true dialogue. nine members of this board just voted against a whereas clause that says the ggnra has one of the highest numbers of engages species in the park system here nine members of the voyages voted against that. what does that tell the national park service? when nine of us disagree with that whereas clause? i have real concerns that this resolution as amended in showing this board of supervisors wants to work collaboratively with a basic whereas clause is rejected. i urge a no vote on the resolution. supervisor wiener: i have to disagree with supervisor elsbernd's remarks. what was voted against was not a single sentence talking about that. it was a series of things,

including eliminating our opposition to the current proposal and in terms of a number of other things as well. it is sort of like when you run a hit piece on a politician saying you voted for x when there were really 20,000 items in a big budget bill. i do not disagree -- excuse me, i do disagree with that characterization. supervisor avalos: i would agree with scott wiener. my vote was not against reality. >> in response when supervisor chiu starts opening the door and divides was appropriate and what is not. is he simply voted no amendment, -- what did you park at exactly what you agree a way you did not.

supervisor chiu: any further discussion? colleagues, if we could take a roll call vote on the underlying resolution as amended. >> chu aye. cohen aye. elsbernd no. farrell aye. kim aye. mar aye. mirkarimi aye. wiener aye. avalos aye. campos aye. chiu aye. there are 10 ayes, one no. item four, resolution authorizing the exercise of an option to extend the lease of 1449 webster st. for three years for the office of economic and workforce development of foreign assistance programs. supervisor mirkarimi: a little change of tone.

-- development employment assistance programs. supervisor mirkarimi: a little change of tone. i want to go very quickly in the fact that we are delighted that our one-stop jobs training center which i had mentioned in the committee is now being administered by goodwill and an organization called manpower. this is important to understand that this is a post- redevelopment world in the western addition, the fillmore, and japan town, and a lot of the job training and placement that had been the custom for several decades in this area typically result -- revolve around construction jobs, around fast food restaurants, brown grocery stores like safeway and little vision for job-training and placement had existed in trying to get people of our community into permanent job tracks the on maybe just seasonal work or work that would pay less than a living wage.

so i am pleased to see that we have some real pros in the western addition fillmore area who are really taking the center. we had a soft opening last week. very exciting, but it is also exciting, not just about those looking for a job, but those coming out of a prison system, the jails, who need an effective as for to help them gain effective reentry, and that, i think, is why it is essential to celebrate the opening of a job training and placement center like this. i think this is obviously a no- brainer, but i just want to preface that we are excited that this is happening. supervisor chiu: any additional discussion? roll call vote on this item. >> on item four, chu aye. cohen aye. elsbernd aye. farrell aye. kim aye. mar aye. mirkarimi aye.

wiener aye. avalos aye. campos aye. chiu aye. there are 11 ayes. supervisor chiu: this resolution is adopted. >> item 5, ordinance of many public works code declaring illegal dumping on public property a nuisance and providing a mechanism for abatement and enforcement. supervisor cohen: thank you very much. i just had a few minor amendments to offer today, which actually come to me at the suggestion of various city staff. the amendments before you are simply to clarify that a variety of municipal codes and agencies may be employed in the city's effort to combat illegal dumping. this insures that we potentially have the services of either the district attorney's office and the city attorney's office at our disposal that any potential litigation stemming from this

ordinance, and i humbly ask for your support today. thank you. supervisor chiu: supervisor cohen has asked to amend her ordinance. seconded by supervisor campos. any objections to the amendments? without objection, the amendments will be adopted. supervisor chu: i would just like to be added as a co- sponsor. supervisor chiu: any further discussion? avalos i would like to be added as a co-sponsor as well, and i want to thank supervisors cohen for her work on this. supervisor chiu: can we take the same house, call? without objection, the ordinance is passed as amended. >> item 6, ordinance amending the public works and police could regarding posting of signs on city property and increasing penalties and enforcement. supervisor mirkarimi: i wanted to thank supervisors wiener for his co-sponsor ship. -- thanks supervisor wiener for

his co sponsorship of this. i think this helps streamline what the law should be. department public works has been looking for this enhanced tool, and that is exactly what this ordinance does. supervisor chiu: colleagues, can we take this item same house, same call? without objection, the ordinance is passed on first reading. why don't we skip across the 3:00 special orders that we have, and it 3:00 -- the 3:34 " special orders for the a corporate time, and to the committee reports. item 15. >> items 15 and 16 were considered by the rules committee at a regular meeting on april 1. 15 is a motion appointing supervisor david campos, a term ending february 10, 2015, to the metropolitan transportation commission.

supervisor chiu: ken will have a motion to excuse supervisor campos -- can we have a motion to excuse supervisor campos? colleagues, can we have a roll call vote on this motion. >> chu aye. cohen aye. elsbernd aye. farrell aye. kim aye. mar aye. mirkarimi aye. wiener aye. avalos aye. chiu aye. there are 10 ayes supervisor chiu: chiu this motion is approved. item 16. >> item 16 is the reappointment of gary lead to the minister of transportation board of directors, a term ending march 1, 2015. on item 16, chu aye. cohen aye elsberndaye aye -- cohen aye.

elsbernd aye. kim aye. mar aye. mirkarimi aye. wiener aye. avalos aye. chiu aye. campos aye. there are 11 ayes. item 17 was considered by the city operations and neighborhood services committee at a regular meeting on monday april 25 and was recommended as a committee report. it is an ordinance waving the public works code which imposes temporary street space occupancy fees on saturday, may 7, 2011, and saturday, may 21, 2011, for certain streets in san francisco as part of small business week sidewalk sales. supervisor chiu: colleagues, same house, call? supervisor avalos? supervisor avalos: just wanted to say that this resolution will make possible an earlier date

for the arts walk festival, which will be the first event for small business week, a week before small business week. it will be may 7 at 6:00. our district 11 arts what event is really a wonderful event. lots of artists from the neighborhood come out. we have hundreds of people on the sidewalks. we have done on the mission street, two on mission and one on ocean avenue. this will be the second on ocean avenue. what we have achieved in terms of participation from local merchants, resident artists and young people who are volunteering has been a tremendous success. if you guys could all come out, it would be wonderful to see. supervisor chiu: colleagues, can we take this item same house, call? without objection, this ordinance is passed on the first reading. we could now go to roll call. supervisor chu: i will submit my items. >> thank you. supervisor wiener: submit.

supervisor farrell: thank you. just one item, following up on my legislation i introduced last week regarding our stock options here in san francisco. i have spent the last week in a lot of dialogue with our technology and business community. obviously, the goal is to protect the future of our city while at the same time making sure we do not have any budget implications in the near term. i want to thank all the executive investors and members of both our private technology community and the public companies i have spoken with, and having a dialogue about what is the best option moving forward. i am submitting legislation and an amendment today to ensure that we do not create a hole in our budget going forward, but again, continue to protect the future of our city, future of our technology community and where our jobs are going to be. thank you very much. supervisor campos: colleagues, i

have a number of items. the first couple of items are hearing requests -- one is a hearing requests on the budget and legislative analyst's 2011 audit work plan. the second is a hearing request on the performance audit of the city advertising practices. this was conducted by the budget and legislative analyst, and i am asking that these hearings is that the government audit and oversight committee. the last hearing request is a hearing request that i am submitting along with supervisor mar. i want to thank my office as well as supervisor mar and his officers have been working on this a long time, as well as the progressive workers alliance, especially the chinese progress of workers' association and young workers united, who have been working with us on this

issue. this hearing request is being sought for the purpose of addressing the crisis with in san francisco. common forms of wage that are non payment of overtime, not paying for all hours worked, not paying the minimum wage, making legal deductions from workers' paychecks and not paying a worker at all. academic studies have found that wage that costs not only workers, but the entire -- our entire society billions of dollars in legally mandated wages each year. wage death also harms responsible businesses and governments by creating unfair competition -- wage theft. national studies report that it is the pervasive problem that disproportionately affect immigrant and low-wage workers. for example, a national study of

4000 workers in chicago, new york, and los angeles conducted by the national employment law project found that 26% of those workers had been paid less than minimum wage in the preceding week and the 76% had either been underpaid or not paid at all for their overtime hours. likewise, a recent report by the chinese progressive association here in san francisco focusing on workers in chinatown restaurants found that one of every two workers was not earning the minimum wage. according to the nlp, as stated in their recent manual, wage that is not incidental or rare or committed by a feud broke employers -- rose to employers. it takes place in industries that span the economy including retail, restaurants, and grocery stores, caregiver industries like home health care and

domestic work, blue-collar industries such as manufacturing, construction, and wholesalers, building services like janitorial and security, and personal services like dry cleaning and laundry, car washes, and beauty and nail salons. we in san francisco are fortunate that we have a local office of labor standards and enforcement that is in charge of enforcing our local minimum-wage of $9.92 an hour. our paid sick leave ordinance, and the employer expenditure requirement of the health care securities ordinance. in fact, since the minimum wage ordinance went into effect in san francisco in 2004, the office has recovered $4,199,000 in back wages for 2500 san francisco workers. very impressive numbers. but while it is effectively recovering wages for a large portion of san francisco, the

process has been less than effective where employers have refused to voluntarily settle cases with the office. i recently asked the budget analyst to prepare a report comparing the office's investigation and hearing process with the process conducted by the state division of labor standards enforcement. the report found fed has conducted formal administrative hearings in five cases during the last seven years that the minimum wage law has been in effect, compared to 402 cases during that time by the state agency in 2009 alone. moreover, for the five cases that went to hearing, the average amount of time between the date of complaint received and the date of hearing that was actually held was 780 days, costing the city an average of

$52,000 per hearing. furthermore, while wage that is a crime under both the california label -- labor and pill could, offices tell advocates that wage that is a civil matter that the department will not address. similarly, the district attorney has investigated very few cases and has only arrested employers after tremendous delay and after losing contact with many of the victims. finally, the office does not investigate claims of workers who do not have an obvious san francisco minimum-wage violations. these workers include day laborers and other workers who have been promised wages above the san francisco minimum-wage but were not paid what they were promised. i want this hearing to focus on the following -- as the office investigate and as the hearing process that we have in place

serve our workers, especially those who work for employers that do not immediately cooperate with the agency? second, how can the city improve the hearing process so it no longer involves such long delays and great expense? third, what is the san francisco police department and district attorney's office doing to address the crisis? fourth, why do investigations by the district attorney involving wage theft involve such long delays? finally, how can other san francisco agencies like the san francisco department of public health, the city attorney's office, and the treasurer and tax collector help to address this issue? the rest i submit -- ashley, if i may just have an -- actually, if i may just have an in

memoriam that i forgot. center work for the city at the public utilities commission and -- sandra worked for the city at the public utilities commission. for those of us who had the opportunity to work with her, she was just an amazing individual, one of the most professional people you will need in government. her work included regulatory issues related to ensuring reasonable rates for pg&e customers and protecting the city's right to serve electricity. very few people have done more on that issue. she provided expert testimony on behalf of the city at both the california puc and the federal agency federal energy regulatory commission. she worked on many business issues related to the city's electricity service, especially the contract with pg&e, including the city's right to

provide electricity to the ferry building. i, as a deputy city attorney, represented the city on that effort, and it was an honor and pleasure to work with someone of her caliber. in her work, she was smart, passionate, and highly motivated. she was highly valued and loved by her colleagues at the puc and at the city attorney's office. we will miss her and we sent her family our condolences. may she rest in peace. the rest i will submit. supervisor chiu: today, i have a couple items. a number of weeks ago at weeksgao -- a couple weeks ago at our gao committee, we learned that over time continues to be an issue plaguing the city. as part of the hearing, we learn that our fire department exceeded their overtime budget by almost 1/3 of their budget.

mta exceeded their budget by 10%. as we look to keep down our costs, we learned that in the administrative code, employees who work overtime hours that exceed 30% of a number of hours they are scheduled to work need to get an exemption from human resources. there are still scores of employees that work that level of ours. this is equivalent to an employee working 80 hours a week for almost four months before they need to get an exemption to continue to work more overtime hours. today, i am introducing legislation that would amend that number to 20%, so we can better monitor exactly how many employees are working very high levels of overtime. my legislation will also require the department of human resources to provide written justification for the need for overtime at those levels. i am also introducing today a letter of inquiry, which

regards one of our most significant challenges in this budget conversation we are having, and that has to do with the topic of revenues. today, i would like to ask the city to explore two new potential revenue sources both related to information technology. . we have maintained our own communications infrastructure for over 100 years. a key part of the infrastructure is a fiber optic network which comprises over 110 miles of fiber optic cable. this year we inis a stalled eight new miles of fiber to connect police stations, p.u.c. andport locations. as our fiber network has expanded, our department of technology has placed more strands of fiber than we need. once we pull new cables or dig new trenches it's very cost effective to do so. there is a revenue opportunity that we could explore by leasing this unused fiber which is also known as dark fiber, to private parties.

initial research shows that there's a very real demand and market for dark fiber paid for by the private sector. particularly industries that require high bandwidth such as biotech, digital media, health care or education. a second potential source of revenue related to technology has to do with the demand for certain physical locations such as radio towers, rooftops, poles or other facilities that reach certain heights that are appropriate for the installation of radio transmission equipment to support commercial wireless services. ad as we know, there are private carriers that neet need sites to ac dade wireless services and eliminate gaps in service. our city through the department of technology has maintained radio communication systems that are used by our police, fire, emergency management and other agencies and personnel. and as part of the system, the department of technology owns several radio towers and poles around the city as well as equipment on other city facilities.

we could lease space on these facilities to third party carriers for additional revenue. if you'll recall from a couple of weeks ago with regard to our t-mobile wire withless appeal, i asked the planning department to provide guidance in how our city could better manage the pro live ration of cell phone -- proliferation of cell phone towers. if the city got involved in providing such spaces to carriers, that could be part of the solution. so today i'm submitting a request to several city departments, particularly the department of technology, to provide an analysis and recommendation of potential revenue options represented to city-owned dark fiber and related to the leasing of radio towers, siren poles and other city sites to private telecommunication carriers. the rest of my eem it's -- items will be submit. >> thank you, president chiu. supervisor mirkarimi: thank you, madam clerk. colleagues, i have several items. one i'm submitting ordinance that creates a limited live

performance permit. i want to thank supervisors wiener, mar and campos for their co-sponsorships. this intends to amend the san francisco police code, san francisco planning code and san francisco business and tax code. this legislation addresses a gap in the city permitting for limited live performances as an excessry use in restaurants, cafes and bars. and other small businesses whose primary function is not the presentation of live performances. it creates a permit for a modest level of live performance in small business where it's currently not allowed. hundreds of cafe, restaurants, bars and other small businesses cannot legal lie offer their customers -- leaguely offer their customers live performances because the only permit available is the one suitable for night clubs and those permits can be extremely cost prohibitive. currently a cafe owner wanting to offer a solo guitar performance until 10:00 p.m. would be with required to obtain

a place of entertainment permit which typically requires a $1,700 nonrefundable application fee. cat fay would then have to create a security plan and make other arrangements associated with major events like a solo guitar player. in some parts of the city, a cafe or restaurant owner would also have to obtain a conditional use permit from the planning commission which would also cause an upward of $2,000. this legislation completely amends the current process. there are hundreds of can days, -- cafes, restaurants and other small businesses across san francisco that have been looking for an opportunity to enhance their business structure and i think that this is a step up for small business and the mom and pops. we want san francisco cafes to be able to have some modest amount of live performance, whether it's a guitar player, small band or singer, it's inconsistent with san francisco's reputation as being a center for the arts and performance to limit opportunities for performance

and for businesses that might offer them some work. we see businesses, musicians and other performers and visitors of san francisco benefiting from this permit that allows modest amounts of entertainment, venues that can't now legally provide. it i look forward to the discussion when it ensues. the next i'm submitting a supplemental appropriation, appropriate $150,000 from the general fund reserve to the department of public health to execute a loan to support a women's and lgbt health services in fiscal year 2010 and 2011. this replaces earlier legislation that i'd submitted some weeks ago as a straight-out supplemental appropriation and is up planting that with this loan execution. i'd like to thank supervisors wiener and campos for their support. it comes amidst concerns that a clinic who serves lgbt clients has had financial difficulties and has raised the possibility

of closing. this appropriation loan is intended to help ensure that women in lgbt population of san francisco continue to receive needed services in life these developments. i'd like to thank the department of public health for their good efforts and of course the community working impressively around lion martin as well in trying to help shorten their deficit. the next i'm submitting a motion for the creation of a joint committee between san francisco board of supervisors and the city college board of trustees. mimicked after the joint committee between the san francisco board of supervisors and the unified school district and the board of education is i think an opportunity to provide that same kind of joint endeavor to deal with the student body network that has even more students that reside in san francisco than the unified school population, city college has 70,000 san franciscans that

attend and i think it's important that we begin to open up dialogue with city college since they are a creature of state government as well as local, that we begin to understand i think the impacts financially that are hitting them considerably and begin to have those discussions here within city hall. the rest i submit. thank you. >> thank you. supervisor mar. supervisor mar: thank you. in the 330 accommodation time i'm going to acknowledge the incredible organization, community boards, for the big 3-5 their 35th anniversary and their 35 years of promoting peace and alternative resolution and mediation in our communities. but i just wanted to announce that they're having their anniversary event on thursday from 6:00 to 9:00 in the green room in the herps theater and they'll be announcing at the event, which is keynoted by the