# Board of Supervisors Minutes: July 11, 2017 - Meeting date: 2017-07-11 - Document type: minutes - Source format: PDF - Extracted pages: 30 - [Canonical HTML transcript](https://sfbos.info/documents/452/2017-07-11-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=556375&GUID=07B0A3B3-B2D7-4FF4-A862-3AEBAE5BAA7D) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 170271: Administrative Code - Transfer of Moscone Center Garage and Performing Arts Garage to Municipal Transportation Agency - Pages: 7-8 - Vote 1: amendment - Action: Agency; assigning a ground lease for certain Public Works property for access between the Performing Arts Garage and Gough Street; affirming the 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. (Municipal Transportation Agency) Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Line 2, by adding ‘At the present time, San Francisco Municipal Transportation Agency, Office of Economic and Workforce Development, and Mayor’s Office of Housing and Community Development have been developing a proposal for the Moscone Garage that includes potential development of a hotel and associated uses, and affordable housing units. The current proposed scenario, which is subject to change based on public input, environmental review, and other factors including discussions around Central SoMa community facilities and Yerba Buena Gardens benefits, includes 650 hotel rooms and 100 units of affordable housing.’ after ‘Board of Supervisors.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 161351: Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements - Pages: 8-9 - Sponsors: Breed; Kim, Peskin, Safai and Tang - Vote 1: amendment - Action: 161351 [Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements] Sponsors: Breed; Kim, Peskin, Safai and Tang Ordinance amending the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; 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 unanimously to Jon Givner and Kate Stacy (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding a new Planning Code ‘Section 207.7 - Required Minimum Dwelling Unit Mix.’ The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang - Noes: Yee - Vote 2: amendment - Action: rity policies of Planning Code, Section 101.1. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Before the vote was taken, Supervisor Kim withdrew this motion. Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 24, Line 17-19, by striking ‘For any affordable units with purchase prices set at 130% of Area Median Income or above, studio units shall not be allowed.’; on Page 25, Lines 9-10, by striking ‘For any affordable units with rental rates set at 110% of Area Median Income or above, studio units shall not be allowed.’; on Page 38, Lines 4-5, by striking ‘For any affordable units with rental rates set at 100% of Area Median Income or above, studio units shall not be allowed.’; on Page 39, Lines 3-5, by striking ‘For any affordable units with rental rates set at 100% of Area Median Income or above, studio units shall not be allowed.’; further amending Section 415.6(a)(2); and making other clarifying and conforming changes in Sections 415.6(a)(3), 415.7(a)(3), and 415.7(a)(4). The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 3: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 170349: Administrative Code - Owner Move-In Reporting Requirements - Pages: 9-10 - Sponsors: Farrell; Sheehy, Cohen and Breed - Vote 1: amendment - Action: tandard for finding that an OMI was not performed in good faith; require a landlord to file documentation with the Rent Board regarding the status of an OMI, with a penalty for not filing such documentation, and requiring the Rent Board to transmit a random sampling of such documentation to the District Attorney; extend from three to five years the time period after an OMI during which a landlord who intends to re-rent the unit must first offer the unit to the displaced tenant; provide that a landlord who charges above the maximum allowable rent during the five-year period after an OMI is guilty of a misdemeanor; require the Rent Board to annually notify the unit occupant of the maximum rent for the unit for five years after an OMI, and authorize the occupant to sue for three times any excess rent charged; extend the statute of limitations for wrongful eviction claims based on an unlawful OMI from one year to five years; and making clarifying changes. Supervisor Peskin, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 17, Lines 1-8, by adding a ‘Severability’ clause. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ## Extracted text ### [Page 8](https://sfbos.info/documents/452/2017-07-11-minutes#page-8) Board of Supervisors Meeting Minutes 7/11/2017 Recommendation of the Land Use and Transportation Committee 161351 [Planning Code - Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements] Sponsors: Breed; Kim, Peskin, Safai and Tang Ordinance amending the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; 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 unanimously to Jon Givner and Kate Stacy (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding a new Planning Code ‘Section 207.7 - Required Minimum Dwelling Unit Mix.’ The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang Noes: 1 - Yee Ordinance amending the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; to require minimum dwelling unit mix in most residential districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. Before the vote was taken, Supervisor Kim withdrew this motion. Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 24, Line 17-19, by striking ‘For any affordable units with purchase prices set at 130% of Area Median Income or above, studio units shall not be allowed.’; on Page 25, Lines 9-10, by striking ‘For any affordable units with rental rates set at 110% of Area Median Income or above, studio units shall not be allowed.’; on Page 38, Lines 4-5, by striking ‘For any affordable units with rental rates set at 100% of Area Median Income or above, studio units shall not be allowed.’; on Page 39, Lines 3-5, by striking ‘For any affordable units with rental rates set at 100% of Area Median Income or above, studio units shall not be allowed.’; further amending Section 415.6(a)(2); and making other clarifying and conforming changes in Sections 415.6(a)(3), 415.7(a)(3), and 415.7(a)(4). The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 535 Printed at 5:27 pm on 9/6/17 ### [Page 9](https://sfbos.info/documents/452/2017-07-11-minutes#page-9) Board of Supervisors Meeting Minutes 7/11/2017 Referred Without Recommendation from the Land Use and Transportation Committee 170349 [Administrative Code - Owner Move-In Reporting Requirements] Sponsors: Farrell; Sheehy, Cohen and Breed Ordinance amending the Administrative Code regarding owner move-in and relative move-in (“OMI”) evictions to require a landlord seeking to recover possession of a unit for an OMI to provide a declaration under penalty of perjury stating that the landlord intends to occupy the unit for use as the principal place of residence of the landlord or the landlord’s relative for at least 36 continuous months; require a landlord to provide the tenant with a form prepared by the Rent Board to be used to advise the Rent Board of any change in address; clarify the evidentiary standard for finding that an OMI was not performed in good faith; require a landlord to file documentation with the Rent Board regarding the status of an OMI, with a penalty for not filing such documentation, and requiring the Rent Board to transmit a random sampling of such documentation to the District Attorney; extend from three to five years the time period after an OMI during which a landlord who intends to re-rent the unit must first offer the unit to the displaced tenant; provide that a landlord who charges above the maximum allowable rent during the five-year period after an OMI is guilty of a misdemeanor; require the Rent Board to annually notify the unit occupant of the maximum rent for the unit for five years after an OMI, and authorize the occupant to sue for three times any excess rent charged; extend the statute of limitations for wrongful eviction claims based on an unlawful OMI from one year to five years; and making clarifying changes. Supervisor Peskin, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 17, Lines 1-8, by adding a ‘Severability’ clause. The motion carried by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 536 Printed at 5:27 pm on 9/6/17