Well come back. Supervisor preston okay, we see you, but there is sound difficulty. Ill let operations know that. We see that you did say aye present. Supervisor peskin madame clerk, supervisor peskin is present. Supervisor ronen present. Supervisor safai present. Supervisor stefani present. Supervisor walton present. President yee present. Clerk all members are present. President yee okay. Supervisor preston, are you able to get on . Clerk we see him, but we dont hear sound. President yee maybe he can get help from somebody. Clerk yes, ill work on it. President yee thank you. Please place your right hand over your heart. Would you please join me in the pledge of allegiance . I pledge allegiance to the flag of the United States of america, and to the republic, for which it stands, indivisible with liberty and justice for all. Thank you. On behalf of the board, i would like to acknowledge the staff at sfgovtv. Who records the meetings and makes the transcript available to the public online. Are there any communications. During the covid19 health emergency, members of the board participated in this meeting remotely through live Video Conference to the same extent as though physically present in their legislative chamber. The board recognizes that the Novel Coronavirus has made the need for Public Access more acute and believes its essential that all communities with and without the internet will have the following options to be able to participate remotely in this meeting. We will accept your correspondence. If youre sending by u. S. Mail, address the envelope to San Francisco board of supervisors, city hall, 1 Carlton Goodlett place, San Francisco, california. If youre sending via email, send it to bos at sf gov. Org. You can watch on 26. Due to a broadcasting delay when youre ready to provide testimony, make sure you turn down your television. Instead, to listen to the proceedings, you can use your touch phone. You can listen and provide Public Comment. Telephone number is 14156550001. When you hear the prompt, enter the meeting i. D. , 146 750 0645. Youll have joined the proceedings as a listener. Were working hard not to leave anyone out of the proceedings and if youre experiencing connectivity issues, we have someone standing by at the clerks office. He can help you in live time. We have interpreters present. Will the interpreters please introduce yourselves in succession in language to let the Community Know youre here to assist them with Public Comment. Agnes lai [speaking foreign language] [speaking foreign language] thank you. [speaking spanish] [speaking spanish] [speaking foreign language] [speaking foreign language] interpreter [speaking foreign language] [speaking foreign language] thank you so much, madame clerk. Clerk thank you. President yee okay. Thank you, madame clerk. Before we get started, a friendly remy der for all the supervisors to mute your microphones when youre not speaking to avoid audio feedback. Supervisor preston, a sound check . Supervisor preston yes, thank you, can you hear me this time . President yee perfect, perfect. Now you can mute yourself [laughter]. Madame clerk, i understand we have received an aecccommodatio request from the member of the public who wishes to provide Public Comment. Well open Public Comment at this time for the individual. Madame clerk, is the person ready . Clerk yes, mr. President , he is. Operations, please unmute the speaker. My name is im a disability advocate. Despite what the board these are not Public Meetings and this is coronavirus pandemic. The disabled seniors, people with low vision, are excluded. Were not allow to visually participate due to limitations in the microsoft system that is set up. And it doesnt matter what is said here, this is not a public meeting. The minutes are being censored. [inaudible] what i said was that Text Messages between mayor breed and chief scott of the San FranciscoPolice Department were exchanged article documenting numerous 911 phone calls about the homeless being present on our streets. The mayor calling and calling the police chief and using our text to submit these complaints repeatedly. This is [inaudible] that be changed [inaudible] additionally, wait 25 minutes on hold to leave a Public Comment as a disability accommodation. That 25minute hold period is clearly an effort to participate here as well as other members of the public. And additionally, there is no information on the meeting website that disabled people can call in for disability accommodations. It just says services which is not the same thing. Lastly, i want to speak in support of dean preston and his legislation to ban nofault evictions during the pandemic. That is a great move forward as well as waltons legislation for the act to stop 911 harassment phone calls based on racial profiling. President yee thank you, caller. Madame clerk, were arranging this accommodation. Today, were approving the Meeting Minutes from the august 12, 2020 rescheduled budget and appropriation meeting and the august 13, 2020 and august 14, 2020 Meeting Minutes at the special budget and Appropriations Committee meetings which constituted quorums of the board of supervisors. Is there any changes to these Meeting Minutes . Okay. Seeing none, can you can i have a motion to approve the minutes as presented . Supervisor peskin so moved. President yee moved by ronen and seconded by peskin. Madame clerk, could you call the role. Clerk yes. On the minutes, supervisor preston . Supervisor preston aye. Supervisor ronen aye. Supervisor safai aye. Supervisor stefani aye. Supervisor walton aye. President yee aye. Supervisor fewer aye. Supervisor haney aye. Supervisor mandelman aye. Supervisor mar aye. Supervisor peskin aye. There are 11 ayes. President yee without, objections will be approved after Public Comment as presented. Madame clerk, lets go to the consent agenda. Please call items 1 through 25. 1 through 25 are on consent. These items are considered to be routine. If a member objects, an item may be removed and considered separately. President yee okay. I dont see anybody on the roster, so madame clerk, please call the roll on items 1 through 25. Clerk on items 1 through 25, supervisor preston . Supervisor preston aye. Supervisor ronen aye. Supervisor safai aye. Supervisor stefani aye. Supervisor walton aye. President yee aye. Supervisor fewer aye. Supervisor haney aye. Supervisor mandelman aye. Supervisor mar aye. Supervisor peskin aye. There are 11 ayes. President yee all right. The ordinance are passed unanimously. Now that we have gone through 25 items already, we have about 80 more. Madame clerk, can you please call items 26 through 28 together. Clerk items 26 through 28, comprise the motion to affirm the categorical exemption from further Environmental Review as determined by the planning department. The motion to conditionally reverse the categorical exemption determination. The preparation of finding to reverse the categorical exemption. All for 178 seacliff avenue. Its important to note that the items had their Public Comment requirement satisfied during the Board Meeting of september 15 and were continued to today for consideration by the board. President yee thank you. We have before us the motion for an appeal for the proposed project as 178 seacliff avenue, which we heard and filed during our meeting last week as madame clerk just mentioned. This is related to the planning departments review that the project is exempt from the categorical quality act. Supervisor stefani, do you have comments you would like to make . Supervisor stefani yes. Colleagues, last week i requested a oneweek continuance of the proposed project at 178 seacliff avenue. I said at the time and before that its important we get this right. I requested the continuance because i thought supervisor peskin and mandelman raised questions i felt needed clarification. Today i would like to ask the City Attorney to clarify some points for the record. The first question, do we have the attorney jensen here . Yes, you do. Supervisor stefani i want to thank, too, supervisor peskin for working with me and working out all of the issues that were raised. Just for the record, City Attorney general, can you explain the difference between a Historic Resource and contributor to a Historic District . Yes, through the chair. Ceqa defines Historic Resource to include a number of items, in particular, that list includes a resource that is listed in or determined eligible to be listed in the california register of Historic Resources. In this case, as i believe all the members of the board know, the seacliff neighborhood is eligible to be listed in the california register of Historic Resources and, therefore, the department has determined that the seacliff district is a Historic Resource in this case. So i know there was some discussion last week about whether it was the individual properties or the neighborhood itself, which was the Historic Resource. But in this case, based on the language of ceqa, its the district that is the Historic Resource. An individual house can be an individually identifiable ceqa resource, but in this case, it is the district itself, the group of approximately 230 homes that is the resource that is being analyzed for ceqa purposes. Supervisor stefani thank you. Another question that came up, what about future construction, impacts and wondering if ceqa allows you to speculate about future impacts to the district and standard of foreseeable reasonable plays into that . Again, the answer is, no, ceqa forbids speculation of the kind that youre suggesting here. This comes up in the context of impact, which is one of the exceptions to the use of exemptions under ceqa. And cumulative impact can be looked at, but there must be impacts that are looked at in terms of present, future and reasonably foreseeable future projects. So ceqa specifically limits the kind of future speculation you can do. So, for example, the board cant consider whether it might be possible that some day down the road a speculator could buy an entire block of properties in this neighborhood and propose to raise all the houses. That is not reasonably foreseeable and probable under ceqa. If you knew that had been proposed and permits were in the pipeline, that would be something that could be considered, but ceqa doesnt allow that kind of speculation, because its not reasonably foreseeable. Supervisor stefani thank you. And finally, with with regard to what is before us today, will this change or damage the Historic District . No, and thats a determination made based on the facts before the department. The department has determined for a variety of reasons the loss of this particular contributor will not damage the Historic Resource as a whole and that is because this contributor does not in itself display characterdefining features that make it particularly important example of the features of the district, for example. As an example, if you were looking at the civic center Historic District and you proposed to eliminate a small feature, such as a statue, you can imagine that wouldnt eliminate or damage the history of the overall civic center Historic District, but if somebody proposed to destroy city hall which is sort of the centerpiece of that district, that would have a much more Significant Impact on the district. Here we have a house, not a particularly good example of the work by the architect who designed it. And the home itself is a mixture of architectural styles and does not show the kinds of attributes that are important for the delineation of this district as determined by the department. Supervisor stefani thank you. I dont have any further questions. I feel that we went through all of them in the interim. And it is my opinion this project complies with the planning code and the residential guidelines to map, height, scale with the street and is compatible for the forms and features of the surrounding buildings, setbacks and lot sizes and Neighboring Properties and will provide plenty of space for light and privacy. A number of important questions were raised last week. Today, we heard the answers from the attorney jensen. One of the questions raised was whether the demolition of the existing home which is recognized as a contributor to an eligible Historic District is automatically a Significant Impact under ceqa. The answer is no, this is simply not the law. Ceqa requires us to look at why the existing home is considered a contributor to a Historic District. The reason this home is a contributor because it was built at the time this district was developed. And it contributes to the broader pattern of development of the district. It was asked at what point could removal of the contributor cause Significant Impact on the Historic District . The question of impact is made on a case by case basis and the district comprised of around 300 contributors, it is clear that the removal of one is not going to affect the integrity and defining characteristics of the district. When the Historic District is the Historic Resource as is the case here, the question is whether the project as a whole, the demolition of the existing home and the construction of the new home, would cause a substantial adverse change to the Historic District . In other words, the project would need to render the entire district no longer eligible for listing in the california register. In this case, the answer is that it does not. With the answers to these questions clear with me, im now certain that the scope of environmental and historic review of this project was correct and i would like to move items 26 forward and table 27 and 28. President yee supervisor peskin . Supervisor peskin thank you, president yee and supervisor stefani. Just for the purpose of moving this conversation forward, i will second supervisor stefanis motion. Let me just start by thanking supervisor stefani for engaging me and deputy City Attorney jensen yesterday for what you all just heard right now. And i still believe that this is rich people on rich people violence. And i still believe that this is the unnecessary removal of a structure that probably has old growth redwood, but has become abundantly clear as a matter of law that is not a consideration for us under ceqa. The questions that i dont want to put words in supervisor mandelmans mouth, but the questions that we asked last week with record to the status of the contributor to a potential district, i ran the City Attorney and supervisor stefani through the paces about yesterday and got satisfactory answers. And those answers fundamentally are that this particular individual structure is not worthy as a contributor to a district. And we used a lot of analogies and the deputy City Attorney jensen spoke to some of those. We used much more graphic analogies in our conversation, if you cut off a foot and leg, when does a body stop being a body . But i will say that i think as to this particular individual case, the questions have been asked and adequately answered and so i am thank you, supervisor stefani, for putting up with myself and supervisor mandelman. Its very rare that in a ceqa case anybody goes across district borders, but making sure that the best of the rest, our Historic Resources and designated and potential districts are treated and remain with integrity is profoundly important. So, thank you. And with that, i believe we have come to the right conclusion here. I was very moved by mr. Maps or at least animated by mr. Knapps remarks last week which took me down this trail. But i do believe this in this particular case the historic merits of this particular building at 178 do not rise to the level and, therefore, i am happy to second supervisor stefanis motion. Supervisor fewer yes. Thank you, president yee. I want to just say in the discussion that happened last week, this is the district that borders my district. Most people that live in the seacliff have a strong affliction to my district. I am in that district a lot. I walk through it a lot. I have a lot of friends that live there. I think the discussion last week, the thing that struck me was the conversation with supervisor mandelman. Because i think i see a little differently. I see it that there goes one, there goes another, there goes another and there goes another. And i concur with what supervisor peskin said. Then when do you start cutting off a arm, leg, foot, finger, and no longer have a body . In this particular neighborhood, there is a feeling in that neighborhood, it is and it is defined by these homes that are older. And they are large. And it is a singlefamily home and replacing another singlefamily home i know, and doesnt gi