Board of Supervisors Minutes: December 6, 2022

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. Ordinance No. 256-22 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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 Peskin requested this Ordinance be DUPLICATED. See Duplicate File No. 221242. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Chan, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 8, Lines 8-15, by striking '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 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."' The motion carried by the following vote:

Ayes: Chan, Mar, Melgar, Peskin, Preston, Safai

Noes: Dorsey, Mandelman, Ronen, Stefani, Walton

Supervisor Ronen, seconded by Supervisor Melgar, moved to rescind the previous vote. The motion carried by the following vote:

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

Supervisor Peskin, seconded by Supervisor Chan, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE in Board, on Page 8, Lines 8-15, by striking '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 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."', and by adding 'robots will not be used as a deadly force option.'. The motion carried by the following vote:

Ayes: Chan, Mar, Melgar, Peskin, Preston, Ronen, Safai, Walton

Noes: Dorsey, Mandelman, Stefani

City and County of San Francisco Page 1013 Printed at 1:35 pm on 3/8/24 Board of Supervisors Meeting Minutes 12/6/2022 Although it was not required, Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be PASSED ON FIRST READING AS AMENDED. The motion carried by the following vote:

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

221242 [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. Duplicated from File No. 220641. Supervisor Peskin, seconded by Supervisor Chan, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 8, Lines 8-15, by only including references to the 'unmanned, remotely piloted, powered ground vehicle policy.' The motion carried by the following vote:

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

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 relating to the use of unmanned, remotely piloted, powered aerial or ground vehicles. Supervisor Peskin, seconded by Supervisor Chan, moved that this Ordinance be REFERRED AS AMENDED to Rules Committee. The motion carried by the following vote:

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

221028 [Accept and Expend Grant - State of California General Fund Grant - Improvements for Japantown Peace Plaza, Buchanan Center Mall - $5,000,000] Sponsors: Mayor; Preston, Chan, Mar, Peskin, Walton and Safai Resolution approving the acceptance of $5,000,000 of General Fund grant funds from the State of California for the planning, design, and construction of physical improvements and enhancements to the Japantown Peace Plaza at the Buchanan Center Mall; making certain certifications required to receive the funds; authorizing Public Works and other City departments to expend such funds for this project for the period of October 2022 through March 2026; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Works) Supervisors Mar, Peskin, Walton, and Safai requested to be added as co-sponsors. ADOPTED by the following vote:

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

Absent: Safai

Supervisor Safai, seconded by Supervisor Chan, moved to rescind the previous vote. The motion carried by the following vote:

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

Resolution No. 520-22 ADOPTED by the following vote:

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

221109 [Accept and Expend Grant - Retroactive - 2018 Repurposed Federal Earmark - Sloat Infrastructure Improvements - $163,513] Sponsors: Mayor; Melgar and Mar Resolution retroactively authorizing Public Works to accept and expend an earmark grant of $163,513 from the Federal Highway Administration 2018 Earmark Repurposing Final Approved List to fund the construction of the Sloat Infrastructure Improvements project for a term of September 16, 2021, through December 1, 2023; authorizing Public Works to execute all required documents for the project; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Works) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 521-22 ADOPTED by the following vote:

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

221119 [Contract Amendment - Richmond Area Multi Services, Inc. - Behavioral Health Peer Services - Not to Exceed $29,116,181] Resolution approving Amendment No. 1 to the agreement between Richmond Area Multi Services, Inc. and the Department of Public Health (DPH), to provide behavioral health peer services, to increase the agreement by $19,253,431 for an amount not to exceed $29,116,181; to extend the term by three and one-half years from December 30, 2022, for a total agreement term of July 1, 2021, through June 30, 2026; and to authorize DPH 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. (Public Health Department) (Fiscal Impact) Resolution No. 522-22 ADOPTED by the following vote:

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

ral Hollow Road, Tracy - Initial Annual Rent of $30,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to enter into a Site Use Agreement with VB Nimbus, LLC, a Delaware limited liability company, for the installation, operation, maintenance, repair, and replacement of radio equipment at 32322 S Corral Hollow Road in Tracy, at an initial annual use fee of $30,000 with annual increases of three percent for an initial five-year term, commencing January 1, 2023, through December 21, 2028, with four five-year extension options for the SFPUC Water Enterprise Radio Replacement Project (Project), pursuant to Charter, Section 9.118; affirming the Planning Department’s determination that the project is categorically exempt from environmental review under the California Environmental Quality Act; and to authorize the General Manager of the SFPUC to enter into amendments or modifications to the Agreement that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Agreement or this Resolution. (Public Utilities Commission) Resolution No. 523-22 ADOPTED by the following vote:

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

221148 [Accept and Expend Grant - Retroactive - California State Water Resources Control Board - Public Beach Safety Program Grant - $87,675] Sponsors: Mayor; Dorsey, Stefani, Mar and Walton Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $87,675 from the California State Water Resources Control Board, Division of Water Quality Beach Safety Program, to participate in a program, entitled “Public Beach Safety Program Grant,” for the period of July 1, 2022, through June 30, 2025. (Public Health Department) Resolution No. 516-22 ADOPTED by the following vote:

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

221168 [Accept and Expend Grant; Cooperative Agreement - Retroactive - Caltrans Clean California Enhancement Program - Potrero Gateway Streetscape Improvement Project - $1,275,000] Sponsors: Mayor; Walton Resolution retroactively authorizing Public Works to accept and expend $1,275,000 from the California Department of Transportation’s (“Caltrans”) Clean California Local Enhancement Program for the construction of improvements and enhancements on the state highway system in support of the Potrero Gateway Streetscape Improvement project to commence August 2022 through March 2026; approving and authorizing Public Works to enter into a Cooperative Agreement with Caltrans regarding project construction and implementation; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Works) Resolution No. 524-22 ADOPTED by the following vote:

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

221172 [Loan Amendment - Maceo May Apts, L.P. - 100% Affordable Housing at 55 Cravath Street (formerly 401 Avenue of the Palms) - Not to Exceed $39,238,000] Sponsors: Mayor; Dorsey Resolution approving and authorizing the execution of a First Amendment to the Amended and Restated Loan Agreement with Maceo May Apts, L.P., a California limited partnership, to increase the loan amount by $14,983,000 for a new total loan amount not to exceed $39,238,000 to finance additional construction costs and loss of permanent financing related to the 100% affordable, 105 unit multifamily rental housing development (plus one staff unit) for low and moderate income veteran households located at 55 Cravath Street (formerly 401 Avenue of the Palms) on Treasure Island (“Maceo Project”); and adopting findings that the First Amendment to the Amended and Restated Loan Agreement is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 525-22 ADOPTED by the following vote:

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

221065 [General Plan - Adopting the 2022 Safety & Resilience Element] Ordinance amending the San Francisco General Plan by repealing the 2012 Community Safety Element and adopting the 2022 Safety & Resilience Element; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and general welfare under Planning Code, Section 340, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Department) PASSED ON FIRST READING by the following vote:

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

220875 [Park Code - Upper Great Highway - Pilot Weekend and Holiday Vehicle Restrictions] Sponsors: Mar; Preston, Dorsey and Mandelman Ordinance amending the Park Code to restrict private vehicles on the Upper Great Highway between Lincoln Way and Sloat Boulevard, on a pilot basis, on weekends and holidays until December 31, 2025; making associated findings under the California Vehicle Code; 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. Supervisor Melgar, seconded by Supervisor Chan, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 23, and on Page 6, Line 9, to change the time of restriction to Saturday at 6:00 a.m. to Monday at 6:00 a.m. The motion FAILED by the following vote:

Ayes: Chan, Melgar, Walton

Noes: Dorsey, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani

PASSED ON FIRST READING by the following vote:

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

Noes: Chan, Melgar

221024 [Administrative Code - Special Needs Trusts as Retirement Beneficiaries] Sponsors: Safai; Mandelman and Chan Ordinance amending the Administrative Code to permit members of the San Francisco Employees’ Retirement System (SFERS) to designate Special Needs Trusts as retirement beneficiaries in certain circumstances, and to specify requirements for those trusts. PASSED ON FIRST READING by the following vote:

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

220811 [Planning Code - Automotive Uses] Sponsors: Mayor; Mandelman Ordinance amending the Planning Code to increase density on lots with auto-oriented uses where housing is permitted, except for Residential-Mixed (RM) and Residential-Commercial (RC) districts and designated historic districts, but which do not currently have any residential use or a legacy business, and to remove the Conditional Use requirement to change the use of an Automobile Service Station or Automotive Use to another use, and amend zoning control tables to reflect this change; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare as required by Planning Code, Section 302. Supervisor Mandelman 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

221103 [Fire Code - Repealing 2019 Code, Adopting 2022 Code] Sponsors: Mayor; Peskin and Chan Ordinance repealing the existing San Francisco Fire Code in its entirety and enacting a new San Francisco Fire Code consisting of the 2022 California Fire Code and portions of the 2018 International Fire Code, together with amendments specific to San Francisco, including provisions for fees for permits, inspections, and various City services, with an operative date of January 1, 2023; adopting findings of local conditions pursuant to California Health and Safety Code, Section 17958.7; directing the Clerk of the Board of Supervisors to forward San Francisco’s amendments to the California Building Standards Commission and State Fire Marshal; and making environmental findings. PASSED ON FIRST READING by the following vote:

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

221165 [Planning Code - Landmark Designation - St. James Presbyterian Church] Sponsor: Walton Ordinance amending the Planning Code to designate St. James Presbyterian Church, at 240 Leland Avenue, Assessor’s Parcel Block No. 6246, Lot No. 012, as a Landmark consistent with the standards set forth in 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) PASSED ON FIRST READING by the following vote:

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

221126 [Administrative Code - Social Impact Commitments in Contracting] Sponsors: Ronen; Safai, Preston, Stefani, Peskin, Chan, Mar, Walton, Melgar, Dorsey and Mandelman Ordinance amending the Administrative Code to authorize the San Francisco Public Utilities Commission to include Social Impact Commitment criteria as a qualitatively scored element in solicitations for certain contracts at designated thresholds. PASSED ON FIRST READING by the following vote:

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

221159 [Memorandums of Understanding - Citywide Amendment - Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay] Sponsor: Mayor Ordinance adopting and implementing an Amendment to the current Memorandums of Understanding and Collective Bargaining Agreements between the City and County of San Francisco and each of the Unions identified in Appendix A of the Proposed Amendment, to provide hospital and skilled nursing facility Covid-19 worker retention pay to select classifications of workers, effective January 31, 2023. Privilege of the floor was granted unanimously to Ardis Graham (Department of Human Resources) who responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote:

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

221200 [Final Map No. 11026 - 986 South Van Ness Avenue] Motion approving Final Map No. 11026, a 15-unit residential condominium project, located at 986 South Van Ness Avenue, being a subdivision of Assessor’s Parcel Block No. 3610, Lot No. 010; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M22-192 APPROVED The foregoing items were acted upon by the following vote:

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

221210 [Resolution of Intent to Not Appropriate Funding in FY 2022-2023 for Executive Recruitment Services and Urging Reappointment of Incumbent Director of Elections] Sponsors: Peskin; Chan, Stefani, Mar, Preston, Dorsey, Melgar, Mandelman, Ronen, Walton and Safai Resolution declaring the Board of Supervisors’ intent to not appropriate funding for the services of an executive recruitment firm to engage in a search for a new Director of Elections, and urging the Elections Commission to reappoint the incumbent Director. Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of December 13, 2022. The motion carried by the following vote:

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

221211 [Ethics Commission Audits Backlog] Sponsors: Peskin; Preston, Chan, Mandelman, Ronen, Safai, Walton, Mar and Stefani Resolution urging the Ethics Commission to timely complete backlog of outstanding campaign finance and lobbyists audits. Supervisors Mar and Stefani requested to be added as co-sponsors. Resolution No. 528-22 ADOPTED by the following vote:

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

221212 [City Policy - Autonomous Vehicles Declaration of Policy] Sponsors: Peskin; Mandelman, Walton and Chan Resolution declaring the official policy of the City and County of San Francisco regarding Autonomous Vehicle (AV) services and programs, by urging the National Highway Traffic Safety Administration (NHTSA), state and local agencies to condition the granting of permits and incentives on addressing San Francisco’s safety concerns. Supervisors Walton and Chan requested to be added as co-sponsors. Resolution No. 529-22 ADOPTED by the following vote:

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

o Board of Supervisors Rules of Order, Sections 4.2 and 4.2.1, by cancelling the Regular Board meetings of January 17, February 21, May 30, June 20, July 4, October 10, and November 28; and all Regular Board and Committee meetings during the spring, summer and winter breaks from March 27 through March 31, July 31 through September 4, and December 18, 2023, through January 5, 2024; and further suspending portions of Board Rule 4.2 to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Melgar, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 6, and Page 2, Line 4, by changing 'November 28' to 'November 21'; and on Page 2, Lines 13-17, by adding 'FURTHER MOVED, To suspend the portion of Board Rule 4.2 that requires the Board to meet during the week of Thanksgiving and prohibits the Board from meeting the week after Thanksgiving, cancelling the meeting of November 21 to observe the Thanksgiving holiday during the week of Thanksgiving, and scheduling the Board to meet on November 28; and, be it'. The motion carried by the following vote:

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

Motion establishing the 2023 Board of Supervisors Regular Meeting Schedule, pursuant to Board of Supervisors Rules of Order, Sections 4.2 and 4.2.1, by cancelling the Regular Board meetings of January 17, February 21, May 30, June 20, July 4, October 10, and November 21; and all Regular Board and Committee meetings during the spring, summer and winter breaks from March 27 through March 31, July 31 through September 4, and December 18, 2023, through January 5, 2024; and further suspending portions of Board Rule 4.2 to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Motion No. M22-193 APPROVED AS AMENDED by the following vote:

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