Board of Supervisors Minutes: February 1, 2011

110028 [Accept and Expend Grant - San Francisco Renewable Energy Plan - $250,000] Sponsor: Mar Resolution authorizing the Department of the Environment to retroactively accept and expend a grant in the amount of $250,000 from the Sidney E. Frank Foundation to initiate the San Francisco Renewable Energy Plan which will lay out actionable steps to source 100% of San Francisco’s electrical demand from renewable energy sources. Resolution No. 55-11 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101416 [Management Agreement/Lease - Stow Lake Boathouse, LLC - Operation of the Stow Lake Boathouse Concession] Sponsor: Mar Resolution authorizing the Recreation and Park Department General Manager to enter into a lease with Stow Lake Boathouse, LLC, for the operation of the Stow Lake Boathouse Concession in Golden Gate Park. (Supervisor Mirkarimi dissented in committee.) Privilege of the floor was granted to Phil Ginsburg, Recreation and Park Director, and Nicholas Kinsey (Recreation and Park) who responded to questions raised throughout the discussion regarding File No. 101416. Resolution No. 51-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101503 [Airport Concession Lease - Books, Inc.] Resolution retroactively approving Amendment No. 2 to North Terminal Bookstore Lease No. 00-0176 between Books, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. (Airport Commission) Resolution No. 53-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101579 [Airport Commission Bond-Related Authorizations - Not to Exceed $1,600,000,000] Resolution approving the issuance of not to exceed $1,600,000,000 aggregate principal amount of San Francisco International Airport Second Series Refunding Revenue Bonds to refinance Airport Bonds and Subordinate Bonds; Approving the issuance of not to exceed $125,000,000 aggregate principal amount of San Francisco International Airport Special Facilities Bonds to finance and refinance fuel storage and delivery facilities; Approving the maximum interest rates, maturity dates and number of issues of such Refunding Bonds, Subordinate Bonds and Special Facilities Bonds; Approving certain resolutions of the Airport Commission; Approving the forms of certain agreements related to such Bonds and authorizing the execution and delivery thereof; Approving certain amendments to the 1991 Resolution; and Approving certain other related matters. (Airport Commission) (Fiscal Impact.) Resolution No. 50-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

nds - $120,400,000] Sponsors: Mayor; Chiu, Chu and Mar Resolution approving the settlement of potential litigation involving the restructuring of the $120,400,000 California Infrastructure and Economic Development Bank Variable Rate Revenue Bonds, Series 2005 (Asian Art Museum Foundation of San Francisco) (2005 Bonds) through the execution of a Settlement Agreement by and among the City and County of San Francisco, the Asian Art Museum Foundation of San Francisco, JPMorgan Chase Bank, National Association, MBIA Insurance Corporation, National Public Finance Guarantee Corporation, and the Bank of New York Mellon Trust Company N.A., including, among other matters, the form of the Assurance Agreement under which the City will support repayment of the 2005 Bonds, and other additional material terms of such settlement. (Fiscal Impact.) Privilege of the floor was granted to Ben Rosenfield, Controller, Harvey Rose, Budget and Legislative Analyst, Jay Xu, Asian Art Museum of San Francisco Director, and Mark McLoughlin (Asian Art Museum of San Francisco) who responded to questions raised throughout the discussion regarding File No. 110027. Resolution No. 48-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101147 [Public Works Code - Establishment of Regulatory Controls for the Discharge of Fats, Oils, and Grease Into Sewers] Sponsor: Mar Ordinance amending Article 4.1 of the San Francisco Public Works Code by adding Sections 140 - 140.7 to provide prohibitions, limitations, and requirements for the discharge of fats, oils, and grease into the City’s sewerage system by food service establishments. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110004 [Mental Health Services Act Contract - Statewide Prevention and Early Intervention - $3,020,400] Resolution supporting the assignment of the Mental Health Services Act Statewide Prevention and Early Intervention allocation, totaling $3,020,400 to the Joint Powers Authority known as the California Mental Health Services Authority. (Public Health Department) Resolution No. 56-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101105 [Environment Code - Existing Commercial Buildings Energy Performance] Sponsors: Mayor; Chiu, Wiener and Mar Ordinance amending the San Francisco Environment Code by adding Chapter 20, Sections 2000 through 2009, to adopt the San Francisco Existing Commercial Buildings Energy Performance Ordinance, requiring owners of nonresidential buildings to conduct Energy Efficiency Audits of their properties and file Annual Energy Benchmark Summaries for their buildings, and making environmental findings. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101522 [Public Works Code - Handbill Distribution] Sponsor: Chiu Ordinance amending the San Francisco Public Works Code by amending Sections 184.69, 184.70, and 184.72 to ban distribution of handbills on private premises unless the handbills are securely placed upon or attached to and do not damage the premises, specifying a minimum of 30-point font size for "No Handbills" signs, and replacing criminal penalties for unlawful distribution of handbills with administrative penalties, and making environmental findings. Supervisor Chiu, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED ON FIRST READING to February 15, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110002 [Exchange of Quitclaim Deeds - San Francisco Unified School District] Resolution (1) authorizing and directing execution of a quitclaim deed from the City and County of San Francisco to the San Francisco Unified School District, a political subdivision of the State of California, for 110 public school properties; (2) authorizing and directing the acceptance of a quitclaim deed by the City and County of San Francisco from the San Francisco Unified School District for five properties owned in fee by the City and County of San Francisco; and (3) adopting findings pursuant to City Planning Code Section 101.1. (Real Estate Department) Resolution No. 54-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101604 [Affirming the Exemption Determination - 1269 Lombard Street] Motion affirming the determination by the Planning Department and Commission that the project located at 1269 Lombard Street is exempt from environmental review. Motion No. M11-20 Supervisor Farrell, seconded by Supervisor Mirkarimi, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101605 [Reversing the Exemption Determination - 1269 Lombard Street] Motion reversing the determination by the Planning Department and Commission that the 1269 Lombard Street project is exempt from environmental review. Supervisor Farrell, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

101606 [Preparation of Findings to Reverse the Exemption Determination - 1269 Lombard Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department and Commission that the project located at 1269 Lombard Street is exempt from environmental review. Supervisor Farrell, seconded by Supervisor Mirkarimi, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110017 [Street Vacation - Resolution of Intention - Transbay Transit Center] Resolution declaring the intention of the Board of Supervisors to vacate portions of the public right-of-way below and/or above Natoma Street, Minna Street, First Street, Fremont Street, Beale Street, Harrison Street, Folsom Street, Clementina Street, Tehama Street, Howard Street, Second Street, and Oscar Alley within the Transit Center Project area; and setting the hearing date for all persons interested in the proposed vacation of said public right-of-way areas and public service easements. (Real Estate Department) Resolution No. 47-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110099 [Urging the California State Legislature to Pass the California Dream Act] Sponsors: Chiu; Avalos, Campos, Kim, Mar and Mirkarimi Resolution urging the California State Legislature to pass AB 130 and AB 131 (collectively, the California Dream Act), to provide equal access to financial aid programs for California students attending the state’s public colleges and universities, regardless of a student’s immigration status. Resolution No. 57-11 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110100 [Opposing the Sale of KUSF’s FCC License to Broadcast on 90.3 FM] Sponsors: Mirkarimi; Mar Resolution recognizing the long and valuable public service of radio station KUSF, opposing the sale of KUSF’s FCC license to broadcast on 90.3 FM, requesting the USF Board of Regents to rescind the decision to transfer KUSF’s license and reinstate KUSF programming, and urging San Francisco’s Federal representatives to express their opposition to KUSF’s sale to the Federal Communications Commission. Supervisor Mirkarimi, seconded by Supervisor Elsbernd, moved that this Resolution be CONTINUED to February 8, 2011. The motion carried by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None

110102 [Opposing Proposed Changes to the FY2011-2012 California State Budget to Eliminate Redevelopment Agencies] Sponsors: Cohen; Kim, Elsbernd, Campos, Avalos, Wiener, Farrell, Chiu and Chu Resolution opposing current proposed changes to the FY 2011-2012 California State Budget to eliminate Redevelopment Agencies, urging Governor Brown and the State Legislature to retain the existing authority of Redevelopment Agencies as needed to alleviate blight particularly in disadvantage neighborhoods, produce jobs, build public infrastructure, promote urban infill in furtherance of SB 375 and fund affordable housing development, and further urging Governor Brown and the State Legislature to work with local governments to explore other alternatives to solve the state’s fiscal crisis. Resolution No. 52-11 ADOPTED by the following vote:

Ayes: Avalos, Campos, Chiu, Chu, Cohen, Elsbernd, Farrell, Kim, Mar, Mirkarimi, Wiener

Noes: None