present. >> ladies and gentlemen please join us in the pledge of allegiance. >> >>[pleage of allegiance] >> thank you. before we get started with the agenda i would like to ask for just a moment of silence in memory of the 36 lives lost in the oakland fire at the ghost ship.. at this time. i know members of the board will be doing and in memoriam later on during roll call but i like a moment of silence in their memory. >> >>[moment of silence] >> thank you very much everyone. mdm. clerk please either any communications? >> yes mdm. pres. were directed to the public as board members are aware did yesterday december 5 22nd museum to communication at approximate 12:15 pm, former member of this body former supervisor scott weiner indicating his resignation from the board of supervisors representing district 8 is a tippy oath of office of the member of the california state senate which precipitates a vacancy in the office of district 8. >> thank you. colleagues any changes to the october 25 i think 2016 board meeting minutes? seeing none, is there a motion to approve those minutes? motion by supervisor campos second by supervisor yee colleagues can we take that without objection? without objection those meeting minutes will be approved after public comment. >>[gavel] >> mdm. clerk please read the consent agenda. >> items one through three are considered routine. a member may object that an item removed and considered separately. >> be peace vote >> peskin aye tang aye yee aye avalos aye breed aye campos aye cohen aye farrell aye kim aye mar aye there are 10 aye >> those items are finally passed unanimously >>[gavel] >> mdm. clerk please read item 4 through nine >> item 4 through nine are six resolutions good item for establishes the infrastructure revitalization financing district or irfd number one project. their engine to finance the construction and acquisition of facilities on treasure island and speedway not island to provide for the annexation and the public notice and call for a public hearing on the now expired date december 6, 2016 at 3 pm on the formation of the district and project areas in item 5 authorize the director public finance to prepare and infrastructure financing plan. item 6 is related to the intent to issue bonds for the irfd. item 7 is related to establishing a community facilities district number 2015 proven area where cfd and a future and cause for public hearing provides the public notice and for a now expired date of december 6, 2016 at 3 pm on the formation of the district and project areas. item 8 is related to the intent to incur bonded indebtedness and other debt in the amount not to exceed $5 billion for the cfd in item 9 approves the infrastructure financing plan for city infrastructure and revitalization district 1 treasure island in the project area there in. >> supervisor kim >> thank you president breed. as colleagues know in 2011 the board of supervisors adopted a series of resolutions to prove numerous entitlements transaction documents related to the treasure island your bug where i linda bowman project cities obligated under our disposition and development agreement dated june 7, 2011 to establish the required public financing mechanism as development commences. this project includes 8000 new homes,, 2173 were 27.2% which are affordable and with the adoption of the deviate in 2011 revise objections have identified a gap of $382 million across a total cost of 969 to construct the 1866 units. as you may recall during the time is originally started as a reader bowman project but with the impending threat of the dissolution of redevelopment treasure island lose to irs the financing model of which we are working to pass today at the board of supervisors. colleagues, there's a set of resolutions before starting with item for to create the interceptor financing and revitalization district and community facilities district allowed tida to receive the property tax increment that we can set aside for affordable housing along with infrastructure for the island. the abate some amendment. given some of the concerns brought up at the support for my office and several of our colleagues, to clarify the city's role in how we address the gap particularly in the former housing funding. colleagues, i have mdm. clerk espresso copies of these new clauses and we have also worked closely with supervisor peskin's office on these clauses as well. i would like to first of all acknowledge and thank bob beck are treasure island director was here today along with-a public finance director in the city attorney's office mark lake, charles solomon john gibner for working with us over the past couple of weeks to put these together. while it does not resolve the gap in affordable housing finance, it's early places a greater commitment from the mayor's office of housing towards getting to this gap and also puts in a series of accountability measures to ensure that not just the market rate housing gets built but the affordable housing that we promised our community and city at 27.2% gets included in the project as well. so per our discussion with you want to appreciate the movement and commitment made by the mayor's office of housing to provide resources to achieving the goal of affordable housing including $4 million in fiscal year 2018 to fund predevelopment work and $30 million over the next 10 years and finally 250 million over the life' the city has agreed to make those matter a legislative priority at the state level, we also want to work towards a commitment from the city to invest in the citywide affordable housing general obligation bond by 2024 should the city not be able to secure the state and other funds to fill the gap we had that speechwriter and mayor's office of housing has presented to the board of supervisors a few weeks ago. in terms of oversight, we are also requesting every six months b titus amick to the board of supervisors a report on the status before the housing funding pursuits in construction and will include a similar update in the city's biannual capital plant. tida will engage with tie-dyed as a third-party entity. this is a treasure island homeless initiative development nonprofit that is been working closely with the development in the community since the inception of this project in the 1990s to ensure and monitor the implementation the project in the benefits including the affordable housing responsibly stores the city. while this is not a perfect solution, what we are presenting to the board today does give me a greater confidence and comfort that over the future years when many of us will no longer be serving , that there's enough accountability mechanisms in place and oversight as well as commitments to the mayor's office that we will be able to build the affordable housing along with the market rate housing for this development and colleagues, i submitted the various amendment before you today. may i ask the city attorney if i need to actually read them into the record? or if my description is enough? >>[inaudible] [off mic] thank you. i'd like to make a motion to amend item number four with the following amendment estimate it to the board. >> thank you supervisor kim has made a motion to amend second by supervisor farrell. colleagues can take the amendment without objection. we without objection is passed unanimously >>[gavel] >> seeing no other names on the roster colleagues we will first vote on the item 4 through eight separately and we will vote on item number nine because we are acting as the taxing agency. with that colleagues, for items 4-8 can we take those items >> mdm. pres. supervisor kim were you setting a new date for the hearings as january 24? the resolution 467 and eight mentioned as an expired date? i think part of the amendment you were making earlier included the new january 24 date? >> these are the amendment estimated for item number four mdm. clerk >> okay >> i'm asking a question >> the men mix you made were submitted for item 4 however items four, six, seven, and eight also mentioned an expired date. the board is setting a future eight future hearing date to for special election for the treasure island ifd get the four resolutions i mentioned have an expired date and i believe working with your staff they indicated that a january 24 date was when they were expecting you to amend the new dates to >> actually don't know the answer to that question is the suggested date is january 24, 2017 and look at director beck is nodding his head. that the appropriate day to set? >> mr. beck >> >> robert beck with treasure island, and 40. the modifications for resolution four do reflect the proposed hearing date of generate 24th and would request conforming changes to the other resolutions. >> okay. mdm. clerk is that clear? >> that is clear that him president in supervisor kim is make in the changes to the changes to the resolution six, seven, nate nina seconds b was we the second by supervisor farrell. >> thank you. >> with that on items four through eight, can we take those same house same house, same call? without objection those items passed unanimously >>[gavel] >> on item number on acting as the type taxing agency can we take that item same house, same call? without objection the resolution was adopted unanimously >>[gavel] >> all right. next item please >> item 10 a ordinance to amend the health code to revise the definition of development projects subject to an alternate water source system and the definitions large and small residential projects subject to specific requirements for such a system and provide authorization for the review and approval of alternative means of compliance and to affirm planning department ceqa determination and >> thank you. if members of the public and degrees acted the chamber quietly we would really appreciate it. thank you very much for being here today. colleagues, on item number 11 >> 10 mdm. pres. >> item number 10 can we take that without objection? without objection the ordinance is passed unanimously >>[gavel] >> item number 11 >> item number 11 is a ordinance to the police code to amend the please go to branded owners to establish requirements for communications services providers to obtain access to multiple occupancy buildings and such remedies to provide violation of the access requirements >> supervisor farrell >> colleagues, in front of us today is legislation that i offer with microsoft or eric mar first in the low country to affirm the rights of tenants in buildings to choose a qualified internet service provider this bill technically closes very glaring loophole used by some to effectively tonight true choice and competition here in san francisco. i think we all believe that's very important but unfortunate for tens of thousands of our city's residents and businesses and tenants after not true choice in picking this internet service provider. many varsities tenants 11 multiunit multi dwelling units buildings face multiple barriers route right to neither choices. the scope of this problem is absent pretty alarming and why i believe we must approve this bill today. local isp estimate hundreds of multiunit buildings representing more than 50,000 units facing tenants that effectively block providers from axes in buildings providing services. i've heard numerous examples from local providers in the commercial side as well. there's also real ethic examples we heard in committee last wednesday when the founders of local small businesses and tenants had talked about not being able to provide the service here in our city. as we sit here in the innovation capital of the world or denying tenants axes to their internet provider of choice to me is simply wrong. i do i think supervisors tang trainees for supporting missing many as well to solve business or just looking to compete for consumers and i think we should grant them that opportunity. on page stories in the chronicle have talked about this issue. numerous people have talked about their own situation where their landlord's property owners have refused to them the internet service provider of their choice. while the federal government allows owners landlords and property managers entering into exclusive agreements with service providers de facto exclusive the agreements and other berries continue to persist throughout san francisco and other cities around the country. here in san francisco with over 100,000 san francisco residents that do not have internet access at home latest figures we have that 14% of public school children to have internet access at home. when they are being asked and forced to take test online that they don't have this type of access to me is a the unacceptable. writing more choices in competition is key in today's market and key to providing more affordable and quality internet service. from the day this legislation that we introduce that we look diligently stakeholders are present internet service providers commercial owners and tenants groups. we met numerous times as result resected 12/16 proposed amendment that these groups collectively offered that front in the legislation address the regional concerns. we do not come to agreement on a few amendment the would've effectively further denied building access and continue to perpetuate the denial of tenants here in san francisco choice. as well as men mix keeping the status quo of de facto exclusivity that continues to exist in san francisco today. so in terms of the ordinance itself establishes the tenants to choose the internet provider of choice. it's poverty owners and limits for interfering with his choice. it will stop them from denying service providers access to the buildings. only internet service providers certified by the california public utilities commission will be authorized by the internet service when requested by a tenant. the policy also establish parameters permits for how and when qualified isvs can provide service to multiunit building. and committee means are numerous technical amendment the southern legislation and i thought the just reasonable concerns from internet service providers residential owners and tenants. included amendment oh property owners regional time to respond to providers request again building access or provide service. get a clear final in which the required isps to present visual plans for installation before gaining building access. these license contractors for installation of adequate insurance and fully indemnify owners any damages may be caused during installation. to protect against phyllis lawsuits we added amendment there will require notice must be given to the city advance of any civil penalties accruing or owner provider bringing suit against each other. the address concerns on the limitations of axes with maybe lead paint asbestos and historic architectural significant buildings. finally for ensuring isps policing the infrastructure necessary to write service from the inside wiring owned by the property owner. all these amendment second legislation resulted in numerous meetings all these different constituent groups. colleagues for my strong bb internet access is a huge dose here in san francisco and across our country. again as we sit here as the innovation capital of the world but we never think to maximize choice for our residents to maximize choice for tenants to do everything we can in our power to close the digital divide i believe we doing residents a disservice. this is a proconsumer pro competition policy is the opportunity to serve as a national model for other cities across our country. i want to thank a number of the groups that came together on this legislation get the multiple internet service providers worked on this. different property owner groups from bremen association of cbh, tenant and internet service providers, i want to thank bill sanders our city attorney did an amazing job and everybody else that was involved it is truly a collaborative effort and at the level monumental impact for residents here in san francisco get colleagues i ask for your support. >> thank you supervisor farrell. supervisor peskin >> thank you mdm. pres. colleagues at first of all i want to commend the efforts of supervisor farrell and his staff. obviously fostering competition and internet access are absolutely laudable public policy goals you however, we are in receipt of attorney-client privileged memorandum with regard to potential legal issues and there may be a work around on that, as set forth in the memorandum. insofar as the memo is attorney-client privileged probably shouldn't be discussing it in public but what i want to do is to see if, with supervisor farrell and the boards consent, we could go into closed session to talk about those issues and see whether or not-well potential cost of that litigation set forth in the memorandum but to see if there's a workaround that would obviate any exposure reduce exposure by the city. so i would like to make a motion to continues into closed session. >> okay supervisor peskin has made a motion to continue this item in closed session at second by supervisor kim. colleagues, can we take that roll call vote or without objection? without objection this item will be continued into closed session at the next meeting of-supervisor farrell >> i'm sorry what are we suggesting here in terms of consuming to another meeting? >> we have not countered a closed session and so at the next meeting of the board of supervisors there will need to be-we would need to counter it for the next meeting which would mean this item will be continued into closed session next week on december 13 2016 >> okay. may i speak >> yes >> i'm all for supporting for their colleague with the city attorney's office did this is an attempt by some of the income and the players in the city of san francisco and were to the words point of this legislation. they want to continue to deny our asses to tenants in san francisco by these backdoor deals they have signed.. with building owners here in the city of san francisco. supervisor peskin i appreciate you carrying their water is that so will my colleagues at no palm talking their city attorney about it. but from my perspective, to be this is not something i will support at this point in time get their conversation today about it that's one thing they were simply be able to run out the clock, delay this until a visitor in the city of san francisco. we've met with them again multiple times. i mean, multiple amendment. at the end of the day i will not sit here and supports amendment to legislation that will continue to promote the status quo and denied tenets axes of choice in san francisco. i think the horrible idea and not something i will support. further conversation with the city attorney's office is great. again for my perspective my office has done that for weeks and weeks on end. i know with the issue is get very familiar with it good i'm very comfortable with where we are on this piece of legislative things incredibly important piece of legislation i don't see the need to delay it by more than happy to continue talking their city attorney's office but let's be very clear with the point is get it a point to delight to carry the ball carry the bucket of water for comcast and some of the other internet service providers than the ones denying choice in san francisco for decades. i think that's a mistake but for graduate we shall be very clear about what were doing here the attempt behind this. >> a few supervisor farrell. supervisor peskin >> thank you get through the president to supervisor farrell, personal i take exception at your unfounded allegations. secondly, i think that we should be clear about the fact that there are winners and losers in this legislation. to the extent that the author the primary author of this wants to make allegations rose up to exclusivity arrangements with current isp providers, there are also individuals in the community and in the internet community who feel that this is a special piece of legislation for one other monster player in the arena named google. so rather than go down that road, why don't we get some advice about exclusivity and liability and the contracts clause from our attorney and then move forward up over the. >> thank you. supervisor farrell spears i appreciate supervisor peskin, that you are literally taking the talking points from comcast, frontier communications - excuse me - >>[cough] project medications-sorry. >> we got it. >> thank you. i'm alright. really it's cracking my voice up that truly were having hearing talking points from comcast from one my colleagues. talking points from frontier communications is one of the biggest multibillion dollar of the company publicly traded cable companies in our country and we go the talking points were going off of here in these board chambers. again i've no problem having discussions with our city attorney's office lets be very clear. in accusation from when my colleagues that this is benefiting one other player in the space with all due respect supervisor peskin, i've not met with that player the course of this legislation. this has to do with a broad scope of people here in the city of san francisco and stop tenants in the tens of thousands of tenants being denied access of internet service provider of choice. to me, that is wanted and went to take a stand that that's why i introduce it this legislation that's why work so hard on this legislation and has altered with a lot of other small business in the city of san francisco don't want to do the spirit don't want to move forward. john provide access for internet access to tenants and residents across our city. so thank you for the comment around accusations but again talking points of congress for my perspective simply doesn't belong here in these board chambers but that being said i'm more than happy to talk with our city attorney about it but let's be clear when were voting on it what exactly doing and why we're doing it. again that point from a continuation perspective, to continue it so we can hear from the likes of comcast and other players, who are denying these internet access and choice in the city of san francisco for decades, to me is not something i want to stand for. >> thank you supervisor farrell. supervisor tang >> i do question. i'm wondering if our city attorney's office could maybe address practical questions that are perhaps not giving away within the memo but if there's actually questions about substantive part of the legislation it perhaps we can do that here out in public? >> yes? >> through the judges supervisor peskin, craps we could start that dialogue with our very cable city attorney here. >> reports a very capable city attorney does not know the details of this dialogue but i can get them to be down here if you give me a couple minutes >> before we vote on the continuance they we can move on with our agenda. if that's appropriate it worked weekend at this point vote on the continuance. supervisor peskin do you want to wait until we have more details and ask a specific question of the things you're most concerned about? determining whether not the city attorney's office is able to answer those questions publicly, now? >> i'm happy to waive the privilege is the board so desires and i can ask all of these things in public but i don't know the city attorney once is to waive the privilege in this memo. >> okay. clearly supervisor, before i: supervisor campos, clearly we definitely need to make sure that the appropriate city attorney is here to address those specific questions. the one familiar with a particular memo in question. supervisor campos >> thank you madame president. through the chair to our distinguished city attorney, is that even possible without-can we waive the privilege without noticing that item? is that something that we can do today or is that something we could have two do at a future meeting? >> supervisor campos numbers of the board you could waive the privilege. it's part of your discussion of this matter. >> thank you. >> so i think at this time before we vote on a continuance we ought to wait until the city attorney has the appropriate city attorney present in order to address those issues and we can decide on a continuance at that time. without objection we will move forward mdm. clerk please call the next item >> item 12, mdm. pres. 17 and 18 together? >> yes >> item 12 is a ordinance to appropriate $176 million of the series 2017 health and safety general obligation bond proceeds to public works in fiscal year 2016 through 17 for permits and seismic strengthening of public health and safety facilities for critical timidity mental health emergency response and safety and homeless shelter and services. items 17 is a resolution to provide for the issuance of a not to exceed 350 million aggregate of taxable and tax-exempt general obligation bonds to authorize the issuance and sale of such bonds for the levy of a tax to pay the principal and interest thereof adopting findings under ceqa and conforming with the planning code and 20 general authority to city officials to take necessary actions in connection with the issuance and sale of such bonds and 18 is arose as to authorize the issuance and sale of a not to exceed 176 million in aggregate principal amount of tax-exempt general obligation bonds prescribing the form in terms of such bonds and the official notice of sale and rent in general authority to take action with the delivery of such bonds. >> college could take those items same house, same call? without objection the status houses on the first reading and those resolutions are adopted unanimously >>[gavel] >> item number 13 >> i'm 13 is a ordinance to wave the banner fees under public works code section 184.78 to 300 banners to be placed by the office of economic and workforce development to publicize the city's shop and dine in the 49 campaign >> same house, same call? without objection the ordinance is passed unanimously on the first reading >>[gavel] >> next item >> item 14 is a resolution to regulate to except and extend $133,000 grant from the regions of the university of california for technical assistance to provide aids relief for april 1, 2016 to march 31, 2017 >> same house, same call? without objection resolution adopted unanimously >>[gavel] >> mdm. clerk it's past 2:30 pm and we have 2:30 pm commendations. supervisor peskin is my understanding that you have eight 2:30 pm commendation? >> thank you madame president. colleagues today i'm delighted to honor a constituent a friend and a longtime district 3 neighbor and leader phone or burkett was joined here by her husband, bernie and neighbor linda marx. of course many of you might know eleanor and bernie as they were the godparents, if you will, of roxio man woman, but this is upon the occasion of eleanor's most recently released book, a walker's sketchbook of san francisco in 2015 eleanor resolved, if i can say because you wrote it in the book, at the age of 77 to walk every street in san francisco so that was some 700 miles she accomplished that in less than 12 months and then turned it into a book of sketches and some 20 walks. she has shared her passion for art and sketching and walking in a previous book, sketching san francisco's neighborhoods a visual journey through a diverse unique city good it's a compilation of sketches of some of san francisco's was beloved landmarks and little-known treasures in neighborhoods. her newest [inaudible] narratives reveal a san francisco am proud to call home. both motley characters, rich cultural history and generations of expenses the committee had on our side of the golden gate bridge. this came out just in time for the holidays so i figured i would help eleanor with her sales but most importantly, it really is about her passion for san francisco and its neighborhoods and supervisor tang is looking at it and passing it around but it captures each and every one of your super bowl zorro districts from mira loma park to the sunset to the richmond to the bayview to the omi and the angle side and of course, starts in north beach and russian hill where eleanor and bernie live and, with that, thank you all colleagues for signing the certificate of honor in recognition for his birth which i will present to her. when you come up and say a few words, however. congratulations of your 700 miles of walking and the one little illustration. >>[applause] >> i can second this is a special city and every day i grow more proud of being a san franciscans. i love the richness of the diversity of the city. i love the neighborhood are also distinct from each other. i love it all. i did this but because i do not feel the first book i didn't really covered everything was on a motor scooter the whole time to so i decided by foot using a whole lot more. also i did it because people were telling me that this is i think people don't live here mostly people that live here know this. there's a dangerous. you can't walk the streets you shortly would not walk south of market anyplace around the tenderloin or whatever by yourself as a woman and i was 77 at the time. i'm older than that. but i think that's baloney. all the times i walked every one of those streets i never had a single moment of nervousness except them except the bees. i got swamped by a bunch of bees at omi. the beekeeper apologize because he was purposely agitating the bees without checking out to see who was in the park at the same time. i was there and those bees followed me for three blocks but they cannot sting me. i just think san francisco, even though has all these hills is an amazing city to walk because it's beautiful. you have to walk hills. that is true. walking does so much more than driving by in a car were being on a motor scooter like i did the first time. i have some favorite neighborhoods, of course did i love russian hill because that's where i live good i love north beach because it so close to me there's always something going on there and it is fun. i love bernal heights and the fuel of bernal heights. i loved watching under and seeing people on the streets talking to each other a lot of criteria for what makes a good neighborhood and meets them all. i love the special spots in san francisco like parents had in hunters point where it's a bird preserve. one by the national park service were the port authority. i can't remember which. it's just beautiful. it's very sublime. glut there and see all kinds of birds. every time you go out you see different burster scene birds i've only ever seen on what some south africa never seen him anyplace else but waster catches. i love how you go park park made by dimitrios--. it's unbelievably good it was a trash pit and now it's amazed. i take people there all the time. they're always amazed that there's all this carved our work all around the sides. i think though when i start walking obviously there's a lot of left off and there's my own biases. i the picture of opening day at the ballpark because i love baseball so that had to be in there. delancey street is one of my favorite restaurants because i love delancey street and i love mimi filbert and i love all they do. so i put that in there. i think though what i want to do was to have my favorite walks and i ought to write this down for everybody. what are the best places to walk in san francisco and there are 20 of them in there. they're pretty detailed and that's what i think makes it different from the other book i did. if you want to know where to find a book you can find it in a bookstore. that's not too hard. sonny asked me if there's any more books plan. this is so exhausting a prospect giving birth to a baby is nothing compared to doing a book. if you ever done a book probably know that but right now we have 4000 bookstore in our two-bedroom condo that we hauled upstairs 4020 pounds of books. just amazing. so the physical effort i don't know if i'd ever do it again. who knows. i'll forget about it. anyway, i feel honored to actually be a member of the city and so it's amazing to recognize it in a way that this book does, i think. thank you. >>[applause] >> next up we have supervisor eric mar >> thank you good colleagues, today i ask you to join me in honoring an amazing expert and community leader--if you could please come forward. he's been the director of an agency the richmond area multi services located in the richmond district but having a national focus, really amazing model multicultural culturally competent mental health services for communities. he soon transitioning into a new role as the director of our department of public health behavioral health services division.-he is an expert skilled clinician teacher and trailblazer is dedicated his last 13 years or more to rams and leadership in the richmond district the entire school district in our city. he is up to vastly expand the regions scope of community mental health services throughout our city both increasing capacity current programs as was bringing a greater array of vocational rehabilitation employment services. based services into the full. i know in washington high school for example the peer-based to help support systems of young people has really a great testament richmond area multi services and his leadership. also prior to his work at rams he was a director of operations at the highly successful bridge to on this program a partial hospitalization and intensive outpatient program formerly operated by the department of psychiatry at s.f. gen. in collaboration with rams which started in 1995. i know when we were debating here at this board i relied on key really extends people like him for advice and lots of people do that with his expertise. he was also the associate clinical professor and department of psychiatry at ucsf school of medicine and is a recipient of the excellent in teaching award by the academy of medical educators at ucsf. mr.-has served as one of the computers and consultants for the dsm five on gender and cross-cultural issues and is been invited to travel to many countries as a volunteer healthcare professional local national and international levels. i should reveal that in 1984 when i had less greater i was a receptionist at rams. that was 32 years ago in the agency from that time until now is totally different and i think because of his leadership the respect and awareness of the models they developed our nationally and even globally renowned. i'm confident that his vision and leadership will be brought from the richmond district to our whole city as he becomes the director behavioral health services for our city. it's a role he will continue to influence and guide through his compassion culturally competent and multicultural lens to meet the needs of our very diverse communities and especially are disenfranchised and underserved populations. i would like to thank him for the leadership in the richmond, the city for young people, really nurturing and all the staff and board members at rams live talk to kind of also totally agree what he brought to rams. he now will be with to expand citywide. i also want to just thank him for being a good friend and always encouraging me in my role in the school board on the board of supervisors as well. please join me in giving a round of applause to the booth, this eerie >>[applause] >> thank you. thank you for this generous recognition. really appreciate it. i been here many times at hearings and advocating for services. soon i will be a city employee and will be in a different role advocating for behavioral health services. i also want to thank you supervisor mar, for your eight years of devoted service to the city could all this listing all those hearing people out preserving and protecting services and also just keeping san francisco healthy through your san franciscans healthy through your initiatives and partnerships. i've tried to do my part in the last 21 years in san francisco last 13 years at rams incorporated to basically deliver and organize services for the community better culturally competent and quality services. also advocate for people who are underserved underrepresented in the community and address the issue of stigma when it comes to mental health and mental illness. so we know there's no health without mental health and we know there's no social justice and called the health care about quality behavioral health services better culturally competent. so i hope i can i think about it as a speak and now i live and work in san francisco. i feel really privileged to be here and work your and serve this community and be part of a city that cares for its people that's inclusive and stands up for what is right and brings people together in a positive way. i really feel privileged for that. i'm reminded of a quote from dr. carolyn peyton, the first african-american in the first female psychologist does the head of us peace corps who said, who must do the hard things create those who can. who must do them the impossible things quake those who care. so thank you for caring and thank you for doing the right thing and doing the hard work. i'm humbled by this recognition. >>[applause] >> thank you for your service and congratulations. >>[applause] >> that ends our commendations for the day. we will return to our regular agenda mdm. clerk please call item 15 >> item 15 is a resolution pursuant to administrative code 6.6 b to approve the airport directors declaration of emergency or seawall corrosion at the infant airport runways 19 and 19 r is made repairs to cost more than $250,000. >> colleagues, take item number 15 same house, same call? without objection adopted unanimously >>[gavel] >> let's go back to item number 11 now that we have our city attorney expert in the field joining us. please identify yourself. >> debbie city attorney william sanders >> thank you for being here mr. sen. supervisor mar. >> i say thank you to mr. sanders for being here. i want to say that i really want to vote on this measure on first meeting and second reading. i think don't vote on it today it will leave many of us out there leaving this board. i feel very strongly supervisor farrell mentioned the struggle to close the digital divide to really look out for seniors and people disabilities like the tech council and others have done closing the homeless cap for low income families that don't have access to high-speed internet. i really am not as concerned about the large telecommunications companies that have been mentioned. to me it's monkey brains. it's a smaller internet service that many people need much more choice and i think this is an issue that we voted on today on first reading we could still get a close session advice and then on second reading, if that advice changes anything we could cast our vote different. i would urge my colleagues to understand how important this is to me to vote on.. i want us to the gig city and a tech city but i don't believe low income people families and seniors and is always younger i think is good legislation that supervisor farrell has introduced like to vote on this today possible but still get the we have a cautionary note but also a closed session with our attorneys to advise us but we don't vote today on first reading i fear that my vote as a member of the board of supervisors that's worked on this issue with coalitions and others for many years and more recently with supervisor farrell fear that might voice, other research and others by stuff like scott flood, to all my staff have work done will not be heard. so i urge us to vote on this today colleagues. >> just for clarity, you want because i want to be clear. there has been a motion. it has been seconded to continue this item into closed session you are suggestion is that we do not do that and that we vote on it today for sure? >> i'm not sure the water is. it's going to close session still allowing us to vote on first reading today i would be okay with that. >> supervisor peskin has requested that we consider waiving privilege and have the discussion openly today to get our questions answered, correct supervisor peskin? >> subject to confirm with the city attorney in open session item of the city attorney wants to do that. i'm open to that idea. i don't know if that would compromise our litigation position. so if the city attorney is going to support our doing that, that was one way to be able to discuss these issues and vote on it today. otherwise, a special-it would have to be continued for noticing the permits for next week. >> supervisor farrell >> thank you mdm. president in terms of open session with our city attorney's office is much much supportive of this legislation obviously i think that's a country setting a bad precedent. it's not something we've done that i can recall since being on the board of supervisors. i think one way to calm push this in a way supervisor mar is to vote on first reading today but also hold a close session next week before second reading. that way we can get the legal questions out of the way. contest concerns can be addressed. and that way also supervisor mar and those colleagues that would want to can support the legislation. >> y. so at this time supervisor peskin >> i do want to say for the record all of the members of this body have received medications from supporters and opponents. many of the opponents actually are building owners. i don't think we've received to my knowledge any communications to my electronically or in writing, from comcast or at&t, which seem to be the predominant holders of these inclusive of agreements that i know we've all received numerous letters from building owners who have issues with legislation but i don't want to lose that fact either. >> thank you supervisor peskin supervisor kim >> thank you. i do have a number of questions on the legislation. i actually support the overall intent recently heard from many tenants would like to receive more choice. in terms of the communication choices that they make in san francisco. however i the number of questions regarding the legality of the ordinance before us. i don't feel comfortable making a first reading vote at all purposes to my colleagues before understanding the risks involved with the legislation before us. so i don't know if there's any way-i'm assuming there's no way for us to hold close session on this item today. is that correct mdm. president >> enforcement, not because it has not been noticed.. >> i respect supervisor mar was to have this ordinance motor on spurs last gig i feel uncomfortable voting on this without getting some questions answered before first reading sweater feel comfortable moving forward with a first reading vote without closed session. that's what i'm going to put out there. hopefully, we can get our answers questions answered next week and then at least have a first reading vote that includes the original sponsor of the legislation. that is what i would feel comfortable moving for with. >> thank you supervisor kim. supervisor campos >> i actually like the legislation. it makes a lot of sense to increase competition and i don't see any from a policy standpoint why would be against this. what i have issues right now is that first of all, i don't think we should waive the privilege because i just think it is bad precedent to do that. i also have a problem if there's a legal issues that we need to consider in us voting on something before ashley discussing those legal issues do so on quote not comfortable voting on something before we have a close session. like i said, i want to vote for this but i do think we need to have a full vetting in close session with our legalistic may be there or not. i don't know but i guess that's where i am. >> thank you. supervisor yee >> thank you. i'm willing to take a vote on it today with the reservation that if and because i was part of the committee and discussing it in the budget committee and discussing this thing. some of the questions that might give a straight out were being raised and i want to have, make the reservation that whether i vote for it today or not i could change,, if i get additional information from the closed session. >> thank you supervisor trainee. supervisor mar. >> unkind to dig up the cautionary legal memo we got >> i just got >> became on november 28 i think it is. we've had many days to look at it i know looked at it and i guess i feel like we should be ready after a few days. the city attorneys spent a lot of time getting us memos and i know that i looked at it and am confident i can vote on this today on this measure is to appreciate my colleagues asking for a close session should we could do that before we vote on our second meeting. if people ideas are changed after hopefully having reviewed the cautionary memo getting more information from december 13 close session they could change their vote is needed i urge colleagues to allow us to vote on first reading today that we can go into closed session with agendize for the december 13 and i think it's a simple process. i understand the discomfort some of my colleagues would feel if you very strongly about voting on first reading on second reading . this meeting first reading, second reading december 13. >> thank you supervisor mar good supervisor peskin. >> let me be clear that extensive conversations with our legal counsel about contents of the memorandum. i don't know if other individuals have. i thought it would be beneficial for all of us to collectively hear what counsel has to say and talk about ways that we can limit that liability. that's--i think that's the most responsible course of action going forward given what this memo says and given what the possible litigation expenses are would you like to publicly reveal this part of the confidential memo, but suffice it to say, it's not inexpensive if we do not prevail and have to pay the other side attorneys costs >> just to be clear was there a suggestion on in the house amendment from the city attorneys office or something that you specifically thought would be appropriate to do? >> so >> delimit the cities liability on the cautionary memo? >> this a bizarre conversation in open session the talk about the contents of the memo the answer is, the memo clearly points the direction the board could take to limit that liability which would require a amendment which i think we should consider >> so just to be clear, supervisor mar and supervisor farrell sponsor of the literature was made aware that proposed in wigs and decided not to move forward, correct squeak >> correct. >> i will make sure we can talk about as we can costly talk about it. okay supervisor tang >> i'm not trying to say the issue i think supervisor peskin is raising are not important but i do want to remind the board think we've had about in 2015 roughly around 20 cautionary memos this year alone. that nearly 30 that counted so far. just putting out there it's not like it's where we had cautionary memos could i do take the city attorney's advice very seriously and when i do have issues after reading it i will contact them directly our printed out there it's not like were just getting a memo just this item. >> yes. typically will make adjustments as appropriate and sometimes we choose not to make adjustments. so with that we have a motion and it's been second. it has the motion is to continue this item into closed session for the meeting of december 13, 2016. we're going to continue the motion because no one has withdrawn the motion. supervisor farrell you have a comment? >> just to be clear i will support this motion. i think especially given the work supervisor mar on this public to support a motion allows to vote on this on first reading today. i'm happy to go into closed session next week but so for this motion is in front of us might be supporting it >> okay. c seeing no names on the roster mdm. clerk on the motion supervisor john >> thank you. i was can ask you to repeat the motion >> the motion supervisor peskin made was to continue this item into closed session at the meeting of december 13, 2016. which is the next regularly scheduled board meeting. it was seconded by supervisor kim, okay. seeing no names on the roster mdm. clerk on the item will call the >> peskin aye tang nay yee nay avalos nay breed nay campos aye cohen nay farrell nay kim aye mar nay there are three aye and seven nay with supervisor tang yee avalos breed cohen farrell mar and dishonesty was the motion fails. >>[gavel] >> on the item which is not been amended mdm. clerk please take roll call before we move forward >> i'm sorry. supervisor farrell made a suggestion. we need a motion to confirm that? >> so we would just need to submit for my understanding a request for a closed session and it will be on the next calendar but i don't believe that we need to make a motion to hold a closed session >>, present. it's probably best you make a motion to go into closed session that weight we can have authority to put on the agenda as such good >> okay. just to be clear and 10 the city attorney confirm this? it's my understanding can introduce without doing a motion it request to do a close session and we don't necessarily have to do that openly through a vote? can you please confirm? >> i concur with the best approaches for the board members to vote >> the best approach but not necessarily required? >> i cannot say it's required. >> okay. supervisor peskin >> two things. one out of an abundance of caution i like to make a motion to hear this item on second meeting in closed session, and then for the record let me stay with supervisor yee stated but in reverse. which of them going to vote, no, on the first reading but if were able to get information that we need in closed session reserve my right to vote yes on the second reading. >> okay. is there a second to that? second by supervisor yee. supervisor farrell. >> we can take the motion separate. i was going to suggest one motion to vote on item number 11 and also joined the motion to go into closed session before it is turned on second will we can certainly take them separately >> my concern, again, a taking them in this particular way defeats the purpose of what were trying to accomplish which is why we should just completely vote on the items separately and allow a request to be introduced today for the purposes of going into closed session >> mdm. president my suggestion is a verbal motion not a written motion >> >> which we can base p was supervisor peskin >> item 11 is now before this body. we don't need a motion to vote on. it's now in front of us. i've made a motion to have a close session of verbal session at the december 13 meeting >> we will take those items separately first. we will take the motion separately to have a closed session at the meeting of december 13 2016 mdm. clerk or colleagues, can we take a motion to close session without objection? without objection the motion passes unanimously >>[gavel] >> on item number 11 mdm. clerk please take roll call >> peskin nay tang aye yee aye avalos aye breed aye campos aye cohen aye farrell aye kim aye mar aye. there are 11 nine aye and one nay with peskin and assigned >> the ordinance passes on first reading >>[gavel] >> let's go to item number 16 mdm. clerk >> item 16 is a resolution to authorize the general manager of the public utilities commission to execute amendment number one to the planning engineer project design service agreement number cs-389 professional is planning and engineering services for the proposed new facility at the south wastewater pollution control plant between the city and provo engineers inc. to extend the contract for total term of december 19, 2023 in addition amount of 19.5 million the total agreement amount not to exceed 33.5 million >> supervisor peskin >> thank you, present. this way the first in what will ultimately be a multibillion dollar budget could i ask about the puc come before the new board of supervisors in separate item will be before us to give the members of the board as well as the public a conference of look at with the program is and how it has changed and been baselined over time. but in the interim i felt could get a brief synopsis of that and karen kubek from the puc is here today to share that with us briefly. >> john-with the pews good thoughts and karen had to run at 3 pm supervisor peskin is corrected were going to be bringing several items to the board of supervisors in 2017. we are starting with this amendment to the headworks design contract were also coming with ahead works construction management contract, the biosolids design contract modification and overall program construction management item and finally a bio construction management item as well as several eir's. we look back before to coming back to the board next year and look forward to presenting an overall look at the program at the next big item is supervisor peskin has requested. >> thank you. >> supervisor peskin? >> data. >> okay. mdm. clerk on the item please call rolled >> item 16 peskin aye tang aye yee aye avalos aye breed aye campos aye cohen aye farrell aye kim aye mar aye there are 10 aye >> this resolution was adopted unanimously >>[gavel] >> mdm. clerk let's go to item 19 >> item 19 as a resolution authorizing the mayor's office of housing and community development to expand 595,000 for the committee stabilization funds to affect various impacts of destabilization on residents and visitors in soma >> same house, same call? adopted unanimously >>[gavel] >> please call adam 20 and 21 together >> items 20 and 21 are two resolutions in the office of contract administration 20 into agreement between the city and on point technologies sales item 20 is a amendment for microsoft online 365 to increase the agreement amount by 4.3 million the total not to exceed amount of 13.9 million to may 31, 2017. item 21 is a amendment number one the microsoft enterprise product for an amount not to exceed 14.7 million to may 31, 2017 >> same house, same call? without objection adopted universally >>[gavel] >> item 22 >> item 22 is a resolution to regulate the 2016 house number two persons with aids and expand the 2016 1.4 million grant from the us department of housing and urban developed through november 30, 2019 >> colleagues and we take this item same house, same call? without objection the resolution is adopted unanimously >>[gavel] >> mdm. clerk these call adam 23 and 25 together >> item 23 is a ordinance woman the planning code that section 249.15 to great commission and ninth street special use district in the area generally bounded by mission street on the south lasky street on the east assesses parts of october 30 7011 number 22, 23 and 24 on the west and assessors parcel block numbers 3701 one number 66 to the north to amend the zoning map that sheet s you 072 great commission and i street special use district command zoning map sheet hd 07 to change the height limit on assessors parcel block number 3701 lot number 20 and 21 from 120 x to 200 a2 from the planning determines the sql determination may give providing and i'm 25 is a ordinance commend the general plan advising the height designation processes parcel block tumor 3701 lot number 20 and 21 on that five of the downtown area plan 120-x to 200 x among the mitigated negative declaration prepared increments with ceqa make you probably finance >> supervisor kim >> thank you. this item before us today which i'm a cosponsor of is the result of a true a collaborative process over the past two years between community stakeholders community based organizations and the project sponsor of this site. i'm really proud to have ordinance that is coming before us where development project we will be working to achieve 25% on-site affordable housing. unfortunately, due to an oversight including a last-minute agreement between the planning department and the project sponsor, this portion of the agreement is not memorialized in the ordinance that is before us today. so i would like to make a motion to clean that up to make a motion to amend item 23 in lines 22 and 23, the additional line that 3.5% of the units affordable household earning 150% of average median income for the purposes of renting an affordable units. previous to this addition, the project sponsor had already committed 23% affordable housing to the community, 40 units, that 55% of ami, 4% at 70, 4% at 90 20 commission and requested the project sponsor agree to an additional 3.5% at 150% of average median income and this would just memorialized this within the general plan amendment that is before us today. we been informed by the city attorney that this unfortunately requires the planning code amendment to go back to land use and so my only request is that we could hear it at land use next week and 40 as a committee report back to the board of supervisors next tuesday so that the project sponsor can move forward with this development before the end of the year. however unless i stand to be correct by the city attorney we can move forward and vote on item 25. because i'm not making amendment to item 25. i felt uncomfortable 40 both back to land use committee. >>[inaudible] [off mic] okay. colleagues, going to make a motion to amend item 23 as i just articulated and then this item will be sent back to the land use and transportation committee and colleagues address for your support for item 25 today >> so just to be clear supervisor kim has made a motion to amend and send item number 23 to the land use committee on december 12, 2016 seconds supervisor tang. colleagues can we take this item without objection? without objection this item will be amended and sent to land use on december 12th 2016. >>[gavel] >> on item number 25, colleagues can we take that item same house, same call? without objection the ordinance is passed unanimously on the first reading >>[gavel] >> please read item 24 >> item 24 is a ordinance torment the planning code two men such a map 08 of the zoning map to resume height and bulk designation for one 1493 1497 potrero ave. assessors parcel block 4277 lot number 16 to a friend the planning determines ceqa determination spears can we take this item same house, same call? without objection the ordinance passes universally on the first reading >>[gavel] >> let's go to item number 26 >> item 26 our resolution to approve the jurisdictional transfer of 18 1 gerald ave. assessors parcel block number 5281 lot number 001 commonly known as the asphalt land site under the jurisdiction of public works to the san francisco public utilities commission and a portion of 116 napoleon st. commonly known as napoleon site currently under the jurisdiction of sf puc to public works. subject to the terms and conditions of the memorandum of understanding to puc and public works and to adopt the appropriate findings. >> colleagues can we take this item same house, same call? without objection the resolution is adopted unanimously >>[gavel] >> because let's go to our 3 pm special orders >> item 27 through 30 comprise of special order at 3 pm for public hearing of persons interested in the public works decision approving a tentative map for three units of new construction at 162 through 164 chemistry dated october 18, 2016 get items 28 and 29 other motions associated with approving or disapproving the tentative map and item 30s motion to direct preparation of finance >> supervisor farrell >> thank you mdm. president. colleagues were attempting to solve this outside of the board of chamber spirit so with all the parties been supportive of it to continue motion to continue these items to our february 20, 2017 board meeting and hold the hearing opened at >> separate spears motion indicates you keeping the matter open? >> thank you, yes i include that in there wasn't vertically cleared up your motion to keep the matter open and continue at it until separate 20th >> separate 20th is a monday. >> 28 i believe the >> 28, okay. supervisor farrell is made a motion to continue the second to the meeting of february 28, 2016 seconds by >> 2017 mdm. president >> thank. every 20th 2017 seconds supervisor to nine and without i like to open up for the public specifically to only speak on the continuance. >> i support this [inaudible] neighbors and merchants we were never notified of this issue. i would like to double check. some people are feeling in. i like to be included in the process with supervisor farrell. i'd also like to take a gander of the neighbors. just on my own. thank you very much but i support the continuance. i'm horrified that we were not informed. >> thank you. any other members of the public would like to specifically speak on the continuance? seeing none, public comment is closed. >>[gavel] >> colleagues, mdm. clerk on the item to continue can we take that same house, same call? without objection this items will be continued to the meeting of february 28 2017. >>[gavel] >> mdm. clerk our next 3 pm special orders >> items 31 through 34 and item 35 through 38 mdm. president these items comprise a special order 3 pm for hearing of persons interested or objecting to the determination of exemption from environmental review under the california and rental quality act issued as a categorical exemption by the planning department on september 27 2016 and approved by the planning commission on september 29, 2016 for proposed project located at 203 carter street and the second being him as i mentioned 35 through 38 for individuals interested in the server edition of a conditional use authorization pursuant to planning code section 209.1 and 303 for proposed project located at 203 carter st. and the items the motions associated with the approving or disapproving those items. >> thank. colleagues as i understand the appellants have withdrawn both of the appeals relating to 203 carter st. supervisor avalos. >> thank you president lee. these items, yes, the appellants have withdrawn their appeals. the exemption from environmental review as was the conditional use appeals. i didn't want to talk about this project though. it's actually been very interesting. the neighborhood in the mission terrace neighborhood that is experienced flooding that has actually created a lot of frustration and stress in the neighborhood especially on cotter street. we had flooding in 2004 and in 2014 that resulted in the homes, garages, in the rooms, of houses being inundated, lot of damage. and the residence along how you got and cotter are actually involved in a lawsuit with the city. they look at this project at 203 carter st. which the across the street from any rooms assuming that could exacerbate some of the flooding issues. and some of the concerns raised with this hearing were really undressing hydrology. currently, at that site 203 cotter, it's open space it is been open space for a number of years probably forever never really been developed. it's kind of a space and alleyway, green space in between houses. in the past eight or so years is been different multiple property owners that the last one that sold i think was looking at building condominiums there and decided not to drip in 2010-2011 there's a font called little city gardens that's been growing there and selling their produce two restaurants in the air. brashly commercial venture and in making money but it's really low key we tied to the land. the current farmer there given galloway, has been doing a lot of great work the legislation was allowing this to be a land use site back in 2011 that president chu and supervisor mar were done with the mayor. the loss of the farmers actually very real. this project at 203 cotter's building at school and it's a big loss to the neighborhood that actually grew to really appreciate this farm operation. it's a very small one. everything was done by hand and caitlin galloway has a real connection to the land based on all of her labor and her work with her hands that she built the shed there is a lot of material. she's been growing wonderful things there but the new property owner is building a scoop. they own the land and they're going to be moving forward. they're designed for the school is actually something that is really tremendous. it's not like anything we see in district 11. it's a design and architecture that's going to be really looking at the green space and adding building but also building that will be absorbing a lot of moisture into the groundwater really think that's an exceptional think it also looks incredible like something you would see generally in other parts of san francisco. not what you see in district 11 good i'm actually excited to see that this can go forward and the last remaining piece is how do we get the school and the neighborhood to work together to see each other as neighbors and have a relationship that's long-lasting and fruitful. i think the discussion started last week you are leading in that direction and of course the tone is dropping the appeal is based on an understanding to going to go forward as neighbors. so i'm really excited to see that project is now moving out of the controversial stage and into the thing that is going to be embraced by the community with a lot of work building a relationship. so this these items now i guess we won't be having a hearing. we had public comment. is that correct? >> yes. >> i'm okay to start vote. >> i've entertain a motion to table the item since they been withdrawn >> i spoke to do that but do we want to do that after hearing from public comment we >> okay get all open this item up to public comment. any members of the public-i'm sorry supervisor cohen >> supervisor avalos i love would you know which you whispered into the appellants in your? i met with the appellants and i mentioned to me that they had a meeting with you and i think supervisor elect safai >> yes he is our supervisor elect >> there was a meeting? >> there was a meeting at the planning apartment with john lam last week >> i'm sorry i bad information >> we had a meeting was nothing really whispered that i didn't say anything to anyone that no one else heard. essentially, what i said is going forward it make sense that everyone here is going to be neighbors so how can we best the neighbors and share information about what the community around the school would like to see the school to do and can the school agreed to meet them halfway and they seem to be going in that direction. so there was discussion at the meeting with john lam saying if we agree to do these things we will drop the pounds said they will drop their appeal. so what of the discussions was that they would share information about the hydrology reports and kind of get that settled about what makes the most sense for that. they also wanted to discuss that there is possibilities of moving the school back providing more space in between the houses to the west of the school or to the east-sorry-to the east of the school building and so. they will be talking about that some type of design changes to there's also discussion about how to do the enforcement around the transportation or the cars echo the lineup at what point to be in place to mitigate cars caught in traffic so that talked about how that a whopping school bus stopped and what of the ways they might be able to set up to walking the last 100 or so yards to the school. so that was a discussion are going to continue and they will agree that was quantity left to still discuss but there was interest in doing that. i felt was interest in people wanting to become better neighbors. >> well i want to i was under the impression with the leader in spearheading this. i just want to comment you because i met with the appellant met some real serious concerns and now to receive this news that all the parties are interested in being good neighbors, the hydraulic study. these are very interesting fine points that did not come out in my meeting with the appellants but always it was enough to bring about neighborhood piece. so my complements to you. good job. >> thank you. i just think of the neighbors were willing to work things out together john graham how good was actually in my office earlier in the week my last week to help with this. >> will good job to job john graham and all the parties involved. >> thank you. >> thank you cause. let me remind you that you should maintain any level of a conversation to the president. thank you. with that i will open this up to public comment. any members of the public comment delight to speak on this on this item at this time seeing none, public comment is closed. >>[gavel] >> this hearing has been held. >>[gavel] it's my understanding that we will still need to go through this particular process so supervisor avalos, would you like to do the honors? >> yes, i would. thank you very much. i would like to motion that we file items 31 and 35. those are the hearings we approve items 32 and 36 which are the affirmation of the planet determines determinations and we table items 33, 34, and 37 and 38 >> supervisor avalos has made a motion. is there a second? said second by supervisor 10 thank you colleagues can we take that without objection? without objection that passes unanimously >>[gavel] >> supervisor avalos >> just want to say you know my eight years on the board of supervisors, not quite eight years yet, this is the second time that projects district 11 i've had appeals and is remarkable because there's been so many of these that have come through but there's not a lot of development that happens in my district. evans a lot of other places in the city and so i'm glad i got another one in before i left office. >> very nice and congratulations on your ability to get this one done in this fashion. mdm. clerk let's go to our committee reports. >> item 39 considered by the budget and finance committee the special meeting on monday, december 5 and was forwarded as a committee reports. it's recommended as amended the same title and item 39 is a ordinance approved and authorized the executive director of the port of san francisco to execute a project partnership agreement with united states army corp. of engineers to allow federal dredging of the central basin adjacent to pier 70 condition upon the port matching providing a matching chair from the port not to say possibly $3.1 million to exempt the agreement from certain records of the environment administrative codes until from the plant palms ceqa determination >> supervisor tang >> thank you. i did share the special meeting on behalf of supervisor farrell. i thought i would let you know what we discussed essentially this is a 30 year agreement that the port is going up with the us army corps of engineers to engage in dredging. so that pier 70 and the work that goes on there to repair ships continue to go on. the last dredging the full dredging occurs about 10 years ago what under this agreement recently moved to do that were rightly so they don't have to turn your ships away which would, the cost of losing jobs and silver. so i do recommend that the full board approve this agreement >> thank you. seeing no other names on the roster, colleagues can we take this item same house, same call? without objection ordinance will be passed universally on the first reading >>[gavel] >> next item please spears items 40-44 without considered by the government audit and oversight committee on the meetings thursday, december 1. item 40 recommended as amended with the same title. it's a ordinance to amend the camping governmental conduct code for conflict of interest code form 700 filing requirements for the city san francisco community college district event unified school district successor agency to the redevelopment agency by adding the leading and changing titles of designated officials and employees to reflect organizational and staffing changes by refining disclosure requirements for designated officials and employees. >> colleagues, take this item same house, same call? without objection the ordinance pass on the first reading the double >> x item please >> item 41 is a ordinance to authorize final settlement to 16 21345 by ronald and patricia martel against the city for total potential payment of approximately 5,000,000,000-5,000,000,000 speak - excuse me - and hold harmless for limited or not. >> same house, same call? without objection the ordinance passes unanimously on the first reading >>[gavel] >> next item please >> item 42 also meant as a committee report the director property to agree to acquire and accept the state of golf on all its rights title and interest in and to the sidewalks along portions of van ness avenue portions of s. venice ave. and underlying real property except as otherwise accepted and reserved by the state of california. >> same house, same call? without objection the ordinance ordinance pass on the first reading >>[gavel] >> next item >> item 43, present. was afforded to the board >> let's go to roll call for introductions. who is up first? >> supervisor peskin >> thank you good morning. colleagues, as we learned earlier this year in the last 40 years san francisco's low-cost residential hotels have dwindled from some 33,000 units to a little bit more than 19,000 injured this 14,000 unit lost very low income housing almost twice our current was population. as neighborhoods like the mission chinatown and north beach the tenderloin and lower nob hill no, he's units are truly the last remnants from the affordable housing stock left in the city. they not only serve as additional housing for those exiting homelessness or low income things struggling to get by the far more often last place a single adult particularly seniors fixed incomes can live in the city is rapidly become more and more expensive and some would say a giant tech. these units have artist barkeep's hospitality industry workers in neighborhood characters to whether through speculative warehousing of units illegal airbnb were illegal conversions you're losing this critical housing stock. thank you for your approval earlier this year whatever eight were touring on sro conversions in the absence of definitive proof is conversions would not adversely affect our formal housing stock. after several months of work and critically want to thank sonny and glue of my office did homage is a legislative update to chapter 41 the administrative code that was the law that governs hotel conversions that was approved by the board of supervisors in 1981. our amendment would clarify what constitutes a permanent resident bursa transient tourist as well as what constitutes true placement housing for seniors disabled and low income residents in the case of conversions. (or in person in marketing tools toward a permanent building inspection and update the info visa ministry to fines and penalties reflecting this cost recovery needs and the nexus without housing program. this is legislation crafted to address cannibalize nation of sro housing stock into condos and later amended and is past due for a conference of update. i want to make it clear the kind of speculative warehousing of units at the city is been seen over the last couple of decades is completely unacceptable. it's time for the city to dr. housing stock before going to truly address her housing prices in san francisco and also want to thank rosemary bousquet and jv summons-as well as the tenant leaders sro collaborative unite here local two community tenants association for their input and feedback over the last several months as well supervisor kim for her cosponsorship. housing preservation is a critical key to addressing the housing crisis are looking forward to your support and secondly i'm introducing a package of new ethics reforms ever improving for some time in the city at least since the days and months leading up to prop virtually at in the year 2000 and most recent november election astonishing 70% of san franciscans residents voted in favor of constitutional moment to overturn citizens united nearly 90% of voters approved new local restrictions on campaign can divisions by registered lobbyist. was by far the most popular measure on the ballot and was built by giving that tiny fraction of the resources of about measure committees enjoy. we know this. there's a huge advocate for campaign finance reform in san francisco is a clear mandate to affect campaign-finance reform which extends to regulation of our own activity and we have also anecdotally known to the influence leverage by moneyed interests in city hall is pervasive. the legislation introducing today contains new disclosure requirements and prohibitions on activity including bundling of campaign contributions restrictions on our own activities is elected in officials this letter about measure committees and on the contributions of entities and individuals with pending land use matters before the city. an proud of the work my office is done on this in the past. this past year. particularly, around legislation banning candid control general-purpose committees moving forward new disclosure records for fundraising by members of city boards and commissions and with developing performs in front of us could i want to thank lee hoeppner of my supper working on this. these are all incremental steps in the right direction in the coming months of data support of you, colleagues, or all of these measures and in doing so and also to engage in the conversations that we need around implementation and enforcement of these in our existing regulations. the rest i will submit. >> thank you supervisor peskin should supervisor yee. >> thank you mdm. clerk. today i'm introducing a ordinance to amend the ministries of business and tax regulations code to illuminate any outdated and unnecessary fees to streamline the codes and make it easier for small business owners to navigate fees. after consulting the comptroller's office working with the police department entertainment commission, department of public health, and taken recommendations and incorporated them to this legislation. many of the fees are already set at zero dollars anyways or are anachronistic or burdensome. eliminating these fees would have minimal revenue impact. the purpose of this ordinance is to simplify the list of these for small business owners and make it less burdensome to conform to our city's requirements. the rest i submitted >> thank you supervisor yee. supervisor avalos. >> a few mdm. clerk. colleagues related to the hearing we just had onto 03 cotter, it showed that we had some growing pains in district 11 mission ter. neighborhood. one of the painful outcomes we had for this new project at 203 cotter is that little city gardens farm is no longer going to be there. so what i'm introducing a resolution that will call upon the department of real estate to work with other departments like the park and rec and public utilities commission to look into how we can create were set aside a reserve land for agriculture and commercial agriculture and accurate education agriculture. we have models that are possible in the city and county of san francisco 12 urban agriculture program we also don't really have lands that's really readily available. nor do we have the conditions in the land is financed with public space is financed to be a will to make such a farms of viable. so i want to look and see if we can create as five resolution and permanent real estate and work with other entities involved with urban agriculture program to see how we can go about setting aside land that could be used for such purposes. so that is a resolution on introducing and i'm hoping that when the colleagues i will continue want or is new to the board will be able to work with that program that idea. i am also requesting that legislation be drafted good i'm asking the comptroller's office to create a supplemental appropriation about how we might be able to move money around to pay for our services that perhaps we would like to cover the were not approved by the ballot. but i'm going to cover on was an transportation services. i'm asking the comptroller's office to draft legislation based mostly on a budget analyst report i asked for. if were trying to bring in funding for these services, but we possibly get that money from in our budget. so i passed the budget analyst to give recommendations. i spent that whatever is going to be ultimately in this supplemental appropriations ordinance will be negotiated through adobe good to have a document we can work off of what the future board can work off of to make those discussion and negotiations happen. currently, what we see moving forward is a plan for the mayor's office is not totally in agreement with. we also have a discussion about how we might move forward with universal access to representation and not in full agreement about the process for that good i'm hoping this will supplemental appropriation will give us the ability to make some changes on the spot the we can do as a legislative body with the mayor's office at some point in the new year. the rest i will submit >> thank you supervisor avalos good president breed >> thank you. colleagues today alike to adjourn our meeting in memory of the 36 lives lost in the tragic ghost ship fire in oakland on friday december 2 and i know supervisor mar joins me in this effort. a letter from the board of supervisors will be sent to the mayor of oakland specifically for this particular in memoriam. our bay area committee was struck by this tremendous loss and firefighters continue to search through the rubble and devastation left behind. it's my understanding they are i think over 85% complete with their search could i want to offer our thanks to the dedicated men and women who responded to the scene like to extend their condolences on behalf of the board to all the families and loved ones impacted by this tragedy. as a community that thrives on her commitment to the arts is a gun culture we admire resilience and are thankful for the love joy and magic many of these artists ring to our bay area community. made a victims of this sad tragedy rest in peace and we are sending our heart felt condolences to the families, especially at this time. colleagues, i would like to do this on behalf of the entire board without objection. without objection will do this on behalf of the entire board >>[gavel] speaker, before we move to roll call for introductions i want to give supervisor mar an opportunity to speak to this particular in the morning. >> thank you president read breed. i want to share my great sorrow and sadness in joining you and the board to and the meeting in memory not only the 36 with the youngest victim of the open goshen fire, 17 old trailer on the guilt a student at san francisco school of the arts. it's how some of us refer to it. but also dj-also known as johnny-the music buyer for green apple records and books. he was also a graduate of-from 1999 and worked at green apple in my district and many others lost their lives on friday night in the warehouse fire i think the fire officials that supervisor breed said referring this to it is the worst structural fire in the history of california and we are feeling the impacts of course here in san francisco and open to debate. but also throughout this country.. but artists oakland city officials and oakland really hurting. artists, djs and the edm communities are based journeys really really morning the tragedy. there is really many of us have different degrees of separation from the tragedies and i will just say i have some really close connection to the fire but i think the entire arts and creative community feel a devastating loss of an amazing space and creativity that was in the space that burned that night. last night during the vigil congressman debra lee made a great statement from pres. obama that america's last young man woman with her whole futures ahead of them. san francisco high school student and artist david mcgill was one of the youngest among them. commerce woman lee also continue today our prayers go out to the people of oakland california in the aftermath of this weakens dudley fire. one of the worst fires in the states it. while we still don't know the full tone of this disaster we know in american community has been devastated. for me, 1° of separation in this tragedy hits close on to my daughter gina and i get to the reported death of trade on. 17-year-olds really talented singer and the whole vocal department in san francisco school of the arts is mourning him with a wall of things for him from yesterday joe fitzgerald rodriguez [inaudible] from the examiner reported that trade on was when my daughter's best friends and data whole group of friends that burned together yesterday and last night. trade on frequently hung out at my husband he slept on the couch when he could not get to bart in time to home in time to dublin where he lived. i'll really miss them but i know his friends really hurting right now. between processes but really hard for his family and i want to thank ray vaughn's dad for giving me permission to close this meeting in fremont honor i think i just want to express my deepest sorrow and condolences to fill in tammy. and raven sisters mueller and nina and her whole family. they are going to celebrate to avon's life on memorial on sunday in hayward and i want to at least let people know that the family is celebrating his life sunday, december 11 at the church of jesus christ 2000 highland blvd. in hayward. also, the community on saturday december 10 at 7:30 pm is doing and in remembrance through the vocal department in the orchestra. they be performing ron's requiem to express the sorrow that people feel about fremont's passing. i have really good memories of this beautiful young man trade on mcgill that our family visited yosemite last year and rayon and his family also were there and he'll climb the waterfalls to the sky reaching up for beauty and creativity and joy. that feeling is in me and how i always will number to avon and never forget him. in the wall of memorial the students did a lot of thinking and remembering to avon. some said your infectious smile and constant positivity thank you for that and other said wish me luck during addition some said i think of you when i sing. other said get a calming presence and a kind heart. one of to avon's best friends, luckily escaped the fire that night and from what joseph is the gerald rodriguez right choking on the fumes he likely jumped out of a window and then heard someone voice to basically be saved but -in the world music debarment of which he is a part did a drum circle and that helps with the ceiling as people express what they felt in morning. also others that-same dream once favorite song. i know that he loves the band radiohead's i and my daughter, duke and thom yorke the vocalist and composer and singer now whenever jaden and i will hear songs like no surprises in your extracting voice will always emerge rayon and assuming laughing in his dreams. art, heels as joe fitzgerald rodriguez said and music heals. medical help in this process. to avon was very talented performing with somebody different choruses but i know there's a special one in a cappella trio that many of his colleagues from the vocal department performs and i want to also just say that to his close friends like julian and jade student body president-who was in the a cappella trio with them to floyd, jesse, and the entire vocal department, we will mourn for to avon but never forget and i want to thank the school district and the-counseling staff for supporting the students and providing the grieving space for classmates to mourn. lastly, i want to thank berkeley maritime for raising the issue of the need for safe art spaces and affordable ways for people to live especially artists in our communities. burning man organizing issued a great statement that said, it's a time because the compassion kidney support and learning can we can work collaboratively to inform and educate an effort to prevent these kind of actions in the future did they talk about safety protocols and fire response times for creative spaces. and for city departments and policymakers and agencies to work together with community spaces. property owners and venues so that we don't drive cultural spaces out of existence but rather seek to make safe and welcome places in our cities. thank you mdm. president for letting us close our meeting in honor of not only trade on mcgill but also many others but i also want to acknowledge another 1° of separation person were actually this person is 2° and separation . his name was johnny-88 tj maxx and he was the music fire for green apple books. i want to thank pete-green apple family for acknowledging johnny and i want to thank johnny's brother, paul, for allowing me to close our meeting in honor of paul, the dj. he had a dream job at green apple books being the music buyer and though it's not confirmed that johnny has died in the fire his family fears that he is gone. so thank you to paul for letting me know about the memorial set midi organizing value many in the dj community that work with johnny will be honoring him in different ways. johnny-was a school of the arts graduate in 1999 when the school was on fund street near san francisco state. his brother paul was a graduate also of the school guards in creative writing about 10 years ago and was a colleague of children's gerald bard reviews as well. i want to thank the whole school of the arts community for creating a space of creativity but also morning as people grieve with the passing of these creative artists from our community. thank you president breed for saying these things to speak from my heart. there were my last board meetings of the year. and of my eight year term. so thank you very much. the rest i submit. >> supervisor peskin you want to comment as well? >> yes. i just rise to speak to one of the 36 individuals, jonathan burnham's most recent confirmed death in the open fire . i've known his parents all my life and my profound condolences to ed and diane and his brother. >> thank you supervisor peskin. i want to say, briefly that we will again, adjourned the meeting in their honor on behalf of the entire board. so, with that mdm. clerk we will return to the order of roll call >> supervisor campos >> thank you president breed for doing that on behalf of the entire board. i was actually briefly at the vigil - excuse me - that happened in the castro. yesterday because this was also a place where many members of the-communicate as a member of the lgbt community i know how devastating this has been for this community as well. i started my term as supervisor fighting efforts by then mayor newsom to weaken sanctuary in san francisco. sadly, i amended my term as a supervisor fighting efforts by donald trump to weaken sanctuary in san francisco. i thought my last meeting of the board of supervisors is my term as a member of the board of supervisors would be next tuesday but it is clear that we can and on that note and so i'm doing an introduction today to call for special emergency meeting of the public safety neighborhood services committee that i am a member of two and i want to thank the chairman of that committee supervisor kim, for consideration of the special meeting. as you know, working with broad coalition of community members and the public defender, i introduced a request last week for funding of legal services for universal legal services in universal legal representation for immigrants. i know there is a debate that goes on right now. the chronicle in its editorial said why do we need to act now. essentially when we wait and see. actually assembled some remember david chu said we don't really know what donald trump is gone to so let's not make any premature moves that he was quoted saying that in the chronicle. respectfully, we don't believe those of us who are working in the immigrant community that it is possible to say we don't know what donald trump is going to do. we know what he's going to do. doherty said what he's going to did he specifically said that he's going to deport 3 million people in his first 100 days. his chief advisor in the area of immigration is kansas secretary of state chris kovac, who is who is the architect of arizona's speedy-1070. as a racist a lot as we've seen in the history of this country that law specifically said that law enforcement had to ask people for their papers and allowed officers in that state to ask anyone without a warrant, without a warrant, to show the documentation if the officer believed that the person could have committed an offense that led to deportation. could have committed an offense that led to deportation. in other words, if the person look like they were undocumented. it's not entirely clear what objectively and undocumented percent looks like but we know what they meant. right? if the person look like me, if a person look like supervisor avalos. now, we are we are a week after this proposal was introduced is that we are in a bind. the mayor has essentially said, actually not the mayor directly, but his staff-that they are not in a position to support something that half the public defender today. the president of the board has said in the press that she's not going to waive the 30 day rule unless the mayor in my office and jeff-and the community work something out. the problem is that for those of us that the together this proposal, with the mayor means when he says, or what they are saying, work something out, we dropped the public defenders in the proposal. the problem is that we cannot, in our view and good conscience, agreed to drop the public defender because the public defender and the expertise they bring to these cases does to the heart of what it means to provide legal representation. so describe it this way. it's like will give you a doctor but if you need a surgeon or not 20 give you that surgeon. so it's the only way this is going to be heard is for the president to waive the 30 day rule is if we work something out with the mayor but if the mayor status ain't the only way were going to work something out is to drop the public defender, wha

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