Legislation

This resolution approves an amendment to a contract with the University of California to provide behavioral health services for children, youth, and families, increasing the funding by nearly $10 million and extending the contract term by four years. It also allows the Department of Public Health to make minor adjustments to the contract as needed without increasing the city's obligations.

Resolution approving Amendment No. 2 to the agreement between The Regents of the University of California and the Department of Public Health, for behavioral health services for children, youth and families, to increase the agreement by $9,956,190 for an amount not to exceed $19,820,764; to extend the term by four years, from June 30, 2023, for a total agreement term of July 1, 2018, through June 30, 2027; and to authorize the Department of Public Health 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.

This resolution approves an increase of $5,208,598 to a contract with UC San Francisco for mental health services in the Infant Parent Program, raising the total agreement amount to $14,647,481 and extending the contract term until June 30, 2028. It also allows the Department of Public Health to make minor amendments to the contract as needed.

Resolution retroactively approving Amendment No. 2 to the agreement between The Regents of the University of California, A Constitutional Corporation, on behalf of its San Francisco Campus University of California (UC) San Francisco General Hospital (SFGH) Clinical Practice Group SFGH/Comm Focus PGM and the Department of Public Health, for mental health services for the Infant Parent Program, to increase the agreement by $5,208,598 for an amount not to exceed $14,647,481; to extend the term by five years and six months, from December 31, 2022, for a total agreement term of July 1, 2018, through June 30, 2028; and to authorize the Department of Public Health 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.

The ordinance authorizes a settlement of $229,610,002 from Walgreen Co. related to their improper dispensing of prescription opioids, which contributed to the opioid crisis in San Francisco. The City will receive $200,000,002 over 15 years, while outside counsel will be paid $29,610,000.

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco and the People of the State of California against Walgreen Co. for $229,610,002 (the City to be paid $200,000,002 over 15 years, the City’s outside counsel to be paid $29,610,000); the lawsuit was filed on December 18, 2018, in the United States District Court for the Northern District of California, 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.

The ordinance authorizes a settlement of nearly $25 million from several pharmaceutical companies for their role in misleadingly marketing opioids and contributing to the opioid crisis in San Francisco. It allocates funds for the City Attorney's Office and includes naloxone valued at $20 million to help combat opioid overdoses.

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco and the People of the State of California against Cephalon, Inc.; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries Ltd; Watson Laboratories, Inc.; Actavis LLC; Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.); Actavis Elizabeth LLC; Actavis Mid Atlantic LLC; Warner Chilcott Company, LLC; Actavis South Atlantic LLC; Actavis Totowa LLC; Actavis Kadian LLC; Actavis Laboratories UT, Inc. (f/k/a/ Watson Laboratories, Inc.-Salt Lake City); Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc.-Florida); and Anda, Inc. for $24,797,604 (the City to be paid $19,499,928 over 13 years, the City’s outside counsel to be paid $3,043,340, and the City Attorney’s Office to be paid $2,254,336) and naloxone valued at $20,000,000; directing the Controller to allocate funds to the City Attorney’s Office as provided in the settlement agreement; the lawsuit was filed on December 18, 2018, in the United States District Court for the Northern District of California, 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 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.

The ordinance authorizes a settlement of nearly $12.9 million from Allergan related to a lawsuit over misleading opioid marketing and distribution practices that contributed to the opioid crisis in San Francisco. The settlement allocates funds for the City, outside counsel, and the City Attorney's Office over a five-year period.

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco and the People of the State of California against Allergan Finance, LLC (f/k/a Actavis, Inc., which, in turn, was f/k/a Watson Pharmaceuticals, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc) for $12,916,274 (the City to be paid $10,156,889 over 5 years, the City’s outside counsel to be paid $1,585,179, and the City Attorney’s Office to be paid $1,174,206); directing the Controller to allocate funds to the City Attorney’s Office as provided in the settlement agreement; the lawsuit was filed on December 18, 2018, in the United States District Court for the Northern District of California, 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 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.

This ordinance allows the City Attorney to represent San Francisco in court cases for establishing a specific type of conservatorship for individuals deemed mentally incompetent during serious criminal proceedings. This conservatorship is intended for those who pose a significant danger to themselves or others due to their mental health issues.

Ordinance amending the Health Code to designate the City Attorney rather than the District Attorney to represent the City in judicial proceedings to establish a “Murphy Conservatorship,” a conservatorship for individuals who have been found mentally incompetent during a criminal proceeding involving a charge of death, great bodily harm, or a serious threat to the physical well-being of another person; there has been a finding of probable cause and the proceeding has not been dismissed; as a result of a mental health disorder, the individual is unable to understand the nature and purpose of the criminal proceeding or assist counsel in the conduct of the defense; and the individual represents a substantial danger of physical harm to self or others by reason of mental disease, defect, or disorder.

This resolution allows the Department of Public Health to use a $9,818,147 grant from the CDC for a program aimed at promoting equity and strengthening teams in San Francisco from December 1, 2022, to November 30, 2027. It was passed retroactively to authorize the funding for the ongoing project.

Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $9,818,147 from the Centers for Disease Control and Prevention for participation in a program, entitled “San Francisco Project INVEST (INnovations that Value Equity and Strengthen Teams),” for the period of December 1, 2022, through November 30, 2027.

This resolution allows the Department of Public Health to use a $500,000 grant from the California Department of Public Health for a program aimed at improving access to COVID-19 testing and treatment from December 1, 2022, to June 30, 2023. It has been officially approved and is now in effect.

Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $500,000 from the California Department of Public Health through the Physicians for a Healthy California for participation in a program, entitled “COVID-19 Test to Treat Equity Grant,” for the period of December 1, 2022, through June 30, 2023.

This resolution allows the Department of Public Health to accept and use a $2.67 million grant from the California Department of Public Health to address a syphilis outbreak from July 2022 to June 2027. It was passed retroactively to authorize funding for the program.

Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $2,668,251 from the California Department of Public Health for participation in a program, entitled “Syphilis Outbreak Strategy (SOS) Grant,” for the period of July 1, 2022, through June 30, 2027.

The ordinance amends the Health Code to simplify the permit application process for massage establishments by exempting certain applicants from fingerprinting and reducing notification and inspection requirements for new permits and ownership changes. It also establishes penalties for solicitation of lewd conduct by massage practitioners and clarifies enforcement measures for violations.

Ordinance amending the Health Code to exempt applicants for Massage Establishment, Sole Practitioner Massage Establishment, and Outcall Massage Service permits from fingerprinting requirements if the applicant holds a valid license issued by the California Massage Therapy Council; remove certain departments (Building Inspection, Police, Fire) from the list of departments that the Department of Public Health (DPH) must notify regarding new Massage Establishment permit applications, and remove all notification requirements to departments in cases of change in ownership of Massage Establishments or Sole Practitioner Massage Establishments; remove the requirement that departments receiving notice of new Massage Establishment permit applications conduct inspections with written findings of the applying massage establishment; allow Massage Establishments to install an exterior door keyless lock system upon prior DPH approval and upon providing DPH with a valid and up-to-date access code; remove from the Health Code the inoperative local application process for new Massage Practitioner permits; include solicitation of lewd conduct or prostitution by Massage Practitioners as conduct subject to penalty under this Article; and clarify that violations of certain sections of the Health Code regulating Massage Practitioners are also subject to enforcement as public nuisances.

This legislation calls for a hearing to review the Department of Public Health's Behavioral Health Unit and how various mental health services, including contracted services and housing options, fit into the overall system of care. It also requests a report detailing current service availability and waitlists.

Hearing on Department of Public Health’s (DPH) Behavioral Health Unit’s System of Care, including how contracted out services fit into the System of Care, how components of Mental Health San Francisco fit into the System of care, how Jail Health services, Psych Emergency services, and Supportive and other types of housing fit into System of Care, including all services, both inpatient and out, residential treatment programs, housing units, low barrier drop-in programs, case management, and any other service in a comprehensive list or map with current openings or waitlists related to such program or service; and requesting DPH's Behavioral Health Department to report.

This legislation calls for a hearing to review the Department of Public Health's Behavioral Health Services case management system, focusing on the number of case managers, their locations, client interaction frequency, caseloads, and vacant positions. The Department of Public Health is required to provide a report on these aspects.

Hearing on Department of Public Health's Behavioral Health Services case management system; specifically examining how many behavioral health and substance use case managers are in the system, their work location, the process for providing case management at varying levels of need, frequency of case managers interacting with their clients, the caseload of case managers at every level of care, and the number of funded but vacant case manager positions exist in the entire system of care; and requesting Department of Public Health's Behavioral Health Services to report.

The ordinance authorizes a settlement of $2,223,500 for a lawsuit against the City and County of San Francisco related to allegations of abuse and privacy violations at Laguna Honda Hospital. This settlement is subject to approval by the Probate Court.

Ordinance authorizing settlement of the lawsuit, subject to the approval of the Probate Court, filed by Jane Doe 1, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 9, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 6, John Doe 7 against the City and County of San Francisco for $2,223,500; the lawsuit was filed on May 28, 2021, in San Francisco Superior Court, Case No. CGC-21-592296; entitled Jane Doe 1, et al. v. City and County of San Francisco, et al.; the lawsuit involves allegations of abuse and privacy violations brought by current and former residents of Laguna Honda Hospital and Rehabilitation Center.

The resolution approves a $19.5 million settlement for a claim by 1231 Market Street Owner L.P. against the city, related to property damage at the Hotel Whitcomb caused by shelter-in-place hotel guests during the COVID-19 pandemic. Both parties will release each other from further claims and cover their own legal costs.

Resolution approving the settlement of the unlitigated claim filed by 1231 Market Street Owner L.P. against the City and County of San Francisco for $19,500,000; the claim was filed on April 13, 2023; the claim involves allegations of property damage to the Hotel Whitcomb caused by shelter-in-place (SIP) hotel guests during the COVID-19 pandemic and resulting loss of use; other material terms of the settlement include a mutual full and final release, with each party to bear their own costs.

This legislation schedules a public hearing for the Board of Supervisors to discuss Laguna Honda Hospital's plan for recertification and the process for transferring and relocating patients. The Department of Public Health will present information during this hearing, which is set for September 26, 2023.

Hearing of the Board of Supervisors sitting as a Committee of the Whole on Tuesday, September 26, 2023, at 3:00 p.m., to hold a public hearing on Laguna Honda Hospital’s Strategy for Recertification and the Submission of a Closure and Patient Transfer and Relocation Plan; and requesting the Department of Public Health to present; scheduled pursuant to Motion No. M23-010 (File No. 230034), approved on January 24, 2023.

This resolution approves a settlement of $245,152.11 to Euphoria Hospitality, Inc. for property damage claims related to shelter-in-place hotel guests during the COVID-19 pandemic, with both parties agreeing to cover their own costs.

Resolution approving settlement of the unlitigated claim filed by Euphoria Hospitality, Inc., dba Nob Hill Hotel, against the City and County of San Francisco for $245,152.11; the claim was filed on February 3, 2023; the claim involves allegations of property damage to the Nob Hill Hotel caused by shelter-in-place (SIP) hotel guests during the COVID-19 pandemic and resulting loss of use; other material terms of the settlement include a mutual full and final release, with each party to bear their own costs.

This resolution approves a settlement of nearly $3.9 million to SF Good LLC for property damage claims related to the Good Hotel during the COVID-19 pandemic. It includes a mutual release of claims, meaning both parties will not pursue further legal action and will cover their own costs.

Resolution approving the settlement of the unlitigated claim filed by SF Good LLC, against the City and County of San Francisco for $3,893,862; the claim was filed on February 21, 2023; the claim involves allegations of property damage to the Good Hotel caused by shelter-in-place (SIP) hotel guests during the COVID-19 pandemic and resulting loss of use; other material terms of the settlement include a mutual full and final release, with each party to bear their own costs.