The San Francisco Board of Supervisors met on February 7, 2023, covering a range of topics including budget allocations, public safety measures, and amendments to various city codes. Key actions included approving budget adjustments for District 7 projects and city-wide initiatives, allocating funds from GO Bonds to the Recreation and Park Department, Port of San Francisco, and the Mayor’s Office of Housing and Community Development. Several settlements for lawsuits against the City were authorized, as well as the approval to apply for retroactive grants for public health programs. New ordinances were introduced, including measures for parole entry agreements, wage theft bonds, and revisions to the Small Business Commission duties. Public comment addressed issues of homelessness, the Nagorno-Karabakh blockade, and the need for improvements to public services. Lastly the board adopted motions approving numerous members into committee for a variety of topics.
Consent Agenda
Approval of budget adjustments for District 7 projects and city-wide initiatives.
The Board approved Ordinance No. 021-23, which involved de-appropriating $292,674 from District 7 General City Responsibility funds and re-appropriating them to various projects in the district: $128,000 to the Department of Children, Youth and Their Families for community space, a sports hub, and a teen workforce development program; $50,000 to the Department of Emergency Management for neighborhood and community building activities; and $114,674 to the Department of Public Works for parklet installation, increased refuse bins, and cleaning supplies. Additionally, $77,500 was de-appropriated from the San Francisco Municipal Transportation Agency and re-appropriated for District 7 Vision Zero projects to improve traffic flow, pedestrian safety, and build a pedestrian island in Fiscal Year 2022-2023.
Consent Agenda
Approval of funds allocation from GO Bonds to the Recreation and Park Department, Port of San Francisco, and the Mayor’s Office of Housing and Community Development.
Ordinance No. 019-23 was approved, appropriating funds from various General Obligation (GO) Bonds. $30,000,000 from Series 2023A Health and Recovery GO Bonds were allocated to the Recreation and Park Department (RPD) for park and recreation facility improvements. $42,000,000 from Series 2023B Embarcadero Seawall GO Bonds went to the Port of San Francisco (PRT) for planning, engagement, program management, pilot projects, design work, and a flood study with the U.S. Army Corps of Engineers. $172,000,000 from Series 2023C Affordable Housing GO Bonds were allocated to the Mayor’s Office of Housing and Community Development (MOHCD) for public, low-income, preservation and middle income, and senior housing projects in Fiscal Year 2022-2023. The funds are placed on the Controller’s Reserve pending receipt of bond proceeds.
Consent Agenda
Approval of settlements for several lawsuits against the City and County of San Francisco.
The Board approved several ordinances authorizing settlements for lawsuits against the City and County of San Francisco. Ordinance No. 014-23 approved a $650,000 settlement for Margarita Herrera's employment dispute lawsuit. Ordinance No. 015-23 approved a $562,500 settlement for Dante King's employment dispute lawsuit. Ordinance No. 016-23 approved a $95,000 settlement for Michael Oakes' employment dispute lawsuit. Ordinance No. 017-23 approved a $92,000 settlement for Jo-Theresa Elias-Jackson's employment dispute lawsuit, which involved an employment dispute.
Consent Agenda
Approval of settlement for a lawsuit filed by New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility, against the City and County of San Francisco.
The board approved Ordinance No. 018-23 authorizing settlement of the lawsuit filed by New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility against the City and County of San Francisco for $0. The lawsuit involved the denial of a Conditional Use Authorization to install a wireless telecommunications facility at 590-2nd Avenue. Other material terms of the settlement are approval of the Planning Commission’s Conditional Use Authorization based on a modification of the proposed facility’s design which moves a screened equipment enclosure away from the building edge, rescission of Board of Supervisors Motions Nos. M21-052, M21-053, and M21-75 that disapproved that Conditional Use Authorization, directed the preparation of findings, and made findings pertaining to the same, dismissal of the lawsuit in its entirety with prejudice; and making environmental findings.
Consent Agenda
Approval of updates to Form 700 filing requirements and adjustments to the Veterans’ Affairs Commission.
Ordinance No. 013-23 was approved, amending the Campaign and Governmental Conduct Code to update the Conflict of Interest Code’s Form 700 (Statement of Economic Interests) filing requirements. This involved adding, deleting, and changing titles of designated officials and employees, and refining disclosure requirements. Ordinance No. 020-23 was also approved, amending the Administrative Code to decrease the number of members on the Veterans’ Affairs Commission from 17 to 13 and make corresponding revisions to qualifications and appointing authorities for members.
New Business
Approval to apply for retroactive grants from the Centers for Disease Control and Prevention, Health Resources Services Administration, and California Department of Public Health regarding HIV and sexually transmitted disease programs.
The Board approved several resolutions related to grant funding for public health programs. Resolution No. 041-23 retroactively authorized the Department of Public Health to submit a one-year application for $7,804,306 in HIV prevention funding from the Centers for Disease Control and Prevention. Resolution No. 042-23 retroactively authorized the Department of Public Health to submit an application for $15,962,602 in HIV Emergency Relief Program funding from the Health Resources Services Administration. Resolution No. 047-23 retroactively authorized the Department of Public Health to accept and expend a grant increase of $386,274, for a total of $1,365,222, from the California Department of Public Health for a sexually transmitted disease program. Resolution No. 048-23 retroactively authorized the Department of Public Health to accept and expend a grant of $1,616,252 from the California Department of Public Health for a Monkeypox Response Funding program.
New Business
Approval of water purchase agreement between the Port Commission and Mission Rock Utilities, real property lease between the Port Commission and Autodesk, and contract agreement with California Health and Human Services Agency.
The board approved Resolution No. 043-23 which authorized the Port Commission to enter into a Water Purchase Agreement with Mission Rock Utilities for water purchase for Port-owned parks and open space at Mission Rock, with a term of 30 years up to a maximum cost of $44,656,545. It also approved Resolution No. 044-23, retroactively approving Port Commission Lease L-16848 with Autodesk, Inc. for approximately 30,590 square feet of office and shed space at Pier 9, Suite 116, and Bays 1-3, for a term of one year with one option to extend, at a monthly rent of $124,508. It also approved Resolution No. 046-23 for a data sharing agreement of zero dollars between the Department of Public Health (DPH) and the California Health and Human Services Agency, to exchange Health and Social Services Information.
New Business
Approval of modification to Airport Contract and grant from San Francisco Health Plan regarding power scheduling coordination and HIV services.
The Board approved Resolution No. 045-23, approving Modification No. 9 to Airport Contract No. 10072.41, with PGH Wong & Partners JV, increasing the contract amount by $7,750,000 for a new not to exceed amount of $25,000,000 for project management support services for the San Francisco International Airport, Courtyard 3 Connector Project. The Board also approved Resolution No. 049-23 retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $316,800 from the San Francisco Health Plan for participation in the CalAIM Incentive Payment Program (IPP).
New Business
Approval of agreement with Treasure Island Series 1, LLC, for construction of a foundation for a sculpture at Yerba Buena Island.
The board approved Resolution No. 50-23 authorizing the Arts Commission to enter into an agreement with Treasure Island Series 1, LLC, for construction of a foundation for a 69-foot tall sculpture by Hiroshi Sugimoto, as part of the Treasure Island Arts Program, for an amount of $274,076.
New Business
First reading passage of ordinances amending the Planning Code regarding nighttime entertainment uses in SoMa and Valencia Street sidewalk bulb-out restrictions.
The Board passed on first reading an ordinance (File No. 221104) amending the Planning Code to allow Nighttime Entertainment as a principally permitted use on properties fronting Folsom Street between 7th Street and Division Street and properties fronting 11th Street between Howard Street and Division Street in the Folsom Street Neighborhood Commercial Transit District, the Regional Commercial District, and the Western SoMa Mixed Use-General District; removing certain restrictions on Nighttime Entertainment uses on properties fronting Folsom Street between 7th Street and Division Street and properties fronting 11th Street between Howard Street and Division Street in the Western SoMa Special Use District; clarifying the buffer restrictions for Nighttime Entertainment uses in the Service/Arts/Light Industrial District and the Western SoMa Mixed Use-Office District. The Board also passed on first reading File No. 221271 which waives certain Administrative Code requirements to allow two food service shared spaces on a sidewalk bulb-out on the 500 Block of Valencia Street to be defined as curbside shared spaces.
New Business
Approval of liquor license for SinombreSF and liquor license transfers for Total Wine & More.
The board voted to adopt resolution No. 038-23 determining that the issuance of a Type-48 on-sale general public premises liquor license to SinombreSF LLC, doing business as SinombreSF, located at 312 Harriet Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco. It also approved Resolution No. 039-23 determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits license; the transfer of a Type-42 on-sale beer and wine public premises license; and the transfer of a Type-86 educational tasting license to California Wine and Spirits LLC, doing business as Total Wine & More located at 1750 Harrison Street (District 9), will serve the public convenience or necessity of the City and County of San Francisco
New Business
Re-referral of ordinance regarding funding, acquisition, and use of Sheriff’s Department equipment to the Rules Committee.
The Board voted to re-refer Ordinance No. 221062, amending the Administrative Code to require Board of Supervisors approval of a policy governing the funding, acquisition, and use of certain law enforcement equipment of the Sheriff’s Department, back to the Rules Committee for further consideration.
New Business
First reading passage of ordinance establishing a City policy against seeking preemptive resignation letters from persons seeking or being considered for appointment or reappointment to City boards and commissions and other City bodies.
The Board approved Ordinance No. 221270 on first reading which amends the Administrative Code to establish a City policy against seeking preemptive resignation letters from persons seeking or being considered for appointment or reappointment to City boards and commissions and other City bodies.
Remarks
Presentation of Certificate of Honor to Senior Inspector Jason J. Collom for his service to the District Attorney's Office
President Peskin introduced and presented a Certificate of Honor to Senior Inspector Jason J. Collom, who works for the Office of the District Attorney, on the occasion of his retirement after 27 years of public service, recognizing his accomplishments in fraud cases impacting the Asian American and Pacific Islander community.
Committee of the Whole
Continuation of hearing regarding the Draft San Francisco Reparations Plan and Dream Keeper Initiative updates to March 14, 2023.
The board, sitting as a Committee of the Whole, heard public comment on the proposed continuance of File No. 230078, a public hearing on the Draft San Francisco Reparations Plan and Dream Keeper Initiative updates. After hearing from Reverend Amos Brown, Kurt Brantford Young, Speaker, and Gloria Berry, the Board voted to continue the hearing to the Board of Supervisors meeting of March 14, 2023.
Committee Reports
First reading passage of ordinance extending the grace period for pandemic shared spaces permits.
The Board passed on first reading an ordinance (File No. 230025) amending the Administrative Code to extend the grace period for an additional 120 days for permit applicants to operate under pandemic shared spaces permits, including any Just-Add-Music approvals, and convert the shared space use into a post-pandemic permit.
Committee Reports
First reading passage of ordinance regarding the Homelessness Oversight Commission and related City Bodies.
The Board passed on first reading an ordinance (File No. 221246) amending the Administrative Code and Business and Tax Regulations Code as required by Proposition C, to provide that the Homelessness Oversight Commission appoint all members of the Local Homeless Coordinating Board; that the Coordinating Board's sole duties are to serve as the governing body for the federal Continuum of Care Program and advise the Commission; that the Shelter Monitoring Committee advise the Commission; and that the Our City, Our Home Oversight Committee advise and make recommendations to the Commission and the Health Commission. Supervisor Mandelman requested to be added as a co-sponsor.
Public Testimony
Comments from the public regarding homelessness, artsakh, beauty in education, government surveillance, gun violence, civility and library services.
During the public comment period, various individuals addressed the Board. Rory Gambrell shared a personal experience with homelessness. Sevana Panosian expressed support for a resolution condemning Azerbaijan’s blockage of Artsakh. Thierry Fill expressed concerns about the need to appreciate beauty and for a new education system. Citizen 22 raised concerns about government surveillance. Joe Kunzler expressed support for an appointment and gun violence advocacy. Gloria Berry shared her experience with homelessness and the need for compassionate services. Peter Warfield shared concerns about the lack of audio equipment at the Public Library. A Speaker expressed concerns regarding the need for civility and caring.
For Adoption Without Committee Reference
Approval of resolution waiving fees for the Burnside Mosaic Steps and resolution condemning Azerbaijan’s Blockade of Artsakh.
The Board adopted Resolution No. 051-23 declaring the intent to waive the Major Encroachment Permit fee for the Burnside Mosaic Steps. They also adopted Resolution No. 052-23 condemning Azerbaijan’s Blockade of the Armenians of Nagorno-Karabakh (Artsakh) and ongoing human rights violations. Supervisors Walton and Preston requested to be added as co-sponsors.
For Adoption Without Committee Reference
Approval of motion scheduling the Board of Supervisors to sit as a Committee of the Whole to consider the Place for All Report, motion making findings to allow teleconferenced meetings during declared emergency, motion reappointing whitney ericson and brandon powell to Bicycle advisory committee, appointment of Sophie Constantinou and Anne Cervantes to the Park Recreation open space advisory committee.
The board approved Motion No. M23-022 scheduling the Board of Supervisors to sit as a Committee of the Whole on March 21, 2023, to consider the Place for All Report. The Board approved Motion No. M23-023 making findings to allow teleconferenced meetings under California Government Code, Section 54953(e). The Board approved motion Nos. 230083 and 230116 reappointing Whitney Ericson and Brandon Powell, term ending November 19, 2024, to the Bicycle Advisory Committee, respectively. Lastly the board approved motions 230117 and 230118 appointing Sophie Constantinou, term ending February 1, 2025, to the Park, Recreation and Open Space Advisory Committee and Anne Cervantes, term ending October 19, 2023, to the Eastern Neighborhoods Citizens Advisory Committee, respectively.
Unfinished Business
Continuation of resolutions regarding Black History Month and accepting the Draft San Francisco Reparations Plan to later dates.
The board approved the continuations for File Nos. 230108 and 230109. Supervisor Walton, not in attendance, requested that these files be considered separately and be continued to later dates. File No. 230108, a resolution recognizing Black History Month, was continued to February 14, 2023. File No. 230109, a resolution accepting the Draft San Francisco Reparations Plan, was continued to March 14, 2023.
Legislation Introduced
Introduction of ordinances authorizing parole entry agreements with the Department of Homeland Security for sex offense and murder prosecutions.
Ordinance No. 230132, sponsored by the Mayor, was introduced, authorizing the District Attorney and Sheriff to enter into an agreement with the United States Department of Homeland Security (DHS) to facilitate parole entry into the United States of a criminal defendant for prosecution on multiple sex offenses in San Francisco. Ordinance No. 230133, also sponsored by the Mayor, was introduced to authorize a similar agreement with DHS for parole entry for a defendant facing murder charges in San Francisco.
Legislation Introduced
Introduction of ordinance amending the Police and Building Codes to require wage theft bonds for residential construction projects.
Ordinance No. 230134, sponsored by Supervisor Mandelman, was introduced, 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, clarifying the bonding requirement.
Legislation Introduced
Introduction of ordinance amending the Administrative Code to revise the duties of the Small Business Commission.
Ordinance No. 230135, sponsored by Supervisor Peskin, was introduced, amending the Administrative Code to revise the duties of the Small Business Commission by focusing on activities to encourage public support for San Francisco small businesses during Small Business Month.
Legislation Introduced
Introduction of resolution retroactively authorizing the Department on the Status of Women to accept and expend a grant from the California Department of Social Services for the Commercial Sexual Exploitation of Children Placement and Services Program.
Resolution No. 230136, sponsored by the Mayor, was introduced, retroactively authorizing the Department on the Status of Women to accept and expend a grant from the California Department of Social Services for the Commercial Sexual Exploitation of Children Placement and Services Program in the amount of $7,000,000 for a three-year grant period.
Legislation Introduced
Introduction of resolutions regarding street naming and renaming of streets and the commemorative designation of "Randall Kline Alley"
Resolution No. 230137, sponsored by Supervisor Melgar, was introduced to rename Lee Avenue to Mayor Edwin M. Lee Avenue. Resolution No. 230138, sponsored by Supervisor Melgar, was introduced approving Diego Lane, Loquat Lane, Meyer Lane, and Wisteria Lane as the official street names within the Balboa Reservoir Project. Resolution No. 230139, sponsored by Supervisor Peskin, was introduced adding the commemorative street name "Randall Kline Alley" to the 200 Block of Linden Street to honor Randall Kline's retirement from SFJAZZ.
Legislation Introduced
Introduction of resolutions regarding extensions for Planning Commission review of Planning Code amendments for Van Ness and HOME-SF.
Resolution No. 230140, sponsored by Supervisor Preston, was introduced extending the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 221164) amending the Planning Code to revise the Van Ness & Market Residential Special Use District. Resolution No. 230146, sponsored by Supervisor Peskin, was introduced retroactively extending by 90 days the prescribed time within which the Planning Commission may review and render its recommendation on an Ordinance (File No. 221105) amending the Planning Code to exclude designated historic districts from the HOME-SF program.
Legislation Introduced
Introduction of resolution to declare February 19th as the Annual Day of Remembrance for Americans of Japanese descent following executive order 9066 and supporting a California State Senate Bill prohibiting harmful practices and/or behaviors caused to child users from using a social media platform.
Resolution No. 230141, sponsored by Supervisor Preston, was introduced declaring February 19th to be an Annual Day of Remembrance to commemorate the signing of Executive Order 9066 in the City and County of San Francisco. Resolution No. 230142, sponsored by Safai, Walton, Chan, Mandelman and Stefani, was introduced supporting California State Senate Bill No. 287, introduced by Senator Nancy Skinner, that would prohibit a social media platform, as defined, from using a design, algorithm, or feature that the platform knows, or which by the exercise of reasonable care should have known, causes child users to harmful practices and/or behaviors, including experience addiction to the social media platform.
Legislation Introduced
Introduction of resolutions urging the San Francisco Public Utilities Commission to reduce nutrient loading to San Francisco Bay and commending The FruitGuys on Their 25th Year in Business
Resolution No. 230150, sponsored by Supervisor Peskin, was introduced urging the San Francisco Public Utilities Commission to reduce nutrient loading to San Francisco Bay and the outer coast through appropriate technologies, including wastewater recycling and advanced treatment. Resolution No. 230151, sponsored by Supervisor Peskin, was introduced commending The FruitGuys, which started the fruit-at-work global industry in San Francisco’s North Beach neighborhood in 1998, on the occasion of their 25th year in business.
Legislation Introduced
Introduction of resolutions urging a adaptive reuse strategy for downtown, labor negotiations, amending rules of order, and Bicycle advisory committee
Resolution No. 230153, sponsored by Supervisor Peskin, was introduced urging the Planning Department to report on potential candidates for adaptive reuse in the Downtown core. Motion No. 230143, sponsored by Peskin, was introduced that the Board of Supervisors convene in closed session on February 14, 2023, to confer with the Mayor’s Office and the Department of Human Resources, pursuant to California Government Code, Section 54957.6, and San Francisco Administrative Code, Section 67.10(e), regarding negotiations with labor unions and bargaining units representing City employees. Motion No. 230145, sponsored by Supervisor Peskin, was introduced amending the Board Rules of Order of the Board of Supervisors by adding Board Rule 3.32 to establish a Homelessness and Behavioral Health Select Committee. Motion No. 230130, sponsored by Kristin Tieche, was introduced reappointing Kristin Tieche, term ending November 19, 2024, to the Bicycle Advisory Committee
Legislation Introduced
Introduction of motions discussing labor negotiations, historic preservation commission, and hearings
Motion No. 230131, sponsored by Mayoral Appointment Victoria Gray, was introduced approving/rejecting the Mayor’s nomination for the appointment of Victoria Gray, term ending
December 31, 2026, to the Historic Preservation Commission. Request for Hearing No. 230147, sponsored by Supervisor Safai, was introduced Hearing to review the Budget and Legislative Analyst's policy analysis report on repurposing
commercial real estate for residential use to address the City's need to produce additional affordable and market rate housing and commercial vacancies, particularly in the Downtown office market. Request for Hearing No. 230148, sponsored by Supervisor Safai, was introduced Hearing to consider the ongoing implementation of Proposition C of November 2022, which
established a Homelessness Oversight Commission in the City and County of San Francisco. Request for Hearing No. 230149, sponsored by Supervisor Safai, was introduced Hearing on the Office of the Chief Medical Examiner's report on Accidental Overdose Deaths, issued on January 18, 2023, and departmental responses to accidental overdose deaths.
Legislation Introduced
Introduction of resolutions regarding real property leases, professional services agreement, and settlement of unlitigated claims.
Resolution No. 230090, was introduced approving a real property lease amendment with 101 South Van Ness, LLC for office space at 110-12th Street. Resolution No. 230091, was introduced approving Amendment No. 2 to a Contract No. PRO.0152, Power Scheduling Coordination and Related Support Services, with APX Inc. to allow for the processing of the California Independent System Operator power transmission service charges. Resolution No. 230092, was introduced 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.