# Board of Supervisors Minutes: July 19, 2016

- Meeting date: 2016-07-19
- Document type: minutes
- Source format: PDF
- Extracted pages: 46
- [Canonical HTML transcript](https://sfbos.info/documents/363/2016-07-19-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=499753&GUID=89E40960-50AB-407A-9170-A21956C2E116)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 160382: Administrative Code - Establishing Downtown Neighborhoods Preservation Fund; Street Vacation and Sale of Property at Jessie Street and Elim Alley - Oceanwide Center, LLC - Oceanwide Center Project - Approximately $36,000,000

- Pages: 26-27
- Sponsors: Mayor; Kim
- Vote 1: first-reading
  - Action: e vacated area by and between the City and Oceanwide Center, LLC; waiving approximately $27,000,000 of affordable housing fees under Planning Code, Sections 413 et seq. and 415 et seq., and requiring Oceanwide Center, LLC, as part of the agreement for the sale of real estate, to pay the equivalent fee amount to the aforementioned Fund; approving a vehicular and pedestrian easement and an overland water flow easement over a portion of Assessor's Parcel Block No. 3708, Lot No. 012, where Jessie Street will be rerouted; approving an emergency vehicle access easement and commercial vehicle access easement; accepting the Public Works Order concerning the street vacations; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the street vacation and all other actions contemplated in this ordinance are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; making findings of public necessity, convenience, and general welfare under Planning Code, Section 302; and authorizing actions in furtherance of this Ordinance, as defined herein. PASSED ON FIRST READING by the following vote:
  - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Noes: Peskin

### File 160676: Public Hearing - Appeal of Categorical Exemption from Environmental Review - 3516-3526 Folsom Street

- Pages: 27

### File 160677: Affirming the Categorical Exemption Determination - 3516-3526 Folsom Street

- Pages: 27
- Vote 1: tabling
  - Action: 160677 [Affirming the Categorical Exemption Determination - 3516-3526 Folsom Street] Motion affirming the determination by the Planning Department that a proposed project at 3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee
  - Excused: Campos

### File 160678: Reversing the Categorical Exemption Determination - 3516-3526 Folsom Street

- Pages: 27-28
- Vote 1: tabling
  - Action: 160678 [Reversing the Categorical Exemption Determination - 3516-3526 Folsom Street] Motion reversing the determination by the Planning Department that a proposed project at 3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee
  - Excused: Campos

### File 160679: Preparation of Findings to Reverse the Categorical Exemption Determination - 3516-3526 Folsom Street

- Pages: 28
- Vote 1: tabling
  - Action: 160679 [Preparation of Findings to Reverse the Categorical Exemption Determination - 3516-3526 Folsom Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee
  - Excused: Campos

### File 160803: Hearing - Initiative Ordinance (File No. 160604) - Business and Tax Regulations Code - Increase Real Property Transfer Tax on Properties of At Least $5,000,000

- Pages: 28-29

## Extracted text

### [Page 27](https://sfbos.info/documents/363/2016-07-19-minutes#page-27)

Board of Supervisors                             Meeting Minutes                                                7/19/2016




SPECIAL ORDER 3:00 P.M.
            President Breed requested File Nos. 160676, 160677, 160678, and 160679 be called together.



Supervisor Campos Excused from Voting
            Supervisor Farrell, seconded by Supervisor Yee, moved that Supervisor Campos be excused from
            voting on File Nos. 160676, 160677, 160678, and 160679 related to the 3516-3526 Folsom Street appeal.
            The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee
                 Excused: 1 - Campos


160676 [Public Hearing - Appeal of Categorical Exemption from Environmental Review -
       3516-3526 Folsom Street]
            Hearing of persons interested in or objecting to the determination of categorical exemption from
            environmental review under the California Environmental Quality Act issued by the Planning
            Department on March 26, 2014, for a proposed project to allow the construction of two
            3,000-square-foot single-family residences on two vacant lots at 3516-3526 Folsom Street.
            (District 9) (Appellant: Ryan J. Patterson, on behalf of the Bernal Heights South Slope
            Organization, Bernal Safe & Liveable, Neighbors Against the Upper Folsom Street Extension,
            Marcus Ryu, and Ann Lockett) (Filed June 3, 2016). (Clerk of the Board)
            President Breed opened the public hearing and informed the Board and members of the public
            that the motions related to this appeal will be tabled because the Planning Department has
            rescinded the categorical exemption determination. The President then inquired as to whether
            any member of the public wished to address the Board on the tabling of these matters. Ryan
            Patterson; Female Speaker; Sara Thomas; Stephanie Caldwell; Herb Feltonfell; Robert Cochran;
            Female Speaker; Charles Olson; spoke on various concerns related to the project and appeal.
            There were no other speakers. The President declared the public hearing closed.
            HEARD AND FILED


160677 [Affirming the Categorical Exemption Determination - 3516-3526 Folsom Street]
            Motion affirming the determination by the Planning Department that a proposed project at
            3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board)
            Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion
            carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee
                 Excused: 1 - Campos


160678 [Reversing the Categorical Exemption Determination - 3516-3526 Folsom Street]
            Motion reversing the determination by the Planning Department that a proposed project at
            3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board)
            Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion
            carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee
                 Excused: 1 - Campos




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### [Page 28](https://sfbos.info/documents/363/2016-07-19-minutes#page-28)

Board of Supervisors                             Meeting Minutes                                               7/19/2016



160679 [Preparation of Findings to Reverse the Categorical Exemption Determination -
       3516-3526 Folsom Street]
            Motion directing the Clerk of the Board to prepare findings reversing the determination by the
            Planning Department that a proposed project at 3516-3526 Folsom Street is categorically exempt
            from environmental review. (Clerk of the Board)
            Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion
            carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee
                 Excused: 1 - Campos



SPECIAL ORDER 3:00 P.M.
            President Breed requested File Nos. 160803 and 160604 be called together.



Board of Supervisors Sitting as a Committee of the Whole

160803 [Hearing - Initiative Ordinance (File No. 160604) - Business and Tax Regulations
       Code - Increase Real Property Transfer Tax on Properties of At Least $5,000,000]
            Hearing of the Board of Supervisors sitting as a Committee of the Whole on July 19, 2016, at 3:00
            p.m., to consider the Motion (File No. 160604) ordering submitted to the voters, at an election to
            be on held November 8, 2016, an Ordinance amending the Business and Tax Regulations Code
            to increase the Real Property Transfer Tax rate from 2% to 2.25% on properties with a
            consideration or value of at least $5,000,000 and less than $10,000,000; from 2.5% to 2.75% on
            properties with a consideration or value of at least $10,000,000 and less than $25,000,000; and
            from 2.5% to 3% on properties with a consideration or value of at least $25,000,000, and to clarify
            the application of the Real Property Transfer Tax to transfers of ownership interests in legal
            entities; and increasing the City’s appropriations limit by the amount of the tax increase for four
            years from November 8, 2016. (Clerk of the Board)
            President Breed opened the public hearing and inquired as to whether any member of the public
            wished to address the Committee of the Whole relating to the amendments of the proposed
            Initiative Ordinance as referenced in File No. 160604. There were no other speakers. The
            President declared the public hearing closed, adjourned as the Committee of the Whole, and
            reconvened as the Board of Supervisors.
            HEARD AND FILED




Committee of the Whole Adjourn and Report




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