Board of Supervisors Minutes: May 9, 2023

221062 [Administrative Code - Funding, Acquisition, and Use of Certain Sheriff’s Department Equipment] 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 of the Sheriff’s Department consistent with the criteria set forth in state law; and approving the Sheriff’s Department’s Use of Equipment Policy. (Sheriff) Ordinance No. 077-23 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Ronen

ropriation - Ambulance Service Revenue - Fire Department - $4,236,098, and De-Appropriations $62,348,096 and Appropriations - Various Departments - $66,584,194 - FY2022-2023] Sponsor: Mayor Ordinance appropriating $4,236,098 in Ambulance Service Revenue in the Fire Department, de-appropriating $62,348,096 from permanent salaries and mandatory fringe benefits, and appropriating $65,429,619 to overtime in the Department of Emergency Management, Department of Public Health, Department of Public Works, Fire Department, San Francisco Public Utilities Commission, Sheriff’s Department, and the Recreation and Parks Department and appropriating $1,154,575 to Materials and Supplies in the Fire Department, in order to support the Departments’ projected increases in overtime as required per Administrative Code Section 3.17; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors, pursuant to Charter Section 9.113(c). (Pursuant to Charter, Section 9.113(c), this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such appropriation ordinance for passage.) Ordinance No. 082-23 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Ronen

230281 [Administrative Code - Purchase and Sale of Electricity and Related Products - Public Utilities Commission] Ordinance amending the Administrative Code to modify the waivers of specified contract-related requirements in the Administrative and Environment Codes for electricity and related product transactions, authorize binding arbitration for contracts with Investor Owned Utilities, and increase the annual expenditure limit for energy procurements from $150,000,000 to $200,000,000. (Public Utilities Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Ronen

230315 [Emergency Declaration - Plumbing Repair at San Francisco Main Public Library - 100 Larkin Street - Estimated Cost of Repairs $550,000] Sponsor: Mayor Resolution approving the Director of Public Works’ declaration of an emergency under Administrative Code, Section 6.60, for repairs and remediation work at the San Francisco Main Public Library, estimated to cost approximately $550,000. (Public Works) (Fiscal Impact) Resolution No. 239-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230405 [Contract Amendment - 21 Tech, LLC - Service and Support Agreement - Not to Exceed $18,150,173] Resolution authorizing the Office of the Treasurer & Tax Collector to amend a service and support agreement with 21 Tech, LLC which enables the City and County of San Francisco to accept online tax filings, to extend the contract term for an additional 10 years, increasing the contract amount by $9,950,173 for a total amount not to exceed $18,150,173 to commence upon Board of Supervisors and Mayoral approval for the period of May 31, 2023, through May 31, 2033. (Treasurer-Tax Collector) (Fiscal Impact) Resolution No. 245-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230453 [Accept and Expend Grant - Retroactive - Governor’s Office of Business and Economic Development - Cannabis Equity Grants Program for Local Jurisdictions - $1,511,791.11] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Office of Cannabis to accept and expend a grant award in the amount of $1,511,791.11 from April 1, 2023, through October 31, 2024, from the Governor’s Office of Business and Economic Development for the Local Equity Grants Program for Local Jurisdictions; authorizing the Office of Cannabis to execute the agreement with the Governor’s Office of Business and Economic Development, and any extensions, amendments, or contracts subsequent thereto, on behalf of the City and County of San Francisco; and indemnifying the Governor’s Office of Business and Economic Development for liability arising out of the performance of this contract. Resolution No. 247-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230265 [Ten-Year Capital Expenditure Plan - FYs 2024-2033] Sponsor: Mayor Resolution adopting the City's Ten-Year Capital Expenditure Plan for Fiscal Years (FYs) 2024-2033 pursuant to Administrative Code, Section 3.20. Resolution No. 238-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230420 [Calling on the Mayor to Fund 2,000 New Shelter or Temporary Housing Placements] Sponsors: Mandelman; Engardio Resolution calling on Mayor London N. Breed to fund 2,000 new shelter or temporary housing placements over the next two fiscal years. Supervisor Engardio requested to be added as a co-sponsor. Resolution No. 251-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230343 [Contract Amendment - Richmond Area Multi-Services, Inc. - Behavioral Health Services for Adults, Older Adults, and Transitional Age Youth - Not to Exceed $61,137,386] Resolution approving Amendment No. 2 to the agreement between Richmond Area Multi-Services, Inc. and the Department of Public Health (DPH), for behavioral health services for adults, older adults, and transitional age youth; to increase the agreement by $37,669,562 for an amount not to exceed $61,137,386; 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 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. 240-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230353 [Contract Amendment - Westside Community Mental Health Center, Inc. - Substance Use Disorder Services - Not to Exceed $15,580,935] Resolution approving Amendment No. 2 to the agreement between Westside Community Mental Health Center, Inc. and the Department of Public Health (DPH), for substance use disorder services; to increase the agreement by $6,526,688 for an amount not to exceed $15,580,935; to extend the term by three years from June 30, 2023, for a total agreement term of July 1, 2017, 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. 241-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230354 [Contract Amendment - Homeless Children’s Network - Mental Health Services for Homeless Children and Families - Not to Exceed $17,465,319] Resolution approving Amendment No. 2 to the agreement between Homeless Children’s Network and the Department of Public Health (DPH), for mental health services for homeless children and families; to increase the agreement by $7,473,592 for a total amount not to exceed $17,465,319; to extend the term by four years and six months, from June 30, 2023, for a total agreement term of July 1, 2018, through December 31, 2027; 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. 242-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230415 [Grant Agreement Amendment - Five Keys Schools and Programs - Baldwin SAFE Navigation Center - Not to Exceed $37,072,314] Sponsor: Mayor Resolution approving the second amendment to the grant agreement between Five Keys Schools and Programs and the Department of Homelessness and Supportive Housing (“HSH”) for services at the Baldwin SAFE Navigation Center; extending the grant term by 36 months for a total term of July 1, 2022, through June 30, 2026; increasing the agreement amount by $27,272,314 for a total amount not to exceed $37,072,314; and authorizing HSH to enter into any additions, amendments, or other modifications to the agreement that do not materially increase the obligations or liabilities, or materially decrease the benefits to the City. (Fiscal Impact) Resolution No. 246-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

221021 [Planning, Administrative Codes - HOME-SF] Sponsors: Dorsey; Peskin Ordinance amending the Planning Code to allow projects to qualify for a density bonus under the Housing Opportunities Mean Equity (HOME-SF) Program by agreeing to subject new dwelling units to the rent increase limitations of the Rent Ordinance; modifying the zoning changes available to HOME-SF projects; making conforming amendments in the Administrative 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Ronen

221105 [Planning Code - HOME-SF] Sponsor: Peskin Ordinance amending the Planning Code to exclude designated historic districts under Article 10 of the Planning Code from the provisions of the Home Ownership Means Equity-San Francisco (HOME-SF) Program; 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. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Ronen

230216 [Administrative Code - Displaced Tenant Preference in City Affordable Housing] Sponsors: Ronen; Walton, Chan and Dorsey Ordinance amending the Administrative Code to expand the Displaced Tenant Preference in City Affordable Housing Programs to cover tenants where the tenant’s unlawful unit has been removed as a residential unit by a written approval by the Planning Commission of the demolition, conversion, or merger of the residential unit, or denial by the Planning Commission of an application to legalize the unlawful unit. Supervisors Chan and Dorsey requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Ronen

230373 [Existing Building Code - Façade Inspections for Tall Buildings] Sponsor: Peskin Ordinance amending the Existing Building Code to require buildings with 15 or more stories constructed after 1998 to conduct and submit façade inspection reports; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Ronen

230137 [Street Naming - Mayor Edwin M. Lee Avenue] Sponsors: Melgar; Chan and Mandelman Resolution renaming Lee Avenue from its intersection with Ocean Avenue to its current northern terminus to Mayor Edwin M. Lee Avenue and applying this new street name to the future public right-of-way extension of Lee Avenue to its proposed end point near the southern boundary of Archbishop Riordan High School. Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 249-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230138 [Official Naming of Unnamed Streets - Balboa Reservoir Project] Sponsor: Melgar Resolution approving Diego Lane, Loquat Lane, Meyer Lane, and Wisteria Lane as the official street names for certain yet to be constructed unnamed streets located within the Balboa Reservoir Project. Resolution No. 250-23 ADOPTED by the following vote:

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

Noes: None

Excused: Ronen

230309 [Police Code - Limited Live Performance Permit in Polk Street Neighborhood Commercial District] Sponsor: Peskin Ordinance amending the Police Code to change from 10:00 p.m. to 11:00 p.m., the time at which a Live Performance in the Polk Street Neighborhood Commercial District under a Limited Live Performance Permit must conclude; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Ronen

230167 [Campaign and Governmental Conduct Code - Permit Prioritization] Sponsor: Safai Ordinance amending the Campaign and Governmental Conduct Code to create a Permit Prioritization Task Force responsible for developing a recommended Citywide list of prioritized permits and project types and recommending permit prioritization guidelines to the Department of Building Inspection, the Planning Department, and the Department of Public Works, requiring those departments to review and update their permit prioritization guidelines periodically, and requiring the commissions that oversee each department to approve the department’s permit prioritization guidelines; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Supervisors Chan, Melgar, and Peskin voted No on First Reading.) PASSED ON FIRST READING by the following vote:

Ayes: Dorsey, Engardio, Mandelman, Preston, Ronen, Safai, Stefani, Walton

Noes: Chan, Melgar, Peskin

230457 [City Corporate Seal - Use by District 6, Supervisor Matt Dorsey] Sponsor: Dorsey Resolution approving the use of the City’s Corporate Seal for the purpose of jackets for District 6 Supervisor Matt Dorsey and his staff that identify them as a member of the Board of Supervisors and Board of Supervisors staff representing District 6. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Dorsey, seconded by Supervisor Melgar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 17, by striking ‘Bryan Dahl, Leo Alfaro, Madison Tam, and Mahanaz Ebadi’. The motion carried by the following vote:

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

Noes: None

Resolution No. 248-23 ADOPTED AS AMENDED by the following vote:

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

Noes: None

230388 [Amending the Rules of Order - Dissolving the Youth, Young Adult, and Families Committee] Sponsor: Ronen Motion amending the Board of Supervisors’ Rules of Order by amending Rules 3.25 and 3.25.1, and striking Rule 3.31 to dissolve the Youth, Young Adult, and Families Committee. (Pursuant to Board Rule 3.26.1, an amendment to the Board of Supervisors’ Rules of Order shall be adopted by the affirmative vote of two-thirds (8 votes) of the Board of Supervisors.) Motion No. M23-071 APPROVED by the following vote:

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

Noes: None

approved on January 24, 2023. (Clerk of the Board) President Peskin opened the public hearing and Supervisor Melgar provided opening remarks relating to the Laguna Honda Hospital’s strategy for recertification, as referenced in File No. 230035. The President then inquired as to whether any member of the public wished to address the Committee of the Whole. Roland Pickens (Department of Public Health) provided an overview of the hearing matter and responded to questions raised throughout the discussion. Patrick Monette-Shaw; Norman Degelman; Laura Slade Chiera; Carol Bettencourt; Jim McAfee; Roma Guy; Speaker; Jessica Inouye; Claude Joseph; Debra; Theresa Rutherford; Speaker; Melody Grossman; Speaker; Otto Duffy; Louise; Dr. Theresa Palmer; Speaker; Art Persyko; Michael Lyon; Jeremy Miller; Francisco Da Costa; Speaker; spoke on various concerns relating to the hearing matter. The President closed public comment, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Melgar, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 26, 2023. The motion carried by the following vote:

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

Noes: None

230357 [Report of Assessment Costs - Sidewalk Inspection and Repair Program] Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs through the Sidewalk Inspection and Repair Program, ordered to be performed by said Director pursuant to the provisions of Public Works Code, Section 706.9, and Administrative Code, Chapter 80, the costs thereof having been paid for out of a revolving fund. (Public Works) President Peskin reported that Public Works requested the following address be removed from the accompanying report due to recent resolution or receipt of payment: 954 Girard Street. Supervisor Safai, seconded by Supervisor Ronen, moved that the accompanying report be amended as requested by Public Works and included in File No. 230357. The motion carried without objection. Resolution No. 243-23 ADOPTED, after accepting the amendment to the accompanying report, by the following vote:

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

Noes: None

230360 [Report of Assessment Costs for Blighted Properties - Accelerated Sidewalk Abatement Program] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program, ordered to be performed by said Director pursuant to the provisions of Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works) President Peskin reported there were no addresses requested to be removed from the accompanying report. Resolution No. 244-23 ADOPTED by the following vote:

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

Noes: None

230512 [National Mental Health Awareness Month - May 2023] Sponsors: Mandelman; Ronen, Melgar, Engardio, Dorsey, Walton, Peskin and Preston Resolution recognizing May 2023 as National Mental Health Awareness Month in the City and County of San Francisco. (Clerk of the Board) Supervisors Peskin and Preston requested to be added as co-sponsors. Resolution No. 252-23 ADOPTED by the following vote:

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

Noes: None

230516 [Keep Pier 94 Backlands Temporary Shelter Site Open] Sponsors: Walton; Ronen, Preston, Peskin, Safai and Mandelman Resolution urging the Port of San Francisco, San Francisco Port Commission, the Department of Homelessness and Supportive Housing, and the Homelessness Oversight Commission to keep the Pier 94 Backlands Temporary Shelter Site open to prevent the eviction of over 100 residents. Supervisor Mandelman requested to be added as a co-sponsor. Resolution No. 253-23 ADOPTED by the following vote:

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

Noes: None

230523 [Urging the District Attorney and SFPD to Release Information Brought by the SFPD for Filing Charges in the Case of Banko Brown’s Killing] Sponsors: Peskin; Melgar, Walton, Engardio, Chan, Preston and Ronen Resolution urging the District Attorney and the San Francisco Police Department (SFPD) to release police reports, witness accounts and video information from the April 27, 2023, killing of Banko Brown, that form the factual basis in the case presented by the SFPD for filing charges by the District Attorney. Supervisors Preston and Ronen requested to be added as co-sponsors. 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 Dorsey, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 1, by adding 'and SFPD', Line 3, by adding ‘and the San Francisco Police Department (SFPD)’, Line 18, by changing ‘murder’ to ‘homicide’, and Lines 19-20, by adding ‘and Police Department’. The motion carried by the following vote:

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

Noes: None

Resolution No. 254-23 ADOPTED AS AMENDED by the following vote:

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

Noes: None