page. you have to make sure that you create an atmosphere where people feel safe, and i think that to feel safe they have to feel like they're in partnership. i really believe that when you are blessed with the opportunities that this country gives you, that you have an obligation to give back. i really believe in public service. i could be in the private sector and make a lot of money, but i believe that i have a duty to try to make things better for other people and to pay back to a country that has pay back to a country that has given me so much.

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supervisor chiu: good afternoon and welcome to the san francisco board of supervisors meeting of august 2, 2011. madam clerk, could you please call the role? >> avalos present. campos present. president chiu president. chu present. cohen present. yell present. farrell present. kim absent. mar present. mirkarimi present. wiener present. mr. president, there is a quorum. supervisor chiu: thank you. ladies and gentlemen, could you please join me in the pledge of

allegiance? supervisor chiu: colleagues, we should have copies of the june 28th board meeting minute. could i maff a motion? >> mogsed by supermar, seconded by avalos. no objection. they are approved. >> i have no communications, mr. president. >> if we could go to our consent agenda, items one through eight. these items will be acted on by a single role call vote. if a member requests discussion of a matter, it shall be removed and considered separately. >> colleagues, would anyone like to receiver any items? role cahill vote? >> on items 1-8. mirkarimi aye, wiener, aye. avalos aye.

campos aye. president chiu, eye. supervisor chu. aye. supervisor cohen aye. yell aye. farrell aye. kim, aye. mar, aye. there are 11 ayes. supervisor chiu: these ordinances are passed and approved. >> item number is the ordinance limiting the amount of over time work to 20% and to require written reports to be submitted by the departments implementing this ordinance. >> i want to thank the members of the various labor unions that have met with me for a second time to confer. we had a number of questions that we need to receive from city staff. i would like to ask to continue this item to the first meeting

in september. september 6th. supervisor chiu: motion on the floor to continue to september 7, seconded by supervisor mirkarimi. can we take it without objection? that will be the order. item 10? >> item 10 read. >> colleagues, any discussion? >> supervisor campos? >> thank you, mr. president. colleagues,s awe may recall, i asked for a tip wans of this item two weeks ago because of the issue that what we have before us is an agreement that does not provide enough of a nexus between the number of trips taken on the m.t.a. system to determine the compensation that bart owes the sfmta.

you have a set of proposed amendments that i would like to make a motion to accept. what these amendments do are a couple of things. first, it takes into consideration a suggestion made by the president in committee. you can see the first further resolved that the board of supervisors urges the sfmta to accept the renegotiated reimbursement agreement with bart in the fiscal year 2011-2012 feeder agreement for approval at the same time. again, the point here is that the beater agreement that we have before us does not make the nexus between trips, while the fast pass agreement does. it is important that we consider both items at the same time. the second further resolve is the board of supervisors urges the sfmta and bart to negotiate

the medology for the fiscal year with respect to the feeder agreement to determine the actual number of transfer trips between bart and muni and the amount of payment by bart to the sfmta. the two changes in this craft are that the board of supervisors recommends to the mta a retroactive amount based on the new medology developed for 2011. this allows the m.t.a. to receive payment from bart but urges m.t.a. to make sure there is an additional payment given to the agency for any amount left out under the existing medology. the final resolve is the board of supervisors intends to condition its approval of any future agreement for

retroactive payment for 2010. this is to protect our rights and our riders with respect to any money that is owed. i make the motion. supervisor chiu: supervisor campos has made a motion to amend the resolution as proposed. seconded by supervisor farrell. there is there a representative from the m.t.a. here? i am wondering, could you comment on the amendments that have just been made, which i understand are on top of the amendments i had made in committee last week? turn on the main mic. >> thank you, supervisor. the first two resolved clauses came out of the budget and finance committee, and we are fine with them. the second two clauses introduced by supervisor campos, we are not sure whether we will be able to achieve those, the result of those

clauses. i think bart at this point is fully aware of the concern from the board of supervisors. the ability to get retroactive payments at this time, i don't know if we can. i think it will be difficult. i think to the extent that we are limit our negotiations and box in what we can and can't negotiation will be difficult for bart and m.t.a. to get to a favorable outcome. from my perspective, i expect to do what supervisor campos is requesting. but i think to have that requirement in writing may constrain our ability to achieve a more favorable result with the full negotiations. i understand supercampos' intent very clearly. supervisor chiu: could i ask how this language might actually hinder the negotiations? we all agree that these should

have been calculated this way. >> they agreed to have a line where it would be with the old methodology and f.y. 2009 with the new method og. if we go back and want to renegotiate 2010, we may have a problem. having the f.y. condition on that and not knowing whether i can deliver is what our ability is. >> this resolution is urging them to take this course of action. i think it is important for us to be on record as to what needs to happen. that is the reason i made these suggestions. i think it is important for the

board of supervisors to be on record that to the extent these moneys are owed to the m.t.a. that the board of directors and executive director take all steps to ensure payment of those moneys. ultimately the authority rests with the m.t.a. >> supervisor, i could see a situation where we would come back to you with the fy 2011 agreement, both going forward if we agreed not to review the retroactive discussion. that might be an outcome that would be before you when we return with the feeder and fast pass. at that point i can't explain to you -- i could explain to you why moving forward with that might make sense. supervisor chiu: supervisor farrell? supervisor farrell: i want to echo those comments.

this could put you in a stronger position with bart. we want to make very clear. president chiu has articulated this in the past. we want to make a very clear statement. we would like you to go renegotiate, and we certainly are not going to tolerate that in the future. i think by including this in here to me sends a stronger message without tripping up any boundaries and gives you the power to go back and say that is what the board is recommending. i will be supporting this. supervisor chiu: supervisor chu? supervisor chu: thank you, president chiu. the first two amendments we have made in committee. in addition to strongly having a methodology that shows the nexus between the transfer trips. i would be supportive of the first resolved clause that

supervisor campos added on, to urge them to renegotiate an added amount. i think we should try. however, i won't be supporting lines 21-23. i would ask we straight that out. even though we are saying this is a resolution and that it is non-binding, to be frank we are going on record saying that we are intending to condition our future approval on a feeder agreement based on this provision of a retroactive payment. not knowing what is going forward, if that retroactive payment is less valuable, it doesn't seem to make sense to lock us into that yet. so i would suggest perhaps we move the amendments up to line 20 but to pull out 21-23. supervisor chiu: supervisor, campos? supervisor campos: mr. president, i think that is a very good suggestion, and i'm ok with that.

supervisor chiu: ok. so just to move this forward, supervisor campos add offered a motion to amend which was seconded. then there was a second degree amendment on that by supervisor chu to remove the further resolved clause at lines 21-23, seconded by supervisor campos. if we could take that without objection. so at this time what we are looking at is a vote on the menment of the whole, including everything up to line 20 on page two. any further discussion? ok. colleagues, can we take a roll call vote on the resolution as

amended by supervisor campos? up to line 20 on page two. >> mirkarimi, aye. wiener, aye. avalos, aye. campos, aye supervisor chiu aye. chiu aye. cohen aye. elsbernd, ayes. kim, aye. mar, aye. there are 11 ayes. supervisor chiu: the resolution is adopted as amended. item 11. >> an ordinance amending the police planning and business and tax regulation code, limiting life performance

permits. supervisor chiu: supervisor mirkarimi? supervisor mirkarimi: thank you, mr. president. colleagues on a most festive note i think this modest piece of legislation helps deliver on several objectives. one, it empowers small businesses, particularly cafes and restaurants to get their hands around an affordable permit to comply with the law. before they had to have -- they have a permit made available to them that is affordable so they can go ahead and have limited live performances. two, we can put musicians and performance artist to work by doing this. and three, we can actually help to dispel any notion that people who come to san francisco or live in san francisco and believe we don't live up to our represent -- reputation, based on other

cities like austin, san antonio, new orleans, and other economies, who do a better job of putting musicians and artists to work. i want to thank my aid for helping work on this legislation. r emp gina, jocelyn, and marie rogerers of the planning department, and a slew of citizenry for their helping in moving this legislation forward, which has been well vetted by a number of commissions. an early survey show that 700 restaurants and quarters could be affected in a positive way. they already have that right by other establishment that are

able to afford the $2,000 a year permit. but those are for the larger venues. for the smaller venues, a permit costing $389 puts them in range of being able to do something. we are able to say we are doing something good here by being more business friendly and creating this kind of permit. earlier i said $389, but i meant $385 for the application fee. thinks to wiener, campos and mar for their company sponsorship. i want to thank the for example who helped send this earlier today. we probably could have a tuesday meeting. i am more than happy to answer any questions, but i am happy seeing this traverse through the commissions throughout city

hall and community. your support would be appreciateded. >> thank you, mr. chair. i want to thank supervisor mirkarimi for working on this. i want to move forward with this. in the past i have asked for feedback from constituents of mine, and i have received petitions from my folks who want to support moving forward with this. i do in this is something that will enhance the life of our city. that being said, i represent some of the deniesest neighborhoods on the west coast that include many entertainment venues that sit on top of neighborhood. to that what i would like to do is make a very minor amendment. right now the legislation allows limited live

performances to 10:00, and then after a year if there have not been any problems, to let it go to 11:00. two districts in my area, the norton district and the poke street, that we only allow the permit to continue to 10 clock. this is something like that. i think the legislation is good, and i look forward to supporting it. >> the motion has been made to amend the item. is there a second? can we take that amendment without objection? that will be the order. supervisor mirkarimi. >> i will defer to supervisor farrell. i will speak after him. [inaudible] >> thank you again to supervisor mirkarimi for the

legislation. i have heard from a number of small businesses and residents on how excited they are about it. not to belabor the point, but to echo what president chiu was saying, you have heard and we have heard from groups from two specific areas in particular on union street and chestnut, wanting to do something exactly similar to what president chiu is suggesting, limiting the auto extent to 11:00. i am going to propose an amendment in the same form to ensure that the time limit stays at 10:00 p.m. for those two commercial corridors. >> if i could just for drafting clarity suggest that the language describing the specific areas be inserted after the language i just included so we don't have two sections that say the same thing.

>> no problem. supervisor chiu: supervisor farrell, let's take your first amendment. is there a second for that? >> second. supervisor chiu: can we take that without action? that will be the order. superfarrell your second. >> thank you. the second amendment to create -- the part of my tons. to create a system here where residents can opt in and ask the entertainment commission and the director to be put on notice when an application or permit comes up so they are noticed at the same time that there is physical notice on premise. it will give our neighborhood both on the commercial side and also the neighbors advance notice of this before it comes up-the entertainment commission. it is to make sure people are not surprised by these permits going forward. i want to thank sheryl for

working hard on this. i would ask for your support on this as well. >> supervisor farrell has made a motion, seconded by supervisor chiu. can we take that motion to amend without objection? that is the order. supervisor wiener? >> i want to also thank supervisor mirkarimi. this is a great idea and very important to keep beating the drum about how the entertainment commission needs more resources. one of the things that kept coming up during this process is some people don't have comments necessarily has the resources to enforce the ordinance. i think the economy recently has taken it up a notch, and i think it can be enforce it, but

i think it needs more resources in the future. i am going to keep pursuing that in future budget cycles. >> thank you. supervisor, mirkarimi? >> again, thank you to all of you colleagues. i think your amendments are fine. i wanted to sculpt the legislation over a period of time so that it is sensitive to each district. thank you for the way it has been built. i get that there need to be some sort oflele -- of tayloring around district. we have retained the rules and regulations as they would apply to larger venues. in terms of neighborhood concerns, public health, noise coal and everything that has caught our attention. over the years past, those

protocols to remain in place, but we don't want those protocols to be so oppressive that we can't innovate something new and different. i hope that is what we are departing from here today. >> thank you, supervisor, mirkarimi. can we have a rl roll call. mirkarimi, aye. wiener aye. avalos, ayement campos, aye. chiu, aye. chu, aye. cohen, aye. yell, aye. farrell, aye. supervisors kym, aye, mar, aye. there are 11 eyes. >> the ordinance is passed on the first reading. item 12. >> ordinance amending the planning cord modifying planning codes on clement.

>> i ask for your support again today. i would like to thank our combs of small businesses and residents from the richmond district. it has been led by amazing owners and workers from b and b, to cal, to rich and drew's canine corner, like bow wow and me ue, i love saying their names. it is supported by a number of small businesses advocates as well. this will help us fill vacant store fronts by updating the zoning laws in our neighborhood. it also will help us maintain a diverse neighborhood district. so i urge you are your support again today. thank you. >> any discussion?

roll call vote. >> mirkarimi, aye. wiener, no. avalos, aye. campos, aye. chiu, aye. chu, no. cohen, aye. yell, no. farrell, aye. kim, aye. mar, aye. there are eight ayes and three nos. >> the ordinance is passed. item 13. >> ordinance authorizing settlement of the lawsuit filed by t-mobile west against the city on july 8, 2010. >> roll call forth. >> mirkarimi, aye. wiener, aye. avalos, no. campos, no. chiu, aye. chu, aye.

cohen, aye. yeb, aye. farrell, aye. kim, aye. mar, no. there are eight ayes and three nos. >> the ordinance is passed. mirkarimi excuse me mr. president. motion to recent. i was on side bar. i want to change my yes to a no. supervisor chiu: supervisor has made a motion to rescind seconded by campos. roll call vote against. >> mirkarimi, no, campos, no,

>> there are seven ayes and four nos. >> this ordinance is passed. item 14. >> ordinance amending the administrative code to modify the health care security ordinance. supervisor chiu: supervisor campos? supervisor campos: thank you very much, mr. president. i would like to, if i may, begin my remarks by asking all the works in the chamber to please stand. if you are a worker and you are in the chamber, if you could please stand? thank you. the reason i wanted to do that is because these individuals are here for this item and also for the item that follows this item, which is wage theft