# Board of Supervisors Minutes: April 19, 2022

- Meeting date: 2022-04-19
- Document type: minutes
- Pages in official PDF: 23
- [Canonical HTML transcript](https://sfbos.info/documents/840/2022-04-19-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=957467&GUID=2860A101-C77D-4E9B-85EE-0F7D6FBCCD81)

> This text was extracted for search and accessibility. The linked City PDF is the authoritative public record.

## Structured legislative records

### File 220303: Signing of Petitions for City Parcels for Formation of the Proposed Excelsior Community Benefit District

- Pages: 8-9
- Vote 1: adoption, likely final
  - Action: 220303 [Signing of Petitions for City Parcels for Formation of the Proposed Excelsior Community Benefit District] Sponsor: Safai Resolution authorizing the Mayor to sign petitions in the affirmative for the proposed formation of a property and business improvement district to be named the Excelsior Community Benefit District, with respect to certain parcels of real property owned by the City that would be subject to assessment in said district. Resolution No. 145-22 ADOPTED by the following vote:
  - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
  - Excused: Melgar

### File 211297: Police, Building Codes - Bond for Labor Standards Compliance in Certain Residential Construction Projects

- Pages: 9
- Vote 1: first-reading
  - Action: 211297 [Police, Building Codes - Bond for Labor Standards Compliance in Certain Residential Construction Projects] Sponsors: Haney; Preston, Mar, Melgar and Mandelman Ordinance amending the Police Code to add Article 33O to require owners of certain residential construction projects to maintain a labor compliance bond and to condition release of such bond on specified reporting and labor standards compliance for work on the project; and amending the Building Code to require owners of such projects to file a labor compliance bond as a condition of receiving a permit for construction. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:
  - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
  - Excused: Melgar

### File 220190: Planning Code - Landmark Designation - 2261 Fillmore Street (aka Clay Theatre)

- Pages: 9-10
- Vote 1: first-reading
  - Action: 220190 [Planning Code - Landmark Designation - 2261 Fillmore Street (aka Clay Theatre)] Sponsors: Stefani; Peskin, Preston and Mandelman Ordinance amending the Planning Code to designate 2261 Fillmore Street (aka Clay Theatre), Assessor’s Parcel Block No. 0630, Lot No. 002, as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; and affirming the Planning Department’s determination under the California Environmental Quality Act; making public necessity, convenience, and welfare findings under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:
  - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
  - Excused: Melgar

### File 220242: Administrative Code - Limits on Storage and Use of DNA Profiles

- Pages: 10-11
- Vote 1: referral
  - Action: d does not include any Evidentiary DNA Profile determined to belong to a Victim.’, on Page 3, Lines 8-9, by adding ‘such as the Police Department Crime Laboratory’, Line 18, by adding ‘or by accreditation standards’, Line 19, by adding ‘(“SFPD”)’, Lines 19 and 21, by adding ‘Reference’, Line 23, by adding ‘or by accreditation standards’, and Line 24, by changing ‘Police Department’ to ‘SFPD’; on Page 4, Lines 6, 13, and 22, by changing ‘Police Department’ to ‘SFPD’, Line 8, by adding ‘Reference’, Line 23, by adding ‘Reference DNA Profiles and’, and Line 25, by adding ‘Reference’; on Page 4, Line 25, through Page 5, Line 1, by changing ‘that were’ to ‘and all Evidentiary DNA Profiles determined to belong to victims that are known to have been’; and on Page 5, Line 2, by adding ‘at any time’ and ‘Reference’, Lines 3-4, by adding ‘and Evidentiary DNA Profiles determined to belong to Victims that are known to have been’, Line 4, by changing ‘that were’ to ‘at any time that have been’, Line 5, by changing ‘and’ to ‘together with’, Line 9, by striking ‘the Police Department’, Line 13, by adding ‘Reference’, and Line 14, by adding ‘Reference DNA’. The motion carried by the following vote:
  - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
  - Excused: Melgar
- Vote 2: first-reading
  - Action: Police Department or other City departments from uploading or storing DNA profiles from crime victims reference samples (“Victim Reference DNA Profiles”) in any City DNA database that is not subject to the federal and state rules governing Combined DNA Index Systems (“CODIS”) databases (“Non-CODIS DNA Databases”), and from storing DNA profiles obtained from crime scene evidence (“Evidentiary DNA Profiles”) in any Non-CODIS DNA Database for longer than 60 days; to require that, by July 1, 2022, or 15 days after the effective date of this ordinance, the Police Department purge from Non-CODIS DNA Databases Evidentiary DNA Profiles stored for longer than 60 days and Victim Reference DNA Profiles stored for any length of time; and to limit the Police Department and other City departments to using Non-CODIS DNA Databases only for quality assurance purposes, and not for any investigative purposes; to require the Controller to submit an audit report regarding Non-CODIS DNA Databases; and to require posting on the Police Department website and other City websites a description of how the Department handles and stores a Victim’s DNA . PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
  - Excused: Melgar

## Extracted text

### [Page 9](https://sfbos.info/documents/840/2022-04-19-minutes#page-9)

Board of Supervisors                            Meeting Minutes                                               4/19/2022




Recommendations of the Land Use and Transportation Committee


211297 [Police, Building Codes - Bond for Labor Standards Compliance in Certain
       Residential Construction Projects]
            Sponsors: Haney; Preston, Mar, Melgar and Mandelman
            Ordinance amending the Police Code to add Article 33O to require owners of certain residential
            construction projects to maintain a labor compliance bond and to condition release of such bond on
            specified reporting and labor standards compliance for work on the project; and amending the
            Building Code to require owners of such projects to file a labor compliance bond as a condition of
            receiving a permit for construction.
            Supervisor Mandelman requested to be added as a co-sponsor.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
                 Excused: 1 - Melgar


220190 [Planning Code - Landmark Designation - 2261 Fillmore Street (aka Clay Theatre)]
            Sponsors: Stefani; Peskin, Preston and Mandelman
            Ordinance amending the Planning Code to designate 2261 Fillmore Street (aka Clay Theatre),
            Assessor’s Parcel Block No. 0630, Lot No. 002, as a Landmark consistent with the standards set
            forth in Article 10 of the Planning Code; and affirming the Planning Department’s determination under
            the California Environmental Quality Act; making public necessity, convenience, and welfare findings
            under Planning Code, Section 302; and making findings of consistency with the General Plan, and
            the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission)
            Supervisor Mandelman requested to be added as a co-sponsor.
            PASSED ON FIRST READING by the following vote:
                 Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
                 Excused: 1 - Melgar




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### [Page 10](https://sfbos.info/documents/840/2022-04-19-minutes#page-10)

Board of Supervisors                               Meeting Minutes                                                 4/19/2022




Recommendations of the Rules Committee


220242 [Administrative Code - Limits on Storage and Use of DNA Profiles]
            Sponsors: Ronen; Walton and Preston
            Ordinance amending the Administrative Code to prohibit the Police Department or other City
            departments from uploading or storing DNA profiles known to belong to crime victims (“Victim DNA
            Profiles”) in any City DNA database that is not subject to the federal and state rules governing
            Combined DNA Index Systems (“CODIS”) databases (“Non-CODIS DNA Databases”), and from
            storing DNA profiles obtained from crime scene evidence (“Evidentiary DNA Profiles”) in any
            Non-CODIS DNA Database for longer than 60 days; to require that, by July 1, 2022, or 15 days after
            the effective date of this Ordinance, the Police Department purge from Non-CODIS DNA Databases
            Evidentiary DNA Profiles stored for longer than 60 days and Victim DNA Profiles stored for any length
            of time; to limit the Police Department and other City departments to using Non-CODIS DNA
            Databases only for quality assurance purposes, and not for any investigative purposes; to require the
            Controller to submit an audit report regarding Non-CODIS DNA Databases; and to require posting on
            the Police Department website and other City websites a description of how the Department handles
            and stores a Victim’s DNA.
            Supervisor Ronen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN
            AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 4, by changing ‘known to belong to’
            to ‘from’, Line 5, by changing ‘victims’ to ‘victim reference samples’, and Lines 5 and 12, adding
            ‘Reference’; on Page 2, Lines 16-17, by adding ‘”Reference DNA Profile” means a DNA Profile obtained
            from a known individual and used for purposes of comparison with Evidentiary DNA Profiles.’, and Lines
            19-22, by updating the definition to read ‘Victim Reference DNA Profile’ means a Reference DNA Profile
            obtained from a Victim, and does not include any Evidentiary DNA Profile determined to belong to a
            Victim.’, on Page 3, Lines 8-9, by adding ‘such as the Police Department Crime Laboratory’, Line 18, by
            adding ‘or by accreditation standards’, Line 19, by adding ‘(“SFPD”)’, Lines 19 and 21, by adding
            ‘Reference’, Line 23, by adding ‘or by accreditation standards’, and Line 24, by changing ‘Police
            Department’ to ‘SFPD’; on Page 4, Lines 6, 13, and 22, by changing ‘Police Department’ to ‘SFPD’, Line 8,
            by adding ‘Reference’, Line 23, by adding ‘Reference DNA Profiles and’, and Line 25, by adding
            ‘Reference’; on Page 4, Line 25, through Page 5, Line 1, by changing ‘that were’ to ‘and all Evidentiary
            DNA Profiles determined to belong to victims that are known to have been’; and on Page 5, Line 2, by
            adding ‘at any time’ and ‘Reference’, Lines 3-4, by adding ‘and Evidentiary DNA Profiles determined to
            belong to Victims that are known to have been’, Line 4, by changing ‘that were’ to ‘at any time that have
            been’, Line 5, by changing ‘and’ to ‘together with’, Line 9, by striking ‘the Police Department’, Line 13, by
            adding ‘Reference’, and Line 14, by adding ‘Reference DNA’. The motion carried by the following vote:
                 Ayes: 10 - Chan, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton
                 Excused: 1 - Melgar




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