Board of Supervisors Minutes: February 3, 2015

141236 [Settlement of Lawsuit - Colleen Sullivan, Silvia David, and Gordon Clark - $360,753.71] Ordinance authorizing partial settlement of the lawsuit filed against the City and County of San Francisco for $360,753.71; the lawsuit was filed on May 18, 2012, in United States District Court, Northern District of California, Case No. 12-02584 JCS; currently entitled Colleen Sullivan, Silvia David, and Gordon Clark v. City and County of San Francisco. (City Attorney) Ordinance No. 016-15 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

141297 [Public Works Code - Personal Wireless Service Facility Site Permits, and Amending Fees] Sponsor: Avalos Ordinance amending the Public Works Code to modify certain requirements for Personal Wireless Service Facility Site Permits, amending the fees for obtaining such permits; and making environmental findings. Ordinance No. 018-15 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

141210 [Planning and Administrative Codes - Definition and Controls for Homeless Shelters to Comply with State Law] Sponsor: Mayor Ordinance amending the Planning Code to define Homeless Shelter and to establish zoning, open space, and parking policies for this use in compliance with California Government Code requirements; amending the Administrative Code to require contracts between the City and shelter operators to contain operational standards; affirming the Planning Department’s California Environmental Quality Act determination; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 014-15 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

141215 [Administrative Code - Establishing the Children, Youth and Their Families Oversight and Advisory Committee and a Service Provider Working Group] Sponsors: Avalos; Mar Ordinance amending the Administrative Code to establish a Children, Youth and Their Families Oversight and Advisory Committee, and a Service Provider Working Group, as provided in Charter, Section 16.108-1. Ordinance No. 015-15 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

140978 [Agreement Amendments - Crestwood Behavioral Health Services and Mental Health Management, Inc. dba Canyon Manor - $112,933,618] Resolution retroactively approving amendments to each of two agreements for long term mental health services in 24-hour locked facilities between the Department of Public Health and Crestwood Behavioral Health Services, by $33,119,241, from $51,728,151 to $84,847,392; Mental Health Management I, Inc. dba Canyon Manor, by $1,555,679, from $26,530,547 to $28,086,226, for a combined increase of $34,674,920, for a combined total amount of $112,933,618 with an extension of the term of three years and six months, commencing on January 1, 2015, for a total contract term of October 1, 2008, through June 30, 2018. (Public Health Department) (Fiscal Impact) Resolution No. 024-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

141186 [Accept and Expend Grant - San Francisco Parks Alliance - Up to $500,000] Sponsor: Wiener Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant of up to $500,000 from the San Francisco Parks Alliance to fund additive alternates in the construction budget for the children’s play area in Joe DiMaggio Playground for the period of February 1, 2015, through June 1, 2016. Resolution No. 025-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

141191 [Accept and Expend Grant - Randall Museum Friends - Randall Museum Renovation Project - Not to Exceed $3,500,000] Sponsor: Wiener Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant not to exceed $3,500,000 from the Randall Museum Friends, for the enhancements to the Randall Museum Renovation Project at the Randall Museum, for the term of December 17, 2014, through August 31, 2016. Resolution No. 026-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

141256 [Customer Generation Agreement - Pacific Gas and Electric Company - Solar Power Project - Pier One] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to enter into a Customer Generation Agreement with Pacific Gas and Electric Company for a Solar Power Project at Pier One, to continue indefinitely, unless terminated. (Public Utilities Commission) Resolution No. 027-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Wiener, Yee

Noes: None

Absent: Tang

150006 [Real Property Lease - Tenant Improvements - Raychris, LLC - 2 Gough Street (aka 86 Otis Street) - $243,915 Base Rent for Remainder of FY2014-2015 - $610,695 Estimated Tenant Improvement Cost] Resolution authorizing the lease of 13,938 square feet at 2 Gough Street (aka 86 Otis Street), with Raychris, LLC, for the first and second floors, commencing upon approval by the Board of Supervisors and Mayor, in their sole and respective discretion, at the monthly rent of $40,652.50 after substantial completion of the tenant improvements for a Base Rent for the remainder of FY2014-2015 of $243,915; and construction of tenant improvements at an estimated cost to the City of $610,695. (Real Estate Department) (Fiscal Impact) Resolution No. 029-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

150008 [Emergency Work - Repairing Boiler and Distribution Piping - Housing Authority Potrero Terrace - 1099 Connecticut Street - Not to Exceed $425,000] Resolution approving emergency public work by the Public Utilities Commission under Administrative Code, Section 6.60, to replace the Power Enterprise space heating boiler and distribution piping at Housing Authority Potrero Terrace located at 1099 Connecticut Street with an amount not to exceed $425,000. (Public Utilities Commission) (Fiscal Impact) Resolution No. 030-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

150015 [Master License Agreement - Mobilitie Investments III, LLC - Outdoor Distributed Antenna System Pole Installation] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute a Master License Agreement for Outdoor Distributed Antenna System Pole Installation between the City and County of San Francisco and Mobilitie Investments III, LLC, for a term of 12 years, to commence following Board approval. (Public Utilities Commission) Resolution No. 031-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

150030 [Accept and Expend Grant - FY2014 Urban Areas Security Initiative Program Grant Increase: Budget Revision - $22,742,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Emergency Management, on behalf of the City and County San Francisco, as the fiscal agent for the Bay Area Urban Areas Security Insurance (UASI) Program, to accept and expend an increase to FY2014 UASI grant funds in the amount of $122,688 for a total of $22,742,000 from the U.S. Department of Homeland Security through the California Office of Emergency Services for the period of September 1, 2014, through May 31, 2016. Resolution No. 032-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

150031 [Accept and Expend Grant - Energy Efficiency Program - $6,659,949] Sponsor: Mayor Resolution retroactively authorizing the Department of the Environment to accept and expend a grant in the amount of $6,659,949 from the California Public Utilities Commission, through Pacific Gas and Electric Company, to continue an Energy Use and Demand Reduction through Energy Efficiency Program in the City and County of San Francisco for the term of January 1, 2015, through December 31, 2015. Resolution No. 033-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

110548 [Planning Code - Zoning Map - Signs, Awnings, Canopies, and Marquees] Sponsor: Wiener Ordinance amending the Planning Code to consolidate the definitions and controls for awnings, canopies, and marquees into a single section and revise the controls for certain zoning districts; require a Business Sign to be removed or brought into conformity with the Code when the business ceases operation, moves, or a new building is constructed; prohibit the relocation of General Advertising Signs into the Van Ness corridor and specified Neighborhood Commercial Districts; and add The Embarcadero to the list of Scenic Streets where General Advertising Signs are prohibited; amending the Zoning Map to conform with the Code amendments; affirming the Planning Department’s California Environmental Quality Act determination; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141237 [Planning Code - Procedure for Requesting Modification of Code Requirements or Planning Department Practices and Procedures to Accommodate a Disability] Sponsors: Wiener; Mar Ordinance amending the Planning Code to establish a process for making and acting upon requests for reasonable modification of a Planning Code requirement or a Department policy, practice, or procedure to accommodate a disability pursuant to federal and state fair housing laws; and affirming the Planning Department’s California Environmental Quality Act determination and making findings of consistency with the City’s General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141253 [Planning Code - Consolidate Definitions, Reorganize Article 2, and Make Other Nonsubstantive Changes to Update, Clarify, and Simplify Code Language] Sponsor: Wiener Ordinance amending the Planning Code to consolidate definitions into Section 102, reorganize Article 2 to create Zoning Control Tables, and make nonsubstantive changes to various sections in Articles 1, 2, 3, 4, 6, 7, and 8, in order to update, clarify, and simplify Code language; affirming the Planning Department’s California Environmental Quality Act determination; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted unanimously to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Wiener, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141264 [General Plan Amendments - Urban Forest Plan (Phase 1: Street Trees)] Sponsor: Wiener Ordinance amending the General Plan by amending Policy 3.6 of the Recreation and Open Space Element to reflect the adoption by reference of the Urban Forest Plan (Phase 1: Street Trees); 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. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

150003 [Planning Code - Zoning Map Amendment - 1600-1612 Cortland Avenue] Sponsor: Campos Ordinance amending the Zoning Map to rezone a parcel located at 1600-1612 Cortland Avenue from Heavy Commercial and Industrial Protection Zone Special Use District to Production Distribution and Repair - General; and making environmental findings pursuant to the California Environmental Quality Act, Planning Code, Section 302 findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141310 [Disposition and Development Agreement - Successor Agency to the San Francisco Redevelopment Agency Land - Transbay Block 9] Sponsor: Kim Resolution approving the disposition of land by the Office of Community Investment and Infrastructure as Successor Agency to the San Francisco Redevelopment Agency and making findings under the Health and Safety Code, Section 33433, as required under the Transbay Redevelopment Plan for the parcel located on Folsom Street between Essex and First Streets, Assessor’s Parcel Block No. 3736, Lot No. 120, commonly known as Transbay Block 9. Resolution No. 023-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

150075 [Final Map 8260 - 3731 Fillmore Street] Motion approving Final Map 8260, a six residential unit Condominium Project, located at 3731 Fillmore Street, being a subdivision of Assessor’s Block No. 0438A, Lot No. 011, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M15-021 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

150038 [Urging the California State Legislature to Amend State Law for Youth Fare Evasion] Sponsors: Mar; Campos Resolution urging the California State Legislature to amend State law to remove the exclusion of minors from the authority of local jurisdictions; to create an administrative penalty for fare evasion and other minor transit violations; and remove the processing of these violations from the Court system. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 035-15 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None