# Board of Supervisors Minutes: July 31, 2018

- Meeting date: 2018-07-31
- Document type: minutes
- Source format: PDF
- Extracted pages: 36
- [Canonical HTML transcript](https://sfbos.info/documents/530/2018-07-31-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=618307&GUID=1E5DC37F-6752-4B82-88ED-36F4A90C663C)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 180629: Initiative Ordinance - Business and Tax Regulations Code - Additional Gross Receipts Tax on Cannabis

- Pages: 25-26
- Sponsors: Cohen

### File 180765: Initiative Ordinance - Business and Tax Regulations Code - Additional Gross Receipts Tax on Cannabis; Additional Conditions Subjecting Persons to Business Taxes

- Pages: 26-27
- Sponsors: Cohen
- Vote 1: approval, likely final
  - Action: nuary 1, 2021, on gross receipts from cannabis business activities, but exempting the first $500,000 of gross receipts and exempting retail sales of medicinal cannabis; said tax to be between 1% and 5% depending on the type of cannabis business activity and amount of gross receipts, but may be adjusted at any time within a range of 0% to 7% by an ordinance adopted by a two-thirds vote of the Board of Supervisors for any increase (which is limited to 1% annually) or an ordinance adopted by a majority vote of the Board of Supervisors for any decrease; starting January 1, 2019, to expand the conditions that subject a person to certain business taxes by including persons with more than $500,000 in annual gross receipts in the City; and increasing the City’s appropriations limit by the increase in the amount of those business taxes collected compared to the prior year and by the amount collected under the new Cannabis Business Tax, for four years from November 6, 2018. Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Motion No. M18-111 APPROVED by the following vote:
  - Ayes: Cohen, Brown, Fewer, Peskin, Safai, Stefani, Tang, Yee
  - Noes: Kim, Mandelman, Ronen

### File 180389: Planning Code, Zoning Map - Amend Zoning Map and Abolish Legislated Setback on 19th Avenue Between Quintara and Rivera Streets

- Pages: 27
- Sponsors: Tang
- Vote 1: first-reading
  - Action: 180389 [Planning Code, Zoning Map - Amend Zoning Map and Abolish Legislated Setback on 19th Avenue Between Quintara and Rivera Streets] Sponsor: Tang Ordinance amending the Planning Code by abolishing a nine-foot legislated setback on the west side of 19th Avenue between Quintara Street and Rivera Street, and revising the Zoning Map to rezone from RH-1 (Residential, House; One-Family) to RM-2 (Residential, Mixed; Moderate Density) Assessor’s Parcel Block No. 2198, Lot No. 031 (1021 Quintara Street), and to rezone from RH-2 (Residential, House; Two-Family) to RM-2 (Residential, Mixed; Moderate Density) Assessor’s Parcel Block No. 2198, Lot No. 001 (located at the intersection of 19th Avenue and Quintara Street), Lot No. 033 (2121-19th Avenue), Lot No. 034 (2145-19th Avenue), and Lot No. 037 (2115-19th Avenue); adopting 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: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

### File 180752: Planning Code - Accessory Dwelling Units; In-Lieu Fee for Street Trees

- Pages: 27
- Sponsors: Tang
- Vote 1: first-reading
  - Action: 180752 [Planning Code - Accessory Dwelling Units; In-Lieu Fee for Street Trees] Sponsor: Tang Ordinance amending the Planning Code to allow payment of an in-lieu fee for an ADU’s street tree requirement; 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:
  - Ayes: Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang, Yee
  - Noes: Fewer, Kim, Peskin
- Vote 2: rescission
  - Action: Supervisor Yee, seconded by Supervisor Peskin, moved to rescind the previous vote. The motion carried by the following vote:
  - Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
- Vote 3: first-reading
  - Action: PASSED ON FIRST READING by the following vote:
  - Ayes: Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang
  - Noes: Fewer, Kim, Peskin, Yee

## Extracted text

### [Page 26](https://sfbos.info/documents/530/2018-07-31-minutes#page-26)

Board of Supervisors                             Meeting Minutes                                                7/31/2018



180765 [Initiative Ordinance - Business and Tax Regulations Code - Additional Gross
       Receipts Tax on Cannabis; Additional Conditions Subjecting Persons to Business
       Taxes]
            Sponsor: Cohen
            Motion ordering submitted to the voters, at an election to be held on November 6, 2018, an
            Ordinance amending the Business and Tax Regulations Code to impose an additional gross
            receipts tax, starting January 1, 2021, on gross receipts from cannabis business activities, but
            exempting the first $500,000 of gross receipts and exempting retail sales of medicinal cannabis;
            said tax to be between 1% and 5% depending on the type of cannabis business activity and
            amount of gross receipts, but may be adjusted at any time within a range of 0% to 7% by an
            ordinance adopted by a two-thirds vote of the Board of Supervisors for any increase (which is
            limited to 1% annually) or an ordinance adopted by a majority vote of the Board of Supervisors for
            any decrease; starting January 1, 2019, to expand the conditions that subject a person to certain
            business taxes by including persons with more than $500,000 in annual gross receipts in the City;
            and increasing the City’s appropriations limit by the increase in the amount of those business
            taxes collected compared to the prior year and by the amount collected under the new Cannabis
            Business Tax, for four years from November 6, 2018.
            Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City
            Controller), who responded to questions raised throughout the discussion.
            Motion No. M18-111
            APPROVED by the following vote:
                 Ayes: 8 - Cohen, Brown, Fewer, Peskin, Safai, Stefani, Tang, Yee
                 Noes: 3 - Kim, Mandelman, Ronen




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### [Page 27](https://sfbos.info/documents/530/2018-07-31-minutes#page-27)

Board of Supervisors                             Meeting Minutes                                              7/31/2018




Recommendations of the Land Use and Transportation Committee

180389 [Planning Code, Zoning Map - Amend Zoning Map and Abolish Legislated Setback
       on 19th Avenue Between Quintara and Rivera Streets]
            Sponsor: Tang
            Ordinance amending the Planning Code by abolishing a nine-foot legislated setback on the west
            side of 19th Avenue between Quintara Street and Rivera Street, and revising the Zoning Map to
            rezone from RH-1 (Residential, House; One-Family) to RM-2 (Residential, Mixed; Moderate
            Density) Assessor’s Parcel Block No. 2198, Lot No. 031 (1021 Quintara Street), and to rezone
            from RH-2 (Residential, House; Two-Family) to RM-2 (Residential, Mixed; Moderate Density)
            Assessor’s Parcel Block No. 2198, Lot No. 001 (located at the intersection of 19th Avenue and
            Quintara Street), Lot No. 033 (2121-19th Avenue), Lot No. 034 (2145-19th Avenue), and Lot No.
            037 (2115-19th Avenue); adopting 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee


180752 [Planning Code - Accessory Dwelling Units; In-Lieu Fee for Street Trees]
            Sponsor: Tang
            Ordinance amending the Planning Code to allow payment of an in-lieu fee for an ADU’s street tree
            requirement; 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 adopting findings of public necessity,
            convenience, and welfare under Planning Code, Section 302.
            PASSED ON FIRST READING by the following vote:
              Ayes: 8 - Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang, Yee
              Noes: 3 - Fewer, Kim, Peskin

            Supervisor Yee, seconded by Supervisor Peskin, moved to rescind the previous vote. The motion
            carried by the following vote:
               Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee
            PASSED ON FIRST READING by the following vote:
                 Ayes: 7 - Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang
                 Noes: 4 - Fewer, Kim, Peskin, Yee



ROLL CALL FOR INTRODUCTIONS
            See Legislation Introduced below.



Appointment of President Pro Tempore
            At the request of President Cohen, Supervisor Safai assumed the chair at 5:18 p.m. The
            President resumed the chair at 5:22 p.m.

            Supervisor Kim was noted absent at 5:30 p.m. and for the remainder of the meeting.


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