Imperium

The Board of Supervisors approved Ordinance No. 218-22, sponsored by Supervisors Safai, Chan, and Ronen, which amends the Administrative Code to require the Tax Collector to provide information on real property that has been tax-defaulted for at least three years to the Mayor’s Office of Housing and Community Development (MOHCD). The ordinance also mandates that the Tax Collector provide the Board of Supervisors with a summary of referrals to government agencies and other organizations for resolving property tax delinquencies before a property is sold for nonpayment of taxes.

The board approved Ordinance No. 219-22 authorizing the Tax Collector to refund overpayments of Homelessness Gross Receipts Tax to taxpayers who paid estimated Homelessness Gross Receipts Taxes for the 2020 tax year and reported $50,000,000 or less in total taxable gross receipts on a timely filed original Gross Receipts Tax return. The refunds are authorized through April 30, 2023.

The Board of Supervisors approved Ordinance No. 221-22, sponsored by Supervisor Mandelman and co-sponsored by Supervisors Dorsey, Preston, and Ronen, which amends the Administrative Code to name the permanent supportive housing development located at 1321 Mission Street in memory of public health advocate Margot Antonetty.

The board approved Ordinance No. 222-22, sponsored by Supervisor Mandelman, amending the Health Code and Police Code to extend the sunset date for provisions governing Medical Cannabis Dispensaries from December 31, 2022, to December 31, 2024. It also allows the extension of Temporary Cannabis Business Permits for additional 120-day terms through December 31, 2024, rather than December 31, 2022. The ordinance affirmed the Planning Department’s determination under the California Environmental Quality Act and made findings of consistency with the General Plan.

The board approved Ordinance No. 217-22, sponsored by Supervisor Preston, designating the coast redwood (Sequoia sempervirens) tree located at 313 Scott Street as a landmark tree pursuant to the Public Works Code. The ordinance included findings supporting the designation and directed official acts in furtherance of the landmark tree designation.

The board approved Ordinance No. 220-22, approving Surveillance Technology Policies governing the use of various technologies by City departments. These policies include Automatic License Plate Readers by the Municipal Transportation Agency, Biometric Processing Software or System by the Juvenile Probation Department, Body-Worn Cameras by the Fire Department, People-Counting Camera by the Library, Third-Party Security Cameras by the Municipal Transportation Agency and War Memorial, Location Management Systems by the Juvenile Probation Department, Computer Management System by the Library, and Social Media Monitoring Software by the Library. The ordinance also included required findings in support of the approvals.

The board approved Ordinance No. 210-22, sponsored by Supervisors Mandelman and Melgar, amending the Planning Code to provide a density limit exception allowing up to four dwelling units per lot, and up to six dwelling units per lot in Corner Lots, in all RH (Residential, House) zoning districts. This is subject to requirements like the replacement of protected units. The ordinance also amends the Administrative Code to subject new dwelling units constructed under this exception to the rent increase limitations of the Rent Ordinance, and the Subdivision Code to authorize a subdivider constructing new dwelling units under the density exception to submit an application for condominium conversion or a condominium map that includes the existing and new dwelling units. Supervisor Walton voted against the ordinance.

The board approved on the first reading an ordinance retroactively authorizing the Department of Public Health to accept and expend a grant of $1,557,822 from the Centers for Disease Control and Prevention for participation in a COVID-19 related program, entitled “COVID-19 Public Health Crisis Response and the Public Health Workforce Development Supplemental Funding,” from July 1, 2021, through June 30, 2023. The ordinance also amends the Annual Salary Ordinance to add four grant-funded full-time positions.

The board adopted Resolution No. 444-22, retroactively authorizing the Department of the Environment to accept and expend a grant of $2,384,797 from the California Energy Commission to implement an Electric Vehicle Ready Blueprint to accelerate local vehicle electrification from August 1, 2022, through March 29, 2024. Google, EVgo, and other City agencies will provide in-kind services and equipment. Supervisor Peskin voted against the resolution.

The board adopted Resolution No. 445-22, approving and authorizing the execution of agreements related to property near Islais Creek, involving the City, the San Francisco Port Commission, the California State Lands Commission, and the Cole Trust. This includes a Purchase and Sale Agreement and a Public Trust Exchange and Title Settlement Agreement.

The board adopted Resolution No. 446-22, retroactively approving the sixth amendment to the contract with the California Department of Parks and Recreation Division of Boating and Waterways that requires the San Francisco Recreation and Park Department to operate and maintain the improvements made to the Lake Merced Boat Dock with Division of Boating and Waterway funds and extending the term from February 1, 2022, for a total term of March 1, 2015, through September 4, 2041, pursuant to Charter, Section 9.118(a).

The board adopted Resolution No. 449-22, retroactively authorizing the Recreation and Park Department (RPD) to accept and expend grant funding in the amount up to $1,900,000 from the California Department of Parks and Recreation for the Twin Peaks Promenade and Trails Improvement Project for the term of July 1, 2020, through June 30, 2025; approving the grant contract which requires the Recreation and Park Department to maintain the project for the duration of the Contract Performance Period from July 1, 2020, through June 30, 2050, pursuant to Charter, Section 9.118(b). Supervisors Melgar and Mandelman requested to be added as co-sponsors.

The board adopted Resolution No. 447-22, approving the seventh amendment to the contract between the Municipal Transportation Agency and TEGSCO, LLC, for services related to the towing, storage, and disposal of abandoned and illegally parked vehicles, to increase the contract amount by approximately $33,200,000 for a total contract amount not to exceed $121,400,000 for the balance of the second year and through March 2025.

The board adopted Resolution No. 448-22, authorizing the Director of Property to execute a second amendment to a ten-year commercial lease, with two five-year extension options, between the City and County of San Francisco and Volunteers in Medicine, DBA Clinic By the Bay, for the City-owned property located at 35 Onondaga Avenue. It also authorized the reimbursement of up to a total of $2,120,594 for tenant improvements.

The board adopted Resolution No. 450-22, authorizing the Mayor’s Office of Housing and Community Development to participate in the fourth round Notice of Funding Availability and accept and expend the county competitive allocation award for an amount up to $26,711,719 under the California Department of Housing and Community Development No Place Like Home Program, which provides funding for counties to develop multifamily housing specifically for persons with serious mental illness who are homeless, chronically homeless, or at-risk of chronic homelessness. Supervisor Mandelman requested to be added as a co-sponsor.

The board adopted Resolution No. 451-22, approving the issuance and sale of revenue obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $33,000,000 to finance, refinance, and/or reimburse the cost of acquisition, construction, installation, rehabilitation, equipping, and furnishing of various capital facilities to be owned and operated by Presidio Knolls School, Inc.

The board passed on the first reading Ordinances repealing the 2019 Building Code, Existing Building Code, Green Building Code, Mechanical Code, Electrical Code, and Plumbing Code in their entirety and enacting the corresponding 2022 Codes, consisting of the 2022 California Codes, as amended by San Francisco. The operative date for the new codes is January 1, 2023. (File Nos. 220940, 220941, 220942, 220943, 220944, and 220945)

The board adopted Resolution No. 452-22, confirming the nomination of Elena Kim as the County Veterans Service Officer for the City and County of San Francisco.

The board approved Motion No. M22-164 appointing Stephen Jon Torres to the Entertainment Commission, term ending July 1, 2026. Motion No. M22-165 appointing Edda Mai Johnson to the In-Home Supportive Services Public Authority, term ending March 1, 2023. Motion No. M22-166 appointing Sherrice Dorsey-Smith (residency requirement waived) to the Child Care Planning and Advisory Council, term ending March 19, 2025.

There were no commendations recognized

The board considered Ordinance 220702, sponsored by the Mayor, Mandelman, Dorsey, and Mar. This ordinance amends the Administrative Code to revise the definitions of gender identity, sex, and sexual orientation, and add the definition of gender expression, in Chapters 12B and 12C (ordinances prohibiting discrimination in contracting including property contracts); revise the definition of age in Chapters 12A (the Human Rights Commission ordinance) and 12B; and revise the definition of disability in Chapters 12A, 12B, and 12C. This item was not sent as a committee report.

Supervisor Peskin, seconded by Supervisor Safai, moved to excuse President Walton from voting on the appointment of Jabari Jackson (File No. 221000), due to a possible conflict of interest. The motion carried. The board then considered Motion 22-167 to appoint Jusef Nathan, Joanna Hernandez (residency requirement waived), Linda Hurshman, and Jabari Jackson to the Reentry Council. President Walton requested that the question be DIVIDED to consider the appointment of Jabari Jackson separately. The remaining balance of the question was APPROVED, followed by the divided question to consider the appointment of Jabari Jackson, with President Walton excused. Upon approval of both the divided and remaining balance questions, the Motion was APPROVED as a whole.

Osborn Carrington and Enrico expressed concerns regarding certain co-op housing and the discontinuation of in-house support services. Jordan Davis and Leah McGeever expressed concerns regarding transphobic comments made by elected officials. Bram Goodwin expressed support of cannabis program legislation. Michael Petrelis expressed concerns regarding public comment opportunities at the Board and the reduction of seats at the Castro Theatre. Lisa Church expressed concerns regarding traffic violence. Additional speakers expressed concerns regarding open enrollment, and certain co-op housing.

Jessica Bullocks; expressed concerns regarding the Resolution proclaiming Asexual Awareness Week (File No. 221086).

The board adopted Resolution No. 453-22, sponsored by Supervisor Dorsey and co-sponsored by Supervisors Mandelman and Chan, proclaiming October 23 through October 29, 2022, as Asexual Awareness Week in the City and County of San Francisco. Supervisor Chan requested to be added as a co-sponsor.

The board approved Motion No. M22-168, appointing Uzuri Pease-Greene to the Eastern Neighborhoods Citizens Advisory Committee, for a term ending October 19, 2023. Uzuri Pease-Greene must live, work or own a business in the “Plan Area” they are appointed to represent.

The board approved Motion No. M22-169, making findings to allow teleconferenced meetings under California Government Code, Section 54953(e).

Supervisor Dorsey requested that File No. 221085 be severed so that it may be considered separately. Resolution urging the California State Legislature to amend the State Vehicle Code to impose harsher penalties for side shows and stunt driving. Supervisor Dorsey, seconded by Supervisor Stefani, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 1, 2022.

Supervisor Mandelman requested that File No. 221087 be severed so that it may be considered separately. Resolution declaring October 27, 2022, as SF Spikes Day in the City and County of San Francisco, in recognition of San Francisco Spikes’ work to engage the LGBTQ+ community in soccer and advance LGBTQ+ social causes and events. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 454-22 was ADOPTED

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against U.S. Department of Health and Human Services and Xavier Becerra, Secretary of Health and Human Services for $203,885; and in connection with the settlement agreement, authorizing the Department of Public Health to enter into a contract with a Quality Improvement Expert without engaging in a competitive procurement process, and without adhering to specified contract requirements in the Administrative Code. The lawsuit involves allegations that defendants violated the Administrative Procedure Act and the City’s due process rights by deciding to terminate federal funding for Laguna Honda Hospital and Rehabilitation Center. 10/25/22; RECEIVED AND ASSIGNED to Board of Supervisors.

Ordinance repealing the existing San Francisco Fire Code in its entirety and enacting a new San Francisco Fire Code consisting of the 2022 California Fire Code and portions of the 2018 International Fire Code, together with amendments specific to San Francisco. (10/28/2022 - Economic Impact Pending further review) 10/25/22; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/24/2022.

Ordinance 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 and the Western SoMa Mixed Use-General District. 10/25/22; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/24/2022.

Ordinance amending the Planning Code to exclude designated historic districts under Article 10 of the Planning Code from the provisions of the Home Ownership Means Equity-San Francisco (HOME-SF) Program. 10/25/22; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 11/24/2022.

Ordinance waiving the fee required under Public Works Code, Section 724.1(b), for temporary street space occupancy permits on San Francisco streets on November 25-27, December 2-4, and December 9-11, 2022, to promote sidewalk sales of merchandise during the holiday season. 10/25/22; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 11/24/2022.

Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $314,180 from the California Department of Insurance for the Automobile Insurance Fraud Program, for the grant period of July 1, 2022, through June 30, 2023 and Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $1,008,768 from the California Department of Insurance for the Workers’ Compensation Insurance Fraud Program, for the grant period July 1, 2022, through June 30, 2023 (District Attorney) 10/25/22; RECEIVED AND ASSIGNED to Budget and Finance Committee.

Resolution retroactively authorizing Public Works to accept and expend an earmark grant of $163,513 from the Federal Highway Administration 2018 Earmark Repurposing Final Approved List to fund the construction of the Sloat Infrastructure Improvements project. 10/25/22; RECEIVED AND ASSIGNED to Budget and Finance Committee.

Resolution initiating a landmark designation under Article 10 of the Planning Code of 1200 Taraval Street (aka Parkside Library) in the Sunset District. 10/25/22; RECEIVED AND ASSIGNED to Land Use and Transportation Committee.

Resolution declaring November 2022 as Lung Cancer Awareness Month in the City and County of San Francisco. 10/25/22; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Motion scheduling the Board of Supervisors to sit as a Committee of the Whole at the meeting on November 1, 2022, to hold a public hearing to consider the proposed Ordinance (File No. 221102) endorsing settlement of the lawsuit filed on behalf of the City and County of San Francisco against the U.S. Department of Health and Human Services. 10/25/22; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Motion approving/rejecting the Mayor’s nomination for appointment of Michael Lambert, term ending October 8, 2026, to the Children and Families First Commission, Alex Ludlum to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), term ending November 3, 2026 and Jeanette Howard to the Treasure Island Development Authority Board of Directors, for a term ending February 26, 2025. 10/25/22; RECEIVED AND ASSIGNED to Rules Committee.

Hearing to discuss the Budget and Legislative Analyst report, entitled "SFUSD comparative analysis of functions, staffing, and resources allocated to San Francisco Unified School District central offices with those of other comparable school districts;" and requesting the Budget and Legislative Analyst and San Francisco Unified School District (SFUSD) to report. 10/25/22; RECEIVED AND ASSIGNED to Youth, Young Adult, and Families Committee.

Hearing to consider the Department of Public Health’s (DPH) secondary employment policies and the overall condition of Baker Places, Inc. 10/25/22; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

Hearing to discuss the findings and recommendations made in the August 30, 2022, Citywide Nonprofit Performance Audit report, entitled "The City Should More Effectively Evaluate the Impact of Services Provided by Community Based Organizations;" and requesting the City Services Auditor and City Performance Division to report. 10/25/22; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

A Hearing of the Board of Supervisors to sit as a Committee of the Whole on November 1, 2022, at 3:00 p.m., during the Regular Board of Supervisors meeting, to hold a public hearing on the proposed Ordinance (File No. 221102) endorsing settlement of the lawsuit filed on behalf of the City and County of San Francisco against the U.S. Department of Health and Human Services, and Xavier Becerra, Secretary of the Department of Health and Human Services, entitled City and County of San Francisco v. U.S. Department of Health and Human Services; Xavier Becerra, Secretary of the Department of Health and Human Services, and in connection with the settlement agreement, authorizing the Department of Public Health to enter into a contract with a Quality Improvement Expert without engaging in a competitive procurement process, and without adhering to specified contract requirements in the Administrative Code. Scheduled pursuant to the Motion contained in File No. 221099, to be considered on November 1, 2022.

Closed Session for the Board of Supervisors to convene on November 1, 2022, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding settlement of the lawsuit filed by the City and County of San Francisco against U.S. Department of Health and Human Services and Xavier Becerra, Secretary of Health and Human Services for $203,885; and in connection with the settlement agreement, authorizing the Department of Public Health to enter into a contract with a Quality Improvement Expert without engaging in a competitive procurement process, and without adhering to specified contract requirements in the Administrative Code; the lawsuit was filed on August 3, 2022, in the United States District Court for the Northern District of California, Case No. 3:22-cv-4500-WHA; entitled City and County of San Francisco v. U.S. Department of Health and Human Services; Xavier Becerra, Secretary of the Department of Health and Human Services; the lawsuit involves allegations that defendants violated the Administrative Procedure Act and the City’s due process rights by deciding to terminate federal funding for Laguna Honda Hospital and Rehabilitation Center before residents could safely be transferred to other facilities and before the City’s administrative appeal could be heard; scheduled pursuant to the Motion contained in File No. 221099, to be considered on November 1, 2022.

This ordinance aims to amend the San Francisco General Plan by repealing the existing 2012 Community Safety Element and replacing it with the updated 2022 Safety & Resilience Element. It reaffirms the Planning Department's adherence to the California Environmental Quality Act (CEQA) and underscores its consistency with both the General Plan and the eight priority policies outlined in Planning Code, Section 101.1. The ordinance also establishes findings of public necessity, convenience, and general welfare in accordance with Planning Code, Section 340.

This resolution seeks approval for settling an unlitigated claim filed by Visa U.S.A. Inc. against the City and County of San Francisco, totaling $28,771.32. The claim, which was submitted on June 30, 2022, pertains to a refund of commercial rents taxes.

This resolution proposes a comprehensive series of actions concerning the sale of real property interests to the State of California, represented by its California Department of Transportation ("Caltrans"). The property in question is located along State Route 84 in the City of Fremont and unincorporated Alameda County and comprises portions of SFPUC Parcel Nos. 57 and 65. This resolution also adopts findings declaring that the real property is "surplus land" and "exempt surplus land" pursuant to the California Surplus Land Act, determines that a competitive bidding process for the conveyance of the Property is impractical and not in the public interest, in accordance with Administrative Code, Section 23.3, adopts responsible agency findings under the California Environmental Quality Act (“CEQA”) and Section 15091 of the CEQA Guidelines, and adopts the Planning Department’s findings that the Sale Agreement, and the transaction contemplated therein, is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1.