suspension triangle neighborhood association. i wasn't going to speak but after listening i want to comment. first of all, what benefit will there be to the existing surrounding neighborhoods? especially the neighborhood i litsch in, directly across the street. 16-20 berps, new residents, added traffic and gridlock. the pier five improvements are something that should come before the project and any guarantees that they will be fully implemented? that's the key. finally, metna will ask for air and sam: sampling during demolition and continue it throughout the project. who will pay? it should be paid jointly by stellar management frortress group and perhaps the san francisco health department to ensupera fair and impartial monitoring system. thank you.

supervisor mar: tough. no more speakers after this person. >> very quickly. like the previous speaker, i really didn't intend to speak. after having heard the various arguments this morning and having done a cursory read-through of supervisor's chiu's revisions, i would just like to ask all of you as individuals of integrity that i know you are to maybe put this on continuance, postponement. there's a complex web of interwoven issues that need a little bit more thoughtful time. thank you. >> thank you. so with no other public speakers, public comment is closed and the item is in the hands to have committee members. president chiu, did you want to wrap up? >> i want to again thank the

members of the public for all of the deep thinking and all the work that folks have spent over the years and i also want to apologize that a number of us have had to come in and out. we also had a transportation meeting as which we had to cast votes. all that said i wanted to ask a couple of questions of the deputy city attorney on some of the questions raised by some of the opponents. mr. preston and i spent time yesterday talking about the palmer decision and whether that should be a precedence in this decision. i want you to talk about that and why that is not a reason that suggests this agreement would be unforcible. >> yes, the palmer decision, as you know, deals with a different situation. it deals with the law of general

applicability. >> can you explain what that is? >> it's a city ordinance akin to our b.m.r. program, affordable units, and requiring that developers, in the future, when they receive development rights from the si that -- city that they basically are required to adopt a certain amount of b.m.r. while we've looked at that decision and read it and considered it in light of all the advice we've given to you today and in this matter, there are pieces of that decision that inform everything that we've told you about today. however, that is not a decision that deals with the development agreement or replacement rent control under the agreement. supervisor mar: in any conversations with the developer, i have repeatedly asked the city attorney's office as well as the developer to provide my colleagues and isom

information about how courts might look at that. we have received a copy of a memo from a former california supreme court justice reviewing this development agreement. i know this is a document that can be public. i want to go through some of the announcements in this and understand from you what your thoughts are. essentially the announce is that the former supreme court justice goes through and may aide has a copy of this. under costa hawkins, this parkmerced contract comes squarely within the provisions of what is permitted. costa hawkins does allow for exceptions when a city contributes, makes city contributions or other forms of assistance. and the document on page two and three list the various forms of assassins that the city is

providing that according to supreme court justice reynosa would allow the city and developmenter to allow to agree on an agreement that would be exaptable to costa hawkins. >> i have just received this opinion for the first time and i quickly scanned it but it does reiterate what we have included in the text of the development agreement, about reliance on the exception of costa hawkins for the forms of assassins given to the city under the state bonus statutes. so it appears to be giving an opinion based on their review of the development agreement and the specific things the city is giving to the developer in the development agreement that we sit with the express exception that's in costa hawkins for

contracts with public entity that is provide assassins. supervisor chu: thank you. i certainly appreciate that change is not easy. change is actually scary. what i have been as concerned about with regards to this development agreement, though, is what happens if we don't move forward with protecting ten yanlts and moving forward with a project like this. i think we all know that in the near future with -- if we don't succeed with the approach we will need to do very significant construction to the units in parkmerced that will be passed in significant ways to the tenants, or more likely, the owner of the project will very likely need to sell off parcels of this project in a piecemeal way that will likely also

involve tenants and also novel significant disruption to the community in order to keep park merced moving forward. from my perspective we don't have a lot of great options but i think this agreement not only lays out a vision that is part of what i think the future of the city should be, but i think with all of the amendments that i have made creates, in addition to the protections that we've already seen in the agreement, a lot of significant protections that i think are critical to helping protect the future of the ten nanlts and working families that live within parkmerced. with that, colleagues, i would like to ask that you could adopt these as pieces of the underlying agreement and move this forward. mar-mile-an-hour thank you, supervisor chu. supervisor wiener? it's been moved and seconded. now discussion?

>> this is on the amendment? >> yeah, on the amendment. >> i can't hear you. supervisor mar: there's been a motion and a second on the amendment and now we're discussing the amendments. >> i want to thank president chu, who i know has spent enormous amount of time on this subject and who i know has really worked hard to try to tighten up the tenant protections so that this goes beyond the protections that were proved by trinity plaza and so i'm very supportive of these amendments and will be voting to support them. supervisor mar: thank you. supervisor cohen? supervisor cohen: supervisor, chu, thank you very much for your work and your leadership in trying to protect the renters. i would have to say i share some of the sentiments in the folks

in the audience today who just received the amendments last minute. i would have prevored to have had more time to review them and have an opportunity to fully process and digest the amendments. with that said, i also had a breach conversation with michael yarney yesterday. i am in favor and will support the amendment you're proposing today but in the future we honor the process and give everyone an opportunity to speak to the proposed amendments. thank you. supervisor mar: i appreciate president chu and his office, all the work that was done. i wish the ten nanlt organizations were more a part of the discussion but it sounds like your intent is to increase and improve the conditions for existing conditions. i wanted to ask our legal counsel.

are these substantive or could they be moved forward today? >> the amendments that were made to the development agreement are within the scope of the agreement that was noticed for your hearing today. so if you wanted to move them forward, you could do so without requiring additional public comment. supervisor mar: ok. so i guess i will be supportive to have amendments, but like supervisor cohen, i do feel that there hasn't been enough transparency of the process and that we need much more discussion on a number of the mitigations and the question of the protection of the rent controlled units still to me is not rock solid. so i definitely hear the comments from the -- a number of the tenant organizations. in all of a sudden and i don't feel comfortable with moving anything forward without further vetting by many of the stakeholder groups that are here

today but i'll support the amendment. supervisor chu? supervisor chu: most of these amendments came out of conversations with tenant advocates in recent weeks and months. so i do know that not all the members of the public here had a chance to see them but i certainly appreciate the perspective of our colleagues on this. these are complicated issues and certainly we will in the coming weeks have time for folks to evaluate the language here and i will obviously continue to meet with folks to receive feedback on that. with that obviou hands of the committee. supervisor mar: colleagues, can we move the amendments without objection? now on the amended items, supervisor wine summer supervisor wiener: thank you, mr. chairman. i am -- i move that we forward items two through five to the board and that's without

recommendation because we have not voted -- we do not have a certified e.i.r. so we need to do it without recommendation. so we have had this -- this project has been around and discussed for years. there have been an enormous number of hearings whether at the planning commission before this committee, before full board of supervisorses with a very lengthy e.i.r. hearing. every conceivable view has been expressed, every point of discussion has been had. the development agreement has been tightened in terms -- in various respects including on the ten nanlt protection issues. we held a lengthy closed session with the city attorney's office to receive additional advice about the costa hawkins and

related issues. i believe we have the information that we need to move this forward to the board. and i want to give mr. omerberg and others credit for being candid that these protections are not going to convince the opponents -- the opposition to this is pretty fundamental and i truly respect that position, but i don't think that a continuance is going to change anything in terms of the dynamics around this process and if i thought that there would be a chance to actually come up with a consensus, i'd be the first to support a continuance, but i have not heard anything at all during the course of this project that would lead me to believe that anything approaching a consensus could be

had, unfortunately. i do move that by -- we forward it to the full board without recommendation. supervisor mar: also at our mar 24 later today? supervisor wiener: correct. supervisor mar: other comments, colleagues? i'm going to be voting against the motion. but i appreciate the harmed work of mr. michael yarney and mr. swits can i and alan ball from planning. there are great parts of the project, especially the transportation tier five improvements that supervisor elsbernd raised that would not happen but for this profpblgt also the e planning and sustainable planning that is being developed is very positive. but like many of the speakers in the audience, including three planning commissioners, miss marshall from the rent board and many community based

organizations, i have many questions about the project, especially, the as mr. preston called it. the clear cutting of the 1,500 rent controlled units. i'm still not convinced that it's not too risk withy and it's not a rock solid guarantee that those units will exist for the future. i feel that a lot of the speakers have raised questions about the need for rent controlled housing. i'm acknowledging the positive aspects of the project but i feel it's too risky for those units. so i will be voting against the motion and still feel we need more time to fully vet this project but i do appreciate supervisor wiener's proposal. if there are no other comments, could we have a roll call? supervisor elsbernd is here as

well. supervisor wean summer >> on the motion of items two through five to the full board without recommendations. supervisor cohen? supervisor cohen: aye. >> supervisor wiener? supervisor wiener: iowa. >> supervisor mar? supervisor mar: no. the meeting at 2:00 p.m. today. thank you so much, everyone. any other items on the agenda? >> no, there are no further items. supervisor mar: so with no other items, the meeting is adjourned. thank you.

>> welcome to art in store fronts. i am director of postal affairs for the san francisco art commission. it is my pleasure to welcome you and the artists, the community partners, the vendors, and folks in san francisco for this launch. [applause] i want to start by thanking -- we had a long list because this has been a great production, so you have to bear with me. we want to start by thanking the john's brothers piano company -- the johns brothers piano company. we want to thank the d.c. piano company from berkeley for providing the piano for tonight's launch. [applause] last year, we got a fabulous grant to help make a really

significant investment throughout the year, and we launched what is called the artery project. it is a pun for all the different ways that market street works for us. it is a major summer program for the city, and at the same time, we have been using the arts to reinvigorate and reconnect people with this fabulous commercial and civic thoroughfare, so the artery project launched this year. today's are in store fronts is part of that initiative -- art in storefronts is part of that initiative. i hope you all picked up one of these fabulous programs that were printed up today because it gives you a map. it also gives you coupons and identifies all of the artists

participating in the artery project and the art in store front program, and i want to thank "the examiner" for printing this up and distributing it to the entire city today. [applause] we have some great partners in the artery project. we are standing here in front of the new home of the home for the arts -- the home of the arts gallery. plaza -- [applause] they have been fabulous partners with us throughout the whole artery project. tonight, there's a recession and an opening, and we encourage you to visit and sit down with them -- there's a recession and an opening. down at the plaza, you can see two magnificent sculptures. [applause]

while you dance with the space cowboy dj collective. [applause] so there is an incentive to work our way down market street today. some of the local merchants are staying open late for this lot and programming in there were, or they are offering coupons, which you will find in your program today. this year, rickshaw is a san francisco company creating art in storefronts bags. [applause] one of our artists whose work is directly across over there.

these bags are available for sale for $100, but we have 10 to raffle off today. sari, one of these today. [laughter] -- sorry, one of these today. [laughter] we are sliding back on our promises today. i know you can go online and in some additional bags -- win some additional bags. you have to take a photograph of an art in storefront side, uploaded to twitter or flickr or facebook and enter to get one of these custom bags. somebody had a clipboard around here. where is the clipboard? ok, there is the clipboard over there. it is going to be circulating

around, and mayor ed lee is going to pick the first winner of this bag. before i introduce our distinguished elected official, we have a number of bank used -- thank-yous we want to share with you. revitalizing the neighborhood requires the efforts of a whole big village. so we have got david adderfield, byron yee, mark casagrande, and i would like to ask you all to join me in thanking them for their support of art in

storefronts. [applause] today, we have to thank as well the artists who were selected to be part of this program. i want to read their names and ask you all to collectively acknowledge them. [reading names] [applause] let's give them all a big round of applause. [applause] you know, these are the artists

that competed for this honor and distinction out of a pool of about 150 applicants. it really gives you a sense of how many artists are active in san francisco, how many artists want to be part of bringing their art to the public. so it is a great distinction and honor for them to have been selected. thank you so much for everything that you did and your contribution to make art in storefronts a success. if i come back to the microphone, i want to be able to introduce -- we have two distinguished speakers. do you have an order of preference? [laughter] i'm going to introduce first our president of the board of supervisors and a great supporter of the arts, david chiu. [applause] supervisor chiu: good evening,

everyone. who is excited that it is friday? [applause] are there any artists here tonight? all right. is there anyone representing [inaudible] this is an amazing announcement. a number of years ago, -- did i hear hunters point is here? the host city is here. i want to thank you for representing everything that is great about san francisco. and number of years ago, mayor lee's predecessor and i had a conversation about what we need to do about two issues facing san francisco. one of them was the fact that we have way too many vacant storefronts all over the city, and the other was the fact that we have incredible artists who had not been able to find spaces to showcase their art. like peanut butter meeting

chocolate, we are bringing our store fronts, our incredible art together, and i'm happy to be part of the celebration of what is wonderful about san francisco. i am also very excited about the fact that we're doing this here in the street corner. mayor lee and i stood on that street corner helping to announce new legislation that we hope is going to help revitalize these neighborhoods. the neighborhood that we are in now, the central market area, the tenderloin, has been blighted for decades. we have had way too much crime, way too much unemployment, way too many vacant storefronts. for this program to help turn this neighborhood around, again, showcase the best, the brightest, the most colorful designs, the most creative of who we are as san franciscans -- i am just happy to be part of this, so give yourselves a hand, and thank goodness it is friday. [applause] >> thank you, president chiu.

the san francisco arts commission has 15 commissioners appointed by the mayor every month -- appointed by the mayor. every week, they volunteer their time to help shape the cultural policy of the city of san francisco. tonight, we have the president of the san francisco arts commission, p.j. johnson. we also have jerry young, one of our commissioners. [applause] do we have any other commissioners? i'm not seeing you. they all work very hard on the citizens of san francisco, thank you, commissioners, for being here and for everything that you do. now, the final thank you before introducing the grandmaster.

we have been fiber non-profit arts community -- we have a vibrant non-profit arts community that is part of this project, the central market community benefit district. those beautiful sculptures are brought to you by black rock arts foundation and burning man. [applause] we have got to thank a lot of our civic partners in government. supervisor kim's office. the mayor's office on disability. the mayor's office of neighborhood services, the mayor's office of economic and workforce development, which is really a key partner for us in this. let's give them a warm round of applause. [applause] the department of public works. the public utilities commission. last but not least, i want to thank the staff of the arts commission and the leadership

that brought this even to gather -- this event together. let's give them a warm round of applause. [applause] now, it is my pleasure to introduce to you a person who is really one of the founders of the idea that market street could be revitalized by reintroducing the arts in the non-profit arts community to this area. he has been a champion before he was mayor, of the idea of creating an arts district along market street. it really is my pleasure to introduce to you the great mayor of san francisco, edwin