supervisor wiener: thank you. if there are no questions or comments, i would like to invite public comment. supervisor farrell: you mentioned firearms. can you explain to me what your thoughts are on that and how this would relate to it? i believe the genesis behind this legislation is to ease restrictions, onerous restrictions on small businesses that really don't need what seems to be onerous provisions of local ordinances which i fully agree with. but islanders and unintended consequences. can you talk about the firearms issue? >> i couldn't tell you the differences between the state, federal, and local law except that it's my understanding with second-hand dealers that second- hand firearms, it seems to talk more about antique guns that may still fire. second handguns, that could be any other gun previously owned. there are only two in san francisco. supervisor wiener: article 9 requires a license to sell firearms. there is a separate licensing for firearms sales, is that right? >> i don't know the provision.

. -- supervisor wiener is the sponsor. supervisor wiener: thank you, mr. chairman.s legislation, which has gone through very, very extensive process -- several trips back and forth between the land use committee and the planning commission as well as the various stakeholders involvements. this legislation will help us to achieve a goal of creating new student housing without cannibalizing existing and scarce residential housing stock. the legislation provides the definition of student housing for the first time that is applicable throughout the planning code. the clear definition of student housing is part of an effort to address the shortage of student housing available in san francisco, a need that was brought to the attention of the planning department and the board of supervisors by housing experts, post-secondary educational institutions, and developers. the goal of the legislation is to address the need for student housing in a manner that acknowledges and protect our existing housing stock. in other words, student housing is not the only kind of housing for w

supervisor wiener? supervisor wiener: thank you. i just want to clarify one thing. the cleaning crew positions -- those are not funded, so those are being eliminated. >> so, the agreement is for four labor positions. supervisor wiener: and so, i am very interested in picking up dpw staffing around cleaning crews for the city, as well as gardening and landscaping work. i think dpw is very under- resources in those areas. we have seen a hollowing out in recent years in those functions. i would love to have more. i just want to raise that point. this is more a technical adjustment and would not in any way -- it is not really an ad back, but doing whatever we can to increase those positions so we have even more cleaning capacity. supervisor chu: thank you. mr. rose, any comments? >> no, madam chair. supervisor chu: ok, colleagues, can we take a motion for dpw. without objection. to ethics commission. >> good afternoon, supervisors. the commission agrees with the revised recommendations from the budget analyst. supervisor chu: any commen

supervisor wiener, aye. president chiu: items 14 through 16. >> affirming the final environmental impact for the california pacific medical center's long-range development plan. item 15 is reversing the planning commission certification. 16 is a motion directing the preparation of findings. president chiu: given the information we received yesterday from planning and the questions raised at the july 17 er appeal, could i get a motion to appeal -- continue to november 20? seconded by supervisor 0 lobby. can we take that without objection? these items will continue to november 20. as i believe you know, i am pleased to report that cpmc sutter has agreed to engage a mediator as we move on discussions on their long range of development plan. supervisor avaloscampos: we look forward to negotiating good faith. this is a good step in the right direction. it is important that a mediator be selected as soon as possible and depending on the progress made, additional action may be needed at some point. my hope is the p

supervisor wiener? supervisor wiener: i just want to say that those people that are here for items one and two, thank you very much. we plan to get to those pretty quickly. >> good morning. thank you for inviting us to discuss this city's audits. the deliverables issued by mgo included in your package include the fiscal year 2011 with the government bought it and oversight committee. the segel audit report and the audit plan for fiscal year 2012. the me first start with the report to the government audit and oversight committee. this report includes the communication we as auditors are required to present to the oversight body. in addition, the city does not have a current-year recommendation deemed to be control deficiencies pertaining to the financial statement audit. that is noted on page 5. the report also includes a summary status of prior year recommendations. the city fully implemented all of these recommendations except the three related to the port of san francisco, which are on pages 5 and 6.

super wiener: thank you. one quick follow-up on the saturation issue, which is always an important concern. it is my understanding the people always had a 48 liquor license for decades and decades, and as we have continued dialogue, i just want to picture people understand that the saturation argument. it is challenging to say that it is saturated show we should not have a 48 for these owners, but we should bring the ankle facea. i want to make sure we have that in mind. supervisor kim: i am not saying i would not approve because of saturation. i represent a district that is saturated. i do not think that is a saturation itself, but when there is liquor-serving businesses in the neighborhood, there is a higher level of standard, and you want to ensure that there has been a lot of outreach and security plan. supervisor campos: i totally agree with you, and i completely agree with what supervisor kim as saying. i think saturation is a consideration, in the context of looking at how the proposed operators are in

commissioner wiener: ok, what will go to item two? >> item two, up from the minutes of the june 12, 2012 meeting. this is an action item. commissioner wiener: colleagues, any comments? any public comment? seeing none, public comment is closed. is there a motion to approve the minutes? can we take that without objection? that will be the order. item three. >> state and federal legislative update. this is an information/action item. >> mr. chairman, members, i am here today to give you an update on legislation of interest and what is going on in sacramento. i want to cover a couple of bills first, but i do want to know that last friday was the date that the legislature recessed until august 6. they completed their work for the year. when they come back in august, they will be dealing with appropriations for two weeks, the appropriation bills and the suspense calendar, and then they will go straight to the floor. a lot of bills moving in that direction, including some of the ones i will update you on. first, a slate of bills that have pa

supervisor wiener? supervisor wiener: with respect to the two requested public projects, environmental planners, my understanding is that will be funded through the budget and then they will not be billed out to the other departments? >> correct, through general fund. supervisor wiener: i think i mentioned this last time. having gone through a number of these public projects, it is a real fire drill every time making sure that we can get staffing from the planning department and making sure to move these projects forward in a timely manner. it undermines confidence in the public spending and capital process when we have a project that is moving forward and then it has a hit but because there is a delay in the environmental review. most recently, and dolores park, the department, they did the timing bet needs, but for a while, it was dicey about whether we could move through environmental review in the way that we had planned. i do think there is a good argument for having these planners. two questions.

supervisor wiener: thank you. >> mr. chairman, supervisors, have been involved in this issue for five or six years with the housing action coalition and others. i was being done by former supervisor dufty in the legislation that he got past which was not vetted sufficiently with institutions. we have tried to correct that this time around. the original legislation talked about institutions owning, operating, or controlling student housing under leases for 20 years. we discovered within the 25 or so institutions in san francisco that most were not particularly interested in owning. many were not interested in operating. some were not even interested in collecting the rents. and there needed to be a more flexible legal arrangements set forth between a developer who would build and own and perhaps operate and perhaps collect the rents and the institutions in order to get the waiver of subsidized housing to make these things affordable. and so we hope this language will do the. in the last two years, there have been no stude

supervisor wiener: questions? supervisor mar: i know that the senator presented to the joint policy committee a few weeks ago, where he said he would withdraw his legislation, a 1149. i think that he held it in committee, which pretty much killed it. but 878 is still moving forward and there are still questions over the relocation of the empty building to san francisco. is that right? >> that measure is still in play. i forget the number of the top of my head, but that measure is alive and viable. he is pressing for the auditor general's report. the financing structure and the appropriateness of that investment. so, that is out there. 878, as i indicated, is alive. was in position when he gutted and amended it. 879 is formally dead by virtue of not having passed the june 1 deadline. which does not mean that i do not think he would at some point, but he would not have the parliamentary ability. i think he is not going to do that in an occasion other than what he has done with 878. >> any other questions or comments

commissioner wiener: we are adjourned.

supervisor wiener: thank you. next speaker. >> good afternoon. and the co-owner of coal valley antiques. we have had our business for a half years. this permit came to my attention just a couple of years ago. my main point is we did everything we needed to do to open our business correctly what the right permits and to city hall and took every step we needed to open the business. we were never informed of a permit until i received a certified letter just a couple of years ago. i did not receive anything in this wave. i just received a certified letter that was fairly intimidating enough, telling me if i did not pay within 10 days and comply, i could be cited. i'm a small business owner and mother of two young children. a single mother of two young children. , moved here 20 years ago and one of the things i fell in love with -- i moved here 20 years ago and one of the things i fell in love with was the geek shops. we're trying to contribute in that way. i also share the concerns for the ability to fence stolen goods, but there must be other ways t

supervisor wiener, aye. president chiu: item 42. >> amending the health code regarding reauthorization of the food security task force. president chiu: can we do this same house, same call? this is passed on the first grade. >> confirming the appointment of william adams to the port commission. supervisor campos: thank you. i wanted to express my support for this appointment to the port commission. the rules committee had a chance to meet with mr. william adams two weeks ago and i was impressed both by his wide level of work experience in labour and his wide knowledge regarding the port. i think this is one of the most qualified nominees we have seen from the mayor's office and this speaks highly to mr. adams because we have seen many great nominees from the mayor's office as well. i was pleased to hear his thoughts and his commitment to working with never heard and communities and engaging more of our community around with the port is and what that means for the city. he talked about getting used to visit p

commissioner wiener: any other questions? is there any public comment? seeing none, public comment is closed. >> mr. chairman, i do have -- i think given the circumstances, i should at least give you a very quick briefing on the fact that congress has approved the federal surface transportation act after nine extensions of the previous and several years of waiting, so kudos go to senator boxer, especially in the senate, for pushing this thing through. it is only a two-year extension, and there are some significant changes that happened as a result. i promise you a written and more detailed, more organized presentation for the board meeting this month, but i wanted to highlight at least that there are some fairly significant areas of change. the bill has been funded at levels very similar -- overall levels verisimilar to 2012, and it only covers 2013 and 2014 federal fiscal years. so we are talking about a highway funding level close to the $40 billion range, and a transit funding level in the $8 billion or $9 billion a year range. what is different is th

i want to thank supervisor wiener for his ability to find this committee. at the last week's meeting, recreation and parks said the trial restoration money, that there was priorities determined in the 2008 bond for which trails would get money from the trail restoration projects, and that they would use the same priorities this time with the 2012 bond as they did in 2008. of course the 2008 bond was only four trails and natural areas, so that was a bit of a red flag for those of us that are concerned about the with the natural areas program has been using trial restoration money for things other than making them safer. i am very much happy to see this line which has been added. without this, we would have had the same language in 2008, and that would of been a concern to a lot of people. with the new language added, mclaren clearly needs work, in golden gate also. those are two of the major gems in the city. the forest alliance is satisfied with the additional language. we might have hoped for more, but that is the nature of it, and we are satisfied and wil

supervisor farrell: : supervisor wiener? supervisor wiener: thank you. i respect supervisor campos' comments, but i respectfully disagree. what is before us today is already a compromise. i'm not saying everyone has agreed to it, but it has been reduced from what it was. it was originally put on the ballot, and i supported, that would repeal the right choice voting entirely. i supported it when it was on the ballot for many years and continued to support it. in the last several years, i have come to believe that it is not the best way to conduct an election, keeping in mind that every single system, including the system we have, the system we have now, the system that is being proposed, and other systems that have been presented, none is perfect. they all have upside and downside, but i think going back to the runoff system is the better way of assuring maximizing voter engagement and making sure there are clear things between candidates, and given the state of the press coverage of local elections and given the lack of information in terms of distinguis

supervisor wiener: thank you. i am happy to report that the parties are pleased to come to a resolution on this matter. i want to thank both sides for working very hard to come to a resolution among neighbors. the clerk has distributed the agreement signed by the attorneys for children's day school, the project sponsor, and let the attorney for the appellants. a modification of the conditional use by modifying conditions eight and nine and adding a 10th condition, and so i've now is the appropriate time, i would make the motion, and then i assume there has to be public comment. supervisor chiu: supervisor wiener has made a motion as described. supervisor wiener: maybe i should make it in a more technical manner. i will restate it as tabling items 27, 29, and 30, and moving item 28. that is the first motion. supervisor chiu: supervisor wiener has made the motion as he has described it. do you want to describe everything in one package motion? supervisor wiener: the motion will be to affirm the categorical exemption

supervisor wiener: thank you. in terms of the rationale for that, if you could expound so i can understand what the thinking was both the >> in our review, we did not have data that we felt justified the position. the reason for recommending the position and then the senator was in anticipation of a bond measure in november. supervisor wiener: ok. is there any additional data that has been transmitted or that could lead? >> we're still working with the department. supervisor wiener: thank you very much. supervisor kim: that was one of my questions. the other was on the additional fourth staff person that is being requested to support the planning commission. >> yes. what we're proposing is restructuring of the commission support function. we anticipate -- right now, we have the commission secretary and two clerical positions. those are not in a position to back up the commission secretary when she is out for illness or vacation. we are proposing a restructuring of those three positions so there will be a higher le

supervisor wiener: thank you. supervisor kim: roll call on this motion. supervisor wiener: no. supervisor kicampbell: aye. supervisor kim: aye. >> towo aye's, one no. supervisor kim:we hav we have a second motion from supervisor campos. supervisor campos: i still feel that as a matter of public policy, we need to make sure that whatever changes are made to our policy, that those changes are perspective. the second amendment, but eliminate the grandfathering of the project that would be previously entitled. >> i wanted to comment on this amendment. i had questions on the grandfathering in. i understand there were precedents, some of which were addressed by staff already. several members of the public spoke on how this was important to the production of all housing. i think the reason why production of housing slow down the last couple of years was not because of fees imposed by the city, but because of the economy. recognizing that this came forward as a compromise because you want as many people under the tent as possible to pass revenue. recognizing that give-and-take in the p

supervisor wiener: thank you. today we have before us legislation that will help our city and educational institutions create student housing without cannibalizing or -- our housing stock. this has been in the works for several years and has made several trips back and forth between the board and the planning commission as it -- and as a result of a long broadbased process, this provides for the first time a definition of student housing that is applicable throughout the planning code. we have a huge need in san francisco to house our students and we need to do it in a way that does not undermine housing opportunities for other san franciscans. there is an estimated shortage of as many as -- student bands in san francisco. student housing is exempt from inclusion in rehousing, fees and requirements. student housing will be exempt from unit mix requirements in specific eastern neighborhoods. and student housing will have reduced open space requirements, similar to those for sro's. so, colleagues, again, this has be

fry and to revise our winner. -- the and to supervisor wiener.the 24th? can we move this forward without objection? rex with a positive recommendation? >> with a positive recommendation. thank you. please call item no. 2. >> an ordinance in the planning code to establish residential districts, removing hp and square footage limitations, and amending the order. >> thank you for having this item before you, and to the committee members for considering it. the item before you is a pretty simple piece of legislation, but could have significant positive impact in my neighborhood. as you know, the legislation does a number of things, primarily establishing outside sunset commercial districts. these are tools we have in many other places, in and out of command, west portal, broadway, castro, etc. we have a number of different things that it does. within these four hours at the commercial districts, we presented to zoning controls for the most part, but one is for a couple of other things. one is to allow for a 5 ft. ground floor height space. we have in

supervisor wiener: supervisor kim? supervisor kim: i will keep my comments brief, because i think i have spoken on this issue. i do appreciate such a robust and engage discussion on how to have a democratically engage process around how we elect our representatives in the city. i think that as we discussed this, each and every time, i think i have a greater and nuanced appreciation for the systems we have. i do wholeheartedly support rank-troy's voting. as the discussion continues, my support actually increases, versus decreasing. for a number of reasons i have alluded to before, while we have seen in every race where we have runoffs, with the exception of two mail races, we have seen a vast decline in the number of voters who come out to vote in the december runoff, whether it is the board of supervisors, city attorney, and other offices. i appreciate we are limiting discussions to the mayor's race. "we saw in 1999 and 2003 was that voter increase -- voter turnout did increase in december. that is a tough time to get

supervisor wiener: a couple of things. i made a comment before about the ceqa standard about feasible alternatives. it is possible i misheard you but i want to make sure i understand your position on that aspect of ceqa. i heard you say that if there is a feasible alternative that is less impeccable, the city is required to go with that alternative, is that what you are saying? >> yes, supervisor. there is the preservation action council vs. san jose. if there is an alternative that would reduce projected impact and if that is found to be feasible, the lead agency must adopt the alternative. the city has taken a different legal position. i think they are legally wrong. >> let's say we are talking about the -- a playground, a large playground and we have five different sites we're evaluating and they're all feasible. it is all possible to put them there in a reasonable way. but if the city in consultation with community groups and going through an entire process has a strong desire and the community has a strong desire to s

seconded by supervisor wiener.e any public comment on this motion to continue or on this item? seeing none, colleagues, can we take a motion to continue without objection? without objection, that shall be the case. could we call items 44 through 47 which is the final here are appeal of the transit center district plan. >> these are the items associated with the public hearing of persons interested in the planning commission's decision certifying that a final environmental impact report for the transit center district plan and transit tower has a certification of a final environmental impact report. items 45 through 47 are the motions associated with that item. president chiu: as you know the appeal for this final eir was withdrawn by the appellant last week. we do need to take public comment on these items. let me ask if there are items -- members of the public who wish to comment on the final eir of the transit center district plan. seeing none, let me ask the difference supervisor. supervisor kim, would you like

supervisor wiener: colleagues, any questions? supervisor kim: i do. i am not sure if i would direct this to you, but i did a little bit of research on an vitiated address for the transfer, which is the dear mom fabar and the 09 of beard and mustaches. we called abc, and the current liquor license on file at that address is 47 not of 48. come home the agenda item before us says this is a resolution to terminate the premises transfer of a type 48 until general public premises liquor license. can we transfer oa license w thc will have to address to you. the information we gathered is it was a promise to promise, type 48. -- premise to premise. clarification would have to come from abc. supervisor kim: there is no one from abc at this meeting. that is what we learned when we contacted abc is that they owned a 47 license. in that case, what would happen in the situation that has the wrong license number on it? >> again, that would be with abc because that belongs to them. they would make the ultimate decision. transfer a license that does not exist? superv

. -- wiener. supervisor wiener: this bond is a critical part of our 10-year capital plan, and also of our efforts to get a really significant capital maintenance need of our part. there was an extensive community process to come to this point. i am very supportive, and i hope you will be as well. i want to know the amendment at issue was the one dealing with the trail money, making sure a bond did not get caught up in other debates related to the new natural areas program we will have next year, trying to link the two, and making sure we can address these huge needs in our parks. i want to thank the department, advocates, and community for working together on all sides to come up with this amendment to allow us to move forward. some of the beneficiaries include golden gate park, which want to have work done on their trails. that is good, because those parks desperately need it. president chiu: unless there are any other public comments, what do we go to public comment on these items? other members

president chiu: supervisor wiener. supervisor wiener: a question about traffic impacts. there were a series of questions about the methodology used by the planning department and i want to make sure i get the name right of the adjustment to the peak hour factor? is that what it is called? >> correct. supervisor wiener: there was a debate about whether that is used by any other jurisdiction. my question is, obviously i want to know what other jurisdictions use but what else has san frisket -- san francisco done? we have done projects that are bigger than this one. we this city in many private developers. you look at some very large projects in terms of the eir that has come to this board, treasure island, park merced, mission bay, and a hospital project like the chinese hospital, which was recent, and the kaiser extension. there was traffic analysis done in each of those. was this a peak hour factor methodology used? >> for every project you named. every single one of those you listed. supervisor wiener: and i believe those have been certified eirs. >> to follow-up about