.1. welcome to the tuesday october 30th meeting of the board of supervisors of the city and county of san francisco, home of the world champion san francisco giants. madam clerk, can you please call the roll? >> supervisor avalos? >> present. >> avalos present. supervisor campos? campos present. president chiu? chiu president. supervisor chu? chu absent. supervisor cohen? cohen presented. supervisor elsbernd? elsbernd present. supervisor farrell? farrell present. supervisor kim? kim present. supervisor mar? mar present. supervisor olague? olague present. supervisor wiener? wiener present. mr. president, you have a quorum. >> thank you. colleagues, could we have a motion to excuse hrchu? motion by supervisor campos,

seconded by supervisor olague without objection, she shall be excused. ladies and gentlemen, please join me in the pledge of allegiance. i pledge allegiance to the flag of the united states of america, and to the republic for which it stands; one nation under god, indivisible, with liberty and justice for all. >> colleagues, we have our september 13th and september 25th, 2012 board meeting minutes. could i have a motion to approve those minutes? motion by supervisor cohen, second by supervisor campos, without objection those meetings are approved. madam clerk, are there 012a communications? >> there are no communications, mr. president. >> can you read our consent agenda? >> items 1 and 2 comprise the consent agenda. these items are considered routine, however ah matter can be removed and considered separately. >> roll call vote. >> on items 1 and 2. supervisor campos? >> aye. >> aye. . >> aye. president chiu?

supervisor cohen? cohen aye. supervisor elsbernd? aye. supervisor farrell? aye. supervisor mar? aye. olague aye. wiener aye. avalos aye. there are 10 ayes. >> these motions are approved. next item. >> item 3 is an ordinance amending the san francisco administrative code by: 1) adding chapter 39, sections 39.1 through 39.9, to establish the san francisco right to revitalized housing ordinance and set city policy regarding the right to return to revitalized public housing units; and 2) adding section 37.6(n) to establish new powers for the san francisco residential rent stabilization and arbitration board in connection with the new san francisco right to revitalized housing ordinance. >> same house same call. this ordinance is finally passed. item 4. >> item 4, ordinance amending the administrative code to monitor san francisco's hoisting perezer policies and goals and making the requisite finding. >> supervisor olague. >> i just wanted to ask for one -- what will hopefully be the last request for continuance of this item to november 20th

because i have not yet had the opportunity to discuss this with the planning department. i want to be respectful of that. >> supervisor olague has made a motion to this bev this item to the 20th, seconded by supervisor campos. colleagues, any objection? without objection this item will be continued to the 20th. item 5. >> item 5 is resolution adopting findings under the california environmental quality act (ceqa), including the adoption of a mitigation monitoring and reporting program and statement of overriding considerations, related to the san antonio backup pipeline project, and directing the clerk of the board of supervisors to notify the controller of this action. >> same house same call. this resolution is adopted. item 6. >> item 6, resolution approving and authorizing the execution of lease no. gs-09b-03014 with the transportation security administration for terminal space to be occupied by the u.s. transportation security administration, a federal agency, in the international terminal and terminal 2 of the san francisco international airport with a term of five years. >> same house same call. this resolution is adopted. next item. >> item 7, resolution authorizing the issuance and delivery of a multi-family housing revenue note in a principal amount not to exceed $70,000,000 for the purpose of providing financing for the acquisition and construction of a 196-unit multi-family residential rental housing project located at 833-881 jamestown street, known as candlestick heights apartments:

1) approving the form of and authorizing the execution of a funding loan agreement; 2) approving the form of and authorizing the execution of a borrower loan agreement; 3) providing the terms and conditions of the note and authorizing the execution and delivery thereof; 4) approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; 5) authorizing the collection of certain fees; 6) approving modifications, changes, and additions to the documents; 7) granting general authority to city officials to take actions necessary to implement this resolution; and 8) ratifying and approving any action heretofore taken in connection with the note and the project. >> same house same call. this resolution is adopted. next item. >> item 8 is from the budget and finance committee without recommendation. the resolution authorizing additional allowance of up to $5.10 per rentable square foot for construction of improvements amortized by landlord over initial term of seven years at eight percent to be paid as additional rent in the amount of $1,929.10 per month for property located at 1455 market street. >> colleagues, any discussion? same house same call? this resolution is adopted. next item. >> item 9, resolution determining that the issuance of a type 20 off-sale general license to landmark retail group for cvs pharmacy located at 1059 height street will serve the public convenience. >> colleagues, same house same call? this resolution is adopted. next item. >> item 10 is resolution determining that the transfer

of a type 48 on-sale general public premises license from 247 powell street to 165 jefferson street (district 3), to nick bovis for the gdl sfo, inc., will serve the public convenience and necessity of the city and county of san francisco. >> same house same call? this resolution is adopted. item 11. >> item 11, resolution determining that the issuance of a type 42 on-sale beer and wine license to roger abuyaghi (nob hill restaurant ventures, inc.) for after five, located at 810 van ness avenue (district 6), will serve the public convenience and necessity of the city and county of san francisco. >> same house same call? this resolution is adopted. next item. >> item 12 is a resolution determining that the transfer of a type 20 off-sale beer and wine license from 2200 jerrold avenue to 1201 minnesota street (district 10) to nelly ghassan for the gifted basket, will serve the public convenience and necessity of the city and county of san francisco. >> same house same call? this resolution is adopted. next item. >> item 13 is a resolution determining the issuance of a type 64 special on-sale general theater license to jason seifer for the american conservatory theatre foundation, dba the costume shop, located at 1115 - 1117 market street (district 6), will serve the public convenience and necessity of the city and county of san francisco.

>> colleagues, same house same call? this item is adopted. next item. >> item 14 is an ordinance amending the san francisco planning code to: 1, consolidate into section 138 of the requirements for privately-owned public open space; 2, create a new zoning administrator bulletin that will contain detailed design and graphics requirements for the required informational plaques; and 3, make environmental findings, planning code section 302 findings, and findings of consistency with general plan and planning code section 101.1. >> president chiu. >> thank you, colleagues. i want to thank the land use committee for their unanimous support of this legislation. as i think we all know, we live in the densest urban neighborhoods outside of manhattan and are always looking for ways to improve live ability and open space. and in 1985 there was a requirement in our 1985 downtown plan for one square foot of public space to be set aside for every 50 square feet of office space to create what are known as privately owned public open spaces, otherwise known as po-pos. the legislation that i have is real toy ensure that the public has access to such space. at this time we have at least

15 of these spaces in plazas, rooftop gardens, atriums and small parks, but very few members of the public are aware of access to these spaces because signage has been difficult and access otherwise challenged. and this is legislation that would help to require better signage and access. i will take a moment to thank spur for a report that they put out a couple years ago which highlighted this issue. i want to thank john king from the san francisco chronicle who has been diligent in drawing public attention to this situation, as well as the planning department for their strong advocacy, as well as supervisor wiener who has also attended this issue as well. colleagues, i ask for your support. >> colleagues, any comments or questions? can we take this same house same call? same house same call, this item passes on first reading. madam clerk, can you call item 15? >> item 15 is an ordinance amending the san francisco administrative code by adding section 1.60 to require the mayor's office and the planning department to report to the board of supervisors every five years on the implementation of charter section 16.110, the affordable housing trust fund charter amendment.

>> colleagues, can we take this item same house same call? this ordinance is passed on first reading. next item. >> item 16 is an ordinance amending the san francisco planning code section 231 to allow for greater size and depth from the corner for limited commercial uses in the residential transit oriented mission (rto-m) district; and making environmental findings and findings of consistency with the general plan and planning code section 101.1. >> same house same call. this ordinance is passed on the first read. item 17. >> item 17 is an ordinance amending the san francisco health code by adding article 11a requiring: 1, the department of public health to provide written information outlining the rights and responsibilities of tenants, property owners and pest control operators regarding the prevention and treatment of bed bug infestations; 2, dph to develop a training curriculum on bed bug abatement; 3, owners to respond to bed bug infestation complaints; 4, property owners to disclose bed bug infestation history for the previous two years; 5, dph to collect and publish bed bug data on a quarterly basis; 6, the health department to conduct a biannual public hearing to review dph's written materials, and adopt amendments as appropriate; establishing enforcement procedures; and making environmental findings. >> supervisor kim. >> thank you. this ordinance is a culmination of three years of work from residents, advocates, property managers, pest control operators, and city departments such as department of public health and department of building inspection. i do want to take time to thank all of those members that have been involved in this very deliberative and thoughtful process, and i'm really glad that we are finally here today with legislation before the

full board. i want to just take an opportunity to thank my co-sponsors, supervisor david campos and supervisor david chiu. this ordinance addresses one of the main issues i actually heard while campaigning for this office in 2010. and the issue is how the city manages bed bugs. while campaigning was a key issue that came up throughout the district, even though it is an issue that affects the entire city. one of the first things i did as supervisor was to call a hearing on how the city works on the abatement of bed bugs and on march 28th we heard from over 100 residents, advocates and affordable housing developers about the impact that this has on people's lives. so, today i'm asking you to support this legislation which would address three main issues. one, the legislation requires the city provide clear and accessible information on how to properly abate bed bug infestation and the rules and responsibilities for tenants,

landlords, and pest control operators. two, in doing our due diligence we looked at what other jurisdictions have done to address this issue and decided to include them in our legislation and have decided to include in our ledthtion asian a provision in new york city administrative code. this will require a property owner or property manager to disclose to prospective tenants written disclosure of the bed bug infestation and abatement history only upon request. third, we require pest control operators to report to dph on a monthly basis the number of units they have treated in order for the city to have a better sense of how to manage its response to the issue both in neighborhoods which infestation seems to be increasing and prioritizing our limited staff resources to where the need is. currently we only collect data based on complaints, which doesn't give us a good sense of where the bed bug fib if he is thaitions are -- infestations are. by mandating pest control operators report to the dph

we'll have a broader sense where the infestations are. this will have a data driven use of our resources. i believe the approach practice in collaboration with dph and the working group that has been working on this issue for over three years is both measured, responsible, and smart. i want to acknowledge a couple of folks that have really been active in coming to our hearing. and i want to acknowledge [speaker not understood], tina chockv, ben ing, [speaker not understood], rich aer may, sarah short, [speaker not understood], and brad bishop for the bed bug working group and on the city sidebar bra garcia, karen con, rajiv, rosemary and [speaker not understood] for their support, advice, and knowledge and the city task force who unanimously endorsed this legislation. we also want to thank the san francisco good health council, the san francisco apartment association and also the sro

owners and operators association for meeting with our office as well and giving us feedback. thank you. >> supervisor wiener >> thank you, mr. president. i support this legislation. i want to thank supervisor kim for her work on this and for all the advocates. this is one of those issues that hasn't i think received enough attention in san francisco, and we need to start really aggressively dealing with it. so, i thank supervisor kim for doing this work. i do have one question i want to raise, and i think it's appropriate for the responsibility on remediation on the landlord, but i think it's also important to make sure that we're educatesing tenants about how to avoid bed bug infestation because even if you have the most responsible and best landlord in the world, obviously it's best for people not to have to go through the extermination process. so, supervisor kim could comment on those efforts. >> supervisor kim.

>> and, so, this is something that i think many of our tenants that have been active in our working groups have also acknowledged, which is that it's the responsibility of everyone, not just property owners, but of course tenants in themselves from preventing bed bugs from even coming into their unit. just some of the work that we've been doing, the sro collaborative who we budget about $1.1 million through dbi, actually spent a considerable amount of their work actually educating tenants on how to prevent from bringing bed bugs into their units. we also fund president mental health association and they actually lead pier groups and support groups for tenants that have issues with hoarding and cluttering, which is actually something that has been shown to lead to the increase of the likelihood of having bed bugs in your units. so that is something that we are currently doing. our tenant advocates are aware of that. one of the best things we can do of course is prevent bed bugs from coming into the units and we will continue to do that work. we're also hoping to more effectively leverage existing

city resources around bed bugs. we currently have 16 healthy housing inspectors that we can more adequately leverage to use around education and also in bed bug abatement work. and we have two health inspectors specifically that work with sro buildings through dph. but i think that that feedback is good. we've gotten it from several groups we've worked with including the apartment association and we'll certainly continue that education work. so, thank you for that question. * >> any further discussion? colleagues, can we take this item same house same call? without objection, this ordinance is passed on the first read. to roll call. >> supervisor campos, you're first on roll call for introductions. >> thank you very much, madam clerk. colleagues, i'd like to begin with a piece of legislation that i'm introducing today. as you know, in order to legally operate a parking garage here in the city and county of san francisco,

parking operators are required to get a certificate of authority from the treasurer and tax collector and obtain a bond that means the city has the exclusive beneficiary. that's something that we need to happen to protect the city. the bonding requirement is there for that very purpose to safeguard the city in case an operator fails to remit the taxes and collects on behalf of the city. the bonding requirements currently range from 20,000 to $800,000 depending on the annual gross receipts from the parking station. since these bonding rates were passed, the financial crisis has made it quite difficult for certain operators to get a large line of credit without actually owning significant assets. this has disadvantaged in particular many small parking operators who do not have sufficient capital to obtain the necessary bond. it has also impacted larger operators who have operated in good faith and have a proven

record of responsible third-party tax collection. so, in order to continue to protect the city -- so, we essentially have to strike the right balance between requiring the bond, but also recognizing the challenges that some of these operators face. and in order to continue to protect the city while also supporting the needs of both small and larger parking garage operators, we in my office have been working with the tax collector's office on legislation that lowers the bond requirement for those operators that comply with all state and local laws and have met their financial obligations for the proceeding three years. we believe that this legislation, after working closely with the treasurer and tax collector, struck the right balance in protecting the city, but also helping small businesses in particular in this industry. so, i look forward to this being discussed in committee and to having a stantive

dialogue at the board of supervisors. and again, i want to thank hillary ronan from my staff as well as our treasurer and his staff for all the work that has been going into this for quite some time. the last point that i want to make is to address something very serious that has been happening in my district, and specifically within district 9 in the mission district. as some of you may have read in the paper or heard, there has been an increase in violence in the mission and it's something that we take very seriously. unfortunately, most of the incidents that have occurred have been gang related, which makes it very serious. and i simply want to take this opportunity to say that we, the government and the city and county of san francisco make the safety of our resen