what are the consequences of this department going into contract amendment without getting approval. i mean, is there any consequence or penalty? how do we monitor that to prevent it from happening again. >> madam chair, members of the committee, supervisor avalos, i don't think there are any consequences. certainly as budget analyst i believe that any increase that requires board of supervisors approval as the city attorney has advised us should go before the board. on this particular item i don't think there is anything that significant. it is a matter that the department has to be careful. i don't think there is a very agregious error in what has taken place. as you can see, we are recommending approval of this legislation with the

correct amounts to be modified. but you're correct in your observation. this should not happen. >> i haven't seen too many -- to often of a model where there are certain stages expected in terms of a contract renewed over and over, like this one has. this is pretty -- >> are you referring to the -- let me -- i know we are talking about next week as well but those are burning questions. >> supervisor avalos, are you referring to the fact that when the contract was first approved on a competitive basis the initial amount was about 600,000. now we are up significantly to $60 million. in this case we agree with the method the department used. it was always stated to the board of supervisors that

after the competitive process they would adopt a plan, a work plan each year for the contractor to do the work. so that is why there's been i think 16 modifications to this particular item. i think that the process the department used is reasonable in this case. >> okay. thank you. >> thank you, supervisors. should we open public comment and kles public comment. colleagues, do we have a motion to continue this a week? we have a motion. we will do that without objection. thank you. item seven, please. >> resolution approving contract number cpt631. planned rehabilitation between city and county of san francisco and complete work to rebuild major systems and components on approximately ab standard diesel buses in amount not to exceed 19,105,885 not to

exceed six years, limited to 12 million. >> thank you. we have a representative. >> briefly on this, this is from supervisor wiener's office . this would allow you to engage work to rehabilitate 80 diesel buses. this contract is reflective of mta's increased focus on maintenance and years of deferred maintenance of their bus fleet. this will help reduce bus breakdowns and increase reliability. supervisor respectfully requests your support. the mta is here. >> thank you very much. the mta. >> good afternoon, supervisors. i'm nelson how from the mta. this project is to rehabilitate 80 buses.

the main purpose is provide reliable buses and extend lives of these buses in order for us to be able to face the procurement of the buses and reduce average age of buses and make them more reliable for service. >> and the dollar value is included in your budget? >> it is -- yes, ma'am. it is $19.1 million. >> okay. why don't we go to the budget analyst report. >> madam chair and members of committee, the capital project budget is $20,690,000, that includes the proposed 19.1 million agreement, as well as a million and 600 thousand for related sfmta costs. the agreement expenditures, as you can see in the resolution, are limited to

$12 million pending certification by controler of 4.1 million in state bond proceeds. we recommend you approve this resolution. >> thank you. if there are no questions from the committee i would like to open this for public comment. any members of the public who wish to speak on item 7? seeing none, closed. colleagues, do we have a motion? we have a motion to send the item forward with recommendation and do that without objection. thank you. item 8, please. >> resolution authorizing san francisco department of public health to submit a one year application for calendar year 2013, to continue to receive funding for comprehensive h.i.v. prevention program grant from centers for disease control and prevention, requesting $9,523,313 in h.i.v. funding from san francisco january 1st 2013

through december 31st, 2013. >> thank you. we have tracy packer from -- >> i'm tracy from h.i.v. prevention. it says good morning but good afternoon. supervisors, thank you. so we are asking for approval for an accept and expend for funding from centers for disease control and prevention. this is the primary funding for h.i.v. prevention, though general fund is becoming more and more important, it is important to acknowledge our funds are decreasing from cdc and last year the mayor's office, with support from the board of supervisors, approved a back fill of funding that's decreasing. while we applied for $9 million, we will probably get about $8 million. little over $8 million for this coming year. we have now included cdc required san mateo and marin to be part of our

division. we will get 7.5 million of funding into san francisco. a bit about it, cdc's priorities are for h.i.v. testing, prevention with positives, con don distribution and policy initiatives. we are focused on testing in community settings as well as medical settings. all of or work is focused on addressing h.i.v. health disparities. an additional new piece is that there's funding in this grant to develop an integrated data system that will bring our data on tb, stds and viral hepatitis together to better serve our communities. couple things. this grant covers some staff. about 3.2 million in staff travel, materials and supplies. the rest over $4 million goes out to our

community-based organizations. >> thank you very much. i believe we do not have a budget analyst report so why don't we open this for public comment. are there members of the public who wish to speak on item number eight? seeing none, public comment is closed. we have a motion to send the item forward with recommendation. we will do that without objection. thank you. do we have any other items before us? >> that completes the agenda. >> thank you, we are adjourned.

>> professor: good afternoon, welcome to the san francisco board of supervisors meeting of tuesday, october 2nd, 2012. madam clerk, could you please call the roll?

>> supervisor avalos? present. supervisor campos? present. is president chiu? present. elsbernd present. farrell absent. kim present. supervisor mar? mar present. supervisor olague? olague present. supervisor wiener? wiener present. mr. president, you have a quorum. >> thank you. colleagues, given the fact our colleague supervisor farrell and his wife just had a baby, kane farrell who clocked in at 9 pounds 8 ounces if we could have a notion to excuse supervisor farrell today. without objection, he shall be excused. ladies and gentlemen, would you please join us in the pledge of allegiance. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands; one nation under god, indivisible, with liberty and justice for all.

>> unless a member would like to discuss an item it shall be severed and considered separately. >> colleaguesv, any items to be severed? roll call on items 1, through 3. >> supervisor olague? olague aye. wiener aye. supervisor average los? avalos? aye. campos aye. chiu aye. supervisor chu aye. supervisor kim aye. supervisor mar aye. there are 10 ayes. >> the item is passed on the first treed and the resolution is adopted.

item 4. >> item 4 is 120898, successor agency to the former redevelopment agency. implementing the state redevelopment dissolution law. >> item 4, supervisor olague. aye. supervisor wiener, aye. supervisor avalos? aye. supervisor campos? no. president chiu? aye. supervisor chu aye. cohen aye. supervisor elsbernd? aye. supervisor kim? aye. supervisor mar? aye. there are 9 ayes and one no. >> the the ordinance is finally passed. item 5. >> item 5, ordinance appropriating $54 3.2 million from the proceed of sale of bonds for cap fail improvement projects to the airport commission for fiscal year 2012 through 2013 and placing appropriation and control is reserved pending the bond sale.

>> roll call vote. >> on item 5, supervisor olague? aye. wiener? aye. supervisor avalos? aye. supervisor campos? aye. president chiu? aye. supervisor chu? aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? kim aye. supervisor mar? aye. there are 10 ayes. >> the item is passed. the ordinance is finally passed. item 6. >> item 6 is an ordinance amending the transportation code to restrict large vehicle parking between the hours of 12:00 a.m. and 6:00 a.m. from the municipal transportation agency signs are posted providing notice. >> roll call is vote. >> on item 6, supervisor olague? no. wiener aye. supervisor avalos? no. supervisor campos? no. president chiu? aye. supervisor chu?

aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? kim no. supervisor mar? aye. there are 6 ayes and four no's. >> the ordinance is finally passed. item 7. >> item 7 is an ordinance amending the police code to subject individuals and entities who own significant numbers of foreclosed properties to increase civil penalties for failing to maintain their properties. >> roll call vote. >> on item 7, supervisor olague? aye. supervisor wiener? aye. supervisor avalos? aye. supervisor campos? aye. president chiu? aye. supervisor chu? aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? aye. supervisor mar? aye.

there are 10 ayes. >> the ordinance is finally passed. item 8. >> item 8 is an ordinance ordering the vacation of easement and approving a sale of 77,000 of the city's interest in easement located at 14 07 0 1435 market street. >> colleagues, can we do this item same house, same call? this ordinance is finally passed. next item. >> item 9 is an ordinance amending the planning code adding a new section to increase the transit impact development fee rates, revise the exemptions and credits, and clarify the implementation and collection. >> supervisor wiener. >> i'd like to move to continue this two weeks to october 16th. >> supervisor wiener has made a motion to continue this item to the 16th of october. seconded by supervisor olague. colleagues, without objection, that shall be the case. item 10. >> item 10 is a resolution approving updated security

provisions for the america's cup lease disposition agreement. >> colleagues, can we do this same house same call? without objection, this resolution is adopted. item 11. >> item 11 is a resolution approving a contract with new flyer america, inc., to purchase 45 low floor diesel hybrid buses in an amount not to exceed appro 36.9 million. ximately>> supervisor wiener. >> thank you, mr. president. this resolution approved the purchase of 45 new buses for muni to replace its very aging fleet and also a number of other vehicles. i think we all know that one of the things at the core of muni's challenges is its aging infrastructure which absolutely has to be upgraded. it's been neglected for too long. this includes vehicles that are at or past their useful life as

well as other infrastructure challenges around tracks and signals and switches, et cetera * . so, this contract will move muni in the right direction by replacing and revamping its vehicles. and, so, colleagues, i respectfully request your support. >> supervisor campos. >> thank you, mr. president. i want to thank supervisor wiener for bringing this item forward. and i'm obviously supportive of muni purchasing these vehicles. i just had a question. i know that in the past when prior vehicles were purchased and it's something that came up in our discussion at the county transportation authority, it wasn't -- there wasn't a robust maintenance plan for those vehicles. i'm wondering if we could hear a little about that issue to make sure as we're making that investment that there is a maintenance plan that is in place to make sure that we take care of this investment.

>> is there a representative from the mta? supervisor wiener? >> through the president, oh, we do have a representative here. i will just note before we get to the mta that in the current budget that we just adopted and the mta adopted for the first time in a long time, mta included a significant increase in its maintenance budget. and that was a positive topic

of conversation at the time. and, so, personally i feel -- i believe that muni is moving in the right direction in terms of maintenance. but i'll turn it over to the mta. >> my name is nelson hou and i'm from san francisco muni. to answer your question, supervisor, yes, there is a maintenance plan. and as supervisor wiener said, we increased the budget in order to be able to meet the maintenance requirements for all our vehicles. >> and if a may, is the maintenance plan specific to these vehicles? >> it's actually for all the vehicles which is trolleys and diesel buses, hybrid buses. >> i'm wondering if maybe -- and i'll be supporting this item, but maybe if you could follow-up, give me a copy of that maintenance plan and especially any reference to these vehicles that were being purchased, i think that would be helpful. >> yes, i will provide it. >> thank you. >> colleagues, can we take this

item same house same call? without objection, this resolution is adopted. next item. >> item 12 is a resolution authorizing a renewal lease agreement which are the communications equipment from american towers at 99 moultrie for use by the department of technology, the department of emergency management, the police department and the municipal transportation agency. >> same house same call? this resolution is adopted. item 13. >> item 13 is an ordinance amending the administrative code to repeal provisions extending the expiration date of the 2003 minority women and local business enterprise ordinance. >> same house same call. this ordinance is passed in the first reading. item 14. >> item 14, determining that the premises to premises transfer of a type 48 on sale general public premises liquor license from 2700 16th street to 398 12th street will serve the public convenience. >> supervisor kim. >> thank you. i just want to acknowledge this item because i know that it has been one that the board, many members of this board of supervisors has been longing over the last year and a half since the eagle first closed last april of 2011. the eagle as many of you know is a long-time lgbt institution in the south of market and has been serving this community for decades and has one known for its fund-raising capacity through the bus, supporting many lgbt and many other nonprofit associations. and it just is a social hub for this neighborhood and for many folks. since it closed last year there

has been a lot of concerns and a lot of different folks who have tried to revive the eagle in western soma to bring this institution back online. and as many of you have heard, this issue has been finally resolved a month ago where there is finally a negotiated deal a graced upon between the existing property owner and the owner, alex and michael who are actually here. alex and mike who are in the audience here today to reopen this site. so, i'm happy that this item has come before us today and will be supporting this item. >> supervisor wiener. >> thank you, mr. president. and i want to second supervisor kim's remarks. this has been a -- it's been a real roller coaster year and a half since the eagle closed out and even before. and i know back to when we did a sit-in at the skylark one

night, there was all sorts of ups and downs during the course of the efforts to keep the eagle alive and to get it reopened once it closed. and i want to thank everyone in the community who has been involved. i want to thank alex and mike for taking this on because it's not an easy task. there is a lot of work that has to be done there. but i am extremely supportive not just of the liquor license transfer, but of making sure we all work together to make the eagle a success. >> supervisor campos. >> thank you very much, mr. president. i do want to thank -- echo the comments of my colleagues, supervisors kim and wiener. and also take the time to thank mike and alex, once again, for the investment that they're making and the commitment they're making to this institution. ultimately the successor

failure of this business will depend largely on the level of involvement by the community. and, so, it is our hope that the entire community -- and it's not just the lgbt community because it is an institution that has welcomed everyone -- will take the time to visit the eagle and do whatever we can to make sure this institution is successful. i think it presents an opportunity to be given a new face, a new chapter, if you will, in the history of the eagle and i'm excited about what will be witnessed. thank you. >> supervisor olague. >> i just want to thank you for your efforts and your sacrifices and your investment in this. it's going to be great. i look forward to the opening celebration and all of us inviting the new archbishop to celebrate with us. how about that? thank you. >> thank you. with that, colleagues, can we take this item same house same

call? without objection, this resolution is adopted. next item. >> item 15 is a resolution determining that the issuance of a type 42 on-sale beer and wine for a public premises bar license, for 937 geary street will serve the public convenience. >> same house same call? this resolution is adopted. item 16. >> item 16, resolution determining that the transfer of a type 48 on sale general public liquor license from 22 37 mason street to 22 powell street will serve the public convenience. >> same house same call? this resolution is adopted.

next item. >> item 17 is an ordinance amending the general plan by adopting the 2012 community safety element update. >> supervisor wiener. >> thank you. this community safety element update required by state law is an important part of our city's general plan. it sets a framework to guide the city's actions in preparing for and responding to and recovering from major disaster. the element establishes policies to protect san francisco from risks associated with natural and human-made disasters, facilitate community resiliency after disaster happens. it includes lessons learned from recent natural disasters including helicopter and the erin burnetttion quake in gentleman pa*e pan. this is the first ip date since 1997 and a close collaboration among numerous agencies. it focuses on seismic hazards, particularly because of the incredible risks to life and property, the result from earthquakes. colleagues, this is a very important step forward for us in making sure we can address the future risks of disaster in the city and i ask for your support.

>> colleagues, can we take this item same house same call? without objection, this ordinance is passed in the first read. item 18. >> item 18 is an ordinance amending the planning code regarding the threshold for application of inclusionary a ffordable housing program. >> colleagues, same house, same call? supervisor kim. >> thank you. i just wanted to say a few words about this legislation before us today. as many of you know, this is legislation that follows the housing trust fund charter amendment which our board put on the ballot for this november of 2012. this legislation was really the conclusion of a very long process to build consensus for support to build more affordable housing here in the city and county of san francisco. as you know, we have already tried a few times, both in 2002 and 2006 to pass a bond to

create to build affordable housing here in the city. both times and unfortunately those measures have failed. and i think through those efforts, many affordable housing advocates have learned that we need to build larger consensus and support to ensure a passage that -- so that we can allocate funding for something that is much needed in the city. through that, through the negotiations and discussions cfundsame fr