[ 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 e dialogue

goinboth inside our negotiating sessions, as well as outside and all 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 difficult situation. as was demonstrated during that hearing, the current laws that we have in place, and specifically the bubble ordinance, the white zone ordinance, do not do enough to protect the people, the women that want to access health care at this clinic. we have had a situation where a

number of individuals, have stepped over the line, and crossed the line of not just expressing their views, but actually harassing, intimidating women who are expressing their rights. the clear guidelines established by the federal courts, that have made this clear that a buffer zone along the lines of what we're proposeding is a content-neutral and valid time, place and manner regulation that strikes the right balance between protecting the right of individuals to engage in free speech as they will continue to be allowed to do so once this ordinance goes into place, but also protecting the right of women in these stand-alone clinicks to access health care. san francisco has always been a leader when it comes to the protection of individual rights

and the right to access health care in these stand-alone clinics cannot be protected in san francisco, then where can it be protected? at the end of the day what we're talking about is the right of each woman to decide for themselves what to do with their bodies and while i know that some people have their own perspectives of what that choice should be, our constitution is clear as interpreted by our counts that it's up to every individual woman to make that decision for herself that. is what this slaw ultimately b. i want to thank my co-sponsors and look forward to this law being passed unanimously at the board of supervisors and i look forward to the mayor signing this ordinance into law. i think it's the right thing to do in san francisco. too many jurisdictions in this country have eroded the right of women to choose and the right of women to have access to health care. it is time that san francisco does the right thing and sets a new trend for the rest of the

country. i also want to thank my staff, stephany ashley, hilary rowan and members of the city attorney's office, who have worked with us on this item. we're very proud of this today and our thanks to all of the women who have come to share their storis with us. and i respectfully ask for your support today. >> colleagues any further discussion? roll call vote on this item. >> on item 17 sfs campos? >> aye. >> campos aye. >> supervisor chiu. >> aye. >> supervisor cohen. >> cohen aye. >> supervisor farrell. >> farrell aye. >> supervisor kim? >> kim aye. >> >> supervisor mar. >> mar aye. >> sfs tang. >> tang aye. >> supervisor wiener. >> wiener aye. >> supervisor yee. >> yee aye. >> supervisor avalos. >> aye. >> supervisor breed. >> aye >> eleven ayes. >> this ordinance is passed on

first reading item 18. >> item 18, motion appointmenting deborah muise and raija freeman to the shelter monitoring committee. >> same house, same call. >> i would like to first recognize our district 10 colleague supervisor cohen. >> thank you, >> thank you mr. president. i am not sure is judge nunneley in the chambers? sir, why don't you come to the podium and let me shower you with praise. for those who don't know, this gentleman is judge troy nunneley and if i may to take a moment to share how proud i am and excited to hear that the senate confirmed the judge to serve as district court judge for the eastern district of california. now judge nunneley brings with

him a wealth of jiedial experience to the bench. not long before he was nomnated by our president obama last june he spent time as a child in the bayview-hunters point of san francisco, which is why we come to bring him today to honor him, because of the shining example of a person that has risen above his means at the beginning part of his life. i would like to take an opportunity not to just honor our superstar athletes, but honor our intelligencia. i want to present to you his background. end iting bay area areas receiving ba from st. mary's college and professional experience very impressive and includes time as deputy district attorney in sacramento, as well as alameda county in private practice a deputy attorney general in the california attorney general's office and more recently a judge in francisco

superior court of california. he if you knows at lincoln law school in sacramento and also as i said judge nunneley was confirmed by senate march 23, 2013. now i don't know if you know of any judges that has a stellar background such as this gentleman, but this is just an opportunity for us to come together as a san francisco community and honor one of our owner as a native san franciscan. it's a blessing to be here to present this honor with you i have a small token of our appreciation, a certificate of appreciation; if you would say a few words. >> remember i was an attorney, so i could speak forever. i want to thank supervisor cohen and her staff for their

hospitality and thank senator feinstein for having the confidence to reach out to me while i was on the san francisco superior court and put me through the process of becoming a federal judge and if you care to see what that process is like, 112th congress into the 113th congress, take a few months and watch the judiciary website to see what i went through to get to that process. i am very fortunate in the sense that i have my mother, my wife, and each individual has been very important in my life and also served as role-models in my support system throughout my career. i grew up in district 10. supervisor cohen's district. we grew up all around that

district and i grew up in the bayview-hunters point and i hung out at the boys club as a kid and i went to school in district 5, sacred hearts school and hastings law school, which is right down the block. so i am a native san franciscan and i think my appointment is really a testament to single mothers. my mother raised four of us in the hunters pointed housing project on her own without any support from my father and at this time i would like to commend not only my mother, but other signal mothers who go through similar circumstances. we have a number of those mothers and i would like to commend those parents who acfise

sacrificed. thank you for the honor and it's really nice to come home. i live in sacramento. i long for san francisco and we went to the beach and it's 80 degrees. i was here at the 9th circuit court court of appeals and thank you for taking your time to honor me and thank you very much. >> thank you. [ applause ]

>> thank you very much, supervisor cohen. our next commendation, actually i think we have two that will be provided by our district 5 colleague, supervisor london breed >> thank you. i want to ask sheryl davis to come up. [ applause ] she has folks from the magic zone with her here. you know, it's really an honor to stand before the san francisco board of supervisors, and honor somebody who i have the highest respect for. it