Board of Supervisors Minutes: December 5, 2017

170836 [Administrative Code - Requesting Findings From Assessment Appeals Board] Sponsor: Peskin Ordinance amending the Administrative Code to require parties to pay a refundable deposit when requesting written findings from the Assessment Appeals Board, and to establish procedures concerning the waiver and renewal of requests for written findings. Ordinance No. 238-17 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

170878 [Resolution of Intention to Form Sub-Project Area G-2, Sub-Project Area G-3, and Sub-Project Area G-4 - Infrastructure Financing District No. 2 (Port of San Francisco, Pier 70)] Sponsors: Mayor; Cohen Resolution of Intention to establish Sub-Project Area G-2, Sub-Project Area G-3, and Sub-Project Area G-4 of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco). (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding language expanding the references to certification of a Final Environmental Impact Report, adopting findings under CEQA, and fixing the date of the special election and public hearing to April 17, 2018. The motion carried by the following vote:

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

Resolution of Intention to establish Sub-Project Area G-2, Sub-Project Area G-3 and Sub-Project Area G-4 of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco, Pier 70); to call a public hearing on April 17, 2018, on the establishment and to provide public notice thereof; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote:

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

170879 [Resolution of Intention to Issue Bonds - Not To Exceed $273,900,000 for Sub-Project Area G-2, $196,100,000 for Sub-Project Area G-3, and $323,300,000 for Sub-Project Area G-4 - Infrastructure Financing District No. 2 (Port of San Francisco, Pier 70)] Sponsors: Mayor; Cohen Resolution of Intention to issue bonds in an amount not to exceed $273,900,000 for Sub-Project Area G-2, $196,100,000 for Sub-Project Area G-3, and $323,300,000 for Sub-Project Area G-4, for the City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco). (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding language expanding the references to certification of a Final Environmental Impact Report, adopting findings under CEQA, and fixing the date of the special election and public hearing to April 17, 2018. The motion carried by the following vote:

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

Resolution of Intention to Issue Bonds in an Amount Not to Exceed $273,900,000, $196,100,000 and $323,300,000 for Sub-Project Area G-2, Sub-Project Area G-3 and Sub-Project Area G-4, respectively, City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco, Pier 70); and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote:

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

alization Financing District No. 2 (Hoedown Yard, Pier 70)] Sponsors: Mayor; Cohen Resolution of Intention to establish City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard) on land within the City and County of San Francisco commonly known as the Hoedown Yard to finance the construction of affordable housing within Pier 70 and Parcel K South; to provide for future annexation; to call a public hearing on January 9, 2018, on the formation of the district and to provide public notice thereof; and determining other matters in connection therewith. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by noting that IRFD Law provides that the legislative body may add territory to a district or amend the infrastructure financing plan, adding the language clarifying how future annexations of property shall occur, fixing the date of the special election and public hearing to April 17, 2018, and clarifying that the IRFD shall fund affordable housing projects and supporting infrastructure and amenities. The motion carried by the following vote:

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

City and County of San Francisco Page 898 Printed at 1:26 pm on 1/17/18 Board of Supervisors Meeting Minutes 12/5/2017 Resolution of Intention to establish City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70) on land within the City and County of San Francisco commonly known as the Hoedown Yard to finance the construction of affordable housing within Pier 70 and Parcel K South; to provide for future annexation; to call a public hearing on April 17, 2018, on the formation of the district and to provide public notice thereof; determining other matters in connection therewith; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote:

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

170881 [Resolution Authorizing Executive Director of the Port of San Francisco to Prepare an Infrastructure Financing Plan - Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70)] Sponsors: Mayor; Cohen Resolution authorizing and directing the Executive Director of the Port of San Francisco, or designee thereof, to prepare an infrastructure financing plan for City and County of San Francisco Infrastructure Financing District No. 2 (Hoedown Yard); and determining other matters in connection therewith. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by fixing the date of the special election and public hearing to April 17, 2018. The motion carried by the following vote:

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

Resolution authorizing and directing the Executive Director of the Port of San Francisco, or designee thereof, to prepare an infrastructure financing plan for City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70); determining other matters in connection therewith; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote:

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

170882 [Resolution of Intention to Issue Bonds Related to Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70)] Sponsors: Mayor; Cohen Resolution of Intention to issue bonds for City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard); and determining other matters in connection therewith. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by noting that IRFD Law provides that the legislative body may add territory to a district or amend the infrastructure financing plan, adding language clarifying how future annexations of property shall occur, and fixing the date of the special election and public hearing to April 17, 2018. The motion carried by the following vote:

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

City and County of San Francisco Page 899 Printed at 1:26 pm on 1/17/18 Board of Supervisors Meeting Minutes 12/5/2017 Resolution of intention to issue bonds for City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70); determining other matters in connection therewith; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote:

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

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) 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. Ordinance No. 229-17 FINALLY PASSED by the following vote:

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

Noes: Safai

pensaries to sell adult use cannabis for a period of 120 days, starting January 1, 2018, and prohibiting medical cannabis dispensaries from cultivating cannabis under the authority of a medical cannabis dispensary permit, starting April 1, 2018; 14) establishing a sunset date of December 31, 2018, for Article 33 of the Health Code (“Medical Cannabis Act”); 15) requiring the Department of Public Health to implement an ongoing public health education campaign about the safe consumption and health benefits of cannabis; 16) requiring the Controller to submit a report to the Board of Supervisors within one year of the effective date of Article 16 recommending whether the issuance of cannabis business permits should be subject to any limits; 17) establishing an Equity Operator Fund to receive any monies appropriated for the purpose of assisting Equity Operators; 18) eliminating the duty of the Clerk of the Board of Supervisors to send letters annually to state and federal officials requesting that cannabis be regulated and taxed; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 230-17 FINALLY PASSED by the following vote:

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

Noes: Safai

171134 [General Plan Amendment - 1629 Market Street] Ordinance amending the General Plan to revise Maps 1 and 3 and Policy 7.2.5 of the Market and Octavia Area Plan to reflect the 1629 Market Street Special Use District; adopting findings under the California Environmental Quality Act, and Planning Code, Section 340; and making findings of consistency with the General Plan, and Planning Code, Section 101.1. (Planning Commission) PASSED ON FIRST READING by the following vote:

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

170938 [Planning Code, Zoning Map - 1629 Market Street Special Use District] Sponsors: Mayor; Kim and Sheehy Ordinance amending the Planning Code and the Zoning Map to add the 1629 Market Street Special Use District; making findings 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 findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

170939 [Development Agreement - Strada Brady, LLC - Market and Colton Streets] Sponsors: Mayor; Kim Ordinance approving a Development Agreement between the City and County of San Francisco and Strada Brady, LLC, a California limited liability company, for the development project at the approximately 2.2-acre site located at Market, 12th, Stevenson, Chase Court, and Brady Streets, with various public benefits including improved open spaces and supportive affordable housing; making findings under the California Environmental Quality Act, findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); setting the impact fees and exactions as set forth in the Development Agreement; and confirming compliance with or waiving certain provisions of Administrative Code, Chapters 14B, 41, and 56; and ratifying certain actions taken in connection therewith. PASSED ON FIRST READING by the following vote:

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

170992 [Bi-Annual Housing Balance Report - May 2017] Sponsor: Kim Resolution receiving and approving the bi-annual Housing Balance Report dated May 12, 2017, submitted as required by Planning Code, Section 103. Resolution No. 434-17 ADOPTED by the following vote:

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

171166 [Supporting California State Assembly Bill 1506 (Bloom) - Repealing the Costa-Hawkins Act] Sponsors: Fewer; Ronen, Peskin, Kim and Breed Resolution urging the Mayor and the Board of Supervisors to support California State Assembly Bill 1506, authored by Assembly Member Richard Bloom, repealing the Costa-Hawkins Act. Supervisor Breed requested to be added as a co-sponsor. Resolution No. 437-17 ADOPTED by the following vote:

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

ng the operations of such devices; amending the Public Works Code and Police Code to provide for administrative, civil, and criminal penalties for unlawful operation of such devices; and affirming the Planning Department’s determination under the California Environmental Quality Act. Privilege of the floor was granted unanimously to Rahul Shah (Public Works) who responded to questions raised throughout the discussion. Supervisor Yee, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 7, Line 1, by adding ‘, and the Director’s written determination after such hearing’ after ‘(g)(1)’, on Line 5, by striking ‘withdrawal’ and adding ‘suspension’ after ‘modification’, and on Line 13, by adding ‘date of the’ after ‘of the’, and striking ‘must’ and adding ‘shall’ after ‘decision, and’; on Page 9, Line 2, by striking ‘withdraw’ and adding ‘suspend’ after ‘modify, or’, and on Line 12, by adding ‘Any such revocation may be appealed to the Board of Supervisors under subsection (g)(2).’ after ‘permits.’; and on Page 10, Line 8, by striking ‘must’ and adding ‘shall’ after ‘Devices’. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

171063 [Approving Conditional Use Authorization - Proposed Project at 948-950 Lombard Street and 841 Chestnut Street] Motion approving the decision of the Planning Commission by its Motion No. 19987, approving a Conditional Use Authorization identified as Planning Case No. 2017-002430CUA for a proposed project located at 948-950 Lombard Street and 841 Chestnut Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Motion No. M17-193 Supervisor Peskin, seconded by Supervisor Farrell, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Fewer

171064 [Conditionally Disapproving Conditional Use Authorization - Proposed Project at 948-950 Lombard Street and 841 Chestnut Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 19987, approving a Conditional Use Authorization identified as Planning Case No. 2017-002430CUA for a proposed project located at 948-950 Lombard Street and 841 Chestnut Street, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Peskin, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Fewer

171065 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 948-950 Lombard Street and 841 Chestnut 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. 2017-002430CUA for a proposed project located at 948-950 Lombard Street and 841 Chestnut Street. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Farrell, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Fewer

171169 [Closed Session - Labor Negotiations - January 9, 2018] Closed Session for the Board of Supervisors to convene on January 9, 2018, at 3:00 p.m., with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding labor negotiations of the City’s open labor contracts; scheduled pursuant to Motion No. M17-172, approved October 31, 2017. (Clerk of the Board) President Breed inquired as to whether any individual wished to address the Board on the proposed continuance. There were no speakers. Supervisor Peskin, seconded by Supervisor Kim, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of December 12, 2017. The motion carried by the following vote:

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

171129 [Approving Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street] Motion approving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin, Tang

Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Supervisor Farrell, 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, Yee

Noes: Tang

171130 [Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Tang, seconded by Supervisor Yee, moved that this Motion be AMENDED by adding a condition that the Medical Cannabis Dispensary operate between 9:00 a.m. to 8:00 p.m. for one year during a trial period. The motion FAILED by the following vote:

Ayes: Fewer, Kim, Peskin, Ronen, Tang, Yee

Noes: Breed, Farrell, Safai, Sheehy

Excused: Cohen

Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding a condition that the Medical Cannabis Dispensary provide an indoor space for on-site smoking. The motion carried by the following vote:

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

Excused: Cohen

City and County of San Francisco Page 908 Printed at 1:26 pm on 1/17/18 Board of Supervisors Meeting Minutes 12/5/2017 Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street; approving a Conditional Use Authorization for the same Planning Case and property with additional conditions, and subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Tang, seconded by Supervisor Yee, moved that this Motion be AMENDED by setting an expiration date of one year for the additional condition that the Medical Cannabis Dispensary provide an indoor space for on-site smoking. The motion carried by the following vote:

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

(Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

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

Noes: Peskin, Tang

Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Motion No. M17-194 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

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

Noes: Tang

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 Farrell, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin, Tang

Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Motion No. M17-195 Supervisor Farrell, 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, Yee

Noes: Tang

171189 [Approving Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street] Motion approving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin, Tang

Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Supervisor Farrell, 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, Yee

Noes: Tang

171190 [Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Tang, seconded by Supervisor Yee, moved that this Motion be AMENDED by adding a condition that the Medical Cannabis Dispensary operate between 9:00 a.m. to 8:00 p.m. for one year during a trial period. The motion FAILED by the following vote:

Ayes: Fewer, Kim, Peskin, Ronen, Tang, Yee

Noes: Breed, Farrell, Safai, Sheehy

Excused: Cohen

Supervisor Tang, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding a condition that the Medical Cannabis Dispensary provide an indoor space for on-site smoking. The motion carried by the following vote:

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

Excused: Cohen

City and County of San Francisco Page 911 Printed at 1:26 pm on 1/17/18 Board of Supervisors Meeting Minutes 12/5/2017 Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street; approving a Conditional Use Authorization for the same Planning Case and property with additional conditions, and subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Tang, seconded by Supervisor Yee, moved that this Motion be AMENDED by setting an expiration date of one year for the additional condition that the Medical Cannabis Dispensary provide an indoor space for on-site smoking. The motion carried by the following vote:

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

(Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Farrell, seconded by Supervisor Cohen, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

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

Noes: Peskin, Tang

Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Motion No. M17-196 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

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

Noes: Tang

171191 [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 Farrell, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin, Tang

Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote:

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

Motion No. M17-197 Supervisor Farrell, 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, Yee

Noes: Tang

171153 [Business and Tax Regulations, Health Codes - Permit, License and Inspection Fees for Cannabis Businesses] Sponsor: Mayor Ordinance amending the Business and Tax Regulations and Health Codes to require the Director of the Office of Cannabis to collect permit application fees of $2,000 and annual license fees of $5,000 for cannabis business permits; authorize the Department of Public Health to impose fees relating to the inspection of cannabis businesses; and establish annual license fees for cannabis consumption permits. PASSED ON FIRST READING by the following vote:

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

171135 [License Support, and Hosting Agreement - Epic City Government, LLC - Electronic Health Records System - $167,384,597] Resolution approving an Agreement between Epic City Government, LLC, and the City and County of San Francisco, acting by and through the Department of Public Health (DPH), for the delivery of software, services, and hosting for an electronic health records system, for a ten-year term from the effective date following Board approval, in the amount of $167,384,597 including a DPH contingency amount of $17,934,064. (Public Health Department) (Fiscal Impact) Resolution No. 430-17 ADOPTED by the following vote:

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

171159 [Performance Contract Agreement No. 17-94549 - California Department of Health Care Services - Community Behavioral Health Services - Mental Health Services Act and Various Programs] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health, through Community Behavioral Health Services, to enter into Performance Contract No. 17-94549, between the California Department of Health Care Services and Community Behavioral Health Services, incorporating the Mental Health Services Act, Projects for Assistance in Transition from Homelessness, the Mental Health Plan, and Community Mental Health Services Grant for the period of July 1, 2017, through June 30, 2018. Resolution No. 435-17 ADOPTED by the following vote:

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

171160 [Agreement No. 15-92348 - California Department of Health Care Services - County Children’s Health Initiative Program - Up to $9,492,495] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to enter into Agreement No. 15-92348 with the California Department of Health Care Services to receive federal draw-down funding for children enrolled in the County Children’s Health Initiative Program through the City and County of San Francisco’s Healthy Kids Program, in the amount of up to $9,492,495 for the period of July 1, 2015, through September 30, 2019. Resolution No. 436-17 ADOPTED by the following vote:

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

171178 [Real Property Lease - Vera Cort as Trustee -1380 Howard Street - Department of Public Health - $3,417,862.50 Initial Annual Base Rent] Resolution authorizing the extension of an existing lease for approximately 79,950 square feet of office space at 1380 Howard Street for the Department of Public Health's Community Behavioral Health Services Division with the Vera Cort as Trustee of the Robert J. Cort Marital Trust (99%) and as Trustee of the Vera Cort Survivor’sTrust (1%), as Landlord, at an annual rent of $3,417,862.50 during the five year term of January 1, 2018, through December 31, 2022, and adding three further five-year options to extend the term. (Real Estate Department) (Fiscal Impact) Resolution No. 438-17 ADOPTED by the following vote:

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

171197 [Agreements - Sunnydale Parcel Q Housing Partners, L.P. - 1491 Sunnydale Avenue - Purchase and Sale for Real Estate and Ground Lease - $3,000,000 and $15,000 Respectively] Sponsors: Mayor; Cohen Resolution approving and authorizing the execution and performance of an Agreement of Purchase and Sale of Real Estate in connection with the acquisition of the parcel located at 1491 Sunnydale Avenue Street (Assessor’s Parcel Block No. 6356, Lot No. 61-68) (“the Property”), for $3,000,000 and a long term, 75 years with a 24 year extension option, Ground Lease of the Property for $15,000 annual base rent, with Sunnydale Parcel Q Housing Partners, L.P., to construct a 100% affordable, 55-unit multifamily rental housing development for low-income households; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 439-17 ADOPTED by the following vote:

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

170985 [Public Works and Subdivision Codes - City Maintenance of Street Trees] Sponsors: Sheehy; Safai Ordinance amending the Public Works Code to implement Charter, Section 16.129, (Proposition E, November 2016) and generally provide that the City shall maintain Street Trees and be liable for injuries and property damage resulting from the failure to maintain Street Trees; amending the Subdivision Code to incorporate conforming changes regarding Street Tree maintenance; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

171261 [Cancer Screen Week - December 4, 2017, through December 8, 2017] Sponsor: Sheehy Resolution declaring December 4, 2017, through December 8, 2017, as Cancer Screen Week, identifying the burden of cancer in San Francisco and the United States, and urging citizens to talk with their healthcare providers about appropriate screenings for prevention and early detection of cancer. Resolution No. 440-17 ADOPTED by the following vote:

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

171266 [Board of Supervisors Regular Meeting Schedule - 2018] Motion establishing the 2018 Board of Supervisors Regular Meeting Schedule pursuant to Board of Supervisors Rules of Order, Sections 4.2, and 4.2.1, by cancelling the Regular Board meetings of January 2, January 16, February 20, May 29, July 3, October 9, and November 13 and 27, 2018; and all Regular Board and Committee meetings during the spring, summer and winter breaks from March 26 through March 30, August 1 through September 3, and December 17 through January 4, 2019; and further suspending portions of Board Rule 4.2. to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by waiving Board Rule 4.2 to schedule Regular Board meetings on November 13 and 27, 2017, and cancelling the Regular Board meetings of November 6 and 20, 2017. The motion carried by the following vote:

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

Motion establishing the 2018 Board of Supervisors Regular Meeting Schedule pursuant to Board of Supervisors Rules of Order, Sections 4.2, and 4.2.1, by cancelling the Regular Board meetings of January 2, January 16, February 20, May 29, July 3, October 9, and November 6 and 20, 2018; and all Regular Board and Committee meetings during the spring, summer and winter breaks from March 26 through March 30, August 1 through September 3, and December 17 through January 4, 2019; and further suspending portions of Board Rule 4.2. to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Motion No. M17-198 APPROVED AS AMENDED by the following vote:

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