# 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

### File 140979: Park Code - Flexible Pricing at Gleneagles Golf Course; Lease Amendment - Gleneagles Golf Partners, LP - Operation of Gleneagles Golf Course - Percentage of Gross Revenues

- Pages: 7
- Vote 1: first-reading
  - Action: 140979 [Park Code - Flexible Pricing at Gleneagles Golf Course; Lease Amendment - Gleneagles Golf Partners, LP - Operation of Gleneagles Golf Course - Percentage of Gross Revenues] Sponsor: Cohen Ordinance amending the Park Code to authorize flexible pricing at Gleneagles Golf Course in McLaren Park; approving the amendment and extension of a lease with Gleneagles Golf Partners, LP, for operation of the Gleneagles Golf Course commencing on the effective date of this Ordinance and ending November 30, 2022, for 7% of gross revenues, subject to conditions, incentives, participation rent, and rent credits; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

### File 140759: Mental Health Services Act 2014-2017 Integrated Plan

- Pages: 7
- Vote 1: adoption, likely final
  - Action: 140759 [Mental Health Services Act 2014-2017 Integrated Plan] Resolution adopting the Mental Health Services Act 2014-2017 Integrated Plan. (Public Health Department) Resolution No. 390-14 ADOPTED by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

### File 140848: Grant Agreement Modifications - Institute on Aging - Not to Exceed $38,993,299

- Pages: 7
- Vote 1: adoption, likely final
  - Action: 140848 [Grant Agreement Modifications - Institute on Aging - Not to Exceed $38,993,299] Sponsor: Mar Resolution approving the grant agreements between the City and County of San Francisco and the non-profit Institute on Aging to provide Adult Day Health/Adult Day Care, Alzheimer’s Day Care Resource Center, Case Management, Center for Elderly Suicide Prevention, Citywide Information and Assistance Supervisor, Clinical Supervision Collaborative, Community Living Fund, Elder Abuse Prevention, Forensic Center, Linkages, and Young Adults with Disabilities Home-Delivered Meals Assessment services to seniors and adults with disabilities during the period of July 1, 2010, to June 30, 2019, for a total not to exceed the amount of $38,993,299. (Fiscal Impact) Supervisor Mar requested to be added as the sponsor. Resolution No. 391-14 ADOPTED by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

### File 140907: Annual Performance Contract Renewal - California Department of Health Care Services - Mental Health Services

- Pages: 7-8
- Vote 1: adoption, likely final
  - Action: 140907 [Annual Performance Contract Renewal - California Department of Health Care Services - Mental Health Services] Resolution retroactively approving Performance Contract No. 14-90344 between Community Behavioral Health Services and the Department of Health Care Services, incorporating the Mental Health Services Act, Projects for Assistance in Transition from Homelessness, the Mental Health Plan, and Community Mental Health Services Grant for the period of July 1, 2014, through June 30, 2015. (Public Health Department) (Fiscal Impact) Resolution No. 392-14 ADOPTED by the following vote:
  - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

## 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




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### [Page 7](https://sfbos.info/documents/220/2014-10-21-minutes#page-7)

Board of Supervisors                             Meeting Minutes                                              10/21/2014



140979 [Park Code - Flexible Pricing at Gleneagles Golf Course; Lease Amendment -
       Gleneagles Golf Partners, LP - Operation of Gleneagles Golf Course - Percentage of
       Gross Revenues]
            Sponsor: Cohen
            Ordinance amending the Park Code to authorize flexible pricing at Gleneagles Golf Course in
            McLaren Park; approving the amendment and extension of a lease with Gleneagles Golf Partners,
            LP, for operation of the Gleneagles Golf Course commencing on the effective date of this
            Ordinance and ending November 30, 2022, for 7% of gross revenues, subject to conditions,
            incentives, participation rent, and rent credits; and affirming the Planning Department’s
            determination under the California Environmental Quality Act.
            PASSED, ON FIRST READING by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee


140759 [Mental Health Services Act 2014-2017 Integrated Plan]
            Resolution adopting the Mental Health Services Act 2014-2017 Integrated Plan. (Public Health
            Department)
            Resolution No. 390-14
            ADOPTED by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee


140848 [Grant Agreement Modifications - Institute on Aging - Not to Exceed $38,993,299]
            Sponsor: Mar
            Resolution approving the grant agreements between the City and County of San Francisco and
            the non-profit Institute on Aging to provide Adult Day Health/Adult Day Care, Alzheimer’s Day Care
            Resource Center, Case Management, Center for Elderly Suicide Prevention, Citywide Information
            and Assistance Supervisor, Clinical Supervision Collaborative, Community Living Fund, Elder
            Abuse Prevention, Forensic Center, Linkages, and Young Adults with Disabilities Home-Delivered
            Meals Assessment services to seniors and adults with disabilities during the period of July 1, 2010,
            to June 30, 2019, for a total not to exceed the amount of $38,993,299.
            (Fiscal Impact)
            Supervisor Mar requested to be added as the sponsor.
            Resolution No. 391-14
            ADOPTED by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee


140907 [Annual Performance Contract Renewal - California Department of Health Care
       Services - Mental Health Services]
            Resolution retroactively approving Performance Contract No. 14-90344 between Community
            Behavioral Health Services and the Department of Health Care Services, incorporating the Mental
            Health Services Act, Projects for Assistance in Transition from Homelessness, the Mental Health
            Plan, and Community Mental Health Services Grant for the period of July 1, 2014, through June
            30, 2015. (Public Health Department)
            (Fiscal Impact)
            Resolution No. 392-14
            ADOPTED by the following vote:
                 Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee



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