know in any situation we can get through it because we are san franciscans. my colleague president david chiu. >> good morning san franciscans. i can't believe you were here in 1906. i would like to welcome you. we know in 1906 this was ground zero. i want to thank all of you and want to thank our men and women in uniform from our fire department and police department who have sacrificed over the years and been part of our early response system. when the alarm woke me up this morning, i didn't know exactly

what was going on and i think that is appropriate because when the earthquake happens there is a great deal of confusion. unlike 1906, we are much better prepared. with that being said, i still have nightmares that at some point in the future we know there is a 2 in 3 probability that the great one is going to hit us in a few years . i have a grandmother that is not prepared, i have many family members who are not prepared. thank you for san francisco who is ready for the big one. mayor lee is going to be here shortly and he's going to sign a piece of legislation that supervisor wiener and i worked on to make sure the three story soft story buildings that have people

living and working in them get repaired. i want to thank many of you and our officials who worked with us to get that done and with that, let me turn it over to my tallest colleague supervisor scott wiener representing the castro valley and great areas. thanks for being here. >> thank you. in this city we know how to get things done. this is one more example. we are going to be ready for the next one and we are going to rebuild from that one as well. i know we are going to be able to get it done and it's great that we do this every year and i want to say how proud i am that we were able to get this soft story legislation done. earthquake preparedness is never easy, it's always

controversial, but we did it. thanks, everyone. [ applause ] >> before we bring our mayor up, a quick word from the department of emergency services. a hand for --an. >> thank you, good morning for coming. the entire government and city of san francisco is summed up in one word and we showed it this morning. resilience. we were resilience in 1906 and in 1989 and we will be resilient the next time. we love san francisco. we are ready and prepared. each one of you have to be prepared at home and at work. look at how flexible we were. look at what

resilience is all about. thanks for coming. >> [ applause ] . >> san francisco is lucky to have two native born san franciscans from our fire department. welcome joanne. [ applause ] >> good morning, everyone. thank you. thanks for coming out. this is a great crowd as we commemorate and celebrate 107. i'm proud to be serving as your fire chief. we have many here that have shown up from the fire department. on behalf of the fire department we are proud of the city and the city's resilience and today is a perfect opportunity to remind everybody the importance and particularly the mayor who truly gets it, the importance of preparedness and helping each other ouand knowing

everyone's emergency plan and having plans for your family if you are not together and for your pets and we are also grateful to have three of the members of the board of supervisors. i think that maybe a record. thank you. they work hard. president chiu, supervisor wiener and our former fire commissioner london breed. a big shout out to the murphy family. [ applause ] we have the murphy family and the morris family. mike morris is going to be retiring after 37 years. he's our chief at the airport. this is what history is about and never forgetting that history and remembering that morning in 1906 to come back and restoring our beautiful city. thank you very much. [ applause ] >> thank you very much, chief.

it shows we appreciate more than just irish people this morning. [ applause ] >> i appreciate everybody's patience this morning. the device is not dangerous. the bomb squad just forwarded. we'll be opening up market street shortly. you should give yourself a hand this morning. it just shows our resilience. we are not going to be denied our traditions. this is important to remember what happened. our level of preparedness even got better this morning. [ applause ] . i want to echo what the fire chief said. we continue to prepare all the time. we have a mayor who i know it's all about resiliency and getting back

where we were when and if and when it happens. with that, i'm going to give it over to bob to give it over to the big guy. >> all right. the mayor we have today, please welcome mayor ed lee. [ applause ] . >> good morning, everyone. i thought when bob said he was going to introduce more irish people he was going to introduce me. i'm so glad you are all here today. i was checking to see if everybody was here. i want to thank you. we are coming together on the 107th anniversary. it's a constant reminder. i'm so glad

to be working with everyone, the men and women from our department of safety and even today after we speak, we are signing in legislation that the entire board of supervisors and certainly shows with us this morning evidence that we continue to work hard to make sure our city is safe. soft story buildings is next up and we do a top off for the safety buildings for the bonds. we are on it. we are working, we are vigilant. this is the way we honor all of our survivors and the people we remind about the earthquake. thank you again for coming together on this great anniversary. great to see you again, everybody. >> i know emperor norton is hanging around. where is the up

give us a proclamation. [ applause ] >> they are somewhere around here. to remember this commemorative day, earthquake preparedness day. i invite you all to come after the painting of the fire. bloody mary. let's hear it for him. >> it's right now time to turn it to mayor lee. he's going to sign the soft story legislation. we are going to

sign that. >> board of supervisors in a unanimous vote led of course by our president chiu and skont wiener and and our engineer, we are all on this. mandatory soft story building ordinance certainly will make our soft story buildings have a backbone that will stand firm against any earthquake shaking and this is what we've learned through many years of study since not only 1906 but 1989 loma prieta and i sign this for not only for the things we have to do, but we have over 200 projects that are under way because the voters know we have to do a lot more preparation and l glad

the board has hearings. this ordinance also takes care of tenants who feel that maybe the cost might hurt them and we have devised a plan that will assist them that needed some economic help. average building will spend about $60-130,000. everybody has been involved to preserve our housing stock. if there is a seismic event because of this ordinance and implementation they will stay in our city and make sure they survive and not be hurt by a soft story building structure. with that, are we ready to sign? all right. let's get it done. >> there we go. [ applause ] .

thank you. >> on december 28, 1912, san francisco mayor stared into a sea of 60,000 of constituents that gathered at geary. the berth of the first publicly owned transit system in the city, the san francisco municipal railway.

>> welcome to the san francisco board of supervisor meeting of tuesday, may the 14th, 2013. madam clerk, could you call the roll? >> supervisor avalos, avalos present. breed present, campos present, chew present, supervisor cohen present, mar present, tang present, wiener present, yee present. mr. president, all members are present. ladies and gentlemen, could you please join us in the pledge of allegiance? could i

madam clerk, are will any communications. >> i have no communications. >> if you could read or consent agenda. >> these items are considered routine unless a member on thes. >> would anyone like to sever any of these items. seeing none, roll call vote. >> chew i, cohen i, farrell i, kim i, supervisor mar i, tang

i, wiener i, yee i, avalos i, breed i, campos i. there is 11 i's. >> those ordinances are passed and approved. >> item six is an ordinance recognizing small business month in may 2013 amending the planning and building codes to waive fees for the month of may for improvements /-fpt . . >> this ordinance is finally passed. >> this is an ordinance authorizing the settlement of a lawsuit -- the wireless association versus is city and county of san francisco. >> roll call vote. >> chew i, cohen i, farrell mar

yee i, avalos no, breed i, campos i. there are ten i's, one no. a: /ord >> ordinance is passed. >> purr >> any discussion? roll call vote on this item. >> chew i; cohen i, kim i, mar

i, tang i, wiener i, yee i, avalos i, breed i, campos i. there are 11 i's. >> this ordinance is passed next item. >> this is a /orbd /tphapblgs regarding the health code to raise patient rates charged for mental health services. >> this is passed on first reading. >> item ten, award in 71 thousand in salaries and reappropriating 71 to overtime in the public utilities communication division to support the department's projected increases in overtime pursuant to 9.113. >> why don't you call 11, 12

and 13 which have to do with similar /ord /tphapblgs. ordinance. >> and approximately 42 million in capital improvement program projects. item 12 is an ordinance reappropriating for overtime and pursuant to section 9.113 the chart /-r -- this item -- number 12 is sub to [inaudible] 16 million in existing waste water capitol improvement budgets adopted by the public utilities commission. >> supervisor farrell. >> thank you president chew. i'm happy to answer any questions. these items came throug finance committee

last week, but item number 11 -- we need to continue this. so if we can it out. so however we want to do that procedurely but i can make that /phoebgs motion and continue to june 18 meeting. >> let's take item 11 and continue that item to june 18. is there a second to that? second by supervisor mar. can we continue without objection. without objection shall be the case. can we do the same with 12 and 13? that shall be the case. item 14. >> this is to valued at 250,000 from the open society foundation for the grant period

of january 1, 2013 to june 30, 2015. >> this resolution is adopted. >> this is to accept a gift of design services and furniture valued at approximately 26 thousand from various donors. >> super /sraoeutz supervisor avalos. >> i feel very uncomfortable about being in the position of approving to accept and expand [inaudible] when i feel that there's been advice that our city attorney has provided to our district attorney and the district attorney has not followed. the district attorney said he's got

conflicting advice and i understand that's what he feels is important to him, but i don't feel comfortable supporting this without the district attorney fulfilling both advice from the state and the city attorney as well. that's how i feel most appropriate voting on this measure and just want to let you know that, colleagues.

>> at 500 dollar maximum so i'm curious if a way around that set of rules is that, for example, if the board of supervisors set up a furniture account that was administered by a third-party that any set of entities could do nate to that account. i'll give these examples today 'cause these are some of the ordinances for leases in front of us today so clear channel could finance 5000 dollars, millennium could donate 5000 dollars. is that

something that's allowed within kind of our local gift rules. by state law, this is fine, but what about local rules. >> a couple of responses to your question, supervisor. there are a number of different disclosure requirements under both state and local law that apply when a department receives a gift. local law, the sunshine ordinance requires that the department post a report about the gift on its website. the department has to produce a report to the board every summer that will come due in first week of july. state law requires that if the department receives a gift and that gift bestows a personal benefit upon an officer or employof the either a personal

to the employee that receives a benefit, or the department can file a public report stating that it received a gift, that that individual received a personal benefit of the gift and that another person in the department decide who had would receive the personal benefit of the gift. that's a state law requirement. an example of that is if the city attorney's office received 500 dollars to send someone to a conference and they decided to send me, we would file a report saying we resied the do nation, john got the benefit even though it's city business and then whoever made the decision to send him. the question that's been raised in the budget committee discussions, and i think this is raised to your point, is

whether furniture used in a particular person's office e fair protocol practices . commission, which is the agency that oversees these laws, has issued written advice in the past including advice to the mayor of san francisco indicating that when a gift is given to an office that supports -- say in our case the mayor's car used for city business -- the city car that the mayor uses, or when a gift of art work is given to a community college and then placed in the college president's office. even though those are gifts that are used for city business and go

to city property, those bestow a personal benefit on the mayor who is driven around in a car or in the college president in which the art work sits. based on that advice our decision is that when the city receives interior design services that is used for a particular person's office, the gift is either a gift to the individual particular person whose office was redesigned, or should be reported on the form 801 consistent with state law. in response to your question about what the board could do -- the board could create a fund that individuals or third-parties donate into and a non board member would be designated to decide how that money is spent,

whose offices will be furnished. if there's ten thousand dollars in the funds and the clerk decides that 1000 dollars will be spent on a new desk in supervisor kim's office, then kim benefitted from it and avalos decided who would benefit. so that's a very long answer to your question. you also mentioned the ftcp letter that was circulated this week. a member of the public filed a complaint with the ftpc against the district attorney. the ftpc indicated they will not pursue that complaint. our advice will continue to be that you

must either file the 801 or treat the gift something to you personally because the ftpc has decided not to pursue any enforcement action against the district attorney in this case, the letter is not the type of published advice letter on which we rely from the ft bepc usually in getting advice. >> can we pass this acceptance of gifts based contingent upon the submittal of the form 801? >> the decision whether to pass the resolution or not is a policy decision for the board and you can take that into account. the fact that you can decide for any reason that's

been discussed to support or oppose the resolution. >> could we amend the resolution to say the passage of this resolution is contingent upon the receipt of the form 801? >> you could. i think that may leave a bit of uncertainty about when the district attorney's office has been authorized to accept the gift. if you do make the resolution contingent you might want to put a timeframe on it such that the resolution is approving the department's acceptance of the gift, if the form 801 is filed with an x number of days, and if no form 801 has been submitted to the clerk for inclusion by that time, the

gift is not accepted. it's kinda funky and i /tkpwelsz guess i would recommend that if you're inclined to go in that direction, that you continue in that. >> overall i imagine that our district attorney wasn't intending to do anything that was unethical and i understand the need for furniture, either in your own office or in a portion of your office -- say the domestic violence unit. i think it's great he was able to find other resources to pay for that outside city dollars. it's been my understanding for my office that if i'm able to solicit funds for my furniture, that i am limited by our gift laws or by my cam