Board of Supervisors Minutes: November 9, 2021

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. Ordinance No. 210-21 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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) Ordinance No. 211-21 FINALLY PASSED by the following vote:

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

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) Ordinance No. 212-21 FINALLY PASSED by the following vote:

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

210806 [Accept and Expend Grant - Retroactive - Blue Shield of California Foundation - Leveraging Collaboration to End Domestic Violence - Amendment to the Annual Salary Ordinance - FYs 2020-2021 and 2021-2022 - $300,000] Sponsors: Mayor; Ronen Ordinance retroactively authorizing the Department on the Status of Women to accept and expend a grant in the amount of $300,000 through the Blue Shield of California Foundation, and amending Ordinance No. 166-20 (Annual Salary Ordinance File No. 200568 for Fiscal Years (FYs) 2020-2021 and 2021-2022) to provide for the addition of one grant-funded Class 1820 Junior Administrative Analyst position (FTE 1.0) for the period of April 1, 2021, through March 31, 2023. PASSED ON FIRST READING by the following vote:

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

210009 [Contract Agreement Amendment - Retroactive - HealthRIGHT 360 - Fiscal Intermediary Check-Writing Services - Not to Exceed $46,766,160] Resolution retroactively approving Amendment No. 1 to the agreement between HealthRIGHT 360 and the Department of Public Health (DPH) for fiscal intermediary check-writing services, in an amount not to exceed $46,766,160; to extend the term by one year and eleven months, from July 31, 2021, for a total agreement term of January 1, 2021, through June 30, 2023; and to authorize DPH to enter into amendments or modifications to the contract, as defined herein, that do not increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract. (Public Health Department) (Fiscal Impact) Resolution No. 520-21 ADOPTED by the following vote:

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

211003 [Contract Modification - MSC Industrial Supply Company Inc. - Purchase of Industrial Supplies - Term Extension - Not to Exceed $14,277,623] Resolution authorizing the Office of Contract Administration to enter into a Sixth Modification to the contract between the City and County of San Francisco and MSC Industrial Supply Company Inc. for the purchase of industrial supplies for City departments, increasing the contract amount by $4,377,623 for a total contract amount not to exceed $14,277,623 and extending the term by one year and two months for a total term of May 1, 2017, through June 30, 2023. (Office of Contract Administration) (Fiscal Impact) Resolution No. 523-21 ADOPTED by the following vote:

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

211004 [Contract Modification - Buckles-Smith Electric Co. - Purchase of Electrical Supplies and Fixtures - Not to Exceed $13,946,868] Resolution authorizing the Office of Contract Administration to enter into a Fifth Amendment (Modification No. 5) to the contract between the City and County of San Francisco and Buckles-Smith Electric Co. for the purchase of electrical supplies and fixtures for City departments, increasing the contract amount by $4,046,868 for a total not to exceed amount of $13,946,868 and extending the term by one year from June 30, 2022, for a total contract duration of six years of July 5, 2017, through June 30, 2023. (Office of Contract Administration) (Fiscal Impact) Resolution No. 524-21 ADOPTED by the following vote:

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

211050 [Apply for Grant - United States Department of Housing and Urban Development - Continuum of Care Program - Not to Exceed $59,300,000] Sponsor: Mayor Resolution approving the 2021 grant application for the United States Department of Housing and Urban Development Continuum of Care Program in an amount not to exceed $59,300,000; and fulfilling the Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. (Department of Homelessness and Supportive Housing) Resolution No. 513-21 ADOPTED by the following vote:

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

210744 [Commemorative Street Name Designation - “Polytechnic Way” - 700 Block of Frederick Street] Sponsor: Preston Resolution adding the commemorative street name “Polytechnic Way” to the 700 block of Frederick Street in recognition of San Francisco’s first public high school and its contribution to the education of thousands of San Franciscans from 1894 to 1972. Resolution No. 521-21 ADOPTED by the following vote:

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

210605 [Administrative Code - Domestic Violence Data Reporting] Sponsors: Stefani; Melgar, Safai, Haney, Mar, Mandelman, Ronen and Walton Ordinance amending the Administrative Code to require the Police Department and the District Attorney to submit quarterly reports to the Board of Supervisors, the Mayor, and various City departments regarding the number of cases of domestic violence. Supervisors Mandelman, Ronen, and Walton requested to be added as co-sponsors. Supervisor Ronen requested this Ordinance be DUPLICATED. See duplicated File No. 211172. PASSED ON FIRST READING by the following vote:

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

211172 [Administrative Code - Domestic Violence Data Reporting] Sponsors: Stefani; Melgar, Safai, Haney, Mar, Mandelman, Ronen and Walton Ordinance amending the Administrative Code to require the Police Department and the District Attorney to submit quarterly reports to the Board of Supervisors, the Mayor, and various City departments regarding the number of cases of domestic violence. Duplicated from File No. 210605. Supervisor Ronen, seconded by Supervisor Chan, moved that this duplicated Ordinance be REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote:

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

210976 [Liquor License Transfer - 2539 Mission Street - Evergreen Market] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Ish's Community Market, Corp., doing business as Evergreen Market, located at 2539 Mission Street (District 9), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 522-21 ADOPTED by the following vote:

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

211008 [Liquor License Transfer - 524 Post Street - The Olympic Club] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to The Olympic Club, located at 524 Post Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4. (Public Safety and Neighborhood Services Committee) Resolution No. 525-21 ADOPTED by the following vote:

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

211029 [Administrative Code - Naming the City Hall Press Room for Barbara A. Taylor] Sponsors: Peskin; Walton, Ronen, Mandelman, Preston and Chan Ordinance amending the Administrative Code to name the City Hall Press Room in memory of legendary reporter Barbara Ann Taylor. Supervisors Preston and Chan 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 905 Printed at 2:54 pm on 12/10/21 Board of Supervisors Meeting Minutes 11/9/2021 Supervisor Peskin Excused from Voting Supervisor Melgar, seconded by Supervisor Preston, moved that Supervisor Peskin be excused from voting on File No. 210479. The motion carried by the following vote:

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

Excused: Peskin

210479 [Appointments, Immigrant Rights Commission - Zay David Latt, Mario Paz, Celine Kennelly, Nima Rahimi, Sarah Souza, and Lucia Obregon Matzer] Motion appointing Zay David Latt (residency requirement waived), Mario Paz (residency requirement waived), Celine Kennelly, Nima Rahimi, Sarah Souza, and Lucia Obregon Matzer, terms ending June 6, 2023, to the Immigrant Rights Commission. (Rules Committee) Motion No. M21-155 APPROVED by the following vote:

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

Excused: Peskin

210928 [Affirming the Categorical Exemption Determination - 35 Ventura Avenue] Motion affirming the determination by the Planning Department that the proposed project at 35 Ventura Avenue is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M21-154 Supervisor Melgar, seconded by Supervisor Safai, moved that this Motion be APPROVED. The motion carried by the following vote:

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

210929 [Conditionally Reversing the Exemption Determination - 35 Ventura Avenue] Motion conditionally reversing the determination by the Planning Department that the proposed project at 35 Ventura Avenue is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Melgar, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

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

210930 [Preparation of Findings to Reverse the Exemption Determination - 35 Ventura Avenue] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 35 Ventura Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Melgar, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

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

211031 [Administrative Code - Request for Sheriff’s Services] Sponsors: Safai; Peskin, Mar and Mandelman Ordinance amending the Administrative Code to authorize the Sheriff to contract with private individuals and private entities to provide supplemental law enforcement services. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of November 16, 2021. The motion carried by the following vote:

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

211145 [Final Map No. 10341 - 3310 Mission Street] Motion approving Final Map No. 10341, an eight residential unit and two commercial unit, mixed-use condominium project, located at 3310 Mission Street, being a subdivision of Assessor’s Parcel Block No. 6635, Lot No. 054; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M21-156 APPROVED by the following vote:

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

Absent: Haney

ions of relocated intertribal American Indian nations in California; and’ to ‘where they would be forced to assimilate. American Indian cultural centers became the cultural foundation for American Indians in Urban communities resulting in California being one of the highest populations of relocated intertribal Nations. Today 90 percent of American Indian populations live in urban cities like San Francisco; and’; Line 20, by changing ‘movements’ to ‘actions’ and changing ‘including’ to ‘notably’; on Page 2, Line 23, through Page 3, Line 2, by changing ‘broken treaties, and was the catalyst for President Nixon’s return of the sacred Blue Lake, 48,000 acres back to the Taos Pueblo Tribe of New Mexico; and’ to ‘broken and unratified treaties, exposing the genocide of California Indian Nations and the extraction of their environmental resource funded by the federal government and state of California; and’; on Page 3, Lines 19-20, by changing ‘Native peoples of Native Americans to the culture of the United States’ to ‘of American Indians’, Line 22, by changing ‘Native Americans’ to ‘American Indians’; and on Page 4, by adding ‘cultural humility’. The motion carried by the following vote:

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

Absent: Haney

Resolution recognizing November 1, 2021, through November 30, 2021, as National Native American Heritage Month for their contributions to our nation and as first peoples of San Francisco, celebrating the heritages and cultures of Native Americans and the contributions of Native Americans to the United States, and encouraging all people to participate in activities and events to learn about and understand the contribution of indigenous people to this land. Resolution No. 526-21 ADOPTED AS AMENDED by the following vote:

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

Absent: Haney