supervisor chiu: supervisor mar? supervisor mar: thank you, president chiu.olleagues on your desks are a minor amendment to the green building requirements for city buildings ordinance. i want to thank joe anna from the mayor's office and others for bringing this ordinance forward with my office. the minor amendment i believe is non-substantive. at page 16, line 21, the legislation provide that the new lead gold certification projects will apply to projects where the initial appropriation request is submitted to the board of supervisors after september 1st, 2011. i am nearly changing the date to november 1st, 2011 so that the ordinance is not retroactive. thank you, and i encourage your support of this important measure. supervisor chiu: supervisor mar has made a motion as he has suggested. seconded. it passes. colleagues, can we do this same house. >> as amended mr. president. supervisor chiu: this is passed on first reading as amended. >> item 26. ordinance aed mending the administrative company regarding the adult probations department and their post relea

president chiu: aye. supervisor chu: aye. president chiu: given that this ordinance would have required eight votes, the ordinance fails. supervisor kim will be introducing her ordinance, which includes many aspects of what supervisor farrell proposed today, as well as other changes to the public financing system that the ethics commission will be reviewing in a few weeks. let us move to the next item, item 12. >> ordinance authorizing settlement of lawsuits involving mitchell engineering, and authorizing bonds and appropriation of funds not to exceed $15.75 million. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. >> there are 11 ayes. president chiu: items 13 through 15. >> resolutions authorizing the general manager of the public utilities commission to execute various amendments to increase engineering project design

supervisor chiu: thank you. ladies and gentlemen, could you please join me in the pledge of allegiance? supervisor chiu: madam clerk, are there any communications? >> there are no communications. supervisor chiu: let's go to our consent agenda. >> items 1 will have 22 come price the concept agenda. these items will be acted on by a single roll call vote. supervisor chiu: i understand our deputy city attorney would like us to receiver out item number one. are there any other items to receiver out? >> item 8, please. supervisor chiu: if we could take a roll call vote on its 1-2 without 1 and 8. >> campos, eye. chiu eye. chu eye. cohen eye. elsbernd eye. farrell aye. kim aye. mar aye. mirkarimi aye. wiener aye. avalos aye. there are 11 ayes. supervisor chiu: those ordinances are finally passed. item 1. >> ordinance amending the strnls administrative code to create a recreation and parks gift fund. update the medicare emergency relief fund, changing thed administering agency. >> supervisor chiu: i under we have a sm

supervisor chiu: good afternoon. welcome to the san francisco board of supervisors meeting of tuesday, october 25, 2011. madam clerk, please call the roll. >> [roll call] mr. president, all members are present. supervisor chiu: thank you. ladies and gentlemen, could you join me in the pledge of allegiance? >> to the republic for which it stands, one nation under god indivisible, with liberty and justice for all. supervisor chiu:, luke's -- colleagues, you should have copies of the september 20 meeting minutes. could i have a motion to approve this? those minutes are approved. are there any communications? >> i have no communications at this time. >> could you go through our consent agenda items? >> items one through five comprise the consent agenda and will be acted upon by a single roll call vote unless and member of the board or public requests an item discussed separately. supervisor cohen: item three. supervisor chiu: on the remainder. supervisor mar: aye. supervisor mirkarimi: aye. supervisor avalos: aye. superv

president chiu: my apologies. if we could take public comment, each speakership now up to two minutes to speak and you could speak to one, the other, or both of the appeals in your to monetary first speaker. >> i watched the first killing -- the first hearing. we had a lot of folks lined up for 4:00. they had to leave because of other commitments. i do not have the emotionally charged at risk housing that is before you. i do not have the kind of passionate testimony you heard in the last 3.5 hours. but what i do have sounds boring but it is not resolved it is a law that we are all bound by. it is a series of statutes and we have no obligation but to follow it. when we are looking at a subdivision map, which may seem like a minor deal, why are we worrying about a map? let's just deal with it when it comes up. ceqa does not let us do that. whether it is a subdivision map or a 100 unit condo project, ceqa applies. because it has been around for decades, there is a lot of case law to interpret this. i know it can get

item 14. >> -- >> hot president chiu: president chiu: same house, same call. the item is adopted. >> item number 15. president chiu: same house, same call. this item is adopted. >> item number 16, authorizing general obligation refunding bonds in an amount not to exceed approximately 1.3 $6 billion. supervisor chu: this item came before the budget and finance committee. we sent that now with authorization for the city to refund the bonds should the interest-rate environment produce savings. however, there is an omission inadvertently on page 30. you see that item before you. we have copies we have distributed already. i would like to motion we amend into it to include the branch library facilities improvement component. that should read series 2002-be in the amount of $23,135,000. the 2005 series -- that's $34 million as well as the 2008 series, $31,065,000. i would also move that once we have taken the amendments that we refer the items to the budget committee to allow for public comment. president chiu: supervised herchu has made an amendment. we have a seco

chiu chaye. chiu chu aye. cohen aye. elsbernd no. farrell aye. kim aye. item eight, ordinance appropriating $1 million settlement funds to the department of public health for the neighborhood improvement and mitigation in the neighborhood's most impacted by the potrero power plant in fiscal year 2011- 2012. mar aye. mirkarimi aye. wiener aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. farrell aye. kim aye. there are 11 ayes. item nine, a resolution authorizing the director of public works to execute an amendment to the emergency public work contract at the san francisco general hospital and to increase the not to exceed amount to approximately $20.5 million. supervisor chiu: can we do the same house, call? without objection, the resolution is adopted. >> item 10, resolution responding to the 2010-2011 civil grand jury report entitled "hunters point shipyard: a shipping landscape" an aging the mayor to cause the implication of accepted findings and recommendations through department heads and through the developer of the annual bud

president chiu: is there a motion to rescind? i would certainly make one, but i want to -- where are we? supervisor elsbernd, have you withdraw your motion? i am sure the naysayers know what they're doing. i will leave it to them. supervisor wiener: we all know this will not be fixed in two or three weeks. it has to go through the ethics process, through the committee, through this board. it is a lengthy process and not something you're going to want to rush. you want to do it the right way. supervisor elsbernd: supervisor mirkarimi was not here. there were only three people who voted no. perhaps supervisor mirkarimi will vote yes. if he votes yes, we will not have to have this, so i vote to continue it for one week. president chiu: i have one question for our attorney. could be a menace to include other aspects of the public financing? or does anything have to go back to the ethics commission? maybe we could ask our outside counsel. i think i know the answer to that, i think it is no. >> if there is a substantial change, it has

president chiu: the motion to amend passes. on the underlying emotion, a roll-call vote. -- motion, a roll-call vote. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. >> there are 11 ayes. president chiu: adopted as amended. >> item 26, acknowledging and accepting the union square business improvement district gift of a, not -- of a promenade. president chiu: why don't we skip over our special orders at 4:00? and moved to -- move to the non-controversial item 43. >> this was referred to the board without recommendation as a committee report. it amends the administrative code to clarify that only amounts actually paid to provide employee health care services shall satisfy the employer expenditure requirements of the health care security ordinance. supervisor campos: thank you, mr. president. i guess yet another unanimous cou

president chiu: thank you. next speaker. >> my name is eugene gordon jr.. the human animal brain is a material base. it manages scientific manner functions, construction words and actions, to resolve as housing is a ride, clothing, food, human rights, but where there is a national, agreed upon intervention, which without coincidence divides humanity into class ranks, again without coincidence, market speculation is factor. to stay the course, ignorance continues to debate right to live. product exchange without capital currency. class ranked is a market collapse. birthright is known as a state function of capitalism, and imperialism, materialism, racism, chauvinism, defamation, fraud. so much effort to convince itself distracts. fascism is in the united states of america. president chiu: thank you. next speaker. please step up. >> thank you. my name is brian mcewan, and i have spoken once before in front of this committee, last tuesday, and i just want to express my gratitude for ms. kim and some of the others

supervisor campos: president chiu. president chiu: i would like to make a motion that this project is exempt from environmental review. when i first learned about in the appeal regarding the tentative parcel map, i was a little bit skeptical until i started digging into this issue. we all know that telegraph hill is one of our city's most beautiful landmarks. we also know it is quite fragile pity -- quite for agile. there have been landslides that destroyed homes and restaurants. we should use the standard of reasonable for civility here. we heard testimony today that these lots are unstable and if they are supported and we lose access from one lot to the other, that would not allow us to rebuild that stability. i also think it is curious that, in 1998, the planning department use the standard of the fact that this ilves slop e -- this hill's slope was greater than 20% was enough reason for environmental review. it did not cite development. that is clearly the case here in 2011. i would ask that, at this time, we rever

president chiu: next speaker. >> good evening. i have authored several of the attachments to this presentation. i am here to answer any technical questions you may have. i would like to speak on a couple of things. you were shown a picture of a smoking power. this happened in texas about six years ago. the tower is not owned by verizon. it is owned by american tower. verizon had nothing to do with the cause of that fire, nor did our equipment. someone else talked about a fire in san francisco at 15th and valencia. the fire department had not come up with an answer for this, they said. but the chronicle put it out the fire marshal reported it was due to someone falling asleep in a chair while smoking. that was started in an apartment two floors above our equipment, not started by our equipment. the rise and wireless in my 17 years with them -- verizon wireless in my 17 years with them has never had a fire. our equipment is made in the united states. some of it comes from sweden as well. other things i wanted to stress is the capaci

president chiu: thank you. next speaker. >> good afternoon, supervisors. my name is james robinson. i have and big business on westboro avenue for the last five years along with my wife, who will be speaking shortly after. the cbd's have a tremendous track record, where they go in and help improve the neighborhoods and to manage with the existing organizations, and i urge you to wholeheartedly support this, as i do. thank you. president chiu: next speaker. >> below, my name is gail. my husband and i have owned a business for five years. we are very excited about this. we believe it will bring continuity and unity, and it will elevate the business district, which is so sorely needed. thank you. president chiu: next speaker. >> good afternoon. my name is bob presley. i am neither an owner or a merchant. i live a couple blocks away. i have been around there for 10 years. we have enjoyed watching the good things on west portal. we have done a lot of shopping there. there are restaurants. we eat out a lot there. the

-- david chiu's approach. we need to be responsive and reflective of the guidance that comes from the entity chartered to provide that guidance. the issues that have been raised as far as problems -- the golden gate restaurant association agrees with and believes that there are issues and ways to resolve some of these deficiencies in the current law. we want to increase utilization rates. we want to address the -- we want to address the "do not get sick in january" issue. frankly, another issue that has been raised, not necessarily in the hearing today but in a broader sense, is the issue of litigation concerned. speaking from the organization that did litigate this issue with the city, we respect what supervisor chiu is trying to do and protect the city. we believe that his approach addresses all of those issues in a meaningful way and in a way that is manageable and durable, increases employee access and utilization without unduly hurting jobs. we hope that all of us can work together towards

president chiu: supervisor kim? supervisor kim: i will be introducing legislation as an alternative to this proposal. i was going to speak about it at roll call, but i do have legislation that i will be introducing today. president chiu: any further discussion? supervisor mirkarimi. supervisor mirkarimi: thank you, mr. president. i was absent at the tail end of the discussion because we had a for alarm fire in the district. i apologize that i wasn't here for the complete betting through the chair. i would ask the general cons ole a couple questions. >> good afternoon, special counsel. supervisor mirkarimi: i understand the aim of what supervisor supervisor farrell -- what supervisor farrell and elsbernd are doing. i am one of the early sponsors of public financing for the mayoral campaigns. it is a time that we design that legislation, we did so based on a certain level, a trigger level of expenditure in matching donations. if we were to reassess what that level would look like, the 1.475, theoretically adjust the l

president chiu: any discussion? supervisor campos: i would like to thank my colleagues who are cosponsoring this legislation and bank all of the community members who have been working diligently on this issue for a number of months. i also want to take the opportunity to thank the mayor's office and the mta and the county transportation authority for the time and energy that has been spent in looking at this issue. finally, i want to thank the metropolitan transportation commission for the dialogue and conversations we have had, including with san francisco unified school district. colleagues, i ask for your support. president chiu: any further discussion, colleagues? roll call vote. >> [roll-call] there are 7 ayes and 4 nos. president chiu: this item is adopted. i feel like there is a delay -- and >> i wanted to explain why i was voting against a the resolution. i wanted to acknowledge that some dreiser campos it -- that a supervisor campos is trying to increase use usage of muni. has got more expensive, but i hav

thank you. -- why i support president chiu 's proposal. thank you. >> i am a second-generation small business owner. i placed chefs in restaurants. i would like to make a couple points about the effect of forcing restaurants to accrue a large amount of money, taking it out of their operating capital, and that is many of our restaurants. this is not the only one, are living very close to the edge. it is the equivalent of hand to mouth. if you take away more, we will have some losses. from my standpoint, more importantly, there is the question of the more or less the zero fund financing in restaurants. only so much comes in. you cannot ask for more money. if you take it from one place, it goes off another. what i am is saying is it is going off the salaries of management and chefs, which means we are no longer in a place where we can compete with other food cities like new york and chicago where chefs and managers get $10,000, $20,000, $40,000 less than they did to do the same jobs in san francisco. our restaurants are our anchors. midwester

president chiu: thank you. next speaker. >> hi. thank you for listening to me. i am here talking about the resolution urging the city and county of san francisco giving preference to certify organic food vendors. there has been a lot of research done by independent scientists to show that genetically modified organisms increase allergies and cancer in people who are consuming them, and they are in a 90% of all processed foods in america, and nobody knows they are there. for example, corn syrup and soil lecithin. food additives and preservatives are listed. however, the fda deregulated the need to test genetically engineered crops, and said the only test that are done are by monsanto and others, the biotech companies. so these foods are in there, and there are a lot of pesticides used that are creating super weeds and super pests, which are actually causing the need for more and more chemicals, some of which have already been banned in a lot of countries due to their toxicity, and there've been found in the grou

president chiu: thank you. any other questions to planning? why don't we hear from the project sponsor? is the project sponsor represented here? ok. i thought the project sponsor was here. what do we hear from many members of the public who wish to support the project sponsor? seeing none, what we hear from any final comments from the appellants. you of to three minutes for appeal. >> do i have three minutes for each subject or three minutes total tax -- three minutes total? president chiu: you have six minutes total. >> that is plenty of time. ok. going back to the ceqa categorical exemption that we all know does not apply here. you're planning staff has set a couple of things that are blatantly incorrect, in just not correct. if you look at -- let me find this other thing. 15061 of ceqa guidelines, a list things that are exempt because they do not have an impact. one of the sections, section e2 talks about categorical exemptions. those are subject to exception for unusual circumstances, etc. your staff is tel

president chiu: thank you. next speaker. >> in regard to occupy san francisco, from what i have seen, the issues that affect the city also affect that assembly. because it is a microcosm of the city. those issues really cannot be ignored or hide. it is important that the city try to help and protect the assembly right to be there, and hopefully resolution to the issues that affect the city can come out from occupied san francisco. thank you. president chiu: thank you. next speaker. >> the overhead, please. thank you. tom. south beach apartment. i presume i can speak now. we are going to revisit. i invited you all to come over to 18th and mission to check out the garage with the electric fan and the noise, and, of course, anybody at home and would like to come over and visit, come over to 18th and mission and see what we have about the noise factor, what is happening with the inadequate policy with the noise. in this little garage, we get a tremendous amount of discharge. noise goes across the strait -- street.