# Board of Supervisors Minutes: October 21, 2014 - Meeting date: 2014-10-21 - Document type: minutes - Pages in official PDF: 21 - [Canonical HTML transcript](https://sfbos.info/documents/220/2014-10-21-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=346544&GUID=794154DE-D4CF-43B3-9423-7FE6E900E6F0) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 140381: Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee - Pages: 5-6 - Vote 1: amendment - Action: 0381 [Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee] Sponsor: Chiu Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; 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. Privilege of the floor was granted to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED in Administrative Code, Section 41A.5, by allowing short term rentals for no more than 90 days per year. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener - Vote 2: amendment - Action: Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED in Section 4(a-b), by making the ordinance operative only after the certification by the Treasurer/Tax Collector that all Hosting Platforms have remitted all Transient Occupancy Taxes that are due and payable. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener - Vote 3: amendment - Action: Supervisor Yee proposed an amendment relating to hosting platforms that have paid their taxes. The motion died due to a lack of a second. Supervisor Yee, seconded by Supervisor Mar, moved that this Ordinance be AMENDED in Section 41A.5(g)(2) by limiting short term rentals to 90 days and adding other restrictions for residential units located in RH-1(D) zoning districts. The motion FAILED by the following vote: - Ayes: Avalos, Campos, Kim, Mar, Yee - Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener - Vote 4: final-passage, likely final - Action: Ordinance No. 218-14 FINALLY PASSED by the following vote: - Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener - Noes: Avalos, Campos, Mar, Yee ### File 140798: Business and Tax Regulations Code - Amendments to Common Administrative Provisions, Business Registration, Payroll Expense Tax, and Gross Receipts Tax - Pages: 6 - Vote 1: first-reading - Action: 140798 [Business and Tax Regulations Code - Amendments to Common Administrative Provisions, Business Registration, Payroll Expense Tax, and Gross Receipts Tax] Sponsor: Chiu Ordinance amending the Business and Tax Regulations Code by revising the minimum filing amounts for the payroll expense tax and gross receipts tax and making the amounts consistent with administrative requirements for the small business exemptions; clarifying penalty and interest provisions; clarifying that each member of a combined group engaged in business in San Francisco must register with the Tax Collector; clarifying when annual adjustments must be made to the business registration fee; clarifying the basis of the business registration fee; and deleting obsolete registration provisions. Supervisor Chiu requested to be added as the sponsor. PASSED, ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 140874: Administrative, Subdivision Codes - Tenant Buyout Agreements - Pages: 6-7 - Vote 1: rescission - Action: ecome the subject of buyout negotiations; to require all buyout agreements to be in writing and to include certain statements about the tenant’s rights; to allow tenants to rescind buyout agreements for up to 45 days after the agreements are fully executed; to require landlords to file a copy of buyout agreements with the Rent Board; to require the Rent Board to create a publically available searchable database of buyout agreements; to require the Rent Board to provide an annual report to the Board of Supervisors regarding tenant buyouts; to authorize tenants to bring civil actions for actual damages and civil penalties against landlords who fail to provide the required disclosures about the tenants’ rights; to authorize certain non-profits to bring civil actions for a landlord’s failure to file a buyout agreement with the Rent Board; and amending the Subdivision Code to prohibit buildings from entering the condominium conversion lottery if the owners of the building have entered certain tenant buyout agreements. Supervisor Campos, seconded by Supervisor Kim, moved that this Ordinance be AMENDED on Page 7, Line 12, by changing ‘52’ to ‘59’. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee - Noes: Breed, Farrell, Tang, Wiener ## Extracted text ### [Page 6](https://sfbos.info/documents/220/2014-10-21-minutes#page-6) Board of Supervisors Meeting Minutes 10/21/2014 NEW BUSINESS Recommendations of the Budget and Finance Committee 140798 [Business and Tax Regulations Code - Amendments to Common Administrative Provisions, Business Registration, Payroll Expense Tax, and Gross Receipts Tax] Sponsor: Chiu Ordinance amending the Business and Tax Regulations Code by revising the minimum filing amounts for the payroll expense tax and gross receipts tax and making the amounts consistent with administrative requirements for the small business exemptions; clarifying penalty and interest provisions; clarifying that each member of a combined group engaged in business in San Francisco must register with the Tax Collector; clarifying when annual adjustments must be made to the business registration fee; clarifying the basis of the business registration fee; and deleting obsolete registration provisions. Supervisor Chiu requested to be added as the sponsor. PASSED, ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 140874 [Administrative, Subdivision Codes - Tenant Buyout Agreements] Sponsors: Campos; Avalos, Kim and Mar Ordinance amending the Administrative Code to require landlords to provide tenants with a disclosure of the tenants’ rights before the landlord commences buyout negotiations; to require landlords to file a form with the Rent Board indicating the address of the unit that may become the subject of buyout negotiations; to require all buyout agreements to be in writing and to include certain statements about the tenant’s rights; to allow tenants to rescind buyout agreements for up to 45 days after the agreements are fully executed; to require landlords to file a copy of buyout agreements with the Rent Board; to require the Rent Board to create a publically available searchable database of buyout agreements; to require the Rent Board to provide an annual report to the Board of Supervisors regarding tenant buyouts; to authorize tenants to bring civil actions for actual damages and civil penalties against landlords who fail to provide the required disclosures about the tenants’ rights; to authorize certain non-profits to bring civil actions for a landlord’s failure to file a buyout agreement with the Rent Board; and amending the Subdivision Code to prohibit buildings from entering the condominium conversion lottery if the owners of the building have entered certain tenant buyout agreements. Supervisor Campos, seconded by Supervisor Kim, moved that this Ordinance be AMENDED on Page 7, Line 12, by changing ‘52’ to ‘59’. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee Noes: 4 - Breed, Farrell, Tang, Wiener City and County of San Francisco Page 737 Printed at 2:13 pm on 12/4/14