Board of Supervisors Minutes: October 26, 2021

210935 [Administrative Code - Cannabis Oversight Committee Sunset Date] Sponsor: Chan Ordinance amending the Administrative Code to extend the sunset date for the Cannabis Oversight Committee from December 3, 2021, to January 1, 2025. Ordinance No. 200-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210965 [Authorizing Preparation of an Amended Infrastructure Financing Plan for City and County of San Francisco Infrastructure and Revitalization Financing District No.1 (Treasure Island)] Sponsor: Mayor Resolution authorizing and directing the Director of the Office of Public Finance, or designee thereof, to prepare an amended infrastructure financing plan for the City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein, and determining other matters in connection therewith, as defined herein. Resolution No. 497-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210811 [Administrative Code - Ban on City-Funded Travel to and City Contracts Involving States with Voter Suppression Laws] Sponsors: Walton; Safai, Haney, Melgar, Stefani, Preston, Peskin and Mar Ordinance amending the Administrative Code to prohibit City-funded travel to states that have adopted laws on or after January 1, 2021, suppressing voting rights, and to prohibit City contracting with companies headquartered in states that have enacted such laws, or where work on the contract would be performed in such states. Ordinance No. 201-21 FINALLY PASSED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210937 [Business and Tax Regulations Code - Affordable Housing Transfer Tax Exemption] Sponsors: Preston; Chan, Mar, Safai, Haney, Mandelman, Ronen, Walton and Melgar Ordinance amending the Business and Tax Regulations Code to exempt certain transfers of rent-restricted affordable housing occurring on or after January 1, 2021, from the increased transfer tax rates when the consideration or value of the interest or property conveyed equals or exceeds $5,000,000; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Supervisors Mandelman, Ronen, Walton, and Melgar requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210999 [Grant Agreement Amendment - San Francisco-Marin Food Bank - COVID-19 Food Assistance Program - Not to Exceed $22,951,645] Resolution approving a second amendment to the grant agreement between the City and County of San Francisco and San Francisco-Marin Food Bank, for the administration of the COVID-19 Food Assistance Program, to extend the grant term by six months for a total term of July 1, 2020, through June 30, 2022, and to increase the grant amount by $7,424,820 for a total not to exceed amount of $22,951,645 to commence on October 15, 2021. (Human Services Agency) (Fiscal Impact) Resolution No. 498-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

211000 [Accept and Expend In-Kind Gift - Retroactive - San Francisco General Hospital Foundation - ZEISS Forum Software Licenses - $59,949] Resolution retroactively authorizing the Department of Public Health to accept and expend an in-kind gift of perpetual software licenses of the ZEISS forum ophthalmology application valued in the amount of $59,949 from the San Francisco General Hospital Foundation for the Department of Public Health to provide eye care and eye disease management for the project period of July 8, 2016, through June 16, 2025. (Public Health Department) Resolution No. 499-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

211002 [Agreement Amendment - California Independent System Operator - Planning Coordinator Services - Not to Exceed $500,000] Resolution authorizing the General Manager of the Public Utilities Commission to execute a Second Amendment to the Planning Coordinator (CS-399) Agreement between the City and County of San Francisco Public Utilities Commission and the California Independent System Operator, extending the agreement term from November 11, 2021, to November 10, 2031, pursuant to Charter, Section 9.118, for a total duration of approximately sixteen years, and for a total cumulative amount not to exceed $500,000; and delegating to the General Manager authority to approve certain non-material amendments, as defined herein. (Public Utilities Commission) (Fiscal Impact) Resolution No. 500-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

211054 [Authorizing Issuance of Special Tax Bonds - Improvement Area No. 2 of the City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island) - Not to Exceed $25,130,000] Sponsor: Mayor Resolution authorizing the issuance and sale of one or more series of Special Tax Bonds for City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island) with respect to its Improvement Area No. 2 in the aggregate principal amount not to exceed $25,130,000 approving related documents, including an Official Statement, Fiscal Agent Agreement, Bond Purchase Agreement, and Continuing Disclosure Certificate, and determining other matters in connection therewith, as defined herein. Resolution No. 501-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210497 [Planning Code and Zoning Map - Delete Life Science and Medical Special Use District] Sponsor: Walton Ordinance amending the Planning Code and Zoning Map to eliminate the Life Science and Medical Special Use District; 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 welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210699 [Planning, Administrative Codes - Accessory Dwelling Units] Sponsors: Mandelman; Ronen, Preston, Melgar, Peskin, Chan and Haney Ordinance amending the Planning Code to clarify the requirements for applications to construct Accessory Dwelling Units under the City’s local Accessory Dwelling Unit approval process; amending the Administrative Code to clarify that landlords may not remove certain tenant housing services without just cause and that issuance of a building permit does not constitute just cause; making findings as required by the Tenant Protection Act of 2019; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Chan requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210934 [Building Code - Mandatory Disability Access Improvements for Places of Public Accommodation - Extension of Time Deadlines] Sponsors: Mayor; Chan and Haney Ordinance amending the Building Code to extend the time by approximately two years for existing buildings with a place of public accommodation to comply with the requirement to have all primary entries and paths of travel into the building accessible to persons with disabilities or to receive a City determination of equivalent facilitation, technical infeasibility, or unreasonable hardship; to extend the period for granting extensions from those deadlines; and to extend the time for the Department of Building Inspection’s report to the Board of Supervisors. Supervisor Chan requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210963 [Administrative Code - Extension Of Temporary Tenant Protections Due To COVID-19] Sponsors: Preston; Peskin, Walton, Ronen, Chan, Mandelman, Haney, Melgar and Safai Ordinance amending the Administrative Code to extend the COVID-19 based limit on residential evictions, which allows evictions only if based on the non-payment of rent or violence or health and safety issues, from September 30, 2021, through December 31, 2021. Supervisor Safai requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210946 [Urging and Supporting Declaration of Local Emergency: Overdose Crisis] Sponsors: Haney; Mar, Walton, Mandelman, Ronen, Preston and Safai Resolution urging and supporting Mayor London N. Breed in proclaiming a declaration of the existence of a local emergency around the overdose crisis and immediately implementing overdose prevention sites. Supervisors Preston and Safai requested to be added as co-sponsors. Resolution No. 502-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

five years based on the consumer price index; 2) change the LBE certification size threshold term of calculation from an average of gross annual receipts in the prior three to the prior five years; 3) increase penalties for violations of Chapter 14B from up to 10% to up to 25% of the contract or subcontract amount; 4) require prime contractors to include LBE subcontractors’ approved payment requests in payment applications within 30 days of receipt of an invoice; 5) authorize application of separate LBE subcontract participation requirements for micro, small, and SBA-LBEs; 6) extend the bonding assistance program to certain City-funded construction projects; 7) authorize a pilot Mentor-Protégé expansion program, a pilot micro-LBE set-aside program for certain design-build and construction manager/general contractor projects, and a pilot Neighborhood LBE program; and 8) increase the contracting Threshold Amount from $706,000 to $1,000,000 and the Minimum Competitive Amount from $129,000 to $200,000; and make various other changes and clarifications to Chapter 14B, as defined herein. Supervisor Mar requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210920 [Affirming the Final Environmental Impact Report Certification - 469 Stevenson Street Project] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed 469 Stevenson Street project. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Stefani, moved that this Motion be APPROVED. The motion FAILED by the following vote:

Ayes: Haney, Safai, Stefani

Noes: Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Walton

Supervisor Peskin, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Walton

Noes: Haney, Safai, Stefani

210921 [Conditionally Reversing the Final Environmental Impact Report Certification - 469 Stevenson Street Project] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed 469 Stevenson Street project, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Stefani, moved that this Motion be TABLED. The motion FAILED by the following vote:

Ayes: Haney, Safai, Stefani

Noes: Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Walton

Motion No. M21-146 Supervisor Peskin, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Walton

Noes: Haney, Safai, Stefani

210922 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - 469 Stevenson Street Project] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed 469 Stevenson Street project. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Stefani, moved that this Motion be TABLED. The motion FAILED by the following vote:

Ayes: Haney, Safai, Stefani

Noes: Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Walton

Motion No. M21-147 Supervisor Peskin, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Walton

Noes: Haney, Safai, Stefani

ing to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on November 18, 2018, for the proposed project at 35 Ventura Avenue, Assessor’s Parcel Block No. 2816, Lot No. 008, to include the second floor addition of 15 feet in height for the proposed property that would consist of an approximately 30 foot tall, 3,000 square foot, single family home. (District 7) (Appellant: Ryan Patterson of Zacks, Freedman & Patterson PC, on behalf of Tom and Kari Rocca) (Filed August 30, 2021) (Clerk of the Board) President Walton opened the public hearing and Supervisor Melgar provided brief remarks, indicating she would be making a motion to continue this Hearing and its 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 Walton closed public comment on the continuance. Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of November 9, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210928 [Affirming the Categorical Exemption Determination - 35 Ventura Avenue] Motion affirming the determination by the Planning Department that the proposed project at 35 Ventura Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 9, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210929 [Conditionally Reversing the Exemption Determination - 35 Ventura Avenue] Motion conditionally reversing the determination by the Planning Department that the proposed project at 35 Ventura 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 Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 9, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210930 [Preparation of Findings to Reverse the Exemption Determination - 35 Ventura Avenue] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 35 Ventura Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 9, 2021. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

211025 [Settlement of Unlitigated Claim - Sandeep Lal - $59,000] Resolution approving the settlement of the unlitigated claim filed by Sandeep Lal against the City and County of San Francisco for $59,000; the claim was filed December 6, 2019, and November 17, 2020; the claim involves an employment dispute. (City Attorney) Resolution No. 503-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

210961 [Municipal Elections Code - Non-United States Citizen Voting in School Board Elections] Sponsors: Chan; Melgar, Walton, Ronen, Preston, Mar, Mandelman, Peskin, Safai and Haney Ordinance amending the Municipal Elections Code to reauthorize Non-United States citizen voting in elections for the Board of Education of the San Francisco Unified School District and specifying that Non-United States citizens may vote in recall elections regarding members of the Board of Education. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

211116 [Concurring in Actions to Meet Local Emergency - Coronavirus Response - Thirty-Eighth Supplement] Sponsor: Walton Motion concurring in actions taken by the Mayor in the Thirty-Eighth Supplement to the Proclamation of Emergency to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic by: 1) requiring employees of existing City contractors and subcontractors who spend substantial time working in close proximity to City employees while performing work under the contract at a City facility to be fully vaccinated or granted an exemption based on medical or religious grounds by no later than December 31, 2021; and 2) requiring members of City boards, commissions, and advisory bodies to report vaccination status to the City by no later than December 15, 2021, and prohibiting unvaccinated members from attending in-person meetings of a policy body after January 1, 2022, without exception. Motion No. M21-150 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None