Board of Supervisors Minutes: February 28, 2023

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) Resolution No. 078-23 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

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. Resolution No. 076-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 079-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 080-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 081-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 082-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 083-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 085-23 ADOPTED by the following vote:

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

Noes: None

230067 [Real Property Lease Amendment - 33 Gough, LLC - 33 Gough Street - $1,372,000 Annual Base Rent] Sponsors: Mayor; Dorsey and Ronen 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) Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 075-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 086-23 ADOPTED by the following vote:

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

Noes: None

f 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. Resolution No. 073-23 ADOPTED by the following vote:

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

Noes: None

velopment 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) Resolution No. 072-23 ADOPTED by the following vote:

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

Noes: None

230103 [Accept and Expend Grant - Retroactive - Heluna Health - Patient-Centered Outcomes Research Institute (PCORI) - $133,515] Sponsors: Mayor; Mandelman and Dorsey 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. Supervisor Dorsey requested to be added as a co-sponsor. Resolution No. 087-23 ADOPTED by the following vote:

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

Noes: None

230104 [Accept and Expend Grant - Retroactive - Heluna Health - Patient-Centered Outcomes Research Institute (PCORI) - $134,528] Sponsors: Mayor; Mandelman and Dorsey 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) Supervisor Dorsey requested to be added as a co-sponsor. Resolution No. 088-23 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 074-23 ADOPTED by the following vote:

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

Noes: None

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

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) Resolution No. 084-23 ADOPTED by the following vote:

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

Noes: None

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. PASSED ON FIRST READING by the following vote:

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

Noes: None

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. PASSED ON FIRST READING by the following vote:

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

Noes: None

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. (Rules Committee) Motion No. M23-035 APPROVED by the following vote:

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

Noes: None

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. (Rules Committee) Motion No. M23-036 APPROVED by the following vote:

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

Noes: None

221147 [Administrative Code - Removing Construction Agreements from the Prohibition on Contracting in States with Certain Types of Discriminatory Laws] Sponsors: Safai; Mandelman 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. (Supervisors Chan, Melgar, Preston, and Walton voted no on First Reading.) Supervisor Safai, seconded by Supervisor Walton, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of March 14, 2023. The motion carried by the following vote:

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

Noes: None

rther 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. PASSED ON FIRST READING by the following vote:

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

Noes: None

221008 [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. Privilege of the floor was granted unanimously to Nicole Bohn, Director (Mayor’s Office on Disability), and Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Dorsey, seconded by Supervisor Melgar, moved that this Motion be CONTINUED to the Board of Supervisors meeting of March 7, 2023. The motion carried by the following vote:

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

Noes: None

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) Motion No. M23-037 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

230177 [Condemning House Concurrent Resolution 9] Sponsors: Preston; Dorsey 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. Supervisor Dorsey requested to be added as a co-sponsor. Supervisor Preston, seconded by Supervisor Ronen, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 7, 2023. The motion carried by the following vote:

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

Noes: None

230178 [Upholding San Francisco Values to Protect our Sanctuary City] Sponsors: Ronen; Walton, Preston, Melgar, Chan, Safai and Peskin 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. Supervisor Safai requested to be added as a co-sponsor. Supervisor Ronen, seconded by Supervisor Stefani, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 7, 2023. The motion carried by the following vote:

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

Noes: None

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. Supervisor Ronen, seconded by Supervisor Stefani, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 7, 2023. The motion carried by the following vote:

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

Noes: None