item 20. >> ordinance waving the competitive bid requirements of the administrative code and approving a modified clause for runway safety area, engineered material arresting system. supervisor campos: thank you, mr. president, if i may, i just want to note that usually i'm a big supporter of competitive bidding but in this case the way that federal law works in terms of -- is qualified to do this work, that is not a possibility or an option which is why i would be supporting this item. thank you. 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: aye. supervisor olague: aye. >> there are 11 ayes. chiu this ordinance is pass -- president chiu: this ordinance is passed on the first item. >> eye indemnify number 21. modification number one of the lease at 126 with united airlines. president chiu: this resolution is adopted. item 22. >> resolution authorizing the sabfrean public utilities commission to execute a 20-year lease for an president 121.73 acre pipeline right ofway -- right of way. president chiu: this resolution is adopted. next item. >> item 23 is a resolution authorizing the office of contracted administration to enter into the third amendment between the city and xtech in which the contract will increase the limit from $41 million. president chiu: this resolution is adopted.

next item. >> item 24 is a resolution authorizing the office of contract administration to altogether noort fourth amendment between the city and xtech in which the amendment shall increase the contract limit from $40 million to $60 million. president chiu: same house same call. this resolution is adopted. >> resolution authorizing the contract of administration to enter into the third amendment between the city and en pointe technology sales in which the amendment shall increase the contract limit from $28.4 million to $38 million. president chiu: same house same call. in this resolution is adopted. item 26. >> resolution authorizing the mayor's office of housing to retroactively accept and expend a grant for lead-based paint hazard reduction in the amount of $2.5 million and program income not to exceed $200,000. president chiu: this resolution is adopted. item 27. >> from the budget and finance committee, without recommendation, resolution authorizing the sale of city property at the northeast corner of fulton and gough street to the boys and girls club of san

francisco for $2.5 million. subject to a declaration of economic covenence and a project use restriction. supervisor olague: thank you. this was legislation that i believe was sponsored by my predecessor supervisor mirkarimi and i would like to spend a little more time studying it because i do believe it has implications for district five. there are residents who do utilize these facilities. so i respect the work of the boys and girls club but i do want a little bit more time to study this item. i didn't have as much time as i was hoping to. president chiu: so i assume you're asking for a motion to continue? supervisor olague: yes. i would like to make a motion to continue the item. president chiu: how long? two weeks? supervisor olague: i think that's sufficient. president chiu: would that be the 24th of this month? supervisor olague: as soon as possible but i would like to study it. chiu a motion to continue this to the -- president chiu: a motion to continue this to the 24th.

if we can take that motion to continue without without objection that will be the case. item 28. >> item 28 is a resolution with bower transit intelligence communication for a term of 10 years. president chiu: it's my understanding, given that it's related to the america's cup, we've been advised it needs to be continued until after the appeals and we will take up on the 24th. could i ask for a motion to continue? a motion by supervisor chu, seconded by supervisor mar to continue this item to the 24th of january. without objection, that should be the case. >> item 29, resolution encouraging the municipal transportation agency and the m.t.a. board of directors to develop a plan and adopt a policy to address overtime overruns in fiscal year 2011-2012 and subsequent years.

president chiu: colleagues, can we take this item, same house same call? without objection, this resolution is adopted. item 30. >> a motion confirming the mayor's appointment of bryant tan to the entertainment commission term ending july 1, 2015. president chiu: same house same call? supervisor wiener: thank you, mr. president. i want to speak in favor of mr. tan. entertainment is an issue near and dear to my heart. i work on it a lot. and i got to know mr. tan and he is just exceptionally qualified to be on this commission. it brings a terrific perspective of a young person of someone who understands how entertainment and nightlife fits into good urban planning and how entertainment and nightlife are not an impediment or an obstacle to having a good neighborhood or

a good city but an integral part of any thriving, diverse city. so i want to thank the mayor for the nomination and i am enthusiastically support it. president chiu: can we take this item same house, same call? without objection, this motion is approved. item 31. >> item 31. motion appointing tim eicher term ending july 1, 2014, to the entertainment commission. supervisor mar: thank you, president chiu. i really represent the work of mr. eicher but i wanted to make a motion that we consider steven lee as our appointment. steven lee has been a 34-year experienced industry professional. i've known of his work sips my days at san francisco state -- since my days at san francisco state where he organized many of the different concerts and dances throughout the communities. he's done a tremendous job reworking the former historic

gay disco and sister club to studio 54 on this west coast and transformed it into 1998-1999 into the glass cat which i know has had its ups and downs but i think he's worked through the industry with great experience. again, 4 years. also food and bev ranl -- 34 years. also, food and beverage experience. construction founding and operating different clubs and entertainment organizations. he's also been the former manager of a number of performers like the jets. those of you that may have grown up in the 1980's know a number of the hawaiian bands and the others that he brought to the area. also working with community-based organizations, he's a wealth of experience. i also think that he meets the qualifications of a venue under flash industrial seat for this position and he's the highest qualified person i think that is before us. so i make a motion that we consider steven lee and replace his name in item number 31 and

we strike mr. eicher's name. president chiu: is there a second to that? seconded by supervisor avalos. supervisor wiener: thank you, mr. president. i am speaking today in favor of the recommendation of the rules committee, tim eicher, in opposition to the motion to amend. tim eicher came out of the rules committee with a recommendation and he is very qualified for the position and there's no reason to reject the recommendation of the rules committee. we can all have different opinions about candidates, especially when there are multiplied qualified candidates but when a qualified candidate comes out of the rules committee, i do believe we owe some level of deference to that. that's why we have this process. as i mentioned a few minutes ago, entertainment and nightlife is one of my top, top issues. it's something i am passionate

about. it's something i work on on an almost daily basis. the i work closely with the entertainment commission on a very, very regular basis. it's incredibly important commission and i think it needs to be strong. it needs fresh ideas. it needs to be responsive, it needs to embrace new approaches and technology. mr. eicher is incredibly well qualified candidate for this position and first i will note that he lives in san francisco and mr. lee, who i like and i have nothing against, does not live in san francisco. he requires a residency waiver and i'm not saying he has no connections. he's done a lot of work in the city. but we hear this a lot. that we have a lot of qualified candidates who live in san francisco for these positions and i think that we should err on the side of appointing residents. mr. eicher has a background in

technology industry and as someone who works regularly with the entertainment commission, i can tell you the entertainment commission need as lot of help on its technology and it needs an upgrade and we put a lot on that commission and a it needs the technology to do it. mr. eicher now co-owns three neighborhood bars in the castro, the midnight sun, the edge and the q bar. so in addition to bringing a night club perspective, he brings a perspective of a neighborhood bar owner. i will note that based on what i have been able to ascertain, castro has never had a representative, never had a resident or a bar owner from the castro on this commission and the castro of course is one of the entertainment and nightlife hubs of the city. now, what really makes mr. eicher exceptional beyond everything else is his absolute demonstrated ability to work effectively with neighborhoods,

to fit nightlife into neighborhoods. when he first took over the q bar, the previous owner had had enormous conflicts with neighbors. mr. eicher came in and resolved those issues to the point where those neighbors came to the rules committee to testify for him. he joined the board of the local neighborhood association and the two major neighborhood associations in the neighbor whose presidents came to the rules committee and testified for mr. eicher. that didn't just happen. that's because tim has the ability to work with neighbors and to make sure that we have responsible nightlife. tim also organized the bar owners in the castro to form an organization called castro after dark. castro after dark organized the bar owners so they kim prove nighttime safety -- can impove nighttime safety so when there are trends in crime, the bar owners can respond to that.

that's exactly what we should be modeling in other neighborhoods. that the bar owners are actually contributing to public safety in the neighborhood. he did all of these things back when he was a new bar owner. no one told him to do it, he just knew it was the right thing to do. and that's exactly what we need, a fresh perspective. i will say that i've been disappointed in the last few days because i've heard some of the advocacy for mr. lee, some of the folks who on the outside of have been advocating, i've heard of them making a comment that there are too many gay people on the entertainment commission. i was very surprised to hear that. of course in the lgbt community, entertainment is extremely important so there's no surprising that there's a high interest level on this commission. but i went and did a little research on some of the mainly commissions in the city and although i can't say with 100% certainty always who's gay and who's not, i have a good sense. so looking at major commissions,

as far as i can tell, the airport commission has no lgbt people and has never had an lgbt person. the ethics commission i don't believe has an lgbt person. the fire commission has no lgbt commissioner. the planning commissioner with the appointment of commissioner ole has no lgbt people. looking at some other major commissions, board of appeals has one lgbt representative, the police commissioner has one. the m.t.a. board of directors has one. the portland commission has one -- port commission has one. the redevelopment agency commission has one. so to say that there are too many people on one commission when we know there is a dearth of representation on some of the most powerful commissions on this city to me is a problem. so i just wanted to put that out there. we have a very, very qualified lgbt candidate put forward by the rules committee who will make us proud on this commission and, colleagues, i ask for your

support for mr. eicher. supervisor farrell: thank you, mr. chiu. you know, colleagues from my point of view, i was on the rules committee when we considered the candidates. both mr. lee and mr. eicher obviously very well qualified. mr. lee has extensive experience in the city, as does mr. eicher and supervisor wiener spoke very well about it. but from my point of view, it is really simple and a rule we really adhere to, until i think about this time, this appointment on the rules committee, was that when we have qualified san francisco candidates as supervisor wiener mentioned, to grant a residency waiver requirement for someone, it's just something we don't do if we have a san franciscan willing to represent. i know mr. lee has been in district two for a long time and i believe and understand he moved out for personal reasons and i very much respect that. on a very personal level. however, the fact remains he is asking for a residency waiver requirement. what are we seeing -- saying as a board here if we're going to overturp the rules committee,

grant residency waiver requirements over a san franciscan? it's something i cannot do and that's why i continue to support mr. eicher. supervisor campos: thank you very much, mr. president. i have to say that this is one of those matters that has been very difficult to figure out what the right approach is. quite frankly, two individuals that we're talking about are individuals that are extremely qualified and i think that it's important to note that because it's very difficult when you have one spot and you have more than one person who is qualified to be on this commission. i think that we have to also be careful about the way we talk about this and what i would say is for me the question before this board and from the motion

is, you know, whether or not to support a motion that essentially goes after or goes against the appointment of a qualified applicant and, you know, that's the struggle for me. i don't know that i have a basis to vote against a qualified application -- applicant. if the situation was reversed and someone was trying to replace mr. lee, i would have the same concern. i don't know that i have a basis , that i would have a basis to oppose a nomination. that said, on the issue of the residency, even though i will be opposed to this motion, that is not a factor for me in this instance because i do think that as a general rule, even though we want residents from san francisco, from time to time with we do make exceptions and

-- we do make exceptions and i don't think it's necessarily fair to criticize or at least to hold that against mr. lee because i do think that there are very good reasons why he's not able to live in san francisco right now. and i think that out of fairness to him i want to say i don't think that's something that i certainly see as a minus because this is someone who for very valid personal reasons is not living in san francisco right now. but has, you know, a long history of a presence and involvement in the city. so that's not an issue for me. and, again, for me it comes down to the fact that either one of these candidates would do a tremendous job. with respect to mr. eicher, i know that there are some impressive people who are supporting him including our current commissioner and there

are people whose opinions i certainly value. but the same thing can be said of mr. lee. so i think it's a very difficult one and my hope is that we as a board have an opportunity where in the near future we have a chance to have these two individuals serve. i actually think that having them serve at some point together would be a tremendous asset for that commission and for the city. but that's the reason why i will be voting against a motion but it's certainly not an indication of my -- what i think about mr. lee who i think has a great deal that he brings to the table and if the motion prevails and his name comes forward i will be happy to support him at that point as well. so thank you. supervisor avalos: thank you, mr. president chiu. colleagues, one of the most challenging parts of this job is not necessarily voting on legislation but voting on the individuals who come before us. and the commission appointments

are a real challenge that i face in this. i actually met with tim eicher on the request of supervisor wiener and i was very impressed with mr. eicher and i found him a really great person who's done a lot of great work in the castro and owns several businesses, some outside of san francisco asle. he runs castro after dark. i know he comes with strong expertise. but i also had, later, -- i did not make a commitment to mr. eicher because i wanted to look at other commissioners as well. i see that lee's wealth of experience extends for decades and as someone that's been a performer, entertainer and someone who has organized events and done a lot of work like mr. eicher has in fundraising and working with community groups, i felt that his experience was

somewhat superior, especially looking at the entertainment industry as one of the economic engines we have in this city. and that's something that i want to be able to see that we can have good voices on the entertainment commission. i know mr. eicher would help with that too but i felt that steven lee by experience would make him somewhat better. but i find it troubling and difficult to vote against mr. eicher but that's what i would like to do with my vote today. and i really look at the qualifications of individuals for our commissions, that's what's most important. the things that are said by people outside of this body don't necessarily reflect any of the viewpoints of people in this body and i think it's best at times that we can keep those points of view outside of here because it might be -- some of those might be attributed to any one of us. i don't think that's a good way to bring forward some of our discussions on these items. thank you.

supervisor cohen: thank you. colleagues, this is a very difficult decision. you heard many thoughtful responses to the reasons why we should or should not support one over the other. i just wanted to take an opportunity to weigh in because for me, the representative of the district on the southeast part of san francisco, also the physical representation of a minority community here in san francisco, it's important that we have equitable distributions of power when it comes to not just money but commission appointments and it's also important that we have a fair distribution of ethnic -- equal ethnic representation. now, when -- part of my decision to support mr. lee was aided in the fact that he had an outstanding, not only

experience, but understanding of the southeastern neighborhoods, has spent time there. i was concerned that mr. eicher was very castro-focused and, scott, i understand that this is important to you and it hurts me to not be able to support you, but i feel compelled to sit and explain to you my reasons why and things that were important to me. one, as i mentioned, mr. eicher was very focused on the castro and i find that the entertainment commission does a poor job in representing anyone in any neighborhood outside of the center core of the city. and so mr. lee represents that. he also represents an ethnic community which i believe will bring diversity to the entertainment commission. now, i agree with you, at first blush i was uncomfortable with the fact that he did not live in san francisco but upon further review turns out that he lives

several years, i think approximately 30-plus years, and had to move outside of the city for family reasons, to take care of an ailing family member. now, i've become sensitive to the waiving -- to the waiver issue because a lot of african-americans live outside of san francisco and that's also an ethnic minority that is not represented on many of the boards and commissions. and i'm asking you in future days, i will be bringing to you many candidates for consideration, some of which will be needing a waiver, a residency waiver, and i ask for you to consider my request. again, i'm asking to you consider this request as we begin to tackle the challenges of the african-american out migration. and i see these issues not one in the same but similar. so that's it for me and i will be supporting steven today. thank you, colleagues.

supervisor kim: thank you. as many of you know, i did support steven lee at the rules committee last month and he's someone that i've known for a long time. he's a venue owner in district six. and as someone who for the past three decades has lived and worked in san francisco, i actually want to address more the residency waiver issue. i think it's true that in rules committee we give deference to that's that live in san francisco but recognize folks that either have strong connection or history to san francisco or folks that had to move for reasons that they may not have been able to control. i just want to note that in this we recently appointed one member to the medical marijuana task force and two members to the immigrant rights commission, one to the bay area regional interoperable communication system, one to the health authority and one to first five commission that we had to do residency waivers for. so it's not true that we have not been able to do that at rules committee this year.

however, i know that as a committee we have always looked much more favorably at those who are actually san francisco residents. i think that's something that is an important factor, when we look at our commissions and task force. i just think in this case with steven, his 30 years of experience here in san francisco, he recently had to move due to actually family obligations down to the peninsula and i know that he very much wants to come back to san francisco and spend every day here. but just want to address that issue in particular. supervisor elsbernd: thank you, mr. president. back to supervisor kim, i think the list you put forward is misleading. those people that you've listed that we gave residency waivers to, we did not have qualified san franciscans who also applied for those seats. those were the lone applicants. they -- we didn't have anybody else and if we were going to fill the seat we had to grant the residency waiver. it's a complete am -- a complete

misapplication of the facts here. we have a qualified an freanan that would be knocked out. it's not a fair comparison. it's a red herring and i would urge you to set that point aside. supervisor kim: i'm sorry, i don't remember all of the appointments but i do know that for the medical marijuana task force we did have qualified applicants that live in san francisco and we -- and myself included supported the candidate that did not live here in san francisco. president chiu: any further discussion, colleagues? ok. at this time why don't we consider supervisor mar's motion to strike mr. eicher's name and substitute mr. lee's name into this appointment. so this is a vote on the motion to amend. roll call vote. supervisor wiener: no. supervisor avalos: aye. supervisor campos: no.

president chiu: aye. supervisor chu: no. supervisor cohen: yes. supervisor elsbernd: no. supervisor farrell: no. supervisor kim: aye. supervisor mar: aye. supervisor olague: aye. >> there are six ayes and five no's. president chiu: the motion to amend passes and now on the underlying motion as amended. supervisor wiener: thank you, mr. president. thank you, colleagues, for considering my arguments and for considering on mr. eicher's candidacy. but having lost that motion to amend, i will be supporting mr. lee and will be supporting his residency waiver. when i met with mr. lee i told him early on that i was supporting mr. eicher out of support for mr. eicher in believing he was the best candidate. but i do believe that mr. lee is qualified as well. i respect his work in the community and so i will be voting yes on his cands dasy.

-- candidacy. president chiu: any further discussion in if we could take a roll call on the underlying motion as amended. 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: aye. supervisor olague: aye. >> there are 11 ayes. president chiu: the motion is approved as amended. colleagues, it is just about 3:30. i do understand we have one special accommodation. supervisor chu, is your party here? why don't we go to you. supervisor chu: thank you very much, thank you, colleagues, for hearing this accommodation. i'd like to invite michael forward.

and actually megan and anybody else can come and stand behind michael. today i have the great honor to be able to recognize the work of michael funk. i think many of you may know him through his work with youth in our city but in particular for me he's been a real jewel and someone who has made a big impact on sunset district kids. he is the person who founded and is the executive director of the sunset neighborhood beacon center. for 15 years. he's going to be leaving the beacon center and starting a new chapter as a director of the after school division at the california department of education. but just before we talk about that, i know he's going to continue to do great work up there. i just want to talk about how important his impact has been in our neighborhood. not only has he founded that organization that provides services but i just wanted to give you a sense of how many lives he touches. there are about 1,500 youth that are