Board of Supervisors Minutes: October 16, 2007

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, October 16, 2007 2:00 PM Legislative Chamber - Second Floor Regular Meeting Board of Supervisors AARON PESKIN, PRESIDENT MICHELA ALIOTO-PIER, TOM AMMIANO, CARMEN CHU, CHRIS DALY, BEVAN DUFTY, SEAN ELSBERND, SOPHIE MAXWELL, JAKE McGOLDRICK, ROSS MIRKARIMI, GERARDO SANDOVAL Members Present: Michela Alioto-Pier, Tom Ammiano, Chris Daly, Bevan Dufty, Sean Elsbernd, Carmen Chu, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval. Members Excused: None. Members Absent: None. FONTSIZE= +1 ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:07 p.m. On the call of the roll Supervisors Ammiano and Chu were noted absent. There was a quorum. Supervisor Chu was noted present at 2:08 p.m. Supervisor Ammiano was noted present at 2:09 p.m. FONTSIZE= +1 APPROVAL OF MEETING MINUTES Supervisor Maxwell, seconded by Supervisor Dufty, moved to approve Board Meeting Minutes for September 18, 2006. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 CONSENT AGENDA FONTSIZE= +1 Recommendations of the Budget and Finance Committee FONTSIZE= +1 071178 [Settlement of complaint by PG&E before the Federal Energy Regulatory Commission and approval of an Amended Interconnection Agreement with PG&E] Supervisor Peskin Ordinance authorizing settlement of proceedings before the Federal Energy Regulatory Commission in FERC Dockets No. ER05-1190-000, et al, initiated by Pacific Gas & Electric Company to terminate the 1987 Interconnection Agreement between the City and PG&E; and approving an Amended Interconnection Agreement between the City and PG&E which provides for continued delivery of electricity to City facilities, among other things. Enacted Number: 235-07 FINALLY PASSED FONTSIZE= +1 071233 [Penalty for Removing Chalk Marks] Supervisor McGoldrick Ordinance amending San Francisco Traffic Code Sections 21 and 132 to impose a penalty for removing chalk marks of one hundred ($100) dollars for any violation and to make minor changes to clarify the parking restriction. (Municipal Transportation Agency) Enacted Number: 236-07 FINALLY PASSED FONTSIZE= +1 Recommendations of the Rules Committee FONTSIZE= +1 071350 [Settlement of Lawsuit - Elfie Jansel] Ordinance authorizing settlement of the lawsuit filed by Elfie Jansel against the City and County of San Francisco for $98,000; the lawsuit was filed on May 26, 2006 in San Francisco Superior Court, Case No. CGC06-452649; entitled Elfie Jansel v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING FONTSIZE= +1 071351 [Settlement of Lawsuit - Marie Doe] Ordinance authorizing settlement of the lawsuit filed by Marie Doe against the City and County of San Francisco for $35,000; the lawsuit was filed on November 18, 2004 in United States District Court, Case No. C04-4914 MJJ; entitled Marie Doe, et al. v. City and County of San Francisco, et al. (City Attorney) PASSED, ON FIRST READING FONTSIZE= +1 071318 [Appointment - Peak Oil Preparedness Task Force] Resolution appointing Jeanne-Marie Rosenmeier, Carl Duisberg, Bernard Meyerson and Jan Lundberg to the Peak Oil Preparedness Task Force, terms ending October 5, 2008, residency requirement waived. Jeanne-Marie Rosenmeier, new appointment, seat 1, must represent the public at large, for a one-year term ending October 5, 2008. Carl Duisberg (residency requirement waived), new appointment, seat 2, must represent the public at large, for a one-year term ending October 5, 2008. Bernard Meyerson, new appointment, seat 3, must represent the public at large, for a one-year term ending October 5, 2008. Jan Lundberg, new appointment, seat 4, must represent the public at large, for a one-year term ending October 5, 2008. Enacted Number: 565-07 ADOPTED FONTSIZE= +1 The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 REGULAR AGENDA FONTSIZE= +1 UNFINISHED BUSINESS FONTSIZE= +1 From the Clerk FONTSIZE= +1 071397 [Adopting findings related to affirming the categorical exemption issued for 317 Cortland Street] Motion adopting findings related to affirming the determination by the Planning Department that the 317 Cortland Street project is categorically exempt from environmental review under the California Environmental Quality Act. Enacted Number: M07-128 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071410 [Adopting findings related to disapproving the categorical exemption issued for 445 Wawona Street] Supervisor Elsbernd Motion adopting findings related to disapproving the determination by the Planning Department that the 445 Wawona Street project is categorically exempt from environmental review under the California Environmental Quality Act. Supervisor Elsbernd requested to be added as a sponsor. Enacted Number: M07-127 APPROVED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 From the Budget and Finance Committee Without Recommendation FONTSIZE= +1 071231 [Lease of Real Property at 1390 Market Street] Mayor Resolution authorizing the lease of 6,029 square feet of space in the building located at 1390 Market Street for the Office of Labor Standards Enforcement. (Fiscal Impact.) Supervisor Dufty, seconded by Supervisor Mirkarimi, moved that this Resolution be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 070961 [Recreation and Park Commission--Authorization to Modify Golf Course Hours and Fees; Creation of Golf Course Task Force] Supervisor McGoldrick Ordinance adding Section 12.46 to Article 12 of the San Francisco Park Code to authorize the Recreation and Park Commission to modify golf course hours and fees; and to create a Golf Course Task Force that will evaluate measures to reduce General Fund support for operation and maintenance of golf courses, and explore alternative revenue sources. (No Economic Impact) Supervisor McGoldrick, seconded by Supervisor Ammiano, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Daly, Elsbernd, Chu FONTSIZE= +1 Continued as amended to October 23, 2007 Supervisor Mirkarimi, seconded by Supervisor Ammiano, moved that this Ordinance be CONTINUED AS AMENDED. The motion carried by the following vote: Ayes: 8 - Alioto-Pier, Ammiano, Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Dufty, Elsbernd, Chu FONTSIZE= +1 071128 [De-appropriating $45,717 of General Fund and Appropriating $45,717 for a Golf Course Task Force in the Department of Recreation and Park for Fiscal Year 2007-2008] Supervisor McGoldrick Ordinance de-appropriating $45,717 for Golden Gate Park Stables in the Department of Recreation and Park, and appropriating $45,717 for a half-time 1823 Senior Administrative Analyst position to staff a Golf Course Task Force in the Department of Recreation and Park for Fiscal Year 2007-2008. (Supervisor Dufty dissented in committee.) Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Ordinance be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071129 [Public Employment - Recreation and Park Department] Supervisor McGoldrick Ordinance amending Ordinance No. 175-07 (Annual Salary Ordinance FY 2007-2008) to reflect the addition of one position (.37 FTE) Class 1823 - Senior Administrative Analyst in the Recreation and Park Department. (Supervisor Dufty dissented in committee.) Supervisor McGoldrick, seconded by Supervisor Dufty, moved that this Ordinance be TABLED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 From the City Operations and Neighborhood Services Committee Without Recommendation FONTSIZE= +1 071258 [Urging the Golden Gate Bridge, Highway and Transportation District to Oppose the Golden Gate Bridge Partnership Program] Supervisors McGoldrick, Maxwell, Mirkarimi Resolution urging the Golden Gate Bridge, Highway and Transportation District Board of Directors to Oppose the Golden Gate Bridge Partnership Program which would allow for the continued degradation of our public spaces by sanctioning, among other things, the placement of corporate logos on way-finding signage, posters, kiosks, and displays on Golden Gate Bridge property. Continued to October 23, 2007 Supervisor McGoldrick, seconded by Supervisor Alioto-Pier, moved that this Resolution be CONTINUED. The motion carried by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 FONTSIZE= +1 NEW BUSINESS FONTSIZE= +1 Recommendations of the Budget and Finance Committee FONTSIZE= +1 071228 [Clean and Safe Neighborhood Parks General Obligation Bond Election] Mayor, Supervisors Peskin, Elsbernd, Dufty Ordinance calling and providing for a special election to be held in the City and County of San Francisco on Tuesday, February 5th 2008, for the purpose of submitting to the voters of the City and County of San Francisco a proposition to incur the following bonded debt of the City and County: One Hundred and Eighty-Five Million Dollars ($185,000,000) for the construction, reconstruction, purchase, and/or improvement of park, and recreation facilities within the City and County of San Francisco and all other structures, and improvements, and related costs necessary or convenient for the foregoing purposes and paying all other costs necessary and convenient for effectuating those purposes; authorizing landlords to pass-through fifty percent (50%) of the resulting property tax increase to residential tenants in accordance with Chapter 37 of the San Francisco Administrative Code; finding that the estimated cost of such proposed project is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefore by the annual tax levy; reciting the estimated cost of such proposed project; fixing the date of election and the manner of holding such election and the procedure for voting for or against the proposition; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest thereof; prescribing notice to be given of such election; finding that a portion of the proposed project is categorically exempt from the California Environmental Quality Act, and the remainder of the proposed project is excluded from the California Environmental Quality Act; finding that the proposed project is in conformity with the priority policies of Planning Code Section 101.1(b) and with the General Plan consistency requirement of Administrative Code Section 2A.53; consolidating the special election with the general election; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by San Francisco Municipal Elections Code Section 510; complying with Section 53410 of the California Government Code; incorporating the provisions of the San Francisco Administrative Code, Sections 5.30 - 5.36; and waiving the time requirements specified in Section 2.34 of the San Francisco Administrative Code. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071281 [Procurement of Construction Management and General Contractor services for the new Public Utilities Commission administrative building at 525 Golden Gate] Supervisor McGoldrick Ordinance approving an Integrated Project Delivery Plan for the early procurement of a Construction Manager/General Contractor for the new Public Utilities Commission administrative building at 525 Golden Gate Avenue and modifying the competitive bid requirements of Administrative Code Chapter 6 to require an alternative competitive process based on experience, qualifications, and price. (Public Utilities Commission) Supervisor McGoldrick requested to be added as a sponsor. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071300 [Approving Agreement with Northern California Joint Pole Association] Supervisor Peskin Ordinance approving an agreement between the City and County of San Francisco and the Northern California Joint Pole Association for a term potentially in excess of ten years and indemnifying the Northern California Joint Pole Association and its members from certain third-party claims for personal injury or property damage, and waiving certain requirements of the San Francisco Administrative Code with respect to the agreement. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071375 [Public Employment - Department of Children Youth and their Families] Supervisor Peskin Ordinance amending Ordinance No. 175-07 (Annual Salary Ordinance FY 2007-2008) to reflect the addition of an 1823 Senior Administrative Analyst and the deletion of an 1822 Administrative Analyst in the Department of Children Youth and their Families. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071280 [Sale of Surplus Real Property Located in the City of South San Francisco] Resolution approving an Agreement For Sale of Real Estate between the City and County of San Francisco and The Redevelopment Agency of the City of South San Francisco pertaining to approximately 13.64 acres of land located in the vicinity of Chestnut Avenue and El Camino Real in the City of South San Francisco; adopting findings that the transaction is categorically 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 and/or the General Manager of the San Francisco Public Utilities Commission to execute documents, make certain modifications and take certain actions in furtherance of this Resolution. (Real Estate Department) Enacted Number: 559-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071295 [Solar Power Projects Long Term Interconnection Agreements] Supervisor Mirkarimi Resolution authorizing the San Francisco Public Utilities Commission General Manager to enter into long term interconnection agreements for photovoltaic power plants projects on City buildings, pursuant to San Francisco Charter Section 9.118. Enacted Number: 554-07 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Daly, Dufty, Elsbernd, Chu, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval FONTSIZE= +1 071311 [Java House Caf