The San Francisco Board of Supervisors meeting on April 11, 2023, addressed a range of issues from settling lawsuits related to opioid abuse and other claims, to allocating funds for public health and housing initiatives. Due to a severed fiber optic cable, the meeting was recessed and continued to the following day. Key actions included considering settlements with Walmart and CVS regarding opioid claims, increased funding for public health and homeless services, and discussion of housing policies, particularly concerning Accessory Dwelling Units (ADUs). Several new resolutions were introduced, including recognition of the Wild Parrots of San Francisco as the official city animal and supporting a regional housing bond.
President Peskin announced that an underground fiber optic cable was severed at Geary Boulevard and Hyde Street, preventing the meeting from being broadcast on local cable channels. As a result, all matters on the agenda were continued to a Recessed Meeting on Wednesday, April 12, 2023, at 9:30 a.m.
The Consent Agenda included several ordinances authorizing settlements of lawsuits against the City and County of San Francisco. These included: Andrea Cervantes ($400,000, employment dispute), Erica Zweig ($85,000, alleged trip and fall), William Bailey ($52,500, employment dispute), Precious Espinosa ($75,000, alleged personal injury on a sidewalk), Charlene Tuchman/Ellen Tuchman Rothmann (City to receive $250,000 for personal injuries sustained on a City sidewalk), Jose Chavarria ($3,000,000, alleged personal injury arising out of police vehicle collision), MJM Management Group (City to receive $400,000 for false claims for reimbursement at Yerba Buena Gardens). It also includes ordinances for Police Code amendment regarding displaced worker protections under service contracts and Wage Theft Bonds, among other things.
Supervisor Safai sponsored an ordinance, also sponsored by Supervisors Chan, Preston, Stefani, Walton, Ronen, Mandelman, Melgar, and Dorsey, amending the Police Code to require awarding authorities to provide information to facilitate the successor contractor’s retention of employees from terminated contracts for janitorial, security, or building maintenance services. The ordinance strengthens enforcement by permitting the City Attorney or an aggrieved employee to bring a civil action, and authorizes the Office of Labor Standards Enforcement (OLSE) to investigate violations and order relief, including backpay, penalties, and interest. Procedures are established for appealing OLSE determinations.
Supervisor Mandelman, also sponsored by Supervisor Chan, introduced an ordinance amending the Police and Building Codes to require owners of certain residential construction projects to maintain a labor compliance bond at the time of issuance of the first construction document. The bonding requirement applies to projects that submitted an application for a building permit or a complete preliminary permit application on or after June 6, 2022.
Supervisor Ronen presented an 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.
The Board considered resolutions authorizing settlements of unlitigated claims against Walmart Inc. and CVS Health Corporation and CVS Pharmacy, Inc. regarding the improper dispensing of prescription opioids, which contributed to the opioid abuse epidemic. The City is expected to receive between $2,600,000 to $6,800,000 over 6 years from Walmart and between $4,500,000 to $12,000,000 over 10 years from CVS.
The Board discussed an ordinance amending the Planning Code to clarify the ministerial approval process for certain Accessory Dwelling Units (ADUs) meeting specific requirements in single-family and multifamily buildings and to permit certain ADUs in the rear yard under the City’s local, discretionary approval program. Findings were made under the California Environmental Quality Act, and consistency with the General Plan and priority policies of the Planning Code was affirmed.
The Mayor, along with Supervisors Melgar, Safai, Mandelman, and Preston, sponsored an ordinance amending the Salary Ordinance 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.
The Mayor, also alongside with Supervisors Safai, Mandelman and Preston, sponsored an 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.
The Mayor presented an ordinance retroactively authorizing the Department of Public Health to accept and expend a grant of $3,639,888 from the California Department of Public Health for participation in the "Future of Public Health Funding" program for the period of July 1, 2022, through June 30, 2023. The ordinance also amends the Annual Salary Ordinance to provide for the addition of 17 grant-funded full-time positions in various management, analyst, health worker, epidemiologist, and public health nurse classifications.
The Mayor, also with Supervisors Safai and Mandelman, sponsored an 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, placing $3,052,704 on Controller’s Reserve in Fiscal Year (FY) 2022-2023.
Supervisor Stefani, along with Supervisors Mandelman and Ronen, sponsored an 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. The Department is required 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.
Supervisor Peskin presented a 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.
The Mayor, with Supervisors Walton, Safai and Mandelman, presented a resolution for purposes of the Internal Revenue Code of 1986, as amended, and authorizing the execution and delivery of a multifamily housing 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.
Supervisor Peskin, alongside Supervisors Dorsey, Engardio and Mandelman, presented an ordinance amending the Administrative Code to extend the grace period 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.
The Mayor, along with Supervisors Mandelman and Dorsey, presented an ordinance amending the Environment Code to eliminate the requirement 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.
Supervisor Peskin, and Supervisors Mandelman and Chan, presented a 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.
Approve 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)
Approve the Mayor’s nomination for the reappointment of Steve Heminger to the Municipal Transportation Agency Board of Directors, term ending March 1, 2027.
Approve the Mayor’s nomination for the reappointment of Amanda Eaken to the Municipal Transportation Agency Board of Directors, term ending March 1, 2027.
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.
Supervisor Chan, alongside Supervisors Peskin, Ronen, Preston and Mandelman, introduced a resolution urging Governor Gavin Newsom and the California State Legislature to retain the full state funding of the Public Defense Pilot Program for three years.
Supervisor Melgar, alongside Supervisors Peskin, Safai, Mandelman and Dorsey, introduced a resolution recognizing the Wild Parrots of San Francisco as the official animal of the City and County of San Francisco.
Peskin, alongside Supervisors Ronen, Melgar and Walton, introduced a resolution setting forth official City policy regarding restricting payment to Twitter for blue checkmark verification (Twitter Blue Service).
Supervisor Stefani introduced a resolution declaring the week of April 9 through April 15, 2023, to be Filicide Awareness Week in the City and County of San Francisco and supporting “Pierce’s Pledge.”
Peskin alongside Supervisors Melgar, Ronen, Chan, Preston, Safai, Walton, Mandelman and Dorsey, introduced a 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.
Supervisor Melgar, along with Supervisors Safai, Chan, Ronen, Walton, Peskin, Preston, Engardio and Mandelman, introduced a resolution celebrating early care educators and families of young children during “The Week of the Young Child,” April 2 through April 8, 2023, in the City and County of San Francisco.
Supervisor Ronen, alongside Dorsey, Preston and Peskin, introduced a motion that the Board of Supervisors convene in closed session on April 18, 2023, pursuant to California Government Code, Section 54956.9, and San Francisco Administrative Code, Section 67.10(d)(2), for the purpose of conferring with, or receiving advice from, the City Attorney regarding anticipated litigation in which the City may be a plaintiff or defendant, regarding existing and possible future claims and demands related to the City’s potential use of City funds, including opioid settlement funds, to support overdose prevention centers.
Motion appointing Joanne Scott, term ending February 1, 2025, to the Park, Recreation, and Open Space Advisory Committee. (Clerk of the Board)
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.
Ordinance exempting from requirements of the Administrative Code and the Environment Code two agreements between the San Francisco Public Utilities Commission and the California Department of Transportation for professional services for two sewer improvement projects, the Lower Alemany Area Stormwater Improvement Project and the Folsom Area Stormwater Improvement Project; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Utilities Commission)
Ordinance authorizing settlement of the lawsuit City and County of San Francisco, et al., v. San Francisco Care Center, L. P., et al., for $825,000; the lawsuit was filed on March 23, 2018, in San Francisco Superior Court, Case No. CGC 18-565184; the lawsuit involves alleged breaches of contract and Building Code violations. (City Attorney)
Ordinance authorizing settlement of the lawsuit filed by Ronnie Jones against the City and County of San Francisco for $149,000; the lawsuit was filed on February 17, 2021, in San Francisco Superior Court, Case No. CGC-21-589810; entitled Ronnie Jones v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney)
Resolution approving Amendment No. 3 to the agreement between Asian and Pacific Islander Wellness Center dba San Francisco Community Health Center and the Department of Public Health (DPH), to provide intensive case management and mobile delivered care and services to severe need and special populations living with HIV/AIDS who reside in San Francisco, to increase the agreement by $5,585,276 for an amount not to exceed $15,240,599; to extend the term by three years from February 29, 2024, for a total agreement term of May 1, 2017, through February 28, 2027; and to authorize DPH to enter into amendments or modifications to the contract prior to its final execution by all parties that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract or this Resolution. (Public Health Department)
Resolution approving Amendment No. 2 to the agreement between Westside Community Mental Health Center, Inc. and the Department of Public Health (DPH), for substance use disorder services; to increase the agreement by $6,526,688 for an amount not to exceed $15,580,935; to extend the term by three years from June 30, 2023, for a total agreement term of July 1, 2017, through June 30, 2026; and to authorize DPH to enter into amendments or modifications to the contract prior to its final execution by all parties that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract or this Resolution. (Public Health Department)
Resolution approving Amendment No. 2 to the agreement between Homeless Children’s Network and the Department of Public Health (DPH), for mental health services for homeless children and families; to increase the agreement by $7,473,592 for a total amount not to exceed $17,465,319; to extend the term by four years and six months, from June 30, 2023, for a total agreement term of July 1, 2018, through December 31, 2027; and to authorize DPH to enter into amendments or modifications to the contract prior to its final execution by all parties that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the contract or this Resolution. (Public Health Department)
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs through the Sidewalk Inspection and Repair Program, ordered to be performed by said Director pursuant to the provisions of Public Works Code, Section 706.9, and Administrative Code, Chapter 80, the costs thereof having been paid for out of a revolving fund.
Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program, ordered to be performed by said Director pursuant to the provisions of Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund.