The San Francisco Board of Supervisors met on March 2, 2021, addressing a range of issues including COVID-19 relief, housing, and budgetary matters. Key actions included extending tenant protections, allocating funds for accessory dwelling unit permit services, ensuring shelter-in-place hotel rooms for the homeless remain available, and initiating steps toward the building of more affordable housing. The board also reviewed and approved settlements in several lawsuits and grievances, and discussed legislation concerning the city's budget and the impacts of COVID-19 on various city services and programs. The meeting included public comment on a variety of issues, including access to city services and support for specific communities.
Consent Agenda
The board approved waiving business registration and certain license fees for eligible businesses affected by COVID-19 restrictions.
Supervisor Stefani sponsored an ordinance, also supported by several other supervisors, to waive business registration fees for the fiscal year commencing July 1, 2020, and certain license fees originally due on March 31, 2020. This waiver applies to businesses with $25,000,000 or less in San Francisco gross receipts that received more than 50% of their income from activities restricted due to COVID-19 health orders between March 17, 2020, and March 1, 2021. The board approved the measure, which also includes refunding any waived amounts already paid to the City.
Consent Agenda
The board approved a settlement for a lawsuit filed by Benito Taylor for $85,000 due to a trip and fall incident.
The board approved an ordinance authorizing the settlement of a lawsuit filed by Benito Taylor against the City and County of San Francisco for $85,000. The lawsuit, filed in San Francisco Superior Court on October 18, 2018, case number CGC-18-570702, alleges personal injury sustained when the plaintiff tripped and fell over an uncovered utility box on the sidewalk.
Consent Agenda
The board approved a settlement for a lawsuit filed by Gayle L. Brownlee for $65,000 related to an employment dispute.
The board approved an ordinance authorizing the settlement of a lawsuit filed by Gayle L. Brownlee against the City and County of San Francisco for $65,000. The lawsuit, filed on October 11, 2019, in United States District Court, Case No. 4:19-cv-06554-YGR, involves an employment dispute with Kris Mohler, et al.
Consent Agenda
The board approved a $2.5 million settlement in the lawsuit filed by Maurice Caldwell, alleging fabrication of evidence and wrongful conviction.
The board approved an ordinance authorizing the entry of Judgment, pursuant to Federal Rule of Civil Procedure 68, in favor of Plaintiff Maurice Caldwell, and against the City and County of San Francisco, in the amount of $2,500,000 in settlement of the lawsuit filed on April 16, 2012, in United States District Court, Case No. 12-cv-1892 DMR, entitled Maurice Caldwell v. City and County of San Francisco, et al; the lawsuit alleges fabrication of evidence and wrongful conviction. (City Attorney)
Consent Agenda
The board adopted a resolution approving a $54,167.32 settlement of a grievance filed by Service Employees International Union, Local 1021, regarding an employment dispute.
The board adopted a resolution approving the settlement of a grievance by Service Employees International Union, Local 1021, against the City and County of San Francisco for $54,167.32. The grievance, filed on June 27, 2019, involves an employment dispute under the Memorandum of Understanding.
Consent Agenda
The board approved extending temporary tenant protections through June 30, 2021, limiting residential evictions unless due to non-payment of rent, violence, or health and safety issues.
Supervisor Preston sponsored an ordinance, supported by several other supervisors, amending the Administrative Code to limit residential evictions through June 30, 2021, unless the eviction is based on the non-payment of rent or is necessary due to violence-related issues or health and safety issues. The board passed the measure.
Consent Agenda
The board approved establishing the Students and Families RISE Working Group to advise on enrichment and retention services for youth and families affected by COVID-19 school closures.
Supervisor Ronen sponsored an ordinance, supported by several other supervisors, amending the Administrative Code to establish the Students and Families RISE (Recovery with Inclusive and Successful Enrichment) Working Group. This group will advise the Board of Supervisors, the Mayor, and the San Francisco Unified School District regarding the development, adoption, and implementation of a plan to coordinate enrichment and retention services provided by City departments, the School District, and community partners to youth and families adversely affected by COVID-19 school closures and distance learning programs. The board passed the measure.
Consent Agenda
The board approved settling unlitigated claims filed by A2Z Development USA, Inc. against the City and County of San Francisco for $240,000 after Supervisor Peskin recused himself.
The board approved a resolution approving the settlement of the unlitigated claims filed by A2Z Development USA, Inc. against the City and County of San Francisco for $240,000. The claims, filed on February 14, 2020, involve a refund of payroll expense and gross receipts taxes. Supervisor Peskin was excused from voting due to a potential conflict of interest.
Unfinished Business
The board approved amendments to the Building Code regarding accessory dwelling units and approved allocating $165,000 for permit services after Supervisor Safai recused himself.
Supervisor Mar sponsored an ordinance to waive specified fees for certain accessory dwelling unit projects through June 30, 2023, and requiring the Department of Building Inspection to annually report on such waivers. It also affirmed the Planning Department’s determination under the California Environmental Quality Act. The ordinance was amended to add a requirement for the Department of Building Inspection to report on whether ADUs received code requirement waivers and are subject to the San Francisco Residential Rent Stabilization and Arbitration Ordinance. Supervisor Safai was excused from voting due to a possible conflict of interest. The board then approved an ordinance appropriating $165,000 from the General Reserve in the Department of Building Inspection to provide Accessory Dwelling Unit permit services in Fiscal Year (FY) 2020-2021.
New Business
The board approved authorizing the Public Utilities Commission to join a Joint Powers Authority for CleanPowerSF to jointly purchase electricity and related services.
The board approved an ordinance authorizing the Public Utilities Commission to become a member of a Joint Powers Authority consisting of Community Choice Aggregators for the purpose of joint purchases of electricity and related products and services. The ordinance also authorizes deviations from certain otherwise applicable contract requirements in the Administrative Code and the Environment Code for purchases that do not otherwise require Board approval. (Public Utilities Commission)
New Business
The board passed an emergency ordinance ensuring shelter-in-place hotel rooms remain available for homeless individuals until they secure stable housing, requiring 2,200 rooms to be available and filled.
Supervisor Haney sponsored an emergency ordinance, with several co-sponsors, to prohibit the City from requiring people experiencing homelessness currently sheltered in approximately 2,000 Shelter-in-Place (“SIP”) Hotel rooms to move from those rooms until those individuals obtain a stable housing placement. The ordinance also requires the City to make a total of 2,200 Shelter-in-Place (“SIP”) Hotel rooms available, and to fill those rooms, as they are vacated, for people experiencing homelessness. It also requires the Department of Homelessness and Supportive Housing to prepare publicly available reports on the progress of placements from SIP Hotels into stable housing. Supervisor Safai requested to be added as a co-sponsor.
New Business
The board approved the transfer of a portion of the Former Wool Ranch in Alameda County to the East Bay Regional Park District for $500,000.
The board approved a resolution authorizing the Director of Property to execute a Quitclaim Deed and the San Francisco Public Utilities Commission (SFPUC) General Manager to execute an Agreement for Sale of Real Estate for the conveyance of real property by the City and County of San Francisco to the East Bay Regional Park District, commonly known as a portion of the Former Wool Ranch, Assessor’s Parcel Block No. 096-0090-005-11 (20 acres) for $500,000.
New Business
The board approved the issuance of up to an additional $100,000,000 in San Francisco International Airport Subordinate Commercial Paper Notes for airport-related purposes.
The board approved a resolution approving the issuance and re-issuance from time to time of up to an additional $100,000,000 aggregate principal amount of San Francisco International Airport Subordinate Commercial Paper Notes for any lawful Airport purpose; and ratifying and confirming certain related Resolutions of the Board and the Airport Commission, as defined herein.
New Business
The board continued a resolution regarding a real property lease amendment for a Department of Public Health treatment facility at 1421 Broderick Street to the March 9, 2021 meeting.
The board moved to continue the review of the resolution regarding a real property lease amendment involving the Department of Public Health and Sum M. Seto Properties, LLC, and Jenny P. Seto Properties, LLC, for its 33-bed, licensed treatment facility located at 1421 Broderick Street. The proposed amendment included a base rent of $372,510 per year with annual rent increases of 3%, and an extension of the Lease expiring on January 31, 2021, through January 31, 2024. The resolution was continued to the Board of Supervisors meeting of March 9, 2021.
New Business
The board approved the exchange of city-owned real property at 240 Van Ness Avenue for property at 234 Van Ness Avenue to facilitate the building of affordable housing.
The board approved a resolution authorizing the Director of Property to convey a portion of City-owned real property, located at 240 Van Ness Avenue, in exchange for the real property located at 234 Van Ness Avenue with 234 Van Ness, LLC. This exchange is preceded by reconfiguring the properties to deliver a single developable parcel to the City for the purposes of building affordable housing. The board found the conveyance and exchange to be consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1.
New Business
The board approved accepting and expending up to $322,157 under the California Department of Housing and Community Development No Place Like Home Program for housing for individuals with serious mental illness.
The board approved a resolution authorizing the Mayor’s Office of Housing and Community Development to participate in the third round Notice of Funding Availability and accept and expend the county competitive allocation award for an amount up to $322,157 under the California Department of Housing and Community Development No Place Like Home Program, which provides funding for counties to develop multifamily housing specifically for persons with serious mental illness who are homeless, chronically homeless, or at-risk of chronic homelessness.
New Business
The board approved the acquisition of real property at 921 Howard Street for $13,765,670 and a loan agreement not to exceed $39,148,960 to construct 100% affordable housing.
The board approved a resolution approving and authorizing the Director of Property, on behalf of the San Francisco Mayor’s Office of Housing and Community Development (“MOHCD”), to acquire real property located at 921 Howard Street (“Property”) from 5th and Howard Associates, L.P. (“Developer”) for $13,765,670. The property will be used for constructing affordable housing for San Franciscans. The resolution also approves and authorizes a Loan Agreement in an amount not to exceed $39,148,960 to finance the construction of a 100% affordable, 203-unit multifamily rental housing development.
New Business
The board approved an amended motion establishing the budget process and goals for the Board of Supervisors' Budget and Appropriations Committee for Fiscal Years 2021-2022 and 2022-2023, including specific focus on early care, education, and financial empowerment.
The board approved an amended motion establishing goals for the Board of Supervisors' Budget and Appropriations Committee, and the process to guide the Board's deliberations on the City budget, for Fiscal Years (FYs) 2021-2022 and 2022-2023. The motion was amended to include “early care and education” and “financial empowerment” as focus areas and to change ‘hold’ to ‘join’ in the description of how various committees should work together.
New Business
The board approved amendments to the Administrative Code to protect occupants of residential hotels during the COVID-19 pandemic, including solitary hotel rooms for residents meeting quarantine criteria and public notification of positive cases after co-sponsor requests from multiple supervisors.
Supervisor Peskin sponsored an ordinance amending the Administrative Code to establish protections for occupants of residential hotels (“SRO Residents”) during the COVID-19 pandemic. This includes making it City policy to place in solitary hotel rooms SRO residents who meet the criteria for isolation or quarantine established by the County Health Officer, and requiring the Department of Public Health to post a notice in the common area and notify the operator of a residential hotel when an SRO Resident has tested positive for COVID-19. The ordinance also establishes a telephone hotline for SRO Residents and provides daily aggregate data concerning the incidence of COVID-19 among SRO Residents. The ordinance was amended, with co-sponsor requests from several supervisors, to strike language requiring notification that a COVID-19 case has been identified in the building and to clarify language about epidemiological links and households.
New Business
The board adopted a resolution urging the city to revise shelter-in-place hotel standard agreements to include purchase or long-term lease options after co-sponsorship requests from multiple supervisors.
Supervisor Safai sponsored a resolution urging the Department of Homelessness and Supportive Housing to work with various city departments to identify possible hotels to purchase, including the current 25 leased Shelter-in-Place Hotels, and to consider if these hotels can be permanently acquired through federal, state and local funds and/or offer a long-term lease option that shall not be less than ten years. Several supervisors requested to be added as co-sponsors.
New Business
The board approved a settlement of the City's claims against Pacific Gas & Electric Company for environmental pollution at the Marina East Harbor after Supervisor Stefani recused herself.
The board approved a resolution approving the settlement of the City’s claims against Pacific Gas & Electric Company (“PG&E”) concerning environmental pollution at the Marina East Harbor. As part of the agreement, the City will dismiss claims against PG&E pursuant to a cost-sharing agreement whereby PG&E and City will cooperate on the environmental cleanup and reconstruction of the Marina Yacht Harbor; PG&E will pay up to $190 million toward the cleanup and reconstruction, with the Recreation and Park Department to repay PG&E up to $29.4 million over 30 years solely out of Marina revenues. Supervisor Stefani recused herself from voting due to a possible conflict of interest.
New Business
The board approved the mayoral appointment of Efrem Bycer to the Successor Agency Commission.
The board approved the Mayor’s nomination for appointment of Efrem Bycer to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), term expiring November 3, 2022.
New Business
The board approved the appointments of Erin Bank and Rafael Bortnick to the Park, Recreation and Open Space Advisory Committee.
The board approved motions appointing Erin Bank and Rafael Bortnick, terms ending February 1, 2023, to the Park, Recreation and Open Space Advisory Committee.
New Business
The board approved the appointment of Jerry Yang to the Child Care Planning and Advisory Council.
The board approved a motion appointing Jerry Yang (residency requirement waived), term ending March 19, 2024, to the Child Care Planning and Advisory Council.
Hearing
The board heard and filed the appeal of a tentative map disapproval for a condominium conversion at 424-434 Francisco Street.
The board held a hearing regarding an appeal of a tentative map disapproval for a six-unit condominium conversion at 424, 426, 428, 430, 432, and 434 Francisco Street. Scott Emblidge, Adam Smith, and Sherlyn Chew (Appellants) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. James Ryan (Public Works) and Aaron Starr (Planning Department) provided an overview of the decision of Public Works and responded to questions raised throughout the discussion. Mitchell Omerberg, Theresa Flandrich, and Lorraine Petty (Opposition) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of Public Works. Following testimonies from parties involved, the board closed the public hearing.
Remarks
The board conditionally disapproved the tentative map for a condominium conversion at 424-434 Francisco Street, subject to adopting written findings.
The board conditionally disapproved the tentative map for a six-unit condominium conversion at 424, 426, 428, 430, 432, and 434 Francisco Street, subject to the Board of Supervisors’ adoption of written findings in support of the disapproval, and directing the Clerk of the Board of Supervisors to prepare findings relating to the Board of Supervisors’ decision to disapprove the Tentative Map. Supervisors Preston recused themselves from voting.
Remarks
The board tabled motions conditionally disapproving Public Works decision and directing the Clerk of the Board to prepare findings for approving the tentative map at 424-434 Francisco Street.
The board tabled motions to conditionally disapprove the decision of Public Works and approving the Tentative Map for a six unit condominium conversion at 424, 426, 428, 430, 432, and 434 Francisco Street, and directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to approve the Tentative Map. Supervisors Preston recused themselves from voting.
Committee of the Whole
The board continued the hearing regarding the variation decision for 542-550 Howard Street to March 16, 2021.
The board, sitting as a Committee of the Whole, continued the hearing concerning the provisions of a variation decision by the Commission on Community Investment and Infrastructure modifying the on-site affordable housing requirement for 542-550 Howard Street (Transbay Parcel F) to the Board of Supervisors meeting of March 16, 2021.
Committee Reports
The board reenacted an emergency ordinance temporarily prohibiting construction projects that require suspension of water or utility service to residential tenants without alternative sources of water and power.
The board reenacted an emergency ordinance (Ordinance No. 027-21) temporarily prohibiting construction projects in buildings with any residential rental units that require the suspension of water or utility service to residential tenants without providing alternative sources of water or utility service without providing alternative sources of water and power, or reaching agreement with tenants, due to the COVID-19 pandemic. Supervisors Chan and Mandelman requested to be added as co-sponsors.
Committee Reports
The board approved the mayoral reappointments of Chris Foley and Diane Matsuda, and the appointment of Ruchira Nageswaran to the Historic Preservation Commission.
The board approved the mayoral reappointments of Chris Foley and Diane Matsuda, and the appointment of Ruchira Nageswaran to the Historic Preservation Commission, for four-year terms ending December 31, 2024.
Public Testimony
The board heard public comment on various topics, including ballot measures, Muni services, online services accessibility, and housing needs.
During the public comment period, Linda Chapman expressed concerns regarding ballot measures needed to address inefficiencies within various City departments and services. Gilbert Crisswell advocated for providing free Muni for all during the pandemic. Peter Warfield expressed concerns regarding online sign-up services that aren’t accessible to the disenfranchised and the need to expand services at the Public Library. Cyndia Merrell shared her experiences not being placed in an ADA-compliant unit and the need for assistance to find compliant housing.
Legislation Introduced
The board adopted a resolution supporting California Assembly Bill No. 367, the Menstrual Equity Act of 2021.
The board adopted a resolution supporting California Assembly Bill No. 367 (Garcia), the Menstrual Equity Act of 2021, which would require public schools maintaining any combination of classes from grades 6 to 12 to stock at least 50% of the school’s restrooms with free menstrual products at all times.
Legislation Introduced
The board approved convening a joint closed session with the Public Utilities Commission on March 23, 2021, to discuss existing litigation with Pacific Gas and Electric Company.
The board approved a motion for the Board of Supervisors to convene in a closed session during a joint special meeting with the San Francisco Public Utilities Commission on March 23, 2021, for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation in which the City is a petitioner and Pacific Gas & Electric Company is an adverse party.
Legislation Introduced
The board approved findings reversing the Mitigated Negative Declaration for 2417 Green Street.
The board approved a motion adopting findings to reverse the Final Mitigated Negative Declaration under the California Environmental Quality Act for the proposed project located at 2417 Green Street.
Legislation Introduced
The board adopted a resolution commending Michael P. Kelly for his service to the City and County of San Francisco and declaring March 10, 2021, as Michael P. Kelly Day.
The board adopted a resolution commending Michael P. Kelly for his decades of service to the City and County of San Francisco, wishing him well in his much-deserved retirement, and to declare March 10, 2021, as Michael P. Kelly Day in the City and County of San Francisco.
Legislation Introduced
The board adopted a resolution urging Congress to pass a resolution calling for an immediate ceasefire and respect for human rights in Tigray, Ethiopia.
The board adopted a resolution urging the United States Congress to introduce and pass a Resolution calling for peace and respect for human rights in Tigray; condemning human rights violations and violence against the people of Tigray; urging the Ethiopian government to immediately restore all forms of communication, critical services, and allow unimpeded, sustained, and secured access for humanitarian aid; and urging the United Nations to undertake a full and independent investigation into the atrocities in Tigray and to employ all preventative and diplomatic efforts to protect civilians in the region and address the humanitarian crisis.
Legislation Introduced
The board referred a motion concurring in actions to meet the local emergency related to coronavirus response (Thirty-Fifth Supplement) to the Government Audit and Oversight Committee.
The board voted to refer a motion concurring in actions taken by the Mayor in the Thirty-Fifth Supplement to the Proclamation of Emergency, to the Government Audit and Oversight Committee for further review. This supplement relates to ongoing efforts to meet the local emergency related to the novel coronavirus COVID-19 pandemic, including allowing departments to extend COVID-19-related contracts through a streamlined process, emergency personal service contracts by the Civil Service Commission without union notification, and streamlined contract amendment approvals.
Legislation Introduced
The board approved a resolution honoring Chinese American Women on the occasion of Women’s History Month 2021, and referred a motion regarding Departmental Compliance with the City's Language Access Ordinance to the Government Audit and Oversight Committee, among other actions.
The board took several actions, including referring proposed legislation to committees. Highlights include a resolution honoring Chinese American Women during Women's History Month, and a hearing on Departmental Compliance with the City's Language Access Ordinance.
Legislation Introduced
The board introduced and assigned several new ordinances and resolutions to various committees.
New legislation was introduced, including an ordinance extending the deadline for certain businesses to pay the business registration fee (assigned to the Budget and Finance Committee), an ordinance appropriating funds for a Fentanyl Task Force and overdose prevention (assigned to the Budget and Finance Committee), and an ordinance addressing health care requirements for employers at San Francisco International Airport (assigned to the Rules Committee).