# Board of Supervisors Minutes: June 6, 2023 - Meeting date: 2023-06-06 - Document type: minutes - Source format: PDF - Extracted pages: 56 - [Canonical HTML transcript](https://sfbos.info/documents/930/2023-06-06-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=1106458&GUID=C97A0C21-07DC-4E68-878A-1459581BA3F4) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 230329: Amending the Budget and Legislative Analyst Services Audit Plan - Management and Use of Overtime by the Police Department - FYs 2022-2023 and 2023-2024 - Pages: 8-9 - Sponsors: Preston - Vote 1: approval, likely final - Action: 230329 [Amending the Budget and Legislative Analyst Services Audit Plan - Management and Use of Overtime by the Police Department - FYs 2022-2023 and 2023-2024] Sponsor: Preston Motion directing the Budget and Legislative Analyst to conduct an additional performance audit in Fiscal Years (FYs) 2022-2023 and 2023-2024 of the Police Department’s management and use of overtime. Motion No. M23-082 APPROVED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton - Excused: Ronen ### File 230164: Planning Code - Non-Conforming Public Parking Lots in the Mission Street NCT District - Pages: 9 - Sponsors: Ronen; Mandelman - Vote 1: first-reading - Action: 230164 [Planning Code - Non-Conforming Public Parking Lots in the Mission Street NCT District] Sponsors: Ronen; Mandelman Ordinance amending the Planning Code to allow continued use of existing shared spaces in specified public parking lots in the Mission Street Neighborhood Commercial Transit (NCT) District without triggering abandonment of the underlying vehicular parking use; 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 Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton - Excused: Ronen ### File 200144: Police Code - Ceasing Acceptance of New Applications - Cannabis Retail Permits - Pages: 9-10 - Sponsors: Safai; Walton, Stefani and Dorsey - Vote 1: amendment - Action: e that cannabis retail permit applications will not be accepted as of the effective date of this Ordinance; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Safai, seconded by Supervisor Preston, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 4-5, by changing ‘as of’ to ‘by the Office of Cannabis during the period between’, and Line 5, by adding ‘and December 31, 2027’; on Page 3, Lines 6-10, by adding ‘No later than June 30, 2027, the Controller shall submit to the Board of Supervisors a report that analyzes various impacts of the moratorium on new applications for retail-related Cannabis Business Permits, including its financial impacts on the City and the City’s cannabis industry, operational impacts on the Office of Cannabis, and impacts on City neighborhoods.’; and on Page 4, Lines 1-3, by adding ‘Section. 6. Sunset Date. This ordinance shall expire by operation of law on December 31, 2027. Upon expiration of this ordinance, the City Attorney shall cause subsection (e) of Section 1606 to be removed from the Police Code.’ The motion carried by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton - Excused: Ronen - Vote 2: first-reading - Action: Ordinance amending the Police Code to provide that cannabis retail permit applications will not be accepted by the Office of Cannabis during the period between the effective date of this ordinance and December 31, 2027; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton - Excused: Ronen ### File 220814: Health Code - Designating City Attorney to Represent City in Certain Conservatorship Proceedings - Pages: 10 - Sponsors: Mandelman; Chan and Engardio - Vote 1: first-reading - Action: 220814 [Health Code - Designating City Attorney to Represent City in Certain Conservatorship Proceedings] Sponsors: Mandelman; Chan and Engardio Ordinance amending the Health Code to designate the City Attorney rather than the District Attorney to represent the City in judicial proceedings to establish a “Murphy Conservatorship,” a conservatorship for individuals who have been found mentally incompetent during a criminal proceeding involving a charge of death, great bodily harm, or a serious threat to the physical well-being of another person; there has been a finding of probable cause and the proceeding has not been dismissed; as a result of a mental health disorder, the individual is unable to understand the nature and purpose of the criminal proceeding or assist counsel in the conduct of the defense; and the individual represents a substantial danger of physical harm to self or others by reason of mental disease, defect, or disorder. Supervisors Chan and Engardio 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 - Excused: Ronen ### File 230267: Supporting California State Senate Bill Nos. 43 and 363 (Eggman) - Legislation Modernizing Our Behavioral Health Continuum - Pages: 10 - Sponsors: Mandelman; Safai, Melgar, Engardio, Peskin and Stefani - Vote 1: adoption, likely final - Action: 230267 [Supporting California State Senate Bill Nos. 43 and 363 (Eggman) - Legislation Modernizing Our Behavioral Health Continuum] Sponsors: Mandelman; Safai, Melgar, Engardio, Peskin and Stefani Resolution urging the California State Legislature to pass California State Senate Bill Nos. 43 and 363, introduced by California Senator Susan Eggman, to amend the Lanterman-Petris-Short Act and Chapter 2 of Division 2 of the Health and Safety Code. Resolution No. 320-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Safai, Stefani - Noes: Preston, Walton - Excused: Ronen ### File 230336: Liquor License Issuance - 628 Divisadero Street - The Independent - Pages: 10-11 - Vote 1: adoption, likely final - Action: 230336 [Liquor License Issuance - 628 Divisadero Street - The Independent] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to The Independent LLC, to do business as The Independent located at 628 Divisadero Street (District 5), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 303-23 ADOPTED by the following vote: - Ayes: Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton - Excused: Ronen ## Extracted text ### [Page 9](https://sfbos.info/documents/930/2023-06-06-minutes#page-9) Board of Supervisors Meeting Minutes 6/6/2023 Recommendation of the Land Use and Transportation Committee 230164 [Planning Code - Non-Conforming Public Parking Lots in the Mission Street NCT District] Sponsors: Ronen; Mandelman Ordinance amending the Planning Code to allow continued use of existing shared spaces in specified public parking lots in the Mission Street Neighborhood Commercial Transit (NCT) District without triggering abandonment of the underlying vehicular parking use; 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 Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton Excused: 1 - Ronen Recommendations of the Public Safety and Neighborhood Services Committee 200144 [Police Code - Ceasing Acceptance of New Applications - Cannabis Retail Permits] Sponsors: Safai; Walton, Stefani and Dorsey Ordinance amending the Police Code to provide that cannabis retail permit applications will not be accepted as of the effective date of this Ordinance; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Safai, seconded by Supervisor Preston, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 4-5, by changing ‘as of’ to ‘by the Office of Cannabis during the period between’, and Line 5, by adding ‘and December 31, 2027’; on Page 3, Lines 6-10, by adding ‘No later than June 30, 2027, the Controller shall submit to the Board of Supervisors a report that analyzes various impacts of the moratorium on new applications for retail-related Cannabis Business Permits, including its financial impacts on the City and the City’s cannabis industry, operational impacts on the Office of Cannabis, and impacts on City neighborhoods.’; and on Page 4, Lines 1-3, by adding ‘Section. 6. Sunset Date. This ordinance shall expire by operation of law on December 31, 2027. Upon expiration of this ordinance, the City Attorney shall cause subsection (e) of Section 1606 to be removed from the Police Code.’ The motion carried by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton Excused: 1 - Ronen Ordinance amending the Police Code to provide that cannabis retail permit applications will not be accepted by the Office of Cannabis during the period between the effective date of this ordinance and December 31, 2027; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton Excused: 1 - Ronen City and County of San Francisco Page 524 Printed at 4:32 pm on 4/25/24 ### [Page 10](https://sfbos.info/documents/930/2023-06-06-minutes#page-10) Board of Supervisors Meeting Minutes 6/6/2023 220814 [Health Code - Designating City Attorney to Represent City in Certain Conservatorship Proceedings] Sponsors: Mandelman; Chan and Engardio Ordinance amending the Health Code to designate the City Attorney rather than the District Attorney to represent the City in judicial proceedings to establish a “Murphy Conservatorship,” a conservatorship for individuals who have been found mentally incompetent during a criminal proceeding involving a charge of death, great bodily harm, or a serious threat to the physical well-being of another person; there has been a finding of probable cause and the proceeding has not been dismissed; as a result of a mental health disorder, the individual is unable to understand the nature and purpose of the criminal proceeding or assist counsel in the conduct of the defense; and the individual represents a substantial danger of physical harm to self or others by reason of mental disease, defect, or disorder. Supervisors Chan and Engardio requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton Excused: 1 - Ronen 230267 [Supporting California State Senate Bill Nos. 43 and 363 (Eggman) - Legislation Modernizing Our Behavioral Health Continuum] Sponsors: Mandelman; Safai, Melgar, Engardio, Peskin and Stefani Resolution urging the California State Legislature to pass California State Senate Bill Nos. 43 and 363, introduced by California Senator Susan Eggman, to amend the Lanterman-Petris-Short Act and Chapter 2 of Division 2 of the Health and Safety Code. Resolution No. 320-23 ADOPTED by the following vote: Ayes: 8 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Safai, Stefani Noes: 2 - Preston, Walton Excused: 1 - Ronen 230336 [Liquor License Issuance - 628 Divisadero Street - The Independent] Resolution determining that the issuance of a Type-90 on-sale general music venue liquor license to The Independent LLC, to do business as The Independent located at 628 Divisadero Street (District 5), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 303-23 ADOPTED by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Safai, Stefani, Walton Excused: 1 - Ronen City and County of San Francisco Page 525 Printed at 4:32 pm on 4/25/24