Board of Supervisors Minutes: May 12, 2015

to authorize the Entertainment Commission to measure noise conditions at such project sites and provide comments and recommendations regarding noise to the Planning Department and Department of Building Inspection; to require lessors and sellers of residential property to disclose to lessees and purchasers potential noise and other inconveniences associated with nearby POEs; to require that such disclosure requirements be recorded against all newly approved residential projects in a Notice of Special Restrictions; to require the Planning Department and Commission to consider noise issues when reviewing proposed residential projects; and to specify factors concerning noise for the Entertainment Commission to review when considering granting a POE permit; making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of local conditions under California Health and Safety Code, Section 17958.7; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the State Building Standards Commission upon final passage. Ordinance No. 070-15 FINALLY PASSED by the following vote:

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

Noes: None

150002 [Planning Code - Landmark Designation - 182-198 Gough Street (aka the R. L. Goldberg Building)] Sponsor: Breed Ordinance designating 182-198 Gough Street (aka the R. L. Goldberg Building), Assessor's Block No. 0837, Lot No. 014, as a Landmark under Planning Code, Article 10; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 071-15 FINALLY PASSED by the following vote:

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

Noes: None

150347 [Appropriation and De-Appropriation - Surplus Expenditures of $9,630,762 Supporting Increased Overtime Expenditures - FY2014-2015] Sponsors: Mayor; Farrell Ordinance appropriating $9,630,762 to overtime and de-appropriating $9,630,762 from permanent salaries, fringe benefit expenses, and power for re-sale in the Sheriff’s Department, Department of Emergency Management, Fire Department, Department of Public Health, and the Public Utilities Commission operating budgets in order to support the Departments projected increases in overtime as required per Ordinance No. 194-11 in FY2014-2015 and placing $91,499 of the Sheriff’s Department appropriation on Controller’s Reserve; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of $105,000 to the Public Utilities Commission of this request. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

rdinance authorizing the Public Utilities Commission (PUC) to use pro forma agreements to purchase and sell electricity and related products and services to operate the City’s municipal electric utility and community choice aggregation program; authorizing the General Manager of the PUC, in such agreements, to deviate from certain otherwise applicable requirements of City law, under certain circumstances; and authorizing the PUC, within specified parameters, to approve agreements with terms in excess of ten years or requiring expenditures of $10,000,000 or more for renewable and greenhouse-gas-free power and related products and services. (Fiscal Impact); (Economic Impact pending further Office of Economic Analysis Review) Supervisor Campos requested to be added as a co-sponsor. Supervisor Breed, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, on Page 11, beginning on Line 11, by adding '(6) That within 30 days of any agreements and/or contracts authorized by this legislation being fully executed by all parties, the final agreement or contract shall be provided to the Clerk of the Board for inclusion in the official file.' The motion carried by the following vote:

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

Noes: None

(Fiscal Impact); (Economic Impact pending further Office of Economic Analysis Review) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

150210 [Lease Agreement - Menzies Aviation (USA), Inc. - West Field Cargo Building 632 and Related Areas on Plot 9 - $7,546,780] Resolution approving Lease Agreement No. 15-0033 between Menzies Aviation (USA), Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for approximately 50,319 square feet of exclusive use space in West Field Cargo Building 632 and related areas on Plot 9, with an estimated minimum rent of $7,546,780 for a three-year term with three one-year options to extend. (Airport Commission) Resolution No. 181-15 ADOPTED by the following vote:

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

Noes: None

150212 [Lease Agreement Termination - Buth-na-Bodhaige, Inc., dba The Body Shop] Resolution approving the Termination of Lease Agreement between Buth-na-Bodhaige, Inc., dba The Body Shop, and the City and County of San Francisco, for the Boarding Area “F” Pharmacy, Health, and Beauty Store, Lease No. 08-0133, acting by and through its Airport Commission, to occur following Board approval. (Airport Commission) Resolution No. 182-15 ADOPTED by the following vote:

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

Noes: None

150342 [Lease of Real Property - BRCP 1390 Market, LLC - 1390 Market Street - $479,031.70 in Initial Year] Resolution authorizing the exercise of a five-year option to extend the lease with BRCP 1390 Market, LLC, as Landlord, for approximately 10,846 square feet of space at 1390 Market Street at $47,903.17 monthly in the initial year, with the base rent for the first two months abated, for a total rent of $479,031.70 in the initial year, for use by the Department of Children, Youth, and their Families from December 1, 2015, through November 30, 2020. (Real Estate Department) (Fiscal Impact) Resolution No. 167-15 ADOPTED by the following vote:

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

Noes: None

150411 [Accept and Expend Grant - Preterm Birth Initiative Project - $213,369] Sponsor: Christensen Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $213,369 from The Regents of the University of California, San Francisco to participate in a program entitled “Preterm Birth Initiative Project” for the period of July 1, 2014, through May 31, 2015. Resolution No. 184-15 ADOPTED by the following vote:

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

Noes: None

cil from the permitting and regulatory authority of the Department of Public Health; 2) increasing the number of instructional hours required for massage practitioner permits; 3) denying massage business permits to applicants who have been convicted of criminal acts related to human trafficking; 4) aligning massage practitioner attire requirements with State law; 5) incorporating State human trafficking information posting requirements into local law for enforcement purposes; 6) revising the timing and criteria for granting, denying, suspending, and revoking massage practitioner permits, massage establishment permits, sole practitioner massage establishment permits, and outcall massage service permits; 7) specifying massage practitioner permit application and annual license fees; 8) updating the application and annual license fee amounts for massage establishments, outcall massage services, and sole practitioner massage establishments to reflect the currently authorized amounts; and 9) grouping related requirements and making other changes to enhance clarity and promote compliance. Supervisor Yee 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

141303 [Planning Code - Massage Establishments] Sponsors: Tang; Yee and Farrell Ordinance amending the Planning Code to require that massage establishments, with certain exceptions, obtain a Conditional Use permit; to establish a legitimization program for certain massage establishments; to make conforming amendments; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings, including findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Yee 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

150360 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works) Gretchen Rude, Phil Galli, and Joseph Thoppil (Public Works) responded to questions raised throughout the discussion and indicated that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 820 Lawton Street; 3376-25th Street, #3; 575 Bayview Avenue; and 100-26th Avenue. The amendments to the accompanying report were received without objection. Supervisor Christensen duplicated the file, see File No. 150485. Supervisor Christensen, seconded by Supervisor Tang, moved that the following addresses be removed from the accompanying report: 411 Grant Avenue; and 730 Grant Avenue. The motion carried by the following vote:

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

Noes: None

The amendments to the accompanying report, as provided by Public Works, and further amended by the Board of Supervisors, included in File No. 150360, were received. Resolution No. 183-15 Supervisor Cohen, seconded by Supervisor Christensen, moved that this Resolution be ADOPTED, after accepting the amendments to the accompanying report, carried by the following vote:

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

Noes: None

150485 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works) Duplicated by Supervisor Christensen from File No. 150360. Supevisor Christensen, seconded by Supervisor Tang, moved that the accompanying report be amended to only include: 411 Grant Avenue; and 730 Grant Avenue. The motion carried by the following vote:

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

Noes: None

The amendments to the accompanying report, as amended by the Board of Supervisors, included in File No. 150485, were received. Supervisor Christensen, seconded by Supervisor Tang, moved that this Resolution be CONTINUED to May 19, 2015, after accepting the amendments to the accompanying report, carried by the following vote:

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

Noes: None

150399 [Reappointment, Police Commission - L. Julius Turman] Motion confirming the Rules Committee's nomination of, and reappointing, L. Julius Turman, term ending April 30, 2019, to the Police Commission. (Rules Committee) Motion No. M15-082 APPROVED by the following vote:

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

Noes: None

150449 [Final Map 8268 - 3322-16th Street] Motion approving Final Map 8268, a six residential unit Condominium Project, located at 3322-16th Street, being a subdivision of Assessor’s Block No. 3557, Lot No. 013; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works Department) Motion No. M15-083 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