San Francisco Board of Supervisors Regular Meeting – September 12, 2023

On Tuesday, September 12, 2023, the San Francisco Board of Supervisors convened its regular meeting at 2:00 PM. The meeting included the mayor’s formal policy discussion on open‑air drug market enforcement, approval of major opioid settlement agreements, a contested environmental appeal for a single‑family home at 939 Lombard Street, and several resolutions addressing overdose awareness, homelessness, and city contracts. The board voted on dozens of items, with most passing unanimously except where noted.

Consent Calendar

• Approval of Minutes: Unanimously approved the July 18 and July 25, 2023 board minutes after public comment.
• Settlements – Opioid Lawsuits (Items 2‑4): Finally passed ordinances authorizing settlements totaling approximately $267.3 million from Walgreen Co. ($229,610,002 over 15 years), Teva Pharmaceuticals ($24,797,604 over 13 years), and Allergan ($12,916,274 over 5 years) for improper opioid dispensing and misleading marketing.
• Guaranteed Income Exemption (Item 5): Passed on first reading an ordinance to exempt payments from guaranteed income pilot programs from County Adult Assistance Program determinations.
• Certificates of Participation – Capital Projects (Item 6): Authorized up to $77,170,000 in tax‑exempt or taxable certificates to finance capital improvement projects.
• Leases and Agreements (Items 7‑9): Approved a lease with the California Highway Patrol for radio equipment space at 125 Christmas Tree Point ($9,000 initial rent, 10‑year term), a recreation lease for Selby & Palou Mini Park ($2,000 annual rent, three 5‑year options), and a maintenance agreement with Caltrans for transportation art.
• Laguna Honda Emergency Declaration (Item 10): Approved a resolution for repairs not to exceed $28,400,000, after Supervisor Melgar thanked the committee and interim Director Carla Short.
• Grants and Sole‑Source Negotiation (Items 11‑13): Retroactively accepted a $150,000 grant from Blue Shield California Foundation for domestic violence programs; authorized the SFPUC to accept up to $538,051 from the California Department of Water Resources for the Zoo Recycled Water Project; and exempted from competitive bidding a potential lease with Fisherman’s Wharf Revitalized, LLC for Seawall Lot 300/301 and Pier 45.
• Committee Reports – Homelessness Grants (Items 19‑22): Adopted four resolution amendments increasing grant amounts: Homeless Prenatal Program ($23,461,035), Brilliant Corners – Young Adult Rapid Re‑Housing ($27,309,402), Tenderloin Housing Clinic – Master Lease Hotels ($241,657,513), and Five Keys Schools and Programs – Bayshore Navigation Center ($25,071,113). All passed unanimously.
• Adoption Without Committee Reference – Miscellaneous (Items 26‑29, 32): Unanimously approved resolutions including retroactive 90‑day extensions for Planning Commission reviews, urging plan approval for the How Weird Street Faire, declaring September 2023 as Transit Month, and a resolution recognizing September 2023 as Childhood Cancer Awareness Month.

Public Comments & Testimony

• 939 Lombard Street CEQA Appeal: Approximately nine speakers (parents and community members) opposed the project, citing risks of landslides, shadows on the schoolyard at Yick Wo Elementary, noise, dust, and hazards to 200+ students, especially special‑needs children. One caller spoke in support, arguing construction could be an educational opportunity.
• General Public Comment (after 3:00 PM): Several speakers addressed overdose awareness, transphobia concerns about an upcoming convention, criticism of city policies (public drug use, algebra tracking in schools), and support for harm‑reduction services including safe consumption sites.

Discussion Items

• Mayor’s Appearance – Drug Market Enforcement (Special Order 2:00 PM): Mayor London Breed reported that from end‑May 2023, police made 616 arrests for drug sales in the Tenderloin and SoMa (up from about 350 in all of 2022), seized over 200 pounds of fentanyl (2.5× more than the same period last year), and the District Attorney has filed 566 drug cases in 2023. She emphasized a need to “strengthen our laws to compel more people into treatment” and to pair any safe consumption sites with aggressive enforcement. The command center structure shifted from the Department of Emergency Management to the Police Department to improve inter‑agency coordination. A public dashboard of metrics is being developed. The mayor and President Peskin discussed the need for clear metrics and reducing bureaucracy.
• Commendation – Devon Han (Special Order 2:30 PM): Supervisor Ronin presented a posthumous commendation to 15‑year‑old shooting victim Devon Han. The supervisor publicly apologized for unknowingly writing a letter on behalf of the man who later admitted to the murder. The victim’s mother, Sheree Johnson, accepted the honor and criticized systemic failures, stating she is pursuing a claim against the city.
• 939 Lombard Street CEQA Appeal (Special Order 3:00 PM): The board heard an appeal of the Planning Department’s Class 1 and Class 3 categorical exemption for demolishing a carport and building a 5,173‑sq‑ft, 40‑foot‑tall single‑family home adjacent to Yick Wo Elementary School. The appellant (neighbor Martin Ng) argued that the project poses unusual circumstances (landslide risk, shadows, noise, dust). The Planning Department countered that the project meets CEQA exemption criteria, that the site is not unique (14 other elementary schools on steep slopes in SF), and that the appellant provided no substantial evidence of significant impacts. The project sponsor’s attorney noted the school itself did not appeal, and that pier foundations would actually reduce load on the shared retaining wall. After debate, the board voted 11‑0 to affirm the exemption (Item 16) and table the reversing motions (Items 17‑18).
• Overdose Awareness Day Resolution (Item 25): Supervisor Ronin introduced a resolution recognizing August 31, 2023 as International Overdose Awareness Day, amended to include a broad range of strategies (wellness centers, overdose prevention sites, abstinence programs). Lengthy debate ensued: Supervisor Dorsey expressed support for supervised consumption services but objected to wording he felt separated wellness hubs from safe consumption; Supervisor Preston argued that without safe consumption sites the city is failing to save lives; Supervisor Ronin criticized colleagues for being dishonest about their positions. The resolution passed 11‑0 as amended.
• Fill Vacant Permanent Supportive Housing Units (Item 31): Supervisor Preston’s resolution urging the Department of Homelessness and Supportive Housing to fill at least half of vacant PSH units within 90 days and maintain a vacancy rate no greater than 5% thereafter. Several supervisors expressed support, noting a pilot program for same‑day placement. The resolution passed unanimously.

Key Outcomes

• Opioid Settlements Approved: Three ordinances authorizing $267.3 million in total settlements with Walgreen Co., Teva, and Allergan were finally passed.
• Another Planet Entertainment Concert Permit (Item 14): Passed 10‑1 (Supervisor Chan voting no due to neighborhood impact concerns) to allow post‑Outside Lands concerts at Golden Gate Park’s Polo Field for 2024‑2026, with minimum permits of $1.4 million (two‑day) and $2.1 million (three‑day).
• 939 Lombard Street CEQA Appeal Denied: The board voted 11‑0 to affirm the categorical exemption, allowing the project to proceed.
• Portsmouth Square Elevators Emergency Declaration (Item 30): Referred to the Budget and Finance Committee (moved by Supervisor Safai, seconded by Supervisor Chan).
• In Memoriam: The meeting was adjourned in memory of Peter De Luca and James Wing Chow.
• Future Hearings: Supervisor Safai’s letter of inquiry on traffic enforcement will be heard at the September 28 Public Safety and Neighborhood Services Committee. Supervisor Stephanie’s nonprofit oversight legislation and other introduced items will advance through committees.