# Board of Supervisors Minutes: December 13, 2022 - Meeting date: 2022-12-13 - Document type: minutes - Pages in official PDF: 40 - [Canonical HTML transcript](https://sfbos.info/documents/890/2022-12-13-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=1063260&GUID=2F729501-B3E9-4907-B6EB-6C46139521C3) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 220863: Fisherman's Wharf Landside Community Benefit District and Fisherman's Wharf Portside Community Benefit District - Annual Report - FY2020-2021 - Pages: 14-15 - Vote 1: adoption, likely final - Action: 220863 [Fisherman's Wharf Landside Community Benefit District and Fisherman's Wharf Portside Community Benefit District - Annual Report - FY2020-2021] Sponsor: Peskin Resolution receiving and approving the annual report for the Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside 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 Districts' Management Agreements with the City, Section 3.4. Resolution No. 536-22 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 220865: Japantown Community Benefit District - Annual Report - FY2020-2021 - Pages: 15 - Vote 1: adoption, likely final - Action: 220865 [Japantown Community Benefit District - Annual Report - FY2020-2021] Sponsors: Preston; Chan Resolution receiving and approving an annual report for the Japantown 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. Resolution No. 537-22 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 220891: Noe Valley Community Benefit District - Annual Report - FY2020-2021 - Pages: 15 - Vote 1: adoption, likely final - Action: 220891 [Noe Valley Community Benefit District - Annual Report - FY2020-2021] Sponsor: Mandelman Resolution receiving and approving an annual report for the Noe Valley 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. Resolution No. 538-22 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 221089: North of Market/Tenderloin Community Benefit District - Annual Report - FY2020-2021 - Pages: 15 - Vote 1: adoption, likely final - Action: 221089 [North of Market/Tenderloin Community Benefit District - Annual Report - FY2020-2021] Sponsors: Preston; Dorsey Resolution receiving and approving an annual report for the North of Market/Tenderloin 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. Resolution No. 535-22 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 221052: Settlement of Unlitigated Claim - 100-120 Powell Owner L.P., L.L.C. - $5,362,325 - Pages: 15-16 - Vote 1: adoption, likely final - Action: 221052 [Settlement of Unlitigated Claim - 100-120 Powell Owner L.P., L.L.C. - $5,362,325] Resolution approving the settlement of the unlitigated claim filed by 100-120 Powell Owner L.P., L.L.C. against the City and County of San Francisco for $5,362,325; the claim was filed on January 14, 2022; the claim involves allegations of property damage to the Hotel Union Square caused by shelter-in-place (SIP) hotel guests during the COVID-19 pandemic and resulting loss of use; other material terms of the settlement include a mutual full and final release, with each party to bear their own costs. (City Attorney) Resolution No. 539-22 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 221174: Settlement of Unlitigated Claims against Sunset Scavenger Company, et al. - San Francisco Refuse Ratepayers to Receive $25,000,000 Credit to Offset Cost of Living Adjustments and Rate Increases - Pages: 16 - Vote 1: adoption, likely final - Action: 221174 [Settlement of Unlitigated Claims against Sunset Scavenger Company, et al. - San Francisco Refuse Ratepayers to Receive $25,000,000 Credit to Offset Cost of Living Adjustments and Rate Increases] Sponsors: Mayor; Peskin Resolution approving the settlement of pre-litigation claims against Sunset Scavenger Company, Golden Gate Disposal & Recycling Company, Recology San Francisco, and Recology Properties Inc. through the acceptance of a $25,000,000 reimbursement to San Francisco ratepayers; the claims involve alleged retention of profits above the 9 percent target profit approved in the 2017 public rate setting process, and the timing and appropriateness of cost of living adjustments to rates; additional material terms of the settlement are that rental costs of select real properties will not be passed through to ratepayers once acquisition costs are paid, and ratepayers will be reimbursed for up to approximately $26,000,000 in rental payments in the event that those properties are no longer available for the benefit of San Francisco refuse ratepayers. Resolution No. 543-22 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 221082: Agreement Amendment - Caltrans Maintenance Agreement - Incorporate Traffic Control Devices - Pages: 16-17 - Vote 1: adoption, likely final - Action: 221082 [Agreement Amendment - Caltrans Maintenance Agreement - Incorporate Traffic Control Devices] Sponsors: Mayor; Walton Resolution approving the Third Amendment to the Agreement for Maintenance of State Highways in San Francisco between the City and the State of California Department of Transportation (Caltrans) to include City’s maintenance and operation of additional traffic control devices on right-of-way within Caltrans jurisdiction, along State Route 280, on eastbound Alemany Boulevard at San Bruno Avenue; affirming the Planning Department’s determination under the California Environmental Quality Act; and authorizing the Public Works Director to enter into modifications and amendments to the Third Amendment that do not materially increase the obligations or liabilities to the City or materially decrease the public benefits accruing to the City and are necessary to effectuate the purposes of the project or this Resolution. Resolution No. 534-22 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ## Extracted text ### [Page 15](https://sfbos.info/documents/890/2022-12-13-minutes#page-15) Board of Supervisors Meeting Minutes 12/13/2022 220865 [Japantown Community Benefit District - Annual Report - FY2020-2021] Sponsors: Preston; Chan Resolution receiving and approving an annual report for the Japantown 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. Resolution No. 537-22 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 220891 [Noe Valley Community Benefit District - Annual Report - FY2020-2021] Sponsor: Mandelman Resolution receiving and approving an annual report for the Noe Valley 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. Resolution No. 538-22 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 221089 [North of Market/Tenderloin Community Benefit District - Annual Report - FY2020-2021] Sponsors: Preston; Dorsey Resolution receiving and approving an annual report for the North of Market/Tenderloin 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. Resolution No. 535-22 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton President Walton requested File Nos. 221052 and 221174 be called together. 221052 [Settlement of Unlitigated Claim - 100-120 Powell Owner L.P., L.L.C. - $5,362,325] Resolution approving the settlement of the unlitigated claim filed by 100-120 Powell Owner L.P., L.L.C. against the City and County of San Francisco for $5,362,325; the claim was filed on January 14, 2022; the claim involves allegations of property damage to the Hotel Union Square caused by shelter-in-place (SIP) hotel guests during the COVID-19 pandemic and resulting loss of use; other material terms of the settlement include a mutual full and final release, with each party to bear their own costs. (City Attorney) Resolution No. 539-22 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 1050 Printed at 1:49 pm on 3/8/24 ### [Page 16](https://sfbos.info/documents/890/2022-12-13-minutes#page-16) Board of Supervisors Meeting Minutes 12/13/2022 221174 [Settlement of Unlitigated Claims against Sunset Scavenger Company, et al. - San Francisco Refuse Ratepayers to Receive $25,000,000 Credit to Offset Cost of Living Adjustments and Rate Increases] Sponsors: Mayor; Peskin Resolution approving the settlement of pre-litigation claims against Sunset Scavenger Company, Golden Gate Disposal & Recycling Company, Recology San Francisco, and Recology Properties Inc. through the acceptance of a $25,000,000 reimbursement to San Francisco ratepayers; the claims involve alleged retention of profits above the 9 percent target profit approved in the 2017 public rate setting process, and the timing and appropriateness of cost of living adjustments to rates; additional material terms of the settlement are that rental costs of select real properties will not be passed through to ratepayers once acquisition costs are paid, and ratepayers will be reimbursed for up to approximately $26,000,000 in rental payments in the event that those properties are no longer available for the benefit of San Francisco refuse ratepayers. Resolution No. 543-22 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 221082 [Agreement Amendment - Caltrans Maintenance Agreement - Incorporate Traffic Control Devices] Sponsors: Mayor; Walton Resolution approving the Third Amendment to the Agreement for Maintenance of State Highways in San Francisco between the City and the State of California Department of Transportation (Caltrans) to include City’s maintenance and operation of additional traffic control devices on right-of-way within Caltrans jurisdiction, along State Route 280, on eastbound Alemany Boulevard at San Bruno Avenue; affirming the Planning Department’s determination under the California Environmental Quality Act; and authorizing the Public Works Director to enter into modifications and amendments to the Third Amendment that do not materially increase the obligations or liabilities to the City or materially decrease the public benefits accruing to the City and are necessary to effectuate the purposes of the project or this Resolution. Resolution No. 534-22 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 1051 Printed at 1:49 pm on 3/8/24