San Francisco County Municipal Code Ch. 28 Administrative Debarment Procedure

Sec. 28.0. Findings. Sec. 28.1. Definitions. Sec. 28.2. Debarment and Suspension Authority. Sec. 28.3. Grounds for Debarment and Suspension. Sec. 28.4. Initiating Debarment Proceedings; Counts and Allegations. Sec. 28.5. Service of the Counts and Allegations or Suspension Order. Sec. 28.6. Request for a Hearing. Sec. 28.7. Failure to Request a Hearing or to Appear. Sec. 28.8. Appointment of the Hearing Officer. Sec. 28.9. Pre-Hearing Procedure. Sec. 28.10. Hearings and Determinations. Sec. 28.11. Term and Effect of Administrative Debarment or Order of Suspension; Violation of Order. Sec. 28.12. Publication and Reports of Debarment or Suspension.

(a) The Board of Supervisors finds that: (1) contracting with the City is an important municipal affair, and that the award of contracts to Contractors who fail to deal with the City in good faith compromises the integrity of the contracting process and results in the improper expenditure of public funds, and (2) the public contracting process is for the benefit of the public, not Contractors, and it serves the public interest to empower the City to Debar or Suspend a Contractor that has engaged in conduct that undermines the integrity of the public contracting process. (b) The Board of Supervisors recognizes that the City must afford Contractors due process in any determination that precludes any individual or business entity from participating in the contracting process. This Chapter 28 does not apply to a determination of nonresponsibility for a single contract or identifiable group of contracts, but rather to the broader determination of irresponsibility of a Contractor for the general purpose of contracting with the City for a specified period. The Board of Supervisors therefore adopts this Chapter to prescribe standard procedures for the prosecution, determination, and implementation of administrative Debarments and Suspensions. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

The following definitions apply for only the purposes of this Chapter 28: Affiliate. Any individual person or business entity related to a Contractor where such individual or business entity, directly or indirectly, controls or has the power to control the other, or where a third person controls or has the power to control both. Indicia of control include, but are not limited to: interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees or a business entity organized following the Suspension, Debarment, bankruptcy, dissolution or reorganization of a person which has the same or similar management; and/or ownership or principal employee as the Contractor. Charging Official. Any City department head or the President of any board or commission authorized to award or execute a contract under the Charter or the Administrative Code, the Mayor, the Controller, the City Administrator, the Director of Administrative Services, or the City Attorney. All Charging Officials are authorized to act on behalf of the City in prosecuting any administrative Debarment proceeding and in issuing an Order of Debarment or issuing an Order of Suspension under this Chapter 28.

City. The City and County of San Francisco. Contractor. Any individual person, business entity, or organization that submits a qualification statement, proposal, bid, or grant request, or that contracts directly or indirectly with the City for the purpose of providing any goods or services or construction work to or for, or applies for or receives a grant from, the City including without limitation any Contractor, subcontractor, consultant, subconsultant or supplier at any tier, or grantee. The term “Contractor” shall include any responsible managing corporate officer, or responsible managing employee, or other owner or officer of a Contractor who has personal involvement and/or responsibility in seeking or obtaining a contract with the City or in supervising and/or performing the work prescribed by the contract or grant. Day. A calendar day unless otherwise specified. Debarment. The administrative determination against a Contractor declaring such Contractor irresponsible and disqualified from participating in the procurement process for contracts, or from entering into contracts, directly or indirectly, with or applying for or receiving grants or other benefits from the City for a period specified in the Debarment order. Suspension. Ineligibility of a Contractor that is the subject of an arrest, indictment, or other criminal or civil charge by a governmental entity (federal, state or local), as specified in greater detail in Section 28.3(b) from participating in the procurement process for contracts or from entering into contracts directly or indirectly with, or applying for or receiving grants from, the City. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

Notwithstanding any other provision of the Administrative Code, any Charging Official shall have authority to issue Orders of Debarment or Suspension against any Contractor in accordance with the procedures set forth in this Chapter 28. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

(a) Debarment. A Charging Official shall issue an Order of Debarment for any Contractor who the hearing officer, based on evidence presented, finds to have engaged in any willful misconduct with respect to any City bid, request for qualifications, request for proposals, grant request, purchase order and/or contract, or grant award. Such willful misconduct may include, but need not be limited to the following: (1) submission of false information in response to an advertisement or invitation for bids or quotes, a request for qualifications, or a request for proposals; (2) failure to comply with the terms of a contract or with provisions of the Municipal Code; (3) a pattern and practice of disregarding or repudiating terms or conditions of City contracts or grants, including without limitation repeated unexcused delays and poor performance; (4) failure to abide by any rules and/or regulations adopted pursuant to the Municipal Code; (5) submission of false claims as defined in this Administrative Code, Chapter 6, Article V, or Chapter 21, Section 21.35, or other applicable federal, state, or municipal false claims laws; (6) a verdict, judgment, settlement, stipulation, or plea agreement establishing the Contractor’s 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 or grant; (7) an order, decision, verdict, judgment, settlement, stipulation, or plea agreement establishing the Contractor’s intentional or willful violation of any civil or criminal law or regulation governing wages or unfair labor practices, including, but not limited to, violations under California Labor Code sections 98.1, 1771.1 and 1775, San Francisco Labor and Employment Code Articles 11, 21, 111, and Section 1.4, and 29 U.S.C. § 158(a); (8) collusion in obtaining award of any City contract or grant, or payment or approval thereunder; and/or (9) the offer or provision of any gift or money to a public official, if that public official is prohibited from accepting the gift or money by any law or regulation. (b) Suspension. Any Charging Official may issue an Order of Suspension to a Contractor on the basis that the Contractor has been arrested or indicted, or become the subject of a criminal, civil or administrative complaint issued by a government entity, where the arrest or indictment, criminal, civil, or administrative complaint alleges that the Contractor has violated a 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 or grant including, but not limited to, the grounds for Debarment set forth in Section 28.3(a). (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020; Ord. 217-23, File No. 230705, App. 11/3/2023, Eff. 12/4/2023)

(a) Any Charging Official may initiate an administrative Debarment proceeding by issuing Counts and Allegations. A Charging Official may issue Counts and Allegations against any Contractor relating to any matter consistent with the grounds for debarment as stated in Section 28.3(a). A Charging Official may issue Counts and Allegations regardless whether such Charging Official awarded,

was responsible for, or was involved in any way with the underlying contract or circumstances leading to the Counts and Allegations. (b) The Charging Official shall append to the Counts and Allegations a photocopy of this Chapter 28 of the Administrative Code. Failure to append this Chapter 28, however, shall not affect the force or validity of the Counts and Allegations. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

(a) Debarment Counts and Allegations. The Charging Official shall serve the Counts and Allegations on each named individual person or business entity in a manner ensuring confirmation of delivery. For example, the Charging Officer may achieve service by United States Postal Service certified mail, return receipt requested or with other delivery confirmation, hand delivery (messenger service), or other commercial delivery service that provides written confirmation of delivery. The Charging Official shall also serve the Counts and Allegations on the Controller, City Administrator and the City Attorney. (b) Suspension Order. The Charging Official shall serve the Suspension Order on the named Contractor in a manner ensuring confirmation of delivery. For example, the Charging Officer may achieve service by United States Postal Service certified mail, return receipt requested or with other delivery confirmation, hand delivery (messenger service), or other commercial delivery service that provides written confirmation of delivery. The Charging Official shall also serve the Suspension Order on the Controller, City Administrator and the City Attorney. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

(a) Debarment Counts and Allegations. Within 15 business days after receipt of the Counts and Allegations, the Contractor may submit a written request for an administrative hearing. The Contractor may make such request through counsel or other authorized representative. The Contractor shall file any such request with the Controller with copies to the Charging Official, the City Attorney, and the City Administrator. (b) Order of Suspension. At any time during a period of Suspension, a suspended Contractor may submit a written request to the Charging Official requesting the official to lift the Order of Suspension on the grounds that the Contractor’s alleged conduct does not meet the legal requirement for Suspension, or based on facts or circumstances unknown to the Charging Official, or based on new facts, circumstances, or law. The Charging Official shall provide a written response within 14 Days. If the Charging Official’s written response declines to lift the Order of Suspension, or the Charging Official fails to provide a written response within 14 Days, the suspended Contractor may submit in writing within 7 Days a request for an administrative hearing. The suspended Contractor may make such request through counsel or other authorized representative. The suspended Contractor shall file any such request with the Controller with copies to the Charging Official, the City Administrator, and the City Attorney. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

Failure of the Contractor to submit to the City a written request to be heard within the time required by this Chapter 28, or failure of the Contractor or the Contractor’s representative to appear for a requested hearing that has been duly noticed, shall be deemed admission by the Contractor to the Counts and Allegations. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

(a) A Charging Official shall request either the Controller or the City Administrator (“City Representative”) to appoint a hearing officer for any Debarment or Suspension proceeding. If either the Controller or the City Administrator is the Charging Official, then that City Representative shall request the other to appoint the hearing officer.

(b) Within 14 Days of the Charging Official’s request, the City Representative shall appoint a hearing officer and notify the Contractor and the Charging Official of the appointment. The appointed hearing officer shall be an attorney licensed to practice in California, with not less than five years experience. The notice of appointment shall include the name of the hearing officer. The Contractor or the Charging Official may object to the appointed hearing officer within five business days of the notification. If the City Representative, at the City Representative’s sole discretion, appoints a new hearing officer, then the City Representative shall notify the Contractor and the Charging Official as soon as practicable but not more than 14 Days after receipt of the objection. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

(a) Within 14 Days of appointment, the hearing officer shall notify each Contractor named in the Counts and Allegations or Suspension Order and the Charging tt1 Official, the Controller, the City Administrator and the City Attorney of the scheduled hearing date. The hearing date shall be set at the hearing officer’s sole discretion except, for a Debarment hearing, the hearing must commence within 120 Days of the date the Charging Official served the Counts and Allegations; a Suspension hearing must commence within 30 Days of the date the Suspended Contractor requested a hearing pursuant to Section 28.6(b) 1 The hearing officer may extend the deadline for holding a hearing only upon good cause shown; proceeding as expeditiously as possible is in the public’s best interests. (b) Discovery pursuant to the California Code of Civil Procedure is not applicable to this administrative debarment or suspension procedure. (c) The hearing officer shall have the sole discretionary authority to direct any named Contractor and the ccCharging1 Official to submit in advance of the hearing statements, legal analyses, lists of witnesses, exhibits, documents or any other information the hearing officer deems pertinent. The hearing officer may request the respective parties to submit rebuttals to such information. The hearing officer may limit the length, scope, or content of any such statement, analysis, list, rebuttal, document, or other requested information. The hearing officer shall set firm due dates for all written presentations. (d) If the hearing officer determines, with the written agreement of each named Contractor and the Charging Official, that the hearing shall be by written presentation, all final writings shall be due no later than 120 Days of the date the Charging Official served the Counts and Allegations or Order of Suspension. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020) CODIFICATION NOTE

1. So in Ord. 239-20.

(a) Hearings may occur in person, on an electronic meeting platform if deemed necessary by the hearing officer, or in writing, as set forth in the foregoing Section 28.09. 1 If the hearing is to occur in person or on an electronic meeting platform, the hearing officer shall specify the time and place for the Charging Official to present the case and for the Contractor to rebut the charges. The hearing officer shall have the sole discretion to allow offers of proof, set time limitations, and limit the scope of evidence presented based on relevancy. (b) The Charging Official shall present evidence in support of the Debarment or Suspension to the hearing officer. The Contractor may present evidence in defense and/or mitigation. Each side shall be entitled to call witnesses, and the hearing officer may allow cross- examination of witnesses. The hearing officer may ask questions of any party. (c) The hearing officer shall consider the evidence submitted by the Charging Official and the Contractor. Within 14 Days of the hearing, or of the date final written presentations are due, the hearing officer shall issue Findings and a Decision. The hearing officer shall serve the Findings and Decision on the Charging Official, the named Contractor(s), and/or their respective counsels or authorized representatives, and shall submit the same to the Controller, City Administrator, and City Attorney. (d) If the hearing officer finds that the named Contractor has committed willful misconduct as described in Section 28.3 and orders a term of Debarment, the Charging Official shall issue an Order of Debarment consistent with the hearing officer’s decision. The Charging Official shall serve the Order on each named Contractor, their counsel or authorized representative, if any, the City Attorney, the City Administrator, and the Controller. An Order of Debarment under this Chapter 28 shall be the final administrative determination by the City in the matter. (e) For a Suspended Contractor, the hearing officer may consider evidence and argument by the Contractor to support its assertion that the City should terminate the Order of Suspension, provided that the Charging Official shall be entitled to offer evidence and argument in opposition to the Contractor’s assertion. If the Contractor establishes that the underlying basis of the Order of Suspension has been finally resolved without a verdict, judgment, settlement agreement or plea agreement against the Contractor, the hearing officer shall terminate the Order of Suspension. An Order of Suspension upheld by a hearing officer under this Chapter shall be the final

administrative determination by the City in the matter. Any termination of an Order of Suspension shall not preclude a Charging Officer from initiating Debarment proceedings against the Contractor based on the underlying conduct of the Suspension Order pursuant to section 28.4 following termination of the Order of Suspension. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020) CODIFICATION NOTE

1. So in Ord. 239-20.

VIOLATION OF ORDER. (a) An Order of Debarment shall provide for a term of Debarment not to exceed five years from the date of the Order. An Order of Suspension shall remain in effect until the Contractor establishes to the Charging Officer or the City Administrator that the underlying basis of the Order of Suspension has been finally resolved without a verdict, judgment, or plea agreement against Contractor. (b) At any time during the pendency of an Order of Suspension, the City may initiate debarment proceedings against the Contractor. If the City suspends and later debars a Contractor for the same underlying conduct, the period of Suspension shall count towards the period of Debarment. (c) An Order of Debarment or Suspension shall prohibit any named Contractor and the Contractor’s affiliates from participating in any contract or grant at any tier, directly or indirectly, with or for the City; any Contractor and the Contractor’s affiliates named in an Order of Debarment shall be deemed irresponsible and disqualified for the purposes of all City contracts and grants. Upon such Order, any department head, board, or commission may cancel any existing contract or grant with a Suspended or Debarred Contractor or direct the cancellation of an existing subcontract to which a Suspended Debarred Contractor1 is a party. In the event of such cancellation, the Suspended or Debarred Contractor’s recovery under the contract or grant shall be limited to compensation for work satisfactorily completed as of the date of cancellation. (d) Administrative Debarment shall neither exclude nor preclude any other administrative or legal action taken by the City against the Contractor. (e) Violation of an Order of Suspension or Debarment, such as by submission of a proposal, bid or sub-bid or grant request, during the Suspension or Debarment period, may be considered a false claim as provided in this Administrative Code and the California Government Code. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; redesignated and amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020) CODIFICATION NOTE

1. So in Ord. 239-20.

Any Order of Debarment or Suspension issued under this Chapter 28 shall be a public record. The Controller shall maintain and publish on the City’s Internet website a current list of Contractors subject to Orders of Debarment or Suspension and the expiration dates for the respective debarment terms. The Controller shall submit a semi-annual report to the Clerk of the Board of Supervisors that includes (a) the Contractors then subject to an Order of Debarment or Suspension and the expiration dates for the respective debarment terms; (b) the status of any pending debarment or suspension matters; and (c) any Order of Debarment or Suspension received by the Controller since the date of the last report. (Added by Ord. 8-04, File No. 031503, App. 1/16/2004; redesignated and amended by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020) (Former Sec. 28.12 added by Ord. 8-04, File No. 031503, App. 1/16/2004; redesignated as Sec. 28.11 by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020)

(Former Sec. 28.13 added by Ord. 8-04, File No. 031503, App. 1/16/2004; redesignated as Sec. 28.12 by Ord. 239-20, File No. 200896, App. 11/25/2020, Eff. 12/26/2020) CHAPTER 29:

FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY Sec. 29.1. Applicability of this Chapter 29. Sec. 29.2. Board of Supervisors Determination. Sec. 29.3. Information to be Submitted to the Board of Supervisors. Sec. 29.4. Board of Supervisors Procedures for Determination. Sec. 29.5. Processing of Environmental Review Application. Sec. 29.6. Resubmittal of Project. Sec. 29.7. Applicability of this Chapter to On-Going Environmental Review. Sec. 29.8. Severability.

(a) This Chapter 29 shall be applicable to any project, as defined by the California Environmental Quality Act, Public Resources Code Sections 21000 and following, as amended; and Guidelines for Implementation of the California Environmental Quality Act, as amended, appearing as Title 14, Division 6, Chapter 3 of the California Code of Regulations (hereinafter referred to collectively as CEQA), that is proposed by and under the jurisdiction of an office, board, department, commission or other unit of government of the City and County and meets both of the following criteria: (1) the cost of implementing and/or constructing the proposed project exceeds twenty-five million dollars ($25,000,000.00), and (2) The Project Sponsor reasonably estimates at the time of filing the application for environmental review that a portion of the predevelopment, planning or construction costs of the proposed project in excess of $1,000,000.00, but excluding the costs of City personnel working on such project, will be paid from public monies. For purposes of this Chapter 29, "public monies" shall mean (i) funds from the City's General Fund or funds otherwise held by any Department of the City, (ii) the proceeds of any indebtedness of the City, including without limitation revenue bonds, lease revenue bonds or certificates of participation secured by the City's General Fund or funds otherwise held by any City department, or (iii) federal or state grants or loans to, from, or through a City department, entity, or agency, or (iv) rent obligations that are reduced, waived or forgiven by the City under a lease for real property, including the fair market value of any free rent period under the lease. Revenues from tax increment financing shall not be considered "public monies" for these purposes. (b) Notwithstanding Subsection 29.1(a), no provision of this Chapter 29 shall be interpreted to grant the Board of Supervisors broader powers to set policy for a project proposed by an office, board, department, commission or other unit of government of the City and County than is granted by the City Charter or applicable state or federal law and proposed projects shall not be subject to the determination by the Board of Supervisors provided for by this Chapter 29 where the City Charter or applicable state or federal law precludes such a determination by the Board of Supervisors. (c) Notwithstanding anything to the contrary in this Chapter 29, this Chapter 29 shall not apply to the following projects: (1) Any project that has been specifically approved by the voters prior to January 1, 1998, or where more than 75% of the amount of public monies for the project will be financed with proceeds from a bond measure that the Board of Supervisors has submitted for approval to the voters and that has been approved by the voters; or (2) Any project that is the subject of a term sheet (or similar summary of key terms and conditions) or an exclusive negotiating agreement (or similar agreement setting forth a schedule and terms for proceeding towards final transactional documents), approved or endorsed by the Board of Supervisors on or after January 1, 2003, but before July 1, 2004, or that has otherwise been approved or endorsed by the Board of Supervisors during such time period; provided, however, that if the Board of Supervisors subsequently elects to withdraw such endorsement or approval, this exemption shall not apply and such project shall be subject to the terms of this Chapter 29 to the extent otherwise applicable; or (3) Any project where funds allocated or granted by the San Francisco County Transportation Authority (“SFCTA”), or other funds secured by or requiring contribution of matching or leveraged SFCTA funds, comprise more than 75% of the public monies for the project, provided that the SFCTA has reviewed and approved the plans or projects to be financed with such funds from the SFCTA; or (4) Any project that is a utility capital improvement project under the jurisdiction of the San Francisco Public Utilities Commission.; or1 (5) Any project that is a public transportation capital improvement project under the jurisdiction of the San Francisco Municipal Transportation Agency that will support an increase or improvement in Municipal Railway (“Muni”) service. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004; amended by Ord. 172-05, File No. 050817, App. 7/29/2005; Ord. 271-18, File No. 180893, App. 11/9/2018, Eff. 12/10/2018) CODIFICATION NOTE

1. So in Ord. 271-18.

(a) Prior to submittal to the Planning Department of an environmental evaluation application under San Francisco Administrative Code Chapter 31 and CEQA, the office, board, department, commission or other unit of government of the City and County proposing a project (the "Project Sponsor") shall seek and procure a Board of Supervisors determination that the plan for undertaking and implementing the project is fiscally feasible and responsible, as set forth in this Chapter 29. The Board shall consider the fiscal feasibility of the project, using the following criteria when it evaluates a project's fiscal feasibility: (1) direct and indirect financial benefits of the project to the City, including to the extent applicable costs savings or new revenues, including tax revenues, generated by the proposed project; (2) the cost of construction; (3) available funding for the project; (4) the long term operating and maintenance costs of the project; and (5) debt load to be carried by the City department or agency. The Board may consider other criteria that may be useful in evaluating a project's fiscal feasibility. (b) A determination by the Board that the plan for implementing and undertaking the project is fiscally feasible and responsible shall not include a determination as to whether the Project Sponsor or other unit of the government of the City and County should approve the project and it is the intent of the Board of Supervisors in requiring the determination to decide only whether the proposed project merits further evaluation and environmental review. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004)

The Project Sponsor shall submit to the Board of Supervisors the following documents and information concerning the proposed project: (1) A proposed resolution for consideration and adoption by the Board of Supervisors finding the plan to undertake and implement the proposed project fiscally feasible. The Mayor, Director of a Project Sponsor department, or an individual Supervisor may introduce the resolution at the Board of Supervisors. (2) The Project Sponsor shall provide information about the proposed project, including but not limited to, a general description of the project, the general purpose of the project, and a fiscal plan describing the estimated cost and all known and potential available funding sources for the project. If environmental review already has commenced for a proposed project on July 1, 2005, the applicant for environmental review shall also identify costs it has incurred for environmental review of the project so far, as well as any other costs it has incurred to date. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004; amended by Ord. 172-05, File No. 050817, App. 7/29/2005)

(a) The Board of Supervisors, in accordance with its rules of order, shall refer the proposed resolution and information to the Board committee responsible for review of fiscal measures, such as appropriation ordinances, bond issues, taxes, fees and other revenue measures. (b) In evaluating the fiscal feasibility of the proposed project, the Board may request assistance from the Budget Analyst or the Controller. The Project Sponsor may submit additional information to the Board. Based upon the criteria set forth in Section 29.2, the Board shall determine whether the project is fiscally feasible and responsible. The Board shall act by resolution by a majority vote of all its members. (c) The Board shall act as expeditiously as possible, and shall hold a public hearing regarding the fiscal feasibility of a proposed project within ninety (90) days following introduction of the resolution at the Board of Supervisors. The Board may continue its consideration of the proposal in order to receive more information from the Budget Analyst or the Controller or to further consider the proposal. Failure of the Board to hold a public hearing within such 90 day period shall not be deemed to constitute a determination that the project is fiscally feasible and responsible. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004)

(a) In the event the Board of Supervisors determines that the proposed project is fiscally feasible and responsible, the Project Sponsor may file an environmental evaluation application with the Planning Department and may undertake environmental review of the proposed project as required by CEQA and Administrative Code Chapter 31. (b) In the event the Board of Supervisors determines that the proposed project is not fiscally feasible, the Project Sponsor shall not undertake environmental review of the proposed project and the Planning Department shall not commence environmental review of the proposed project, including the necessary scoping, technical studies, and preparation of environmental documents. (c) An environmental evaluation application for a project subject to this Chapter 229 shall not be deemed complete, and the Planning Department shall not undertake environmental review of a project, unless a copy of the Board of Supervisors Resolution finding the proposed project fiscally feasible and responsible is submitted to the Planning Department. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004)

The Project Sponsor may revise or modify the proposed project and may submit it again to the Board of Supervisors for consideration pursuant to this Chapter 29 no earlier than three (3) months following a determination by this Board that the proposed project is not fiscally feasible and responsible. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004)

(a) This Chapter 29 shall apply to any proposed project that has not completed environmental review pursuant to the California Environmental Quality Act as of January 27, 2004. In the event environmental review has commenced for a proposed project, the Planning Department shall not suspend its environmental review of the project, provided that the Project Sponsor submits to the Board of Supervisors, within thirty (30) days of the effective date of this amended ordinance No. 172-05, the materials required by Section 29.3 for a determination of fiscal feasibility. If a Project Sponsor does not submit the required information within the 30-day period, the Planning department shall suspend its environmental review of the project until such materials are submitted to the Board of Supervisors. Notwithstanding any other provision in this subsection 29.7, Chapter 29 shall not apply to any project that includes affordable housing funded in whole or in part through the Mayor's Office of Housing ("MOH"), where the environmental evaluation application for such project was filed prior to January 27, 2004 and where some or all of the MOH funds have been advanced to the project prior to the Effective Date of this Chapter 29. (b) No City department or agency shall take any action to extend an existing exclusive negotiating agreement or similar agreement that has been entered into prior to the effective date of this ordinance for a project subject to this Section until the Board of Supervisors has determined that the project is fiscally feasible and responsible under this Chapter. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004; amended by Ord. 172-05, File No. 050817, App. 7/29/2005)

If any Section, paragraph, sentence, clause or phrase of this Chapter 29 is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter 29. The Board of Supervisors declares that it would have passed each section, paragraph, sentence, clause or phrase of this Chapter 29 irrespective of the fact that any portion of this Chapter 29 could be declared unconstitutional, invalid or ineffective. (Added by Ord. 104-04, File No. 040146, App. 6/4/2004) CHAPTER 29A: APPROVAL OF POWER PLANT; PLANNING CODE SEC. 303(q) CRITERIA

SEC. 29A.1. The Board of Supervisors shall not approve any Power Plant (as defined in Planning Code Section 102), including approval of project funding and contract approvals, unless it finds that the Power Plant is consistent with the criteria set forth in Planning Code Section 303(q). (Amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)