Supervisors approve zoning and health measures, debate housing rules and send robot-delivery proposal back to committee

San Francisco’s Board of Supervisors on Oct. 17 approved a set of ordinances and resolutions affecting zoning, public-health rules and park naming while spending much of the afternoon debating housing rules, a utilities software contract and how the city should regulate delivery robots on sidewalks.

The board amended and passed on first reading changes to the city’s inclusionary-housing rules, voted to authorize an $11.8 million software-support agreement for the Public Utilities Commission, and sent an ordinance regulating autonomous delivery devices back to committee so staff and the full board can negotiate permit limits and safety requirements.

Why it matters: The actions move forward multiple projects that affect housing production, public safety and city procurement practices. Several items also set policy direction on emerging technologies and public-health protections for consumer products.

The board opened with remarks from Mayor Edwin Lee, who urged faster housing production and noted the city’s 30,000-unit by-2020 target. “One of the ways we can support [first responders] is by building more housing in our city,” Mayor Lee said. He described an executive directive to speed permitting and said the city had produced about 17,000 units toward the 30,000 goal and was building at a current pace of roughly 5,000 homes per year.

Inclusionary housing (item 8) Supervisor Kim introduced an amendment to the Planning Code to revise off-site inclusionary-housing requirements for projects that use tax-exempt bond financing and tax credits. The amendment requires that at least 60 percent of off-site affordable units be affordable to households at 55 percent of area median income, and that the income table for such units be the one used by the Mayor’s Office of Housing and Community Development (MOHCD). Kim said the change reflects negotiated compromises among nonprofit developers and the housing office and applies to an option of a small number of projects that build off-site affordable units rather than paying a fee.

Supervisor Safaie supported Kim’s explanation of the negotiations and the compromise: “we already have 60% allocated for 55% AMI,” he said, describing the change as consistent with prior agreements. The ordinance, as amended, passed its first reading unanimously.

Oracle-license contract for PUC (item 9) The board considered a resolution authorizing the general manager of the San Francisco Public Utilities Commission (PUC) to execute an $11,800,000 agreement with Mythix Inc. for as-needed Oracle licensing and software support through March 22, 2023. Supervisor Kim said she has pushed the city to evaluate free and open-source alternatives and would continue to press the city to reduce licensing costs, but acknowledged the PUC’s procurement process. She said she would vote against the contract as part of her ongoing push toward more open-source use: “I will still be voting against today's contract.”

Supervisor Ronan said he supported the PUC’s competitive process and planned to vote yes. The board approved the contract, 9–2, with Supervisors Kim and Peskin recorded as the two no votes.

Autonomous delivery devices and sidewalks (item 29) Supervisor Yee sponsored an ordinance to prohibit autonomous delivery devices on sidewalks and in public rights-of-way. Yee said, “I resolutely believe that our sidewalks should be prioritized for humans,” and described amendments intended to balance safety, innovation and local business interests. The amendments proposed a testing and permitting path with a cap on the number of devices, a requirement for a nearby human able to take control, public notice and a labor-harmony agreement.

Members of the board debated whether the city should ban new technologies outright or create a regulatory regime. Supervisor Farrell urged caution about bans and supported further study. Supervisor Peskin cited his experience with the city’s earlier ban on Segways and warned that sidewalks are “pretty sacred spaces for human beings.” With the amendments in hand, the board voted without objection to send the ordinance back to committee for further consideration of the permit structure and other details.

Flame-retardant chemicals ban (item 30) Supervisor Farrell introduced an ordinance to ban the sale of upholstered furniture and juvenile products containing added flame-retardant chemicals; staff and advocates described health research linking some flame-retardant chemicals to developmental and other health harms. Farrell said the measure would be “the first in the nation to regulate any chemical used as a flame retardant,” and the ordinance as amended establishes an effective date of Jan. 1, 2019, builds a petition process for products with heating components, and narrows the private right of action with a city-attorney review period. The board adopted amendments and passed the ordinance on first reading unanimously.

1990 Folsom Street rezoning for affordable housing (item 26) Supervisor Ronan described a proposed zoning change for 1990 Folsom Street to allow an urban mixed-use designation and a height increase to 90 feet so Mission Economic Development Agency and Tenderloin Neighborhood Development Center can develop a mixed-use project with 43 deeply affordable family units, a child-development center and space for production, distribution and repair (PDR) and community arts. Ronan said city funding for the project came from a 2015 housing bond allocation. The board approved the zoning amendment on first reading unanimously.

BevMo license (item 31) The board adopted a resolution asking the California Department of Alcoholic Beverage Control to deny liquor licenses for a proposed BevMo location at 150 Kearny Street, finding the transfer would not serve the public convenience or necessity. Supervisor Peskin noted that BevMo later withdrew its applications; the board approved the resolution unanimously.

Batting cages naming (item 36) The board adopted a resolution urging the Recreation and Park Commission to name the newly installed batting cages at Victoria Manalo Draves Park after longtime community recreation leader Tim Figueres. Supervisor Kim said the resolution requests the commission to consider naming and noted community support; the measure passed unanimously.

Votes at a glance (selected items) - Item 8 — Inclusionary-housing ordinance (first reading, amended): Passed on first reading, unanimous. Motion to amend by Supervisor Kim (seconded by Supervisor Safaie). Key point: at least 60% of off-site affordable units to be affordable at 55% AMI. - Item 9 — PUC Oracle-license agreement with Mythix Inc., $11.8 million (resolution): Approved 9–2 (No: Supervisors Kim, Peskin). Motion authorizing contract execution. - Item 10 — Public-works code: prohibit sale/assembly/storage of bikes on rights-of-way (ordinance adoption): Passed; roll call showed 9 ayes, 2 noes (Supervisors Fewer and Ronan in dissent). - Item 26 — Zoning change for 1990 Folsom Street (first reading): Passed on first reading unanimously; allows urban mixed-use zoning and a 90-foot height increase to proceed toward affordable housing development (43 units). - Item 29 — Ordinance to prohibit autonomous delivery devices on sidewalks: Sponsor introduced substantive amendments creating a permit/testing process; board voted to send the ordinance back to committee for further work (no final adoption). - Item 30 — Ordinance banning sale of specified flame-retardant-containing upholstered furniture and juvenile products: Amendments adopted; ordinance passed on first reading unanimously (effective date set 01/01/2019; petition process for some electronic components). - Item 31 — Resolution opposing BevMo ABC licenses at 150 Kearny St.: Adopted unanimously (applicant later withdrew). - Item 36 — Urge Rec & Park Commission to name batting cages at Victoria Manalo Draves Park after Tim Figueres: Adopted unanimously.

What the board directed next - The autonomous-delivery-device ordinance will return to committee for development of a permitting and testing framework, including caps, human-override requirements and public notice provisions. - Departments and offices involved with the flame-retardant ordinance will prepare the petition and compliance procedures called for in the amendments, and the ordinance sets future compliance dates and enforcement steps.

Context and next steps Several items passed on consent or first reading and will return for final votes as required by the legislative process. The inclusionary-housing amendment is narrowly tailored to projects that use tax-exempt bonds and tax credits and applies to a small number of off-site projects; supervisors said the change reflects negotiated language among MOHCD and affordable-housing developers. The autonomous-delivery issue will come back for more detailed rulemaking after the committee process, where the board anticipates discussion of permitting caps, safety controls and labor protections.

Quotes - Mayor Edwin Lee: “One of the ways we can support [first responders] is by building more housing in our city.” - Supervisor Kim (on inclusionary amendment): “This was the compromise that moved forward as allowing both flexibility, but ensuring a baseline of contribution from the developer.” - Supervisor Kim (on Oracle contract): “I will still be voting against today's contract.” - Supervisor Ronan (on the Oracle contract): “I will be voting yes.” - Supervisor Yee (on sidewalks): “I resolutely believe that our sidewalks should be prioritized for humans.” - Supervisor Farrell (on emerging technology): “I just think it's a mistake to really ban things or to stick our heads in the sand.” - Supervisor Farrell (on flame-retardant ban): “This is the first in the nation to regulate any chemical used as a flame retardant.”

Ending The board’s actions advanced a mix of regulatory and project-level measures that the mayor and supervisors framed as part of broader priorities: speeding housing production, protecting public health and public spaces, and setting a framework for new technologies. Several measures will return to committee or for subsequent readings before final implementation.