>> good afternoon, welcome to the san francisco board of supervisors meeting of tuesday,

march the 19th, 2013. madam clerk, can you please call the roll? >> supervisor avalos? avalos present. supervisor breed? breed present. supervisor campos? campos present. supervisor chiu? chiu present. supervisor cohen? cohen present. supervisor farrell? farrell absent. supervisor kim? kim present. supervisor mar? mar present. supervisor tang? tang present. supervisor wiener? wiener present. supervisor yee? yee absent. mr. president, you have a quorum. >> thank you. colleagues, we've been asked by our colleague if we can ask a motion to excuse them. motion by supervisor campos, second by supervisor wiener, they are excused. ladies and gentlemen, please join us 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 february 12, 2013 board meeting minutes. can he have a motion to approve those minutes? motion by supervisor cohen, seconded by supervisor mar. without objection, those meeting minutes are approved. madam clerk, are there any communications? >> there are no communications, mr. president. >> and could you read our consent agenda? >> items 1 through 16, the consent calendar are considered routine. if a member objects, an item may be removed and considered separately. >> colleagues, would anyone like to sever any of these items? roll call vote on items 1 through 16. >> supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener? wiener aye. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu?

chiu aye. supervisor cohen? cohen aye. supervisor kim? aye. >> those are adopt and had approved. the regular agenda, madam clerk, can you call the items 17 through 20 western soma? >> they were recommended without recommendation. [speaker not understood] adding the western south of market plan making conforming amendments to the housing commerce and industry, recreation and open space elements, the land use index, and the soma, east soma mission showplace square potrero and central waterfront area plans and making the requisite findings. item 18 is an ordinance amending the planning code, by adding and amending various sections to implement the goals, objectives, and policies of the western south of market area plan, bounded generally by 7th street, mission street, division street, and bryant street on the western portion of the plan area, and 7th street, harrison street, 4th street, and townsend street on the eastern portion of the plan area; and making findings, including environmental findings, and findings of consistency with the general plan and the priority policies of planning code, section 101.1. item 19, ordinance amending zoning map sheets zn01, zn07,

zn08, ht01, ht07, and ht08 to revise use districts and height and bulk districtses within the western south of market plan area; and making environmental findings, planning code, section 302, findings, and findings of consistency with the general plan and planning code, section 101.1. and item 20 is an ordinance amending the administrative code, section 10e.2, to integrate the western south of market area plan into the eastern neighborhoods monitoring program for purposes of reviewing the effectiveness of the western soma area plan and inclusion of the western soma area plan into the eastern neighborhoods reporting requirement, eastern neighborhoods capital expenditures plan, and the eastern neighborhoods citizens have iery committee; and making environmental findings. ~ >> roll call vote. >> on items 17 through 20, supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener? wiener no. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu? chiu aye. supervisor cohen? cohen aye. supervisor kim? kim aye. there are 8 ayes, one no. >> those ordinances are finally passed. item 21. >> item 21 is resolution concurring with the controller's establishment of the consumer price index for 2013, and adjusting the access line tax by the same rate. >> roll call vote. >> on item 21, supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener?

wiener aye. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu? chiu aye. supervisor cohen? cohen aye. supervisor kim? kim aye. there are nine ayes. >> that resolution is adopted. item 22. >> item 22 is a resolution authorizing the sheriff's department to retroactively accept and expend $599,894 in funds from the u.s. department of justice, office of justice programs, through the second chance act reentry program for adult offenders with co-occurring substance abuse and mental health disorders, for the keys to freedom program to increase public safety, and reduce recidivism among incarcerated and recently released women and transgendered adults in the city and county of san francisco; and waiving any indirect costs for the period of october 1, 2012, through september 30, 2014. >> colleagues, same house same call? this resolution is adopted. next item. >> item 23 is an resolution authorizing the recreation and park department to retroactively accept and expend a grant of up to $3,350,000 from the trust for public land for the design and construction of improvements to father alfred e. boeddeker park for the period of august 13, 2012, through march 3, 2014.

>> colleagues, same house same call? this resolution is adopted. item 24. >> item 24 is an ordinance amending the planning and administrative codes to correct errors; make language revisions and updates; revise graphics to be consistent with text; amend fees to be charged for certain kinds of applications and appeals; clarify the meaning of certain planning code sections; amend the zoning map to remove the incorrect chinese hospital special use district designation from assessor's block no. 0192, lot no. 041; and adopt findings, including findings under the california environmental quality act, and planning code, section 302, and findings of consistency with the general plan and planning code, section 101.1. >> colleagues, same house same call? without objection, this ordinance is passed on the first read. next item. >> item 25 is an ordinance approving exceptions to requirements of the seismic safety loan program under the administrative code and the sslp program regulations, regarding a $2,379,464 loan for an existing affordable housing project at the hotel isabel located at 1091 mission street. >> colleagues, same house same call? this ordinance is passed on the first read. next item. >> item 26 is a resolution determining that the transfer of a type 57 special on-sale general license from 4461 mission street to 717 battery street (district 3), to mxb battery operations, l.p., for the battery, will serve the public convenience and necessity of the city and county of san francisco, in accordance with california

business and professions code, section 23958.4, and recommending that the california department of alcoholic beverage control impose conditions on the issuance of the license. >> same house same call? this resolution is adopted. ~ next item. >> item 27 is a resolution determining that the issuance of a type 42 on-sale beer and wine license to andrew and jennifer hall for the beer hall, llc, located at 1 polk street (district 6), will serve the public convenience and necessity of the city and county of san francisco, in accordance with california business and professions code, section 23958.4, and recommending that the california department of alcoholic beverage control impose conditions on the issuance of the license. >> same house same call? this resolution is adopted. next item. >> item 28 is a resolution determining that the transfer of a type 20 off-sale beer and wine license from 1169 market street to 2001 market street will serve the public convenience. >> same house same call? this resolution is adopted. item 29. >> item 29 is an ordinance amending the municipal elections code making miscellaneous amendments to various sections. >> supervisor kim. >> thank you. and i do want to thank the rules committee for their support. this is trailing legislation following our reform of the public finance legislation that we passed at the board last year. we did have to make a couple of date changes. now with the election code, in order to conform with the new

public finance structure and mechanism. ~ i do have to make one small amendment today, and that is on page 16 of the ordinance, we are just triking lines 12 and 13, saying that the operative date of this ordinance is january 1st, 2013. we are just triking that. the ordinance will become law 30 days after the mayor signs it since the legislation. so that was just a quick fix up. >> supervisor kim has made a motion to amend. is there a second to the motion? seconded by supervisor cohen. colleagues, without objection that passes. on the underlying ordinance can we take that same house same call? without objection, the ordinance is passed on the first read as amended. item 30. >> item 30 is motion appointing robert bowden, term ending july 17, 2013, to the reentry council. >> roll call vote. >> on item 30, supervisor mar? mar aye.

supervisor tang? tang aye. supervisor wiener? wiener aye. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos? campos aye. supervisor chiu? chiu aye. supervisor cohen? cohen aye. supervisor kim? kim aye. there are nine ayes. >> motion is approved. item 31. >> item 31, motion confirming the mayor's appointment of mel murphy, term ending may 1, 2016, to the port commission. >> colleagues, we have two colleagues who are not with us today and we have been requested by them if we could entertain a motion to continue this item for one week. is there someone willing to make that motion? motion by supervisor wiener, seconded by supervisor breed. any discussion? without objection, this item will be continued for one week to march the 26th. item 32. >> item 32 is motion amending

board of supervisors motion no. m13-031 to appoint supervisor malia cohen to the association of bay area governments executive board, for a term ending june 30, 2013. >> colleagues, can we have a motion to excuse supervisor cohen? motion by supervisor mar, seconded by supervisor wiener, without objection, she shall be excused. roll call vote on the motion to approve. >> on item 32, supervisor mar? mar aye. supervisor tang? tang aye. supervisor wiener? wiener aye. supervisor avalos? avalos aye. supervisor breed? breed aye. supervisor campos. campos aye. supervisor chiu? chiu aye. supervisor kim? kim aye. there are 8 ayes. >> motion is approved. colleagues, we do not have any 2:30 special orders otherwise i think everyone knows we have 3:30 commendations related to [speaker not understood]. women's history month. if we can go to roll call for introductions. >> supervisor mar, you are first on roll call for introductions. >> colleagues, thank you. i just have one item today.

i like a number of you have been supportive of safe routes to school in our city. but i'm introducing a resolution today to urge the city ask county to support assembly bill 794 authorized by [speaker not understood] assemblyman tom ammiano. it's hard to -- i keep calling him our school board member or our supervisor as well, but he's our assembly person from san francisco. thousands of children and their parents and guardians walk and bike to school every day. some walk all the way from home while others walk before or after using muni to get to school. but with so many schools close to high-speed and high traffic areas, these families are at risk of injury as they make their trip. the safe routes to schools program funds pedestrian safety improvements around schools to make it easier. the richmond district, my district, has many projects including the first 15 mile an hour zone around the school. peabody school on sixth and clement of which 100 have been

approved, other schools throughout the city since then. also, other richmond district projects have included [speaker not understood] caracases and new peabody, and new traffic light near elementary school. assembly bill authored by assemblyman ammiano solidify safe routes to school program updating the administrative structure and guarantees the program has at least $46 million in funding. this will allow us to keep making schools safe not just in san francisco, but also throughout the state. the rest i'll submit. thank you. >> thank you, supervisor mar. supervisor avalos. >> thank you, madam clerk. today i'm introducing a resolution for us to vote urging bart to allow bikes access to the bart trains, at least the front three trains moving forward in the future. currently bart is actually conducting a pilot program. it started yet, allowing bikes

on the first three trains during the morning commutes. right now heretofore, bikes have not been allowed on the morning commutes and we're really trying to make sure we are bringing up the bart system to meet the transit needs of people across the bay area. so, this will come before us. colleagues, i hope you can support it at the time. thanks. >> thank you, supervisor avalos. supervisor breed. >> thank you so much. i just wanted to -- i'm actually requesting a hearing. so, the chairman of the san francisco pedestrian safety advisory committee can update the board on critical pedestrian safety issues in the city ~ and the recent efforts of the committee to address them. pedestrian safety is really important to me, and with the number of accidents that have been listed throughout the city and also in district 5 in particular, it's important for us to have an update so that we can allocate the appropriate resource to addressing the

issue. the rest i'll submit. >> thank you, supervisor breed. supervisor campos. >> thank you, madam clerk. and i have a number of items today, and i'd like to begin by just providing some information for the benefit of my colleagues or anyone else who hasn't heard about this. as you know, i introduced a few weeks ago a proposal to add harvey milk's name to the san francisco international airport. as part of that process and discussion, one of the issues that has come up is the issue of how much it will cost to actually add harvey milk's name to the airport. we had heard from the san francisco airport that their estimate of how much it would be was 4.1 million, $4,100,000. we have asked the budget and

legislative analyst to conduct a separate and independent review with the idea that the more information we have about this item the better. and i'm going to talk a little about some of the findings by the budget and legislative analyst. first i want it remind my colleagues that any costs that we're talking about are costs that would come from the airport's revenue budget, not from the general fund. and unfortunately there is a very clear difference of opinion as to what the actual amount implicated is. the budget and legislative analyst -- and i want to thank him and his staff for the very detailed and thorough report that they have provided -- indicated that the 4.1 million budget that the airport is estimating is certainly not consistent with what they have found. and, in fact, they have found that baseline costs of adding harvey milk's name to the airport can be as little as

355,000. that many of the costs that are attributed to this effort are costs that would not be incurred by the airport, but, in fact, would be incurred by other government agencies like caltrans. unfortunately, in providing an estimate of how much caltrans would actually end up spending in this effort, should they be asked to change some of the signs that are involved, it was reported to the budget and legislative analyst that the airport, in fact, did not bother to ask caltrans for their perspective or their opinion on that matter. and, so, the cost of the estimate that is related to caltrans was as a result overestimated by $2.5 million or nearly 350% of the actual cost. the cost of changing highway signs, according to caltrans --

you'll hear it from the horse's mouth -- would only be $20,000 per sign, which is actually six times lower than the $120,000 per sign that was estimated by the airport. as we noted from the very beginning, we as a city have a lot of control over what signs are actually changed in this effort, and our objective, our goal has always been to minimize the cost and our goal and objective here is to make sure the cost is no more than 500,000, which is consistent with the report that was provided by the budget and legislative analyst. but we believe that there are many reasons why harvey milk's name should be added to the airport. but i think that at the end of the day, the issue of cost when it comes to this issue is truly a red herring. and i would hope that, that whatever you think about the issue, whatever you think about the idea, that this issue of cost does not get in the way. the reality is that given the

amount of money that we're actually talking about and the numbers speak for themselves, if there are reasons to support or oppose, they should be disconnected from that issue because we have a great deal of control and we have the ability to minimize the costs. i think it's unfortunate that when a projection is given by a city agency, that that projection is actually not grounded or founded on an actual numbers given to them. my hope is that something like that, you know, will not happen again. the reality is that the facts should speak for themselves, and we are grateful to the budget and legislative analyst for actually giving us the actual numbers that are implicated here. the second point that i want to talk about, the second issue is an issue that is very important to my district, and it's actually an event that is one of the most important events that the city and county of san francisco has, and that is carnival, which is about to happen in about ten weeks from

today. there had been a number of reports that point to some financial issues with the entity that is currently running carnival, and i want to thank the mayor's office and specifically joaquin torres, but the mayor's office who has been working with my office, so that we as a city ensure that this event goes forward. and i want to make it very clear that the city and county of san francisco is doing everything we can to make sure that this event continues to happen, notwithstanding some of the issues around the financial problems faced by this entity that has been running carnival to the last few years. we are also grateful to the controller's office, to ben rosenfield and his staff, because they are providing technical assistance, reviewing information to make sure that we have a better sense of what it takes to put on a successful program. not only a successful program for this coming year, 10 weeks from now, but also a successful

program going forward. carnival has been an institution in the mission and the city for many, many years. it's something that reflects the culture and the richness as the latin culture in particular, and it's something that we want to preserve. and i again want to thank the mayor's office for working with my office on this very, very important matter. the last item that i have is an item that i would be introducing today, is a piece of legislation that is a very important piece of legislation that we have been working on for actually quite sometime. and i want to begin by thanking stephanie ashley from my office, who has been staffing me on this and has done a tremendous job in putting this complicated piece of legislation together, as well as hillary rhone an, who worked on this prior to stephanie's arrival. i also want to thank my colleagues who have signed on

as co-sponsors of this legislation, supervisor avalos, supervisor kim, supervisor mar, supervisor wiener, supervisor cohen, supervisor breed, and president chiu. i think that the fact that eight of the nine members of this board who are here today are supporting this legislation will send a very clear message of where the board of supervisors is in term of protecting the right of women to choose for themselves what to do with their bodies. i'd like to provide some context for this legislation. in 1993, dr. david dunn was actually shot and killed on his way to work at the pensacola women's medical serve is he clinic. that shooting occurred in the midst of an anti-abortion protest that was aimed at the patients and staff of that clinic. that same year dr. george tiller who was serving as the medical director of women's health care services was shot in both arms by an anti-[speaker not understood] protester. dr. tiller went on to survive that shooting but only to be shot and killed 16 years later

by another anti-choice activist. ~ that same year the san francisco board of supervisors enacted the access to health care facilities ordinance which was an effort to ensure that the men, women, and families that walk through the doors of any reproductive health care facility are safe from threats, violence, intimidation, and harassment. it has been 20 years since these incidents took place. and while much has happened, sadly, not enough has actually changed. last year we saw the bombing of two reproductive health care facilities and a third that was burnt to the ground. the national war on women is reaching the boiling point. and here in san francisco, unfortunately in my district, we have been dealing with this issue for more than a year. patients of the planned parenthood clinic have been intimidated.

they have been harassed. they have been screamed at and videotaped as they try to access the services of this clinic. the neighborhood has been shocked by the level of harassment that we have seen. and over the past year, from the moment that we first heard of these incidents, we focused on making sure that we began implementation of the loss that is in place. my office has worked closely with planned parenthood as well as our police department, our city attorney's office, and other city agencies, including the department of public works to figure out a way to properly implement the laws that we have in place to protect the rights of the people involved. we have, as we noted, a bubble ordinance that has been imposed for quite sometime, and we enacted as a board last year a white zone ordinance which we offer to provide additional protections. unfortunately the laws that we've had in