Board of Supervisors Minutes: November 1, 2022

220945 [Plumbing Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Plumbing Code in its entirety and enacting a 2022 Plumbing Code consisting of the 2022 California Plumbing Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing an operative date of January 1, 2023; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) Ordinance No. 230-22 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

mber 1, 2021, to 1) extend the program through June 30, 2023; 2) increase the gross receipts permissible for a business to qualify for the tax and fee waiver from $2,000,000 to $5,000,000; 3) remove the requirement that the business be located on the ground floor; (4) expand the business types covered by the waiver from commercial businesses in certain Planning Code categories to all commercial businesses; 5) extend the period for refunds to the later of one year from the date of payment or June 30, 2023; 6) revise the procedures for challenging Tax Collector determinations that a business improperly claimed a waiver under this Ordinance; 7) increase the gross receipts above which the waiver would be retroactively revoked from $10,000,000 to $15,000,000 in the calendar year of, or in any calendar year during the three full calendar years following, the date the business commenced business within San Francisco or opened a new business location for commercial use; and 8) make other administrative and reporting changes, as defined herein. (Fiscal Impact) Supervisors Dorsey, Mandelman, Mar, and Stefani requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

221003 [Administrative Code - Low-Value Real Property and Possessory Interest Tax Exemptions] Sponsors: Stefani; Mandelman Ordinance amending the Administrative Code to exempt from property taxation real property valued at $500 or less and possessory interests valued at $4,000 or less, beginning in the 2023-2024 assessment year. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

220931 [Real Property Lease Extension - SFII 1390 MARKET ST, LLC - 1390 Market Street - Not to Exceed $4,959,042 in Initial Year] Resolution approving a lease amendment extending the term from January 1, 2023 to the date that is 5 years after the completion of certain tenant improvements for approximately 75,137 square feet at 1390 Market Street (Fox Plaza), with SFII 1390 MARKET ST, LLC as Landlord, for use by the Office of the City Attorney, at an initial annual rent of $4,959,042 (or $413,253.50 per month) with 3% annual increases thereafter, and City contributing $1,600,000 toward the cost of the tenant improvements; and approving the continued use of a portion of the premises for childcare services. (Real Estate Department) (Fiscal Impact) Resolution No. 460-22 ADOPTED by the following vote:

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

220973 [Accept and Expend Grant - Retroactive - California Board of State and Community Corrections - Public Defense Pilot Program - $1,194,950] Sponsors: Mayor; Ronen Resolution retroactively authorizing the Public Defender’s Office to accept and expend a grant in the amount of $1,194,950 from the California Board of State and Community Corrections, to comply with Penal Code, Sections 170(d)/1170.03/1172.1, 1170.95/1172.6, 1473.7 and 3501’s mandate to use these funds to support the resentencing of individuals, for the period March 1, 2022, through March 1, 2025. (Public Defender) Resolution No. 461-22 ADOPTED by the following vote:

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

220989 [Airport Professional Services Agreement - SFO Hotel Shuttle, Inc. - Airport Shuttle Bus Services - Not to Exceed $72,612,418] Resolution approving a Professional Services Agreement for Airport Contract No. 50303 to provide shuttle bus services at the San Francisco International Airport (Airport), between SFO Hotel Shuttle, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $72,612,418 for a period of five years to commence upon Board of Supervisors approval, pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 464-22 ADOPTED by the following vote:

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

220991 [Contract Agreement - Retroactive - California Department of Health Care Services - Substance Use Disorder Services - Not to Exceed $248,687,500] Sponsors: Safai; Dorsey Resolution retroactively approving Agreement No. 22-20154, between the Department of Public Health, Behavioral Health Services and the California Department of Health Care Services, to provide substance use disorder services, for an amount not to exceed $248,687,500 for the five year term of July 1, 2022, through June 30, 2027; and to authorize the Department of Public Health to enter into amendments or modifications to the agreement prior to its final execution by all parties that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the agreement or this Resolution. (Public Health Department) Privilege of the floor was granted unanimously to Ana Validzic and Max Rocha (Department of Public Health) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Stefani, moved that this Resolution be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote:

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

220725 [Board Response - Civil Grand Jury Report - A Progress Report about the San Francisco Department of Homelessness and Supportive Housing] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2021-2022 Civil Grand Jury Report, entitled “A Progress Report about the San Francisco Department of Homelessness and Supportive Housing;” and urging the Mayor to cause the implementation of accepted findings and recommendations through her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 456-22 ADOPTED by the following vote:

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

220132 [Memorandum of Understanding - Retroactive - Urban Areas Security Initiative] Sponsor: Mayor Resolution retroactively approving a Memorandum of Understanding (MOU) with the Cities of Oakland and San Jose and the Counties of Alameda, Contra Costa, Marin, Monterey, San Mateo, Santa Clara and Sonoma that provides governance structures and procedures for application, allocation and distribution of federal Urban Areas Security Initiative (UASI) grant funds to the Bay Area Urban Area, as well as for other Federal grant funds to the Bay Area Urban Area as permitted under the MOU; and continues San Francisco as the primary grantee and fiscal agent for UASI grant funds to the Bay Area Urban Area, as well as for other Federal grant funds to the Bay Area Urban Area as permitted under the MOU for the period from December 1, 2021, through November 30, 2025. Resolution No. 455-22 ADOPTED by the following vote:

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

220990 [Authorizing the Department of Public Health to Enter into Hazardous Waste Remedial Action Agreements] Resolution authorizing the County Health Officer, the Department of Public Health’s Director of Environmental Health Branch, or their respective designees, to enter into remedial action agreements and oversee remedial investigations and remedial actions at hazardous waste release sites, pursuant to California Health and Safety Code, Section 101480. (Public Health Department) Resolution No. 465-22 ADOPTED by the following vote:

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

221045 [Appointments, Assessment Appeals Board No. 1 - Adena Gilbert, Jeffrey Morris, and Kristine Nelson] Motion appointing Adena Gilbert (residency requirement waived), term ending September 2, 2024, and Jeffrey Morris and Kristine Nelson, terms ending September 1, 2025, to the Assessment Appeals Board No. 1. (Rules Committee) Motion No. M22-174 APPROVED by the following vote:

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

221046 [Appointments, Assessment Appeals Board No. 2 - John Lee, Mervin Conlan, and Yosef Tahbazof] Motion appointing John Lee, Mervin Conlan, and Yosef Tahbazof, terms ending September 1, 2025, to the Assessment Appeals Board No. 2. (Rules Committee) Supervisor Safai, after consulting with the Office of the City Attorney, informed the Board that Yosef Tahbazof is a long time family friend; however, this association is not a conflict of interest. Motion No. M22-170 APPROVED by the following vote:

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

221047 [Appointments, Assessment Appeals Board No. 3 - Shawn Ridgell and James Reynolds] Motion appointing Shawn Ridgell and James Reynolds, terms ending September 1, 2025, to the Assessment Appeals Board No. 3. (Rules Committee) Motion No. M22-171 APPROVED by the following vote:

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

221038 [Affirming the Categorical Exemption Determination - 45 Bernard Street] Motion affirming the determination by the Planning Department that the proposed project at 45 Bernard Street is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M22-172 Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be APPROVED. The motion carried by the following vote:

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

221039 [Conditionally Reversing the Categorical Exemption Determination - 45 Bernard Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 45 Bernard Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

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

221040 [Preparation of Findings to Reverse the Categorical Exemption Determination - 45 Bernard Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 45 Bernard Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

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

00 Main Street, bounded by Howard, Main and Beale Streets and extending approximately 205 feet southeast from Howard Street (Assessor's Parcel Block No. 3739, Lot Nos. 010 and 011), commonly known as Transbay Block 4; making findings under the Transbay Redevelopment Plan (incorporating California Health and Safety Code, Section 33433); and making certain findings (File No. 220858); and an forthcoming Ordinance amending the General Plan; scheduled pursuant to Motion No. M22-123, approved on July 26, 2022. (Clerk of the Board) President Walton opened the public hearing and Supervisor Dorsey indicated he would be making a motion to file the Hearing (File No. 220853) and refer the Ordinance to the Land Use and Transportation Committee (File No. 220854). The President then inquired whether any individual wished to address the Board relating to the redevelopment project. There were no speakers. President Walton closed public comment, adjourned as the Committee of the Whole, declared the public hearing heard and filed, and reconvened as the Board of Supervisors. Supervisor Dorsey, seconded by Supervisor Mandelman, moved that this Hearing be FILED. The motion carried by the following vote:

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

220854 [Redevelopment Plan Amendment - Transbay Redevelopment Project Area - Zone One, Block 4] Sponsor: Dorsey Ordinance approving an amendment to the Transbay Redevelopment Plan to increase height and bulk limits on Block 4 of Zone One of the Transbay Redevelopment Project Area (Assessor’s Parcel Block No. 3739, Lot No. 010, located on the south side of Howard Street between Beale and Main Streets), by increasing the maximum height limit for tower buildings from 450 feet to 513 feet, and increasing certain maximum floor plate sizes; making findings under the California Environmental Quality Act; making findings under the California Community Redevelopment Law; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Dorsey, seconded by Supervisor Mandelman, moved that this Ordinance be REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

vember 1, 2022. The following Supervisors were noted present: Supervisors Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Persons in attendance: Anne Pearson, Henry Lifton, and Tara Steeley, Deputy City Attorneys (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). The matter was heard in closed session, no action was taken, and the hearing was filed. HEARD IN CLOSED SESSION RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:32 p.m. The following Supervisors were noted present: Supervisors Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton City and County of San Francisco Page 927 Printed at 11:10 am on 3/8/24 Board of Supervisors Meeting Minutes 11/1/2022 [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Melgar, seconded by Supervisor Dorsey, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

lement of the lawsuit filed by the City and County of San Francisco against U.S. Department of Health and Human Services and Xavier Becerra, Secretary of Health and Human Services for $203,885; and in connection with the settlement agreement, authorizing the Department of Public Health to enter into a contract with a Quality Improvement Expert without engaging in a competitive procurement process, and without adhering to specified contract requirements in the Administrative Code; the lawsuit was filed on August 3, 2022, in the United States District Court for the Northern District of California, Case No. 3:22-cv-4500-WHA; entitled City and County of San Francisco v. U.S. Department of Health and Human Services; Xavier Becerra, Secretary of the Department of Health and Human Services; the lawsuit involves allegations that defendants violated the Administrative Procedure Act and the City’s due process rights by deciding to terminate federal funding for Laguna Honda Hospital and Rehabilitation Center before residents could safely be transferred to other facilities and before the City’s administrative appeal could be heard. (City Attorney) PASSED ON FIRST READING by the following vote:

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

2, to hold a public hearing to consider the proposed Ordinance (File No. 221102) endorsing settlement of the lawsuit filed on behalf of the City and County of San Francisco against the U.S. Department of Health and Human Services, and Xavier Becerra, Secretary of the Department of Health and Human Services, entitled City and County of San Francisco v. U.S. Department of Health and Human Services; Xavier Becerra, Secretary of the Department of Health and Human Services, and in connection with the settlement agreement, authorizing the Department of Public Health to enter into a contract with a Quality Improvement Expert without engaging in a competitive procurement process, and without adhering to specified contract requirements in the Administrative Code; and scheduling a Closed Session of the Board of Supervisors at the same meeting for the purpose of conferring with, or receiving advice from, the City Attorney regarding that existing litigation in which the City is a plaintiff, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1). Motion No. M22-173 APPROVED The foregoing items were acted upon by the following vote:

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

221085 [Urging Changes to California State Law Regarding Side Shows and Stunt Driving] Sponsors: Dorsey; Safai, Stefani, Mandelman, Walton and Melgar Resolution urging the California State Legislature to amend the State Vehicle Code to impose harsher penalties for side shows and stunt driving. Resolution No. 466-22 ADOPTED by the following vote:

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

Noes: Preston