this is adopted. >>president chiu: same house, se call? this resolution is adopted. >> authorizing to july 20 to one, 2012 to extend the sublease for the human services agency. president chiu: same house, same call? this resolution is adopted. >> approving a declaration of our emergency construction contract in an amount not to exceed $115,000 to address a rockslide near south fork. president chiu: same house, same call? this item is adopted. >> authorizing the director of public health and the office of contract a administrator -- administration purchaser to provide provider payment services for the health the san francisco program, july 21,

2012. for an amount of $39.40 million. president chiu: same house, same call? this resolution is adopted. >> theincreasing the total not o exceed the amount of the agreement to approximately $33 million. president chiu: same house, same call? this resolution is adopted. >> retroactively approving the contract between the treasure island authority to extend the term through 2013 not to exceed approximately $2 million. president chiu: same house, same call? this resolution is adopted. >> approving an amendment to the refuse collection between the treasure island authority and golden gate to extend the term and it just the collection fee for refuse collection services at tressler island -- treasure

island. item 33, authorizing the public defender's office to accept and expend a grant of approximately one header 17.8000 for the purpose of the implementing local juvenile justice accountability through the block grant. authorizing the issuance and delivery of multifamily housing revenue note in the amount not to exceed $20 million for the purpose of providing financing for residential rental projects. located at 140 kashmir street. president chiu: same house, same call? this resolution is adopted. >> approving the contract mod between the city and tenderloin and click to provide housing. in addition of the mayfair hotel.

in an amount of $91 million. president chiu: same house, same call? this resolution is adopted. >> authorizing the department of public health to accept and expend a grant for 5 harter 45,000 to participate in a program entitled interim -- implementing new directions in hiv. president chiu: same house, same call? this resolution is adopted. next item. >> authorizing the department of public health to retroactively accept and expend a grant in two ordered $98,000 to participate in a program entitled, addressing some dexter program collaboration and services integration. president chiu: without objection, same house, same call? this resolution is adopted. >> from the budget and finance subcommittee without recommendation. authorizing the arts commission to retroactively accept and

expend a grant in the amount of 3 under thousand dollars from archstone. supervisor kim: we sent this out of the subcommittee without recommendation in order to get more information from the department. i think perhaps the department might have misspoken and said that $100,000 would go to a minister of expenses. they have clarified only $60,000 is going toward the administrative overhead of managing the grant. it is still perhaps a lot but within the reasons of -- they have a piece of legislation that guides that. the rest is to run the rfp process. it is with and compliance with their rules and so i would suggest or urge everybody here to support item 38. thank you. president chiu: do you want to do this item same house, same call? without objection, this resolution is adopted. >> amending the administrative

campaign and government to conduct code regarding allegations of landlord and small business tenants for disability access improvements. president chiu: each of you are where we have had a tremendous rate of lawsuits against local small-business owners related to our ada laws. we have seen thousands of these lawsuits in san francisco. there have been hundreds of these lawsuits. a number of our colleagues and others have been focused on what we can do to move this forward. i want to thank the land use committee for their support as well as the different stakeholders that have worked for my office including the small business commission and small-business advocates cannot advocate from the disabled community and advocates for commercial landlords as well as [unintelligible] this ordinance does five things. it requires our city to give priority to building permits for

work to bring space into compliance with access laws. it requires commercial landlords to bring restrooms, ground floor entrances and exits into compliance with various disability access laws or to disclose to tenants the property may not currently meet the applicable accessibility standards. this legislation inform small business tenants and leases the may be legally and financially liable for failing to comply with laws and to offer tenants copies of access information notices. fourth, the legislation requires new in -- in new or amended leases obligations between business tenants and landlords. also disturbing information notices in multiple languages on the local, state, and federal disability access laws. we all know that much of what is at play here involves federal and state laws in addition to

our local laws and there probably are their ideas we should move forward that i hope to be able to work with you, colleagues either as a sponsor or is a co-sponsor of future legislation but from my perspective, we need to do everything we can to insure the accessibility of our spaces and ensure that small business tenants and landlords are fully aware and educated and doing what they need to do to bring their properties and their spaces into compliance and with that, i would like to ask for your support. supervisor mar: thank you. i went to thank president chiu but also the small business office and the mayor's office of disability and others for their hard work on this legislation. i am proud to be a sponsor. we held a hearing at the land use and economic development committee a couple of weeks ago with many small businesses that came out raising concerns. many people did speak positively that we need to do everything we

can to support accessibility in our neighborhood center of the city as one of the city's tuck goals. it is imperative that we make sure our city's businesses especially small businesses can get help to get into compliance with the requirements of the ada act but many of them are slow to do so. the results are impacted by these drive by lawsuits that often put them out of business or jeopardize them. i wanted to acknowledge supervise -- supervisor common to -- carmen chu. the legislation is important because it is an important step forward because it addresses a number of concerns of small businesses that we heard at the hearing. it requires commercial landlords to make entrances in bathrooms acceptable prior to leasing or notify the tenant that this has

not been done. it also increases the notice that tenants, a commercial tenants of commercial -- potential liability if they're not in compliance and forms a small business tenants about their obligation. it requires the office of small business creates multilingual templates explaining how federal, state, and local disability access laws intersect and the critical part of it -- better education of our small business sector. this has been an important step forward and i am proud to be a co-sponsor and urge your support. president chiu: any further discussion? supervisor chu: i wanted to thank president chiu. many of our districts has seen

a number of businesses that have suffered hardships from some of the lawsuits that have occurred. if we -- as we look into the issues, there are intersections are rarely with small businesses. the issues are focused around the ability to make the repair. the legal resources to understand how to deal with some of the issues and understanding what the responsibilities are. in terms of capital, the mayor pose a revolving loan fund, something the board has approved will go along waste to helping small businesses in order to make some of the repairs in addition to the opportunity fund which we helped to make sure that provided funding for the city. that will help with capital in terms of legal research. i want to thank julie tran, who has worked a program to help small businesses get low-cost legal advice. i think the area where this legislation excels is on the noticing, being able to notice

individuals and let people know what their responsibilities or liabilities may be. i want to thank the sponsor for putting this forward and for changing and amending some of the legislation. when the legislation was put forward, there were a number of the small business disability to make repairs or changes to storefronts and other things that might be difficult to do. i know we wanted to confuse that with federal or state laws that already exist by adding another complicated layer on top of it. i want to thank the spencer -- sponsor for making those amendments before it came to the board. i want to thank the sponsor for that. president chiu: i should take a moment to thank our deputy city attorney who spent much time going through various drafts of this legislation. any further discussion? can we take this same house, same call? without objection, this ordinance is passed in the first

reading. item 40. >> ordinance amending the san francisco planning code to create a new definition of student housing. supervisor wiener: thank you. today we have before us legislation that will help our city and educational institutions create student housing without cannibalizing or -- our housing stock. this has been in the works for several years and has made several trips back and forth between the board and the planning commission as it -- and as a result of a long broadbased process, this provides for the first time a definition of student housing that is applicable throughout the planning code. we have a huge need in san francisco to house our students and we need to do it in a way that does not undermine housing opportunities for other san franciscans. there is an estimated shortage

of as many as -- student bands in san francisco. student housing is exempt from inclusion in rehousing, fees and requirements. student housing will be exempt from unit mix requirements in specific eastern neighborhoods. and student housing will have reduced open space requirements, similar to those for sro's. so, colleagues, again, this has been a long, collaborative process. this legislation will provide the right incentives to create new student housing and will ensure that our already been very tight rental market does not become even more tight through the conversion of general housing to exclude student housing and i ask for your support.

supervisor kim: i want to thank supervisor wiener for all his work on this important legislation. this has been an ongoing discussion for years and i have heard from advocates and the privy supervisor, supervisor -- previous supervisor thomas supervisor dufty -- supervisor dufty. we have a number of academic institutions that have concerns about the impact of this legislation clegg's to propose amendments and send it back to planning before i came back to the full board. there are two outstanding issues. a discussion around the monitoring of student housing if it does convert back to market rate. how do we ensure that the developers will contributed

pinkoson your requirements if they do decide to convert back to market rate? it means this could be introduced as drilling legislation. i am requesting a motion to continue to tuesday, september 4. president chiu: the motion is seconded. is there any discussion? on the motion to continue. president chiu: would like to ask the chair to -- i would like to ask the chair on the motion to consider -- continue. i would like to understand exactly what we're hoping to achieve. i know that there have been some discussions with the academy of the art university and our director from the planning

department is here can give us a sense of where those are growing. so we can understand what we hope to achieve. >> thank you. if i may, i would like to first reiterate what supervisor wiener's point that the intent of the legislation was to encourage the production of new student housing. it has been nearly two years since that came to the planning commission for consideration. as you know, there has been a lot of discussion about the conversion issue and whether or under what circumstances conversion of existing housing to student housing should be allowed. the planning commission felt strongly that should not be allowed and voted not to do that. with respect to the academy of art or any institution, this legislation is somewhat separate from the notion of what might happen with the ongoing discussions.

we're in ongoing discussions with the academy for a more global resolution that may be some kind of resolution that comes to the board for your approval at some point. i can i give you an exact timeframe but we have been in discussions with them on that issue. we have been talking about ways of coming to resolution on the existing housing. that is an issue with the academy and other facilities. president chiu: there has been some discussion about whether aau ought to somehow be exempted from some of the rules that we have and i am wondering, where is the department on some of these questions. >> if there is a settlement

agreement, that could be handled on its own process absent a separate piece of legislation that the board would approve separately. president chiu: and if we could understand what we're hoping to achieve during a continuance. supervisor campos: thank you. i have just gone a request for additional time in terms of ongoing conversations to resolve the issues you have brought up. there are two in particular. one is the consideration of the grandfathering and i think there is a issue with the fact that these institutions exist. some of what has occurred, that conversation needs to be ongoing. the second is the issue i had brought up which is around how we monitor when student housing

new construction converts back to market rate. and how we allow monitoring to occur to ensure these developers contribute to our inclusion are housing fee if and when they do. this legislation allows them to convert its four by four and it can make it challenging for the city to monitor whether the developers are contriving to inclusion rehousing. for those issues i am proposing a continuance. we have been hearing this issue for a while. i want to [inaudible] supervisor wiener. i agree with the intent of the resolution. we should be encouraging the construction of student housing, we should not be cannibalizing our existing rental housing stock. i support those -- the spirit of the legislation. president chiu: from my

perspective and i appreciate the much ring and one way to address this, i am not sure if you have language we might want to consider today. supervisor kim: i do. i do have a motion that would amend the planning code, that would put in an annual monitoring report that will allow the city to monitor this issue. i have not had time to speak to the author of the legislation on it. i do have 11 copies for colleagues to look at. it does send this item back to the planning commission and for that reason, i thought it might be better to continue this issue rather than send it back to planning. supervisor wiener: i have not seen any proposed amendment. i have been hearing rumors of amendment. i have not seen any. this has been back and forth to planning several times.

i do not support sending this back to the planning commission again. if anyone wants to do drilling legislation around monitoring, that is appropriate. in terms of the monitoring, i do not agree that is something that needs to happen so quickly that it needs to go back to the planning commission i think for the third time. i do have a concern about sending it back. to planning. supervisor farrell: my question is to the maker of the motion. is there reason why we could not vote on this now? it has been back and forth to planning and then do this later. we have to bundle it together. supervisor kim: this feedback

came to our office late and i do not normally like to bring amendments to the full board. we got a drafting of it literally an hour ago. i wanted additional time to [inaudible] the author of this legislation and maybe we can agree to have trilling legislation. i could have did -- continued it to next week. a motion to continue would be far less time than potentially referring it back to planning and having a discussion with the sponsor. supervisor wiener has not seen this and i was not right to a motion to amend until i have this discussion with him. it is possible we could find multiple drafts but i want to ensure we have support for this amendment. i am happy to distribute copies to you can look at it now but i am not proposing to amend at

this moment. supervisor avalos: -- campos: i supported the motion to continue. it is important to address the concerns that supervisor kim has raised. i am not a fan of grandfathering to the extent we're proposing a different set of rules for certain institutions. i would have a concern with that. the other reason why i supported the motion to continue is my understanding is if there is a substantive amendment that the entire thing would be sent back to planning which i think we should try to avoid. that is why for me, continuing it for some time to allow my colleagues and the different people that are involved to have an opportunity to speak was the preferred option. supervisor mar: thank you.

i was pleased when the efficiency and that legislation, we were going to have more time on that one. this item, supervisor wiener has done a tremendous amount of work on this. kansas feel like there should have been some effort to speak with him about these amendments before bringing it to the board. my hope is that it could be addressed in trilling legislation so i will be supportive of not continuing this item. i feel like it is too last minute. president chiu: any further discussion? >> supervisor avalos, aye, supervisor campos, aye. president chiu: no, supervisor

chu, no. supervisor cohen, no,. supervisor elsbernd, no. supervisor farrell, no. supervisor ow levy, no -- olague, no. supervisor mar, no. supervisor wiener, no. president chiu: a roll call vote on the motion to continue. supervisor cohen, aye, supervisor elsbernd, aye. supervisor farrell, aye. supervisor kim, aye -- no. supervisor kim, no. supervisor mar, aye.

supervisor wiener, aye. president chiu: it is 2:50 p.m. i would like to go to the 2:30 p.m. special orders. could you call the first hearing? >> items 45 through 46 for public hearing to consider amendments to the initiative ordinance amending the business and tax regulations code. generating $28.50 million in estimated additional revenue. president chiu: this is a hearing to consider men -- amendments that were made last week to the gross receipts tax that is being proposed for the november ballot. i would like to ask if there are members of the public that wish to speak to these amendments, if you could please step up to the microphone.

>> i wanted to quickly thank supervisor avalos, supervisor chui, members of the budget committee, and the mayor's office and the comptroller's office for yeoman's work the last six or seven months in developing alternatives and going through a process of dozens of meetings with hundreds of taxpayers. sometimes you should not wish for something that happens and we talked about getting rid of the payroll tax for decades and we're on the verge of we think you for the work and look forward to this measure going on the november ballot. president chiu: next speaker. >> steve adams, san francisco small business commission. since we first -- our first hearing in april, the commission has been supportive of abolishing the payroll tax and implementing proceeds -- gross receipts. we held five hearings on this and at the time, the commission

strongly urged the mayor to modify the initial proposal to recognize that business is making over $1 million are more likely to be profitable and are in better position to pay the tax rather than smaller businesses. the commission is pleased that you took this into consideration. we're also very pleased that you took our business -- the registration fee to be also proposed and you took those into consideration as well and we thank you for that. on behalf of the commission, we want to thank the mayor, president chiu, supervisor avalos for coming to a consensus on this. this is very good for the city. we also want to think controller been rosenfeld, -- ben rosenfeld and ted egan.

thank you for coming together and doing good for the city and county of san francisco. president chiu: next speaker. >> good afternoon. as you well know, there have been numerous attempts over the course of the last decade or so to reform the city's business tax. the payroll tax has been viewed as a disincentive to job creation. we believe that this is a well crafted solution. it is amazing. i have to give a lot of kudos to the controller and the staff and chief economist as well as supervisor chiu and the mayor's office and supervisor avalos. coming in this -- together in this way is a way to make comprehensive public policy and this is a great way to chart a path for the city moving forward. i forward, so i encourage your support. president chiu: