The San Francisco Board of Supervisors convened on April 13, 2021, to address a range of issues including budget allocations, housing initiatives, and code updates, all held via videoconference due to COVID-19 restrictions. Key discussions included Mayor Breed's address on a new drug sobering center and a debate with Supervisor Preston on funding rent relief through Proposition "I" revenue. The Board approved several ordinances, including a lawsuit settlement, planning code amendments for Chinatown, and various code updates. They also addressed unfinished business by appropriating $15 million for youth learning initiatives. New business included measures to forgive rent for tenants affected by COVID-19, agreements with PG&E, and contract amendments for various services. Public testimony covered topics like city service accessibility and Muni expansion, and several new resolutions were introduced, addressing everything from Senate filibuster elimination to support for the FAST Recovery Act, as well as requests for hearings.
Committee of the Whole
The Mayor addressed the Board regarding a new drug sobering center and discussed budget priorities with Supervisor Preston.
Mayor London Breed addressed the Board of Supervisors, discussing the opening of a new drug sobering center intended to aid those experiencing homelessness and mental health issues. Supervisor Preston (District 5) initiated a formal policy discussion regarding budget priorities, specifically inquiring whether the Mayor would commit to funding rent relief and the Housing Stability Fund using Proposition “I” revenue. Mayor Breed acknowledged the housing crisis but noted Proposition “I” did not designate specific uses for the revenue, reserving her decision to allocate funds responsibly via the General Fund. Supervisor Preston followed up, seeking a commitment to use Proposition “I” funds as voters intended in the upcoming budget proposal. Mayor Breed reiterated her intention to allocate funding responsibly. The matter was then heard and filed with no further action.
Consent Agenda
The Board approved several items, including a lawsuit settlement, planning code amendment for Chinatown, and updates to the police and administrative codes.
The Board of Supervisors approved several items under the consent agenda. First, they passed an ordinance authorizing the settlement of a lawsuit filed by Jose Parra against the City and County of San Francisco for $115,000, due to alleged personal injury on a City walkway (Ordinance No. 057-21). Second, an ordinance amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use Districts was approved, along with findings of consistency with the General Plan (Ordinance No. 054-21). Supervisor Chan was added as a co-sponsor. Third, an ordinance amending the Police Code to require peace officers to serve and file copies of temporary emergency gun violence restraining orders and to apply California Penal Code provisions to out-of-state gun violence restraining orders was approved (Ordinance No. 053-21). Finally, 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 between the Executive Director and the Chief Medical Examiner was approved (Ordinance No. 055-21).
Consent Agenda
The Board approved a settlement for inmates related to sleep disruptions at County Jails.
The Board of Supervisors approved an ordinance authorizing settlement of a lawsuit filed by Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, and Javonn Allen against the City and County of San Francisco for $30,000. The lawsuit, filed on May 20, 2019, in United States District Court - Northern District of California, Case No. 19-cv-02722; entitled Jose Poot, Kishawn Norbert, Kenyon Norbert, Marshall Higginbotham, Antoine DeWhitt, Cory Butler, Montrail Brackens, Delon Barker, Javonn Allen v. San Francisco County Sheriff’s Department, et al.; the lawsuit involves 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. (City Attorney) - Ordinance No. 056-21. This was split from the Consent Agenda due to Supervisor Ronen's request. The vote to approve was 9-2, with Supervisors Ronen and Safai dissenting.
Unfinished Business
The Board approved $15 million in property tax revenue for youth learning initiatives.
The Board of Supervisors passed Ordinance No. 052-21, 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. Supervisor Chan was added as a co-sponsor. This was from a prior meeting
New Business
The Board advanced legislation to forgive rent for tenants affected by the COVID-19 pandemic and approved an agreement with PG&E for electric grid interconnection.
The Board of Supervisors passed on first reading an ordinance authorizing the City Administrator to amend certain leases and forgive rent due between April 2020 and December 2020 with nonresidential tenants impacted by COVID-19 (File No. 210001). A second ordinance approving a Transmission Facilities Agreement with Pacific Gas and Electric Company to interconnect City-owned transmission facilities to the electric grid for $21,165,000 over four years and three months was also passed on first reading (File No. 210159).
New Business
The Board approved a lease amendment for Airport Travel Agency, Inc. and a contract amendment with San Francisco AutoReturn.
The Board of Supervisors retroactively approved Amendment No. 2 to the Airport Amenities and Business Services Lease No. 13-0202 between Airport Travel Agency, Inc. and the City and County of San Francisco, acting by and through its Airport Commission, to extend the Lease by two years and six months, beginning January 1, 2021, for a total term of January 1, 2014, through 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 the approval of the Board of Supervisors. (Airport Commission) - Resolution No. 152-21. They also retroactively approved the third amendment with TEGSCO, LLC, dba San Francisco AutoReturn, for services related to the towing, storage, and disposal of abandoned and illegally-parked vehicles, to authorize an increase to the contract amount by $11,200,000 for the first year of the five-year extension, with the option to increase the contract amount by an additional $11,600,000 in the second year of the extension, for a total amount not to exceed $88,200,000 to commence on April 1, 2021. (Municipal Transportation Agency) - Resolution No. 153-21. Supervisor Chan voted No on this one
New Business
The Board approved funding for tenant improvements for Volunteers in Medicine and accepted a grant for tobacco prevention efforts.
The Board of Supervisors authorized the Director of Property to execute a first amendment to a restated ten-year commercial lease, with two five-year extension options, between the City and County of San Francisco, as landlord, and Volunteers in Medicine, DBA Clinic By the Bay, as tenant, for the City-owned property located at 35 Onondaga Avenue; authorizing the reimbursement of up to a total of $1,660,000 for tenant improvements, to commence following Board approval upon execution of the lease. (Fiscal Impact) - Resolution No. 154-21. They also retroactively authorized the Department of Public Health to accept and expend a grant in the amount of $1,780,842 from the California Department of Justice for participation in a program, entitled “Tobacco Grant Program Award,” for the period of January 1, 2021, through December 31, 2023. (Public Health Department) - Resolution No. 156-21.
New Business
The Board approved acceptance of a federal grant for emergency rental assistance with a request for monthly reporting on fund distribution.
The Board of Supervisors retroactively authorized the Mayor, on behalf of the City and County of San Francisco, to accept and expend the City’s Emergency Rental Assistance funding from the U.S. Department of the Treasury, in the amount of $26,209,982.70 for a period beginning January 8, 2021, through December 31, 2021. Supervisor Chan, seconded by Supervisor Melgar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 1-4, by adding ‘FURTHER RESOLVED, That the Board of Supervisors requests a monthly written report from the Mayor’s Office of Housing and Community Development to the Clerk of the Board on the amount of federal rent relief funds received by each landlord in San Francisco, until all funds have been distributed; and, be it’. The motion carried by the following vote: Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton. Resolution No. 157-21 ADOPTED AS AMENDED.
New Business
The Board adopted the City's five-year Information and Communication Technology Plan.
The Board of Supervisors adopted the City’s five-year Information and Communication Technology Plan for Fiscal Years (FYs) 2022-2026, pursuant to Administrative Code, Section 22A.6. Resolution No. 155-21 ADOPTED.
New Business
The Board advanced legislation to designate a building as a landmark and continued an emergency ordinance regarding workplace ventilation standards.
The Board of Supervisors passed on first reading an ordinance amending the Planning Code to designate 1830 Sutter Street (aka Japanese YWCA/Issei Women’s Building), Assessor’s Parcel Block No. 0676, Lot No. 035, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Supervisors Mar and Safai requested to be added as co-sponsors. They also moved to continue the final passage of a separate emergency ordinance to the Board of Supervisors meeting of April 20, 2021. This was related to the Covid-19 enforcement of workplace ventilation standards.
New Business
The Board advanced legislation regarding the Shelter Monitoring Committee and employer reporting requirements.
The Board of Supervisors passed on first reading an ordinance amending the Administrative Code to reinstitute the Shelter Monitoring Committee and change the date on which it expires from December 31, 2020, to July 1, 2022. They also passed on first reading an ordinance amending the Administrative Code to waive the requirement for employers to report compliance with the Health Care Security Ordinance for 2020, codifying the previous waiver of such requirement for 2019, amending the Police Code to waive the requirement for employers to report compliance with the Fair Chance Ordinance for 2020, and codifying the previous waiver of such requirement for 2019.
New Business
The Board tabled a motion regarding a mayoral appointment to the Historic Preservation Commission and approved appointments to the Student and Families RISE Working Group.
Clerk Calvillo informed the Board of Supervisors that she was in receipt of a communication from the Mayor's Office, dated April 13, 2021, forwarding Christina Dikas' letter withdrawing her name from consideration for the Historic Preservation Commission. The Board then moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton. They did, however approve Leslie Hu, Rafael Picazo (residency requirement waived), Efrain Barrera, Carol Hill, Joyce Dorado (residency requirement waived), Jacob Leos-Urbel, Emily Garvie, and Marcus Wong, terms ending April 8, 2022, to the Student and Families RISE (Recovery and Inclusive Successful Enrichment) Working Group.
Hearing
The Board heard an appeal regarding an environmental exemption for a project on Lombard Street, ultimately deciding to reverse the exemption.
The Board of Supervisors conducted a hearing regarding an appeal of a determination of exemption from environmental review for a proposed project at 476 Lombard Street. The proposed project included construction of a horizontal addition, a new elevator, and roof deck to an existing three-story single-family residence. Supervisor Peskin provided opening remarks, followed by presentations from Susan Brandt-Hawley and Katherine Petrin (Appellants), Justin Zucker and Hannah Lise Simonson (Project Sponsor), and Lisa Gibson, Charles Enchill and Claudine Asbagh (Planning Department). The public hearing was closed and filed. The Board then tabled a motion affirming the exemption determination. They approved a motion conditionally reversing the exemption determination, subject to the adoption of written findings, and directed the Clerk of the Board to prepare findings reversing the exemption determination.
Public Testimony
Members of the public commented on various issues, including accessibility of city services, expansion of Muni services, and appointments to the Golden Gate Bridge board.
Peter Warfield suggested the need to hold a hearing on the accessibility of City services and information during the pandemic, and concerns on the poor quality of service being provided by the Public Library. Gilbert Crisswell expressed the need to expend certain funds to expand Muni services in certain neighborhoods during the pandemic. John Holden expressed the need to fill the appointments on the Golden Gate Bridge, Highway and Transportation District, Board of Directors. Barry Toronto expressed support of providing free Muni and concerns regarding the safety of Muni employees. Francisco Da Costa expressed the need to make public participation easily accessible and concerns regarding suffering during the pandemic. Daniel Landry expressed the need to expand Muni services in certain neighborhoods and shared instances of racial profiling at certain businesses.
New Business
The Board adopted a resolution supporting funding for the California Nutrition Incentive Program.
The Board of Supervisors adopted a resolution supporting the California Nutrition Incentive Program Budget Coalition request for Fiscal Year (FY) 2021-2022 funding of $20,000,000 for the California Nutrition Incentive Program at California Department of Food and Agriculture Office of Farm to Fork, including programs like the statewide Market Match; and urging the California Assembly and Senate budget committees to include in the FY2021-2022 Budget Act a one-time appropriation of $20,000,000 for the California Nutrition Incentive Program. Supervisors Mar, Preston, and Safai requested to be added as co-sponsors.
New Business
The Board will refer to the Land Use and Transportation Committee a bill that that pertains to contaminated sites.
The Board of Supervisors will refer California State Senate Bill No. 37, Contaminated Sites: The Hazardous Waste Site Cleanup and Safety Act, authored by Senator David Cortese, expressly prohibiting the use of the common sense exemption to be applied to construction projects located on contaminated sites identified on the state’s Cortese List, to the Land Use and Transportation Committee. Supervisor Haney requested to be added as a co-sponsor.
Legislation Introduced
Several new ordinances and resolutions were introduced regarding youth programs, massage establishment zoning, campaign conduct codes, and various city projects.
Several new ordinances and resolutions were introduced. These include:
* An ordinance requiring DCYF and RPD to develop a summer youth program.
* An ordinance amending the Planning Code for massage establishment zoning controls.
* An ordinance amending the Campaign and Governmental Conduct Code to update Form 700 filing requirements.
* A resolution approving the acquisition of real property at 4840 Mission Street for affordable housing.
* A resolution authorizing the execution and delivery of a multifamily housing revenue note for 4840 Mission Apartments.
* A resolution authorizing the issuance and sale of Development Special Tax Bonds for City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services).
* A resolution approving certain documents and actions related to a Pledge Agreement by City and County of San Francisco (CCSF) Infrastructure Financing District No. 2 (Port of San Francisco) and special tax bonds for City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services).
* A resolution providing for the issuance of General Obligation Bonds (Health and Recovery, 2020).
* A resolution authorizing the issuance and sale of General Obligation Bonds (Health and Recovery, 2020), Series 2021D.
* A resolution authorizing the issuance and sale of General Obligation Bonds (Earthquake Safety and Emergency Response, 2020), Series 2021E.
* A resolution authorizing the issuance and sale of General Obligation Bonds (Transportation and Road Improvement Bonds, 2014), Series 2021C.
* A resolution approving a lease of real property at 1076 Howard Street for the Department of Public Health.
* A resolution retroactively authorizing Public Works to accept and expend a grant for the Pit Stop Public Toilet Program.
* A resolution supporting the elimination of the United States Senate filibuster.
* A resolution supporting United States House Resolution (H.R.) No. 842, Protecting the Right to Organize Act of 2021.
* A resolution supporting Congressman Jimmy Gomez and Senator Patty Murray’s Jeanette Acosta Invest in Women’s Health Act of 2021.
* A resolution recognizing the commencement of Ramadan.
* A resolution extending the review period for Planning Commission review of “Review of Large Residence Developments”.
* A resolution supporting California State Assembly Bill No. 257 to enact the Fast Food Accountability and Standards (FAST) Recovery Act.
* A resolution designating April 24, 2021, as “Armenian Genocide Commemoration Day”.
* A resolution approving the Issuance and Sale of Revenue Obligations by the California Enterprise Development Authority to finance or refinance the acquisition, construction, renovation, rehabilitation, improvement and/or equipping of educational and related facilities to be owned and operated by Alta Vista School.
* A resolution recognizing the month of April as Earthquake Preparedness Month.
* A resolution supporting California State Assembly Bill No. 490, “The Angelo Quinto Act of 2021,” to prohibit law enforcement from authorizing techniques or transport methods that involve a substantial risk of positional asphyxia.
* A motion reappointing Paul Wells to the Bicycle Advisory Committee.
* A request to be heard on the SkyChef Noncompliance with the Healthy Airport Ordinance
* A request to be heard on Sidewalk Conditions and Maintenance Strategy to Address Safety and Accessibility
* A request to be heard on Food Insecurity and Hunger in San Francisco.
* A request to be heard on Appointments, Assessment Appeals Board No. 2
* A request to be heard on Appointments, Assessment Appeals Board No. 3
New Business
The Board heard settlement of a claim, lease amendment and designataion of various departments.
Proposed resolutions included settling a property tax overpayment claim, approving a lease amendment with World Duty Free Group North America, LLP for newsstands/stores, designating various departments as Health Care Components of the City under HIPAA, amending a grant agreement with the Institute on Aging for the Community Living Fund and amend a contract with Baker Places for behavioral health respite services.