avalos? >> -- avalos at last we have the alcohol recovery cost ridge slation before us. it has been a year in the making. this has been bracketed by two major discussions here at the board of supervisors. one is our budget and how we are going to be able to continue upholding and carrying out the services of the city and county of san francisco, and the other is our sit and lie issue. that is talked about a lot about who is on our side walks and what the city is doing about the people who habit wall-e and frequently enter the public health system. this is a response and action we can take as a board to address the needs of our neighborhoods and communities and the people who are suffering from alcoholism in our city. i recently had a conversation with a doctor at san francisco general hospital who deals frequently with people who are presenting severe alcoholism at the hospital. he chooses to call people by their names. i think it is really worthy of the board as well to look at the individuals who are caught in the cyclical nature of alcoholism, who are homeless, and wh

avalos. >> avalos present. >> campos? >> present. >> president chiu? >> present. supervisor chu? >> supervisor daly. defense dufty. supervisor elsbernd. >> supervisor mirkarimi. mr. president all members are president. supervisor chiu: thank you. ladies and gentlemen, could you please join me in the pledge of allegiance? >> i pledge allegiance to the united states of america, to the republic for which is stands, one nation under god for liberty and justice for all. supervisor chiu: colleagues, we have a lot of meeting minutes to approve from july 13th, 20th, 27th, august 3rd and the 10th and then from the special meetings of the budget and finance committee of july 1 and july 9. can i have a motion to approve? >> motion by supervisor maxwell, seconded by supervisor mirkarimi. minutes are approved. >> i have no communications, mr. president. supervisor chiu: call consent agenda, items one through 12. >> these items require a single role call vote >> colleagues, would anyone like to receiver any items from the consent agenda? supervisor mar? supervisor mar: item number three. supervisor chiu: any other items? if we could take a role call vote on items 1 had-through except for item 3? >> there are 11 ayes. supervisor chiu: those resolutions adopted, ordinances passed and aprood. item three? >> it is a resolution authorizing a lease and license at dr. carlton b. goodlett place. supervisor chiu: supervisor mar? supervisor mar: thank you. in light of new information some of us have received, i would like to move to refer this back to committee for a full and fair consideration of the corrector that has run the cafe for years in the basement of the city hall area. supervisor chiu: supervisor daly? supervisor daly: i will second that motion. more so than the new information, like most of us here, i patronize downs. i patronize over at the court building as well. we have relationships. i think this is really a bitter tasting situation that we have right now, and i would like to see us somehow work through the issue of someone that has been serving this city, a disadvantaged business enterprise that has been serving the city family here for a number of years, and just the situation that has soured. i -- we can't fix everything, but hopefully we can make it not so bitter. i would second this and refer it back to committee. supervisor chiu: colleagues, any further discussion? supervisor elsbernd? supervisor elsbernd: i are reluctantly -- would reluctant ly speak against the motion. we vetted the process absolutely. the information that we all received just a few hours ago, with all due respect to the information, does not change any of the underlying facts. there is no challenge to the point system. there is no challenge to who won. you know, the letter completely ignores the fact that unfortunately it finished last. it was as if it was second place, third place. they finished last. we have gone with the appropriate bidder. i think sending it back is actually a violation of our process. maybe not legally, but it distorts the process. this has gone through the proper process. i think we should allow that process to work. i agree with supervisor daly that we need to find a way to mend the fences, and there are ways to do that without sending this back to committee, without stopping this process. that can be done. i don't think we need to stir this up any further than it has already been stirred. this has been vetted appropriately. there is no challenge to that process. we should let this stand. supervisor chiu: colleagues, any further discussion? supervisor daly? supervisor daly: just that it is through the president, supervisor elsbernd, if there was a concrete proposal to move forward while dealing with some of the bitter taste on this, i would be open to hearing that, but i haven't heard that at all. if there is an alternate proposal, i am interested in hearing it. if not, i will support the item going back to committee. supervisor chiu: supervisor campos? supervisor campos: just a quick question to the chair. i'm just wondering if there are any comments or thoughts from any of the other members of the budget committee that heard the item? supervisor chiu: supervisor avalos? supervisor avalos: i would back up the comments of supervisor elsbernd in terms of the bid that was made and the r.p. that went out. the process for it i think was sound. we made our decision on the contract based on a process that was sound. there was a discussion, some questions about the current operator of the keef -- the cafe. she felt she had put in capital to the cafe and was not getting proper reimbursement from the city. that was a question raised in committee. the response from mr. john updike was there is, but it is minimal. i think there is a concern that that is not enough. i looked at the contract, and my staff look at the contract. there didn't seem to be any language in the contract that talked about any recome pens for capital that was clearly stated. i felt like the process was sound for us to move it forward, and that's how i did my vote. i on other matters could entertain looking at this next week here, but not sending it back to committee. supervisor chiu: superv

avalos? supervisor avalos: avalos: justa question if there are any of the applicants who are also considered part of this pool? >> not to my knowledge. >> [inaudible] commissioner campos: you want to come up, sir? please restate your name. >> my name is [inaudible] and a lot of my clients work in the tenderloin, so in a sense i can speak for their interests. commissioner chu: thank you. it sounds like there is one individual, rachel leonard, who would meet criteria. she is affiliated with an organization involved with issues of transportation. that might be an individual we could put forward, and then i would be open to what my colleagues would say, with a little more time to see somebody from the area. commissioner campos: thank you. please come forward. >> thank you. i work at the market and take the bus downtown. commissioner campos: thank you very much. colleagues, we have the choice of proceeding to fill one or two seats or waiting to do more outreach. is there any preference? commissioner chu. commissioner chu: i would prefer to fill our seats as much as we can. leonard would be a good

avalos avalos? supervisor avalos: thank you president. this is all about the expense side. it is all about recovering the costs on the expense side. by measuring what the expense is with our nexus study and applying that fee to the cost of the city. it is all about the expense side. this mesh before us is not about anything else other than just doing that. we have had a whole bug process that lasted months looking at how we can effectively close out our deficit by a combination of things, including for the most part cuts of city services, layoffs, people who are retiring, not getting hired back, give-backs of labor. so there is a significant amount of work that is being done on the expense side of government. this is just one related item that is related to the expense item that we are trying to get cost recovery for. i hope that we can have a majority vote to support this measure. i do believe that when we are providing services that help people to get off the streets, get people into treatment, that has a benefit for the general population of san francisco. how much do we

avalos: supervisor avalos: in terms of the original amount, now we are projecting and the declining? correct? >> no, the final approved budget by the board of supervisors included the $1,038,000 payment. supervisor avalos: budgets that have been improved from previous years, we did not hit that mark? >> no. if the budget includes the payment, the department makes the payment. supervisor avalos: coming back to approve again the ordinance? >> correct. supervisor avalos: ok, thank you. colleagues, this item is before us. supervisor maxwell? [laughter] -- supervisor maxwell: the city has put a lot of money, over $20 million, into this golf course. no one is giving the city favors. we put a lot of money into this golf course and it is paying off. i appreciate the fact that it is paying off and that people see it as a valuable asset. that is exactly what we started off doing. and that what -- that is what has come about. it's not like we have been given something, we have worked hard for this. it will pay off in different ways. i am supporting the contract. supervisor avalos: ok, thank you. colleagues, the item is before us. any amendments from the budget analysts? no? let's move forward with recommendations

avalos: public comment on item number four? we will close public comment. thank you for your presentation. supervisor mirkarimi: motion to approve. >chairperson avalos: without objection, to the full board with recommendation. >> item 5, resolution authorizing the san francisco department of public health to accept a grant from the california office of traffic safety in the amount of $200,000 to fund the san francisco pedestrian safety project for october 1, 2010 through september 30, 2011. >> i work with the department of public health. this is from the office of traffic safety to help develop a city-wide pedestrian network, which will help us prioritize spending on infrastructure projects in the city regarding pedestrian safety. this is a collaborative grant with the planning department and the mta. chairperson avalos: very good. we can open this one up for public comment as well, for item number five. we will close public comment. supervisor mirkarimi: motion to approve. chairperson avalos: we will take that without objection. please call item six. >> resolution authorizing the sheriff's department to enter into a third amendment to the agreement between the city and county of san francisco and a remark -- and aramark correctional services to increase the contract from $24 million to an amount not to exceed $30.50 million and to extend the contract term to june 30, 2010. >> i am from the sheriff's department. we are requesting approval on the extension of our contract. we have renegotiated with our provider, achieving some significant savings. we are asking for a two-year extension on the food service contract. chairperson avalos: mr. rose, please share with us the report from your office. >> mr. chairman and members of the committee, as shown in table 5 -- this is on page 6 of our report -- depen

avalos: thank you very much. >> good afternoon. i am a substance abuse counselor, and i would like to commend supervisor avalos for doing this. it is needed in san francisco and will recover costs, and if you go by the impacts to become its web a neutral effect on the economy. thank you, supervisor avalos. chair avalos: thank you. are there any other members of the public who would like to comment? seeing none, we will close public comment. i do want to thank people on both and all sides who have spoken here today. for your comments, and this is not being rushed forward to a vote next tuesday. as i said earlier today, we will be voting on this out of committee on monday, and the full board will be voting on it on november 7. there is one month of time between, and that timeline is still one that seeks to have this legislation enacted. before november 2. -- passed by the voters of california. so this legislation today will be forwarded to another committee meeting on monday at 11:00. and, madam clerk, can we put a motion to get there? supervisor elsbernd. and, madam clerk, that is the last item we have on the agenda, so we are adjourned. thank you for your support. >> in this fabulously beautiful persidio national park and near golden gate and running like a scar is this ugly highway. t

avalos: every school has a library as well, hookups for computer technology. it seems like the librarians and the schools could find a good place for those as well? >> yes. supervisor avalos: great. supervisor chu: are there any members of the public that wish to speak on item number one? >> good morning. my name is douglas shepard and i have lived in san francisco for 15 years. i would like to speak in support of this. i think it is something that is noteworthy and i would like to make a suggestion that four students who are kind of close to dropping out of school, i think that this sort of program should be offered in writing to the parents of students and that the school should get a written reply as to whether that student is going to accept the help or reject it. something like this, rather than simply being suggested, should be done in writing in order to basically make the student and parents aware that they need to use the process. i would also like to pose two questions to the department public library. the first is if they have ever investigated allegations made by a public comment her that comes up to make presentations on video regarding friends of the library. i have always wondered if these allegations are true or false and i think that they should be publicly taking care of. i would also like to pose a question to the public library about whether they have adequate safeguards against child pornography. since there has been so much publicity about the front -- planning department passing pornography, i would like to make sure that the public library has adequate protection for children against child pornography, especially as there was a police department investigation into alleged child for being viewed at the san francisco general hospital. thank you. supervisor chu: thank you. are there any other members of the public? seeing no one, public comment disclosed. we can move this item forward with recommendations. >> item #one will be recommended to the board of supervisors on august 23. supervisor chu: item number two, please. >> item #2 ordinance authorizing the department of the environment to expend a grant in the amount of $74,500 from the california department of toxic substances control to coordinate the green business tracking and measurement tool and amending ordinance no. 183-09 to reflect the addition of one (1) grant funded position at the department of the environment. supervisor chu: thank you. >> good morning, supervisors. mark west, department of the environment. the city operates a mottled green business program with the department of toxic substance control. shared with other cities that have business programs. supervisor chu: thank you. i know that there are a couple of amendments to the legislation. can you explain it briefly? >> we are asking that 2009- 2010, 2011, and on page three, line 11, we are asking that the grant fund reflect 0.50. going into the new fiscal year. the position is a grant funded position. the balance of the funding will be coming from an epa grant. supervisor chu: to clarify, the position is for one year's work for the upcoming fiscal year, half of an fte >> correct. supervisor chu: let's go to public comment. any members of the public debt would wish to speak on item number two. seeing no one, public comment is closed. colleagues, the changes are on the first page, on the title, we want to change the fiscal year to read 2010-2011. on page three, line one, the fiscal year 2009-2010 should also read 2010 through 2011. page three, line 11, it should reflect 0.5. correct? >> correct. >> will be ordinanceo. change also? supervisor chu: i do not believe so. the file number? >> yes. i am not sure if there is a new ordinance no. 42010-2011? supervisor chu: i do not believe i have received changes to that number. supervisor avalosit should work from one year to the next. supervisor chu: there is a motion to make those amendments without objection. i believe that these changes are not substantive, so the city attorney could move forward today? >> correct. supervisor chu: we have a motion to move forward on the amended version. are there any other items today? >> item #two will be recommended to the april 13, 2010 meeting. supervisor chu: thank you. we are adjourned. supervisor chu: good morning. welcome to the regular meeting of the city operations and neighborhood services committee. i'm joined by supervisors avalos and dufty. are there any announcements, victor? >> yes, please turn off all cell phones and pagers. if you wish to speak during public comment, please fill out a speaker card and turn them in to myself. if you are presenting documents, please provide a copy to the clerk for inclusion in the file. items acted upon today will appear before the board of supervisors again on september 7, 2010, unless ot

avalos. supervisor avalos: i have something for supervisor campos. i wanted to get a diet coke for him, but i heard supervisor elsbernd was getting one for him. for me, the sound of a diet coke can opening is the sound of supervisor campos. instead, because you do such a great job looking at our city contracts, i wanted to give you a special guarantee that every contract that will come before the board of supervisors will be the best deal possible. high-value, low-cost, the most bang for our buck. no special waivers nor back room deals, multiple bidders, able to pass litmus tests, smell test, and lie-detector tests. [laughter] node jilted suitors, nor buried bodies. the finest selection process procedures, innovative programs, stand up projects come the best equipment, most efficient procedures, the most principled investors. it has also got a backing by harvey rose. the harvey rose pledge. if for any reason and the contract comes without any defense preparation for negotiation, the budget analyst will personally eat it would catch up. i could not get the mayor to sign it. it has also got some fine print here, which i'm going to try to read to you. it says nothing in this certification will impair the ability of any member of the board of supervisors from applying the highest level of scrutiny to assess the veracity of this guarantee. [applause] >> in place of supervisor mirkarimi, we have his aide, jeremy. >> jeremy pollack from supervisor mirkarimi's office. he regrets that he could not be here. he wrote me from venezuela, and he has enjoyed working with you on lafco, and he invites you down there to set up a satellite office to deal with their pollution problems. in addition to promoting clean energy, he has admired the way you jump into medical care in this policy and the way you advance that, so we have an idea we would like to share with you. [applause] it is a little complicated. a legislative idea we hope you would run with. a solar powered cannabis cultivation facility. [applause] we need to get the wind blowing in here to get it working. but it was something we hope you could put forward into legislation. [applause] >> thank you. now, for supervisor campos. supervisor campos: i think this is a great idea, and i think it is specially made for district 7. i do not know about you. [laughter] i want to thank my colleagues for their graciousness and my staff'. i'm going to kill you for doing this, but seriously, thank you very much, and it truly is an honor for me to serve on this body, but i have learned so much and have a lot more to learn, and it is greatly appreciated. it is a privilege to work with people of this caliber and commitment and dedication, so thank you to my colleagues. thank you to everyone who works here. thank you to the mayor as well for his well wishes, and thank you very much. [applause] >> thank you, supervisor campos. supervisor avalosve an in memoriam for kathleen cecil. she was an english teacher at mission high school who died after suffering a brain aneurysm on the first day of school. she taught at mission high for 12 years and is fondly remembered by students for her biting sarcasm, brutal honesty, dedication to her students, and her cecilisms, such as, "so should i write the referral, or should you write the referral?" she was a collector of hundreds of books and was working on her first book when she passed away. friends and family hope to eventually compile and publish the book. outside of the classroom, she focused on many civil rights issues. she was a member of teachers for social justice and supported smaller glasses. she also sat on the executive board of united educators of san francisco. she is survived by her husband of 29 years and sons. teachers at mission high school have created a memorial scholarship in her honor, and donations can be sent to mission high school -- 3750 18th st., san francisco,

avalos? supervisor avalos: thank you for bringing this forward. i want to acknowledge the public comment today, especially those of you who live with tremendous pain about your family members on a daily basis or not been able to see them again. my family has similar pain that my closest family members live with of that sort. i have some reservations about this resolution and laura's law, whether it is something we really need to have here in san francisco. i look at the system of mental health services we have in san francisco

avalos. supervisor avalos: just a follow-up question and thank you for your presentation. you talked about these are companies that we have been working with, but you have just really formed, so in what capacity has power choice actually been an entity collaborating with these organizations? it seems like these organizations are collaborating with one another, but in terms of a new company or a new structure, that's a brand-new thing, correct? >> that's a very good question. i should clarify. the principals of power choice have long-standing working relationships with the companies. supervisor avalos: then i guess the question to me that i have is if you could talk, explain a little bit about your structure, how these companies will be working together under the structure of power choice, what is -- if you can describe to us that, would be great. >> sure. so part of the answer will be subject to the negotiation and the ultimate contract which will define how we'll use our subcontractors, but i'll start with task one in energy procurement so we have a long-standing relationship with the nationally recognized leader in agent procurement of energy, so that is power marketing and that's a relationship that kent brings from over the last five years in serving perpa. we currently have that working relationship. we were actually luckily enough to get a couple of executives from that company to join us here today. they're vested into our planning to serve the needs of the city and county of san francisco because of our working experience with the power marketing and other renewable develo

avalos. supervisor avalos: i will wait until after public comment. supervisor chiu: let me open up to public comment, to any members that wish to speak to the issue. >> good afternoon, supervisors. i am share of the city hall preservation advisory commission. some people from the board of supervisors, architects worked diligently on finding the solution for accessibility. the major problem we kept running into is city hall is part of civic center. we are a national historic landmark. the wood in the chamber is manchurian boat, and it is all that the law has left -- the what in the chamber is manchurian oak. we tried to come up with solutions about how the stairs could be lowered, how they could be removed, and the one that we, after exhausting many hours of time, effort, and energy -- we found that the last option that we selected would be the most expedient and least costly and disruptive to the chamber, so we are asking that you approve the certificate of accessibility that we have come up with, and that the certificate of appropriateness is approved. so that we can get on with the work at hand. thank you. supervisor chiu: thank you. other members of the public wish to speak on this item, if you could please step up to the podium. >> hello, supervisors. associate director at the independent living resource center san francisco. i was thinking yesterday when i was on the bus about what i wanted to say to you today, and this old woman got on the bus after me, struggling, carrying a lot of bags. she said, "you are so brave. i would hate to have your life." i could not help but smile at myself because i realized that the irony is that this woman and i shared something -- we both live in a society that values our contributions in a very limited sense. i urge you to vote and pass the certificate of appropriateness. the message you are sending to people with disabilities is a strong one. i understand, supervisor daly, why you feel frustrated. i feel frustrated, too. i feel frustrated that yet another newspaper article is going to be printed about how we cannot make our board of supervisors chamber accessible again. our laws on the phone before i got here with the ceo of the american association with disabilities, and i told him what i was here to speak about today, and he said, "you guys have not gotten it right yet?" supervisor alioto-pier, with all due respect, and i have a lot of respect for you, this is not about you. it is about the future. it is about our children. it is about those who come after us. if you make this chamber fully accessible, and that includes the podium -- political hierarchy has been around forever. what you are saying to the future is the only thing to stand between you and the height of your achievement is your ability to work hard and dreamed big. thank you very much. [applause] supervisor chiu: next speaker please. >> as you know, and i am physically challenged. i was program director for ada. what we have here is a situation in this historic building about accommodation, and if you value without any bias to statements made by some of the supervisors, you will see [inaudible] is accessible. for you, who think you are an expert at ada, looking at this date, it is not ada-accessible. i would have to make it wide so that two wheelchair's could go in. if i try to consider that, then this desk would have to move backwards. so let's not blow this out of proportion, okay? let's not blow it out of proportion. because there are a few people who basing they are doing the right thing, who may think that speaking on behalf of all the physically challenged -- and i pay attention to all our deliberations, and you have not. you are not a commission, but as a body, you do serve the constituents who are disabled, especially the elderly. i appreciate that, and you should not give any cause to the press and to those who really do not understand about ada issues to have a debate that does not take us to a better place. thank you very much. supervisor chiu: are there any others members of the public that wish to speak on this item? seeing none, public comment is closed. colleagues, unless there are any other questions to staff -- yes, supervisor alioto-pier? supervisor alioto-pier: i just wanted to make a comment on one of our speakers. i wanted to first thank you for what you said. i think you were probably the most eloquent speaker up here today, and i would like to thank you for being up here today. i would also like to thank you for saying something that i set for probably six straight months, which is that this is not about me, and i just happen to be in a wheelchair, and as a result, i think it triggered something. but this should have been done when the building was brought up to code years ago. it should not have taken people with disabilities to say that we want the people's room to be made accessible. i am more aware than anyone that this is not about me, so i want to thank you for the comments you made today. also, you said about your story on the bus that the woman got on and sat down next to you and said something along the lines of, "i'm glad i do not have your life." one thing that has constantly amazed me, probably because of the people i have been privileged to know who are part of the disabled community, is that the statement is so -- i laugh because it is laughable. people with disabilities will sit and say over and over again , "i don't want your life." i thought for sure that that was how you were going to respond. one of the things i think that is so important about this project in particular is that there is such negativity surrounding people with disabilities. for some reason, the view that it is bad or that it can be. one of the things about this project is that it brings beauty do something, and i think that is very important. we talked about the symbolism. i look at it now and see something that is very ugly because it pushes people away instead of bringing people in and bringing them closer and making it more inclusive. what the project is about at the end of the date is making this room much more beautiful than it currently is, so i want to thank you for your comments and for the people who come from the disabled community for such a big part of this and for people from the historic community who are also such a big part of this. there have been so many conversations and discussions, and i think it was congresswoman pelosi getting up and saying she had pushed it through as the federal level that made the mayor asked why we have not done this again. for all those involved, i would just like to say thank you. supervisor chiu: let me see if there are any comments or questions to city staff. otherwise, i will close the hearing at this time. supervisor avalos: actually, i do have a follow-up. my concern -- i was actually prepared to support this certificate of appropriateness before coming into the board chambers, and i still may do that. my biggest concern was we had discussion about the president's elevated dais, and i had a reaction to see that we were again creating a space that was elevating someone above everyone else, and that is what i was reacting to. i guess the question i have is we make the modifications to create accessibility for the president's area. below where the clerk is sitting, is that going to be accessible as well? if we do choose not to use that elevated side, down below, we will have the accessibility there? >> yes, the clerk's desk, which can be the president's desk if he chooses, will also be fully accessible. it will be at the floor level, and it will be pulled away from the back of the president's podium. supervisor avalos: that will be for anyone who wants to use that space? >> for anyone who wanted to use the

avalos. >> here. >> avalos here, commissioner schmeltzer. schmeltzer absent. chairperson mirkarimi. >> present. >> we do have a quorum. president crowley: michael. present. >> commissioner ellis. >> here. >> commissioner moran. here. >> commissioner caen is excused today due to illness. >> thank you, michael. coich very good. next item, please. >> excuse me, i didn't hear my name on the roll call. >> commissioner dufty. >> here. >> next item please. >> opening remarks. item number three, opening remarks and discussion of expectations for this joint meeting. chairperson mirkarimi: i also noticed that there is not a line item for the minutes on this agenda from last meeting. minute approval is usually routine. >> jayson fried, lafco staff. we didn't include this on this agenda partly because it was a joint meeting and we didn't want to go through the whole process. we will have the minutes at the next regular meeting in february. chairperson mirkarimi: let's make sure that always minutes have to be established on agendas and have to be approved, joint or not. >>

avalos: : thank you. next speaker, please. [reading names] >> good afternoon, supervisors avalos, elsbernd. we have seen cut after cut in critical services for treatment and prevention. there are those who wanted to reach out, with the principal at the local high school addressing issues, but, unfortunately, the program was disbanded because of significant cuts. risking their futures. alcohol is the no. 1 drug of choice for alcohol -- four teenagers in san francisco. there is a stunning number of alcohol billboards and signs. i feel that this fee is a very sensible and reasonable way to effectively prevent and treat alcohol problems at a time when the services are incredibly important. thank you so much. chair avalos: thank you. next speaker, please. >> director, good afternoon, supervisors. you have received your written response in response to the legislation, so i am not going to vote -- to mention that. with supervisor mirkarimi, kind any -- putting it into economic perspective, in relation to our small wine stores and the neighborhood commercial corridors, the costs have been identified as a small increase. these entities have the capability of being able to distribute that cost across other products. therefore " -- therefore, it puts them at an economic advantage to be selling product that the small retailers are not going to be able to, so that is the point that i want to identify, that this legislation has the potential benefit to the large big bucks and formula retail entities, should it be passed. the second thing that i want to point out is that many of them are operating at very small profit margins, and this increase, because there are restaurants or bars, they are going to be the one

avalos: colleagues, any other comments or questions? if we could open this up for public comment? it is for item six. we will close public comment. supervisor mirkarimi: motion to approve, as amended. chairperson avalos: we will accept the budget analyst's recommendations without objection. to the full board with recommendation. madam clerk, if you could please call 7 through 9. >> item 7, resolution adopting findings under the california environmental quality act guidelines and sentences go administrative code chapter 31, including the adoption of a mitigation monitoring program, related to the funding of the cesar chaviez source system improvement, directing the clerk of the board of supervisors to notify the controller, and authorizing the public utilities commission to expand a grant in the amount of $477,900 from the u.s. environmental protection agency. chairperson avalos: that was separate from the other items? >> yes. chairperson avalos: great. a representative from puc? >> my name is betsy tan. this resolution adopts ceqa findings. we came to you in 2006 asking approval to accept the grant. at that time, you did approve of us to do that. that was with the exception of having us come back after we completed the environmental review. we are here today because we have completed the ceqa approval for the project and are back to ask for your approval to extend this grant. we are excited to move forward with this project which would minimize future flooding in the caesar chavis -- caesesar chave area. >> this resolution would simply approve an expenditure you authorized of $477,900 in grant funds from the u.s. epa. those funds would reimburse the puc for a similar amount from waste water revenue bond fund money, which the board of supervisors previously appropriated. we recommend you approve this resolution. chairperson avalos: thanks, mr. rose. public co

avalos: i found it interesting in the report -- mags. commissioner avalos: i found it interesting in the report, one of the primary factors being considered, that there are a lot of bids that turned out to be not able to get to the mag. i'm wondering how common that was in the past just for my own information. >> i believe that that may have been part of why this is separated out from the original package that came to you. airport staff who looks at these mags and traffic and projected sales i think we are just not comfortable with the concepts that were originally prevented. meaning they probably wouldn't going to get close to their mag. commissioner avalos: was that paced on experience? a -- based on experience? >> i think it's based on looking what happened in the past. location of the different sites. and the traffic that we anticipate to be moving through there. that is why i believe this came as a separate item. they brought it back in house to re-evaluate and look at different concepts that would ensure better success so that we would prefer that they exceed the mag, obviously, and pay on a percentage of gross revenues. but that everyone was more comfortable they could get close to the mag and we wouldn't have to come back and say we need to re-evaluate this in the future. commissioner avalos: thank you. supervisor elsbernd. commissioner elsbernd not so much a question as it is a complement. if you read or anybody read the articles from the "l.a. times" over the weekend about all the horrendous bidding process that is happening down in l.a.x. for the concessions down there and how it goes on and on and on and on, i just say to any

avalos: supervisor elsbernd? actually, did you have anything you wanted to discuss, mr. rose? however, whenever your pleasure is. supervisor avalos: i think we will just go on to public comment. the intent is to table the contract. i have a card representing peter fortune? >> i just want to remind you that it is in the resolution itself. three times your constituents have voted. there was no new general advertising sign. they did it again in 2007 and 2009, flying in the face of your constituents in voters every time. it's crazy to see if you can get around what your constituents because every time we have asked to vote on it, we say no new general advertisers. just stop. supervisor avalos: public comments? seeing no one come forward, public comment is close. captioned by the national captioning institute --www.ncicap.org-- supervisor elsbernd: as is the case when these come before the voters, there's no documentation to give the voters the true facts. voting one way will lose billions of dollars, just generally. frankly, when these numbers go before the ballot, they're done in a way that is a bit of a sham. voters are not told that they will lose out on these dollars. in the future we should finally have some actual did it one more advertising? supervisor avalos: i think they do one more advertising. supervisor elsbernd: in the future i hope that the electorate is given the complete package of information and not just advertising. supervisor avalos: ok, we will take that without objection. so, that item is tabled. it will not be discussed any further today. mr. young, please call items four and five. >> item #4, resolution adopting california environmental quality act

avalos: 4000 in the state? the country? >> 4000 located all over the state and out of the state as well. supervisor avalos: david, you are too tall. we will excuse you. thank you. >> there are 4000 distributors across the country licensed to sell in the state of california. supervisor avalos: we have no international distributors? >> not to my knowledge. this is from the state collected excise tax on all fall, a large group that is a 4000 group all along with a smaller group of manufacturers that sell within the jurisdiction of san francisco. that number is very small. as we understand it, that is the entirety of the universe licensed to sell alcohol to retailers in san francisco competitively. we would have those groups in the forum once each quarter, looking at how much is sold in each category. for those sales in 7 cisco and sales that occurred. -- san francisco and those sales that occurred. supervisor mirkarimi: are there other examples of businesses across the country that receive quarterly forms for the taxes that we hire? >> there are certainly businesses located out of the jurisdiction that we have to pay for services for in terms of what was rendered within the jurisdiction. often the headquarters are out of state and we will send them a forum to pay that tax, l

avalos: has there ever been an occasion where the city has gone over that or gotten close to that limit? >> no. commissioner avalos: ok. thank you for your presentation. mr. rhodes? >> mr. chairman, members of the committee, the only thing i would add is we used a $500,000 example for a single family residence that would result in an $11 increase in the property taxes. we recommend approval of all of this legislation. commissioner avalos: very good. thank you. comments, questions? we'll open this up for public comment. thank you mr. levinson. item three through seven are open for public comment. we will close public comment. >> motion to advance with recommendation. commissioner avalos: we can take that without objection. all those will go to the full board with the recommendation. mr. young, if you could please call items number 8 and 9. >> item number 8, resolution aprolving an authorizing execution of amendment number 1 to lease, use, and operating agreement for bart station and related facilities and grant of easement at san francisco international airport, leeze number l 97-0081. item number nine, resolution approving the terminal two news stand coffee and specialty stores lease we'll host international incorporate the and the city and county of san francisco, acting by and through its airport commission. commissioner avalos: thank you, mr. young. >> thank you. welcome back. good afternoon, supervisors. kathy wei

avalos: thank you very -- thank you. supervisor avalos: thank you very much. we did meet, ourselves, at one point. mr. weaver? >> i would like to point out a few quick things about ocean avenue and the proposal. very frugal in three ways. we aim to get a 25 ft. storefront on the ocean assessed at less than $25,000 each year. we achieve that goal by establishing a linear footage assessment of less than $30 per foot. the second way is that we did not, unlike other districts, we do not assess the linear footage for the quarter buildings on the side streets -- for the corner buildings on the side streets. third, we have committed to no increase assessments for inflation of call -- or cost of living. second, i would like to point out that this is a great opportunity for merchants and property owners to come together. in discussing this item we have come to the realization that the big issue that we need to work on is not something as simple as sleeping every day -- sweeping every day, but complicated like what happens when there is a graffiti attack on the entire street. big property owners, tiny property owners, they all agree that that is something that we should work on and tried to resolve in a better way. thank you. supervisor avalos: thank you. i also want to thank you for a lot of the work in developing it. i know you have worked for years, decades on the corridor. i wanted to a knowledge of that. mr. harris? >> it is still mourning. thank you. i have been a 34 year resident of the neighborhood and all of my neighbors are in action. as a community member of cbd we have done a lot of work in trying to get this together and letting it would be good for the streets. -- getting it would be good for the street. paying for the cleanup, we have done a lot of things to try to enhance the corridor. i think that at this particular point, cbd would be excellent. mr. chung, a property owner, could not be here today, but he asked me to read about these dedicated individuals who have put their time in attempting to make the corridor vibrant and attractive to attract the diverse and complementary pool of businesses to create foot traffic, safety, improved cleaning and maintenance to enhanced business districts. i ask that you

avalos: -- larger help down the road. supervisor avalos: next speaker. >> we are in a tenuous position in coming out of this large recession, trying to encourage our patrons back. we have cut our prices to try to keep customers. this legislation, from the controller who i would like to thank from his insights, said that there would be a $13 million trickle-down impact on the businesses. i would like you to know that this impact will end with the loss of business and our customers. will impact my employees with a loss of shifts and jobs and possibilities of closing one or more of my location's. i would like to encourage you to vote no on this of all legislation. thank you. >> good morning, supervisors. my name is summer peterson, i am the owner of mini bar. with all of the additional fees passed down from distributors, we do not really know what it is but i am rounding it to about one-quarter per drink, give or take. i would like to mention that it is not a competitive business from the distributors. we have to go through those distributors. they can raise their prices to whatever they want. we sell an average of about 200 drinks per day. at an extra quarter for a drink that is $50 per day. seven days a week, that is $350 each week. if i would like to absorb that cost and not raise those prices, i have to cut $35 a payroll each week to keep my business running as it is right now. 35 hours per week adds up. that is two employees out of a staff of five. i already work 60 hours per week end i am supposed to work an extra 35 to cut the payroll. otherwise it is less hours, less-something. the big businesses will be able to absorb myself -- absorber themselves. i would like to say that if we could raise prices to cover these costs, we would have been doing that already to increase margins. it is a fact that i hear every day in my bar. every small mom-and-pop, with a similar equation, that is thousands and it will not help the city as a whole. thank you. supervisor avalos: thank you. i will read a few more cards. [reads names] >> hello, i am here again to urging no vote on this proposal. as a lifelong resident of san francisco i have been a small business owner for 20 months. i have paid every single license, tax, and feed asked of me. including the city licensing tickets that went from $769 to over $1,000. health department, fire department, in section fees, amusement fees, raise water rates, $200 per month to clean the sidewalk in front of my business to avoid a $300 fine. it would be naive to assume that this tax would not be passed on to the small business person. i cannot afford this kind of fee and will be forced to put a further strain on my customers, your constituents hard-hit wallets. i have done everything i can to allow them to stretch their dollars, keep my prices lower and remained open. what are you doing? i have checked your liquor licenses. 81% of them are beer and wine only a. maxwell, 76%. my district, 71%. supervisor avalos, all of

avalos absent. there are nine ayes. pardon me, supervisor avalos. there are 10 ayes.chiu: i know there's at least one proclamation at 3:30, and item 19, language is still being drafted. if it is not done by 3:30, i suggest we continue to another meeting, so it week recess for now and come back at 3:30 and hopefully move forward with our business expeditiously at that time. thank you. at this time, we

most likely pay the percentage rent not the magazine commissioner avalos: i found it interesting in the report -- mags. commissioner avalos: i found it interesting in the report, one of the primary factors being considered, that there are a lot of bids that turned out to be not able to get to the mag. i'm wondering how common that was in the past just for my own information. >> i believe that that may have been part of why this

avalos absent. there are nine ayes. pardon me, supervisor avalos. there are 10 ayes.chiu: i know there's at least one proclamation at 3:30, and item 19, language is still being drafted. if it is not done by 3:30, i suggest we continue to another meeting, so it week recess for now and come back at 3:30 and hopefully move forward with our business expeditiously at that time. thank you. at this time, we commissioner chiu: welcome back to the board of supervisors meeting of september 21, 2010. we are here in part for our special order at 3:30. i will be presenting the commendation today to the blackrock arts foundation, and i'd like to ask of some of the representatives. the president of the board, executive director

avalos: in this case is going back to the instructors in the contract rather than to the courses? >> absolutely. and that would be the same as what happened with management fees, $192,000 each year. supervisor avalos: from instruction? >> from the entire pot of money. supervisor avalos: now we are saying that we're taking one strand and moving it directly to tpc. >> i know that this issue has been raised, but this is the model for how a golf course construction happens. the person giving the lesson with a certain skill set, then another percentage goes back to the golf course. if you look not only a hours but public and private golf courses across the country, you will see very similar relationships. there's nothing unique here. supervisor avalos: the question is, this is a resolution. we have a funding ordinance that talks about how the fees might be used, do we need to make an amendment to the funding ordinance? i am hearing no. ok. next question is around and related to the golf courses on puc land, correct? >> they are part of the watershed, but they are our property and we have an agreement to provide recreational activity and that property. -- on that property. supervisor avalos: it is puc property? >> in 1950 the board of supervisors passed a resolution autho

avalos: thank you. if there are no other members of the public who would like to comment on these two items we'll close public comment. and colleagues,. >> motion to advance with recommendation. commissioner avalos: ok. we'll take that without objection. those two items will go to the full board with recommendations. mr. young, if you can call our last item, number 10, please. >> item number 10, resolution authorizing the lease of 1,426 square feet of space, a license of 2,400 square feet and the shared use space of 1,360 square feet to the elias m. nasra and family partnership, california general partnership, and city hall low created at 1 dr. carlton b. goodlett place. commissioner avaloslcome. >> welcome back. members of the committee. assistant director of real estate. so i want to give you a little bit of background as to how we arrived at what's before you today. back in early 2007, mccall, who is operating a mobile cafe operation in the north light court terminated their lease. following that termination we decided to pursue a social enterprise and cafe operation in the north light court. and this board approved a recommendation to have juma ventures operate that which lasted from spring of 2008 until, unfortunately, spring of 2009 when their financials were just not performing at all. so they elected to affect and early termination. there was a penalty associated with that early termination in terms of forfeiture of their security deposit. which actually made the city financially whole until currently. now it's in agreement that results from a competitive solicitation process an offering of one operator for both the north light court and the ground floor cafe. we