Imperium

San Francisco County

Meeting on Recology Settlement, Lyon-Martin Landmark Designation, COVID-19 Hazard Pay, and Support for State Legislation

The San Francisco Board of Supervisors met on May 11, 2021, addressing a range of issues including unfinished business, new business, and committee reports. Key actions included the final passage of an ordinance to settle a lawsuit against Recology and related companies for overcharging ratepayers, designating Lyon-Martin House as a Landmark, and passing an emergency ordinance requiring COVID-related hazard pay. The Board also considered and approved various contracts, lease amendments, and resolutions related to city services and infrastructure. Additionally, Supervisors introduced new legislation covering topics such as small business recovery, tenant protections, and support for state bills. Public comment was received on issues including transportation and community benefits districts.

Search for Specific Moments

Unfinished Business

Consideration of a retroactive in-kind grant for the Esprit Park renovation design.

The Board considered a resolution retroactively authorizing the Recreation and Park Department to accept and expend an in-kind grant valued at approximately $835,000 from the Dogpatch and Northwest Potrero Hill Green Benefit District for design services for the Esprit Park renovation project, covering the period from March 1, 2021, through December 31, 2023. Nathan Tinclair from the Recreation and Park Department and Jeremy Spitz from Public Works were present to answer questions. Supervisor Walton moved to continue the resolution to the May 18, 2021, Board meeting, which was approved.

Unfinished Business

Final passage of an ordinance to settle a lawsuit against Recology and related companies for overcharging ratepayers.

The Board considered an ordinance authorizing the settlement of a lawsuit filed by the City and County of San Francisco against Recology San Francisco, Sunset Scavenger Company, and Golden Gate Disposal and Recycling Company. The settlement includes a payment of at least $94,520,000 in restitution to San Francisco refuse ratepayers, $7,000,000 in civil penalties to the City, and a four-year injunction against the defendants due to violations of California’s Unfair Competition Law and San Francisco Campaign and Governmental Conduct Code related to overcharging ratepayers and unlawful gifts to city employees. The ordinance (No. 075-21) finally passed with a unanimous vote.

Unfinished Business

Final passage of an ordinance designating Lyon-Martin House as a Landmark.

The Board considered an ordinance amending the Planning Code to designate Lyon-Martin House, located at 651 Duncan Street, as a Landmark. This designation is consistent with the standards set forth in Article 10 of the Planning Code. The Planning Department's determination under the California Environmental Quality Act was affirmed, and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1 were made. Supervisor Chan requested to be added as a co-sponsor. The ordinance (No. 074-21) finally passed with a unanimous vote.

New Business

Approval of an emergency contract for steam pipe repair at Larkin and McAllister.

The Board considered a resolution approving an emergency public work contract between Public Works and A. Ruiz Construction Co. & Assoc., Inc. to make repairs on the Civic Center Steam Loop. The total contract amount is $275,271.70. The resolution (No. 217-21) was adopted with a unanimous vote.

New Business

Retroactive approval of an expenditure schedule amendment for the U.S. Department of Housing and Urban Development Emergency Solutions Grants Program.

The Board considered a resolution retroactively approving an amendment of the CARES Act Emergency Solutions Grants Coronavirus (ESG-CV) Round 2 Entitlement Expenditure Plan from the U.S. Department of Housing and Urban Development in the amount of $10,000,000 for operations and services for a congregate shelter, covering the period from July 1, 2020, through June 30, 2023. The resolution (No. 218-21) was adopted with a unanimous vote.

New Business

Approval of a contract amendment for the delivery of low-cost power to Treasure Island and Yerba Buena Island.

The Board considered a resolution approving Amendment No. 1 to the contract between the City and County of San Francisco and the United States, through the Department of Energy Western Area Power Administration, for the delivery of low-cost power to Treasure Island and Yerba Buena Island. The amendment extends the term by 30 years, making the total term from January 1, 2005, through December 31, 2054, and increases the contract amount by $7,691,541, for a total not to exceed amount of $27,691,541. The resolution (No. 219-21) was adopted with a unanimous vote.

New Business

Approval of a lease amendment with World Duty Free Group North America for Terminal 2 newsstands, coffee, and specialty stores.

The Board considered a resolution approving Amendment No. 3 to the Terminal 2 Newsstands, Coffee and Specialty Stores Lease No. 10-0232, between World Duty Free Group North America, LLP, and the City and County of San Francisco, acting through its Airport Commission. The amendment extends the term no later than June 30, 2023, with a condition that the Airport Director may terminate earlier with six months' notice, with no change to the current minimum annual guarantee. The resolution (No. 220-21) was adopted with a unanimous vote.

New Business

Approval of a lease amendment with Smarte Carte, Inc. for airport luggage cart operations.

The Board considered a resolution approving Amendment No. 2 to the Airport Luggage Cart Lease and Operating Agreement No. 19-0069 between Smarte Carte, Inc., and the City and County of San Francisco, acting through its Airport Commission. The amendment changes the luggage cart service in the Federal Inspection Service (FIS) area from a free service to a paid service, gives the Airport Director authorization to reinstate free carts and resume payment of the Annual Service Fee at their discretion, and exercises the one three-year option for a total term of January 1, 2020, through December 31, 2025. The resolution (No. 221-21) was adopted with a unanimous vote.

New Business

Approval of a contract amendment with San Francisco New Deal for feeding services at alternative shelter locations.

The Board considered a resolution approving a contract amendment between the City and County of San Francisco and San Francisco New Deal for feeding services for Alternative Shelter locations. The amendment extends the contract term by twelve months, making the total term from May 18, 2020, through May 17, 2022, and increases the contract amount by $9,073,625, for a total not to exceed amount of $18,990,675. The resolution (No. 222-21) was adopted with a unanimous vote.

New Business

Approval of a contract amendment with SMG Food and Beverage LLC for feeding services at alternative shelter locations.

The Board considered a resolution approving a contract amendment between the City and County of San Francisco and SMG Food and Beverage LLC for feeding services for Alternative Shelter locations. The amendment extends the contract term by twelve months, making the total term from May 18, 2020, through May 17, 2022, and increases the contract amount by $7,327,666, for a total not to exceed amount of $16,807,483. The resolution (No. 223-21) was adopted with a unanimous vote.

New Business

Approval of the issuance of Development Special Tax Bonds for the Mission Rock Facilities and Services.

The Board considered a resolution authorizing the issuance and sale of one or more series of Development Special Tax Bonds for City and County of San Francisco Special Tax District No. 2020-1 (Mission Rock Facilities and Services) in the aggregate principal amount not to exceed $64,900,000. The resolution supplements Resolution No. 196-20 and approves related documents, including an Official Statement, a First Supplement to Fiscal Agent Agreement, Bond Purchase Agreement, and Continuing Disclosure Certificate. The resolution (No. 224-21) was adopted with a unanimous vote.

New Business

Approval of pledge agreement related documents for the Mission Rock Facilities and Services.

The Board considered 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). The resolution (No. 225-21) was adopted with a unanimous vote.

New Business

First reading of an ordinance to extend the deadline for upgrading fire alarm systems.

The Board considered an ordinance amending the Fire Code and Existing Building Code to extend the deadline for building owners to upgrade existing fire alarm systems from July 1, 2021, to July 1, 2023. The ordinance makes findings under the California Health and Safety Code and directs the Clerk of the Board to forward it to the California Building Standards Commission upon final passage. Supervisors Chan and Mandelman requested to be added as co-sponsors. The ordinance passed on first reading with a unanimous vote.

New Business

Appointment to the Sugary Drinks Distributor Tax Advisory Committee.

The Board considered a motion appointing Dianna Cavagnaro to the Sugary Drinks Distributor Tax Advisory Committee for a term ending December 31, 2022. The motion (No. M21-076) was approved with a unanimous vote.

New Business

Appointments to the Veterans Affairs Commission.

The Board considered a motion appointing Jason Chittavong, term ending January 31, 2023, and George Ishikata and Nicholas Rusanoff, terms ending January 31, 2025, to the Veterans Affairs Commission. The motion (No. M21-077) was approved with a unanimous vote.

Committee Reports

Final passage of an emergency ordinance requiring COVID-related hazard pay.

The Board considered the reenactment of an emergency ordinance (Ordinance No. 36-21) to temporarily require certain retail locations, including grocery stores and pharmacies, and property service contractors for these locations, to pay employees an additional five dollars per hour during the public health emergency related to COVID-19. This matter required a two-thirds vote of the Board (8 votes) for passage. The ordinance (No. 073-21) finally passed with a unanimous vote.

Committee Reports

Approval of the Mayor's nomination for appointment to the Retirement Board.

The Board considered the Mayor's nomination for the appointment of Shruti Gandhi to the Retirement Board, for a term ending February 20, 2024. Shruti Gandhi and Sophia Kittler from the Mayor's Office answered questions. Supervisor Peskin moved to amend the motion by striking '/rejecting' on Page 1, Line 3, and Line 16, which carried unanimously. The amended motion approving the appointment of Shruti Gandhi was then approved unanimously (Motion No. M21-078).

Public Testimony

Public comment on various issues.

Members of the public provided comments on various issues, including concerns about documents received through a public records request, public transportation, support for a resolution regarding residential solar energy systems permitting (File No. 210512), and concerns regarding community benefit districts and funding.

Consent Agenda

Resolution supporting California State Senate Bill No. 693 (Stern) - The Never Again Education Act.

The Board considered a resolution supporting California State Senate Bill No. 693, The Never Again Education Act, authored by Senator Henry Stern. This bill would establish the Governor’s Council on Genocide and Holocaust Education to establish best practices for, and promote implementation of, education on genocide, including the Holocaust, and submit an annual report to the Legislature. Supervisors Melgar, Mandelman, Safai, and Preston requested to be added as co-sponsors. The resolution (No. 228-21) was adopted.

Consent Agenda

Resolution recognizing the Asian Art Museum.

The Board considered a resolution recognizing and honoring the contributions of the San Francisco’s Asian Art Museum and their role to leverage the power of art to confront prejudice and bridge cultural divides on the occasion of Asian Heritage Month. Superivosrs Preston, Safai, Mar, and Haney requested to be added as co-sponsors. The resolution (No. 229-21) was adopted.

Consent Agenda

Approval of Parcel Map No. 9610 - Potrero HOPE SF Project, Phase 2.

The Board considered a motion approving Parcel Map No. 9610, Potrero HOPE SF Project, Phase 2, relating to the Potrero HOPE SF Project. The motion involves the merger and resubdivision of existing Assessor’s Parcel Block Nos. 4285B-001 and 4285B-002, resulting in two lots intended for housing and two lots dedicated to the City as public right-of-way. It also approves a Public Improvement Agreement related to the Parcel Map and acknowledges findings pursuant to the General Plan and the eight priority policies of Planning Code, Section 101.1. (Public Works) The motion (No. M21-079) was approved.

Consent Agenda

Resolution urging continued access to Angel Island.

The Board considered a resolution reaffirming the importance of Angel Island State Park and the Angel Island Immigration Station as sites of immense public and historic interest. It urges the California Public Utilities Commission, California Department of Parks and Recreation, and Golden Gate Bridge Highway and Transportation District Board of Directors to take all necessary measures to ensure continued access to Angel Island. Superivsors Chan, Peskin, and Safai requested to be added as co-sponsors. The resolution (No. 226-21) was adopted.

Consent Agenda

Resolution supporting California State Senate Bill No. 617 (Wiener) - Residential Solar Energy Systems: Permitting.

The Board considered a resolution supporting California State Senate Bill No. 617, Residential Solar Energy Systems: Permitting, introduced by Senator Scott Wiener. This bill would direct jurisdictions of a certain size to implement automated permitting for small residential rooftop solar systems and calls for the California Energy Commission to establish a grant program that would provide resources for cities and counties to do this. Suipervisor Mar requested to be added as a co-sponsor. The resolution (No. 227-21) was adopted.

Consent Agenda

James W. Chow Day - May 12, 2021.

The Board considered a resolution commending James W. Chow on the occasion of his 100th birthday, and declaring May 12, 2021, as James W. Chow Day in the City and County of San Francisco. Supervisors Mar and Peskin requested to be added as co-sponsors. The resolution (No. 230-21) was adopted.

Legislation Introduced

Ordinance amending Planning, Business and Tax Regulations, Police Codes - Small Business Recovery Act.

Mayor introduced an Ordinance amending the Planning, Business and Tax Regulations, and Police Codes to simplify procedures and allow flexibility for neighborhood, cultural, and entertainment establishments.

Legislation Introduced

Ordinance fixing compensation for Unrepresented Employees.

Mayor introduced an Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensation is subject to the provisions of Charter, Section A8.409, in job codes not represented by an employee organization, and establishing working schedules and other terms and conditions of employment and methods of payment effective July 1, 2021.

Legislation Introduced

Ordinance regarding Deferring Payments to and Use of the 180 Jones Affordable Housing Fund.

Supervisor Haney introduced an Ordinance amending Ordinance No. 49-17, as amended by Ordinance No. 209-17, to change the timeline for the payments of a $2,700,000 gift and $9,750,000 from the project sponsor of the project at 950-974 Market Street to the 180 Jones Street Affordable Housing Fund; amending the Administrative Code regarding use of the 180 Jones Street Affordable Housing Fund; and authorizing actions in furtherance of this Ordinance, as defined herein.

Legislation Introduced

Ordinance regarding Conditional Use Authorization Requirements Regarding Residential Care Facilities.

Supervisor Mandelman introduced an Ordinance amending the Planning Code to eliminate the requirement of Conditional Use Authorization for Residential Care Facilities for seven or more people in Residential, House (RH) Districts.

Legislation Introduced

Ordinance regarding Alternate Water Sources for Non-Potable Applications.

Supervisor Mandelman introduced an Ordinance amending the Health Code to 1) lower the threshold, from 250,000 to 100,000 square feet of gross floor area, for requiring that new buildings be constructed, operated, and maintained using specified alternate water sources for required non-potable uses

Legislation Introduced

Ordinance regarding Extension Of Temporary Tenant Protections Due To COVID-19.

Supervisor Preston introduced an Ordinance amending the Administrative Code to extend the COVID-19 based limit on residential evictions, which allows evictions only if based on the non-payment of rent or violence or health and safety issues, from June 30, 2021, to September 30, 2021.

Legislation Introduced

Ordinance regarding Appropriation - Fiscal Cliff Reserve $128,300,000 - Mayor’s Office of Housing and Community Development - $64,150,000 for Rent Relief and $64,150,000 for Social Housing - FY2021-2022.

Supervisor Preston introduced an Ordinance appropriating $13,757,390 from the COVID Contingency Reserve to the Mayor’s Office of Housing and Community Development for rent relief under the Rent Resolution and Relief Fund.

Legislation Introduced

Ordinance regarding Designating Fire Department Paramedics to Initiate 5150 Holds.

Supervisor Safai introduced an Ordinance amending the Health Code to designate all certified and accredited paramedics employed by the Fire Department to initiate temporary psychiatric holds, subject to state law procedures and requirements adopted by the county behavioral health director.

Legislation Introduced

Ordinance regarding “Ghost Guns”.

Supervisor Stefani introduced an Ordinance amending the Police Code to prohibit any person other than a licensed manufacturer or importer from possessing, selling, offering for sale, transferring, purchasing, transporting, receiving, or manufacturing an unfinished firearm frame or receiver that has not been imprinted with a serial number, subject to certain exceptions.

Legislation Introduced

Resolution Opposing Human Rights Violations in Colombia.

Supervisor Haney introduced a Resolution opposing human rights violations in Colombia and demanding the implementation of the Leahy Law to suspend economic assistance to the Colombian Anti-Riot Police Force, also known as the Mobile Anti-Disturbances Squadron.

Legislation Introduced

Resolution regarding Queer and Transgender Asian and Pacific Islanders Week - May 22 through 29, 2021.

Supervisor Mandelman introduced a Resolution celebrating Queer and Transgender Asian and Pacific Islanders (QTAPI) and declaring May 22 through 29, 2021, as QTAPI Week in the City and County of San Francisco.

Legislation Introduced

Resolution urging Passage of California State Assembly Bill No. 816 (Chiu) - State and Local Agencies: Homelessness Plan.

Supervisor Mandelman introduced a Resolution urging passage of California State Assembly Bill No. 816, authored by Assembly Member David Chiu, to create a statewide planning process to reduce homelessness by 90 percent by 2029 and to hold state and local governments accountable for addressing homelessness.

Legislation Introduced

Resolution Recognizing and Honoring the Service and Sacrifices of the Filipino Nurse Community.

Supervisor Melgar introduced a Resolution recognizing and honoring the service and sacrifices of the Filipino Nurse community.

Legislation Introduced

Resolution regarding Contract Modification - Retroactive - Catherine Wagner LLC - Central Subway Artwork - Term Extension - Not to Exceed $328,376.

Supervisor Peskin introduced a Resolution retroactively approving Modification Nos. 3 and 4 to extend the contract and to increase the amount of the contract by $15,906 for a total amount not to exceed $328,376.

Legislation Introduced

Resolution regarding Contract Modification - Retroactive - Paramedia, LLC - Central Subway Artwork - Term Extension.

Supervisor Peskin introduced a Resolution retroactively approving Contract Modification No. 2 to extend the term to June 29, 2021; and approving Contract Modification No. 3 to extend the term for a total term of June 1, 2011, through December 31, 2021, with no increase to the contract amount of $536,550

Legislation Introduced

Resolution regarding Contract Modification - Retroactive - Tomie Arai - Central Subway Artwork - Term Extension.

Supervisor Peskin introduced a Resolution retroactively approving Modification No. 3 between the Arts Commission, the Municipal Transportation Agency and Tomie Arai to extend the term of the contract for one year for a total term of March 1, 2011, through December 31, 2021.

Legislation Introduced

Resolution regarding Contract Modification - Retroactive - White Light Inc. - Werner Klotz Public Art Inc. - Central Subway Artwork - Term Extension.

Supervisor Peskin introduced a Resolution retroactively approving Contract Modification No. 4 to extend the term of the contract for a total term of June 1, 2011, through December 31, 2021.

Legislation Introduced

Resolution regarding Contract Modification - Retroactive - Yumei Hou - Central Subway Artwork - Term Extension.

Supervisor Peskin introduced a Resolution retroactively approving Contract Modification No. 2 between the Arts Commission, the Municipal Transportation Agency and Yumei Hou to extend the term of the contract for two years for a total term of March 1, 2011, through December 31, 2021.

Legislation Introduced

Resolution supporting California State Assembly Bill No. 528 (Wicks) - Abandoned Lots and Properties into Opportunity Act.

Supervisor Preston introduced a Resolution supporting California State Assembly Bill No. 528, Abandoned Lots and Properties into Opportunity Act, authored by Assembly Member Buffy Wicks, that would remove certain tax-defaulted and abandoned properties from neighborhoods, give affordable housing developers an opportunity to build in more places, and remove tax delinquent properties from the county ledger, while keeping existing tenants housed by strengthening and improving the existing Chapter 8 process for acquiring and rehabbing tax delinquent second homes.

Legislation Introduced

Resolution supporting California State Assembly Bill No. 812 (Garcia) - The Repeal of the Spousal Rape Exception Act.

Supervisor Stefani introduced a Resolution supporting California State Assembly Bill No. 812, The Repeal of the Spousal Rape Exception Act, authored by State Assembly Member Cristina Garcia, which would eliminate the “spousal rape exception” in the California Penal Code (Section 262) to ensure that “spousal rape” is treated and punished as seriously as rape of a non-spouse.

Legislation Introduced

Motion regarding Mayoral Reappointment, Port Commission - Kimberly Brandon.

Mayor introduced a Motion regarding the Mayoral Reappointment, Port Commission - Kimberly Brandon.

Legislation Introduced

Request for Hearing regarding Technology and Biotechnology Start-Ups.

Supervisor Haney introduced a Request for Hearing regarding Technology and Biotechnology Start-Ups.

Legislation Introduced

PROPOSED ORDINANCE regarding Joint Stipulation - American Beverage Association, California State Outdoor Advertising Association, and California Retailers Association - $0.

City Attorney introduced a PROPOSED ORDINANCE regarding Joint Stipulation - American Beverage Association, California State Outdoor Advertising Association, and California Retailers Association - $0.

Legislation Introduced

PROPOSED RESOLUTIONS regarding Lease Agreement - New Cingular Wireless PCS, LLC (d.b.a. AT&T) - Cellular Service Partner Lease - Base Rent of $2,400,000 for Year 1 - One-Time Reimbursement Payment to City of $28,600,000.

Airport Commission introduced a PROPOSED RESOLUTIONS regarding Lease Agreement - New Cingular Wireless PCS, LLC (d.b.a. AT&T) - Cellular Service Partner Lease - Base Rent of $2,400,000 for Year 1 - One-Time Reimbursement Payment to City of $28,600,000.

Legislation Introduced

PROPOSED RESOLUTIONS regarding Comparative Fault Indemnification Provision - General Electric Renewable US LLC - Design-Build Construction Contract.

Public Utilities Commission introduced a PROPOSED RESOLUTIONS regarding Comparative Fault Indemnification Provision - General Electric Renewable US LLC - Design-Build Construction Contract.

Legislation Introduced

PROPOSED RESOLUTIONS regarding Contract - San Francisco Pretrial Diversion Project - Pretrial Services - Not to Exceed $18,764,430.

Sheriff introduced a PROPOSED RESOLUTIONS regarding Contract - San Francisco Pretrial Diversion Project - Pretrial Services - Not to Exceed $18,764,430.