>> absolutely. where can we find out what is coming up after dark? >> that is easy, exploratorium .edu/afterdark. >> thank you. thanks for watching

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