# Board of Supervisors Minutes: November 1, 2022 - Meeting date: 2022-11-01 - Document type: minutes - Pages in official PDF: 26 - [Canonical HTML transcript](https://sfbos.info/documents/880/2022-11-01-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=1009029&GUID=96C2817A-82A1-4AE7-ACB6-8BA9C27E6CA3) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 220969: Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - Centers for Disease Control and Prevention - Coronavirus Disease 2019 Public Health Crisis Response and the Public Health Workforce Development Supplemental Funding - $1,557,822 - Pages: 3-4 ### File 220730: Settlement of Lawsuit - Theodore Belizaire - $186,642.33 - Pages: 4 ### File 220731: Settlement of Lawsuit - Donna James - $125,000 - Pages: 4 ### File 220732: Settlement of Lawsuit - Susan Bell - $160,000 - Pages: 4 ### File 220794: Settlement of Lawsuit - Phris M. Keaton - $45,000 - Pages: 4 ### File 220915: Settlement of Lawsuit - Michael Petersen - $75,000 - Pages: 4-5 ### File 220964: Settlement of Lawsuit - Rachell Evans - $100,000 - Pages: 5 ### File 220965: Settlement of Lawsuit - Aliitasi T. Alapati - $100,000 - Pages: 5 ### File 220966: Settlement of Lawsuit - Brandon Murphy - $50,000 - Pages: 5 ### File 220967: Settlement of Lawsuit - Gayatri Kishore - $44,775 - Pages: 5 ### File 220916: Settlement of Unlitigated Claims - Allianz Asset Management of America L.P. - $1,173,047.78 - Pages: 5 ### File 220917: Settlement of Unlitigated Claim - Williams-Sonoma, Inc. - $163,479.04 - Pages: 5-6 ### File 220918: Settlement of Unlitigated Claim - Wyeth Holdings LLC - $119,283.21 - Pages: 6 ### File 220987: Settlement of Unlitigated Claim - Yuna Chuquilin - $82,500 - Pages: 6 ### File 220988: Settlement of Unlitigated Claim - Old Republic Title Company - $25,125 Plus Statutory Interest - Pages: 6 ### File 220940: Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code - Pages: 6-7 ### File 220941: Existing Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code - Pages: 7 ### File 220942: Green Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code - Pages: 7 ### File 220943: Mechanical Code - Repeal of Existing 2019 Code and Enactment of 2022 Code - Pages: 7 ### File 220944: Electrical Code - Repeal of Existing 2019 Code and Enactment of 2022 Code - Pages: 7-8 ### File 220945: Plumbing Code - Repeal of Existing 2019 Code and Enactment of 2022 Code - Pages: 8 - Vote 1: final-passage, likely final - Action: 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 ### File 220970: Waiver of Permit, License, and Business Registration Fees for Certain Small Businesses - Pages: 8-9 - Vote 1: first-reading - Action: 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 ### File 221003: Administrative Code - Low-Value Real Property and Possessory Interest Tax Exemptions - Pages: 9 - Vote 1: first-reading - Action: 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 ### File 220931: Real Property Lease Extension - SFII 1390 MARKET ST, LLC - 1390 Market Street - Not to Exceed $4,959,042 in Initial Year - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 220973: Accept and Expend Grant - Retroactive - California Board of State and Community Corrections - Public Defense Pilot Program - $1,194,950 - Pages: 9-10 - Vote 1: adoption, likely final - Action: 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 ### File 220989: Airport Professional Services Agreement - SFO Hotel Shuttle, Inc. - Airport Shuttle Bus Services - Not to Exceed $72,612,418 - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 220991: Contract Agreement - Retroactive - California Department of Health Care Services - Substance Use Disorder Services - Not to Exceed $248,687,500 - Pages: 10 - Vote 1: amendment - Action: 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 ### File 220725: Board Response - Civil Grand Jury Report - A Progress Report about the San Francisco Department of Homelessness and Supportive Housing - Pages: 10-11 - Vote 1: adoption, likely final - Action: 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 ### File 220132: Memorandum of Understanding - Retroactive - Urban Areas Security Initiative - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 220990: Authorizing the Department of Public Health to Enter into Hazardous Waste Remedial Action Agreements - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 221045: Appointments, Assessment Appeals Board No. 1 - Adena Gilbert, Jeffrey Morris, and Kristine Nelson - Pages: 11-12 - Vote 1: approval, likely final - Action: 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 ### File 221046: Appointments, Assessment Appeals Board No. 2 - John Lee, Mervin Conlan, and Yosef Tahbazof - Pages: 12 - Vote 1: approval, likely final - Action: 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 ### File 221047: Appointments, Assessment Appeals Board No. 3 - Shawn Ridgell and James Reynolds - Pages: 12 - Vote 1: approval, likely final - Action: 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 ### File 221037: Hearing - Appeal of Determination of Exemption From Environmental Review - Proposed 45 Bernard Street Project - Pages: 13 ### File 221038: Affirming the Categorical Exemption Determination - 45 Bernard Street - Pages: 13 - Vote 1: approval, likely final - Action: 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 ### File 221039: Conditionally Reversing the Categorical Exemption Determination - 45 Bernard Street - Pages: 13 - Vote 1: tabling - Action: 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 ### File 221040: Preparation of Findings to Reverse the Categorical Exemption Determination - 45 Bernard Street - Pages: 13-14 - Vote 1: tabling - Action: 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 ### File 220853: Hearing - Committee of the Whole - Transbay Block 4 Redevelopment Project - September 20, 2022, at 3:00 p.m. - Pages: 14-15 - Vote 1: amendment - Action: 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 ### File 220854: Redevelopment Plan Amendment - Transbay Redevelopment Project Area - Zone One, Block 4 - Pages: 15 - Vote 1: amendment - Action: 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 ### File 220619: Hearing - Committee of the Whole - Laguna Honda Hospital’s Strategy for Recertification and the Submission of a Closure and Patient Transfer and Relocation Plan - November 1, 2022, at 3:00 p.m. - Pages: 15-16 ### File 221100: Hearing - Committee of the Whole - Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract - Not to Exceed $3,000,000 - November 1, 2022, at 3:00 p.m. - Pages: 16 ### File 221101: Closed Session - Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract - Not to Exceed $3,000,000 - Waiver of Certain Administrative Code Provisions - November 1, 2022 - Pages: 18-19 - Vote 1: other - Action: 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 ### File 221102: Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract for Quality Improvement Expert - Not to Exceed $3,000,000 - Waiver of Certain Administrative Code Provisions - Pages: 19 - Vote 1: first-reading - Action: 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 ### File 221111: Lung Cancer Awareness Month - November 2022 - Pages: 19-20 ### File 221099: Committee of the Whole - Closed Session - Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract - Not to Exceed $3,000,000 - November 1, 2022, at 3:00 p.m. - Pages: 20 - Vote 1: approval, likely final - Action: 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 ### File 221085: Urging Changes to California State Law Regarding Side Shows and Stunt Driving - Pages: 20 - Vote 1: adoption, likely final - Action: 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 ### File 221103: Fire Code - Repealing 2019 Code, Adopting 2022 Code - Pages: 21 ### File 221123: Appropriation - $4,711,123 in Tax Increment Revenue Bond Proceeds - Treasure Island Infrastructure and Revitalization Financing District - FY2022-2023 - Pages: 21 ### File 221124: Police Code - Private Sector Military Leave Pay - Pages: 21-22 ### File 221125: Administrative Code - 706 Mission Fund - Pages: 22 ### File 221126: Administrative Code - Social Impact Commitments in Contracting - Pages: 22 ### File 221127: Accept and Expend Grant - Retroactive - California Board of State and Community Corrections - Proposition 47 STARR - Cohort III - $6,000,000 - Pages: 22 ### File 221128: Agreement Amendment - Clear Channel Outdoor, LLC - Transit Shelter Advertising - Term Extension - Pages: 22-23 ### File 221129: Lower Polk Community Benefit District - Annual Report - FY2020-2021 - Pages: 23 ### File 221130: Commending Congresswoman Jackie Speier - Pages: 23 ### File 221131: Amending the Budget and Legislative Analyst Services Audit Plan - Delegated Procurement Authority Under Chapter 6 of the Administrative Code and Citywide Conflicts of Interest - FY2022-2023 - Pages: 23 ### File 221134: Reappointment, Child Care Planning and Advisory Council - Elizabeth Winograd - Pages: 23 ### File 221135: Appointment, Child Care Planning and Advisory Council - Heather Cassandra Morado - Pages: 23-24 ### File 221137: Appointment, Child Care Planning and Advisory Council - Jonathan Skolnick - Pages: 24 ### File 221132: Hearing - Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines - FYs 2023-2024 and 2024-2025 - Pages: 24 ### File 221062: Administrative Code - Funding, Acquisition, and Use of Certain Sheriff’s Department Equipment - Pages: 24-25 ### File 221063: Mills Act Historical Property Contract - 942-944 Fell Street - Pages: 25 ### File 221092: Lease Renewal - Hudson 1455 Market, LLC - Transit Management Center - 1455 Market Street - Term Extension - $1,320,059.49 - Pages: 25-26 ## Extracted text ### [Page 1](https://sfbos.info/documents/880/2022-11-01-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, November 1, 2022 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting SHAMANN WALTON, PRESIDENT CONNIE CHAN, MATT DORSEY, RAFAEL MANDELMAN, GORDON MAR, MYRNA MELGAR, AARON PESKIN, DEAN PRESTON, HILLARY RONEN, AHSHA SAFAI, CATHERINE STEFANI Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Appropriations Committee Wednesday Supervisors Ronen, Safai, Chan, Mar, Walton 1:30 PM Budget and Finance Committee Wednesday Supervisors Ronen, Safai, Chan 10:00 AM Government Audit and Oversight Committee 1st and 3rd Thursday Supervisors Preston, Chan, Mandelman 10:00 AM Land Use and Transportation Committee Monday Supervisors Melgar, Preston, Peskin 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Thursday Supervisors Mar, Stefani, Melgar 10:00 AM Rules Committee Monday Supervisors Peskin, Mandelman, Chan 10:00 AM Youth, Young Adult, and Families Committee 2nd Friday Supervisors Ronen, Safai, Dorsey 10:00 AM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 117 Number 34 ### [Page 2](https://sfbos.info/documents/880/2022-11-01-minutes#page-2) Board of Supervisors Meeting Minutes 11/1/2022 Members Present: Connie Chan, Matt Dorsey, Rafael Mandelman, Gordon Mar, Myrna Melgar, Aaron Peskin, Dean Preston, Hillary Ronen, Ahsha Safai, Catherine Stefani, and Shamann Walton The Board of Supervisors of the City and County of San Francisco met in regular session, in-person with remote access and public comment also available via telephone, on Tuesday, November 1, 2022, with President Shamann Walton presiding. President Walton called the meeting to order at 2:00 p.m. Remote Access to Information and Participation The Board of Supervisors and its committees convene hybrid meetings that allow in-person attendance, remote access, and public comment via teleconference. Visit the SFGovTV website (www.sfgovtv.org) to stream the live meetings and watch meetings on demand or watch live meetings on San Francisco Cable Channels 26, 28, 78 or 99 (depending on your provider). Members of the public may provide public comment in-person or remotely via teleconference (detailed instructions available at: https://sfbos.org/remote-meeting-call). Members of the public may submit their comments by email to: bos@sfgov.org; all comments received will be made a part of the official record. Board of Supervisors Regular Meetings begin at 2:00 p.m. on Tuesdays. Committee agendas and their associated documents are available at https://sfbos.org/meetings/42. Please visit the Board’s website (www.sfbos.org) regularly to be updated on the current situation as it affects the legislative process. For more information contact the Office of the Clerk of the Board at (415) 554-5184 or bos@sfgov.org. ROLL CALL AND PLEDGE OF ALLEGIANCE On the call of the roll, Supervisors Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton were noted present. All Members of the Board were present. President Walton, on behalf of the entire Board of Supervisors, condemned the vicious attack on the Speaker of the House Nancy Pelosi's husband, Paul Pelosi, that occurred in the early morning last Friday, and further condemned all manners of violence towards public officials and their families. President Walton presented the ancestral homeland acknowledgement of the Ramaytush Ohlone, who are the original inhabitants of the San Francisco Peninsula, pursuant to Board Rule 4.7.1. City and County of San Francisco Page 911 Printed at 11:10 am on 3/8/24 ### [Page 3](https://sfbos.info/documents/880/2022-11-01-minutes#page-3) Board of Supervisors Meeting Minutes 11/1/2022 COMMUNICATIONS Angela Calvillo, Clerk of the Board, instructed members of the public, when general public comment is called, to contribute live comments for up to two minutes in-person or by dialing the provided telephone number. In-person public comment will be taken before remote public comment is called. Those who are providing public comment remotely must dial * 3 to be added to the remote queue to speak. Written comments may be submitted through email (bos@sfgov.org) or the U.S. Postal Service at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. APPROVAL OF MEETING MINUTES President Walton inquired whether any Member of the Board had any corrections to the September 27, 2022, Regular Board Meeting Minutes, as presented. There were no corrections requested from any Member of the Board. Supervisor Peskin, seconded by Supervisor Mandelman, moved to approve the September 27, 2022, Regular Board Meeting Minutes, as presented. The motion carried by the following vote, following general public comment: Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton AGENDA CHANGES There were no agenda changes. CONSENT AGENDA Recommendations of the Budget and Finance Committee 220969 [Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - Centers for Disease Control and Prevention - Coronavirus Disease 2019 Public Health Crisis Response and the Public Health Workforce Development Supplemental Funding - $1,557,822] Sponsor: Mayor Ordinance retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,557,822 from the Centers for Disease Control and Prevention, through the California Department of Public Health as a pass-through entity, for participation in a coronavirus disease 2019 (COVID-19)-related program, entitled “COVID-19 Public Health Crisis Response and the Public Health Workforce Development Supplemental Funding,” for the period of July 1, 2021, through June 30, 2023; and amending Ordinance No. 109-21 (Annual Salary Ordinance, File No. 210644 for Fiscal Years 2021-2022 and 2022-2023) to provide for the addition of four grant-funded full-time positions in Class 0931 Manager III (2.5 FTE), Class 2593 Health Program Coordinator III (1.25 FTE), and 2119 Health Care Analyst (1.25 FTE). Ordinance No. 223-22 FINALLY PASSED City and County of San Francisco Page 912 Printed at 11:10 am on 3/8/24 ### [Page 4](https://sfbos.info/documents/880/2022-11-01-minutes#page-4) Board of Supervisors Meeting Minutes 11/1/2022 Recommendations of the Government Audit and Oversight Committee 220730 [Settlement of Lawsuit - Theodore Belizaire - $186,642.33] Ordinance authorizing settlement of the lawsuit filed by Theodore Belizaire against the City and County of San Francisco for $186,642.33; the lawsuit was filed on July 20, 2020, in San Francisco Superior Court, Case No. CGC-20-585672, entitled Theodore Belizaire v. City and County of San Francisco; the lawsuit involves alleged personal injuries in a collision with a City vehicle; other material terms of the settlement include payment of $99,142.33 to Zuckerberg San Francisco General Hospital for a medical lien. (City Attorney) PASSED ON FIRST READING 220731 [Settlement of Lawsuit - Donna James - $125,000] Ordinance authorizing settlement of the lawsuit filed by Donna James against the City and County of San Francisco for $125,000; the lawsuit was filed on April 20, 2021, in United States District Court, Case No. 3:21-cv-02939-RS; entitled Donna James v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING 220732 [Settlement of Lawsuit - Susan Bell - $160,000] Ordinance authorizing settlement of the lawsuit filed by Susan Bell against the City and County of San Francisco, et al. for $160,000; the lawsuit was filed on December 6, 2018, in San Francisco Superior Court, Case No. CGC-18-571878; entitled Susan Bell v. City and County of San Francisco, et al.; the lawsuit involves claims of alleged civil rights violations and use of excessive force. (City Attorney) PASSED ON FIRST READING 220794 [Settlement of Lawsuit - Phris M. Keaton - $45,000] Ordinance authorizing settlement of the lawsuit filed by Phris M. Keaton against the City and County of San Francisco for $45,000; the lawsuit was filed on April 21, 2021, in San Francisco Superior Court, Case No. CGC-21-591264; entitled Phris M. Keaton v. Garret Edwards, et al.; the lawsuit involves alleged personal injury due to excessive force by Sheriff’s Deputy. (City Attorney) PASSED ON FIRST READING 220915 [Settlement of Lawsuit - Michael Petersen - $75,000] Ordinance authorizing settlement of the lawsuit filed by Michael Petersen against the City and County of San Francisco for $75,000; the lawsuit was filed on September 12, 2019, in San Francisco Superior Court, Case No. CGC-19-579234; entitled Michael Petersen v. City and County of San Francisco; the lawsuit involves alleged personal injury in a City park. (City Attorney) PASSED ON FIRST READING City and County of San Francisco Page 913 Printed at 11:10 am on 3/8/24 ### [Page 5](https://sfbos.info/documents/880/2022-11-01-minutes#page-5) Board of Supervisors Meeting Minutes 11/1/2022 220964 [Settlement of Lawsuit - Rachell Evans - $100,000] Ordinance authorizing settlement of the lawsuit filed by Rachell Evans against the City and County of San Francisco for $100,000; the lawsuit was filed on May 14, 2021, in United States District Court, Northern District of California, Case No. 3:21-cv-02935-SI; entitled Rachell Evans v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING 220965 [Settlement of Lawsuit - Aliitasi T. Alapati - $100,000] Ordinance authorizing settlement of the lawsuit filed by Aliitasi T. Alapati against the City and County of San Francisco for $100,000; the lawsuit was filed on March 11, 2020, in United States District Court, Case No. 21-cv-04144-SI; entitled Aliitasi T. Alapati v. City and County of San Francisco, et al.; the lawsuit involves an alleged civil rights violation. (City Attorney) PASSED ON FIRST READING 220966 [Settlement of Lawsuit - Brandon Murphy - $50,000] Ordinance authorizing settlement of the lawsuit filed by Brandon Murphy against the City and County of San Francisco for $50,000; the lawsuit was filed on January 10, 2019, in San Francisco Superior Court, Case No. CGC-19-572705; entitled Brandon Murphy v. Regents of The University of California, et al.; the lawsuit involves alleged personal injury from medical negligence. (City Attorney) PASSED ON FIRST READING 220967 [Settlement of Lawsuit - Gayatri Kishore - $44,775] Ordinance authorizing settlement of the lawsuit filed by Gayatri Kishore against the City and County of San Francisco for $44,775; the lawsuit was filed on August 27, 2020, in San Francisco Superior Court, Case No. CGC-20-586409; entitled Gayatri Kishore v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING 220916 [Settlement of Unlitigated Claims - Allianz Asset Management of America L.P. - $1,173,047.78] Resolution approving the settlement of the unlitigated claims filed by Allianz Asset Management of America L.P. against the City and County of San Francisco for $1,173,047.78; the claims were filed on April 25, 2022; the claims involve a refund of gross receipts and homelessness gross receipts taxes. (City Attorney) Resolution No. 457-22 ADOPTED 220917 [Settlement of Unlitigated Claim - Williams-Sonoma, Inc. - $163,479.04] Resolution approving the settlement of the unlitigated claim filed by Williams-Sonoma, Inc. against the City and County of San Francisco for $163,479.04; the claim was filed on June 7, 2022; the claim involves a refund of homelessness gross receipts taxes. (City Attorney) Resolution No. 458-22 ADOPTED City and County of San Francisco Page 914 Printed at 11:10 am on 3/8/24 ### [Page 6](https://sfbos.info/documents/880/2022-11-01-minutes#page-6) Board of Supervisors Meeting Minutes 11/1/2022 220918 [Settlement of Unlitigated Claim - Wyeth Holdings LLC - $119,283.21] Resolution approving the settlement of the unlitigated claim filed by Wyeth Holdings LLC, against the City and County of San Francisco for $119,283.21; the claim was filed on January 10, 2022; the claim involves a refund of homelessness gross receipts taxes for the 2019 tax year. (City Attorney) Resolution No. 459-22 ADOPTED 220987 [Settlement of Unlitigated Claim - Yuna Chuquilin - $82,500] Resolution approving the settlement of the unlitigated claim filed by Yuna Chuquilin against the City and County of San Francisco for $82,500; the claim was filed on August 29, 2020; the claim involves an employment dispute. (City Attorney) Resolution No. 462-22 ADOPTED 220988 [Settlement of Unlitigated Claim - Old Republic Title Company - $25,125 Plus Statutory Interest] Resolution approving the settlement of the unlitigated claim filed by Old Republic Title Company against the City and County of San Francisco for $25,125 plus statutory interest; the claim was filed on April 13, 2022; the claim involves an alleged overpayment of real property transfer taxes. (City Attorney) Resolution No. 463-22 ADOPTED Recommendations of the Land Use and Transportation Committee 220940 [Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Building Code in its entirety and enacting a 2022 Building Code consisting of the 2022 California Building Code and the 2022 California Residential Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2023; and directing the Clerk of the Board to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) Ordinance No. 225-22 FINALLY PASSED City and County of San Francisco Page 915 Printed at 11:10 am on 3/8/24 ### [Page 7](https://sfbos.info/documents/880/2022-11-01-minutes#page-7) Board of Supervisors Meeting Minutes 11/1/2022 220941 [Existing Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Existing Building Code in its entirety and enacting a 2022 Existing Building Code consisting of the 2022 California Existing Building Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2023; and directing the Clerk of the Board to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) Ordinance No. 226-22 FINALLY PASSED 220942 [Green Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Green Building Code in its entirety and enacting a 2022 Green Building Code consisting of the 2022 California Green Building Standards Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for 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. 227-22 FINALLY PASSED 220943 [Mechanical Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Mechanical Code in its entirety and enacting a 2022 Mechanical Code consisting of the 2022 California Mechanical 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. 228-22 FINALLY PASSED 220944 [Electrical Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Electrical Code in its entirety and enacting a 2022 Electrical Code consisting of the 2022 California Electrical 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. 229-22 FINALLY PASSED City and County of San Francisco Page 916 Printed at 11:10 am on 3/8/24 ### [Page 8](https://sfbos.info/documents/880/2022-11-01-minutes#page-8) Board of Supervisors Meeting Minutes 11/1/2022 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton REGULAR AGENDA NEW BUSINESS Recommendations of the Budget and Finance Committee 220970 [Waiver of Permit, License, and Business Registration Fees for Certain Small Businesses] Sponsors: Ronen; Chan, Safai, Dorsey, Mandelman, Mar and Stefani Ordinance amending the program established in Ordinance No. 143-21 waiving certain first-year permit, license, and business registration fees for certain businesses, retroactive to November 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 917 Printed at 11:10 am on 3/8/24 ### [Page 9](https://sfbos.info/documents/880/2022-11-01-minutes#page-9) Board of Supervisors Meeting Minutes 11/1/2022 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: 11 - 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: 11 - 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 918 Printed at 11:10 am on 3/8/24 ### [Page 10](https://sfbos.info/documents/880/2022-11-01-minutes#page-10) Board of Supervisors Meeting Minutes 11/1/2022 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: 11 - 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendations of the Government Audit and Oversight Committee 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 919 Printed at 11:10 am on 3/8/24 ### [Page 11](https://sfbos.info/documents/880/2022-11-01-minutes#page-11) Board of Supervisors Meeting Minutes 11/1/2022 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendation of the Land Use and Transportation Committee 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendations of the Rules Committee President Walton requested File Nos. 221045, 221046, and 221047 be called together. 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 920 Printed at 11:10 am on 3/8/24 ### [Page 12](https://sfbos.info/documents/880/2022-11-01-minutes#page-12) Board of Supervisors Meeting Minutes 11/1/2022 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: 11 - 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Without objection, Rule 5.36 of the Rules of the Board of Supervisors was suspended to grant privilege of the floor to the following guest(s). VETERAN HONOREES Supervisors introduced, welcomed, and presented Certificates of Honor to individuals in recognition of Veteran Honorees, their accomplishments, and their continued community support as referenced below: Supervisor Mar recognized Rod Kearny (Fresh Start House); Supervisor Stefani recognized Kenyon Wingo, Peer Specialist (Swords to Plowshares); Supervisor Preston recognized Del Seymour; Supervisor Ronen recognized Maria Cecilia Morena; Supervisor Safai recognized Swords to Plowshares, accepted by Michael Blecker; Supervisor Chan posthumously recognized Commissioner George Ishikata (Veterans Affairs Commission); Supervisor Dorsey recognized Ghazwan Alsharif; Supervisor Mandelman recognized Bob Dockendorff; and Supervisor Melgar recognized Colonel (Retired) D. Peter Gleichenhaus. City and County of San Francisco Page 921 Printed at 11:10 am on 3/8/24 ### [Page 13](https://sfbos.info/documents/880/2022-11-01-minutes#page-13) Board of Supervisors Meeting Minutes 11/1/2022 SPECIAL ORDER 3:00 P.M. President Walton requested File Nos. 221037, 221038, 221039, and 221040 be called together. 221037 [Hearing - Appeal of Determination of Exemption From Environmental Review - Proposed 45 Bernard Street Project] Hearing of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on April 13, 2021, for the proposed project at 45 Bernard Street, Assessor’s Parcel Block No. 0157, Lot No. 030 for a proposed renovation of a three story, four-unit apartment building, including a seismic/soft-story foundation upgrade with a rear-yard addition; the project includes façade alterations, and the proposed addition would add approximately 996 square feet. (District 3) (Appellant: Brian O’Neill of Zacks, Freedman & Patterson PC, on behalf of the Upper Chinatown Neighborhood Association) (Filed September 26, 2022) (Clerk of the Board) President Walton opened the public hearing and informed the Board that the Appellant has withdrawn this appeal. The President then inquired whether any individual wished to address the Board relating to the withdrawn appeal. There were no speakers. President Walton closed public comment and declared the public hearing heard and filed. HEARD AND FILED 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: 11 - 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: 11 - 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 922 Printed at 11:10 am on 3/8/24 ### [Page 14](https://sfbos.info/documents/880/2022-11-01-minutes#page-14) Board of Supervisors Meeting Minutes 11/1/2022 SPECIAL ORDER 3:00 P.M. President Walton requested File Nos. 220853 and 220854 be called together. Board of Supervisors Sitting as a Committee of the Whole 220853 [Hearing - Committee of the Whole - Transbay Block 4 Redevelopment Project - September 20, 2022, at 3:00 p.m.] Hearing of the Board of Supervisors sitting as a Committee of the Whole on September 20, 2022, at 3:00 p.m., to consider 1) an 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; and making certain findings (File No. 220854); an Ordinance amending the Zoning Map of the Planning Code to facilitate development of the Transbay Block 4 Redevelopment Project (located on the south side of Howard Street between Beale and Main Streets) by increasing height limits; and making certain findings (File No. 220836); a Resolution approving the disposition of land, and entrance into a ground lease of certain air space rights, by the Successor Agency to the Redevelopment Agency of the City and County of San Francisco to F4 Transbay Partners LLC, a Delaware limited liability company, and Transbay Block 4 Housing Partnership, L.P., a California limited partnership, for a purchase price of $6,000,000 for the property generally located at 200 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Committee of the Whole Adjourn and Report City and County of San Francisco Page 923 Printed at 11:10 am on 3/8/24 ### [Page 15](https://sfbos.info/documents/880/2022-11-01-minutes#page-15) Board of Supervisors Meeting Minutes 11/1/2022 From the Board 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton SPECIAL ORDER 3:00 P.M. President Walton requested File Nos. 220619, 221100, 221101, and 221102 be called together. Board of Supervisors Sitting as a Committee of the Whole 220619 [Hearing - Committee of the Whole - Laguna Honda Hospital’s Strategy for Recertification and the Submission of a Closure and Patient Transfer and Relocation Plan - November 1, 2022, at 3:00 p.m.] Hearing of the Board of Supervisors sitting as a Committee of the Whole on Tuesday, November 1, 2022, at 3:00 p.m., to hold a public hearing on Laguna Honda Hospital’s Strategy for Recertification and the Submission of a Closure and Patient Transfer and Relocation Plan; and requesting the Department of Public Health to present; scheduled pursuant to Motion No. M22-098 (File No. 220618), approved on May 24, 2022. (Clerk of the Board) President Walton opened the public hearing and Supervisor Melgar provided opening remarks related to Laguna Honda Hospital’s strategy for recertification and relocation plan (File No. 220619) and the Settlement of Lawsuit (File No. 221100). Roland Pickens (Department of Public Health) provided an overview of the recertification and settlement and responded to questions raised throughout the discussion. Melanie Grossman; Francisco Da Costa; Joseph Ervin; Patrick Monette-Shaw; Citizen 22; Dr. Theresa Palmer; Art Persyko; spoke on various concerns relating to the recertification and/or settlement. There were no other speakers. President Walton closed public comment and declared the public hearing heard and filed. HEARD AND FILED Committee of the Whole Adjourn and Report City and County of San Francisco Page 924 Printed at 11:10 am on 3/8/24 ### [Page 16](https://sfbos.info/documents/880/2022-11-01-minutes#page-16) Board of Supervisors Meeting Minutes 11/1/2022 SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 221100 [Hearing - Committee of the Whole - Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract - Not to Exceed $3,000,000 - November 1, 2022, at 3:00 p.m.] Hearing of the Board of Supervisors to sit as a Committee of the Whole on November 1, 2022, at 3:00 p.m., during the Regular Board of Supervisors meeting, to hold a public hearing on 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; scheduled pursuant to the Motion contained in File No. 221099, to be considered on November 1, 2022. (Clerk of the Board) President Walton opened the public hearing and Supervisor Melgar provided opening remarks related to Laguna Honda Hospital’s strategy for recertification and relocation plan (File No. 220619) and the Settlement of Lawsuit (File No. 221100). Roland Pickens (Department of Public Health) provided an overview of the recertification and settlement and responded to questions raised throughout the discussion. Melanie Grossman; Francisco Da Costa; Joseph Ervin; Patrick Monette-Shaw; Citizen 22; Dr. Theresa Palmer; Art Persyko; spoke on various concerns relating to the recertification and/or settlement. There were no other speakers. President Walton closed public comment and declared the public hearing heard and filed. HEARD AND FILED Committee of the Whole Adjourn and Report ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 925 Printed at 11:10 am on 3/8/24 ### [Page 17](https://sfbos.info/documents/880/2022-11-01-minutes#page-17) Board of Supervisors Meeting Minutes 11/1/2022 PUBLIC COMMENT Ron Fong; expressed support for the Resolution declaring November 2022 as Lung Cancer Awareness Month (File No. 221111). Michael Petrelis; expressed concerns regarding public comment opportunities at the Board and the lack of access to Prop G calendars. Speaker; shared the need to stand up for trans rights and a personal experience intervening on the harassment of a transgender woman. Speaker; shared concerns regarding the desecration of a historical building and the need to protect the Castro Theatre. Brea Chung; expressed concerns regarding Baker Places and a letter that 50 neighbors will be submitting. City and County of San Francisco Page 926 Printed at 11:10 am on 3/8/24 ### [Page 18](https://sfbos.info/documents/880/2022-11-01-minutes#page-18) Board of Supervisors Meeting Minutes 11/1/2022 CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation 221101 [Closed Session - Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract - Not to Exceed $3,000,000 - Waiver of Certain Administrative Code Provisions - November 1, 2022] Closed Session for the Board of Supervisors to convene on November 1, 2022, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding settlement 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; scheduled pursuant to the Motion contained in File No. 221099, to be considered on November 1, 2022. (Clerk of the Board) CONVENED IN CLOSED SESSION The Board recessed at the hour of 5:15 p.m. to convene in closed session pursuant to the Motion contained in File No. 221099, approved on November 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 ### [Page 19](https://sfbos.info/documents/880/2022-11-01-minutes#page-19) 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton From the Board 221102 [Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract for Quality Improvement Expert - Not to Exceed $3,000,000 - Waiver of Certain Administrative Code Provisions] Sponsor: Mayor Ordinance authorizing settlement 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton FOR ADOPTION WITHOUT COMMITTEE REFERENCE 221111 [Lung Cancer Awareness Month - November 2022] Sponsors: Peskin; Chan, Preston and Dorsey Resolution declaring November 2022 as Lung Cancer Awareness Month in the City and County of San Francisco. Supervisors Chan, Preston, and Dorsey requested to be added as co-sponsors. Resolution No. 467-22 ADOPTED City and County of San Francisco Page 928 Printed at 11:10 am on 3/8/24 ### [Page 20](https://sfbos.info/documents/880/2022-11-01-minutes#page-20) Board of Supervisors Meeting Minutes 11/1/2022 221099 [Committee of the Whole - Closed Session - Settlement of Lawsuit - U.S. Department of Health and Human Services and Xavier Becerra - City to Pay $203,885 - Sole Source Contract - Not to Exceed $3,000,000 - November 1, 2022, at 3:00 p.m.] Sponsor: Melgar Motion scheduling the Board of Supervisors to sit as a Committee of the Whole at the meeting on November 1, 2022, 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: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Severed from the For Adoption Without Committee Reference Agenda Supervisor Preston requested that File No. 221085 be severed so that it may be considered separately. 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: 10 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Ronen, Safai, Stefani, Walton Noes: 1 - Preston IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 929 Printed at 11:10 am on 3/8/24 ### [Page 21](https://sfbos.info/documents/880/2022-11-01-minutes#page-21) Board of Supervisors Meeting Minutes 11/1/2022 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. ORDINANCES 221103 [Fire Code - Repealing 2019 Code, Adopting 2022 Code] Sponsors: Mayor; Peskin and Chan Ordinance repealing the existing San Francisco Fire Code in its entirety and enacting a new San Francisco Fire Code consisting of the 2022 California Fire Code and portions of the 2018 International Fire Code, together with amendments specific to San Francisco, including provisions for fees for permits, inspections, and various City services, with an operative date of January 1, 2023; adopting findings of local conditions pursuant to California Health and Safety Code, Section 17958.7; directing the Clerk of the Board of Supervisors to forward San Francisco’s amendments to the California Building Standards Commission and State Fire Marshal; and making environmental findings. 10/25/22; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/24/2022. 10/28/22; REFERRED TO DEPARTMENT. 10/28/22; RESPONSE RECEIVED. 11/01/22; SUBSTITUTED AND ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee. 221123 [Appropriation - $4,711,123 in Tax Increment Revenue Bond Proceeds - Treasure Island Infrastructure and Revitalization Financing District - FY2022-2023] Sponsors: Mayor; Safai, Ronen and Dorsey Ordinance appropriating $4,711,123 from the issuance of Treasure Island Infrastructure and Revitalization Financing District (IRFD) No. 1 Tax Increment Revenue Bonds and appropriating to the affordable housing project in the Mayor’s Office of Housing and Community Development in Fiscal Year (FY) 2022-2023. (Fiscal Impact) 11/01/22; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 12/1/2022. 221124 [Police Code - Private Sector Military Leave Pay] Sponsors: Mar; Melgar, Dorsey, Preston, Stefani, Walton and Safai Ordinance amending the Police Code to require private employers to pay employees who are military reservists and are called for military duty the difference between their military salary and their salary as employees, for up to 30 days in a calendar year, and to create procedures for implementation and enforcement of this requirement. 11/01/22; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 12/1/2022. City and County of San Francisco Page 930 Printed at 11:10 am on 3/8/24 ### [Page 22](https://sfbos.info/documents/880/2022-11-01-minutes#page-22) Board of Supervisors Meeting Minutes 11/1/2022 221125 [Administrative Code - 706 Mission Fund] Sponsors: Peskin; Dorsey, Chan and Mandelman Ordinance amending the Administrative Code to establish the 706 Mission Fund to receive funds provided to the City under the 2013 purchase and sale agreement regarding the property at 706 Mission Street; to authorize the Recreation and Park Department and the Mayor’s Office of Housing and Community Development to expend monies from the Fund for specified purposes after receiving recommendations from the SoMa Community Stabilization Fund Community Advisory Committee; and to require the Recreation and Park Department and the Mayor’s Office of Housing and Community Development to prepare reports regarding expenditures from the Fund. 11/01/22; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 12/1/2022. 221126 [Administrative Code - Social Impact Commitments in Contracting] Sponsors: Ronen; Safai, Preston, Stefani, Peskin, Chan, Mar, Walton, Melgar, Dorsey and Mandelman Ordinance amending the Administrative Code to authorize the San Francisco Public Utilities Commission to include Social Impact Commitment criteria as a qualitatively scored element in solicitations for certain contracts at designated thresholds. 11/01/22; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 12/1/2022. RESOLUTIONS 221127 [Accept and Expend Grant - Retroactive - California Board of State and Community Corrections - Proposition 47 STARR - Cohort III - $6,000,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $6,000,000 from the California Board of State and Community Corrections for participation in a program, entitled “Proposition 47 Supporting Treatment & Reducing Recidivism - Cohort III,” for the period of September 1, 2022, through June 1, 2026. (Public Health Department) (Fiscal Impact) 11/01/22; RECEIVED AND ASSIGNED to Budget and Finance Committee. 221128 [Agreement Amendment - Clear Channel Outdoor, LLC - Transit Shelter Advertising - Term Extension] Sponsors: Mayor; Melgar Resolution approving the Second Amendment to the Transit Shelter Advertising Agreement between the City and County of San Francisco and Clear Channel Outdoor, LLC, to exercise the option to extend the Agreement for five years, from December 7, 2022, through December 7, 2027; adjust the minimum annual guarantee payments, as well as administrative and marketing payments; and increase the maintenance and service obligations of Clear Channel. 11/01/22; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 931 Printed at 11:10 am on 3/8/24 ### [Page 23](https://sfbos.info/documents/880/2022-11-01-minutes#page-23) Board of Supervisors Meeting Minutes 11/1/2022 221129 [Lower Polk Community Benefit District - Annual Report - FY2020-2021] Sponsors: Peskin; Preston Resolution receiving and approving an annual report for the Lower Polk Community Benefit District for Fiscal Year (FY) 2020-2021, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. 11/01/22; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 221130 [Commending Congresswoman Jackie Speier] Sponsors: Chan; Walton, Melgar, Safai, Mar, Peskin, Stefani, Mandelman, Ronen, Preston and Dorsey Resolution commending Congresswoman Jackie Speier on the occasion of her retirement from the United States Congress after 14 years as a Member of the United States House of Representatives, and nearly 40 years as an elected leader for the San Francisco Bay Area. 11/01/22; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. MOTIONS 221131 [Amending the Budget and Legislative Analyst Services Audit Plan - Delegated Procurement Authority Under Chapter 6 of the Administrative Code and Citywide Conflicts of Interest - FY2022-2023] Sponsors: Preston; Walton and Mar Motion directing the Budget and Legislative Analyst to conduct two additional performance audits in Fiscal Year (FY) 2022-2023 consisting of 1) a multi-part audit of various departments’ delegated authority for public works contracts pursuant to Chapter 6 of the Administrative Code; and 2) how conflicts of interest are managed citywide. 11/01/22; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 221134 [Reappointment, Child Care Planning and Advisory Council - Elizabeth Winograd] Motion reappointing Elizabeth Winograd, term ending March 19, 2024, to the Child Care Planning and Advisory Council. (Clerk of the Board) Elizabeth Winograd, seat 5, succeeding themself, must be a nominee of the District 5 Supervisor and represent one of the following categories: consumers, child care providers, discretionary, community representatives, or public agency representatives, for the unexpired portion of a three-year term ending March 19, 2024. 221135 [Appointment, Child Care Planning and Advisory Council - Heather Cassandra Morado] Motion appointing Heather Cassandra Morado (residency requirement waived), term ending March 19, 2023, to the Child Care Planning and Advisory Council. (Clerk of the Board) Heather Cassandra Morado (residency requirement waived), seat 8, succeeding Fonda Davidson, term expired, must be a nominee of the District 8 Supervisor and represent one of the following categories: consumers, child care providers, discretionary, community representatives, or public agency representatives, for the unexpired portion of a three-year term ending March 19, 2023. City and County of San Francisco Page 932 Printed at 11:10 am on 3/8/24 ### [Page 24](https://sfbos.info/documents/880/2022-11-01-minutes#page-24) Board of Supervisors Meeting Minutes 11/1/2022 221137 [Appointment, Child Care Planning and Advisory Council - Jonathan Skolnick] Motion appointing Jonathan Skolnick, term ending March 19, 2025, to the Child Care Planning and Advisory Council. (Clerk of the Board) Jonathan Skolnick, seat 10, succeeding Nur Jehan Khalique, term expired, must be a nominee of the District 10 Supervisor and represent one of the following categories: consumers, child care providers, discretionary, community representatives, or public agency representatives, for the unexpired portion of a three-year term ending March 19, 2025. REQUEST FOR HEARING 221132 [Hearing - Review and Approval of the Board of Supervisors/Clerk of the Board Annual Budget Guidelines - FYs 2023-2024 and 2024-2025] Hearing to consider the review and approval of the Budget Guidelines for the Board of Supervisors/Clerk of the Board Annual Budget for Fiscal Years (FYs) 2023-2024 and 2024-2025. (Clerk of the Board) 11/01/22; RECEIVED AND ASSIGNED to Budget and Finance Committee. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCE 221062 [Administrative Code - Funding, Acquisition, and Use of Certain Sheriff’s Department Equipment] Ordinance amending the Administrative Code to require Board of Supervisors approval of a policy governing the funding, acquisition, and use of certain law enforcement equipment of the Sheriff’s Department consistent with the criteria set forth in state law; and approving the Sheriff’s Department’s Use of Equipment Policy. (Sheriff) 10/21/22; RECEIVED FROM DEPARTMENT. 10/26/22; REFERRED TO DEPARTMENT. 11/01/22; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 12/1/2022. City and County of San Francisco Page 933 Printed at 11:10 am on 3/8/24 ### [Page 25](https://sfbos.info/documents/880/2022-11-01-minutes#page-25) Board of Supervisors Meeting Minutes 11/1/2022 PROPOSED RESOLUTIONS 221063 [Mills Act Historical Property Contract - 942-944 Fell Street] Resolution approving a historical property contract between Julie A. Chin, the owner of 942-944 Fell Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) 10/18/22; RECEIVED FROM DEPARTMENT. 11/01/22; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 221092 [Lease Renewal - Hudson 1455 Market, LLC - Transit Management Center - 1455 Market Street - Term Extension - $1,320,059.49] Resolution authorizing and approving a first amendment to the lease to the renewal of an office lease for the existing Transportation Management Center with Hudson 1455 Market, LLC, as landlord, for the San Francisco Municipal Transportation Agency, at 1455 Market Street, at a yearly initial base rent of $1,320,059.49 with annual adjustments of three percent for a term of ten years to commence September 20, 2023, for a total term of September 20, 2023, through September 19, 2033; and to authorize the Director or Property to enter into any extensions, amendments, or modifications to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Lease or this Resolution. (Real Estate Department) (Fiscal Impact) 10/19/22; RECEIVED FROM DEPARTMENT. 11/01/22; RECEIVED AND ASSIGNED to Budget and Finance Committee. Requests Granted From: Supervisor Connie Chan To: Office of the Budget and Legislative Analyst Requests: Requesting a report analyzing and making policy recommendations for existing and best practices to improve the City and County of San Francisco’s Below Market Rate (BMR) rental unit program, including a review of the lottery system, notification protocols, applicant preferences, rental subsidies, and property development. From: Supervisor Connie Chan To: Office of the City Attorney Requests: Requesting draft legislation to expand the City and County of San Francisco’s (City) policy to include labor harmony clauses in all City contracts. From: Supervisor Ahsha Safai To: Office of the City Attorney Requests: Requesting draft legislation for an Ordinance that would provide paid time off for crime victims to participate in legal proceedings or to seek care related to the crime. City and County of San Francisco Page 934 Printed at 11:10 am on 3/8/24 ### [Page 26](https://sfbos.info/documents/880/2022-11-01-minutes#page-26) Board of Supervisors Meeting Minutes 11/1/2022 In Memoriams Mits Akashi – Supervisor Shamann Walton ADJOURNMENT There being no further business, the Board adjourned at the hour of 5:34 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on December 6, 2022. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 935 Printed at 11:10 am on 3/8/24