The Board of Supervisors convened remotely due to the COVID-19 pandemic and addressed a broad range of issues, including housing, emergency ordinances, litigation settlements, and the Balboa Reservoir Project. The board approved multiple settlements related to lawsuits, ordinances for streamlining affordable housing and educator housing projects, and a General Plan Amendment along with ordinances for the Balboa Reservoir Project. Additionally, the board considered an appeal regarding a project on Harrison Street and continued a hearing on a project on Sanchez Street. New business included approving grant funding, supporting a reparations plan, addressing Title IX changes, and discussing labor negotiations in a closed session. Finally, a slew of new legislation including supporting a wealth tax, ballpark workers, the US postal service, an anti-gift provision, and the "make billionaires pay act" was introduced.
Due to the COVID-19 health emergency, Board Members participated in the meeting remotely. Instructions were provided to members of the public on how to provide public comment via telephone or email. The public was reminded that Board of Supervisors Regular Meetings begin at 2:00 p.m. on Tuesdays and that Agendas and associated documents are available online.
Angela Calvillo, Clerk of the Board, explained that Board Members would participate remotely due to COVID-19. She reviewed how the public could contribute live comments or submit written comments. Calvillo also informed the Board that an ADA request for accommodations had been received, and President Yee requested the individual be allowed to provide public comment out of order. Zach Karnazes then expressed concerns regarding ADA accommodations and support for an open session on the Hastings College of Law settlement. President Yee also noted receiving correspondence from Supervisor Safai indicating he would arrive late.
Supervisor Peskin, seconded by Supervisor Preston, moved to excuse Supervisor Safai from the meeting until his expected arrival at 3:17 p.m. The motion passed with 10 ayes and 1 excused vote.
President Yee asked if there were any corrections to the minutes from the July 14, 2020, Regular Board Meeting or the July 8, 2020, Special Meeting at the Budget and Appropriations Committee. Supervisor Peskin, seconded by Supervisor Mandelman, moved to approve the minutes as presented. The motion carried with 10 ayes and 1 excused vote, following general public comment.
The Consent Agenda consisted of recommendations from the Government Audit and Oversight Committee related to settlement of lawsuits against the City and County of San Francisco. These included settlements for David Timothy Rudolf ($120,000), Jonathan Garcia Valle ($850,000), Anthony Economus ($275,000), Oliver and Sofia Barcenas ($180,000), Lina Lu, Alexandra Anderson, and Stella Osborne ($49,000), Erin Sheeran ($97,500), San Francisco Museum of Modern Art and Yerba Buena Arts & Events (City to Receive $1,200,000), Rashad Abdullah ($150,000), Christian Miller ($750,000), and Christopher Kurrle ($50,000). Also included was the approval of an ordinance amending the Planning Code to allow certain activities as temporary uses in vacant commercial space. All items were approved with 10 ayes and 1 excused vote.
An ordinance amending the Planning Code to expedite Conditional Use authorization review and approval process and reduce application fees for certain uses of commercial space, sponsored by Supervisor Peskin, was initially passed with the Consent Agenda. Supervisor Peskin then moved to rescind the vote, which carried, and requested the Ordinance be duplicated on final passage under File No. 200946. The duplicated Ordinance was then referred to the Land Use and Transportation Committee.
The Board considered two items together, both related to the Planning Code and the 100% Affordable Housing and Educator Housing Streamlining Program. File No. 191249, sponsored by Supervisor Yee, required that at least 10% of residential units in Educator Housing projects have three or more bedrooms. File No. 200213, sponsored by Supervisors Fewer, Mar, Peskin, Haney, Walton, Mandelman, Ronen, Safai and Preston, allowed extra height for 100% Affordable Housing and Educator Housing projects, and allowed such projects to be constructed on parcels greater than 8,000 square feet or which contain only surface parking lots and do not demolish any existing buildings. Both Ordinances passed with 10 ayes and 1 excused vote.
Three items related to the Balboa Reservoir Project were considered together. File No. 200635, a General Plan Amendment, was approved to revise the Balboa Park Station Area Plan, the Recreation and Open Space Element, and the Land Use Index to reflect the project. File No. 200422, an ordinance creating the Balboa Reservoir Special Use District and rezoning the project site, was approved. File No. 200423, an ordinance approving a Development Agreement between the City and Reservoir Community Partners, LLC, for the project, was approved. All three ordinances passed with 10 ayes and 1 excused vote.
Resolution 374-20, sponsored by the Mayor, was adopted. It approved the CARES Act Emergency Solutions Grants Coronavirus (ESG-CV) Program, authorizing the Mayor to apply for, accept, and expend the City’s CARES Act ESG Program Round 2 entitlement from the U.S. Department of Housing and Urban Development (HUD), in the amount of $43,605,003. The resolution also amended the ESG Program Round 1 Entitlement Expenditure Plan in the amount of $3,250,000. The vote was 10 ayes and 1 excused.
Ordinance 200702, sponsored by Supervisor Peskin, was related to a technical correction in the Chinatown Community Business District Zoning Control Table. The ordinance was amended to re-enact a provision permitting Non-Retail Professional Services above the first story. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 21, by changing ‘200114’ to ‘200702’, Lines 23-24, by striking ‘On _, the Planning Commission, in Resolution No. _, adopted findings’ and adding ‘The Board of Supervisors hereby finds’, and Line 25, by adding ‘have no effect on the’; on Page 2, Lines 1-5, by adding ‘in that this ordinance corrects an error in the Chinatown Community Business District Zoning Control Table inadvertently created in the Chinatown Reorganization Ordinance (Ord. No. 208-19), General Plan and Section 101.1 findings for the Chinatown Reorganization Ordinance were made by the Planning Commission in its Resolution No. 20449’, Line 5, by striking ‘The Board adopts these findings as its own.’ and ‘said’, Line 6, by adding ‘No. 20449’ and ‘190594’, and Lines 10-11, by striking ‘Planning Commission Resolution No. _ and the Board incorporates such reasons herein by reference.’ The motion carried by the following vote: The amended ordinance then passed on first reading with 10 ayes and 1 excused vote.
Resolution 376-20, sponsored by Supervisor Walton, supported a reparations plan to address inequities in the African American community. The resolution also called for the creation of an advisory committee for the African American community. The resolution was adopted with 10 ayes and 1 excused vote.
Motion 200389, regarding the Mayoral appointment of Jane Natoli to the Municipal Transportation Agency Board of Directors, was NOT APPROVED by the following vote: Ayes: 4 - Haney, Mandelman, Ronen, Stefani. Noes: 6 - Fewer, Mar, Peskin, Preston, Walton, Yee. Excused: 1 - Safai
Motion M20-105 approved Eduardo Santacana's Mayoral reappointment to the Board of Appeals. Motion M20-106 approved the Mayoral appointment of Richard Swig to the Board of Appeals. Motion M20-107 approved President Yee's appointment of Darryl Honda to the Board of Appeals. All three motions passed with 10 ayes and 1 excused vote.
Motion M20-108, regarding the Mayoral appointment of Sharon Lai to the Municipal Transportation Agency Board of Directors, was APPROVED by the following vote: Ayes: 10 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Stefani, Walton, Yee. Excused: 1 - Safai
The Board conducted a hearing regarding the appeal of a Community Plan Evaluation for a proposed project at 2300 Harrison Street. Carlos Bocanegra, the Appellant, provided an overview of the appeal. Numerous speakers expressed support for the appeal. Ryan Shum of the Planning Department provided an overview of the decision. Audrey Pearson from the City Attorney's Office answered questions. Tuija Catalano, the Project Sponsor, requested the Board to uphold the Planning Department's decision. Following public comment, President Yee declared the hearing closed. Then a motion to affirm the Community Plan Evaluation (200810) was TABLED. A motion to conditionally reverse the Community Plan Evaluation (200811) was APPROVED. A motion to direct the Clerk of the Board to prepare findings reversing the Community Plan Evaluation (200812) was APPROVED. All votes were 11 ayes with Supervisor Yee presiding.
The Board began a hearing regarding the appeal of a Categorical Exemption Determination for a project at 617 Sanchez Street. Supervisor Mandelman indicated they would be making a motion to continue the hearing and associated motions to a later date. There were no speakers. President Yee closed public comment on the continuance closed. Supervisor Mandelman moved to continue the hearing and associated motions, which carried with 11 ayes.
Supervisor Peskin sponsored an emergency ordinance (200763) to temporarily prohibit construction projects in buildings with residential rental units that require the suspension of water or utility service without providing alternative sources or agreement with tenants. Supervisors Fewer and Mandelman requested to be added as co-sponsors. Ordinance No. 154-20 passed with 11 ayes.
Ordinance 136-20 related to requiring private employers with 500 or more employees to provide public health emergency leave during the public health emergency related to COVID-19 was FINALLY PASSED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee
The Board conducted a roll call for introductions, leading to a number of ordinances and resolutions being formally introduced and assigned to various committees for further consideration.
During public comment, several individuals expressed support for the Resolution supporting California State Senate Bill No. 1257, the Health and Safety for All Workers Act. Anastasia Yoganopolous expressed concerns about the United States Postal Service. Jen Kelly spoke on concerns regarding the Closed Session on labor negotiations. Speaker; expressed concerns regarding legislation that supports or opposes state or federal legislation, the presence of Members and the feed being televised during public comment.
The Board recessed to convene in closed session regarding negotiations with labor unions representing City employees and matters relating to a lawsuit filed by Hastings College of the Law. The Board reconvened and voted not to disclose the content of the closed session deliberations.
The Board passed, on first reading, Ordinance 200758: Settlement of Lawsuit - Hastings College of the Law - $0. It passed with 7 in favor and 4 opposed. Motion 200928, concurring in actions taken by the Mayor in the Twenty-Third, Twenty-Fourth, and Twenty-Fifth Supplements was APPROVED, and Motion 200929, the Closed Session - Labor Negotiations - August 18, 2020 was also APPROVED with 11 ayes each.
The Board approved the California State Senate Bill No. 1257, the Health and Safety for All Workers Act. The vote was 11 in favor.
The Board approved, AS AMENDED, a commitment to direct resources to housing for the Black community and addressing Black homelessness. The vote was 11 in favor.
The Board approved a resolution opposing changes to Title IX. The vote was 11 in favor.
The proposal would authorize the San Francisco Municipal Transportation Agency (SFMTA) to exempt certain design, construction, finance, maintenance, and real estate agreements for the development of the Potrero Yard Modernization Project from Chapters 6, 14B, 21, and 23 of the Administrative Code, but requiring the payment of prevailing wages, implementation of a local business enterprise utilization program, and compliance with the City’s local hire policy and first source hiring ordinance, as applicable, and permitting a best-value selection of the developer team if the City elects to proceed with the Project after completing its review under the California Environmental Quality Act.
The proposal would amend the Administrative Code to require sellers of multifamily residential buildings to provide a new right of first offer and right of first refusal to qualified nonprofit organizations if a multifamily residential building is not under contract or remains unsold after one year and after each year thereafter; require sellers to provide additional disclosures to qualified nonprofit organizations; provide information to current tenants, and assist qualified nonprofits with due diligence; and allow multifamily residential buildings acquired by qualified nonprofit organizations under the Community Opportunity to Purchase Act to convert to a limited equity cooperative under Subdivision Code, Division 11.
The ordinance would amend the Administrative Code to prohibit the Mayor from designating the department head as the Mayor’s designee regarding contracting decisions and other matters in which the Mayor has discretion to delegate a designee to review a department head’s proposals.
The proposal would Reenact an 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.
The ordinance would amend the Administrative Code to require the Department of Public Health to provide administrative staff to support the Behavioral Health Commission; to expand the membership criteria to conform to state law; and to reset all Commission member terms as of January 1, 2021, to be staggered so that no more than one-third of the members’ terms expire at one time.
A resolution would retroactively amend the CARES Act Housing Opportunities for Persons with AIDS Coronavirus (HOPWA-CV) Program Expenditure Plan from the United States Department of Housing and Urban Development to expend the amount of $118,179 for the period of March 15, 2020, through June 30, 2023.
The San Francisco Board will publicly support the “Make Billionaires Pay Act” proposed by United States Senator Bernie Sanders, an emergency tax on the increase of wealth of American billionaires during the COVID-19 pandemic in order to pay for all out of pocket healthcare expenses of the uninsured and under-insured, including prescription drugs, for one year.
San Francisco is resolving to support ballpark workers who are now unemployed due to COVID-19, and the unreasonable response by billionaire owners of the San Francisco Giants, who are unwilling to negotiate in good faith to support the well-being and future ballpark workers during this global pandemic.
A resolution would urge 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.
A resolution would declare the intention of the Board of Supervisors to receive and approve a final annual report for the property-based business improvement district (community benefit district) known as the “Top of Broadway Community Benefit District” for Fiscal Year 2018-2019, to disestablish the District, and to remove a multi-year assessment on all parcels in the District; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on November 17, 2020, at 3:00 p.m., on the proposed disestablishment; approving the form of the Notice of Public Hearing; and directing environmental findings.
A resolution would declare the intention of the Board of Supervisors to renew and expand a business-based business improvement district known as the “Fisherman’s Wharf Portside Community Benefit District” and levy a multi-year assessment on identified businesses in the district; approving the management district plan and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on November 17, 2020, at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballots; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing as required by law.
A resolution would declare 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.
A resolution would commemorate the 100th Anniversary of the ratification of the 19th Amendment, extending the right to vote to women in the United States.
A resolution would support California State Assembly Bill No. 2088, the Wealth Tax, authored by Assembly Member Rob Bonta, and co-authored by Assembly Members Wendy Carrillo, David Chiu, Lorena Gonzalez, Ash Kalra, Miguel Santiago, Mark Stone, Phil Ting, and Buffy Wicks, to impose an annual tax at a rate of 0.4% of a California resident’s net worth in excess of $30,000,000, or in excess of $15,000,000 in the case of a married taxpayer filing separately.
A resolution would authorize the lease of real property located at 598 Portola Drive with Twin Peaks Petroleum, Inc., a California corporation, doing business as Twin Peaks Auto Care, successor-in-interest to Michael Gharib, for an initial 25-year term at a base rent of $200,200 per year with annual adjustments of three percent, with one five-year option to extend, to commence upon approval by the Board of Supervisors and Mayor, in their respective sole and absolute discretion.
The proposal would amend Administrative Code, Chapter 28 to add a Contractor’s prohibited provision of gifts or money to a public official as an express ground for debarment and revising debarment procedures; to amend the definition of “Contractor” by expressly including grant applicants and grantees in the defined term; and to add provisions authorizing suspension of a Contractor from participating in the procurement process for entering into City contracts or applying for grants if the Contractor is the subject of a criminal or civil charge brought by a government agency against the Contractor alleging that the Contractor committed a violation of any civil or criminal law or regulation against any government entity relevant to the Contractor’s ability or capacity honestly to perform under or comply with the terms and conditions of a City contract, including but not limited to the grounds for debarment set forth in Chapter 28.
A resolution would approve the settlement of the unlitigated claim filed by Richard I. Klein and Janice T. Low against the City and County of San Francisco for $103,786.91; the claim was filed on December 21, 2019; the claim involves a cast iron water main break that caused flooding to the property.
A resolution would retroactively approve an expedited grant amendment between the City and County of San Francisco and Self-Help for the Elderly, for the administration of nutrition programs, to extend the grant agreement to December 31, 2020, and to increase the grant amount by $1,625,577 for a total not to exceed amount of $11,318,142 to commence on July 1, 2020.
A resolution would retroactively approve an expedited grant amendment between the City and County of San Francisco and Meals on Wheels of San Francisco, for the administration of nutrition programs, to extend the grant agreement to December 31, 2020, and to increase the grant amount by $2,447,467 for a total not to exceed amount of $28,675,035 to commence on July 1, 2020.
The In Memoriams of the day were: Cheryl Lazar - Supervisor Mandelman, Ronnie Goodman - Supervisor Mandelman, Hadley Dale Hall - Supervisor Mandelman, Florence Asuncion Vaquillar Noguera - Supervisor Safai, Norman Harry - Supervisor Peskin, Katherine Munter - Supervisor Peskin, James Fang - Supervisor Peskin & President Yee