>> welcomed to the meeting of tuesday, september 28, 2010. supervisor alioto-pier: here.

supervisor avalos: here. supervisor campos: present. president chiu: present. supervisor chu: present. supervisor elsbernd: present. supervisor mar: present. supervisor maxwell: present. president chiu: can we have a motion to excuse m toirkar -- supervisor mirkarimi? supervisor dufty has just joined us. please join in the pledge of allegiance.

are there any communications? >> we have received a letter communicating the mere's vet -- mayor's veto on an alcohol mitigation fee. president chiu: can you call the consent agenda? >> these items will be acted upon by a single roll call vote. the matter shall be removed and considered separate if requested. president chiu: roll-call vote on the consent agenda? supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: aye. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: aye. supervisor avalos: aye.

supervisor campos: aye. president chiu: aye. >> there are 10 ayes. president chiu: the resolution is adopted. can we call item 33 and item five together? >> directing the clerk of the board to agenda is consideration to overwrite alcohol cost recovery fee? president chiu: supervisor alioto-pier has been excused from the consideration of these. supervisor campos: we have before us a veto override the. i would like to continue this item to next week's meeting. just to make sure that we have the proper timing for this veto override. i have questions about the ability to veto the legislation

itself, and would like to, when we vote next week, could we get opinions -- hell is it that one member is recused, but the mayor is not recused when it comes to approving or disapproving of this legislation? i think that would be appropriate to discuss. if we could get an opinion on the ethics commission on that, we might want to look at some other opinions on the outside. president chiu: are you making a motion to table item 33 so that item five will appear next week? supervisor campos: i would like to continue item number 33 and item number five. president chiu: according to

the court, we can table item 33 and continue item 5 to next week. ist hat -- is that the case? yes? a motion by supervisor avalos, that shall be the case. supervisor campos: in motion to continue item 5number -- number five. president chiu: it will appear next week. item six please. >> amending the health code, banning the sales of tobacco products in pharmacies. president chiu: roll-call vote, please. supervisor chu: no.

supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: no. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: no. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are 7 ayes and 3 nos. - no's. the next item is approving the center for aging. on item seven. supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: aye. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: aye. supervisor avalos: aye.

supervisor campos: aye. president chiu: aye. >> there are 10 ayes. item eight is a resolution authorizing the office to enter into the first amendment between the city, they shall increase the contract amount to $41 million. president chiu: this resolution is adopted. >> the next item is to establish a property base to be known as the ocean avenue community district. setting the time and place for a public hearing which will occur on november 16 for a time at 3:00 p.m.. specifically here in this chamber. supervisor avalos: i urge your

support for this resolution. the ocean avenue corridor has experienced incredible changes over the past decade. we have seen a underground utility poles, great streetscapes, landscaping, and this is the latest in many of these changes before today. the approval of this intention to form a benefits district on ocean avenue. i would like to thank her for all of her work as part of the leader of the ocean avenue collaborative. i like to think people, many members who have worked for years to help do volunteer work on ocean avenue. and people who have worked to assure that we have gotten this far in the formation of a community benefits district.

the petitions that have gone out to approve this first went out in march of this year. the response was 31 -- excuse me, 31.6% approval rating for these petitions which allow them to have a vote. if we approve this resolution today, the ballots will go out to property owners. and we will have a hearing on november 16 to go over the results and here the last committee input on the benefits district. the management plan includes maintenance work along the corridor and adding value to what is currently being done in terms of graffiti removal. there will be marketing to

attract new businesses. there are a couple of storefronts that have been empty for a number of years now. storefronts were a blockbuster used to be. work on the community benefits district will bring new benefits and help with that overall. that is ongoing in the area. i urge your support, and with that, we can have a vote. president chiu: same house, same call? without objection, the resolution is adopted. >> item ten is an agreement with the federal aviation administration with replacement of the tower and faa offices, retroactively expending funds. president chiu: same house, same

call? this resolution is adopted. >> this is related to the air traffic control replacement project at san francisco international airport. president chiu: this resolution is adopted. >> item 12 on the findings of recommendations contained in the grand jury report. supervisor elsbernd: i will not be supporting this resolution today, and i would like to explain why. the responses that have come from various departments are very technical, berry accurate. the response of the board, this resolution largely makes its own, i believe, it sweeps the problem under the rug.

it does not accept the fact that we have a serious problem looming over the next few years. when we get to it, we will look at issues. there is nothing real here that says, yes, we have a problem, here is what we're going to do. the thing that exemplifies the point i try to make, this has the following. it is not sustainable without significant cutbacks in jobs and services. that is fact. it is incontrovertible. there are no facts that say otherwise. the mayor's office doesn't agree. the board of supervisors doesn't agree. i don't know how you can not agree with a very simple

statement. five years ago, we contributed $0. even in the best case scenario, three years or four years from now, we will be contributing to the pension system as we do to operate general hospitals. i don't care what we think we might pass, i don't care if proposition b passes. all the various taxes in front of this board, if you put all of that together, you are still not going to do it without job cuts and cuts to city services. how we can not agree with that statement is beyond me. there is are a number of points that i think have been ignored. this is a report that is going

to be like so many other grand jury reports. it gets thrown up on a shelf and gets -- never gets heard from again. if you can point to one thing as to why our budget continues to be in short fall, i am not pointing fingers. but the numbers don't lie. the benefits far exceed the revenue coming in. this is maybe a characterization of pension tsunami or political motives. the fact is a fact. i believe they are poised to except, they truly except -- poised to accept, they don't truly accept the facts. >> i wanted to clarify one point in the report. one of the things that we did, the recommendation of the

response was left blank. the budget analyst went back to populate those recommendations. recommendation d-1 on pages nine through ten talk about the recommendations for future changes. we actually agree with some of those recommendations and indicate that in order to implement them, it would require further analysis. it requires further analysis and i wanted to make clear that the action was that we agreed in decided it would require further analysis. president chiu: supervisor chu, do we need an amendment or are you putting that on the record? supervisor chu: i would make an amendment that it reflects the comments during committee, the

supervisors agreed with recommendation d-1 and it would require analysis before implementation. president chiu: supervisor chu has made a motion that is superb -- seconded by supervisor maxwell. if we can now take a rollcall vote on the underlying resolution as amended? supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: no. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: no. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are eight ayes, two no's. item 13 is an ordinance to provide for a waiver of the annual public right of way

occupancy fee for affordable housing projects. supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: aye. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: aye. supervisor avalos: aye. supervisor campos: aye. supervisor chu: -- president chiu: aye. the ordinance is passed on the first reading. >> item 14, the revoke will offer for infrastructure improvements associated with mission bay. president chiu: same house, same call. >> item 15.

president chiu: roll call vote, please. supervisor chu: no. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: no. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: no. supervisor avalos: aye. supervisor campos: aye. supervisor chu: -- president chiu: aye. this resolution is adopted. colleagues, we have a couple of commendations at 3:30, and i ask that we come around 345 to do that so we can roll into the four-o'clock special orders that will be continued. if i could ask for us to move to

the certificate of appropriateness issues around authorizations to the board legislative chamber and call items 28-30? as well as item 34. >> item 34 is a motion to sit as a committee for a hearing on the historic preservation commission approval. a certificate in order to make it accessible to persons with disabilities. president chiu: we should consider whether we should sit as a committee unless there is discussion. other members of the public on whether we should sit today? -- are there members of the public on whether we should sit today? this is in order to make the board of supervisors chamber accessible to persons with disabilities. is there anyone that would speak to that motion?