afternoon, ladies and gentlemen. are we ready to get started? good afternoon. ladies and gentlemen, i want to welcome you to the september 4, 2018 meeting. madam clerk, are we ready? okay. want to welcome you back to the september 4, 2018 meeting of the san francisco board of supervisors. thank you for being here with us today. madam clerk, could you please call the roll for attendance. >> clerk: thank you, madam

president. [roll call] >> clerk: madam president, you have a quorum. >> president cohen: thank you. ladies and gentlemen, will you please join me by rising and placing your right hand over your heart for the pledge of allegiance. [pledge of allegiance] >> president cohen: thank you. madam clerk, are there any

communications? >> clerk: there are none to report, madam president. >> president cohen: all right. thank you. today, colleagues is a special day, because we are going to be approving minuting from the july 10, july 17, july 24 minutes from the full board meeting, is there a motion to approved those minutes? motion made by supervisor kim, seconded by supervisor yee. colleagues, can we take that without objection? all right. without objection, those minutes will be approved after public comment. madam clerk, please call the conse consent agenda. >> clerk: these item are on consent. if an item is objected, an item may be considered separate. >> president cohen: would you like to remove any items? >> supervisor ronen: yes.

item one. >> president cohen: yes. madam clerk, could you please call the role on the remaining balance. [roll call] >> clerk: there are 11 ayes. >> president cohen: thank you. without objection, items two through five passes. madam clerk, please call item one. >> clerk: i'd one is an ordinance to set rules governing the appointment of the director and the qualifications and duties of employees of the office of sexual harassment and assault response and prevention as a city department under the direction and oversight of the human rights commission. >> president cohen: thank you. supervisor ronen?

>> supervisor ronen: thank you, president cohen. colleagues, i along with all of you received a five-page letter today from the municipal attorney's association at 11:45, asking us to postpone the second vote on this legislation and i quote, within which the speed the item has been moved through the board of supervisors. before i discuss the content of their argument, why they're asking for the postponement, i just wanted to talk about how long this piece of legislation has been before us. i first introduced the legislation on may 8 of -- about five months ago, and a month earlier, i had held a hearing at the board of supervisors where woman after woman came forward who was assaulted and had a horrible experience dealing with the city and county of san francisco. whether it was the police department, the d.a.'s office, sometimes even at general hospital. and then, after that, i

introduced the sharp ordinance that's before us on final reading as a solution to the horror stories that we heard time and time again. after i introduced the legislation, i met and conferred with city unions. at that meet and confer, there were representatives from the -- from m.e.a., from seiu 1021, from local 21, from the sheriff's office. even the machinists showed up, but the municipal attorney's association did not decide to attend. they never got in touch with me, not at that point, not in the four months later that passed when this legislation was before us. they didn't make a peep when there were two hearings at the board of supervisors, one at the rules committee, and another was at the budget committee. we even talked about this legislation pretty

substantially at the budget hearing. >> president cohen: yeah. >> supervisor ronen: so to say that this -- federal, the chair is reminding me. this legislation was talked about quite a bit, and i find it incredibly unprofessional at the 11th hour to send a five-page letter asking us to postpone the legislation when nobody from the union ever reached out to me at any point during this long process. as a matter of fact, after the meet and confer where all the unions decided yes, this is a great piece of legislation, let's move forward, a couple unions did reach out to me after the fact, and we accommodated them even though we didn't have to because the meet and confer process had ended and made several amendments to the ordinance. but that's just on the process. let me talk about the content. the entire reason that i introduced the sharp ordinance is because i am hearing story after story after story of women -- mostly women, although i have heard stories from men,

as well -- what weo were assau and came to the city for help, and who were blamed, disrespected, not believed, shunned. we heard these stories from the supervisors, from the d.a.'s office herself. we were told that one woman was told by the d.a. and the special victims unit that because she was drugged before she was assaulted, it was just a case of he said, she doesn't remember, so they're not going to move forward with it. in another case, a woman came forward, and they had decided not to go forward with her case, and when she called the d.a.'s office to say you haven't even talked to me, why aren't you going forward with my case, the d.a. told her that he listened to the accused's pretext call and heard him describe the sex as consensual, and therefore was refusing to take the case forward. when the survivor finally

tracked him down because she wouldn't give i am and said i'm -- up and said i'm not sure why you won't prosecute this, i've taught a sex assault class, and i know the law, he said the law is not like in your little class, and continue to insist that they could not take the case. the survivor had to civilly sue the accused and ended up winning quite a settlement, and eventually, the d.a. did bring her case forward two years later and was able to successfully prosecute. the whole point of this legislation is we are now going to create an office -- when a victim of sexual assault is treated in this manner by any city employee, they can come to an office and say i need help. i'm not being believed, i'm being belittled, i'm being disrespected, and frankly this

experience is almost worse than the assault itself. that's this legislation. if the d.a. is going to bring a case forward, which is the bulk of this five-page memo and feels that any sort of meeting with the sharp office would interrupt any attorney-client privilege, then there's ample opportunity to show up and say that, and that would be sufficient. that's not what this office is going to do. in 99% of the case, when a complaint is brought to sharp, it's because the d.a.'s not going to move forward on the case, they're not going to bring any case forward where any evidence or attorney-client privilege issues could come up. so in that case, their entire reasoning in this five-page memo makes no sense at all. so yi have to say, frankly, as an attorney myself, i am frankly flabbergasted at the lack of professionalism of this union, and i would encourage all of my colleagues to pass this legislation as quickly as we can today and get to the

mayor's desk for signature because clearly, if this doesn't evidence how badly we need this office in the city and county of san francisco, i don't know what will. >> president cohen: thank you, supervisor ronen. supervisor peskin? >> supervisor peskin: thank you, president cohen. the district attorney's office is a bargaining unit. it is not associated with the afl-cio. but i do want to concur with supervisor ronen. had this letter come from the district attorney, it would be a very different letter, but insofar as you and your office, i think, have reached out, and correctly so, to kmuns labor,

and marketing unions, this is too little, too late. >> president cohen: thank you. colleagues, is there any other discussion? is there an action that you'd like us to take, supervisor ronen? >> supervisor ronen: yes. i'd like to pass this unanimously on final vote. >> president cohen: all right. supervisor kathrin stefani? all right. let's call the vote, madam clerk, on item one. [roll call] >> clerk: there are 11 ayes. >> president cohen: all right. this item, item one, passes unanimously. madam clerk, please call item

six. >> clerk: item six is an ordinance prohibiting the planning code to prohibit medical cannabis and khanna disdispensaries in the chinatown district to make the appropriate findings. >> president cohen: madam clerk, on the kwetd of shall this ordinance be finally passed, please call the roll. >> clerk: on item six -- [roll call]ordinance be finall please call the roll. >> clerk: on item six -- [roll calthis ordinance be fin passed, please call the roll. >> clerk: on item six -- [roll call] >> clerk: there are eight ayes and three noes. with supervisors ronen, brown, and mandelman in the dissent. >> president cohen: thank you. this item is passed. madam clerk, please call item seven.

>> clerk: item seven is to allow a payment for an a.d.u.'s tree planting department to allow for a ceqa determination and to make the appropriate findings. >> president cohen: okay. seeing that there are no names on the roster, colleagues, madam clerk, on the question shall this ordinance be finally passed, please call the roll. [ro [roll call] [please stand by]

[roll call] >> clerk: there are 11 ayes. >> president cohen: excellent. without objection, these items are adopted unanimously. madam clerk, please call items 10 through 12. >> clerk: item 10 through 12 are two resolutions to authorize the department of community health to enter into agreements for item 10, to enter into a retroactive amended agreement with the california department of health care services to change the agreement end date from april 30, 2018 to june 30, 2017 with

no change the amount not to exceed approximately 293 million. and item 11 is to retroactively approve an agreement with the california department of health care services for the san francisco mental health plan for a five-year term july 1, 2017 through june 30, 2022 without costs, and madam president, you said item 12, as well? >> president cohen: yes. >> item 12 is an agreement with the regents of the university of california for health services for adults and older adults for a contract term of four years, july 1, 2018 through june 30, 2022, in an amendment not to exceed 238 million. >> president cohen: colleagues, can we take this same house, same call? thank you. madam clerk, please call item 13.

>> clerk: [agenda item read] >> president cohen: supervisor stefani? >> supervisor stefani: thank you, president cohen. colleagues, this would allow three businesses operating in the union street district to apply for a permit under supervisor tang's 2013 massage establishment ordinance. what happened is they did not complete the process on time, and this allows for an extension to avoid any vacancies. it only applies to the union street n.c.d. and only allows them 18 months to complete the process. i want to thank the land use committee for passing it out with positive recommendation, and i ask for your support. >> president cohen: thank you. is there any other discussion? seeing none, can we take these items same house, same call? all right. without -- without objection, this ordinance passes unanimously. [ gavel ]. >> president cohen: madam clerk, please call the next item. >> clerk: item 14 is an

ordinance to amend the planning code to permit affordable housing on undeveloped lots in service light arts and industrial zoning district and to affirm the ceqa determination and to make the appropriate findings. >> president cohen: supervisor kim, i see you on the roster. >> supervisor kim: thank you, president cohen. the ordinance before us allows an additional use on parcels that are currently zoned sali. this is an additional zoning through the central soma plan where ween sewered we were protecting arts and distribution repair. prior to the western soma plan passage, these parcels were zoned s.l.i., which allowed the development of affordable housing on these parcels. with the western soma plan changes, we took out affordable housing as a permitable use. this legislation will reinstate the use of only 100% affordable housing on sali lots where

there is no existing development or habitable buildings, meaning that we won't be displacing any recogn

organizations who brought this item forward. >> president cohen: thank you. supervisor brown? >> ms. brown: y >> yes. thank you. i just wanted to thank supervisor kim and tipping point and all the others who were involved in this. i really think we as a city need to look creatively on how to build housing on under utilized sites, and i think we need to look hard at establishing rules and regulations to find every opportunity to building housing. i'm committed to do this in my district, which i hope everyone else is, also. in my last job at oewd joint

development, i looked at opportunity sites, private and public to build affordable housing, and i feel it's just really important. i think city sites should be first batter up to actually build the housing, and i just want to make sure the city must lead in this, and thank you, supervisor kim, for taking that lead. >> president cohen: all right. seeing that there are no members on the roster, colleagues, can we take this same house, same call? all right. without objection, this ordinance passes unanimously. [ gavel ]. >> president cohen: madam clerk, please call the next item. >> item to amend the public works call to repeal the public works ordinance and to affirm the ceqa determination. >> president cohen: folks the p.u.c. is requesting this be sent back to the land use and transportation committee in order to continue to propose some amendments to maximize water use efficiency. i was wondering if there was

any colleague that would like to make a motion. i see supervisor peskin will motion to take this back to the transportation committee. is there a second? second by supervisor safai, and we'll take that without objection, and this is a motion to send back to committee as approved, unanimously. thank you. madam clerk, next item, please. >> clerk: the next item -- next three items, madam president, are the 3:00 p.m. special orders, and given that it's not 2:30 yet, we can't start the commendation period, so i suggest roll call for introductions. >> president cohen: okay. >> clerk: supervisor peskin, you're first up to introduce new business. >> supervisor peskin: thank you, madam clerk, madam president, colleagues, i have a number of things to discuss and introduce at roll call. i first just wanted to start by thanking our assembly member, phil ting and our entire legislative delegation, senator

wiener and assembly member chiu for getting assembly item 84 through in the waning hours of the legislative session and that is legislation that would allow this board of supervisors to, subject to approval by the voters, have a t.n.c. tax in the city and county of san francisco. it awaits the governor's signature, and i would like to thank mayor greed and her staff support, as well, and i would like to thank my assistant, sonny angulo, who worked on this over the summer recess. while we're on the topic of transportation, i know there has been some discussions at the san francisco municipal transportation agency whether

or not our public transportation infrastructure should be used for private transportation interests in the city's public realm. and to that end, you'll recall, we recently passed legislation to allow in certain instances an appeal of mta decisions to this board of supervisors pursuant to the charter amendment, proposition a of 2007, and today i'm going to introduce an amendment to the board's review authority that would remove the exemption for bus rapid transportation projects until we can ensure that these projects are truly being prioritized for public-muni transportation, and i think that's appropriate as we approach transit week here in san francisco, and i want to acknowledge and thank the san francisco transit riders for their support of this ordinance. you will recall that two years ago, we had a different prop c

on the ballot. that was a different proposition c to repurpose the post lima prieta 1992 seismic safety bonds. really, at that time, we had a number of fires in district number nine as well as district three, and we are hoping to repurpose some of the unspent $350 million, about 261 million, and over last count, at two years, my office has been working with affordable housing stakeholders and the mayor's office of housing and the city attorney to devise a regulatory framework for implementing this program of very low cost money, so we are finally ready to introduce these regulations, and planninn

mateo after some of the politicians in this town did not like her standing up for

zoning administrator for what was right particularly around rulings which had to do with sutro tower, which she would not back down on, she was ultimately right and suffered political wrath for it. she was a kindred spirit, and she appreciated outdoors and her family and friend. she was a real dear friend to many community organizations and community members here in san francisco, and we all mourn her loss. and then, i'd also like to adjourn today's meeting in the memory of linda peterson, an artist in north beach, who you will recall was one of the street artists who after super bowl l who came and testified before this body she had been pushed out of her work where

she made a meager living by selling her fantastic art on the streets. i've got a piece of it in my office, if you want to come by and see it. she fell critically ill during the recess and succumbed at st. francis hospital, and the rest, i will submit. >> clerk: thank you, supervisor peskin. madam clerk, it's 230. >> president cohen: seeing that it's 2:30, i'd like to go to smeshl commendations, and supervisor kim, you have a special presentation. supervisor kim, if you'd like to present, the floor is yours. >> supervisor kim: and i did want to ask members of the community, along with jessie gonzalez, to come up to the podium. colleagues, i'm asking us to end our board meeting today in

memory of dr. don avalon. today we are honoring her posthumously for herr incredibe leadership and work she has done for the community. on august 10, one of our great sheroes, passed away unexpectedly while on vacation with her family in kauai. she was surrounded by her family and loved ones in this unexpected passing. it is a great loss to all of us who have known her. she is a respected historian, author, film maker, poet, chef,

and baker, community leader, and activist, and she leaves us with an important and far reaching legacy, granted in love for the filipino american community and beyond. dawn will always be in the hearts of her family, her friends, and the many communities and generations that she touched. for her focus on the filipino community, dawn is a premier historian of our generation. an associate professor with tenure at san francisco state university, she was a third generation born in stockton california in 1972. she was raised on the south side in a close knit, large and loving family. in 1997, she moved back to the bay area, which is where i met

dawn as a junior. she joined stanford and was an important part of this community, and in fact, my senior year, i took a class with dawn on asian american culture. she was well known for her commitment to community based history, her energy, and human within our community, but also her support for and solidarity with other graduate students in. 2004, to none of our surprise she joined the faculty of the department of history at san francisco state university. she was loved by her students, where she not only learned to love history but also came to love learning. through her dynamic lectures and interactive discussions, her witty humor and commentary, during which she would bake for the students, she would touch their hearts and stomachs.

she also conducted public schoolteacher training and filipino asian and american studies and the united states history for public schoolteachers in san francisco and stockton and for pinoy educational. now supervisor fewer, then school board member and i introduced the ordinance that she and allison had wrote to establish ethnic studies as a curriculum in san francisco. her dissertation eventually became the award winning book published by duke university, little manila is in the heart, now in its sixth printing. in addition to her scholarly and creative endeavors, she worked extensively in our community. she cofounded the little manila foundation in 1999.

after learning about the significance of their hometown, stockton, to the filipino american history, they literally found demolition equipment in front of buildings of what remained of the little manila community, the largest population of filipinos in the world outside of the philippines from the 1920's to the 1960's. she continued to work for the preservation and revitalization of the little manila historic site in stockton. many sites which are now established in san francisco came through her work that she did in stockton, california. she also received many awards and even worked with the black eyed peas in developing videos to spread awareness of filipino culture. little manila rising students fought for studies to be

institutionalized in stockton and won. she is survived by her husband, jesse, who she loved so deeply, and jesse, i just want to tell you how much i love you, and just how much you have also done for our community. and my heart just breaks for you. i want to recognize her sister, darlene, her caring older sister, minan, her god child, her niece, her nephew, her mom, her uncle, and wife, her aunts, her uncle tex, auntie sonia, and her cousin and godmother, joan. she has a very large family of

cousins, nieces, nephews, and god children and godparents. she has many children that she has helped to raise, including mayala, professor daughter, wife, sister, friend, film maker, historian, she encouraged us to have a conversation with our ancestors. she left us many gift to help us figure out what happened to the filipino american community, we take heed of her lessons to take with our community about what kind of families and communities we created so we know who we can become. she is a fan of the giants, and of so many of us and our biggest cheerleader. and because of what we have -- because of what she has left behind, we will be able to continue this conversation with her, culltivating the agenda that she shared, to continue to cook her food and feed her

community and the love that she shared for all of our communities. colleagues, i want to give jesse and her family a moment to say a few words about dawn, who we've been honoring this october in filipino heritage month, as well, and it just breaks my heart that we were not able to do that in person, and to thank her for all she has done for all of us. jesse. >> thank you, supervisor kim for that amazing tribute and recognition of life. supervisor peskin? >> supervisor peskin: thank you, madam president, as the supervisor for manilatown and a lifelong believer of the power of historic cultural preservation, which i know dawn was a huge champion of, i wanted to extend my deepest condolences to jesse and the

rest of dawn's family on her tragic loss, which i know is giant for the filipino community and all of san francisco. supervisor kim has already listed why dawn was so important, but really, there would not be a manilatown legacy without here. and i say this as a many, many decades friend of bill saro. i know that he was deeply involved with manilatown heritage foundation as was dawn as a board member, and she turned on so many young people like jane back in the day. so i just know this leaves a tremendous hole in the community and the entire city, so on behalf of the board, i also wanted to recognize dawn's contributions and mourn her loss. >> president cohen: thank you, supervisor peskin. and to the family, i just want you to know that it's a tremendous loss in the filipino community, but i want to assure you this is a loss for the entire city family.

her legacy transcends the filipino community but will be a part of the community and social fabric. colleagues if we could take without objection closing the board meeting out in honor of miss dawn's memory. if we could take that without objection. all right. without objection. thank you. supervisor kim, is there any -- all right. to the family, i want to just give you an opportunity to speak with your heart to address this body. welcome. >> i just want to thank the board of supervisors and supervisor kim. thank you very much. it means a lot. we just want to continue dawn's legacy to keeping the history, no matter what age you are, we just want to keep the history. it's not about the past, it's -- it should always be the present and the future.

and if you allow me, dawn's mom would like to say something, please. thank you. >> in -- in behalf of our -- of my family, thank you so much for bestowing posthumously this award. she loved people so much. she wanted to do anything to help people. she had so many aspirations, and she finally found her calling. but we are going to keep her legacy alive in our hearts. we're going to forge forward and continue what she started. thank you so much. this honor means so much. we have so much gratitude and it's such an honor, but i know dawn. she would be so humbled. thank you again for honoring dawn, and we'll forge ahead and continue what she started.

thank you. >> president cohen: thank you.

okay, colleagues, we are going -- at this time, we're going to continue with roll call. madam clerk, please call the next supervisor. >> clerk: thank you, madam president. supervisor ronen will submit? okay. supervisor safai? >> supervisor safai: will you refer, please. >> clerk: refer. supervisor stefani? >> supervisor stefani: submit. >> clerk: okay. thank you. supervisor tang? >> supervisor tang: submit. >> clerk: thank you. supervisor yee? >> supervisor yee: thank you. colleagues, today, i'm calling a hearing on our city vetting process of the safety records of our city contractors. over our legislative recess on august 10, one of the workers on the twin peaks telo construction project, patrick wiggetts, tragically died when a beam fell and pinned him underneath the steel beam.

no one should have to suffer the death of a loved one working on a city contract. we later learned that the city contractor, simick construction had a history of workplace and safety violations, including a violation involving another fatality. in documents obtained by the media, simick checked no when asked, in the past ten years, has the potential bidder or if a joint venture partnership has any member of the partnership been cited or any serious or willful violations by cal-osha, or california occupational health and safety administration? according to the san francisco municipal transportation agency, the contractor represented they met the requirements to prequalify for the bid. although the tunnel work has already been completed, the

investigation of this incident is ongoing and will take about four to six months. while i am calling for a hearing to investigate safety concerns regarding the evaluation of all the city contractors across all of our city agencies, not only san francisco municipal transportation agency, what i'm finding out is we don't have a safety vetting for city contractors. we must vet our city contractors and ensure that we are contracting with companies that are forthright of their safety record and privatize our safety record and community partners. i will also be a