The San Francisco Board of Supervisors met on December 1, 2020, addressing a variety of issues related to COVID-19 relief, housing, settlements, and city operations. Key actions included final passage of ordinances related to union MOUs, commercial tenant evictions, and tentative agreements with the Police Officers Association. The Board also approved several contract amendments for COVID-19 testing and the Great Plates Delivered program. New legislation was introduced addressing fee and tax relief for businesses, early education economic recovery, and limits to moving people out of shelter-in-place hotel rooms. A hearing was held regarding an environmental exemption for a project at 617 Sanchez Street, ultimately affirming the exemption, and the hearing on the Shelter-in-Place Rehousing and Site Demobilization Plan was referred to the Budget and Finance Committee. Public comment was heard on issues ranging from homelessness to transparency in city government.
Remarks
Explanation of remote meeting participation due to COVID-19.
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 provided telephone number and dialing *3 to be added to the queue or submit written comments via email or U.S. Postal Service.
Remarks
Public comment accommodations for a member of the public with disabilities.
Clerk Calvillo informed the Board 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 requested the member of the public be provided the opportunity to deliver their public comment out of order.
Public Testimony
Public comment on homelessness, access to meeting information, and mayoral text messages.
Zach Karnazes expressed concerns regarding the treatment of homeless individuals during the pandemic, lack of access to meeting participation information, and Mayoral text messages that were released to the public regarding the City’s response to drug overdoses.
Consent Agenda
Approval of the October 20, 2020, and October 27, 2020, Regular Board Meeting Minutes.
The Board approved the October 20, 2020, and October 27, 2020, Regular Board Meeting Minutes, as presented, after a motion by Supervisor Mandelman and seconded by Supervisor Fewer. There were no corrections requested from any Member of the Board.
Consent Agenda
Final passage of ordinances related to Memoranda of Understanding with various unions and associations.
The Board gave final passage to several ordinances adopting and implementing amendments to Memoranda of Understanding (MOUs) with San Francisco Fire Fighters Local 798 (Units 1 and 2), the Municipal Executives Association (MEA) and MEA-Fire and MEA-Police, and Service Employees International Union, Local 1021 (Miscellaneous) and Staff & Per Diem Nurses. These MOUs deferred wage increases, extended contract terms, and updated grievance or work study provisions. Also, An Ordinance (253-20) fixed the compensation for persons employed by the City.
Consent Agenda
First reading of ordinances authorizing settlements in various lawsuits.
The board gave the first reading of several ordinances authorizing settlements for lawsuits against the City and County of San Francisco, including cases involving Penny Mims ($50,000 - employment dispute), Jeffrey Juarez ($45,000 - employment dispute), Taulib Ikharo ($75,000 - civil rights violations), Jeffrey McElroy ($30,000 - alleged illegal search and use of excessive force), Svetlana Hovhannisyan ($120,000 - alleged personal injury based on medical negligence and elder abuse), Rudy Perez Mejia ($150,000 - alleged personal injury from a vehicle accident), and Richard Denton ($400,000 - employment dispute).
Consent Agenda
Adoption of resolutions approving settlements of unlitigated claims.
The Board adopted resolutions approving the settlement of unlitigated claims filed by James Neidel ($67,917 - property damage from sewer overflow) and Flint Paul ($150,000 - employment dispute).
Consent Agenda
Final passage of an ordinance restricting eviction of commercial tenants due to COVID-19.
The Board gave final passage to an ordinance amending the Administrative Code to temporarily restrict landlords from evicting commercial tenants for non-payment of rent due to the COVID-19 pandemic and allowing certain tenants to terminate their leases.
Consent Agenda
Amendment and first reading of an ordinance regarding selection of contractors for Public Works projects.
Supervisor Stefani requested that File No. 200787 be severed so that it may be considered separately. The Board amended and gave the first reading to an ordinance amending the Administrative Code to require notification to prequalified contractors and written documentation of contractor selection from pre-qualified lists, and written documentation of contractor selection for work assigned under as-needed Public Works professional services contracts; and to require the Controller to audit such selection documentation. An amendment was made to replace 'December 1, 2020' with 'the effective date' for clarity.
Unfinished Business
Final passage of an ordinance adopting a tentative agreement with the Police Officers Association.
The Board gave final passage to an ordinance adopting and implementing the tentative agreement between the City and the San Francisco Police Officers Association (POA), including amendments to the Memorandum of Understanding (MOU) and settlement of two grievances for $359,613.87. Supervisors Preston and Ronen voted against.
New Business
First reading of an ordinance requiring a housing inventory with the Rent Board.
The Board gave the first reading to an ordinance amending the Administrative Code to require owners of residential dwelling units to report certain information to the Rent Board, authorize the Rent Board to issue licenses to owners who report the information, and require that an owner have a license to impose certain types of rent increases.
New Business
Adoption of a resolution authorizing application for Ryan White Act HIV/AIDS Emergency Relief Grant Program funding.
The Board adopted a resolution retroactively authorizing the Department of Public Health to submit an application to continue receiving funding for the Ryan White Act HIV/AIDS Emergency Relief Grant Program and requesting $15,739,566 for the period of March 1, 2021, through February 28, 2022.
New Business
Re-referral of a resolution regarding an agreement amendment with AT&T Corporation to the Budget and Finance Committee.
The Board re-referred a resolution authorizing the Department of Technology to enter into the Fifth Amendment of an Agreement with AT&T Corporation, extending the term and increasing the amount to $140,695,756, to the Budget and Finance Committee. Hao Xie and Ben Rosenfield responded to questions.
New Business
Adoption of a resolution approving a contract amendment with Color Genomics, Inc. for COVID-19 testing services.
The Board adopted a resolution approving an amendment to the agreement between Color Genomics, Inc. and the Department of Public Health for COVID-19 testing services, increasing the agreement amount by $74,482,042 for a total not to exceed amount of $84,382,042 and establishing a specific term end date of April 5, 2021.
New Business
Adoption of a resolution retroactively authorizing the acceptance of an in-kind gift of consulting services.
The Board adopted a resolution retroactively authorizing the Department of Technology to accept an in-kind gift of consulting services valued at $427,200 from various providers during Fiscal Year 2019-2020.
New Business
Adoption of a resolution authorizing the acceptance of a gift for the SFO Museum collection.
The Board adopted a resolution authorizing the San Francisco International Airport (SFO) Museum to accept and expend a gift of not to exceed $73,000 from the Zoe Dell Nutter Charitable Remainder Unitrust for the purchase of objects for the SFO Museum collection.
New Business
Divided vote on a resolution designating outreach periodicals for various communities.
The Board divided the vote on a resolution designating outreach periodicals for various communities and neighborhood. The remaining balance of the resolution was adopted designating Small Business Exchange, El Reportero, World Journal SF LLC, Sing Tao Daily, Bay Area Reporter, San Francisco Bay Times, The Potrero View, The Richmond Review, The Sunset Beacon, Noe Valley Voice. The item regarding Jasmine Blue Media LLC (dba Marina Times) was continued to the December 8, 2020, meeting after Supervisor Preston withdrew an amendment to strike all references.
New Business
Continuation of a resolution regarding an agreement with Recology to the Board's meeting on December 8, 2020.
The Board re-referred a resolution approving an Agreement between the City and Sunset Scavenger Company, Golden Gate Disposal & Recycling Company, and Recology San Francisco for refuse services (totaling no more than $62,500,000 from December 1, 2020, through November 30, 2026) to the Budget and Finance Committee. Sailaja Kurella, Rusununguko Made, and Julia Dawson responded to questions.
New Business
Adoption of a resolution retroactively approving a contract amendment with Off the Grid Services LLC for the Great Plates Delivered program.
The Board adopted a resolution retroactively approving a contract amendment between the City and Off the Grid Services LLC for the administration of the Great Plates Delivered program, extending the contract term and increasing the amount to $28,710,000. Rocio Duenas, Esperanza Zapien, and Melissa McGee responded to questions.
New Business
Adoption of a resolution retroactively authorizing the acceptance and expenditure of a grant for COVID-19 Hospital Preparedness Program funding.
The Board adopted a resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $155,647 from the Office of the Assistant Secretary for Preparedness and Response for participation in the “Coronavirus (COVID-19) Hospital Preparedness Program (HPP) Supplemental Funding.”
New Business
Adoption of a resolution authorizing the development of a Public Defender documentary media project.
The Board adopted a resolution authorizing the Public Defender to develop and implement a documentary media project to create short films, photography, and other media documenting the work of the Public Defender’s Office and the experiences of its clients and to enter into an agreement with Even/Odd Films and Compound.
New Business
Continuation of a resolution regarding a Homekey grant for the Granada Hotel to the Board's meeting on December 8, 2020.
The Board continued a resolution authorizing the Department of Homelessness and Supportive Housing (HSH) to execute a revised Standard Agreement for up to $49,000,000 of Homekey grant funds for the acquisition of the Granada Hotel at 1000 Sutter Street for Permanent Supportive Housing and authorizing HSH to commit up to $33,000,000 for project expenses to the December 8, 2020 meeting. Dylan Schneider, Gigi Whitley, Anne Pearson, and Kathleen Mertz responded to questions.
New Business
Adoption of a resolution approving the Early Care and Education for All Initiative’s five-year spending plan.
The Board adopted a resolution approving the Office of Early Care and Education’s five-year spending plan for the Early Care and Education for All Initiative’s “Babies and Families First Fund.”
New Business
Adoption of resolutions receiving and approving annual reports for the Japantown and Yerba Buena Community Benefit Districts.
The Board adopted resolutions receiving and approving annual reports for the Japantown Community Benefit District for Fiscal Year 2018-2019 and for the Yerba Buena Community Benefit District for Fiscal Year 2018-2019. Chris Corgas, Jeremy Spitz, and Noelle Duong responded to questions.
New Business
Adoption of resolutions approving management agreements for the Noe Valley, Castro, and Fisherman’s Wharf Landside Community Benefit Districts.
The Board adopted resolutions approving management agreements with the nonprofit Owners' Associations for administration/management of the Noe Valley Community Benefit District, Castro Community Benefit District, and Fisherman’s Wharf Landside Community Benefit District. Chris Corgas, Jeremy Spitz, and Noelle Duong responded to questions.
New Business
Re-referral of a resolution regarding a Mills Act Historical Property Contract for 450 Pacific Avenue to the Government Audit and Oversight Committee.
The Board re-referred a resolution approving a historical property contract between Pacific Stables Property Owner LLC and the City for 450 Pacific Avenue to the Government Audit and Oversight Committee.
New Business
Adoption of resolutions approving Mills Act Historical Property Contracts for 1315 Waller Street and 59 Potomac Street.
The Board adopted resolutions approving historical property contracts for 1315 Waller Street and 59 Potomac Street.
Unfinished Business
First reading of an amended ordinance prohibiting smoking in multi-unit housing complexes.
The Board gave the first reading to an amended ordinance prohibiting smoking inside all private dwelling units in multi-unit housing complexes containing three or more units and all common areas, exempting cannabis. Supervisor Preston's motion to re-refer the ordinance to the Public Safety and Neighborhood Services Committee failed. The motion to amend the ordinance to exempt the consumption of cannabis passed.
New Business
Approval of mayoral appointments to the Treasure Island Development Authority Board of Directors and Citizens Advisory Board.
The Board approved the Mayor’s reappointment of Mark Dunlop and appointment of Julia Prochnik to the Treasure Island Development Authority Board of Directors and appointed Barklee Unitas-Ali Sanders, Hope Williams, and James Hancock to the Treasure Island Development Authority Citizens Advisory Board. Supervisor Peskin voted against approving Julia Prochnik.
New Business
Approval of mayoral reappointments and appointments to the City Hall Preservation Advisory Commission.
The Board approved the Mayor’s reappointments of Ellen Schumer, Mae Woo, James Haas, and Patrick Carney, and the appointment of Robert Vergara to the City Hall Preservation Advisory Commission.
Hearing
Hearing on appeal of environmental exemption for 617 Sanchez Street project, followed by approval of amended motion affirming exemption and tabling motions for reversal.
The Board held a hearing on the appeal of the Planning Department's determination of exemption from environmental review under the California Environmental Quality Act (CEQA) for the proposed project at 617 Sanchez Street. Joerg Rathenberg and Patrick Buscovich, the Appellants, provided an overview of the appeal and asked the Board to approve the appeal. Elizabeth White and Chris Kern of the Planning Department provided an overview of the decision of the Planning Department and responded to questions. Jody Knight of Reuben, Junius & Rose, LLP, and Allen Gruen, representing the project sponsor, provided an overview of the project and asked the Board to uphold the Planning Department's decision. After hearing public comment, the Board HEARD AND FILED the item. Subsequently, the Board approved an amended motion affirming the Categorical Exemption Determination, and tabled motions for conditionally reversing the determination and preparing findings to reverse it. The amendment added that the project was considered by the planning commission.
Hearing
Continuation to December 8, 2020, of hearing on appeal of environmental exemption for 1776 Green Street project.
The Board continued the hearing to the December 8, 2020 meeting, regarding an appeal of the Planning Department's determination of exemption from environmental review for the proposed Department of Public Health - Local Oversight Program Site No. 12076 Investigation/Remediation project at 1776 Green Street. Motions relating to affirming or reversing the exemption were also continued. Supervisor Stefani indicated that a motion would be made to continue these matters to a future date. There were no speakers on the continuance.
Committee of the Whole, Hearing
Referral of the hearing on the Shelter-in-Place Rehousing and Site Demobilization Plan to the Budget and Finance Committee.
The Board was scheduled to sit as a Committee of the Whole to hold a public hearing on the Shelter-in-Place Rehousing and Site Demobilization Plan. Supervisor Walton made the motion to refer the hearing to the Budget and Finance Committee, with the vote seconded by Supervisor Preston. After an initial vote to approve the referral, Supervisor Peskin made a motion, seconded by Supervisor Fewer, to rescind the previous vote in order to allow for public comment. After the hearing, the Board referred the Shelter-in-Place plan to the Budget and Finance Committee. There were no speakers.
Committee Reports
First reading of ordinances modifying the African American Arts and Cultural District Community Advisory Committee and establishing the African American Reparations Advisory Committee.
The Board gave the first reading to an ordinance amending the Administrative Code to modify the number and qualifications of members of the African American Arts and Cultural District Community Advisory Committee and to extend the sunset date of the Committee and the deadlines for written reports. The Board also gave the first reading to an ordinance establishing the African American Reparations Advisory Committee to advise on the development and implementation of a San Francisco Reparations Plan.
Public Testimony
Public comment on various topics including transportation, landlords, libraries, and transparency.
Members of the public provided comments on various issues, including support for the Slow Streets Program, concerns about neighborhood newspapers, public transportation expansion, unfair landlord practices, reopening of Public Library services, public information requests, multi-lingual access to City meetings, and transparency concerns.
Consent Agenda
Annual performance evaluation process for the Clerk of the Board of Supervisors.
Motion establishing a process for annual evaluation of the performance of the Clerk of the Board of Supervisors.
Legislation Introduced
Introduction of an ordinance providing fee and tax relief for certain businesses.
The Mayor introduced an ordinance waiving certain license fees, business registration fees, and payroll expense taxes for businesses with limited gross receipts holding a place of entertainment or restaurant permit.
Legislation Introduced
Introduction of an ordinance prohibiting retail workspace in Chinatown Mixed-Use Districts.
The Mayor introduced an ordinance amending the Planning Code to prohibit retail workspace in Chinatown Mixed-Use Districts.
Legislation Introduced
Introduction of an ordinance establishing the Early Education Economic Recovery Program.
The Mayor introduced an ordinance amending the Administrative Code to establish the Early Education Economic Recovery Program to provide grants and interest-free loans to early care and education providers to help cover costs associated with the COVID-19 pandemic.
Legislation Introduced
Introduction of an emergency ordinance limiting COVID-19 impacts by not moving homeless individuals from shelter-in-place hotel rooms.
Supervisor Haney introduced an emergency ordinance to prohibit the City from requiring homeless individuals in shelter-in-place hotel rooms to move until FEMA funding ends or they obtain stable housing.
Legislation Introduced
Introduction of an emergency ordinance reenacting grocery store, drug store, restaurant, and on-demand delivery service employee protections.
Supervisor Haney introduced an emergency ordinance reenacting employee protections for grocery stores, drug stores, restaurants, and on-demand delivery services during the COVID-19 public health emergency.
Legislation Introduced
Introduction of an ordinance approving amendments to the Mission Bay South Redevelopment Plan.
Supervisor Haney introduced an ordinance approving amendments to the Mission Bay South Redevelopment Plan to increase the square footage for mixed office, research and development, and light manufacturing uses within the Mission Bay South Redevelopment Plan Area, and specifically to Parcel 7 of Block 43.
Legislation Introduced
Introduction of a resolution authorizing the issuance of judgment obligation bonds related to Proposition C (2018).
The Mayor introduced a resolution authorizing the issuance of judgment obligation bonds to pay the costs of a potential judgment associated with litigation related to Proposition C (2018) (Commercial Rent Tax for Childcare and Early Education).
Legislation Introduced
Reactivation of a resolution regarding variable rate multifamily housing revenue bonds for Transbay Block 8.
A resolution authorizing certain amendments to the Indenture of Trust and the Loan Agreement relating to the City’s variable rate multifamily housing revenue bonds for the purpose of providing financing for the acquisition, development, and construction of a 350-unit multifamily rental housing project located at 450 Folsom Street (originally known as the “Transbay Block 8 Tower Apartments” and also now known as “Avery 450”) was reactivated.
Legislation Introduced
Introduction of a resolution urging renunciation of nuclear weapons proliferation and embracing the Treaty on the Prohibition of Nuclear Weapons.
Supervisor Peskin introduced a resolution urging renunciation of nuclear weapons proliferation, actively pursuing a verifiable agreement among nuclear-armed states to eliminate their nuclear arsenals, and embracing the Treaty on the Prohibition of Nuclear Weapons.
Legislation Introduced
Introduction of a resolution urging prioritization of public-school educators for COVID-19 vaccine access.
Supervisor Ronen introduced a resolution urging Governor Gavin Newsom and the California Department of Public Health to prioritize California public school educators for phase one COVID-19 vaccine access.
Legislation Introduced
Introduction of a resolution declaring the results of the November 3, 2020, Consolidated General Election.
Supervisor Yee introduced a resolution declaring the results of the November 3, 2020, Consolidated General Election.
Legislation Introduced
Introduction of a motion scheduling a Committee of the Whole hearing on amendments to the Redevelopment Plan for the Mission Bay South Redevelopment Project.
Supervisor Haney introduced a motion scheduling the Board of Supervisors to sit as a Committee of the Whole on January 26, 2021, to hold a public hearing to consider amendments to the Redevelopment Plan for the Mission Bay South Redevelopment Project at the intersection of Owens and A Streets.
Legislation Introduced
Substitution of a motion directing the Clerk of the Board to initiate a Request for Proposal process for Budget and Legislative Analyst services.
A motion directing the Clerk of the Board to initiate a Request for Proposal process for Budget and Legislative Analyst services was substituted.
Legislation Introduced
Introduction of a motion establishing the 2021 Board of Supervisors Regular Meeting Schedule.
A motion establishing the 2021 Board of Supervisors Regular Meeting Schedule, cancelling certain meetings and suspending portions of the Board Rules, was introduced.
Legislation Introduced
Request for a hearing to consider amendments to the Mission Bay South Redevelopment Plan on January 26, 2021.
The Board scheduled the date of January 26th, 2021, for a Committee of the Whole hearing to consider the ordinance approving amendments to the Mission Bay South Redevelopment Plan. The date of the hearing was done through the motion made by File No. M20-198.
Legislation Introduced
Ordinance introduced regarding employment disputes by De Bernardi and Kirwan et al vs the City and County of San Francisco.
Proposed settlement by consolidated lawsuits filed by De Bernardi, Kirwan, Wazwaz, Moore, Yeung and Kam for $503,506.33, over employment disputes.
Legislation Introduced
Resolution introduced regarding an unlitigated claim by Daniels against the City and County of San Francisco.
Resolution proposed approving a $100,000 settlement payment, to the unlitigated claim filed by Michelle Daniels over an employment dispute.
Legislation Introduced
Resolution introduced regarding an unlitigated claim by Levi's Plaza TIC Trust against the City and County of San Francisco.
Resolution proposed approving a $10,241,561.60 plus statutory interest payment, to the unlitigated claim filed by Levi's Plaza TIC Trust over the alleged overpayment of real property transfer taxes.
Legislation Introduced
Resolution introduced regarding a Street Encroachment Permit for Harlan Place.
Proposed ordinance approving a retroactively revocable Street Encroachment Permit on Harlan Place for A-Z300 Grant LLC, because of improvements they did back on November 16, 2020.
Legislation Introduced
Resolution introduced to amend contract CS-163-1 OCIP Insurance Brokerage Services.
Proposed amendment to add $1,684,550 to contract CS-163-1 OCIP Insurance Brokerage, which is done with Aon Risk Insurance Services West, Inc. The reason for the raise is increased constuction time from the central subway project and the resolution extends the term by two years ending July 1, 2022.
Legislation Introduced
Resolution introduced regarding an amendment to the Great Plates Delivered program.
Proposed resolution for a five month extension of the Great Plates Delivered program, administered by the San Francisco New Deal, for a total term of June 1, 2020, through May 31, 2021. Also increases the amount by $16,632,000 making the total $25,740,000. Commences December 15, 2020.