Board of Supervisors Minutes: February 8, 2022

tion] Sponsor: Peskin Ordinance amending the Administrative Code to create the Central SoMa Legacy Business & PDR Support Fund and the Jackson Playground Park Fund; crediting payments to be made by KR Flower Mart, LLC under the Flower Mart Development Agreement against Eastern Neighborhoods Infrastructure Fees under Planning Code Section 423 and Transportation Sustainability Fees under Planning Code Section 411A; authorizing the City to accept land located at 71 Boardman Place and 356 Harriet Street (Assessor's Block 3779, Lots 084 and 112) for affordable housing; and providing KR Flower Mart, LLC credit against Jobs-Housing Linkage Fees under Planning Code Section 413 for the value of that land; authorizing the attachment of missing pages to the Transportation Demand Management exhibit of the Development Agreement; making findings under the California Environmental Quality Act, findings of conformity with the City’s General Plan and with the eight priority policies of Planning Code Section 101.1(b), and public necessity, convenience, and welfare findings under Planning Code, Section 302. Ordinance No. 026-22 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Excused: Haney

211200 [Declaring Results of Special Election - Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsor: Mayor Resolution declaring the results of a special landowner election for City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island); and determining other matters in connection therewith, as defined herein. Resolution No. 044-22 ADOPTED by the following vote:

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

Excused: Haney

211196 [Adding Territory to and Adopting Amendments to the Infrastructure Financing Plan for Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsor: Mayor Ordinance adding territory to and adopting amendments to the Infrastructure Financing Plan for 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. PASSED ON FIRST READING by the following vote:

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

Excused: Haney

211223 [Settlement of Lawsuit - Leadwell Global Property LLC - Stipulated Assessed Value of $152,600,000] Ordinance authorizing settlement of the lawsuit filed by Leadwell Global Property LLC against the City and County of San Francisco for a stipulated assessed value of the real property located at 1 Nob Hill Circle, aka 999 California Street, San Francisco, CA (Assessor’s Parcel Block No. 0255, Lot No. 002) (the “Subject Property”) of $152,600,000 as of February 28, 2017, contingent upon the Assessment Appeals Board’s approval; the lawsuit was filed on June 26, 2020, in San Francisco Superior Court, Case No. CGC-20-585163; entitled Leadwell Global Property LLC v. City and County of San Francisco, et al.; the lawsuit involves the assessed value of the Subject Property for property tax purposes as of the February 28, 2017, change in ownership date. (City Attorney) Ordinance No. 022-22 FINALLY PASSED by the following vote:

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

Excused: Haney

rds to pass-through 50% of the resulting property tax increase to residential tenants under Administrative Code, Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such bonds; incorporating the provisions of Administrative Code, Sections 5.30-5.36; setting certain procedures and requirements for the election; finding that the proposed bond is not a project under the California Environmental Quality Act (CEQA); and finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and with the General Plan consistency requirement of Charter, Section 4.105, and Administrative Code, Section 2A.53. (Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Resolution.) (Fiscal Impact) Supervisor Ronen requested to be added as a co-sponsor. Supervisor Chan, seconded by Supervisor Melgar, moved that this Resolution be CONTINUED to a Committee of the Whole hearing at the Board of Supervisors meeting of February 15, 2022. The motion carried by the following vote:

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

Excused: Haney

e passage of this Ordinance.) (Fiscal Impact) Supervisor Ronen requested to be added as a co-sponsor. Supervisor Chan, seconded by Supervisor Melgar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 9, by changing ‘Strong’ to ‘A strong’, and changing ‘systems’ to ‘system’, Lines 10-11, by adding ‘reducing mobility gaps across the City as documented in the MUNI Service Equity Strategy’, Line 16, by adding ‘equitable’, Lines 16-18, by adding ‘expand job access and connectivity for underserved communities into the outer neighborhoods of the City, and in this way the City’s transportation investment will’, and Lines 20-22, by adding ‘L. The Board further recognizes that sustainable transportation includes inclusive investments that support the City’s transit and transportation workforce and the participation of the City’s local and disadvantaged business enterprises.’; on Page 5, Lines 5-7, by adding ‘and applying the provisions of Administrative Code Section 6.27, requiring certain funded projects to be subject to a Project Labor Agreement’; on Page 8, Line 2, by adding ‘Board of Supervisors’. The motion carried by the following vote:

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

Excused: Haney

(Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Ordinance.) (Fiscal Impact) Supervisor Chan, seconded by Supervisor Melgar, moved that this Ordinance be CONTINUED ON FIRST READING AS AMENDED to a Committee of the Whole hearing at the Board of Supervisors meeting of February 15, 2022. The motion carried by the following vote:

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

Excused: Haney

220013 [Public Works Code - Mobile Food Facility Permit Renewal Fees Collection] Sponsors: Mayor; Mar, Haney, Safai and Mandelman Ordinance amending the Public Works Code to permit the Office of the Treasurer and Tax Collector to collect the Mobile Food Facility renewal fees on the unified license bill due annually on March 31. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Excused: Haney

211266 [Loan Agreement - Sunnydale Infrastructure Phase 1A3 LLC - Sunnydale HOPE SF - Infrastructure Improvements - Not to Exceed $25,072,111] Sponsors: Mayor; Walton and Safai Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute an Amended and Restated Loan Agreement with Sunnydale Infrastructure Phase 1A3 LLC, a California limited liability company, for a total loan amount not to exceed $25,072,111 to finance the second phase of infrastructure improvements and housing development related to the revitalization and master development of up to 1,770 units of replacement public housing, affordable housing and market rate housing, commonly known as the Sunnydale HOPE SF Development (“Sunnydale Project”); and adopting findings that the loan agreement is consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 045-22 ADOPTED by the following vote:

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

Excused: Haney

211269 [Accept and Expend Grants - Sunnydale Infrastructure, LLC - Herz Playground Recreation Center - $10,000,000] Sponsors: Mayor; Walton and Safai Resolution authorizing the Recreation and Park Department to accept and expend cash and/or in-kind grants valued at $10,000,000 from Sunnydale Infrastructure, LLC, to design and construct the Herz Playground Recreation Center, for a term to commence upon approval by the Board of Supervisors through June 30, 2024. (Recreation and Park Department) (Fiscal Impact) Resolution No. 046-22 ADOPTED by the following vote:

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

Excused: Haney

211306 [Grant Agreement - Urban Alchemy - Emergency Shelter - Not to Exceed $18,736,820] Sponsors: Mayor; Safai Resolution approving a grant agreement between Urban Alchemy and the Department of Homelessness and Supportive Housing for emergency shelter operations and support services serving approximately 250 adults experiencing homelessness at the property located at 711 Post Street, for a total term of February 1, 2022, through June 30, 2024, for a total not to exceed amount of $18,736,820 pursuant to Charter, Section 9.118(b); affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Supervisor Safai requested to be added as a co-sponsor. Resolution No. 047-22 ADOPTED by the following vote:

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

Excused: Haney

220016 [Accept, and Expend Grant - California Department of Housing and Community Development - Local Housing Trust Fund Program - $5,000,000] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing and Community Development, on behalf of the City and County of San Francisco, to execute the Standard Agreement with the California Department of Housing and Community Development under the Local Housing Trust Fund Program for a total award of $5,000,000 for the period starting on the execution date of the Standard Agreements to June 30, 2035. (Fiscal Impact) Resolution No. 048-22 ADOPTED by the following vote:

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

Excused: Haney

220054 [Adopting the Final Mitigated Negative Declaration - 1236 Carroll Avenue] Sponsor: Walton Motion adopting findings pursuant to the California Environmental Quality Act (“CEQA”), and the CEQA Guidelines including findings of fact and decision, evaluation of mitigation measures, the adoption of a mitigation, monitoring and reporting program, and adoption of the Final Mitigated Negative Declaration in connection with the proposed San Francisco Fire Department Training Facility at 1236 Carroll Avenue, a site consisting of two city blocks bounded by Carroll Avenue, Hawes Street, Armstrong Avenue, and Griffith Street, totaling approximately 7.28 acres. Motion No. M22-016 APPROVED by the following vote:

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

Excused: Haney

211172 [Administrative Code - Domestic Violence Data Reporting] Sponsors: Stefani; Melgar, Safai, Haney, Mar, Mandelman, Ronen and Walton Ordinance amending the Administrative Code to require the Police Department and the District Attorney to submit quarterly reports to the Board of Supervisors, the Mayor, and various City departments regarding the number of cases of domestic violence and cases involving certain types of abuse against minors, and to require the District Attorney to submit quarterly reports to the Board of Supervisors, the Mayor, and various City departments regarding the total number of crime victims to whom the District Attorney has provided or made documented efforts to provide services. PASSED ON FIRST READING by the following vote:

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

Excused: Haney

220078 [Appointments, Housing Stability Fund Oversight Board - Saki Bailey and Anabell Ibanez] Motion appointing Saki Bailey (residency requirement waived), term ending December 13, 2022, and Anabell Ibanez, term ending December 13, 2024, to the Housing Stability Fund Oversight Board. (Rules Committee) Motion No. M22-017 APPROVED by the following vote:

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

Excused: Haney

220069 [Mayoral Reappointment, Juvenile Probation Commission - Andrea Shorter] Motion approving/rejecting the Mayor’s nomination for the reappointment of Andrea Shorter to the Juvenile Probation Commission, term ending January 15, 2026. (Clerk of the Board) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the 30 day period shall result in the appointee continuing to serve as appointed. Transmittal date: January 19, 2022.) (Supervisor Mandelman dissented in committee.) Supervisor Peskin, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 15, 2022. The motion carried by the following vote:

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

Noes: Mandelman, Safai, Stefani

Excused: Haney

ode, Sections 65915-65918)), for the project invoking waivers from the development standards for rear yard (Planning Code, Section 134), dwelling unit exposure (Planning Code, Section 140), and maximum height limit (Planning Code, Section 260) that would construct a new five-story, 50-foot tall, residential building (approximately 10,023 square feet) with 19 group housing units located within the RM-1 (Residential-Mixed, Low Density) Zoning District and a 40-X Height and Bulk District. (District 8) (Appellant: Athanassios Diacakis) (Filed November 12, 2021) (Clerk of the Board) President Walton opened the public hearing and Supervisor Mandelman provided opening remarks and indicated he would be making a motion to continue this appeal to a future date. The President then inquired as to whether any individual wished to address the Board. Speaker; spoke on various concerns related to the proposed continuance. There were no other speakers. President Walton closed public comment on the continuance. Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of March 15, 2022. The motion carried by the following vote:

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

Excused: Haney

211188 [Approving Conditional Use Authorization - 3832-18th Street] Motion approving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project located at 3832-18th 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 Mandelman, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of March 15, 2022. The motion carried by the following vote:

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

Excused: Haney

211189 [Conditionally Disapproving the Conditional Use Authorization - 3832-18th Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 21016, approving a Conditional Use Authorization, identified as Planning Case No. 2020-001610CUA, for a proposed project at 3832-18th 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 Mandelman, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of March 15, 2022. The motion carried by the following vote:

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

Excused: Haney

211190 [Preparation of Findings Related to Conditional Use Authorization - 3832-18th 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. 2020-001610CUA, for a proposed project at 3832-18th Street. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of March 15, 2022. The motion carried by the following vote:

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

Excused: Haney

roughout the discussion. Fred Wingard; William Jake; Nicos; Marco; Speaker; David Elliott Lewis; Carolyn Kennedy; Sara DeJesus; Sheila Vandeeta; Noah; Speaker; ; spoke in support of concurring with the local emergency. Summer; spoke in support of withdrawing concurrence in the local emergency. Wesley Saber; Laura Thomas; Celly; Del Seymour; Kristen Evans; Gloria Stava; Speaker; Gilbert Crisswell; Gil Runston; Mark Nagel; Johnny Rockstar; Francisco Da Costa; Speaker; Speaker; Miguel Herrera; Speaker; Kayleena; Lydia Branson; Amania; Belinda Dobbs; Vicka Eisen; Nia Brown; Rachel; Amy Parawais; Nick; Mary Kay Baklawa; Tom Wolfe; Speaker; Speaker; Jen Tse; spoke on various concern relating to the local emergency. There were no other speakers. The President closed public comment, declared the Hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. President Walton rescinded his declaration that this Hearing has been heard and filed. Supervisor Peskin, seconded by Supervisor Chan, moved that this Committee of the Whole Hearing be CONTINUED to the Board of Supervisors meeting of March 15, 2022. The motion carried by the following vote:

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

Excused: Haney

211324 [Proclamation of Local Emergency - Drug Overdoses in the Tenderloin] Sponsor: Peskin Motion concurring/withdrawing concurrence in the December 17, 2021, Proclamation by the Mayor Declaring the Existence of a Local Emergency in connection with the sudden increase in drug overdoses in the Tenderloin. Supervisor Peskin, seconded by Supervisor Chan, moved that this Motion be CONTINUED to the Committee of the Whole hearing at the Board of Supervisors meeting of March 15, 2022. The motion carried by the following vote:

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

Excused: Haney

211286 [Charter Amendment - Building Inspection Commission] Sponsors: Melgar; Peskin, Ronen, Mandelman, Safai and Mar Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco to revise the duties, composition, and method of appointment for members of the Building Inspection Commission; and affirming the Planning Department’s determination under the California Environmental Quality Act; at an election to be held on June 7, 2022. Supervisor Safai requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of February 15, 2022. The motion carried by the following vote:

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

Excused: Haney

211287 [Charter Amendment -Timelines for Recall Process; Filling Vacancies in Elected Offices] Sponsors: Peskin; Walton, Ronen and Preston Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco to extend the ban on the initiation of recall petitions from six to twelve months after the official has assumed office; prohibit the submission of a recall petition to the Department of Elections, if the subsequent recall election would be required to be held within twelve months of a regularly scheduled election for the office held by the official sought to be recalled; and provide that any interim officer appointed to fill a vacancy created by a recall election, held on or after June 7, 2022, may not be a candidate in the subsequent vacancy election; at an election to be held on June 7, 2022. Supervisor Melgar requested to be removed as a co-sponsor. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of February 15, 2022. The motion carried by the following vote:

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

Excused: Haney

ing for File No. 211221. The following Supervisors were noted present: Supervisors Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton The following Supervisor was noted excused: Supervisor Haney Persons in attendance: Anne Pearson, Meredith Osborn, and Ray Rollan, Deputy City Attorneys (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). The matter was heard in closed session, no action was taken, and the hearing was filed. HEARD IN CLOSED SESSION RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 8:04 p.m. The following Supervisors were noted present: Supervisors Chan, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton The following Supervisor was noted excused: Supervisor Haney [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mandelman, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Excused: Haney

211221 [Settlement of Lawsuit - Dacari Spiers - $700,000] Ordinance authorizing settlement of the lawsuit filed by Dacari Spiers against the City and County of San Francisco for $700,000; the lawsuit was filed on March 6, 2020, in United States District Court, Northern District of California, Case No. 20-cv-01357-JSC; entitled Dacari Spiers v. City and County of San Francisco, et al.; the lawsuit involves an alleged civil rights violation. (City Attorney) Privilege of the floor was granted unanimously to Meredith Osborn (Office of the City Attorney) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: Mandelman, Stefani

Excused: Haney

220137 [Findings to Allow Teleconferenced Meetings During Declared Emergency] Motion making findings to allow teleconferenced meetings under California Government Code, Section 54953(e). (Clerk of the Board) Motion No. M22-018 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Haney