in two or more series in an aggregate principal amount not to exceed $90,000,000 for the purpose of providing financing for the construction of a 131-unit multifamily rental housing project known as “Balboa Park Upper Yard;” approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City, and the execution and delivery of the notes; approving the form of and authorizing the execution of a project loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes, and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the notes and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 277-21 ADOPTED by the following vote:

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

community-serving purposes (the “Project”); 2) approving and authorizing a Loan Agreement in an amount not to exceed $24,459,458 for a minimum loan term of 57 years (“Loan Agreement”) to finance the development and construction of the Project; 3) approving and authorizing a Declaration of Restrictions and Reservations of Easements between the City, the San Francisco Bay Area Rapid Transit District (“BART”), and the Developer for $0 for a no-build area to benefit the Project (“No-Build Easement”); 4) approving and authorizing an Easement Agreement between the City and BART for $0 to relocate an existing storm drain lateral (“Storm Drain Easement”); 5) adopting findings that the Project and proposed transactions are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and 6) authorizing the Director of Property and/or the Director of MOHCD to execute the Ground Lease, Loan Agreement, No-Build Easement, and Storm Drain Easement, make certain modifications to such agreements, as defined herein, and take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Resolution No. 278-21 ADOPTED by the following vote:

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

210569 [Accept and Expend Grant - California Department of Housing and Community Development - Infill Infrastructure Grant Program - 2340 San Jose Avenue - $3,500,000] Sponsors: Mayor; Safai Resolution authorizing the Mayor’s Office of Housing and Community Development (“MOHCD”) to execute the Standard Agreements with California Department of Housing and Community Development (“HCD”) under the Infill Infrastructure Grant Program for a total award of $3,500,000 disbursed by HCD as a grant to the Mission Housing Development Corporation, A California nonprofit corporation for infrastructure improvements to the Balboa Park Plaza adjacent to and in support of a 100% affordable housing project at 2340 San Jose Avenue, for the period starting on the execution date of the Standard Agreements through June 30, 2023, and as amended; and authorizing MOHCD to accept and expend the grant of $3,500,000 for transportation related improvement approved by HCD. (Mayor’s Office of Housing and Community Development) Resolution No. 279-21 ADOPTED by the following vote:

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

pt and Expend Grant - California Department of Housing and Community Development - Affordable Housing and Sustainable Communities Program - 2340 San Jose Avenue - $25,319,112] Sponsors: Mayor; Safai Resolution authorizing the Mayor’s Office of Housing and Community Development (“MOHCD”) to execute the Standard Agreements with the California Department of Housing and Community Development (“HCD”) under the Affordable Housing and Sustainable Communities Program for a total award of $25,319,112 including $15,319,112 disbursed by HCD as a loan to the Balboa Park Housing Partners L.P. (“Developer”) for a 100% affordable housing project at 2340 San Jose Avenue and $10,000,000 to be disbursed as a grant to the City and/or Developer for public transportation improvements near 2340 San Jose Avenue, for the period starting on the execution date of the Standard Agreements to June 30, 2040; and authorizing MOHCD to accept and expend the grant of up to $10,000,000 for transportation, bicycle and pedestrian improvements and other transit oriented programming and improvement approved by HCD. (Mayor’s Office of Housing and Community Development) Resolution No. 280-21 ADOPTED by the following vote:

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

210053 [Emergency Ordinance - Eviction Protection for Tenants Unable to Pay Rent] Sponsors: Preston; Walton, Chan, Ronen, Melgar, Peskin, Mandelman and Haney Emergency ordinance to temporarily restrict landlords from evicting residential tenants for non-payment of rent that came due on or after July 1, 2021, in response to the COVID-19 pandemic; to prohibit landlords from imposing late fees, penalties, or similar charges on such tenants; and making findings as required by the California Tenant Protection Act of 2019. (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 Mandelman and Haney requested to be added as co-sponsors. Ordinance No. 079-21 FINALLY PASSED by the following vote:

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

r, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Persons in attendance: Anne Pearson, Ronald Flynn, Yvonne Mere, and Matthew Goldberg, Deputy City Attorneys (Office of the City Attorney); Michael Carlin, General Manager, Steve Ritchie, and Tyrone Jue (Public Utilities Commission); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). The matter was heard in closed session and no action taken. HEARD IN CLOSED SESSION RECONVENED AS THE BOARD OF SUPERVISORS The Board of Supervisors reconvened at the hour of 9:00 p.m. The following Members of the Board of Supervisors were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Stefani, and Walton Upon reconvening, Supervisor Safai was noted not present and was absent for the remainder of the meeting. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Melgar, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Absent: Safai

210620 [Supporting California State Assembly Bill No. 1584 (Chiu) - Residential Certificate of Preference] Sponsors: Walton; Mandelman, Safai, Peskin, Chan, Preston and Haney Resolution supporting California State Assembly Bill No. 1584, Residential Certificate of Preference, authored by Assembly Member David Chiu, to prioritize descendants of people displaced under redevelopment initiatives for city-funded affordable housing lotteries. Supervisors Preston and Haney requested to be added as co-sponsors. Resolution No. 288-21 ADOPTED The foregoing items were acted upon by the following vote:

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

g the San Francisco Public Utilities Commission, the State of California, and the California State Water Resources Control Board, to redouble their efforts to reach a voluntary agreement regarding the Bay-Delta Plan.’; and Page 3, Lines 7-12, by changing ‘RESOLVED, That the Board of Supervisors of the City and County of San Francisco reiterates its support for the 2018 Update to the Bay-Delta Plan and calls on the San Francisco Public Utilities Commission to pause its litigation against the State of California and the State Water Resources Board to allow for deliberate public engagement on the underlying issues and negotiation among the interested parties.’ to ‘RESOLVED, That the Board of Supervisors of the City and County of San Francisco reiterates its support for the 2018 Update to the Bay-Delta Plan and calls on the San Francisco Public Utilities Commission, the State of California, and the State Water Resources Board, to redouble the efforts to reach a voluntary agreement which would allow for deliberate public engagement on the underlying issues and negotiation among the interested parties, to obviate the need for further litigation.’ The motion carried by the following vote:

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

Absent: Safai

City and County of San Francisco Page 480 Printed at 8:48 pm on 10/20/21 Board of Supervisors Meeting Minutes 6/8/2021 Resolution urging the San Francisco Public Utilities Commission, the State of California, and the California State Water Resources Control Board, to redouble their efforts to reach a voluntary agreement regarding the Bay-Delta Plan. Resolution No. 281-21 ADOPTED AS AMENDED by the following vote:

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

Absent: Safai

210612 [Urging Extension of Utility Debt Relief] Sponsors: Chan; Walton, Preston and Mandelman Resolution urging Governor Gavin Newsom and the California Public Utilities Commission to extend utility debt relief to assist households up to 80% Area Median Income and customers enrolled in Community Choice Aggregation programs. Supervisors Preston and Mandelman requested to be added as co-sponsors. Resolution No. 282-21 ADOPTED by the following vote:

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

210613 [Supporting California State Senate Bill No. 612 (Portantino) - Allocation of Legacy Resources] Sponsors: Chan; Mandelman Resolution supporting California State Senate Bill No. 612, authored by Senator Anthony Portantino, which would require electric investor-owned utilities to offer community choice aggregators and electric service providers an allocation of certain electrical resources paid for through exit fees of the departing load. Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 283-21 ADOPTED by the following vote:

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

210629 [Reappointment, Park, Recreation, and Open Space Advisory Committee - Wendy Aragon] Motion reappointing Wendy Aragon, term ending February 1, 2022, to the Park, Recreation and Open Space Advisory Committee. (Clerk of the Board) Motion No. M21-094 APPROVED by the following vote:

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