supervisor elsbernd, aye. supervisor farrell, aye. supervisor kim, no. supervisor olague, aye. supervisor wiener, aye. president chiu: this passes. and a roll-call vote. >> riser avalos, -- supervisor avalos. president chiu: we just amended the motion to approve the nomination. should this be approved? >> supervisor avalos, no,. supervisor chiyu, no. supervisor chu, no.

supervisor elsbernd, no. supervisor kim, no. >> supervisor olague, aye. supervisor wiener, aye. president chiu: item 22. >>supervisor mar: i am asking fr your support of legislation that would help parents and the parent teacher association and parent teacher organizations. i especially want to thank mayor lee and his staff but also my colleagues on the board including supervisor scott wiener, david chiu, carmen chu, christina olague, john avalos,

jane kim, and malia cohen for cosponsoring the legislation. i am grateful for the work of debbie city attorney jane alexander and from the treasurer tax collector's office for helping us draft this ordinance and finally to treasurer jose cisneros for his incredible work as well. and pta's and pto's hold events to raise supplemental revenue. the san francisco business and tax regulations code requires these events be taxed at a rate of 25%. this creates a burden on the volunteer grassroots organization who are staging events for the sole benefit of san francisco schools.

and by amending the role in allows volunteer parent organizations to reap the full benefit of their efforts in the schools to better meet the needs of their students. i urge your support and thank all those involved. supervisor kim: thank you. i wanted to thank supervisor mar and their office. it is important that we helped our families and pt's that are of working to raise money for our classrooms and schools, given the three decades of cuts that our public education has seen. this has been an issue that is important to many of us and i appreciate supervisor mar's leadership role in making this happen but also ensuring there are some parameters that in terms of what type of -- with the fund-raising dollar goes to, ensuring that goes back to our schools and also putting some parameters on how much they earned. this is incredibly important.

as schools look to see how they can generate revenue beyond the city, beyond other avenues that we're able to allow them to creatively find ways to use the one thing that the school district has too much of which is property to generate revenue for our classrooms. i wanted to thank supervisor earmark's efforts on this and look forward to supporting this ha. -- this. ha ha supervisor campos, aye. supervisor chu, aye. supervisor elsbernd, aye. supervisor farrell, aye. supervisor kim aye. supervisor mar, aye. supervisor olague, aye. supervisor wiener, aye. there are 11 aye's.

item 23. >> approving the international terminal equipment maintenance and operating agreement between the san francisco terminal equipment company and the city not -- in an amount not to exceed $18 million. president chiu: can we take this same house, same call? this is approved. >>president chiu: same house, se call? this resolution is adopted. >> a resolution authorizing the department of the environment to retroactively accept and expend the active -- the act to support greenhouse sf. president chiu: same house, same call? 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.