. -- starting point. i agree and will do my best to abide by them moving forward. the city -- we can always make improvements in the work that we do. that is why starting this past fall, my staff and i have worked with the stakeholders to talk about what worked well last year during the last process and what we can improve on. two important themes emerged and i would like to share those with you today. first was about these budget principles and how we can improve. currently, the human services agency and other nonprofit partners have been exploring revisions from last year to strengthen the principles and i look forward to working with my c.b. zero partners on reviewing and refining the principles moving forward. the second theme is we need to start the process early so our

partners know early what department proposals look like. i have instructed departments to have their own specific cbo in disman strategies. this effort is underway with meetings happening at public health, human services, and the office of economic and workforce development. we need more transparency by departments early on so we can all tackle the difficult budget situation together. thank you for bringing up this important question, supervisor campos and i look forward to working with you in engaging the partners, the leadership, and all san francisco residents regarding our important budgetary decisions. president chiu: our final question will be asked by our colleague from district 11, supervisor avalos. supervisor avalos: thank you and congratulations on your inauguration. my question regarding the l line down to city bart.

you have to make several transfers to get downtown. the idea of going down to taking the 14 l to downtown city bar eliminates time and that was something that was advocated in something i have been talking about for a long time. i am happy to see that will be implemented soon. one of the missing pieces in that is the assurance that residents who go to daly city park and pay the fare the way any president transferring into the board system would pay the fare within san francisco and i like to see what commitment we could make to sure we could make -- move forward with that agreement with bart and what your administration is doing to see that happen. >> thank you for that question. i am sure you are concerned about ensuring equal access to quality public transportation for our residents.

i have made providing quality access to public transit for all one of my top priorities. what you have been asking for is already in the works, supervisor. san mateo county is not part of the bar special tax district. premium is placed on trips originating and terminating within those boundaries, including daily city. the 1-way fare from daly city to civic center bart station is $2.95. the same trip originating at balboa park is $1.75. recognizing this fare structure places an unfair burden on san francisco residents residing in the southern part of the city where the daly city bar connection is the most efficient, bart and mta have been -- had a fair agreement. this benefit provides free

roundtrip travel to and from the daly city bart station on too many lines. the 28, 19th avenue, and the 54 which connect to the bart station a $4 value. bart reimburses the san francisco mta 50% of the cost of this transfer. the same benefit will be offered to customers on the 14 l mission line as soon as the service began. this is expected to be available on clipper and on a paper to part transfer ticket at first and transition solely to the clipper card. sfmta is participating in a working group in conjunction with bart, the transportation authority, daly city, santrans and san francisco university to include daly city as well as other fare options.

the current agreement allows unlimited travel on or within san francisco and on all muni services with a single fair instrument. the san francisco mta reimburses part about $1.20 for each trip taken under this agreement currently. this reimbursement rate is retroactively to the fiscal year 2011. in the new fast pass agreement which will go before the board of supervisors for approval in the near future, along with the bird feeder agreement. the fair study will look at the writer ship and financial impacts which will be included in the study already under way to look at the overall capacity at the daly city bart station. recommendations are expected in late summer, in the early fall of 2012. i look forward to potentially riding with you in the 14 l.

president chiu: thank you. madame clerk, the consent agenda. >> an item can be removed and considered separately. >president chiu: would any of you like to sever these items? supervisor elsbernd: ten. >> supervisor wiener. aye, supervisor avalos, aye. supervisor campos, aye. president chiu, aye, supervisor chu, aye. supervisor elsbernd, aye. supervisor farrell, aye. supervisor kim, aye.

supervisor mar, aye. supervisor olague, aye. president chiu: approve. item 10. >> approving to the market and octavia at committee advisory committee. supervisor elsbernd: i would like to divide the question and approve all the names except for mr. cohen, separate him out. i would like to refer that seat back to committee. i would like to advise the question. -- divide the question. president chiu: is their motion to that effect? i am sorry, you do not need a motion. why don't we take the first part of that question first? can we approve the remaining appointments for item 10 without

objection? the motion is approved. and vis-a-vis mr. cohen? supervisor elsbernd: thank you for accepting my request to appoint someone else, i was not able to attend. i was able to review the hearing and during this applicant's presentation there was one thing that was said that was concerning. the seat to which he has been appointed, qualification say the applicant must be low-income. in his testimony he said he is not low income. if we're going to follow the legislation as it was drafted and insure that everyone is represented, most importantly, those of low income qualification are represented, we should fully understand why this individual was appointed and if not him, if we have better applicants. not saying no to him today but that question needs to be further discussed since it was

brought up by a public credit should be further elaborated in public. i asked the sea be referred back to committee. president chiu: supervisor has made a motion. is there a second? can we do that without objection? roll-call vote. any further discussion? >> supervisor wiener, aye. supervisor avalos, no. supervisor campos, a no. supervisor chu, aye. supervisor elsbernd come ogg aye. supervisor farrell, aye. supervisor kim, no. supervisor mar, no. supervisor al-rolague, no. president chiu: this is referred back to committee. item 11. >> ordinance amending the park

code to require the recreation and park department to offer long term management agreement to the national park service for sharp park. supervisor avalos: thank you for your consideration of sharp park legislation. i was not happy to see this received a veto. i feel like it did not put the sink -- city for but open up the possibility for several courses of action that could be considered by various bodies before any closure could happen. in the mayor's remarks and his letter to the board that expresses his video, he talked about wanting to balance environmental and recreational concerns and he felt that san mateo county was the best entity to do that with the city and county of san francisco. i questioned san mateo county to

effectively go into such an agreement with the city because they're having their own. san mateo county is having its own difficulties getting its own golf courses within its jurisdiction. the popular course in san mateo county is one that has not seen a decrease in demand. it is one of the other golf courses that are not getting used very frequently. the san mateo county has had difficulty raising the funds to be able to manage its park system in the past two years. they have attempted to approve bonds for a couple of park measures in the county as -- and was not able to see this done successfully. the legislation for the alito -- bill letter expressed negotiations that were happening and this legislation would prevent that happening.

it is not the case we have the ability to continue having dialogue and conversation with san mateo in ensuing months. the real thrust of this ordinance is to protect endangered species in this -- of the pacific that area. the red legged frog and the san francisco garter snake. we have difficulty managing our parks financially in san francisco where we have deficits every year. i want to commend the rec and parks department for the work they do. i know they are strapped. i think they do a good job considering the situation in terms of keeping our parks maintained but the liability we have with maintaining sharp park that has a deficit that over five years has had a $1.5 million deficit is not something that makes a lot of sense when our parks department is so strapped to continue its services within the boundaries

of the city and county of san francisco north of daly city. i would like to urge you to vote with me on this to override the mayor's beat out and i welcome your support. thank you. president chiu: any additional discussion? why don't we take a roll-call vote. >> supervisor wiener, no. supervisor avalos, aye. supervisor campos, aye. president chiu, aye supervisor chu, no. supervisor elsbernd, no,. supervisor kim, no. supervisor olague, aye. six ayes and five nos. president chiu: the ordinance

is not approved. item 12. >> a motion adopting findings and approving the conditional use authorization on property located at 2041 larkin street subject to all conditions imposed and additional conditions imposed by the board of supervisors on december 6, 2011. president chiu: is there a supervisor from -- representative from planning here? i don't think we have technical limits in front of us. we do have the technical limits? assuming we do, why don't we make a motion to excuse supervisor olague? do we need to take a roll call on that? >> on the motion to excuse. supervisor wiener, aye. supervisor avalos, aye.

supervisor campos, aye. president chiu, aye. supervisor chu, aye. supervisor cohen, aye. supervisor elsbernd, aye. supervisor elsbernd -- ferro, aye. supervisor kim, aye. supervisor mar, aye. president chiu: there have been technical amendments suggested by planning. could i have a motion to accept those amendments? motion by supervisor wiener, seconded by supervisor cohen. without objection, can we take those amendments? on the underlying motion, if we can prove it as amended, roll- call vote. >> supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. supervisor chu, aye. president chiu, aye.

supervisor cohen, aye. supervisor farrell, aye. supervisor kim, aye. supervisor mar, aye. there are ten ayes. president chiu: approve as amended. >> item 13. approving the conditional use authorization on property at 3901 mission street. subject to all conditions imposed and further additional conditions imposed by the board on december 13, 2011. >president chiu: a motion to recuse supervisor olague? we have additional technical amendments. if i could have a motion to amend. seconded by supervisor mar. if we can do this without objection? that shall be the case. on the underlying motion, if we could prove that as amended and do that same house, same call? that motion is approved.

item 14. >> item 14, ordinance transferring jurisdiction of certain unimproved real property located at 341 corbett avenue to the department of public works. president chiu: roll-call vote. >> on item 14. supervisor wiener, aye. supervisor avalos, aye. -- no. surber rise in campos, -- supervisor campos, no. supervisor elsbernd, aye. supervisor kim, no. supervisor mar, no. supervisor olague, no. six ayes and five nos. president chiu: the ordinance is finally passed. if we could pass over items 15- 17 which have to do with the expansion proposal and take that

up after 4:00 p.m. let's move to item 18. >> amending the administrative code to establish the san francisco sentencing commission and set forth the purpose, powers and duties and establish membership criteria. president chiu: supervisor wiener. supervisor wiener: i am proud to be sponsoring this legislation partnering with our district attorney. thank you for cosponsoring. with realignment coming, we may have some significant challenges in our jails. what we do have is some spare capacity in our jails now, given the transfer of prisoners, we will have certain crimes that would exempt people and we will send them to county jail. we're at risk creating overcrowding and overwhelming

our jail budget. this ordinance will convene a sentencing commission that will exist only for three years without a permanent commission. it will do its work and then sunset. it will involve the various stakeholders in the justice system. to come up with sentencing guidelines so we are being smart in the way that we sentence people. people who need to spend time incarcerated spend that time the people who do not need to spend time do not spend time or do not spend as much time. so we do not overwhelm our jail population. sheriff mirkarimi had expressed some concern and he did sit down with the district attorney's office and worked out their differences.

i am proposing some technical amendments today to address sheriff mirkarimi's concerns. i would ask the board adopted amendments and i hope to have your support on this legislation. president chiu: is their second to the motion to amend? can we take the motion without objection? that shall be the case. on the underlying ordinance as amended. if we could take roll-call on this item as amended? >> item 18. supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. president chiu, aye. supervisor chu, aye. supervisor cohen, aye. supervisor elsbernd, aye. supervisor farrell, aye. supervisor kim, aye. supervisor mar, supervisor olague, aye. president chiu: the ordinance is

passed as amended. item 19. >> amending the administrative code subject to the prevailing rate of wage requirements. supervisor wiener: this legislation and i want to thank supervisors chu and campos for cosponsoring with me. this legislation will improve and cleanup and tighten our prevailing wage ordinance. our prevailing wage ordinance requires certain city contractors pay the prevailing wage and that is part of san francisco's commitment to pay workers a decent wage. when we are contracting out, that does not mean that those workers are going to receive poverty wages. in this case, it is important

for janitors who are low-paid to make sure they are receiving a prevailing wage. they think it must be 30 or $40 an hour. the prevailing wage is $12.75 an hour. we're talking about all low- wage -- paying someone all low- wage as opposed to an extremely low wage. it applies to other categories. this legislation broadens types of contracts that are subject to the prevailing wage ordinance. it consolidates for consistency various parts of the ordinance. it creates a transition period of up to six months when a contractor is changed and we saw earlier this year were last year when the city switched

contractors and another contractor immediately laid off the workers and this board supported the workers unanimously in that dispute. also it eliminates a loophole where people, employees are classified as independent contractors instead of employees to get around the prevailing wage ordinance. this resulted from a very good process that worked closely with the number of labor unions. we also worked closely with the department of public health and human services agencies and nonprofits to address their concerns and we did make a number of amendments in committee and i was proud this came out unanimously from budget with a positive recommendation. i ask for your support. president chiu: supervisors kim. supervisor kim: i wanted to express my support for this legislation and think supervisor wiener's office for working on

this ordinance and to clean up the code because there was inconsistent language around enforcement which varied among the different types of contracts. i did support supervisor wiener last year in supporting the workers and it is important we do increase the employment transition period for many of our workers. families often come under extreme hardships and some exceptions were made. i also want to thank seiu. and there were a lot of nonprofits that were involved and i am happy to see this come forward. i would like to add my name as a cosponsor is well. president chiu: supervisor campos. supervisor avalos: -- supervisor

campos: i want to thank our partners for pushing this forward. this has a very personal meaning. my mom worked as a janitor for many years as her kids were going through school. it is often the case that low- wage worker is the target of unfair treatment. this will ensure that we in san francisco make it clear that we are here to protect working people who are simply trying to put food on the table. i think this legislation is well thought out. a number of changes were made in committee and i appreciate those changes. thanks to supervisor wiener and all who worked on this and i am proud to be a co-sponsor. president chiu: supervisor avalos. supervisor avalos: thanks to my

colleagues and i would like to thank supervisor wiener. i would like to be a co-sponsor is well. i also want to acknowledge the work of the janitors. i used to be an organizer with janitors in san jose and in san francisco. one of the things we noticed was organizing non-union janitors. when they are nonunion, they get paid by the foot illegally. it is hard to have the tools to bring these labor standards up to bear in the nonunion sector. things like prevailing wage provides a tool to lift up the standard across the industry. i welcome the change and i would like to co-sponsor. thanks president chiu:. president chiu: supervisor wiener.

supervisor wiener: this was not easy legislation to put together to move forward. in fact, it was incredibly difficult and required a lot of balls. i want to acknowledge my aide who did unending work on this legislation. it took on -- it took a talented person to put this all together and make it happen. i want to acknowledge him publicly -- her publicly for her work. supervisor cohen: could you please add me? >> thank you, supervisor. supervisor elsbernd: i am sorry to have to rain on the parade here. there is a principle here i can i get past. over six months we will be entering into discussions with

our own public employees and we will say to them, we have no money for raises. and maybe we have enough money to keep you that status quo but more likely than not, we will say to our 25,000 + employees we have concessions. the principle of prevailing wage tells private employers we do not care about the economic circumstances of things. you need to continue raising employees' wages. it is not ok for us to do that. we're not going to be able to do that but we're telling private employers they have to. i do not think it is right, particularly for our city employees. they're not going to see braces but private employees are. -- raises, but private employees are. if we have problems in terms of revenues, you can be sure private employers do, but we are ignoring that. we are saying other things take precedence.

i appreciate the motive here. if we're going to be fair, if we're going to be equitable, i think we need to completely reevaluate the prevailing wage standards the way it is set annually. i do not think it truly recognizes the economic climate and in particular i do not think it is fair to our city employees. president chiu: any further discussion? supervisor wiener: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. cone cone aye. -- supervisor cohen: aye. supervisor elsbernd: no. farrell farrell aye. -- supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor olague: aye. >> there are 10 ace, one no. president chiu: this ordinance is passed in the first reading.