The San Francisco Board of Supervisors meeting on April 6, 2021, covered a wide range of topics including budget allocations for rent relief, social housing, youth learning initiatives, and COVID-19 relief for small businesses. The board also addressed code amendments related to planning, police, and administrative matters. Several resolutions were passed in support of California State Assembly Bills regarding traffic safety, corporate-free elections, and Ellis Act reform. The board also denounced an article denying the history of sexual enslavement by the Japanese Imperial Army during the Pacific War. Public comments were heard on various issues including support for resolutions, concerns about residential living conditions, and traffic safety.
Consent Agenda
Appropriating $220 million from the issuance of refunding general obligation bonds and placing it on the Controller's reserve.
An ordinance was passed to appropriate $220,000,000 from the issuance of one or more series of Refunding General Obligation Bonds and placing these funds on the Controller's reserve for FY2020-2021. The ordinance was recommended by the Budget and Finance Committee and was marked as Ordinance No. 045-21.
Consent Agenda
Allocating $20.1 million in property tax revenue for rent relief and social housing.
An ordinance was passed to appropriate $10,050,000 from property tax revenue to the Mayor’s Office of Housing and Community Development for rent relief under the Rent Resolution and Relief Fund, and another $10,050,000 for the acquisition, creation, and operation of affordable, social housing under the Housing Stability Fund in Fiscal Year (FY) 2020-2021. Supervisors Preston, Mar, Ronen, Walton, Safai, Haney, and Melgar were sponsors of this item. The ordinance was recommended by the Budget and Appropriations Committee and was marked as Ordinance No. 048-21.
Consent Agenda
Extending the deadline to pay the business registration fee and temporarily suspending penalties for late payment of certain fees.
An ordinance was passed that extended the deadline to pay the business registration fee for the fiscal year ending June 30, 2022, to November 1, 2021, for certain businesses that commenced business in the City before January 1, 2021, and had $25,000,000 or less in San Francisco gross receipts in 2020 or that commenced business in the City on or after January 1, 2021. The deadline to pay the business registration fee for the fiscal year ending June 30, 2022, was extended to June 30, 2021, for certain businesses that commenced business in the City on or before January 1, 2021, and had over $25,000,000 in San Francisco gross receipts in 2020. It also temporarily suspended, through November 1, 2021, penalties for late payment of certain weights and measures fees and point of sale station fees billed by the Tax Collector on or after March 17, 2020, and on or before October 1, 2021, and authorized refunding suspended penalties paid to the City. Supervisors Haney and Mandelman requested to be added as co-sponsors. The ordinance was recommended by the Budget and Appropriations Committee and was marked as Ordinance No. 049-21. Sponsors were Mayor, Ronen, Safai, Haney and Mandelman.
Consent Agenda
Authorizing a $30,000 settlement of a lawsuit regarding conditions of confinement at County Jails 4 and 5.
An ordinance was passed authorizing settlement of the lawsuit filed by Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen against the City and County of San Francisco for $30,000. The lawsuit was filed on May 20, 2019, in United States District Court - Northern District of California, Case No. 19-cv-02722, and involved claims that the sleep schedule and frequent sleep disruptions at County Jails 4 and 5 created unconstitutional conditions of confinement for the inmates. Other material terms of the settlement are that the court approve the settlement. The ordinance was passed on the first reading and was recommended by the Government Audit and Oversight Committee.
Consent Agenda
Authorizing a $115,000 settlement of a lawsuit regarding a personal injury on a City walkway.
An ordinance was passed authorizing settlement of the lawsuit filed by Jose Parra against the City and County of San Francisco for $115,000. The lawsuit was filed on January 27, 2020, in San Francisco Superior Court, Case No. CGC-20-582468, and involved alleged personal injury on a City walkway. The ordinance was passed on the first reading and was recommended by the Government Audit and Oversight Committee.
Consent Agenda
Approving a $99,000 settlement of an unlitigated claim for property damage arising from a sewer main pipe overflow.
A resolution was adopted approving the settlement of the unlitigated claim filed by Sharon Eastman against the City and County of San Francisco for $99,000. The claim was filed on June 20, 2018, and involved property damage arising from sewer main pipe overflow as a result of heavy rain. The resolution was recommended by the Government Audit and Oversight Committee and was marked as Resolution No. 140-21.
Consent Agenda
Amending the Planning Code to correct and clarify amendments approved in Ordinance No. 296-18.
An ordinance was passed amending the Planning Code to correct and clarify Administrative and Planning Code amendments approved in Ordinance No. 296-18, which gave effect to the Central South of Market Area (SoMa) Plan, including provisions regarding transfer of development rights, privately owned public open space, renewable electricity, PDR (Production Distribution Repair) floor height, development impact fee deposits and uses, among others; to restore with modifications inadvertently deleted provisions regarding low-income affordable housing in the SALI (Service/Arts/Light Industrial) Zoning District; and to amend open space, height limit, apparent mass reduction, lot coverage, exposure, PDR replacement, and development impact fee waiver and reduction provisions; 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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. The ordinance was recommended by the Land Use and Transportation Committee and was marked as Ordinance No. 047-21.
Consent Agenda
Amending the Administrative Code to change the composition of the Family Violence Council and extend the sunset date.
An ordinance was passed amending the Administrative Code to change the composition of the Family Violence Council and extend the sunset date for the Council to May 1, 2024. The ordinance was recommended by the Rules Committee and was marked as Ordinance No. 050-21. Supervisors Stefani, Chan, Melgar and Safai were the sponsors.
Consent Agenda
Amending the Administrative Code regarding health care requirements for certain employers at San Francisco International Airport.
An ordinance was passed amending the Administrative Code to allow contracting parties that offer multiple health benefit plans at the San Francisco International Airport to charge covered employees a limited share of premium costs on more expensive plans, to clarify who must be covered by health benefit plans that are offered, and to adjust the date by which such health benefit plans must be in effect. Supervisor Safai requested to be added as a co-sponsor. The ordinance was recommended by the Rules Committee and was marked as Ordinance No. 051-21. Supervisors Mandelman, Walton and Safai were the sponsors.
Unfinished Business
Appropriating $15 million of property tax revenue to the Department of Children, Youth and Their Families for Youth Learning Initiatives.
An ordinance appropriating $15,000,000 of property tax revenue to the Department of Children Youth and Their Families for Youth Learning Initiatives in Fiscal Year (FY) 2020-2021 was passed on first reading. Maria Su, Director (Department of Children, Youth and Their Families), and Jon Givner (Office of the City Attorney) responded to questions raised throughout the discussion. Supervisors Mar and Melgar requested to be added as co-sponsors. Sponsors included Mayor, Stefani, Walton, Ronen, Haney, Safai, Mandelman, Mar, Melgar and Chan.
Unfinished Business
Appropriating $89.9 million of property tax revenue to various departments for COVID-19 and overdose prevention relief.
An ordinance appropriating $89,900,000 of property tax revenue to the Office of Economic and Workforce Development, General Services Agency-City Administrator, Arts Commission, Children Youth and Their Families, Public Health, and General City Responsibility to provide relief to small businesses, including for small businesses impacted by property crime, Grants for the Arts, Arts Impact Endowment, Cultural Centers, Cultural Equity Endowment, Cultural Districts, Youth Learning Initiatives, San Francisco Unified School District and City College Dual Enrollment Programs, overdose prevention, and support for family relief struggling as a result of COVID-19, de-appropriating $28,200,000 of business fee revenue, and placing $6,520,705 on reserve in FY 2020-21 was passed. It was sponsored by the Mayor, Stefani, Walton, Ronen, Haney, Safai, Mandelman and Mar, and was marked as Ordinance No. 044-21.
Unfinished Business
Amending the Police Code to create a right to reemployment for certain employees laid-off due to the COVID-19 pandemic.
An ordinance amending the Police Code to create a right to reemployment for certain employees laid-off due to the COVID-19 pandemic if their employer seeks to fill the same position previously held by the laid-off employee, or a substantially similar position, and to reasonably accommodate employees who cannot work because of a family care hardship, was passed. Supervisor Stefani dissented in Committee. The ordinance was sponsored by Mar and was marked as Ordinance No. 046-21.
New Business
Authorizing the Recreation and Park Department to accept and expend an in-kind grant for the design and construction of a nature playspace at Heron’s Head Park.
A resolution authorizing the Recreation and Park Department to accept and expend an in-kind grant valued at $204,000 from KABOOM! for the design and construction of a nature playspace at Heron’s Head Park, to commence upon Board approval, was adopted. Daliah Khoury (Recreation and Park Department) responded to questions raised throughout the discussion. The resolution was sponsored by Walton and was marked as Resolution No. 142-21.
New Business
Approving an agreement with Creative Bus Sales, Inc. to procure 30 low floor diesel-hybrid buses.
A resolution approving an agreement with Creative Bus Sales, Inc. to procure 30 32-foot, low floor, diesel-hybrid buses and related tools, training, manuals, and spare parts through a procurement by the State of Georgia, in an amount not to exceed $26,071,700 and for a term not to exceed six years to commence following Board approval, was adopted. Jeffrey Tumlin (Municipal Transportation Agency) responded to questions raised throughout the discussion. Supervisor Safai requested to be added as a co-sponsor. The resolution was sponsored by Melgar and Safai, and was marked as Resolution No. 143-21.
New Business
Amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use Districts.
An ordinance amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use Districts; 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 making findings of public necessity and convenience under Planning Code, Section 302, was passed on first reading. Supervisor Safai requested to be added as a co-sponsor. It was sponsored by Mayor, Peskin, Safai and Chan.
New Business
Amending the Police Code regarding gun violence restraining orders.
An ordinance amending the Police Code to require peace officers who request a temporary emergency gun violence restraining order to serve and file a copy with the court as specified and to apply the California Penal Code provision penalizing violations of different types of gun violence restraining orders under California law to persons who are subject to parallel gun violence restraining orders issued by an out-of-state jurisdiction, was passed on first reading. Supervisors Mandelman and Safai requested to be added as co-sponsors. It was sponsored by Stefani, Mar, Haney, Mandelman and Safai.
New Business
Determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Bar Part Time will serve the public convenience or necessity.
A resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Bar Part Time, LLC, doing business as Bar Part Time, located at 496-14 Street (District 8), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license, was adopted. The resolution was marked as Resolution No. 137-21.
New Business
Determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Bloomingdale's will serve the public convenience or necessity.
A resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Bloomingdale's Inc., doing business as Bloomingdale's, located at 845 Market Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license, was adopted. The resolution was marked as Resolution No. 138-21.
New Business
Amending the Administrative Code and Campaign and Governmental Conduct Code regarding the Office of the Chief Medical Examiner.
An ordinance amending the Administrative Code and Campaign and Governmental Conduct Code to establish the position of Executive Director of the Office of Chief Medical Examiner, and to establish a division of responsibilities in that Office between the Executive Director and the Chief Medical Examiner, was passed on first reading. The ordinance was sponsored by Peskin.
New Business
Approving the Mayor's nomination for appointment of LaShawndra Price-Breston to the Treasure Island Development Authority Board of Directors.
A motion approving the Mayor's nomination for appointment of LaShawndra Price-Breston to the Treasure Island Development Authority Board of Directors, for a term ending April 28, 2022, was approved. The motion was marked as Motion No. M21-056.
Committee of the Whole
Public Hearing to consider the appointment of a Public Health Officer.
The Board of Supervisors sat as a Committee of the Whole to hold a public hearing to consider the appointment of a Public Health Officer. Dr. Grant Colfax and Dr. Susan Philip (Department of Public Health) provided an overview of the Public Health Officer appointment and responded to questions raised throughout the discussion. Bryan Goldback spoke on various concerns relating to the appointment of a Public Health Officer. There were no other speakers.
Committee Reports
Extending and modifying interim zoning controls for Conditional Use Authorization for conversion of Residential Care Facilities to Other Uses.
A resolution extending for six months and modifying interim zoning controls enacted in Resolution Nos. 430-19 and 539-19 to require a Conditional Use Authorization and specified findings for a proposed change of use from a Residential Care Facility; 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, was adopted. Supervisor Melgar requested to be added as a co-sponsor. The resolution was marked as Resolution No. 139-21 and was sponsored by Mandelman, Ronen, Safai and Melgar.
Committee Reports
Authorizing the placement of the LEATHER & LGBTQ Cultural District Leather History Cruise plaques.
A resolution authorizing the placement of the LEATHER & LGBTQ Cultural District Leather History Cruise plaques, to be installed on the sidewalks at various historic locations within and near the Cultural District in the area bounded by Brannon Street, Third Street, Mission Street, Twelfth Street and Division Street; and initiating the process set forth in Public Works Code, Sections 789 et seq., to provide for the creation of a program for and installation of commemorative plaques on the Leather History Cruise, was adopted. Supervisors Chan, Mandelman, and Safai requested to be added as co-sponsors. The resolution was marked as Resolution No. 141-21 and was sponsored by Haney, Ronen, Peskin, Preston, Chan, Mandelman and Safai.
Committee Reports
Urging prioritization of small property owners and affordable housing providers in the distribution of rent relief funds.
A resolution urging the Mayor’s Office of Housing and Community Development to prioritize small property owners and affordable housing providers in the distribution of rent relief funds through speedy review and approval timelines, technical assistance, high-quality customer service, and in-language support to non-English speakers; urging large corporate landlords to voluntarily reserve these funds for small property owners and affordable-housing providers; and requesting a monthly report from the Mayor’s Office of Housing and Community Development on the amount of federal rent relief funds received by each landlord in San Francisco, was adopted. The resolution was marked as Resolution No. 144-21 and was sponsored by Chan, Ronen, Mar, Walton, Preston and Peskin.
Committee Reports
Appointments to the Office of Early Care and Education Citizens' Advisory Committee.
A motion appointing Monica Walters (residency requirement waived) and Sara Hicks-Kilday (residency requirement waived), terms ending May 1, 2022, and Patricia Sullivan and June Lin-Arlow, terms ending May 1, 2023, to the Office of Early Care and Education Citizens' Advisory Committee, was approved. The motion was marked as Motion No. M21-057.
Public Testimony
Public comment on various issues including support for resolutions, concerns about residential living conditions, and traffic safety.
Members of the public provided comments on various topics including: Jennifer Chung, Sandra Lee, Speaker, Grace Shimizu, Judith Mirkinson, and others expressed support of the Resolution denouncing the article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer (File No. 210319). Linda Chapman shared concerns regarding residential living conditions in certain neighborhoods and the deficiencies when issuing building permits. Theresa Flandrich expressed support of the Resolution support Assembly Bill No. 854 (Lee), which creates Ellis Act Reform (File No. 210318). Barry Toronto expressed concerns regarding access to Golden Gate Park and the new pavement of certain streets in the City. Speaker, Steve Augmere, and others expressed support of the Resolutions supporting Assembly Bill No. 43 (Friedman), Traffic Safety (File No. 210313), and Assembly Bill No. 550 (Chiu), Pedestrian Safety (File No. 210314).
Remarks
Closed session regarding existing litigation.
The Board recessed to convene in closed session regarding existing litigation and no action was taken. The motion carried to not disclose the Closed Session deliberations.
Legislation Introduced
Supporting California State Assembly Bill No. 550 (Chiu) - Pedestrian Safety.
A resolution supporting California State Assembly Bill No. 550, introduced on February 10, 2021, by Assembly Member David Chiu (AD-17), which would establish and implement a five-year automated speed safety system pilot program, as long as the program meets specific equity, safety, and privacy specifications, was adopted. Supervisors Haney, Mar, and Safai requested to be added as co-sponsors. The resolution was marked as Resolution No. 146-21.
Legislation Introduced
Urging major chocolate producers to stop utilizing child forced labor in global cocoa supply chains.
A resolution urging Mars, Nestle, and major chocolate producers to stop utilizing child forced labor in their global cocoa supply chains while commending ethically made chocolate in the wake of the announcement of Dandelion Chocolate workers unionizing, was adopted. Supervisors Mandelman, Mar, and Safai requested to be added as co-sponsors. The resolution was marked as Resolution No. 147-21 and was sponsored by Preston, Walton, Haney, Mandelman, Mar and Safai.
Legislation Introduced
Supporting California State Assembly Bill No. 20 (Kalra and Lee) - Corporate Free Elections Act.
A resolution supporting California State Assembly Bill No. 20, authored by Assembly Member Ash Kalra, and co-authored by Assembly Member Alex Lee, the Corporate-Free Elections Act, which would prohibit a candidate for elective office in California from receiving a contribution from a business entity, and a business entity from making a contribution to a candidate for elective office, was adopted. Supervisors Chan, Mandelman, and Mar requested to be added as co-sponsors. The resolution was marked as Resolution No. 148-21 and was sponsored by Preston, Walton, Haney, Ronen, Peskin, Chan, Mandelman and Mar.
Legislation Introduced
Re-Affirming City Policy that the San Francisco Public Utilities Commission (SFPUC) Provide Electricity to City Projects and Urging Pacific Gas & Electric to Cooperate with the SFPUC to Provide City Power to Projects.
A resolution re-affirming City policy that the San Francisco Public Utilities Commission provide electricity to City projects where feasible and urging Pacific Gas & Electric to work with the San Francisco Public Utilities Commission to serve City electric customers efficiently, was adopted. Supervisors Chan, Mandelman, Haney, Mar, and Safai requested to be added as co-sponsors. The resolution was marked as Resolution No. 149-21 and was sponsored by Ronen, Peskin, Walton, Chan, Mandelman, Haney, Mar and Safai.
Legislation Introduced
Closed Session - Existing Litigation.
A motion that the Board of Supervisors convene in closed session on April 6, 2021, was approved. The motion was marked as Motion No. M21-058 and was sponsored by Walton.
Legislation Introduced
Supporting California State Assembly Bill No. 43 (Friedman) - Traffic Safety.
A resolution supporting Assembly Bill No. 43, authored by Assembly Member Laura Friedman, and co-authored by Assembly Members Phil Ting, David Chiu, and Bill Quirk, and co-authored by Assembly Member Tasha Boerner Horvath, which would implement policy recommendations from the California Transportation Agency as outlined in the Zero Traffic Fatalities Task Force by providing for more flexibility on setting speed limits based on safety, was adopted. Supervisors Mandelman, Haney, Melgar, Mar, and Safai requested to be added as co-sponsors. The resolution was marked as Resolution No. 145-21 and was sponsored by Chan, Preston, Ronen, Mandelman, Haney, Melgar, Mar and Safai.
Legislation Introduced
Supporting California State Assembly Bill No. 854 (Lee) - Ellis Act Reform.
A resolution urging support for California State Assembly Bill No. 854, authored by Assembly Member Alex Lee, and co-authored by Assembly Members David Chiu, Richard Bloom, and Phil Ting, which creates Ellis Act Reform by imposing a five year holding period before the Ellis Act can be used, was adopted. Sueprvisors Chan, Peskin, Haney, Ronen, Mar, Melgar, and Preston requested to be added as co-sponsors. The resolution was marked as Resolution No. 150-21 and was sponsored by Safai, Walton, Mandelman, Chan, Peskin, Haney, Ronen, Mar, Melgar and Preston.
Legislation Introduced
Denouncing the Article, “Contracting for Sex in the Pacific War,” by J. Mark Ramseyer of the Japanese Legal Studies at Harvard Law School.
A resolution denouncing the article, “Contracting for Sex in the Pacific War,” written by J. Mark Ramseyer, of the Japanese Legal Studies at Harvard Law School, which denies the history of sexual enslavement of the hundreds of thousands of women by the Japanese Imperial Army during the Pacific War, was adopted. Supervisors Ronen, Haney, and Mar requested to be added as co-sponsors. Supervisor Chan requested to be removed as a co-sponsor. The resolution was marked as Resolution No. 151-21 and was sponsored by Walton, Melgar, Peskin, Safai, Mandelman, Ronen, Haney and Mar.