# Board of Supervisors Minutes: April 4, 2023 - Meeting date: 2023-04-04 - Document type: minutes - Pages in official PDF: 35 - [Canonical HTML transcript](https://sfbos.info/documents/912/2023-04-04-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=1091493&GUID=8EFC69E0-1E1C-4356-AC9E-2A6B7A43B674) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 221162: Business and Tax Regulations Code - Extending Temporary Suspension of Business Registration and Fee for Transportation Network Company Drivers and Taxi Drivers - Pages: 3 ### File 230045: Settlement of Lawsuit - Andrea Cervantes - $400,000 - Pages: 3-4 ### File 230046: Settlement of Lawsuit - Erica Zweig - $85,000 - Pages: 4 ### File 230119: Settlement of Lawsuit - William Bailey - $52,500 - Pages: 4 ### File 230188: Settlement of Lawsuit - Precious Espinosa - $75,000 - Pages: 4 ### File 230189: Settlement of Lawsuit - Charlene Tuchman/Ellen Tuchman Rothmann - City to Receive $250,000 - Pages: 4 ### File 230190: Settlement of Lawsuit - Jose Chavarria - $3,000,000 - Pages: 4-5 ### File 230191: Settlement of Lawsuit - MJM Management Group - City to Receive $400,000 - Pages: 5 ### File 230047: Settlement of Unlitigated Claim - SF Vertigo LLC - $3,367,576 - Pages: 5 ### File 230048: Settlement of Unlitigated Claim - Tapjoy, Inc. - $54,242.10 - Pages: 5 ### File 230092: Settlement of Unlitigated Claims - U.S. Department of Health and Human Services - City to Receive $277,894.52 - Pages: 5-6 ### File 230260: Administrative Code - COVID-19 Tenant Protections - Pages: 6 ### File 230162: Police Code - Cannabis Regulation - Pages: 6 ### File 230160: Administrative Code - Establishing the Enhanced Infrastructure Financing District Public Financing Authority No. 1 - Pages: 6-7 - Vote 1: final-passage, likely final - Action: 230160 [Administrative Code - Establishing the Enhanced Infrastructure Financing District Public Financing Authority No. 1] Sponsors: Mayor; Walton, Safai and Dorsey Ordinance amending the Administrative Code to establish and define the membership and duties of the Enhanced Infrastructure Financing District Public Financing Authority No. 1. Supervisor Dorsey requested to be added as a co-sponsor. Ordinance No. 044-23 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230158: Appropriation - General Reserve - $25,371,063 - Other Revenue - $587,029 - Fund Balance - $834,204 - Police Department - Overtime - De-Appropriation and Re-Appropriation - $31,999,402 - Releasing $7,430,008 from Reserve - FY2022-2023 - Pages: 7 - Vote 1: final-passage, likely final - Action: ropriation - $31,999,402 - Releasing $7,430,008 from Reserve - FY2022-2023] Sponsors: Mayor; Stefani, Dorsey, Engardio, Mandelman and Safai Ordinance appropriating $25,371,063 of General Fund General Reserves, $587,029 of other revenues, and $834,204 of special revenue fund balance to the Police Department; de-appropriating $31,999,402 from permanent salaries, mandatory fringe benefits, equipment, budgeted debt service, budgeted project expenditures, and overtime for increased overtime budget in the Police Department in Fiscal Year (FY) 2022-2023 as required per Administrative Code, Section 3.17, required biweekly reporting to the Board of Supervisors on overtime by neighborhood, and releasing $7,430,008 from expenditure reserve; this Ordinance requires a two-thirds approval vote of all members of the Board of Supervisors pursuant to Charter Section 9.113(c). (Supervisors Preston and Walton voted No on First Reading.) (Pursuant to Charter, Section 9.113(c), this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such appropriation ordinance for passage.) (Fiscal Impact) Ordinance No. 043-23 FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Ronen, Safai, Stefani - Noes: Preston, Walton ### File 230214: Public Employment - Amendment to the Salary Ordinance for the Department of Public Works - Street Cleaning and Graffiti Abatement - FY2022-2023 - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 230214 [Public Employment - Amendment to the Salary Ordinance for the Department of Public Works - Street Cleaning and Graffiti Abatement - FY2022-2023] Sponsors: Peskin; Safai, Chan, Preston and Ronen Ordinance amending Ordinance No. 162-22 (Annual Salary Ordinance Fiscal Years (FY) 2022-2023 and 2023-2024) to reflect the addition of 56 off-budget positions (18.67 FTEs) in the Department of Public Works to support street cleaning and graffiti abatement in FY2022-2023. (Fiscal Impact) Ordinance No. 049-23 FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230215: Appropriation - General Reserve - Public Works - $25,000,000 - FY2022-2023 - Pages: 8 - Vote 1: final-passage, likely final - Action: 230215 [Appropriation - General Reserve - Public Works - $25,000,000 - FY2022-2023] Sponsors: Peskin; Safai, Chan, Preston and Ronen Ordinance appropriating $25,000,000 of General Fund General Reserves for street cleaning and graffiti abatement in the Department of Public Works in Fiscal Year (FY) 2022-2023. (Fiscal Impact) Ordinance No. 046-23 FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 221182: Contract Modification - Jefferies LLC - Litigation Consulting Services - Not to Exceed $15,500,000 - Pages: 8-9 - Vote 1: adoption, likely final - Action: 221182 [Contract Modification - Jefferies LLC - Litigation Consulting Services - Not to Exceed $15,500,000] Resolution authorizing the second amendment to a contract between the Office of the City Attorney and Jefferies LLC for litigation consulting services to extend the contract term for four years and five months, from April 1, 2023, for a total contract term of May 17, 2019, through September 17, 2027, and to increase the contract amount by $5,501,000 for a new contract amount not to exceed $15,500,000, pursuant to Charter, Section 9.118(b); and to authorize the City Attorney to enter into amendments or modifications to the contract that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract or this Resolution. (City Attorney) (Fiscal Impact) Resolution No. 150-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230218: Apply for Grant - The Related Companies of California, LLC and San Francisco Housing Development Corporation - Assumption of Liability - Dept. of Housing and Community Development Affordable Housing and Sustainable Communities Program - 160 Freelon Family - Pages: 9 - Vote 1: adoption, likely final - Action: Apply for Grant - The Related Companies of California, LLC and San Francisco Housing Development Corporation - Assumption of Liability - Dept. of Housing and Community Development Affordable Housing and Sustainable Communities Program - 160 Freelon Family] Sponsors: Mayor; Dorsey, Mandelman and Safai Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with The Related Companies of California, LLC and San Francisco Housing Development Corporation, for the 100% affordable housing project identified as 160 Freelon Family; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 151-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230219: Apply for Grant - MidPen Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - 850 Turk Street - Pages: 9-10 - Vote 1: adoption, likely final - Action: 230219 [Apply for Grant - MidPen Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - 850 Turk Street] Sponsors: Mayor; Stefani, Mandelman, Safai and Preston Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with MidPen Housing Corporation, a California public benefit corporation, for the 100% affordable housing project identified as 850 Turk Street; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Supervisor Preston requested to be added as a co-sponsor. Resolution No. 152-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230220: Apply for Grant - BRIDGE Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Balboa Reservoir Building A - Pages: 10 - Vote 1: adoption, likely final - Action: 230220 [Apply for Grant - BRIDGE Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Balboa Reservoir Building A] Sponsors: Mayor; Melgar, Safai and Mandelman Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with BRIDGE Housing Corporation, a California public benefit corporation, for the 159-unit 100% affordable housing project identified as Balboa Reservoir Building A; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 153-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230261: Apply for Grant - Mercy Housing California - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Transbay 2 East Family - Pages: 10 - Vote 1: adoption, likely final - Action: 230261 [Apply for Grant - Mercy Housing California - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Transbay 2 East Family] Sponsors: Mayor; Dorsey, Mandelman and Safai Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with Mercy Housing California, for the 100% affordable housing project identified as Transbay 2 East Family; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 154-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230229: Accept and Expend Grant - Retroactive - Public Defender’s Adachi Project - Ford Foundation Grant - $200,000 - Pages: 10-11 - Vote 1: adoption, likely final - Action: 230229 [Accept and Expend Grant - Retroactive - Public Defender’s Adachi Project - Ford Foundation Grant - $200,000] Sponsors: Chan; Ronen Resolution retroactively approving the Public Defender’s Office’s participation in applying for and directing the expenditure of a grant from the Ford Foundation to Even/Odd, LLC in collaboration with the creative collective Compound for implementation of the Adachi Project in the amount of $200,000 for the period of May 1, 2022, through May 1, 2024. (Public Defender) Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 155-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230166: Police Code - Displaced Worker Protections Under Certain Service Contracts - Pages: 11 - Vote 1: first-reading - Action: 66 [Police Code - Displaced Worker Protections Under Certain Service Contracts] Sponsors: Safai; Chan, Preston, Stefani, Walton, Ronen, Mandelman, Melgar and Dorsey Ordinance amending the Police Code to require an awarding authority, following the termination or end of a contract for janitorial, security, or building maintenance services in San Francisco, to provide information to facilitate the successor contractor’s retention of the terminated or ending contractor’s employees; to strengthen enforcement by permitting the City Attorney or an aggrieved employee to bring a civil action against the awarding authority for injunctive relief; to further strengthen enforcement by authorizing the Office of Labor Standards Enforcement (OLSE) to, among other things, promulgate rules, investigate possible violations, and order interim or final relief, including backpay, administrative penalties, costs of investigation, and interest; and to establish procedures for a person subject to an OLSE investigation to appeal the OLSE’s determination of violation. Supervisors Walton, Ronen, Mandelman, Melgar, and Dorsey requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 221284: Urging Internet Service Providers to Provide Truly Affordable Internet for Senior and Disabled San Franciscans - Pages: 11 - Vote 1: adoption, likely final - Action: 221284 [Urging Internet Service Providers to Provide Truly Affordable Internet for Senior and Disabled San Franciscans] Sponsors: Preston; Chan, Walton, Melgar, Ronen and Safai Resolution urging internet service providers, such as AT&T, Verizon, Comcast, and similar companies to provide affordable internet connections to seniors and people with disabilities in San Francisco. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 156-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230194: Settlement of Unlitigated Claims against Walmart Inc. - City to Receive Approximately $2,600,000 to $6,800,000 Over 6 Years - Pages: 11-12 - Vote 1: continuance - Action: 230194 [Settlement of Unlitigated Claims against Walmart Inc. - City to Receive Approximately $2,600,000 to $6,800,000 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 $2,600,000 to $6,800,000 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) Supervisor Ronen, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 11, 2023. The motion carried by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230195: Settlement of Unlitigated Claims against CVS Health Corporation and CVS Pharmacy, Inc. - City to Receive Approximately $4,500,000 to $12,000,000 Over 10 Years - Pages: 12 - Vote 1: continuance - Action: 230195 [Settlement of Unlitigated Claims against CVS Health Corporation and CVS Pharmacy, Inc. - City to Receive Approximately $4,500,000 to $12,000,000 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 $4,500,000 to $12,000,000 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) Supervisor Ronen, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 11, 2023. The motion carried by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Vote 2: other - Action: Recommendations of the Land Use and Transportation Committee Supervisor Safai Excused from Voting Out of an abundance of caution, Supervisor Safai requested to be excused from voting on File No. 210585 due to a possible conflict of interest. Supervisor Safai, seconded by Supervisor Mandelman, moved that Supervisor Safai be excused from voting on File No. 210585. The motion carried by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton - Excused: Safai ### File 210585: Planning Code - State-Mandated Accessory Dwelling Unit Controls - Pages: 12-13 - Vote 1: first-reading - Action: 210585 [Planning Code - State-Mandated Accessory Dwelling Unit Controls] Sponsor: Mayor Ordinance amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs) meeting certain requirements in single-family and multifamily buildings and to permit certain ADUs in the rear yard under the City’s local, discretionary approval program; making findings under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton - Excused: Safai ### File 230134: Police, Building Codes - Wage Theft Bonds - Pages: 13 - Vote 1: first-reading - Action: 230134 [Police, Building Codes - Wage Theft Bonds] Sponsors: Mandelman; Chan Ordinance amending the Police and Building Codes to require owners of certain residential construction projects to maintain a labor compliance bond at the time of issuance of the first construction document; and clarifying that the bonding requirement applies to projects that submitted an application for a building permit or a complete preliminary permit application pursuant to California Government Code, Section 65941.1, on or after June 6, 2022. PASSED ON FIRST READING by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230139: Commemorative Street Name Designation - “Randall Kline Alley” - 200 Block of Linden Street - Pages: 13 - Vote 1: adoption, likely final - Action: 230139 [Commemorative Street Name Designation - “Randall Kline Alley” - 200 Block of Linden Street] Sponsors: Peskin; Preston and Engardio Resolution adding the commemorative street name “Randall Kline Alley” to the 200 Block of Linden Street in recognition of Randall Kline’s retirement from SFJAZZ and in celebration of founding the organization 40 years ago, while also recognizing the construction and opening of the SFJAZZ Center 10 years ago. Resolution No. 157-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230228: Condemning Texas State Senate Bill No. 147 (Kolkhorst) - Banning the Purchase of Real Property by Immigrants - Pages: 13-14 - Vote 1: adoption, likely final - Action: 230228 [Condemning Texas State Senate Bill No. 147 (Kolkhorst) - Banning the Purchase of Real Property by Immigrants] Sponsors: Chan; Peskin, Preston, Walton, Dorsey, Ronen, Mandelman and Melgar Resolution condemning Texas State Senate Bill No. 147, introduced by Texas State Senator Lois Kolkhorst, that prohibits immigrants from owning Texas real estate. Supervisors Ronen, Mandelman, and Melgar requested to be added as co-sponsors. Resolution No. 158-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230082: Liquor License Transfer - 655-22 Street - Mainstay Markets - Pages: 14 - Vote 1: adoption, likely final - Action: 230082 [Liquor License Transfer - 655-22 Street - Mainstay Markets] Resolution determining that the premise-to-premise transfer of a Type-20 off-sale beer and wine liquor license to Mainstay Markets, to do business as Mainstay Markets located at 655-22 Street (District 10), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 159-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230089: Liquor License Issuance - 1710-1712 Mission Street - Brick and Mortar Music Hall - Pages: 14 - Vote 1: adoption, likely final - Action: 230089 [Liquor License Issuance - 1710-1712 Mission Street - Brick and Mortar Music Hall] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to The Waterslide LLC, to do business as Brick & Mortar Music Hall located at 1710-1712 Mission Street (District 9), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 145-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230264: Japantown Cultural Heritage District’s Cultural, History, Housing, and Economic Sustainability Strategy Report - Pages: 14-15 - Vote 1: adoption, likely final - Action: 230264 [Japantown Cultural Heritage District’s Cultural, History, Housing, and Economic Sustainability Strategy Report] Sponsors: Mayor; Chan, Safai, Engardio, Peskin, Preston, Dorsey, Mandelman and Ronen Resolution adopting the Japantown Cultural Heritage District’s Cultural, History, Housing, and Economic Sustainability Strategy (“CHHESS”) Report. Supervisors Mandelman and Ronen requested to be added as co-sponsors. Resolution No. 160-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 221245: Administrative Code - Reentry Council; Pretrial Services Seat - Pages: 15 - Vote 1: first-reading - Action: 221245 [Administrative Code - Reentry Council; Pretrial Services Seat] Sponsor: Ronen Ordinance amending the Administrative Code to add a seat to the Reentry Council, to be appointed by the Board of Supervisors, designated for a representative of the entity responsible for the administration of pretrial services involving alternatives to incarceration. PASSED ON FIRST READING by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230126: Appointment, Public Works Commission - Gerald Demarcus Turner - Pages: 15-16 - Vote 1: approval, likely final - Action: 230126 [Appointment, Public Works Commission - Gerald Demarcus Turner] Motion appointing Gerald Demarcus Turner, term ending July 2, 2024, to the Public Works Commission. (Rules Committee) Motion No. M23-048 APPROVED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230284: Mayoral Appointment, Port Commission - Ed Harrington - Pages: 16 - Vote 1: approval, likely final - Action: 230284 [Mayoral Appointment, Port Commission - Ed Harrington] Motion approving the Mayor’s nomination for appointment of Ed Harrington to the Port Commission, term ending May 1, 2024. (Clerk of the Board) (Charter, Section 4.114, provides that the Mayor's appointment is subject to confirmation by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: March 13, 2023.) Motion No. M23-049 APPROVED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230320: Urging Governor Gavin Newsom to Overhaul the California Employment Development Department - Pages: 18 ### File 230321: Urging Prioritization and Equitable Distribution of Rent Relief Funds to Small Property Owners and Affordable Housing Providers - Pages: 18 ### File 230322: Supporting California State Assembly Bill No. 645 (Friedman) - Vehicles: Speed Safety System Pilot Program - Pages: 18-19 ### File 230323: Supporting California State Assembly Bill No. 1001 (Haney) - Health Facilities: Behavioral Health Emergency Services - Pages: 19 ### File 230325: Supporting California State Assembly Bill No. 316 (Aguiar-Curry and Friedman) - Vehicles: Autonomous Vehicles - Pages: 19 ### File 230326: Protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults - Pages: 19 ### File 230327: Commemorating the 50th Anniversary of the Chinese Progressive Association - Pages: 19-20 ### File 230328: Supporting California State Assembly Bill No. 912 (Jones-Sawyer) - The SAFE Act - Pages: 20 ### File 230347: Concurring in Proclamation of Local Emergency - Severe Winter Storms - Pages: 20 - Vote 1: approval, likely final - Action: cers to take all steps requested by the Executive Director of DEM to qualify the City for funding as may be available to reimburse the City for the expenses it incurs in addressing this emergency; 3) expedite the procurement of services, goods, and public works relating to the emergency by exempting contracts and grants for such services from specific contract requirements, waiving Civil Service Commission approval of such contracts and grants, authorizing departments to purchase professional services through the issuance of a stand-alone purchase order, authorizing department heads or their designees to deviate from the City’s standard terms and conditions where necessary to effectively respond to the emergency, and authorizing the procurement of public works as provided in Administrative Code, Section 6.60; and 4) authorize the Director of the Department of Building Inspection to require a façade inspection and/or inspection report regarding any building at a time or interval that the Director deems necessary to address the risk of unsafe conditions caused by winter storms. (Clerk of the Board) Motion No. M23-050 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230368: Appropriation - $275,000,000 Total Including Appropriation of $260,878,172 in Certificates of Participation Refunding Proceeds and Deappropriation and Reappropriation of $14,121,828 in Series 2023-R1 Refunding - FY2022-2023 - Pages: 21-22 ### File 230369: Authorizing Refunding Certificates of Participation, Series 2023-R1 - Multiple Capital Improvement Projects - Not to Exceed $275,000,000 - Pages: 22-23 ### File 230370: Authorizing Tax-Exempt and/or Taxable Certificates of Participation - Multiple Affordable Housing and Community Facilities Projects - Not to Exceed $146,800,000 - Pages: 23-24 ### File 230371: Planning and Building Codes - Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization - Pages: 24 ### File 230372: Planning Code - Development Impact Fees for Commercial to Residential Adaptive Reuse Projects - Pages: 24-25 ### File 230373: Existing Building Code - Façade Inspections for Tall Buildings - Pages: 25 ### File 230374: Building Code - Streamlining Site Permit Review - Pages: 25 ### File 230375: Administrative Code - Including Military Service in Definition of “Public Service” for Retirement Service Credit Purchases - Pages: 25 ### File 230376: Multifamily Housing Revenue Notes - Sunnydale HOPE SF Block 3A - Not to Exceed $68,761,006 - Pages: 25-26 ### File 230377: Loan Agreement - Sunnydale Block 3A Housing Partners, L.P. - Sunnydale HOPE SF Block 3A - 100% Affordable Housing - Loan Amount Not to Exceed $27,272,065 - Pages: 26 ### File 230378: Accept and Expend Grant - California Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Sunnydale Block 3A - $21,205,299 - Pages: 26-27 ### File 230379: Multifamily Housing Revenue Note - Hunters View Phase 3 - Vertical - Not to Exceed $76,000,000 - Pages: 27 ### File 230380: Loan Agreement - HV Partners 3, LP - Hunters View HOPE SF Vertical Phase III - 100% Affordable Housing - Not to Exceed $50,495,000 - Pages: 27-28 ### File 230381: Accept and Expend Grant - Federal Aviation Administration - Airport Terminal Program Grant - $31,000,000 - Pages: 28 ### File 230382: Accept and Expend Grant - Retroactive - United States Department of Health and Human Services - Title X Family Planning Program - $301,725 - Pages: 28 ### File 230383: Opposing Funding Cuts to the Statewide Public Defense Pilot Program - Pages: 28 ### File 230384: Resolution of Intent to Designate the Wild Parrots of San Francisco as the Official Animal of San Francisco - Pages: 28 ### File 230395: The Week of the Young Child in San Francisco - April 2 through April 8, 2023 - Pages: 28 ### File 230385: City Policy Restricting Payment to Twitter for Blue Checkmark Verification - Pages: 28-29 ### File 230394: Supporting BAHFA November 2024 General Obligation Bond for Affordable Housing - Pages: 29 ### File 230386: Resolution of Intention - Excelsior Community Benefit District - Pages: 29 ### File 230387: Filicide Awareness Week - April 9 through April 15, 2023 - Pages: 29 ### File 230388: Amending the Rules of Order - Dissolving the Youth, Young Adult, and Families Committee - Pages: 29-30 ### File 230396: Closed Session - Anticipated Litigation - Funding Overdose Prevention Centers - April 18, 2023 - Pages: 30 ### File 230348: Appointment, Park, Recreation, and Open Space Advisory Committee - Joanne Scott - Pages: 30 ### File 230361: Mayoral Appointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Vanessa Aquino - Pages: 30 ### File 230365: Committee of the Whole - Report of Assessment Costs - Building Code Enforcement Violations - May 23, 2023, at 3:00 p.m. - Pages: 30 ### File 230389: Hearing - Five Year Financial Plan Update - Pages: 30-31 ### File 230390: Hearing - Safety and Condition of the City’s Approximately 125,000 Trees after Weather in Late 2022 and Early 2023 - Pages: 31 ### File 230391: Hearing - BLA Performance Audit - Affordable Housing Funds Administered by the Mayor’s Office of Housing and Community Development - Pages: 31 ### File 230392: Hearing - Community Ambassadors - Pages: 31-32 ### File 230334: Settlement of Lawsuit - Alexis Krup - $3,325,000 - Pages: 32 ### File 230335: Settlement of Lawsuit - M. Hernandez Construction, Inc. - $137,000 - Pages: 32 ### File 230337: Contract Amendment - Bay Cities Produce Co, Inc. - Purchase of Fresh and Frozen Produce for ZSFGH and LHH - Not to Exceed $11,100,000 - Pages: 32-33 ### File 230338: Settlement of Unlitigated Claim - Executive Hotel Vintage Court, LLC - $762,965 - Pages: 33 ### File 230339: Settlement of Unlitigated Claim - SF Americania LLC - $4,692,008 - Pages: 33 ### File 230340: Tolling Agreement - Treasure Island Series 1, LLC - Real Property Transfer Tax Dispute - Pages: 33 ### File 230341: Lease Amendment - International Terminal Food and Beverage Lease 3, Lease No. 16-0014 - Tastes on the Fly SFO International, LLC - Reduction of Premises - Pages: 33-34 ### File 230342: Airline and Airport 2023 Lease and Use Agreement - Various Airlines - Pages: 34 ### File 230343: Contract Amendment - Richmond Area Multi-Services, Inc. - Behavioral Health Services for Adults, Older Adults, and Transitional Age Youth - Not to Exceed $61,137,386 - Pages: 34 ### File 230344: Authorization to Gift Debenham Comedy Recording Collection to Emerson College - Pages: 34-35 ## Extracted text ### [Page 1](https://sfbos.info/documents/912/2023-04-04-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, April 4, 2023 - 2:00 PM IN-PERSON MEETING Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 (remote access provided) (remote public comment provided via teleconference) www.sfgovtv.org 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 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 and Behavioral Health Select Committee 2nd and 4th Friday Supervisors Ronen, Mandelman, Walton 10:00 AM Land Use and Transportation Committee Monday Supervisors Melgar, Preston, Peskin 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Thursday Supervisors 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. Volume 118 Number 11 ### [Page 2](https://sfbos.info/documents/912/2023-04-04-minutes#page-2) Board of Supervisors Meeting Minutes 4/4/2023 Members Present: Connie Chan, Matt Dorsey, Joel Engardio, Rafael Mandelman, Myrna Melgar, Aaron Peskin, Dean Preston, Hillary Ronen, Ahsha Safai, Catherine Stefani, and Shamann Walton The Board of Supervisors of the City and County of San Francisco met in regular session, in-person with remote access and public comment also available via telephone, on Tuesday, April 4, 2023, with President Aaron Peskin presiding. President Peskin called the meeting to order at 2:02 p.m. Remote Access to Information and Participation The Board of Supervisors and its committees convene hybrid meetings that allow in-person attendance, in-person public comment (prioritized before remote public comment), remote access, and remote public comment via teleconference (https://sfbos.org/remote-meeting-call). 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. Live watch San Francisco Cable Channels 26, 28, 78 or 99 (depending on your provider) or stream meetings on the SFGovTV website (www.sfgovtv.org). 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. Visit the Board’s website (www.sfbos.org) for additional information or contact the Office of the Clerk of the Board at (415) 554-5184. ROLL CALL AND PLEDGE OF ALLEGIANCE On the call of the roll, Supervisors Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton were noted present. All Members were present. President Peskin presented the ancestral homeland acknowledgement of the Ramaytush Ohlone, who are the original inhabitants of the San Francisco Peninsula, pursuant to Board Rule 4.7.1. COMMUNICATIONS (Those who are providing public comment remotely must dial *3 to be added to the remote queue to speak. Written comments may be submitted through email (bos@sfgov.org) or the U.S. Postal Service at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102.) City and County of San Francisco Page 257 Printed at 2:04 pm on 3/29/24 ### [Page 3](https://sfbos.info/documents/912/2023-04-04-minutes#page-3) Board of Supervisors Meeting Minutes 4/4/2023 APPROVAL OF MEETING MINUTES President Peskin inquired whether any Member of the Board had any corrections to the February 28, 2023, Regular Board Meeting Minutes, as presented. There were no corrections requested from any Member of the Board. Supervisor Walton, seconded by Supervisor Mandelman, moved to approve the February 28, 2023, Regular Board Meeting Minutes, as presented. The motion carried by the following vote, following general public comment: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton AGENDA CHANGES There were no agenda changes. CONSENT AGENDA Recommendation of the Budget and Finance Committee 221162 [Business and Tax Regulations Code - Extending Temporary Suspension of Business Registration and Fee for Transportation Network Company Drivers and Taxi Drivers] Sponsors: Peskin; Chan and Mandelman Ordinance amending the Business and Tax Regulations Code to extend through Fiscal Year 2027-2028 the temporary suspension of the application of the business registration and fee requirements to transportation network company drivers and taxi drivers. Ordinance No. 045-23 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 230045 [Settlement of Lawsuit - Andrea Cervantes - $400,000] Ordinance authorizing settlement of the lawsuit filed by Andrea Cervantes against the City and County of San Francisco for $400,000; the lawsuit was filed on August 10, 2020, in San Francisco Superior Court, Case No. CGC-20-586083; entitled Andrea Cervantes v. City and County of San Francisco et al.; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING City and County of San Francisco Page 258 Printed at 2:04 pm on 3/29/24 ### [Page 4](https://sfbos.info/documents/912/2023-04-04-minutes#page-4) Board of Supervisors Meeting Minutes 4/4/2023 230046 [Settlement of Lawsuit - Erica Zweig - $85,000] Ordinance authorizing settlement of the lawsuit filed by Erica Zweig against the City and County of San Francisco for $85,000; the lawsuit was filed on August 20, 2021, in San Francisco Superior Court, Case No. CGC-21-594634; entitled Erica Zweig v. City and County of San Francisco; the lawsuit involves an alleged trip and fall on a City Street. (City Attorney) PASSED ON FIRST READING 230119 [Settlement of Lawsuit - William Bailey - $52,500] Ordinance authorizing settlement of the lawsuit filed by William Bailey against the City and County of San Francisco for $52,500; the lawsuit was filed on October 27, 2020, in San Francisco Superior Court, Case No. CGC-20-587323; entitled William Bailey v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING City and County of San Francisco Page 259 Printed at 2:04 pm on 3/29/24 ### [Page 5](https://sfbos.info/documents/912/2023-04-04-minutes#page-5) Board of Supervisors Meeting Minutes 4/4/2023 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) PASSED ON FIRST READING 230047 [Settlement of Unlitigated Claim - SF Vertigo LLC - $3,367,576] Resolution approving the settlement of the unlitigated claim filed by SF Vertigo LLC against the City and County of San Francisco by payment of $3,367,576; the claim was filed on November 16, 2022; the claim involves allegations of property damage to the Hotel Vertigo 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. 169-23 ADOPTED 230048 [Settlement of Unlitigated Claim - Tapjoy, Inc. - $54,242.10] Resolution approving the settlement of the unlitigated claim filed by Tapjoy, Inc. against the City and County of San Francisco for $54,242.10; the claim was filed on September 3, 2022; the claim involves a refund of Gross Receipts Tax. (City Attorney) Resolution No. 148-23 ADOPTED 230092 [Settlement of Unlitigated Claims - U.S. Department of Health and Human Services - City to Receive $277,894.52] Resolution approving the settlement of unlitigated claims in favor of the City and County of San Francisco against the U.S. Department of Health and Human Services by payment of $277,894.52 to the City; the claims were filed on February 8, 2007, January 16, 2013, and August 18, 2017; the claims involve underpayment of Medicare costs by the U.S. Department of Health and Human Services for direct graduate medical education and indirect medical education. (City Attorney) Resolution No. 149-23 ADOPTED City and County of San Francisco Page 260 Printed at 2:04 pm on 3/29/24 ### [Page 6](https://sfbos.info/documents/912/2023-04-04-minutes#page-6) Board of Supervisors Meeting Minutes 4/4/2023 Recommendation of the Land Use and Transportation Committee 230260 [Administrative Code - COVID-19 Tenant Protections] Sponsors: Preston; Walton, Peskin, Ronen, Chan and Dorsey Ordinance amending the Administrative Code to extend by 60 days the restrictions on evicting or imposing late fees on residential tenants who could not pay rent that came due during the COVID-19 emergency. Supervisor Dorsey requested to be added as a co-sponsor. Ordinance No. 047-23 FINALLY PASSED Recommendation of the Public Safety and Neighborhood Services Committee 230162 [Police Code - Cannabis Regulation] Sponsor: Mandelman Ordinance amending the Police Code to allow holders of temporary cannabis business permits to transfer an aggregate ownership interest of 50% or more in the business to persons that were not owners at the time the temporary permit was issued so long as five years or more have passed since the Office of Cannabis Director first acknowledged receipt of the business’s application for a temporary cannabis business permit, regardless of whether the business has received a permanent cannabis business permit. Ordinance No. 048-23 FINALLY PASSED Recommendation of the Rules Committee 230160 [Administrative Code - Establishing the Enhanced Infrastructure Financing District Public Financing Authority No. 1] Sponsors: Mayor; Walton, Safai and Dorsey Ordinance amending the Administrative Code to establish and define the membership and duties of the Enhanced Infrastructure Financing District Public Financing Authority No. 1. Supervisor Dorsey requested to be added as a co-sponsor. Ordinance No. 044-23 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 261 Printed at 2:04 pm on 3/29/24 ### [Page 7](https://sfbos.info/documents/912/2023-04-04-minutes#page-7) Board of Supervisors Meeting Minutes 4/4/2023 REGULAR AGENDA UNFINISHED BUSINESS Referred Without Recommendations From the Budget and Appropriations Committee 230158 [Appropriation - General Reserve - $25,371,063 - Other Revenue - $587,029 - Fund Balance - $834,204 - Police Department - Overtime - De-Appropriation and Re-Appropriation - $31,999,402 - Releasing $7,430,008 from Reserve - FY2022-2023] Sponsors: Mayor; Stefani, Dorsey, Engardio, Mandelman and Safai Ordinance appropriating $25,371,063 of General Fund General Reserves, $587,029 of other revenues, and $834,204 of special revenue fund balance to the Police Department; de-appropriating $31,999,402 from permanent salaries, mandatory fringe benefits, equipment, budgeted debt service, budgeted project expenditures, and overtime for increased overtime budget in the Police Department in Fiscal Year (FY) 2022-2023 as required per Administrative Code, Section 3.17, required biweekly reporting to the Board of Supervisors on overtime by neighborhood, and releasing $7,430,008 from expenditure reserve; this Ordinance requires a two-thirds approval vote of all members of the Board of Supervisors pursuant to Charter Section 9.113(c). (Supervisors Preston and Walton voted No on First Reading.) (Pursuant to Charter, Section 9.113(c), this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such appropriation ordinance for passage.) (Fiscal Impact) Ordinance No. 043-23 FINALLY PASSED by the following vote: Ayes: 9 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Ronen, Safai, Stefani Noes: 2 - Preston, Walton President Peskin requested File Nos. 230214 and 230215 be called together. 230214 [Public Employment - Amendment to the Salary Ordinance for the Department of Public Works - Street Cleaning and Graffiti Abatement - FY2022-2023] Sponsors: Peskin; Safai, Chan, Preston and Ronen Ordinance amending Ordinance No. 162-22 (Annual Salary Ordinance Fiscal Years (FY) 2022-2023 and 2023-2024) to reflect the addition of 56 off-budget positions (18.67 FTEs) in the Department of Public Works to support street cleaning and graffiti abatement in FY2022-2023. (Fiscal Impact) Ordinance No. 049-23 FINALLY PASSED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 262 Printed at 2:04 pm on 3/29/24 ### [Page 8](https://sfbos.info/documents/912/2023-04-04-minutes#page-8) Board of Supervisors Meeting Minutes 4/4/2023 230215 [Appropriation - General Reserve - Public Works - $25,000,000 - FY2022-2023] Sponsors: Peskin; Safai, Chan, Preston and Ronen Ordinance appropriating $25,000,000 of General Fund General Reserves for street cleaning and graffiti abatement in the Department of Public Works in Fiscal Year (FY) 2022-2023. (Fiscal Impact) Ordinance No. 046-23 FINALLY PASSED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton NEW BUSINESS Recommendations of the Budget and Finance Committee 221182 [Contract Modification - Jefferies LLC - Litigation Consulting Services - Not to Exceed $15,500,000] Resolution authorizing the second amendment to a contract between the Office of the City Attorney and Jefferies LLC for litigation consulting services to extend the contract term for four years and five months, from April 1, 2023, for a total contract term of May 17, 2019, through September 17, 2027, and to increase the contract amount by $5,501,000 for a new contract amount not to exceed $15,500,000, pursuant to Charter, Section 9.118(b); and to authorize the City Attorney to enter into amendments or modifications to the contract that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract or this Resolution. (City Attorney) (Fiscal Impact) Resolution No. 150-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 263 Printed at 2:04 pm on 3/29/24 ### [Page 9](https://sfbos.info/documents/912/2023-04-04-minutes#page-9) Board of Supervisors Meeting Minutes 4/4/2023 President Peskin requested File Nos. 230218, 230219, 230220, and 230261 be called together. 230218 [Apply for Grant - The Related Companies of California, LLC and San Francisco Housing Development Corporation - Assumption of Liability - Dept. of Housing and Community Development Affordable Housing and Sustainable Communities Program - 160 Freelon Family] Sponsors: Mayor; Dorsey, Mandelman and Safai Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with The Related Companies of California, LLC and San Francisco Housing Development Corporation, for the 100% affordable housing project identified as 160 Freelon Family; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 151-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230219 [Apply for Grant - MidPen Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - 850 Turk Street] Sponsors: Mayor; Stefani, Mandelman, Safai and Preston Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with MidPen Housing Corporation, a California public benefit corporation, for the 100% affordable housing project identified as 850 Turk Street; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Supervisor Preston requested to be added as a co-sponsor. Resolution No. 152-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 264 Printed at 2:04 pm on 3/29/24 ### [Page 10](https://sfbos.info/documents/912/2023-04-04-minutes#page-10) Board of Supervisors Meeting Minutes 4/4/2023 230220 [Apply for Grant - BRIDGE Housing Corporation - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Balboa Reservoir Building A] Sponsors: Mayor; Melgar, Safai and Mandelman Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with BRIDGE Housing Corporation, a California public benefit corporation, for the 159-unit 100% affordable housing project identified as Balboa Reservoir Building A; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 153-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230261 [Apply for Grant - Mercy Housing California - Assumption of Liability - Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Transbay 2 East Family] Sponsors: Mayor; Dorsey, Mandelman and Safai Resolution authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application, as defined herein, under the Department of Housing and Community Development Affordable Housing and Sustainable Communities (“AHSC”) Program as a joint applicant with Mercy Housing California, for the 100% affordable housing project identified as Transbay 2 East Family; authorizing the City to assume any joint and several liability for completion of the projects required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 154-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230229 [Accept and Expend Grant - Retroactive - Public Defender’s Adachi Project - Ford Foundation Grant - $200,000] Sponsors: Chan; Ronen Resolution retroactively approving the Public Defender’s Office’s participation in applying for and directing the expenditure of a grant from the Ford Foundation to Even/Odd, LLC in collaboration with the creative collective Compound for implementation of the Adachi Project in the amount of $200,000 for the period of May 1, 2022, through May 1, 2024. (Public Defender) Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 155-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 265 Printed at 2:04 pm on 3/29/24 ### [Page 11](https://sfbos.info/documents/912/2023-04-04-minutes#page-11) Board of Supervisors Meeting Minutes 4/4/2023 Recommendations of the Government Audit and Oversight Committee 230166 [Police Code - Displaced Worker Protections Under Certain Service Contracts] Sponsors: Safai; Chan, Preston, Stefani, Walton, Ronen, Mandelman, Melgar and Dorsey Ordinance amending the Police Code to require an awarding authority, following the termination or end of a contract for janitorial, security, or building maintenance services in San Francisco, to provide information to facilitate the successor contractor’s retention of the terminated or ending contractor’s employees; to strengthen enforcement by permitting the City Attorney or an aggrieved employee to bring a civil action against the awarding authority for injunctive relief; to further strengthen enforcement by authorizing the Office of Labor Standards Enforcement (OLSE) to, among other things, promulgate rules, investigate possible violations, and order interim or final relief, including backpay, administrative penalties, costs of investigation, and interest; and to establish procedures for a person subject to an OLSE investigation to appeal the OLSE’s determination of violation. Supervisors Walton, Ronen, Mandelman, Melgar, and Dorsey requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 221284 [Urging Internet Service Providers to Provide Truly Affordable Internet for Senior and Disabled San Franciscans] Sponsors: Preston; Chan, Walton, Melgar, Ronen and Safai Resolution urging internet service providers, such as AT&T, Verizon, Comcast, and similar companies to provide affordable internet connections to seniors and people with disabilities in San Francisco. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 156-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton President Peskin requested File Nos. 230194 and 230195 be called together. 230194 [Settlement of Unlitigated Claims against Walmart Inc. - City to Receive Approximately $2,600,000 to $6,800,000 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 $2,600,000 to $6,800,000 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) Supervisor Ronen, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 11, 2023. The motion carried by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 266 Printed at 2:04 pm on 3/29/24 ### [Page 12](https://sfbos.info/documents/912/2023-04-04-minutes#page-12) Board of Supervisors Meeting Minutes 4/4/2023 230195 [Settlement of Unlitigated Claims against CVS Health Corporation and CVS Pharmacy, Inc. - City to Receive Approximately $4,500,000 to $12,000,000 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 $4,500,000 to $12,000,000 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) Supervisor Ronen, seconded by Supervisor Walton, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 11, 2023. The motion carried by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Recommendations of the Land Use and Transportation Committee Supervisor Safai Excused from Voting Out of an abundance of caution, Supervisor Safai requested to be excused from voting on File No. 210585 due to a possible conflict of interest. Supervisor Safai, seconded by Supervisor Mandelman, moved that Supervisor Safai be excused from voting on File No. 210585. The motion carried by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton Excused: 1 - Safai 210585 [Planning Code - State-Mandated Accessory Dwelling Unit Controls] Sponsor: Mayor Ordinance amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs) meeting certain requirements in single-family and multifamily buildings and to permit certain ADUs in the rear yard under the City’s local, discretionary approval program; making findings under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Stefani, Walton Excused: 1 - Safai City and County of San Francisco Page 267 Printed at 2:04 pm on 3/29/24 ### [Page 13](https://sfbos.info/documents/912/2023-04-04-minutes#page-13) Board of Supervisors Meeting Minutes 4/4/2023 230134 [Police, Building Codes - Wage Theft Bonds] Sponsors: Mandelman; Chan Ordinance amending the Police and Building Codes to require owners of certain residential construction projects to maintain a labor compliance bond at the time of issuance of the first construction document; and clarifying that the bonding requirement applies to projects that submitted an application for a building permit or a complete preliminary permit application pursuant to California Government Code, Section 65941.1, on or after June 6, 2022. PASSED ON FIRST READING by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230139 [Commemorative Street Name Designation - “Randall Kline Alley” - 200 Block of Linden Street] Sponsors: Peskin; Preston and Engardio Resolution adding the commemorative street name “Randall Kline Alley” to the 200 Block of Linden Street in recognition of Randall Kline’s retirement from SFJAZZ and in celebration of founding the organization 40 years ago, while also recognizing the construction and opening of the SFJAZZ Center 10 years ago. Resolution No. 157-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230228 [Condemning Texas State Senate Bill No. 147 (Kolkhorst) - Banning the Purchase of Real Property by Immigrants] Sponsors: Chan; Peskin, Preston, Walton, Dorsey, Ronen, Mandelman and Melgar Resolution condemning Texas State Senate Bill No. 147, introduced by Texas State Senator Lois Kolkhorst, that prohibits immigrants from owning Texas real estate. Supervisors Ronen, Mandelman, and Melgar requested to be added as co-sponsors. Resolution No. 158-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 268 Printed at 2:04 pm on 3/29/24 ### [Page 14](https://sfbos.info/documents/912/2023-04-04-minutes#page-14) Board of Supervisors Meeting Minutes 4/4/2023 Recommendations of the Public Safety and Neighborhood Services Committee President Peskin requested File Nos. 230082 and 230089 be called together. 230082 [Liquor License Transfer - 655-22 Street - Mainstay Markets] Resolution determining that the premise-to-premise transfer of a Type-20 off-sale beer and wine liquor license to Mainstay Markets, to do business as Mainstay Markets located at 655-22 Street (District 10), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 159-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230089 [Liquor License Issuance - 1710-1712 Mission Street - Brick and Mortar Music Hall] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to The Waterslide LLC, to do business as Brick & Mortar Music Hall located at 1710-1712 Mission Street (District 9), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 145-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230264 [Japantown Cultural Heritage District’s Cultural, History, Housing, and Economic Sustainability Strategy Report] Sponsors: Mayor; Chan, Safai, Engardio, Peskin, Preston, Dorsey, Mandelman and Ronen Resolution adopting the Japantown Cultural Heritage District’s Cultural, History, Housing, and Economic Sustainability Strategy (“CHHESS”) Report. Supervisors Mandelman and Ronen requested to be added as co-sponsors. Resolution No. 160-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 269 Printed at 2:04 pm on 3/29/24 ### [Page 15](https://sfbos.info/documents/912/2023-04-04-minutes#page-15) Board of Supervisors Meeting Minutes 4/4/2023 Recommendations of the Rules Committee 221245 [Administrative Code - Reentry Council; Pretrial Services Seat] Sponsor: Ronen Ordinance amending the Administrative Code to add a seat to the Reentry Council, to be appointed by the Board of Supervisors, designated for a representative of the entity responsible for the administration of pretrial services involving alternatives to incarceration. PASSED ON FIRST READING by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230126 [Appointment, Public Works Commission - Gerald Demarcus Turner] Motion appointing Gerald Demarcus Turner, term ending July 2, 2024, to the Public Works Commission. (Rules Committee) Motion No. M23-048 APPROVED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton City and County of San Francisco Page 270 Printed at 2:04 pm on 3/29/24 ### [Page 16](https://sfbos.info/documents/912/2023-04-04-minutes#page-16) Board of Supervisors Meeting Minutes 4/4/2023 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Without objection, Rule 5.36 of the Rules of the Board of Supervisors was suspended to grant privilege of the floor to the following guest(s). Supervisor Safai introduced, welcomed, and presented a Certificate of Honor to the San Francisco Civil Grand Jury, accepted by the 2022-2023 Foreperson, Karen Kennard, in recognition of the Civil Grand Jury’s hard work and tremendous efforts scrutinizing the conduct of public business for the City and County of San Francisco. COMMITTEE REPORTS Recommendation of the Rules Committee 230284 [Mayoral Appointment, Port Commission - Ed Harrington] Motion approving the Mayor’s nomination for appointment of Ed Harrington to the Port Commission, term ending May 1, 2024. (Clerk of the Board) (Charter, Section 4.114, provides that the Mayor's appointment is subject to confirmation by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: March 13, 2023.) Motion No. M23-049 APPROVED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. City and County of San Francisco Page 271 Printed at 2:04 pm on 3/29/24 ### [Page 17](https://sfbos.info/documents/912/2023-04-04-minutes#page-17) Board of Supervisors Meeting Minutes 4/4/2023 PUBLIC COMMENT Speaker; spoke on their personal religious ideas. Speaker; spoke in support of the Resolution urging protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults (File No. 230326). Jordan Davis; spoke in support of the Resolution urging protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults (File No. 230326). Lena Young; expressed concerns regarding the rent relief program and its effects on small property owners. Suzanne; expressed support of newly introduced legislation opposing state funding cuts to the Public Defense Pilot Program statewide. Gloria Berry; expressed support of reparations. Brandy Markman; spoke in support of the Resolution urging protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults (File No. 230326). Francisco Da Costa; expressed concerns regarding accountability and transparency. Alyssa Olear; expressed support of newly introduced legislation opposing state funding cuts to the Public Defense Pilot Program statewide. Speaker; expressed concerns regarding the rent relief program and its effects on small property owners. Krystal; expressed support of newly introduced legislation opposing state funding cuts to the Public Defense Pilot Program statewide. Elizabeth Fraser; expressed support of newly introduced legislation opposing state funding cuts to the Public Defense Pilot Program statewide. Speaker; expressed support of the Resolution supporting California State Assembly Bill No. 316, Autonomous Vehicles (File No. 230325). Speaker; expressed concerns regarding the rent relief program and its effects on small property owners. Speaker; expressed support of newly introduced legislation opposing state funding cuts to the Public Defense Pilot Program statewide. Speaker; spoke in support of the Resolution urging protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults (File No. 230326). Karen Kushman; spoke in support of the Resolution urging protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults (File No. 230326). Speaker; expressed concerns regarding the rent relief program and its effects on small property owners. Speaker; expressed concerns regarding their constitutional rights and the appropriation of funding. Speaker; expressed support of newly introduced legislation opposing state funding cuts to the Public Defense Pilot Program statewide. Speaker; expressed concerns regarding the rent relief program and its effects on small property owners. Alice Bokman; spoke in support of the Resolution urging protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults (File No. 230326). Speaker; expressed concerns regarding the rent relief program and its effects on small property owners. Jaime Galoria; spoke in support of the Resolution urging protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults (File No. 230326). Otto Duffy; shared concerns regarding religious times of reflection. City and County of San Francisco Page 272 Printed at 2:04 pm on 3/29/24 ### [Page 18](https://sfbos.info/documents/912/2023-04-04-minutes#page-18) Board of Supervisors Meeting Minutes 4/4/2023 Appointment of President Pro Tempore At the request of President Peskin, Supervisor Walton assumed the chair at 3:28 p.m. The President resumed the chair 3:40 p.m. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 230320 [Urging Governor Gavin Newsom to Overhaul the California Employment Development Department] Sponsors: Chan; Mandelman Resolution urging Governor Gavin Newsom to overhaul and increase the useability of the California Employment Development Department. Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 161-23 ADOPTED 230321 [Urging Prioritization and Equitable Distribution of Rent Relief Funds to Small Property Owners and Affordable Housing Providers] Sponsor: Chan Resolution urging the Mayor’s Office of Housing and Community Development to prioritize small property owners and affordable housing providers in the distribution of rent relief funds and design the rent relief program to be fully accessible in multiple languages and ensure equitable access to the program in all neighborhoods. Resolution No. 162-23 ADOPTED 230322 [Supporting California State Assembly Bill No. 645 (Friedman) - Vehicles: Speed Safety System Pilot Program] Sponsors: Dorsey; Peskin, Mandelman, Stefani, Engardio and Ronen Resolution supporting Assembly Bill No. 645, introduced by Assembly Member Laura Friedman, which would allow the City and County of San Francisco, and other municipalities to establish a Speed Safety System Pilot Program and to urge interagency cooperation upon its passage. Resolution No. 163-23 ADOPTED City and County of San Francisco Page 273 Printed at 2:04 pm on 3/29/24 ### [Page 19](https://sfbos.info/documents/912/2023-04-04-minutes#page-19) Board of Supervisors Meeting Minutes 4/4/2023 230323 [Supporting California State Assembly Bill No. 1001 (Haney) - Health Facilities: Behavioral Health Emergency Services] Sponsors: Mandelman; Safai, Ronen, Stefani, Chan, Walton, Preston and Engardio Resolution urging the California State Legislature to pass California State Assembly Bill No. 1001, Health Facilities: Behavioral Health Emergency Services, introduced by California Assembly Member Matt Haney, to amend Article 7l.1 of the Health and Safety Code. Supervisors Preston and Engardio requested to be added as co-sponsors. Resolution No. 164-23 ADOPTED 230325 [Supporting California State Assembly Bill No. 316 (Aguiar-Curry and Friedman) - Vehicles: Autonomous Vehicles] Sponsors: Peskin; Walton, Stefani, Preston, Chan, Ronen, Mandelman, Melgar, Safai, Dorsey and Engardio Resolution supporting California State Assembly Bill No. 316, introduced by Assembly Members Aguiar-Curry and Friedman, which restricts autonomous vehicles (AV) with a gross vehicle weight (GVW) of 10,000 pounds or more from being operated on public roads for testing purposes, transporting goods, or transporting passengers without a human safety operator physically present in the AV at the time of operation. Resolution No. 165-23 ADOPTED 230326 [Protection of Transgender and Lesbian, Gay, Bisexual, and Queer Youth and Adults] Sponsors: Preston; Mandelman, Dorsey, Ronen, Walton, Safai, Melgar, Peskin, Stefani, Chan and Engardio Resolution urging elected representatives, schools, and youth-serving institutions in San Francisco and other jurisdictions to protect transgender and lesbian, gay, bisexual, and queer (LGBQ+) youth and adults’ lives and gender expression from hate and violence amid national legislative efforts to roll back transgender and LGBQ+ protections. Resolution No. 166-23 ADOPTED 230327 [Commemorating the 50th Anniversary of the Chinese Progressive Association] Sponsors: Walton; Ronen, Peskin, Chan, Preston and Mandelman Resolution commemorating the 50th anniversary of the Chinese Progressive Association in the City and County of San Francisco. Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 167-23 ADOPTED City and County of San Francisco Page 274 Printed at 2:04 pm on 3/29/24 ### [Page 20](https://sfbos.info/documents/912/2023-04-04-minutes#page-20) Board of Supervisors Meeting Minutes 4/4/2023 230328 [Supporting California State Assembly Bill No. 912 (Jones-Sawyer) - The SAFE Act] Sponsors: Walton; Preston and Mandelman Resolution supporting California State Assembly Bill No. 912, The SAFE Act, authored by Assembly Member Reggie Jones-Sawyer, to reinvest prison closure savings into community crime reduction programs. Supervisors Preston and Mandelman requested to be added as co-sponsors. Resolution No. 168-23 ADOPTED 230347 [Concurring in Proclamation of Local Emergency - Severe Winter Storms] Motion concurring in the March 30, 2023, Proclamation by the Mayor Declaring the Existence of a Local Emergency in connection with the sudden and severe winter storms that began on March 8, 2023, causing high winds, substantial precipitation, and flooding in the City; and concurring in actions taken to meet the emergency to: 1) require City employees and officers to take all steps requested by the Executive Director of the Department of Emergency Management (“DEM”) to address the emergency conditions caused by the storms; 2) require all City employees and officers to take all steps requested by the Executive Director of DEM to qualify the City for funding as may be available to reimburse the City for the expenses it incurs in addressing this emergency; 3) expedite the procurement of services, goods, and public works relating to the emergency by exempting contracts and grants for such services from specific contract requirements, waiving Civil Service Commission approval of such contracts and grants, authorizing departments to purchase professional services through the issuance of a stand-alone purchase order, authorizing department heads or their designees to deviate from the City’s standard terms and conditions where necessary to effectively respond to the emergency, and authorizing the procurement of public works as provided in Administrative Code, Section 6.60; and 4) authorize the Director of the Department of Building Inspection to require a façade inspection and/or inspection report regarding any building at a time or interval that the Director deems necessary to address the risk of unsafe conditions caused by winter storms. (Clerk of the Board) Motion No. M23-050 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 275 Printed at 2:04 pm on 3/29/24 ### [Page 21](https://sfbos.info/documents/912/2023-04-04-minutes#page-21) Board of Supervisors Meeting Minutes 4/4/2023 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. ORDINANCES 230368 [Appropriation - $275,000,000 Total Including Appropriation of $260,878,172 in Certificates of Participation Refunding Proceeds and Deappropriation and Reappropriation of $14,121,828 in Series 2023-R1 Refunding - FY2022-2023] Sponsors: Mayor; Preston Ordinance appropriating $275,000,000 consisting of: appropriation of (1) $260,878,172 of one or more series of Refunding Certificates of Participation Series 2023-R1 proceeds, (2) de-appropriation of $14,121,828 of Series 2012A, 2015-R1, and 2015A Certificates of Participation prior reserve funds, and (3) re-appropriation of the same amount to Refunding Certificates of Participation Series 2023-R1; and placing these funds on Controller’s Reserve pending the sale of the Certificates of Participation in Fiscal Year (FY) 2022-2023. (Fiscal Impact) 04/04/23; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 5/4/2023. City and County of San Francisco Page 276 Printed at 2:04 pm on 3/29/24 ### [Page 22](https://sfbos.info/documents/912/2023-04-04-minutes#page-22) Board of Supervisors Meeting Minutes 4/4/2023 230369 [Authorizing Refunding Certificates of Participation, Series 2023-R1 - Multiple Capital Improvement Projects - Not to Exceed $275,000,000] Sponsors: Mayor; Preston Ordinance authorizing the execution and delivery of refunding Certificates of Participation, in one or more series from time to time (“Certificates”), in an aggregate amount not to exceed $275,000,000 to prepay certain certificates of participation that financed and refinanced various capital improvement projects within the City and County of San Francisco (“City”); approving the form of a Supplement to Trust Agreement between the City and U.S. Bank Trust Company, National Association (as successor-in-interest to U.S. Bank National Association), as trustee (“Trustee”) (including certain indemnities contained therein); approving respective forms of a Supplement to Property Lease and a Supplement to Project Lease, each between the City and the Trustee, for the lease and lease back of all or a portion of certain real property and improvements owned by the City and located at 375 Laguna Honda Boulevard within the City, at 1 Moreland Drive, San Bruno, California, and/or any other property as shall be determined by the City’s Director of Public Finance; approving the form of Escrow Agreement (including certain indemnities contained therein), between the City and U.S. Bank Trust Company, National Association, as escrow agent (“Escrow Agent”); approving the form of an Official Notice of Sale and a Notice of Intention to Sell the Certificates; approving the form of an Official Statement in preliminary and final form; approving the form of a purchase contract between the City and one or more initial purchasers of the Certificates; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, sale, execution and delivery of the Certificates; approving modifications to documents; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) 04/04/23; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 5/4/2023. City and County of San Francisco Page 277 Printed at 2:04 pm on 3/29/24 ### [Page 23](https://sfbos.info/documents/912/2023-04-04-minutes#page-23) Board of Supervisors Meeting Minutes 4/4/2023 230370 [Authorizing Tax-Exempt and/or Taxable Certificates of Participation - Multiple Affordable Housing and Community Facilities Projects - Not to Exceed $146,800,000] Sponsors: Mayor; Preston Ordinance authorizing the execution and delivery of Certificates of Participation, in one or more series on a tax-exempt and/or taxable basis and from time to time, evidencing and representing an aggregate principal amount of not to exceed $146,800,000 (“Certificates”), to finance and refinance certain capital improvement, affordable housing and community facilities development projects within the City and County of San Francisco’s (“City”), including site acquisition, demolition and site preparation, design work, construction, repairs, renovations, improvements and the equipment of such facilities, including through the retirement of certain commercial paper notes of the City issued for such purposes; approving the form of a Supplement to Trust Agreement between the City and U.S. Bank Trust Company, National Association (as successor-in-interest to U.S. Bank National Association), as trustee (“Trustee”) (including certain indemnities contained therein); approving respective forms of a Supplement to Property Lease and a Supplement to Project Lease, each between the City and the Trustee, for the lease and lease back of all or a portion of certain real property and improvements owned by the City and located at 375 Laguna Honda Boulevard within the City, at 1 Moreland Drive, San Bruno, California, and/or any other property as determined by the City’s Director of Public Finance; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the Certificates; approving the form of an Official Statement in preliminary and final form; approving the form of a purchase contract between the City and one or more initial purchasers of the Certificates; approving the form of a Continuing Disclosure Certificate, as defined herein; granting general authority to City officials to take necessary actions in connection with the authorization, sale, execution and delivery of the Certificates; approving modifications to documents; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) 04/04/23; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 5/4/2023. City and County of San Francisco Page 278 Printed at 2:04 pm on 3/29/24 ### [Page 24](https://sfbos.info/documents/912/2023-04-04-minutes#page-24) Board of Supervisors Meeting Minutes 4/4/2023 230371 [Planning and Building Codes - Commercial to Residential Adaptive Reuse and Downtown Economic Revitalization] Sponsors: Mayor; Peskin Ordinance amending the Planning Code to 1) facilitate residential uses Downtown by authorizing the conversion of non-residential uses to residential use in C (Commercial) zoning districts, and exempting such projects from requirements for rear yard, open space, streetscape improvements, dwelling unit exposure, bike parking, dwelling unit mix, and Intermediate Length Occupancy controls, and streamlining administrative approvals for projects in the C-3 zoning district, and modifying the dimensional limits on exemptions to height restrictions for mechanical equipment, elevator, stair, and mechanical penthouses; 2) economically revitalize Downtown by adding Flexible Workspace as a defined use, authorizing large scale retail uses in the C-3 zoning district, allowing window displays in the C-3 zoning district, allowing Flexible Workspace as an active ground floor commercial use along certain street frontages in C-3 zoning districts, allowing accessory storage in any C zoning district, allowing the temporary installation for 60 days of certain signs in the C-3-R district, allowing temporary non-residential uses in vacant spaces for up to one year, reducing density limits for Residential Dwelling Units and Senior Housing in the C-2 zoning districts east of or fronting Van Ness/South Van Ness Avenue and north of Harrison Street, principally permitting Laboratory, Life Science, Agricultural and Beverage Processing, and Animal Hospitals in C-2 zoning districts, principally permitting Senior Housing, Residential Care Facilities, Outdoor Entertainment, Open Recreation Areas, Animal Hospitals, and Trade Schools in the C-3 zoning district, allowing formula retail as a ground floor use on Market Street, principally permitting office and design professional uses on the second floor and higher in the C-3-R zoning district, and requiring consideration of office vacancy in consideration of granting exceptions in the Transit Center Commercial Special Use District; 3) streamline sign permitting citywide and in the C-3 districts by allowing for the repair and rehabilitation of certain neon signs, and exempting existing business signs in the C-3 zoning district from certain zoning controls; 4) streamline Historic Preservation review of administrative certificates of appropriateness, and minor permits to alter for awnings, and Qualifying Scopes of Work, as may be delegated by the Historic Preservation Commission; 5) provide alternatives to on-site open space in certain C-3 districts by allowing for payment of an in lieu fee as an alternative to providing open space; 6) facilitate residential adaptive reuse by amending the Building Code to add standards for adaptive reuse of non-residential buildings; and 7) affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. (4/7/23 - Pending further review for Economic Impact) 04/04/23; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/4/2023. 230372 [Planning Code - Development Impact Fees for Commercial to Residential Adaptive Reuse Projects] Sponsors: Dorsey; Safai Ordinance amending the Planning Code to exempt eligible Commercial to Residential Adaptive Reuse Projects from development impact fees, with the exception of inclusionary housing requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. (4/7/23 - Pending further review for Economic Impact) 04/04/23; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/4/2023. City and County of San Francisco Page 279 Printed at 2:04 pm on 3/29/24 ### [Page 25](https://sfbos.info/documents/912/2023-04-04-minutes#page-25) Board of Supervisors Meeting Minutes 4/4/2023 230373 [Existing Building Code - Façade Inspections for Tall Buildings] Sponsor: Peskin Ordinance amending the Existing Building Code to require buildings with 15 or more stories constructed after 1998 to conduct and submit façade inspection reports; and affirming the Planning Department’s determination under the California Environmental Quality Act. 04/04/23; ASSIGNED to Land Use and Transportation Committee. 230374 [Building Code - Streamlining Site Permit Review] Sponsors: Safai; Melgar Ordinance amending the Building Code to outline the site permit application process, define and limit the scope of Building Official review of site permits, and require simultaneous interdepartmental review of site permits; and affirming the Planning Department’s determination under the California Environmental Quality Act. 04/04/23; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/4/2023. 230375 [Administrative Code - Including Military Service in Definition of “Public Service” for Retirement Service Credit Purchases] Sponsors: Stefani; Safai Ordinance amending the Administrative Code to expand the definition of “public service” to allow members of the San Francisco Employees’ Retirement System to purchase service credit for time served in the military before City employment. 04/04/23; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/4/2023. RESOLUTIONS 230376 [Multifamily Housing Revenue Notes - Sunnydale HOPE SF Block 3A - Not to Exceed $68,761,006] Sponsors: Mayor; Walton, Mandelman, Safai and Preston Resolution authorizing the execution and delivery of a multifamily housing revenue note (tax-exempt) in a principal amount not to exceed $43,761,006 and a multifamily housing revenue note (taxable) in an aggregate principal amount not to exceed $25,000,000 for the purpose of providing financing for the construction of a 80-unit multifamily rental housing project known as “Sunnydale HOPE SF Block 3A,” for a total amount not to exceed $68,761,006; approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender identified therein to the City and for the execution and delivery of the notes; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of an assignment of deed of trust and loan documents; authorizing the collection of certain fees; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance, execution and delivery of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $53,000,000 (tax-exempt); approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the notes and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 280 Printed at 2:04 pm on 3/29/24 ### [Page 26](https://sfbos.info/documents/912/2023-04-04-minutes#page-26) Board of Supervisors Meeting Minutes 4/4/2023 230377 [Loan Agreement - Sunnydale Block 3A Housing Partners, L.P. - Sunnydale HOPE SF Block 3A - 100% Affordable Housing - Loan Amount Not to Exceed $27,272,065] Sponsors: Mayor; Walton, Mandelman, Safai and Preston Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to (1) execute an Amended and Restated Loan Agreement with Sunnydale Block 3A Housing Partners, L.P., a California limited partnership, for a total loan amount not to exceed $14,862,818 to finance the construction of a 80-unit multifamily rental housing development for low-income households, which will be known as Sunnydale HOPE SF Block 3A (the "Project"), and (2) to execute a Loan Agreement with Sunnydale Commercial LLC, a California limited liability company, for a total loan amount not to exceed $12,409,247 to finance the community-serving commercial parcel connected to the 100% affordable housing Project (the “Commercial Project”) for a total amount not to exceed $27,272,065; and adopting findings that the loan agreements are consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. 230378 [Accept and Expend Grant - California Department of Housing and Community Development Affordable Housing and Sustainable Communities Program - Sunnydale Block 3A - $21,205,299] Sponsors: Mayor; Walton, Mandelman, Safai and Preston Resolution authorizing the Mayor’s Office of Housing and Community Development (“MOHCD”) to execute the Standard Agreements with the California Department of Housing and Community Development (“HCD” or “Department”) under the Affordable Housing and Sustainable Communities Program for a total award of $21,205,299 including $10,850,000 disbursed by HCD as a loan to the Sunnydale Block 3A Housing Partners, L.P. (“Developer”) for a 100% affordable housing project at 1545 Sunnydale Avenue and $10,355,299 to be disbursed as a grant to the City for public transportation improvements near 1545 Sunnydale Avenue, for the period starting on the execution date of the Standard Agreements to November 30, 2042; and authorizing MOHCD to accept and expend the grant of up to $10,355,299 for transportation, streetscape and pedestrian improvements and other transit oriented programming and improvement as approved by HCD. (Mayor’s Office of Housing and Community Development) 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 281 Printed at 2:04 pm on 3/29/24 ### [Page 27](https://sfbos.info/documents/912/2023-04-04-minutes#page-27) Board of Supervisors Meeting Minutes 4/4/2023 230379 [Multifamily Housing Revenue Note - Hunters View Phase 3 - Vertical - Not to Exceed $76,000,000] Sponsors: Mayor; Walton, Mandelman, Safai and Preston Resolution authorizing the execution and delivery of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $76,000,000 for the purpose of providing financing for the construction of a 118-unit multifamily rental housing project known as “Hunters View Phase 3 - Vertical”; approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the construction loan from the construction funding lender to the City, and the execution and delivery of the construction note; approving the form of and authorizing the execution of a project loan agreement providing the terms and conditions of the construction loan from the City to the borrower; approving the form of and authorizing the execution of an amended and restated funding loan agreement providing the terms and conditions of the permanent loan from the permanent funding lender to the City, and the execution and delivery of the permanent note; approving the form of and authorizing the execution of an amended and restated project loan agreement providing the terms and conditions of the permanent loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants for each site of the subject project; 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 $76,000,000; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the notes and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. 230380 [Loan Agreement - HV Partners 3, LP - Hunters View HOPE SF Vertical Phase III - 100% Affordable Housing - Not to Exceed $50,495,000] Sponsors: Mayor; Walton, Mandelman, Safai and Preston Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development (“MOHCD”) to execute an Amended and Restated Loan Agreement with HV Partners 3, LP, a California limited partnership, for a total loan amount not to exceed $50,495,000 to finance the construction of a 118-unit multifamily rental housing development for low-income households, which will be known as Hunters View HOPE SF Vertical Phase III (the "Project"); adopting findings that the loan agreement is consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of MOHCD or his or her designee to enter into any amendments or modifications to the loan agreement and any other documents or instruments necessary in connection therewith that the Director determines are in the best interest of the City, do not materially increase the obligations or liabilities for the City or materially diminish the benefits of the City, and are necessary or advisable to effectuate the purposes and intent of this Resolution. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 282 Printed at 2:04 pm on 3/29/24 ### [Page 28](https://sfbos.info/documents/912/2023-04-04-minutes#page-28) Board of Supervisors Meeting Minutes 4/4/2023 230381 [Accept and Expend Grant - Federal Aviation Administration - Airport Terminal Program Grant - $31,000,000] Sponsor: Mayor Resolution authorizing the Airport Commission to accept and expend a grant in an amount not to exceed $31,000,000 and any additional amounts up to 15% of the original grant for a period of October 1, 2022, through September 30, 2027, that may be offered from the Federal Aviation Administration for the implementation of the International Terminal Building Roof Upgrade Project, contingent on receipt by the Airport Commission of a grant offer from the Federal Aviation Administration. (Airport Commission) (Fiscal Impact) 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. 230382 [Accept and Expend Grant - Retroactive - United States Department of Health and Human Services - Title X Family Planning Program - $301,725] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant increase in the amount of $221,725 from the United States Department of Health and Human Services, Office of Population Affairs through Essential Access Health for a total amount of $301,725 for participation in a program, entitled “Title X Family Planning Program,” for the period of April 1, 2022, through March 31, 2023. (Public Health Department) 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. 230383 [Opposing Funding Cuts to the Statewide Public Defense Pilot Program] Sponsors: Chan; Peskin, Ronen, Preston and Mandelman Resolution urging Governor Gavin Newsom and the California State Legislature to retain the full state funding of the Public Defense Pilot Program for three years. 04/04/23; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 230384 [Resolution of Intent to Designate the Wild Parrots of San Francisco as the Official Animal of San Francisco] Sponsors: Melgar; Peskin, Safai, Mandelman and Dorsey Resolution recognizing the Wild Parrots of San Francisco as the official animal of the City and County of San Francisco. 04/04/23; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 230395 [The Week of the Young Child in San Francisco - April 2 through April 8, 2023] Sponsors: Melgar; Safai, Chan, Ronen, Walton, Peskin, Preston, Engardio and Mandelman Resolution celebrating early care educators and families of young children during “The Week of the Young Child,” April 2 through April 8, 2023, in the City and County of San Francisco. 230385 [City Policy Restricting Payment to Twitter for Blue Checkmark Verification] Sponsors: Peskin; Ronen, Melgar and Walton Resolution setting forth official City policy regarding restricting payment to Twitter for blue checkmark verification (Twitter Blue Service). 04/04/23; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 283 Printed at 2:04 pm on 3/29/24 ### [Page 29](https://sfbos.info/documents/912/2023-04-04-minutes#page-29) Board of Supervisors Meeting Minutes 4/4/2023 230394 [Supporting BAHFA November 2024 General Obligation Bond for Affordable Housing] Sponsors: Peskin; Melgar, Ronen, Chan, Preston, Safai, Walton, Mandelman and Dorsey Resolution expressing the City and County of San Francisco’s support for the Bay Area Housing Finance Agency’s (BAHFA) proposal to place a general obligation bond on the November 2024 ballot to finance the production, protection and preservation of affordable housing in San Francisco and throughout the Bay Area; and urging the Capital Planning Committee, in collaboration with the Mayor’s Office of Housing and Community Development, Planning Department, the Controller’s Office and affordable housing developers, to assess the viability of a combination of local and regional housing bond scenarios in conjunction with the City’s Capital Plan for the 2024 Presidential Primary and General Election cycles. 230386 [Resolution of Intention - Excelsior Community Benefit District] Sponsor: Safai Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district known as the “Excelsior Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on July 11, 2023 at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. 04/04/23; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 230387 [Filicide Awareness Week - April 9 through April 15, 2023] Sponsor: Stefani Resolution declaring the week of April 9 through April 15, 2023, to be Filicide Awareness Week in the City and County of San Francisco and supporting “Pierce’s Pledge.” 04/04/23; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. MOTIONS 230388 [Amending the Rules of Order - Dissolving the Youth, Young Adult, and Families Committee] Sponsor: Ronen Motion amending the Board of Supervisors’ Rules of Order by amending Rules 3.25 and 3.25.1, and striking Rule 3.31 to dissolve the Youth, Young Adult, and Families Committee. (Pursuant to Board Rule 3.26.1, an amendment to the Board of Supervisors’ Rules of Order shall be adopted by the affirmative vote of two-thirds (8 votes) of the Board of Supervisors.) 04/04/23; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 284 Printed at 2:04 pm on 3/29/24 ### [Page 30](https://sfbos.info/documents/912/2023-04-04-minutes#page-30) Board of Supervisors Meeting Minutes 4/4/2023 230396 [Closed Session - Anticipated Litigation - Funding Overdose Prevention Centers - April 18, 2023] Sponsors: Ronen; Dorsey, Preston and Peskin Motion that the Board of Supervisors convene in closed session on April 18, 2023, pursuant to California Government Code, Section 54956.9, and San Francisco Administrative Code, Section 67.10(d)(2), for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation in which the City may be a plaintiff or defendant, regarding existing and possible future claims and demands related to the City’s potential use of City funds, including opioid settlement funds, to support overdose prevention centers. 230348 [Appointment, Park, Recreation, and Open Space Advisory Committee - Joanne Scott] Motion appointing Joanne Scott, term ending February 1, 2025, to the Park, Recreation, and Open Space Advisory Committee. (Clerk of the Board) 04/04/23; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 230361 [Mayoral Appointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Vanessa Aquino] Motion approving/rejecting the Mayor’s nomination for appointment of Vanessa Aquino to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), term ending November 3, 2024. (Clerk of the Board) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: April 3, 2023) 04/04/23; RECEIVED AND ASSIGNED to Rules Committee. 230365 [Committee of the Whole - Report of Assessment Costs - Building Code Enforcement Violations - May 23, 2023, at 3:00 p.m.] Motion scheduling the Board of Supervisors to convene as a Committee of the Whole on May 23, 2023, at 3:00 p.m., to hold a public hearing on a Resolution confirming a report of delinquent charges for code enforcement cases with delinquent assessment of costs, and fees pursuant to the provisions of Building Code, Sections 102A.3, 102A.4, 102A.6, 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, submitted by the Director of the Department of Building Inspection for services rendered by said Department of costs thereof having accrued pursuant to code violations referenced above. (Clerk of the Board) 04/04/23; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REQUESTS FOR HEARING 230389 [Hearing - Five Year Financial Plan Update] Sponsor: Chan Hearing on the March update to the City and County of San Francisco's Five-Year Financial Plan; and requesting the Controller and Mayor's Budget Director to report. 04/04/23; RECEIVED AND ASSIGNED to Budget and Appropriations Committee. City and County of San Francisco Page 285 Printed at 2:04 pm on 3/29/24 ### [Page 31](https://sfbos.info/documents/912/2023-04-04-minutes#page-31) Board of Supervisors Meeting Minutes 4/4/2023 230390 [Hearing - Safety and Condition of the City’s Approximately 125,000 Trees after Weather in Late 2022 and Early 2023] Sponsor: Melgar Hearing to report on the safety and condition of the City’s approximately 125,000 trees after weather in late 2022 and early 2023, to discuss the cleanup and tree maintenance plan, and the impacts the storms have on the goals and intentions of the 2014 Urban Forestry Plan; and requesting Public Works, Recreation and Park Department, Planning Department, San Francisco Public Utilities Commission and Friends of the Urban Forest to report. 04/04/23; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. 230391 [Hearing - BLA Performance Audit - Affordable Housing Funds Administered by the Mayor’s Office of Housing and Community Development] Sponsor: Preston Hearing on the Budget and Legislative Analyst’s (BLA) performance audit of Affordable Housing Funds Administered by the Mayor’s Office of Housing and Community Development, including sources and allowable uses of funds, decided and actual use of funds over the prior five-year period and available fund balances, and planning, decision-making and reporting on fund allocations and balances; and requesting the Budget and Legislative Analyst to report. 04/04/23; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 230392 [Hearing - Community Ambassadors] Sponsor: Preston Hearing to discuss Community Ambassadors, including training, roles and responsibilities, deployment, cost, and oversight/accountability; and requesting the Department of Emergency Management, Department of Homelessness and Supportive Housing, Office of Civic Engagement and Immigrant Affairs, and Office of Economic and Workforce Development to report. 04/04/23; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. City and County of San Francisco Page 286 Printed at 2:04 pm on 3/29/24 ### [Page 32](https://sfbos.info/documents/912/2023-04-04-minutes#page-32) Board of Supervisors Meeting Minutes 4/4/2023 Introduced by the President 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 230334 [Settlement of Lawsuit - Alexis Krup - $3,325,000] Ordinance authorizing settlement of the lawsuit filed by Alexis Krup against the City and County of San Francisco for $3,325,000; the lawsuit was filed on October 9, 2020, in San Francisco Superior Court, Case No. CGC-20-587218; entitled Alexis Krup v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injuries from a vehicle collision. (City Attorney) 03/21/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 230335 [Settlement of Lawsuit - M. Hernandez Construction, Inc. - $137,000] Ordinance authorizing settlement of the lawsuit filed by M. Hernandez Construction, Inc. against the City and County of San Francisco by the payment of $137,000; the lawsuit was filed on March 16, 2022, in the Superior Court of California, County of San Francisco, Case No. CGC-22-598639; entitled M. Hernandez Construction, Inc. dba Hernandez Engineering vs. City and County of San Francisco; the lawsuit involves alleged breach of contract. (City Attorney) 03/23/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. PROPOSED RESOLUTIONS 230337 [Contract Amendment - Bay Cities Produce Co, Inc. - Purchase of Fresh and Frozen Produce for ZSFGH and LHH - Not to Exceed $11,100,000] Resolution authorizing the Office of Contract Administration to execute a second modification (Modification 2) to Contract 1000015904 with Bay Cities Produce Co, Inc. for the purchase of fresh and frozen produce for Zuckerberg San Francisco General Hospital (ZSFGH) and Laguna Honda Hospital (LHH) by Department of Public Health, increasing the contract amount by $6,049,853.57 for a total not to exceed amount of $12,067,569 and extending the term by two years from September 30, 2024, for a total contract duration of seven years from October 1, 2019, through September 30, 2026. (Office of Contract Administration) (Fiscal Impact) 03/17/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 287 Printed at 2:04 pm on 3/29/24 ### [Page 33](https://sfbos.info/documents/912/2023-04-04-minutes#page-33) Board of Supervisors Meeting Minutes 4/4/2023 230338 [Settlement of Unlitigated Claim - Executive Hotel Vintage Court, LLC - $762,965] Resolution approving the settlement of the unlitigated claim filed by Executive Hotel Vintage Court, LLC, against the City and County of San Francisco for $762,965; the claim was filed on February 2, 2023; the claim involves allegations of property damage to the Executive Hotel Vintage Court 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) 03/17/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 230339 [Settlement of Unlitigated Claim - SF Americania LLC - $4,692,008] Resolution approving the settlement of the unlitigated claim filed by SF Americania LLC against the City and County of San Francisco for $4,692,008; the claim was filed on January 13, 2023; the claim involves allegations of property damage to the Americania 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) 03/17/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 230340 [Tolling Agreement - Treasure Island Series 1, LLC - Real Property Transfer Tax Dispute] Resolution approving a Tolling Agreement to extend the statute of limitations for Treasure Island Series 1, LLC and Treasure Island Community Development, LLC to bring potential litigation against the City and County of San Francisco for a refund of real property transfer tax to allow for possible resolution of the matter without litigation. (City Attorney) 03/20/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 230341 [Lease Amendment - International Terminal Food and Beverage Lease 3, Lease No. 16-0014 - Tastes on the Fly SFO International, LLC - Reduction of Premises] Resolution approving Amendment No. 3 to the International Terminal Food and Beverage Lease 3, Lease No. 16-0014, between Tastes on the Fly SFO International, LLC, as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, for a removal of one restaurant facility from the lease premises, resulting in a reduction in the total leasehold square footage of the demised premises by approximately 43%, while maintaining the Minimum Annual Guarantee of $1,177,995.15, effective upon approval of this Resolution. (Airport Commission) 03/23/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 288 Printed at 2:04 pm on 3/29/24 ### [Page 34](https://sfbos.info/documents/912/2023-04-04-minutes#page-34) Board of Supervisors Meeting Minutes 4/4/2023 230342 [Airline and Airport 2023 Lease and Use Agreement - Various Airlines] Resolution approving the 2023 Lease and Use Agreement between the City and County of San Francisco, acting by and through its Airport Commission, and 11 airlines to conduct flight operations at the San Francisco International Airport, for a term of ten years, from July 1, 2023, through June 30, 2033; affirming the Planning Department’s determination under the California Environmental Quality Act; and to authorize the Airport Director to enter into modifications to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Lease or this Resolution. (Airport Commission) (Fiscal Impact) 03/23/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. 230343 [Contract Amendment - Richmond Area Multi-Services, Inc. - Behavioral Health Services for Adults, Older Adults, and Transitional Age Youth - Not to Exceed $61,137,386] Resolution approving Amendment No. 2 to the agreement between Richmond Area Multi-Services, Inc. and the Department of Public Health (DPH), for behavioral health services for adults, older adults, and transitional age youth; to increase the agreement by $37,669,562 for an amount not to exceed $61,137,386; to extend the term by four years, from June 30, 2023, for a total agreement term of July 1, 2018, through June 30, 2027; and to authorize DPH to enter into amendments or modifications to the contract prior to its final execution by all parties that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract or this Resolution. (Public Health Department) (Fiscal Impact) 03/24/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. 04/04/23; TRANSFERRED to Homelessness and Behavioral Health Select Committee. 230344 [Authorization to Gift Debenham Comedy Recording Collection to Emerson College] Sponsor: Dorsey Resolution authorizing the San Francisco Public Library to gift the Debenham Comedy Recording Collection to Emerson College. (Public Library) 03/27/23; RECEIVED FROM DEPARTMENT. 04/04/23; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 289 Printed at 2:04 pm on 3/29/24 ### [Page 35](https://sfbos.info/documents/912/2023-04-04-minutes#page-35) Board of Supervisors Meeting Minutes 4/4/2023 Request Granted From: Supervisor Catherine Stefani To: Superintendent of the San Francisco Unified School District (SFUSD) Requests: Requesting information on the safety of students and faculty in the SFUSD, including answers to the following questions: 1. How are SFUSD school site incidents/altercations tracked, responded to, and shared with staff and family communities? 2. Have the numbers of incidents increased this year from pre-pandemic numbers? Please provide any data you might have for the past 5 years. 3. Which schools do not currently have security locksets, functioning security cameras, working PA systems, and fully staffed counselors? 4. How are sites prioritized for these safety improvements/upgrades? 5. What trainings are currently available to SFUSD teachers, faculty, and T10 Campus Security around de-escalation tactics? 6. What action is taken in response to off-campus incidents in which students may engage in violent acts, be the victims of violence or bullying, and share related videos on social media? 7. What resources can the City provide to address the District’s top safety concerns? In Memoriams Stefan Grygelko – Supervisor Rafael Mandelman and the entire Board of Supervisors Eleanor Johns – Supervisors Connie Chan, Aaron Peskin, Myrna Melgar, and the entire Board of Supervisors ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:06 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on May 9, 2023. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 290 Printed at 2:04 pm on 3/29/24