÷sgt supervisor elsbernd. >> supervisor elsbernd: thank%+q you, mr. president. a few questions.he first kind of follows up on the discussion that supervisors. in it supervisor wiener and you entered into a dialogue about the issue of this language being too vague, in your view that this language is too vague in the charter. just off the top, though, when i hear you argue that, was that not the exact argument that mr. mazzola made to the court, and argued that this language is too vague and the court itself found that, no, it's not? help me understand. >> well, so at the time the mazzola case was decided, the charter provided for removal for quote official misconduct, unquote. that's all. and in response to a void for vagueness challenge to that language the maz ol-a court decided, no, it's not unconstitutionally vague because we have all these cases and this developed body of law about what it is, what official misconduct is. and that's when they went on to say it's misconduct that occurs in office number one and relates to your duties. the part we object to is the subsequent la

>> i hope you would be honest. >> vice president elsbernd: we're honest. we're saying it is operating but we want to fund it. don't you want to characterize it as capital so we can fund it? >> i'll let you think about that. >> vice president elsbernd: okay. >> president farrell: mayor's office, do you want to comment? >> leo chiu with the mayor's. i would say the maintenance cost -- you can see at the technical level the maintenance is classified in a maintenance subobject that is classified as maintenance. we are able to make sure as a city we are funding renewals and maintenance at a bare minimum level. we can make sure that we are at least doing an adequate baseline amount of maintenance that's happening in the city. certainly departments can choose to allocate additional parts of their budget for additional operating costs. thanks. >> president farrell: all right. we can maybe come back to that one in a minute here. >> i want to make sure i missed it. on finding 17 was there a response to that? >> president farrell: sorry, thank you for catching that.

on item 24 supervisor elsbernd? >> elsbernd aye. >> supervisor farrell? >> farrell aye. >> supervisor kim? >> kim aye. >> supervisor mar aye. >> supervisor olague? >> olague aye. >> supervisor wiener? wiener aye. >> supervisor avalos aye. >> supervisor campos? >> aye. >> president chiu ? >> chiu aye. >> supervisor chu? >> aye. >> supervisor cohen? >> aye. >> eleven ayes? >> the resolution is adopted.

on item 24 supervisor elsbernd? >> elsbernd aye. >> supervisor farrell? >> farrell aye. >> supervisor kim? >> kim aye. >> supervisor mar aye. >> supervisor olague? >> olague aye. >> supervisor wiener? wiener aye. >> supervisor avalos aye. >> supervisor campos? >> aye. >> president chiu ? >> chiu aye. >> supervisor chu? >> aye. >> supervisor cohen? >> aye. >> eleven ayes? >> the resolution is adopted. item 25. ordinance amending the administrative code. >> president chiu. >> thank you, mr. chair, years ago in 19819 passage of the apartment conversion ordinance made it illegal for residential propertis with four more units to be occupied for less than 30 days. unfortunately over the years there has been a loophole in the law that allows corporations to sidestep it signing leases with owners so they can use the apartment as short-term corporate housing. as an example, tenants at the golden gateway experience guests going in and out as a hotel. this practice has not only created quality of life issues for neighbors, but it's also taken limited housing opportu

supervisor elsbernd? aye. supervisor kim? aye. supervisor mar? aye. there are 9 ayes and one no. >> the the ordinance is finally passed. item 5. >> item 5, ordinance appropriating $54 3.2 million from the proceed of sale of bonds for cap fail improvement projects to the airport commission for fiscal year 2012 through 2013 and placing appropriation and control is reserved pending the bond sale. >> roll call vote. >> on item 5, supervisor olague? aye. wiener? aye. supervisor avalos? aye. supervisor campos? aye. president chiu? aye. supervisor chu? aye. supervisor cohen? aye. supervisor elsbernd? aye. supervisor kim? kim aye. supervisor mar? aye. there are 10 ayes. >> the item is passed. the ordinance is finally passed. item 6. >> item 6 is an ordinance amending the transportation code to restrict large vehicle parking between the hours of 12:00 a.m. and 6:00 a.m. from the municipal transportation agency signs are posted providing notice. >> roll call is vote. >> on item 6, supervisor olague? no. wiener aye. supervisor avalos? no. supervisor campos? no.

>> chiu aye. >> commissioner elsbernd? elsbernd aye. commissioner kim? kim absent. [speaker not understood]. mar aye. commissioner olague, olague absent. commissioner wiener? wiener aye. item passes. >> item passes. if you can please call item number 6. >> number 6 is approve the revised debt, fiscal, investment, and procurement policies. this is an action item. >> again, another item that came before the finance committee. why don't we open it up to public comment. is there any member of the public who would like to speak on item 6, please come forward. seeing none, public comment is closed. can we take that, same house same call? same house same call. madam clerk, if you can please call item number 7. >> item number 7, exercise the first one-year option of the professional services contract with sptj consulting and increase the contract amount by $165,500, to a total amount not to exceed $662,000, for local area network and computer maintenance services, and authorize the executive director to modify contract terms and conditions. this is an action item. >> again,

elsbernd, mr. henry rabbit. on behalf of mr. chiu, mr. gary cray. mr. lanier [speaker not understood]. >> and with that, madam clerk, is there any more business in front of the board? >> that concludes our business for the day. >> with that, ladies and gentlemen, we are adjourned. [gavel] >> i love teaching. it is such an exhilarating experience when people began to feel their own creativity. >> this really is a place where all people can come and take a class and fill part of the community. this is very enriching as an artist. a lot of folks take these classes and take their digital imagery and turn it into negatives. >> there are not many black and white darkrooms available anymore. that is a really big draw. >> this is a signature piece. this is the bill largest darkroom in the u.s.. >> there are a lot of people that want to get into that dark room. >> i think it is the heart of this place. you feel it when you come in. >> the people who just started taking pictures, so this is really an intersection for many generations of photographers and this is

. >> supervisor elsbernd? >> elsbernd aye. >> supervisor farrell aye. >> supervisor kim? >> kim aye. >> supervisor mar, marr aye. >> supervisor olague. >> olague aye. >> supervisor wiener. >> aye. >> supervisor avalos? >> aye. >> supervisor campos? >> campos aye. >> president chiu. >> chue aye. >> supervisor chu. >> aye. >> supervisor cohen, aye, >> there are eleven ayes. >> item 29 a motion appointing annemarie fortier, susana russo and sharie o'neill, >> same house, same call. >> motion approved item 30. >> motion appointing paul giussi to the graffiti advisory board. >> same house, same call, item approved. >> >> item 31 is approved. >> item 32 is a motion appointing bruce oka term ending april 27th 2013 to the sunshine ordinance task force. >> colleagues same house same call. this motion is approved. item 33. >> item 33 is a motion apointing supervisor eric mar term ending november 28,2013 to the california state association of counties board of directors. >> colleagues do we have a motion to , second and without objection, roll call vote. >> on all right 33, supervis

elsbernd, mr. henry rabbit. on behalf of mr. chiu, mr. gary cray. mr. lanier [speaker not understood]. >> and with that, madam clerk, is there any more business in front of the board? >> that concludes our business for the day. >> with that, ladies and gentlemen, we are adjourned. [gavel] ♪ >> welcome to hamilton recreation and aquatics center. it is the only facility that has an integrated swimming pool and recreation center combined. we have to pools, the city's water slide, for little kids and those of you that are more daring and want to try the rockslide, we have a drop slide. >> exercises for everybody. hi have a great time. the ladies and guys that come, it is for the community and we really make it fun. people think it is only for those that play basketball or swim. >> i have been coming to the pool for a long time now. it is nice, they are sweet. >> in the aquatics center, they are very committed to combining for people in san francisco. and also ensuring that they have public safety. >> there are a lot of different personalities that come thro

. >> president chiu: supervisorg elsbernd. >> supervisor elsbernd: thank you, mr. president.missioner hur beforehand at! say that the ethics commission reviewing the deliberations and all that you did you truly elevated yourselves as a;h6kk@&c"p% commission and proved yourself worthy of the title of úñ commissioner and i thank you for the work you did as a commission and asu i second the motion by supervisor clearly indicating my intend to vote to sustain the charges 37 i'm not going to get into the oa÷.& issues. i like to associate myselfj:5 president chiu's comments but the point i want to raise i think that needs to be and put on the record with the vote already clear but still needs to be stated. the issue thatl8u discussion with the sheriff's counsel about theq%-y sheriff's duties, sheriff takes understandably in this instance,u]3 a very narrow scope of what his duties areli h what his official duties are. i could not disagree with that b/(q i think to imply that the sheriff's duties are solely to maintainó?ar the jails, absolutely ignores all the responsibilities that c

supervisor elsbernd? elsbernd present. supervisor farrell? farrell present. supervisor kim? kim present. supervisor mar? mar present. supervisor olague? olague present. supervisor wiener? wiener present. mr. president, you have a quorum. >> thank you. colleagues, could we have a motion to excuse hrchu? motion by supervisor campos, seconded by supervisor olague without objection, she shall be excused. ladies and gentlemen, please join me in the pledge of allegiance. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands; one nation under god, indivisible, with liberty and justice for all. >> colleagues, we have our september 13th and september 25th, 2012 board meeting minutes. could i have a motion to approve those minutes? motion by supervisor cohen, second by supervisor campos, without objection those meetings are approved. madam clerk, are there 012a communications? >> there are no communications, mr. president. >> can you read our consent agenda? >> items 1 and 2 comprise the consent agenda. these items are considered rout

supervisor elsbernd? elsbernd aye, supervisor farrell? >> aye >> supervisor kim? >> kim aye. >> supervisor mar aye. >> supervisor olague? >> no >> supervisor campos? >> no. >> campos no, president chiu? >> aye. >> supervisor chu? >> chu aye. supervisor cohen? >> aye. >> there are eight ayes and three nos. this resolution is adopted-game item 11 is a resolution authorizing the recreation and park department to accept and expend a conservation grant in amount of $131,000 from the california department ever parks and recreation for the twin peaks. >> roll call vote. (roll call vote ) there are eleven ayes. >> this resolution is adopt [ gavel ] . >> item 124 21 authorization the director of public works to execute an amendment to the construction management services agreement for the laguna honda hospital replacement program. >> same house, same call. this ordinance is adopted [ gavel ] . >> item 13, resolution authorizing the department of public works to accept and expend a federal grant in the amount of $1,381,000 from the metropolitan transportation commission. >>

i'm joined by shawn elsbernd, joined by jane kim. the clerk is victor young and staffed at sfgtv by mark bunch and michael friedman. >> please silence cell phones and electronic devices. completed speaker cards to be included should be submitted to the clerk. items acted on will appear on the next board of supervisors agenda unless otherwise stated. >> thank you. the first item. >> item one, resolution approving and authorizing execution of lease with transportation and security administration for terminal space to be occupied by the u.s. transportation security administration, a federal agency in the inter national terminal and terminal 2 of the san francisco airport with a term of five years. >> great. thank you, mr. young. we are joined by kathy widener from the airport. ms. widener. >> good morning, chair avalos, supervisor elsbernd, kathy widener with the airport. the airport is seeking your approval with a new five-year lease with the transportation security union with 804,000 square feet comprised with 7,200 of existing square

that motion was secondedn yka by supervisor elsbernd.that motion. >> clerk calvillo: supervisor kim, no.qy xm supervisor mar, aye. supervisor olague, 4 no. supervisor wiener, aye. supervisor avalos,0p8co no. supervisor campos, no. president chiu,]om aye. supervisor chu, aye. supervisor cohen,col' aye. supervisor elsbernd, aye. supervisor farrell,ñuf aye. there are seven ayes and four nos 3-6r7b89d given that that motion required:pfxz votes in order to pass the motion is not approved the the comarges of9yk official misconduct against ross mirkarimi arek])-Ñ sustainedxj5cf. idsf>l+sq1q >> president chiu: colleagues, we still have additional business but why don't i suggest we recess4(fq for five minutes and then resume. with that, we'll recess. >>% (the san franciscon[" ez supervisors is in1uxo? recess) jlosf6z6oxçç$a=5fÑci:l éfu[gññk 9Ñ'p9Ñw7 0sx!j ÑÂb;21 auñuiÑc9g@Ñhr >> president chiu: we are back to our 2012. roll÷ for introduction. >> clerk calvillo: firstition supervisor kim. supervisor kim chamber, supervisor wiener. supervisor

supervisor elsbernd. >> i am presenting today for supervisor chu. she asked me to present. this is someone i think more than anyone else knows about the restaurant business because she grew up in a restaurant. her parents owned and operated a business all through her childhood and knows the ins and out's of a good restaurant. she chosen some place i might chosen and parkside tavern. they are not here today but what is a very obvious working. they were working really hard last night and need to get ready to go tomorrow u but those that know the sunset, the parkside tavern, the owner larry doyle lives in the area and active as a community member. uses the restaurant as a great community resource, be contributes to the community, makes it available to various groups and it's become a great gathering place for those that love sport of all kind, and those that like a quiet comfort sun shut meal in the sunset and i would like to congratulate the parkside tavern. >> thank you supervisor elsbernd bernd. why don't we go to district six, supervisor kim. >> great. so today i have the

supervisor elsbernd to move amendments and send forth without recommendation and take that up without objection. okay. could we call i think it is puc items, all related. at the same time. >> item four, hearing to receive update from puc on water system improvement to include information on projects completed to date, corresponding cost of upcoming projects and scheduling corresponding for upcoming projects. five, release or reserve funds in amount of $62,253,692 to fund the following water system improvement projects. the project management, cuw395 program reserve, san joaquin pipeline system, new irvington tunnel. vegetation restoration of wsip construction sites and program management. item six, resolution adopting finding under the california environmental quality act including adoption of mitigated monitoring and reporting program and statement of overriding considerations related to the san antonio backup pipeline project and directing clerk of the board and supervisors to notify controller of this action. >> thank you, mr. clerk. we have with us julie lavante from puc. >> good

i am joined by supervisor campos and supervisor elsbernd who is in place of supervisor farrell, our vice-chair who just had a newborn son earlier this week. our clerk today is not melissa miller, i'm sorry. our clerk today is derek evans and the committee would like to acknowledge the staff of sfgtv who record the meetings and make the transcript available online. and i would like to acknowledge jennifer lowe and [speaker not understood]. mr. clerk, are there any announcements? >> yes, madam chair. please make sure cell phones and electronic devices, speaker cards and documents submitted as part of the file be submitted to the clerk. [speaker not understood] unless otherwise stated. >> thank you. can you please call item number 1? >> item number 1, motion supporting eric mar to the california state association county board of directors. >> thank you. colleagues, are there any discussion on this item? seeing none, i would like to open it up for public comment. if you would like to speak on item number 1, please step forward. seeing no public comment, public comment is closed. colleagues, do you

enteredctionv a -- supervisor elsbernd appointed me, i worked with sfpd, play guitar, give blood several a year, and going over this list, hoping to demonstrate to you my core belief in civic duty and community involvement. i also believe that the next step in my ability to contribute is to help govern as supervisor. now just a few of the many important issues. we are in economic straits and need to be conservative with our finances now and for the future. pension, salary and benefit reform has come a long way, but we need to do more. let's work with all stakeholders to assure that rules are based on fairness and financial realism for all, not for the personal enrichment of a few. i would rewrite the public flaping rules which are costing the city millions. why should a candidate receive up to 150,000 city tax dollars then spend that money on consultants in walnut creek or in san jose which is being done now? i'm not one of the quarter million dollars candidates but i've raised several thousand dollars, buttons, website, campaign essentials all produced here in san francisco. homelessnes

before i tell you a little bit about myself, i just want to echo what supervisor elsbernd said about dan weaver. he is awe inspiring, a legendary neighborhood advocate and he would do wonders on this committee. a little bit about myself. i'm a practicing attorney in san francisco. i live in westwood park. i have a son who is now a sophomore at [speaker not understood] high school just adjacent to the balboa park station. i am also a member of the board of directors of the ocean avenue association, the cbd that mr. weaver is the executive director of. and i'm currently serving as treasurer of the ocean avenue association. i think it's fair to say that ocean avenue corridor has turned a corner. we've seen tremendous improvements in the area and i think now is precisely the time to focus on the balboa park station and all that that can offer to the entire community, city college, [speaker not understood], and all the residents in the area. i bring an open mind and a commitment to service and i would very much like to be a part of this committee. i do notice that i had applied for vacanc