And welcome to the special meeting of the San Francisco full board of supervisors for monday, august 8, 2016, at 2 oclock madam clerk call the roll. Supervisor avalos not present supervisor president london breed supervisor campos not present supervisor cowen supervisor cowen not present supervisor farrells not present supervisor kim supervisor mar supervisor peskin supervisor tang supervisor wiener supervisor yee not present madam president we have quorum. Thank you ladies and gentlemen, can you please join us for the pledge of allegiance and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. Thank you, madam clerk any communications. Not o none to report madam president. Supervisor peskin like to mansion a motion to skews commissioners well take that without objection. Supervisor avalos is skewed supervisor wiener in terms of excusing the other commissioners and i know that supervisor cowen, supervisor farrell and supervisor campos expressed a request to be excused. Okay absolutely you wanted to make that motion. Seconded by supervisor peskin colleagues without objection without objection their excused and were joined by supervisor yee okay. I do have one in memoriam and i think that we may have some members of the public of the audience here today colleagues, we dont have a traditionally 2 30 roll call or accommodation spend for the Board Meeting i want to take a brief moment to acknowledge someone when from the city family that passed away a few days ago mr. Richard shaft that passed away sunld on tuesday august texting section and members of the public who are here for the in memoriam can you please stand. Okay. Its everyone here thank you. Thank you and i just are there members of the family here today thank you very much and well give you a moment to say and few words we appreciate you being here be seated ill make a few remarks we had the privilege of knowing dick the general manager of Moscone Center and regional Vice President of the Moscone Center operations since 19 ti he is survived by marilyn of 56 years and two children greg and laura and 5 greater than dick moved to San Francisco in 19 ti after working an long beach as a 45 members of the managers he served on numerous committees as a member of the board of supervisors and collected as chairman of the i va r foundation if 88 to 89 and severed as president of the organization in 1994 through 95 and received the Association Highest Honor the charles a award in 2002 in 2011 dick was the respiratory of the International ConferenceLifetime Achievement are award from the association of venue managers inc. And excellent member of the travel association a member of the San Francisco chamber of commerce, a board member of the 5 and mission and a trustee of the i organization t s e 16 pension plan he always listened as one listed as one of the most influential people in the industrial industry when we wasnt working dick would ride his motorcycle and cheer on the giants and loved that spending a lot of time with friends and families and especially his greater than grandchildren done so much and honored to have such a tremendous leader and one of the most important industry the tourism of San Francisco someone what has made San Francisco what it is to visitors all over the country and want to tim hell be truly missed and with that, colleagues without objection i want to before i open up for any member of the family to comment supervisor peskin did you. Will madam president want to suggest we make that if the entire board of supervisors i knew dick an honor to work with him and my condolences to the family and the entire city for a great loss. Thank you and boxes well do this on behalf of the entire board of supervisors today and without objection if this is a member of his family or someone that he worked with ill welcome you an opportunity to say a few words at this time. The microphone is here. Thank you for letting us be here and supporting him i just wanted to say thank you to everyone that showed up he loved his work and i think because of you he loved all the people he worked with and enjoyed the work until 77 thank you to everyone, everyone knows who he was i dont want to say too much we loved him. Thank you very much and again, our honor to adjourn 24 meeting on behalf of the entire board of supervisors thank you to his family and friends his coworkers and many people probation officer caught to support him today he will definitely be missed we truly appreciated his work for the city thank you. And with that, madam clerk any other communications none to report. Can we please call the first item. Item number one is the resolution to approve the that party supplement to the memorandum of understanding regarding the financial commitment to addressing the funding gap for the peninsula electrification and add the Public Comment requirement for this item has been satisfied at the july 27th budget finance committee. With that, supervisor peskin. Thank you madam president and colleagues for giving us a week continuance which really allowed for a productive collaboration on the city does between myself, commissioner chung if the board, ed reiskin and some of his staff tilly chang and maria from the ct a as well as jillian on behalf of the Mayors Office and to that end we have a set of protocols in front of you and incorporated in the file which by the way, have been reviewed by caltrain staff and we accommodated a couple of amendments a they sugsd and finally, the resolution itself is slightly amended on pages 4, and 5 at the first line on page 4 that indicates that the agreement will be subject to a funding protocol and then the additional further resolves authorizing the chief executive and the director of transportation to sign the president and make any amendments on behalf of the city and county it dont increase our obligations for liability i look forward to San Francisco playing a role as the caltrain electrification project evolves making sure we do that within our means and thank you to supervisor tang for helping on the collaborative effort. Thank you supervisor peskin commissioner chung. I do appreciate live supervisor peskin i know that was difficult for us to call a special meeting but to make sure that San Francisco was going to be able to handle what comes our way in the future regarding the caltrain projects would this o one of the things id like to acknowledge our Controllers Office they did i know that supervisor peskin wanted to acknowledge them as well to have a comprehensive perpetually protocol i want to kick it offer to todd to speak to some of the amendments in the oversight protocol and those changes will be adapted as part of resolution today. Thank you, todd deputy controller through the wanting to summarize the protocol before you included 10 or 12 donated items 15 separate items the four key additions calling your attention is in item 6 is the requirement of a dashboard to be created with dashboard indicators as previously noted in the schedule and budget further in addition to that item number 9 specifically defines significant risk levels with the requirement this the city of San Francisco and other partners be notified within 10 days of devacations where costs are increased over 200 and 50,000 and thirdly, the addition of appropriation controls, i. E. , in number 11 that funding and financing issues are suggested to each authority to appropriate the funding and finally on item 15 is the inclusion of the Funding Partners including San Francisco to be able to audit a review any of the project information at any time those are the key changes and thank you. Thank you, mr. Reed i believe that putting the allegations into the oversight pointing will sure hopefully in the future that if any issues arise well be privy to that information supervisor peskin if you have something else. Supervisor peskin. Thank you. I wanted to apologize for not acknowledging the Controllers Office and add the role of a number of deputy advertising played and acknowledge bryan from congresswoman Jackie Spiers office i think that he has endeavored to bring this thing together and congresswoman spear and president Obama Administration god speed. For clarity who will be permitting the request to amend the legislation. The amendments madam president before you i have circulated them and also want to announce we shared all of these changes with supervisor cowens staff that be aware of them and supportive of them but like to make a motion to put the amendments that are before you before us and make that motion. Supervisor peskin has made a motion to amend seconded by supervisor tang colleagues without objection without objection the amendments passes unanimously and call roll. Supervisor peskin supervisor tang supervisor wiener supervisor yee supervisor breed supervisor kim supervisor mar there are 7 is. The resolution as amended it adapted unanimously next item. General Public Comment 80 up to two minutes to include items on the without reference calendar items three and four purntd to the board direct your comments to the board if you want to display your document clearly state to sfgovtv and when you want the screen to return to the live coverage of meeting. Good morning, mr. Yip. Of holiness and man with true destiny in unit of human nature of people into unite with wellnourished for mission of holy justice with the foam o phenomena will sure the peace and wellness when mankind without individual differences of opinionated bias and mercy of justice to change the destiny for all people to prosperity and security true principles should exist on planet earth and always among everyones heart for the holy people and shall take an divided statute of limitations of holy religion and have the coloration of all good deeds and holy shoed u study is there a preach University Shall in the new wealth of our people and one shall maximize the nature in destiny with a special works on publication and mercy and humankind destiny shall Work Together for the Public Affairs for the study of holy culture shall be between heaven and man for peace and wellness for justice for all so holy meaning of eternal for hundreds of jashgsz for security god bless the holy mission. Thank you. Next speaker, please. Thank you supervisor president london breed my name is christopher i rise to practice my ad skills and remark on a number of Different Things there was some comment several weeks ago what you want to do for old people today is my 69 birthday and amazed to have it personally being the oldest person in the room i guess my observations will hold the permitted thing i want flat sidewalks have to watch any steps my feet dont work quite as well another item my comment about the boilerplates restrictions what you can produce grant fund for the actually did a search and on the items on 7 61 is all wrong the bulb out of the money from the state of california the sfmta to you wanted the city to take would liability for building something that is text that requires that inconsistent apply and the state of california as you as the enforcement ininstrument and lastly please do not read in front of use it is really, really rude weve sat with you for 9 hours your task is hard but back there thank you. Thank you and happy birthday. Next speaker, please. Hi laura clark of grow sf to talk about item 4 the redondo proposal to once again talk about where theyll oppose by right. I think has been litigated and discuses the city to ready to say were conflict of interest about whether well support buy right this is the message to be pass on i dont understand this is on the agenda it is a deliberate waste of time we could be doing so many more effective things to truly address did housing crisis and old policies permitted like radical things like backyard cottages adding to the Housing Authority that is spell needed in the city and addressing singlefamily home only to attached zoning Inclusionary Zoning hiv racist institutions and making progress but instead we are deciding whether well pass a motion to oppose something again for no reason im really disappointed you guys are not taking more bold action happy with the granting cottage legislation so, so much more potential and hope youll take bold action soon. Thank you. Next speaker, please. Hi, my name is sonya if the Renters Federation and here to talk about 4 ask you to vote against this motion yes similar point we already went through this is a waste of time and San Francisco as built housing but we havent contributed housing to the bay area and as weve sort of gone over the governors buy right bill was monthly applied in the areas that all san franciscans definitely need to build for housing on the peninsula the best way for the suburbs housing and Silicon Valley to pass buy right no san franciscans strongly want the peninsula to build housing san franciscans want this and, yes we vote against this motion thats correct. Next speaker, please. Good afternoon, supervisors tim colen, San FranciscoHousing Action coalition. And wanted to express our frustration with that motion back again because it is to us proevendz empty housing in the seasons perhaps we can finally stop producing marketrate and get our arms around this displacement it doesnt make sense but number one governor said two things number one local jurisdictions you dont get it for two or three dedications e decades using ours authority to delay and abduct housing no where more true if Housing Coalition didnt exist i wont have a job local jurisdictions have to stop obstructing jobs and the second one is equally remarkable under no realistic economic scenario possible for the state of california to subsidies its way out of problem think if i remember what we said i read in the newspaper the Affordable Housing is delivers to the and costs two of no evidence he will change and open the floodgates to fund the production of subsidize housing were left to our devices it didnt doesnt make sense to oppose this because right measure and at the same time keep the production of housing in San Francisco we need a lot more of it and urge you to vote against the motion thank you. Thank you. Next speaker, please. Supervisors michael San FranciscoBuilding Trades council on many occasions agree with the prior 3 speakers i disagree this is not a anti housing measure it is a complex question the municipal production of physical buildings and involves serving the needs of the community in variety of ways with the labor like im not adverse to pointing out but serving the needs of low income communities and making sure that there is no displacement, and making sure there is no unwarranted an urban answered during the course of uncontrolled housing and the current measure that the governor is pushing didnt do missing any of those things it needs to be called into account we need to remind. Legislators to call the governor into account and appreciate the positive stance towards little legislation im convinced that works with the state building trade were asking you to oppose the legislation and fill it is amend to the point it does what the is spotted to do thank you. Thank you. Next speaker, please. Hello my name is milo with grow sf i would like you to deny this amend item not the way things are settled the governors bill is a good idea one of the stipulations in the requests is to preserve ask the governor to preserve the demonstration controls by the governor already has those preserved this is an example of how were kind of redundantly doing things again so support the governors bill thank you. Thank you next speaker, please. I was asking one of the officers if it is possible if you guys could provide bottle waters we get thirsts i didnt and promised i would do a commercial by a book we robert stone believe it or not i havent read the book cant comment it came in the mail i went to the computer and found out a special meeting so not able to prepare a speech but you know what . At the name of jesus every knee will bow and every tongue confess only a matter of time jehovah has spoken every knee will bow and paul applies that to tfa lips two jesus is a great misery youll confess and joours will stay get down on our impose and acknowledge to everyone jesus is lord a par bell in the gospel of luke those who will not let me lord over them the Motor Vehicle and lowly lamb of god and judgment day is coming jesus mind behold i go up to the jerusalem and everything written by the son of man will be accomplished he didnt say behold i go up to jerusalem but everything that is written by the proof the will come true mows isaiah and the book of jehovah. Thank you. Next speaker, please. Tom gilbert building houses by the 98 percent of san franciscans cant afford a dynamic Housing Project we need to reline and instead of louis the developers to make all the money part of our society we are lucky to have michael a couple of months ago i did a show on happy new year cynicism and any things on donald trump just listen to that show and Hillary Clinton on the other hand, ask her what happened in 2009 with honduras when america was the only country that relocated Central America no one else did and honduras mother with children at our gates i want her to release her transcripts to wall street and theres a few things were running out of time im wearing a nice green shirt what do you think gloria stein within that that i mentioned before about the police not wearing their gun belts this is a time i hope some of you get to travel in a country the police are not wearing them we can do better the police in the Society Everyone will be happier im recommending for the first time that we find some safe buildings so drug addicts can shoot up under San Francisco supervised supervision this is got to be better as long as they do their drugs on site and prevent the lottery loiter litter. Any further speakers line up to the left. I request our open patience to replace the matter within the proper economic context the condominium sidelines has sidelined the Property Owners with the incoming restricted housing supply were a boom towards the corporate dwellings of luxury in scale affordability set aside raise the costs of the aau adjourned unite beyond the 34ri79d people who finds themselves innovating not able to make the ended meet were short 68 thousand hounding and fiscal inflation have respected people in the 3, 4, 5 in overtime and comfortable elevation of degree and keeping on task with the economic freeze and the economy and the freeze political intervention has added preemptor to the cost of land for the prosthetic contractor and the public in general all those 2w0sz who lack the prevent status to buy excuse me that buy high over and over not al at all future boards any yield inheriting symmuch constitutional heritage to adopt the buy right legislation in the spirit of Free Initiative courageously or encouraging with the shared values regarding scott wiener economic factors. Thank you, sir madam president seeing no 09 speakers lining up that includes Public Comment. Okay. Are there any other members of the public to provide Public Comment at this point seeing none, Public Comment is closed. Sir, i know youre kidding what with that madam clerk the items with adoption no item 3. A motion to approve a final map 8253 located on webster street colleagues colleagues, can we take that same house, same call . Without objection the motion is approved unanimously please call item number 4. A motion to urge the San Francisco deliberate legislation for the buy right for the trail bill in recognition of 1230z locals planning tools to Regional Housing development and order the clerk to transmit the position for the buy right housing proposal for the tailor bail to all one and 80 members of the state legislation. Supervisor president london breed. Good afternoon colleagues my id like to propose a motion i just want to id like to propose an amendment and take the opportunity to explain why my concern is not necessarily the substance of the motion but it is a motion there in my view no legal basis for the board of supervisors to impact a position under the section 2. 1 of the charter that the board of supervisors shall act only by ordinance resolution except it may act on motion by when the board of supervisors has inclusive jurisdictions by acts of ordinances not inclusive hours positions in sacramento or over the position that we take inclusive position is the paramount will i matters w50e8 sit as a committee as a whole thats why the board narrowly defines action by the motion which i wont go over the details of that but again my concern not about the substance of the motion but as board president an objection to protect the rules under the chair functions i dont want to establish the precedent that the board can take did positions by motioned and motioned not subject to single spiritualy privilege to send an item to the committee and have motioned an important policy topics show up on the agenda and noting if a simple majority supports never subject to the Public Comment pedestrian and not from the executive branch we want to set the policy absent we dont want to set the populated absent the Public Engagement process or not notwithstanding our city charter we dont have the Legal Authority and not suggest we do and for that reason colleagues im asking for a simple amendment at the top of the motion which g will make that clear and that amendment has been passed out to some of you already it says whereas the San Francisco board of supervisors cant under the city charter or the boards recusal of order establish the substantive policies by motion, however, this motion simply riltsz reiterates a motion adopted by the board in resolution one six zero 66 zero and the City Attorney sports this and supervisor peskin supports this amendment with that, ill move to approve that particular amendment into the record. Supervisor president london breed has made a motion to amend seconded by supervisor peskin if no discussion on this amendment itself as opposed to the motion can we take with without objection without objection the amendment is adopted unanimously. Thank you supervisor peskin. Madam president and colleagues this item is resubmit of the extensive discusses in committee and at the full board time is of the essence as this matter is being deliberated in sacramento in the days ahead i want to acknowledge the state senator from San Francisco senator mark leno for his work and delegations from across the state that will be visiting with lunch breaks in sacramento tomorrow madam clerk im hopeful this that motion passes today you and your hard working are get that out to the legislature as quickly as possible and then for me i want to acknowledge the obvious this passed by a majority of this body it is rare but the mayor choose to veto that resolution i think what the gentleman said is actually quite right which is to in some form a fight over tone the mayors may 13 substance is not that different than the substance of this resolution are of this motion previously resolution and what i think the gentleman said we should take heed of is that the supportive request of the mayors as well as mayor garcetti fell on deaf areas relative to making amendments that will alm that San Francisco has been a leader in Affordable Housing development and would like this bill to be amended we can continue to use the tools in our tool in the toolbox weve paranoia i think that is time for this we oppose this tailor bill by the way, those amendments now are widespread port in organizations all over the state of california and maybe some not from the sf grow or bar so be it with that, madam president im prepared to vote on this again. Thank you supervisor peskin supervisor wiener. Thank you madam president so i have to say this whole process i find to be irregular and really problematic as an initial matter i listened to supervisor president london breeds comments and frankly think i supervisor president london breeds comments were on point why we shouldnt set the precedent as were doing with the amendment that you can introduce a resolution at the board of supervisors you can have that resolution fail whether at the board level or if it is because the mayor vetoes it but through the normal process and fail and then you can turn around and say i dont like this ill introduce as a motion the difference the mayor cant veto a motion it is a effectively a procedural vote within the board of supervisors and the rebate we have motioned and the mayor didnt play a rule in signing or adverting the motion a motion is about those of us within the board of supervisors setting our own procedural rules and motioned can be about 19th century hearings and other procedural matters thats the purpose of motion and the reason the mayor plays 90 no rule in meddling so a motion our motion never been intended to set substantive policies for the city thats never been what theyre about and but that is exactly what this motion is purporting to do it sour grapes this motion we didnt get what we tloptd the normal process because the mayor vetoed it as a result a regular motion that the mayor cant touch and appreciate supervisor peskin transparency in what we intended to do use this to falsely imply to the legislator U Legislature this is somehow the position of the city of San Francisco and its not we sit down policy in terms of the lobbying the legislator by way of resolution and the mayor signs it or lets it become the official policy without signing it or if the board didnt act the mayor can lobby that creates significant confusion and if you were a member of the lunch break from some other part of state and all of a sudden someone says well the board passed this the mayor vetoed and the mayor is not allowed to veto it what is the position of the city it creates confusion thats why we have a distinction between resolutions and motioned putting that aside the board will act the way it does and well precede from this year ill be voting against this not because of procedural mechanism but on the merits hes voted against supervisor peskin previous iteration this needs to be a resolution he offered an alternative resolution that basically said there are issues with what the governor is proposing around demolitions and 09 areas and we should work collaboratively with the governor to fix the buy right legislation so it works and then we should not just simply oppose and so my position continues to be the same we should be working with the governor to improve his legislation to fix the defects rather than oppose it and i also need to repeat what i said San Francisco is not doing well when it comes to housing as reflective in the average rent of 3,500 a month and the displacement as reflected in the number of People Living with their x theyve been broken up for two years cant afford to move out we have a crisis and not pating ourselves on the back theres more work to do yes subsidized belowmarketrate housing we want more belowmarketrate housing but that will not solve the housing crisis we need more housing overall this is what the governors plan is designed to do not a purpose plan it needs amendments we should work with the governor collaboratively to get those amendments done this is not the right approach in my opinion so youll be voting no. Thank you, supervisor wiener. Supervisor peskin. Thank you madam president i dont want to Budget Committee labor this i want to as a matter of collegiality take exemption to the sour gripes graipz this is the policy god above grade of San Francisco the mayor has the ability to express himself on behalf of the executive branch i the mayor has as per recognizing recognize not used in modern times to veto a policy of the policy body the policy body any in its soul and saluted corrosion to express itself as the policy body is legal by the admit not often done but really rather remarkable the exclusive executive vetoed this this is the way to timely express the majority opinion to the stated legislature and the 0 policy weve discussed at nasal and why not call the roll. Supervisor peskin i mean supervisor wiener. Were like easilyly confuseable i have madam president if i may through the City Attorney if this motion passes today what will the position of city of San Francisco be it the bill in sacramento. John gibner, deputy City Attorney. As you mentioned supervisor wiener and as the president mentioned the city adapts formal positions on states legislation through resolution or through ordinance dlooul impacted by the board and signed or returned unsigned by the mayor or over ridden part of veto over ridden the board has not adopted a resolution that goes into effective on this bill the city has no formal position on this bill and the motion to not have the position on the bill the mayor under the chapter has the authority to coordinate intergovernmental Fishermans Wharf the mayor can contradict the body to take the motion. So what would be an appropriate use of this motion if it passes again in sacramento in terms of the advocacy around this bill. I cant speaks to what will be appropriated the mayor can view it as he wishes in terms of lobbying on behalf of the city in his discretion. If it passes today, we could have the mayor lobbying in favor of the bill with amendments and could have others saying look i have a motion from the board of supervisors opposing the bill and others meaning members of the public that take this monoxide o motioned with a Public Document and say heres the position the majority of board of supervisors. Or members of the board of supervisors supervisor peskin ask the the president to consider sending a letter quickly with the motion if it passes saying the board of supervisors passed this motion. Thats what the supervisor cohens. Thats correct thats the motion asked that the motion be transmitted to all 20 and 20 members of the legislation if we have the mayor of the San Francisco lobbying on behalf of the city in favor of the bill with amendments and have the board of supervisors transmitting the motion opposing the bill to the legislators can have that complex. Thats right beyond the clerk forwarding the motion adapt by the board individual supervisors in their capacity as the residents of the state can lobby the legislators but the board including the clerks letter cant take a position on behalf of the city and county of San Francisco. In terms of the direction in the motion up here it says further resolved this the board of supervisors directs the clerk to transmit this to all one and 80 members when you the motion itself says opposed and so then the clerk will be directed to transmit that to all one and 20 members on behalf of the board of supervisors not as residents of the state how does that that seems odd given the mayor that has the charter policy to have the resolution goes into effect any of the board of supervisors saying wait we oppose this. Yes. The mayor has the power to coordinate the Intergovernmental Affairs for the boards resolution taking a position on behalf of the city has directed the clerk to forward the copies of the resolutions to the legislators or to certain members of the legislators even though the mayor has the power to coordinate the Intergovernmental Affairs we can advise not the clerk is not prohibited from forwarding a document adapted by the board to the legislators by this is the extent of the boards direct involvement in the legislative affairs. To the best of your knowledge are you aware of a situation a motion with the board of directors not subject to any review by the mayor under our 0 would that be transmitted to the state legislators thats into the challenges that 1k3450e7d identified in terms of setting a precedent short circuit the process and having the mayor sign or veto and do a motion and appearing to be taking a position even though were not allowed to take a position. Not that im aware of of that happening. Thank you very much. Thank you with that, madam clerk seeing no other names on the roster, on the item as amended can you please call the roll. Supervisor peskin supervisor tang no supervisor wiener no. Supervisor yee supervisor breed supervisor kim supervisor mar there are 5 is and two notices with supervisor tang and supervisor wiener isnt descent the motion as amended is approved madam president. Point of order. Madam clerk i mean clerk. Yes. The item at at least needs 6 votes it only received 5 votes. Not the motion if the majority of those voting as mr. Gibner give us the clarity. Sure under the charter the board must act by majority the board rules on at that particular timey matter the board may act formulation two weeks ago the board continued on item and amendment it by fewer than 6 it is actually at the on ordinance resolution or motion and approve that requires 6 votes. So basically this fails if it didnt receive 6. Correct. Okay well unfortunately, the motion fails madam clerk can you please read the in memoriams. Madam president i believe that the individuals name is richard dick shaft yes. This meeting will be adjoined in memory of mr. Dick shaft. Colleagues this is the of the agenda madam clerk, is there any further business before this body . Theres no further business. Okay. Were madam secretary, call the roll, and commissioner willie adams, here. Brandon, here. Katz, here; approval of minutes for july 12, 2016 meeting. All in favor say aye. Next item. Pledge of allegiance. I pledge allegiance to the flag of the United States of america and to the republic, for which it stands, one nation, under god, indivisible, with liberty and justice for all