of proposal. in my mind, i think this proposal makes perfect sense. it is limited. it brings vibrancy to an area that did not have it before. i want to commend supervisor kim and the mayor and others for their work on this. >> i think the honeymoon is over, colleagues. we have had a very spirited conversation. i would like to acknowledge and thank you for bringing this legislation to the forefront of our minds. i certainly hope that the spirit of reform and the dedication and commitment to revitalizing certain parts of downtrodden san francisco remains, because this gets us to think thoughtfully about policies that affect our small business community and also how the small businesses affect our neighborhoods. as you know, i will represent

district 10. in preparing for this vote, i spent considerable time thinking about how this legislation would affect third street, leland avenue, which also has its own struggle with unemployment, drugs and crime. i am extremely skeptical about how the conversation has turned to focus on one particular company and less about the larger issues, none of which it tends -- it tends to satisfy. i agree with my colleagues to a spoken who say that something needs to be done. i appreciate supervisor avalos' comments about the need for

social responsibility. we need those businesses to be partners in this community. we are all living together and we must support one another. now, campos and i had interesting conversations earlier this afternoon, and one conversation was about the implication that this could have on neighborhoods. i am very concerned about businesses leaving. this legislation to attract people to the midmarket area, but it could have a negative an unintended consequence of wooing business is to leave -- say, the southeast, mission street, ocean avenue -- to join the midmarket area.

yes, it stimulates the midmarket, but it creates a void in the surrounding neighborhoods. i am in favor of the legislation and i will be voting for it, but it is with serious threat to reject reservations -- but it is with serious reservations and in a word about the mission we're sending to the small business community. thank you. supervisor elsbernd: supervisor camera? supervisor kim: i want to thank my colleagues. no matter how you are voting today, you have been struggling for weeks with policies and have engaged with your constituents and stakeholders as well. i appreciate all the feedback everyone has given. first, i am glad this legislation is opening up a larger dialogue of reforming how we tax businesses in san

francisco. is something all 11 of us have wanted for -- this is something all 11 of us have wanted for several years. hopefully, this legislation will bring the momentum and political will we need from our community and stakeholders and businesses to carry the legislation forward on the ballot to our voters in 2012. i think there is hesitation to bring this reform to the ballot because we are not sure what the political will will be. hopefully this will do that. second, i want to point out the unique nature of these midmarket corridor. we are not doing any rezoning. we are not changing the character of the neighborhood. it was always intended for large commercial use.

that is why we have large commercial real estate. 3 million square feet of commercial real estate. frankly, this area has been in desisting 1960's. for the past 60 years, we have maybe not made any attempts, and what we have seen is the same thing we have seen, and i would doubt any constituent from any district would doubt that this was not a unique place. the citizens of sanford says go across the city want to see -- san francisco across the city want to see a revitalized midmarket, not just the residents of district 6. whether you agree with this legislation, a lot of thought did go into it. we attempted to make it as specific and targeted as possible. we put a time limit on it.

once the market has grown and been activated, the businesses will have grown and activated through the tax exemption, and in that six or eight years' time, they will begin contributing back to the city, having also contributed back to the midmarket. it is not a blanket tax exemption. it is on net new jobs. i was very concerned about cities -- companies moving into this part of the city just to get the tax exemption. you are not going to hire another employee, you are not going to hire one to 5 new employees just to do that. i do not think we will see that. not many companies are growing at this rate in san francisco. that is why this legislation is

targeted to our large growing businesses. i share the concerns of my colleagues. i want to make sure we are revitalizing corridors around san francisco. i have concerns are around south beach as well. this is for large and growing businesses that are appropriate to be in the midmarket. i want to emphasize what supervisor chiu said. as twitter grows and more people are employed in the city, this will benefit all our small businesses. residents in neighborhoods will also frequent the small businesses in the neighborhoods where they live, and we will be bringing the concerns about traffic and public safety to the area as well.

i am thankful that no one rushed up this legislation and fought long and hard about that. i really appreciated that. thank you very much. [applause] supervisor elsbernd: any additional discussion? madam clerk, call the roll. >> supervisor mar: no. supervisor mirkarimi: no supervisor avalos: no. supervisor campos: no supervisor chu: aye. supervisor chiu:aye. supervisor farrell: aye. supervisor kim: aye. there -- >> there are 8 ayes and 3 nos.

supervisor chiu: please call the next item. >> item #9, endorsing community concerns of surveillance, racial, and religious profiling. supervisor mirkarimi: thank you to the community rights commission for helping forward the resolution before you, and the resolution is to articulate our concern in consistency with what was passed by the human- rights commission, and that is the excessive and unreported and untransparent or unaccountable surveillance of religious organizations or certain communities that are arabic, middle eastern, muslim, and south asian. these have been increasing, at

least in anecdotal evidence. there was a substantive hearing less than a uriko that a number of us had attended and listened -- less than i uriko that a number of us had attended and listened to -- less than a year ago, that a number of us have intended it and listen to that suggested an sfpd was overstepping the boundaries in working with federal agencies. this legislation shores up the elements that are important to us. we have encouraged the police commission to have of follow up hearing. at the time of the hearing, we would very much like to have the police department represented. the police protocols that have been outlined by the police department, how they would

conducts wouldintel -- how they would conduct their intel practices with federal agencies, and not deviate from those. i would like to thank the asian law caucus, the aclu. your support would be very appreciated. supervisor chiu: supervisor elsbernd . supervisor elsbernd: this resolution endorses the support. it does not in its self imposed or create the recommendation -- impose or create your recommendation. it needs to be evaluated by state and federal agencies, and if those recommendations are

implemented, they will have to come back here to be implemented. one example would be the creation of an ombudsman at the airport. we would have to validated through the budget process. as a way of validating the work that has begun, i am happy to support it, but to be clear, the work is not done. as supervisor mirkarimi says, there is much work to be done. supervisor chiu: thank you. i would like to be added as a co-sponsor. supervisor kim? supervisor kim: thank you. i vote -- a very much to appreciate how this does happen. it is really good to read this report. i am looking forward to the follow-up in terms of the findings. i am very interested in learning about the accuracy of the

request for authorized investigations that happened out of the pgo audits. i had a lot of questions. i will follow up in terms of what the terrorism liaisons' do. i was not aware of that being part of sfpd. i want to think supervisor marini for bringing this forward -- i want to thank supervisor mirkarimi for bringing this forward. supervisor chiu: supervisor carmen chu? supervisor chu: i want to think supervisor mercury me for bringing this forward -- i want to thank supervisor mirkarimi for bringing this forward. given the fact that this is

going to be coming before us again, that there is no specific recommendation to be implemented at this time, i do support the work done in this regard. i will support this. supervisor chiu: roll-call vote please. >> [roll call vote] there are 10 ayes. supervisor chiu: this resolution is adopted. next item, please. >> item 10 -- courtesan in the planning code to update controls related to urban and agricultural uses.

>> i have a much more calming topic, urban gardens. as someone supportive of urban agriculture, i am proud to support this legislation along with mayor lee. specifically, the legislation will facilitate the sale and production of produce grown in small scale, creating a new use category, and allowing for the sale and production of produce to route all -- throughout all sentences. people throughout the country are learning that urban gardens provide benefits beyond growing good food. it reduces -- it produces affordable and locally-ground organic vegetables and promotes a safer environment. i want to thank my aide, the

planning department, the center cisco urban and agricultural alliance, and the community of urban farmers. colleagues, i do have a couple of technical amendments to this legislation, which is an almost 300-page piece of legislation. as we circulated to all of you, there were a number of code section numbers that needed to be changed. we also want to clarify sales for food grown on site would not be -- would not take place within dwelling units. at the end of the day, colleagues, this legislation helps ensure our city is at the forefront of the urban agriculture movement in the united states. i look forward to your support and being able to buy produce at a neighborhood near year. with that, colleagues, first i would ask for support on a motion to amend.

>> motion by president chiu, second by supervisor mirkarimi. supervisor mirkarimi: thank you, mr. chair. i think this legislation is very much for the of our support. it is a reality many of us are dealing with right now and will probably require trailing legislation. in our district where we had in the parcel because of the downturn economically, nationally, statewide, and locally, the octavia market in octavia boulevard parcel, we have transformed a lot of the parcel to active gardens now. we've done something i think remarkably beautiful, to the point that now we are beginning to see the economy is returning to better health. that pause is going back to

ready, set, go. employers are seeing the ability to take back the parcels that they had been assigned. those gardens are in serious jeopardy of being displaced. i hope that through a larger urban agriculture picture, what we decide to design is more than community gardens, but literally the relationship in community neighborhoods, to provide the same kind of protocol and baxter up to make -- and back strap. i agree. green is considered to be a very calming color. these kinds of pieces of law should be supported. >> supervisor mar. supervisor mar: i want to

acknowledge that supervisors cohen weiner, and i heard from the planning department -- the sentences go urban alliance that -- the san francisco burbot alliance. it is remarkable how they have built strong legislation with supervisor chiu and the mayor's office. they held meetings with community-based groups. they are clearly building at more of a movement in san for cisco -- san francisco. i really applaud that democratic, grass roots effort that led to this legislation. i am proud to be a sponsor as well. thank you. supervisor chiu: can we take the motion to amend without objection?

we take that same house, same call? the ordinance passes on the first reading. next item, please. >> item 11 is an ordinance authorizing a settlement agreement and related lease amendment with the sentences of 49 years -- san francisco forty- niners. >> without objection, this passes on the first reading. >> item 12, a motion appointing dorothy liu to the ethics commission. supervisor chiu: supervisor marc? supervisor mar: thank you. i want to recognize her

dedication, but i want to recognize another applicant, mr. alan grossman. i do appreciate her work and her strong legal record, but i think the ethics commission is a tremendously important commission where we need watchdogs that will make sure big money does not corrupt our elections and our process, and the highest values of ethics. these are the principles that drive the numbers we choose on the commission. i think people that served should be watchdogs like the late joe lynn and the former ethics commission member eileen hansen. i look for candidates who will serve in the spirit of watchdogs

like those folks. mr. grossman has been a strong sunshine ordinance advocate. he is a retired business attorney. i do not think there will be many conflicts of interest because of his retired status. he has worked on open government law reform. i would strongly recommend him to the ethics commission. a move that we consider alan grossman for the commission. >> supervisory avalos. supervisor avalos: i want to acknowledge the work done by it current commissioner eileen hansen, as well as joe lynn. with his legislative aides, i

had a time working with joe lynn, and he was a valuable resource. what i really admired about joe was his thirst for justice, his thirst for having an ethics commission that was really a strong and how he could really play it a watchdog role and how big money can influence our decision making at city hall as well as our elections in san francisco. i did talk with dorothy liu today, and i was impressed with the work she has done in the community as a lawyer. some once dressed she has a very strong ability to interpret laws -- someone stressed that she had a very strong ability to interpret laws. i also think what is really

important is having a vision for what the ethics commission should be about, what the track record has been in terms of getting to the next level of campaign finance reform, for ensuring there is some way to hold lobbyists accountable, lobbyists who are influencing matters at city hall. we've been moving toward that direction with the current commission and that has taken a lot of work to make that happen. i want to make sure -- and i had a conversation with dorothy liu -- i think she is concerned about the strength of the commission. i did not hear her articulate that as fully as i would have liked. well i feel she could bring a skill level that would be good -- while i feel she could bring a skill level that would be good for the commission, she did not

have what i would expect her to have. i believe she made -- she may be open to be on the commission, but i thought it was a born to make a statement on where the commission should be on this path in being a strong watchdog organization. i will be supporting supervisor mar's motion. >> did you make a motion, supervisor mark? >> -- supervisor mar: yes, i and ended to replace it with alan grossman. >> is there a second to the motion on the floor? presidents chiu? supervisor chiu: thank you. i will be voting against this motion. i did have an opportunity to sit

down with alan grossman. i do think he would be a strong advocate for this commission, but i think that liu is extremely thoughtful, extremely unfair. she has a long history of work in the community -- she is extremely thoughtful, extremely fair your riches a long history of work in the community. this is exactly why she is the right person on the ethics commission, to make the decisions for the very important body. i have been surprised at some of the writings, reactions of people -- particularly on the internet. i want to state my own perspective. it was suggested that if she is selected that will somehow lead to the repeal of ethics reforms, that it somehow means the

commission will not have a voice advocating existing laws, or that they need their mandate. i completely disagree. dorothy liu is absolutely someone who will make sure that laws are enforced, and she very much supports ethics reforms to ensure transparency, fairness in dealing, and to ensure a high standard of ethics. i hope he will consider supporting her. she is also very open to speaking with all of us, hopefully as our board appointee, about things we may want to see happen with the ethics commission and very much wants to be our representative on the body, regardless of how to choose to vote today. i hope he will consider supporting ms. liu. >> supervisor wiener. supervisor wiener: i will be

voting against the motion. from everything i have seen and heard, she would be an extraordinary number of the commission, and i want to address some of the writings i have seen on the internet, which i think have been incredibly unfair. as i know policies are frequently tinge with baseless mirror -- melodrama, we see that again here. she is accomplished. she is respected and supported by a lot of people i have incredible respect for, and i think she would be a strong addition. and also, just because someone works east of cal street and west of the bay, it doesn't mean that person is somehow going to condone corruption or the influence of big money.

when you look at people who have served as great and hard court judges or commissioners in terms of enforcing the law, those people come from every single walk of life and every profession. i am getting weary of "you work in this job or this location, so you will therefore be in the pocket of this person or that person." i do not think this is fair to the individual, and i certainly do not think it is fair to ms. liu. >> supervisor carmen chu? supervisor chu: i actually did not know dorothy prior to her nomination. i am coming from a different slate than some of the other commissioners. my meeting with dorothy was