>> sfgtv >>

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

march 26, 2013. madam please call the roll. >> supervisor campos, present, chiu is present, cohen present, supervisor ferrel, present, supervisor kim, kim present, mar absent. tang present, wiener present, supervisor yee, present. mr. president you have a quorum. >> thank you, ladies and gentlemen, please join us for the pledge of allegiance. madam clerk do we have any communications? >> there are no communication, president. >> read the agenda?

>> these are considered routine however in a member objects they are considered separately. >> would anyone like to sever any of these items? >> supervisor tang, aye, supervisor wiener? aye, campos aye, cohen aye, supervisor mar, mar absent. there are 10 ayes. >> resolution is adopted. >> and with that why don't we go to item no. 10. >> item 10 is an ordinance

amended the planning and administrative codes and zoning maps making miscellaneous codes and corrections. >> colleagues, any discussion? can we take this item same call. it passed. >> next item? >> to prove acception and requirement for a $2 million loan for an affordable housing project at 1091 market street. the house has just changed. let's do a roll call. >> supervisor tang, supervisor wiener, supervisor yee, supervisor avalos, supervisor

breed, supervisor choou, cohen, kim, supervisor mar, there are 11 ayes. >> the ordinance passed. >> item no. 12. >> miscellaneous variance to same section. >> can we take the same call? without objection this is passed. >> the appointment of murphy term. >> supervisor avalos? >> thank you, president chiu. i don't necessarily speak out against appointments. i know the mayor has a lot of leeway to appoint commissions. i have a reason why i want to appoint mr. murphy. i know he has made many contributions to our city

as a contractor and developer and also made great contributions in terms of housing in the city. i'm really concerned about the appearance of really not following the rules that all of us expect to a contractor to follow over the years. as president of the dbi commission of the past, would you expect that mr. murphy would make sure he could follow the proper procedures along his permits. apparently there are instances that it shows where he has not. he had a house on 26th street, 3418, 26th street, he bought a single story home and in 2004, the house was demolished without a permit. that gives the appearance of that he's been getting special

consideration within the department of building inspection. there is also another pattern of this happening as well. most recently last year in december, mr. murphy began building a 5-story condominium at the same address apparently without proper permits. he did not apply for proper permits until the chronicle came out with a story about it. also the construction cost were $1.1 million which were actually $1.7 million. he is getting about a $36,000 cut. i believe we are putting people in positions of authority that over see how we do our development and whether it's on the port or the department of building inspection that we need people who are going to be following the rules and are going to believe in the letter

of the law and stand out as a great example of that. i do not believe murphy has done that. i believe he's getting special consideration because he's been raising money for campaigns in san francisco, whether as an independent, fundraiser for independent expenditures or directly for campaigns of elected officials. to me that does not mean we overlook what our responsibility is as board of supervisors that we make sure that we don't have apparent conflict of interest and gaining of our rules through our own personal benefit. i believe what we have here as an example that mr. murphy has been involved in shows that we would be remissed in the backstop of his appointment. i urge you to not pass this motion. we can have the mayor come back with

another person to look at our port and be on our port commission, one who i believe can stand up to scrutiny about how he or she has been able to represent the city in a way that understand our rules and abides by them. thank you. >> colleagues, is there further discussion? president chiu? >> thank you, colleagues, first of all i want to thank mr. murphy for his service to the city and has already been described he has contributed to our city. from my purpose we have not had any issues. there have been a number of

allegations regarding potentially inappropriate permit expediting as well as violation of campaign finances law and i have given the clouds of allegations we should not support the item in front of us today. if he is appointed i look forward to working with him, in particular around issues that impact my district and the neighborhoods and the northeast. but what i want to say is the neighborhoods that i represent have not felt that the port commission has been as responsive as it needs to be on all issues relating to the neighborhood. i asked before the appointment was moved forward today to consider pointing someone who is a bridge to our neighborhoods. i do hope we'll be able to see that from this particular

appointee and others. i will not be able to support that appointee today. >> i have known murphy for some time. i'm supporting him today because i know that he's genuine in a desire to be a public servant, to work with young people. he's had trials and tribulations in his life and my commitment to working with him in my community and investing in time and resources and providing opportunities for young people in particular. i know that that doesn't necessarily mean that he should be able to serve on the port commission specifically, but i do think he has the clearly a

successful business, clearly there are with planning and not just his company has experienced some of those challenges with working with the department and i think unfortunately we all make mistakes every now and then. the fact that he took responsibility for his mistake and is prepared to serve in this capacity, i think is something that i'm willing to do as a result of my personal experience of working with him in the community, his involvement when there was not necessarily anything i could have done for him as someone who is not on the board of supervisors but someone running a non-profit in the community and i will definitely support him today and because of the compassion that he's demonstrated with working in my community, i think he'll bring

the same compassion to the port and i hope it's open to the folks of the western district community. thank you. >> supervisor cohen? >> thank you very much, mr. president. i would like to say what happened in the rules committee. i was surprised there's not one person who came to voice their opposition in the appointment of mel murphy nor anyone in the hearing indicated they were interested in seeing mr. murphy continue. it's very interest public process. now we are here at the full board and we have a couple e-mails in the past week of handful of constituents that i not support mr. murphy. for the allegations, to the best of my knowledge, the rules committee

found there was not any legal standing and just allegations. i also want to a test to the character of mr. mel murphy and my experience and anytime i spend as a member on the board of supervisors. i was not a candidate endorsed by mr. murphy. but he spent a particular amount of time contributing in a very private and helpful way much like supervisor breed was talking about supporting the african american complex. he was helpful when no one was looking and that's a measure of one's true character. when there is no any direct benefit or relationship. i was never in a position to extend any kind of

favor to him. i wanted to give voice to that particular important point. thank you, mr. president. >> supervisor campos? >> thank you, mr. president. i do want to begin by acknowledging mr. murphy's interest in serving the city. i have always respected the fact that people want to take the opportunity to volunteer in these kinds of capacities and i'm also very aware of his contributions and his service indifferent ways as a private individuals throughout the city i think is admirable. i have been open to this appointment, his nomination in a way that we try to be open anytime a mayor nominates or -- a points someone. i appreciate his service to the city. i do think for me, the totality of the facts and some of the concerns

that have been raised by articles in the chronicle, the weekly, do raise questions for me and i'm not sure what the answers are and at the end of the day you get people with a benefit of the doubt but i think taken into totality of what is needed at the port at this point including the point that president chiu made about the connection to that side of town and into that neighborhood, i'm afraid that today i'm not going to be able to support this nomination. again i thank mr. murphy for wanting to come forward and i respect that, but, i will not be in a position to do that today. thank you. >> supervisor ferrel? >> thank you, president chiu. i wasn't planning on speaking but in hearing some of my colleagues comment, i understand there have been some past issues but as was pointed

out, none of us is perfect. i think we are lucky to have mr. murphy serve in our city. he has done before in a great capacity and is a leader in our community and certainly involved with our locals and other communities as well. he's a great family man and has an incredible wife and daughter. and this is exactly to me the type of person we would want to have serve on our city government. we know port commission has a lot of issues coming up. i think we can give lip service to the mayor's difference, but i will fully support mr. murphy today. >> colleagues, any additional comments? let's take a vote. >> supervisor wiener, avalos,

no, breed aye, campos no, supervisor chiu, no, supervisor cohen aye, ferrel aye, supervisor kim aye, supervisor mar? no. 7 ayes, 4 nos. >> the motion is approved. >> item 14. >> designating 320-236 a landmark and environmental findings. >> roll call vote. >> supervisor tang, wiener aye, avalos aye, supervisor breed? aye s supervisor campos aye, chiu aye, ferrel aye, kim aye,

mar aye. there are 11 ayes. >> next item. >> a business to professional use, on the floor orably in in a san francisco district. >> this was a very small issue with the unique property with the commercial district. the controls in place were making it difficult because of the way it was zoned. this is very simple in a nutshell allowed from a business to professional service to medical services provided there is no residential use. my office work with the merchants, the local neighborhood group and the planning department to come one this consensus legislation passed unanimously at the small business commission and would ask for your support.

>> supervisor tang? >> okay. with that colleagues, can we take the same house call? motion passes. >> supervisor avalos has one accommodation. let's go to item 16. >> the development committee at a regular meeting march 25th, it was recommended and amended. it's an ordinance amended the planning code of the inclusionary affordable house is programs and making corrections. >> first i want to thank the mayor's of housing for being in discussion. i how to we had a week to discuss some of the aspects of some of the changes in the planning code most of which i'm very supportive up. i

know we have one issue in our city where bmr components are used as home ownership units and they are in a very difficult place because they can't afford to buy the unit at a higher ami and the housing market is very tight right now to find other housing throughout the city. this is an allowing housing if sold to be offered to the tenant with a right of refusal and sold at the ami. i have a question and i know it's been difficult with the morning schedule. my question was specifically around tenants who are seniors or with physical disabilities. it was mentioned additional relotion cost that would be benefited to then and i was curious, i know this is within the rent ordinance would this fly buildings built after 1979?

>> yes. i was with the mayor's office with housing. what we do with our procedures manual and would specify that tenants where they are converting to ownership units, they would be able to purchase at the rent income level should they not be able or wish to purchase that unit, they will be granted 6 months to relocate or at the remaining term of their lease as well as have access to relocation expenses per standards established by the rent ordinance. this would apply to buildings built after 1979. we are just referencing that as a standard and to our procedures. so the increase and relocation amount that is specified under the rent ordinance for seniors and

disabilities would apply in these cases. >> thank you, that was the answer to my question. i do appreciate these chaeks changes and i know that some of the changes brought in were so much of part of the agreement that took place as a part of proposition c of affordable housing trust fund agreement and we had inadvertently left out changes we made to buildings that are 5-9 units and the requirement inclusion was applicable to that zone but this is clean up language for that and just expressing my support for that. thank you. >> thank you colleagues, any additional discussion? >> can we do this item same house same call? without objection this ordinance is passed on the first read. why

don't we go to our 2:30 accommodations. supervisor avalos? >> thank you, president chiu. i'm here to honor a very special person in district 11 and the community and pastor skylar roads. mr. roads has served as the pastor of the temple united methodist church in my neighborhood for the past 13 years and more than just taking care of a church and the congregation he's been able to provide a wonderful service. i'm hoed