Testing one 2 three. Testing. Good afternoon everybody and welcome to the San Francisco board of supervisors meeting for tuesday, june 21, 2016. Madam clerk can you please call the roll. Supervisor supervisor avalos. Present. Breed present. Supervisor cam pos present. Mar absent. Supervisor peskin present. Supervisor wiener present. Yee present. There is a quorum. Ladies and gentlemen can you please join us in the pledge of allegiance. Pledge of allegiance. Thank you madam clerk are there any communications. Yes madam president. Is there a motion to excuse supervisor mar colleagues can we take this without objection supervisor mar is excused. Any changes to the may Meeting Minutes . Seeing no names on the roster is there a motion to approve those minutes. Motion by supervisor cam pos and colleagues can we take that n without objection those Meeting Minutes will be passed after Public Comment. All right madam clerk please read the consent agenda. Consent calendar. Considered routine. All right seeing no names on the roster madam clerk please call the roll. Breed aye. Campos aye. Cohen aye. Supervisor farrell aye. Supervisor peskin aye. Tang aye aye. Wiener aye. There are ten ayes. Item number 3 an order San Francisco sustainable financing and improvements to privately owned buildings and property. The ordinance is finally passed unanimously. Item number 4. Same house same call without objection ordinance is finally passed unanimously. Mad item number 5. Fiscal years ending 2017 and june 30th 2018. , 2018. Same house same call. Without objection those ordinances are finally passed unanimously. Item number 7 ordinance. Same house same call the ordinance is finally passed unanimously. Item number 8 please. Would you like me to call 8 and 9 together . No, just 8. Item number 8. Supervisor peskin. Thank you madam president and colleagues as we are all aware this is the result of several years of work by the Planning Department the mayor and our colleague supervisor tang and obviously we need to have a general plan amendment if we are to enact some form of the Affordable HousingBonus Program that is the subject of the next item or the alternative that was proposed by myself and supervisor mar as well as any mixed use or mixed Income HousingBonus Programs that are trailing in committee however as i discussed at the Land Use Committee i believe that the general plan amendment can be and should be more narrowly taylored and im urging that we vote down the general plan and direct the department to come forward with a more narrowly taylored amendment that cannot be used to redevelop vast swaths of the city and vote that down and i look that forward and realize and acknowledge that this matter has been contentio u. S. Supervisor peskin just for clarity, what will be the process if this is voted down for the Planning Department to go back to the drawing board . What is your expectation of the conclusion of this plan that becomes that would come before us since we cant necessarily amend the plan and to clarify what you expect. That would be the subject of a process with Community Stake holders and members of this body but for instance there are parts we can only vote the general plan amendment up or down and not in any way craft it and i have constituents in chinatown. There are similar ways that we can craft the amendment and i look forward to doing that with Planning Department staff. Okay so you are proposing something thats not necessarily a general plan but specific to each unique neighborhood within the general plan. Correct and i think its not a one size fits all solution. Its just a set of asterisks. I share the concern just to state what the language is that were amending into the general plan its to quote encourage greater levels of affordability on site and the city may adopt and as the name of the plan implies the general plan is general. It serves to provide parameters around future decisions and this board will make and today ill be supporting the general plan amendment i believe it also helps us conform with decisions that weve taken and for example we as a board of supervisors have voted to increase the height for projects and voters have decided to increase the height for projects such as pier 70 but i fully understand it and am happy to work with planning staff to make sure we can narrowly taylor the language. Thank you supervisor tang. Supervisor wiener . I dont know why they were called separately. Weve only called item number 8. Ill be supporting this general plan amendment. Ill reserve my comments on the underlying housing policy issue for the subsequent item. Okay. Supervisor peskin . So madam president in conferring with our deputy City Attorney i have some questions that id like to ask right now that i dont know that hes prepared to answer but to put this in larger procedural context this board has 90 days to act on a general plan amendment from the date that it is forwarded by the Planning Department and the Planning Commission to this body. The 90 days expires on july 6th. If the board does not act by that date the general plan amendment is deemed to be passed. If the board adopts it within that 90day period it is adopted and if the board rejects it in that 90day period its deemed rejected so my question in so far as we dont have a full compliment of supervisors today if theres a five five tie, is it deemed approved or is it deemed not approved . Deputy City Attorney. Im trying to get some consensus in my office. The charter on this states that the Commission Shall recommended that the board approve or reject and if the board fails to act within 90 days the general plan amendment shall be deemed approved and as you discussed im looking back to see what our previous advice has been. Cant answer that on the fly but i will have an answer. I suggest we come back to this item and skip over item number 9 until we get some advice from deputy City Attorney and his office. Supervisor campos . I dont understand why there would be a question about that. If you dont have a majority of the supervisors supporting or approving an item that means theres no approval and i dont understand what the issue is. Right. In other circumstances where the board is considering an ordinance if the vote is five to five it fails it does not pass. The Planning Commission shall send general plan for approval or rejection. Do you apply the rule that would apply to other types of ordinances where a 55 tie results in disapproval and thats a question that were looking into right now. Okay supervisor campos . Seeing no names on the roster im going to take this opportunity to ask the director who is here a question specifically about this particular request. Its my understanding thank you for being here, the director of the Planning Department its my understanding is that on a routine basis we have approved a general amendment plan which gives us a guideline or a blue print to look at planning related matters throughout the city and county of San Francisco but we also specifically as supervisor tang has noted often times we negotiate and work on specific projects that may be larger in scale or may require Something Different based on neighborhood character and we usually have a general sense of this particular plan and were able to tailor specific projects to meet the needs of a specific neighborhood whether they are for or against it. When was the last time we passed a general plan and how is it different from what we have done in the past . I think theres a number of general plan amendments that you approve every year and as supervisor peskin mentioned the way the charter is constructed the board cannot amend that general plan and either approve or disapprove or its deemed approved. They sometimes happen with some of those zoning actions and i believe there might have been such an action but i dont recall specifically but the general plan does not rezone any property thats the planning code that would do that. It does not in and of itself we can not change zoning or change any other actions without changing the planning code as well. Last but not least it does not at all in any way include market rate housing . The overall Bonus Program allowed for this would allow for market rate housing developments, if the planning code is changed, it would allow for developments to have more density or go taller so it applies to the combined market and affordable if you will. Okay but its specific to Affordable Housing solely in that regard. So supervisor tang will be skipping over 9 as well until we have an answer on item number 8. All right. Item number 10 madam clerk. A motion confirming the mayors reappointment to the Port Commission term ending may 21, 2020. All right colleagues can we take this item same house same call without objection the motion is approved unanimously. Item 11 please. A motion confirming the mayors appointment to the Municipal Transportation Agency board of directors term ending march 1st. It has been quite sometime since that seat has been filled especially by someone representing some of the outer neighborhoods such as the west side of town and i want to acknowledge former director jerry lee and im glad to see the mayor has decided to appoint someone to this board who can understand the challenges with families children and getting them to and from school as well as trying to manage work at the same time and especially from neighborhoods that generally have challenges with Public Transportation and i urge this board to support lee hsu. I hold nothing against him but it seems to be he sounds very good on education policy but seems to be lacking on transportation policy and i mean him no offense and i understand that hes a good man but i dont think that he has the qualifications relative to transportation and respectfully i will be voting no. Supervisor cohen . I too raise some questions about mr. Lee he didnt fully demonstrate a working and indepth of knowledge that would that made me feel very comfortable in supporting his candidacy moving forward and want to go on record that im going to be considering changing my vote on that thank you. Thank you supervisor cohen supervisor yee . Ive known mr. Hsu for a while. It would be really good for us to have somebody from the western side as they can see that hes gonna be filling from someone that passed away that lived in the same area so i will be supporting mr. Hsu for this appointment. Thank you madam clerk please call the roll. Breed aye. Campos aye. Cohen no. Supervisor farrell aye. Supervisor kim aye. Supervisor peskin no. Supervisor tang aye. Supervisor wiener aye. Supervisor yee aye. Supervisor avalos aye. 9 ayes and 2 nos. The motion is approved. Next item please. Item number 12. Roll call vote. Breed aye. Campos aye. Cohen aye. Supervisor farrell aye. Supervisor kim aye. Supervisor peskin aye. Supervisor tang aye. Supervisor wiener aye. Supervisor yee aye. Supervisor avalos aye. Ten ayes. The motion is approved unanimously. Its time for our 230 commendation. Supervisor avalos has a 230 commendation. Thank you looks like were ready. Id like to call mr. Gilbert brigham to the podium. So today im honoring Gilbert Brigham and i know as gil and he has been there providing Senior Services for many many years probably about 30 years 3 decades maybe okay not quite so gilbert was born in harlem in new york during the Great Depression and was raised by his mother and grandfather while his father lived mainly in chicago despite being surrounded by poverty gilbert and his family had middle class values. Mr. Brigham went to Catholic School and object contained a certificate of attendance but no diploma because his family was unable to afford tuition payments. His life turned when he enlisted into the navy during the korean war and almost rejected because of high school and graduation documents. On duty in the navy he served in a cb which built bases and spent his service in the philippines and this period of his life was eye opening and very much fulfilling. He had rapid promotions and after 8 years in the navy and honorable ly discharged in San Francisco where his ship figuratively dropped anchor mr. Brigham was immediately employed by United Airlines in the supply department and he is now a retired chief warrant officer. After United Airlines he worked in City Government for almost 20 years serving under 3 mayoral administrations. Most recently he has been a beacon of stability and friendship and care at the Community Center and ive worked with gil for a number of years and its always been wonderful to see how much you are revered and adored and you see that seniors have companion ship and opportunities for exercise and you have given this service for years in the neighborhood and i want to say thank you for your Great Service for that and theres a few rumors about mr. Brigham that i think are important to share or clear up. Gil had a brazilian restaurant on 24th street and gil loves to collect ties and as you can see he has a fancy tie now and both he and e u. N. Ice love carnival and dancing and taking part with all the floats. Mr. Brigham has been a wonderful asset in the neighborhood and is now going to be retiring and i cant imagine someone who has spent so much time doing great work with the elderly actually retiring but im sure you will still be around in different form and look forward to seeing you back at the Community Center. Mr. Brigham. Thank you supervisors. I really have a tough time dealing with this situation. I want to retire i think its timely for me to retire and i also feel that its better to have these complementary words when you are in the up right position as opposed to the horizontal and i really do appreciate the kind words but i want to just say that whatever work that i did that im being commended for it really was personally good for me and i enjoyed it and im the one that got the pleasure out of it and so anything that goes beyond that i deeply appreciate and i appreciate your comments. Thank you very much. [applause] closer please to take the photo. [laughter] congratulations again and thank you for your service. [applause] thank you. We now have another commendation from supervisor kim. Thank you and i want to ask leslie and Angela Campbell to please come up to the podium. A couple of weeks ago as many of you read about in the press we lost a member of our city and our community mitzi Rene Campbell to an act of violence and we want to honor her lifes work dedicated to her family and loved ones. She was a grandmother and a mother and one of those special people who could make anyone smile or laugh and simply spread joy wherever she went. Mitzi loved to have fun and loved to dance while she worked and fillet fill, a room with joy and laughter. Mitzi was one of the many workers that was part of helping to make San Francisco stronger. She was a proud member of laborer 261 and theres a go fund me account that has been created in her memory and funds will go to the family to be used for burial expenses and its important that we remember to give back to the very family that she was here to support and i did want to recognize her son leslie who is here today so that we could recognize this remarkable woman so im going to hand over the mic to you. Thank you. Yes. That does describe my mom a whole lot. It has been a tremendous loss for my family and coworkers my mom was born in the Western Addition where she moved with her mom and siblings in Elementary School and grew up in the ingle side district and i remember going to school with this young lady right here and i want to thank you all and like i said its been a very trying time for my daughter who spent a lot of time with her grandmother. She just received an award from obama for scoring the highest in science out of 700 and some odd students in her school that took place wednesday and friday morning my mom went to work and talked with 2 friends and about 9 13 got off the phone with her niece and about 930 we got the tragedy news so i want to say thank you for allowing me and my wife here to be able to come and you guys keeping her name and family in prayer and everything so i really thank you and thank you to cahill and this opportunity with this city bill i believe and i want to say thank you to San Francisco for keeping good programs in place for our community. Thank you for being here and i also want to give president breed an opportunity to say some words and supervisor cohen. Leslie i just wanted to say your family is in our thoughts and prayers and i was with my mom when this happened to your mom and our thoughts go out to you and your family and i know supervisor farrell immediately adjourned the meeting and we appreciate her service to the city and our heart truly goes out to you and your family and were happy that you are here with us today to share with us a few words about her and thank you so much for taking the time to be here. Supervisor cohen. Sorry that such unfortunate circumstances bring you here to the chamber and if we take a moment to reflect on the, man that you have grownup to be is a positive reflection on your mother and you should be proud of that and the cohen family will be lifting you up in prayer. Thank you. Thank you again for being here our thoughts will continue to be with you and your family. Okay and thank you supervisor kim. All right with that well go back to our regular business of the board. Madam clerk, can we skip over and go to our Committee Reports . Yes. Items 19 and 20 were considered by the budget and finance committee and were forwarded as Committee Reports. Roll call vote. Would you like me to call the items separately . There are a number of them. Call item 19 first please. 19 and 20 together . Yes. Item 19 was amended in committee with a new title designating San Francisco print media to be the official newspapers of the city and county of San Francisco. Item 20 was amended in Committee Also with a new title designating sf weekly and San Francisco bayview to be the periodicals for the Africanamerican Community and sf weekly to be the outreach periodicals for the Hispanic Community and central city extra for the tenderloin neighborhoods and marina times. Supervisor peskin . Thank you madam president. I rise to oppose the changes made in committee on item 19. I think it sets a terrible precedent and example when one of the bidders did not respond within the bid time frame only to have this board reward that behavior. One of the bidders i understand that the past practice has been to split but that was when both of the bidders bid timely and in so far as one of the bidders failed to bid at all until long after the bid period closed, i dont think that this body should be rewarding that kind of behavior. I mean this is sending a message in this city that does rfps that require people to play by the rules to say that you can miss the deadline and then be rewarded after the fact i think that is a terrible precedent and ill be voting against item number 19. Supervisor peskin what about item number 20 . I have no problem with 20. Okay supervisor wiener. Thank you and this is actually the first time for me in committee dealing with these issues before and i have to say i was not pleased by the whole process the fact that this is not a criticism at all of the staff but the process is theres something wrong with it and for item 20 what the process yielded was a recommendation that sf weekly and no offense against sf weekly, but the sole noticing periodical for the Lgbt Community and Latino Community and there are issues with this process period and we fixed that in committee by including those publications not removing sf weekly but adding and the chronicle did state during Public Comment in committee that they received no notice to bid and that they bid when they learned it was after the fact. Obviously we were not part of that process but that is what the chronicle stated and i dont want to speak for the whole committee but i would rather be more liberal about including periodicals than excluding and if we are using both the examiner and the chronicle i think we achieve that but the process as a whole is problematic and i will just state that for the record. Thank you supervisor wiener and i just want to add the process as a whole is definitely problematic with regard to some of the very grass roots newspapers and the barriers that those particular newspapers have to jump over in order to be considered is definitely problematic and we should look at the process but in the meantime i dont necessarily believe that we should slow down moving forward with this in order to make sure that we are actually advertising the kinds of things that we need to advertise and get out there to the public as much as the process clearly is broken it doesnt mean that we should stop it overall. Supervisor farrell . Thank you madam president and i echo supervisor peskins concerns overall and to give you an example originally when this was brought up it was i believe there were 4 printers in the city of San Francisco and now theres only one and i would just say i think we should be incl u. S. Ive and have i think this is a time and im glad to hear my colleagues comment on this. Im very happy to support what came out of committee. Thank you supervisor cohen. Hold on and listen to my concerns. I remember the past 2 years having questions about the is it entire process but i have a problem that came out of committee and particularly the potrero view which is a new publication and im familiar with the potrero and the bayview. It has not done a very good job when it comes to covering the south side of the hill let alone evenvisitation valley. I checked with supervisor kim and she hadnt heard and i am actually going to be voting no on this and i hope colleagues will vote this down with me and its actually flawed and its gotten away from us on this and id like to definitely reconsider particularly when im thinking about the vulnerable communities that are in the southeast part of San Francisco real concerns. Supervisor peskin. Its actually been troublesome for a number of years since a Ballot Initiative that was put on by other parties has passed and nonetheless that Ballot Initiative does give the board to have the discretion that were exercising today but gives staff some very specific instructions including whether the publication is printed in the city and county of San Francisco and as supervisor farrell said theres less and less indeed only one daily thats currently printed in the city. Having said that the historic practice of this board has been and i think correctly to try to get official city advertising into as many communities geographic ethnic as possible. That is not what is going on in item number 19. Its not that we are advertising in both papers at the same time. The way the proposal thats before us is that the advertising happened in one paper for 6 months and the other paper for 6 months and is confusing to the consumer. In any event the chronicle did not submit timely and i heard the words of supervisor wiener but i defer to our staff who represented to this board of supervisors that indeed the chronicle was outreached to and indeed they did not respond and that they actually and i dont want to put words in her mouth but that they actually admitted they just blew the deadline and missed the notice i cannot think that this board would reward that. I dont think that this board should reward somebody who did not respond timely. In all of these other cases of outreach people responded timely but they didnt meet various criteria under that proposition that was passed many years ago. That is certainly the will of the board to advertise even though they are not printed in the city but thats not the case with item number 19 and with that id like to ask miss domingo if she could clarify. Is miss domingo here today . Yes she is. Good afternoon supervisors. Im the assistant director at oca and we are responsible for the procurement process and reporting to you on the evaluation, reporting our findings to you so that the board can recommend the papers that will become the official advertising and supervisor peskin is right in that this year unlike last year, the San Francisco chronicle bid is considered non responsive meaning that they were notified along with the examiner but they did not turn their bid in on time. We did receive their bid and they met all but one of the admin code requirements which is that their paper is not printed in the San Francisco area and that speaks to item number 19. Thank you. Supervisor peskin, is there anything further . Rather than reject item 19 i think we should go with staffs recommendation as was made before the committee amended in the non responsive bidder. Okay. Supervisor campos . Thank you very much also to staff for the presentation. Unless theres any evidence to the contemporary that disputes in fact that the chronicle was notified i think that we have to respect the process and i think that we should go back to the original recommendation from staff i think that if the process was gonna mean anything, people have to follow it and i think that a sophisticated player like the chronicle should be able to comply with the rules that were set out by the city. Supervisor kim . Thank you miss domingo we were both at the committee when the chronicle stated that they had not gotten the notice and i assume that to be the case. Could you clarify ocas response to that statement . The standard oca practice is that when we put bids in solicitation out, we send outreach emails to all vendors who have participated in past bids and then we did the same and we have documentation that we did send an email to the chronicle and the examiner the same address we use every year and when we did not receive a bid from the chronicle, we called them to find out why they did not bid and it was at that time that they missed the email. I see and so an email went out to both newspapers and the examiner did manage to submit a bid on time and the chronicle did not. Thank you for that clarification. Im sorry maam you are out of order. Supervisor yee . I want to thank you for this clarification because at the Committee Meeting i only heard one side of this and thats why i supported the amendment at the time. Hearing what i just heard today im gonna be supporting supervisor peskins motion to support the staffs original recommendation. Thank you. Supervisor cohen . Correct me if im wrong but i seem to remember the chronicle meeting the deadline last year. No, they did meet the deadline last year just that they were non responsive. What trouble does the San Francisco chronicle have. The administrative code does say we would like our official newspapers to print within the city limits. Have they had the contract before even though they print outside San Francisco . Correct. What special circumstances did they present to you that allowed this waiver to go on . Usually every year again as oca we will put out the solicitation and report to you what our findings are and how weve evaluated and usually recommend only the bidders who are responsive meaning that they are here on time and responsible which means they meet all the requirements and then leave it up to the board. I understand that but the chronicle has already demonstrated that but yet they still have been able to be awarded the contract so my question is whats the difference in this particular case . For what reason should i honor the request that supervisor peskin is putting forward . The only difference this year is that they did not turn their bid in on time and thats the reason why we did not recommend them and usually in the past, yes, the board typically has allowed both papers to be the official even though the chronicle did not meet all the requirements and they have typically shared it every year 6 months at a time. Id imagine theres some kind of cost associated with this what is the cost or the amount of money in revenue thats generated than if it the examiner is the sole paper . I would imagine its cheaper . Typically what we estimate the spending this year is approximately 420,000 for official advertising and based on what was submitted, the chronicle is slightly more expensive than the examiner as well but typically that has been no different from past years as well. So i guess i still dont really understand why in past years we allowed the chronicle to fly. Thank you im done. Thank you madam president. Is there someone from the chronicle here . Maam, might i ask you to respond to the question of timeliness . I think its only fair we have this discussion. Yes, sir. My name is Diane Fitzgibbon from the San Francisco chronicle and previous years we have met the deadline for the bid. This particular year we did not receive an email. I received a phone call from david boue from the Contract Administration office a week later asking where our bid was and when i checked all of my emails our spam filters and everything the email wasnt there. Mr. Boue sent me a pdf of email and my email was formatted incorrectly and the email for the examiner was correct and thats why we did not receive the email. After conversations with the head of the contract admin office we did receive permission to submit the bid but jacki fong was on vacation that week so it was 2 weeks before we were able to submit the bid and only because we did not receive the email prior to the deadline. Had we been notified i would have submitted that bid immediately. Ive been working on this bid now for 15 years so im on top of it all the time. Supervisor farrell . The address was wrong . Just as she said she didnt know until we called her which was unusual. Okay. Is that it supervisor farrell . Yes. Can i ask you a question about the San Francisco print media doing business as sf weekly as well as Small Business exchange with estimated total of 65, 000 africanamericans supposedly reached, how do you verify or determine those numbers . I mean for example as an africanamerican, the only newspaper that i have access to on this list is the San Francisco bayview. Correct. In the community specifically not just necessarily at my home. Oca reached out to 49 local newspapers in time and we know that were going to be spending a little bit more time on the outreach newspapers because they are smaller businesses and after reaching out to 49 local newspapers we received ten bids and none of them came in on time and that meant no one had a complete bid on time and one of those bids that we received withdrew because they could not meet the requirements of the bid. One of the things this bid allows is for the vendors to self certify what categories they want to be recognized and sf weekly chose to certify themselves in the Community Outreach area so we dont have any requirements within the bid that designates any kind of newspaper into any category and we also do not require that they approve their publication circulation but sf weekly is one of the two vendors who actually have third party audited circulation which they submitted to us. Thank you. Supervisor campos . May i ask you . Unfortunately i dont have that with me. I do not have that information but i will get that to you. Have you sent that email that you have used before . Yes, we have used it in the past every year. Thats our outreach email that we have. Did you receive any notice that their email had changed . Nothing formally that was on record atthat time. Okay. To the chronicle if i may, is the email address, is that the correct email address . Maam you would need to go to the microphone. Yes, supervisor, that is my email address however when i asked david boue to forward the email to me he didnt do that. He sent me a pdf with quotation marks around it and sometimes it wont go through just from personal experience i know that so ive had to remove those quotation remarks in order for it to go through. I checked spam email and junk email and it was nowhere to be found. Do you have any document that shows that . Document of what sir . Well, what you have here is staff that is saying we sent it to this email address and they say that they have proof and documentation to do that and you are saying that the email address that they say they sent it to is the correct email address and yet you are saying that you didnt get it, well, we have to go by the facts and the evidence and i havent gotten anything right now that says that what staff is saying is not true. I wasnt prepared for this discussion. I would be happy to go to our it department and have them look through the email records and i have the pdf that david boue sent me showing how my email is formatted. My point would be, colleagues, if there is a dispute then i think the person thats challenging has the burden to show and not only that but here you have someone who is saying they have been working on this for 15 years and i would think that having worked on this for 15 years this is something that you would be waiting for for this to be requested and if it was your first rodeo i would say its understandable but your fifteenth rodeo its hard to believe whats being said. I dont have a question. Thank you. Thank you very much. Supervisor kim . I just want to clarify again i know you mentioned this at Budget Committee but which are the papers again that do print in San Francisco . I wanted to add that in addition to sending the vendor email we posted it publicly on the citys website. Did you postit in any newspaper . No, we did not. If someone is checking the website as vendors should, then it is listed on there. Thank you. Supervisor kim . With regards to the outreach newspapers and the official the newspapers that do print in San Francisco are the San Francisco examiner, Small Business exchange, sf weekly, Jasmine Blue Media doing business as, marina times and potrero view, bay area reporter and city extra. Thank you very much. Thank you seeing no other names on the roster, clearly i mean i just want to be clear from my perspective we should approve item number 19 as amended previously and we should maybe continue or reconsider item number 20 and the reason why i support item number 19 is because the chronicle and the examiner basically are newspapers that have a broad circulation throughout the city and county of San Francisco and i realize that there are some concerns here but the reality is those are the kinds of newspapers that members of the public read on a daytoday basis and i think eliminating the chronicle from this particular equation eliminates a large constituency of people that deserve to have a right to know what the city and county of San Francisco is doing. We know the process is flawed and im not particularly a fan as i have said over the years of how were selecting our Community Newspapers and im happy to work on making certain adjustments to that but im definitely going to be supporting item number 19 and im open to making changes to item number 20. Supervisor campos. For me its not about eliminating one paper or the other. Each paper brings a benefit and have strong circulation but its about the rules and i have a question did supervisor peskin make a motion to amend the amended item to the original recommendation by taking out the chronicle and simply leaving the examiner i dont think i said the magic words. I moved to but i certainly intend to and if you would like to consider it or like to second it, ill make a motion to go with the original recommendation of staff of item 19. Ill make a motion to amend to take out the chronicle and go with the original recommendation from staff. And then seconded by supervisor peskin. Supervisor wiener . Thank you madam. I want to reiterate what president breed said which i also noted before and i think its very important that one of the bottom lines here is the purpose of these notices is to get them out broadly and on and here in terms of broad dissemination i would be doing the same exact thing if the roles were reversed and in terms of what happened here we have a bit of a swearing match going on between the examiner and the chronicle and i dont know why the burden shifts one way or the other but for me especially when you have this kind of dispute and the chronicle is stating on the record that they did not get the email either they think there was an issue with the address why would we not give the benefit of the doubt to having broader dissemination of our notices and i would take the exact same position with respect to the examiner. They reach overlapping and different audiences and thats a good thing. Thank you supervisor wiener. Supervisor kim . Thank you president breed. I will be supporting the motion put forward by supervisor campos and supervisor peskin and i understand the need to include these other papers that were amended in item number 20. Sf weekly does not have chinese and spanish language. I believe actually out of all of the papers that we are looking at today, the chronicle, the San Francisco bayview is that correct and and it is clearly possible that the examiner decided that they can print within the city Boundary Line and i would have some concerns but the examiner is a free daily and no limitation and whereas with the chronicle you must pay to be able to access that newspaper even online and in fact they will have greater outreach because their newspaper is free and hearing that this bid goes out every year at the same time and emails have gone out to the same email addresses it does not seem to make sense to reward a bidder that was not able to meet these guidelines. I apologize i should have asked further questions. I assumed it to be the true situation but hearing the information before us today im not worried about access to information by giving this award to the examiner. In regards to our ethnic media press in these cases its appropriate for the board to amend item number 20 because the sf weekly a great publication just does not print in spanish and chinese. Im open to working with supervisor cohen on the potrero view. Im happy to defer to supervisor cohen on that particular publication. Okay so well take each of these items separately. Item 19 on the amendment to revert back to the original resolution minus the chronicle madam clerk can you please call the role on the amendment. Supervisor breed no. Campos aye. Cohen do you want me to repeat the amendment . No, im thinking. No pressure. Cohen aye. Supervisor farrell no. Supervisor kim aye. Supervisor peskin aye. Supervisor tang no. Supervisor wiener no. Supervisor yee aye. Avalos aye. There are 6 ayes and 4 nos. The amendment passes. Breed no. Campos aye. Supervisor cohen aye. Supervisor farrell no. Supervisor kim aye. Supervisor peskin aye. Supervisor tang no. Supervisor wiener no. Supervisor yee aye. Avalos aye. There are 6 ayes and 4 nos. The resolution as amended is adopted. Item number 20. Supervisor cohen. Id like to continue this item for 1 week. Item 20. Colleagues can we take this without objection. This item will be continued to the meeting of june 28, 2016. Madam clerk next item. Item 21 was forwarded as a committee report. Item 22 and 23 . Yes. Okay item 21. An ordinance amending the administrative code. Role call vote. Breed aye. Campos aye. Cohen aye. Supervisor farrell aye. Supervisor kim aye. Supervisor peskin aye. Supervisor tang aye. Supervisor wiener aye. Supervisor yee aye. Supervisor avalos aye. Ten ayes. The ordinance passes unanimously on the first reading. Items 24 through 31. On those items colleagues can we take those items 24 through 28. Same house same call. Without objection those ordinances pass unanimously on the first reading. Call items 29 and 30 together. Colleagues can we take these items same house same call and without objection the resolution is adopted unanimously. Item 31 . Colleagues can we take this item same house same call . Without objection the resolution is adopted unanimously. Please call items 32 and 33 together. Supervisor kim . Thank you president breed. Colleagues i want to thank you for your consideration for the amended legislation thats before us today and acknowledge the hard work of our project sponsor and members of our tenderloin Neighborhood Community who have spent the last 2 months putting together a winning package including the acquisition of 101 hyde street to transfer to the Mayors Office of housing for the development of 87 permanently Affordable Housing units. This proposed ordinance has many movings pieces and want to acknowledge all of the parties for their creativity ensuring that we could bring together a final project that everyone agreed upon. The Affordable Housing requirements set forth in the planning code would be waived at 1066 Market Street and the ordinance would require a dedication of land located at 101 hyde street. Finally the ordinance does exempt 21, 000 square foot and 101 hyde is a particularly meaningful site for the community as it is the former u. S. Postal office that so much of our tenderloin residents have depended on. Even in places where landlords did provide mailboxes the u. S. Postal service has refused to provide them as well as apartment buildings. To be able to ensure that this site one of the last remaining sites in the tenderloin is a huge victory for our community. Certainly our developers know i always prefer on site Affordable Housing. We all know that inclusionary housing is a critical component and it is 100 percent provided by a private developer community. In fact the average income of students and families just 1 block away is on average 30 percent of average mean income so during the hearing we heard Many Community members express that this new development was out of reach of many in the neighborhood so this is a Community Driven solution and after learning that the Market Rate Development had fell through Community Members had seen this as an opportunity to develop a very blighted corner. I did not support the Planning Departments recommendation and in this case the Planning Commission did agree with this and voted 6 to 0 to support and i also want to thank the project sponsor. This will ensure that this project is shovel ready and also provide additional funds to activate the site in the meantime. Colleagues i do ask for your support for this today and this will allow the site to be transferred to the Mayors Office of housing. I want to thank the Tenderloin Neighborhood Development cooperation, Market Street for the masses and our City Attorneys office. This is quite a complicated deal. So colleagues i ask for your support. Thank you supervisor kim. Colleagues can we take this item can we take these items same house same call . Without objection these items are passed unanimously. Lets go to our 3 00 p. M. Special order. Madam clerk please call items 13 through 16. Items 13 through 16. Okay colleagues we have before us now for this hearing and its my understanding that we have reached a compromise and with that i recognize supervisor wiener at this time. Thank you very much madam president and yes madam president you are correct the parties have reached a resolution which i will read. I want to as i did last week. I want to really thank the neighbors and my constituents for participating in good faith towards a resolution as well as the project sponsor and moving us towards this resolution so my colleagues i have distributed the detailed settlement or negotiated resolutioned signed by the parties and i do have a boiled down version that im gonna read now that summarizes the resolution. First conditions unrelated to setbacks include the maximum allowable height and transparency of the surface material for the planter box. Second front setback was reduced by the amount allowable without need for a variance up to one foot. 1 foot. Midline to be increased by 3foot 6 inches and north of the living room midline to be increased by 6 feet 6 inches and note the living room wall shall we retained 1 foot west of grid line 3. Next the roof height above the living room will not exceed 11 feet 1 inch. The roof will be sloped down midline and next finally the roof pitch will be a constant slope down from 11 feet 1 inches to 8foot 6 inches maximum roof height and the roof shall have no curve and again that is simply a summary the governing controlling resolution is a signed document that we have distributed and made part of the record. I will make a motion to adopt an amended conditional use and again thank you to everyone who made this happen. Thank you supervisor wiener and with that i will open this item up to Public Comment. Are there any members of the public who would like to speak regarding this particular item . Seeing none Public Comment is now closed. This is regarding a specific item which has actually been compromised thank you. Im a member of the Planning Committee and i want to thank supervisor wiener for his participation and his staff for coming to this negotiated settlement and this is what we want to see and its very gratifying and i also want to point out that this comes to you as a result of the zoning controls that supervisor wieners office also sponsored. Supervisor wiener was very active in helping us to achieve that and this is an example of just what those zoning controls can bring about so im very gratified about that so thank you very much. Thank you are there any members of the public who would like to comment on this specific item . Seeing none Public Comment is now closed and this hearing has been held and now filed and supervisor wiener would you like to make a motion . Yes madam president i would. My motion is as follows to amend item 15 to disapprove the conditional use and to adopt a revised conditional use with additional flash amended conditions per the agreement that i have distributed and then to move item 15 as amended and to table items 14 and 16. Okay so we will take the amendments first. Supervisor wiener has made a motion to amend seconded by supervisor peskin colleagues can we take the amendment to item 15 without objection passes unanimously and the motion to table item 14 and 16 and move forward with item 15 as amended. Madam clerk can you please call the role. Breed aye. Campos aye. Cohen aye. Supervisor farrell aye. Supervisor kim aye. Supervisor peskin aye. Supervisor tang aye. Supervisor wiener aye. Supervisor yee aye. Avalos aye. There are ten ayes. All right lets go to our next 3 00 p. M. Special order. Madam clerk please call item 17 and 18. Colleagues, to consider approving the underlying resolution. Lets open up this hearing. First we will hear from the department of public works. Good afternoon supervisors. This program inspects sidewalks in Poor Condition along commercial corridors and addresses sidewalk complaints as well as right of way conditions. Under local public works code the Property Owner is responsible for the repair and maintenance and under chapter 80 of the San Francisco administrative code if the Property Owner fails to repair the sidewalk the city is inspects. The Property Owner may elect to have the citys contractor perform the necessary abatement and have the inspection fee placed on their property tax. As of june 21, 201641 invoices were removed from the original list. This report we are submitting eighty invoices that include the 12 percent administrative fee and the Department Requests the boards approval. Thank you. Thank you. Okay. Colleagues are there any questions for the department of public works . Seeing none we will open this item up to Public Comment and members of the public who would like to comment on this specific item will have up to 2 minutes. First speaker please. First of all im sorry im taking up your time on the sidewalk repair matter. I have received no invoices for the sidewalk repairs and id like to make it clear that myself as the Property Owner had the city and public works go ahead and fix the sidewalk which is on the prospect side of my property. It was fixed but not right and it was stained etc. And we asked the contractor to fix it. Theres been a lot of communication back and forth between public works and the contractor to get this done. Weve never had a final invoice. What ive had is an original estimate from the department of public works. Two separate estimates from the contractor that were completely mistaken and then public works on may 5th sent another revised estimate which only included enumeration and i never heard back from the contractor. Im sorry im taking over the actual 2 minutes however, i, as a Property Owner wanted it to look nice and agreed to have all of the sidewalk squares repaired not just some of them so i dont really understand why i received this and it probably would have made more sense to have some sort of resolution to the matter before taking up the supervisors very important time on a sidewalk matter. Thank you. In addition received a matter that asked about whether or not the cost of the assessment should be placed on property taxes. I dont know if i have input on that or how that works. Thank you very much and maam and members of the public who would like to comment on this item please line up to speak and there will be an opportunity after we finish with Public Comment to meet outside of the chambers to try to resolve your individual issue. Thank you. Next speaker please. I keep getting called down here and dont know why. I have fixed everything that they asked me to fix and again, this is my third time down here. I dont see anymore xs on my property or the cement. They asked me to put a tree back there and i had to cement that one too. They keep asking me to come down here. I work for city and county Housing Authority and i have to take my personal time to come down here to find out why am i constantly being called down here. I havent gotten any new notices except for this appointment to come down here and last time we went outside in the hall talked to them they said they would take care of it but again im back and i dont understand. Thank you. Next speaker, please. Im opposed to having these charges put on my taxes i guess im here because im on this list and like everyone else, i shouldnt be i checked with the department of public works yesterday. I was sent information inspection fee that is in question that im being charged for was waived and i have documents here showing that theres a zero balance yet im still on this list. I think with all the errors going on people should not be assessed because it also doesnt seem like they are being corrected. Thank you very much. Next speaker, please. Ive been assessed failure to perform repairs. I have a property grinding its way through the planning and Building Department and receiving notices for several years on repairing the sidewalk and each time i would explain that the whole sidewalk would have to be repaired once the project was through and i was allowed to put down gravel to make it so there was no cracks and in this case i received a 30day notice and 3 days after the 30days i received a 15day notice and also a fine. I setup a meeting with steve noya and i cant see his name right now and they didnt show up on june 3rd still within my 15 days. So i wrote and asked them to waive the fee and no response so at this point i did expend the money a couple of thousand dollars to repair the sidewalk even though it was to be torn up again and i feel due to the lack of response and lack of assistance in dealing with this in a reasonable way that its unreasonable to add this to my taxes. Thank you. Next speaker please. I too object to the inspection fees. Its a 290 fee. I had called them after i got the original invoice and asked if they could waive the fee and agreed to do so i guess and i keep getting the bills in the mail and these are five low rent rent controlled apartments and to have to pay this fee for somebody to just look at your sidewalk seems egregious by the city. Thank you next speaker please. Im actually here to compliment the work that public works did in repairing a break in the sidewalk due to the tree that i have there. The only thing was i really have no excuse other than the busyness of my life and work. I hope to get the percentage waived. Thank you very much. Any other members of the public that would like to comment at this time. Seeing none Public Comment is closed. Theres some people in the back as well. So if you could meet them outside they will hopefully be able to resolve your issue and come back with a recommendation to the full board. All right. With that colleagues lets go to role roll call for introductions. Are we ready to go back to items 8 and 9 . Mr. Gibner, are we ready to return . Do you have an answer for us for item number 8 . Yes. If the board votes five to five on the general plan amendment that constitutes rejection of the general plan amendment and the board could not adopt item 9 until the Planning Commission proposes a new plan amendment or makes findings based on the existing general plan. My office has advised twotimes in the past that the board must approve within a certain amount of time where failure to act constitutes approval. One was for the Planning Commission and one was for the Police Commission a decade ago there were 55 splits or anticipated 55 splits and the that constituted disapproval of the proposed nominee. It did not constitute the failure to act and similarly here a 55 vote would constitute disapproval of the general plan amendment. Okay. With that seeing no names on the roster on item number 8 madam clerk can you please call the role . Sorry supervisor wiener. If its 5 to 5 the clerk will call the next item and the board will have to act on it somehow either table the item or continue it to a date far enough in the future for the Planning Commission to act, or refer back to committee. I was holding off my comments until item until the next item but if this ends up being a 5 to 5 vote i just want to make a few comments here. Madam clerk can you please call item number 9. Affordable housing Bonus Program and zoning modifications for those projects and establish the procedures for which project shall be reviewed and approved and making various findings. Supervisor wiener . Thank you very much madam president. Im going to support the general plan amendment today and if we do get to a vote on the merits ill be supporting supervisor tangs 100 percent Affordable Housing density bonus proposal. Colleagues, we need more housing in this city and the did density bonus will allow us to generate significant new housing overall and Affordable Housing at no cost to the taxpayer and supervisor tang has made amendments to address some of the concerns that various of us have expressed including prohibiting demolition of existing housing because a lot of us had concerns particularly the existing rent controlled housing. This is a very focussed piece of legislation that allows us to create in this case a hundred percent Affordable Housing with greater density but in terms of the broader legislation as reflected in the general plan amendment, will allow us to create more housing overall. I just have to say i know that supervisor peskin has competing legislation, density done right measure and i dont agree with that i think thats a dramatically scaled down piece of legislation and the socalled density done right legislation would result in dramatically fewer units being produced and would make it much harder longer and more expensive to create those affordable units. As i understand it from information we received from the Planning Department and correct me if im wrong, supervisor tangs program will produce approximately 8, 000 units of Affordable Housing whereas the socalled density done right proposal will produce Something Like a hundred units of housing and we obtained the map and it would be off limits period and so theres not even a close call. Supervisor tangs legislation will allow us to create thousands and thousands of new affordable units whereas densities done right will result in the creation of almost no new affordable units and supervisor tangs proposal will allow those units to be produced in a reasonable process. The socalled density done right will be more expensive and more difficult. At some point we either want more housing or Affordable Housing or we dont. Im going to come down on the side of more housing. Having average rent of 3,500 a month in this housing crisis is not acceptable we need more housing and need it now and this is one step that will get us more housing and should approve it and ill be voting in favor of supervisor tangs 100 percent housing Bonus Program. Thank you supervisor wiener. Supervisor tang . I think ill just start by talking about what is before us today item 9. What is before you today, item 9 is just the 100 percent affordable program. It will certainly not solve our housing issues here in San Francisco but that we should do what we can to encourage these 100 affordable projects to be built and as a reminder we only build only one to two of them on average each year. In Land Use Committee just wanted to inform all of you that i made an amendment to prohibit the demolition of existing residential units of participating in this program. In the Planning Department staff analysis had not taken into consideration that we would secondly in committee i made several amendments to address concerns of Small Business residents. They made no recommendations for changes to the 100 percent affordable program. As for the mixed Income Program our office and the planning staff had always intended to have this program heard at a later date given that we have been waiting for a feasibility analysis. So at this time i do really want to thank planning staff including the Mayors Office and i know that they have worked really hard. Ive never seen staff go out to i think it was ten out of 11 districts here and some more than once to talk about this legislation and to make so many changes to it to address many of the concerns and so again, as issues are being sorted out i just wanted to state for the record and if we could pass out the amendments and i do have additional amendments to make today many of which were discussed as the supervisor peskin and supervisor mar version. Were making changes to the ground floor requirement. This would include a requirement that the ground floor contains neighborhood serving uses, Specialty Grocery and addresses concerns regarding displacement of neighborhood commercial tenants. I have a summary here that im also going to pass out. In terms of reporting we also have a requirement here that we would like our Planning Department and Community Development to develop and further research and analyze and provide recommendations to us about other changes that we can make to the program. For example, we have heard that maybe we would like to see especially in the mixed Income Program changes to the area Median Income structure and we have language in here that direct the departments to pursue that work. Thirdly id like to suggest that there will be no conditional use permitting process and i would like to suggest a modified conditional use process here and ill take these amendments if the board wants to adopt these. Essentially there are certain things that are done. There are 6 findings that must be made and an appeal window of 30day and see the appeal can be made to the board of supervisors. However, i would like to keep the fact that were narrowing the finding section to just 3 of the 6 findings and lastly i summarized the process. I think that these are many amendments that would address many of supervisor peskins and supervisor mars concerns. I dont know if we have an answer yet but if not well let supervisor peskin speak. Mr. Gibner, do you have an answer to supervisor tangs question . Not quite yet working on it. Supervisor peskin . Thank you madam president. I greatly appreciate these most recent amendments although i havent had a chance to digest them nor talk to Community Stakeholders about them but seems like were getting closer together. Nonetheless i stand by my original concern that the scope of the general plan amendment is too broad and needs to be narrowed and i believe that that should still happen but i am quite confident that well be able to resolve either through your legislation or by melding the 2 pieces of legislation together and perhaps the amendments that you have offered might bring us there and im delighted by that and you have my word that ill work with you and Community Stakeholders to meld those two versions together but all of that not with standing i would still like to reject the general plan amendment thats the subject of item number 8. Supervisor tang are you going to make the amendments and send your item to committee . I would like to take the amendments first however im still waiting on some of the City Attorneys for the answer to the questions that i asked. Okay well come back to the matter. Wiener would you like to speak before we go to roll call for introductions . Sure just briefly given where the votes seem to potentially be falling you know i imagine there will be continuing discussions and i just truly hope that that resolution if there is one and whatever it is in terms of quote unquote melding results in significant new housing, new Affordable Housing because thats really what this is about and its great and important to involve Community Stakeholders but often we hear some of the stakeholders involved frankly are not in favor of creating more housing and seem to be okay with the status quo and i want to be sure it includes people who are impacted and who cannot afford to live their lives here and this is about the future of housing in this city. Thank you supervisor wiener seeing no other names on the roster. Madam clerk please go to roll call for introductions. Up first is president breed. Thank you very much. Colleagues as you are aware this past saturday a 5 alarm fire took place at Mission Street and 29th that led to the displacement of 58 people. It impacted 7 Small Businesses. I actually, this came this morning from the shelter where many of the victims are staying and its very tragic to see this happening and i was especially touched by my conversation with some of the victims including martha who is an 89year old woman. Bottom line is that our community in the mission feels that we are under siege. I wish that i could say to people that this latest fire is an anomaly but the fact is this latest fire is the latest in a string of tragic fires that weve had over the last few years and to be frank this latest fire is simply too much and we as a community in the mission have