Board of Supervisors Minutes: November 2, 2021

210961 [Municipal Elections Code - Non-United States Citizen Voting in School Board Elections] Sponsors: Chan; Melgar, Walton, Ronen, Preston, Mar, Mandelman, Peskin, Safai and Haney Ordinance amending the Municipal Elections Code to reauthorize Non-United States citizen voting in elections for the Board of Education of the San Francisco Unified School District and specifying that Non-United States citizens may vote in recall elections regarding members of the Board of Education. Supervisors Safai and Haney requested to be added as co-sponsors. Ordinance No. 206-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

210874 [Contract Amendment - Heluna Health - San Francisco Homeless Outreach Team - Not to Exceed $51,819,067] Sponsor: Mayor Resolution approving the seventh amendment to the contract between the City and County of San Francisco and Heluna Health to provide comprehensive outreach and case management programming to meet the needs of people experiencing homelessness in San Francisco, known as the San Francisco Homeless Outreach Team, to extend the contract agreement term for 19 months from November 30, 2021, for a total term of August 1, 2014, through June 30, 2023, and increasing the contract amount by $12,685,125 for a total contract amount not to exceed $51,819,067. (Fiscal Impact) Resolution No. 511-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

210959 [Agreement Amendment - Blythe Solar IV, LLC - CleanPowerSF Power Purchase - Energy Storage Capability - Not to Exceed $220,280,744] Resolution approving amendments to CleanPowerSF’s power purchase agreement with Blythe Solar IV, LLC, to add energy storage capability to the existing solar energy facility and increase the contract amount by $83,096,000 for a total not to exceed cost of $220,280,744 to commence in October 2022, with no change to the term. (Public Utilities Commission) (Fiscal Impact) Resolution No. 510-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

210960 [Grant Agreement and Amendments - Retroactive - Japanese Community Youth Council - Mayor's Youth Employment and Education Program - Not to Exceed $39,662,265] Resolution retroactively approving the original grant agreement, first amendment, and second amendment for Contract No. 1000009982 for the Mayor's Youth Employment and Education Program between the Japanese Community Youth Council and the City and County of San Francisco, acting by and through its Department of Children, Youth and Their Families, for a total term of July 1, 2018, through June 30, 2024, and for a total not to exceed amount of $39,662,265. (Department of Children, Youth & Their Families) (Fiscal Impact) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), and Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Resolution No. 516-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

, which includes a liquidated damages clause in case of default by the City; 3) authorizing the SFPUC General Manager and/or City’s Director of Property to execute the Sale Agreement, make certain modifications, and take certain actions in furtherance of this Resolution and the Sale Agreement, as defined herein; 4) adopting findings declaring that the real property is “surplus land” and “exempt surplus land” pursuant to the California Surplus Lands Act; 5) determining that a competitive bidding process for the conveyance of the Property is impractical and not in the public interest, in accordance with Section 23.3 of the Administrative Code; 6) affirming the Planning Department’s determination under the California Environmental Quality Act (“CEQA”) and adopting the findings required by Section 15091 of the CEQA Guidelines previously adopted by Caltrans in conjunction with the Project; and 7) adopting 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. (Public Utilities Commission) Resolution No. 517-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

211047 [Accept and Expend Grant - Retroactive - Mental Health Services Oversight and Accountability Commission - Mental Health Student Services Act of 2019 - $6,000,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $6,000,000 from the Mental Health Services Oversight and Accountability Commission for participation in a program, entitled “Mental Health Student Services Act of 2019,” for the period of October 1, 2021, through September 30, 2025. (Public Health Department) Resolution No. 518-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

211048 [Accept and Expend Grant - Retroactive - California Department of Parks and Recreation - Crocker Amazon Playfields and Lake Merced Trail - $1,634,540] Sponsors: Mayor; Safai and Melgar Resolution retroactively authorizing the Recreation and Park Department to accept and expend grant funding in the amount of $1,634,540 from the California Department of Parks and Recreation for the Crocker Amazon Playfield Project and Lake Merced Trail Improvement Project; and approving the form of the grant contract which requires the Recreation and Park Department to maintain the projects for the duration of the Contract Performance Period from July 1, 2019, through June 30, 2049, pursuant to Charter, Section 9.118(a). (Recreation and Park Department) Resolution No. 519-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

210614 [Union Square Business Improvement District - Annual Report - FY2019-2020] Sponsor: Peskin Resolution receiving and approving the annual report for the Greater Union Square Business Improvement District for Fiscal Year (FY) 2019-2020, 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. Resolution No. 514-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

210615 [Fisherman's Wharf Landside Community Benefit District and Fisherman's Wharf Portside Community Benefit District - Annual Report - FY2019-2020] Sponsor: Peskin Resolution receiving and approving the annual report for the Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside Community Benefit District for Fiscal Year (FY) 2019-2020, 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 Districts' management agreements with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 515-21 ADOPTED by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

210808 [Planning Code - Requirements for Laundromats and On-site Laundry Services] Sponsors: Peskin; Chan, Preston, Ronen, Mandelman, Haney, Walton, Mar and Melgar Ordinance amending the Planning Code to add Laundromat as a defined term, to require conditional use authorization for uses replacing Laundromats, and to prohibit Accessory Dwelling Units that reduce on-site laundry services unless replaced; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

210868 [Planning Code - Inclusionary Housing Program Updates] Sponsors: Ronen; Chan, Peskin, Preston, Melgar, Mandelman, Safai and Haney Ordinance amending the Planning Code to update inclusionary housing program requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of necessity, convenience, and welfare under Planning Code, Section 302. Supervisors Mandelman, Safai, and Haney requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

City and County of San Francisco Page 880 Printed at 2:46 pm on 12/3/21 Board of Supervisors Meeting Minutes 11/2/2021 Recommendation of the Rules Committee Supervisor Mandelman Excused from Voting Supervisor Preston, seconded by Supervisor Mar, moved that Supervisor Mandelman be excused from voting on File No. 211080. The motion carried by the following vote:

Ayes: Chan, Haney, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Excused: Mandelman

211080 [Appointment, California State Association of Counties - Supervisor Rafael Mandelman] Motion appointing Supervisor Rafael Mandelman, term ending December 1, 2022, to the California State Association of Counties. (Clerk of the Board) Motion No. M21-151 APPROVED by the following vote:

Ayes: Chan, Haney, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Excused: Mandelman

210710 [Approving Conditional Use Authorization - 575 Vermont Street] Motion approving the decision of the Planning Commission by its Motion No. 20921, approving a Conditional Use Authorization, identified as Planning Case No. 2020-000886CUA, for a proposed project located at 575 Vermont Street; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Motion No. M21-152 Supervisor Walton, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Absent: Safai

210711 [Conditionally Disapproving Conditional Use Authorization - 575 Vermont Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20921, approving a Conditional Use Authorization, identified as Planning Case No. 2020-000886CUA, for a proposed project at 575 Vermont Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds (8 votes) of the members of the Board.) Supervisor Walton, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Absent: Safai

210712 [Preparation of Findings Related to Conditional Use Authorization - 575 Vermont Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified as Planning Case No. 2020-000886CUA, for a proposed project at 575 Vermont Street. (Clerk of the Board) Supervisor Walton, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Stefani, Walton

Absent: Safai

ion pursuant to Motion Nos. M21-148 (File No. 211112) and M21-149 (File No. 211114), approved on October 26, 2021. The following Supervisors were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton Persons in attendance: Anne Pearson, Yvonne Mere, Owen Clements, and Jaime Huling Delaye, Deputy City Attorneys (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). The matter was heard in closed session, no action was taken, and the hearing was filed. HEARD IN CLOSED SESSION RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 3:56 p.m. The following Supervisors were noted present: Supervisors Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, and Walton [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Preston, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

ene Sackler Lefcourt, Beverly Sackler, Theresa Sackler, David A. Sackler, Trust for the Benefit of Members of the Raymond Sackler Family, Rhodes Pharmaceuticals L.P., Cephalon, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Endo International Plc, Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Janssen Pharmaceuticals, Inc., Insys Therapeutics, Inc., Mallinckrodt Plc, Mallinckrodt LLC, Allergan Plc F/K/A Actavis Plc, Watson Pharmaceuticals, Inc. N/K/A Actavis, Inc., Watson Laboratories, Inc., Actavis LLC, Actavis Pharma, Inc. F/K/A/ Watson Pharma, Inc., AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation; the lawsuit involves allegations that AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation created a public nuisance and violated the Unfair Competition Law and the False Advertising Laws by distributing increasingly large volumes of opioids in and around San Francisco despite knowledge of the growing epidemic caused by opioid misuse, and by failing to prevent and report suspicious opioid orders as required by state and federal law. (City Attorney) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

sa Sackler, David A. Sackler, Trust for the Benefit of Members of the Raymond Sackler Family, Rhodes Pharmaceuticals L.P., Cephalon, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Endo International Plc, Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Janssen Pharmaceuticals, Inc., Insys Therapeutics, Inc., Mallinckrodt Plc, Mallinckrodt LLC, Allergan Plc F/K/A Actavis Plc, Watson Pharmaceuticals, Inc. N/K/A Actavis, Inc., Watson Laboratories, Inc., Actavis LLC, Actavis Pharma, Inc. F/K/A/ Watson Pharma, Inc., AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation; the lawsuit involves allegations that Johnson and Johnson’s subsidiary, Janssen Pharmaceuticals, Inc., created a public nuisance and violated the Unfair Competition Law and the False Advertising Laws through deceptive marketing of opioids, manufacturing and distributing increasingly large volumes of opioids in and around San Francisco despite knowledge of the growing epidemic caused by opioid misuse, and by failing to prevent and to report suspicious opioid orders as required by state and federal law. (City Attorney) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

211140 [Findings to Allow Teleconferenced Meetings During Declared Emergency] Motion making findings to allow teleconferenced meetings under California Government Code, Section 54953(e). (Clerk of the Board) Motion No. M21-153 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton