Board of Supervisors Minutes: August 25, 2020

200758 [Settlement of Lawsuit - Hastings College of the Law - $0] Ordinance authorizing settlement of the lawsuit filed by Hastings College of the Law against the City and County of San Francisco for $0 and a Stipulated Injunction; the lawsuit was filed on May 4, 2020, in United States District Court, Case No. 20-cv-3033; entitled Hastings College of the Law, et al. v. City and County of San Francisco; the lawsuit involves alleged civil rights violations, Federal Americans with Disabilities and California Disabled Persons Act violations, Negligence; Public Nuisance; Private Nuisance and Inverse Condemnation. (City Attorney) Ordinance No. 155-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Safai, Stefani, Yee

Noes: Peskin, Preston, Ronen, Walton

200702 [Planning Code - Chinatown Community Business District Zoning Control Table - Technical Correction] Sponsor: Peskin Ordinance amending the Planning Code to re-enact a provision permitting Non-Retail Professional Services above the first story in the Chinatown Community Business District Zoning Control Table, which was inadvertently deleted in recently enacted legislation; 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 adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. Ordinance No. 157-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200672 [Administrative Code - Sunshine Ordinance Task Force Member Nominations] Sponsor: Peskin Ordinance amending the Administrative Code to designate the Northern California Chapter of the Society of Professional Journalists as the nominating body with authority to recommend nominees to the Board of Supervisors to hold the seat on the Sunshine Ordinance Task Force designated for a journalist from a racial/ethnic-minority-owned news organization, and to modify the qualifications for that seat. PASSED ON FIRST READING by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200718 [Mayoral Reappointment, Planning Commission - Susan Diamond] Motion approving the Mayoral nomination for the reappointment of Susan Diamond to the Planning Commission, for a four-year term ending July 1, 2024. (Clerk of the Board) (Charter, Section 4.105, 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: July 1, 2020.) Motion No. M20-113 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200719 [Mayoral Reappointment, Planning Commission - Joel Koppel] Motion approving the Mayoral nomination for the reappointment of Joel Koppel to the Planning Commission, for a four-year term ending July 1, 2024. (Clerk of the Board) (Charter, Section 4.105, 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: July 1, 2020.) Motion No. M20-114 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200722 [Presidential Reappointment, Planning Commission - Maria Theresa Imperial] Motion approving the President of the Board of Supervisors Norman Yee’s nomination for the reappointment of Maria Theresa Imperial to the Planning Commission, for a four-year term ending July 1, 2024. (Clerk of the Board) (Charter, Section 4.105, 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: July 1, 2020.) Motion No. M20-115 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200731 [Mayoral Appointment, Police Commission - Malia Cohen] Motion approving the Mayor’s nomination for the appointment of Malia Cohen to the Police Commission, for a four-year term ending April 30, 2024. (Clerk of the Board) (Charter, Section 4.109, 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: July 7, 2020.) Motion No. M20-116 APPROVED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

view under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on February 12, 2019, for the proposed project at 66 Mountain Spring Avenue, Assessor’s Parcel Block No. 2706, Lot No. 025; to demolish an existing two-story, one-family house and construct a new three-story single-family house within the RH-1(D) (Residential House, One-Family-Detached) Zoning District and a 40-X Height and Bulk District. (District 7) (Appellants: Gloria Smith of Law Offices of Gloria D. Smith, on behalf of Margaret Niver, Ronald Niver, and Rosemarie MacGuiness) (Filed March 23, 2020) (Clerk of the Board) President Yee opened the public hearing and provided opening remarks, indicating he would be making a motion to continue this appeal hearing and associated Motions to a later date. The President then inquired as to whether any individual wished to address the Board on the proposed continuance. There were no speakers. President Yee closed public comment on the continuance. Supervisor Yee, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 15, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200755 [Affirming the Categorical Exemption Determination - 66 Mountain Spring Avenue] Motion affirming the determination by the Planning Department that the proposed project at 66 Mountain Spring Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 15, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200756 [Conditionally Reversing the Categorical Exemption Determination - 66 Mountain Spring Avenue] Motion conditionally reversing the determination by the Planning Department that the proposed project at 66 Mountain Spring Avenue is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 15, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200757 [Preparation of Findings to Reverse the Categorical Exemption Determination - 66 Mountain Spring Avenue] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 66 Mountain Spring Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 15, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

al Quality Act issued as a Categorical Exemption by the Planning Department on February 12, 2019, for the proposed project at 1846 Grove Street, Assessor’s Parcel Block No. 1187, Lot No. 003H; for the construction of four two-story single-family dwelling units on a vacant lot within an RH-2 (Residential, House - Two Family) and RH-3 (Residential, House - Three Family) Zoning District and a 40-X Height and Bulk District. (District 5) (Appellant: Brian Kingan) (Filed May 9, 2020) (Clerk of the Board) President Yee opened the public hearing and Supervisor Preston provided opening remarks, indicating he would be making a motion to continue these appeal hearings and associated Motions to a later date. The President then inquired as to whether any individual wished to address the Board on the proposed continuance. Robert Sussman; expressed concerns regarding the proposed continuance of the appeal hearings and associated Motions to a later date. President Yee closed public comment on the continuance. Supervisor Preston, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200747 [Affirming the Categorical Exemption Determination - 1846 Grove Street] Motion affirming the determination by the Planning Department that the proposed project at 1846 Grove Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Preston, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200748 [Conditionally Reversing the Categorical Exemption Determination - 1846 Grove Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 1846 Grove Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Preston, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200749 [Preparation of Findings to Reverse the Categorical Exemption Determination - 1846 Grove Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project 1846 Grove Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Preston, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200750 [Hearing - Appeal of Conditional Use Authorization - 1846 Grove Street] Hearing of persons interested in or objecting to the certification of Conditional Use Authorization pursuant to Planning Code, Sections 207, 209.1, and 303, for a proposed project at 1846 Grove Street, Assessor’s Parcel Block No. 1187, Lot No. 003H, identified in Planning Case No. 2018-011441CUA, issued by the Planning Commission by Motion No. 20681, dated April 9, 2020, for residential density of one unit per 1,500 square feet of lot area to permit the construction of four two-story single-family dwelling units on a vacant lot within an RH-2 (Residential, House - Two Family) and RH-3 (Residential, House - Three Family) Zoning District and a 40-X Height and Bulk District. (District 5) (Appellant: Malinda Kai Tuazon) (Filed May 11, 2020) (Clerk of the Board) Supervisor Preston, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200751 [Approving Conditional Use Authorization - 1846 Grove Street] Motion approving the decision of the Planning Commission by its Motion No. 20681, approving a Conditional Use Authorization, identified as Planning Case No. 2018-011441CUA, for a proposed project located at 1846 Grove Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Preston, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200752 [Conditionally Disapproving Conditional Use Authorization - 1846 Grove Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20681, approving a Conditional Use Authorization, identified as Planning Case No. 2018-011441CUA, for a proposed project at 1846 Grove Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds (8 votes) of the members of the Board.) Supervisor Preston, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200753 [Preparation of Findings Related to Conditional Use Authorization Appeal - 1846 Grove Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2018-011441CUA, for a proposed project at 1846 Grove Street. (Clerk of the Board) Supervisor Preston, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 29, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200816 [Emergency Ordinance - Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic] Sponsor: Mar Reenactment of emergency ordinance (Ordinance No. 104-20) temporarily creating a right to reemployment for certain employees laid off due to the COVID-19 pandemic if their employer seeks to fill the same position previously held by a laid-off worker, or a substantially similar position, as defined. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Ordinance No. 159-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Walton, Yee

Noes: Stefani

200854 [Settlement of Lawsuit - Verizon Wireless and AT&T Mobility - City to Receive $2,161,773] Ordinance authorizing settlement of the lawsuit filed on behalf of the State of California, the City and County of San Francisco, and 189 other California governmental entities against Verizon Wireless for $839,356 and against AT&T Mobility National Accounts LLC for $1,322,417 for a total settlement of $2,161,773; the lawsuit was filed on July 5, 2012, in Sacramento County Superior Court, Case No. 34-2012-00127517; entitled State of California et al., ex rel. OnTheGo Wireless , LLC v. Verizon Wireless and AT&T Mobility National Accounts LLC; the lawsuit involves alleged violations of the California False Claims Act. (City Attorney) PASSED ON FIRST READING by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200912 [Emergency Ordinance - Grocery Store, Drug Store, Restaurant, and On-Demand Delivery Service Employee Protections] Sponsors: Haney; Walton, Preston and Safai Reenactment of emergency ordinance (Ordinance No. 74-20, reenacted by Ordinance No. 110-20) 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.) Supervisors Preston and Safai requested to be added as co-sponsors. Ordinance No. 156-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200819 [Contract Amendment - Retroactive - 1231 Market Street Owner L.P. - Hotel Rooms and Associated Services - Not to Exceed $35,608,542] Sponsor: Mayor Resolution retroactively approving a third amendment to an emergency agreement between the Human Services Agency and 1231 Market Street Owner L.P., for the City’s continued use of 459 hotel rooms and associated services; increasing the contract amount by $25,618,542 for a total amount not to exceed $35,608,542; and extending the booking period for a potential total term of April 8, 2020, through July 1, 2021. (Human Services Agency) (Fiscal Impact) Resolution No. 380-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200950 [Emergency Ordinance - Administrative Code - Rent Increases During COVID-19 Pandemic] Sponsors: Peskin; Fewer, Walton, Preston, Safai and Mandelman Reenactment of emergency ordinance (Ordinance No. 68-20, reenacted by Ordinance No. 114-20) to temporarily prohibit rent increases that would otherwise be permitted under the Administrative Code, due to the COVID-19 pandemic. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Supervisors Walton, Preston, Safai, and Mandelman requested to be added as co-sponsors. Ordinance No. 158-20 FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200941 [Final Map No. 10118 - 3234 Washington Street] Motion approving Final Map No. 10118, a five residential unit condominium project, located at 3234 Washington Street, being a subdivision of Assessor’s Parcel Block No. 0983, Lot No. 008; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-117 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200955 [Urging the Association of Bay Area Governments in the Regional Housing Needs Allocation Process to Focus on Unmet Needs for Affordable Housing] Sponsors: Mar; Ronen, Walton, Preston, Fewer, Mandelman and Peskin Resolution urging the Association of Bay Area Governments in its upcoming Regional Housing Needs Allocation (RHNA) Process to focus on San Francisco’s unmet needs for housing affordable to low- and moderate-income residents, and to maintain the current RHNA allocation level of above-moderate housing in San Francisco. Supervisors Walton, Preston, and Fewer requested to be added as co-sponsors. Supervisor Mar, seconded by Supervisor Mandelman, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of September 1, 2020. The motion carried by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None

200962 [Declaring Support for Urgent Funding for the United States Postal Service - Urging the United States Postal Service to Maintain Longstanding Delivery Standards and Services] Sponsors: Stefani; Walton, Fewer, Preston, Safai, Yee, Mandelman, Peskin, Ronen and Haney Resolution declaring the City and County of San Francisco’s support for urgent funding for the United States Postal Service in light of the coronavirus pandemic; and urging the Postal Service to maintain their longstanding delivery standards and services to ensure the well-being of our nation’s democracy. Supervisors Preston, Safai, Yee, Mandelman, Peskin, Ronen, and Haney requested to be added as co-sponsors. Resolution No. 383-20 ADOPTED by the following vote:

Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee

Noes: None