# Board of Supervisors Agenda: February 28, 2023 - Meeting date: 2023-02-28 - Document type: agenda - Pages in official PDF: 24 - [Canonical HTML transcript](https://sfbos.info/documents/903/2023-02-28-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=1084820&GUID=BCBC8321-8F65-431D-938F-32AC78EA13B1) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Extracted text ### [Page 1](https://sfbos.info/documents/903/2023-02-28-agenda#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO AGENDA IN-PERSON MEETING Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689 REMOTE ACCESS Watch SF Cable Channel 26, 28, 78, or 99 (depending on your provider) Watch www.sfgovtv.org PUBLIC COMMENT CALL-IN 1 (415) 655-0001/ Meeting ID: 2495 465 2973 # # Tuesday, February 28, 2023 - 2:00 PM Regular Meeting AARON PESKIN, PRESIDENT CONNIE CHAN, MATT DORSEY, JOEL ENGARDIO, RAFAEL MANDELMAN, MYRNA MELGAR, DEAN PRESTON, HILLARY RONEN, AHSHA SAFAI, CATHERINE STEFANI, SHAMANN WALTON Angela Calvillo, Clerk of the Board Agendas of the Board of Supervisors are available on the internet at www.sfbos.org BOARD COMMITTEES Committee Membership Meeting Days Budget and Appropriations Committee Wednesday Supervisors Chan, Mandelman, Safai, Ronen, Walton 1:30 PM Budget and Finance Committee Wednesday Supervisors Chan, Mandelman, Safai 10:00 AM Government Audit and Oversight Committee 1st and 3rd Thursday Supervisors Preston, Stefani, Chan 10:00 AM Homelessness & Behavioral Health Committee TBD Supervisor Ronen Land Use and Transportation Committee Supervisors Monday Supervisors Melgar, Preston, Peskin 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Thursday Supervisors Stefani, Engardio, Dorsey 10:00 AM Rules Committee Monday Supervisors Dorsey, Walton, Safai 10:00 AM Youth, Young Adult, and Families Committee 2nd Friday Supervisors Ronen, Safai, Engardio 10:00 AM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. ### [Page 2](https://sfbos.info/documents/903/2023-02-28-agenda#page-2) Agenda Item Information Each item on the Consent or Regular agenda may include the following documents: 1) Legislation 2) Budget and Legislative Analyst report 3) Department or Agency cover letter and/or report 4) Public correspondence These items are available for review at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, Reception Desk or at https://sfbos.org/legislative-research-center-lrc. Meeting Procedures The Board of Supervisors is the legislative body of the City and County of San Francisco. The Board has several standing committees where legislation is the subject of hearings at which members of the public are urged to testify. The full Board does not hold a second public hearing on measures which have been heard in committee. Board procedures do not permit: 1) persons in the audience to vocally express support or opposition to statements by Supervisors or by other persons testifying; 2) ringing and use of cell phones, pagers, and similar sound-producing electronic devices; 3) bringing in or displaying signs in the meeting room; and 4) standing in the meeting room. Each member of the public will be allotted the same maximum number of minutes to speak as set by the President or Chair at the beginning of each item or public comment, excluding City representatives; except that public speakers using interpretation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous interpretation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting interpretation assistance. Members of the public who want a document displayed should provide in advance of the meeting to the Clerk of the Board (bos.legislation@sfgov.org), clearly state such during testimony, and subsequently request the document be removed when they want the screen to return to live coverage of the meeting. Hard copy documents may not be shared during in-person meetings. IMPORTANT INFORMATION: The public is encouraged to testify at Committee meetings. Persons unable to attend the meeting may submit to the City, by the time the proceedings begin, written comments regarding the agenda items. These comments will be made a part of the official public record and shall be brought to the attention of the Board of Supervisors. Written communications expected to be made a part of the official file should be submitted to the Clerk of the Board or Clerk of a Committee: 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102. Communications which are not received prior to the hearing may be delivered to the Clerk of the Board or Clerk of the Committee and will be shared with the Members. COPYRIGHT: All system content that is broadcasted live during public proceedings is secured by High-bandwidth Digital Content Protection (HDCP), which prevents copyrighted or encrypted content from being displayed or transmitted through unauthorized devices. Members of the public who wish to utilize chamber digital, audio and visual technology may not display copyrighted or encrypted content during public proceedings. AGENDA PACKET: Available on the internet at https://www.sfbos.org/meetings. Meetings are cablecast on SFGovTV, the Government Channel, at www.sfgovtv.org or Cable Channels 26, 78 or 99 (depending on your provider). For DVD copies call (415) 554-4188. LANGUAGE INTERPRETERS: Language services are available in Spanish, Chinese and Filipino at all regular and special Board and Committee meetings if made at least 48 hours in advance of the meeting to help ensure availability. For more information or to request services: Contact Wilson Ng or Arthur Khoo at (415) 554-5184. 傳譯服務: 所有常規及特別市參事會會議和常務委員會會議將提供西班牙文, 中文以及菲律賓文的傳譯服務, 但必須 在會議前最少48小時作出請求, 以確保能獲取到傳譯服務. 將因應請求提供交替傳譯服務, 以便公眾 向有關政府機構 發表意見. 如需更多資訊或請求有關服務, 請致電（415）554-5184聯絡我們. AVISO EN ESPAÑOL: Los servicios de idiomas están disponibles en español, chino, y filipino en todas las reunions regulares y reuniones especiales de la Junta, de los Comités, si se solicita por lo menos 48 horas antes de la reunión para ayudar a garantizar su disponibilidad. Para más información o solicitar servicios, por favor contactar a (415) 554-5184. PAUNAWA: Mayroong serbisyong pang-wika sa Espanyol, Tsino at Pilipino para sa lahat ng mga regular at ### [Page 3](https://sfbos.info/documents/903/2023-02-28-agenda#page-3) espesyal na pagpupulong ng Board, at Komite ng Board. Sa kasalukuyan, mayroong serbisyo sa wikang Pilipino na maaaring hilingin, 48 oras (o mas maaga) bago ng pagpupulong upang matiyak na matutugunan ang inyong kahilingan. Para sa karagdagang impormasyon o para humiling ng serbisyo pang-wika, tawagan lamang ang (415) 554-5184. Americans with Disabilities Act (ADA) The ADA is a civil rights law that protects people with different types of disabilities from discrimination in all aspects of social life. More specifically, Title II of the ADA requires that all programs offered through the state and local government such as the City and County of San Francisco must be accessible and usable to people with disabilities. The ADA and City policy require that people with disabilities have equal access to all City services, activities, and benefits. People with disabilities must have an equal opportunity to participate in the programs and services offered through the City and County of San Francisco. If you believe your rights under the ADA are violated, contact the ADA Coordinator. Ordinance No. 90-10 added Section 2A.22.3 to the Administrative Code, which adopted a Citywide Americans with Disabilities Act Reasonable Modification Policy that requires City departments to: (1) provide notice to the public of the right to request reasonable modification; (2) respond promptly to such requests; (3) provide appropriate auxiliary aids and services to people with disabilities to ensure effective communication; and (4) train staff to respond to requests from the public for reasonable modification, and that requires the Mayor's Office on Disability to provide technical assistance to City departments responding to requests from the public for reasonable modifications. The Board of Supervisors and Office of the Clerk of the Board support the Mayor’s Office on Disability to help make San Francisco a city where all people enjoy equal rights, equal opportunity, and freedom from illegal discrimination under disability rights laws. Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the Government Channel, at www.sfgovtv.org or Cable Channels 26, 78 or 99 (depending on your provider). Board and Committee meeting agendas and minutes are available on the Board’s website (www.sfbos.org) and adhere to web development guidelines based upon the Federal Access Board’s Section 508 Guidelines. To request sign language interpreters, readers, large print agendas or other accommodations, please contact (415) 554-5184 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. If further assistance is needed, please contact Wilson Ng at (415) 554-5184 (wilson.l.ng@sfgov.org). Know Your Rights Under The Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) or to report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-5163; or by email at sotf@sfgov.org. Citizens may obtain a free company of the Sunshine Ordinance by printing the San Francisco Administrative Code, Chapter 67, on the Internet at https://www.sfbos.org/sunshine. Ethics Requirements Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code, Section 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site https://www.sfgov.org/ethics. Under Campaign and Governmental Conduct Code, Section 1.127, no person or entity with a financial interest in a land use matter pending before the Board of Appeals, Board of Supervisors, Building Inspection Commission, Commission on Community Investment and Infrastructure, Historic Preservation Commission, Planning Commission, Port Commission, or the Treasure Island Development Authority Board of Directors, may make a campaign contribution to a member of the Board of Supervisors, the Mayor, the City Attorney, or a candidate for any of those offices, from the date the land use matter commenced until 12 months after the board or commission has made a final decision, or any appeal to another City agency from that decision has been resolved. For more information about this restriction, visit https://sfethics.org. ### [Page 4](https://sfbos.info/documents/903/2023-02-28-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 Remote Access to Information and Participation The Board of Supervisors and its committees will convene hybrid meetings that will allow in-person attendance, remote access, and public comment via teleconference. Visit the SFGovTV website at (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 at the noticed location or remotely via teleconference (detailed instructions available at: https://sfbos.org/remote-meeting-call). Individuals who wish to share documents during a hearing must provide them to the Clerk 48 hours in advance (bos@sfgov.org). Persons attending the meeting in-person who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. Members of the public may also submit their comments by email to: bos@sfgov.org; all comments received will be made a part of the official record. Members of the public attending in-person may be required to wear masks or adhere to current orders, please visit https://sfbos.org/in_person_meeting_guidelines for the current guidelines. Board of Supervisors Regular Meetings begin at 2:00 p.m. on Tuesdays. Board Agendas and their associated documents are available at https://sfbos.org/meetings/42. PUBLIC COMMENT CALL-IN 1 (415) 655-0001 / Meeting ID: 2495 465 2973 # # (Press *3 to enter the speaker line) 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. ROLL CALL AND PLEDGE OF ALLEGIANCE Pursuant to Board Rule 4.7.1 the President shall present the ancestral homeland acknowledgement of the Ramaytush Ohlone, who are the original inhabitants of the San Francisco Peninsula. COMMUNICATIONS APPROVAL OF MEETING MINUTES Approval of the January 24, 2023, Board Meeting Minutes. AGENDA CHANGES City and County of San Francisco Page 4 Printed at 11:23 pm on 2/23/23 ### [Page 5](https://sfbos.info/documents/903/2023-02-28-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 CONSENT AGENDA All matters listed hereunder constitute a Consent Agenda, are considered to be routine by the Board of Supervisors and will be acted upon by a single roll call vote of the Board. There will be no separate discussion of these items unless a member of the Board so requests, in which event the matter shall be removed from the Consent Agenda and considered as a separate item. Questions on the Consent Agenda are on final passage, first reading, adoption, or approved, as indicated. Items 1 through 5 Recommendations of the Government Audit and Oversight Committee Present: Supervisors Preston, Stefani, Chan 1. 230003 [Settlement of Lawsuit - Ludmila Ulitskaya - $65,000] Ordinance authorizing settlement of the lawsuit filed by Ludmila Ulitskaya against the City and County of San Francisco for $65,000; the lawsuit was filed on May 5, 2021, in San Francisco Superior Court, Case No. CGC-21-591299; entitled Ludmila Ulitskaya v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury on a City sidewalk. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? 2. 230005 [Settlement of Lawsuit - Nicole Spencer - $225,000] Ordinance authorizing settlement of the lawsuit filed by Nicole Spencer against the City and County of San Francisco for $225,000; the lawsuit was filed on January 18, 2021, in San Francisco Superior Court, Case No. CGC-21-589457; entitled Nicole Spencer v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? 3. 230006 [Settlement of Lawsuit - Francisco Valle - $1,950,000] Ordinance authorizing settlement of the lawsuit filed by Francisco Valle against the City and County of San Francisco for $1,950,000; the lawsuit was filed on August 30, 2021, in United States District Court-Northern District of California, Case No. 21-cv-5636 EMC; entitled Francisco Valle v. Paolo Morgado, et al.; the lawsuit involves alleged civil rights violations including Brady violations and fabrication of evidence in violation of the Fourteenth Amendment. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 5 Printed at 11:23 pm on 2/23/23 ### [Page 6](https://sfbos.info/documents/903/2023-02-28-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 4. 230007 [Settlement of Unlitigated Claim - AB Taylor Propco LLC - $2,900,000] Resolution approving the settlement of the unlitigated claim filed by AB Taylor Propco LLC against the City and County of San Francisco for $2,900,000; the claim was filed on October 20, 2022; the claim involves allegations of property damage to the Tilden Hotel 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) Question: Shall this Resolution be ADOPTED? 5. 230008 [Settlement of Unlitigated Claim - San Francisco Bay Regional Water Quality Control Board - $236,500] Resolution approving the settlement of an unlitigated claim by the San Francisco Bay Regional Water Quality Control Board against the City and County of San Francisco for $236,500 for alleged violations of combined sewage discharge permit requirements and state laws from 2013 to 2021. (City Attorney) Question: Shall this Resolution be ADOPTED? REGULAR AGENDA NEW BUSINESS Recommendations of the Budget and Finance Committee Present: Supervisors Chan, Mandelman, Safai 6. 230002 [Administrative Code Waivers - Biogas Utilization Project Agreements, Southeast Treatment Plant] Ordinance authorizing the San Francisco Public Utilities Commission (SFPUC) to exempt certain design, construction, finance, operation, and maintenance services and related agreements for the Public-Private Partnership (P3) delivery of the Biogas Utilization Project at the Southeast Treatment Plant (SEP), located at 1800 Jerrold Avenue, from Chapters 6, 14B, and 21, and Section 23.30 of the Administrative Code, but requiring compliance with the underlying public policies, including the payment of prevailing wages, implementation of a local business enterprise participation program, and compliance with the City’s local hire policy and first source hiring ordinance, as applicable to such agreements, and permitting a best-value selection of the contractor team if the City elects to proceed with the Project after completing its review under the California Environmental Quality Act. (Public Utilities Commission) Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 6 Printed at 11:23 pm on 2/23/23 ### [Page 7](https://sfbos.info/documents/903/2023-02-28-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 7. 230097 [De-Appropriation and Appropriation - District 10 General City Responsibility - District 10 Projects and Services - Various Departments - $250,000 - FY2022-2023] Sponsor: Walton Ordinance de-appropriating $250,000 from General City Responsibility and re-appropriating $170,000 to the Human Rights Commission for District 10 safety plan implementation, youth activities such as sports, mentoring, college exploration, and on-site school support to District 10 schools, and $80,000 to the Department of Children, Youth and Their Families for District 10 sports programming for basketball and football in Fiscal Year (FY) 2022-2023. (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? 8. 220949 [Designation of Agents Authorized to Obtain Disaster and Emergency Assistance Funding] Sponsor: Mayor Resolution authorizing agents to act on behalf of the City and County of San Francisco for all matters pertaining to State and Federal disaster and emergency assistance funding and to provide the assurances and agreements required by the Governor's Office of Emergency Services. Question: Shall this Resolution be ADOPTED? 9. 230011 [Grant Agreement Amendment - Meals on Wheels of San Francisco - Home-Delivered Meal (HDM) Nutrition Services to Older Adults - Not to Exceed $35,653,759] Resolution approving the second amendment to the grant agreement between the City and County of San Francisco and the non-profit Meals on Wheels of San Francisco, for the administration of the Home-Delivered Meal (HDM) Nutrition Services to Older Adults program, to increase the grant amount by $4,173,350 for a total not to exceed amount of $35,653,759 effective upon approval of this Resolution, with no change to the grant period of July 1, 2021, through June 30, 2025. (Human Services Agency) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 10. 230012 [Grant Agreement Amendment - Project Open Hand - Congregate Nutrition Services for Older Adults - Not to Exceed $11,782,223] Resolution approving an amendment to the grant agreement between the City and County of San Francisco and the non-profit Project Open Hand, for the administration of the Congregate Nutrition Services for Older Adults program, to increase the grant amount by $2,224,772 for a total not to exceed amount of $11,782,223 effective upon approval of this Resolution, with no change to the grant period of July 1, 2021, through June 30, 2025. (Human Services Agency) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 7 Printed at 11:23 pm on 2/23/23 ### [Page 8](https://sfbos.info/documents/903/2023-02-28-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 11. 230013 [Grant Agreement Amendment - Retroactive - San Francisco-Marin Food Bank - Citywide Grocery Access - Not to Exceed $11,228,328] Resolution retroactively approving an amendment to the grant agreement between the City and County of San Francisco and the non-profit San Francisco-Marin Food Bank, for the administration of the Citywide Grocery Access program, to increase the grant amount by $4,930,828 for a total not to exceed amount of $11,228,328 and to extend the grant period from February 1, 2023, for a total period of July 1, 2022, through June 30, 2023, effective upon approval of this Resolution. (Human Services Agency) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 12. 230014 [Grant Agreement Amendment - Self-Help for the Elderly - Congregate Nutrition Services for Older Adults - Not to Exceed $11,881,213] Resolution approving a second amendment to the grant agreement between the City and County of San Francisco and the non-profit Self-Help for the Elderly, for the administration of the Congregate Nutrition Services for Older Adults program, to increase the grant amount by $1,216,203 for a total not to exceed amount of $11,881,213 effective upon approval of this Resolution, with no change to the grant period of July 1, 2021, through June 30, 2025. (Human Services Agency) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 13. 230015 [Grant Agreement Amendment - Glide Foundation - Free Meals Program - Not to Exceed $12,055,383] Resolution approving a second amendment to the grant agreement between the City and County of San Francisco and the non-profit Glide Foundation, for the administration of the Free Meals Program, to increase the grant amount by $4,187,149 for a total not to exceed amount of $12,055,383 effective upon approval of this Resolution, with no change to the grant period of July 1, 2021, through June 30, 2025. (Human Services Agency) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 14. 230049 [Modification to License and Services Agreement - Airport Research and Development Foundation - Application-Based Commercial Ground Transportation Trip Fee Collection Services - Aggregate Amount Not to Exceed $1,970,000] Resolution approving Modification No. 3 to License and Services Agreement No. 50037 between the City and County of San Francisco, acting by and through its Airport Commission, and Airport Research and Development Foundation, a not-for-profit corporation, to extend the Services Term of the Agreement for two years through March 12, 2025, and cap the payment of the Administrative Services Fee by City at up to $144,000 annually for the period of March 13, 2023, through March 12, 2025, for an aggregate amount not to exceed $1,970,000. (Airport Commission) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 8 Printed at 11:23 pm on 2/23/23 ### [Page 9](https://sfbos.info/documents/903/2023-02-28-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 15. 230067 [Real Property Lease Amendment - 33 Gough, LLC - 33 Gough Street - $1,372,000 Annual Base Rent] Sponsors: Mayor; Dorsey Resolution authorizing the Director of Property, on behalf of the Department of Homelessness and Supportive Housing, to amend the lease with 33 Gough, LLC, as landlord of the real property located at 33 Gough Street, for continued use as a non-congregate cabin program; setting a base rent of $1,372,000 per year; extending the term for two years for a total term of March 14, 2020, through March 13, 2025, with a one-year option to extend; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of the extended term under the lease and this Resolution, as defined herein. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 16. 230100 [Tax Exempt and Taxable Lease Revenue Commercial Paper Certificates of Participation (Series 1 and Series 2) - To Fund Board Approved Capital Projects Not to Exceed $150,000,000] Sponsor: Mayor Resolution re-authorizing the issuance of Tax-Exempt Lease Revenue Commercial Paper Certificates of Participation, Series 1 and Series 2, and Taxable Lease Revenue Commercial Paper Certificates of Participation, Series 1-T and Series 2-T, in an aggregate principal amount not to exceed $150,000,000 to finance the acquisition, construction, and rehabilitation of capital improvements and capital equipment approved by the Board of Supervisors and the Mayor; authorizing the delivery of an alternate credit facility in the principal amount of $163,500,000; and approving and authorizing the execution of a second supplement to trust agreement, a second amendment to site lease, a second amendment to sublease, a revolving credit agreement, a fee agreement, an offering memorandum, and certain other related financing documents, and authorizing other related actions, as defined herein. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 9 Printed at 11:23 pm on 2/23/23 ### [Page 10](https://sfbos.info/documents/903/2023-02-28-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 17. 230101 [Multifamily Housing Revenue Bonds - 4200 Geary - Not to Exceed $60,000,000] Sponsors: Mayor; Chan, Mandelman and Safai Resolution authorizing the issuance and delivery of tax-exempt multifamily housing revenue bonds in an aggregate principal amount not to exceed $60,000,000 for the purpose of providing financing for the construction of a 98-unit, affordable multifamily residential rental housing project for seniors located at 4200 Geary Boulevard within the City; approving the form of and authorizing the execution of an indenture of trust providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a loan agreement; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving modifications, changes and additions to the documents; authorizing the collection of certain fees; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $60,000,000 to finance the acquisition and construction of the 4200 Geary apartments; ratifying and approving any action heretofore taken in connection with the bonds and the Project, as defined herein; granting general authority to City officials to take actions and execute any other documents necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Question: Shall this Resolution be ADOPTED? 18. 230102 [Acquisition of Real Property - 4200 Geary Associates, L.P. - 4200 Geary Boulevard - 100% Affordable Housing - $11,064,369 - Ground Lease with Base Rent of $15,000 - Loan Not to Exceed $20,537,592] Sponsors: Mayor; Chan, Mandelman and Safai Resolution 1) approving and authorizing the Director of Property, on behalf of the Mayor’s Office of Housing and Community Development (“MOHCD”), to acquire Real Property located at 4200 Geary Boulevard (“Property") from 4200 Geary Associates, L.P. (“Borrower”) for $11,064,369 under an Agreement for Purchase and Sale (“Purchase Agreement”); 2) placing the Property under the jurisdiction of MOHCD for use in constructing affordable housing for San Franciscans; 3) approving and authorizing the Director of Property and the Director of MOHCD to enter into a Ground Lease to lease the Property back to the Borrower for a term of 75 years and one 24-year option to extend and an annual base rent of $15,000 (“Ground Lease”) in order to construct a 100% affordable, 98-unit multifamily rental housing development affordable to low-income senior households, including one manager unit and ancillary commercial space (the “Project”); 4) approving and authorizing an Amended and Restated Loan Agreement in an amount not to exceed $20,537,592 for a minimum loan term of 57 years (“Loan Agreement”) to finance the development and construction of the Project; 5) adopting findings declaring that the Property is “exempt surplus land” pursuant to the California Surplus Lands Act; 6) determining that the less than market rent payable under the Ground Lease will serve a public purpose by providing affordable housing for low-income households in need, in accordance with Section 23.3 of the Administrative Code; 7) adopting findings that the Project and proposed transactions are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and 8) authorizing the Director of Property and/or the Director of MOHCD to make certain modifications to the Purchase Agreement, Ground Lease, and Loan Agreement, as defined herein, and take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 10 Printed at 11:23 pm on 2/23/23 ### [Page 11](https://sfbos.info/documents/903/2023-02-28-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 19. 230103 [Accept and Expend Grant - Retroactive - Heluna Health - Patient-Centered Outcomes Research Institute (PCORI) - $133,515] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $33,632 from the Patient-Centered Outcomes Research Institute (PCORI) through Heluna Health for a total amount of $133,515 for participation in a program, entitled “Patient-Centered Outcomes Research Institute (PCORI),” for the period of October 1, 2020, through September 30, 2021. Question: Shall this Resolution be ADOPTED? 20. 230104 [Accept and Expend Grant - Retroactive - Heluna Health - Patient-Centered Outcomes Research Institute (PCORI) - $134,528] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $34,645 from the Patient-Centered Outcomes Research Institute (PCORI) through Heluna Health for a total amount of $134,528 for participation in a program, entitled “Patient-Centered Outcomes Research Institute (PCORI),” for the period of October 1, 2021, through September 30, 2022. (Public Health Department) Question: Shall this Resolution be ADOPTED? 21. 230105 [Execute Standard Agreement and Accept and Expend - Retroactive - California Business Consumer Service and Housing Agency - Encampment Resolution Funding Program - Not to Exceed $10,849,033] Sponsors: Mayor; Safai Resolution retroactively authorizing the Department of Homelessness and Supportive Housing (“HSH”) to execute a Standard Agreement with the California Business, Consumer Service and Housing Agency (“BCHS”), through the California Interagency Council on Homelessness, for a total amount not to exceed $10,849,033 of Encampment Resolution Funding Program grant funds; to retroactively accept and expend those funds to support people experiencing unsheltered homelessness for costs incurred upon approval of the Standard Agreement by BCSH through June 30, 2025; and authorizing HSH to enter into any additions, amendments, or other modifications to the Standard Agreement and grant documents that do not materially increase the obligations or liabilities of the City or materially decrease the benefits to the City. (Department of Homelessness and Supportive Housing) Question: Shall this Resolution be ADOPTED? Recommendations of the Government Audit and Oversight Committee Present: Supervisors Preston, Stefani, Chan 22. 230004 [Settlement of Lawsuit - Merrill Beth Ferguson - $7,500,000] Ordinance authorizing settlement of the lawsuit filed by Merrill Beth Ferguson against the City and County of San Francisco for $7,500,000; the lawsuit was filed on November 12, 2020, in San Francisco Superior Court, Case No. CGC-20-587638; entitled Merrill Beth Ferguson v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle versus pedestrian collision. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 11 Printed at 11:23 pm on 2/23/23 ### [Page 12](https://sfbos.info/documents/903/2023-02-28-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 23. 230040 [Settlement of Unlitigated Claims - WeWork Companies Inc. - $13,346,256.40] Resolution approving the settlement of the unlitigated claims filed by WeWork Companies Inc. against the City and County of San Francisco for $13,346,256.40; the claims were filed on April 12, 2022, May 2, 2022, and November 22, 2022; the claims involve a refund of Early Care and Education Commercial Rents Tax. (City Attorney's Office) Question: Shall this Resolution be ADOPTED? Recommendation of the Public Safety and Neighborhood Services Committee Present: Supervisors Stefani, Engardio, Dorsey 24. 230056 [Health Code - Overdose Prevention Programs] Sponsors: Mayor; Ronen, Preston, Mandelman, Walton and Dorsey Ordinance amending the Health Code to repeal the City’s permitting requirement for the operation of overdose prevention programs. Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Rules Committee Present: Supervisors Dorsey, Safai 25. 221244 [Administrative Code - Extension of Sunset Date and Deadline for Required Reports of Reinvestment Working Group] Sponsors: Preston; Chan Ordinance amending the Administrative Code to extend the time for the Reinvestment Working Group to submit required reports to the Board of Supervisors and the Local Agency Formation Commission, from the current one-year deadline to September 30, 2023, and to extend the sunset date for the Working Group to December 31, 2023. Question: Shall this Ordinance be PASSED ON FIRST READING? Present: Supervisors Dorsey, Walton, Safai 26. 230128 [Appointment, Assessment Appeals Board No. 2 - Stephen Wasserman] Motion appointing Stephen Wasserman, term expiring September 2, 2024, to the Assessment Appeals Board No. 2. (Clerk of the Board) Question: Shall this Motion be APPROVED? 27. 230129 [Appointment, Assessment Appeals Board No. 3 - Elizabeth Miller] Motion appointing Elizabeth Miller, term expiring September 2, 2024, to the Assessment Appeals Board No. 3. (Clerk of the Board) Question: Shall this Motion be APPROVED? City and County of San Francisco Page 12 Printed at 11:23 pm on 2/23/23 ### [Page 13](https://sfbos.info/documents/903/2023-02-28-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 Referred Without Recommendation From the Rules Committee Present: Supervisors Dorsey, Walton, Safai 28. 221147 [Administrative Code - Removing Construction Agreements from the Prohibition on Contracting in States with Certain Types of Discriminatory Laws] Sponsor: Safai Ordinance amending the Administrative Code to remove agreements let under Chapter 6 for Public Works or Improvement from the prohibitions in Chapter 12X on the City’s entering into a contract with a contractor that has its United States headquarters in a state that allows discrimination against LGBT individuals, has restrictive abortion laws, or has voter suppression laws, or where any or all of the contract would be performed in such a state. (Supervisor Walton dissented in committee.) Question: Shall this Ordinance be PASSED ON FIRST READING? SPECIAL ORDER 2:30 P.M. - Recognition of Commendations City and County of San Francisco Page 13 Printed at 11:23 pm on 2/23/23 ### [Page 14](https://sfbos.info/documents/903/2023-02-28-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 COMMITTEE REPORTS Reports from committees, if any, recommending emergency or urgent measures. The following items will be considered by the Rules Committee at a Regular Meeting on Monday, February 27, 2023, at 10:00 a.m. The Chair intends to request the Committee to send the following items as Committee Reports on Tuesday, February 28, 2023. 29. 230125 [Administrative, Business and Tax Regulations Codes - Homelessness Oversight Commission and Related City Bodies] Sponsors: Safai; Mandelman Ordinance amending the Administrative Code and Business and Tax Regulations Code as required by Proposition C, adopted at the November 8, 2022 election, to provide that the Homelessness Oversight Commission (“Commission”) appoint all members of the Local Homeless Coordinating Board (“Coordinating Board”); that the Coordinating Board’s sole duties are to serve as the governing body required to participate in the federal Continuum of Care program and to advise the Commission on issues relating to the Continuum of Care; that the Shelter Monitoring Committee (“Monitoring Committee”) advise the Commission in lieu of the Coordinating Board; that the Our City, Our Home Oversight Committee (“Oversight Committee”) advise and make recommendations to the Commission and the Health Commission; and that the Oversight Committee inform the Department of Homelessness and Supportive Housing’s strategic planning process; and make further amendments not required by Proposition C to increase the number of seats on the Coordinating Board from nine to eleven; decrease the number of seats on the Monitoring Committee from twelve to thirteen; align the Coordinating Board’s member qualifications with Continuum of Care requirements; prohibit members of the Coordinating Board, the Monitoring Committee, and the Shelter Grievance Advisory Committee (“Grievance Committee”) from serving on other City bodies related to homelessness; provide that the Commission appoint members of the Grievance Committee and the Monitoring Committee; require the Director of the Department of Homelessness and Supportive Housing (“Department”) attend Commission meetings and provide administrative support to the Commission and the Monitoring Committee; remove the Mayor’s sole authority to appoint and remove the Director of the Department; require the Department to report to the Commission in lieu of the Coordinating Board for the Mayor’s Fund for the Homeless and the Navigation Partnerships Fund; and require that the Grievance Committee and the Monitoring Committee provide reports to the Commission. Question: Shall this Ordinance be PASSED ON FIRST READING? 30. 221008 [Limiting Teleconferencing and Remote Public Comment at Meetings of the Board of Supervisors and its Committees] Sponsor: Mandelman Motion discontinuing remote participation by members of the Board of Supervisors (“Board”) at meetings of the Board and its committees for reasons related to COVID-19; and discontinuing remote public comment by members of the public at meetings of the Board and its committees, except as legally required to enable people with disabilities to participate in such meetings. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 14 Printed at 11:23 pm on 2/23/23 ### [Page 15](https://sfbos.info/documents/903/2023-02-28-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 31. ROLL CALL FOR INTRODUCTIONS Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities. 32. PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. PUBLIC COMMENT CALL-IN 1 (415) 655-0001 / Meeting ID: 2495 465 2973 # # (Press *3 to enter the speaker line) FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved, as indicated. (PUBLIC COMMENT for Items 33 through 40 will be taken during Item 32 - General Public Comment.) Items 33 through 40 33. 230174 [Declaring the Intent to Waive Fee for Major Encroachment Permit - Seal Rock Inn Restaurant] Sponsor: Chan Resolution of intent to waive the Major Encroachment Permit fees and related ongoing fees, including the annual occupancy assessment fee, for the Seal Rock Inn Restaurant. 02/14/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 15 Printed at 11:23 pm on 2/23/23 ### [Page 16](https://sfbos.info/documents/903/2023-02-28-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 34. 230175 [Declaring the Intent to Waive Fees - Detroit Steps Project] Sponsor: Melgar Resolution of intent to waive the Major Encroachment Permit fee, General Plan Referral fee, Annual Assessment to Maintain Major Encroachment, and Street Improvement fee associated with the Detroit Steps Project. 02/14/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 35. 230176 [Richard Alfred Galli Day - February 28, 2023] Sponsor: Peskin Resolution commending Richard Alfred Galli for his service to the United States of America as a war veteran and his contributions to the City and County of San Francisco as a 30-year member of the San Francisco Fire Department; and declaring February 28, 2023, to be “Richard Alfred Galli Day” in the City and County of San Francisco. 02/14/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 36. 230177 [Condemning House Concurrent Resolution 9] Sponsor: Preston Resolution condemning the passage of “Red-Baiting” House Concurrent Resolution 9, and urging Congress not to engage in, vote for, or otherwise support fearmongering and red-baiting by the federal government. 02/14/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 37. 230178 [Upholding San Francisco Values to Protect our Sanctuary City] Sponsors: Ronen; Walton, Preston, Melgar and Chan Resolution urging the Department of Homeland Security (DHS) and the Biden Administration to reject the recent attack on San Francisco’s long-standing Sanctuary Ordinance and urging DHS to extradite the accused individuals without further delay. 02/14/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 16 Printed at 11:23 pm on 2/23/23 ### [Page 17](https://sfbos.info/documents/903/2023-02-28-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 38. 230179 [Urging Governor Gavin Newsom, Senator Scott Wiener, Assembly Member Matt Haney, and Assembly Member Phil Ting to Legalize Sex Work in California] Sponsor: Ronen Resolution urging Governor Gavin Newsom, Senator Scott Wiener, Assembly Member Matt Haney, and Assembly Member Phil Ting to legalize consensual adult prostitution in the State of California; legalization is a proven effective method to protect the health and safety of sex workers while reducing crime and violence. 02/14/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 39. 230185 [Supporting California State Senate Bill No. 252 (Gonzalez) - Public Retirement Systems: Fossil Fuels: Divestment] Sponsors: Peskin; Walton, Engardio, Melgar and Chan Resolution supporting California State Senate Bill No. 252, introduced by Senator Lena Gonzalez, requiring the California Public Employees’ Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS) to divest from fossil fuel companies. 02/15/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 40. 230187 [Appointment, Bicycle Advisory Committee - Joshua Kelly] Motion appointing Joshua Kelly, term ending November 19, 2024, to the Bicycle Advisory Committee. (Clerk of the Board) 02/14/2023; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 17 Printed at 11:23 pm on 2/23/23 ### [Page 18](https://sfbos.info/documents/903/2023-02-28-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 41. IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is required for the resolution(s). [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. (PUBLIC COMMENT WILL BE TAKEN on any Imperative Agenda item introduced.) 1 (415) 655-0001 / Meeting ID: 2495 465 2973 # # (Press *3 to enter the speaker line) 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. Legislation Introduced will appear on the Final Minutes for this meeting. Once the Legislation Introduced is approved, it will be available on http://www.sfbos.org/legislation_introduced. City and County of San Francisco Page 18 Printed at 11:23 pm on 2/23/23 ### [Page 19](https://sfbos.info/documents/903/2023-02-28-agenda#page-19) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 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 ORDINANCES 230188 [Settlement of Lawsuit - Precious Espinosa - $75,000] Ordinance authorizing settlement of the lawsuit filed by Precious Espinosa against the City and County of San Francisco for $75,000; the lawsuit was filed on June 15, 2021, in San Francisco Superior Court, Case No. CGC-21-592684; entitled Precious Espinosa v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury on a City sidewalk. (City Attorney) 02/07/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 230189 [Settlement of Lawsuit - Charlene Tuchman/Ellen Tuchman Rothmann - City to Receive $250,000] Ordinance authorizing settlement of the lawsuits filed by Charlene Tuchman and by Ellen Tuchman Rothmann, as successor in interest to Charlene Tuchman, against the City and County of San Francisco for a payment to the City of $250,000; the lawsuits were filed on March 24, 2021, and March 9, 2022, in San Francisco Superior Court, Case Nos. CGC-21-590596 and CGC-22-598595; the lawsuits involve personal injuries sustained on a City sidewalk; other material terms of the settlement are payment of $250,000 to Plaintiff from 3800 Washington, LLC. (City Attorney) 02/07/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 230190 [Settlement of Lawsuit - Jose Chavarria - $3,000,000] Ordinance authorizing settlement of the lawsuit filed by Jose Chavarria against the City and County of San Francisco for $3,000,000; the lawsuit was filed on September 30, 2020, in San Francisco Superior Court, Case No. CGC-20-586880; entitled Jose Chavarria v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury arising out of police vehicle collision; other material terms of the settlement are City to waive $33,607.51 offset for unpaid Zuckerberg San Francisco General Hospital bills. (City Attorney) 02/13/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. City and County of San Francisco Page 19 Printed at 11:23 pm on 2/23/23 ### [Page 20](https://sfbos.info/documents/903/2023-02-28-agenda#page-20) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 230191 [Settlement of Lawsuit - MJM Management Group - City to Receive $400,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against MJM Management Group for $400,000; the lawsuit was filed on April 29, 2020, in San Francisco Superior, Case No. CGC-20-584294; entitled City and County of San Francisco v. MJM Management Group, et al.; the lawsuit involves allegations of false claims for reimbursement in connection with property management expenses at Yerba Buena Gardens; consistent with the requirements of the California False Claims Act, a portion of the City’s recovery shall be allocated to the qui tam plaintiff and to the City Attorney’s Office. (City Attorney) 02/17/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 230192 [Planning Code - Landmark Designation Amendment - 429-431 Castro Street (the Castro Theatre)] Ordinance amending the Landmark Designation for Landmark No. 100, 429-431 Castro Street (the Castro Theatre), Assessor’s Parcel Block No. 3582, Lot No. 085, under Article 10 of the Planning Code, to list the exterior features that should be preserved or replaced in kind, to add interior features to the designation, and to capture the property’s full historical significance; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) 02/15/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; ASSIGNED UNDER 30 DAY RULE to the Land Use and Transportation Committee. PROPOSED RESOLUTIONS 230193 [Annual Surveillance Report Regarding Surveillance Technology] Resolution accepting Annual Surveillance Reports under Administrative Code, Section 19B.6, for the following departments: Airport, Arts Commission, Asian Art Museum, Child Support Services, City Administrator’s Office - Real Estate Division, Department of Emergency Management, Department of Homelessness and Supportive Housing, Department of Human Resources, Department of Public Health, Department of Public Works, Department of Technology, Fire Department, Human Services Agency, Municipal Transportation Agency, Police Department, Port of San Francisco, Public Library, Public Utilities Commission, Recreation and Park Department, Rent Stabilization and Arbitration Board, and War Memorial Department. (City Administrator) 02/13/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; RECEIVED AND ASSIGNED to the Rules Committee. City and County of San Francisco Page 20 Printed at 11:23 pm on 2/23/23 ### [Page 21](https://sfbos.info/documents/903/2023-02-28-agenda#page-21) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 230194 [Settlement of Unlitigated Claims against Walmart Inc. - City to Receive Approximately $2.6 Million to $6.8 Million Over 6 Years] Resolution authorizing settlement of unlitigated claims on behalf of the City and County of San Francisco and the People of the State of California against Walmart Inc. for abatement funds in the range of $2.6 million to $6.8 million to be paid over 6 years; the claims relate to Walmart Inc.’s allegedly improper and unlawful dispensing of prescription opioids at its pharmacies, which contributed to the epidemic of opioid abuse and misuse and caused a public nuisance. (City Attorney) 02/17/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. 230195 [Settlement of Unlitigated Claims against CVS Health Corporation and CVS Pharmacy, Inc. - City to Receive Approximately $4.5 Million to $12 Million Over 10 Years] Resolution authorizing settlement of unlitigated claims on behalf of the City and County of San Francisco and the People of the State of California against CVS Health Corporation and CVS Pharmacy, Inc. for abatement funds in the range of $4.5 million to $12 million to be paid over 10 years; the claims relate to CVS’s allegedly improper and unlawful dispensing of prescription opioids at its pharmacies, which contributed to the epidemic of opioid abuse and misuse and caused a public nuisance. (City Attorney) 02/17/2023; RECEIVED FROM DEPARTMENT. 02/28/2023; RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee. City and County of San Francisco Page 21 Printed at 11:23 pm on 2/23/23 ### [Page 22](https://sfbos.info/documents/903/2023-02-28-agenda#page-22) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 230201 [Petitions and Communications] Petitions and Communications received from February 9, 2023, through February 23, 2023, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on February 28, 2023. Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information will not be redacted. From the Office of the Mayor, making the following appointments to the following body. Copy: Each Supervisor. (1) Appointments pursuant to Charter, Section 4.133(b)(1) · Homeless Oversight Commission o Sharky Laguana, Seat 1 - term ending May 1, 2025 o Dr. Jonathan Butler, Seat 2 - term ending May 1, 2027 o Katie Albright, Seat 3 - term ending May 1, 2027 o Vikrum Aiyer, Seat 4 - term ending May 1, 2025 From various departments, pursuant to Administrative Code, Section 12B.5-1.3, submitting Chapter 12B Waiver Request Forms. 4 Contracts. Copy: Each Supervisor. (2) From the Mayor’s Office of Housing and Community Development, submitting a response to District 5 Supervisor Preston’s Office Letter of Inquiry issued at the Board meeting of January 24, 2023. Copy: Each Supervisor. (3) From the Office of the Clerk of the Board, submitting on behalf of District 2 Supervisor Stefani’s Office, a Letter of Inquiry to the Health Commission issued at the Board meeting of February 14, 2023. Copy: Each Supervisor. (4) From the Department of Public works, submitting the San Francisco Public Works Annual Report for Fiscal Year (FY) 2021-2022. Copy: Each Supervisor. (5) From the Office of the Treasurer and Tax Collector, pursuant to California State Government Code, Section 53646, submitting the CCSF Pooled Investment Report as of January 31, 2023. Copy: Each Supervisor. (6) From the Office of the City Administrator, submitting policy alternatives to Chapter 12X of the Administrative Code. Copy: Each Supervisor. (7) From the Offices of the Controller, City Attorney, and City Administrator, submitting Policy and Procedures regarding City Nonprofit Supplier Compliance with California Attorney General Registry of Charitable Trusts. Copy: Each Supervisor. (8) From the San Francisco Planning Commission, submitting Planning Commission Resolution No. 21236 which approves of a proposed Ordinance that would amend the Planning Code and the Zoning Map to add The Village Special Use District. File No. 221261. Copy: Each Supervisor. (9) From the Office of the Chief Medical Examiner, pursuant to San Francisco Health Code, Article 4, Section 227, submitting the Preliminary Accidental Drug Overdose Data Report for January 2023. Copy: Each Supervisor. (10) From the San Francisco Public Utilities Commission (SFPUC), submitting a Filing of Revised SFPUC Rules and Regulations under City Charter, Section 4.104. Copy: Each City and County of San Francisco Page 22 Printed at 11:23 pm on 2/23/23 ### [Page 23](https://sfbos.info/documents/903/2023-02-28-agenda#page-23) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 Supervisor. (11) From the Youth Commission, submitting a memo regarding Youth Commission meetings held on Tuesday, January 17, 2023, and Monday, February 6, 2023. Copy: Each Supervisor. (12) From the Youth Commission, submitting a memo regarding a Hearing to discuss and understand what is happening with Juvenile Hall since its closure in 2021. Copy: Each Supervisor. (13) From the Department of Public Health, responding to District 2 Supervisor Stefani’s Clerk to Act request from Board meeting of December 13, 2022. Copy: Each Supervisor. (14) From San Francisco Public Works, submitting a Declaration of Emergency regarding a plumbing failure at the San Francisco Main Library. Copy: Each Supervisor. (15) From the Planning Department, submitting a proposed Ordinance that would amend the Landmark Designation for Landmark No. 100, 429-431 Castro Street (the Castro Theatre). Copy: Each Supervisor. (16) From members of the public, regarding Capp Street. 2 Letters. Copy: Each Supervisor. (17) From members of the public, regarding John F. Kennedy Drive. 2 Letters. Copy: Each Supervisor. (18) From members of the public, regarding the Slow Streets Program. 2 Letters. Copy: Each Supervisor. (19) From Chris Ward Kline, regarding various subjects. 3 Letters. Copy: Each Supervisor. (20) From members of the public, regarding a Hearing of the Board of Supervisors on the Draft San Francisco Reparations Plan and Dream Keeper Initiative updates, File No. 230078; and a Resolution accepting the Draft San Francisco Reparations Plan, File No. 230109. 3 Letters. Copy: Each Supervisor. (21) From members of the public, regarding the Oasis Family Shelter. 3 Letters. Copy: Each Supervisor. (22) From Monica D., regarding various subjects. 5 Letters. Copy: Each Supervisor. (23) From members of the public, regarding GrowSF’s Safe Streets Pledge. 8 Letters. Copy: Each Supervisor. (24) From Grantland Gears, regarding San Francisco streets. Copy: Each Supervisor. (25) From Wynship Hillier, regarding the Behavioral Health Commission’s Annual Reports. Copy: Each Supervisor. (26) From Aaron Goodman, regarding public transit. Copy: Each Supervisor. (27) From Anastasia Glikshtern, regarding the use of pesticides at Glen Canyon Park. Copy: Each Supervisor. (28) From Mira Martin-Parker, regarding various subjects. Copy: Each Supervisor. (29) From members of the public, regarding a proposed Ordinance appropriating $27,640,247 of City and County of San Francisco Page 23 Printed at 11:23 pm on 2/23/23 ### [Page 24](https://sfbos.info/documents/903/2023-02-28-agenda#page-24) Board of Supervisors Meeting Agenda Tuesday, February 28, 2023 General Fund General Reserves to the Police Department; de-appropriating $31,151,450 from permanent salaries, mandatory fringe benefits, and overtime for increased overtime budget in the Police Department in Fiscal Year (FY) 2022-2023. File No. 230158. 5 Letters. Copy: Each Supervisor. (30) From Tony Wong, regarding parking meters. Copy: Each Supervisor. (31) From Maureen Kenney, regarding city trash cans and illegal dumping. Copy: Each Supervisor. (32) From members of the public, regarding a proposed cannabis dispensary at 1019 Ocean Avenue. 3 Letters. Copy: Each Supervisor. (33) From members of the public, regarding various subjects concerning drug use. 4 Letters. Copy: Each Supervisor (34) From Dr. Emily M. Murase, regarding a proposed Resolution declaring February 19th to be an Annual Day of Remembrance to commemorate the signing of Executive Order 9066. File No. 230141. Copy: Each Supervisor. (35) From Jeannette Zanipatin, regarding a proposed Ordinance that would amend the Health Code to repeal the City’s permitting requirement for the operation of overdose prevention programs. File No. 230056. Copy: Each Supervisor. (36) From members of the public, regarding the 1 California Transit San Francisco Municipal Transportation Agency (SFMTA) Hearing. 557 Letters. Copy: Each Supervisor (37) From members of the public, regarding the expiration of the Public Health Emergency Orders. 585 Letters. Copy: Each Supervisor. (38) From Zacks, Freedman & Patterson, PC, regarding a proposed Ordinance that would amend the Administrative Code to add a definition of Tourist or Transient Use under the Residential Hotel Unit Conversion and Demolition Ordinance. Copy: Each Supervisor. (39) From Jonathan Lachance, regarding safety at the intersection of 19th Avenue and Irving Street. Copy: Each Supervisor. (40) From Anastasia Yovanopoulos, regarding a Motion discontinuing remote participation by members of the Board of Supervisors (Board) at meetings of the Board and its committees for reasons related to COVID-19; and discontinuing remote public comment by members of the public at meetings of the Board and its committees. File No. 221008. Copy: Each Supervisor. (41) From Steve Capchak, regarding parking in Hayes Valley. Copy: Each Supervisor. (42) From Julien DeFrance, regarding homelessness. Copy: Each Supervisor. (43) ADJOURNMENT City and County of San Francisco Page 24 Printed at 11:23 pm on 2/23/23