# Board of Supervisors Minutes: December 5, 2017 - Meeting date: 2017-12-05 - Document type: minutes - Pages in official PDF: 29 - [Canonical HTML transcript](https://sfbos.info/documents/478/2017-12-05-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=578667&GUID=7C609E75-286F-46F2-B8E9-D1166111C60B) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 171190: Conditionally Disapproving the Conditional Use Authorization and Approving with Additional Conditions - Proposed Project at 2161-2165 Irving Street - Pages: 18-19 - Vote 1: amendment - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: amendment - Action: 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 - Vote 4: approval, likely final - Action: (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 - Vote 5: rescission - Action: 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 - Vote 6: approval, likely final - Action: 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 ### File 171191: Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 2161-2165 Irving Street - Pages: 19-20 - Vote 1: tabling - Action: 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 - Vote 2: rescission - Action: 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 - Vote 3: approval, likely final - Action: 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 ### File 171153: Business and Tax Regulations, Health Codes - Permit, License and Inspection Fees for Cannabis Businesses - Pages: 20 - Vote 1: first-reading - Action: 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 ### File 171135: License Support, and Hosting Agreement - Epic City Government, LLC - Electronic Health Records System - $167,384,597 - Pages: 20 - Vote 1: adoption, likely final - Action: 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 ### File 171159: Performance Contract Agreement No. 17-94549 - California Department of Health Care Services - Community Behavioral Health Services - Mental Health Services Act and Various Programs - Pages: 20-21 - Vote 1: adoption, likely final - Action: 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 ## Extracted text ### [Page 19](https://sfbos.info/documents/478/2017-12-05-minutes#page-19) 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: 11 - 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: 9 - Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Yee Noes: 2 - Peskin, Tang Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - 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: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Noes: 1 - 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: 9 - Breed, Cohen, Farrell, Fewer, Kim, Ronen, Safai, Sheehy, Yee Noes: 2 - Peskin, Tang Supervisor Peskin, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - 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: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee Noes: 1 - Tang City and County of San Francisco Page 912 Printed at 1:26 pm on 1/17/18 ### [Page 20](https://sfbos.info/documents/478/2017-12-05-minutes#page-20) Board of Supervisors Meeting Minutes 12/5/2017 COMMITTEE REPORTS Recommendations of the Budget and Finance Committee 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: 11 - 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: 11 - 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: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 913 Printed at 1:26 pm on 1/17/18