captioned by the national captioning institute --www.ncicap.org-- supervisor chiu: please call the roll. >> roll-ca[roll-call] mr. president, there is a quorum. supervisor chiu: ladies and gentlemen, please join me in the pledge of allegiance. >> [inaudible] to the public for which it stands, one nation, under god,

indivisible, with liberty and justice for all. supervisor chiu: madam clerk, are there any communications? >> no. supervisor chiu: please read the it -- the event agenda. items one through 17. >> it will be decided upon with a single roll call vote. supervisor chiu: would anyone like to sever these items? >> items 1 through 17, supervisor:? aye -- supervisor cohen? aye. [takes roll call vote] there are 11 ayes. supervisor chiu: item number 18,

please. >> item number 18. $75,009,139 of 2008 clean and safe park bond sale proceeds to fund the improvement and construction at various recreation and park facilities, including $61,185,271 in the recreation and park department commission for fy2011-2012. supervisor chiu: this ordinance is passed. item number 19. >> item number 19. ordinance appropriating $4,442,514 consisting of $3,709,630 in fund balance and $732,884 in interest earnings from the sale of the watermark land and condominiums to the port commission in fy2011-2012 to be used for the development of the brannan street wharf and the mixed-use cruise terminal at pier 27 and placing $614,000 on controller's reserve pending receipt of the projected interest earnings. supervisor avalos: -- supervisor chiu: same house, col. it this item is passed. item number 20. >> item number 20. ordinance amending the san francisco health code by adding article 39, sections 39.01 through 39.13, to license and regulate commercial dog walkers operating on park property. supervisor chiu: same house, same call. item number 21. >> item 21.

ordinance re-appropriating $1,574,127 of general fund reserves for state revenue loss to backfill federal funding reductions to hiv-aids programs at the department of public health in fy2011-2012. supervisor chiu: same house, same call. next item -- this item is passed. next item? >> item number 22. ordinance authorizing the san francisco public defender's office to retroactively accept and expend a grant in the amount of $231,147 from the correction standards authority for the purpose of establishing a legal educational advocacy program; and amending ordinance no. 146- 11 -- annual salary ordinance, fy2011-2012 -- to reflect the addition of one class 8177 trial attorney grant-funded position -- 0.50 fte -- at the san francisco public defender's office. supervisor chiu: same house, col. this ordinance is passed. next item? >> item number 23. ordinance -- approving regulations for jane warner plaza at the intersection of castro and 17th streets and harvey milk plaza adjacent to the intersection of castro and market streets -- and two, authorizing official acts in connection with the regulations. supervisor chiu: i wanted to mention that the technical issues with our monitor system has been ongoing. when your done speaking, it

would be great if you could click it off, so that we know you have already spoken. >> we are waiting for amendments from the city attorney's office that have not arrived yet. they are right there. actually, can we move it to after item 29? >> colleagues, let's move, hold on to item 23 so that we can circulate the amendments being provided to us by the city attorney. let's move to item 24. madam clerk, please read item 24. >> item number 24. motion appointing supervisor eric mar, term ending november 28, 2012, to the california state association of counties. supervisor chiu: without objection, he shall be reduced. can we take a roll call vote? >> [roll-call vote]

there are 10 ayes. supervisor chiu: the motion is approved. item number 25? >> item number 25. motion approving the mayor's appointment of richard hillis to the board of appeals, for the term ending july 1, 2012. supervisor chiu: roll-call vote, please. >> [roll-call vote]

there are 11 ayes. supervisor chiu: the motion is approved. item number 26? >> item number 26. motion appointing supervisor carmen chu, term ending june 30, 2013, to the association of bay area governments executive board. supervisor chiu: without objection, she shall be excused. roll-call vote? >> [roll-call vote] there are ten ayes. supervisor chiu: the motion is approved. let's skip over the 3:00 p.m.

special order in go to item 29. >> it was considered at the regular meeting, monday, january 30, and is recommended -- approved as recommended. ordinance amending the san francisco planning code section 249.42 to: 1) allow outpatient medical care clinics; 2) amend zoning map sheet 8 su of the san francisco planning code to add parcels in assessor's block no. 5211, lot nos. 29 through 54 to the india basin special use district and remove the parcel in assessor's block no. 5211, lot no. 28 from the design and development special use district and add it to the india basin special use district; and 3) make environmental findings and findings of consistency with general plan. supervisor chiu: if we could take a roll-call vote on this item? >> [0 call vote] -- roll-call vote] there are 11 ayes. supervisor chiu: passed on the first reading. madam clerk, let's go back to item 23, regulations on harvey milk plaza.

at this time, let's call on supervisor wiener. supervisor wiener: thank you, mr. president. i want to make some brief opening remarks. then i will be offering several amendments. so, today, colleagues, we are considering it modest and basic legislation to fill a gap in the law, putting ltd. and needed rules in place in two of the most important public spaces in the castro. the castro has very, very limited public space. while there are great parts on the periphery of the neighborhood, in the castro itself there is very little public space. jane warner and harvey milk plaza is not large. those are small and they've restrain space. there is a very diverse array of

people using these spaces and it is important that everyone be able to use them. most public spaces in san francisco, while freely available to the diversity of the community, they have roles. we have a very extensive parts code governing the parts system. none of these roles have undermined the freedom of the enjoyed community. rather, these rules make sure that these spaces are usable by everyone. through a quirk in the law, the jane warner and harvey milk plaza is not covered by any of the rules typically applied to public spaces. recently san francisco has added a significant number of public spaces, with jane mourner being the first such space. we have turned parking spots.

it has been expanding and i know it will continue to expand in the future. now is the time to make sure that these new spaces, which are not parks or sidewalks, have basic rules in place to make sure they are expendable by everyone. this legislation is basic and limited. contrary to the claims that have been made, the legislation is not even close to draconian and it does not even remotely affect the community's right to assemble. that is why this legislation has received such broad support in the neighborhood from many individuals that often do not agree with each other. this legislation has been endorsed by the castro eureka valley neighborhood association, the dubose neighborhood association, the point of this that neighbor association, -- buana vista neighborhood association, and the market

castro of mumsy. briefly, this is what the legislation does. the possibility open 24 hours per day. but it prohibits camping and sleeping in the plaza. camping is already prohibited in city parks. it requires that people selling merchandise maintain a city permit consistent with other public spaces. printed material is excluded from this requirement. land-use is excluded further in the exemption. it prohibits smoking in the plaza, similar to other public spaces. it prohibits large, we'll but conveyances, such as shopping carts -- wield -- wheeled conveyances, such as shopping carts. it codifies what has always existed there, that the community benefit district puts

out its own shares and tables in the morning, taking them back at night so that they are not stolen. there has been a fair amount of misunderstanding about this legislation. the plazas are not closed. there will continue to remain open, 365 days per year. it does not forbid sitting or lying in the plazas. benches will still be available 24 hours per day. the chief of police requested that i insert a sit lie provision. i denied that request. there have been claims about this legislation being covered by other laws. i believe that that is not the case. penal code 647 e seems to apply

to buildings and not outdoor plazas. the law is vague at best. there is no other provision on which to rely to enforce camping in outdoor plazas. it is not uncommon for the city to have its own specific provisions and the explicit about but is allowed in and not allowed. we have a state trespassing ordinance and a local trespassing ordinance. smoking, the outdoor smoking ban in public spaces does not mention plazas. this way we are not just relying on the san francisco police department, which is the case right now. there are several amendments. i want to thank president chiu for becoming very involved in

this legislation and talking to a number of different people. we have had good discussions over the last couple of days. there are two amendments that we have discussed the that i support. i wish to offer those amendments. those amendments have to do with sleeping and camping. my intent all along was to basically important parts code on sleeping encamping bandns. the amendment would replace the language, being very specific, that the 3.1 to end 3.13 of the parts code would be enforced. that is one amendment. the other amendment is an amendment that the president suggested that i agree with and is in the spirit of what i

intended. the provision that the movable chairs and table would be available until 9:00 p.m., restricted to neighborhood organizations putting up their own tables and chairs. if someone wants to bring their own share, they are welcome to do that. the point is to enable them to do what they have always done, putting out their own tables and chairs in the morning, taken them back at night, so they are not stolen. those are the amendments that i am offering. i want to give my thanks to the president -- president chium 4 -- thanks to president chiu for his work on this. thank you. supervisor chiu: the supervisor

has moved an amendment. the president has seconded it. that will be the order. supervisor chiu: thank you, colleagues. i would like to thank supervisor wiener for the work he has done over the last couple of years. i want to take a moment to celebrate these. we are pioneering a new way in using these spaces. it of course brings up the issues of how these spaces are used. this has been an intense conversation. i would like to thank the many stakeholders involved, as well as the coalition on homelessness and other neighborhood folks. introducing the amendments that i have discussed, they could not

be used by anyone. that is appropriate. i know that there has been a lot of discussion about whether we wanted to add additional provisions to further criminalize sleeping or camping in public spaces. given that we all agree that the parts code provides a decent way to get these issues, while it does make sense to treat plaza's like parks, we are not creating new criminal laws here and i think that is an appropriate change. i will also noted that in the parks code, there is language that specifically addresses individuals that may need social services. if they avail themselves, they can avoid being found and cited for these provisions. there is one issue that the

supervisor and i have discussed that we have not come to agreement on. i would like to offer an amendment to strike section g of this legislation, dealing with wheeled equipment. i ask a colleague to do that for a number of reasons. first of all, from my understanding, this does not have precedent in other cities. this would be the first to use a four-wheel the conveyance. it would prohibit someone with a four field -- four wwheeled conveyance to enter the plazas. it is difficult to walk around there, and i think it is important that we permit individuals that have such four wheeled conveyances to use them.

it has been difficult to define which objects we would permit in which we would not. i certainly respect that the supervisor has taken a lot of effort to make sure that individuals are disabled and children but toys in strollers, and other advances, are not included in the legislation. but i am worried that there are times when low income individuals might need to use carts to transport belongings to and from the castro, and that that would be prohibited here. there has been an issue about what this legislation is a tempting target or address. i have been concerned about whether we have created a rational basis for that. i certainly respect the perspective of the neighborhood on this, i simply happen to disagree. i would like to make a motion to amend section g, which continues

into page 4 at line nine. supervisor avalos: is there a second for this motion? supervisor mar. is there any addition to the amendment? supervisor mar: i respect the president's perspective on this and i understand his rationale. i will be voting against the amendment. i know that it does not talk about targeting, but this is not about targeting, it is about having small in a constrained public spaces where a large wheeled conveyance does not take that space. this is different than, say, a very large plaza space for everyone. i understand the rationale, and i will be voting against the

amendment. supervisor avalos: any other comments on the amendment? seeing no one, a roll call vote on the amendment. >> [roll-call vote] there are seven ayes, four nos. supervisor chiu: the amendment is approved. supervisor mar: i wanted to say that i appreciated the debate within the land use committee. it was, at times, contentious. many from the audience were on

polar sides, targeting each other. i appreciate the amendments that supervisor wiener has already begun working on it. i appreciate the amendment that president chiu was working on. it was very polarized. from the homeowners and apartment building residents, talking about wanting a safer, cleaner space, often the many advocates, youth advocates, the coalition on homeless, aclu, and others, talking about not criminalizing poor people in the neighborhood. i am appreciative of the shopping cart issue. it was a key one, life of it wasn't well meaning, especially this -- smoking prohibition, as secondhand smoke is so dangerous to all of us, i felt the civil rights issues raised by the

shopping carts and possible targeting poor people was problematic, from my perspective. but i expect to be supportive of the legislation, as amended. thank you. supervisor campos: first of all, i would like to thank supervisor wiener in his office for the work they have done on this issue, as well as presidents chiu, for his involvement. i'd like to thank those in the committee who have been very involved for the last few days. this has not been an easy issue for me. the way that i approach these, as a general rule you want to give as much difference as you can to the district supervisor with something that implicates the district. i also know that as a supervisor, it is very difficult to balance the interests involved in this. i know that supervisor wiener is

going to do the best that he can, to strike the right balance. i appreciate the ways that he has tried to approach it. especially taking into consideration the concerns that raised by the aclu. credit goes to him for not including sit lie in this legislation. i think that this is one of those issues where there can be a difference of opinion, where reasonable minds can disagree. on balance, i supported the amendment because i thought it made the amendment a better piece of legislation. on balance, i am not in a position today to support this. while i simply say that i appreciate the efforts made to address the concerns, i do have questions that remain. i believe that some of the legal

issues that were raised by the aclu in their letter are issues that remain. more specifically, how broad the discretion around free speech is provided here in the legislation. along the lines of what the ninth circuit indicated in [unintelligible] case against the city and county of san francisco, that we are burning more speech -- burdening more speech than is necessary with this. i do have concerns about whether or not the legislation as amended meets the standards for time, place, and the manner. i understand why some would support this as amended. my take is a the different. i also feel that when these types of laws come before the

board, the key issue has repeatedly been the issue of necessity. while i understand that there are concerns that have been raised, we need to carefully examine whether or not existing laws already covered the contact at issue. while i appreciate that there is some of] vagueness -- some vagueness to applications of the penal code, to me the fact that the police office hasn't forced that section of the penal code, i'd think that that is relevant. when we have had prior discussions in other pieces of legislation, we have had a police department telling us that they could not and would not enforce laws already in the books. in this case, enforcement to place even though the example was an isolated incident -- and

who knows what that means? to me, that is relevant. i will respectfully disagree. i understand where my colleagues are calling from and i appreciate the spirit in which this legislation has been introduced and i appreciate the changes that have been made by president chiu. harvey milk plaza has existed for many years in its current condition. while i am open to the idea of changing what has been taking place for the prior decade, i want to make sure that the evidence is clear before we move in that direction. for that reason, i will be voting against this legislation as amended today. thank you very much. supervisor olague: i am appreciative of the amendment, but like supervisor compostampoi

cannot support this legislation at this time. i am a huge supporter of the plaza's, providing public spaces, things that are seriously lacking in the castro at many levels. in district 5 we have prided ourselves in the use of the parklets. there is one near my home on fulton. they have provided a really positive place where people can gather, meet their neighbors, converse, and socialize. it really has to be vital for not just commercial districts in the areas, but communities. it is my sense, and what i have heard from members of the public, from the district 5

democratic club and the members of the harvey milk club and others, there is a concern that many homeless clear youth, who are not able to -- queer youth, once they leave the site, where do they go? many of them go to the harvey milk plaza, where they are able to feel safe in an environment where they can continue to engage as friends and colleagues and young people who are experiencing a similar experience in life. i think that -- i do not think -- i think that this is a solution looking for a problem -- i read that somewhere -- and i think that's, in many ways, it is. you read