# Board of Supervisors Minutes: April 20, 2010

- Meeting date: 2010-04-20
- Document type: minutes
- Source format: PDF
- Extracted pages: 25
- [Canonical HTML transcript](https://sfbos.info/documents/1992/2010-04-20-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m042010.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 100248: Creation of General Reserve and Budget Stabilization Reserve

- Pages: 7-8
- Sponsors: Chiu; Mayor, Chu and Mirkarimi
- Vote 1: final-passage, likely final
  - Action: 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
  - Excused: Maxwell

### File 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

- Pages: 8
- Sponsors: Mayor
- Vote 1: first-reading
  - Action: 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
  - Excused: Maxwell

### File 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

- Pages: 8-9
- Sponsors: Mayor; Dufty
- Vote 1: first-reading
  - Action: 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
  - Excused: Maxwell

### File 100340: Wastewater Revenue Bond Issuance – Not to Exceed $297,756,235

- Pages: 9
- Sponsors: Mayor; Dufty
- Vote 1: first-reading
  - Action: 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
  - Excused: Maxwell

### File 100264: Urging Lennar Corporation to Issue a Formal Written Apology

- Pages: 9-10
- Sponsors: Daly
- Vote 1: amendment
  - Action: 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
  - Excused: Maxwell
- Vote 2: rejection
  - Action: 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
- Vote 3: rejection
  - Action: 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
- Vote 4: adoption, likely final
  - Action: ADOPTED AS AMENDED AND DIVIDED by the following vote:
  - Ayes: Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi
  - Noes: Chu, Elsbernd
  - Excused: Maxwell

## Extracted text

### [Page 8](https://sfbos.info/documents/1992/2010-04-20-minutes#page-8)

Board of Supervisors Meeting Minutes - Final Tuesday, April 20, 2010

NEW BUSINESS

Recommendations of the Budget and Finance Sub-Committee

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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi
 Excused: 1 - 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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi
 Excused: 1 - Maxwell

City and County of San Francisco Page 334 Printed at 10:08 am on 5/20/10

### [Page 9](https://sfbos.info/documents/1992/2010-04-20-minutes#page-9)

Board of Supervisors Meeting Minutes - Final Tuesday, April 20, 2010

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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi
 Excused: 1 - Maxwell

From the City Operations and Neighborhood Services Committee Without
Recommendation

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: 10 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Mirkarimi
 Excused: 1 - 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: 5 - Avalos, Campos, Daly, Mar, Mirkarimi
 Noes: 5 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd
 Excused: 1 - 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: 5 - Avalos, Campos, Daly, Mar, Mirkarimi
 Noes: 5 - Alioto-Pier, Chiu, Chu, Dufty, Elsbernd
 Excused: 1 - Maxwell
 ADOPTED AS AMENDED AND DIVIDED by the following vote:
 Ayes: 8 - Alioto-Pier, Avalos, Campos, Chiu, Daly, Dufty, Mar, Mirkarimi
 Noes: 2 - Chu, Elsbernd
 Excused: 1 - Maxwell

City and County of San Francisco Page 335 Printed at 10:08 am on 5/20/10