a lot more in other districts. thank you very much. supervisor maxwell: thank you. >> walter paulson. ♪ he was born in the summer of the city-city year commissioner newlin: coming home to a play he had never been before commissioner newlin: he left yesterday, and you saw the trees commissioner newlin: and you might say he was born again commissioner newlin: you might say he found a tree for every door. ♪ and the city on high. and i know you would be so glad to see it go high. and i know he would be a poor guy if he never saw a tree grow high. see the trees all-around in the city. see the trees around and it sure looked pretty ♪ maxwell shrank you. any further public comment. seeing none, public comment is closed. well move this forth. supervisor mar? supervisor mar: i was just going to ask are different species of redwood trees rare? i like the redwood growth, but are they rare, and are they looked at with more attention than other trees? >> redwood aren't necessarily rare in san francisco. there are some pockets of them in the park areas. they are defin

supervisor maxwell: all right. i have a question. we just hard -- heard something -- from parker last week. >> yes. maxwell they could take advantage of something like this? >> it could theoretically be a candidate. we need to develop those policy first so if they would independently qualify for this sort of up zoning that we want to limit the use of i.f.d. the controller and the budget analyst office has been very clear to us. this is a powerful tool but one that needs to be used judiciously. if we didn't establish,, people would want their hand in the cookie jar. supervisor maxwell: we are talking about bus lines. we are talking about infrastructure that are public. >> yes. supervisor maxwell: so it is not as if it is something that is not for the public good. it is something that really helps the entire public and the people who live around there. >> yes. supervisor maxwell: my thinking is, to some degree, the general finet would have to be used for that in specific instances. it is not as if you didn't have to use it anyway. >> pe

items will appear on a later agenda. chair maxwell: i believe we have an item that will be going to the board tomorrow, and that will be item number two. madam clerk, could you please read the first item. clerk somera: a special use district for 1800 market street. chair maxwell: welcome. >> i am here on the path of supervisor dufty. 1800 market is the lgbt center. i know that some of you have been attending meetings and have spent time at the lgbt center. the idea behind this piece of legislation is to allow the center to consider through the process applications for potentially a restaurant use on the upper level, theater use and entertainment years. obviously, all of you remember that the board passed a loan allowing the center to give more financial flexibility, and what this piece of legislation is doing -- to have more financial flexibility. this is for another revenue stream for its long-term viability. this was brought to us by folks at the center and in the community, and, again, this is a nice modest piece of legislation tha

we're working with a hospital on the exact number. chair maxwell: what determines that? >> it is like a mechanical rooms and all of the space that cannot be occupied on a regular basis. again, that exact number has not been determined. >> would it be operating rooms? would it be -- >> freakin', we do not know yet. the corridor really did not anticipate a hospital building of this size, so we're having to look at that and to some interpretations. >> but is it the size, or is it the rooms that would be occupied that would be subject to the ordinance that we're talking about? >> i am sorry? chair maxwell: are we talking about the rooms that would be occupied? i am wondering if it is the size of it, or is it about rumors that you're talking about, mechanical rooms that would not be occupied? >> it is the total size less all of those totally normally non occupied spaces. the total square footage of the building less the kind of non occupied space, like mechanical rooms, like all of those other spaces. chair maxwell: like what? >> like elevators and corridors. all of the space

i just want to point out, because a lot of thanks are due, and then i will ask supervisor maxwell and president chu to come up in a moment. i want to member thank some of the port commission, recreation and parks commission, the redevelopment agency, as well as the planning commission. all supported and started this process. six specific actions were taken by those bodies before these legislative items came in front of the board of supervisors. of course, to this board, for their stewardship and support of the process, as well as the old board of supervisors. the old board of supervisors said for the conceptual framework that allows us to move forward with proposition g, which was competing with the other proposition, which changed land-use and created a framework that allowed us to go to the state of california to get some state law changes. by the way, this will provide for over 300 acres of parks and open space. bay trail connect the waterfront to the rest of the community. i appreciate bonner and all the work he has done. [laughter] to rebuild one of the cornerstones -- there is r

a. maxwell, 76%. my district, 71%. supervisor avalos, all of these establishments are treasures adding to the quality of life. enticing current residents to stay. it is a simple thing that is easy to forget, but we should take the time to patronize and promote local shopkeepers. if you put me and small business constituents out of business, who will you collect your taxes and fees from them? -- then? [applause] >> good morning, my name is michelle simon. i want to first save for the record that we are not about free vote -- prohibition, trying to hold the of all industry accountable for the unfortunate cost of doing business. i would invite everyone here to join us in our fight to hold the bigger of all companies responsible. i find it interesting that anheuser-busch has recently announced that it is going to raise prices. apparently that company has done the economics to figure out that customers can absorb increased prices. everyone here seems to admit that there are problems and we have to fund these programs somehow

really appreciate the board's willingness to take up this issue, and it is a really important issue. thank you. >chair maxwell: all right, we have james tracy from community housing and others. >> supervisors, i am a professor in run a community economic development clinic, and the students are working as legal counsel and advisers to the neighborhood coalition. i want to make just a couple of quick legal point. first, as an example, the cpsc -- cpmc are looking at an exemption by creating a special medical district, so at this juncture, they are going for it with a conditional use requirement that would trigger some of these larger policy constraints that are behind this particular resolution, so it is the view of the good neighbor coalition that this should go through the ordinary conditional use that process. second, just a point of clarification to with the planning director said, the reduction it is permitted, if you make a contribution for affordable housing, it is not an automatic 50%. it cannot be more than 50%. attributed to affordable housing. it is very important to keep that point in mind. and sec

i hope we're talking about a playground in the near future, thanks. supervisor maxwell: thanks. i kind of got lost with the cards, i think. so if there is anybody, james haas, earnest teen, you got a chance to speak already? teresa -- >> he hasn't spoken yet. supervisor maxwell: david osgood, chris grill, and then ms. earnest jeanne ine you'll be last. >> good afternoon, supervisors, i'm david osgood with the rincon center tenants association. our building is the closest residential building to the site. and the city has still done no formal outreach to us. we only know about the project because of the articles in the paper and some informal networking which is not quite adequate. it's hard to give the city good marks for community outreach when the closest residents are excluded. by the way, one thing that hasn't been reported to you so far is at the meetings that have been held, support for these courts is, to say the least, underwhell -- underwhelming. the fact that they didn't mention that is rather glaring. a lot of opposition to these courts. we did a survey of our resident

[applause] now, it is my privilege to introduce a number of supervisors. supervisor maxwell first. no one has lived through this -- the good, the bad, every election, the naysayers. all the folks who i thought were arguing for the status quo. i always save the windshield is a lot bigger than the rearview mirror. she was always looking out, as opposed to looking back. i want to congratulate supervisor maxwell. no one is filled with more pride and more fulfillment. no one deserves to be than supervisor maxwell. [applause] supervisor maxwell: thank you. thank you. thank you. let me just say that all that belongs to the community as well. yes, this has been a long time coming, but it has been worth all the time it took to get us here. along the way, what have we done? we have united a community. we have united the old with the new. we have had meetings where we have had african-americans, asians, latinos, and on top of that, the ice cream on the cake, our whole city had a chance to weigh in on that vision. they had an opportunity to say, "yes, we want to see a new bayview, and they did

maxwell: all right, then, colleagues, on the amendment. so moved. the legislation as amended. madam clerk, i would like to go back to item number three. clerk somera: to provide a minor encroachment waiver. chair maxwell: thank you. is there is someone from supervisor daly's office. >> good afternoon, supervisors. my name is april, and i am with supervisor daly's office. this is basically an amendment to the public works could to waive the public encroachment fee for affordable housing projects -- to the public works code. this is for some that have subbasements and for the subbasements, an annual fee could look like 10,000 dollars per year annually, and this would come out of some other budget. we sought to introduce something that would exempt this minor encroachment fee for new affordable housing developments. chair maxwell: 100% affordable housing developments? >> 100% affordable housing developments, yes. chair maxwell: we are looking at $10,000, $25,000, something like that? >> per year. chair maxwell: all right, thank you. cognos, any comments or questions? -- colleagues, any comments or questions? >> mid-afternoon, again, supervisors. the department thi

allowed under the law under equal protection to treat supervisor maxwell: similar things maxwell: is this or is this not a light? -- three things separately? supervisor maxwell: is this like? >> it should not have been allowed to sell tobacco under the first passage. supervisor maxwell: the idea is that they should not be allowed to sell tobacco. thank you. >> or do not sell cigarettes. we do not dictate the solution. their business has to make a choice, stop the pharmacy or stop the sale of tobacco. supervisor maxwell: so, we are still where we were. supervisor to? >> it clarifies the question, although there does seem to beat -- seem to be some factual differences about whether this business would continue operating and under what circumstances. i am wondering, could i ask the owner, can you tell us about the impact of this legislation? i do not have an issue if it turns out that you have to make a decision, one way or the other. >> we would have to close. we would be closing. i cannot work for my landlord, plain and simple. we would have to close, it would not work. we have crunched the numbers. as far

president chiu: supervisor chu has made a motion that is superb -- seconded by supervisor maxwell. if we can now take a rollcall vote on the underlying resolution as amended? supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: no. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: no. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are eight ayes, two no's. item 13 is an ordinance to provide for a waiver of the annual public right of way occupancy fee for affordable housing projects. supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: aye. supervisor mar: aye. supervisor maxwell: aye. supervisor alioto-pier: aye. supervisor avalos: aye. supervisor campos: aye. supervisor chu: -- president chiu: aye. the ordinance is passed on the first reading. >> item 14, the revoke will offer for infrastructure improvements associated with mission bay. president chiu: same house, same call. >> item 15. president chiu: roll call vote, please. supervisor chu: no. supervisor daly: ay

supervisor chiu, would you like a question, or would you like the gentleman to come up first? supervisor chiu: he can come up. chair maxwell: i saw him here. >> a very good summary of the suggestions we made as well as the many revisions that were made, both in terms of both commissions and other members of the public both here and at the planning commission. supervisor chiu: all right, i will start with a few brief comments, and that we will obviously hear from the public. i think these changes concerning the ceqa law makes sense. i know there is a lot of legislation that clarifies things from the developer's perspective. i am just starting to hear, because this is from a lot of maybin association leaders which of not been fully answered -- this is from a lot of neighborhood association leaders. one thing i would like to suggest that would be helpful note is for my staff to potentially convene with planning or with supervisor alioto-pier's office. they're always continues to be a lot of concerns around the lack of consistency and the lack of uniformity around public notices and environmental decisions, and i know there ha

maxwell>> without ob. supervisor chu: i think with the train of conversation we had before, perhaps not a formal amendment to the bike plan as it is currently written, but to indicate that the department can provide information to bicyclists about the advantages of having liability insurance. supervisor maxwell: maybe we could also add in the next plan, this could be amended. this could be included in the next bike plan. supervisor mar: i think that is a great suggestion. without objection. 2d, the finding of the grand jury is, police involvement is critical to the success of the plan but only one police officer is listed among 113 people listed under the acknowledgments section. pedestrians, public writers, and motorists were not represented. it looks like there is disagreement from the advisory committee, the environmental impact report plan. and the mta response is that they partially agree. one officer was listed, however, using the acknowledgement of proxy for participation does not reflect the range. city staff members themselves what, bite, use transit ticket to work. the police department was fully

maxwell: all right. so the amend is so moved and the legislation has amended without objection, so moved. president chiu: madam chairwoman if i could be added as a sponsor for this legislation. supervisor maxwell: would you add my name as well, thank you. all right. madam clerk, next item, please. >> item number three, resolution authorizing the reincarceration and park department to accept a gift of 61,000 from the labor and construction and trains foundation to build two bocce courts on the lawn in justin herman plaza. supervisor maxwell: all right, let's play ball. supervisor chiu first please. president chiu: thank you, colleagues. this is a resolution they had introduced after being requested by a number of parties in my district and in the city and this is an accept and spend with regard to a gift from the laboror easy local 261. i want to thank the laborors for not only making this gift, but also really setting up a wonderful training program for folks who are coming up through the ranks. i see some individuals that may be part of that i also want to thank other private sector neighbors that were part of this wonderful idea. when i was ap

that is the first piece from a resolution peace, and i would like the doctor to come in on the fruit and vegetable piece. chair maxwell: we have made some changes, so could you -- supervisor mar: we're doing everything we can to be reasonable, especially with a phase-in. the 1/2 cup versus the 3/4 cup is a significant change should be free or vegetables as opposed to for and vegetables. -- should it be fruit or vegetables or fruit and vegetables. chair maxwell: one of the amendments was that it would just be forced -- fruit, since people do not normally eat vegetables for breakfast. >> we appreciate this. we're very proud of a breakfast happy meal with oatmeal and apple dippers and milk. dr. goodie, if you could comment a few on the fruit and vegetable item? >> when we look at fat and sodium along with what supervisor mar has proposed as an amendment, there are randomized clinical trials that suggests that this particular combination will, indeed, decrease childhood obesity. number two, as outlined in the institute recommendations that the doctor referenced, the institute of medicine clearly outlines and there is a bu

a much more frequent basis. please reject it or take it back for further review. thank you. supervisor maxwell: all right, any further public comment on this item? seeing none, public comment is closed. we will continue this item for at least a month, and you will have an opportunity at that time for more public comment, and, supervisor chiu, do you have closing comments? supervisor chiu: obviously, there are many members of the community, including members of this board, that are still trying to understand the changes that were made. ms. rodgers just laid out the 11 changes that were made, and i would love to see that in a document that needs to be disseminated to the public. the suggestion of having more public comment on this makes sense. there was work done before the commission, but now that it is you before the board, the importance of that i think cannot be underestimated, so i look forward to working with supervisor alioto-pier's office and planning. the concerns that were raised i think are well founded, and we have to figure out how not to throw the baby out with the bathwater as we

a consistent response. in the discussion for 3 d, supervisor maxwell suggested amending a sfpd response with comments regarding -- including the safety of pedestrians and others on the road. did you want to make those amendments to the previous two responses -- the same recommendation for all three findings to make a response consistent to all three? supervisor chu: could you repeat that? supervisor m>> these recommendae similar. you adopted the police department's response for all three recommendations, but during the discussion of the final recommendation, 3d, supervisor maxwell recommended added some language about pedestrians. supervisor chu: i believe the conversation about the education was related to the finding, not the recommendation. we had talked about the fact that the increase in violation may not just be related to the fact that there might be an increased number of cyclists, -- >> so only for 3d. supervisor mar: thank you for the clarification. thank you, everyone, for working through this process to respond to this telegram jury's findings and recommendations. supervisor maxwell: i just want to

supervisor maxwell: i have a number of cards, but if anyone is on a time restraint? if not, i will just read the cards. [reads names] come on up to the microphone. >> chair, supervisors, thank you. we only or freedom theater, a 7 cisco landmark -- we are the owners of the four film theater, a san francisco landmark. we are pleased to hear that this legislation would allow for the sale of tdr's to be sold to a buyer in a greater geographic area. making them more likely to sell. we do have concern that legislation might be used for renovation and maintenance of landmark properties only. these three historic buildings. last year, the golden gate theater required, and we did $500,000 worth of maintenance and improvements on that building alone. but also we use the money for production support and to bring bigger and better production to the city of san francisco which is our essential mission. we do propose a handful of exceptions to the proposed legislation that would allow for the net proceedings to be applied to one, pay down the loan if the lender requires such payme

on the lights in san francisco, and he was a seminal part of gay history, all the changes that took place. and lastly, i wanted to join the supervisor maxwell in memoriam for james ashley, the mother of the publisher who passed after a link for the illness and was a very strong parent who was a single mom, raised three daughters and really was someone of great substance and integrity. i would like to yield two supervisor maxwell. supervisor maxwell: she worked for the army for over 30 years and she invested in her children and endeavored to view them with a sense of honesty. she taught her children to never give in and never give up. she also said, if i could call one thing that is a success, my children have a sense of values. the success of a single mother was the unconditional love of her children. she left no stone unturned to live that life. she showed a by example what it means to think big, in a dream large. she will be missed by all who knew her. >> mr. president, -- supervisor chu, you wish to be re-referred. supervisor chu: supervisor maxwell had spoken earlier about the san bruno incident. there are many words that have been shar