# Board of Supervisors Minutes: November 14, 2017 - Meeting date: 2017-11-14 - Document type: minutes - Pages in official PDF: 34 - [Canonical HTML transcript](https://sfbos.info/documents/474/2017-11-14-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=574018&GUID=F3CDEBB0-9FB2-4C74-BB93-B198A0DD8F18) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 171131: Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving Street - Pages: 16-17 - Vote 1: continuance - Action: 171131 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving 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. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street. (Clerk of the Board) Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 5, 2017, at 4:30 p.m. The motion carried by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen ### File 171119: Multifamily Housing Revenue Notes - 171 Loehr Street and 1250 Sunnydale Avenue (“Britton Courts Apartments”) - Not to Exceed $76,000,000 - Pages: 17-18 - Vote 1: adoption, likely final - Action: to exceed $76,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 92-unit multifamily rental housing project located at 171 Loehr Street and 1250 Sunnydale Avenue, in San Francisco, California, known as “Britton Courts Apartments;" approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 422-17 ADOPTED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: referral - Action: City and County of San Francisco Page 846 Printed at 12:51 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/14/2017 Referred Without Recommendation from the Land Use and Transportation Committee President Breed requested File Nos. 171041 and 171042 be called together. During these discussions, privilege of the floor was granted unanimously to Nicole Elliott, Director (Office of Cannabis), Jon Givner and Victoria Wong (Office of the City Attorney), and Israel Nieves-Rivera (Department of Public Health) who responded to questions raised. Supervisor Cohen was noted absent at 3:46 p.m. and for the remainder of the meeting. Supervisor Cohen Excused from Attendance Supervisor Tang, seconded by Supervisor Kim, moved that Supervisor Cohen be excused beginning at 3:46 p.m. and for the remainder of the meeting. The motion carried by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Excused: Cohen ### File 171041: Planning Code - Cannabis Regulation - Pages: 18-19 - Vote 1: amendment - Action: D, AMENDMENT OF THE WHOLE BEARING NEW TITLE. Before a second was attained, Supervisor Sheehy withdrew this motion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring the Director of Cannabis to adopt rules, regulations and guidelines to ensure Cannabis Retailers and maintain and sell an inventory that is sufficient in volume and variety for medicinal customers. The motion carried by the following vote: Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee (Editor's Note: Upon further consultation with the Office of the City Attorney, the previous motion made by Supervisor Fewer was actually a proposed amendment to File No. 171042.) City and County of San Francisco Page 847 Printed at 12:51 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/14/2017 Supervisor Farrell, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by allowing one medical cannabis dispensary or cannabis retail within every 600 feet, without a conditional use authorization. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 2: amendment - Action: Supervisor Peskin, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Pages 10 and 12 by changing the authorizing authority from the ‘City’s Office of Cannabis’ to ‘Department of Public Health’ for sites where cannabis may be consumed or smoked. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 3: amendment - Action: Supervisor Sheehy, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, in Planning Code, Section 102, by including ‘Cannabis Retail’ as one of the listed uses under 'Retail Sales and Service Uses.' The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 4: first-reading - Action: Supervisor Sheehy, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED AS AMENDED ON FIRST READING to the Board of Supervisors meeting of November 28, 2017. The motion carried by the following vote: - Ayes: Breed, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Tang, Yee - Noes: Peskin - Excused: Cohen ## Extracted text ### [Page 17](https://sfbos.info/documents/474/2017-11-14-minutes#page-17) Board of Supervisors Meeting Minutes 11/14/2017 COMMITTEE REPORTS Recommendation of the Budget and Finance Committee 171119 [Multifamily Housing Revenue Notes - 171 Loehr Street and 1250 Sunnydale Avenue (“Britton Courts Apartments”) - Not to Exceed $76,000,000] Sponsor: Cohen Resolution authorizing the execution and delivery of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $76,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 92-unit multifamily rental housing project located at 171 Loehr Street and 1250 Sunnydale Avenue, in San Francisco, California, known as “Britton Courts Apartments;" approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 422-17 ADOPTED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 846 Printed at 12:51 pm on 1/3/18 ### [Page 18](https://sfbos.info/documents/474/2017-11-14-minutes#page-18) Board of Supervisors Meeting Minutes 11/14/2017 Referred Without Recommendation from the Land Use and Transportation Committee President Breed requested File Nos. 171041 and 171042 be called together. During these discussions, privilege of the floor was granted unanimously to Nicole Elliott, Director (Office of Cannabis), Jon Givner and Victoria Wong (Office of the City Attorney), and Israel Nieves-Rivera (Department of Public Health) who responded to questions raised. Supervisor Cohen was noted absent at 3:46 p.m. and for the remainder of the meeting. Supervisor Cohen Excused from Attendance Supervisor Tang, seconded by Supervisor Kim, moved that Supervisor Cohen be excused beginning at 3:46 p.m. and for the remainder of the meeting. The motion carried by the following vote: Ayes: 10 - Breed, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Excused: 1 - Cohen 171041 [Planning Code - Cannabis Regulation] Sponsors: Mayor; Sheehy Ordinance amending the Planning Code to 1) regulate cannabis land uses, including, among other things, adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services, manufacture of cannabis products, cannabis cultivation, and cannabis testing; 2) allow Medical Cannabis Dispensaries in additional zoning districts; 3) establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments; 4) establish location and operating conditions for cannabis uses; 5) repeal Ordinance No. 186-17, which limited the number of medical cannabis dispensaries in Supervisorial District 11; 6) create a limit of three Medical Cannabis Dispensaries and Cannabis retail uses, in any combination, in the Excelsior Outer Mission Street Neighborhood Commercial District; 7) delete superseded Planning Code provisions; 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, and public necessity, convenience and welfare findings pursuant to Planning Code, Section 302. Supervisor Cohen moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of November 28, 2017. Before a second was attained, Supervisor Cohen was excused from the remainder of the meeting and the motion was re-made later in the discussion by Supervisor Sheehy. Supervisor Sheehy moved that this Ordinance be AMENDED, AMENDMENT OF THE WHOLE BEARING NEW TITLE. Before a second was attained, Supervisor Sheehy withdrew this motion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring the Director of Cannabis to adopt rules, regulations and guidelines to ensure Cannabis Retailers and maintain and sell an inventory that is sufficient in volume and variety for medicinal customers. The motion carried by the following vote: Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee (Editor's Note: Upon further consultation with the Office of the City Attorney, the previous motion made by Supervisor Fewer was actually a proposed amendment to File No. 171042.) City and County of San Francisco Page 847 Printed at 12:51 pm on 1/3/18