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tv   [untitled]    May 5, 2012 2:00am-2:30am PDT

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>> welcome to the san francisco board of supervisors for tuesday, may 1st. happy made it. could you please call the roll. supervisor avalos: supervisor campos: supervisor elsbernd: supervisor kim: supervisor weiner: aye. all members are present. the correct thank you. could you please join me in the pledge of allegiance. >> [all together] 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. >> we have our 2012 board
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meeting minutes. could i have those motion and seconded. without objection, they are approved. are there any communications? >> there are 9. >> can we go to the agenda. >> items one through 10 comprised the agenda. if there is discussion of a matter is shabby removed and considered separately. >> colleagues roll-call vote. >>supervisor avalos: aye. supervisor campos: aye. supervisor chu: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor olague: aye. supervisor weiner: aye.
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>> motion is adopted. >> item 11 is appropriating approximately 6.6 million in salaries in french benefits -- fringe benefits for the projected increases in overtime. >> can we do this same house, same call. >> item 12 is a breeding 327,000 in it -- is 3-appropriating. grex this ordinance is passed. >> item 13, to increase the revolving cache of the apartment building pungent. it cracks -- >> next item. >> appropriating approximately two $0.7 million for nurses' salaries for the apartment of for fiscal year 2011-12. >> same house, same call.
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this ordinance is passed. >> item 15, the commercial paper program ordered to an amount not to exceed $300 million issue from time to time for the various capital projects benefiting waste water enterprise. >> the same house, col. this ordinance is passed. >> item 16, issuing water bonds not to exceed $650 million to barry's finance projects under the water system improvement program. >> same house, same call. the resolution is adopted. cala items 17 and 18 together. >> item 17 is a breeding -- is appropriating $315 million and item 18 is appropriating $915 million for the development and infrastructure and mitigation
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projects for the america's cup. and paste -- placing $45 million on reserves pending per dispenser for it -- certification. -- participant certification. not to exceed $45 million for certain improvements of port commission. >> same house, same call. these two measures are adopted. correct item 19 is an ordinance waiting the fee in the public works code for temporary street space occupancy designated for saturday, may 13th and may 19th. the cracks items -- >> items 20 and 21. >> public infrastructure improvements for the the cemetery gates pump station and for the 66 ssu were forced
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relocation. >> colleagues, same house, same call. these ordinances are passed on of the first read. >> item 22, remanding the police code for security for commercial parking garages and lots. correct colleagues, i bird -- >> i first want to thank the public safety committee for their continued efforts toward containing violence in and around our entertainment venues. we have refocused efforts on the safety of nightclubs as well as party promoters. this is a piece of legislation dealing with another aspect of late night island having to do with parking lots. often unmanned, particularly after midnight, when patrons going to clubs they serve -- sometimes hang out in nearby parking lot. public safety and have been associated. i want to thank supervisor wiener for his close sponsorship of this legislation pipit this
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legislation does several things. it requires all commercial parking lots and garages to submit a security plan when applying permits, and when those honors for commercial parking lots at 100,000 -- at 1,000 ft. of the area, it requires lighting and online security of individuals for safety. we made a number of amendments to just parking lots that have a good safety record by allowing the police chief to waive some of these requirements, and also amended the legislation to make it clear that we're focused on this. with that, i would by to ask for your support. president chiu: supervisor kim. supervisor kim: thank you. i want to thank president chiu and supervisor wiener for bringing this forward. we have worked very closely with
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our venue owners on making their security plans stronger. we have been finding that a lot of the issues, the public safety issues in the parking lots that often do not have any staffing after midnight. i'm glad to see that we are making it more consistent throughout the district. supervisor avalos and i had concerns about whether employees of parking garages can have criminal records or not. that will be before the public safety committee in the future. again, i want to thank both offices for working diligently on this, and i want to thank the entertainment commissioner steven lee, who i know has been active on this issue. and at including our other partners as well president chiu: supervisor avalos. supervisor avalos: i voted to support this legislation as it was in committee. i do have concerns about -- and
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i will point them out, colleagues. on page 6, line 13. i will read out loud. "-- the list of things ian operator needs to provide in terms of parking permit process. this will include hours of duty and employment and a declaration signed by the applicant and dependably -- under penalty of perjury certifying that the applicant has none of the individuals that have pled guilty for unemployment crime into the past 10 years. that part by a understand the
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need -- i understand the need why there is a rationale for bring out language in here. this was part of the underlying ordinance that was amended with this ordinance. but i think this plot -- applies in counter to our effort around reentry to ensure that those who have criminal records have are for synergy for employment and ways of getting out of -- criminal records have an opportunity for employment and ways of getting out of their criminal past. i would like to divide the file. it i do not want to support this part of the file. i would like to have the upper charity to vote against this one section. it would be a vote against line 6, line 15.
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my motion would be to strike out on page 15 -- on line 15, including hours of employment, i would put a period right there and the rest of that section will vote out. but our right to vote for the underlying ordinance. >> i want to thank supervisor avalos and to revise our camp for pointing out this issue. -- and supervisor kim for pointing out this issue. does this happen to be language that was placed in this section of the police code years ago. and to make it clear what it says is that individuals that have pled guilty or convicted of specific clients, mostly related to stolen property, and other crimes related to vehicles.
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for example, the breaking into and removing of parts from a vehicle, a modest shift -- illicit -- malicious mischief with a vehicle, or other use of alcohol, narcotics, or controlled substances while in connection with a vehicle prepared -- vehicle. this was placed in the prior ordinance to make sure that those working in parking lots do not have that record. that being said, i think the requirement of a declaration stating that no employee that is convicted of this feels a bit of interest to me. we actually duplicated this file so that we could have a conversation with the san francisco police department. i have and i know supervisor avalos have -- has also contacted the police department to respond. i'm not prepared to strike is out, but i'm prepared in the next few weeks to see if there's
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other language that would address the desire that many of us have to see better employment opportunity for ex-felons and others with a record. but in the argonauts were you have cars that are very expensive, we want to make sure those cars -- but in the parking lots where you have cars that are very expensive, we want to make sure those cars are safe. supervisor weiner: is this a motion to amend, or to duplicate the file? > the file has already been duplicated. a person sits in committee. -- a version sit in committee. supervisor weiner: to vote on that one sentence? >> yes. there is a motion on the floor. president chiu: supervisor campos? supervisor campos: i was not
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going to speak on this, but i want to follow up on what supervisor avalos noted. i do think it is important for us to address this issue and it is important to note that one of the individuals that this board recently appointed to the small business commission who is precisely working in this industry is someone who had previously had a criminal past but completely turned his life around and has made a point in that business that he has created and has a stellar record of trying to provide employment to the very individuals that would be excluded from this position. i think that i do not feel comfortable voting for something that on its face seemed to exclude the appointment of these individuals and i hope that we
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recognize there is a need to recommend it, and if we cannot proceed, that we at least amend it. i think it sends the wrong message. i was not intending to speak to this, but what i have seen in business, and what came to was in the rules committee was pretty exemplary. that kind of conduct is something that we want to see happen. when business goes out of its way to target a population that has been ignored, and provides an opportunity for these individuals while still holding them accountable, i think it is something we should support. president chiu: colleagues, i was not aware that we were going to be debating this issue today, particularly because i thought there was still a version in a public safety. i might suggest a different way of going at this.
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what is challenging for this provision for many of us, including myself, is that applicants are required to sign a declaration under penalty of perjury stating that none of the employees are guilty of or have been convicted of various crimes. in earlier sections of this ordinance, it states that managers that control the operations are required to provide information about their conviction record, but it does not state that they cannot have a prior record. i think that is the appropriate standard. the criminal record of the employee still needs to be provided, but not creating an absolute bar. if that is an amendment that supervisor avalos and others are willing to accept, i am considering amending that today. but if it is to just strike this, i would prefer to have more of a conversation with the san francisco police department
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before that. i'm happy to have further discussion. supervisor campos: i'm done. supervisor avalos: president chiu, i was a bit distracted when you were expressing we were willing to do right now. if you could reiterate. president chiu: sure thing. our deputy city attorney just reminded me that if we are trying to make changes to this, except for voting to divide the file, this would have to go back to committee because it is a substantive change. right now, it states that any applicant for a parking lot operation needs to sign a declaration stating that none of the employees have a criminal record with regard to the specific crimes enumerated here. in another portion of the ordinance it states that the
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managers are operators of that body that could have a record, but it just needs to be disclosed. i think that is the appropriate standard. but this would need to go back to committee in order to be resolved in that way. again, my suggestion is that i would like to pass this ordinance and then work on the issue with public safety. but i do think that is a possible way to move through this. that is what i have at the moment supervisor campos: i think that depends on exactly what the language is that you have in mind. i would be open to that. the one thing i want to avoid is taking an action that somehow implies that you had a criminal record that a means you are not an appropriate candidate for employment in this industry. i think we have an example of people who, in fact, have that
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record and have, indeed, performed very well. any language that does that would be welcome. supervisor avalos: thank you, mr. chairman. i want to support this legislation and move its forward. to the value that we are trying to put new systems in place for security in our parking lots. to the idea that we had in committee it was that we would work on it in committee. i have already reached out to the police department to let them know that i want to change this legislation. and supervisor kim is all -- is also interested in as -- in at this as well. i feel comfortable living for and then coming back with a new version that we can pass -- moving forward and then coming
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back with a new version that we can pass. to indicate my preference about the legislation, i want to vote divided file, so i can oppose this language. but move the rest of the file forward. president chiu: i did not take myself off the roster. supervisor olague: as a member of the public safety committee, i was there for that discussion and i have the same perspective as supervisor avalos and i am comfortable moving it ahead. gregg's -- >> seeing none discussion about why we have -- do what supervisor avalos suggested it, two different roads. madam clerk? >supervisor avalos: aye. supervisor campos: aye.
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president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor olague: aye. supervisor weiner: aye. there are 11 eis. >> is passed on first read. president chiu: just for clarification, is that all of paragraph tell -- 12, or to a subsection of it? >> it would be halfway through line 15 of paragraph 12. . a period after up -- just put a period after "hours included." it would be struck.
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>president chiu: we are voting just on the section that starts on line 15 on page 6 and through line 21. if we could have a roll-call vote on that. supervisor avalos: just to be clear, i'm voting no on that section. supervisor avalos: no. supervisor campos: no. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: no. supervisor mar: no. supervisor olague: no. supervisor weiner: aye. there are six ayes and five nos. >> that portion stance. >> item 23 is an amended code before police department
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preservation in counter- terrorism activity. >> i do have a small amendment to make to delaet -- today's legislation. i have handed out copies to board members adding just one line. we have checked with the city attorney's office with this as to whether it requires us to refer back to committee. it was the original title of the ordinance that we had put through the board the first time. we want to retain that name for legislation as well. again, i can see that members of the audience have worked very closely and have worked diligently. i want to thank them and we're really excited about its final passage next tuesday. president chiu: supervisor kim has made the motion and she has described. is there a second?
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seconded by supervisor, los -- supervisor campos. without objection to bypass. >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 weiner: aye. there are 11 eis. >> the ordinance -- president chiu: the ordinance is passed on the first reading. [applause] item 24. >> an amendment to the board of directors. supervisor weiner: this actually begins a series of four exceptional candidates
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nominated by the mayor, or renominated. i want to thank the mayor for doing so. with respect to mr. heinicke, i have worked closely with him on a number of issues and he is someone who takes having good transportation in this city incredibly seriously. he understands the need for reform. he understands the need of reform for our tax system to make sure that we have adequate service for the public. and he is exactly the kind of person who needs to be on the mta board of directors. i thank the mayor for reappointing him. i thank him for his service. and i will be enthusiastically supporting the nomination today. president chiu: colleagues, can
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we take this same house, same call. without objection, the motion is approved. item 25. >> confirming the appointment of the mayor's appointment of thomas mazzucco to the commission. president chiu: same house, same call. item is approved. item 26. >> item nominating and appointing amelia jaunt to the help commission. supervisor kim: i do want to speak on the two new appointees that the mayor has appointed. i have been a longtime pan -- fan of ms. cecilia chung and i think she is going to be a valuable to the health services commission. it is good to have someone who has been a quiet and a patient in the public health system, someone who has been through many of our clinics and shelter
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system, and on top of that, been an advocate an expert on a variety of health issues. we're really excited to work with her on a variety of issues in our district and our city. i want to congratulate the mayor on this appointment. president chiu: can we take this item same house, same call? without objection, this motion is approved. >> item 27 is from the rules committee without recommendation. a motion reaffirming the appointment of suzy loftus to the police commission. president chiu: before folks speak i want to abolish all the folks that i know are here in support of the various -- i want to acknowledge all of the folks that i know are here in support of the various appointees. i would like to recognize, of paris. good to have you here. [applause] supervisor cohen. supervisor cohen: thank you.
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i would like to say, susie, if you could see the number of folks lining up to speak today competent it is a validation -- to speak today, it is a validation of the clear support. i want to say thank you to the mayor's office for putting up a fantastic allied in the women's community. i have been working with susie for years and i'm delighted to continue to work with your as we continue to address many of the public safety committee -- needs. she continues to serve as a role model not only to her daughters, but the daughters of all of san francisco. i enthusiastically supporting her today. supervisor weiner: i also strongly support ms. loftus. she will be a real asset to the commission. i was really surprised that she came out of rules with no recommendation, because it is harder -- hard to think of a
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more qualified candidates. these commissions are often thankless jobs, especially the police commission where you are subject to a lot of criticism. it is an enormous amount of work and i think we should be honored that susie is that -- is willing to do this. she understands the importance of effective and strong law enforcement, but also understands the importance of having a law enforcement with credibility in the community as the perfect balance. at 4 to working with you. supervisor campos: let me -- before i talk about this appointment, i do want to just say a few words about the prior item. i was very sick route -- very proud to support his reappointment. he has demonstrated he can work with all sides of the political spectrum. his leadership on the police commission has been very useful