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>> good afternoon everyone. welcome to the san francisco board of supervisors' meeting of february 3rd, 2015. madame clerk, can you please call the roll. >> thank you, madame president. supervisor avalos. >> avalos present. supervisor breed. >> breed present. >> supervisor campos.

>> campos present. >> supervisor christensen. >> present. >> >> supervisor koehn. cohen present. >> supervisor mar present. >> supervisor farrell present. >> supervisor tang not present. supervisor wiener present. >> supervisor yee, yee present. madame president, you have a quorum. >> thank you, can you please join me and for 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. thank you, madame clerk are there any communications? >> there are no communications today, madame president. >> can you please read the consent agenda. >> items 1 through 7 comprise the consent calendar and these

item are considered routine unless a member objects. >> seeing none madame clerk can you call the roll. >> items 1 through 7. >> campos aye. >> supervisor christiansen. >> aye. >> supervisor cohen? >> aye. >> supervisor farrell? >> aye. >> supervisor kim? >> kim aye. >> supervisor mar? >> aye. >> mar, aye. >> supervisor tang absent. >> supervisor wiener? >> wiener aye. >> supervisor yee. >> aye. >> supervisor avalos? >> aye. >> supervisor breed? >> aye. >> ten ayes. >> can you please call item 8. >> item 8 is ordinance amending the public works code to modify certain requirements

for personal wireless service facility site permits, et cetera. >> this item is finally passed. >> item 9 ordinance to amend the planning code to define homeless shelter and to establish zoning, open space, parking police officers for this use and to amend the administrative code to require operational standards and making the requisite findings. >> colleagues can we do this same house, same call? this ordinance is passed unanimously. [ gavel ] finally passed unanimously. madame clerk, can you please call the next item. >> item 10 is an ordinance to amend the administrative code to establish a children, youth and their families oversight and relative humidity committee and a service provider working group as provided in chapter section 16, 108-1. >> same house, same call. this item is passed unanimously. >> item 11 is a resolution to restaurant roe actively approve amendments to two agreement for long-term mental health

services for crestwood behavioral health services doing business as as condition yan manor for a total amount of approximately $113 million. >> colleagues, with que do the same house, same call? this resolution is adopted unanimously. madame clerk, can you call the next item. >> item 12 resolution to receipt roactively authorization the rec and park department to accept and expend a grant up of $500,000 from the san francisco park as license, et cetera. >> same house, same call, this item is adopted unanimously. >> next item. >> item 13, a resolution to retro actively authorizing the rec and park department to accept and expend a grant not to exceed $3.5 million grant from the randall museum friends, et cetera. >> same house, same call, this resolution is adopted unanimously. next item, please. >> item 14 resolution toss

authorize the public utilities commission general manager to enter into a customer-generation agreement with indefinite terms with the pacific gas & electric company for a solar power project at pier 1. >> colleagues, with que do this same house, same call? without objection this resolution is adopted unanimousingly. next item, please. >> item 15, resolution to authorize the property lease to raychris for property located at the no. 2 gough street also known as 86 otis street for the first and second floors to commence upon board proval for approximately monthly rent of $41,000 and authorizing city-funded tenant improvements for an estimated cost of $611,000. >> madame clerk the house has change, can you please call the roll. >> item 15, supervisor campos? >> aye. >> campos aye? >> instructor: supervisor christiansen. >> aye. >> supervisor cohen? >> cohen aye. >> supervisor farrell? >> aye. >> kim aye.

>> supervisor mar? >> mar aye. >> supervisor tang? >> aye. >> tang aye. >> supervisor wiener. >> aye. >> supervisor yee. >> >> yee aye. >> supervisor avalos. >> aye. >> supervisor breed ? >> a. >> there are eleven ayes. >> madame clerk can you please call the next item. item 15 is a resolution to approve an emergency public works by the public utilities commission at the potrero terrace located at 1099 connecticut street with an amount not to exceed $4 [#2r5-/],000 pursuant to the administrative code section 660 to replace the power enterpriseds space heating boiling and distribution pipes. >> without objection this resolution is adopted unanimously. madame clerk, you cans you please call the next item. >> item 17 is a resolution to authorize the general manager of the public utilities commission to execute a master license agreement for outdoor distributed antenna system pole installation between the city

and mobile light investments for a term of 12 years to commence following board proval. >> same house, same call. this resolution is adopted unanimously. next item, please >> item 18, resolution to retroactively authorize the department of emergency management on behalf of the city as the fiscal agent for the bay area urban area security insurance program to accept and expend an increase to the fiscal year 2014 uasi grant funds in the amount of $23 million. >> colleagues withwy do this same house, same call? without objection this resolution adopted unanimously. madame clerk, can you please call the net item. >> item 19,trousing retroactively authorize the department of environment to accept and expend an approximate $6.7 million grant from the california public utilities commission through the pacific gas & electric for the energy-efficiency program january 1,2015 through december

31 2015. >> colleagues, can we do this same house, same call? >> without objection this resolution adopted unanimously. madame clerk, please call net item. >> is >> item 20 is an ordinance ending the planning code to consolidate definitions and controls for auburnings, canopies and marquees into a single section, et cetera. >> thank you, supervisor wiener. >> thank you very much, madame president. this legislation really rationalizes and cleans up our approach to business signs in san francisco. the code was a little bit all over the place and there were some gigantic loop holds and this will help have a much better and more consistent

approach to business signs in our neighborhoods. there are times when signs and awnings can become fairly -- can become effectively blight in a neighborhood and are inconsistent with the character of the neighborhood and this will help make sure that business signs and awnings are consistent with neighborhood character. in addition, it will now permanently close a gigantic loophole in our billboard restrictions. you will recall that we previously passed interim controls to close the loophole that occurs when there is a certain type of business which they will pretend to put up a business sign, but it's effectively a billboard and we're closing that loophole to comply with the will of the voters. the voters have repeated stated

that they don't want billboards in san francisco and we don't want billboards masquerading as business signs this will permanently close that loophole. thank you. >> thank you, supervisor kim >> i want to thank supervisor wiener for his work on this issue. and just wanted to acknowledge, because i over the last couple of days, i have heard from a few of our constituents that are concerned about a particular portion of the code which amended at land use committee keeps signage that is in the c-30 district at 100'. which is currently what is in our planning code. i have heard just from two of our residents that they would like to sew this come down to 60'. i just wanted to because he wasn't tracking this issue over the last couple of months our

office is still exploring what the difference four storis would make in terms of beautification in the c-30 district. i currently don't have a position on it. i feel very comfortable passing it as the way it's currently within the planning code at 100' today and really examine what some of the neighborhood concerns are. as particular the transbay area turns into a mixed use neighborhood and not strictly a financial or business district, but one that includes residents as well. so we just want to understand the issue a little bit [pw-erbts/] and the issue particularly around cyclage around the park and transbay rooftop park i would want to carfully craft legislation, but at this time not seeing a huge difference in signage at 10 stories versus 6 stories i'm comfortable with what came out of planning commission and will be supporting this legislation today as-is. >> supervisor christiansen. >> only clarification i would

have is i'm presuming that signs that would be considered historic, for example in our district we have a lot of unique signage in chinatown, broadway area, old blade signs and that kind of thing. i'm presuming that most of those are code-compliant for their district, for their area. what sort of exemptions could allow historic signage to remain perhaps, when codes have changed? >> supervisor christiansen, i will allow the sponsor to respond to that. supervisor wiener. >> for that particular question, i don't think we have anyone from the planning department here. my understanding is that historic signs are exempt from the legislation. one thing that the legislation does do putting aside historic signs because we have signs and awnings that are pretty problematic when a building is

vacant for a certain period of time or longer, the no business would no longer be grandfathered. >> supervisor christiansen does that help address your concern? >> desirable signs in the process? >> this is the first reading, so at that time maybe we can resolve your issue and if necessary make amendments at that time. >> great. >> okay. seeing no other names on the roster, can we take the item same house, same call? without objection the item passes unanimously madame clerk next item. >> to establish a procedure for requesting a reasonable modification to accommodate a disability pursuant to planning

department practices and procedures to affirm the ceqa determination and establishing the appropriate findings. >> can we take this item same house same call without objection this ordinance -- excuse me, before i move on, supervisor wiener. >> thank you for item no. 21. colleagues, this legislation is part of the ongoing work around our updates to city's 2014 housing elements and specifically it prescribes a process for a person with a disability to apply for reasonable accommodations in the planning code. this is important to people with disabilities have full access to housing to make sure that people can age in place in their own homes and that people with mobility challenges or other disabilities have the same access to housing as everyone else. it will take the form of administrative variance and this is long overdue step to

make sure that everyone has access to housing in san francisco. >> thank you supervisor wiener. not seeing any another names on the roster, colleagues can we take item no. 21 same house, same call? without objection this ordinance spased on the first raiding. madame clerk, can please call the next item. >> item 22 is an ordinance to amend the planning code to consolidate definitions in addition, affirming the planning department's ceqa determination and establishing the appropriate findings. >> supervisor wiener. >> thank you, madame president. colleagues, as you know the planning code is probably the most amended portion of our city's municipal code with hundreds of pieces of legislation over the years addressing various issues and enabling new uses and restricting others. over the years with so many

amendments, inconsistencies errors and other flaws have inadvertently accumulated in the planning code. this updates article 2 of the planning code by reorganize, consolidating and making consistent hundreds of pages of the code. this was supported unanimously by the planning commission. the legislation does not make any substantive amendments to the code, but instead it makes it easier i think for everyone including members of the public to understand and use it. i want to especially thank aaron star from the planning department for his work on this incredibly massive task. it's not often that we have a 500-page ordinance that comes before us. i also want to thank the deputy city attorney who drafted it, as well as tom radulovich, who put in a lot of time supporting the planning department and the city attorney's efforts. we do have some technical amendments to these technical amendments that the city

attorney has suggested in terms of recent identification of technical issues that need to be resolved. so mr. givner. >> deputy city attorney john givner, we didn't make copies because it would have taken 6,000 pages to give them to you all. we're just making a few small changes so "formula retail" doesn't appear twice in the code and amending pages to make sure there is only one definition in the planning code of "formula retail." page 450, just a cross-reference and hopefully the legislation is now perfect. >> okay. >> madame president, i would move that we adopt the technical amendments as outlined by mr. givner. >> supervisor wiener has moved the adoption of the technical amendments as proposed by our

city attorney, seconded by supervisor yee, without objection the amendments are adopted unanimously. and on the underlying item no. 22 as amended, can we take this item same house, same call? without objection, this ordinance is passed on the first reading unanimously as amended. madame clerk, can you please call item no. 23. >> i. 23 is an ordinance to amend the general plan by amending policy 3.6 of the recreation and open space element to reflect adoption by reference. urban forest plan phase 1 street trees and affirming the planning department's determination under the california environment quality act and making findings of consistency. >> supervisor wiener. >> thank you, madame president. colleagues this amends the general plan to set the city's long-term strategy to ensure the health and sustainability of our street trees all 105,000

of them. this plan has been a long time in the making and i want to thank the planning department and the department of public works, particularly john sway and carla for leading a very thoughtful and in-depth process to produce what really is a cutting-edge document. the plan was supported unanimously by the planning commission and the urban forestry council. colleagues, we know that healthy tree-lined streets are a key component of strong and vibrant and beautiful neighborhoods. we have over 100,000 street trees in san francisco. they make our neighborhoods more walkable, more sustainable and remove pollutants from the air and water and confer many other benefits in terms of quality of life and environmental protection. as we also know our street trees in state street trees are not in good shape.

with winds we hear of branches collapsing and this is really due to inadequate maintenance. the city has a terrible policy of acquiring adjacent property owners to be responsible for the care and maintenance of street trees whether or not the property owner planted the tree, wanted the tree or has the ability to take care of and indeed our street tree population is shrinking because of resistant to planting new trees. we are trying to address this through a long-term sustainable funding strategy. and we're continuing to work on that. this plan sets broad parameters in terms of how we should be caring for our urban forest, how we should be expanding the number of trees and ultimately

how we should be paying for it. so colleagues i ask for your support in moving forward this important urban forest master plan >> thank you supervisor wiener, can we take this item same house, same call? without objection this item is passed on first reading unanimously. >> item 24 is an ordinance to amend the zoning map to rezone a parcel locateded at 1600-1612 cortland avenue from heavy commercial and industrial protection zone, et cetera. >> can we take this item same house, same call? without objection, this ordinance passed on the first reading unanimously. madame clerk, we will be skipping over our 2:30 and 3:00 special orders. until that time, and move on to roll call for introductions. >> first to introduce new

business is supervisor campos. >> thank you very much. i have a number of items. so let me begin by saying that today i will be introducing an amendment to a prior law that i authored and we passed with significant support of the vast majority of members of this board. and that is our relocation assistant ordinance to help individuals facing evictions under the ellis act. in october, 2014, district court judge briar struck down the relocation assistance ordinance passed by this board on a number of grounds. at this point in his ruling, the judge raised a number of concerns around the law that we enacted. the legislation that we passed increased relocation assistance

for tenants evicted under the ellis act to give evicted tenants in san francisco a fighting chance to actually stay in san francisco. my ordinance required landlords to pay the difference between the market rate of an apartment and rent-controlled rate for two years. our city attorney, i want to thank our city attorney for the very strong and excellent representation that they've provided in defense of this law. currently the case is pending before the 9th circuit. today i'm introducing amendments to that law, which i believe essentially make the federal case moot. the amendments we believe address all of the concerns that have been raised by judge beyer. even though we believe that judge beyer simply got it wrong, and we respectfully note that, we still want to address the concerns that he raised by doing the following: the

first thing the amendments do is that it caps relocation assistance payments to $50,000. the second thing that it does, it requires that the tenant use the relocation assistance payment on replacement housing and things like moving costs or any other costs incured to mitigate the negative impact of that eviction. and then the third thing that it does is the amendments specifies the method that must be followed by the controller to estimate the market cost of an apartment. colleagues, we passed this law with a super majority of this board, and i respectfully ask for your support in passing the changes that i have outlined. i believe that these changes that we passed in consultation with the various partis that were involved in the original legislation, that these changes strike a balance to address the concerns that have been raised

by the court, but at the same time, providing a real solution to tenants that are impacted a by ellis act evictions. the second item that i have is a resolution in support of farm workers. in 1990 farm workers at the farms voted for representation by the united farm workers. this is something that they voted in 1990 in a state-conducted secret ballot election. the agricultural labor relations board then certified the united farm workers as the farm workers union representative. for 23 years garoowon farms has been making various attempts to prevent implementation of this united farm workers contract. as a result in 2013, the united

farm workers invoked california's mandatory mediation and actually requested that the state appoint a mediator, which the state did. this mediator issued a 3-year contract which included retroactive wage increases and holiday compensation that was to make immediate -- that was to take immediate effect. to-date, to this day in 2015, this company has failed to pay the workers the increased wages that were directed to be paid by the mediator. the agricultural industry has consistently taken an obstructionist stance towards employees' efforts to organize and this company is currently using some of the worst union-busting tacticks in the books. the company has also employed right wing groups like knorrquist center for worker freedom to launch a media campaign on