Imperium

Clerk Calvillo informed the Board that Mayor Breed vetoed Ordinance 191261, which would have appropriated $2.7 million from the General Reserve to support City College class reinstatement, contingent on an executed agreement for FY2019-2020. The Board had until February 24, 2020, to override the veto with a two-thirds vote, but no request to agendize the veto was received, so the veto remains in effect.

President Yee asked if there were any corrections to the minutes from the January 7 and January 14 Board meetings. There were no requests for changes. Supervisor Peskin, seconded by Supervisor Walton, moved to approve the minutes. The motion passed with all 11 members voting in favor, following general public comment.

There were no changes to the agenda.

Ordinance 190355, sponsored by the Mayor and Supervisor Haney, amends the Planning Code to allow the Planning Department to authorize certain temporary activities at development project sites for up to 36 months, with a possible extension of up to 24 additional months. It also adopts the Planning Department's determination under CEQA, makes consistency findings with the General Plan and Planning Code Section 101.1, and finds public convenience, necessity, and welfare under Planning Code Section 302. The ordinance finally passed with a unanimous vote.

Ordinance 191281, sponsored by Supervisor Ronen and co-sponsored by Supervisors Preston, Fewer, Haney, Peskin, Walton, and Mandelman, amends the Administrative Code to classify certain unlawful detainer settlement agreements as "Buyout Agreements." It requires the Rent Board to provide more information on the disclosure form landlords must give tenants before buyout negotiations begin, requires landlords to provide the disclosure form a certain number of days before the Buyout Agreement is executed and to verify to the Rent Board that disclosures were provided, requires landlords to include identifying information in the final Buyout Agreement, and allows tenants to invalidate any provision waiving their rights if the landlord does not timely file the Buyout Agreement with the Rent Board. The ordinance finally passed with a unanimous vote.

Ordinance 190973, sponsored by Supervisor Haney, amends the Health Code to allow the Director of the Department of Public Health to authorize an existing Medical Cannabis Dispensary (MCD) permittee to operate at a new location, provided they meet certain criteria, including being a verified Equity Applicant, having been evicted from their original location, and having the new location authorized for MCD use. Supervisor Haney, seconded by Supervisor Peskin, moved to amend the ordinance to add a clause stating that the Director has not been notified of any court judgement finding that the owner of the new location has wrongfully evicted another permittee from the new location. The amendment passed unanimously. The amended ordinance then passed on first reading with 9 ayes and 2 noes (Supervisors Stefani and Yee).

Ordinance 191181, sponsored by the Mayor, orders the vacation of streets on a portion of the Vallejo Street and Davis Street right-of-ways for improvements for the Teatro ZinZanni hotel, entertainment venue, and public open space project. It makes findings about the Mitigated Negative Declaration under CEQA and that the actions are consistent with the General Plan and Planning Code Section 101.1. The ordinance finally passed with a unanimous vote.

Ordinance 191258, sponsored by Supervisor Peskin, repeals and reenacts certain provisions to update the Hotel Conversion Ordinance. The update includes revising definitions of comparable unit, conversion, and low-income household; revising procedures for permits to convert residential units; harmonizing fees and penalty provisions with the Building Code; eliminating seasonal short-term rentals for residential hotels that have violated provisions of the Hotel Conversion Ordinance in the previous year; authorizing the Department of Building Inspection to issue administrative subpoenas; and affirming the Planning Department’s determination under CEQA. Supervisor Peskin, seconded by Supervisor Fewer, moved to continue the ordinance on first reading to the March 24, 2020, Board meeting. The motion carried with a unanimous vote.

Resolution 200006 approves Modification No. 1 to Contract No. 11211.51 with SITA Information Networking Computing USA, Inc. to increase the contract amount by $5,928,253, bringing the total not to exceed amount to $15,894,796, with no change to the contract term, which expires on December 31, 2023. The resolution was adopted with a unanimous vote, and Harvey Rose from the Office of the Budget and Legislative Analyst answered questions raised during the discussion.

Resolution 200043, sponsored by the Mayor and co-sponsored by Supervisors Peskin, Haney, Walton, Safai, and Preston, approves and authorizes the Director of Property to lease real property at 888 Post Street for an initial term of 20 years commencing on October 1, 2020, from TC II 888 Post, LLC, at a base rent of $1,500,000 per year, increasing at 3% per year. It also authorizes the City to contribute up to $5,000,000 towards the cost of landlord work and allows the Director of Property to negotiate future subleases, including with Goodwill Industries. The resolution also finds the transaction in conformance with the General Plan and CEQA. The resolution was adopted with a unanimous vote.

Resolution 200062 authorizes the General Manager of the Public Utilities Commission to execute Agreement No. PRO.0138.A with HDR Engineering, Inc. for planning, design, and possibly engineering support, with an agreement amount not to exceed $11,000,000 and a term not to exceed 11 years, from April 16, 2020, through April 15, 2031. The resolution was adopted with a unanimous vote.

Resolution 200063 authorizes the General Manager of the Public Utilities Commission to execute Agreement No. PRO.0138.C with AECOM Technical Services, Inc. for planning, design, and possibly engineering support, with an agreement amount not to exceed $11,000,000 and a term not to exceed 11 years, from April 16, 2020, through April 15, 2031. The resolution was adopted with a unanimous vote.

Resolution 200046 authorizes Public Works to accept and expend a $15,000,000 grant from the United States Department of Transportation for the FY 2018 Better Utilizing Investments to Leverage Development Transportation Discretionary Grant to fund the construction of the Better Market Street Phase 1 project from June 2020 through June 2025. The resolution was adopted with a unanimous vote.

Resolution 200091, sponsored by the Mayor and Supervisor Walton, authorizes the Recreation and Park Department to accept in-kind grants from the San Francisco Public Health Foundation for playground equipment and materials from Ross Recreation for improvements to the Bay View Playground valued up to $180,000. The resolution was adopted with a unanimous vote.

Resolution 200094, sponsored by the Mayor, authorizes 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 $20,000,000 including $13,700,000 disbursed by HCD as a loan to Turk 500 Associates L.P. for a 100% affordable housing project at 500 Turk Street and $6,300,000 to be disbursed as a grant to the City public transportation improvements near 500 Turk Street, for the period starting on the execution date of the Standard Agreements through June 30, 2039; and authorizing MOHCD to accept and expend a grant of $6,300,000 for transportation, bicycle, and pedestrian improvements, and other transit oriented programming and improvements approved by HCD. The resolution was adopted with a unanimous vote.

Resolution 200092, sponsored by the Mayor and Supervisor Mandelman, retroactively authorizes the Department of Public Health to accept and expend a grant in the amount of $134,610 from the United States Department of Health and Human Services National Institutes of Health through the Magee-Womens Research Institute and Foundation for participation in a program, entitled “Leadership and Operations Center (LOC): Microbicide Trials Network,” for the period of December 1, 2019, through November 30, 2020. The resolution was adopted with a unanimous vote.

Resolution 200093, sponsored by the Mayor and Supervisor Haney, retroactively authorizes the Department of Public Health to accept and expend a grant in the amount of $700,000 from the California Department of Public Health for participation in a program, entitled “Overdose Prevention Program in Single Room Occupancy Hotel (SRO),” for the period of February 1, 2020, through January 30, 2022. The resolution was adopted with a unanimous vote.

Resolution 200096, sponsored by Supervisor Safai, retroactively authorizes the Office of the District Attorney to accept and expend a grant in the amount of $201,447 from the California Department of Insurance for the Automobile Insurance Fraud Program for the grant period of July 1, 2019, through June 30, 2020. The resolution was adopted with a unanimous vote.

Resolution 200097, sponsored by Supervisor Safai, retroactively authorizes the Office of the District Attorney to accept and expend a grant in the amount of $850,327 from the California Department of Insurance for the Workers’ Compensation Insurance Fraud Program for the grant period of July 1, 2019, through June 30, 2020. The resolution was adopted with a unanimous vote.

Ordinance 191074, sponsored by Supervisor Mar and co-sponsored by Supervisors Fewer, Safai, Haney and Peskin, amends the Administrative Code to require the Police Department to regularly report certain crime victim data pertaining to victims of Hate Crimes and other specified crimes (Assault, Aggravated Assault, Child and Elder Abuse, Sexual Assault, First and Second Degree Burglary, Theft, Motor Vehicle Theft, Robbery, Battery, Vandalism, Domestic Violence, Manslaughter, and Murder). The ordinance passed on first reading with a unanimous vote.

Ordinance 191184, sponsored by Supervisor Stefani and co-sponsored by Supervisors Yee, Mandelman and Walton, amends the Police Code to require the Police Department to obtain Gun Violence Restraining Orders in certain circumstances. The ordinance passed on first reading with a unanimous vote.

Resolution 191308 determines that the issuance of a Type-57 special on-sale general beer, wine, and distilled spirits liquor license to MG-SC, LLC, doing business as Shack15, located at One Ferry Building, Suite 201 (District 3), will serve the public convenience or necessity of the City and County of San Francisco and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. The resolution was adopted with a unanimous vote.

Ordinance 191279, sponsored by the Mayor and co-sponsored by Supervisors Mandelman, Ronen and Mar, amends the Administrative Code to designate the City and County of San Francisco (“City”) as a hybrid entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); to require the City Administrator to prepare a report identifying those City departments, and/or divisions thereof, that would qualify as covered entities or business associates under HIPAA, for approval by resolution of the Board of Supervisors; and to require the City Administrator to develop, maintain, and administer a citywide HIPAA compliance policy. The ordinance passed on first reading with a unanimous vote.

Motion 200136 appoints Devin Jones, Darcy Brown and Daniel Kling, terms ending April 10, 2021, to the Graffiti Advisory Board. Supervisor Ronen, seconded by Supervisor Peskin, moved to amend the Motion to waive the residency requirement for Devin Jones, seat 12. The amendment carried unanimously, and the Motion passed as amended with unanimous support.

The Board suspended Rule 5.36 to grant privilege of the floor. Certificates of Honor were presented to: Ken Rich (Office of Economic and Workforce Development) for his retirement, Ewa Bauer-Furbush (Golden Gate Bridge Chief Engineer) for her work on the suicide barrier, Sue Horst (San Francisco Senior Center) for her service to the senior population, Brenda Barros (Department of Public Health) for her 40 years of public service, Reverend Amos Brown (Third Baptist Church) for his commitment to social justice, the Saint John Coltrane Church for its 50 years of service, and Ian Brown (Municipal Transportation Agency) for his commitment to pedestrian and cyclist safety.

President Yee opened the public hearing on the findings and recommendations regarding police staffing citywide. He stated that the matter would be continued to a later date. No one wished to speak regarding the continuance. Supervisor Yee, seconded by Supervisor Fewer, moved to continue the hearing to the Board of Supervisors meeting of March 17, 2020. The motion carried unanimously.

The Board was to hear an appeal of a Community Plan Evaluation regarding a project at 2300 Harrison Street. However, Clerk Calvillo informed the Board that the Planning Department rescinded its determination that the project was exempt from a Community Plan Evaluation on February 18, 2020, making the appeal no longer valid. No one wished to speak about the rescission and tabling of the matters. Supervisor Ronen, seconded by Supervisor Safai, moved that the hearing be tabled. The motion carried unanimously.

Motion 200055 for affirming the Community Plan Evaluation was tabled unanimously upon a motion by Supervisor Ronen and seconded by Supervisor Safai.

Motion 200056 for conditionally reversing the Community Plan Evaluation was tabled unanimously upon a motion by Supervisor Ronen and seconded by Supervisor Safai.

Motion 200057 for the preparation of findings to reverse the Community Plan Evaluation was tabled unanimously upon a motion by Supervisor Ronen and seconded by Supervisor Safai.

Resolution 200117 declares the intention to establish the City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services) and a future annexation area; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on April 7, 2020, at 3:00 p.m. The resolution was adopted with a unanimous vote.

Resolution 200118 declares the intention to incur bonded indebtedness and other debt in an aggregate principal amount not to exceed $3,700,000,000 for the City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services); ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on April 7, 2020, at 3:00 p.m. The resolution was adopted with a unanimous vote.

Resolution 200145 authorizes the Department of Public Health to award a one-time, limited-term grant to Edgewood Center for Children and Families (Edgewood) for the purpose of maintaining the fiscal solvency of Edgewood, in an amount not to exceed $350,000 for a period not to exceed 90 days. The resolution was adopted with a unanimous vote.

Members of the public shared concerns regarding homelessness, religious and political issues, lack of services and responsiveness, the Municipal Transportation Agency (MTA) and the plight of taxi medallion holders, neighborhood organizations, bus lines and transportation needs, and a general need for a housing plan.

Resolution 200148, sponsored by Ronen, Haney, Mar, Fewer, Preston and Mandelman affirms the City and County of San Francisco’s commitment to monitor 2020 Census data collection efforts for breaches of confidentiality and to defend the privacy of 2020 Census respondents against the possibility of such breaches. Supervisor Mandelman requested to be added as a co-sponsor. Adopted.

Motion 200150, sponsored by Fewer, directs the Clerk of the Board of Supervisors to schedule a Committee of the Whole hearing on March 24, 2020, at 3:00 p.m., for the Members of the Board of Supervisors to hold a public hearing to consider the specific findings and recommendations from the Controller’s Office regarding the cannabis industry in San Francisco. Approved.

Motion 200151, sponsored by Yee, directs the Clerk of the Board of Supervisors to schedule a Committee of the Whole hearing on April 7, 2020, at 3:00 p.m., for the Members of the Board of Supervisors to receive educational training on their legal obligations under Federal securities laws with respect to any Official Statement approvals. Approved.

Motion 200159, sponsored by Peskin, amends Motion No. M18-058 to withdraw the request for the Budget and Legislative Analyst to conduct a performance audit in FY2018-2019 of the trends in Muni ridership and revenues, including reasons for declines in ridership and revenues compared to prior fiscal years, and the effectiveness of the Municipal Transportation Agency’s policies in managing traffic congestion and the impact of traffic congestion on Muni. Supervisor Peskin, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried.

Resolution 200164 approves Amendment No. 1 to the agreement between Richmond Area Multi-Services, Inc. and the Department of Public Health for behavioral health services for adults, older adults, and Transitional Age Youth, to increase the agreement amount by $13,885,229 for an amount not to exceed $23,880,457; and to extend the term by three years, for a total agreement term of July 1, 2018, through June 30, 2023.

Resolution 200165 approves Amendment No. 1 to the agreement between Richmond Area Multi-Services, Inc. and the Department of Public Health for behavioral health services for children, adolescents, and their families, to increase the agreement amount by $16,390,571 for an amount not to exceed $26,069,776; and to extend the term by three years, for a total agreement term of July 1, 2018, through June 30, 2023.

Resolution 200166 authorizes the General Manager of the Public Utilities Commission to execute an Agreement with GEI Consultants, Inc. for planning, design, and possibly engineering support with an agreement amount not to exceed $11,000,000 with a term not to exceed 11 years, for the anticipated period of April 2020 through April 2031.