The San Francisco Board of Supervisors convened on November 1, 2022, addressing a range of issues from settlements and building codes to business fees and Laguna Honda Hospital. The meeting started with the condemnation of the attack on Paul Pelosi. Settlements for numerous lawsuits and unlitigated claims were approved. Building codes were updated and new legislation was proposed to extend the small business permit, license, and registration fee waiver program. A significant portion of the meeting was dedicated to Laguna Honda Hospital, with a public hearing and a closed session to discuss a settlement and related contract. Additionally, the Board adopted a resolution declaring November 2022 as Lung Cancer Awareness Month and a resolution urging changes to state law regarding sideshows. A fire code and treasure island housing appropriation ordinance were assigned, as well as several others for further review.
President Walton, representing the Board, condemned the attack on Paul Pelosi and reiterated the condemnation of violence against public officials and their families. Following this, President Walton acknowledged the Ramaytush Ohlone people as the original inhabitants of the San Francisco Peninsula, in compliance with Board Rule 4.7.1.
Angela Calvillo, the Clerk of the Board, provided instructions on how members of the public could contribute live comments during the general public comment period, either in-person or remotely via telephone. She also detailed how written comments could be submitted via email or the U.S. Postal Service.
Supervisor Peskin, seconded by Supervisor Mandelman, moved to approve the minutes from the September 27, 2022, Regular Board Meeting. The motion was approved with all 11 supervisors voting in favor, following a general public comment period.
Ordinance No. 223-22 retroactively authorized the Department of Public Health to accept and expend $1,557,822 from the Centers for Disease Control and Prevention for the COVID-19 Public Health Crisis Response program, covering July 1, 2021, through June 30, 2023. The ordinance also amended the Annual Salary Ordinance to add four grant-funded full-time positions: 2.5 FTE Manager III, 1.25 FTE Health Program Coordinator III, and 1.25 FTE Health Care Analyst.
The Board passed several ordinances on first reading approving settlements for various lawsuits against the City and County of San Francisco: Theodore Belizaire ($186,642.33 for personal injuries in a collision with a City vehicle, with $99,142.33 going to Zuckerberg San Francisco General Hospital for a medical lien), Donna James ($125,000 for an employment dispute), Susan Bell ($160,000 for alleged civil rights violations and excessive force), Phris M. Keaton ($45,000 for alleged personal injury due to excessive force by a Sheriff’s Deputy), Michael Petersen ($75,000 for alleged personal injury in a City park), Rachell Evans ($100,000 for an employment dispute), Aliitasi T. Alapati ($100,000 for an alleged civil rights violation), Brandon Murphy ($50,000 for alleged personal injury from medical negligence), and Gayatri Kishore ($44,775 for an employment dispute).
The Board adopted resolutions approving settlements for several unlitigated claims against the City and County of San Francisco: Allianz Asset Management of America L.P. ($1,173,047.78 for a refund of gross receipts and homelessness gross receipts taxes), Williams-Sonoma, Inc. ($163,479.04 for a refund of homelessness gross receipts taxes), Wyeth Holdings LLC ($119,283.21 for a refund of homelessness gross receipts taxes for the 2019 tax year), Yuna Chuquilin ($82,500 for an employment dispute), and Old Republic Title Company ($25,125 plus statutory interest for an alleged overpayment of real property transfer taxes).
The Board repealed the 2019 Building Code, Existing Building Code, Green Building Code, Mechanical Code, Electrical Code, and Plumbing Code in their entirety and enacted the corresponding 2022 codes, consisting of the 2022 California codes as amended by San Francisco, with an operative date of January 1, 2023. The Clerk of the Board was directed to forward the Ordinances to the California Building Standards Commission.
An ordinance amending the program established in Ordinance No. 143-21 waiving certain first-year permit, license, and business registration fees for certain businesses, retroactive to November 1, 2021, to 1) extend the program through June 30, 2023; 2) increase the gross receipts permissible for a business to qualify for the tax and fee waiver from $2,000,000 to $5,000,000; 3) remove the requirement that the business be located on the ground floor; (4) expand the business types covered by the waiver from commercial businesses in certain Planning Code categories to all commercial businesses; 5) extend the period for refunds to the later of one year from the date of payment or June 30, 2023; 6) revise the procedures for challenging Tax Collector determinations that a business improperly claimed a waiver under this Ordinance; 7) increase the gross receipts above which the waiver would be retroactively revoked from $10,000,000 to $15,000,000 in the calendar year of, or in any calendar year during the three full calendar years following, the date the business commenced business within San Francisco or opened a new business location for commercial use; and 8) make other administrative and reporting changes, as defined herein. Supervisors Dorsey, Mandelman, Mar, and Stefani requested to be added as co-sponsors. It PASSED ON FIRST READING by the following vote.
An ordinance amending the Administrative Code to exempt from property taxation real property valued at $500 or less and possessory interests valued at $4,000 or less, beginning in the 2023-2024 assessment year. Supervisor Mandelman requested to be added as a co-sponsor. It PASSED ON FIRST READING by the following vote.
Resolution No. 460-22 approved a lease amendment extending the term from January 1, 2023, to five years after the completion of tenant improvements for approximately 75,137 square feet at 1390 Market Street (Fox Plaza), with SFII 1390 MARKET ST, LLC as Landlord, for use by the Office of the City Attorney, at an initial annual rent of $4,959,042 with 3% annual increases thereafter. The City is contributing $1,600,000 toward the cost of the tenant improvements and approved the continued use of a portion of the premises for childcare services.
Resolution No. 461-22 retroactively authorized the Public Defender’s Office to accept and expend a grant of $1,194,950 from the California Board of State and Community Corrections to support the resentencing of individuals, for the period March 1, 2022, through March 1, 2025.
Resolution No. 464-22 approved a Professional Services Agreement for Airport Contract No. 50303 to provide shuttle bus services at the San Francisco International Airport (Airport), between SFO Hotel Shuttle, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $72,612,418 for a period of five years to commence upon Board of Supervisors approval.
Resolution No. 220991, retroactively approving Agreement No. 22-20154 between the Department of Public Health, Behavioral Health Services, and the California Department of Health Care Services, to provide substance use disorder services for an amount not to exceed $248,687,500 for the five year term of July 1, 2022, through June 30, 2027, was re-referred to the Budget and Finance Committee. Ana Validzic and Max Rocha from the Department of Public Health answered questions during the discussion.
Resolution No. 456-22 responded to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2021-2022 Civil Grand Jury Report, entitled “A Progress Report about the San Francisco Department of Homelessness and Supportive Housing,” urging the Mayor to implement accepted findings and recommendations through her department heads and the annual budget.
Resolution No. 455-22 retroactively approved a Memorandum of Understanding (MOU) with various cities and counties in the Bay Area for the application, allocation, and distribution of federal Urban Areas Security Initiative (UASI) grant funds, continuing San Francisco as the primary grantee and fiscal agent for the period from December 1, 2021, through November 30, 2025.
Resolution No. 465-22 authorized the County Health Officer, the Department of Public Health’s Director of Environmental Health Branch, or their respective designees, to enter into remedial action agreements and oversee remedial investigations and remedial actions at hazardous waste release sites, pursuant to California Health and Safety Code, Section 101480.
The Board approved Motion No. M22-174, appointing Adena Gilbert, Jeffrey Morris, and Kristine Nelson to the Assessment Appeals Board No. 1. Additionally, Motion No. M22-170 approved the appointments of John Lee, Mervin Conlan, and Yosef Tahbazof to the Assessment Appeals Board No. 2, with Supervisor Safai disclosing a long-time family friendship with Yosef Tahbazof but affirming it did not constitute a conflict of interest. Lastly, Motion No. M22-171 approved the appointments of Shawn Ridgell and James Reynolds to the Assessment Appeals Board No. 3.
Supervisors recognized and presented Certificates of Honor to veteran honorees, including Rod Kearny (recognized by Supervisor Mar), Kenyon Wingo (recognized by Supervisor Stefani), Del Seymour (recognized by Supervisor Preston), Maria Cecilia Morena (recognized by Supervisor Ronen), Swords to Plowshares (accepted by Michael Blecker and recognized by Supervisor Safai), Commissioner George Ishikata (posthumously recognized by Supervisor Chan), Ghazwan Alsharif (recognized by Supervisor Dorsey), Bob Dockendorff (recognized by Supervisor Mandelman), and Colonel (Retired) D. Peter Gleichenhaus (recognized by Supervisor Melgar).
The Board opened a public hearing to consider the appeal of a determination of exemption from environmental review for a proposed project at 45 Bernard Street. However, the appellant withdrew the appeal, and after inquiring whether anyone wished to address the Board, President Walton closed public comment and declared the public hearing heard and filed. Motion No. M22-172 affirmed the determination by the Planning Department that the proposed project at 45 Bernard Street is categorically exempt from further environmental review.
The Board, sitting as a Committee of the Whole, heard an item regarding the Transbay Block 4 Redevelopment Project. Supervisor Dorsey indicated a motion to file the Hearing (File No. 220853) and refer the Ordinance to the Land Use and Transportation Committee (File No. 220854). After determining there were no individuals who wished to address the Board, the President closed public comment, adjourned the Committee of the Whole, and reconvened as the Board of Supervisors. File 220854 was then re-referred to the Land Use and Transportation Committee.
The Board, sitting as a Committee of the Whole, held a public hearing on Laguna Honda Hospital’s strategy for recertification and relocation plan (File No. 220619) and the Settlement of Lawsuit (File No. 221100). Roland Pickens (Department of Public Health) provided an overview of the recertification and settlement and responded to questions raised throughout the discussion. Melanie Grossman; Francisco Da Costa; Joseph Ervin; Patrick Monette-Shaw; Citizen 22; Dr. Theresa Palmer; Art Persyko; spoke on various concerns relating to the recertification and/or settlement. There were no other speakers. President Walton closed public comment and declared the public hearing heard and filed.
Ron Fong expressed support for the Resolution declaring November 2022 as Lung Cancer Awareness Month. Michael Petrelis expressed concerns regarding public comment opportunities and the lack of access to Prop G calendars. A speaker shared the need to stand up for trans rights and a personal experience intervening on the harassment of a transgender woman. Another speaker shared concerns regarding the desecration of a historical building and the need to protect the Castro Theatre. Brea Chung expressed concerns regarding Baker Places and a letter that 50 neighbors would be submitting.
The Board recessed to convene in closed session to confer with the City Attorney regarding the settlement of a 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 motion carried by the following vote.
Supervisor Melgar, seconded by Supervisor Dorsey, moved not to disclose its Closed Session deliberations. The motion carried by the following vote.
An 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. It PASSED ON FIRST READING by the following vote.
Resolution No. 467-22 declared November 2022 as Lung Cancer Awareness Month in the City and County of San Francisco. Supervisors Chan, Preston, and Dorsey requested to be added as co-sponsors. Adopted resolution.
Motion No. M22-173 approved the scheduling of a public hearing and closed session regarding the proposed ordinance 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, and 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 scheduled closed session would allow the Board to confer with the City Attorney regarding that existing litigation in which the City is a plaintiff. It was scheduled for November 1, 2022 at 3:00 p.m.
Resolution No. 466-22 was a resolution urging the California State Legislature to amend the State Vehicle Code to impose harsher penalties for side shows and stunt driving. It was ADOPTED by the following vote: Ayes: 10 - Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Ronen, Safai, Stefani, Walton Noes: 1 - Preston
Mayor; Peskin and Chan sponsored an 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, including provisions for fees for permits, inspections, and various City services, with an operative date of January 1, 2023; adopting findings of local conditions pursuant to California Health and Safety Code, Section 17958.7; directing the Clerk of the Board of Supervisors to forward San Francisco’s amendments to the California Building Standards Commission and State Fire Marshal; and making environmental findings.
Mayor; Safai, Ronen and Dorsey sponsored an ordinance appropriating $4,711,123 from the issuance of Treasure Island Infrastructure and Revitalization Financing District (IRFD) No. 1 Tax Increment Revenue Bonds and appropriating to the affordable housing project in the Mayor’s Office of Housing and Community Development in Fiscal Year (FY) 2022-2023.
Mar; Melgar, Dorsey, Preston, Stefani, Walton and Safai sponsored an ordinance amending the Police Code to require private employers to pay employees who are military reservists and are called for military duty the difference between their military salary and their salary as employees, for up to 30 days in a calendar year, and to create procedures for implementation and enforcement of this requirement.
Peskin; Dorsey, Chan and Mandelman sponsored an ordinance amending the Administrative Code to establish the 706 Mission Fund to receive funds provided to the City under the 2013 purchase and sale agreement regarding the property at 706 Mission Street; to authorize the Recreation and Park Department and the Mayor’s Office of Housing and Community Development to expend monies from the Fund for specified purposes after receiving recommendations from the SoMa Community Stabilization Fund Community Advisory Committee; and to require the Recreation and Park Department and the Mayor’s Office of Housing and Community Development to prepare reports regarding expenditures from the Fund.
Ronen; Safai, Preston, Stefani, Peskin, Chan, Mar, Walton, Melgar, Dorsey and Mandelman sponsored an ordinance amending the Administrative Code to authorize the San Francisco Public Utilities Commission to include Social Impact Commitment criteria as a qualitatively scored element in solicitations for certain contracts at designated thresholds.
The Mayor introduced a Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $6,000,000 from the California Board of State and Community Corrections for participation in a program, entitled “Proposition 47 Supporting Treatment & Reducing Recidivism - Cohort III,” for the period of September 1, 2022, through June 1, 2026.
The Mayor; Melgar introduced a Resolution approving the Second Amendment to the Transit Shelter Advertising Agreement between the City and County of San Francisco and Clear Channel Outdoor, LLC, to exercise the option to extend the Agreement for five years, from December 7, 2022, through December 7, 2027; adjust the minimum annual guarantee payments, as well as administrative and marketing payments; and increase the maintenance and service obligations of Clear Channel.
Peskin; Preston introduced a Resolution receiving and approving an annual report for the Lower Polk Community Benefit District for Fiscal Year (FY) 2020-2021, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4.
Chan; Walton, Melgar, Safai, Mar, Peskin, Stefani, Mandelman, Ronen, Preston and Dorsey introduced a Resolution commending Congresswoman Jackie Speier on the occasion of her retirement from the United States Congress after 14 years as a Member of the United States House of Representatives, and nearly 40 years as an elected leader for the San Francisco Bay Area.
Preston; Walton and Mar introduced a Motion directing the Budget and Legislative Analyst to conduct two additional performance audits in Fiscal Year (FY) 2022-2023 consisting of 1) a multi-part audit of various departments’ delegated authority for public works contracts pursuant to Chapter 6 of the Administrative Code; and 2) how conflicts of interest are managed citywide.
Motions to reappoint Elizabeth Winograd, term ending March 19, 2024, to the Child Care Planning and Advisory Council (seat 5), and appoint Heather Cassandra Morado (residency requirement waived), term ending March 19, 2023, to the Child Care Planning and Advisory Council (seat 8), and Jonathan Skolnick, term ending March 19, 2025, to the Child Care Planning and Advisory Council (seat 10).
It was requested that A Hearing to consider the review and approval of the Budget Guidelines for the Board of Supervisors/Clerk of the Board Annual Budget for Fiscal Years (FYs) 2023-2024 and 2024-2025 be set.
The Sheriff proposed an Ordinance 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 consistent with the criteria set forth in state law; and approving the Sheriff’s Department’s Use of Equipment Policy.
The Historic Preservation Commission proposed a Resolution approving a historical property contract between Julie A. Chin, the owner of 942-944 Fell Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract.
The Real Estate Department proposed a Resolution authorizing and approving a first amendment to the lease to the renewal of an office lease for the existing Transportation Management Center with Hudson 1455 Market, LLC, as landlord, for the San Francisco Municipal Transportation Agency, at 1455 Market Street, at a yearly initial base rent of $1,320,059.49 with annual adjustments of three percent for a term of ten years to commence September 20, 2023, for a total term of September 20, 2023, through September 19, 2033; and to authorize the Director or Property to enter into any extensions, 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 the Lease or this Resolution.