supervisor avalos: no new entry fees. but this is not about outside land. >> correct, but it basically says no new leases, correct? it depends on how broadly defined a lease. supervisor avalos: we are defining as leasing a clubhouse. >> i am not sure, and i defer to the city attorney, i am not sure the measure says no new clubhouse leases. by the way, i would not mind spending a minute just to talk about our clubhouses, since that seems to be at the core of it. go ahead, supervisor? supervisor farrell: i have a concern about that, especially in my district. integral to the plans of the event authority and the organizing committee, we have not entered into a lease yet. how would that impact our ability to do that going forward? >> again, that is something we have concerns about as well and it depends on your interpretation of the measure. mike martin is here from the america's cup staff to answer the specific question. supervisor farrell: mike, this is a huge concern for me in particular, but i think everyon>> good afterno

supervisor avalos: i believe we have to make those choices. there are lots of choices we have to make as a body, but i don't think the city has made the right choices when it comes to our parks. i have not shy away from trying to find money from departments that could share that. supervisor elsbernd: i agree, john, you have gone after things. i am just cautious presenting to the voters a measure that, frankly, at this point is incomplete. if you are going to sell the store to the electorate that this type of revenue will be off the table and i want more revenue from the department, i would think a responsible way to sell this to the electorate and give the complete story is this is what that revenue would be for these are things currently funded by the general fund that i would cut and eliminate it to fund parks. because otherwise we are selling the notion of parks for the people, but we're not saying this program is being cut in the health department or the police department or whatever is going to go way to do that or this parcel tax will be

supervisor avalos: thank you very much. next speaker please. >> hello. my name is breadth of turner ofbrent -- my name is brent turner. i'm here to thank the task force for their entire report. i will not pick apart certain parts that i enjoy. i think all in all, it was a well done report. i think supervisor avalos and supervisor elsbernd both recognize me. i have been sort of the canary in the coal mine on this issue and brought it to the attention of the board of supervisors. i also want to thank then supervisor now assemblyperson tom ammiano for taking the lead and putting this into motion. as far as the acquisition question the supervisor avalos -- the acquisition question that supervisor avalos race, i think rather than waiting for los angeles county, what we're looking for, and speak for the community that is national, is that san francisco takes the lead on this. we have the opportunity to move forward, and we did not take that opportunity and went forward with sequoia, but as jody mentioned, the time is now because

supervisor avalos? supervisor avalos: i will read the cards. if he could come up in the order that you are called, or close to it, vince, andrea, mary ann, bennis, meredith thomas, karen sidwell, richard, george, suzanne, catherine howard. >> thank you, supervisors. with the birthday cake, and hats, they are great. i was angry when i first came in. i feel a little bit better. you know who i am, i am vince with the labor organization. we represent 3000 men and women. we are a very diverse group, a good cross-section of san francisco. some of the lowest paid workers, but very active and engaged with our people. it is an honor to be here speaking for them. it seems like we have had this vote twice already over the past year and now we are into a third time. what bothers us most about this, why is this on the ballot? we have our suspicions because we are friends with john avalos and we think we have a lot of the same progressive values. one of those is the value of sunshine, and i used to serve on the sunshine ordinance, and it means a lot to me be

supervisor avalos: thank you. >> ♪ city hall helped me make this call see this cellphone i have is faded and dangerous and if you could buy would thank you for your time thank you and you can keep the dime is that not the way the item goes let's forget about all of the dangers and if you can help me to make this city hall called destruction is dangerous and i will thank you city hall for your time and you have been so much more than kind. ♪ supervisor avalos>> good mornin. that is a tough follow-up. my name is sammy [unintelligible] and i work for a company where we have 15 verizon wireless stores around the bay area, including one in san francisco. i would urge you to vote on this ordinance. it will become a burden on our business telling you what you need to do. if we had to do that for every single product, it would get to the point of being ridiculous. as everyone knows, the economy right now it is not the easiest environment. baste with hiring people, we really want to run a successful business here in san fr

supervisor avalos: thank you. next speaker please. i will call a few more names. [reading names] >> i am a recent graduate of the university of san francisco. i studied media studies and journalism. what started to realize when i started to look at this issue is that i am just getting started compared to most people in this room. i spoke and professors at stanford, berkeley, ucla, usc -- all specialists within neurology, and while all of them might not agree that cell phones caused cancer, every one of them has agreed that precaution needs to be paid. there is a lot that can be done in terms of our government was -- laws, things we can do. at least 1 people, especially children. i spoke with a 10-year-old girl the other day about her first cell phone a week ago, and it was amazing that she knew more facts about ways that she can keep state then nancy pelosi who are spoke with last week. she new ways she could shut off her phone in her pocket. she knew to use speakerphone. when i spoke with the environme

supervisor avalos: thank you. next speaker, please. >> i run off the grid in san francisco. i hope you reconsider the third party permiting for vendors and parks. off the grid was started a year ago. we employ 12 people. we work with over 50 mobile food restaurants that each employee anywhere from four to 10 people. we contribute over $60,000 to the parks department. we are a for-profit business. we are a new business. san francisco is about encouraging innovation and helping entrepreneurs work hard. thank you for your consideration. i have a permit. supervisor avalos: this is not about your permit being taken away. >> in the future for similar uses. it would affect us if we were to do a food pot. -- pod. supervisor elsbernd: the intent is that permits do not apply, but dealing with does not reflect that. >> the ordinance states the department has spent millions of dollars to refurbish parks only to have them closed and leased to private entities. as someone who has tried to watch facilities be renovated, go to ye

supervisor avalos: thank you very much. next speaker please. >> my name is lloyd morgan. i am the senior research fellow with environmental trend -- fund trust in its campaign for safer cell phones. this ordinance goes to the very heart of democracy, and that is the right of citizens to know the cell phones event micro -- in the micro radiation, which is a class 2b carcinogen. the cell phone industry has challenged our right to know in federal court. i would urge this committee to uphold the right to know, and i would also urge supervisor elsbernd to recuse himself from the vote in order that the $5,000 at&t donation to his designated charity is not seen as a quid pro quo. thank you very much. supervisor avalos: next speaker please. >> i want to thank the department of the environment and the city attorneys for your efforts to save this necessary legislation. you are helping raise awareness not only in san francisco. states from pennsylvania to oregon and other countries from iran to israel are issuing warnings to their cit

supervisor avalos: thank you. next speaker, please. >> i on a business called in these hot dogs. -- called annie's hotdogs. the parks department has been wonderful to work with. because of the contract i have gotten, i have been able to hire 15 new employees and expand my business. we have a total of 26 employees. i work with my son. i think the people that run the parks do a really good job, and the general public, although they have all these concerns, should not be involved in these decisions. that is my personal opinion. i think you hire people to do a job and they should be allowed to do their job. i have been in business in san francisco for 30 years. i started off at the port of san francisco. everybody at the port of san francisco was wonderful to work with. everybody i work with at the park is great to work with. they are very diligent about sign ainge and making sure you do things a certain way. i think this ordinance is not necessary at all, and i think it needs to be rewritten so you are not costly han

supervisor avalos: good morning. welcome to the city operations and neighborhood services committee. i am the chair of the committee. i am joined to my left by supervisor elsbernd, and we will be joined shortly by supervisor mar. madam clerk, do we have any announcements? >> yes, all persons attending this meeting are requested to turn off cell phones and pagers. if you wish to submit copies of materials to members of the committee, please submit an extra copy for the file. if you wish to submit a speaker card, please put it by the container in front of you at the real to your left. items recommended today will go before the full board of supervisors tuesday of next week, july 19, unless another date is indicated. supervisor avalos: thank you. please call item 1. >> item 1, hearing to consider the transfer of a tight 21 off- sale general license from 511 crescent street to 2801 jones street for walgreen company doing business as well greenes, will serve the convenience of the people of the city and county of san fran

supervisor avalos: thank you, madam clerk. today, i have -- we have before us amendments to our right to no ordinance that was passed last year. last year, the order is required that at the point of sale for each cell phone that would be sold in stores in san francisco, it would provide information on the specific absorption rate as well as information to consumers about potential health risks for each phone. we passed that, and we actually have changes to how radio frequency emissions are assessed, and we want to make sure that this legislation actually meets the current changes, so the amendment today here is to provide a broader way of looking at how we will do labeling of cell phones at our stores in san francisco. rather than look at each specific phone, we were going to have a general display of posters that would be at the point of sale, not her phone, but just around where the phones will be displayed. we have the director of the department of environment here to go over the legislation for us, and to provide backgroun

supervisor avalos: ok, very good, thank you. just a question about the sequoia contract which is now the dominion contract -- is that correct? when was the acquisition? did that happen? >> that happened, i believe, about a year to a year-and-a- half ago. according to the department of elections, they adopted dominion -- that is one of the footnotes of our report. the doe has indicated they intend to extend the contract through 2013. that was the option as part of the original process -- the original rfp process. supervisor avalos: has the department of elections noticed any difference from sequoia to dominion? is it exactly the same standards? >> not to my knowledge. >> the service has not changed? >> to my knowledge, there has been no change. supervisor avalos: thank you very much for your work on this issue. i am very interested in the subject, and i believe supervisor campos may be as well, so that is something we can discuss amongst ourselves looking at how to proceed with recommendations and what we can do with the city to

supervisor avalos: good morning. welcome to the city operations and neighborhood services committee. my name is supervisor john avalos, the chair of the committee. joined to my right by supervisor eric mar, to my left, sean elsbernd. madam court, please share with us your announcements -- clerk, please share with us your announcements. >> if you wish to submit a copy of your presentation to the committee, please submit a copy. >> please call item one. >> item 1. resolution authorizing the office of treasurer-tax collector to accept and expend a grant in the amount of $240,000 from the earned assets resource network for kindergarten to college program participant incentive funds. supervisor avalos: great. >> good morning. i am with the treasurer-tax office. this is an accept and expend for the initial pilot years of the program. one of them is the dollar per dollar match funds up to $100, for a famine that saves up to $100. we will provide a dollar match for that. the second is the $100 saved steady incentive. when a

supervisor avalos: ? i believe the conditional use ordinance that is governing how are facilities are sited should be tried. if we were to do the settlement, that creating a precedent, that ordnance made ineffective, and in the future, there will be a process that will be created through the process of the settlement. i think we will not provide the intent that was governing how we would decide our facilities, so i will be voting no. president chiu: supervisor campos? supervisor campos: i understand why this was put forward and can see the reasons behind it. i do worry about the precedent that the sec, and for those reasons, i will be voting against it -- why i do worry about the precedent that this sets. president chiu: why do we not take a roll call? clerk calvillo: supervisor chu, supervisor cohen, supervisor kim, supervisor mirkarimi, supervisor wiener, supervisor avalos, supervisor chiu. president chiu: this item passes. item number 35. clerk calvillo: item 35, the settlement of a lawsuit with arash

supervisor avalos: thank you. is there anyone from the public that would like to comment on this item? seeing none, public comment is closed. motion moved forward without recommendation. voted to the full board with recommendation. please call item two. >> this will also go as a committee report. item 2. resolution authorizing the port of san francisco to accept and expend a grant in the amount of $7,783,556 from the department of homeland security, 2009 port security grant program fund, for the pier 27 cruise ship terminal security system at the port of san francisco. >> good morning, mr. chairman. director of homeland security at the port of san francisco. i come to request approval of an accept and expend of $7,783,556 to install and maintain the infrastructure. supervisor avalos: thank you. public comment. >> good morning. my name is douglas yepp. i would like to speak in favor of this item. i know this may bother some people but in my discussions, it seems san francisco has been overlooked as a target for ter

supervisor avalos: thank you. i have a few more cards to read. jude lang, nancy wuerful, todd david, michelle parker, elias moussa, julie christiansen. >> i am jude lang. i am not supporting this ballot measure. i agreed with many of the think the gentleman from the chamber said. also, i think it might discourage creative new activities to become part of our parks scene. these are tough economic times. i see these as being road blocks. i hope you will pull it off the ballot. supervisor avalos: next speaker, please come forward. >> good afternoon. my name is julie christensen. i have been volunteering for 16 years. i am on my fourth part project. i oppose this ordinance. i regret the way it was introduced and the way it will be implemented. i regret the fact that it makes the general manager out to be some sort of mad king sifting through doubloons as he closes clubhouses. it is important to remember how we got into the situation. past mayors and your predecessors have sy continued to drastically reduce the funding available for the recreation and

supervisor avalos: thank you. please call item 1. >> item 1, hearing to consider the transfer of a tight 21 off- sale general license from 511 crescent street to 2801 jones street for walgreen company doing business as well greenes, will serve the convenience of the people of the city and county of san francisco -- doing business as walgreen's. supervisor avalos: thank you. this item has somewhat of an interesting history to it. please. >> good morning. inspector falzon, san francisco police department. what is before us is an application. there is a typo in my report. though the description is correct. my report inadvertently said a tight -- type 42, but they are applying for type 21. there is a little bit of it back story to this application. early on, when walgreen's started looking at getting liberalizes is again, they early on met with the police department and started meeting with community groups and the mayor's office. one of the strategies they agreed to deploy was to try to purchase when available and wh

supervisor chiu: supervisor avalos. supervisor avalos: this conversation reminds me somewhat of the botanical garden fee. this is a contract we have had before. it came before the previous board of supervisors as well. it seems to me that if we open the door for this to happen, even if it is for a pilot program, we open the door for it to happen permanently. i think all of us feel somewhat squeamish about this contract going forward. i think if we open the door now, i see having this measure or this type of bus wrap around for the long term, forever. it is not that we are wrapping the buses. we are wrapping the buses with the people inside. i think the experience you have is vastly different, and i just cannot support it. i do feel really pained about it, knowing just what the mta is facing in terms of revenue, but i just cannot bring myself to vote for this. supervisor chiu: further discussion, colleagues? why don't we take a roll-call vote on the resolution as amended? supervisor chu: aye. supervisor cohen: aye. super

supervisor avalos: thank you. much like supervisor campos, i want to echo my thanks to the department of the environment and lafco and the mayor's office, and recology as well. i will be voting also against the land fill agreement and the facilitation agreement, the amended version between d.o.e. and recology. much for the same reasons, i believe our process for selecting this land fill agreement has not been as thorough as it needed to be. we also need to look overall at what our system for garbage is in san francisco. i do not think it reflects where many jurisdictions are in the bay area, and most likely in the country, in how we create our garbage functions and garbage utilities functions. i think we need to be going to a new direction for that at some point. we are reliant on, i would say, an outdated process that was established back in 1932, which i think in practice provides a way of doing things for our garbage functions but not the best way to do it. are there other ways we can reconfigure how we select

commissioner campos: commissioner abel of spirited commissioner avalos: i am -- commissioner avalos. commissioner avalos: i want to support the appointment of this west. -- ms. west. she has been an active member and all sorts of issues, including public transit, including the use of our parks and facilities. i would want to bring her back onto the citizens advisory committee. i know in the last year she has undergone some help issues that prevented her from attending, but those same to have cleared up, and i want to allow her to continue on the cac. commissioner campos: thank you. i do not think we have any other questions from the committee. thank you for being here and for your interest in continuing to serve. is there any other applicant who is here who would like to address the committee? i do not see any others. why don't we open this up to public comment. is there anyone from the public that would like to comment on this item? seeing none, public comment is closed. colleagues, this is an action item. if we could get a motion -- motion by commissioner avalos 2 reappointee rosie

supervisor avalos, aye. supervisor campos, aye. there are 11 ayes. >> president chiu: item 29. >> the resolution approving the feeder agreement for -- between the city and county of san francisco and the bay area rapid transit district for payment of transferred tips. >> i would like to ask someone from the mta to come forward. i have a number of questions about the disagreement. i thank you for being here. i understand the importance of trying to get this agreement done. this is the concern i have. at some point the agreement that was in place between bart and the mta took into account the number of trips taken in the system and use that for the basis of reimbursement that the mta received. from a public policy standpoint, it makes sense you would have the nexus. at some point that was no longer the basis for the agreement. i'm trying to understand why we are going into an agreement that does not rely on that nexus because connecting the amount that is reimbursed to the mta to the number of trips that are t

commissioner avalos? commissioner avalos: actually, i would like to postpone reappointment for one month and then look at other options. commissioner campos: ok. why don't we just move forward with respect to ms. sachs. if we could get a motion -- motion by carmen chu. seconded by david chiu. without objection. thank you. please call the next item. again, thank you, ms. sachs. >> item 5. recommend approval of the fiscal year 2011/2012 transportation fund for clean air program of projects. this is an action item. >> good morning committee members. i will be presenting the fiscal year 11-12 programs and projects. i will start with a brief overview of the tsa process and our fiscal or 12 process and get into recommendations including some short descriptions of the progress we are recommended for funding and those that we are not recommended for funding. i can take questions on the project or process at any time. we have many representatives from agencies who can answer any questions that you might have in mi

. >> avalos present. campos present. chiu present. chu present. cohen present. elsbernd present. farrell present. kim present. mar present. mirkarimi present. wiener present. mr. president, all members are present. supervisor chiu: thank you. ladies and gentlemen, could you please join me in the pledge of allegiance? madam clerk, are there any communications? >> i have no communications. supervisor chiu: if you could read the consent agenda, items one through 30. >> these items will be acted upon by a single roll call vote unless a member requests discussion of and matter. it shall be removed and considered separately. supervisor chiu: would anyone like to sever any items? roll-call vote please. >> on items one through 30, mar aye. aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. farrell aye. kim aye. there are 11 ayes. supervisor chiu: those ordinances are passed. items 31 through 33. >> item 31 is a motion affirming the determination by the planning department at the at&t network like speed upgrade project is exempt from environmental review. item 32 is