Skip to main content

tv   [untitled]    June 4, 2014 8:30pm-9:01pm PDT

8:30 pm
we will agree with the budget analyst recommendation to amend the legislation to correct the resolution, to reflect the resolution and the correct amount of 52,176,000, which is over the term of the lease and i will amend the resolution, and should you agree and get that to the clerk, this afternoon. >> okay. thank you very much. any questions? >> could you do your report, please? >> mr. chairman and supervisor avalos on page 25 of the report we report that the subject lease as she just indicated will generate the minimum annual revenues by the green beans to the airport, over the next ten years. and that excludes annual cpi adjustments we recommend that you amend the proposed res lacing to state the correct
8:31 pm
minimum guarantee, and of 52,176 and recommend that you approve the proposed resolution as amended. >> thank you, mr. rose, seeing no comments, we will move on to public comment and anybody wishing to comment on item fine? >> ♪ >> anybody else wish to comment on item nine? >> seeing none, public comment is closed. okay. we have a budget analyst recommendation. >> so a motion, to accept the recommendation and move forward. >> we can take that motion without objection. >> madam clerk, could you call
8:32 pm
item ten? >>resolution approving the acquisition of 28 avigation easements from various property owners in san mateo county required for the san francisco international airport's noise insulation program (project); adopting findings that the project is categorically exempt from environmental review under the california environmental quality act class 1: existing facilities; adopting findings that the acquisition is consistent with the general plan, and the eight priority policies of planning code, section 101.1; and authorizing the director of property and mayor to execute documents, make certain modifications, and take certain actions in furtherance of this resolution. (real estate department). >> okay, thank you. mr. up dike for joining us. >> good morning, chair farrell and members of the committee, so this item, is something that you have seen on occasion, the land use committee has also heard from a number of these easements have been previously processed over the last couple of years, and mainly due to terms. and previously, these easements had 20 year terms and expired so we brought forward a number of replacement easements and those did not have a fiscal impact and so they were heard at land use and today we have a
8:33 pm
28 easements in the cities and these are perpetual in nature, and they are from properties within the area that reach a certain community noise level that needs to be reduced through the mitigation and the airport has approved the sound proofing in the hounds, window and door replacement and attic insulation and new air intakes and physical improvements to the homes. the faa grant funds cover 53 percent of these particular improvements with airport capitol funds, covering the reminder of 24 percent and so that is just over 750,000, out of airport capitol. for all 28 locations. on september four, 2013, they authorized the easements and this program, on december 27, 2013, the planning department issued letter and you have that in your file and on may six of
8:34 pm
this year, the airport awarded the construction contract for the improvement of the effected homes and now we are before you seeking your approval of to process these 28 easement and place them of record in the county of san mateo. >> i am here to answer any questions that you might have. >> colleagues any questions to this point? >> seeing none, mr. rose could we go to your report, please? >> yes, mr. chairman, and supervisor avalos on the bottom of page 29 is shown in table two, the cost to require, the first 28 easements from the properties is 1 million, 597,514 and it will pay for the sound proofing of the residences and the costs and pertaining to the aircraft noise and that is, that the airport has reported to us that by agreeing to these grant, and
8:35 pm
by the airport and the property owners weigh the right action the airport accept in the agreements. as mr. up dike has indicated and ha shown on page 30 of table three of our report, 53 percent of the costs were about 847,000 would be born by the faa grants with the remaining 750,000 and 47 percent from the airport capitol funds and this is a long standing program and as you know, that we recommend that you approve the resolution. >> any questions from mr. rose or staff? >> and seeing none, we will move on to public comment, anybody wish to comment on item ten? >> ♪
8:36 pm
>> anybody else wish to comment on what happens number ten? >> seeing none, public comment is closed. okay. we have a recommendation to approve this item, can we have a motion to approve? and we can take it without objection. >> madam clerk could you call our last item, number eleven? >>resolution retroactively authorizing the sublease of real property of approximately nine years, with an effective date of april 1, 2014, for approximately 6,024 square feet of space at 3450 third street, with the san francisco child abuse prevention center, a california nonprofit corporation, as sublessor, for use by the children's advocacy center of san francisco through the human services agency, at the initial monthly rent of $22,113.10 for the period from april 1, 2014, through march 31, 2015. >> okay, thank you, i think that we have a few speakers on this item, first mr. up dike, take it away. >> thank you, chair, up dike,
8:37 pm
director of real estate and today we seek your approval of a sublease agreement, between the city and the san francisco child abuse prevention center and that is a non-profit corporation, at 3450, 53rd street for what is called the children's advocacy center, i am joined today as you see by representatives of the center to speak to the successful model of service delivery here that is ground breaking in many respect and we will have them come up during call to the audience. and before i get into these details i want to give you a little bit of history on this so you have the context of why it is coming to you at this time in this form. the non-profit first signed the release for the space in september of 2011. and in october of 2011, the planning code and zoning map amendments were introduced to the board and that permitted the out paishlt, medical care clinics within the development and that was approved by the
8:38 pm
board in february of 2012 and that was ordinance, 2612 and later that summer, real estate was first contacted to begin the work on a very complex concept here placing city staff from a number of departments, in this case, and they outlined in the budget analyst report, hsa, and dph and the district attorney and the police and with the juvenile division and the city attorney. in to the site, under a sublease agreement with the non-profit as the master leaseee and it was unclear at that time which department would take the lead and how the funding issues would be addressed and how the existing would be modified between the profits and the non-prophet. in 2013, they had the discretionary review, approved by the planning commission in a public hearing and approved.
8:39 pm
hsa staff began in 2014, sublease now before you is retroactive to april one, 2014. and as known in the budget analyst report, the master lease, between 1238, llc and the child abuse prevention center was amended five times between october 2011, and september 2013. some of the amendments were a bit confusing in nature. and we had some areas of conflict that we needed to work with the non-profit to fully understand the import of all of those amendments and what rights will be flowing to the city as the subleasee. and i have to say that i have been doing this stuff, for 30 some years, and this is the first time that i have seen a lease that was three years old and already on the fifth amendment and that is pretty unusual. that created an issue of complexity for us to navigate through, and frankly it was a
8:40 pm
real partnership with the center and i want to thank them for being very transparent in helping us understand the relationship between the landlord, tenant and then to us as subtenant and so additionally this project involves portioning a cost across the sublease space and that needed to happen, to a fair and equitable manner and all of this led to negotiations taking far longer than we anticipate and that said, we are not exactly thrilled to be here, with a retroactive commencement date and we recognize that, and it is executed before and recommended by our department. and it is not consistent with the board policy. we take a moment to think about the terms itself and it is ai 9 year agreement, covering the facility and terminates when the master lease expires and so that is why it has a rather odd
8:41 pm
term, and not exactly, and that expires to march 1, 2023, the cost is 22,000, and 113 a month in rent, increasing 3 percent per year and we have a termination right that has been built into this and that we want to have the ability for the flexibility over time and in this case, after march 26, 2018, with the proper notice, and payment to the center of the value of the tenant improvement and the time of the termination and then we may exit and that is consistent with the other agreements that you have seen come before you with the early termination clauses and the rent itself is fair rent agreement and that is also, noted in the budget analyst report and we have a documentation that was to support, and we do agree with
8:42 pm
the proposed amendment and i recommend that when the real estate brings the amendment to the section 23, and we relate that that amendment is going to have a number of real estate and the other changes to the leasing both the tenant and the city as the landlord and we like to make it clear in the admin code that the departments are not to enter into the private space without the benefit of an approved agreement. and that is not in the code anywhere. and i was rather surprised. sometimes those are kind of obvious, we don't have them in the code and it is just an opportunity to very forth rightly state, that here is our process, and i think that will help in the future. and providing us some additional code authority to manage that issue. i don't think that needs to be in the form of a further amendment to the resolution and i think that your direction here will be appreciated and that document will be flowing forward in the next month or
8:43 pm
so, and that is consistent with some of the issues that came out of a civil grand jury report as well as a legislative and budget report, and so that is my presentation relative to the facts of the transaction itself and as i say, katie is here and he will be happy to address the questions that you may have and address you to the call to the audience and answer the questions that you may have as well. >> thank you for that explanation, and i think that the one thing that concerned me is retroactive is not good but moving in january, you can't be a precedent that was setting or allowing to happen, certainly as a board in this committee and if that is legislative or otherwise, i am happy to work with the office to get that done and give you that authority and make sure that you have a hammer going forward. any questions colleagues? >> okay. they are here to speak to the
8:44 pm
on it, and he is happen i don't to answer the questions. >> and yeah, i will give you the opportunity to come and speak if you like i want to explain why we took the occupancy in january, we never think to have the operationals or our logistics staff move to be out of sync with the regulatory approvals but in the cases like this, sometimes it happened, and we gave up a facility on december, on valencia street that housed 39 of our family and children staff, in moving the staff, we have the staff slated to go to the child advocacy center and it was ready in turn key and we put them in there because the interviews were starting in the month of january and it is not in the code that prohibits us
8:45 pm
from doing that and many of our other service contracts where we have the city buildings and we have the service agreements with the non-profits running the building and vice versa where we have the non-profits and the city has the similar thing >> i am the director of the san francisco child abuse prevention center and i am so deeply honored to be here today in support of the lease between the city and county of san francisco, and the san francisco child abuse prevention center to house the children's advocacy center of san francisco, a first in our community. and i i am joined by many members in the community and our public partners at the city and the district attorney office. and the human services agency, and the health department and the police, and general hospital. and i asked the members, to stand and show their support.
8:46 pm
i also have letters for each of the supervisors, and the clerk of the board additional support from ucsf, the giants and other community members in support of our projects. thank you so much. >> as one of our public partners have said, this project is truly the best of san francisco coming together to protect children, the children's advocacy children, is a place where harm stops and hope and healing begin, it is a place where a child and it is the one place where a child who has been a victim of abuse, can share his or her own story one time with all of the remarkable professionals who need to hear that child's story and help that child gather together. san francisco sadly has the highest rate of child abuse in the bay area. with 6,000 reports of child
8:47 pm
abuse each year and 10,000 children exposed to violence. child abuse is the root cause of critical problems that we as the city and municipality and the country are trying to fix. from the education system from the economy and to the justice system to the healthcare system and the children who are abused are more likely to drop out of school and grown up as teen parents and be thrown in jail and remain unemployed and suffer from serious and long term health issues. the cause and the impact of child abuse is complex. and so too are its solutions. the treatment and prevention of child abuse requires long term partnership, and experience. and that what just happens here. the human services agency and
8:48 pm
the health department and the police and the general hospital and the ucsf and the prevention center and we came together and we agreed that we should have a children's advocacy center in san francisco and since that time, we have worked with the community and together to bring the services under one roof. and as you know, this matter has come before this board, the planning commission, and for several entitlements and other reviews, and each time this project has received unanimous support, and we have also entered into two multiagency memo of understanding and outlining each partner's rolls and responsibilities and now, if this committee and the board approve this lease, we are looking forward to entering into this long term partnership. and because of all of this work, and the culmination of where we are today, the new children's advocacy is on track to receive the national accreditation and recognition to double the capacity to provide the services to the children in vie sis, and to
8:49 pm
provide the state of the art technology and healing and for the public partner to locate together in a child friendly space, which research shows saved municipalities and resources and services and to provide exceptional service to children and families to date, provided the services who without would not have had the multilevel approach in the center where we are now and aligned with there work, we are also, with the tipping point community and the center for the youth wellness and the health center to create the much, needed wellness centers for the children in our city and i want to conclude by saying, thank you, thank you to all of the amazing people here, that do this work every day. to the people who are interviewing children, who are invest gating the cases who are providing amazing support and agreement to our families and
8:50 pm
on behalf of the entire prevention center and our board and staff and supporters i want to thank the department, of human services and the health department and the police and the general hospital, and our district attorney, and our city attorney, as well as the office of the mayor, the department of reestate and the city administrator's office and thank you, to all of you, the board of supervisors, for your personal dedication, and leadership, to protecting children. i have to say, that thousands of children will have a better life because of what you have done for them here today, thank you very much. >> thank you, colleagues any questions right now for any of the presenters? >> okay. mr. rose, could we go to your report, please? >> of course, mr. chairman and members of the committee, on page 36 of our report, we report that hsa will pay, 22,113 dollars per month in rent for a total of 265, and that is the first year and that
8:51 pm
includes, the base rent and the first year's operating costs as well as $118,070 to advertise the city, improvements of approximately 1.1 million dollars. and as summarized in table five on page 37 of the report, hsa is projected to pay a total of 2 million, 823,404 dollars over the nine year term of the proposed sublease, our recommendation on page 38 we recommend that you amend to add a further resolve clause that it is the policy of the board of supervisors that leases should be submitted to the board of supervisors for approval prior to the effective date of the lease and prior to the department occupying the lease or the premises and we recommend that you approve the resolution as amended. >> thank you, mr. rose, colleagues any questions for our budget analyst? >> okay, we will open this up for public comment. is there anyone that wish to public comment on item eleven?
8:52 pm
>> good morning, i am captain joe mcfaden and i am the commanding officer of the special victims unit that covers the child abuse section, i have never seen a collection in 25 years of police service, of people, acted towards one thing and this being, the physical and the center that we now have, is unbelievable and in the old days, you will find these children, brought to the sfgeneral. and you will have to track down the parents, and the district attorney, and everyone else to get together, and you have a one stop shop here and this is effective throughout the community, and not only, in san francisco, but, it is a or something that is admired throughout the counties and this, we stand fully behind the sections there and i invite all of you to go through and take a
8:53 pm
walk through the incredible work
8:54 pm
>> ♪ . >> next speaker please. >> good morning, my name is glora simiyoa and i am the coordinator at the new center and i just want to say that it is the best thing for children like our captain said in the past, we were at the basement of the general hospital, which was a great location, but this is much better, and it is new, and it is clean, the families we have already interviewed close to 100 children at the new center, and they are all impressed and the children, come in, and their eyes open, and they see all of the new furniture, and the new toys, and they go into the new lovely
8:55 pm
interview rooms. and the staff, are really happy, and it moves us together and it is just, if we feel taken care of. and so, it gives us energy to take care of the children that need our help. thank you. >> thank you very much. >> and anybody else wish to comment on this, item? >> good morning, thank you, and i am linda moore and i am an assistant district attorney for the city and county of san francisco, and i do the child abuse cases for many years and i am also a member of the board of the san francisco child abuse prevention center and i am here to ask you to pass the legislation that will allow the sublease for the children's advocacy center and as you have heard, it is an amazing place, designed to bring together everybody in one spot. and there is also a design to be truly child friendly, and truly welcoming and non-intimidating in a way that the basement of the san francisco general hospital, are going to be.
8:56 pm
and the da's office, is involved in the child advocacy center as interviews and advocates for the victims in this, and as the prosecutors of any cases that we can bring that come out of those interviews. and the district attorney office has been involved from the beginning, in the planning and the development of the child advocacy center, and from the time that it was really nothing but a pipe dream that we talked about after the interviews of the basement of general, and it has come about because of the san francisco child abuse center, and they have provided what finally brought about, the child advocacy center. the children who have been the victims of sexual or physical assault are often profoundly traumatized and without help they will not heal and this center allows that to happen, and it allows them to come to one place, and tell their story once, to a trained transit
8:57 pm
nurse, such as glory who you just heard from, not have to tell it again to the cps and then to the police and again to the doctor. and if they need medical help, they can see the doctor there, in that building, instead of having to be transported with their family to general, to an er that may be kie chaotic and scary to a child and they can see the kher pift there and they can see the victim advocate there, and who can set them up with services and make sure that the family is cared for as well as the child. it not only vastly improves the lives of the children who come through it and the chances of complete healing but it improves the ability to develop evidence, that will allow us to prosecute those who perpetrate these crimes on the children and they are difficult case to prosecute, this is the realization of a long held and a much needed dream, and we ask you to support the legislation. >> thank you very much. >> anybody else wish to comment on item 11?
8:58 pm
>> okay. and seeing none, public comment is closed. and supervisor, mar? >> i was not going to say anything, but i will just thank katie albriegt and abigail for sharing the story and the vision that you have for the thousands of children in the city that have been abused and i thought that walter's song when will i be loved my favorite version is linda ronstat, but it is a great question, when will i be loved, and for the many children that have faced abuse i think that your vision and children's advocacy vision and the child abuse center vision is incredible and as a city, my hope is that we always support these efforts and i had the questions that supervisor farrell had about the retroactivity about the lease and but to help, seven or more children over a period of time,
8:59 pm
did, and to this issue and obviously we have to work on many, many leases going forward and so we will work on that together and for the budget analyst for addressing that. but in particular, to all of those that are here and they are involved and particularly miss albriegt thank you for your leadership and the impact that this has is incredible and we have heard from so many people about the great work that has been done and so thank you for the leadership in the city. and so with that, the colleagues, if any of the comments that we have the budget analyst recommendation and then the underlying item,
9:00 pm
and to get a motion to approve the analyst recommendations and the underlying item as amended. >> could i have a motion ta that effect. >> so moved. >> and we will take it without objection. >> so moved. >> chair? >> i would like to request that the department provide us with the amended legislation before 9 a.m. tomorrow morning. >> okay. >> so moved. >> okay, thank you. madam clerk, do we have any other business in front of us. >> no, mr. chair, >> okay, we are adjourned.