# Board of Supervisors Minutes: November 28, 2017 - Meeting date: 2017-11-28 - Document type: minutes - Pages in official PDF: 31 - [Canonical HTML transcript](https://sfbos.info/documents/476/2017-11-28-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=576105&GUID=FD364D6A-A727-4494-BDC0-C7A98ACC566D) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 170941: Planning Code, Zoning Map - Transit Center Special Sign District - Pages: 3-4 ### File 170866: Administrative, Campaign and Governmental Conduct Codes - Changing References from Office of Citizen Complaints to Department of Police Accountability - Pages: 4 - Vote 1: final-passage, likely final - Action: 170866 [Administrative, Campaign and Governmental Conduct Codes - Changing References from Office of Citizen Complaints to Department of Police Accountability] Sponsor: Cohen Ordinance amending the Administrative and Campaign and Governmental Conduct Codes to change all references from “Office of Citizen Complaints” to “Department of Police Accountability,” and to make related terminology changes, to reflect that name change resulting from the passage of Proposition G at the November 8, 2016 election. Ordinance No. 232-17 FINALLY PASSED The foregoing items were acted upon by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171074: Settlement of Lawsuit - Kevin Smith - $300,000 - Pages: 4 - Vote 1: final-passage, likely final - Action: 171074 [Settlement of Lawsuit - Kevin Smith - $300,000] Ordinance authorizing settlement of the lawsuit filed by Kevin Smith against the City and County of San Francisco for $300,000; the lawsuit was filed on January 26, 2016, in San Francisco Superior Court, Case No. CGC-15-550065; entitled Kevin Smith v. City and County of San Francisco; the lawsuit involves alleged personal injury on a City street. (City Attorney) Ordinance No. 235-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171075: Settlement of Lawsuit - T-Mobile West, LLC - $72,500 - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 171075 [Settlement of Lawsuit - T-Mobile West, LLC - $72,500] Ordinance authorizing settlement of the lawsuit filed by T-Mobile West, LLC against the City and County of San Francisco for $72,500; the lawsuit was filed on September 9, 2015, in San Francisco Superior Court, Case No. CGC-15-547840; entitled T-Mobile West, LLC v. City and County of San Francisco; the lawsuit involves a Utility Users Tax refund. (City Attorney) Ordinance No. 236-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171076: Settlement of Lawsuit - AT&T Corp. - $498,000 - Pages: 5 - Vote 1: final-passage, likely final - Action: 171076 [Settlement of Lawsuit - AT&T Corp. - $498,000] Ordinance authorizing settlement of the lawsuit filed by AT&T Corp. against the City and County of San Francisco for $498,000; the lawsuit was filed on October 26, 2016, in San Francisco Superior Court, Case No. CGC-16-555047; entitled AT&T Corp. v. City of San Francisco, Department of Public Health; the lawsuit involves a breach of contract claim arising from a dispute over AT&T’s design of a medical grade wireless network at Zuckerberg San Francisco General Hospital; other material terms of the settlement are that the City reserves all rights to pursue claims against AT&T for, and AT&T shall retain responsibility for, latent defects; all extant express and implied warranties under the contract shall remain in full force and effect; the City and AT&T will execute a mutual release; the City and AT&T will each bear its own fees and costs. (City Attorney) Ordinance No. 237-17 FINALLY PASSED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee ### File 171041: Planning Code - Cannabis Regulation - Pages: 5-7 - Vote 1: amendment - Action: oducts, 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 Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Cannabis Retail Uses within a 1000 foot radius of existing schools or day care centers. The motion FAILED by the following vote: - Ayes: Kim, Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Sheehy - Vote 2: amendment - Action: Supervisor Tang, seconded by Supervisor Kim, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 1000 foot radius of existing schools. The motion FAILED by the following vote: - Ayes: Fewer, Kim, Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Peskin, Ronen, Sheehy - Vote 3: amendment - Action: Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 600 foot radius of existing schools and day care centers. The motion FAILED by the following vote: - Ayes: Fewer, Kim, Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Peskin, Ronen, Sheehy - Vote 4: amendment - Action: City and County of San Francisco Page 868 Printed at 1:11 pm on 1/3/18 Board of Supervisors Meeting Minutes 11/28/2017 Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by allowing a maximum of two Medical Cannabis Dispensaries or Cannabis Retail Uses in the area bound by Lincoln Way, Sunset Boulevard, the Pacific Ocean, and Sloat Boulevard; and by allowing a maximum of one Medical Cannabis Dispensary or Cannabis Retail Use in the Noriega Street NCD, Irving Street NCD, Taraval NCD, and Judah Street NCD. The motion FAILED by the following vote: - Ayes: Farrell, Safai, Tang, Yee - Noes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Sheehy - Vote 5: amendment - Action: Supervsior Ronen moved that this Ordinance be AMENDED by striking the restriction of a 600 foot radius between Cannabis Retail Uses. The motion FAILED since no second was attained. Supervisor Ronen, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the limit of three Medical Cannabis Dispensary Uses or Cannabis Retail Uses within the Excelsior Outer Mission Street Neighborhood Commercial District. The motion carried by the following vote: - Ayes: Breed, Cohen, Fewer, Kim, Peskin, Ronen - Noes: Farrell, Safai, Sheehy, Tang, Yee - Vote 6: amendment - Action: f 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) 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 Peskin, seconded by Supervisor Kim, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by requiring Cannabis Retail and Medical Cannabis Dispensary Uses in C, PDR, M, and Mixed Use Districts be subject to the permit review procedures of Section 312; 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 - Vote 7: amendment - Action: Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED by requiring a Medical Cannabis Dispensary Use that converts to a Cannabis Retail Use in the Ocean Avenue and West Portal NCDs and on Taraval Street be subject to Mandatory Discretionary Review; by prohibiting Cannabis Retail Use within a 1000 foot radius of existing schools or day care centers, and prohibiting Cannabis Retail Use within a 1200 foot radius of existing schools or day care centers on Taraval Street between Forest Side Avenue and 19th Avenue; allowing a maximum of two Medical Cannabis Dispensaries or Cannabis Retail Uses in the Ocean Avenue NCT; and making other clarifying and conforming changes. The motion FAILED by the following vote: - Ayes: Safai, Tang, Yee - Noes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy - Vote 8: amendment - Action: Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by creating a new definition in Section 102 for ‘Temporary Cannabis Sales’; by amending Section 190 by adding requirements for grandfathered MCD to convert to Cannabis Retail Use; by adding a new ‘Section 191. Authorization of Temporary Cannabis Sales Uses.’; and adding a new Subsection 205.2(e) regarding Temporary Cannabis Retail Use. The motion carried by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee - Vote 9: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee - Noes: Safai ## Extracted text ### [Page 4](https://sfbos.info/documents/476/2017-11-28-minutes#page-4) Board of Supervisors Meeting Minutes 11/28/2017 Recommendation of the Rules Committee 170866 [Administrative, Campaign and Governmental Conduct Codes - Changing References from Office of Citizen Complaints to Department of Police Accountability] Sponsor: Cohen Ordinance amending the Administrative and Campaign and Governmental Conduct Codes to change all references from “Office of Citizen Complaints” to “Department of Police Accountability,” and to make related terminology changes, to reflect that name change resulting from the passage of Proposition G at the November 8, 2016 election. Ordinance No. 232-17 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Government Audit and Oversight Committee President Breed requested File Nos. 171074, 171075, and 171076 be called together. 171074 [Settlement of Lawsuit - Kevin Smith - $300,000] Ordinance authorizing settlement of the lawsuit filed by Kevin Smith against the City and County of San Francisco for $300,000; the lawsuit was filed on January 26, 2016, in San Francisco Superior Court, Case No. CGC-15-550065; entitled Kevin Smith v. City and County of San Francisco; the lawsuit involves alleged personal injury on a City street. (City Attorney) Ordinance No. 235-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 171075 [Settlement of Lawsuit - T-Mobile West, LLC - $72,500] Ordinance authorizing settlement of the lawsuit filed by T-Mobile West, LLC against the City and County of San Francisco for $72,500; the lawsuit was filed on September 9, 2015, in San Francisco Superior Court, Case No. CGC-15-547840; entitled T-Mobile West, LLC v. City and County of San Francisco; the lawsuit involves a Utility Users Tax refund. (City Attorney) Ordinance No. 236-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 867 Printed at 1:11 pm on 1/3/18 ### [Page 5](https://sfbos.info/documents/476/2017-11-28-minutes#page-5) Board of Supervisors Meeting Minutes 11/28/2017 171076 [Settlement of Lawsuit - AT&T Corp. - $498,000] Ordinance authorizing settlement of the lawsuit filed by AT&T Corp. against the City and County of San Francisco for $498,000; the lawsuit was filed on October 26, 2016, in San Francisco Superior Court, Case No. CGC-16-555047; entitled AT&T Corp. v. City of San Francisco, Department of Public Health; the lawsuit involves a breach of contract claim arising from a dispute over AT&T’s design of a medical grade wireless network at Zuckerberg San Francisco General Hospital; other material terms of the settlement are that the City reserves all rights to pursue claims against AT&T for, and AT&T shall retain responsibility for, latent defects; all extant express and implied warranties under the contract shall remain in full force and effect; the City and AT&T will execute a mutual release; the City and AT&T will each bear its own fees and costs. (City Attorney) Ordinance No. 237-17 FINALLY PASSED by the following vote: Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Referred Without Recommendation from the Land Use and Transportation Committee President Breed requested File Nos. 171041 and 171042 be called together. 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 Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Cannabis Retail Uses within a 1000 foot radius of existing schools or day care centers. The motion FAILED by the following vote: Ayes: 4 - Kim, Safai, Tang, Yee Noes: 7 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Sheehy Supervisor Tang, seconded by Supervisor Kim, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 1000 foot radius of existing schools. The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Safai, Tang, Yee Noes: 6 - Breed, Cohen, Farrell, Peskin, Ronen, Sheehy Supervisor Tang, seconded by Supervisor Yee, moved that this Ordinance be AMENDED by prohibiting Medical Cannabis Dispensary Uses within a 600 foot radius of existing schools and day care centers. The motion FAILED by the following vote: Ayes: 5 - Fewer, Kim, Safai, Tang, Yee Noes: 6 - Breed, Cohen, Farrell, Peskin, Ronen, Sheehy City and County of San Francisco Page 868 Printed at 1:11 pm on 1/3/18