# Board of Supervisors Minutes: June 13, 2023 - Meeting date: 2023-06-13 - Document type: minutes - Source format: PDF - Extracted pages: 38 - [Canonical HTML transcript](https://sfbos.info/documents/932/2023-06-13-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=1108038&GUID=8B3A2668-90A9-43E9-A694-8747176617F4) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 230192: Planning Code - Landmark Designation Amendment - 429-431 Castro Street (the Castro Theatre) - Pages: 12-13 - Sponsors: Mandelman - Vote 1: final-passage, likely final - Action: 230192 [Planning Code - Landmark Designation Amendment - 429-431 Castro Street (the Castro Theatre)] Sponsor: Mandelman Ordinance amending the Landmark Designation for Landmark No. 100, 429-431 Castro Street (the Castro Theatre), Assessor’s Parcel Block No. 3582, Lot No. 085, under Article 10 of the Planning Code, to list the exterior features that should be preserved or replaced in kind, to add interior features to the designation, and to capture the property’s full historical significance; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) (Supervisor Peskin voted No on First Reading.) Ordinance No. 109-23 FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Preston, Safai, Stefani - Noes: Peskin, Ronen, Walton ### File 200144: Police Code - Ceasing Acceptance of New Applications - Cannabis Retail Permits - Pages: 13 - Sponsors: Safai; Walton, Stefani and Dorsey - Vote 1: final-passage, likely final - Action: 200144 [Police Code - Ceasing Acceptance of New Applications - Cannabis Retail Permits] Sponsors: Safai; Walton, Stefani and Dorsey Ordinance amending the Police Code to provide that cannabis retail permit applications will not be accepted by the Office of Cannabis during the period between the effective date of this ordinance and December 31, 2027; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 106-23 FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 220814: Health Code - Designating City Attorney to Represent City in Certain Conservatorship Proceedings - Pages: 13-14 - Sponsors: Mandelman; Chan and Engardio - Vote 1: final-passage, likely final - Action: 220814 [Health Code - Designating City Attorney to Represent City in Certain Conservatorship Proceedings] Sponsors: Mandelman; Chan and Engardio Ordinance amending the Health Code to designate the City Attorney rather than the District Attorney to represent the City in judicial proceedings to establish a “Murphy Conservatorship,” a conservatorship for individuals who have been found mentally incompetent during a criminal proceeding involving a charge of death, great bodily harm, or a serious threat to the physical well-being of another person; there has been a finding of probable cause and the proceeding has not been dismissed; as a result of a mental health disorder, the individual is unable to understand the nature and purpose of the criminal proceeding or assist counsel in the conduct of the defense; and the individual represents a substantial danger of physical harm to self or others by reason of mental disease, defect, or disorder. FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Vote 2: rescission - Action: Supervisor Walton, seconded by Supervisor Preston, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Vote 3: final-passage, likely final - Action: FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Absent: Engardio - Vote 4: rescission - Action: The first request to rescind the vote was incorrectly requested; therefore, Supervisor Walton, seconded by Supervisor Ronen, moved to rescind the previous votes and allow the original unanimous vote on the question to stand. The motion carried by the following vote: - Ayes: Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton - Absent: Engardio - Vote 5: final-passage, likely final - Action: Ordinance No. 107-23 FINALLY PASSED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230474: Airport Professional Services Agreement - SP Plus SF Joint Venture - Management and Operations of Airport Public and Employee Parking Facilities - Not to Exceed $214,947,987 - Pages: 14 - Vote 1: adoption, likely final - Action: 230474 [Airport Professional Services Agreement - SP Plus SF Joint Venture - Management and Operations of Airport Public and Employee Parking Facilities - Not to Exceed $214,947,987] Resolution approving the Professional Services Agreement, Contract No. 50337, for a five-year term commencing July 1, 2023, through June 30, 2028, in an amount not to exceed $214,947,987 for the Management and Operations of Airport Public and Employee Parking Facilities between SP Plus SF Joint Venture and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 325-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 230536: Settlement of Unlitigated Claim - 1231 Market Street Owner L.P. - $19,500,000 - Pages: 14 - Vote 1: adoption, likely final - Action: 230536 [Settlement of Unlitigated Claim - 1231 Market Street Owner L.P. - $19,500,000] Resolution approving the settlement of the unlitigated claim filed by 1231 Market Street Owner L.P. against the City and County of San Francisco for $19,500,000; the claim was filed on April 13, 2023; the claim involves allegations of property damage to the Hotel Whitcomb 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. 328-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ### File 190785: Follow-Up Board Response - Civil Grand Jury Report - Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System - Pages: 14-15 - Vote 1: approval, likely final - Action: 190785 [Follow-Up Board Response - Civil Grand Jury Report - Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation Nos. R1, R2, R3, R6, R7, and R8 contained in the 2018-2019 Civil Grand Jury Report, entitled “Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System.” (Government Audit and Oversight Committee) Motion No. M23-089 APPROVED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton ## Extracted text ### [Page 13](https://sfbos.info/documents/932/2023-06-13-minutes#page-13) Board of Supervisors Meeting Minutes 6/13/2023 Recommendations of the Public Safety and Neighborhood Services Committee 200144 [Police Code - Ceasing Acceptance of New Applications - Cannabis Retail Permits] Sponsors: Safai; Walton, Stefani and Dorsey Ordinance amending the Police Code to provide that cannabis retail permit applications will not be accepted by the Office of Cannabis during the period between the effective date of this ordinance and December 31, 2027; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 106-23 FINALLY PASSED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 220814 [Health Code - Designating City Attorney to Represent City in Certain Conservatorship Proceedings] Sponsors: Mandelman; Chan and Engardio Ordinance amending the Health Code to designate the City Attorney rather than the District Attorney to represent the City in judicial proceedings to establish a “Murphy Conservatorship,” a conservatorship for individuals who have been found mentally incompetent during a criminal proceeding involving a charge of death, great bodily harm, or a serious threat to the physical well-being of another person; there has been a finding of probable cause and the proceeding has not been dismissed; as a result of a mental health disorder, the individual is unable to understand the nature and purpose of the criminal proceeding or assist counsel in the conduct of the defense; and the individual represents a substantial danger of physical harm to self or others by reason of mental disease, defect, or disorder. FINALLY PASSED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Supervisor Walton, seconded by Supervisor Preston, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton FINALLY PASSED by the following vote: Ayes: 10 - Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Absent: 1 - Engardio The first request to rescind the vote was incorrectly requested; therefore, Supervisor Walton, seconded by Supervisor Ronen, moved to rescind the previous votes and allow the original unanimous vote on the question to stand. The motion carried by the following vote: Ayes: 10 - Chan, Dorsey, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton Absent: 1 - Engardio Ordinance No. 107-23 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 582 Printed at 4:48 pm on 4/25/24 ### [Page 14](https://sfbos.info/documents/932/2023-06-13-minutes#page-14) Board of Supervisors Meeting Minutes 6/13/2023 NEW BUSINESS Recommendations of the Government Audit and Oversight Committee 230474 [Airport Professional Services Agreement - SP Plus SF Joint Venture - Management and Operations of Airport Public and Employee Parking Facilities - Not to Exceed $214,947,987] Resolution approving the Professional Services Agreement, Contract No. 50337, for a five-year term commencing July 1, 2023, through June 30, 2028, in an amount not to exceed $214,947,987 for the Management and Operations of Airport Public and Employee Parking Facilities between SP Plus SF Joint Venture and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) (Fiscal Impact) Resolution No. 325-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 230536 [Settlement of Unlitigated Claim - 1231 Market Street Owner L.P. - $19,500,000] Resolution approving the settlement of the unlitigated claim filed by 1231 Market Street Owner L.P. against the City and County of San Francisco for $19,500,000; the claim was filed on April 13, 2023; the claim involves allegations of property damage to the Hotel Whitcomb 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. 328-23 ADOPTED by the following vote: Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton 190785 [Follow-Up Board Response - Civil Grand Jury Report - Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation Nos. R1, R2, R3, R6, R7, and R8 contained in the 2018-2019 Civil Grand Jury Report, entitled “Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System.” (Government Audit and Oversight Committee) Motion No. M23-089 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 583 Printed at 4:48 pm on 4/25/24