Board of Supervisors Minutes: September 12, 2023

rnia, Case No. 3:18-cv-7591-CRB-JSC; entitled The City and County of San Francisco and the People of the State of California v. Purdue Pharma L.P., Richard S. Sackler, Jonathan D. Sackler, Mortimer D.A. Sackler, Kathe A. Sackler, Ilene 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 Walgreen Co.’s 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 in San Francisco. (City Attorney) Ordinance No. 190-23 FINALLY PASSED by the following vote:

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

Noes: None

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 the Teva defendants created a public nuisance and violated the Unfair Competition Law by falsely and misleadingly marketing opioids as safer than they actually are 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 report suspicious opioid orders as required by state and federal law. (City Attorney) Ordinance No. 191-23 FINALLY PASSED by the following vote:

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

Noes: None

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 the Allergan defendants created a public nuisance and violated the Unfair Competition Law by falsely and misleadingly marketing opioids as safer than they actually are 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 report suspicious opioid orders as required by state and federal law. (City Attorney) Ordinance No. 192-23 FINALLY PASSED by the following vote:

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

Noes: None

230702 [Administrative Code - Exempt Guaranteed Income From County Adult Assistance Program Determinations] Sponsors: Mayor; Safai, Mandelman and Ronen Ordinance amending the Administrative Code to exempt payments received by housed participants in Guaranteed Income pilot programs from the Human Service Agency’s determinations regarding the participants’ eligibility for the County Adult Assistance Programs and the amount of aid the participants may receive. Supervisor Ronen requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

ents owned by the City and located at 375 Laguna Honda Boulevard within the City and at 1 Moreland Drive, San Bruno, California, together with any other property determined by the City’s Director of Public Finance to be made subject to the lease and lease back arrangements; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the Certificates; approving the form of an Official Statement in preliminary and final form; approving the form of a purchase contract between the City and one or more initial purchasers of the Certificates; approving the form of a Continuing Disclosure Certificate, as defined herein; granting general authority to City officials to take necessary actions in connection with the authorization, sale, execution and delivery of the Certificates; approving modifications to documents, as defined herein; ratifying previous actions taken in connection therewith, as defined herein; and repealing and rescinding a portion of the authorization to issue Certificates of Participation of the City established through the adoption of Ordinance No. 226-19 of the City on October 11, 2019. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

0480 [Communications Lease - State of California - California Highway Patrol - 125 Christmas Tree Point - $9,000 Initial Base Rent] Resolution authorizing and approving the lease of approximately 400 square feet of the City-owned radio equipment room and one antenna at 125 Christmas Tree Point, aka Twin Peaks Blvd, with the State of California, General Services Agency, for the California Highway Patrol, for an initial annual base rent of $9,000 with annual adjustments of four percent for a term of 10 years, with two five-year options to renew to commence upon execution of the Lease, and after approval of this Resolution by the Board of Supervisors and Mayor, in their respective sole and absolute discretion; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; 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. (Real Estate Department) Resolution No. 419-23 ADOPTED by the following vote:

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

Noes: None

230573 [Property Lease - State of California Department of Transportation - Selby & Palou Mini Park - Annual Base Rent of $2,000] Sponsors: Mayor; Walton Resolution authorizing a lease with the State of California, acting by and through its Department of Transportation, for the Recreation and Park Department to operate a property commonly known as Assessor’s Parcel Block No. 5331, Lot No. 056, located under Highway 280 along Selby Street between Quesada Avenue and Palou Avenue, for an initial term of 10 years with three five-year options and base rent of $2,000 per year with four percent yearly adjustments; adopting environmental findings and other findings that the actions set forth in this Resolution are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing other actions in furtherance of this Resolution, as defined herein. Resolution No. 420-23 ADOPTED by the following vote:

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

Noes: None

230716 [Maintenance Agreement - California Department of Transportation - Installation and Maintenance of Transportation Art] Sponsor: Walton Resolution approving a maintenance agreement between the City and County of San Francisco and the California Department of Transportation (“Caltrans”) for the City’s maintenance of artwork on right-of-way within Caltrans jurisdiction located at the southeast corner of 17th Street and San Bruno Avenue, and southwest corner of 17th Street and Vermont Street for the Potrero Gateway Public Art Project; and the City’s indemnification of Caltrans for any claims occurring by reason of anything done or omitted to be done by City under the agreement, effective upon approval of this Resolution. (Fiscal Impact) Resolution No. 421-23 ADOPTED by the following vote:

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

Noes: None

230811 [Emergency Declaration - Repairs at Laguna Honda Hospital - 375 Laguna Honda Boulevard - Estimated Cost Not to Exceed $28,400,000] Sponsors: Mayor; Melgar Resolution approving the Director of Public Works’ declaration of emergency under Administrative Code, Section 6.60, for repair work at Laguna Honda Hospital and Rehabilitation Center, located at 375 Laguna Honda Boulevard, estimated to cost in excess of $250,000 but not to exceed $28,400,000. (Public Works) (Fiscal Impact) Resolution No. 422-23 ADOPTED by the following vote:

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

Noes: None

230814 [Accept and Expend Grant - Retroactive - Blue Shield California Foundation - Leveraging Collaboratives to End Domestic Violence Program - $150,000] Sponsors: Mayor; Mandelman, Ronen, Stefani and Safai Resolution retroactively authorizing the Department on the Status of Women to accept and expend a grant from the Blue Shield California Foundation in the amount of $150,000 for a one-year grant period from April 1, 2023, through March 31, 2024, for the Leveraging Collaboratives to End Domestic Violence Program. (Department on the Status of Women) Supervisors Ronen, Stefani, and Safai requested to be added as co-sponsors. Resolution No. 423-23 ADOPTED by the following vote:

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

Noes: None

230816 [Accept and Expend Grant - California Department of Water Resources - San Francisco Zoo Recycled Water Project - Not to Exceed $538,051] Sponsors: Mayor; Chan, Safai, Mandelman and Melgar Resolution authorizing the San Francisco Public Utilities Commission to accept and expend grant funds of up to $538,051 from the California Department of Water Resources for the pipeline construction of the San Francisco Zoo Recycled Water Project, pursuant to Administrative Code, Section 10.170-1(b), for the period of October 1, 2023, through December 31, 2024. (Public Utilities Commission) (Fiscal Impact) Supervisor Melgar requested to be added as a co-sponsor. Resolution No. 424-23 ADOPTED by the following vote:

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

Noes: None

mpetitive bidding policy set forth in Administrative Code, Section 2.6-1, the potential real estate transaction involving Port property at Seawall Lot 300/301 and Pier 45 with Fisherman’s Wharf Revitalized, LLC, for development of a mixed use property that includes an experiential museum, events center, public plaza, expanded limited vehicular access resilient waterfront promenade, a combination winery/brewery/distillery, and short term vacation rental project celebrating, highlighting, and supporting the fishing and seafood industry of Fisherman’s Wharf and increasing public access to and enjoyment of the Bay; urging the Port and Fisherman’s Wharf Revitalized, LLC to engage in outreach to affected and interested neighbors, community members and other stakeholders to ensure that the proposed project is designed with public input; and urging the Port Director, with the assistance of Port staff, the City Attorney’s Office and other City officials to take all actions needed to negotiate an exclusive negotiating agreement and a term sheet with Fisherman’s Wharf Revitalized, LLC on a sole source basis, consistent with this Resolution. Resolution No. 425-23 ADOPTED by the following vote:

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

Noes: None

it Fee of $1,400,000 Per Year for a Two-Day Event and $2,100,000 for a Three-Day Event] Sponsors: Mayor; Safai, Mandelman and Engardio Resolution authorizing the Recreation and Park Department to issue a permit for Another Planet Entertainment LLC to hold a ticketed concert at the Golden Gate Park Polo Fields on the Friday, Saturday, and Sunday following the Outside Lands Festival in 2024, 2025 and 2026, in exchange for a minimum permit fee $1,400,000 per year for a two-day event and $2,100,000 for a three-day event for a three-year term to commence in 2024, and a commitment to hold three free musical concerts per year, for each year in which concerts are held at the Polo Fields; affirming a categorical exemption under the California Environmental Quality Act; and to authorize the General Manager of the Recreation and Park Department to enter into amendments or modifications to the permit that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the permit or this Resolution. (Recreation and Park Department) Supervisor Engardio requested to be added as a co-sponsor. Resolution No. 426-23 ADOPTED by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: Chan

230887 [Affirming the Categorical Exemption Determination - 939 Lombard Street] Motion affirming the determination by the Planning Department that the proposed project at 939 Lombard Street is categorically exempt from environmental review. (Clerk of the Board) Motion No. M23-122 Supervisor Mandelman, seconded by Supervisor Preston, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

230888 [Conditionally Reversing the Exemption Determination - 939 Lombard Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 949 Lombard Street is 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 Mandelman, seconded by Supervisor Preston, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

230889 [Preparation of Findings to Reverse the Exemption Determination - 939 Lombard Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 939 Lombard Street is exempt from further environmental review. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Preston, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

230869 [Grant Agreement Amendment - Homeless Prenatal Program - Homelessness Prevention Assistance - Not to Exceed $23,461,035] Sponsors: Mayor; Walton, Mandelman, Melgar, Ronen, Engardio, Stefani and Safai Resolution approving the third amendment to the grant agreement between the Homeless Prenatal Program and the Department of Homelessness and Supportive Housing (“HSH”) for homelessness prevention assistance; extending the grant term by 45 months for a total term of July 1, 2018, through June 30, 2027; increasing the agreement amount by $13,561,035 for a total amount not to exceed $23,461,035; and authorizing HSH to enter into any additions, amendments, or other modifications to the agreement that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City. (Fiscal Impact) Supervisors Ronen, Engardio, Stefani, and Safai requested to be added as co-sponsors. Resolution No. 415-23 ADOPTED by the following vote:

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

Noes: None

230870 [Grant Agreement Amendment - Brilliant Corners - Young Adult Rapid Re-Housing - Not to Exceed $27,309,402] Sponsors: Mayor; Mandelman, Melgar and Ronen Resolution approving the first amendment to the grant agreement between Brilliant Corners and the Department of Homelessness and Supportive Housing (“HSH”) for housing location and rental assistance for young adults in rapid re-housing; extending the grant term by 24 months from June 30, 2024, for a total term of July 1, 2021, through June 30, 2026; increasing the agreement amount by $17,409,402 for a total amount not to exceed $27,309,402; and authorizing HSH to enter into any additions, amendments, or other modifications to the agreement/contract that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 416-23 ADOPTED by the following vote:

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

Noes: None

230871 [Grant Agreement Amendment - Tenderloin Housing Clinic, Inc. - Master Lease Hotels - Not to Exceed $241,657,513] Sponsors: Mayor; Mandelman Resolution approving the second amendment to the grant agreement between the Tenderloin Housing Clinic, Inc. and the Department of Homelessness and Supportive Housing (“HSH”) for master lease stewardship, property management, and support services at 16 permanent supportive housing sites; extending the grant term by 24 months for a total term of July 1, 2020, through June 30, 2026; increasing the agreement amount by $108,753,662 for a total amount not to exceed $241,657,513; and authorizing HSH to enter into any additions, amendments, or other modifications to the agreement that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Resolution No. 417-23 ADOPTED by the following vote:

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

Noes: None

230872 [Grant Agreement Amendment - Five Keys Schools and Programs - Bayshore Navigation Center - Not to Exceed $25,071,113] Sponsors: Mayor; Walton, Mandelman and Ronen Resolution approving the second amendment to the grant agreement between Five Keys Schools and Programs and the Department of Homelessness and Supportive Housing (“HSH”) for shelter and support services at the Bayshore Navigation Center; extending the grant term by 33 months for a total term of January 1, 2021, through June 30, 2026; increasing the agreement amount by $15,155,893 for a total amount not to exceed $25,071,113; and authorizing HSH to enter into any additions, amendments, or other modifications to the agreement that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City. (Fiscal Impact) Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 418-23 ADOPTED by the following vote:

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

Noes: None

230953 [Childhood Cancer Awareness Month - September 2023] Sponsors: Safai; Walton, Stefani, Mandelman, Engardio, Ronen, Preston and Chan Resolution recognizing the month of September 2023 as Childhood Cancer Awareness Month in the City and County of San Francisco. Resolution No. 430-23 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

ED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 20, by striking ‘and not seen as a law enforcement problem to serve’; on Page 3, Lines 6-9, striking ‘FURTHER RESOLVED, That the Board of Supervisors urges the Mayor’s Office to open new Wellness Centers funded in the recently approved budget to provide life-saving support to drug users as soon as possible, especially as there has been no increase in service since the Mayor and District Attorney begin the efforts to arrest drug users.’ and adding ‘FURTHER RESOLVED, That the Board of Supervisors recognizes that every individual has unique needs and circumstances that require a wide range of interventions to prevent death by overdose and therefore urges a rapid implementation of the full spectrum of interventions to address the Overdose Crisis as funded in this year’s budget, including opening wellness centers that will aim to include overdose prevention centers, abstinence-based treatment services, sober living facilities, dual diagnosis services, detox facilities, and other life-saving services that will support people through the varying stages of their journey to recovery.’ The motion carried by the following vote:

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

Noes: None

Resolution No. 431-23 ADOPTED AS AMENDED by the following vote:

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

Noes: None

230949 [Emergency Declaration - Portsmouth Square Elevators Modernization - Cost of Repairs Not to Exceed $2,200,000] Sponsors: Peskin; Chan, Mandelman and Safai Resolution approving the Recreation and Park Department General Manager’s declaration of emergency under Administrative Code, Section 6.60, for the repair and replacement of the elevators at Portsmouth Square Parking Garage, with an estimated not to exceed amount of $2,200,000. (Recreation and Park Department) (Fiscal Impact) Supervisors Chan and Mandelman requested to be added as co-sponsors. Although it was not required, Supervisor Safai, seconded by Supervisor Chan, moved that this Resolution be REFERRED to the Budget and Finance Committee. The motion carried by the following vote:

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

Noes: None

230950 [Urging HSH to Fill Vacant Permanent Supportive Housing Units] Sponsors: Preston; Peskin, Walton, Chan, Safai, Stefani, Melgar and Ronen Resolution urging the Department of Homelessness and Supportive Housing (HSH) to fill at least half of the vacant Permanent Supportive Housing units within 90 days and to maintain a vacancy rate no greater than 5% thereafter. Supervisors Safai, Stefani, Melgar, and Ronen requested to be added as co-sponsors. Resolution No. 432-23 ADOPTED by the following vote:

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

Noes: None