Requirement. I think that if you ask most people in this room people also would agree that we wanted to make sure that kids have opportunity to catch on up credits so they can graduate. So i dont think that that is the question. I think for me, really the biggest question really is on the specifics and here the details do matter. We have a supplemental appropriation that is 2. 7 million. In terms of the 21st century funding that was lost that was only 1. 6 million. So thi there is a program extenn in the Program Level that we have to consider. So i think we would benefit from further understanding what the School Districts plans are in terms of this expansion. Its not simply to backfill lost funding. It is higher than that level. In addition i think there are fundmental questions about how it is the School District plans to continue to pay for this in the longterm. As you know, weve heard from the School District that their intention is to come to the city on a onetime basis but this is only Funding Source for half a year. And so hypothetically in the year the School District would have to pay for an annualized expense ongoing, year after year. So i think that we dont have an answer from the School District about what their intentions are. Nor do we have really the answer from the San Francisco unified School District about how they prioritize this in light of some of the other Budget Priorities that they may have. So i think we would benefit from having a continuance, but i do think these are very important questions to ask before we make this decision. So again i want to thank supervisor kim for the continuance. I do think that the cause is a worthy one. I think having credits that kids can catch up on is a good thing to have kids be able to graduate from our School District. But i think it matters about how the School District intends to prioritize this in their own budget. I think it matters about how they intend to continue supporting this in the long run. Thank you. President chiu supervisor elsbernd. Supervisor elsbernd thank you, mr. President. This is likely my last clans to chime in on something supervisor mar talked about because this is a bit of a precursor to the prop h discussion that you will have over the next 12 months. And hearing supervisor campos talk to some extent i felt if i closed my eyes i thought former supervisor now assemblyman ammiano saying the same things he would have said if he were here. On the prop h extension one thing i hope is discussed, as you move forward on that, is frankly a little bit more of truth in advertising on a very particular point that has frustrated me throughout the years prop h has been implemented and thats the inkind services. When supervisor ammiano put that forward, particularly when he campaigned frankly in my district throughout the west side what we heard a great deal about was inkind services. It wont be a significant hit on the city a general fund because we will begin to account for all the things the city already pays for whether it be puc paying for frankly later in this meeting, muni, the dollars that are going to go to youth fast passes. Those are inkind services. But School District, i mean has given us this much in inkind services. Theres been nothing of significance in inkind services. And there is a win win. Ive tried for years to make that happen. The city could save a little money on its general fund especially if we looked at inkind from the departments but that was consistently ignored. I hope as you develop extensions of prop h, if youre going to do it, do it. If not, fine. Lets be honest about it. Dont tell the voters that there will be inkind when there isnt as has been the case for the last 10 years. President chiu supervisor cohen. Supervisor cohen thank you. Thank you for agreeing to continue this item. This is an important policy discussion we need to continue. And i where i am uncomfortable lies more with the School District. I just would like to get a better understanding about their expansion plans and how they plan to support these expansion plans. I do particularly have a positive experience for the last two summers, working with providing supplemental Summer School instruction particularly for our High School Students inside district 10, ycd did an excellent job in providing summer enrichment as well as helping kids make that diploma. So in the future im sure we have representatives from the School District here. Id love to talk more about the understanding that you have a 1. 6 federal dollars missed out of your budget and if i can get a better understanding of how you get to 2. 7 million in your total request for money. Thank you. President chiu supervisor avalos. Supervisor avalos thank you, president chiu. I wasnt planning to speak on this. I was going to wait until it came back to us in a couple of weeks. But i couldnt help but react to the discussion about inkind services. I think theres a lot of things that we can say the School District provides to us that cant be counted. My wife is a school teacher. She works about 10, 11, sometimes 12 hours a day. And multiply that by thousands of teachers who are doing that kind of work, this 5,000 maybe they dont all work 10, 11, 12 hour days but a lot do and we are one of the Lowest Per Capita funding for students as a state and San Francisco, within the state of california, and were hardpressed to make sure our schools are well funded. I believe whatever we can give to the School District is going to be utilized to help improve educational experiences. We have a good plan for how this is going to be used. I think its a worthy plan, Worthy Services for youth that desperately need greater opportunity in life. I will be supporting this when it comes forward but there are so many intangibles that the School District provides us as a city that cannot be counted in any way. President chiu supervisor kim. Supervisor kim ill try to keep my comments brief. I want to say i find this conversation incredibly exciting and im glad we as a board are talking about what it needs to have a true cityschool partnership. I think its important for us as a city to have a discussion about what it costs to run schools. I had the opportunity to sit on the First Citizens Advisory Committee when prop h was created in march of 2004. You know, we fully funded prop h as the voters had asked us in its first three years that weve released funds to the School District. Unfortunately in the last five years we have pulled the trigger which allows us to cut what we give to the district by 25 . Over the last five years that means the city has reduced what the voters have asked us to give to the schools by 74 million. You know, when the city economy is weak, that is what the trigger was put in for. Theres clearly a reason as to why the city had to reduce this for the School District. But i think the emphasis behind where the supplemental came from as we ask the School District how are you going to fund these programs going into the future i hope we have a real conversation next year, as our city economy looks better and our city economy grows as to whether were going to pull the trigger again on prop h. I think that in last year, when we pulled the prop h trigger to me it had made sense because we didnt have a good budgetary forecast of what revenues were coming in. As the month of june was closing it looked more and more optimistic. As we look at the budget picture now i think many of us asked why did we pull the trigger last year and that was the reason why i introduced what i thought was a modest fundamental in the School District. Overall regardless of your position im excited that were engaging in a robust discussion of what it means to partner and support with our School District going forward. President chiu supervisor chu. Supervisor chu one other last point that did come up during the committee that i think is relevant and important. During the conversation, we also heard from the School District. They expect to end this current year with a 25, 26 Million Dollar fund balance. They are required to have 15 million in the bank for a fund balance. This tells me that they actually have some funding that they can utilize to deal with this issue. And so the question for me then if this is the School Districts priority, what is their intention in terms of the use of their own reserves to deal with a priority that they had set forward. So thats also a question i hope will be answered in the next week or so, so we can also understand and have further clarity from the School District on it. Again they have a 25 million, 26 million reserve that is currently sitting that they expect to end the year with. So this is something i think that is a relevant and important point in this discussion. They do have anticipated shortfalls in the future as we do so i know there will be many conversations around that. President chiu colleagues, unless theres additional conversation, supervisor kim has made a motion to continue this item to the 4th of december. I think that was seconded by supervisor mar. If we can do that without objection this item is continued to that date. Item 19. Clerk calvillo an ordinance amending the business and tax regulations code to provide for a district term of up to 40 years when assessments are pledged or applied to pay any bonds, financing leases or other similar obligations of the city and authorize the board of supervisors to require a waited twothirds vote of Business Owners to be assessed based on ballots cast as an alternative or additional procedure for establishing a Business Improvement district and levying assessments and clarifying existing positions and update references to state law. President chiu colleagues, roll call vote. Clerk calvillo on item 19, 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 olague, aye. Supervisor wiener, aye. There are 11 ayes. President chiu the ordinance is passed on the first reading. Item 20. Clerk calvillo a resolution declaring the intention of the board of supervisors to establish a business based Improvement District to be known as the moscone expansion district and to levy a multiyear assessment on defined Hotel Businesses in the district. President chiu colleagues, can we take this same house, same call . This resolution is adopted. Next item. Clerk calvillo item 21, resolution approving the Fourth Amendment to the Treasure Island Firefighting Training Center master lease between the Treasure Island Development Authority and the United States navy and extending the term. President chiu same house, same call. This resolution is adopted. Clerk calvillo item 22 is a resolution approving the agreement with sfo Shuttle Bus Company to provide Shuttle Bus Services at San Francisco International Airport in an amount not to exceed 105 million for a term december 1, 2012 through june 30, 2016 and approving three two year options. President chiu same house same call this resolution is adopted. Clerk calvillo item 23 is a resolution authorizing the Municipal Transportation Agency and department of Human Resources to retroactively an agreement with intercare holding ensures for Workers Compensation Third Party Services for an amount not to exceed 23. 6 million and for a term of three years with option to extend the term for up to an additional two years. President chiu same house same call, this resolution is adopted. Clerk calvillo item 24 resolution authorizing the department of Public Health to retroactively accept and expend a grant in the amount of 10,000 from California Wellness foundation for adolescent Health Education collaborative for the period of october 1, 2012 through september 30, 2014. President chiu same house same call, this resolution is adopted. Project proposed by gsw arena an affiliate of the golden gate state warriors to rehabilitate port property at piers 30 through 32 diesel on the piers multipurpose venue usable for Public Assembly uses and other events and develop a seawall lot 330 Residential Hotel and or restate uses and accessory parking is fiscally feasible and responsible under administrative code chapter 29 urging city and port officials to make evaluating the proposed project among its highest priorities and taking appropriate steps for further Environmental Review of the proposed project. President chiu supervisor kim. Supervisor kim colleagues, thank you. This is a resolution before us that is just beginning a process of approvals for the Golden State Warriors in their proposed project to rehabilitate pier 3032 and develop a multipurpose venue on pier 3032 and seawall lot. This declaration is both fiscally feasible and responsible owrpd your administrative code chapter 29. I just want to make a couple of comments, and also wanted to introduce a clarification amendment which ive distributed to members of the board of supervisors, based actually on advice from our city attorney. Just a couple of things. There has been a lot of concerns in consternations of residents from our neighborhoods in south beach, rincon hill and mission bay around the speed this process is going. Given the timeline that Golden State Warriors with their lease expiring in oakland in 2017. I understand the reason for the pace of the project but we have of course asked for a balance to be struck, given many of the concerns that residents have around traffic and noise and density, and also how we as a city is going to respond to the increased infrastructure demands with this arena in place. I do want to thank the city and the warriors for agreeing to some kind of slow down to certain level of for example, moving oir eir scoping meeting from middecember not midst of the holidays when residents are with their families and employees and pushing that to midjanuary and also requiring that our Citizens Advisory Committee, which was set up to advise both the board of supervisors and the Mayors Office on this project, have at least two meetings in their cap meetings to discuss the term sheet before it comes to the full board and to allow the Citizens Advisory Committee to actually give the board and city feedback on the term sheet before we get a chance to actually discuss it and vote for it. So i did make a series of amendment at Budget Committee that would mandate that but did want to submit a clarifying amendment as proposed by our city attorney, and this is just an amendment to page 11, line 17, that further resolve that the board of supervisors will not take action on the term sheet, that pier 3032 ground lease and seawall lot 30 or amendments to the water plan until after pier 3032 cac holds meeting to discuss those items. So i do want to again appreciate those. I think the most important thing at this point is a substantive and robust discussion and process that is meaningful. I think at the end of the day it will and on a better project both for this neighborhood and for the city and i look forward to that engagement. I really want to thank our neighborhood and Community Leaders for being respectful of the process and agreeing to participate in this. It could be something that people could set out and just say we oppose it, no way, were not going to participate. But i really want to give it up for our residents for really approaching this in a respectful way and being openminded and trying to work with the warriors on putting forward the best process. President chiu thank you. Supervisor kim has made a motion to amend. Seconded by supervisor campos. Supervisor campos thank you, mr. President. I just want to briefly note that i welcome the amendment by supervisor kim. I think its really important, as this matter moves forward, that we involved the community as much as possible. And i think that making sure that there is a full vetting of this item through the cac is important. I think ultimately that will benefit the project, and i appreciate the fact that the folks who have been working on this project have been trying to do that outreach. And, you know, we want to see that effort continue. And i do think that the more outreach and the more involvement by the community, i think the better we all will be. So i welcome the amendment and will be supporting the item with that. Thank you. President chiu supervisor chu. Supervisor chu thank you very much. I did have some questions about the amendment but i think in Budget Committee we did take action to amend the legislation to include information about making sure that future discretionary approvals are actually run by the cac and urging cac to hold meetings prior to us having the term sheet ahead of us. So this language is actually stronger in terms of actually saying explicitly that the board of supervisors will not take action on the term sheet or any other items that are listed here, until the cac holds meeting. So i just wanted to clarify from the city attorneys point of view, i know this is a resolution and so in many ways its not necessarily a binding piece of legislation so technically the board could still act. However it does signal an intent so i wanted to ask office of economic and workforce development, in terms of the cac actually being able to schedule a meeting who actually controls making sure that we actually have timely meetings that are set up to review these items . I think its important that the cac look at these items but if we were to have individuals who maybe didnt want to see it move forward if they chose not to have meetings would that then put the board in a bad situation where we would have passed a piece of legislation and said we will not take action until they hear it but no meetings have been scheduled. Can you explain that for me. President chiu ms. Matz. Thank you through the chair, Jennifer Matz from the office of economic and workforce development. Just in the last week weve been better trying to organize our outreach to the cac including the intention to set up twice monthly meetings that would be standing meetings on the first and third mondays thats not set yet. Part of the idea is to establish regular meetings that we hold quite frequently including setting up subcommittee structures that allows smaller groups to delve into discreet issues involving the arena project in a more substantive way and of course reporting back to a full cac. So im confident that we will have ongoing and regular meetings between now and, you know, really throughout 2013. I wouldnt want to bind or prohibit the board of supervisors from being able to act if a particular meeting did not occur but it is certainly our intention to be having robust meetings over the next year. Supervisor kim and then to supervisor chu in terms of holding these cac pleeghts if you dont have a quorum of cac members so we not only have a number of cac members, we also have alternatives and as a result were able to draw upon those alternates to fill a quorum for the cac. I think the total number is we have 16 members and 16 alternates as well. Supervisor chu i could be wrong about the number of alternates. So i think its our intention that we would be able to reach quorum for those meetings. I think our intention would be to schedule them early enough to ensure that we can meet the deadlines that we have here at the board of supervisors, as they will come up this spring. I certainly think urging language rather than requiring language we would heed the urge and it is fully our intention to have these meetings on a twice monthly basis. Supervisor chu thank you. So given that, i appreciate the comments of oewd and their intention to hold meetings, to be able to make sure that we meet these, and im positive that you will continue to do that and we will have meetings that are actually held before the cac and they will be able to review all of these documents. I do feel uncomfortable with binding the boards action even though this is a resolution. And so i will be supporting underlying item but not the amendment. Thank you. President chiu is there any further discussion . Lets take a roll call vote on the motion to amend. Clerk calvillo supervisor avalos, aye. Supervisor campos, aye. President chiu, aye. Supervisor chu, no. Supervisor cohen, aye. Supervisor elsbernd, no. Supervisor farrell, no. Supervisor kim, aye. Supervisor mar, aye. Supervisor olague, aye. Supervisor wiener, aye. There are eight ayes and three nos. President chiu motion to amend passes. Unless there is further discussion, lets take a roll call vote on the underlying resolution as amended. Clerk calvillo on item 25 as amended, 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 olague, aye. Supervisor wiener, aye. There are 11 ayes. President chiu the resolution is adopted. Item 26. Clerk calvillo item 26 is a resolution authorizing the department of environment to retroactively accept and expend a grant in the amount 400,000 from the u. S. Department of environment, Environmental Protection to support brown fields assessment projects. President chiu same house same call . This resolution is adopted. Item 27. Clerk calvillo item 27 resolution authorizing the department of Emergency Management to retroactively accept and expend a fiscal year 2012 Program Grant in the amount of 29 million from the Us Department of Homeland Security through the california Emergency Management agency for the periods of october 12, 2012 through may 31, 2014. President chiu same house same call, the resolution is adopted. Clerk calvillo item 28 a mast lease extension for the department of ha Public Health n Mission Street for approximately 32. 36 million per month with annual increases. President chiu same house same call, this resolution is adopted. Next item. Clerk calvillo item 29 is a resolution authorizing the department of Public Health to retroactively accept and dispend a grant in the amount of approximately 197. 1 to participate in a Program Monitoring project for the period july 1, 2012 through may 31, 2013. President chiu same house same call, this resolution is adopted. Next item. Clerk calvillo item 30, resolution authorizing the department of Public Health to rets actively accept and expend a grant in the amount of 300,000 to participate in a program entitled enhancing engagement in retention in quality hiv care for transgenders women of color for the period september 1, 2012 through 30, 2013. President chiu same house same call, this resolution is adopted. Clerk calvillo item 31, resolution authorizing the department of Public Health to retroactively accept and expend a grant in the amount of 300,000 to participate in a program entitled special projects of National Significance Program Building a medical home for multiply diagnosed hiv positive homeless populations for the nh period september 1, 2013 through august 30, 2013. President chiu same house same call this resolution is adopted. Clerk calvillo amending the police code to prohibit nudity on public streets, sidewalks, streed medians, plazas and on Public Transit vehicles, stations, platforms and stops, except as permitted in parades, fairs and festivals. Supervisor chiu supervisor wiener. Supervisor wiener thank you, mr. President. And welcome, everyone. Colleagues, today, we have before us legislation restricting public nudity in parts of San Francisco. This legislation, which is much more narrow than the broad nudity ban that has been in place in our parks and port for decades acknowledges that public nudity in part of San Francisco, and that its appropriate in some circumstances. The legislation also acknowledges that public nudity is not always appropriate and particularly in our neighborhoods and commercial districts, where we all have to together, public nudity can go too far. For many years, public nudity has been part of San Francisco. We have it at our street fairs, parades, beaches, some of our bars, and the occasional and sporadic naked person wandering our streets. For many years it wasnt a big deal and few people cared. Over the past two years, the situation on our streets and particularly in the castro has changed. Its no longer random and sporadic. Its no longer an occasional quirky part of San Francisco. Rather than in the castro its seven days a week, pretty much every single day in this neighborhood where people live, work, play, and conduct their lives. This legislation is not about cock rings but not the hart of what this legislation is about, which is that seven days a week, men, and its almost always men but not always, stand at castro market and often elsewhere, displaying genitals to anyone walking, driving, or just passing by. Its very much a hey, look what i have mentality. Were seeing it in some other neighborhoods as well. The situation in the castro, which has become extreme, developed around the time i took office. There were immediate calls on me resisted those calls for almost two years, because its not what i wanted to do. I did not want to restrict public nudity, because although i have disagreements with the opponents of this legislation, i viewpoint. Believed that the situation in theajpho castro would run its c. But the situation has not run its course. Upoinstead, its only gotten moe consistent and more over the top. Many people in this neighborhood are over it, and believe its time to take action. And after two years, i now agree. This legislation, colleagues, is significantly more narrow jpvz n the broad public nudity bans that have been in place for over 30 years in our parks, and more than a decade at our port. It is narrower in terms of the body parts covered. It is narrower in that it does not require that it ever be charged as a misdemeanor. It can be charged as an infraction indefinitely. And in addition, unlike in our parks, this legislation creates a broad and blanket exemption for street fairs, festivals and parades unlike our parks code for example during the pride parade it is technically illegal to be naked in City Center Plaza which is a park. In addition this legislation has no application at all to beaches, or of course to private property. The castro and San Francisco in
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