Board of Supervisors Minutes: October 20, 2015

150983 [Appointments, Immigrant Rights Commission - Edward Lee, Andrei Romanenko, Mario Paz, Celine Kennelly, Felix Fuentes, Melba Maldonado, and Toye Moses] Motion appointing Edward Lee, term ending June 6, 2016, and Andrei Romanenko, Mario Paz (residency requirement waived), Celine Kennelly, Felix Fuentes, Melba Maldonado (residency requirement waived), and Toye Moses, terms ending June 6, 2017, to the Immigrant Rights Commission. (Rules Committee) Motion No. M15-156 APPROVED The foregoing items were acted upon by the following vote:

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

151000 [Appropriation - Wastewater Enterprise General Reserve - Claims Settlements and Related Expenses as a Result of December 2014 Rain Storms - $5,000,000 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $5,000,000 from Wastewater Enterprise designated for general reserve in the Public Utilities Commission Wastewater Enterprise to pay the claims settlements, legal expenses, and related costs due to the extraordinary expenses incurred as a result of the December 2014 rain storms in FY2015-2016. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

150831 [Agreement Amendment - Bayview Hunters Point Foundation for Community Improvement, Inc. - Behavioral Health Services - Not to Exceed $41,649,706] Resolution approving an amendment to the agreement between the Department of Public Health and the Bayview Hunters Point Foundation for Community Improvement, Inc., for behavioral health services, increasing the total contract amount by $12,399,243 for a total contract amount of $41,649,706 for the period of July 1, 2010, through December 31, 2017. (Public Health Department) (Fiscal Impact) Resolution No. 391-15 ADOPTED by the following vote:

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

150832 [Emergency Contracts - Alta Consulting Services, Sierra Detention Systems, and Siemens Industry, Inc. - Security Systems for County Jails Number 1 and 2 - Not to Exceed $1,116,047] Resolution approving three emergency public work contracts under Administrative Code, Section 6.60, with Alta Consulting Services, Sierra Detention Systems, and Siemens Industry, Inc., to design, repair and upgrade the electronic security system for County Jails Number 1 and 2, with total contract amounts not to exceed $1,116,047. (Public Works) (Fiscal Impact) Resolution No. 392-15 ADOPTED by the following vote:

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

150867 [Amended and Restated Memorandum of Understanding - Clipper® Program Governance and Operations] Resolution approving the Amended and Restated Memorandum of Understanding with the Metropolitan Transportation Commission and other Bay Area transit agencies for the future governance and operation of the Clipper® program through June 30, 2025. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 393-15 ADOPTED by the following vote:

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

150895 [Real Property Lease - Twin Peaks Petroleum, Inc. - 598 Portola Drive - $100,913 Per Year Base Rent] Sponsor: Yee Resolution authorizing the lease of real property located at 598 Portola Drive with Twin Peaks Petroleum, Inc., a California corporation, doing business as Twin Peaks Auto Care, successor-in-interest to Michael Gharib, for an initial five-year term at a base rent of $100,913 per year, to commence upon approval by the Board of Supervisors and Mayor, in their respective sole and absolute discretion. Resolution No. 394-15 ADOPTED by the following vote:

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

150945 [Apply for Grants - 2015 Emergency Preparedness Grants] Sponsor: Mayor Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco any actions necessary for the purpose of obtaining State and Federal financial assistance under various grant programs, including: the FY2015 Urban Areas Security Initiative Grant, the FY2015 State Homeland Security Grant Program, the FY2015 Emergency Management Performance Grant, and the 2015 Local Government Oil Spill Contingency Plan Grant Program. Resolution No. 395-15 ADOPTED by the following vote:

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

150949 [Accept and Expend Grant - Solano County Water Agency - San Francisco Public Utilities Commission High-Efficiency Toilet Incentive Programs - $123,042] Sponsor: Christensen Resolution authorizing the San Francisco Public Utilities Commission (SFPUC) General Manager to accept an additional award of up to $123,042 through the SFPUC's Memorandum of Understanding with the Solano County Water Agency for implementation of a regional water conservation program, funded in part by grant funds from the California Department of Water Resources, for a total award of up to $986,042. (Fiscal Impact) Resolution No. 396-15 ADOPTED by the following vote:

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

150976 [California Enterprise Development Authority Issuance of Tax-Exempt Bonds - Mission Resource Center, LLC - Not to Exceed $7,000,000] Sponsor: Campos Resolution approving in accordance with Internal Revenue Code of 1986, as amended, Section 147(f) thereof, the issuance of tax-exempt Bonds by the California Enterprise Development Authority in an aggregate principal amount not to exceed $7,000,000 to finance and refinance various capital facilities owned by Mission Resource Center, LLC, and determining other matters in connection therewith. Resolution No. 397-15 ADOPTED by the following vote:

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

150796 [Confirming Support for the Sanctuary City and Due Process for All Ordinance and Urging the Sheriff to Immediately Rescind His Department-Wide Memorandum of March 13, 2015] Sponsor: Farrell Resolution confirming the Board of Supervisors’ support for the Sanctuary City and Due Process for All Ordinance; and urging the Sheriff to immediately rescind his department-wide memorandum of March 13, 2015, regarding immigration and custom enforcement procedures, contact, and communication. Supervisor Cohen, seconded by Supervisor Avalos, moved that this Resolution be TABLED. The motion carried by the following vote:

Ayes: Avalos, Campos, Cohen, Kim, Mar, Yee

Noes: Breed, Christensen, Farrell, Tang, Wiener

150818 [Reaffirming Approval of the CleanPowerSF Updated Implementation Plan] Sponsors: Mayor; Breed and Mar Resolution reaffirming approval of the CleanPowerSF Updated 2015 Implementation Plan and Statement of Intent for a community choice aggregation program, including modifications consistent with the 2015 Implementation Plan. Resolution No. 390-15 ADOPTED by the following vote:

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

150948 [Resolution Urging the Rejection of Priority Enforcement Program] Sponsors: Campos; Avalos and Mar Resolution opposing the scapegoating of immigrants and urging the rejection of the deportation-focused Priority Enforcement Program. (Supervisor Yee dissented in committee.) Supervisor Breed, seconded by Supervisor Christensen, moved that this Resolution be AMENDED on Page 2, Lines 17-19, adding ‘except as allowed in Administrative Code, Sections 12I.3 or 12H.2-1,’ after ‘Enforcement Program,’, by striking ‘which’, and adding ‘because PEP’. The motion carried by the following vote:

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

Resolution No. 389-15 ADOPTED AS AMENDED by the following vote:

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

150871 [Planning Code - Technical Amendments and Corrections] Sponsor: Mayor Ordinance amending the Planning Code to correct errors, reenact previously-existing language that was repealed in error as part of the Article 2 Reorganization Ordinance, update the Code, and make nonsubstantive language revisions to simplify and clarify text; 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

150913 [Administrative Code - Extension of the Public Utilities Revenue Bond Oversight Committee] Sponsor: Farrell Ordinance amending Administrative Code, Section 5A.36(a), to extend the sunset date of the Public Utilities Revenue Bond Oversight Committee, for an additional three years, to January 1, 2019. PASSED, ON FIRST READING by the following vote:

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

150858 [Public Hearing - Appeal of Tentative Map - 40 Bernal Heights Boulevard] Hearing of persons interested in or objecting to the decision of Public Works dated August 24, 2015, approving a proposed four-lot subdivision located at 40 Bernal Heights Boulevard, Assessor's Block No. 5640, Lot No. 010; and making environmental findings under the California Environmental Quality Act. (District 9) (Appellant: Betsy Brown and Chris Witteman, on behalf of Bernal/Powhattan Neighbors) (Filed September 3, 2015). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance. There were no speakers. Supervisor Campos, seconded by Supervisor Tang, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of December 1, 2015. The motion carried by the following vote:

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

150859 [Approving Decision of Public Works and Approving the Tentative Map - 40 Bernal Heights Boulevard] Motion approving decision of Public Works and approving the Tentative Map for a four-lot subdivision located at 40 Bernal Heights Boulevard, Assessor's Block No. 5640, Lot No. 010; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2015. The motion carried by the following vote:

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

150860 [Disapproving Decision of Public Works and Disapproving the Tentative Map - 40 Bernal Heights Boulevard] Motion disapproving decision of Public Works and disapproving the Tentative Map for a four-lot subdivision located at 40 Bernal Heights Boulevard, Assessor's Block No. 5640, Lot No. 010. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2015. The motion carried by the following vote:

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

150861 [Preparation of Findings Related to the Tentative Map - 40 Bernal Heights Boulevard] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a four-lot subdivision located at 40 Bernal Heights Boulevard, Assessor's Block No. 5640, Lot No. 010. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 1, 2015. The motion carried by the following vote:

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

150609 [Board Response - Civil Grand Jury - Unfinished Business: A Continuity Report on the 2011-12 Report, Déjà Vu All Over Again] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2014-2015 Civil Grand Jury Report, entitled “Unfinished Business: A Continuity Report on the 2011-12 Report, Déjà Vu All Over Again;" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Resolution No. 388-15 ADOPTED by the following vote:

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

Absent: Yee

150845 [General Plan Amendment - 302 Silver Avenue - Urban Design Element Map 5] Sponsor: Avalos Ordinance amending the General Plan by revising Map 5 of the Urban Design Element to change the bulk designation shown on the Map for 302 Silver Avenue, Assessor's Block No. 5952, Lot No. 002; adopting and making findings regarding the Mitigated Negative Declaration prepared in compliance with 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. A partial roll call vote was taken. President Breed, without objection, suspended the roll call vote within the provisions of Board Rule 5.23 (Vote Explanation) to allow further discussion. PASSED, ON FIRST READING by the following vote:

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

150846 [Planning Code, Zoning Map - Creating the Jewish Home of San Francisco Special Use District, 302 Silver Avenue] Sponsor: Avalos Ordinance amending the Planning Code and Zoning Map to create the Jewish Home of San Francisco Special Use District located at 302 Silver Avenue, Assessor's Block No. 5952, Lot No. 002; to allow an increase in height within portions of the Special Use District; and adopting findings, including environmental findings about the negative declaration and mitigation monitoring and reporting plan, Planning Code, Section 302, findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. A partial roll call vote was taken. President Breed, without objection, suspended the roll call vote within the provisions of Board Rule 5.23 (Vote Explanation) to allow further discussion. PASSED, ON FIRST READING by the following vote:

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

151027 [Final Map 7890 - 601-605 Baker Street] Motion approving Final Map 7890, a 6 residential unit and 2 commercial unit, mixed-use Condominium Project, located at 601-605 Baker Street, being a subdivision of Assessor’s Block No. 1177, Lot No. 010; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M15-158 APPROVED The foregoing items were acted upon by the following vote:

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