decisions in the context of our budget process. again that is just one example of how we responded the way that we did. the second point is there are difference responses to make for the civil grand jury report and we can include a summary and explanation for what we did. second the implementation is not recommended but within a set time frame provided. third we can say that the recommendation requires further analysis and fourth we could say that the recommendation will not be implemented because it's not warranted or reasonable and provide an explanation so i know that some of the amendments made do not follow that structure so i would really encourage that if the amendments go through and lastly i would say again based on the responses that we provided in jao and nothing just like you mentioned supervisor avalos nothing prevents an individual supervisor from going

through the regular process proposing legislation or other measures to carry out some of the goals so with thats again i want to respect the work that our committee done in response to these amendments. >> thank you supervisor tang. supervisor cohen. >> supervisor cohen you have no comment? >> [inaudible] >> okay. thank you. supervisor avalos. >> yes. i actually am fine if we want to continue and if people need more time to look at these. i understand there are many recommendations that are in the resolution and having more time is okay with me. i felt that the way that the resolution was drafted even though it did follow the guidelines of gao and how they weigh in on the grand

jury report it's not one i could support and i agreed with and not a question of whether i didn't agree with the work of the committee and the gao. it was about the language in front of me i wanted to make sure was something i could agree with and actually coincide with what i intend to do or could intend to do in the future so it wasn't about not respecting the committee process but what is before us today and colleagues i hope you support the continuance if it's asked for today or support the amendments. >> so you're not withdrawing the motion to move it forward today? >> i would like to move the amendments today. that's what the current motion is before us. >> okay. thank you. okay. you have before you amendments to item number 10. mr. clerk

can you please call the roll -- -- excuse me supervisor wiener. >> thank you. i want to respect the work of the committee but in addition someone once introduced legislation about ethics or disclosure or anything else. any member of the body can do that and goes through the normal legislative process with significant public scrutiny and feedback and so on and so forth. the idea of sort of frankly on the fly inserting effectively -- not it would affect the change in the law but expressing the intent of the board as part of the amendments doesn't make sense to me. if someone is interested in changing the campaign rules or lobbyist rules

or ethics rules we do that on a regular basis and we have legislation and hold public hearings and adopt it or not and that's the way to do it so i don't think these are necessary. some of the ideas i was looking at them and could be good ideas but they should go through the normal legislative process instead of being inserted on the fly. >> thank you. supervisor campos. >> thank you madam president. i suggest there is a process to make legislative amendments and that's right. there is a legislative process for that but that's not what is at issue here. what is at issue here is what response the board of supervisors is going to provide to a civil grand jury that has identified specific issues and concerns around the area of ethics, and i think that the reason why i support these changes is because i don't believe that the response should be that everything is fine which

i think is essentially what the existing response comes down to. i think that we need to respond by acknowledging that in fact there are things that need to be worked on. i don't think that we need to work on those things today. there is as people noted a legislative process but i think it's really important for the board of supervisors to be on record that the concerns that have been raised by the civil grand jury are concerns that are legitimate, that we recognize them as such, and that we are committed to doing something about that and i think that statement is a statement that is very needed. >> thank you. supervisor christensen. >> i don't think any of us are debating the intent of this. i think what we're debating is is the board's response to that intent. for myself i was handed this document five minutes before i walked into this room and to ask for an assessment as to whether this is the best

response and the best way to address these issues is something i don't feel that i am in a position to discuss. i certainly appreciate supervisor avalos' intention. i think they're consistent the rest of us. i just agree a little time to make sure this is the best way to go for it. for myself i understand we're trying to balance transparency and need to report and be responsive with practical and financial considerations and i would like more of a look of those implications and making sure we're actually solving the problem. >> thank you. mr. clerk can you please call the roll. >> on the amendment supervisor breed. >> no. >> supervisor campos. >> aye. >> supervisor christensen. >> no. >> supervisor cohen. >> [inaudible] >> supervisor farrell. >> no. >> supervisor mar. >> aye. >> supervisor tang. >> no.

>> supervisor wiener. >> no. >> supervisor yee. >> aye. >> supervisor avalos. >> aye. >> there are four aye's and six no's. >> this item to amend failed. mr. clerk can you please -- okay. can you please call the roll on the underlying item. >> on item 10? >> hold on. supervisor campos. >> thank you very much. i just want to note they will be voting against this item because i do think that the response, and i appreciate the work of the committee but i think it makes it look like the board is really not responding appropriately to the very serious concerns that have been raised by the civil grand jury so i will be casting a no vote for that reason. thank you. >> thank you. okay mr. clerk can you please call the roll on item 10. >> supervisor breed. >> aye. >> supervisor campos. >> no.

>> supervisor christensen. >> no. >> supervisor cohen. >> [inaudible] >> supervisor farrell. >> aye. >> supervisor mar. >> no. >> supervisor tang. >> aye. >> supervisor wiener. >> [inaudible] >> supervisor yee. >> aye. >> supervisor avalos. >> no. >> there are six aye's and four no's. >> okay this item is approved. mr. clerk can you please call item 11. >> item 11 is ordinance to modify the public works code for personal wireless service facility site permits and amend the fees for such permits. >> roll call. supervisor avalos. >> thank you madam president. since 2007 the city has required a permit to install a wireless facility on the utility or street pole in the public right-of-way. i sponsored legislation to move these to article 25 of the public works code and set certain esthetic guidelines as well as

requirements on tier level based on size. shortly after the legislation passed a number of wireless carriers use the city -- sued the city and challenged our authority to require such permits as well as claims based on new federal law passed in 2012 that limited local government or authority to regulate modifications of wireless facilities that are permanent. at trial the city prevailed to regulate them in the public right-of-way and also the court ruled in favor of the wireless carriers also. i am introducing these amendments to try and preserve the esthetickings review and public noticing requirements of article 25. this amendment would simplify the current permitting process and ensure that the modification provisions comply with federal law. it does so by one, repealing the tier system.

in light of federal law and mod modifications there is no reason for the city to fast track permitting for small facilities that could be enlarged easily and we would see that before. the carriers would come before us with a small facility and meet to review and wouldn't have to have further notification and when implementing it they would bring in a larging facility in the public right-of-way. now all permit applications require public notice and subject to protests. this simplifies the process for everyone. two, change the modification provisions to be consistent with federal law as construed by the federal communications commission. the amendments would require the city to grant modifications permits when they met federal requirements. three, requiring applicants to disclose in their applications whether they intend to modify the proposed wireless

facilities. this disclosure is part of the public notice so local residents could understand the potential of the size of the proposed wireless facilities could be increased. in the past we did -- like i said before we saw that the carriers would propose a smaller if the and we want to avoid that and. >> >> well aware of what is going on the poles in the right-of-way. it makes changes to the permitting and requirements related to the technology used to address other aspects with the city. it makes clear that the permitting requirement applies to the mta and they entered into an agreement with telecommunications carriers with using the poles and wireless facilities and we're increasing the fees for cost recovery. i want to thank the dpw for

helping with this, the city attorney's office and omar from the planning commission and colleagues i hope to have your support for this ordinance. thank you. >> thank you. supervisor wiener. >> thank you madam president. so first i want to thank supervisor avalos and others for working on this legislation. i know a good part of it is a response to the court ruling to make sure that our ordinance is in compliance with what the law is, and i will also say that this is one of the challenges here and i think one of the frustrations of the public and the city departments have had is as i understand it because pg&e has insisted that these rather large meters be used in connection with some of these devices that ends up making them much bigger and more unsightly and it's sort of outside of the

carriers control unfortunately but pg&e made that decision which i understand doesn't have to be the case because other utilities in other areas in southern california have made a different determination as not requiring bulky and blighted kinds of boxes. in any event just a question in terms of -- maybe i don't know if this is for the planning department or to the author. in terms of out reach to the wireless carriers about the upgrading of all of the facilities to tier three so as i understand there will no longer be tier one and two and everything will be tier three. was there outreach to the wireless carriers about that? they have indicated to me there wasn't and i am curious about that. >> the provision in the ordinance was mandated we had to go with the court decision and

[inaudible] in recognize to the court decision so the outreach was limited at best. the outreach was a notification by the public works department to the different carriers but the ordinance that went forward was to react to federal law that we have limited control over. >> i understand for most of the ordinance i know that to be the case, but for the provision upgrades all of the facilities to tier three which is the higher level of scrutiny. was that mandated by the court? >> in many respects getting rid of the tiers. we were in tier ones and basically said if you came with a small facility well designed, not obtrusive small boxes and no other requirements. we only had one built out of the existing ones so in many respects the tiers

in some respects is muting because most were tier three or started out as tier two and became three over time but without public input as a result of modifications. >> okay. i appreciate that. i will be supporting the ordinance. i do think that there seems to be a dispute whether there was outreach to the carriers. i certainly had my own share of fights with telecom, big one with at&t over the legislation we did around the boxes and even though we had a fundamental disagreement with them we sent them the legislation. we invited them in. we took the feedback. we accepted a few ideas they had even though we continued have disagreements. in my view it's the best way to proceed because i think it's awkward for all of us when you have stakeholders come in at the end and say no one talked to us and asked us for feedback and then you have

legislation like this which looks like it's good legislation and a lot of good things in here puts us have a awkward spot but i will be supporting the legislation. >> supervisor cohen. >> great. thank you very much. madam president i would like to address my comments to the legislation sponsor. this is good legislation supervisor avalos. thank you for bringing this. i really appreciate it. i have a question. you might of mentioned it in the remarks and i missed it. the fees that you're amending are you proposing they're increased? >> the fees will be increased for dpw. >> for dpw? okay. how will environmental findings be made? in the description of the legislation it says that not only will fees be amended for such permits but also environmental findings so i am curious how they're amended, changed, assessed?

>> i believe the environmental findings have been made and we probably have the city attorney here or mr. mas ree can discuss this. >> the environmental process hasn't changed substantially. the fees are increased to account for the cost of inspections and time spent on permitting and inspection and public hearing process. i hope i answered the question. >> yes thank you very much. thank you. >> thank you. supervisor avalos. >> just want to thank colleagues for their support and i think the questions that supervisor wiener had are very appropriate. really when it comes down to the change is very, very minor. it's we were seeing that the vast majority of facilities coming into at level two and three and the level twos were increased in size and after the process and we were at the larger size. >> >> so in effect we're making

a minor change really when can comes to the carriers -- not all of them but some actually sued us so it's important for us to come to have the strongest language coming forward that it help us to have some control of esthetics in our neighborhoods and just looking at district 11 there are a number of public facilities that are set up on the poles and the public right-of-way that are extremely obtusive on streets throughout the neighborhood. you will see that your passage along the sidewalk is constricted especially when you see a house may have a bay window that comes out to the sidewalk and at the same time there is a facility sticking up from a pole. it makes the sense of passage through that sidewalk to be very uncomfortable at times so this is enabling us moving forward to actually have better placement

and esthetics of these in the future so colleagues i hope to have your support. thank you. >> okay thank you supervisor avalos. mr. clerk can you please call the roll. >> on item 11. supervisor breed. >> aye. >> supervisor campos. >> aye. >> supervisor christensen. >> aye. >> supervisor cohen. >> aye. >> supervisor farrell. >> aye. >> supervisor mar. >> aye. >> supervisor tang. >> aye. >> supervisor wiener. >> aye. >> supervisor yee. >> aye. >> supervisor avalos. >> aye. >> there are 10 aye's. >> okay. this motion -- this item ordinance passes on the first reading unanimously. mr. clerk we have 230 accommodations and it is now time to move to that part of the agenda. we have two today and we will begin with supervisor campos. >> thank you very much madam president. it is an honor for me to call upon a very

distinguished guest visiting from mexico, omero ortiz. is he here? if i may ask him to come on up. and he's here -- there will be an event tonight panel discussion on something i will be introducing a resolution on today which is the disappearance of the 43 students in mexico but it's my pleasure to honor and welcome the renown mexican poet and activist here. i want to acknowledge him for his outstanding contributions to poetry, to international literature, environmentalism and human rights across the world. he has been elected twice

president of the international pen which he is now president emeritus. in 1985 he cofounded and chaired group los see an and a group of writers that included. [speaking spanish] . the group has called for the protection of the environment in mexico, latin america and the rest of the world. his most recent novel pictures mexico's current reality of violence, corruption and impunity and indifference and he's served as the ambassador to the netherlands and to switzerland and in paris. in 2000 he organized and presided over the earth in the year 2000 a joint international pen symposium of writers and scientifics and alliance for sustainable development. as a pioneer of

mexican society he played a crucial role in raising environmental awareness and public participation for solving environmental problems as well as defending freedom of expression about these matters. he will be the featured speaker tonight with the recipients of the foundation fullo ships. as i noted in the public dialogue on the human rights crisis currently occurring in mexico. for those interested the forum is taking place between seven to 9:00 p.m. at the mission culture center on 2868 mission. of note he has had a long history of friendship and contributions with poets of the [inaudible] generation of san francisco. he and laura [inaudible] are good friends and city lights and published many of his books.

we have not only one of the greatest poets in mexico but truly one of the greatest poets in the world so it is truly my honor to welcome him and on behalf of the city and county of san francisco and the board of supervisors specifically to give him a certificate of honor so welcome to san francisco. >> thank you so much. [applause] mexico is passing through its worse crisis since the mexican revolution. the disappearance and [inaudible] of the 43 students from mexico four months ago is a reflection of the penetration of organized crime in the political life of the country. there is also a

crisis of human rights and enormous need for justice. we expect to form mexicans -- [inaudible] in san francisco looking for human rights in mexico in this crisis and i hope it's a concern of the san francisco and the united states and come in this moment we are very appreciative. also we appreciate the support of the san francisco in this matter. i am very grateful to you. thank you very much. >> thank you. it's an honor to have you here. >> thank you. [applause] >> thank you and welcome to

san francisco. the second accommodation will be given by yours truly. today i am excited to bring to the podium russell prichard. come on up russell. russell has been an institution in the hayes valley community. i will wait until you get up

there russell. how are you? >> hi. fine thank you. >> good. not only has russell been an institution in the hayes valley community he has the most beautiful piercing blue eyes that you ever would want to see. on sunday january 25 of this year after 24 years russell closed his store vilno home interiors in the hayes valley and he helped with the central freeway, cofounded the hayes valley block party. he help create formula retail regulations to help small businesses and promoted arts projects including a very special one that he and madeline worked on for patricia's green. i don't think we would have

these incredible art installations there if it weren't for you and the work that you and madeline did to make that possible. he cofounded the hay's valley merchant association and member of the neighborhood association and co-founder of the hayes valley art coalition. and after closure of his incredible store with wonderful amazing unique furniture russell will be working with [inaudible] community center i know on tennis programs as well as the african-american art and cultural complex to create men shorship programs connecting the merchants with the young people in the community. we are so sorry to see you close your store but we know we're not losing you to the community. he remain a institution and selfless champion for the

neighborhood and the city and on behalf of the city and county of san francisco it's truly an honor to commend you for the many years of service to the hayes valley community and to the city and county of san francisco. thank you russell. [applause] >> thank you very much supervisor breed, other supervisors. i actually feel grateful and blessed to have been a part of the transformation of hayes valley. moving here as someone who didn't know hay street from rodeo drive from union street in new york from 1990 i couldn't imagine us taking -- especially the 400 -- 500 block of hayes street from the shadow of the central freeway to what it's transformed to today. i am pleased and honored to be a small part of that role for hayes valley. i absolutely enjoyed being a small business

owner in san francisco working with the city on legislation for retail and other things to protect the small business community which is extremely important to me as a former merchant. pardon me. this is emotional. this is my first official day of retirement so after 24 years and two months it's crazy to think i won't be going to my store six days a week but i am looking forward to continuing my role in the neighborhood with the arts coalition consulting with merchant's organization to ensure the strength and growth and working with the african-american cultural center to fully put in place a youth mentoring program and hopefully teach some kids tennis so thank you. [applause]

>> okay. and thank you and thank you to all the members that came out from the hayes valley community to support russell. thank you all so much for being here. mr. clerk can we please move to item 12. >> item 12 is an ordinance to appropriate april $203,000 to the public works operating budget for waste stations in 2014-15. >> >> supervisor avalos. >> actuall