>> good afternoon. welcome to the san francisco board of supervisors meeting of april 19th, 2011. could you please call the roll. >> supervisor ave los. >> present. >> supervisor cohen. >> present. >> cohen present. >> present. >> supervisor farrell. >> present. >> supervisor kim. >> present. >> supervisor mar. >> present. >> supervisor wiener. >> present. >> all members are present. >> ladies and gentlemen could you please join me in the pledge of allegiance.

colleagues we have copies of the march 15th board meeting minutes as well as the minutes for the special board meeting also on the 15th. >> all right. >> could we have a motion to approve those minutes? motion by supervisor martinez. seconded by supervisor campos. are there any communications? >> no communications mr. president. >> items 1 through 11 comprise the consent agenda. they will be acted upon by a single roll call vote. >> colleagues, any separate items? >> president chiu?

>> aye. >> supervisor chu. >> aye. >> aye. >> aye. >> supervisor kim. >> aye. >> supervisor mar. >> aye. >> supervisor mirkarimi. >> aye. >> supervisor ave los -- avalos. >> aye. >> resolutions are adopted and the ordinance is finally passed. item 12. >> ordinance amending article 12-a of the business and tax regulations code by adding section 906.3 to establish a payroll expense tax ecollusion for pbses located in the center market street and the

tenderloin area and requiring persons with the annual payroll expense over $1 million to enter a community benefits agreement with the city administrator. >> a lot of people across san francisco who actually thanked me. i am sure supervisor campos was also thanked a lot. people at my kids' schools saying thank you for your vote on twitter. we could say that arguably there is a potential hit or not a hit to the general fund because of the exceptions we have made for twitter and for central market. i am afraid we make decisions like this and it erodes people's confidence in our business tax. there is a precedent that is set for other companies to come forward and want to get the same deal that people in center market, including twitter are getting. i think i have a caution.

i will be voting against it again. i want to thank the people who stood with me and supervisor campos and supervisor mirkarimi with respect to this tax exemption. >> colleagues, any further discussion? for the final vote on this matter, roll call, please. >> on item 12, president chiu. >> aye. >> supervisor chu. >> aye. >> supervisor cohen. >> aye. >> aye. >> aye. >> supervisor kim. >> aye. >> supervisor mar. >> aye. >> supervisor mirkarimi. >> no. >> aye. >> supervisor avalos. >> no. >> there are 8 ayes and 3 nos. >> this ordinance is finally passed. >> item 13 is from the budget and finance committee.

an ordinance amending the san francisco park code by amending section 12.46 to extend admission fees to the botanical garden for non-san francisco residents until september 30th, 2013. >> aye. >> aye. >> aye. >> supervisor kim. >> kim, no. >> supervisor mar. >> no. >> mar, no. >> supervisor mirkarimi. >> no. >> aye. >> no. >> supervisor campos. >> no. >> there are 6 ayes and 5 nos. >> this item is finally passed. next item. >> item 14.

>> ordinance amending the administrative code resident rent arbitration and stabilization ordinance by amending to provide for temporary good samaritan occupancy. >> supervisor wiener. >> thank you. i want to thank everyone who helped with this ordinance. this ordinance is a long overdue measure to ensure that tenants displaced by a natural or human made disaster are able to obtain affordable and temporary housing while their units are being repaired and will provide incentives for landlords to provide these temporary rentals. we know a major earthquake will hit the bay area. we were reminded yesterday when there was a minor one. and we know many

rent-controlled units in san francisco are vulnerable and older housing stock. so, we know that there will be many tenants displaced when we have a major earthquake in san francisco or the bay area. we also know that there are landlords willing to rent to tenants displaced on low rates on a temporary basis, but the current rent control law does not permit for temporary tenancy. the landlord has a choice to rent at a low rate and take the risk that the tenant won't return to his or her unit when it is repaired and that the landlord will have to honor that low rent indefinitely or charging market rent to the tenant chked be unaffordable to that tenant. this legislation which has the support of the tenants union and the apartment association and small property owners, it has broad support on both sides

on the landlord-tenant spectrum. this ordinance will create a new temporary tenancy that will be triggered when a tenant is displaced by a human or natural made disaster. a landlord can rent to the tenant on a temporary basis, up to one or two years at aerate that is no higher than 10% above what the tenant was paying. at the end of that period the tenancy will end giving an incentive for landlords to actually rent temporarily to displaced tenants and the tenants will return to their units once their units are repaired. this is a long overdue measure and colleagues i ask for your support. >> any additional discussion? >> item 14, president chiu. >> aye. >> supervisor chu.

>> aye. >> aye. >> aye. >> aye. >> supervisor kim. >> aye. >> supervisor mar. >> aye. >> aye. >> supervisor wiener. >> aye. >> supervisor avalos. >> aye. >> supervisor campos. >> aye. >> there are 11 ayes. >> this ordinance is passed on our first reading. i hope you heard regarding the special order at 4:00 both parties agreed to a continuous but we do need to come back at 4:00 to handle that item. if we can now move to roll call. >> thank you madam clerk. just one item. this is a les lugse authored by

state senator. it gives homeowners required to modification for a loan -- the bill addresses what has become a common occurrence for struggling homeowners across california and san francisco. banks foreclosing on borrowers who are negotiating loan modifications or completing a loan modification. the federal government provides only voluntary rules encouraging banks participating in the modification program not to foreclose on homeowners negotiating a loan modification. partly due to the lack of enforcement to slow down foreclosers is just a quarter of the 4 million households that it was intended to aid through 2012. san francisco hasn't escaped the negative effects of this housing downturn which is down in 2010.

banks repossess houses and condos through forecloser and the number increased from 2009 up until now. there is evidence that foreclosure problems in san francisco is not isolated but is instead spreading throughout the city. it gives borrowers, whether they can stay in their homes or whether they will need to seek other ol attorneytives. i urge you to support this. thank you. >> thank you supervisor. >> thank you madam clerk. colleagues, i would ask the board to adjourn the meeting today in the memory of thomas c. hollarand. i know that susanna jones is here, his widow. thomas was born and grew up in new jersey.

he came to california and became a committed resident of san francisco in the late 1970's. during the last 10 years of his life he and his wife actually lived in pacifica, close to the ocean that they loved so much. shortly after arriving in san francisco tom founded and built up the auto repair shop, making it a community institution in san francisco mission's district. it has been repairing and servicing the cars of many of san francisco's leading figures, husband cal performance, arts, politics, activist community and a variety of professions, truly a neighborhood institution. if it seems unusual that an auto repair business can be a part of the history of the city, the secret is tom

himself. he called it a family. customers and friends from all walks of life because of his extraordinary generosity and kindness. his many abilities, including the ability to learn from those around him and to accumulate knowledge in many diverse areas. among tom's passions in addition to the pacific ocean and the green hills and meadows were history. world, national and local. railroads, car racing. politics. charles bicens and the music of diverse genres. after a long battle of cancer, tom passed away at the age of 6 5, the young age of 65 on march 19th, 2011 of complications from the cancer. he is survived by his wife, his two sisters and his aunt.

as well as his brother, michael. he is also survived by his stepdaughter, rebecca who lives in new york. several nieces and nephews in both parts of the country and his mother-in-law. for those of you that might be interested there will be a public tribute later this spring and details will be announced. it is with sadness that we announce his passing. but it is that in his memory we will be adjourning the meeting in his memory today. >> supervisor avalos. >> thank you madam clerk. his passing comes as a real shock to many in our community in district 11.

he owned a cafe on ocean avenue. it has been a great neighborhood hub for people in the area. and his passing is something that will be tremendously felt throughout the community. about two weeks ago we have a district 11 family night every month and we have folks come out to different cafes in our district. we had our best district 11 family night out two weeks ago there. that was the last time that i saw him. he was just really wonderful to be around. he was so happy to see every table filled with people. people had a great time. there was such a relaxed atmosphere at his cafe. i thought what a wonderful little hub he established and how we would continue to enjoy what he has offered for the ocean avenue community for so

long. he has been holding it down there for a long, long time. he was there when the muni tracks were uprooted and all of that great street resurfacing happened. he weathered that storm. he weathered the downturn of 9/11. and hung on desperately to his cafe. he made coffee right there on the spot. he had a wonderful wine selection, really great food and entertainment. he was from argentina. i should know that. he had a lot of really great music. tango music is something that he brought. he also had cuban music as well. it was a place that people got to know as a wonderful venue for music in a place you wouldn't expect music to be. i was shocked at his passing. i got a call about it and i was

very devastated to hear the news. he is survived by his partner, lloyd martin, who also shared these word busy him and his cafe. the community is very special too, and i ask for your help in continuing the spirit. i don't know yet what we can do with the physical cafe but i instead to keep the spiritual cafe in my heart for me to always try and keep an honest and unselfish love in my actions, to be kind to animals and each other, even republicans and to forget myself even when i don't. he is loved for the community was rooted in his love for his mother and entire family in argentina. he knew good friendship and music were fundamental ingredients to the community and the cafe. it kept him through the long days and struggles of running

his ocean avenue business, through the track replacement, constant construction and the economic downturn. he held it down. we are going to miss you. thank you. >> thank you supervisor avalos. supervisor mar. >> thank you. recently our board of supervisors adopted legislation i authored along with the public utilities commission to reduce our city's grease problem being discharged and dumped into the local sewer system. it is a serious problem because it hardens and clogs our sewer pipes that cost the city $3.5 million per year in repair costs. this ordinance will help prevent fast oils and grease from entering the sewers and will save the city a great deal of money every year.

now that our legislation is being implemented, this education and outreach to the local restaurants continues. i wanted to let everyone know about two important workshops in the mission and china town where restaurant managers can learn about the fog ordinance. important information will be provided such as what types of restaurants need to install automatic grease removal devices and which don't. information will be provided about financing options for equipment and the information will be provided at these workshops could save your restaurant money. it is important if you own or operate a restaurant to become informed. the first is held on tuesday, may 17th. 2:30 p.m. at 731 grant avenue. the second workshop in the mission is wednesday, may 18th,

:30 at the women's building on 354318th street. please contact my office if you have any questions about these fog ordinance workshops. the rest i will submit. thank you. >> supervisor chu. >> thank you madam clerk. a simplely want to adjourn in the memory of richard tuck. he spent much of his years enjoying san francisco's playland at the beach. after founding an extive improvement firm mr. tuck devoted his entire life to collecting and refurbishing classic arcade games. he opened up the collection to the world in his office dubbing it playland not at the beach. as a non-profit organization it was a small way of keeping a bit of san francisco history

alive. he was always generous with this collection. sometimes sending over a exhibit wherever it was needed. he was always a supporter of our highway streets event setting up carnival rides. he will be missed by our community. by his partners and playland >> supervisor connie. colleagues. good afternoon. i areceive today to ask that we close our session in the memory of three san franciscans. the first is a gentleman named elliott wayne davis. born november 12, 1977. he is the loving son of gloria lucas davis and paul e. davis. he had a very untimely death. a nice young man that was also a friend of my extended family. i also would like to acknowledge martha louise coffer, who

dedicated her life to working for u.s. -- usfs. it is with sadness that i acknowledge of death of joe johnson, who was a san bruno avenue business owner and who will definitely be missed. he ran -- he owned and operated johnson's barbecue, which is on san bruno avenue. just like to take a moment to acknowledge their life, thank you. >> thank you, supervisor connie. supervisor farrell. >> thank you, madam clerk. first of all, as everyone knows, one the issues that has percolated as a result of the tenderloin debate is the issue of how we tax stock options here in san francisco. three weeks ago i asked our budget analysts to complete an analysis of how san francisco stacks up against other technology centers throughout the united states. and to take a look at how

companies are taxed and what other incentives these areas offer to attract technology and other companies to their areas. i will share that with you guys. i just got a copy the other day. there are many interesting takeaways and ideas, but it makes one point very class cal clear -- san francisco is the only city, not just in california, but in the united states, which taxes stock options. so why is this important? it's obviously plain and simply the way technology companies operate and as someone who worked in the field for years, believe me, it's a central part of how they retain and attract new employees. and unfortunately, thanks to what became the twitter debate, everyone now knows that we're the only city -- and, again, the only city in the u.s. that does this. it's not a minor tax or just a little issue. this is a major problem. twitter estimated that their first-year tax burden would be over $50 million. this is really real and really

serious to our technology community here in san francisco. yesterday we held our first meeting of the technology council that mayor lee convened here in staal and that i atebbed -- in city hall, that i attended at different times with supervisor chiu and supervisor mirkarimi. we hope there will be a long-term dialogue with our technology leaders here in san francisco. one point resonated loud and clear to me. despite their commitment to san francisco and strong desire to both live and work here and locate their companies here, they won't and simply cannot continue to operate in san francisco with this tax. and it's not a veiled threat, i do think it's a reality. we have to look at the problem, in my opinion in, two ways. one, we have to try to get a gratp on how much -- grasp on how much revenue we collect on this tax, and that is difficult balls of the way we've reported payroll -- because of the way we've reported payroll tax in the past. i know we're in the middle of a

budget deficit and this is not a fun topic. but the hard truth of the matter is if we don't correct the issue, companies, and most importantly the jobs they provide for san franciscans and the taxes that they poor into our city will leave. young companies won't choose to locate here anymore, and i know investors will not fund companies to be based here in san francisco. and a word of caution -- i think we can't view this as a tax break or a corporate giveaway, because that assumes that the status quo works and is acceptable. but the bottom line is, it's not working. san francisco is a complete outlier on the issue and it needs to be corrected. as i mentioned the other week, i know supervisor mirkarimi introduced a moratorium, which, in my opinion, is the wrong approach. it kick the can down the road for two years. in six months, 1 months, 18 months, we're going to be faced with the same issue, the same dialogue we're having today. right now we have an opportunity

to create a long-term solution for our city, and that's what i think we should be doing here in city hall. today i'm introducing legislation that would permanently end our city's policy of taxing stock-based compensation. we have a chance in san francisco, as we heard loud and clear yesterday, to be the global center of technology and innovation for the long-term future in san francisco and the hub of the most promising internet, social media and other technology companies. the debate, i think, is pretty simple -- either we continue what we're doing and watch the exodus of jobs or we plan for the long-term future of our city. and i believe that's what we should be doing and i ask for your support in doing so. i want to thank mayor lee for his continued leadership in the issue. the mayor has been a driving force behind our technology council, and we had a great conversation this morning around this issue. and also to my colleagues, in particular, president chiu and supervisor mirkarimi, who have taken an active role and my

other colleagues. i look forward to working hard and quickly to get this into law as soon as possible. secondly, i do have a personal in memoriam and i'd like to adjourn today's meeting in memory of a dear friend, ann merrill. she passed away suddenly and unexpectedly last week. was an active parishioner at st. vincent depaul's catholic church, where she was a lecter and a eucharistic minister. she was a graduate of columbia and the school of nursing in mount vernon, new york, and worked as a registered nurse for over 40 years, including the sutter visiting nurses association and the irwin memorial blood bank. i know she'll be sorely missed by her friends and family and those she served in the st. vincent depaul community. she is survived by her husband,

her son and her daughter. on a personal note, i have known ann almost my entire life. my family has known her and her family. i grew up with her children, chris and diedre, who were, you know, unabashed supporters during my campaign last year. simply a great family and a true stalwart of our community in district two and st. vincent depaul parish. on a very personal level we will miss her, my family will miss her and i ask that we adjourn today's meeting in honor of her. thank you. >> thank you, supervisor farrell. supervisor kim. >> thank you. colleagues, today i am making a request for a hearing today on how the city managed the placement and relocation of our homeless individuals that were living in and around transbay terminal. many of you may have been read building this in the press, but as we all know, transbay terminal is currently undergoing major construction in the