Transcripts For SFGTV 20100816

>> can you point out what that might be? >> that is the point. it covers 5000 linear feet of sewer. we will have more sanitary systems in the future, but we are required by the state, since we do have some, and the whole plan is of these on the map. >> 5000 linear feet, a couple in the presidio, lake merced. >> that is correct. the registry is i actually on the border -- is actually on the border. you're exactly right, those are the areas. >> f.a.q, tom. he highlighted it. all right. -- president crowley: colleagues, anything on item 11? ok, any public comment? clerk: we have no speaker comments. president crowley: seeing none, and will entertain a motion. all in favor, say aye. clerk: mr. president, item 12, a discussion and possible action to authorize the general manager of san francisco public utilities commission to execute on behalf of the city and county of san francisco a memorandum of agreement with the united states department of the interior, national park service, in yosemite national park, for an amount not to exceed $30 million in with a duration of five years to provide for watershed protection, collaborative environment and stewardship studies, and security for the yosemite national park watersheds that supply water to the san francisco regional water system. >> there are a couple of things that are different about this agreement. this was reconstructed around the filtration. this time, there are actually more things that we do. it is still absolutely essential. there is also the environmental stewardship component, so it is threefold. when the original agreement was signed, that was about $2.75 million per year, which was about $3.50 billion over the last several years, plus special studies. the security agreement, there was the first one from 2007- 20008. and then we have come to vot-- 5 million has grown to about $5.20 million per year, so the $30 million per year over the next five years, which assumes inflation and growth in those programs over the next five years, so that is when we get to the cumulative $30 million, and there is a relationship with these other areas. president crowley: ok, colleagues? second. before we vote on this, any public comment? >> just one comment, commissioners. at times, we are criticized >> $30,000. a lot of things happen there, including the environment and stewardship, and that is more like $5 million per year, and that is not categorized as rent, it is categorized as mou. >> i have participated in an annual meeting with park staff, and there was a roomful of people, about 30 parks of, and about 30 puc -- about 30 parks staff. >> i was at yosemite a few weeks ago, and i had dinner. the park superintendent for the last 15 years was in charge of a seashore, and before that, he was a deputy, so he knows a lot about the city and is very comfortable in the interaction that seems foreign to some people, but he is comfortable . president crawly: colleagues, that has been moved and seconded. all of those in favor, please signify by saying aye. opposed? clerk: mr. president, item 13, a discussion and possible action to approve the amendment number two to watch the enterprise, water system improvement program funded agreement no. cs-8578, for a total amount of 160 dozen dollars with a time extension of two years, nine months, for a total duration of five years, three months. president crowley: colleagues, anything on 13? ok, any public comment? hearing none and seeing none, i will take a demotion. all in favor, please signify by saying aye. no. 14. clerk: a discussion of possible action to approve the amendment number one to waste water and apprises cip funding agreementcs cs-860, tunnel engineering services for the sunnyvaldale a soleil-sur proje, with jacobs associates. president crowley: but colleagues, anything on 14? ok, any public comment? hearing in seeing none, i will entertain a motion. so moved. and seconded. those in favor of item 14, please signify by saying aye. opposed? clerk: mr. president, item 15, a discussion and possible action to approve the plans and specifications and award wastewater enterprises the amount of $37 million plus to the lowest qualified responsible and responsive bidder for installation of approximately 4,000 feet of 8 feet by 11 feet interior diameter secret tunnel -- sewer tunnel. president crowley: colleagues, and, it? any public comment? harry and seeing none, i will entertain a motion. moved and seconded korea all of those in favor, please signify by saying aye. -- moved and seconded. all of those in favor, please signify by saying aye. item 16. clerk: mr. president, item 16, a discussion and possible action to approve the plans and specifications and a warm water and apprises water system improvement program funded contract number2607 for modifications of existing chlorination facilityd -- echloraminagtiotion facility. president crowley: commissioners, any questions? clerk: we have no speaker cards. president crowley: any public comment? hearing and seeing none, a will entertain a motion. moved and seconded. clerk: mr. president, the next item on the closed session items, and would you like to call for public comment on any item in closed session? president crowley: any public comment on any item in closed session? hearing and seeing none, it has been moved to assert attorney- client privilege. moved and seconded. all of those in favor, please signify by saying aye. clerk: mr. president, if you allow me to read the items. a consultation. we will now move into closed session. >> we are back. commissioner crowley: ok, commissioners, we are back in session. item 19, there was no action. item 20, there was no action. so with that, i will make -- i will entertain a motion regarding whether to disclose discussion during closed session. it has been moved and seconded not to disclose. all those in favor? opposed? ayes have it. any public comment? ok, item 23. i really commissioner moran -- i believe commissioner moran has something to say. and then with edgerton with a moment of silence for ann schneider. -- we adjourn with a moment of silence. that will conclude our moment of silence. colleagues, any other new business before us today? >> yes, i think we should wish mike a happy birthday. commissioner crowley: our secretary, michael house's birthday? 21? happy birthday, michael. >> thank you. commissioner crowley: we do have a notice of canceled meeting. do you want to read that into the record, or do we need to? >> that is true. the regular meeting of tuesday august 24 has been canceled,u the notice has been posted since july 23, so there is an awareness, so our next regular meeting will be the regular meeting of september 14. commissioner crowley: thank you. >> as was mentioned a couple times earlier, we have a lot of environmental review for the planning commission this fall. we may end up under the special sessions. but we do not know the dates yet. you. adjourn. ok, we have moved and seconded. all those in favor to adjourn? >> aye. >> aye. commissioner crowley: thank you. >> the most important thing abuot this decision was the decision itself, and the words that would matter most are in the 138-page document that are processed in thea ppellate court. they did not just set out to win a lower court decision. they set out to withstand scrutiny at the appellate level, successfully and unsuccessfully, understanding what the court is up against. judge walker set forth rules that became the foundation to which this will, i believe and hope, be appealed and adjudicated at the supreme court. i'm not a lawyer. i'm not going to profess to make the legal argument that has bee n made. the most important thing is to get a solid decision out. not a win, but to get a decision where the arguments made are validated, and my understanding was that the points they made that they emphasized were advanced in this decision, and that is a significant thing. so i will leave that to legal scholars, but the next phase of analysis would be the argument, not just the win at walker's court. >> in terms of going ahead with preventive measures, have decisions been made? >> we have always abided the rule of law. when courts said start and stop, we said we started and we st opped. no one was married today. no one was able to get a certificate or license. there were couples that were quite disappointed. some had come with the impression they would be able to get married this afternoon, and obviously that was another blow. those hopes, nonetheless, are not dashed, and we will see what happens in subsequent decisions as processes of the courts. [unintelligible] >> it's an important point. we had adjudication in california and elsewhere on state grounds. this is the first court on federal principle, and it is the principle of our founding fathers here. it has been used to expand people's rights, not deny them. to the extent this is a constitutional challenge, this is very much a narrative we have lived with in this country. it is a narrative that is familiar to those in virginia, and the last major constitutional challenge. when we look at the issue of interracial marriage. this is a fast-tracked narrative, so i am hopeful. i would not have imagined it. we have had good days and bad days, we have seen success advanced around the world, and i don't think anyone could have imagined a more optimistic setting. we have had setbacks in other states that have given us pause and caution. this is who i am, my last breath. this has never been about politics. you look back in your life and you are staying in principle. you are given a moment in time to do the right thing. i said this to my father about the issue. good people i love disagree. but whether you agree with me or not, you know it. i have a big propblem voting for people i don't trust, because they are telling me what they think i want to hear, not what i believe. this is what i believe, and my cards are on the table. i saw that as a student of history. in 1967, 70% of americans opposed interracial marriage. there is a fundamental principle here that has been used over and over and over again, for women's rights, racial and ethnic rights. it makes sense. you have a minority of people being oppressed, you need the courts to do that. that's why there are distinguished and separate branches of government. it's not surprising this has taken the course that it's on. >> the meaningful decision, it was crystal clear that they did not want to just win the decision. they want to win it in the right way. what i believe is they won it in the right way, which is why this is a more significant victory. but the arguments are compelling that it is positive and successful. justice kennedy, for better or for worse, seems to be the one based on his colorado decision that would be put in the spotlight. he was wright in lawrence v. texas. it will be interesting to see him argue this, because in so many ways he was prescient. look. personally, this is an extraordinary moment, because real people's lives have once again been affirmed. at the same time, you temper your appreciation because you recognize the work that's been ahead. this is another step in a very long process, but perhaps the most historic and compelling, because this is a federal decision based on the u.s. constitution, and i should remind people, bush wanted to change the constitution for a reason, because he thought there was something wrong. we think there is something right, that there is nothing in this constitution denying equal protection in due process. >> [inaudible] >> if i lose fighting for something i believe in, i am proud. i would reather lose an election than capitulate my true beliefs. there are politicians better tat that than me, and many are better politicians. but i believe in this. i am not an idealogue about this. i have family members that disagree with me vehemently about this. i remember when i was a kid, i thought, don't hold hands in public. it's not what i believe in. it's not what my contemporaries believe in. and i will say this, time is on our side. i have friends and young folks whoa re not caught up in this. they don't get it. there is an expectation that time will play itself out and we'll see how that occurs, but thisá>f is going to help with tt process.