Imperium

San Francisco County

Meeting on COVID-19 Responses, Housing Initiatives, and Budget Approvals

The San Francisco Board of Supervisors convened via videoconference on June 2, 2020, to address a range of issues including COVID-19 responses, housing initiatives, and budget approvals. Key actions included approving settlements for several lawsuits, expanding vote-by-mail for the upcoming election, and extending tenant protections for SRO residents impacted by the pandemic. The Board also approved agreements related to airport rental car operations, homebridge inc, and city property exchange.. Additionally, the board discussed real property transfer tax delinquency, heard public comments on various issues, and laid the groundwork for a future recessed meeting on June 4, 2020.

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Consent Agenda

Approval of settlement for Henry McKenzie's employment dispute lawsuit.

The Board approved an ordinance authorizing the settlement of a lawsuit filed by Henry McKenzie against the City and County of San Francisco for $400,000. The lawsuit, filed in the United States District Court Northern District of California, involved an employment dispute.

Consent Agenda

Authorization of settlement for lawsuit with rental car companies over prevailing wage requirements.

The Board approved an ordinance authorizing the settlement of a lawsuit filed by The Hertz Corporation, Enterprise Rent-A-Car Co. of San Francisco LLC, Avis Budget Car Rental, LLC, and Sixt Rent A Car LLC against the City and County of San Francisco for $500,000, with payment only going to Sixt Rent A Car LLC. The lawsuit, filed in San Mateo Superior Court, challenged the City’s application of prevailing wage requirements for City-owned off-street parking lots related to the Rental Car Center at San Francisco International Airport.

Consent Agenda

Amendment to Municipal Elections Code to expand vote-by-mail for the November 3, 2020 election.

The Board approved an ordinance amending the Municipal Elections Code to require the Department of Elections to expand the use of vote-by-mail ballots at the November 3, 2020, Consolidated General Election. The ordinance also mandates reports to the Board regarding planning for that election and the implementation of the Voter’s Choice Act in future San Francisco elections. Supervisors Ronen, Haney, Preston, Walton, Mar, Yee, Fewer, and Safai sponsored the ordinance.

Consent Agenda

Ordering the vacation of a portion of 25th Street to enable continued operation of a Navigation Center for homeless residents.

The Board approved an ordinance ordering the summary vacation of a portion of 25th Street to enable the extended operation of a temporary Navigation Center for homeless residents. The area is bounded by Assessor’s Parcel Block No. 4241, Lot No. 002 to the north, Seawall Lot No. 355 to the south, Michigan Street to the west, and Seawall Lot No. 356 to the east. The ordinance affirmed the Planning Department’s determination under the California Environmental Quality Act and adopted findings that the actions are consistent with the General Plan and Planning Code Section 101.1. Supervisors Mayor and Walton sponsored the ordinance.

Consent Agenda

Amendment to the Administrative Code to prohibit evictions of SRO residents for non-payment of rent due to COVID-19.

The Board approved an ordinance amending the Administrative Code to prohibit landlords of residential hotel units (SROs) from evicting tenants for non-payment of rent due to the COVID-19 pandemic and from imposing late fees or penalties. The ordinance also established a COVID-19 SRO Relief Fund to cover such rent payments and made findings as required by the California Tenant Protection Act of 2019. Supervisors Peskin, Safai, Fewer, Walton, and Yee sponsored the ordinance.

Unfinished Business

Approval of lease agreement with Avis Budget Car Rental, LLC for on-airport rental car operations.

The Board adopted a resolution approving the On-Airport Rental Car Operations Lease No. 18-0343 between Avis Budget Car Rental, LLC, and the City and County of San Francisco, acting through its Airport Commission. The lease is for a term of five years with two two-year options to extend, and a minimum annual guarantee of $11,076,378 for the first year.

Unfinished Business

Approval of lease agreement with Enterprise Rent-A-Car Co of San Francisco, LLC for on-airport rental car operations.

The Board adopted a resolution approving the On-Airport Rental Car Operations Lease No. 18-0342 between Enterprise Rent-A-Car Co of San Francisco, LLC, and the City and County of San Francisco, acting through its Airport Commission. The lease is for a term of five years with two two-year options to extend, and a minimum annual guarantee of $16,087,548 for the first year.

Unfinished Business

Approval of lease agreement with The Hertz Corporation for on-airport rental car operations.

The Board adopted a resolution approving the On-Airport Rental Car Operations Lease No. 18-0341 between The Hertz Corporation and the City and County of San Francisco, acting through its Airport Commission. The lease is for a term of five years with two two-year options to extend, and a minimum annual guarantee of $16,501,462 for the first year.

Unfinished Business

Approval of lease agreement with Sixt Rent a Car, LLC for on-airport rental car operations.

The Board adopted a resolution approving the On-Airport Rental Car Operations Lease No. 18-0344 between Sixt Rent a Car, LLC, and the City and County of San Francisco, acting through its Airport Commission. The lease is for a term of five years with two two-year options to extend, and a minimum annual guarantee of $3,501,004.32 for the first year.

New Business

Authorization of a grant agreement with Homebridge, Inc. for in-home supportive services.

The Board adopted a resolution authorizing the Executive Director of the Human Services Agency to execute a Grant Agreement between the City and County of San Francisco and Homebridge, Inc. for the provision of contract mode in-home supportive services for the period of July 1, 2020, to June 30, 2025, in an amount not-to-exceed $142,265,270.

New Business

Approval of an updated Conditional Property Exchange Agreement with EQX JACKSON SQ HOLDCO LLC.

The Board adopted a resolution approving an updated Conditional Property Exchange Agreement (CPEA) with EQX JACKSON SQ HOLDCO LLC for a proposed future transfer of City real property at 530 Sansome Street in exchange for a portion of the real property at 425-439 Washington Street, subject to several conditions, as defined herein. The Board found that the CPEA is a conditional land acquisition agreement under California Environmental Quality Act Guidelines, Section 15004(b)(2)(A), and subject to the City’s discretionary approval after the completion of environmental review. Supervisors Mayor and Peskin sponsored the agreement.

New Business

Authorization for the execution and delivery of a multifamily housing revenue note for Mission Bay South Block 9.

The Board adopted a resolution authorizing the execution and delivery of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $49,132,841 for the purpose of providing financing for the construction of a 141-unit multifamily rental housing project known as “Mission Bay South Block 9”.

New Business

Authorization for the execution and delivery of a multifamily housing revenue note for Frederick Douglas Haynes Apartments.

The Board adopted a resolution authorizing the execution and delivery of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $67,760,000 for the purpose of providing financing for the acquisition and rehabilitation of a 104-unit multifamily rental housing project located at 1049 Golden Gate Avenue, known as the “Frederick Douglas Haynes Apartments”.

New Business

Authorization for the Department of Public Health to accept and expend a grant for Hepatitis C Virus (HCV) Prevention and Control Activities.

The Board adopted a resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $190,406 from the California Department of Public Health to participate in a program, entitled “Hepatitis C Virus (HCV) Prevention and Control Activities,” for the period of December 1, 2019, to June 30, 2020.

New Business

Authorization for an agreement between the City and Zones, LLC. for Microsoft Cloud Software and Enterprise Products.

The Board adopted a resolution retroactively authorizing the Department of Technology and the Office of Contract Administration to enter an agreement between the City and County of San Francisco and Zones, LLC., for Microsoft Cloud Software and Enterprise Products, for a 39-month term from June 1, 2020, through August 31, 2023, in an amount not to exceed $40,000,000. Supervisor Fewer sponsored the resolution.

New Business

Authorization for the Mayor to apply for, accept, and expend the City’s FY2020-2021 HOPWA Program entitlement.

The Board adopted a resolution approving the FY2020-2021 Housing Opportunities for Persons with AIDS (HOPWA) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 HOPWA Program entitlement from the United States Department of Housing and Urban Development in the amount of $7,067,229 and to expend program income and reprogrammed funds in the amount of $3,200,000 for a combined total of $10,267,229 for the period of July 1, 2020, through June 30, 2025. Supervisors Mayor and Mandelman sponsored the resolution.

New Business

Authorization for the Mayor to apply for, accept, and expend the City’s FY2020-2021 Emergency Solutions Grants (ESG) Program entitlement.

The Board adopted a resolution approving the FY2020-2021 Emergency Solutions Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 ESG Program entitlement from the United States Department of Housing and Urban Development, in the amount of $1,595,423 for an unspecified period starting July 1, 2020. Supervisor Mayor sponsored the resolution.

New Business

Authorization for the Mayor to apply for, accept, and expend the City’s FY2020-2021 HOME Investment Partnership (HOME) Program entitlement.

The Board adopted a resolution approving the FY2020-2021 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 HOME Program entitlement from the United States Department of Housing and Urban Development in the amount of $5,403,449 and to expend program income in the amount of $2,400,748 for a combined total of $7,804,197 for the period of July 1, 2020, through June 30, 2025.

New Business

Authorization for the Mayor to apply for, accept, and expend the City’s FY2020-2021 Community Development Block Grant (CDBG) Program entitlement.

The Board adopted a resolution approving the FY2020-2021 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2020-2021 CDBG Program entitlement from the United States Department of Housing and Urban Development in the amount of $18,653,085 and to expend program income and reprogrammed funds in the amount of $6,996,805 for a combined total of approximately $25,649,890 for a period beginning July 1, 2020, through the date when all funds are expended.

Hearing

Hearing to consider objections to a report of delinquent real property transfer tax for 364 Bush Street.

The Board convened as a Committee of the Whole to hold a hearing to consider objections to a report of delinquent real property transfer tax under Business and Tax Regulations Code, Section 1115.1(c), for Assessor’s Parcel Block No. 0269, Lot No. 004 (364 Bush Street). Douglas Legg from the Office of the Assessor-Recorder provided an overview of the report. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Kevin Rose, who experienced technical difficulties during the scheduled hearing, was later given an opportunity to provide public comment during general Public Comment.

Public Testimony

Public testimony was given on a number of topics.

During the public comment period, Francisco Da Costa expressed concerns regarding the Sunshine Ordinance Task Force, Ethics Commission, and Police Commission. Kevin Rose expressed concerns regarding the Resolution confirming the report of delinquent real property taxes. Peter Warfield shared information with the Board on the equity for older students and expressed concerns regarding City College’s lease for the Fort Mason campus. One commenter, Adam, expressed concern regarding the City’s overall response to police reform and the need to implement oversight.

Legislation Introduced

Administrative Code - Floodplain Management and Flood Insurance Requirements.

Ordinance amending the Administrative Code to update the City’s floodplain management requirements to conform to current Federal floodplain management and National Flood Insurance Program criteria.

Legislation Introduced

Settlement of Lawsuit - Margaret Hardgrave - $75,000.

Ordinance authorizing settlement of the lawsuit filed by Margaret Hardgrave against the City and County of San Francisco for $75,000; the lawsuit was filed on November 14, 2018, in San Francisco Superior, Case No. CGC-18-571308; entitled Margaret Hardgrave v. Ramallah Club, Incorporated, et al.; the lawsuit involves alleged personal injury on a City sidewalk.

Legislation Introduced

Settlement of Lawsuit - Square, Inc. - $7,017,894.75.

Ordinance authorizing partial settlement of the lawsuit filed by Square, Inc. against the City and County of San Francisco for $7,017,894.75; the lawsuit was filed on September 6, 2019, in San Francisco County Superior Court, Case No. CGC-19-579061; entitled Square, Inc. v. City and County of San Francisco et al.; the lawsuit involves a claim for a refund of gross receipts taxes paid to the City and County of San Francisco; other material terms of the settlement are: (1) the partial resolution of all claims for refund of gross receipts taxes, payroll expense taxes, and business registration fees filed by Square, Inc. and its related entities for tax years 2016 through 2018 and registration years ending June 30, 2016, through June 30, 2020; and (2) the agreement that Square, Inc. and its related entities shall take certain filing positions with respect to its gross receipts taxes, homelessness gross receipts taxes, payroll expense taxes, and business registration fees for tax years 2019 and subsequent years and registration years ending June 30, 2021, and subsequent years.

Legislation Introduced

Settlement of Lawsuit - Plaintiffs Nicolas Adelman, et al. - $2,100,000.

Ordinance authorizing settlement of three consolidated lawsuits filed by the plaintiffs Nicolas Adelman a.k.a. Nicholas Addleman; Patrick Alba-Crocker; Michael Alexis; Jesse Ali; Akai Allen Sr.; Dontae Allen; Jaun-Carlos Alvarez; Andre Alverty; Lawrence Anderson; David Archer; Jamar Babers; Christopher Bailey; Ryan Baker; Tyrell Baldwin; De’lon Barker a.k.a. Delon Barker; Joseph Barnett; Khalid Barrow; Jason Edward Bell; Harry Benton; Deshawn Blake; Edward Blanche III; Tommy Boggs; Michael Boyle; Elijah Brandon; Michael Brown, individually and on behalf of the class; Richard Terron Brown; Ty-Rell Brown a.k.a. Tyrell Brown; Matthew Brugman, individually and on behalf of the class; Silas Omari Bryant; Darrell Buckins; Don Jaun Burrell; Cory Butler; Armando Carlos; Vernon Carmichael; Roman Carrasco; Anthony Carrion; Jose Fernandez Catala; Michael Cavness; Jesse Chamberland a.k.a. Jesse James Chamberlin; Teryll Chaplin; Ben Chase; Deshun Jamal Cobia-Augman a.k.a. Deshawn Cobia-Augman; Darious Cole; Leonard Colvin; Louis Conceicao; Justin Cooper a.k.a. Justin Cooper or Justin L Cooper; Crazy Bull a.k.a. Teo CrazyBull; Danty Curry a.k.a. Dante Curry; Temu Curry; Andre Dangerfield; Mark Dascenzo; James Davenport; Mark Dennis; Antoine DeWhitt; Ralph Dominguez a.k.a Roger Dominguez, individually and on behalf of the class; LaCarl Dow; Jihad Earl; Peter Elisary; Justin Eliot a.k.a. Justin Elliot; Reginald Elmore; Alejandro Estevez; Lee Farley; Ray Farr; Esau Ferdinand; Walter Ferretti; Travis Fields; Arthur D. Finch; James Flanagan; William Flubacher; Paul Frazier; Mathew Fredrickson; Dana Gains a.k.a. Dana Gaines; Delonzo Gallon; Edilberto Garcia a.k.a. Ediberto Garcia; Rene Garcia; Lance Gardner; Robert Gibson; Antonio Gilton; Barry Gilton; Clayton Gonzalez; Adrian Gordon; Korey Gray; Fred Green; Bryon Gross; Donell Guidry; Tyshaun Guillory; Michael Haga; Craig Hall; Henry Hall; Christopher Hardee; Monzell Harding; La Vondre Harper; Marshall Harris; Shelly Hart; Charles Heard; Nigel Henry, individually and on behalf of the class; Victor Hernandez; Phillip Hill Jr. a.k.a. Phillip Hill; Raman Hill a.k.a. Raymon Hill; Rashaad Hill; Adrian Holden; Douglass Hughes; Derrick Hunter; James R Isham a.k.a. James Isham; Kevin Jackson; Marcel Jackson; Judd Janice; Russell Jefferson; Fabian Johnson; Joseph Johnson; Damion Jones a.k.a. Damien Jones; Jarel Jones; Lavon Jones; Travis Jones; Samuel Jordan; Melvin Junior; Adrian K. Williams a.k.a. Adrian Williams; Thomas Kaina Jr. a.k.a. Thomas Kaina; Paul Keglar; Pierre Kittress-Leaks a.k.a. Pierre Kittrell-Leaks; Christopher Kjelson; Billy Ladd; Ronald Latney III a.k.a. Ronald Latney; Antoine Lax; Kem LeBlanc; Milton LeClaire, individually and on behalf of the class; Devante Lindsey; Fernando Madrigal; Alexis Mencia a.k.a. Alexis Mancia; Rudy Martinez; Homer Matthews a.k.a. Homer Mathews; Samaje McClure; Winston McDonald; Thomas McKay; Richard McNeil; Anthony Medina; Hiubert Mendoza; Richard Merrill; Joseph Meyers a.k.a. Joseph Meyer; Lamonte Mims; Frank Mozeke; John Norman; Dejiah Northcut; Michael O’Brian; Michael Onate; Sedredt D. Parmer; Maurice Perry; Shawn Pettway; Joshua Pittman; Jose Poot, individually and on behalf of the class; Shaka Pope; Rashad Preston; Junior Pulou a.k.a. Pulou Junior Pulou; Ricky Quarels; Deandre Quinnine; Matthew Rabbitt; Joseph Ramirez; Marcus Ransburg; Gerald Reader; Sedric Reynolds; Derell Richards; Troy Richardson; Derrium Riggins; Carey Paul Robertson; Damon Robinson; Sean Robinson; David Henry Rodriguez; Neville Roebuck; Travis Rosette; Joseph Rowe; Alfredo Ruiz, individually and on behalf of the class; Jacques Samuel a.k.a Samuel Jacques; Miguel Sanchez; Jonathan Santos; Kenneth Scarborough; Larry Raymond Scarbrough; Vincent Scott; Leonard Seeley; Marvin Sexten; Dewayne Shelton; Jullian Shoats; Kareem Simms; Anthony Sims; Michael Smith; Roland Smith; Ruben Soto, individually and on behalf of the class; Saer Sow; Marvin Spencer; Robert Steinmiller; Bryan Stevens; Eugene Stevens; Antonio Stewart; Walter Stokes III a.k.a. Walter Stokes; Darnell Sullivan; Dion Taylor a.k.a. Dionn Taylor, individually and on behalf of the class; Dontae Taylor; Bernard Thomas Jr. a.k.a. Bernard Thomas; Craig Thomas; Isaiah Thompson-Bolden; Keil Thurmon; Nicholas Tiller; Geoffrey Tobias; Terrance Turner; Greg Valentine; Jesse Ray Vaughn; Robert Vella; Louise Villareal; Cameron Vincent; Charles Walker; Frank Wallace; MC Ward; Antoine Washington; Terrence Watkins; Henry White; Eddie Whitfield; Alfonzo Williams; Morzell Willis; Lewis Wingfield; Derick Woods a.k.a. Dereik D Woods a.k.a Derrick Woods; Candido Zayas, individually and on behalf of the class; Dylan Zirpoli; against the City and County of San Francisco for $2,100,000; the lawsuits were filed on August 10, 2018, August 12, 2018, and October 6, 2018, in the United States District Court for the Northern District of California, Case Nos. 18-cv-04890 JCS, 18-cv-06155 JCS and 18-cv-4857 JCS; entitled Johnson, et al. v. City and County of San Francisco, et al., Zayas, et al. v. City and County of San Francisco, et al., and Taylor v. City and County of San Francisco, et al.; the lawsuits involve claims that between January 1, 2017, and September 30, 2018, frequent toilet overflows in County Jail 4 created unconstitutional conditions of confinement for the inmates; other material terms of the settlement are that the court approve the settlement.

Legislation Introduced

Settlement of Unlitigated Claim - Bundox Restaurant Corporation - $0.

Resolution approving the settlement of the unlitigated claim filed by Bundox Restaurant Corporation against the City and County of San Francisco for no refund, the discharge of unpaid unsecured property taxes of $573,848.77, plus statutory interest, and the release of all future unsecured property tax assessments against the Claimant for tax years 2000 through 2016; the claim was filed on September 25, 2019; the claim involves a refund of unsecured property taxes for tax years 2000 through 2016.

Legislation Introduced

Concession Lease Amendment - DFS Group, L.P. - International Terminal Duty Free and Luxury Lease - Suspending Minimum Annual Guarantee.

Resolution approving Amendment No. 1 to the International Terminal Duty Free and Luxury Store Lease No. 17-0303 between DFS Group, L.P. and the City and County of San Francisco, acting by and through its Airport Commission, for the adjustment of Base Rent under the Lease for Lease Year 1 ending on December 31, 2020, to commence following Board approval.

Legislation Introduced

Lease Agreement - Books Inc. - Terminal 2 Bookstore - $220,000 Minimum Annual Guarantee.

Resolution approving Terminal 2 Bookstore Lease No. 20-0049, between Books Inc., as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of ten years, and a minimum annual guarantee of $220,000 for the first year of the Lease, to commence following Board approval.

Legislation Introduced

Real Property Lease - New Cingular Wireless PCS, LLC - 260 Golden Gate Avenue - $92,352 Annual Initial Base Rent.

Resolution authorizing and approving the lease of telecommunications facilities on a portion of the roof at 260 Golden Gate Avenue with New Cingular Wireless PCS, LLC, for a ten-year term at an initial annual rent of $92,352 or the monthly base rent of $7,696 with 4% annual adjustments thereafter, and two five-year options to extend, with tenant responsible for all services and utilities, to commence upon execution after approval by the Board of Supervisors and Mayor, in their respective sole and absolution discretion.

Legislation Introduced

Agreement - San Francisco Community Health Authority - Third Party Administrator Services - Healthy San Francisco Program - Not to Exceed $35,308,339.

Resolution approving an agreement between the San Francisco Community Health Authority and the Department of Public Health for Third Party Administrator services for the Healthy San Francisco program for a total amount not to exceed $35,308,339 for a term of five years from July 1, 2020, through June 30, 2025.

Legislation Introduced

Agreement - San Francisco Community Health Authority - Fiscal Administration of Private Provider Services - Healthy San Francisco Program - Not to Exceed $24,908,092.

Resolution approving an agreement between the San Francisco Community Health Authority and the Department of Public Health for fiscal administration of Private Provider services for the Healthy San Francisco program for a total amount not to exceed $24,908,092 for a term of five years, from July 1, 2020, through June 30, 2025.

Legislation Introduced

Agreement - San Francisco Community Health Authority - Third Party Administrator Services - San Francisco City Option Program - Not to Exceed $49,054,357.

Resolution approving an agreement between the San Francisco Community Health Authority and the Department of Public Health for Third Party Administrator Services for the San Francisco City Option program for a total amount not to exceed $49,054,357 for a term of five years, from July 1, 2020, through June 30, 2025.