Imperium

The Board of Supervisors acknowledged the ongoing allowance for remote participation in meetings due to the COVID-19 pandemic, emphasizing that while in-person proceedings had resumed partially, committee meetings would remain remote until further notice. The minutes highlighted the availability of live streaming and on-demand viewing of meetings on the SFGovTV website, and encouraged public participation via teleconference, with instructions available online. The public could also submit comments via email or U.S. Postal Service.

Angela Calvillo, Clerk of the Board, informed the Board that she had received correspondence from Brian O’Neill of Zacks, Freedman & Patterson, PC, representing the Appellants, Tom and Kari Rocca, withdrawing their appeal of the project at 35 Ventura Avenue (File Nos. 210927-210930). Clerk Calvillo also gave instruction to the members of the public as to how to provide live or written public comment.

Supervisor Preston, seconded by Supervisor Mandelman, moved to approve the October 5, 2021, Regular Board Meeting Minutes, as presented. The motion carried by the following vote, following general public comment: Ayes: 11 - Chan, Haney, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Mayor London N. Breed addressed the Board of Supervisors regarding the upcoming 2022 Elections and the additional funding that will be needed to cover the unexpected costs. Mayor Breed then discussed a question submitted by Supervisor Preston (District 5) regarding homelessness. Supervisor Preston began the discussions by asking why the commitment to open transitional age youth (TAY) homeless services at 730 Stanyan Street by October 31, 2021 was reversed. Mayor Breed responded that the resources provided during the budget cycle were not sufficient to cover these services. Supervisor Preston asked if homeless TAY drop-in services would be opened before the end of the year. Mayor Breed reiterated that revenues were not sufficient to do so and that accountability were of deep concern to her.

The ordinance amends 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.

The ordinance amends 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.

The ordinance authorizes the partial settlement of the lawsuit filed on behalf of the City and County of San Francisco and the People of the State of California against three large distributors of prescription opioids (AmerisourceBergen Corporation, Cardinal Health, Inc., and McKesson Corporation) for abatement funds in the range of $27 million to $50 million to be paid over 18 years. The lawsuit alleges that these companies created a public nuisance and violated the Unfair Competition Law and the False Advertising Laws by distributing large volumes of opioids in and around San Francisco, despite knowing about the growing epidemic.

The ordinance authorizes the partial settlement of the lawsuit filed on behalf of the City and County of San Francisco and the People of the State of California against Johnson & Johnson and its subsidiary, Janssen Pharmaceuticals, Inc., for abatement funds in the range of $6 million to $11 million to be paid over 9 years. The lawsuit alleges that Johnson & Johnson's subsidiary created a public nuisance and violated the Unfair Competition Law and the False Advertising Laws through deceptive marketing of opioids.

The ordinance retroactively authorizes 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 amends 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.

The resolution retroactively approves 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)

The 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)

The 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.

The resolution approves 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.

The resolution adds 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.

The ordinance amends 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.

The duplicated 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 was referred to the Public Safety and Neighborhood Services Committee.

The resolution determines 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)

The resolution determines 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.

The ordinance amends the Administrative Code to name the City Hall Press Room in memory of legendary reporter Barbara Ann Taylor.

The board approved the 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.

Supervisor Mandelman introduced, welcomed, and presented a Certificate of Honor to Captain Nicole Jones and Captain Rachel Moran (Police Department) in recognition of their dedication to public service and many accomplishments supporting District 8. President Walton and Supervisors Ronen, Melgar, and Safai shared in this commendation. Deputy Chief David Lazar (Police Department) provided additional remarks recognizing both Captains and their accomplishments. Supervisor Ronen introduced, welcomed, and presented a Certificate of Honor to April McGill, Executive Director (American Indian Cultural Center), and Sharaya Souza, Executive Director (American Indian Cultural District), on the occasion of National Native American Heritage Month and in recognition of their accomplishments as ambassadors and tireless advocates for Native American Indian communities.

President Walton opened the public hearing and informed the Board that a settlement had been reached between the parties and the Appellant has withdrawn the appeal. Supervisor Melgar provided brief remarks regarding the project, the appeal, and the subsequent withdrawal of the appeal. The President then inquired as to whether any individual wished to address the Board.

The motion affirming the determination by the Planning Department that the proposed project at 35 Ventura Avenue is categorically exempt from further environmental review was approved.

The motion conditionally reversing the determination by the Planning Department that the proposed project at 35 Ventura Avenue is categorically exempt from further environmental review was tabled.

The 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 was tabled.

The ordinance amending the Administrative Code to authorize the Sheriff to contract with private individuals and private entities to provide supplemental law enforcement services was continued on first reading to the Board of Supervisors meeting of November 16, 2021.

Members of the public expressed their concerns regarding a public works urban forestry project at St. Mary’s Park and the College Avenue median. Others voiced concerns about the concentration of homeless in District 6. Support was expressed for the legislation apologizing to the Chinese American Community and prohibiting factory farms.

The motion approves 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.

The board adopted an amended 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. The changes celebrate 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. Supervisors Mandelman, Preston, Walton, Peskin, Safai, Melgar, Mar, and Stefani requested to be added as co-sponsors.

The ordinance appropriates $6,875,478 from the General Reserve and $5,098,123 from other revenue, for a total amount of $11,973,601 to the Department of Elections to support additional costs from unforeseen elections in Fiscal Year (FY) 2021-2022, including upcoming elections for the San Francisco School Board of Education and State Assembly District 17.

The ordinance appropriates $2,479,218 of General Fund General Reserves to the Fire Department for increased staffing to address paramedic staffing shortages in Fiscal Year (FY) 2021-2022.

The ordinance amends Ordinance No. 109-21 (Salary Ordinance Fiscal Years 2021-2022 and 2022-2023) to reflect the addition of 50 new positions (13.68 FTEs) in Fiscal Year (FY) 2021-2022 in the Fire Department to address paramedic staffing shortages.

The ordinance amends the Health Code to require general acute care hospitals in the City to report annually to the Department of Public Health the number of, and certain demographic information regarding, patients transferred to a health facility outside of the City to receive subacute skilled nursing care and patients who qualify for subacute skilled nursing care but are not transferred to a health facility outside of the City.

The resolution authorizing the Recreation and Park Department to accept and expend grant funding from the State Coastal Conservancy Priority Conservation Area Grant Program in the amount of $500,000 to support the Twin Peaks Improvement Project.

The resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $3,000,000 from the Substance Abuse and Mental Health Services Administration for participation in "The Care Coordination and Transitions Management Project," for the period of September 30, 2021, through September 29, 2023.

The resolution urges the Planning Department to institutionalize a sensitive communities map in the City's 2022 Housing Element Update of the General Plan; to preserve at-risk housing and provide long-term stability to existing communities; and to apply policies that specifically incentivize affordable housing production within sensitive communities and all across San Francisco.

The resolution urges the United States Department of Veterans Affairs and the San Francisco Fort Miley Department of Veteran Affairs to acknowledge the disparities of physical and psychological health and medical care among transgender, black transgender, and repatriated veterans; and to develop transformative strategies for increasing access to these necessary veteran affairs benefits.

The resolution states that the City and County of San Francisco supports a moratorium on the construction and expansion of animal feeding operations, factory farms, and slaughterhouses in California; and encouraging the United States legislature to support the Farm Systems Reform Act.

The resolution receiving and approving annual reports for the Lower Polk Community Benefit District for Fiscal Years (FYs) 2018-2019 and 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.

The resolution approves an agreement between Harvey M. Rose Associates, LLC and the Board of Supervisors for the Budget and Legislative Analyst Services for a total amount not to exceed $10,500,000 for an initial term of four years from January 1, 2022, through December 31, 2025.

The motion concurring in actions taken by the Mayor in the Fortieth Supplement to the Proclamation of Emergency to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic by delegating to the Human Resources Director and the Director of Transportation the authority until December 31, 2021, to waive or modify provisions of Memoranda of Understanding with labor organizations representing sworn employees of the Fire Department and Transit Operators related to compensation, including overtime and premium pay, and to waive Charter or Administrative Code provisions limiting the cash out of accrued vacation balances where necessary or appropriate to ensure staffing to carry out essential government services and respond to the pandemic.

The motion reappointing Kim-Shree Maufas, term ending October 19, 2023, to the Eastern Neighborhoods Community Advisory Committee.

The ordinance authorizes settlement of the lawsuit filed by Judy O’Neil against the City and County of San Francisco for $2,500,000.

The ordinance authorizes settlement of the lawsuit filed by Steven D. Lee against the City and County of San Francisco for $600,000.

The ordinance authorizing settlement of the lawsuit filed by Andrea Gansheimer against the City and County of San Francisco for $315,000.

The resolution approves Modification No. 3 to Ground Lease No. 00-0464 between the City and County of San Francisco, acting by and through its Airport Commission, and United Airlines, Inc. to extend the term by three years, provide for rent adjustments during the extension term, and update certain legal provisions required by applicable local, state, and federal laws.

The resolution authorizes the Department of the Environment to enter into agreements with other municipalities and entities under which the City will grant a royalty free, irrevocable, and perpetual license to use the City’s Zero Waste Signmaker Tool.

The resolution authorizing the Office of the Treasurer and Tax Collector to accept and expend a grant in the amount of $130,000 from Larkin Street Youth Services for the purpose of providing one-on-one financial coaching to Transitional Age Youth through the Rising Up campaign from January 1, 2022, through December 31, 2022.

The resolution approving Modification No. 1 to Ground Lease No. 96-0268 between the City and County of San Francisco, acting by and through its Airport Commission, and United Airlines, Inc. to extend the term by three years, provide for rent adjustments during the extension term, and update certain legal provisions required by applicable local, state, and federal laws, as defined herein, to take effect only after approval by the Board of Supervisors.