Imperium

Angela Calvillo, Clerk of the Board, explained that Board Members would participate remotely via videoconference due to the COVID-19 health emergency. She detailed how the public could provide live comments by dialing a telephone number and using the *3 prompt to join the queue, emphasizing the need for a quiet location and clear speaking. She also outlined how written comments could be submitted via email or the US Postal Service. The Clerk also noted that an ADA request for accommodations was received to allow a member of the public to provide public comment at the beginning of the meeting. President Yee approved allowing the member of the public to deliver their public comment out of order.

Zach Karnazes expressed concerns regarding the challenges experienced by disabled individuals who wish to participate in public comment or engage with various City services, and provided suggestions on how these challenges could be addressed.

President Yee inquired whether any Member of the Board had any corrections to the May 19, 2020, Regular Board Meeting Minutes, as presented. There were no corrections requested from any Member of the Board. Supervisor Ronen, seconded by Supervisor Mandelman, moved to approve the May 19, 2020, Regular Board Meeting Minutes, as presented. The motion carried by the following vote, following general public comment: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and passed 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, 2020. FINALLY PASSED.

The Board reviewed and passed an ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and the Teamsters, Local 856 (Multi-Unit) to provide an appropriate differential over subordinate classifications and one-time payment to employees in classification 2496 Imaging Supervisor. FINALLY PASSED.

The Board reviewed and passed an ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and the Supervising Probation Officers to include a firearms instructor premium and provide a one-time payment to employees eligible for the premium. FINALLY PASSED.

The Board reviewed and passed an ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021 (Miscellaneous) to update the night shift differential provisions to include additional classifications and provide a one-time payment to employees in specified classifications. FINALLY PASSED.

The Board reviewed and passed an ordinance amending the Health Code to authorize overdose prevention programs (OPPs) by, among other things: requiring OPPs to obtain a permit from the Department of Public Health, establishing operating standards for OPPs; authorizing the imposition of fines and penalties for violation of local and state laws governing OPPs and establishing a process by which OPPs may appeal a fine or permit penalty; making it a City policy to deprioritize enforcement of laws prohibiting the possession of illegal drugs against individuals who have accepted referral to an OPP; amending the Business and Tax Regulations Code regarding appeals of certain OPP permit decisions; and affirming the Planning Department’s determination under the California Environmental Quality Act. FINALLY PASSED.

The Board reviewed and adopted a resolution retroactively authorizing the Department of Public Health to accept and expend a monetary gift in the amount of $105,000 from the EPIC Charitable Fund to help low income and at-risk populations, for the period of February 28, 2020, through February 27, 2021. (Public Health Department) ADOPTED by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Preston, Ronen, Safai, Stefani, Walton, Yee Noes: 1 - Peskin

The Board reviewed and passed the Proposed Interim Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of June 1, 2020, for the FYs ending June 30, 2021, and June 30, 2022. (Fiscal Impact) Ordinance No. 095-20 FINALLY PASSED by the following vote: Ayes: 6 - Fewer, Mandelman, Mar, Peskin, Stefani, Yee Noes: 5 - Haney, Preston, Ronen, Safai, Walton

The Board reviewed and passed the Proposed Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2021, and June 30, 2022, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations. (Fiscal Impact) Ordinance No. 096-20 FINALLY PASSED by the following vote: Ayes: 6 - Fewer, Mandelman, Mar, Peskin, Stefani, Yee Noes: 5 - Haney, Preston, Ronen, Safai, Walton

The Board reviewed and ordered submitted a Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to authorize youths aged 16 and 17 to vote in municipal elections; at an election to be held on November 3, 2020. ORDERED SUBMITTED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and passed on first reading an ordinance amending the Business and Tax Regulations Code to permit the City Attorney, with the consent of the County Recorder, to allow or settle real property transfer tax claims for refund and lawsuits in excess of $25,000 for any amount up to the amount of transfer tax, penalties, and interest paid that exceeds the amount of transfer tax, penalties, and interest that would have been due on the transaction if the amount due had been calculated using the value of the real property as finally determined by the Assessment Appeals Board. PASSED ON FIRST READING by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and passed on first reading an ordinance approving an Easement Deed and Agreement between the City and County of San Francisco and Millennium Tower Association, for certain surface and subsurface rights in a portion of the sidewalk on the southern side of Mission Street at the intersection of Mission and Fremont Streets and on the eastern side of Fremont Street at the same intersection, for $0 to allow a structural upgrade of the 301 Mission Street high-rise building known as Millennium Tower, contingent on a number of events, including court approval of a class action settlement of the Millennium Tower Litigation; waiving requirements of Administrative Code, Chapter 23; authorizing the Director of Property to execute real estate documents, make certain modifications, and take actions in furtherance of this Ordinance, as defined herein; adopting environmental findings under the California Environmental Quality Act; and adopting findings that the easement is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (City Attorney) PASSED ON FIRST READING by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed an Emergency ordinance to delegate Board of Supervisors approval authority under Charter, Section 9.118, and Administrative Code, Section 23.30, to the Mayor’s Office of Housing and Community Development (MOHCD) and the Real Estate Division, respectively, to amend certain existing leases regarding residual rent payments by providers of 100% affordable housing projects, in response to the public health emergency related to COVID-19; and to authorize the Director of MOHCD to amend certain existing loan agreements and policies without review by the Citywide Affordable Housing Loan Committee under Administrative Code, Chapter 120. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Walton, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and adopted a Resolution designating San Francisco Print Media Co. (dba The San Francisco Examiner) to be the official newspaper of the City and County of San Francisco for all official advertising for FY2020-2021. (Office of Contract Administration) ADOPTED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and adopted a Resolution authorizing the Office of Cannabis to accept and expend a grant from the Governor’s Office of Business and Economic Development Local Equity Grant Funding program in the amount of $4,995,000 for the period of July 1, 2020, through June 30, 2021; authorizing the Office of the City Administrator to execute the agreement with the Governor’s Office of Economic and Business Development, and any extensions, amendments, or contracts subsequent thereto on behalf of the City and County of San Francisco; and indemnifying the Governor’s Office of Business and Economic Development for liability arising out of the performance of this contract. ADOPTED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and adopted a Resolution retroactively authorizing the Office of the City Administrator to accept and expend Hazard Mitigation Grant Program funds in the amount of $294,431 from the Federal Emergency Management Agency through the California Office of Emergency Services to support evaluation of city-owned older concrete buildings for the project period from February 5, 2020, through June 7, 2021. ADOPTED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and adopted a Resolution approving a building Lease Agreement and Sublease Agreement each by and between the City and 833 Bryant, L.P., a California limited partnership as the developer and housing provider (“Housing Provider”) to provide permanent supportive housing units for chronically homeless households in San Francisco (as referred through the City’s Coordinated Entry System) through the lease and concurrent sublease of a building consisting of 145 units, one manager’s unit, approximately 650 square feet of commercial space, and ancillary program space located at 833 Bryant Street, for an initial 30-year term, with an extension of up to ten years in the event of the occurrence of certain rent abatement events, subject to and will commence after Housing Provider’s satisfaction in the event of the occurrence of certain conditions described below, securing a temporary certificate of occupancy from the San Francisco Department of Building Inspection, anticipated in August 2021, at a not to exceed rent of $2,014,800 annually; authorizing the execution of a Continuing Disclosure Certificate with respect to any bonds issued by the Housing Provider; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Fiscal Impact) ADOPTED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and adopted a series of resolutions for CARES Act funding. These included the Community Development Block Grant Coronavirus (CDBG-CV) Program for $10,972,734, the Emergency Solutions Grants Coronavirus (ESG-CV) Program for $5,501,459, the Housing Opportunities for Persons with AIDS Competitive Coronavirus (HOPWA Competitive-CV) for $159,460, and the Housing Opportunities for Persons with AIDS Coronavirus (HOPWA-CV) Program for $1,028,483. Supervisor Safai requested to be added as co-sponsor. Each resolution authorized the Mayor to apply for, accept, and expend the funds. ADOPTED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and adopted a resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $2,000,000 from the California Department of Public Health for participation in a program, entitled “Funding for International Acquired Immunodeficiency Syndrome Society for the 23rd Biennial International Acquired Immunodeficiency Syndrome Conference,” for the period of July 1, 2019, to June 30, 2022. ADOPTED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board discussed a Resolution urging the Department of Public Health to work with the Office of the Chief Medical Examiner to conduct epidemiological post-mortem COVID-19 testing and contact tracing of deceased San Francisco residents and urging the Office of the Chief Medical Examiner to conduct surveillance swabbing of all decedents to properly identify and certify deaths from the COVID-19 virus and monitor community spread. Supervisor Preston requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be TABLED. The motion carried by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board reviewed and passed on first reading an Ordinance amending the Administrative Code to include as a mandatory element in the definition of the term “Responsible” substantiation of a record of safe performance on construction projects by the bidder or proposer on a Public Works or Improvement project, and to expressly require construction contract awards for all specific project-delivery methods be made only to Responsible construction contractors. (City Administrator) PASSED ON FIRST READING by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

The Board held a hearing regarding an appeal of a Conditional Use Authorization for a proposed project at 1420 Taraval Street. The project involves demolishing a 2,176 square foot, three-store single-family residence, and construct a new approximately 6,219 square foot, four-story, 45-foot tall, mixed-use building with three dwelling units and approximately 1,731 square feet of ground floor commercial within the Taraval Street Neighborhood Commercial (NCD) Zoning District and a 65-A Height and Bulk District. (District 4) (Appellant: Eileen Boken, on behalf of the Sunset-Parkside Education and Action Committee) (Filed March 2, 2020) (Clerk of the Board). Eileen Boken (Appellant) provided an overview of the appeal, Speaker; Speaker; Woody Lavanski; Speaker; Shavaughn O’Neil; Speaker; Ben Lee; Speaker; spoke in support of the appeal. Aaron Starr (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Justin Zucker and Peter Mandel (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. Christopher Strong; Becky Harrington; Speaker; Olivia Lee; Speaker; Tom Hanks; Seamus Kelly; spoke in support of the project and in opposition to the appeal. Eileen Boken and Evan Rosen (Appellant) provided a rebuttal and further requested the Board to approve the appeal. Stephanie Cisneros (Planning Department) provided additional information and answered questions raised throughout the discussions. There were no other speakers. Ultimately the motion to approve the decision of the Planning Commision approving a conditional use authorization passed 10-1 (Peskin dissenting). A motion to disapprove the authorization was tabled. A motion to prepare findings related to the appeal was also tabled.

The Board re-enacted an emergency ordinance (Ordinance No. 74-20) to temporarily require grocery store, drug store, restaurant, and on-demand delivery service employers to provide health and scheduling protections to employees during the public health emergency related to COVID-19. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Supervisor Safai requested to be added as a co-sponsor. FINALLY PASSED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee.

Members of the public shared various concerns, including: memories of the late Harry Britt, treatment of the disenfranchised and the need for police reform, public libraries and the essential services they provide, the exploitation of animals, the need to expand public transportation services, the exploitation of animals and support of the Good Food Purchasing Program, support of the Resolution urging state lawmakers to explore new revenue options to ensure funding for safety net programs (File No. 200680), discouraging plant-based food policies, and support of the Resolution urging state lawmakers to explore new revenue options to ensure funding for safety net programs (File No. 200680).

The Board adopted a Resolution to declare war on racism from the City and County of San Francisco. Supervisors Preston and Mandelman requested to be added as co-sponsors. ADOPTED.

The Board approved concurrence in actions taken by the Mayor in the Nineteenth Supplement to the Proclamation of Emergency, released on June 13, 2020, to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic. APPROVED. The Board also concurred in actions taken by the Mayor in the Twentieth Supplement to the Proclamation of Emergency, released on June 19, 2020, to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic. APPROVED.

The Board approved phased Final Map No. 9856 relating to portions of Yerba Buena Island, the merger of Lot 21 and Lot 23 (portion) of Final Transfer Map No. 8674, the merger of Lots STT-L1 and STT-F1 of Record of Survey No. 10106, and the resubdivision of Lots F and L of Final Map No. 9228; resulting in up to 189 residential condominium units, open space and public right-of-way, subject to specified conditions; and acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) APPROVED.

The Board adopted a Resolution urging members of our State Assembly and Governor to explore new revenue generating options, including a millionaire tax to ensure safety net programs are not cut at the state level due to an unanticipated $54.3 billion-dollar deficit as a result of the COVID-19 pandemic. Supervisors Walton, Haney, Peskin, Mar, Fewer, Yee, and Mandelman requested to be added as co-sponsors. ADOPTED.

The Board adopted a Resolution supporting California State Assembly Bill No. 1436, authored by Assembly Member David Chiu, and co-authored by Assembly Members Rob Bonta, Lorena Gonzalez, Miguel Santiago, and Buffy Wicks, to protect tenants from rental payment default during the COVID-19 State of Emergency. Supervisors Mandelman and Fewer requested to be added as co-sponsors. ADOPTED.

The Board adopted a Resolution declaring July 1, 2020, Alex Long Day in the City and County of San Francisco. Supervisor Fewer requested to be added as a co-sponsor. ADOPTED.

The following items were introduced for consideration and assigned to committees: a zoning map amendment for 118-134 Kissling Street, settlements of lawsuits filed by David Timothy Rudolf, Jonathan Garcia Valle, Anthony Economus, and Oliver Barcenas and Sofia Barcenas, and settlements of unlitigated claims filed by Chez Maman West and Francisco Rivero.

Resolutions introduced include: an airport professional services agreement modification with Vanderlande Industries Inc, a resolution modifying an Airport Agreement with Hallmark Aviation Services, a Three-Year Program and Expenditure Plan for the Mental Health Services Act, and a contract amendment for the Central Subway Design Group.