supervisor chu: thank you very much. we are back from recess. please call item no. 5. >> item #5. hearing on park safety within ordinance amending public works

code section 184.78 to allow city neighborhood banners, as defined in section 184.78, to be posted on the path of gold lamp posts lining market street, and supervisor dufty: thank you for looking -- welcoming me back to the committee after my brief departure. the rainbow flag is an iconic image of the lgbtq committee -- community around the world. you can go to great cities of the world like madrid and paris and see the rainbow banner on polls that designates neighborhoods and communities that have a preponderance of people from the lgbtq community in the conference -- in the

city. currently they are not be able -- not legal because of the legislation establishing the path on market street that in 1991. if you are in the castro neighborhood there are banners there and they are well maintained and clean. and they are well managed. because of these provisions, market street is not able to have a replacement. i would like to start an acknowledgement from the bureau street map of public works. it has been difficult for them because of all laws in practice not being in sync with each other. which is difficult. i would like to acknowledge that this recipe -- legislation has

been referred for historic legislation recommendation committee and i am asking colleagues that if action can be taken it would be to send this item forward without recommendation. mary rodgers is here from the planning department to speak to that process going forward. i would like to acknowledge my good friend, peter lewis. someone who has been very active in the preservation of the neighborhood. the recognition of all of the contributing preservation buildings. i feel that preservation in this case needs to be broader in view. in that sense, what we are talking about is also the identity and sustainability of the castro as an lgbtq

community. the issue is that there are not many neighborhoods that are left that really have a cultural and social identity that strong. there has been work from the planning department to recognize when a contribution is made by this community to the history of the castro. given the creation of the flag in this city, it is important that we recognize that the rainbow flag is a neighborhood manner for the castro. i have a couple of changes i would like to make in recognition of the feedback i have received. madam clerk, madame chair, if i compare pass copies to you -- what i would propose is that we would address the issue of fasteners. this has been the major concern

raised, that the ones currently being used might be causing rusting on the path of gold historic light fixtures. so, this language would recognize that it is a city landmark and all attachments must be made with fasteners that are reversible and causing no damage pursuant to planning code 1006, temporary modification shall be sent to the commission for certificate of appropriateness. the language worked out with the city attorney would make sure that fasteners and in the future would not be damaging to the polls. i have further discussed with the city attorney that i would further like to make a modification to the language on page 4 saying that the rainbow flag symbolically representing the neighborhood such as the ones adjacent to the neighborhood, adding that

starting at church street west of the castro street, again i am trying to recognize concerns that peter lewis brought to me about the identity in the entrance that market street has. beginning them at church street and carrying them through. colleagues, i would appreciate if perhaps these items could be amended into the legislation. supervisor chu: to clarify, the first amendment reading, 200, where did that get to? >> i believe it will go into the findings. >> as to that amendment, that language would go into scout -- subsection f on page 5.

supervisor chu: just a clarifying question, does this amendment operate retroactively to existing banners? rainbow banners on the path of glory, are they going to get new fasteners? >> i cannot speak to the fasteners that are currently used and which ones can be used from this point forward, that would have to be enacted by the board. >> the banners have been replaced on castro and 18th street. there are new fixtures and apparatus. subsequent to this legislation being adopted we would have fasteners' more suitable. supervisor avalos: dpw has

agreed to that? >> good morning, supervisors. can you repeat the question, please? supervisor avalos: with that these new fasteners being proposed with the existing lambeau banners, would they be replaced with the new fasteners being proposed? >> honestly, i am not aware of that. we do not provide them. they are installed privately by private installations. in our current guidelines throughout the city we do require protective material between the actual polls and the metal bracket so that it does not stretch. the problem has always been endorsement. we do not have the materials or supplies to have our inspectors

basically climbing up a pole to check that. >> i would also add that part of the problem has been that because they have been up without coming down, they only come down when they are in tatters or bad shape and they have been difficult to maintain. maintenance has been interpreted as removing them. i think that they could get a lot better and i am certainly committed to that. market districts have been involved in the replacement of the banners and i think that they would be very active in making sure that we have good, well fastened banners. supervisor avalos: actually i think it is fitting to have the banner on that ramp. i just want to make sure that moving forward we are doing as little damage as possible.

supervisor chu: clarification on the second amendment on page 4, adding the words that began on line 10 adjacent to the neighborhood, was there anything after that? >> starting at church street and ending at castro street. i neglected to add that the city attorney and planning department need to add subsection b that a duly noticed public hearing the historic preservation commission consider this ordinance document on file with the board of supervisors simply acknowledging that hpc will be considering this measure as they are required to do. we do not require their approval prior to moving this out, but we do feel that the most appropriate thing would be to recommend and reflect this legislation once these

amendments are adopted. supervisor chu: to the city attorney, these are non- substantive in nature? >> correct. supervisor chu: let's take up these items after public comment. are there any other members speaking in terms of preservation? >> i think they are fine. supervisor chu: let's open this item for public comment. are there members of the public that wish to speak? i have a few cards here. [reads names] >> hello, super rite -- supervisors. as the supervisor pointed out, for the last five years the neighborhood association has

been working hard to complete the survey work on the neighborhood. on march 17 of this year the same company that oversaw the opening of the city hall palace of fine arts and capital building, they did our survey and it was unanimously adopted by the hpc on march 17. we are very pleased about that. by and reference to the supervisors changes in the amendment, we are still very concerned as this is a citywide issue that will create a precedent for banners and no matter what kind they are on historic lampposts. yet more than anything we are very concerned that you are considering this issue today without it being considered by the hpc first. what we would ask you to do is not to pass it on to the full

board yet and let the hpc have their say. it is just two days away. i do not understand the rush. in reference to the compromise, after word perhaps we can sit down. but for reference we would but not want to have any permanent banners first off. but if there was any compromise the final statement of survey goes to octavia n. sanchez. requiring the director to take down any abandoned and illegal sign image. considering they have not been doing it for the last 10 years. in addition to that, until recently they had changed the definition.

can i finish my sentence? supervisor chu: thank you very much. next speaker, please. >> speaking personally as a resident of the boy and a vis the park neighborhood, the castro is my neighborhood for shopping and dining. i am familiar with the banners on the light poles in the area. i very strongly support putting them on the path of gold fixtures as well all along market street. i know that a number of people wonder why they are not there and if the supervisors proposed legislation addresses that and makes it possible, i see no problem with the precedents being set. this is a specific bank in a specific neighborhood and of others wish to come forward, it will provide good groundwork for

that. i urge you to consider the legislation to clear the obstacles that have made this a leftover, tattered banner situation. personally i know from work that i've done that new banners can be properly, safely, and appropriately installed with full respect to the historic resources involved. thank you. >> good morning. i am an architect and a longtime neighborhood activist in the upper market. i actually designed harvey milk plaza years ago. i was on the competition board that decided on the center. i was also on the mayors of by azeri committee which insisted that the city extend the path of gold market site into the castro district. at the time we felt strongly

that market street is a citywide resource. the path of gold was a historic resources. in my opinion this legislation is an attempt to get around proposition j, passed by the majority of voters, as it takes away the decision on how to decorate a historic landmark. if you look around the city, i do not think that they're the ones to say anything about decorating historic landmarks. one neighborhood is allowed to decorate the path of gold, other neighborhoods might reasonably feel left out. there are about 10 neighborhoods, market street and the urban design census in the middle of the city, the grades change. that is why it is so important to maintain design continuity in

the improvements that we fought so hard for without them being weakened by the clatter of permanent banners. thank you. supervisor chu: next speaker, please. >> ♪ glad you have a banner on the path of gold memories of a dream that you hold and memories of what love would be if you were here with me you have the shelter of bay city home memories of the dream that you hold and the memories of what love would be if you were here with me. you took me from the shelter of a city i have always known and

it was my happy home. and the memories of what love would be if you were here with me ♪ supervisor chu: thank you. any other members of the public that wish to speak on this item? item number five? seeing no one, public comment is closed. any last comments? supervisor dufty: if we could incorporate the amendments, i would like to announce that there is a facebook page where i get contacted regularly from people that would like to see the banners maintained to the quality of 18th street. that is what we are looking to do. given the history of the rainbow flag to san francisco, it is appropriate in the context of the preservation for maintaining the historic

context of what a neighborhood should be. supervisor chu: thank you. we have amendments to the legislation that are substantive in nature on pages 1, 4, and five. supervisor chu: move to accept and move forward. let's take that one at a time to accept the amendment. without objection. from my understanding, we are not able to move this item forward with recommendation at this time, but it can be moved out of committee pending analysis, correct? all right. let's go ahead and move this out of committee. without objection. madam clerk, next item? >> resolution regarding the benefit district manual report to the city for fiscal year

2006, 2007, 2008 and 2009 as submitted pursuant to section -- resolution regarding castro/upper market community benefit district annual reports to the city: receiving and approving the district's annual reports for fys 2006-2007, 2007-2008, and 2008-2009, as submitted pursuant to section 36650 of the business property and community benefit act of 1994 (california streets and highways code 36600 et seq.) and section 3.4 of the district's management contract with the city. >> good afternoon. thank you. before you today as the resolution to approve the annual report for the castro upper market community district covering fiscal years 2006, 2007, 2008, 2009. today i also wanted to introduce the executive director of the castro market

presenting these services and highlights for you. i will be presenting the staff report that our office has prepared for your consideration that accompanied the financial statements, cpa reviews and annual reports as provided to our office for review. the office of economic workforce development is charged with insuring that they all meet city contract requirements. we are in charge of reviewing these reports as well as helping and assisting with annual hearings. the resolution before you is to cover three fiscal years. previously we heard and voted on the annual report for 2005-2006. today we are hearing 2008-2009.

this castro upper market community events district was established in 2005 and includes 275 parcels. intended to increase commerce and make the upper market a better place to shop and beautify the neighborhood while developing public spaces and allowing property owners and business owners to have input in the revitalization of the district. with an average annual budget of $450,000 with various services. daily cleaning, graffiti removal, pressure washing, steam cleaning and general landscaping. they work with dpw on the pickup of items that are dumped. they do have a dispatch service in the area seven days per week for businesses, property owners, and residence where they can call services if they see something.

from 2006 to 2007 -- excuse me, 2006 to 2009, also funded as the patrol special extra safety services in the district. they also do business attraction, an active campaign they have had for several years for bringing new businesses to the area as well as helping existing businesses expand and grow in the district. they have marketing promotion programs with a neighborhood beautification safety plan. detail in the planning process with a plan on where to invest capital resources for improvement throughout the district. they have also participated in the payment to parks program and have been one of the main sponsors withhe