Board of Supervisors Minutes: April 12, 2023

221245 [Administrative Code - Reentry Council; Pretrial Services Seat] Sponsor: Ronen Ordinance amending the Administrative Code to add a seat to the Reentry Council, to be appointed by the Board of Supervisors, designated for a representative of the entity responsible for the administration of pretrial services involving alternatives to incarceration. Ordinance No. 054-23 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230194 [Settlement of Unlitigated Claims against Walmart Inc. - City to Receive Approximately $2,600,000 to $6,800,000 Over 6 Years] Resolution authorizing settlement of unlitigated claims on behalf of the City and County of San Francisco and the People of the State of California against Walmart Inc. for abatement funds in the range of $2,600,000 to $6,800,000 to be paid over 6 years; the claims relate to Walmart Inc.’s allegedly improper and unlawful dispensing of prescription opioids at its pharmacies, which contributed to the epidemic of opioid abuse and misuse and caused a public nuisance. (City Attorney) Resolution No. 146-23 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230195 [Settlement of Unlitigated Claims against CVS Health Corporation and CVS Pharmacy, Inc. - City to Receive Approximately $4,500,000 to $12,000,000 Over 10 Years] Resolution authorizing settlement of unlitigated claims on behalf of the City and County of San Francisco and the People of the State of California against CVS Health Corporation and CVS Pharmacy, Inc. for abatement funds in the range of $4,500,000 to $12,000,000 to be paid over 10 years; the claims relate to CVS’s allegedly improper and unlawful dispensing of prescription opioids at its pharmacies, which contributed to the epidemic of opioid abuse and misuse and caused a public nuisance. (City Attorney) Resolution No. 147-23 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

City and County of San Francisco Page 310 Printed at 2:40 pm on 3/29/24 Board of Supervisors Meeting Minutes 4/12/2023 Recommendation of the Land Use and Transportation Committee Supervisor Safai Excused from Voting Out of an abundance of caution, Supervisor Safai requested to be excused from voting on File No. 210585 due to a possible conflict of interest. Supervisor Mandelman, seconded by Supervisor Walton, moved that Supervisor Safai be excused from voting on File No. 210585. The motion carried by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Walton

Excused: Melgar, Ronen, Safai, Stefani

210585 [Planning Code - State-Mandated Accessory Dwelling Unit Controls] Sponsor: Mayor Ordinance amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs) meeting certain requirements in single-family and multifamily buildings and to permit certain ADUs in the rear yard under the City’s local, discretionary approval program; making findings under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. Ordinance No. 053-23 FINALLY PASSED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Walton

Excused: Melgar, Ronen, Safai, Stefani

230055 [Public Employment - Amendment to the Salary Ordinance for the Office of the Public Defender - Immigration Legal Defense Support - FY2022-2023] Sponsors: Mayor; Melgar, Safai, Mandelman and Preston Ordinance amending Ordinance No. 162-22 (Salary Ordinance Fiscal Years 2022-2023 and 2023-2024) to reflect the addition of two positions (0.34 FTEs) in the Office of the Public Defender to support Immigration Legal Defense in Fiscal Year (FY) 2022-2023. (Fiscal Impact) Supervisor Preston requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230209 [Appropriation - $1,051,298 State Settlement Award to the Office of Public Defender - FY2022-2023] Sponsors: Mayor; Safai, Mandelman and Preston Ordinance appropriating $1,051,298 of state settlement funds to support immigration legal defense in the Office of the Public Defender (PDR) in Fiscal Year (FY) 2022-2023. (Fiscal Impact) Supervisor Preston requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230210 [Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - California Department of Public Health - Future of Public Health Funding - $3,639,888] Sponsor: Mayor Ordinance retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $3,639,888 from the California Department of Public Health for participation in a program, entitled “Future of Public Health Funding,” for the period of July 1, 2022, through June 30, 2023; and amending Ordinance No. 162-22 (Annual Salary Ordinance File No. 220670 for Fiscal Years 2022-2023 and 2023-2024) to provide for the addition of 17 grant-funded full-time positions in Class 0923 Manager II (0.5 FTE), Class 0931 Manager III (0.25 FTE), Class 0941 Manager VI (0.25 FTE), Class 1823 Senior Administrative Analyst (0.25 FTE), Class 1824 Principal Administrative Analyst (0.25 FTE), Class 2586 Health Worker II (0.75 FTE), Class 2802 Epidemiologist I (0.5 FTE), Class 2803 Epidemiologist II (0.5 FTE), and 2830 Public Health Nurse (1.0 FTE). (Public Health Department) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230211 [Appropriation - California Public Utilities Commission Revenue - San Francisco Public Utilities Commission - Community Food Service Energy Efficiency Program - $4,579,056 - FY2022-2023] Sponsors: Mayor; Safai and Mandelman Ordinance appropriating $4,579,056 of California Public Utilities Commission revenue in the San Francisco Public Utilities Commission for CleanPowerSF Capital Improvements to implement the Community Food Service Energy Efficiency Program; and placing $3,052,704 on Controller’s Reserve, in Fiscal Year (FY) 2022-2023. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230217 [Grant Agreement - Planned Parenthood Northern California - Security Services - Not to Exceed $400,000 - Waiver of Competitive Solicitation Requirement] Sponsors: Stefani; Mandelman and Ronen Ordinance authorizing the Department of Public Health (“Department”) to award a one-time grant to Planned Parenthood Northern California (“Planned Parenthood NC”) by waiving the competitive solicitation requirements of Administrative Code, Chapter 21G, for the purpose of funding security personnel to support access to family planning and other sexual and reproductive healthcare services in an amount not to exceed $400,000, for a term not to exceed two years; and requiring the Department to provide an annual report to the Board of Supervisors on the security personnel selected by Planned Parenthood NC and security incidents experienced by Planned Parenthood NC. (Public Health Department) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230234 [Joint Exercise of Powers Agreement - County Assessors Technology Improvements Funding - Up to $30,000,000] Sponsor: Peskin Resolution authorizing the Assessor to enter into a Joint Exercise of Powers Agreement with other California counties to become a member of the California County Assessors’ Information Technology Authority to receive, manage, and expend up to $30,000,000 of State funds for technology improvements for County Assessor Offices. Resolution No. 171-23 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

ousing revenue note in one or more series in an aggregate principal amount not to exceed $63,000,000 for the purpose of providing financing for the acquisition and construction of a 112-unit multifamily rental housing project located at 151 and 351 Friedell Street; approving the form of and authorizing the execution of a funding loan agreement; providing the terms and conditions of the loan from the funding lender to the City, and the execution and delivery of the note; approving the form of and authorizing the execution of a project loan agreement; providing the terms and conditions of the loan from the City to the Borrower; approving the form of and authorizing the execution of two regulatory agreements and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes, and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 172-23 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230124 [Administrative and Public Works Codes - Shared Spaces Program] Sponsors: Peskin; Dorsey, Engardio and Mandelman Ordinance amending the Administrative Code to extend the grace period for an additional 120 days for permit applicants to operate under pandemic shared spaces permits, including any Just-Add-Music approvals related to these spaces, convert the shared space use into a post-pandemic permit, and modify the consent procedures for fronting tenants and property owners; amending the Public Works Code to address abandonment of structures as part of shared spaces enforcement; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

quirement that certain drugs (“covered drugs”) be disposed of at either a permitted hazardous waste disposal facility or permitted large municipal waste combustor, as those terms are defined by Environmental Protection Agency regulations, or at a facility that provides equivalent or superior environment and human health protection to such facilities, and to instead require that covered drugs be disposed of at a waste disposal facility operating in compliance with all local, state, and federal requirements applicable to that waste disposal facility; to require regular reporting of the compliance status of disposal facilities used; to change drug wholesalers’ obligation to update the City’s list of covered drug producers from an annual update to an update on request of the Environment Department’s Director; to remove the requirement that operators of a drug stewardship plan receive prior approval of a change in manufacturers, and instead add a requirement that such operators receive prior approval of a change in disposal facilities used; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230230 [Commemorative Street Name Designation - “Emperor Norton Place” - 600 Block of Commercial Street] Sponsors: Peskin; Mandelman and Chan Resolution adding the Commemorative Street Name “Emperor Norton Place” to the 600 block of Commercial Street in recognition of his contribution to San Francisco as a celebrated figure in American history. Supervisors Mandelman and Chan requested to be added as co-sponsors. Resolution No. 170-23 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230186 [Mayoral Appointment, Treasure Island Development Authority Board of Directors - Timothy Reyff] Motion approving the Mayor’s nomination for the appointment of Timothy Reyff to the Treasure Island Development Authority Board of Directors, term ending February 26, 2026. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are not City officers are only effective upon approval by a majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal Date: February 15, 2023.) Motion No. M23-051 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230254 [Mayoral Reappointment, Municipal Transportation Agency Board of Directors - Steve Heminger] Motion approving the Mayor’s nomination for the reappointment of Steve Heminger to the Municipal Transportation Agency Board of Directors, term ending March 1, 2027. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: March 7, 2023.) Motion No. M23-052 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230255 [Mayoral Reappointment, Municipal Transportation Agency Board of Directors - Amanda Eaken] Motion approving the Mayor’s nomination for the reappointment of Amanda Eaken to the Municipal Transportation Agency Board of Directors, term ending March 1, 2027. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: March 7, 2023.) Motion No. M23-053 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230306 [Amending the Rules of Order - Providing for Remote Public Comment Opportunities] Motion amending the Board of Supervisors’ Rules of Order by creating a new Rule 1.3.3, In-Person and Remote Public Comment, and amending Rule 4.22, Public Comment, to provide for remote comment opportunities by all members of the public who wish to comment remotely. (Clerk of the Board) (Pursuant to Board Rule 3.26.1, an amendment to the Board of Supervisors’ Rules of Order shall be adopted by the affirmative vote of two-thirds (8 votes) of the full membership of the Board of Supervisors.) NOT APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Peskin, Preston, Safai

Noes: Mandelman

Excused: Melgar, Ronen, Stefani

Supervisor Peskin, seconded by Supervisor Mandelman, moved to rescind the previous vote. The motion carried by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai

Excused: Melgar, Ronen, Stefani

Motion No. M23-054 APPROVED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230365 [Committee of the Whole - Report of Assessment Costs - Building Code Enforcement Violations - May 23, 2023, at 3:00 p.m.] Motion scheduling the Board of Supervisors to convene as a Committee of the Whole on May 23, 2023, at 3:00 p.m., to hold a public hearing on a Resolution confirming a report of delinquent charges for code enforcement cases with delinquent assessment of costs, and fees pursuant to the provisions of Building Code, Sections 102A.3, 102A.4, 102A.6, 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, submitted by the Director of the Department of Building Inspection for services rendered by said Department of costs thereof having accrued pursuant to code violations referenced above. (Clerk of the Board) Motion No. M23-057 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230384 [Resolution of Intent to Designate the Wild Parrots of San Francisco as the Official Animal of San Francisco] Sponsors: Melgar; Peskin, Safai, Mandelman and Dorsey Resolution recognizing the Wild Parrots of San Francisco as the official animal of the City and County of San Francisco. Supervisors Mandelman and Dorsey requested to be added as co-sponsors. Supervisor Chan, seconded by Supervisor Dorsey, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 1, by changing ‘Recognizing’ to ‘Resolution of Intent to Designate’, Line 4, by changing ‘recognizing’ to ‘of intent to amend the Administrative Code to designate’; and on Page 3, Line 1, by changing ‘every’ to ‘many’, and ‘city in’ to ‘cities all over’, and Line 14, by changing ‘recognizes’ to ‘declares its intention to amend the Administrative Code to designate’. The motion carried by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

Resolution of intent to amend the Administrative Code to designate the Wild Parrots of San Francisco as the official animal of the City and County of San Francisco. Resolution No. 174-23 ADOPTED AS AMENDED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

230385 [City Policy Restricting Payment to Twitter for Blue Checkmark Verification] Sponsors: Peskin; Ronen, Melgar and Walton Resolution setting forth official City policy regarding restricting payment to Twitter for blue checkmark verification (Twitter Blue Service). Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Resolution No. 175-23 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

rdable Housing] Sponsors: Peskin; Melgar, Ronen, Chan, Preston, Safai, Walton, Mandelman and Dorsey Resolution expressing the City and County of San Francisco’s support for the Bay Area Housing Finance Agency’s (BAHFA) proposal to place a general obligation bond on the November 2024 ballot to finance the production, protection and preservation of affordable housing in San Francisco and throughout the Bay Area; and urging the Capital Planning Committee, in collaboration with the Mayor’s Office of Housing and Community Development, Planning Department, the Controller’s Office and affordable housing developers, to assess the viability of a combination of local and regional housing bond scenarios in conjunction with the City’s Capital Plan for the 2024 Presidential Primary and General Election cycles. Supervisors Preston, Safai, Walton, Mandelman, and Dorsey requested to be added as co-sponsors. Supervisor Mandelman, seconded by Supervisor Chan, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 15, by changing ‘43%’ to ‘56%’, and changing ‘54%’ to ‘60%’, and Line 16, by changing ‘52%’ to ‘58%’. The motion carried by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani

Resolution No. 177-23 ADOPTED AS AMENDED by the following vote:

Ayes: Chan, Dorsey, Engardio, Mandelman, Peskin, Preston, Safai, Walton

Excused: Melgar, Ronen, Stefani