Imperium

San Francisco County

Meeting on Budget Allocations, Settlements, and Code Amendments

The San Francisco Board of Supervisors convened on November 28, 2023, covering a wide array of topics. Key actions included approving budget allocations for District 7 projects, settling numerous lawsuits and unlitigated claims, and addressing real property leases. The Board discussed a charter amendment concerning minimum police staffing, which was ordered submitted, while several new ordinances related to affordable housing, cannabis events, and parcel delivery services were introduced. Commendations were presented to individuals and organizations making significant contributions to the community. Finally, the board voted to remove the Homelessness and Behavioral Health Select Committee.

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Consent Agenda

Approval of a budget de-appropriation and appropriation for District 7 projects.

An ordinance was passed to de-appropriate $377,000 from General City Responsibility and $150,000 from the Municipal Transportation Agency (MTA). These funds were then re-appropriated to various departments for projects in District 7, including $100,000 for the Arts Commission (ART) for mural artwork, $98,000 for Children, Youth and Their Families (CHF) for playground upgrades, youth nutrition education, and food security, $25,000 for the Department of Emergency Services (DEM) for emergency preparedness training, $49,000 for the Department of Public Works (DPW) for irrigation, seating, and trees, $50,000 for the Department of Economic and Community Development (ECN) for small business rainy day funds, $25,000 for the Recreation and Park Department (REC) for storm damage removal at Mount Sutro, $30,000 for the Police Department (POL) for cameras in the Inner Sunset, and $150,000 for the MTA for community space design and traffic safety improvements.

Consent Agenda

Approval of a settlement of a lawsuit filed by Yvonne Detert, et al. regarding hotel taxes.

An ordinance was passed authorizing the settlement of a lawsuit filed by Yvonne Detert, et al. against the City and County of San Francisco for $137,785.78, plus statutory interest. The lawsuit, filed in 2018, involved a claim for a refund of penalties related to hotel taxes and fees for the period of October 1, 2013, through December 31, 2013.

Consent Agenda

Approval of a settlement of a lawsuit filed by International Business Machines Corporation regarding tax refunds.

An ordinance was introduced to authorize the settlement of a lawsuit filed by International Business Machines Corporation against the City and County of San Francisco for $1,361,454.60. The lawsuit, filed in 2022, involved a claim for a refund of payroll expense and gross receipts taxes, and related penalties and interest, for the tax year ended December 31, 2018. Additionally, IBM and its related entities will take certain filing positions for gross receipts, homelessness gross receipts, and overpaid executive gross receipts taxes for tax year 2019 and subsequent years, and the City will not impose penalties arising from those filings for tax years 2019 through 2022.

Consent Agenda

Approval of a settlement of a lawsuit filed by Mohammad Habib regarding an employment dispute.

An ordinance was introduced to authorize the settlement of a lawsuit filed by Mohammad Habib against the City and County of San Francisco for $455,000. The lawsuit, filed in 2018, involved an employment dispute.

Consent Agenda

Approval of a settlement of a lawsuit filed by Frederick Schiff et al. regarding an employment dispute.

An ordinance was introduced to authorize the settlement of a lawsuit filed by Frederick Schiff et al. against the City and County of San Francisco et al. for $380,000. The lawsuit, filed in 2019, involved an employment dispute.

Consent Agenda

Approval of a settlement of a lawsuit filed by Madison Cullinane regarding a motor vehicle accident.

An ordinance was introduced to authorize the settlement of a lawsuit filed by Madison Cullinane against the City and County of San Francisco for $40,000. The lawsuit, filed in 2022, involved alleged personal injury from a motor vehicle accident.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Tim Wong regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by Tim Wong against the City and County of San Francisco for $50,000. The claim, filed in April 2023, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by 99 Ocean Ave., LLC regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by 99 Ocean Ave., LLC against the City and County of San Francisco for $36,000. The claim, filed in June 2023, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Joseph Hohenrieder regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by Joseph Hohenrieder against the City and County of San Francisco for $35,000. The claim, filed in November 2022, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Trung Lam regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by Trung Lam against the City and County of San Francisco for $39,000. The claim, filed in April 2023, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Gil Orozco regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by Gil Orozco against the City and County of San Francisco for $65,000. The claim, filed in December 2022, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Rigoberto Herrera regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by Rigoberto Herrera against the City and County of San Francisco for $46,867. The claim, filed in February 2023, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Dolores Street Community Services regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by Dolores Street Community Services against the City and County of San Francisco for $37,197.48. The claim, filed in April 2023, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Linden Research, Inc. regarding a refund of gross receipts taxes.

A resolution was adopted approving the settlement of an unlitigated claim filed by Linden Research, Inc. against the City and County of San Francisco for $162,466. The claim, filed in June 2023, involved a refund of gross receipts taxes and business registration fees.

Consent Agenda

Approval of a resolution settling an unlitigated claim filed by Sentinel Insurance Company, Ltd. regarding property damage from flooding.

A resolution was adopted approving the settlement of an unlitigated claim filed by Sentinel Insurance Company, Ltd. against the City and County of San Francisco for $100,000. The claim, filed in March 2023, involved property damage arising from flooding allegedly caused by a water main rupture.

Consent Agenda

Approval of an ordinance creating the Non-Profit Arts Education Special Use District.

An ordinance was passed amending the Planning Code to create the Non-Profit Arts Education Special Use District, generally bounded by Francisco Street, Jones Street, Chestnut Street, and Leavenworth Street (800 Chestnut Street). The Zoning Map was amended to reflect the new district.

Consent Agenda

Approval of an ordinance approving Airport Surveillance Technology Policies.

An ordinance was passed approving Airport Surveillance Technology Policies governing the use of application-based commercial transport technology, electronic toll readers, and detection systems for gunshots and other noises.

Unfinished Business

Discussion and vote on a charter amendment regarding minimum police department staffing.

The Board discussed a charter amendment (Third Draft) to define "Full-Duty Sworn Officers" for the purpose of establishing minimum staffing levels for sworn officers in the Police Department. Contingent on the Controller's certification of sufficient tax revenue, the amendment would set minimum staffing levels for five fiscal years, starting with 1,700 officers in year one and increasing to 2,074 by year five. It would also require appropriations to maintain the number of sworn officers as of February 1 of the prior fiscal year and establish a Police Full Staffing Fund. Deputy City Attorney Anne Pearson and Controller Ben Rosenfield answered questions during the discussion. The item was ORDERED SUBMITTED by a vote of 6-5, with Supervisors Chan, Melgar, Peskin, Safai, Stefani, and Walton voting in favor and Supervisors Dorsey, Engardio, Mandelman, Preston, and Ronen voting against.

New Business

Approval of an ordinance amending the Business and Tax Regulations Code to broaden the transfer tax exemption for affordable housing.

An ordinance was introduced to amend the Business and Tax Regulations Code to broaden the exemption from increased transfer tax rates for transfers of certain rent-restricted affordable housing when the consideration or value equals or exceeds $5,000,000. The exemption would apply retroactively to transfers occurring on or after January 1, 2017, and extend through December 31, 2030. Supervisor Ronen requested to be added as a co-sponsor. The ordinance PASSED ON FIRST READING by a vote of 11-0.

New Business

Approval of a resolution authorizing the Recreation and Park Department to accept and expend grant funding for the Buchanan Mall Project.

A resolution was adopted authorizing the Recreation and Park Department (RPD) to accept and expend up to $3,900,000 in grant funding from the California Department of Parks and Recreation for the Buchanan Mall Project. The resolution also authorized RPD to enter into a grant contract requiring the park to be maintained as public open space in perpetuity and to record a Declaration of Restrictions on the Buchanan Mall property. The resolution passed with a vote of 11-0.

New Business

Approval of resolutions related to real property leases at Pier 96 and Pier 68/70.

The Board considered File Nos. 231111, 231112, and 231116 together. Resolution No. 564-23 approved Port Commission Lease L-17035 with Recology San Francisco for space at Pier 96, generating approximately $369,500 per month. Resolution No. 565-23 approved Port Commission Lease No. L-17093 with Anderson Enterprises, Inc. for space at the Pier 68/70 Shipyard, generating an initial monthly rent of $66,702.15. Resolution No. 567-23 approved amendments to the form of the Parcel Lease between the Port and Seawall Lot 337 Associates, LLC, for the Mission Rock Project, and amendments to the Leases for Parcel A, Parcel B, Parcel F, and Parcel G with affiliates of the Developer. All three resolutions passed with a vote of 11-0.

New Business

Approval of a resolution supplementing a previous resolution to authorize the issuance of bonds by the Treasure Island financing district.

A resolution was adopted supplementing Resolution No. 7-17 to authorize the issuance and sale by the City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) of one or more series of bonds in an aggregate principal amount not to exceed $10,000,000. The resolution approved related documents, including an Official Statement, supplements to Indentures of Trust, Bond Purchase Agreements, and Continuing Disclosure Certificates. The resolution passed with a vote of 11-0.

New Business

Approval of a resolution amending a loan agreement with Sunnydale Infrastructure 1A3 LLC for the Sunnydale HOPE SF Development.

A resolution was adopted approving and authorizing the execution of a Second Amendment to the Loan Agreement with Sunnydale Infrastructure Phase 1A3 LLC to increase the loan amount by $1,495,294 for a new total loan amount not to exceed $26,567,405. The funds will finance additional construction costs for the second phase of infrastructure improvements and housing development related to the Sunnydale HOPE SF Development. The resolution passed with a vote of 11-0.

New Business

Approval of a resolution authorizing the issuance of special tax bonds for the Treasure Island Community Facilities District.

A resolution was adopted authorizing the issuance and sale of one or more series of Special Tax Bonds for the City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island) with respect to its Improvement Area No. 2 in the aggregate principal amount not to exceed $17,000,000. The resolution approved related documents, including an Official Statement, First Supplement to Fiscal Agent Agreement, Bond Purchase Agreement, and Continuing Disclosure Undertaking. The resolution passed with a vote of 11-0.

New Business

Approval of a motion directing the Budget and Legislative Analyst to conduct additional performance audits on street cleaning and interdepartmental agreements.

A motion was approved directing the Budget and Legislative Analyst to conduct two additional performance audits in Fiscal Year (FY) 2023-2024 on the management of street cleaning by Public Works and of interdepartmental agreements citywide. The motion passed with a vote of 11-0.

New Business

Approval of a resolution adding street signs in the LEATHER & LGBTQ Cultural District.

The board approved the adding of signs reading "LEATHER & LGBTQ Cultural District" to 26 existing street signs in the South of Market neighborhood in the vicinity of LEATHER & LGBTQ Cultural District. The resolution passed with a vote of 11-0 with Supervisor Mandelman requesting to be added as a co-sponsor.

New Business

Approval of a resolution designating the 200 block of Grove Street as “MTT Way” in honor of Michael Tilson Thomas.

A resolution was adopted adding the commemorative street name “MTT Way” to the 200 block of Grove Street in recognition of San Francisco Symphony Music Director Laureate Michael Tilson Thomas’s impact on San Francisco. The resolution passed with a vote of 11-0.

New Business

Approval of an ordinance amending the Police Code to extend the Cannabis Event Pilot Program.

An ordinance was introduced to amend the Police Code to extend the end date of the Cannabis Event Pilot Program from December 31, 2023, to December 31, 2026. The ordinance passed on first reading with a vote of 11-0.

New Business

Approval of a resolution determining that the issuance of a liquor license to The Stud will serve the public convenience or necessity.

A resolution was adopted determining that the issuance of a Type-48 on-sale general public premises liquor license to Universal Life Corral, LLC, to do business as the Stud, located at 1123 Folsom Street, will serve the public convenience or necessity of the City and County of San Francisco. The resolution passed with a vote of 11-0.

Remarks

Recognition of Commendations for In-Home Supportive Services, Martha Ryan, and Joseph Martinez.

Supervisor Chan presented a Certificate of Honor to In-Home Supportive Services, accepted by Po Sum Poon. Supervisor Ronen presented a Certificate of Honor to Martha Ryan, founder of the Homeless Prenatal Program. Supervisor Safai presented a Certificate of Honor to Joseph Martinez, Founder of the Mission Child Care Consortium Inc.

Committee Reports

Discussion on the proposed housing production ordinance and setting a first reading date.

The Board discussed an ordinance amending the Planning Code to encourage housing production. Supervisor Mandelman moved to continue the ordinance on first reading to the Board of Supervisors meeting of December 5, 2023, and the motion carried by a vote of 11-0.

Committee Reports

Items regarding citywide expansion of commercial and retail uses, neighborhood amenities, and Fair Housing policies.

The minutes note that several other items were not sent as committee reports. These include an ordinance amending the Planning Code to permit additional commercial, retail, and restaurant uses, an ordinance amending the Public Works Code to authorize neighborhood amenities in public right-of-ways, and a resolution urging the City Attorney and Mayor to respond to the HCD’s review by seeking deadline extensions for required actions.

Public Testimony

Open forum for city residents to express their concerns and opinions.

Several members of the public spoke during the public comment period. Thierry Fill shared concerns about technology and its impact on beauty. Christopher Kline expressed concerns about digital surveillance. Brenda Barros raised concerns about staffing issues at the Department of Public Health. Speakers shared personal religious views, concerns regarding rent control, safety for businesses, and the need to be involved in government.

New Business

Approval of a motion to cancel a previously scheduled Committee of the Whole meeting regarding delinquent real property transfer taxes.

The Board approved a motion to rescind a previous motion to sit as a Committee of the Whole on January 9, 2024, to hold a public hearing on a Resolution confirming a report of delinquent real property transfer tax. The motion passed with a vote of 11-0.

New Business

Approval of a motion amending the Board Rules of Order to remove the Homelessness and Behavioral Health Select Committee.

A motion was approved amending the Board Rules of Order by striking Board Rule 3.32 to remove the Homelessness and Behavioral Health Select Committee and amending Board Rule 3.25 to remove the Committee as a fiscal committee. The motion passed with a vote of 11-0.

New Business

Approval of a resolution declaring November 28, 2023, as In-Home Supportive Services (IHSS) Provider Day.

The board approved to declare November 28, 2023, as In-Home Supportive Services (IHSS) Provider Day in the City and County of San Francisco. The resolution passed with a vote of 11-0.

Legislation Introduced

Retroactive authorization for the District Attorney to accept a grant for the Organized Retail Theft Vertical Prosecution Program.

An ordinance was introduced to retroactively authorize the Office of the District Attorney to accept and expend a grant of $2,050,000 from the State of California for the Organized Retail Theft Vertical Prosecution Grant Program, and to amend the Annual Salary Ordinance to add grant-funded positions in the District Attorney's Office. Assigned to the Budget and Finance Committee.

Legislation Introduced

Amending the Planning Code to require conditional use authorizations for Parcel Delivery Service uses.

An ordinance was introduced amending the Planning Code to require Conditional Use authorizations for establishing Parcel Delivery Service uses, prohibit Parcel Delivery Service as an accessory use, and revise zoning control tables to reflect these changes. Assigned to the Land Use and Transportation Committee.

Legislation Introduced

Amending the Planning Code to designate the Westwood Park Entrance Gateways and Pillars as a Landmark.

An ordinance was introduced amending the Planning Code to designate the Westwood Park Entrance Gateways and Pillars as a Landmark. Assigned to the Land Use and Transportation Committee. Supervisor Melgar assumed primary sponsorship.

Legislation Introduced

Amending the Housing Code to authorize tenants to sue to enforce habitability requirements.

An ordinance was introduced amending the Housing Code to authorize occupants of residential dwelling units to sue to enforce the prohibition on substandard housing conditions. Assigned to the Land Use and Transportation Committee.

Legislation Introduced

Amending the Planning Code regarding Tobacco Paraphernalia Establishments in the North of Market SUD.

An ordinance was introduced amending the Planning Code to require conditional use authorization for Tobacco Paraphernalia Establishments in the North of Market Special Use District (SUD). Assigned to the Land Use and Transportation Committee.

Legislation Introduced

Establishing a permanent Homeward Bound Program for individuals experiencing or formerly experienced homelessness.

An ordinance was introduced amending the Administrative Code to establish a permanent Homeward Bound Program administered by the Human Services Agency and the Department of Homelessness and Supportive Housing for individuals experiencing or who have formerly experienced homelessness. Assigned to the Rules Committee.

Legislation Introduced

Resolutions authorizing contract agreements for technology goods and services.

A number of resolutions were introduced authorizing the Office of Contract Administration to enter into contract agreements with various vendors (Xtech JV, Presidio Networked Solutions Group, LLC, InterVision Systems, LLC, Insight Public Sector, Inc., Cornerstone Technology Partners II JV, CCT Technologies, Inc., Central Computers Inc., California Creative Solutions, Inc., CDW Government LLC, Accenture LLP) for as-needed technology goods and services, each for an amount not to exceed $20,000,000. All were assigned to the Budget and Finance Committee.

Legislation Introduced

Approving a grant amendment with Eviction Defense Collaborative, Inc. for tenant legal assistance.

A resolution was introduced approving and authorizing an amendment to a grant agreement with Eviction Defense Collaborative, Inc., to increase the grant amount to $6,280,000 and an aggregate grant amount of $11,391,504 for eviction-related legal assistance. Assigned to the Budget and Finance Committee.

Legislation Introduced

Retroactive authorization for the Department of Juvenile Probation to accept a grant for Intensive Foster Care and Family Preservation Services.

A resolution was introduced retroactively authorizing the Department of Juvenile Probation to accept and expend a grant of $360,570 from the California Department of Social Services for Intensive Foster Care and Family Preservation Services. Assigned to the Budget and Finance Committee.

Legislation Introduced

Authorizing the San Francisco Public Library to accept a grant for the Main Library Seismic Moat and Roofing Replacement Projects.

A resolution was introduced authorizing the San Francisco Public Library to accept and expend a grant of $6,336,363 from the California State Library for the Main Library Seismic Moat and Roofing Replacement Projects. Assigned to the Budget and Finance Committee.

Legislation Introduced

Retroactive authorization for the Department on the Status of Women to accept a grant for the Leveraging Collaboratives to End Domestic Violence Program.

A resolution was introduced retroactively authorizing the Department on the Status of Women to accept and expend a grant of $305,850.45 from the Blue Shield California Foundation for the Leveraging Collaboratives to End Domestic Violence Program. Assigned to the Budget and Finance Committee.

Legislation Introduced

Retroactive authorization for the San Francisco Police Department to enter into a Memorandum of Understanding Agreement with the United States Capitol Police.

A resolution was introduced retroactively authorizing the San Francisco Police Department to enter into a Memorandum of Understanding Agreement with the United States Capitol Police to provide supplemental law enforcement services. Assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Motions for mayoral appointment and reappointments to various commissions.

A motion was introduced approving/rejecting the Mayor’s nomination for the appointment of Azalina Eusope to the Sanitation and Streets Commission. Also, motions were introduced reappointing Supervisor Rafael Mandelman to the California State Association of Counties and the Association of Bay Area Governments, Executive Board. All were assigned to the Rules Committee.

Legislation Introduced

Motion establishing the 2024 Board of Supervisors Regular Meeting Schedule.

Motion for establishing the 2024 Board of Supervisors Regular Meeting Schedule was introduced.

Legislation Introduced

Authorizing preparation of written Proponent and Opponent ballot arguments for March 5, 2024 election.

Motion for Authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters for the March 5, 2024 was introduced.

Hearing

Hearing on the financial impacts of Asia-Pacific Economic Cooperation (APEC) Summit.

A hearing was requested on the financial impacts of the Asia-Pacific Economic Cooperation (APEC) Summit on small businesses, cultural institutions, community organizations, residents, and workers within and immediately surrounding the security perimeters. Assigned to the Budget and Finance Committee.

Legislation Introduced

Settlement of Lawsuit - Phaedra Michelle Scott - $40,000

An ordinance authorizing settlement of the lawsuit filed by Phaedra Michelle Scott against the City and County of San Francisco for $40,000; assigned to Government Audit and Oversight Committee.

Legislation Introduced

Settlement of Lawsuit - Alfred Coutts - $190,000

An ordinance authorizing settlement of the lawsuit filed by Alfred Coutts against the City and County of San Francisco for $190,000; assigned to Government Audit and Oversight Committee.

Legislation Introduced

Settlement of Lawsuit - Peyman Pakdel and Sima Chegini - $450,000

An ordinance authorizing settlement of the lawsuit filed by Peyman Pakdel and Sima Chegini against the City and County of San Francisco for $450,000; assigned to Government Audit and Oversight Committee.

Legislation Introduced

Master Lease Amendment - Retroactive - United States Navy - Treasure Island Land and Structures - Term Extension

Resolution approving Amendment No. 48 to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year to commence December 1, 2023; assigned to Budget and Finance Committee.