Board of Supervisors Minutes: December 17, 2024

241083 [Administrative Code - Reports on 100% Affordable Housing by Mayor’s Office of Housing and Community Development] Sponsors: Mayor; Ronen and Mandelman Ordinance amending the Administrative Code to end certain quarterly reporting requirements by the Mayor’s Office of Housing and Community Development to the Board of Supervisors and Mayor regarding the development of 100% Affordable Housing, and to establish new semi-annual reporting requirements beginning on July 31, 2025. Ordinance No. 298-24 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

240189 [Park Code - Marina Fees] Ordinance amending the Park Code to raise the fees for various goods and services at the Marina Small Craft Harbor; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Recreation and Park Department) Ordinance No. 293-24 FINALLY PASSED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

231280 [Non-Renewal of a Mills Act Historical Property Contract - 2209 Webster Street] Sponsors: Peskin; Preston Resolution regarding non-renewal of a Mills Act historical property contract with Michael Foley and Chiao Mei Lin, as Trustees of The Foley Lin Family Trust dated June 20, 2023, the owners of 2209 Webster Street, Assessor’s Parcel Block No. 0612, Lot No. 007, under Chapter 71 of the San Francisco Administrative Code; notifying the Assessor-Recorder’s Office of such non-renewal; and authorizing the Planning Director to send notice of the non-renewal of the historical property contract to the owner and record a notice of non-renewal. Resolution No. 583-24 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

210706 [Follow-Up Board Response - Civil Grand Jury Report - Strategic Alignment: Breaking Through to a Living Wage] Motion responding to the Civil Grand Jury’s request to provide a status update to Recommendation No. R1 contained in the 2020-2021 Civil Grand Jury Report, entitled “Strategic Alignment: Breaking Through to a Living Wage.” (Government Audit and Oversight Committee) Motion No. M24-128 APPROVED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

240641 [Planning Code - Laboratory Uses in the Urban Mixed Use Zoning District] Sponsors: Walton; Chan Ordinance amending the Planning Code to revise the definition of Laboratory to include Biotechnology, and to make Laboratory uses, as defined, a not permitted use in the Urban Mixed Use zoning district; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Supervisor Melgar dissented in committee.) (Pursuant to Charter Section 4.105, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to reverse the Planning Commission’s finding of non-conformity with the General Plan by amending the Ordinance to make their own findings of conformity with the General Plan.) Supervisor Walton, seconded by Supervisor Melgar, moved that this Ordinance be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

240872 [Planning Code, Zoning Map - 30 Van Ness Avenue Special Use District; Amendment of Agreement for Sale of Real Estate] Sponsors: Mayor; Dorsey Ordinance amending the Planning Code and Zoning Map to create the 30 Van Ness Avenue Special Use District, in the area generally bound by Fell Street to the north, Market Street to the east and south, and Van Ness Avenue to the west; modifying the Notice of Special Restrictions related to inclusionary housing obligations under the Agreement for Sale of Real Estate between the City and 30 Van Ness Development LLC; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making public necessity, convenience, and welfare findings under Planning Code, Section 302. (Supervisor Melgar dissented in committee.) PASSED ON FIRST READING by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241137 [Portal Project Implementation Memorandum of Understanding - Transbay Joint Powers Authority - Phase 2 of the Transbay Program] Sponsors: Mayor; Mandelman and Dorsey Resolution approving the Portal Project Implementation Memorandum of Understanding between the Transbay Joint Powers Authority, the Metropolitan Transportation Commission, the San Francisco County Transportation Authority, the Peninsula Corridor Joint Powers Board, the California High-Speed Rail Authority, and the City and County of San Francisco, collectively the “Partners,” regarding Phase 2 of the TJPA’s Transbay Program, referred to as "The Portal," over a term in excess of 10 years; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Mandelman and Dorsey requested to be added as co-sponsors. Resolution No. 633-24 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241110 [Appointment, Sheriff’s Department Oversight Board - Estela Ortiz] Motion appointing Estela Ortiz, term ending March 1, 2025, to the Sheriff’s Department Oversight Board. (Rules Committee) Motion No. M24-129 APPROVED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241161 [Mayoral Appointment, Board of Appeals - Joanna Gubman] Motion rejecting the Mayoral nomination for the appointment of Joanna Gubman to the Board of Appeals, for a term ending July 1, 2028. (Clerk of the Board) (Charter, Section 4.106, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: November 26, 2024.) Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 14, 2025. The motion FAILED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar

Noes: Peskin, Preston, Ronen, Safai, Walton

Excused: Chan

NOT APPROVED by the following vote:

Ayes: Peskin, Preston, Ronen, Safai, Walton

Noes: Dorsey, Engardio, Mandelman, Melgar

Excused: Chan

241162 [Mayoral Appointment, Municipal Transportation Agency Board of Directors - Sara Barz] Motion rejecting the Mayor’s nomination for the appointment of Sara Barz to the Municipal Transportation Agency Board of Directors, for a term ending March 1, 2027. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: November 6, 2024.) Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 14, 2025. The motion FAILED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar

Noes: Peskin, Preston, Ronen, Safai, Walton

Excused: Chan

NOT APPROVED by the following vote:

Ayes: Peskin, Preston, Ronen, Safai, Walton

Noes: Dorsey, Engardio, Mandelman, Melgar

Excused: Chan

241112 [Affirming the Categorical Exception Determination - Proposed 1719 Wallace Avenue Project] Motion affirming the determination by the Planning Department that the proposed project at 1719 Wallace Avenue is categorically exempt from environmental review. (Clerk of the Board) Motion No. M24-130 Supervisor Walton, seconded by Supervisor Preston, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241113 [Conditionally Reversing the Categorical Exemption Determination - Proposed 1719 Wallace Avenue Project] Motion conditionally reversing the determination by the Planning Department that the proposed project at 1719 Wallace Avenue is categorically exempt from environmental review, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) Supervisor Walton, seconded by Supervisor Preston, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241114 [Preparation of Findings to Reverse the Categorical Exemption Determination - Proposed 1719 Wallace Avenue Project] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 1719 Wallace Avenue is categorically exempt from environmental review. (Clerk of the Board) Supervisor Walton, seconded by Supervisor Preston, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241052 [Liquor License Issuance - 969 Market Street - Vita Brevis Club] Resolution determining that the issuance of a Type-48 on-sale general public premises liquor license to VBC SF LLC, to do business as Vita Brevis Club, located at 969 Market Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 634-24 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241190 [Final Map No. 12126 - 4135 California Street] Motion approving Final Map No. 12126, a seven-unit condominium project, located at 4135 California Street, being a subdivision of Assessor’s Parcel Block No. 1363, Lot No. 020; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M24-133 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241200 [Commending Supervisor Ahsha Safaí] Sponsor: Board of Supervisors Resolution honoring the outstanding service of Ahsha Safaí, Supervisor for San Francisco’s District 11, and declaring December 17, 2024, as Supervisor Ahsha Safaí Day in the City and County of San Francisco. Resolution No. 579-24 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241201 [Commending Supervisor Hillary Ronen] Sponsor: Board of Supervisors Resolution commending and honoring Supervisor Hillary Ronen for her distinguished service as the District 9 Supervisor for the City and County of San Francisco, and declaring December 22, 2024, as Supervisor Hillary Ronen Day in the City and County of San Francisco. Resolution No. 582-24 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241202 [Commending Supervisor Dean Preston] Sponsor: Board of Supervisors Resolution commending and honoring Dean Preston for his distinguished service as a Supervisor for the City and County of San Francisco, and declaring January 7, 2025, as Supervisor Dean Preston Day in the City and County of San Francisco. Resolution No. 580-24 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan

241203 [Commending Board of Supervisors President Aaron Peskin] Sponsor: Board of Supervisors Resolution commending Board of Supervisors President Aaron Peskin for his distinguished and trusted leadership, beloved friendship, valued guidance and counsel, and incredible tenure of public service from 2001 through 2024, on the occasion of his final Board of Supervisors meeting. Resolution No. 581-24 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: None

Excused: Chan