Board of Supervisors Minutes: March 4, 2008

City and County of San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 MEETING MINUTES Tuesday, March 4, 2008 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, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Sophie Maxwell, Jake McGoldrick, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval. Members Excused: None. Members Absent: None. ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:03 p.m. On the call of the roll all Supervisors were noted present. There was a quorum present. CONSENT AGENDA Recommendations of the Budget and Finance Committee 071671 [De-appropriating $50,000 Golden Gate Park Stables General Fund project and Re-appropriating $50,000 for Golf Course Recreational Study at Recreation and Park for Fiscal Year 2007-2008] Supervisor McGoldrick Ordinance de-appropriating $50,000 of General Fund from the Golden Gate Park Stables Project and re-appropriating $50,000 of General Fund for a Recreational Opportunity Study at San Francisco Golf Courses in the Department of Recreation and Park for Fiscal Year 2007-2008. Enacted Number: 28-08 FINALLY PASSED 080098 [Appropriating $55,000,000 of Commercial Paper revenue for Terminal Improvements T2 Boarding Area D renovations at the San Francisco Airport for Fiscal Year 2007-2008] Mayor Ordinance appropriating $55,000,000 of commercial paper revenues for Renovations to the terminal two boarding area D at the San Francisco Airport for Fiscal Year 2007-2008. (Mayor) (Fiscal Impact.) Enacted Number: 29-08 FINALLY PASSED Recommendation of the Land Use and Economic Development Committee 080189 [Landmark Designation of 451 Jersey Street (Carnegie Noe Valley/Sally Brunn Branch Library)] Supervisor Dufty Ordinance designating 451 Jersey Street, the Carnegie Noe Valley/Sally Brunn Branch Library, (Assessor's Block Number 6539, Lot Number 034), as a Landmark under Planning Code Article 10; and adopting General Plan, Planning Code Section 101.1(b) and environmental findings. Enacted Number: 30-08 FINALLY PASSED Recommendations of the Rules Committee 071299 [Updating a statutory reference in provision regarding settlement of minors' claims] Supervisor Peskin Ordinance amending the San Francisco Administrative Code by amending Section 10.22-1, to update a statutory reference in a Code provision regarding the settlement of claims made against the City by minors. Enacted Number: 27-08 FINALLY PASSED 080136 [Approving Settlement with the California Independent System Operator and adopting the First Amended and Restated Operating Agreement] Ordinance authorizing settlement of proceedings initiated by the California Independent System Operator before the Federal Energy Regulatory Commission in Docket No. ER06-227-000 to establish operational, scheduling and settlement requirements for certain City electrical transmission transactions and adopting the First Amended and Restated Operating Agreement. (City Attorney) Enacted Number: 31-08 FINALLY PASSED The foregoing items were acted upon by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval REGULAR AGENDA UNFINISHED BUSINESS From the Board 071536 [Access to and retention of community safety camera recordings] Supervisors Sandoval, Mirkarimi Ordinance amending the San Francisco Administrative Code by amending Section 19.3 to allow the Public Defender and other criminal defense attorneys, investigators and the District Attorney to obtain community safety camera recordings for particular purposes; and amending Section 19.6 to specify the procedures for the Public Defender and other criminal defense attorneys and investigators to request community safety camera recordings and to require that the Department of Telecommunications and Information Services retain the recordings for at least 30 days but not more than 30 days. Enacted Number: 32-08 FINALLY PASSED by the following vote: Ayes: 8 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 3 - Alioto-Pier, Chu, Elsbernd From the Board Appointment of President Pro Tempore At the request of the President, Supervisor Sandoval assumed the Chair so the President could participate in the debate from the floor concerning the following item. (Only one of the following two motions should be approved.) 080257 [Approving Planning Commission's approval for Certificate of Appropriateness regarding the alterations of the Board of Supervisors' Legislative Chamber] Motion approving the Planning Commission's approval of Motion No. 17529 (Case No. 2007.1332A), Certificate of Appropriateness, in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot 001 in Assessor's Block 0787 - 1 Dr. Carlton B. Goodlett Place. Supervisor McGoldrick, seconded by Supervisor Maxwell, moved to continue this matter to March 18, 2009. Motion to continue this matter to March 18, 2008 failed by the following vote: Ayes: 5 - Daly, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 6 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Sandoval Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved to approve File No. 080257 (Item 7) and table File No. 080258 (Item 8). Motion failed by the following vote: Ayes: 5 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd Noes: 6 - Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Supervisor McGoldrick, seconded by Supervisor Daly, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 6 - Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 5 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd 080258 [Disapproving Planning Commission's approval for Certificate of Appropriateness regarding the alterations of the Board of Supervisors' Legislative Chamber] Motion disapproving the Planning Commission's approval of Motion No. 17529 (Case No. 2007.1332A), Certificate of Appropriateness, in order to make the President's desk and the Clerk of the Board's desk in the Board of Supervisors' Chamber accessible to persons with disabilities; Lot 001 in Assessor's Block 0787 - 1 Dr. Carlton B. Goodlett Place. Supervisor McGoldrick, seconded by Supervisor Maxwell, moved to continue this matter to March 18, 2009. Motion to continue this matter to March 18, 2008 failed by the following vote: Ayes: 5 - Daly, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 6 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd, Sandoval Supervisor Alioto-Pier, seconded by Supervisor Dufty, moved to approve File No. 080257 (Item 7) and table File No. 080258 (Item 8). Motion failed by the following vote: Ayes: 5 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd Noes: 6 - Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Enacted Number: M08-43 Supervisor McGoldrick, seconded by Supervisor Daly, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 6 - Daly, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval Noes: 5 - Alioto-Pier, Ammiano, Chu, Dufty, Elsbernd From the Rules Committee Without Recommendation 071679 [Solar Energy Incentive Program] Ordinance amending the Environment Code by adding Chapter 18 creating a Solar Energy Incentive Program; establishing limits on the incentive payments; providing eligibility criteria for the incentive payments; establishing limits on the amount of assistance available; allocating program funding among types of buildings; and imposing duties and responsibilities on the program administrator. (Assessor-Recorder) Supervisor McGoldrick, seconded by Supervisor Maxwell, moved that this Ordinance be RE-REFERRED to the Rules Committee. The motion carried by the following vote: Ayes: 7 - Ammiano, Daly, Dufty, Maxwell, McGoldrick, Mirkarimi, Peskin Noes: 4 - Alioto-Pier, Chu, Elsbernd, Sandoval NEW BUSINESS Recommendations of the Budget and Finance Committee 080191 [Mortgage Revenue Bonds] Supervisor Mirkarimi Resolution declaring the intent of the City and County of San Francisco (the "City") to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor's Office of Housing (the "Director") to submit an application and related documents to the California Debt Limit Allocations Committee ("CDLAC") to permit the issuance of qualified mortgage revenue bonds in an aggregate principal amount not to exceed $12,000,000 for 850 Broderick Street (Zygmunt Arendt House); authorizing and directing the Director to direct the Controller's Office to hold in trust an amount not to exceed $60,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the qualified mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of mortgage revenue bonds by the City in an aggregate principal amount not to exceed $12,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). Enacted Number: 99-08 ADOPTED by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080099 [Appropriating $34,896,162 of bond sale proceeds, interest and property rental revenues for improvements and construction of San Francisco Public Library Facilities Fiscal Year 2007-2008] Mayor Ordinance appropriating $31,065,000 of bond sale proceeds from the 2000 Branch Library Improvement Program Bond - 4th Series, $3,679,362 in bond interest earned and $151,800 in rent monies to fund the improvement and construction of the San Francisco Public Library Facilities for Fiscal year 2007-08. Place Controller's Reserve on $31,065,000 of the bond sale proceeds pending sale of the bond. PASSED ON FIRST READING by the following vote: Ayes: 11 - Alioto-Pier, Ammiano, Chu, Daly, Dufty, Elsbernd, Maxwell, McGoldrick, Mirkarimi, Peskin, Sandoval 080159 [Issuance and Sale of Tax-Exempt Bonds - Lyc