Imperium

The meeting minutes highlight the protocols in place for remote access and participation in Board of Supervisors meetings due to the COVID-19 pandemic. Governor Newsom’s Executive Order N-33-20 and Mayor Breed’s Proclamation of a Local Emergency issued on February 25, 2020, led to aggressive directives aimed at reducing the spread of COVID-19. As such, the Board authorized remote meetings on March 17, 2020, allowing for public comment via teleconference. The minutes direct the public to SFGovTV for live streams and on-demand viewing. Detailed instructions for teleconferencing are available on the SFBOS website. Public comments can be submitted via email ([email protected]) or U.S. Postal Service. Agendas and associated documents are at https://sfbos.org/meetings/42, and the public is advised to check www.sfbos.org for updates on how the COVID-19 situation affects the legislative process. The Clerk of the Board’s office can be contacted at (415) 554-5184 for more information.

Angela Calvillo, Clerk of the Board, explained the procedure for remote participation due to COVID-19. Board members are participating via videoconference, equivalent to being physically present. Members of the public can provide live comments for up to two minutes by dialing a provided telephone number and dialing *3 to join the queue. They are instructed to call from a quiet location, speak clearly and slowly, and mute their television or radio. Written comments can be submitted via email ([email protected]) or via U.S. Postal Service to City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Clerk Calvillo also noted that an ADA request was received to allow a member of the public to provide public comment at the beginning of the meeting, which was granted by President Yee.

Zach Karnazes voiced concerns regarding the accessibility of Board meetings for disabled individuals without internet or telephone access. He also alleged censorship of public comment in the Board's Minutes, specifically the exclusion of references to the Board's ADA Coordinator.

President Yee inquired about any corrections to the Board of Supervisors Meeting Minutes from July 21, 2020, and July 28, 2020. Hearing no requests for corrections, Supervisor Peskin, seconded by Supervisor Fewer, moved to approve the minutes. The motion carried with a vote of 11-0, following general public comment.

The Board approved Ordinance No. 163-20, authorizing the settlement of a 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, totaling $2,161,773. The lawsuit, filed on July 5, 2012, in Sacramento County Superior Court (Case No. 34-2012-00127517), alleged violations of the California False Claims Act by Verizon Wireless and AT&T Mobility National Accounts LLC. (City Attorney). The ordinance finally passed.

The Board approved Ordinance No. 160-20, sponsored by Supervisor Peskin, which amends the Administrative Code. This amendment designates the Northern California Chapter of the Society of Professional Journalists as the nominating body for the journalist seat on the Sunshine Ordinance Task Force. This seat is specifically designated for a journalist from a racial/ethnic-minority-owned news organization and modifies the qualifications for that seat. The ordinance finally passed.

The Board approved Emergency Ordinance No. 162-20, sponsored by Supervisors Ronen, Mar, Yee, Walton, Haney, and Preston, which temporarily protects workers from adverse action if they test positive for COVID-19, are isolating or quarantining, or have previously isolated or quarantined due to COVID-19 symptoms or exposure. It also protects applicants from discrimination if they test positive, are isolating, quarantining, or have previously isolated or quarantined, due to COVID-19 symptoms or exposure. Supervisors Mandelman and Preston were added as co-sponsors. The ordinance finally passed with a vote of 11-0.

The Board heard an appeal (File No. 200800) regarding the Revised Final Mitigated Negative Declaration for the 3516 and 3526 Folsom Street Project, identified in Planning Case No. 2013.1383ENV, issued by the Planning Department on March 25, 2020. Kathleen Angus, representing the Bernal Heights South Slope Organization, filed the appeal on April 24, 2020. Supervisor Ronen proposed a motion to continue the hearing and associated motions to September 15, 2020. Herb Feltzmanfell and Kathy Midas spoke on concerns regarding the continuance. Ultimately, Supervisor Ronen, seconded by Supervisor Preston, moved to continue the hearing to the Board of Supervisors meeting of September 15, 2020, and the motion carried by a vote of 11-0.

The Board considered a motion (File No. 200801) to affirm the Revised Mitigated Negative Declaration prepared by the Planning Department for the proposed project located at 3516 and 3526 Folsom Street. Supervisor Ronen, seconded by Supervisor Preston, moved to continue this motion to the Board of Supervisors meeting of September 15, 2020, and the motion carried by a vote of 11-0.

The Board considered a motion (File No. 200802) to conditionally reverse the Revised Mitigated Negative Declaration prepared by the Planning Department for the proposed project located at 3516 and 3526 Folsom Street, subject to the adoption of written findings of the Board in support of this determination. Supervisor Ronen, seconded by Supervisor Preston, moved to continue this motion to the Board of Supervisors meeting of September 15, 2020, and the motion carried by a vote of 11-0.

The Board considered a motion (File No. 200803) directing the Clerk of the Board to prepare findings reversing the Planning Department's preparation of a Revised Mitigated Negative Declaration for the proposed project located at 3516 and 3526 Folsom Street. Supervisor Ronen, seconded by Supervisor Preston, moved to continue this motion to the Board of Supervisors meeting of September 15, 2020, and the motion carried by a vote of 11-0.

The Board held a hearing (File No. 200883) on the appeal of the Planning Department's determination of a statutory exemption from environmental review for the Municipal Transportation Agency's (MTA) Slow Streets, Phase 1 project. The appeal was filed by Mary Miles on behalf of the Coalition for Adequate Review. Mary Miles provided an overview of the appeal and requested the Board to approve it. Jimmett Bravedo, Jeff, Jerry Durango, David Pilpel, Joanne, Wesley, and another speaker spoke in support of the appeal. Laura Lynch from the Planning Department provided an overview of the Planning Department's decision and responded to questions. Shannon Hake from the MTA provided an overview of the project and requested the Board to uphold the Planning Department's decision. Robert Fuqman, Kristen Chech, Barker Dale, and Dave Alexander spoke in support of the project and in opposition to the appeal. Mary Miles provided a rebuttal and reiterated her request to approve the appeal. President Yee closed public comment and declared the public hearing heard and filed.

The Board considered a motion (File No. 200884) affirming the determination by the Planning Department that the proposed Municipal Transportation Agency's Slow Streets, Phase 1 project is statutorily exempt from environmental review. Supervisor Preston, seconded by Supervisor Peskin, moved that this Motion be APPROVED, and the motion carried by a vote of 11-0.

The Board considered a motion (File No. 200885) conditionally reversing the determination by the Planning Department that the proposed Municipal Transportation Agency's Slow Streets, Phase 1 project is statutorily exempt from environmental review, subject to the adoption of written findings of the Board in support of this determination. Supervisor Preston, seconded by Supervisor Peskin, moved that this Motion be TABLED, and the motion carried by a vote of 11-0.

The Board considered a motion (File No. 200886) directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed Municipal Transportation Agency's Slow Streets, Phase 1 project is statutorily exempt from environmental review. Supervisor Preston, seconded by Supervisor Peskin, moved that this Motion be TABLED, and the motion carried by a vote of 11-0.

The Board discussed Emergency Ordinance No. 200762, sponsored by Supervisor Peskin, Ronen, Preston, Safai, and Haney, which re-enacts emergency ordinance (Ordinance No. 84-20) establishing protections for occupants of residential hotels ("SRO Residents") during the COVID-19 pandemic. Protections include: City policy to place SRO residents who meet isolation/quarantine criteria in solitary hotel rooms, a Department of Public Health protocol to assist health care providers in identifying SRO residents who may require protection, notification to residential hotel operators when an SRO resident tests positive, a telephone hotline for SRO residents, face coverings for SRO residents and workers, and daily aggregate data on COVID-19 among SRO residents. Supervisors Safai and Haney were added as co-sponsors. Supervisor Peskin, seconded by Supervisor Stefani, moved to amend the ordinance with an amendment of the whole bearing the same title. The motion carried. The amended ordinance finally passed with a vote of 11-0.

The Board reviewed Ordinance No. 200764, sponsored by Supervisors Peskin and Safai, which amends the Health Code to establish cleaning and disease prevention standards and practices in tourist hotels and large commercial office buildings to help contain COVID-19, or other contagious public health threats. It requires training related to these standards for employees, provides certain protections to employees as they perform cleaning duties, and prohibits retaliation against employees for refusing to perform work under unsafe conditions or for reporting such conditions or exercising rights protected by the Ordinance. The Office of Labor Standards Enforcement is authorized to enforce the employee rights and protections, and the Department of Public Health can administratively enforce the standards, with financial penalties and civil actions authorized by City and state law.

Several members of the public provided comments on a range of issues: a speaker opposed the Resolution condemning arrests in Belarus; Linda Chapman expressed concerns about affordable housing and placing the homeless in hotels; Mina and another speaker supported legislation on tenant organizing; George Living, Gloria Jimenez, Charles Hend, Anastasia Yoganopolous, Tess Wellborn, David Bancroft, Jack Regal, Katherine Howard, and another speaker supported a resolution urging ABAG to focus on affordable housing; Barry Toronto raised concerns about a speaker at the Republican National Convention, the taxi station at the Airport, and relief for taxi medallion holders; Gilbert Crisswell discussed limited public transportation access; David Pilpel shared thoughts regarding the In Memoriam for Mary Burns; Dan Voight, Sara Oglesby, Theo Gordon, Cliff Barter, Adam Duncan, and several other speakers expressed opposition to a resolution regarding ABAG and affordable housing; Peter Warfield raised concerns about the Arts Center at City College and library services; Theresa Flandrick supported the ABAG resolution; multiple speakers expressed concerns about transparency and amendments to legislation, as well as transportation issues; Rich Fonker, Kenneth Russell, Trudy Tristan, Adam Brockenheimer, Sadiq Fraschan, Mike Chen and other speakers also voiced opposition to the ABAG resolution; Fernando Marti, Madeline McMullen, Ken Rachnow, Greg Miller and other speakers voiced support for the ABAG resolution; and another speaker raised concerns about censorship of vulgar language during public comment.

The Board adopted Resolution No. 387-20, sponsored by Supervisor Preston, Ronen, Walton, Mar, Mandelman, Peskin, Stefani, Fewer, Haney, Yee, and Safai, proclaiming September 15, 2020, through September 22, 2020, as the Fifth Annual San Francisco Affordable Housing Week in the City and County of San Francisco. Supervisor Safai requested to be added as a co-sponsor. The resolution was adopted with a vote of 11-0.

The Board discussed Resolution No. 200955, sponsored by Supervisor Mar, Ronen, Walton, Preston, Fewer, Mandelman, and Peskin, urging the Association of Bay Area Governments (ABAG) 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 Mandelman and Peskin requested to be added as co-sponsors. Supervisor Mar moved to amend the Resolution, which carried. The amended resolution urges ABAG to focus on San Francisco’s unmet needs, counteract displacement, prioritize increases to the region’s above-moderate RHNA allocation in high resource and high opportunity jurisdictions, and limit increases in above-moderate RHNA allocations to Bay Area cities with concentrations of Sensitive Communities. Initially, the amended resolution was referred to the Government Audit and Oversight Committee. However, Supervisor Peskin moved to rescind the previous vote, which carried. Ultimately the amended resolution was REFERRED to the Government Audit and Oversight Committee after another motion. During the discussion, Supervisor Stefani was noted absent due to technical issues between 6:32 p.m. and 6:36 p.m.

The Board discussed Resolution No. 200981, sponsored by Supervisor Peskin and Mandelman, condemning the arrests of peaceful protesters in Belarus prior to and following the August 9, 2020, presidential election, which has been widely decried as rigged and illegitimate, and declaring support for the Belarusian community across the San Francisco Bay Area. Supervisor Mandelman requested to be added as a co-sponsor. Supervisor Peskin moved to amend the Resolution, which carried. The amended resolution, Resolution No. 386-20, was then adopted with a vote of 11-0.

The Board discussed Resolution No. 200984, sponsored by Supervisor Safai, Peskin, Mandelman, Walton, Mar, Preston, Ronen, Stefani, Fewer, Haney, and Yee, urging the Department of Public Health and San Francisco-based public and private hospitals to not apply for any State waivers granting a reduction in existing patient-to-nurse ratios. All co-sponsors listed requested to be added. Resolution No. 388-20 was then adopted with a vote of 11-0.

Mayor and Supervisor Ronen introduced Ordinance No. 201005, amending the Administrative Code to cover employees regularly assigned to work at City facilities located in Tuolumne, Stanislaus, and San Joaquin counties under the Regional Disaster Employee Support Program. This ordinance was assigned to the Rules Committee.

The Mayor introduced Ordinance No. 201006, appropriating $149,750,000 of Certificates of Participation proceeds for the Department of Public Health to fund improvements to facilities for the 101 Grove Exit Project and the San Francisco General Hospital Chiller and Cooling Tower Replacement Project in Fiscal Year (FY) 2020-2021, placing these funds on Controller’s Reserve pending the sale of the Certificates of Participation. This ordinance was assigned to the Budget and Finance Committee under the 30-day rule.

The Mayor introduced Ordinance No. 201007, authorizing the execution and delivery of Certificates of Participation, in one or more series on a tax-exempt and/or taxable basis and from time to time, evidencing and representing an aggregate principal amount not to exceed $157,000,000 to finance and refinance certain capital improvement projects, including but not limited to certain projects generally known as the Homeless Services Center, Laguna Honda Hospital Wings K&M Reuse Project, AITC Immunization and Travel Clinic Relocation, and San Francisco General Hospital Chiller and Cooling Tower Replacement Project, approving the form of a Supplement to Trust Agreement between the City and County of San Francisco and U.S. Bank National Association, as trustee (“Trustee”) (including certain indemnities contained therein); approving respective forms of a Supplement to Property Lease and a Supplement to Project Lease, each between the City and the Trustee for the lease and lease back of certain real property and improvements located at 375 Laguna Honda Boulevard and 1 Moreland Drive, San Bruno, or other property as determined by the Director of Public Finance; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the Certificates of Participation; approving the form of an Official Statement in Preliminary and Final form; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, sale, execution and delivery of the Certificates of Participation; approving modifications to documents; and ratifying previous actions taken in connection therewith, as defined herein. This was assigned to the Budget and Finance Committee under the 30-day rule.

The Mayor introduced Ordinance No. 201008, amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units meeting certain requirements in single-family and multifamily buildings, 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. This ordinance was assigned to the Land Use and Transportation Committee under the 30-day rule.

Supervisor Mandelman introduced Ordinance No. 201009, amending the Business and Tax Regulations Code to suspend the imposition of the Cannabis Business Tax through December 31, 2021. The ordinance also increases the exemption of gross receipts attributable to the City from cannabis business activities, from the first $500,000 to the first $1,000,000 beginning January 1, 2022, and increases the upper range of gross receipts attributable to the City from cannabis business activities subject to the 2.5% tax rate on gross receipts from retail sales and the 1% tax rate on gross receipts from other than retail sales, from $1,000,000 to $1,500,000. This ordinance was assigned to the Budget and Finance Committee under the 30-day rule.

The Mayor introduced Resolution No. 201010, approving the form of and authorizing the distribution of a preliminary Official Statement relating to the execution and delivery of City and County of San Francisco Certificates of Participation for the Animal Care & Control Project, and authorizing the preparation, execution and delivery of a final Official Statement, and modifying and ratifying the approvals and terms and conditions of a previous Resolution, and related matters, as defined herein. This was assigned to the Budget and Finance Committee.

Supervisor Fewer introduced Resolution No. 201011, levying property taxes at a combined rate of $1.19846368 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco County Office of Education, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District, and establishing a pass-through rate of $0.0756 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2021. This was assigned to the Budget and Finance Committee.

Supervisors Haney and Mandelman introduced Resolution No. 201012, supporting ongoing, direct cash payments to residents throughout the pandemic and until our economy recovers, and for the Board of Supervisors to support launching local guaranteed income programs. It was referred for adoption without committee reference agenda at the next Board meeting.

Supervisor Preston introduced Resolution No. 201013, approving for purposes of Internal Revenue Code, Section 147(f), the Issuance and Sale of Revenue Obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $20,000,000 to finance the acquisition, construction, renovation, rehabilitation, improvement and/or equipping of educational and related facilities to be owned and operated by San Francisco Day School, a California nonprofit public benefit corporation. It was assigned to the Budget and Finance Committee.

Supervisor Walton, Fewer, Peskin, Yee, Preston, Haney, Safai and Mandelman introduced Resolution No. 201014, supporting California State Assembly Bill No. (AB) 1185, authored by Assembly Member Kevin McCarty, and co-authored by Senator Holly Mitchell, Assembly Members Autumn Burke, Mike Gipson, and Christopher Holden, to authorize each county to establish a sheriff oversight board and urging Governor Gavin Newsom to sign AB 1185. It was referred for adoption without committee reference agenda at the next Board meeting.

Supervisor Walton, Ronen, Fewer, Preston, Haney, Safai and Stefani introduced Resolution No. 201015, supporting the creation of a K-12 Black Studies curriculum that honors Black lives, fully represents the contributions of Black people in the global society, and advances the ideology of Black liberation for Black scholars in the San Francisco Unified School District. It was referred for adoption without committee reference agenda at the next Board meeting.

Supervisor Yee introduced Motion No. 201018, concurring in actions taken by the Mayor in the Twenty-Sixth Supplement to the Proclamation of Emergency to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic. It was referred for adoption without committee reference agenda at the next Board meeting.

The Board introduced Motion No. 201019 adopting findings to reverse the determination by the Planning Department that a proposed project at 2300 Harrison Street is exempt from further environmental review under a Community Plan Evaluation. It was referred for adoption without committee reference agenda at the next Board meeting.

Supervisors Yee; Mandelman, Haney, Walton and Fewer requested a hearing on the current services, programs, and accessibility of mental health care for children and youth; and requesting the Department of Children, Youth and Their Families, San Francisco Unified School District, Department of Public Health, Human Services Agency, and City College of San Francisco to report. Was assigned to the Joint City, School District, and City College Select Committee