# 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 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 ## Extracted text ### [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