Imperium

Angela Calvillo, Clerk of the Board, informed the Board of Supervisors about the Department of Public Health's (DPH) Health Officer's "Declaration of Local Health Emergency" on March 6, 2020, regarding the COVID-19 disease. She also noted the Citywide Health Order issued by DPH on March 7, 2020, which included recommendations to slow the spread of the virus and protect vulnerable populations. She added that during the call for General Public Comment, guidance would be provided on how the Department of the Board of Supervisors is modifying its procedures to enable more public access and participation remotely.

Dr. Tomas Aragon, Director of Health (Department of Public Health), was granted privilege of the floor and reported on the "Declaration of Local Health Emergency" regarding the COVID-19 disease and the need for the Board to approve a Motion to concur in the Declaration on today’s Imperative Agenda. He also answered questions raised throughout the discussions.

President Yee asked the Board if there were any corrections to the February 4, 2020, Board Meeting Minutes. No corrections were requested. Supervisor Peskin, seconded by Supervisor Ronen, moved to approve the February 4, 2020, Board Meeting Minutes, as presented. The motion carried by an 11-0 vote.

Mayor London N. Breed addressed the Board of Supervisors regarding the actions being taken, services being put in place, and resources being made available in response to the health emergency regarding the COVID-19 disease, including the health concerns, economic impact, prioritization of budget funds, effects on travel and tourism, and public transportation usage decline. Mayor Breed further informed the Board of additional public corruption being identified at the Department of Building Inspection and that the Director of the Department of Building Inspection has been put on administrative leave. Mayor Breed then discussed the above referenced topics submitted by the District 5 and 6 Supervisors.

Supervisor Preston requested to withdraw his original topic for discussion, “Corruption.” Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Preston, seconded by Supervisor Peskin, moved to ask questions related to a new topic “City’s response to the Coronavirus.” The motion carried. Preston questioned Mayor Breed on committing to work with his office to request the governor to waive any state laws during this state of emergency that would otherwise get in the way of San Francisco adopting these eviction protections. Mayor Breed indicated that pursuant to the emergency declarations in place, legislative approvals may not be necessary for certain actions to address the situation and that assistance has been requested from the State of California.

Supervisor Haney requested to withdraw his original topic for discussion, “Transportation Infrastructure.” Supervisor Haney, seconded by Supervisor Preston, moved to ask questions related to a new topic “City’s response to the Coronavirus.” The motion carried. Supervisor Haney asked Mayor Breed how can the City work together to move urgently and immediately to address lost wages and lost revenues of businesses and individuals, particularly in the sectors that have been hardest hit? Mayor Breed indicated they are looking into extending employment benefits, delaying tax payments, and various other financial benefits such as low-interest loans.

The Board approved an ordinance authorizing the settlement of a lawsuit filed on behalf of the City and County of San Francisco and five other counties against Families First, Inc. (aka EMQ Families First, Inc. and Uplift Family Services) for $189,884.63. The lawsuit was filed on July 22, 2014, in Alameda County Superior Court, Case No. RG14733912. The lawsuit involves allegations by two former employees of Families First’s Davis residential facility that Families First failed to provide adequate Day Treatment Intensive mental health services, failed to utilize qualified personnel, and falsely certified that it was complying with Medi-Cal regulations when it billed San Francisco and the other counties for them.

The Board approved an ordinance authorizing the settlement of the lawsuit filed by San Francisco SRO Hotel Coalition, Hotel Des Arts, LLC, and Brent Haas against the City and County of San Francisco for $300,000. The lawsuit was filed on May 8, 2017, in San Francisco Superior Court, Case No. CPF-17-515656. The settlement resolves a claim for attorney’s fees and costs following Petitioners’ challenge to Ordinance No. 38-17 on the grounds, in part, that San Francisco’s approval of Ordinance No. 38-17 violated the California Environmental Quality Act, and Ordinance No. 38-17 violated petitioners’ constitutional rights.

The Board approved an ordinance authorizing the settlement of the lawsuit filed by Jennie Feldman against the City and County of San Francisco for $150,000. The lawsuit was filed on July 3, 2019, in San Francisco Superior Court, Case No. CGC-19-577368. The lawsuit involves alleged personal injury from a falling tree branch.

The Board approved an ordinance authorizing the settlement of the lawsuit filed by Virginia Ernster against the City and County of San Francisco for $70,000. The lawsuit was filed on May 21, 2019, in San Francisco Superior Court, Case No. CGC-19-576126. The lawsuit involves an alleged personal injury from a vehicle collision.

The Board approved an ordinance authorizing the settlement of the lawsuit filed by Jamie Sanchez and Yovanna Sanchez against the City and County of San Francisco for $27,500. The lawsuit was filed on May 21, 2019, in San Francisco Superior Court, Case No. CGC-19-576118. The lawsuit involves a vehicle collision.

The Board approved an ordinance authorizing the settlement of the lawsuit filed by Vera Cort, Trustee of Cort Survivor Trust, against the City and County of San Francisco for $200,000. The lawsuit was filed on March 7, 2019, in San Francisco Superior Court, Case No. CPF-19-516582. The lawsuit involves petitioner’s challenge to the City’s cancellation of her construction permits after petitioner demolished property in violation of the issued permits.

The Board approved an ordinance authorizing the settlement of the lawsuit filed by Garry Peace against the City and County of San Francisco for $43,500. The lawsuit was filed on November 8, 2017, in San Francisco Superior Court, Case No. CGC-17-562373. The lawsuit involves an alleged personal injury while walking on a City sidewalk.

The Board approved an ordinance appropriating not to exceed $255,000,000 from the issuance of one or more series of Refunding General Obligation Bonds and placing such amount on Controller's reserve subject to the closing of one or more refunding transactions for FY2019-2020.

The Board approved an ordinance amending the Planning Code to allow, in required setbacks, yards, and usable open space, all projections of an architectural nature if they meet the specified requirements and to allow bay windows that do not meet the specified requirements to apply for a Zoning Administrator waiver; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302.

The Board approved a resolution authorizing and approving the acceptance of certain real property assets from the Office of Community Investment and Infrastructure to the City and County of San Francisco; placing parcels under the Mayor’s Office of Housing and Community Development (Block No. 5423A, Lot 009; and Block No. 3731, Lot Nos. 240 and 241); placing property commonly known as the Adam Rogers Park Addition under the jurisdiction of the Recreation and Park Department; 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. An amendment was made to strike all references to ‘parcels under the jurisdiction of Public Works,’ and making other clarifying and conforming changes.

The Board approved an ordinance ordering the vacation of the sidewalk portion of streets on the south side of Mission Street at the intersection of Mission and Fremont Streets and on the east side of Fremont Street at the same intersection to allow a structural upgrade of the 301 Mission Street high-rise building known as Millennium Tower, subject to certain conditions; rededicating the area subject to the street vacation to public use for street and right-of-way purposes after the City’s issuance of an easement for the abovementioned structural upgrade; adopting environmental findings under the California Environmental Quality Act; adopting findings that the vacation and rededication of the street area are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing actions in furtherance of this Ordinance.

The Board approved a resolution approving Modification No. 1 to Airport Contract No. 50085, Curbside Management Services, with FSP PPM Management, LLC, to increase the contract amount by $10,428,565 for a new not to exceed amount of $29,950,859; and to exercise the one one-year option to extend the term from July 1, 2020, through June 30, 2021, pursuant to Charter, Section 9.118(b).

The Board retroactively authorized the General Manager of the Public Utilities Commission to execute the first amendment to Agreement No. CS-344 Power Scheduling Coordination and Related Support Services, with APX, Inc. to amend the not to exceed amount from $105,000,000 to $107,900,000 and authorizing the General Manager of the Public Utilities Commission to execute a second amendment providing a two-year extension to the contract term, for a total term of seven years, from June 16, 2015, through June 15, 2022, and increasing the not to exceed amount by $42,000,000 for a total not to exceed amount of $149,900,000 pursuant to Charter, Section 9.118.

The Board approved a Motion to direct and authorize the Clerk of the Board to initiate a procurement process with pre-qualified vendors for Special Investigation services, with regard to potential corruption within the local government of the City and County of San Francisco. Supervisor Peskin requested to be added as a co-sponsor.

The Board passed on first reading an ordinance amending the Health Code to require the Medical Examiner to report information to the Mayor, Board of Supervisors, and Director of Health once every four months regarding deaths arising from drug overdoses.

The Board passed on first reading an ordinance amending the Administrative Code to delegate authority from the Board of Supervisors to the Controller, under California Government Code, Section 25259.5, to grant applications for discharge from accountability filed by the Tax Collector for the collection of any delinquent taxes on unsecured property.

The Board approved a Motion amending the Board of Supervisors Rules of Order to set forth the process for administration of oaths to individuals testifying before the Board pursuant to a subpoena, and to authorize the Government Audit and Oversight Committee to administer oaths and issue subpoenas duces tecum. An amendment of the whole was motioned and carried, striking text relating to the Committee Clerk and the Clerk administering an oath to a Department Head when that Department Head is testifying pursuant to a subpoena duces tecum.

The Board approved a Motion reappointing Juliet Rothman and Margaret Graf, terms ending March 31, 2022, to the Commission on the Aging Advisory Council.

The Board approved a Motion appointing Susan Ryan, term ending February 1, 2022, to the Park, Recreation and Open Space Advisory Committee.

The Board approved a Motion appointing Marta Lindsey, term ending March 31, 2022, to the Pedestrian Safety Advisory Committee.

The Board continued the hearing of persons interested in or objecting to the certification of Conditional Use Authorization pursuant to Planning Code, Sections 121 and 303, for a proposed project at 95 Nordhoff Street, Assessor’s Parcel Block No. 6763, Lot No. 001, identified in Planning Case No. 2018-015554CUA, issued by the Planning Commission by Motion No. 20602, dated December 12, 2019, for the subdivision of an existing lot currently containing a single-family dwelling unit into four new lots, two of which will be substandard lots, within the RH-1 (Residential-House, One Family) Zoning District and the 40-X Height and Bulk District, to the Board of Supervisors meeting of March 24, 2020. Supervisor Mandelman provided brief remarks on the status of this project and appeal, indicating he would be making a motion to continue these matters to a later date.

The Board continued the Motion approving the decision of the Planning Commission by its Motion No. 20602, approving a Conditional Use Authorization, identified as Planning Case No. 2018-015554CUA, for a proposed project located at 95 Nordhoff Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, to the Board of Supervisors meeting of March 24, 2020.

The Board continued the Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20602, approving a Conditional Use Authorization, identified as Planning Case No. 2018-015554CUA, for a proposed project at 95 Nordhoff Street, subject to the adoption of written findings by the Board in support of this determination, to the Board of Supervisors meeting of March 24, 2020.

The Board continued the Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2018-015554CUA, for a proposed project at 95 Nordhoff Street, to the Board of Supervisors meeting of March 24, 2020.

The Board approved a resolution affirming the City’s continued good faith efforts to acquire the PG&E assets necessary to provide clean, green, and affordable electric power delivery and service in San Francisco, contingent on key conditions and priorities.

Angela Calvillo, Clerk of the Board, provided important information to the Board and members of the public that the Declaration of Local Health Emergency Regarding Novel Coronavirus Disease 2019 (COVID-19) issued by Dr. Tomas Aragon on March 6, 2020, and the Citywide health order issued by the Department of Public Health on March 7, 2020, by Order of the Health Officer (No. C19-02), issued aggressive recommendations and the official cancellation of all non-essential City meetings and events through March 20, 2020 in order to slow down or reduce the spread of the COVID-19 virus. The Board heard public comment from various individuals, including Francisco Da Costa and Walter Paulson who expressed concerns regarding the local emergency declaration and the COVID-19 disease. Linda Chapman shared concerns regarding public corruption and housing. Several speakers voiced support for the Resolution urging a full pardon for Sakhone Lasaphangthong and Somdeng Thongsy (File No. 200247). Reuben Almater expressed concerns regarding the elderly and homeless. Kelly Walsh, Brenda Markman, Alida Fisher, Judy Roberts shared concerns regarding the COVID-19 disease’s impact on schools and childcare and requested ERAF funding. Several members of the public shared other thoughts and concerns.

The Board adopted a Resolution urging the Honorable Gavin Newsom, Governor of California, to grant Sakhone Lasaphangthong and Somdeng “Danny” Thongsy a full pardon to allow them to remain in the United States.

The Board approved Final Map 9574, a six residential unit condominium project, located at 7-11 Germania Street and 73-77 Webster Street, being a subdivision of Assessor’s Parcel Block No. 0868, Lot No. 003; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1.

The Board approved Final Map 10062, a 16 residential unit condominium project, located at 540 De Haro Street, being a subdivision of Assessor’s Parcel Block No. 4008, Lot No. 002; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1.

The Board approved Final Map 8573, Block 48 of Hunters Point Shipyard Phase 1, being a merger and 17 lot resubdivision of existing Final Map No. 5255, Lot Nos. 1 through 89 and 93 through 127, Assessor’s Parcel Block No. 4591D, Lot Nos. 1 through 7, 9 through 48, 50 through 55, 57 through 62, 64 through 93, and 97 through 131, resulting in 17 lots intended for residential use, including a 404-unit residential condominium, subject to specified conditions; approving an amendment to a Public Improvement Agreement related to Final Map 8573; and acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1.

The Board approved a Motion ratifying the March 6, 2020, City and County of San Francisco Health Officer’s Declaration of Local Health Emergency, regarding Novel Coronavirus Disease 2019 (COVID-19).

The Board received a resolution approving a second modification of the grant between the City and County of San Francisco and Low Income Investment Fund for the provision of child care facilities & technical assistance to support the City’s implementation of the San Francisco Citywide Plan For Early Care and Education, to extend the term up to two years for a total term of July 1, 2017, to June 30, 2022, and to increase the grant amount by $37,205,496 resulting in a revised total grant amount of $66,303,295 to commence following Board approval. The resolution was received from the Human Services Agency and assigned to the Budget and Finance Committee.