Board of Supervisors Minutes: May 25, 2010

100515 [Settlement of Lawsuit - Blackhawk Parent, LLC - $250,000] Ordinance authorizing settlement of tax refund lawsuit filed by Blackhawk Parent, LLC, against the City and County of San Francisco for $250,000; the lawsuit entitled Blackhawk Parent, LLC, v. City and County of San Francisco, Case No. 478-160 filed August 1, 2008, in San Francisco Superior Court. (City Attorney) FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

ne 11, by replacing 'supported' with 'to support'; on Page 2, Line 12, by replacing 'project' with 'Project'; on Page 2, Line 15, by replacing 'heard and shared concerns' with 'finds'; on Page 2, Lines 15-16, by replacing 'project' with 'Project'; on Page 2, Line 22, by replacing 'project' with 'Project'; on Page 3, Line 2, by replacing 'project' with 'Project'; on Page 3, Line 3, by adding ', the raising of the building' after 'entrance'; on Page 3, Line 7, by replacing 'The' with 'This Board finds that the'; on Page 3, Line 7, by adding 'public' after 'provide'; on Page 3, Line 8, by replacing 'under' with 'as required by'; on Page 3, Lines 12-17, by moving the entire paragraph to Page 4, Line 23, through Page 5, Line 4; on Page 3, Lines 24-25, by adding 'grants the appeal of the exemption determination and' after 'Supervisors'; on Page 4, Lines 9-12, by adding 'that the categorical exemption is void and that any further consideration of project approval must be preceded by preparation of' after 'directs'; on Page 4, Lines 10-11, by deleting 'the Planning Department to prepare'; and on Page 4, Line 14, by deleting 'of four or more units.' The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi

Noes: Alioto-Pier, Elsbernd

nded by Supervisor Alioto-Pier, moved that this Motion be AMENDED, on Page 2, Line 11, by deleting 'substantial evidence in the record support a fair argument that'; on Page 2, Line 17, by replacing 'a' with 'this'; on Page 2, Lines 17-18, by deleting '(specifically, a residence, such as this one, of four or more units)'; on Page 2, Lines 18-19, by deleting 'the Broadway Neighborhood Commercial District'; on Page 2, Lines 20-21, by deleting ', the Chinatown Mixed Use Districts, and the Telegraph Hill North Beach Residential Special Use District'; on Page 3, Line 22, by deleting 'substantial' and 'supporting a fair argument'; on Page 4, Lines 7-8, by replacing 'prepare an environmental impact report (EIR)' with 'conduct further environmental review'; on Page 4, Line 9, by replacing 'such EIR' with 'the Department'; on Page 4, Lines 10-11, by replacing 'residential buildings of four or more units' with 'this building'; on Page 4, Line 11, by deleting 'the Broadway Neighborhood Commercial District'; and on Page 4, Lines 12-13, by deleting ', the Chinatown Mixed Use Districts, and the Telegraph Hill North Beach Residential Special Use District.' The motion FAILED by the following vote:

Ayes: Alioto-Pier, Chu, Dufty, Elsbernd

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

APPROVED AS AMENDED by the following vote:

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

Noes: Alioto-Pier, Chu, Dufty, Elsbernd

100030 [Amendment to Contract - AnsaldoBreda, Inc., for Light Rail Vehicle Systems Overhaul - Not to Exceed $68,749,421] Sponsors: Chiu and Dufty Resolution approving Amendment One to Contract No. APT 591.01, light rail vehicle doors and steps reconditioning and systems rehabilitation, between the City and County of San Francisco, through the San Francisco Municipal Transportation Agency, and AnsaldoBreda, Inc., to rehabilitate the trucks of 34 light rail vehicles, at the cost of $11,996,867 for a total contract amount not to exceed $68,749,421 and to extend the term of the contract from five years to six years. ADOPTED by the following vote:

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

Noes: None

100502 [2010 Equipment Lease Supplement No. 16 - Not to Exceed $11,500,000] Sponsor: Mayor Resolution approving the form of and authorizing execution and delivery by the City and County of San Francisco of an Equipment Lease Supplement No. 16 (Series 2010A Bonds) between the City and County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco, as lessee, with respect to certain equipment to be used for city purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to exceed $11,500,000; approving the form of the official statement in preliminary and final form; providing for reimbursement to the City and County of San Francisco of certain city expenditures incurred prior to the issuance of lease revenue bonds; and providing for the execution of documents in connection therewith. (Fiscal Impact.) ADOPTED by the following vote:

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

Noes: None

100534 [Water Revenue Bonds Issuance - 2010] Sponsor: Mayor Resolution approving the issuance of water revenue bonds and water revenue refunding bonds to be issued by the Public Utilities Commission of the City and County of San Francisco; affirming covenants contained in the indenture pursuant to which the water revenue bonds are issued; authorizing the taking of appropriate actions in connection therewith; and related matters. ADOPTED by the following vote:

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

Noes: None

100488 [Recreation and Park Department - Coit Tower Non-Resident Fees] Sponsor: Mayor Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.06, to establish non-San Francisco resident fees for the elevator at Coit Tower, and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

Noes: None

100469 [Recreation and Park Department - Botanical Garden Non-Resident Fees] Sponsor: Mayor Ordinance amending the San Francisco Park Code, Article 12, by amending Section 12.46, to establish admission fees to the Botanical Garden for non-San Francisco residents, and making environmental findings. Supervisor Avalos, seconded by Supervisor Mirkarimi, moved that this Ordinance be AMENDED, on Page 5, Lines 7-9, by replacing 'In the event the Department receives new tax revenue in future years it shall rescind the non-resident fee for entrance to the Botanical Gardens' with 'If the Department receives revenue from new tax that can be used for operating and maintenance costs at the Botanical Gardens, authority to collect the non-resident fee for entrance to the Gardens shall expire by operation of the law within 90 days after the effective date of the new tax.' The motion carried by the following vote:

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

Noes: None

Supervisor Mirkarimi, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, on Page 5, Lines 10-12, by replacing 'With its budget submission for Fiscal Year 2011-12, the Department shall report to the Budget Finance on its collection of the non-resident fee for entrance to the Botanical Gardens' with 'The Department shall provide biannual reports to the Budget and Finance Committee on its collection of the non-resident fee for entrance to the Botanical Gardens, such reports shall include the following information: 1. Attendance figures for San Francisco residents, Members of San Francisco Botanical Garden Society, and Non-San Francisco residents; 2. Capital improvements and operating costs of the Botanical Gardens; 3. Capital improvements and operating costs associated with the collection of the non-resident fee, including a new resident fee; 4. The numbers of San Francisco Botanical Garden Society members; and 5. Gifts and donations received by the Department for the Botanical Garden.' The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Elsbernd, Maxwell

Noes: Dufty, Mar, Mirkarimi

100603 [Appointment, Police Commission - Angela Chan] Motion confirming the Rules Committee's nomination of, and appointing, Angela Chan, term ending April 30, 2014, to the San Francisco Police Commission. (Clerk of the Board) Angela Chan, seat 2, succeeding Vincent Pan, term expired, must be nominated by the Rules Committee or its successor and subject to confirmation by the Board of Supervisors for the unexpired portion of a four-year term ending April 30, 2014. APPROVED by the following vote:

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

Noes: None

100655 [Proclaiming Lyme Disease Awareness Month - May 2010] Sponsors: Alioto-Pier; Dufty Resolution proclaiming May 2010, as Lyme Disease Awareness Month in the City and County of San Francisco. ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Elsbernd

100650 [Urging to Opt-Out of “Secure Communities”] Sponsors: Mar; Campos, Avalos, Maxwell, Daly, Mirkarimi, Chiu and Dufty Resolution urging the San Francisco Sheriff’s Department, the Juvenile Probation Department and the San Francisco Police Department to opt-out of participating in the Police Immigration and Customs Enforcement collaboration program known as "Secure Communities." Supervisor Chu, seconded by Supervisor Maxwell, moved that this Resolution be CONTINUED to June 8, 2010. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

100652 [Opposing Assembly Bill 2650 - Regarding Unnecessary Regulations and Intrusion into the City and County’s Authority] Sponsor: Daly Resolution opposing Assembly Bill 2650, opposing unnecessary State intrusions on the City and County's land use and regulatory authority, and urging San Francisco's State Representatives to oppose this bill and any similar legislation to unnecessarily regulate the location of medical cannabis facilities in contravention of existing or future local ordinances. Supervisor Chu, seconded by Supervisor Daly, moved that this Resolution be CONTINUED to June 8, 2010. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

100654 [Gift for the Repair and Maintenance of the Crocker Amazon Football Field] Sponsors: Avalos; Elsbernd Resolution authorizing and approving a Gift from Sacred Heart Cathedral Preparatory for up to $30,000 for renovations of the Crocker Amazon football field; and $39,884 for the salary of a half-time gardener for one year, to be made on a monthly basis. Supervisor Avalos, seconded by Supervisor Maxwell, moved that this Resolution be AMENDED on Page 1, Line 12, by replacing 'Sacred Heart Preparatory' with 'Sacred Heart Cathedral Preparatory'; on Page 1, Line 14, by adding 'and other outdoor sports'; on Page 1, Line 15, by replacing 'Sacred Heart Preparatory' with 'Sacred Heart Cathedral Preparatory'; on Page 1, Line 17, by replacing 'Sacred Heart Preparatory' with 'Sacred Heart Cathedral Preparatory'; on Page 1, Line 20, by replacing 'Sacred Heart Preparatory' with 'Sacred Heart Cathedral Preparatory'; and on Page 1, Line 24, by replacing 'Sacred Heart Preparatory' with 'Sacred Heart Cathedral Preparatory'. The motion carried by the following vote:

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

Noes: None

Absent: Elsbernd

ADOPTED AS AMENDED by the following vote:

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

Noes: None

Absent: Elsbernd