Board of Supervisors Minutes: April 27, 2010

100424 [Appointment, Sweatfree Procurement Advisory Group - Alicia Culver] Motion appointing Alicia Culver, term ending December 17, 2011, to the Sweatfree Procurement Advisory Group, residency requirement waived. (Clerk of the Board) Alicia Culver (residency requirement waived), seat 2, succeeding herself, term expired, must have significant experience acquiring goods or services for a public entity, for the unexpired portion of a two-year term ending December 17, 2011. APPROVED 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

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 Cheryl Adams (City Attorney's Office) and Ed Harrington (Public Utilities Commission) who responded to questions raised throughout the discussion regarding File Nos. 100338 and 100339. Supervisor Campos, seconded by Supervisor Mirkarimi, moved to CONTINUE File Nos. 100338 and 100339 to May 11, 2010. Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved to TABLE the motion to CONTINUE File Nos. 100338 and 100339 to May 11, 2010, made by Supervisor Campos. Supervisor Daly, seconded by Supervisors Campos and Mirkarimi, moved to TABLE the motion to TABLE made by Supervisor Elsbernd. The motion to TABLE Supervisor Elsbernd's motion to TABLE FAILED by the following vote:

Ayes: Campos, Daly, Mar, Mirkarimi

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

Excused: Maxwell

Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved to TABLE the motion to CONTINUE File Nos. 100338 and 100339 to May 11, 2010, made by Supervisor Campos. The motion to TABLE Supervisor Campos' motion to CONTINUE File Nos. 100338 and 100339 to May 11, 2010, PASSED by the following vote:

Ayes: Alioto-Pier, Avalos, Chiu, Chu, Dufty, Elsbernd

Noes: Campos, Daly, Mar, Mirkarimi

Excused: Maxwell

FINALLY PASSED 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. FINALLY PASSED 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. (Fiscal Impact.) FINALLY PASSED by the following vote:

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

Noes: None

Excused: Maxwell

100430 [Ten Year Capital Expenditure Plan - FYs2011-2020] Sponsors: Mayor; Chiu Resolution adopting the City's ten year capital expenditure plan for FYs2011-2020. Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved that the attachment to the Resolution be AMENDED on Page 134 to read "Francisco Reservoir: Consistent with Board Resolution 502-08, the City will explore the preservation of the Francisco Reservoir as open space.” The motion carried by the following vote:

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

Noes: Chu, Daly, Elsbernd

Excused: Maxwell

ADOPTED AS AMENDED by the following vote:

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

Noes: None

Excused: Maxwell

100251 [Approval of Contract with AT&T for City Telecommunications Services - $75,000,000] Ordinance approving, retroactively, a contract with AT&T for the purchase of telecommunications services and equipment for a maximum cost of $75,000,000 for a four and one-half year term beginning on March 1, 2010. (Department of Technology) (Fiscal Impact.) PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Maxwell

100311 [Airport Concession Lease - Amendment to Post-Security Master Retail/Duty Free Concession with DFS Group, L.P.] Resolution approving Amendment No. 8 to the Post-Security Master Retail/Duty Free Concession Lease No. 99-0035 between DFS Group, L.P., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) ADOPTED by the following vote:

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

Noes: None

Excused: Maxwell

100321 [Airport Concession Lease - Terminal 2 and 3 Electronics and Technology Stores with Edge 1 Cellular, L.P.] Resolution approving the Electronics and Technology Stores in Terminal 2 and Terminal 3 lease, between Edge 1 Cellular, L.P., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) ADOPTED by the following vote:

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

Noes: None

Excused: Maxwell

090584 [Requiring Lighting Efficiency Measures in Commercial and City Buildings] Sponsors: Dufty; Mayor and Chiu Ordinance amending the San Francisco Building Code by adding a new Chapter 13D, Sections 1301D through 1311D, to require commercial buildings to increase efficiency of fluorescent lighting by the year 2011; amending the San Francisco Environment Code by dividing Section 705 into Sections 705 through 705.5 and amending them to require City-owned facilities to increase efficiency of fluorescent lighting; adopting findings required by California Health and Safety Code Section 17958.7 and environmental findings; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Maxwell

091208 [24th Street - Noe Valley Neighborhood Commercial District - Conditional Use for New Full-Service and Small Self-Service Restaurants] Sponsor: Dufty Ordinance amending the San Francisco Planning Code by amending Section 728.1 and Sections 728.42, 728.44 and 728.69A of the Zoning Control Table to allow new full-service restaurants, small self-service restaurants, and self-service specialty food establishments with conditional use authorization and removing the Specific Provisions for full-service restaurants; adopting findings, including environmental findings, Section 301 findings, and findings of consistency with the General Plan and the Priority Policies of Section 101.1. PASSED, ON FIRST READING by the following vote:

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

Noes: None

Excused: Maxwell

100021 [Acceptance of Real Property - Dearborn Street] Sponsor: Dufty Resolution authorizing an agreement under which the San Francisco League of Urban Gardeners will transfer title to real property located on Dearborn Street (Lot Nos. 040 and 073, Block No. 3577), the use of which is restricted to a community garden; adopting findings that the conveyance is exempt from Environmental Review and is consistent with the City's General Plan and Eight Priority Policies of City Planning Code Section 101.1; and authorizing the Director of Property to execute documents, accept the deeds to property and take certain actions in furtherance of this Resolution. ADOPTED by the following vote:

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

Noes: None

Excused: Maxwell

100152 [Affirming the Determination of Exemption Issued for 2462 – 27th Avenue] Motion affirming the determination by the Planning Department that the project located at 2462 - 27th Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Excused: Chu, Maxwell

100153 [Reversing the Determination of Exemption Issued for the 2462 – 27th Avenue Project] Motion reversing the determination by the Planning Department that the project located at 2462 - 27th Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Chu, Maxwell

100154 [Preparation of Findings Related to the Determination of Exemption Issued for 2462 – 27th Avenue Project] Motion directing the Clerk of the Board to prepare findings related to the appeal of determination of exemption by the Planning Department that the project located at 2462 - 27th Avenue is exempt from environmental review. (Clerk of the Board) Supervisor Elsbernd, seconded by Supervisor Alioto-Pier, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Excused: Chu, Maxwell

100507 [Accept and Expend Gift - Jeanne Fontana Revocable Trust - $25,000] Sponsor: Dufty Resolution authorizing the San Francisco Department of Animal Care and Control to accept and expend a gift of $25,000 from the Jeanne Fontana Revocable Trust. 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