Imperium

The Board approved a series of settlements including a lawsuit with New Cingular Wireless PCS LLC for $463,593 related to access line tax penalties. Another settlement was authorized regarding a lawsuit filed by Esquivel Grading & Paving, Inc. for $250,000, involving a breach of contract claim. A settlement was approved in which the City would receive $300,000 in a lawsuit against Richard F. Bettencourt, et al., concerning damage to the San Joaquin Pipeline. Additional settlements included cases involving Cheryl Thornton ($100,000), Darlene Daevu ($90,000), and Dellfinia Hardy ($116,250), all related to employment disputes. A significant settlement of $2,223,500 was authorized for a lawsuit involving current and former residents of Laguna Honda Hospital. The Board also approved settlements for Jonathan Valladares ($45,000) for alleged personal injury from a vehicle collision, Ricky Williams ($75,000) for an employment dispute, and Patrick Jackson ($50,000) also for an employment dispute. Lastly, settlements for Abdul and Priscilla Nevarez ($227,500) regarding disability access violations at golf courses, David Cordero ($69,999) for alleged civil rights violations during a traffic stop, and Xavier Pittman ($195,000) for an officer-involved shooting were approved. Also authorized were resolutions approving settlements for unlitigated claims, including Bonifacio Rei Q Salvador ($39,223.18) for property damage and personal injury from a vehicle collision, Euphoria Hospitality, Inc. ($245,152.11) for property damage to the Nob Hill Hotel caused by shelter-in-place hotel guests, SF Good LLC ($3,893,862) for property damage to the Good Hotel caused by shelter-in-place hotel guests, Goodwill of the San Francisco Bay ($240,280.15) for unpaid State Unemployment Insurance charges, and Wing Kwok and Lai Leng Lei ($71,000) for property damage due to flooding. The Board also approved a tolling agreement with The Mexican Museum. All items were approved with a unanimous vote of 11-0.

The Board considered several ordinances related to Memoranda of Understanding (MOUs) with various unions and employee associations. Ordinances adopting and implementing MOUs with the San Francisco Fire Fighters Union Local 798 (Units 1 and 2) were passed. An ordinance implementing the MOU with the Municipal Executives Association - Fire was also approved. Additionally, the board passed an ordinance fixing compensation for unrepresented employees. Amendments to the MOU with Service Employees International Union, Local 1021 (Amendments No. 2, 3, and 4) were adopted, addressing classification studies, compensation for dispatchers, and retention payments for Human Services Agency employees. Further ordinances implementing amendments to the MOU with the Municipal Executives Association (Amendments No. 1 and 2) were also passed. Additionally, they finalized the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association - Police, to be effective July 1, 2023, through June 30, 2026, however, Supervisor Peskin voted against it on First Reading, resulting in a final vote of 10-1. These ordinances cover various terms and conditions of employment. All items were approved by a vote of 11-0, except for the Municipal Executives Association - Police MOU which passed 10-1 with Supervisor Peskin voting no.

An ordinance amending the Planning Code to allow continued use of existing shared spaces in public parking lots in the Mission Street Neighborhood Commercial Transit (NCT) District without triggering abandonment was approved. The vote was 11-0.

The Board approved an ordinance amending the Landmark Designation for the Castro Theatre to specify exterior features to be preserved and add interior features, reflecting the property's historical significance. The vote was 8-3, with Supervisors Peskin, Ronen, and Walton voting against.

The Board approved an ordinance amending the Police Code to temporarily halt the acceptance of new cannabis retail permit applications until December 31, 2027. The vote was 11-0.

The Board approved an ordinance amending the Health Code to designate the City Attorney to represent the City in judicial proceedings to establish a "Murphy Conservatorship." This action was initially passed unanimously but then was rescinded and repassed 10-1, and then the original unanimous vote was allowed to stand. Finally, the ordinance was approved unanimously. The vote was 11-0.

A resolution approving the Professional Services Agreement for the management and operations of airport public and employee parking facilities with SP Plus SF Joint Venture for a five-year term, not to exceed $214,947,987, was adopted. The vote was 11-0.

The Board adopted a resolution approving the settlement of an unlitigated claim filed by 1231 Market Street Owner L.P. against the City for $19,500,000, related to property damage at the Hotel Whitcomb caused by shelter-in-place hotel guests. The vote was 11-0.

A motion responding to the Civil Grand Jury's request for a status update on the Board's response to recommendations regarding the City's high-pressure emergency firefighting water system was approved. The vote was 11-0.

The Board approved the first reading of an ordinance amending the Planning Code to designate The Church for the Fellowship of All Peoples as a Landmark. The vote was 11-0.

The Board approved the first reading of an ordinance amending the Administrative Code to designate the wild parrot as the official animal of the City. Supervisor Mandelman was added as a co-sponsor. The vote was 11-0.

A motion approving the appointment of Elizabeth Winograd to the Children and Families First Commission was approved. The vote was 11-0.

The Board convened as a Committee of the Whole to consider retail water and wastewater rates and charges for Fiscal Year End (FYE) 2024-2026 from the San Francisco Public Utilities Commission. The President opened the public hearing and Supervisor Safai provided opening remarks and background information on the Retail Water and Wastewaster Rates as referenced in File Nos. 230641, 230642, and 230719. The President then inquired as to whether any member of the public wished to address the Committee of the Whole. Dennis Herrera, General Manager, Matthew Freiberg, and Laura Busch (Public Utilities Commission) provided an overview of the rates and responded to questions raised throughout the discussion. Thierry Fill; Peter Drekmeyer; Katherine Howard; Otto Duffy; Paul Wells; Eileen Boken; George Wooding; Rudy Gonzalez; Molly Colton; Mary Butterwick; spoke on various concerns relating to the rates. The President closed public comment, declared the hearing heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors.

A resolution rejecting the retail water and wastewater rates and charges for Fiscal Year End (FYE) 2024-2026 from the San Francisco Public Utilities Commission was tabled. The vote was 11-0.

The Board approved a contract amendment with the Regents of the University of California for behavioral health services for children, youth, and families. A retroactive amendment was approved for mental health services for the Infant Parent Program. Resolutions were adopted retroactively authorizing the Department of Public Health to accept and expend grants from the Centers for Disease Control and Prevention for the San Francisco Project INVEST program. An additional resolution retroactively authorized DPH to accept and expend a grant from California Department of Public Health through the Physicians for a Healthy California for participation in a program entitled “COVID-19 Test to Treat Equity Grant”. Finally, the Board retroactively authorized DPH to accept and expend a grant from the California Department of Public Health for participation in a program, entitled “Syphilis Outbreak Strategy (SOS) Grant”. All actions were approved with 11-0 votes.

The Board considered proposed interim budget and appropriation ordinances for departments and the annual salary ordinance for Fiscal Years (FYs) ending June 30, 2024, and June 30, 2025. During the discussion, privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised. Supervisor Walton, seconded by Supervisor Preston, moved to AMEND the ordinance to remove the Interim Exception for the three (3.0 FTE) District Attorney’s Office 8177 positions for the ongoing work and caseload around the abatement of open-air drug market and drug trafficking prosecutions. The motion FAILED 4-7. The budget and salary ordinances passed first reading with votes of 9-2, with Supervisors Preston and Walton voting against.

The Board approved the first reading of an ordinance amending the Planning and Building Codes to facilitate commercial to residential adaptive reuse and downtown economic revitalization. Supervisors Mandelman and Stefani requested to be added as co-sponsors. The vote was 11-0.

Members of the public expressed concerns about cyber stalking, crime rates, housing, safe injection sites, overdose prevention, rehabilitation sites, and commended Nancy Wuerfel for her work. Multiple individuals expressed support for the Resolution commending Nancy Wuerfel for her exemplary advocacy and stewardship (File No. 230721). There were also conversations about the need to establish CARE Courts within the Tenderloin and urged the Supervisors and the Mayor to work together to bring this solution to the Tenderloin.

The Board approved several resolutions without committee reference, including designating the San Francisco Arts Commission as the City and County of San Francisco agency serving as the state-local partner with the California Arts Council from July 1, 2023, through June 30, 2024. They also supported California Assembly Bill No. 346 (Quirk-Silva) regarding income tax credits for low-income housing. Furthermore, the board approved the Urging the Appropriation of Funding and Strategic Responses for Homelessness. The Board showed support for Assembly Constitutional Amendment No. 5 (Low and Wiener) to remove the ban on marriage equality in the California State Constitution. The Menstrual Equity Act of 2023 was also supported. Finalizing these resolutions was the supporting of California Senate Bill No. 729 (Menjivar) which would create Treatment for Infertility and Fertility Services. All resolutions were adopted unanimously.

A motion directing the Budget and Legislative Analyst to audit the Public Utilities Commission's Water and Wastewater Enterprises was severed and considered with the Special Order (File Nos. 230640 and 230641). During the Committee of the Whole hearing, Supervisor Safai requested that File No. 230719 be severed and considered with the Special Order (File Nos. 230640 and 230641); public comment was taken during for this matter during the Committee of the Whole hearing. Although it was not required, Supervisor Safai, seconded by Supervisor Melgar, moved that this Motion be APPROVED. Before the vote was taken, Supervisor Dorsey requested this Motion be sent to committee. Supervisor Dorsey requested this Motion be REFERRED to the Government Audit and Oversight Committee.

The Board approved a resolution commending Nancy Wuerfel for her exemplary advocacy. Supervisors Engardio, Melgar, Stefani, Safai, and Dorsey requested to be added as co-sponsors. The vote was 11-0.

Mayor Melgar introduced an ordinance amending the Planning Code to replace numerical density limits in certain zoning districts with existing regulations on the built envelope, such as height, bulk and setbacks. This was assigned to the Land Use and Transportation Committee.

Supervisor Safai introduced an ordinance amending the Planning Code to change the manner in which residential density is regulated in Neighborhood Commercial Districts by replacing residential numerical density limits with already-existing regulations on the built envelope of buildings, such as height, bulk, and setbacks. This was assigned to the Land Use and Transportation Committee.

Supervisor Stefani introduced an ordinance amending the Administrative Code to prohibit firearm possession in childcare facilities, City property, election facilities, medical facilities, and private parks and playgrounds. Ronen, Melgar, Dorsey, Walton, Engardio, Chan, Mandelman and Safai were added as co-sponsors. This was assigned to the Rules Committee.

The Mayor introduced a resolution designating various media outlets as outreach community and neighborhood periodicals for Fiscal Year 2023-2024. A resolution was introduced to designate The San Francisco Examiner as the official newspaper of the City for Fiscal Year 2023-2024. These were assigned to the Budget and Finance Committee.

The Mayor introduced a resolution retroactively authorizing the Office of Cannabis to accept and expend a grant award in the amount of $3,000,000 from the Board of State and Community Corrections for the Proposition 64 Public Health and Safety Grant Program. Mandelman and Safai are co-sponsors. This was assigned to the Budget and Finance Committee.

The Mayor introduced a resolution approving and authorizing the Director of Property to acquire property located at 1174-1178 Folsom Street and 663 Clementina Street for homelessness and supportive housing. The vote was 11-0. This was assigned to the Homelessness and Behavioral Health Select Committee.

The Mayor introduced a resolution approving and authorizing the Department of Homelessness and Supportive Housing to apply to the California Department of Housing and Community Development for a Homekey Grant for the property located at 42 Otis Street. Mandelman is a co-sponsor. This was assigned to the Budget and Finance Committee.

The Mayor introduced resolutions extending the time within which the Planning Commission may render its decision on an Ordinance (File No. 230310) amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs). Supervisor Dorsey introduced resolutions extending the time within which the Planning Commission may render its decision on an Ordinance (Board File No. 230540) amending the Planning Code by re-adopting the former Planning Code section and Zoning Map designation creating the Mission and 9th Street Special Use District (SUD). These will be referred for Adoption Without Committee Reference Agenda at the next board meeting.

Supervisor Stefani introduced a Motion supporting California Governor Gavin Newsom’s proposed 28th Amendment to the United States Constitution to enshrine fundamental, broadly supported gun safety measures into law. Mandelman, Ronen, Walton, Preston and Safai are co-sponsors.

Motion enacting a 4.75% cost of living adjustment (COLA) to the base Fiscal Year (FY) 2022-2023 contract amount of $2,979,318 for Budget and Legislative Analyst Services, to be effectuated as of July 1, 2023, resulting in a new FY 2023-2024 contract amount of $3,121,318 an increase of $142,000; and directing the Clerk of the Board to take all necessary administrative action to amend the contract accordingly.

The Board approved motions approving/rejecting the Mayor’s nomination for the reappointment of Ben Bleiman & Cynthia Wang to the Entertainment Commission. (Charter, Section 4.117, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 14, 2023.)