# Board of Supervisors Minutes: May 25, 2010 - Meeting date: 2010-05-25 - Document type: minutes - Source format: PDF - Extracted pages: 20 - [Canonical HTML transcript](https://sfbos.info/documents/2002/2010-05-25-minutes) - [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m052510.pdf) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 100515: Settlement of Lawsuit - Blackhawk Parent, LLC - $250,000 - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 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 ### File 100638: Adopting Findings Reversing the Exemption Determination for the 424 Francisco Street Project - Pages: 5-6 - Vote 1: other - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: approval, likely final - Action: APPROVED AS AMENDED by the following vote: - Ayes: Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi - Noes: Alioto-Pier, Chu, Dufty, Elsbernd ### File 100030: Amendment to Contract - AnsaldoBreda, Inc., for Light Rail Vehicle Systems Overhaul - Not to Exceed $68,749,421 - Pages: 6 - Sponsors: Chiu and Dufty - Vote 1: adoption, likely final - Action: 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 ### File 100502: 2010 Equipment Lease Supplement No. 16 - Not to Exceed $11,500,000 - Pages: 6 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 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 ### File 100534: Water Revenue Bonds Issuance - 2010 - Pages: 6 - Sponsors: Mayor - Vote 1: adoption, likely final - Action: 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 ### File 100488: Recreation and Park Department - Coit Tower Non-Resident Fees - Pages: 6-7 - Sponsors: Mayor - Vote 1: first-reading - Action: 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 ## Extracted text ### [Page 5](https://sfbos.info/documents/2002/2010-05-25-minutes#page-5) Board of Supervisors Meeting Minutes - Final 5/25/2010 REGULAR AGENDA UNFINISHED BUSINESS From the Board 100638 [Adopting Findings Reversing the Exemption Determination for the 424 Francisco Street Project] Motion adopting findings reversing the determination by the Planning Department that the 424 Francisco Street project is exempt from further environmental review. (Clerk of the Board) Privilege of the floor was granted to Marlena Byrne (City Attorney's Office) who responded to questions raised throughout the discussion regarding File No. 100638. Supervisor Chiu, seconded by Supervisor Daly, moved that this Motion be AMENDED, on Page 2, Lines 10-11, by replacing 'shared concerns' with 'finds'; on Page 2, Line 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: 9 - Avalos, Campos, Chiu, Chu, Daly, Dufty, Mar, Maxwell, Mirkarimi Noes: 2 - Alioto-Pier, Elsbernd Supervisor Dufty, seconded 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: 4 - Alioto-Pier, Chu, Dufty, Elsbernd Noes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi APPROVED AS AMENDED by the following vote: Ayes: 7 - Avalos, Campos, Chiu, Daly, Mar, Maxwell, Mirkarimi Noes: 4 - Alioto-Pier, Chu, Dufty, Elsbernd City and County of San Francisco Page 466 Printed at 3:20 pm on 6/29/10 ### [Page 6](https://sfbos.info/documents/2002/2010-05-25-minutes#page-6) Board of Supervisors Meeting Minutes - Final 5/25/2010 NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 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: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi 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: 11 - Alioto-Pier, Avalos, Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi City and County of San Francisco Page 467 Printed at 3:20 pm on 6/29/10