Board of Supervisors Minutes: October 25, 2022

220843 [Administrative Code - Approval of Surveillance Technology Policies for Multiple City Departments] Ordinance approving Surveillance Technology Policies governing the use of 1) Automatic License Plate Readers by the Municipal Transportation Agency, 2) Biometric Processing Software or System by the Juvenile Probation Department, 3) Body-Worn Cameras by the Fire Department, 4) People-Counting Camera by the Library, 5) Third-Party Security Cameras by the Municipal Transportation Agency and War Memorial, 6) Location Management Systems by the Juvenile Probation Department, 7) Computer Management System by the Library, and 8) Social Media Monitoring Software by the Library; and making required findings in support of said approvals. (City Administrator) Ordinance No. 220-22 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Sponsors: Mandelman; Melgar Ordinance amending the Planning Code to provide a density limit exception to permit up to four dwelling units per lot, and up to six dwelling units per lot in Corner Lots, in all RH (Residential, House) zoning districts, subject to certain requirements, including among others the replacement of protected units; amending the Administrative Code to require new dwelling units constructed pursuant to the density limit exception to be subject to the rent increase limitations of the Rent Ordinance; amending the Subdivision Code to authorize a subdivider that is constructing new dwelling units pursuant to the density exception to submit an application for condominium conversion or a condominium map that includes the existing dwelling units and the new dwelling units that constitute the project; 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. Ordinance No. 210-22 FINALLY PASSED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani

Noes: Walton

220969 [Accept and Expend Grant and Amend the Annual Salary Ordinance - Retroactive - Centers for Disease Control and Prevention - Coronavirus Disease 2019 Public Health Crisis Response and the Public Health Workforce Development Supplemental Funding - $1,557,822] Sponsor: Mayor Ordinance retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $1,557,822 from the Centers for Disease Control and Prevention, through the California Department of Public Health as a pass-through entity, for participation in a coronavirus disease 2019 (COVID-19)-related program, entitled “COVID-19 Public Health Crisis Response and the Public Health Workforce Development Supplemental Funding,” for the period of July 1, 2021, through June 30, 2023; and amending Ordinance No. 109-21 (Annual Salary Ordinance, File No. 210644 for Fiscal Years 2021-2022 and 2022-2023) to provide for the addition of four grant-funded full-time positions in Class 0931 Manager III (2.5 FTE), Class 2593 Health Program Coordinator III (1.25 FTE), and 2119 Health Care Analyst (1.25 FTE). PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220268 [Accept and Expend Grant - Retroactive - California Energy Commission - Electric Vehicle Ready Community Blueprint Phase 2 - Blueprint Implementation - $2,384,797 and In-Kind Services and Equipment] Sponsors: Mayor; Mandelman, Melgar, Mar and Stefani Resolution retroactively authorizing the Department of the Environment to accept and expend a grant in the amount of $2,384,797 from the California Energy Commission's Alternative and Renewable Fuel and Vehicle Technology Program to implement an Electric Vehicle Ready Blueprint to accelerate local vehicle electrification for the period of August 1, 2022, through March 29, 2024; as a term of the grant agreement, Google, EVgo, and other City agencies will provide in-kind services and equipment for use by the public; and approving the grant agreement pursuant to Charter, Section 9.118(a). (Environment) (Fiscal Impact) Resolution No. 444-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Preston, Ronen, Safai, Stefani, Walton

Noes: Peskin

Trust for the sale by the City, acting by and through the San Francisco Port Commission, of unimproved real property known as a portion of Former Custer Avenue; 2) a Public Trust Exchange and Title Settlement Agreement for 1620-1650-1680 Davidson Avenue between the City, acting by and through the Port Commission, the California State Lands Commission and the Cole Trust, both agreements in furtherance of a settlement agreement between the Port Commission and the Cole Trust; 3) affirming the Planning Department’s determination under the California Environmental Quality Act; 4) adopting findings that the agreements are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; 5) adopting findings declaring that the real property transactions comply with the State Surplus Lands Act and City Surplus Lands Ordinance; 6) authorizing future City acceptance from the State of a new Public Trust Easement pending State enabling legislation; and 7) authorizing the Port’s Executive Director and the Director of Property to take certain actions in furtherance of this Resolution, as defined herein. (Port) Resolution No. 445-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220950 [Grant Amendment - Retroactive - California Department of Parks and Recreation - Division of Boating and Waterways Non-Motorized Boat Launching Facility Grant - Lake Merced Boat Dock - Term Extension] Sponsors: Mayor; Melgar Resolution retroactively approving the sixth amendment to the contract with the California Department of Parks and Recreation Division of Boating and Waterways that requires the San Francisco Recreation and Park Department to operate and maintain the improvements made to the Lake Merced Boat Dock with Division of Boating and Waterway funds and extending the term from February 1, 2022, for a total term of March 1, 2015, through September 4, 2041, pursuant to Charter, Section 9.118(a); and to authorize the San Francisco Recreation and Park Department General Manager to enter into modifications and amendments to the grant contract that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the project or this Resolution. (Recreation and Park Department) Resolution No. 446-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

221006 [Accept and Expend Grant - Retroactive - California Department of Parks and Recreation - Twin Peaks Promenade and Trails Improvement - $1,900,000] Sponsors: Mayor; Melgar and Mandelman Resolution retroactively authorizing the Recreation and Park Department (RPD) to accept and expend grant funding in the amount up to $1,900,000 from the California Department of Parks and Recreation for the Twin Peaks Promenade and Trails Improvement Project for the term of July 1, 2020, through June 30, 2025; approving the grant contract which requires the Recreation and Park Department to maintain the project for the duration of the Contract Performance Period from July 1, 2020, through June 30, 2050, pursuant to Charter, Section 9.118(b); and authorizing the Recreation and Park Department General Manager to enter into modifications and amendments to the grant contract that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the project or this Resolution. (Recreation and Park Department) Supervisors Melgar and Mandelman requested to be added as co-sponsors. Resolution No. 449-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220974 [Contract Amendment - TEGSCO, LLC - Vehicle Towing, Storage, and Disposal Services for Abandoned and Illegally-Parked Vehicles - Not to Exceed $121,400,000] Sponsor: Safai Resolution approving the seventh amendment to the contract between the Municipal Transportation Agency and TEGSCO, LLC, for services related to the towing, storage, and disposal of abandoned and illegally parked vehicles, to increase the contract amount by approximately $33,200,000 for a total contract amount not to exceed $121,400,000 for the balance of the second year and through March 2025, effective upon approval of this Resolution. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 447-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220975 [Lease Amendment - Increasing City Allowance Provided for Tenant Improvements - Volunteers in Medicine - 35 Onondaga Avenue - Reimbursement of Up to $2,120,594] Sponsor: Safai Resolution authorizing the Director of Property to execute a second amendment to a ten-year commercial lease, with two five-year extension options, between the City and County of San Francisco, as landlord, and Volunteers in Medicine, DBA Clinic By the Bay, as tenant, for the City-owned property located at 35 Onondaga Avenue; authorizing the reimbursement of up to a total of $2,120,594 for tenant improvements, to commence upon execution of the lease; and to authorize the Director of Property to enter into any amendments or modifications to the second amendment that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the lease or this Resolution. (Real Estate Department) (Fiscal Impact) Resolution No. 448-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

221026 [Accept and Expend Grant - Alternative Process County Competitive Allocation Funds - California Department of Housing and Community Development - No Place Like Home Grant Program - Up to $26,711,719] Sponsors: Mayor; Ronen, Safai and Mandelman Resolution authorizing the Mayor’s Office of Housing and Community Development, on behalf of the City and County of San Francisco, to participate in the fourth round Notice of Funding Availability and accept and expend the county competitive allocation award for an amount up to $26,711,719 under the California Department of Housing and Community Development No Place Like Home Program, which provides funding for counties to develop multifamily housing specifically for persons with serious mental illness who are homeless, chronically homeless, or at-risk of chronic homelessness, for a term effective upon approval of this Resolution. (Mayor’s Office of Housing and Community Development) Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 450-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

221029 [Approving California Enterprise Development Authority Revenue Obligations and TEFRA Hearing for Presidio Knolls School, Inc. - Not to Exceed $33,000,000] Sponsors: Dorsey; Safai Resolution approving for purposes of Internal Revenue Code of 1986, as amended, Section 147(f) of the Issuance and Sale of Revenue Obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $33,000,000 to finance, refinance and/or reimburse the cost of acquisition, construction, installation, rehabilitation, equipping and furnishing of various capital facilities to be owned and operated by Presidio Knolls School, Inc., a California nonprofit public benefit corporation. Resolution No. 451-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220940 [Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Building Code in its entirety and enacting a 2022 Building Code consisting of the 2022 California Building Code and the 2022 California Residential Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2023; and directing the Clerk of the Board to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220941 [Existing Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Existing Building Code in its entirety and enacting a 2022 Existing Building Code consisting of the 2022 California Existing Building Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2023; and directing the Clerk of the Board to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220942 [Green Building Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Green Building Code in its entirety and enacting a 2022 Green Building Code consisting of the 2022 California Green Building Standards Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2023; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220943 [Mechanical Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Mechanical Code in its entirety and enacting a 2022 Mechanical Code consisting of the 2022 California Mechanical Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing an operative date of January 1, 2023; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220944 [Electrical Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Electrical Code in its entirety and enacting a 2022 Electrical Code consisting of the 2022 California Electrical Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing an operative date of January 1, 2023; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220945 [Plumbing Code - Repeal of Existing 2019 Code and Enactment of 2022 Code] Ordinance repealing the 2019 Plumbing Code in its entirety and enacting a 2022 Plumbing Code consisting of the 2022 California Plumbing Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing an operative date of January 1, 2023; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the California Building Standards Commission, as required by State law. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

221042 [Nomination of County Veterans Service Officer - Elena Kim] Resolution confirming the nomination of Elena Kim as the County Veterans Service Officer for the City and County of San Francisco. (Clerk of the Board) Resolution No. 452-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220998 [MAppointment, Entertainment Commission - Stephen Jon Torres] Motion appointing Stephen Jon Torres, term ending July 1, 2026, to the Entertainment Commission. (Rules Committee) Motion No. M22-164 APPROVED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220999 [Appointment, In-Home Supportive Services Public Authority - Edda Mai Johnson] Motion appointing Edda Mai Johnson, term ending March 1, 2023, to the In-Home Supportive Services Public Authority. (Rules Committee) Motion No. M22-165 APPROVED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

221001 [Appointment, Child Care Planning and Advisory Council - Sherrice Dorsey-Smith] Motion appointing Sherrice Dorsey-Smith (residency requirement waived), term ending March 19, 2025, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M22-166 APPROVED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

220702 [Administrative Code - Definitions of Prohibited Discrimination in Contracting Ordinances and Human Rights Commission Ordinance] Sponsors: Mayor; Mandelman, Dorsey and Mar Ordinance amending the Administrative Code to revise the definitions of gender identity, sex, and sexual orientation, and add the definition of gender expression, in Chapters 12B and 12C (ordinances prohibiting discrimination in contracting including property contracts); revise the definition of age in Chapters 12A (the Human Rights Commission ordinance) and 12B; and revise the definition of disability in Chapters 12A, 12B, and 12C. (This item was not sent as a committee report.) President Walton Excused from Voting Supervisor Peskin, seconded by Supervisor Safai, moved to excuse President Walton from voting on the appointment of Jabari Jackson (File No. 221000), due to a possible conflict of interest. The motion carried by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani

Noes: None

Excused: Walton

221000 [Appointments, Reentry Council - Jusef Nathan, Joanna Hernandez, Linda Hurshman, and Jabari Jackson] Motion appointing Jusef Nathan, Joanna Hernandez (residency requirement waived), Linda Hurshman, and Jabari Jackson, terms ending June 1, 2024, to the Reentry Council. (Rules Committee) President Walton requested that the question be DIVIDED to consider the appointment of Jabari Jackson separately. Motion No. M22-167 The remaining balance of the question was APPROVED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

Motion No. M22-167 The divided question to consider the appointment of Jabari Jackson was APPROVED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani

Noes: None

Excused: Walton

221091 [Findings to Allow Teleconferenced Meetings During Declared Emergency] Motion making findings to allow teleconferenced meetings under California Government Code, Section 54953(e). (Clerk of the Board) Motion No. M22-169 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

221085 [Urging Changes to California State Law Regarding Side Shows and Stunt Driving] Sponsors: Dorsey; Safai, Stefani, Mandelman, Walton and Melgar Resolution urging the California State Legislature to amend the State Vehicle Code to impose harsher penalties for side shows and stunt driving. Supervisor Dorsey, seconded by Supervisor Stefani, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 1, 2022. The motion carried by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None

221087 [SF Spikes Day - October 27, 2022] Sponsors: Mandelman; Safai Resolution declaring October 27, 2022, as SF Spikes Day in the City and County of San Francisco, in recognition of San Francisco Spikes’ work to engage the LGBTQ+ community in soccer and advance LGBTQ+ social causes and events. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 454-22 ADOPTED by the following vote:

Ayes: Chan, Dorsey, Mandelman, Mar, Melgar, Peskin, Preston, Ronen, Safai, Stefani, Walton

Noes: None