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. 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,