[ gavel ] >> good afternoon to the san francisco board of supervisors meeting of tuesday, may 7th, 2013. madame clerk could you please call the roll?

>> supervisor avalos present, supervisor breed present, supervisor chiu present r. supervisor cohen present. supervisor farrell present. supervisor kim, kim present. supervisor mar? mar present. supervisor tang, tang present, supervisor wiener, wiener present, supervisor eyre, yee present. all members are present. >> thank you, ladies and gentlemen could you 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 some meeting

minutes from our march 26th and airplane 2, without objection those meeting minutes are approved. madame clerk, are there any communications. >> no communications. >> if you could read our consent agenda >> items 1-10 are considered routine if i member objects an item can be removed and considered separately. >> colleagues would anyone like to sever an item? >> supervisor campos? >> item 8. >> roll call on items 1-10 sketfor athlete. >> campos aye. >> supervisor chiu? >> aye. >> chiu aye. >> supervisor cohen. >> cohen aye. >> supervisor farrell. >> aye. >> supervisor kim. >> aye. >> supervisor mar. >> mar aye. >> supervisor tang? >> aye. >> tang, a. >> supervisor wiener. >> aye. >> supervisor eyree?

yee? >> aye. >> supervisor breed? >> aye. >> the motion is approved. >> } item 18 an ordinance authorizing sexual harassment a lawsuit filed by ctia against the city and county of san francisco filed on july 23, 2010 in the united states district court northern district of california entitle identified the ctia, the wireless association v. the city and county of san francisco. >> supervisor >> avalos. >> thank you, president chiu. colleagues i will not be supporting the settlement and i i believe that the rules was around free speech rights and the city's neat to prove without a shadow of a doubt, cell phones being harmful to people's health, as well as the fcc ruling that that happened to be the case as well. i can't support the settlement

based on a ruling that i believe was way too extreme and so therefore, i will be voting no. >> supervisor campos. >> thank you, mr. president. i certainly share the comments by supervisor avalos. i am completely opposed to what the 9th circuit has ruled here. with that said, the unfortunate thing is that the ruling by the 9th circuit from a legal standpoint i don't know that we have any ability to really alter the outcome. i am for pushing the envelope on something as important as this, but i think that the legal reality is such that if we do not approve this settlement, that we're talking about having to pay half a million dollars in legal fees,

and it's a very tough situation, but the last thing that i want is to have the general fund give half a million dollars to lawyers in this case. so i will reluctantly be supporting the settlement. thank you. >> thank you, it colleagues any additional discussion? with that, why don't we take a roll call vote. >> on item 8 supervisor campos? >> aye. >> campos aye. >> supervisor chiu. >> aye. >> chiu aye. >> supervisor cohen. >> cohen aye. >> supervisor farrell. >> farrell aye. >> supervisor kim. >> kim aye. >> supervisor mar? >> aye. >> mar aye. >> supervisor tang? >> tang aye. >> supervisor yee? >> aye. >> supervisor avalos. >> no. >> supervisor breed? >> aye. >> breed aye. there are 10 ayes, one no. >> the ordinance spased on first reading. colleagues why don't we move to

our regular agenda, item 11. >> item 11 is an ordinance waiving the as-need contract modification not-to-exceed amount requirement under administrative code 6.64 and authorizing the director of public works to amend services agreement well tom eliot fisch/knapp architects joint venture for the limited purpose of completing the design and engineering for the bayview opera house project for the period of september 2 2010 through september 1 2015. >> on item 11 supervisor campos. >> kpaas aye. >> supervisor chiu. >> aye. >> supervisor cohen. >> cohen aye. >> supervisor farrell. >> aye. >> farrell aye. >> supervisor kim? >> aye. >> kim aye. >> supervisor mar. >> mar aye. >> supervisor tang? >> aye. >> tang aye. >> supervisor wiener? >> aye. >> wiener aye. >> supervisor yee? >> aye. >> supervisor avalos? >> aye. >> supervisor breed? >> breed aye.

>> there are 11 ayes. the ordinance is finally passed. madame clerk, could you call -- if you could call all right 12. >> item 12 is an ordinance recognizing small business month in may 2013, amending the planning and building codes to retroactively waive fees for the certain facade. >> s same house, same call. >> item 13 item 13 ordinance appropriating overtime. >> same house, same call. supervisor campos. >> thank you, mr. president, i do want to make a point. one of the reasons that we're able to have these discussions here at the board of supervisors is because of the introduction of an ordinance that supervisor farrell and i

introduced a few months back that no longer allows a department to spend or certain departments to spend above the budgeted amount for overtime without actually coming to the board for board approval. i think it's important to go through this process, so we can first know that, in fact, they are going above the budgeted amount, and more importantly, for the public to know that. one thing that i hope happens with the fire department because we have seen the numbers in overtime that they have spent continue to go up is that i do hope at some point there is a comprehensive strategy for dealing with [o-efplts/]. overtime. i am a strong supporter of our firefighters and i do not think it's fair to the firefighters in this city to require that they work so many hours. the fact is that any business that had the experience of this

department, where you can continue to incur substantial amounts of money in overtime that business will think about whether or not your staffing is appropriate. and it's something that we have itemed as an issue with the fire department before, but unfortunately, we're still seeing this problem without a resolution. i want to thank the budget committee for the changes to this proposal and for bringing out those issues. again there has to be action taken by the fire department here. the times that we have had that discussion with the fire department, they have said in the past that there are justifications for overtime, and that sometimes it's cheaper to spend overtime, but i think that clearly the numbers don't show that. and at some point is a disservice to our firefighters,

if we don't address that issue. >> supervisor farrell. >> thank you, president chiu and i want to echo the comments from supervisor campos and was obviously proud to sponsor that legislation together last year and will do good things going forward with our budget process. when it came to the budget committee and we dug into it and we have an unfortunate circumstance now where we have historically low levels of firefighters in our department, and it's not just overtime. but it's mandatory overtime, where people want to go home, but they are forced to stay on the job and it does speak to inadequate staffing levels and i think this is something that the fire department along with the mayor have addressed, but i will say thats as a body going into the budget season i hope that is something that we're willing to support. we have committed to police academied to get to full staffing levels, but i think it's equally important for the fire department to make sure that they have the resources to

go forward and incumbent upon us to allocate the resources so this doesn't happen again in the future. >> supervisor breed. >> thank you. i want to start by thanking my colleagues for their comments, thank you supervisors campos and farrell, having the opportunity on budget committee to really dig into an issue and figure out exactly how funds should be appropriated and reappropriated or deaproprietied in any city department is important, so that we can understand exactly how a department is spending money. so thank you for your leadership on that issue. with the fire department as a former commissioner of the fire department, when i started a couple of years ago, one of the things that i had to have asked of the department to look at a strategic plan because over a ten-year period there were no new academies and simultaneously record numbers

of folks that were retiring. in fact, in the 2011 over 80 people retired from the fire department that particular year. and my biggest concern is that we are letting all of that institutional knowledge walk out the door and although we have academy classs that are online, we need to do more, and we need more people in order to staff the department where it needs to be. especially because many people may look at the department and think, well, firefighters are making a whole lot of money in overtime, but again, i will repeat what my colleagues said. the fact of the matter is that these are people who are exhausted, and tired of doing overtime, which means that we are not doing our job as a city in bringing on more firefighters. and in addition to that, there is a list of over 4,000 qualified persons that are ready and capable to begin an

academy training class. and so we ought to move forward a lot more aggressively than we have, which is why i supported deappropriating the money and putting it back into the general fund and i think we should really seriously why using that along with additional revenues from the general fund to fund another academy class this year. so that we can begin the process a lot more aggressively to reach the staffing levels that we need at the fire department. so thank you to my colleagues for your support of this initital kinetic energy plus initial potential energy i.e. and thank you for the time. >> >> roll call for this item? >> (roll call vote) there

are eleven ayes . >> ordinance is passed on first read. >> item 14. item 14, ordinance authorizing the public utilities commission general manager to enter into a long-term interconnection agreement with pacific gas & electric to connect with a small renewable energy project, et cetera. >> colleagues can we do this, same house same call? without could bejection this ordinance is passed on first reading. item 15. >> item 15 resolution declaring the intent of the city and county of san francisco to reimburse certain expenditures from proceeds of future bonded indebtedness authorizing the director of mayor's officing of house to submit an application and related documents to the california debt limit allocation committee to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not

to exceed $25 million for western park apartments. >> colleagues, same house same call, this item is adopted. >> item 16 is an ordinance amending the subdivision code to adopt a condo conversion impact fee applicable to certain buildings that would be parented to convert during a six-year period and subject to specified requirements adding a new subject to allow for the suspense of the annual condo conversion lottery until 2024 and resume said lottery under specified circumstances tied to permanently affordable rental house production and restricting future condominium lotteris to buildings of no more than four units with occupied units three years prior to the lottery. >> supervisor farrell. >> first of all i want to thank both sides of the table on this debate, both from the tenant advocates, as well as the owners and their advocates. we have been undergoing some

pretty intense negotiations over the last few weeks and continued through last week. think we're getting a lot closer and cautiously optimistic that we'll have at least some measure of compromise on a number of issues key to this legislation. unfortunately we didn't have amends ready for today, neither side did and i will just emphasize again we're working truly in good faith together and i appreciate the dialogue going on both inside our negotiating sessions, as well as outside and all should be commended for that. whatever amendments that will be introduced will be substantive and need to be heard and to introduce these amendments hopefully next week. that is the goal. i also want to thank president chiu, as well as supervisor yee's office. i know president chiu wants to say a few words and we'll send

it back to committee for monday the 13th. >> president chiu. >> i want to second the motion by supervisor farrell and echo his thanks to everyone who has been involved. when i proposed to supervisor farrell that the two sides that have been grappling over this year for years sit down, i have to say i didn't have a sense where that conversation was going to go, but i wanted to thank the parties involved, our colleagues supervisor yee for working with my office and thank from the tenant community the san francisco tenants union, chinatown community development center, tenderloin housing clinic, the council of community and aor affordable housing alliance and representing are owners thank plan c, the small property owners and san francisco realtors and as i said before, happy to support supervisor farrell and the motion to send this back to committee, so we do have some additional time to

make, hopefully, what will be a final set of amendments to the legislation. just to take a moment to talk about where we are, because i flow this is know this is the first time this item has been in front of the board to address the flight of tic owners in the current condo conversion session and protect san francisco renters. and hopefully ask our colleagues to support this [hrao-eupblgts/]ion legislation in the final stretch. >> thank you, president chiu, madame clerk, can we take the motion to refer back to committee, same house, same call. >> that would be without objection, mr. chair. >> thank you. ? >> madame clerk, call item 17. >> item 17 is an ordinance amending the police code regarding access to

reproductive health care facilities. >> supervisor campos. >> thank you very much mr. president. i would like to begin by thanking my colleagues who are co-sponsoring this item with me today, supervisors cohen, kim, avalos, wiener, mar, breed chiu and tang. we have had a hearing on this item, and one of the thing has there i want to highlight is the courage of all of the women who have come out to testify to talk about their own experiences and fears as they were trying to access health care at this clinic here in san francisco. i also want to acknowledge the courage of the workers at planned parenthood who on a daily basis for more than a year now have been dealing with a very