supervisor elsbernd: thank you, mr. president. first let me start by thanking supervisor wiener for recognizing that the initial resolution he introduced didn't meet the mark and that we needed a couple more weeks. and i appreciate his efforts to begin to turn the dial just a little bit. that said, i don't believe the amendment he's offered does enough. and let me just articulate why. first and foremost, i think the resolution fails to recognize and fails to appreciate all of the voices involved in this issue. there are a number of advocacy groups, a number of individuals, a number of people who have spent years on this issue and the resolution, even with the potential amendment, frankly is completely one-sided towards one group of people who have participated in the issue. and it completely ignores the voices of many other folks. you know, without question there's the environmental issue. but there's also a group of people who we haven't heard from in this forum, but i've heard from. i hear from a group of people who consistently

supervisor elsbernd: thank you. if i could ask john updike from the department of realistic to come forward and give you a summary of this item. >> thank you. good afternoon. john updike, acting director of real estate. this is the second of several pieces of real estate-related legislation associated with the redevelopment of phelan and ocean with transit-oriented mixed views projects. i refer were 2011, this committee recommended approval of sale of property to the redevelopment agency for affordable housing, along with a vacation of rights of way, jurisdictional transfer, and reservations of each month. the board and mayor adopted the ordinance on march 16. all to foster the implementation of the phelan bus loop redevelopment project. now, we bring to a delivery truck easement and easement and purchase of sales agreement. this is required for the successful operation of the grocer element of this project. granting of the easement will facilitate the avalon bay development across the new league avenue extension --

this is another item sponsored by supervisor elsbernd. supervisor elsbernd: thank you. i defer to you on this, how you would like to handle this. i have some technical amendments that need to be made to the ordinance creating the special use district. additionally, there are some clarifying findings in regards to ceqa that need to be made to all the ordinances, so whether or not you would like to do that now or you would like to hear exactly what those are from staff and get a presentation, or if you would like. supervisor mar: let me just ask -- what would you recommend on proceeding with the amendment? >> deputy city attorney. it is really your preference. there is not a right or wrong way to proceed here. supervisor mar: i think a summary of the amendments would be useful right now. supervisor elsbernd: i would ask you to do the special use district, and then marlena on the ceqa issues. >> good afternoon, supervisors. office of economic and workforce development. our office has been working as well on treasure island special use district, and in the process of that w

supervisor elsbernd's as well. supervisor elsbernd, since i first got on the board a couple of years ago, you have been talking about this issue. it is a looming problem. for the first few months, we did not pay as much attention as we probably could have. you suffer from a cassandra complex. you spoke about the doom and gloom that is coming and people were not paying attention. it is going to have the support it is going to need to pass. thank you for your work on that. in other matters, i had a resolution to receive statewide program grant funds to support the development of the easement adjacent to the library. supervisor elsbernd will be cosponsoring this because it is on the border of both of their districts. a couple of years ago, i worked to reprogram these so we could develop this easement so that we could have really could landscaping between the library and a part of this project. the community groups have been working together on design, which i think is significant. it is going to make a great improveme

president chiu: supervisor elsbernd . supervisor elsbernd: thank you. i've got a number of questions. let me start with what i imagine will be an easy one for you. but still i think an important point. i think the number is something a little over 200 cities in the state of california who are also subject to ceqa have granted the categorical exemption. for this project. not one of those cities has said an e.i.r. is necessary. i imagine what you're going to say generally in san -- is san francisco is unique but let me put the ball on the tee for you. tell me why san francisco, unlike any one of these 200-plus cities, needs to do an e.i.r. and why all of those cities who are also subject to ceqa are wrong. >> i don't know the evidence that was before. assuming 200 cities said fine, i don't know the evidence that was before those cities. yes, this is a uniquely beautiful urban location in areas, in many of the cities of california have more space, more urban -- excuse me, more rural areas, even within a city that they can place these, so they may have diff

. >> thank you, supervisor elsbernd. supervisor elsbernd: one item today, a big item along with the mayor, actually for the mayor, and definitely his leadership that brought us to this point and along with president chiu, supervisor avalos, supervise chu, cohen, farrell and wiener. i am proud to introduce a charter amendment that is much more than i or the sport have done in the past in terms of retiree health care reform. this is not a proposal that is a baby step that i have characterized some proposals in the past. this is real reform. this is also real sacrifice on behalf of our current city employees. this is not simply a proposal but is about new employees and the lighting savings 10, 15, 20 years out. this is a proposal that produces savings in the first year of its passage. this means that current employees will be sacrificing. they will be contributing more to the pension fund as the taxpayers contribute more to the pension fund. it is a fair and equitable float of those employee contributions. not just a fai fr

the liquidated amount you heard supervisor elsbernd talk about. that is a citation to a cbre and the rent control is valued at $160 million. that would be the value of the units with and without rent- controlled plus 20%. the developer would be required to pay that money. i am happy to answer any questions further. >> one follow-up to that. the development agreement includes both rent control protections and separate contractual remedies. at the suggestion was made that if it turns out that these rent control projections are struck down, it could also strike down the contractual remedies. how confident are you in the enforceability of the rent control agreement? how confident are you that the contractual remedies would be able to protect us? >> a couple of questions there. the first is the enforceability of the rent control provisions. we know they're there is a lot of case law on this. we have included in the context of all of the bus was given you that concludes that we have a strong argument. not that we have a guarantee. you have raised the ad

i do want to agree with most of what supervisor elsbernd said. i do think it is important a eighth to have development on the west side. -- important to have development on the west side. but the question remains -- are the tenant protection sufficient? i would respectfully submit that they are not. supervisor avalos: i want to thank supervisor elsbernd for his work on this over the years, and the developers as well as the tenants for their hard work on this project. i have similar concerns about the guarantees tenants are receiving in this development agreement. i don't feel that i can support this development agreement, even -- i just feel a difference between what supervisor campos has talked about, between trinity plaza and parkmerced, is significant. trinity plaza was owned by one person. parkmerced is owned by many people. any one person who is part of that ownership who wants to back out could perhaps limit an agreement that could protect tenants. i also want to add another amendment to the legislation, if colleagues are willing to conside

supervisor elsbernd: no. supervisor farrell: no. supervisor kim:aye. supervisor mar: aye. supervisor mirkarimi: aye. >> there are 8 ayes and 3 no's. >> the ordinance is passed. >> taking money from the public lies -- public library preservation fund for the litigation expenses in fiscal year 2010-11. >> roll call vote. supervisor wiener: ayue. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. >> there are 11 ayes. >> this ordinance passes. >> this is amending the environmental code on how to say is fully get rid of the unused portion. >> this ordinance is finally passed. item 12. >> amending the government to conduct code to allow the former mayor to have a full-time city employment within one year after leaving office. >> this item is finally passed. >> item 13 has surplus revenues to support shortfalls in the department of health in the amount of approximately $25.9 million. this ordinance i

elsbernd aye. farrell aye. kim aye. mar aye. there are 11 ayes. supervisor chiu: those ordinances are finally passed. resolutions adopted. >> item 9, ordinance amending the public works co, regarding declaring illegal dumping on public property a nuisance and providing a mechanism for abating and enforcing that nuisance. supervisor chiu: same house, call? without objection, the ordinance is finally passed. >> item 10 is an ordinance appropriating approximately $6.9 million of loan funding from the california department of boating and waterways for the renovation of west harbor of the san francisco marine a yacht harbor. >> this is an additional loan from the california state department boating and waterways to finish the completion of the marina west yacht harbor renovation. this will be done in time right now for the america's cup in 2013, and a quick point, to make sure people know this is at 0 expense to the taxpayer. this is being done and being paid for by increased booklet fees. good deal for us, bad deal for boat owners, but i think everyon

supervisor elsbernd: a couple things. i want to respond to supervisor avalos, but first to supervisor campos. thank you for the intellectual honesty in saying you would have opposed the trinity project. that surprised me. i apologize for my reaction. i hope you will continue to vote against any projects that approve below-market units. the legal argument you are making to argue this legal agreement is invalid is the same one you should be making to all other projects, based on the city attorney's opinion. it was the exact same costa- hawkins question. not only is it comparable to trinity. it is comparable to any other project anywhere in san francisco that includes bmr units. you were sent to an -- you are saying to any tenant in those units that it is legally questionable. i hope you continue forward with any other project that includes one bmr unit or thousands. it is the same law. to supervisor avalos, i assume you know the value of the rent control subsidies already offered is $160 million. i am betting you do not kno

supervisor elsbernd: that would be it. this would be, as i said, readily available for the public to review. supervisor mar: if there is nothing else, was there anything else? >> i did have a very brief presentation, and i did want to clarify to the members of the committee that redline revisions were also submitted to the draft development agreement itself, not the ordinance, but the development agreement itself, which was posted by the clerk on friday. i did want to briefly summarize those for the public, and i wanted to emphasize that copies will be available by the end of the day on the planning department website as well, per our usual practice. they were posted with the clerk. i want to clarify on friday, however, as required by the city, by the board rules. supervisor mar: just to remind everyone, items two, three, four, and five were called altogether. develop an agreement as item two. ms. byrne read the amendments for the special use district, which is item three, i believe. item four is the zoning map amendment,

supervisor chiu: supervisor elsbernd? supervisor elsbernd: someone who has been in it for a long time, i know that they fight really hard, and that is a compliment. they are very, very passionate about their neighborhood and they are parts of this district. are you saying that if there was that kind of significant opposition in a particular neighborhood or a particular block that at&t under no circumstance would say, "we are going to go forward anyway, because we have to have the service around here? >> that is something in a neighborhood would have to take into consideration. my boss will add to this. >> scott, you are right, yes. but also understand that each of these cabinets controls over 400 poems, so you as an elected official would have to help us make a decision. if they have a vocal group, do they truly represent the interests of 400 homes in your neighborhood? as i said, not one week has gone by when somebody says, "when is this coming to san francisco? they want the service. they have this competing interest. t

supervisor elsbernd ? supervisor elsbernd: one way or another, it does not change my vote on this. i hope everyone heard president chiu's remarks about opt in/opt out. i hope that we remember this when we have the conversation about community choice aggregation. supervisor chiu: if we could take a roll call vote on this item. >> supervisor elsbernd. no. supervisor kim. aye. supervisor mercury me. aye. supervisor of a los -- avalos? aye. 9 ayes and one no. >supervisor chiu: this ordinance is finally passed. >> item 18 appropriating 100900 -- $1,925,000 of the general fund reserve and the public library preservation fund balance to various departments for litigation expenses. supervisor chiu: roll call vote. >> [roll call vote] there are twn ayes. supervisor chiu: item 19. >> item 19, an amendment to a construction management service agreement for laguna honda, changing the amount from approximately $15 million to $16 million. supervisor chiu: this resolution is adopted. item 20? >> approval of modification #one of lease and use agreement at san francisco international airport. super

supervisor elsbernd? supervisor elsbernd: thank you. if i can, ken, start with you. using case law as president to help us to understand what we are doing here -- using caseload as president -- case law as precedent. cities that are being asked to apply the exact same lot as we are today. the urban settings of california? >> sure. we have deployed these in every major city of california, and, in fact, we are now in the central valley, up in your rica, other areas -- up in eureka. there was deployment about three years ago, and we had issues before the board. we withdraw the application and continued to build in other cities. we have statewide ceqa laws, as you all know. most of the cities, over 260 cities, have not required any ceqa at all. as the total vacations kroatian, a utility. there are four or five cities that have required a ceqa review, and they have given us an exemption. supervisor elsbernd: you have not had to do an eir? >> we have not. supervisor elsbernd: thank you, ken. if you can complete your analysis? >> sure. in fact, i do not think i got to the c

supervisor wiener: i have to disagree with supervisor elsbernd's remarks. what was voted against was not a single sentence talking about that. it was a series of things, including eliminating our opposition to the current proposal and in terms of a number of other things as well. it is sort of like when you run a hit piece on a politician saying you voted for x when there were really 20,000 items in a big budget bill. i do not disagree -- excuse me, i do disagree with that characterization. supervisor avalos: i would agree with scott wiener. my vote was not against reality. >> in response when supervisor chiu starts opening the door and divides was appropriate and what is not. is he simply voted no amendment, -- what did you park at exactly what you agree a way you did not. supervisor chiu: any further discussion? colleagues, if we could take a roll call vote on the underlying resolution as amended. >> chu aye. cohen aye. elsbernd no. farrell aye. kim aye. mar aye. mirkarimi aye. wiener aye. avalos aye. campos aye. chiu aye. there are 10 ayes, one no. item

supervisor elsbernd? mr. yardeni, would you like to make opening remarks? >> good morning, supervisors. i will keep my remarks very brief. i think this committee has received several informational presentations. i will focus today on the revisions to the draft development agreement that was submitted to the clerk on friday. supervisors csupervisors cohen:k that members from the public restraint supervisor mar: conversationsmar thank you. please continue. >> i'm going to highlight key sections where there are red lined changes. the red lined documents are also available with the clerk's office. i will move through the sections. i do want to note that there were some organizational and technical cleanups' made to the dinedocument. there's no substance to the change, other than adding clarity to the documents. beginning with section 3.5.3 of the development agreement -- excuse me. 3.5.3 of the development agreement. we have clarified the ccnr's to provide permanent maintenance of all sidewalks, parks, basically most common areas open to the public. this amendm

supervisor elsbernd: but it has a legislative and executive splits. it is just pure legislative. if you wanted to add more seats so there was an executive legislative split, hot -- and that might make a little bit more sense. >> there were originally seven members, but they did not have to appoint them. i like the suggestion that we go into closed session and we are able to pull oup -- >> not closed session on this. supervisor kim: actual litigation and we can spend some time crafting language around the nomination that would work for all three of us. we have a motion to move into closed session. and reconvene. we will continue this item after the closed session. thank you. members of the public, we are going into closed session to discuss litigation and we will reconvene on item number 9. thank you.

we're here with supervisor elsbernd from district 7. supervisor elsbernd was appointed to the board in august of 2004 and elected to his seat in november of that year. he is in the middle of his second term. we will get to know him and learn about the toughest issues facing the city. welcome. tell us about your background. >> i was born and raised in district 7. i went to st. cecilia's grammar school. i went to a small school in los angeles and came back here to teach law school. -- went to lost cool. i went to work here immediately after passing the bar on the first try. i worked at city hall for a few years. then lightning struck and was appointed as a member of the board of supervisors in august of 2004. i have been here ever since. the choice to live in san francisco was made for my family about five generations ago. we have been here a very long time. i could never imagine leaving. this is home. this is where i am raising my son and hope that he raises his children. >> what motivated you to get into politics? >> i attribute a lot o