Board of Supervisors Minutes: September 5, 2017

170834 [Planning Code - Inclusionary Affordable Housing Fee and 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; to require minimum dwelling unit mix in most residential districts; to clarify Inclusionary Housing requirements in the Transbay C-3 Special Use District; 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 Safai, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of September 12, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170859 [Administrative Code - Establishing an Office of Cannabis and Extending the Term of the Cannabis State Legalization Task Force] Sponsors: Sheehy; Cohen Ordinance amending the Administrative Code to establish an Office of Cannabis; to authorize the Director of the Office of Cannabis to issue permits to cannabis-related businesses; to direct the Director of the Office of Cannabis to collect permit application and annual license fees following the enactment of a subsequent ordinance establishing the amounts of those fees; and to extend the term of the Cannabis State Legalization Task Force. (Fiscal Impact) Ordinance No. 187-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170516 [Planning Code - Medical Cannabis Dispensaries in Supervisorial District 11] Sponsor: Safai Ordinance amending the Planning Code to limit the number of medical cannabis dispensaries in Supervisorial District 11 to three at any given time; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making a finding of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. Ordinance No. 186-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: Fewer, Kim

ction, Distribution, and Repair (Core Production, Distribution, and Repair) (PDR-2), and Industrial (Heavy Industrial) (M-2) zoning districts where they would not be permitted; remove certain notice requirements for Child Care Facilities; make other conforming changes to references to the definition of Child Care Facility; 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. (Planning Commission) Supervisors Cohen, Breed, and Fewer requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 16-25, by adding a new ‘Section 2’ that references previously passed Ordinance Nos. 129-17 and 166-17 and how their recent passage affects this proposed Ordinance; and making other clarifying and conforming changes. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170480 [Authorizing New Program Administrators - California Statewide Communities Development Authority Open Property-Assessed Clean Energy Program - Soft Story and Renewable Energy Financing] Sponsor: Farrell Resolution authorizing new program administrators in the California Statewide Communities Development Authority (“CSCDA”) Open Property-Assessed Clean Energy Program; authorizing the CSCDA to accept applications from property owners, conduct contractual assessment proceedings, and levy contractual assessments within the territory of the City and County of San Francisco; and authorizing related actions as defined in this Resolution. Resolution No. 324-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170481 [Execution of Member Acknowledgement Addendums - Regional Collaborative Services Agreement - Association of Bay Area Governments] Sponsor: Farrell Resolution authorizing the execution of member acknowledgement addendums of the Regional Collaborative Services Agreement with the Association of Bay Area Governments to safeguard consumer interest of San Francisco residents’ participation in residential Property-Assessed Clean Energy (“PACE”) Programs. Resolution No. 325-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170482 [Authorizing Inclusion of City Properties in Golden State Finance Authority Property-Assessed Clean Energy Program] Sponsor: Farrell Resolution authorizing inclusion of properties within the City and County of San Francisco in the Golden State Finance Authority Property-Assessed Clean Energy Program to finance renewable energy generation, energy and water efficiency improvements, electric vehicle charging infrastructure, and other authorized improvements. Resolution No. 326-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170483 [Authorizing Inclusion of City Properties in Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) Property-Assessed Clean Energy Programs] Sponsor: Farrell Resolution authorizing inclusion of properties within the City and County of San Francisco’s territory in the Golden State Finance Authority Community Facilities District No. 2014-1 (Clean Energy) Property-Assessed Clean Energy Program to finance renewable energy improvements, energy efficiency and water conservation improvements, electric vehicle charging infrastructure, and other authorized improvements. Resolution No. 327-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170484 [Authorizing Inclusion of Figtree Property-Assessed Clean Energy (“PACE”) Program in California Enterprise Development Renewable PACE Programs] Sponsor: Farrell Resolution authorizing the inclusion of the Figtree Property-Assessed Clean Energy (“PACE”) Program in the City and County of San Francisco’s Renewable PACE Program through the California Enterprise Development Authority; and authorizing the California Enterprise Development Authority to conduct contractual assessment proceedings and levy contractual assessments within the territory of the City and County of San Francisco; and authorizing related actions, as defined herein. Resolution No. 328-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170485 [Authorizing Inclusion of City Properties in California Municipal Finance Authority Open Property-Assessed Clean Energy Programs] Sponsor: Farrell Resolution authorizing the inclusion of properties within the territory of the City and County of San Francisco in the California Municipal Finance Authority Open Property-Assessed Clean Energy (“PACE”) Programs; authorizing the California Municipal Finance Authority to accept applications from City property owners, conduct contractual assessment proceedings and levy contractual assessments within the territory of the City and County of San Francisco; and authorizing related actions, as defined herein. Resolution No. 329-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170486 [Authorizing Agreement for Collection of Special Taxes and Contractual Assessments - San Francisco Property-Assessed Clean Energy Program] Sponsor: Farrell Resolution approving and authorizing execution of an agreement for collection of special taxes and contractual assessments between the City and County of San Francisco and the Golden State Finance Authority for residential, commercial, industrial and agricultural properties to address high up-front costs for property owners who wish to improve their properties through installation of measures that will generate renewable energy or reduce their energy and water use through a Property-Assessed Clean Energy ("PACE") Program; and authorizing related actions, as defined herein. Resolution No. 330-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170694 [Real Property Lease - Raul and Denise Arriaza and The Olson Family Trust - 1315, 1319 Evans St. - $40,608 Annual Base Rent] Resolution authorizing the lease of approximately 1,128 square feet at 1315, 1319 Evans Street with one parking stall, with Raul and Denise Arriaza as to an undivided 50% interest, and The Olson Family Trust, dated October 16, 2014, as to an undivided 50% interest, for a five year term commencing upon approval by the Board of Supervisors and Mayor, with one five-year option to extend, at the monthly base rent of $3,384 for a total annual base rent of $40,608. (Adult Probation) Resolution No. 332-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170801 [Contract Modification - Allied Universal Security - Security Services - Total Contract Amount of $22,802,311] Resolution approving a modification of the contract between the City and County of San Francisco and Allied Universal Security, for the provision of Security Services for the period of February 1, 2014, through January 31, 2018, with no change to the term, to increase the amount by $3,016,919 resulting in a total contract amount of $22,802,311. (Human Services Agency) (Fiscal Impact) Resolution No. 333-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170610 [Top of Broadway Community Benefit District - Annual Report for FY2015-2016] Sponsor: Peskin Resolution receiving and approving an annual report for the Top of Broadway Community Benefit District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 331-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170824 [Accept Gift - Playworld Systems Inc. - Treasure Island Development Authority - New Playground Equipment - Valued at $110,000] Sponsor: Kim Resolution authorizing the Treasure Island Development Authority to enter into a gift agreement with Playworld Systems Inc. for the installation of new playground equipment at Treasure Island valued at $110,000. Resolution No. 334-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170552 [Amending Ordinance No. 1061 - Sidewalk Width Change - Masonic Avenue at Fulton and Turk Streets] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to reduce the official sidewalk width of certain locations along Masonic Avenue at the southwest corner of the intersection of Masonic Avenue and Fulton Street, and the northeast corner of the intersection of Masonic Avenue and Turk Street; 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. (Public Works) PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170130 [Street Encroachment Permit - 45 Lansing Development, LLC - Shared Public Way on Lansing Street Fronting 45 Lansing Street] Sponsor: Kim Resolution granting revocable permission to 45 Lansing Development, LLC, to occupy and maintain the Lansing Street Shared Public Way on Lansing Street between Guy Place and 1st Street fronting 45 Lansing Street (Assessor’s Parcel Block No. 3749, Lot No. 059); adopting environmental findings under the California Environmental Quality Act; and making findings of consistency the General Plan, and with the eight priority policies of Planning Code, Section 101.1. Resolution No. 323-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170849 [Reappointment, Entertainment Commission - Laura Thomas] Motion reappointing Laura Thomas, for a term ending July 1, 2021, to the Entertainment Commission. (Rules Committee) Motion No. M17-118 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170850 [Reappointment, Graffiti Advisory Board - Amy Landgraf] Motion reappointing Amy Landgraf (residency requirement waived), term ending April 10, 2019, to the Graffiti Advisory Board. (Rules Committee) Motion No. M17-119 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

f of Jason Henderson) (Filed July 17, 2017) (Clerk of the Board) President Breed opened the public hearing and indicated she would be entertaining a motion to continue this appeal to a later date. The President then inquired as to whether any member of the public wished to address the Board on the proposed continuance. Jason Henderson (Appellant) provided a brief overview of the appeal and in support of the continuance. Mike Anderson; Sasha; Jim Morshell; Marc Salomon; Depy Darb; Tony Robles; Eric Brooks; Andy Thorton; Tess Welborn; Maurie Nelson; Laurie Lederman; Mary Corrine; Norm Dabelman; Denise Ceblo; Peter Mackelman; Mike Welch; David Woo; Angel Orfint; Robin; Marlene Morgan; David Berstein; Jiro Yamamoto; Richard; Rufus Watkins; Howard; Female Speaker; Jennifer Kiebler; Male Speaker; Male Speaker; Todd David; Sue Hestor; spoke on various concerns relating to the appeal and the proposed continuance. There were no other speakers. President Breed closed public comment on the continuance. Supervisor Peskin, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of September 12, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Noes: None

Absent: Safai

170813 [Affirming the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 1500-1540 Market Street (One Oak Street). (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 12, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Noes: None

Absent: Safai

170814 [Conditionally Reversing the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 1500-1540 Market Street (One Oak Street), subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 12, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Noes: None

Absent: Safai

170815 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the proposed project at 1500-1540 Market Street (One Oak Street). (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 12, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Noes: None

Absent: Safai

170750 [General Plan Amendments - One Oak Street Project] Ordinance amending the General Plan by revising the height and bulk designations for the One Oak Street project, at the Van Ness Avenue / Oak Street / Market Street Intersection, Assessor’s Parcel Block No. 0836, Lot Nos. 001 and 005, on Map 3 of the Market and Octavia Area Plan and on Map 5 of the Downtown Area Plan; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan as proposed for amendment, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 340. (Planning Commission) Supervisor Peskin, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of September 12, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Ordinance amending the Planning Code by revising Sheet HT07 of the Zoning Map, to change the height and bulk district classification of Assessor’s Parcel Block No. 0836, portions of Lot Nos. 001 and 005, for the One Oak Project, at the Van Ness Avenue / Oak Street / Market Street Intersection, as follows: rezoning the eastern portion of the property, along Van Ness Avenue, located at Assessor’s Parcel Block No. 0836, Lot No. 001 (1500 Market Street), from 120/400-R-2 to 120-R-2; rezoning the central portion of the property, located at Assessor’s Parcel Block No. 0836, Lot No. 005 (1540 Market Street), from 120-R-2 to 120/400-R-2; affirming the Planning Commission’s determination under the California Environmental Quality Act; and making findings, including findings of public necessity, convenience and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) Supervisor Peskin, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of September 12, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170894 [Affirming the Final Environmental Impact Report Certification - Alameda Creek Recapture Project] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the San Francisco Public Utilities Commission's proposed Alameda Creek Recapture Project. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170895 [Conditionally Reversing the Final Environmental Impact Report Certification - Alameda Creek Recapture Project] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report for the San Francisco Public Utilities Commission’s proposed Alameda Creek Recapture Project, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Motion No. M17-120 Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170896 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Alameda Creek Recapture Project] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the San Francisco Public Utilities Commission’s proposed Alameda Creek Recapture Project. (Clerk of the Board) Motion No. M17-121 Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be APPROVED, and to direct the findings be based on significant new information provided by the National Marine Fisheries Service that additional environmental analysis is required on the operational impacts of the project on steelhead in the lower watershed as a result of project-induced effects on streamflow in Alameda Creek, and to require the Planning Department enlist an independent third party review of the groundwater/surface water model to determine if the current model adequately and accurately analyzes the fisheries issues as required by CEQA. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170802 [California Environmental Quality Act Findings - San Francisco Public Utilities Commission Water System Improvement Program, Alameda Creek Recapture Project] Resolution adopting findings under the California Environmental Quality Act related to modifications to the San Francisco Public Utilities Commission Water System Improvement Program, Alameda Creek Recapture Project, located in Sunol Valley in Alameda County, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) Supervisor Peskin, seconded by Supervisor Tang, moved that this Resolution be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

osed project at 2505 Noriega Street, approved on July 13, 2017, to change the use from retail pharmacy to Medical Cannabis Dispensary, interior tenant improvements, and repair/in-kind replacement of storefront material finishes. (District 4) (Appellant: Wilson Chu, on behalf of Zhiming Bi) (Filed August 14, 2017) (Clerk of the Board) President Breed opened the public hearing. Supervisor Tang provided opening remarks and indicated she would be making a motion to continue this appeal mattes to a later date. The President then inquired as to whether any member of the public wished to address the Board on the proposed continuance. Ray Hacke; Andrew Yip; Female Speaker; Stella Cahill; Mary Kane; Female Speaker; Suzanne Cachill; Sherry; Mary Ha; Peter; Alice Hong; Female Speaker; Male Speaker; Female Speaker; Sonya Ng; Dewig; spoke on various concerns relating to the appeal and the proposed continuance. There were no other speakers. President Breed closed public comment on the continuance. Supervisor Tang, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170918 [Affirming the Categorical Exemption Determination - 2505 Noriega Street] Motion affirming the determination by the Planning Department that a proposed project at 2505 Noriega Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170919 [Conditionally Reversing the Categorical Exemption Determination - 2505 Noriega Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 2505 Noriega Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170920 [Preparation of Findings to Reverse the Categorical Exemption Determination - 2505 Noriega Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 2505 Noriega Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

(dba "The Apothecarium") within the Noriega Street Neighborhood Commercial District and a 40-X height and bulk district; and adopting findings under the California Environmental Quality Act. (District 4) (Appellant: Ray Hacke of Pacific Justice Institute, on behalf of Ark of Hope Preschool) (Filed July 27, 2017) (Clerk of the Board) President Breed opened the public hearing. Supervisor Tang provided opening remarks and indicated she would be making a motion to continue this appeal mattes to a later date. The President then inquired as to whether any member of the public wished to address the Board on the proposed continuance. Ray Hacke; Andrew Yip; Female Speaker; Stella Cahill; Mary Kane; Female Speaker; Suzanne Cachill; Sherry; Mary Ha; Peter; Alice Hong; Female Speaker; Male Speaker; Female Speaker; Sonya Ng; Dewig; spoke on various concerns relating to the appeal and the proposed continuance. There were no other speakers. President Breed closed public comment on the continuance. Supervisor Tang, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170899 [Approving Conditional Use Authorization - Proposed Project at 2505 Noriega Street] Motion approving the decision of the Planning Commission by its Motion No. 19961, approving a Conditional Use Authorization identified as Planning Case No. 2014-003153CUA for a proposed project located at 2505 Noriega Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170900 [Conditionally Disapproving Conditional Use Authorization - Proposed Project at 2505 Noriega Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 19961, approving a Conditional Use Authorization identified as Planning Case No. 2014-003153CUA for a proposed project located at 2505 Noriega Street, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170901 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2505 Noriega Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2014-003153CUA for a proposed project located at 2505 Noriega Street. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 3, 2017, at 4:30 p.m. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170441 [Health Code - Banning the Sale of Flavored Tobacco Products] Sponsors: Cohen; Safai, Breed, Farrell, Sheehy, Tang and Yee Ordinance amending the Health Code to prohibit tobacco retailers from selling flavored tobacco products, including menthol cigarettes. (Economic Impact) NOT REPEALED by the following vote:

Ayes: None

Noes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170929 [Final Map 9072 - 800 Indiana Street] Motion approving Final Map 9072, a 326 residential unit condominium project, located at 800 Indiana Street, being a subdivision of Assessor’s Parcel Block No. 4105, Lot No. 009, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M17-124 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170888 [Committee of the Whole - Tax Sale of Presidio Terrace Common Area - November 28, 2017] Motion directing the Clerk of the Board of Supervisors to schedule a Committee of the Whole hearing on October 31, 2017, at 3:00 p.m. to consider rescission of the tax sale of the Presidio Terrace Common Area, pursuant to California Revenue and Taxation Code, Section 3731; and establishing the process and conduct of the hearing. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Ronen, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by changing the scheduled Committee of the Whole hearing date from October 31, 2017, to November 28, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 5-8, by adding 'FURTHER MOVED, That the petitioner or its representative shall submit the names and addresses of interested parties to be notified of the hearing to the Office of the Clerk of the Board no later than 12:00 noon on Friday, October 6, 2017, and those parties will be notified in addition the purchaser of the property or successor of interest; and, be it;' and Lines 17-24, by adding 'FURTHER MOVED, That the petitioner or its representative and the purchaser or successor of interest shall submit any written briefs and documentation they want available to the Board members prior to the hearing and included in the packet materials no later than 12:00 noon on Friday, November 17, 2017, and the Tax Collector and City departments shall submit their responses to the petitioner, any written briefs and documentation no later than Monday, November 20, 2017; any written briefs and documentation received after these deadlines may not be a part of the hearing packet materials and the submitting party shall be responsible for distribution; and, be it'. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Motion No. M17-125 APPROVED AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170914 [Adoption of Findings Related to Conditional Use Authorization - Proposed Project at 824 Hyde Street] Motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 19926, regarding the Conditional Use Authorization identified as Planning Case No. 2016-010544CUA for a proposed project located at 824 Hyde Street. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 5-7, by striking 'in fact, there are currently no tourist hotels on Hyde Street between Fisherman’s Wharf and Market Street, and the proposed project would be the first' and adding 'and that replacing rent controlled housing with any other type of development or use that does not serve working families and individuals creates harmful precedent for the rest of the City’s at-risk rent controlled housing stock'. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

Motion No. M17-126 APPROVED AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

City and County of San Francisco Page 641 Printed at 3:13 pm on 10/6/17 Board of Supervisors Meeting Minutes 9/5/2017 Supervisor Sheehy was noted absent at 6:19 p.m. Supervisor Sheehy Excused from Attendance Supervisor Kim, seconded by Supervisor Yee, moved that Supervisor Sheehy be excused beginning at 6:19 p.m. and for the remainder of the meeting. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: None

Excused: Sheehy

170936 [Committee of the Whole - Closing of Skilled Nursing and Sub-Acute Unit at St. Luke’s Hospital - September 12, 2017] Sponsor: Safai Motion directing the Clerk of the Board of Supervisors to schedule a Committee of the Whole hearing on September 12, 2017, at 3:00 p.m., for the Members of the Board of Supervisors to discuss the closing of the skilled nursing and sub-acute units at St. Luke’s Hospital, as well as legislative solutions; and requesting the Department of Public Health, Human Services Agency, and Office of Economic and Workforce Development to report. President Breed inquired as to whether any member of the public wished to address the Board relating to the Motion to Sit as a Committee of the Whole to discuss the closing of skilled nursing and sub-acute units at St. Luke’s Hospital as referenced in File No. 170936. Tom Gilberty; shared concerns regarding the closing of certain units at St.Luke’s Hospital. The President declared public comment closed. Motion No. M17-127 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: None

Excused: Sheehy