Board of Supervisors Minutes: April 20, 2010

100204 [Americans with Disabilities Act - Reasonable Modification Policy] Sponsors: Alioto-Pier; Mar, Campos, Chiu and Mirkarimi Ordinance adding Administrative Code Section 2A.22.3 to adopt a Citywide Americans with Disabilities Act Reasonable Modification Policy that requires City departments to: (1) provide notice to the public of the right to request reasonable modification; (2) respond promptly to such requests; (3) provide appropriate auxiliary aids and services to people with disabilities to ensure effective communication; and (4) train staff to respond to requests from the public for reasonable modification, and that requires the Mayor's Office on Disability to provide technical assistance to City departments responding to requests from the public for reasonable modifications. FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100248 [Creation of General Reserve and Budget Stabilization Reserve] Sponsors: Chiu; Mayor, Chu and Mirkarimi Ordinance amending the San Francisco Administrative Code by adding Section 10.60, to adopt a binding financial policy under Charter Section 9.120 creating a General Reserve and a Budget Stabilization Reserve and providing rules for deposits to and withdrawals from such funds. (Controller) FINALLY PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100338 [Appropriating $33,735,421 of Proceeds from Debt and Fee Revenues for Water Capital Improvements at the Public Utilities Commission for FY2010-2011 and FY2011-2012] Sponsor: Mayor Ordinance appropriating $33,735,421 of proceeds from debt and fee revenues for the San Francisco Public Utilities Commission (SFPUC) Water Enterprise’s Capital Improvement Program for FY2010-2011 and FY2011-2012 and placing $29,642,138 by project on Controller’s reserve subject to SFPUC's and Board of Supervisors' discretionary approval following completion of project-related analysis pursuant to the California Environmental Quality Act, where required, and receipt of proceeds of indebtedness and fee revenues. (Fiscal Impact.) Privilege of the floor was granted to Nathan Purkiss (Public Utilities Commission) who responded to questions raised throughout the discussion regarding File Nos. 100338, 100339, and 100340. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100339 [Appropriating $348,064,054 of State Grants Proceeds from Debt and Fee Revenues for Wastewater Capital Improvements at the Public Utilities Commission for FY2009-2010] Sponsors: Mayor; Dufty Ordinance appropriating $348,064,054 of state grants proceeds from debt and fee revenues for the San Francisco Public Utilities Commission (SFPUC) Wastewater Enterprise’s Capital Improvement Program for FY2009-2010, and placing $329,962,235 by project on Controller’s reserve subject to SFPUC and Board of Supervisor's discretionary approval following completion of project-related analysis pursuant to the California Environmental Quality Act, where required, and receipt of proceeds of indebtedness, grant funds, and fee revenues. See File No. 100338. PASSED, ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100340 [Wastewater Revenue Bond Issuance – Not to Exceed $297,756,235] Sponsors: Mayor; Dufty Ordinance approving the issuance and sale of wastewater revenue bonds in an aggregate principal amount not to exceed $297,756,235 by the San Francisco Public Utilities Commission to finance various projects benefitting the Wastewater Enterprise pursuant to amendments to the Charter of the City and County of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection therewith. See File No. 100338. PASSED ON FIRST READING by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100264 [Urging Lennar Corporation to Issue a Formal Written Apology] Sponsor: Daly Resolution urging the Lennar Corporation to issue a formal, written apology to members of the Stop Lennar Action Movement and the City and County of San Francisco for irresponsible and potentially dangerous behavior. Supervisor Dufty, seconded by Supervisor Daly, moved that this Resolution be AMENDED on Page 2, Line 2, by changing 'great' to 'potential;' and on Page 2, Line 23, after 'to members of the' by adding 'Bayview Hunter's Point Community.' The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

Supervisor Dufty moved to divide the 'FURTHER RESOLVED' clause relating to disclosure, located on Page 3, Lines 1-3. The question relating to the 'FURTHER RESOLVED' clause regarding disclosure FAILED, as divided, by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd

Excused: Maxwell

Supervisor Alioto-Pier moved to divide the 'WHEREAS' clause relating to unconscionable actions, located on Page 2, Lines 18-21. The question relating to the 'WHEREAS' clause regarding unconscionable actions FAILED, as divided, by the following vote:

Ayes: Avalos, Campos, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Chu, Dufty, Elsbernd

Excused: Maxwell

ADOPTED AS AMENDED AND DIVIDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi

Noes: Chu, Elsbernd

Excused: Maxwell

100240 [Supporting Senate Bill 330 Regarding University of California] Sponsor: Mar Resolution supporting Senate Bill 330 for increased transparency and accountability in auxiliary organizations and foundations in the University of California and California State University systems. ADOPTED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

ting to the approval, subject to certain conditions, of a conditional use authorization (Case No. 2009.0531C), under Planning Code Sections 303, 711.83, and 790.80, to install a wireless telecommunications facility consisting of eight new panel antennas located on the existing four-story mixed-use building’s elevator penthouse structures, with related equipment cabinets located within the structure’s subterranean garage, as part of T-Mobile’s wireless telecommunications network within a NC-2 (Neighborhood Commercial, Small-Scale) Zoning District and a 40-X Height and Bulk District, on property located at 725 Taraval Street, Lot Nos. 052-058 in Assessor’s Block No. 2408. (District 7) (Appellant: Robert Carson) (Clerk of the Board) (Filed March 25, 2010 - Companion Measure to File Nos. 100383, 100384, 100385.) The President inquired as to whether any member of the public wished to address the Board relating to the proposed continuance to May 18, 2010. There were no speakers. The President continued the public hearing open to May 18, 2010. Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Hearing be CONTINUED to May 18, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100383 [Affirming Planning Commission Decision Related to Conditional Use Appeal for 725 Taraval Street] Motion affirming the decision of the Planning Commission by its Motion No. 18037, approving Conditional Use Application No. 2009.0531C on property located at 725 Taraval Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be CONTINUED to May 18, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100384 [Reversing Planning Commission Decision Related to Conditional Use Appeal for 725 Taraval Street] Motion reversing the decision of the Planning Commission by its Motion No. 18037, approving Conditional Use Application No. 2009.0531C on property located at 725 Taraval Street. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be CONTINUED to May 18, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100385 [Preparation of Findings Related to the Conditional Use Appeal for 725 Taraval Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional use Application No. 2009.0531C on property located at 725 Taraval Street, for action by the Board at its next meeting. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Campos, moved that this Motion be CONTINUED to May 18, 2010. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100444 [Affirming the Certification of the 555 Washington Street Project Final Environmental Impact Report] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 555 Washington Street Project. (Clerk of the Board) Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chu, Dufty, Elsbernd

Excused: Maxwell

100445 [Reversing the Certification of the 555 Washington Street Project Final Environmental Impact Report] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 555 Washington Street Project. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved to CONTINUE to May 18, 2010. The motion to CONTINUE to May 18, 2010, FAILED by the following vote:

Ayes: Alioto-Pier, Chu, Dufty, Elsbernd

Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

Excused: Maxwell

Supervisor Daly, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell

100446 [Preparation of Findings to Reverse Certification of the 555 Washington Street Project Final Environmental Impact Report] Motion directing the Clerk of the Board to prepare findings reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 555 Washington Street Project. (Clerk of the Board) Supervisor Alioto-Pier, seconded by Supervisor Elsbernd, moved to CONTINUE to May 18, 2010. The motion to CONTINUE to May 18, 2010, FAILED by the following vote:

Ayes: Alioto-Pier, Chu, Dufty, Elsbernd

Noes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

Excused: Maxwell

Supervisor Daly, seconded by Supervisor Chiu, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chu, Dufty, Elsbernd

Excused: Maxwell

APPROVED AS AMENDED by the following vote:

Ayes: Avalos, Campos, Chu, Daly, Mar, Mirkarimi

Noes: Alioto-Pier, Chiu, Dufty, Elsbernd

Excused: Maxwell

100479 [Commending Women's Sports Foundation Chief Executive Officer, Kathryn Olson] Sponsor: Alioto-Pier Resolution commending Kathryn Olson on her selection as Chief Executive Officer of the Women's Sports Foundation. ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi

Noes: None

Excused: Maxwell