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Board approves lease at 1 Market Plaza after brief questions about amendment authority
Summary
Supervisors approved a resolution retroactively authorizing a lease at 1 Market Plaza for the Department of Emergency Management; Supervisor Campos asked about staff authority to add equipment, and staff explained the action merges long- and short-term leases and grants the property director flexibility for the current contract.
The San Francisco Board of Supervisors on Tuesday adopted a resolution retroactively authorizing a lease at 1 Market Plaza for the Department of Emergency Management after a brief exchange about amendment authority.
Supervisor Campos asked why the lease included language that would allow staff to add additional equipment without subsequent Board approval. "There is a provision here that essentially would allow staff to add additional equipment to the lease without first obtaining subsequent approval from the Board of Supervisors," Supervisor Campos said, asking for clarification.
A member of the floor responded that the ordinance merges a long-term lease and short-term lease into a single instrument. The respondent explained that while the director of property can amend short-term leases, the director does not have amendment authority over long-term leases absent Board authorization; merging the leases and giving the director flexibility would allow the property director to respond to emergency needs and install infrastructure during the term of the current contract, which the respondent said expires in 2013. The transcript records: "We have a long term lease and a short term lease that are being merged together in this ordinance... and we wanted to give director property that flexibility to do that and respond to emergency services that might ... come out to be able to put in place infrastructure on the site and give them that flexibility for the duration of this current contract, which expires, I believe, in 2013." (speaker not clearly identified in the transcript).
Following that explanation, the Board adopted the resolution by unanimous consent. The transcript records the meeting moving on after the adoption.
The meeting record does not show a subsequent directive limiting or clarifying the scope of authority beyond the ordinance text presented, and the respondent's description of lease-merging as the rationale for additional amendment authority appears in the public record as staff explanation during the meeting.
