>> good afternoon, welcome to the san francisco board of supervisors meeting of tuesday, february 8, 2011.

madam clerk, could you call the roll? madam clerk: [roll call] supervisors all present. president chiu: ladies and gentlemen, could you please join me in the pledge of allegiance. [pledge of allegiance] president chiu: colleagues, you should have four meeting minutes for our meetings on january 4, january 7 and january 8 of 2011.

could i have a motion to approve those minutes. motion by supervisor mar, seconded by supervisor campos. without objection, those are approved. madam clerk, do you have communications? madam clerk: i have no communications. president chiu: could you read the consent agenda? [read consent agenda] president chiu: would anyone like to sever these items? could we have a roll call. commissioner wiener: does this include the resolutions? which items does this include? [roll call vote taken]

there are 11 aye's. president chiu: the ordinances are finally passed. next item? madam clerk: item three is an ordinance organizing a grant in the office of economic and workforce development for approximate amount to support the clean energy workforce training program and amending ordinance to reflect addition of grant funded. [motion passed] madam clerk: item 4 is a requirements of chapter 6 of the

san francisco administrative code for a contract with the environmental science associates for california environmental quality act. >> i would like to ask more about the local component. i am supportive of this item and one of the reasons i'm supportive is because of the fact that there is a focus on making sure that local companies have an opportunity to participate. so i'm wondering if through the chair if we could just hear briefly on those efforts. president chiu: mr. benson? >> through the chair, brad benson, special projects manager for the port of san francisco. supervisor campos, to your question, the port, working through the department of public works had bid a contract, a professional services contract for ceqa review for the pier 27 cruise terminal project last

fall and e.s.a., environmental science associates, was selected as most qualified respondent for that waterfront oriented work and the idea here is to add the america's cup scope of analysis to that underlying cruise terminal e.i.r. during that bid process, h.r.c., the human rights commission had established an l.b.e. participation goal for the professional services contract of 15%. e.s.a. came in just slightly above 30% and the port's intention to exceed h.r.c. goals and contractor has indicated their willingness to meet their prior bid for l.b.e., so that would be 30% or more of the contract amount. supervisor campos: thank you, and thank you and the rest of the port staff for your efforts and it's great to see that.

i hope to see more of that as contracts come before us. president chiu: supervisor mirkarimi? supervisor mirkarimi: thank you, mr. president. as many of us are co-sponsoring on this particular waiver, not to lose sight as to what we hope is the outcome of this whole contract. one is, is that, when we initiated our process in the city to try to secure the hosting rights of the america's cup, the city seriously dodged a bullet because the early contemplation was, was to seek an exemption to ceqa through the state legislature so that we would then be able to expedite the process because there was a great amount of pressure being applied to the city by b.m.w., or and the racing team to go that route. i think cooler heads and common sense prevailed especially from the environmental community that we did not do that. l.a. and their major stadium projects have gotten into

trouble trying to seek state exemptions. what needs to be reiterated is because we are sole sourcing this particular contract, that there has to be i think a larger course to make sure that we are expecting full ceqa compliance within the six to 12 months when this process is under way and that not just full ceqa compliance but the fact is, is that this event do everything it possibly can to be more than symbollically green. this kind of race, america's cup, is the third largest grossing income race after world cup soccer and the olympics and to think of the sheer scale of an event like this would be a high bar in order to think that we would be able to put on the kind of carbon neutral or carbon negative event that would also like to parade or pitch the idea

of zero waste so this is a tall order to put on the shoulders of one company to try to help us navigate around what our ceqa standards would be and then holding to the standard that will be completely ceqa compliant. i think this is worth pursuing on this end but it doubles the responsibility on the back. president chiu: thank you, colleagues. any additional discussion? could we take a roll call vote on this item? madam clerk: on item four [roll call vote taken] there are 11 aye's. president chiu: this ordinance is passed on the first reading.

madam clerk: item five is an ordinance authorizing the office of economic and workforce development to accept a grant of approximately $238,000 from the department of labor employment and training administration to fund the green jobs workforce development training project. president chiu: can we do the same call? this ordinance is passed on the same reading. item 6? angela merkel resolution approving and authorizing the agreement for the sale and conveyance of property rights and fee interest for two nonexclusive easements and two temporary easements under the jurisdiction of the san francisco public utilities commission to the california department of transportation purchase price of $6,000. president chiu: colleagues, same call? this resolution is adopted angela merkel resolution authorize --

madam clerk: . accepting and expend grant, resolution authorizing the office of economic and workforce development to retroactively accept and expand community services block grant. president chiu: item accepted. madam clerk: item 8 is ordinance amending the san francisco planning code by amending. president chiu: i understand supervisor wiener may need to be excused from this. commissioner wiener: i own a condominium where i reside that is within 500 feet of the western britney -- boundary of the proposed extension, specifically the northwest corner of market and i ask to be excused. president chiu: do we have a motion? without objection, supervisor wiener is excused for this vote.

supervisor mar? commissioner mar: thank you, president chiu. one issue that was brought to our attention after we had unanimously supported the ordinance is a cleanup amendment. i'm introducing an amendment to this item to clarify the rules on how projects already in the entitlement process will be affected by the new extension of the upper market zoning controls. the language has been agreed to by steak holders in the community, the planning department, the city attorney, but it was omitted unfortunately in the legislation that came to the land use committee two weeks ago so i urge support for the amendment and you have a copy of the amendment before each of you, as well. president chiu: thank you. supervisor mar has made a motion to amend as suggested. is there a second? seconded by supervisor mirkarimi. colleagues, without objection, the motion amend passed and on the underlying ordinance as amended. same house, same call? actually, the house has changed so if we could take a roll call

vote on that? madam clerk: supervisor mirkarimi, supervisor avalos, supervisor campos, supervisor chu, supervisor cohen, supervisor elsbernd, supervisor farrell, supervisor kim, supervisor mar. there are 10 aye's. president chiu: this srd passed in the first reading as amended. skipping over to item and move to our committee reports. madam clerk: items 18 through 22 were considered by a rules committee at a regular meeting on thursday, february 15, 2011, and were forwarded as comet committee reports. recommendation settling the

lawsuit filed on november 24, 2008 in san mateo superior court. [roll call vote taken] there are 11 aye's. president chiu: this anderson passed on the first reading. item 19. madam clerk: item 19 authorizes settlement of the lawsuit of o'neil against the city filed october 6, 2009, in san francisco superior call. president chiu: same house, same call. this ordinance passed on the first reading.

madam clerk: ordinance authorizing settlement of a lawsuit filed by the city against kenneth paul mackin and janice mackin, pacific gas and electric, fremont bank to condemn and take over by right of eminent domain, property this seminole, california. president chiu: same house, same call. this ordinance passed on first reading. madam clerk: authorizing settlement of the lawsuit filed guy jason davis against the city and county of san francisco. president chiu: same house, same call, this ordinance passed on first reading. madam clerk: ordinance authorizing settlement of the lawsuit filed by toni battle against the city. lawsuit was filed october 16, 2009, in san francisco superior court. president chiu: same house, same call. this ordinance passed on the first reading.

madam clerk: item 23 was considered by the land use and committee. item 23 is a resolution authorizing the board of san francisco to accept and expend a grant in the amount of approximately $15,000 for removal and demolition of abandoned recreational watercraft on the port's waterfront. president chiu: same house, same call. this resolution is adopted. why don't we move to roll call for introductions. madam clerk: supervisor mirkarimi is first on roll call for introductions. supervisor mirkarimi: we refer, please. madam clerk: supervisor elsbernd? supervisor elsbernd: can we adjourn in the memory of jesse samudda who passed away early last week. president chiu: without objection, that shall be the case. madam clerk: supervisor

cassments? supervisor campos: thank you very much. i have a number of items, the first is in mamoriam for frank malia who was born in malta where he married lucy borg and began their family with the birth of their daughter, carmen. he brought the family to san francisco. he was a happy, positive, cheerful person. those who got to know frank knew he was -- they always had a friend in him, someone they can count on. his word was truly his bond. frank had five children who grew up in and around san francisco and his sons, ron and al, had been operating successful businesses here in the city and county of san francisco. frank worked on the docks of san francisco for more than 30 years as a longshoreman where he worked s t