3-6r7b8g9sd good afternoon. welcome back to the san francisco board of supervisors meeting. it is tuesday, september 4, 2012. madam clerk, would you please call the roll. clerk avalos, present. campos present. chiu present. chu present. cohen present. els bernard present. farrell present. kim absent. mar absent. olague present. wiener present. mr. president, you have a quorum. >> president chiu: thank you. ladies and gentlemen, could you please join me in the pledge of

allegiance. >> (reciting the pledge of allegiance. allegiance). >> president chiu: colleagues, we have board meeting minutes from july 10, july 17, and july 24 of this year. could i have a motion to approve those minutes? motion by supervisor campos, seconded by supervisor cohen. they're approved. do we have communications in. >> the clerk: yes. pursuant to charter 14.102 and california election, we are in receipt of a communication from john arts, director of the department of elections dated august 1, 2012. a petition of referendum against ordinance no. 10412, the eighth washington street project, the zoning map amendment has been certified by department of elections.

due to the summer recess i have communicated this information and also agendized the ordinance for today's meeting. item 22 is the public hearing on the referendum and 23 is the board's reconsideration of the ordinance. >> president chiu: thank you, clerk. could you read the consent agenda, 1 through 5. >> the clerk: these items will be acted upon by a single roll call vote. >> president chiu: would anyone like to sever these items? roll call vote on 1 through 5. >> the clerk: mar, aye. olague, aye. wiener, aye. avalos, aye. campos, aye. chiu, aye. cohen, aye. supervisor else bernard, aye. supervisor farrell, aye. kim, aye.

there are 11 ayes. >> president chiu: they're passed and resolutions adopted. item 6. >> the clerk: pursuant to actions taken by the board of supervisors on july 4, 2012 a motion adopting findings supporting the board of supervisors decision to approve a conditional use authorization on property located on 601 dolores street. >> president chiu: same house same call approved. >> the clerk: item 7 pursuant to actions taken by the board on july 1, 2012 motion adopting findings supporting the board's decision supporting use on property located at 3901 24th street. >> president chiu: same house, same call. this motion is approved. >> the clerk: item 8, an ordinance amending the planning code to create a new definition of student housing. >> president chiu: supervisor wiener. >> supervisor wiener: thank you. colleagues, welcome back from recess. this is on second reading today as a reminder this legislation, with -- which has gone through

extensive process, both at the board and at the planning commission and in the community is a very strong piece of legislation, that will help us meet our -- the need -- the housing need of our tens of thousands of students in san francisco. we currently basically don't have much of a student housing policy. students are left to fend for themselves. and the alternative, some educational institutions take -- or rental stock purchased or lease entire apartment buildings and convert them into exclusive student housing, which cannibalizes our rental housing stock at a time when we don't have enough supply of rental housing, and rents are going through the roof and pricing people out of the city. this legislation will create a definition of student housing, will provide incentives to educational institutions, to create new student housing, to meet their student housing needs, and will restrict the

conversion of regular rental housing to exclusively student housing, and reduce the cannibalization of rental housing stock. this is pass the on the first reading. i want to thank you colleagues for that and i urge your support today. >> president chiu: supervisor kim. >> supervisor kim: thank you. as colleagues know at the last board meeting i brought up an issue that was brought to our office's attention, the last minute, about the concern about how we monitor the inclu inincls nary -- we were able to spend this time during recess to actually work with the city attorney and also with supervisor wiener's office, and we will be cosponsoring, coauthoring trailing legislation to take to address that need. so i will be supporting today's legislation. thank you. >> president chiu: colleagues, any further discussion? can we do this same house, same

call? without objection, this ordinance is finally passed. item 9. >> the clerk: item 9 ordinance amending the police code to exempt dogs on a leash from the prohibition against fastening an animal to lamppost or growing tree. >> president chiu: supervisor wiener. >> supervisor wiener: thank you. this legislation will repeal provisions of the police code passed quite some time ago and that have outlived whatever usefulness they used to have. for example, our police code currently regulates how much one can charge to carry luggage from specific streets to other specific streets, usually setting the charge of 25 cents or 50 cents or a dollar. the police code requires that travel agents who sell airline tickets hold a security bond which is outdated, and there are other requirements as well,

including one that would make the arguably the tamale lady illegal and prohibits people from tying a dog to a lamppost when they go in to get a cup of coffee. these provisions are outdated and -- repeal them and i urge your report. >> president chiu: can we take this item same house same call? without objection it is passed on the first read. call items 10 and 11. >> the clerk: item 10 an ordinance amending the planning code and zoning map to create the chinese hospital special use district on jackson street, to facilitate the development of chinese hospital replacement project. item 1 is is the ordinance amending the general plan and map one of the chinatown area plan to also facilitate the development of the chinese hospital replacement project. >> president chiu. >> president chiu: thank you. these two items have to do with the future of the chinese

hospital. as many of you know the chinese hospital has been in existence since 1899 when it was a dispensary and it has provided quality healthcare to the residents, not just to chinatown and of the northeast neighborhoods but to all of san francisco. it's the only independent community hospital in our city. to comply with our state seismic retrofit requirements for the future of acute care hospitals as well as to provide future healthcare needs of patients they plan to build a new eight story hospital. i want to thank the land use committee for unanimous support to move it forward to ensure continued operation of the hospital in chinatown and ask for your support. >> colleagues, any comments or questions on items 10 and 11? can we take this same house, same call? without objection, these two ordinances shall be passed on the first reading. madam clerk, please call item 12. >> the clerk: an ordinance amending the health code and business and tax regulation code

to establish permitting requirements and annual fees for use ofalt of alternate water sos for poetable -- >> president chiu: thank you. i want to thank the committee for their support. this is legislation to encourage the on-site water use in large buildings and developments in our city. i think all of us have been over to the new puc building which is a model of the building revolution and will use 60% less water than comparable building, will recycle 5,000 gallons a day of wastewater, store 25,000 gallons of rain water in its basement that will save almost 800,000 gallons of drinking water a year. in recent years it's been difficult for developers to install systems in it major buildings to allow for this type of water reuse. i want to thank staff of our puc, department of public health, dbi, as well as advocates for working together

to help developers to help install advanced water systems in large developments. i want to thank puc for setting up a grant program to help provide dollars to developers that want to move forward with these types of systems. we want to make sure that san francisco remains a model for green living and green working in our city, and with that, colleagues, i ask for your support. >> supervisor campos: any comments or questions? same house, same call? without objection, those ordinance is passed on first reading. madam clerk, can you please call item 13. >> the clerk: item 13 from the government audit and oversight committee without recommendation, an ordinance amending the police code to eliminate the permit requirement and other local regulation of secondhand and antique dealers. >> supervisor campos: supervisor wiener. >> supervisor wiener: thank you. this is a pro-small business piece of legislation that focuses on lengthy and costly fee requirements for secondhand deerms such as antique stores,

and vintage clothing stores. this legislation supports the very type of unique neighborhood businesses that make our commercial corridors vibrant and interesting places. the legislation rationalizes and modernizes the secondhand dealer provisions of the police code allowing furniture dealers, vintage stores, to be treated the same way as other small businesses, selling similar products. our secondhand dealer provisions of the police code treat all used goods stores as if they were the worst kind of pawn shops or frankly criminal enterprises. these stores currently have to get a special permit from the police department, which costs about $1500. it requires the small businesses to get fingerprinted at the hall of justice, that a criminal

background check be run, and that they have a mug shot taken. it requires that these businesses, for each and every sale, from -- including 50 cent used book, that they write down the name of every sale, describe the sale, the item being sold, and describing the person who bought the item, by name or appearance or other means, and reporting that information to the chief of police each and every day. that is incredibly unreasonable for any business owner to do that. the way that these businesses typically find out that they're required to get this permit is that they get a letter from the police department, telling them that they're committing a misdemeanor. in many cases, these businesses have been in operation for years, not knowing of this requirement, because it had never been flagged for them before. we have received complaints from many small business constituents throughout the city. as the committee hearing on

this, there was some back and forth with the police department, raised some concerns about the legislation, after having indicated support. since then, we have worked closely with the police department to broker a piece of legislation that the police department supports, and that i believe will accomplish the goals set out. for the vast majority of small businesses selling secondhand goods, the amended legislation will eliminate the permit requirement entirely. so vintage clothing stores, used bookstores, antique stores, used furniture stores, for example. for those businesses that sell certain types of items that have a higher likelihood of being stolen and resold, the businesses will be required to get a permit, but the permit fee will be reduced to $200. they will also only have to report on the specific items, not on their entire story inventory, which they currently have to do today.

these items include items with a serial number, electronics, firearms, jewelry, watches, precious stones, musical instruments and silver utensils. so, colleagues, given that we've worked closely with the police department, this legislation will meet our public safety needs as outlined by the police, and will make it easier for people to begin and to run interesting neighborhood businesses that sell secondhand goods and i ask for your support. i do have an amendment here, that i will -- i apologize, i neglected to distribute it before. it does as i suggested. and i would ask that the amendments be adopted and the legislation adopted as well.

>> supervisor wiener has made a motion to amend, seconded by supervisor camples. i did have one question. i appreciate the work you've done on this since the committee. there was a question raised about whether there were de minimus items like jewelry, if they were say not valuable jewelry and under 15 or 20 dollars apiece, his if that would be required to comply with the rules. do you know specifically for de minimis items if that's something that your legislation would cover? >> supervisor wiener: i believe de minimis would be excluded. i can double check on that. >> president chiu: what i'd like to suggest. that's my assumption but if it's not if you would entertain an amendment. >> supervisor wiener: i will go back and look at that and on the second reading if we need to make a minor change, i'd be happy to do that. but the goal here is the police department provided us with a list of the items that were most likely to result in stolen goods

being resold. and in addition, we wanted to make sure that if a store is selling one kind of covered goods but the rest of their inventory is not secondhand that the entire store get boot strapped in and we've accomplished that as well. i believe these amendments were distributed this morning to everyone's office. >> president chiu: thank you. colleagues, any further discussion? can we take the motion to amend without objection? without objection, that shall be the the case. the underlying legislation, can we take that same house, same call, as amended? without objection, the legislation passes as amended on the first read. madam clerk, next item. >> the clerk: mr. president, it is items 14 through 17. did you want to skip over those? >> president chiu: why don't we skip over the 2:30 items for just a few more minutes. and -- >> the clerk: roll call for introductions? supervisor mar, you are first.

>> supervisor mar: rereferred please? >> the clerk: sure. mr. president. >> president chiu: i have a number of in memoriams for leaders in san francisco who unfortunately bassed during our recess. first and foremost i expect there are a number that might want to join in this first one. i'd like to recognize the passing of one of san francisco's most significant advocate for higher education and the environment milton marks iii. the former son and the commission on the status of women, caroline marks, milton served as president of the san francisco community college board since 2000. he was a key part to help city college resolve the accreditation issues and worked tirelessly to move higher education. he was a significant advocate for the environment and helped to lead friends of the urban forest and urban creek council. his wife put it best when she said that he was passionate about taking our city as it was and making it more beautiful.

milton was an invaluable part of our community. he was someone we worked with closely and will be deeply missed by those of us who had opportunity to know him. i want to recognize the passing of a friend, neighbor, and a constituent in district 3, nancy blair. she moved to the bay area many years ago to study business and worked for wells fargo and san francisco. she was a great friend for those of us who knew her and a great neighbor to the russian hill community. she supported local businesses and mentored small businesses. she was a big believe in volunteerism and supported a number of citywide organizations that provided social services to our most vulnerable including the inside prison project, san francisco playhouse, tenderloin neighborhood development corporation, wheels on meals, and the bay institute. i know many of us will miss her tremendously. i also want to take a moment to recognize the passage of kathy

back ari, who has been a long time resident in san francisco and a civic leader within my district. after graduating from the san francisco college for women at lone mountain she worked with her husband, to establish and run a pr firm that served clients such as the san francisco fisherman's wharf association, san francisco firefighters union and san francisco police association. she was active in the northeast neighborhoods and throughout san francisco, helping to establish the fisherman and seaman's memory chapel, south beach museum and over a dozen other museums. it is because of her dedication of museums that we can enjoy the history of many of our city's neighborhoods. kathy will be dearly missed. also today i'd like to mention that i will be introducing legislation, trailing legislation, that we had mentioned in the context of the affordable housing trust fund to

ensure the board of supervisors reviews every five years the status and implementation of the affordable housing trust fund heading to the november ballot and to ensure that there are both evaluations of programs funded through the fund as well as recommendations for improvements to the programs and to the charter amendment. with that, the rest of the items i will submit. >> the clerk: thank you. supervisor a olague. supervisor campos. >> supervisor campos: thank you, madam clerk. colleagues, i have a couple of items. on behalf of board of education commissioner kim tree -- board of education, board of supervisors committee, i am requesting a hearing that deals with the memorandum of understanding between the san francisco unified school district and the san francisco police department. the second item that i have is a resolution welcoming to the city and county