Board of Supervisors Minutes: November 29, 2022

220924 [Planning Code - Landmark Designation - Turk and Taylor Streets Intersection] Sponsors: Preston; Dorsey Ordinance amending the Planning Code to designate the Turk and Taylor Streets Intersection together with defined portions of 101 Taylor Street, Assessor’s Parcel Block No. 0339, Lot No. 003 (known as the “Site of the Compton’s Cafeteria Riot”), as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Ordinance No. 246-22 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

221070 [Business and Tax Regulations Code - Temporary Suspension of Cannabis Business Tax] Sponsors: Mandelman; Dorsey Ordinance amending the Business and Tax Regulations Code to suspend the imposition of the Cannabis Business Tax through December 31, 2025. (Fiscal Impact) (Supervisor Chan dissented in committee.) Ordinance No. 247-22 FINALLY PASSED by the following vote:

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

Noes: Chan, Peskin

220947 [Contracting Process - Communications Based Train Control System - Waiver of Administrative Code Contract Prohibition and Authorization to Use Negotiated Procurement Procedures] Sponsors: Mayor; Mandelman, Melgar, Dorsey and Safai Ordinance authorizing the Municipal Transportation Agency to issue a Request for Proposals for a Communications Based Train Control System to be awarded by a contract with a term exceeding ten years; waiving the Administrative Code prohibition against issuing solicitations for a contract for general or professional services for a term longer than ten years; authorizing use of negotiated procurement procedures, stating that the award of the contract will be subject to the approval of the Board of Supervisors pursuant to Charter, Section 9.118(b); and adopting findings under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

221053 [Master Lease Amendment - United States Navy - Treasure Island Land and Structures] Resolution approving Amendment No. 47 to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year to commence December 1, 2022, for a total term of November 19, 1998, through November 30, 2023; and to authorize the Treasure Island Director to execute and enter into amendments to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes and intent of this Resolution. (Treasure Island Development Authority) Resolution No. 507-22 ADOPTED by the following vote:

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

221092 [Lease Renewal - Hudson 1455 Market, LLC - Transit Management Center - 1455 Market Street - Term Extension - $1,320,059.49] Resolution authorizing and approving a first amendment to the lease to the renewal of an office lease for the existing Transportation Management Center with Hudson 1455 Market, LLC, as landlord, for the San Francisco Municipal Transportation Agency, at 1455 Market Street, at a yearly initial base rent of $1,320,059.49 with annual adjustments of three percent for a term of ten years to commence September 20, 2023, for a total term of September 20, 2023, through September 19, 2033; and to authorize the Director or Property to enter into any extensions, amendments, or modifications to the Lease 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. 511-22 ADOPTED by the following vote:

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

221107 [Accept and Expend Grant - Retroactive - California Department of Insurance - Automobile Insurance Fraud Program - $314,180] Sponsor: Mayor Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $314,180 from the California Department of Insurance for the Automobile Insurance Fraud Program, for the grant period of July 1, 2022, through June 30, 2023. (District Attorney) Resolution No. 512-22 ADOPTED by the following vote:

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

221108 [Accept and Expend Grant - Retroactive - California Department of Insurance - Workers’ Compensation Insurance Fraud Program - $1,008,768] Sponsor: Mayor Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $1,008,768 from the California Department of Insurance for the Workers’ Compensation Insurance Fraud Program, for the grant period July 1, 2022, through June 30, 2023. (District Attorney) Resolution No. 513-22 ADOPTED by the following vote:

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

221127 [Accept and Expend Grant - Retroactive - California Board of State and Community Corrections - Proposition 47 STARR - Cohort III - $6,000,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $6,000,000 from the California Board of State and Community Corrections for participation in a program, entitled “Proposition 47 Supporting Treatment & Reducing Recidivism - Cohort III,” for the period of September 1, 2022, through June 1, 2026. (Public Health Department) (Fiscal Impact) Resolution No. 514-22 ADOPTED by the following vote:

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

221128 [Agreement Amendment - Clear Channel Outdoor, LLC - Transit Shelter Advertising - Term Extension] Sponsors: Mayor; Melgar Resolution approving the Second Amendment to the Transit Shelter Advertising Agreement between the City and County of San Francisco and Clear Channel Outdoor, LLC, to exercise the option to extend the Agreement for five years, from December 7, 2022, through December 7, 2027; adjust the minimum annual guarantee payments, as well as administrative and marketing payments; and increase the maintenance and service obligations of Clear Channel. Privilege of the floor was granted unanimously to Nicolas Menard (Office of the Budget and Legislative Analyst) and Jonathan Rewers (Municipal Transportation Agency) who responded to questions raised throughout the discussion. Resolution No. 500-22 ADOPTED by the following vote:

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

220828 [Tourism Improvement District and Moscone Expansion District - Annual Report - FY2020-2021] Sponsor: Peskin Resolution receiving and approving the annual report for the Tourism Improvement District and Moscone Expansion District for Fiscal Year (FY) 2020-2021, 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. Resolution No. 518-22 ADOPTED by the following vote:

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

220859 [Yerba Buena Community Benefit District - Annual Report - FY2020-2021] Sponsor: Dorsey Resolution receiving and approving an annual report for the Yerba Buena Community Benefit District for Fiscal Year (FY) 2020-2021, 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. Resolution No. 519-22 ADOPTED by the following vote:

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

220889 [East Cut Community Benefit District - Annual Report - FY2020-2021] Sponsor: Dorsey Resolution receiving and approving an annual report for The East Cut Community Benefit District for Fiscal Year (FY) 2020-2021, 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. Resolution No. 501-22 ADOPTED by the following vote:

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

220890 [Castro/Upper Market Community Benefit District - Annual Report - FY2020-2021] Sponsor: Mandelman Resolution receiving and approving an annual report for the Castro/Upper Market Community Benefit District for Fiscal Year (FY) 2020-2021, 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. Resolution No. 502-22 ADOPTED by the following vote:

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

220893 [Ocean Avenue Community Benefit District - Annual Report - FY2020-2021] Sponsors: Melgar; Safai Resolution receiving and approving an annual report for the Ocean Avenue Community Benefit District for Fiscal Year (FY) 2020-2021, 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. Resolution No. 503-22 ADOPTED by the following vote:

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

220894 [Discover Polk Community Benefit District - Annual Report - FY2020-2021] Sponsor: Peskin Resolution receiving and approving an annual report for the Discover Polk Community Benefit District for Fiscal Year (FY) 2020-2021, 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. Resolution No. 504-22 ADOPTED by the following vote:

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

221129 [Lower Polk Community Benefit District - Annual Report - FY2020-2021] Sponsors: Peskin; Preston Resolution receiving and approving an annual report for the Lower Polk Community Benefit District for Fiscal Year (FY) 2020-2021, 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. Resolution No. 515-22 ADOPTED by the following vote:

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

Supervisor Preston Excused from Voting Supervisor Preston requested to be excused from voting on File No. 221063, due to a possible conflict of interest. Supervisor Ronen, seconded by Supervisor Peskin, moved to excuse Supervisor Preston from voting on File No. 221063. The motion carried by the following vote:

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

Excused: Preston

221063 [Mills Act Historical Property Contract - 942-944 Fell Street] Resolution approving a historical property contract between Julie A. Chin, the owner of 942-944 Fell Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 508-22 ADOPTED by the following vote:

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

Excused: Preston

221083 [Memorandum of Understanding - Metropolitan Transportation Commission and Bay Area Transit Operators - Next Generation Clipper® System] Sponsors: Mayor; Ronen and Dorsey Resolution authorizing the San Francisco Municipal Transportation Agency Director of Transportation to execute the Next Generation Clipper® System Memorandum of Understanding with the Metropolitan Transportation Commission and Bay Area transit operators, including the allocation of operating and maintenance costs for the participating agencies, effective upon approval of this Resolution. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 510-22 ADOPTED by the following vote:

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

221131 [Amending the Budget and Legislative Analyst Services Audit Plan - Delegated Procurement Authority Under Chapter 6 of the Administrative Code and Citywide Conflicts of Interest - FY2022-2023] Sponsors: Preston; Walton and Mar Motion directing the Budget and Legislative Analyst to conduct two additional performance audits in Fiscal Year (FY) 2022-2023 consisting of 1) a multi-part audit of various departments’ delegated authority for public works contracts pursuant to Chapter 6 of the Administrative Code; and 2) how conflicts of interest are managed citywide. Supervisor Mar requested to be added as a co-sponsor. Motion No. M22-185 APPROVED by the following vote:

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

220542 [Planning Code - Temporary Safe Overnight Parking and Cannabis Retail Uses] Sponsor: Safai Ordinance amending the Planning Code to allow long-term parking of and overnight camping in vehicles and ancillary uses on parcels designated and authorized for use as Vehicle Triage Centers or Safe Parking Program sites, as a temporary use; extending the date for expiration of temporary cannabis retail uses to January 1, 2024; 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 public necessity, convenience, and welfare findings pursuant to Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

220972 [Mental Health Services Act Annual Update - FY2022-2023] Sponsor: Mayor Resolution authorizing adoption of the San Francisco Mental Health Services Act Annual Update Fiscal Year (FY) 2022-2023. Resolution No. 505-22 ADOPTED by the following vote:

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

220641 [Administrative Code - Funding, Acquisition, and Use of Certain Police Department Equipment] Sponsor: Mayor Ordinance amending the Administrative Code to require Board of Supervisors approval of a policy governing the funding, acquisition, and use of certain law enforcement equipment consistent with the criteria set forth in state law, and approving the Police Department's use of Equipment Policy. Supervisor Ronen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 8, Line 8, to add modifications to the Use of Equipment Policy. Before the vote was taken, Supervisor Peskin rescinded his second. Supervisor Ronen, seconded by Supervisor Melgar, moved that this Ordinance be AMENDED on Page 8, Line 8, to add modifications to the Use of Equipment Policy. The motion FAILED by the following vote:

Ayes: Chan, Mar, Melgar, Preston, Ronen

Noes: Dorsey, Mandelman, Peskin, Safai, Stefani, Walton

: Authorized Use”) is amended to replace the words “outweighs any other force option available to SFPD” with “officers cannot subdue the threat after using alternative force options or de-escalation tactics options or conclude that they will not be able to subdue the threat after evaluating alternative force options and de-escalation tactics. Only the Chief, Assistant Chief of Operations, or Deputy Chief of Special Operations may authorize the use of robots as a deadly force option.”' Supervisor Ronen requested the motion to amend be DIVIDED to consider the amendments separately. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED on Page 8, Line 8, by adding ', with the following modification: Section 1.A.5 (“Unmanned, remotely piloted, powered ground vehicle (ground): Authorized Use”) is amended to replace the words “outweighs any other force option available to SFPD” with “officers cannot subdue the threat after using alternative force options or de-escalation tactics options or conclude that they will not be able to subdue the threat after evaluating alternative force options and de-escalation tactics.' The motion carried by the following vote:

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

Noes: Ronen, Walton

City and County of San Francisco Page 995 Printed at 12:44 pm on 3/8/24 Board of Supervisors Meeting Minutes 11/29/2022 Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED on Page 8, Line 8, by adding 'Only the Chief, Assistant Chief of Operations, or Deputy Chief of Special Operations may authorize the use of robots as a deadly force option.”' The motion carried by the following vote:

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

Upon approval of both divided questions to amend the Ordinance, the Ordinance was AMENDED as a whole. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Preston, Ronen, Walton

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. Supervisor Mar requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

221125 [Administrative Code - 706 Mission Fund] Sponsors: Peskin; Dorsey, Chan and Mandelman Ordinance amending the Administrative Code to establish the 706 Mission Fund to receive funds provided to the City under the 2013 purchase and sale agreement regarding the property at 706 Mission Street; to authorize the Recreation and Park Department and the Mayor’s Office of Housing and Community Development to expend monies from the Fund for specified purposes after receiving recommendations from the SoMa Community Stabilization Fund Community Advisory Committee; and to require the Recreation and Park Department and the Mayor’s Office of Housing and Community Development to prepare reports regarding expenditures from the Fund. PASSED ON FIRST READING by the following vote:

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

221149 [Updated Annual Fundraising Drive - 2022] Sponsors: Mandelman; Chan Resolution updating the proposed designation of agencies qualified to participate in the 2022 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. Resolution No. 499-22 ADOPTED by the following vote:

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

221177 [Supporting the Human Rights of the People of Iran] Sponsors: Safai; Walton, Dorsey, Preston, Mandelman, Ronen, Mar, Melgar and Stefani Resolution supporting the human rights of the people of Iran, including the immediate cessation of human rights abuses on the demonstrators in Iran and the immediate release of political prisoners in Iran, and standing in solidarity with the women and people of Iran. Supervisors Dorsey, Preston, Mandelman, Ronen, Mar, Melgar, and Stefani requested to be added as co-sponsors. Resolution No. 517-22 ADOPTED by the following vote:

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