it's a nonconforming use and, therefore, it is what it is. but -- and it's attached to -- i suppose it doesn't have to be attached to cafe floor. it could be an off-site kitchen for another restaurant, i assume. so, it could -- someone else could utilize it. as long as it didn't change use, it can stay where it is. but if it did, then the whole thing goes away. that said, i think there appears to be full support for the staff looking at expanding the legislation to include what commissioner wu just spoke about. but i'm uncomfortable in doing that because this has not been vetted before anyone and the community and the merchants associations and everyone else were looking at a specific application for cafe floor. but i think there's another discussion that needs to be had with the community groups about expanding it all over the upper market area. and for us to take a vote on that i don't think is appropriate.

>> so, are you, commissioner sugaya, removing that portion of your -- your portion of the motion? >> no. i'm saying staff should go ahead with that. and it would go through the normal kind of public hearing and community process and the supervisors indicating interest in it, too, so. >> commissioner antonini. >> yeah, ms. hayward, maybe i can get a clarification on what commissioner sugaya is alluding to. [speaker not understood] or is it limited to just cafe fior? if it was a different business it wouldn't apply? >> my understanding is commissioner sugaya you are recommending approval as in this draft, providing specificity where applicable. [speaker not understood] that space on noe street could serve potentially as an accessory food process you can use with

any restaurant within 300 feet. the owner of both properties is the owner of cafe floor. and that would sunset after one year. >> [inaudible]. if there is another restaurant within 300 feet they presumably can take advantage of this. it does require 312 notice. >> as always is the case if cafe fior becomes cafe milano next week. it still would apply, okay, thank you. i agree with commissioner sugaya in that we are agreeing with almost everyone who spoke today, including those who spoke against it to say we want this to be looked at in a broader sense, but we're supporting the legislation as opposed at this time and that's what we direct staff to continue the trailing legislation to. >> commissioner wu. commissioner wu. thanks. i want to explain in advance.

improbably going to vote no on the motion. it's not supporting cafe floor. i think it's not quite the right planning code fix, even though it might seem to be fixed in the trailing legislation. i think we have a precedent of doing this kind of fix within the commercial corridor on other items and i just wanted to make that explanation. >> commissioner sugaya. >> one last thing. i'm comfortable with it being the one-year provision because i don't want this to be seen as rewarding cafe fior. i think this puts a little bit of a less of a -- i don't know the right word. i think we've had other instances before the commission in which owners of businesses have done what you might call illegal things or not followed specifically that the conditional use term, for example. we've had one on polk street

lately that came to us and said, we've been doing this five years and therefore you should approve it. whereas we previously approved the previous conditional use. and that happened even more recently where we had one on stockton street and north beach where the use was for a bookstore and cafe. it had not operated it that way for a number of years. they came in and said, we need to legalize this. we did. i didn't vote for it, but we did. so, i don't want the message to go out to businesses that you can just go willy-nilly doing things and then if you get caught or something like that, then you come in and say, i've been doing this for a long time and therefore you have to give me the permit. and i think this is a little different than sacramento street also because of the

ownership and quote -- i don't like to call it illegal situation, but sacramento street, i don't think that use wasn't already in there, was it? they were just asking for it to be legal. and if we hadn't approved it, they wouldn't have been able to do it. so, this is a little different. >> commissioner moore. >> polk and stockton street [speaker not understood] while this was is legislation. and i think this sits in a district of very mature, more recent planning, and i feel comfortable that the suggested ongoing, more comprehensive catching up on the rest of the district will take care of any openness and interpretation. so, i am actually supportive of it despite sharing the concerns about making exceptions when we run sometimes in difficult situationses where we he need to deal with that conflict. >> commissioners, there is a motion and a second recommending approval to the

board of supervisors to change the entire ncd to nct, the minor technical changes, the one year sunset clause and consider the entire district in the future. commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commissioner wu? >> no. >> and commissionv president fong? >> aye. >> so moved, commissioners. that motion passes 6 to 1. commissioner wu dissenting. (applause) >> commissioner borden, i'm sorry, did you have comment? >> commissioners, that will place you on public comment. i have no speaker cards. >> is there any public comment? seeing none, the meeting is adjourned. >> in honor of -- >> in honor of lou spadia. >> yes, thank you. [adjourned] test,

test, test, test, test, test >> well, thank you all for coming. it's great. i just want to highlight the program before we get started. all our partners have helped us develop this project with that my name is a himself i'm head up

the be district program. we welcome president chiu welcome. without further adieu a man who's no stranger to this area mayor edwin lee. thank you. it's great to be here on 24th street i can literally see all the changes and the constant very brnt area. it gets crowded up here. i'm glad to join president chiu and the other supervisors who are supporting this neighborhood.

all over the city we have 11 of these cb ds thought the city and 5 entire districts. the latest one i want to thank the board for the district that is raising their own money that can really compliment the downtown moscone. the neighborhoods i enjoy just as much because the neighborhood are constantly working to find ways to improve. i'm glad to see public works that helps get the permits done for those parks that have been here for 26 years and having funny; right? >> and that's at the way it

should be. we have fun where we live and it's always a great investment to have the agencies working together with the neighborhoods association and the community benefit districts to improve and constantly change and improve the streets and uses of the streets as we try to support our neighbors. this makes our city great. i want to recognize scott wiener and david is working along broadway and trying to create the newest and freshest districts there. we call it the entertainment district. but getting the businesses up

there a little bit better organized so they can welcome the foot traffic and the be automobiles. this is happening all over the districts. it's happening in the valley and others. we have a number of representatives here dan weaver. every time there are those cb ds that are created there's instant on, on going improvements. those improvements are readily felt with our police department as well. when i have people actively engaged in people with the streets people are a lot more

conscious and they're looking at out and supporting this project. people are relynn themselves with the neighborhood. this makes our city great. i'm here to thank the people and most importantly it is the move that the local merchants have and they want the city to invest in their neighborhoods. it's a plea for success. who won't want to be here. it's better than the east coast right now.

as we showed off pebble beach and my daughter is saying she wishes here here. i know that supervisor wiener and intent on making sure we have the investments in our neighborhood. when we do that kind of investment we get so much in return. people make their own personal investments and we're going to have a lot tighter city. and especially for all the national events we sponsor. we have a lot more people coming on market street they're going to expand on admission mission.

we have businesses that wish to establish the cb d. and, of course, we have the moscone strict because they're going to have a way to finance the expansion. i want to thank everyone and recommit to our cities budget and make sure our neighborhoods and city is going to continue to improve. thank you >> when you have active communities you have active leadership and there's nobody that has been as strong as our

districts supervisor scott wiener. >> thank you, mr. mayor. and wanting chu for being here today. i have the honor of representing this valley at the board of supervisors. i want to start with a shout out to t to the noah valley leadership who have done so much to improve this commercial door demeanor. and this park and two of the earlier park i always tell people if you're considering putting in a park go to see our

cities parks it's exactly what we need. i know we're going to make this corridor better as we get money from prop b. so, i have the good future of having two of the very best cd vs in my district. and when you are a member of the board of supervisors and you're responsible for helping our neighborhoods safer it's a huge benefit to have the cv ds you have people in the neighborhood cleaning it helping to keep it safe and who notice things that might be going wrong before it gets to a breaking point you've

got people always there. i'm lucky to have those individuals helping me. it's important in this day and age we know that public budget isn't was it used to be. the department of public works are able to do a lot of works cleaning but there are limits to what they can do with their resources. we try to get more cleaning resources for p w and we're going to try to continue to do that but it makes it an essential part of the u equation to have people partnering with our city agencies to make sure that our neighborhoods will save. certainly we have it in noah valley in large part to our

districts. we need to keep supporting them and making them stronger and stronger and you have my commitment. thank you >> up next in our program is president chiu and is very excited about the process here. so president chiu >> good morning it is great to be here in the sun and with you're very efficient scott wiener. i want to thank the mayor and i have to tell you in the very first year i was exposed to how for this is. i was asked to triple the size

of this one district in my first term in union square. supervisor wiener said it's very important that he tripled the size of his districts. but in my districts i have the motorbike man's wharf and we've got make sure that our wharf is safe. i'm happy to announce we're talking about a new you community benefit i'll be proposing along broadway but there have been some serious knsz around pope street and whether the financial districts

having should consider a cd v. when you have the private partnership and you have people working with our city police department it's important that all of us who are working it to make sure that san francisco has the most gem of neighborhoods for the entire word we're trying to chief that >> thank you for helping us. thank you very much >> thank you supervisor. and we know it's comfortable without our community leaders. so, please thank you so much. in our other vp thank you all

for coming. i think the original reason for this conference is to tell you in terms of giving you a qualified data. we did a terrific study were what i want to talk to you today about why the cd vs good but in terms of how we change the environment it's more than just changing the city's atmosphere the real magic is because we do all these things but it changes the feeling people have a of a neighborhood it gives them a great sense of belonging.

it's what cv ds are important. i want to thank supervisor wiener and the mayor because the atmosphere is very important >> i want to thank if you could say just a couple of words? well, thank you very much for coming out today. i want to thank the supervisors and thank you to lee a for leading the community districts. congratulations on the moscone expansion i know it was a lot of

work for you. and i want to say that she is leaving her post and we have a new person coming on board. thank you for the report and all your work. thank you so >> the renovation of balboa park, the oldest in the city of san francisco, and now it is the

newest part in the city of san francisco. through our partnership, and because of public investment from the two thousand eight fund, we are celebrating a renewal and an awakening of this park. we have it safer, happier, more joyous. >> 3, 2, 1, [laughter] =--[applause] >> it is a great resource for families, to have fun in the city, recreation. >> this is an amazing park. we have not revitalized it without public and private investment.

the critical piece of the process of this renovation was that it was all about the community. we reached out to everyone in this community. we love this park dearly and they all had thoughts and ideas and they wanted to bring their own creativity and their personality to bear on the design. what you see is what the community wanted. these ideas all came from the residents of this community. as a result, there is a sense of ownership, pride and responsibility that goes along with what is going to be an exciting park. >> welcome to our regular rules

committee meeting for thursday february 21, 2013. i am supervisor norman yee and i will be chairing the meeting. to my right is supervisor london breed and the clerk today is linda wong. the committee would also like to acknowledge a staff of sfgtv who are mark bunch and nona makonian who recorded each of our meetings and make the transcripts available to the public online. madam clerk, are there any announcements? >> yes, mr. chair, please make sure all cell phones and electronic devices are off, and any documents that are to be included as part of the file, items acted upon will be on march 5th supervisor agenda unless otherwise stated. >> thank you, we're going the move an item out of order.

can you please call item number 6. >> item number 6, ordinance amending the missal elections code sections, withdraw of canadian das si, change the public inspection period for candidate materials change requirements for petition circulated badges to meet the requirement of disclaimer, the board of supervisor's argument, incorporate state law provision governing signatures in lieu of filing feels, candidate files fee provisions and make other technical amendments. >> thank you. and i would like to welcome supervisor malia cohen. so, supervisor kim, would you like to make some comments on this. >> thank you, supervisor yee, and i appreciate the rules

taking the time to hear this cleanup legislation, as many of you know in june of 2011, the supreme court made a decision in a 5-4 vote in response to independent expenditures, substantially burdens the first amendment rights of these independent expenditures and also stated that leveling the playing field for candidates is not a compelling state interest justifying a restriction in any type of first amendment rights. many members of this board were saddened by this decision and spoke out in opposition of it, but despite that, we did have to make changes in our current public -- in our previous public finance program in order to be legal under this new supreme court ruling. this legislation passed last spring in april of 2012, thank

you, supervisor cohen for your support last year so that we could continue this very important program, but have it be under the guidelines of the supreme court ruling. we did have to do some follow-up legislation, some clean-up on the department of elections side as well, so our legislation last spring reworked the public financing program but we also need to do accompanying legislation to clean up some of the timelines and dates with the department of elections and i do want to thank public relations of elections, also to speak on the legislation for their work in helping us really going through everything and ensuring that we dotted every i and crossed every t and i know it was a lot of work for their staff. largely, the proposal would amend the municipal election code to incorporate the state law allowing the nomination procedures for city college and board of education for example to continue to be governed by state law but o