Board of Supervisors Minutes: November 7, 2023

230959 [Settlement of Lawsuit - Katy Sullivan - $207,500] Ordinance authorizing settlement of the lawsuit filed by Katy Sullivan against the City and County of San Francisco for $207,500; the lawsuit was filed on August 13, 2021, in San Francisco Superior Court, Case No. CGC-21-593827; entitled Katy Sullivan v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 233-23 FINALLY PASSED by the following vote:

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

Excused: Melgar, Ronen

230960 [Settlement of Lawsuit - Twilio Inc. - $18,000,000] Ordinance authorizing settlement of the lawsuit filed by Twilio Inc. against the City and County of San Francisco for $18,000,000; the lawsuit was filed on May 27, 2021, in San Francisco Superior Court, Case No. CGC-21-592267; entitled Twilio Inc. v. City and County of San Francisco; the lawsuit involves a claim for refund of telephone users taxes and access line taxes, and related penalties and interest, for tax periods June 1, 2009, through and including December 31, 2018; other material terms of the settlement are that the City will not impose additional telephone users taxes and access line taxes, and any related penalties and interest, for any periods through two months after the settlement is paid, and Twilio Inc. will collect and remit telephone users taxes and access line taxes in a certain manner for all subsequent periods. (City Attorney) Ordinance No. 229-23 FINALLY PASSED by the following vote:

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

Excused: Melgar, Ronen

230996 [Settlement of Lawsuit - Adam Smith, et al. - $130,401.66] Ordinance authorizing settlement of the lawsuit filed by Adam Smith, et al., against the City and County of San Francisco for return of the Expedited Conversion Program fee in the amount of $130,401.66; the lawsuit was filed on September 28, 2021, in San Francisco Superior Court, Case No. CPF-21-517578; entitled Adam Smith, et al. v. City and County of San Francisco; the lawsuit challenges the Board of Supervisors’ denial of Petitioners’ application to convert their six-unit building at 424-434 Francisco Street to condominiums under the City’s Expedited Conversion Program (Subd. Code, Section 1396.4); the settlement includes return of Petitioners’ Expedited Conversion Program fee and waiver of the City’s litigation costs; other material terms of the settlement are the parties’ agreement to withdraw their respective appeals. (City Attorney) Ordinance No. 234-23 FINALLY PASSED by the following vote:

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

Excused: Melgar, Ronen

231008 [Administrative Code - Community Policing and Foot and Bike Patrols] Sponsors: Safai; Engardio, Peskin, Ronen, Chan, Walton, Dorsey, Melgar and Mandelman Ordinance amending the Administrative Code to require the Chief of Police to adopt a foot and bike patrol strategy for the Police Department. Ordinance No. 232-23 FINALLY PASSED by the following vote:

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

Excused: Melgar, Ronen

’s review as provided in subsection (a)(1)’, Line 22, by striking ‘increases and’, and Lines 23-24, by striking ‘The Mayor shall submit the budget to the Board of Supervisors, without change.’; on Page 4, Lines 15-16, by adding ‘or at any other time in the Agency’s discretion’; on Page 4, Line 23, through Page 5, Line 5, by changing ‘The’ to ‘At any time the Agency proposes a budget amendment that includes a Fare and/or Meter Increase, the Agency shall first submit the budget amendment to the Mayor and the Mayor shall have 15 days to disapprove any Fare and/or Meter Increase. The Mayor’s disapproval shall be in writing and shall identify the specific Fare and/or Meter Increase(s) that are disapproved. If the Mayor disapproves any Fare and/or Meter Increase, the Agency shall not submit the budget amendment to the Board of Supervisors. If the Mayor does not disapprove any Fare and/or Meter Increase within 15 days, the Mayor or the Agency shall submit the budget amendment to the Board of Supervisors. Once submitted, the’; on Page 5, Lines 14-15, by changing ‘his or her’ to ‘the Controller’s’; and making other clarifying and conforming changes. The motion carried by the following vote:

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

Excused: Melgar, Ronen

City and County of San Francisco Page 968 Printed at 5:09 pm on 4/26/24 Board of Supervisors Meeting Minutes 11/7/2023 Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to provide that the Mayor may disapprove in writing certain San Francisco Municipal Transportation Agency (SFMTA) proposals that must be part of SFMTA’s proposed budget or budget amendment; proposals subject to disapproval are increases in fares and parking meter maximum rates, and net expansion of hours or days of parking meter operation; at an election to be held on March 5, 2024. (Supervisor Dorsey dissented in committee.) Supervisor Safai, seconded by Supervisor Stefani, moved that this Charter Amendment be CONTINUED AS AMENDED to a Committee of the Whole at the Board of Supervisors meeting on November 14, 2023. The motion carried by the following vote:

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

Excused: Melgar, Ronen

230987 [Charter Amendment - Establishing the Department of Emergency Management in the Charter] Sponsor: Safai Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to establish within the Charter the Department of Emergency Management, the position of the Director of the Department, and the Director’s qualifications and appointing authority; at an election to be held on March 5, 2024. Supervisor Safai, seconded by Supervisor Mandelman, moved that this Charter Amendment be RE-REFERRED to the Rules Committee. The motion carried by the following vote:

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

Excused: Melgar, Ronen

230962 [Waiver of Municipal Code Provisions - City of Phoenix - Phoenix Sky Harbor International Airport - Used Compressed Natural Gas Transit Buses - Not to Exceed $350,000] Ordinance waiving competitive bidding requirements in the Administrative Code, and all other requirements in the Administrative Code, Environment Code, or other parts of the Municipal Code as applied to a commodities purchase, to authorize the Airport Commission to procure up to 14 used compressed natural gas transit buses from the City of Phoenix, which owns and operates Phoenix Sky Harbor International Airport, for an amount not to exceed $350,000; and authorizing the Airport Director to negotiate the terms of the agreement consistent with the not to exceed amount. (Airport Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Melgar, Ronen

affordable housing projects, and related costs necessary or convenient for the foregoing purposes; to be financed through bonded indebtedness in an amount not to exceed $300,000,000, subject to independent citizen oversight and regular audits; authorizing landlords to pass-through 50% of the resulting property tax increase, if any, to residential tenants under Administrative Code, Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such bonds; affirming a determination under the California Environmental Quality Act; and finding that the proposed Bond is consistent with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Resolution.) (Fiscal Impact) Supervisors Ronen, Walton, Preston, Stefani, Melgar, and Engardio requested to be added as co-sponsors. Tom Paulino (Mayor's Office) confirmed that Mayor London N. Breed accepted primary sponsorship for this matter. Resolution No. 528-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

ing purposes; authorizing landlords to pass-through 50% of the resulting property tax increase, if any, to residential tenants under Administrative Code Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such Bonds; incorporating the provisions of the Administrative Code relating to the Citizens’ General Obligation Bond Oversight Committee’s review of Affordable Housing Bond expenditures; setting certain procedures and requirements for the election; affirming a determination under the California Environmental Quality Act; and finding that the proposed Bond is consistent with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Ordinance.) (Fiscal Impact) Supervisors Ronen, Walton, Preston, Stefani, Melgar, and Engardio requested to be added as co-sponsors. Tom Paulino (Mayor's Office) confirmed that Mayor London N. Breed accepted primary sponsorship for this matter. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar, Ronen

230980 [Administrative Code - Reproduction and Notary Fees - Department of Administrative Services] Ordinance amending the Administrative Code to increase the fees imposed by the Department of Administrative Services for reproduction and notary services provided to the public, and authorizing the Controller to make future adjustments to ensure that costs of providing the services are recovered without producing revenue which is significantly more than such costs. (City Administrator) PASSED ON FIRST READING by the following vote:

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

Excused: Melgar, Ronen

ity and $150,000 from Municipal Transportation Agency (MTA); and re-appropriating $100,000 to the Arts Commission (ART) for mural artwork, $98,000 to Children, Youth and Their Families (CHF) for playground upgrades, youth nutrition education, and food security; $25,000 to the Department of Emergency Services (DEM) for emergency preparedness training and capacity building; $49,000 to the Department of Public Works (DPW) for irrigation system, outdoor seating area, and trees and plants in three locations; $50,000 to the Department of Economic and Community Development (ECN) for small business rainy day funds; $25,000 to the Recreation and Park Department (REC) for removal of storm damage and hazardous trees from Mount Sutro; $30,000 to the Police Department (POL) for cameras in the Inner Sunset; and $150,000 to the Municipal Transportation Agency (MTA) for community space design, traffic calming, and traffic safety at three locations in Fiscal Year (FY) FY2023-24. (Fiscal Impact) Supervisor Mandelman, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of November 14, 2023. The motion carried by the following vote:

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

Excused: Melgar, Ronen

230967 [Lease of Property - 2789-25th Street - The San Francisco General Hospital Foundation - $0 Initial Base Rent] Resolution authorizing and approving the lease of a portion of the real property located at 2789-25th Street to The San Francisco General Hospital Foundation for an initial term of twenty years at an annual base rent of $0 plus two 10-year extension options to extend, to commence upon execution of the Lease, after approval of this Resolution by the Board of Supervisors and Mayor, in their respective sole and absolute discretion; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; adopting California Environmental Quality Act findings; and to authorize the Director of Property to enter into amendments or modifications to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of this Resolution. (Real Estate Department) (Fiscal Impact) Resolution No. 533-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231027 [Accept and Expend Grant - Friends of Jackson Park - Renovation of Jackson Playground - $12,440,735] Sponsors: Mayor; Walton and Safai Resolution authorizing the Recreation and Park Department (RPD) to accept and expend cash and in-kind grants from the Friends of Jackson Park valued at $12,440,735 for the renovation of Jackson Playground for the project term of upon approval of Board of Supervisors until Notice of Substantial Completion; and to authorize the General Manager of RPD to enter into modifications to the Grant 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. (Recreation and Park Department) Resolution No. 537-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231036 [Contract Agreement - Radiation Detection Company - Purchase of Ionized Radiation Detection Badge Services - Not to Exceed $420,000] Resolution authorizing the Office of Contract Administration (OCA) to execute Contract 1000027338 with Radiation Detection Company (Contractor) for the purchase of ionized radiation detection badge services by City departments for a total not to exceed amount of $420,000 and a contract term of five years with an option to extend by two additional years, for a total duration of seven years, to commence on December 1, 2023, through November 30, 2028; to allow Contractor to maintain radiation dose exposure reports for a period exceeding ten years; and to authorize OCA to enter into amendments or modifications to the agreement that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the agreement or this Resolution. (Office of Contract Administration) Resolution No. 538-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231037 [Contract Amendment - Retroactive - Western States Oil - Gasoline Fuel - Not to Exceed $35,450,000] Resolution retroactively authorizing the Office of Contract Administration to enter into a Fifth Amendment (Modification 5) to Contract 1000012394 between the City and County of San Francisco and Western States Oil (Contractor) for the purchase of gasoline for all City departments, increasing the contract amount by $2,950,000 for a total not to exceed amount of $35,450,000 and extending the contract duration by 19 days, for a total duration of five years and 19 days from November 1, 2018, through November 19, 2023. (Office of Contract Administration) (Fiscal Impact) Resolution No. 539-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231024 [Emergency Declaration - Trocadero Clubhouse Repairs - Estimated Cost of Repairs Not to Exceed $1,850,000] Sponsors: Mayor; Engardio Resolution approving the Recreation and Park Department General Manager’s declaration of emergency under Administrative Code, Section 6.60, for the repairs to the Trocadero Clubhouse, with an estimated not to exceed amount of $1,850,000. (Recreation and Park Department) (Fiscal Impact) Resolution No. 535-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231025 [Emergency Declaration - Winter Storm Debris Removal - Estimated Cost of Repairs Not to Exceed $2,100,000] Sponsors: Mayor; Engardio Resolution approving the Recreation and Park Department General Manager’s declaration of emergency under Administrative Code, Section 6.60, for winter storm clean-up at Sigmund Stern Grove and other Recreation and Park facilities, with an estimated not to exceed cost of $2,100,000. (Recreation and Park Department) (Fiscal Impact) Resolution No. 536-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231026 [Contract Amendment - Five Keys Schools and Programs - 685 Ellis Semi-Congregate Shelter - Not to Exceed $27,296,994] Sponsors: Mayor; Preston Resolution approving the first amendment to the contract between Five Keys Schools and Programs and the Department of Homelessness and Supportive Housing (“HSH”) for supportive services and property management at the 685 Ellis semi-congregate shelter; extending the contract term by 31 months from November 30, 2023, for a total term of December 15, 2022, through June 30, 2026; increasing the contract amount by $19,365,652 for a total amount not to exceed $27,296,994; and authorizing HSH to enter into any additions, amendments, or other modifications to the contract that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City and are necessary to effectuate the purposes of the contract or this Resolution. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Supervisor Preston requested to be added as a co-sponsor. Resolution No. 527-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

230866 [Health Code - Regulating Medical Specimen Test Collection Sites] Sponsors: Preston; Ronen and Dorsey Ordinance amending the Health Code to require that sites that collect medical specimens on behalf of clinical laboratories partner with either a governmental entity, a licensed health care provider located in the City, or an educational or academic institution, establish hygiene, sanitation, and privacy standards, and adhere to the Health Insurance Portability and Accountability Act; and providing that a violation of the specimen collection standards is a public health nuisance subject to an administrative penalty that may be imposed by the Department of Public Health. Supervisor Dorsey requested to be added as a co-sponsor. Supervisor Preston requested this Ordinance be DUPLICATED ON FIRST READING. See duplicated File No. 231158. PASSED ON FIRST READING by the following vote:

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

Excused: Melgar, Ronen

llection Site perform Tests on behalf of the entity. The ordering prescriber’s standing order, required by subsection (f), shall not constitute sufficient evidence of a partnership. (j) Covered Operators shall not offer or pay Examinees any remuneration, including anything of value, directly or indirectly, overtly or covertly, in cash or in kind, to induce, or in exchange for, the Examinee using a Test offered by the Covered Operator. The prohibition on remuneration shall not apply to clinical testing performed pursuant to an institutional review board-approved research study or with the approval of the Department.’; on Page 7, Line 25, through Page 8, Line 5, by adding ‘SEC. 4905. VIOLATION A MISDEMEANOR. Any person who violates Section 4903 is guilty of a misdemeanor. Any person convicted of a misdemeanor hereunder is punishable by a fine of not more than $500 or by imprisonment for a period of not more than six months, or by both. A person who violates the provisions of Section 4903 is guilty of a separate offense for each day, or portion thereof, during which the violation continues.’; and making other clarifying and conforming changes. The motion carried by the following vote:

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

Excused: Melgar, Ronen

Ordinance amending the Health Code to require that sites that collect medical specimens on behalf of clinical laboratories partner with either a governmental entity, a licensed health care provider located in the City, or an educational or academic institution, establish hygiene, sanitation, and privacy standards, and adhere to the Health Insurance Portability and Accountability Act; prohibiting such sites from paying individuals to take a medical test; and providing that a violation of the specimen collection standards is a misdemeanor offense and a public health nuisance subject to an administrative penalty that may be imposed by the Department of Public Health. Supervisor Preston, seconded by Supervisor Walton, moved that this Ordinance be RE-REFERRED AS AMENDED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote:

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

Excused: Melgar, Ronen

231018 [Liquor License Transfer - 313 Ivy Street - Fig & Thistle] Resolution determining that the person-to-person, premise-to-premise transfer of a Type-48 on-sale general public premises liquor license to 7682 LLC, to do business as Fig & Thistle, located at 313 Ivy Street (District 5), 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. 534-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

230727 [Board Response - Civil Grand Jury Report - Taking Care of Business: San Francisco's Plan to Save its Small Businesses] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2022-2023 Civil Grand Jury Report, entitled "Taking Care of Business: San Francisco's Plan to Save its Small Businesses;" and urging the Mayor to cause the implementation of accepted findings and recommendations through her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 532-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231138 [United Against Hate Week - November 12 through November 18, 2023] Sponsors: Mandelman; Melgar, Peskin, Walton, Dorsey, Ronen, Engardio, Stefani, Preston, Chan and Safai Resolution recognizing the week of November 12 through November 18, 2023, as United Against Hate Week in the City and County of San Francisco. Supervisors Preston, Chan, and Safai requested to be added as co-sponsors. Resolution No. 531-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen

231159 [Maria Branyas Day - November 7, 2023] Sponsor: Peskin Resolution commending San Francisco-born supercentenarian, Maria Branyas, the world’s oldest known living person; and declaring November 7, 2023, as “Maria Branyas Day” in the City and County of San Francisco. President Peskin inquired whether any individual wished to address the Board on the Imperative Agenda item declaring November 7, 2023, as “Maria Branyas Day” (File No. 231159). There were no speakers. The President declared public comment closed. Resolution No. 529-23 ADOPTED by the following vote:

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

Excused: Melgar, Ronen