supervisor maxwell: staff? >> good afternoon, chair maxwell and supervisors. joel lip ski from the mayor's office of housing. in this item we are asking for an exception to the existing requirement associated with the seismic safety loan program to relieve one project of the requirement to mean the loan to value ratio of 95%. the current requirement indicates that in order to make a loan to this building, we would not be permitted to provide any more than what would bring all of the loans on the building to a level of 95% of its appraised value. we are asking for an exception to that because under the current circumstances, this doesn't really apply either to this type of project or to the type of lopez that we would be making. there is some existing debt on the building, but there is committed dead from the state and some stimulus funds that have been awarded the project through the state tax credit allocation committee. if you add them all up, that would amount to 235% of the appraised value, rather than 95%. our loan for 15 would raise that to 266%. there a

gnawed gnawed supervisor maxwell: ok, d [inaudible] supervisor maxwell: ok, perfect. colleagues, i would like to open this up to public comment if you have no questions or comments? public comment then on this issue. jamie whitaker? one card. >> good afternoon supervisors. i would like to thank supervisor maxwell especially for working to improving the developer stimulus. at first i was very much against the stimulus legislation that did not have up front fee, and am pleased we did get something with 15%. this neighborhood is not really represented by a formal c.a.c. it is not part of the eastern neighborhoods, and as we all know, development is stalled. we have a lot of folks living in the neighborhood. it runs all the way up to market street. we have millennium, which is a 6-00 foot to your, one renkin hill, which sticks out like a sore thumb, and the infinite. so 1,500 additional residents have come to the neighborhood. i live at bakers towers, built in 1991, the first mid rise condominium built after the earthquake. while there are children's playgrounds planned f

but chair maxwell: welcome to lay and use. i am the chair, sophie maxwell, and i am joined by david chiu and later eric mar. madam clerk? clerk somera: please turn off all cell phones. chair maxwell: i believe we do not have other reports today. madam clerk, i number one. clerk somera: mission bay north, blocks n3-n3a. >> what you have before you is a project that is located within mission bay north. i will give you the image so you can see where that is. we're talking about public infrastructure for blocks n3 and n3a, and that includes the sidewalk as well. that is on king and berry and between fourth and fifth, and i will show you an example of the structure. the sidewalk on berry, from property line to property line, street trees, and street lights. the director of public works issued a notice determining that the project was completed and ready for acceptance and intended use. the department of planning has determined that it met the terms of the general plan, in the redevelopment agency determines the acceptance of the ap

chair maxwell: thank you very much. all right, why do we not open it up for public comment at this time? why do we not hear from the director of the center? >> thank you, supervisors. my name is rebecca. i am the director of the lgbt community center, and i really appreciate your hearing this agenda item today. we really are excited about this project, which is designed to help our financial stability and to really look at ways we can have more order your note -- revenue and be less reliant on philanthropic dollars and on the city. as we all know, they tend to be very, very tight dollars as we move forward, so this is a process that was created to look for money outside of the traditional means of funding on profits. we're also looking at bringing in a potentially or ideally a tenant who would have some sort of linkage to the center's programs and services, so we have an idea of what that might look like. we have a wide variety of program areas, so we are looking at trying to great flexibility and to make sure that the

chair maxwell: so, supervisor chiu? supervisor chiu: thank you, madam chair, for your consideration, and thank you, colleagues. san francisco and the bay area faces enormous an extreme housing shortages in the coming years. it has been stated that san francisco, a city alone, ought to be producing over 31,000 units of housing over the seven- year period that we're in to ensure that as a city and as an area we can adequately deal with the needs of a residence in san francisco. in many of our area plants, we have included ratios of residential to commercial development in order to ensure that we are helping to promote appropriate development, and this particular resolution is here to really emphasize the fact that this is an important policy matter that as a city, we ought to adopt. no, this is a resolution that does not specifically mention one area, but it does have something dealing with the project, there is right now in the van ness area, a specific requirement that the ratio of residential to commercial housing, whe

supervisor maxwell: thank you. john and then father mccarthy and then jim foster. >> my name is john. i'm executive director of groceries for seniors and also one of the founders of groceries for seniors which was started in 1999 at sacred heart church in the western addition. after five years of being at sacred heart church, they were not able to come up with the renovation money to -- because they had also been affected by the 1989 earthquake. the city gave them three five-year extensions, and still the congregation, which was a very small congregation could not come up with the money. and at that point, one of the co-founders of the program, father and brother jack from u.s.f. was a brother in the jesuit ministry. he was the co-founder of the program. he is since deceased. so i wrote to all of the catholic churches in san francisco asking them if we could find a home with them and father charles was the only one that responded and came and had lunch with us at sacred heart and now for the past five years, we hav

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 thinks this is a good thing to do. we do not have that m

>> thank you, chair maxwell. yes, i do want to point out that the provision that everyone is referring to on page 15 first starts by saying any net proceeds from the sale of t.d.r. sold after july 1, 2010 shall be first used to pay for or finance the preservation, rehabilitation, and maintenance of the building as well as to correct any overviews on the property. this is not a requirement that all of the money has to be put back into the building. that was never the intent. the planning commission understood that. the historic preservation understood that. i think there is an inherent, one of the few last speakers i think put it accurately in that these historic buildings, there may be private contracts out there between the lender and the developer or something, but that, the planning department has no control over that there are numerous properties that are landmarks that are worthy of being landmarks that are in severely deteriorated condition. no matter what we do to them, no matter what the city does to them

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 as the small business commission, they get that recommendation becau

supervisor maxwell? supervisor mar: it is the same recommendation -- supervisor chu: it is the same recommendation. the increase on violence on sidewalks, from my point of view, i would partially disagree with this. i am not sure the increased number of cyclists would lead to an increase in violations, per say. i am not sure how you can make a conclusion. i do not believe that we sanction or say, motorist, or anybody really, should be violating traffic law. i am not sure how to word it exactly. supervisor mar: the bicycle advisory committee says there is no data on why people but a lot. supervisor chu, could you rephrase what our response would be? supervisor chu: perhaps we could say we partially disagree. i would incorporate part of bac response that says there is no solid date as to why people break the law. an increased number of cyclists, there is no correlation between increased cyclists, and violations occurring. however, we occur we need to work closely with the police department to make sure eve

supervisor maxwell: present. president chiu: can we have a motion to excuse m toirkar -- supervisor mirkarimi? supervisor dufty has just joined us. please join in the pledge of allegiance. are there any communications? >> we have received a letter communicating the mere's vet -- mayor's veto on an alcohol mitigation fee. president chiu: can you call the consent agenda? >> these items will be acted upon by a single roll call vote. the matter shall be removed and considered separate if requested. president chiu: roll-call vote on the consent agenda? 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. president chiu: aye. >> there are 10 ayes. president chiu: the resolution is adopted. can we call item 33 and item five together? >> directing the clerk of the board to agenda is consideration to overwrite alcohol cost recovery fee? president chiu: supervisor

chair maxwell: one second. when you mention about the grains, one of these ideas about mentioning whole grains was from mcdonald's, because you have a whole grain bun, so we inserted them, or, excuse me, supervisor mar, or, excuse me, supervisor chiu. supervisor chiu: so if i am to understand, what supervisor mar is suggesting does not lead to a healthy diet? >> fat and sodium in combination with half a cup of ford or 3 cups. three-quarters of vegetables -- half a cup of fort -- of fruit or three-quarters of vegetables, that will not -- supervisor chiu: i actually think there is a combination that would be healthy. >> that would require some more for their research. supervisor chiu: millions of dollars of research probably. great. thanks. chair maxwell: all right, thank you very much, both of you, for coming, and we go forward to working with you in coming up with a way we can all move forward. thank you. because i am almost all certain you want a healthy population. >> can i comment on that? chair maxwell: yes

supervisor 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 so

maxwell, president chiu, supervisor mar. shortly after i left for here i received an email from phil ryan, president of the golden gate tennis association. he to go to physical therapy for his fractured wrist so he couldn't be here. he asked ne to tell i that the -- me to tell you that the golden gate tennis association enthusiastically supports the bocce ball courts. he said the association represents the tenants of the gateway, the largest planned rent controlled facility in the city, 2 did, 1,245 units. he said we fully support construction of bocce ball courts as a sound means to preserve and enhance recreational space in the most population intense neighborhood in the city. we're grateful to the generous gift to the filmly strapped city by union members. our support for this project was approved by the golden gate tenants association and anyone taking a contrary position does not speak for our association. so that's from golden gate tenants. i am speaking on behalf of the neighborhood network today. when i learned of th

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

supervisor maxwell: thank you. next speakers, please. >> good afternoon, supervisors, my name is chris cruwell. i am so thankful for you taking the time to listen to a project that is being brought to you by the laborers union training foundation which i am a member. i want to thank park and rec who have been fantastic partners, particularly lev kushner who throughout the process has done a great job of working with us as we try to bring a nice amenity to a nice neighborhood that a lot of us spend every day. the main purpose, in my mind, of this project is the three students who are sitting behind me right now who are going through our training program. we wouldn't be here if it wasn't for them, and it's trying to become members of the construction community that folks have been so generous in donating their time and money to provide a great amenity for the neighborhood. what makes me feel most happy is these students will have a chance to go out and earn some money while they perfect their skills as they go throug

>> thank you, chair maxwell, supervisors. this was reviewed by the historic commission and the planning commission, in both recommended approval with some modifications. the planning commission listed 11 modifications, -- and both recommended approval with some modifications. the department wishes to remain our gratitude to supervisor alioto-pier for incorporating the vast majority of the recommendations. i have the complete list, and i will spare you from that. chair maxwell: i think we should hear all of the recommendations, yes. >> ok, these are all from the planning commission. the first one was they wanted to add in the community planning exemption as an exemption. it was not listed in the same with the others are in the statutes, and that has been done. the second one is we requested more preparation time, and this has been accommodative, so there will be more time to prepare for the hearings compare to currently. we also requested the environment -- there be a certain number of copies to the board, which is to be at th

supervisor maxwell: how many in total? >> obviously many of the independent pharmacies no longer sell tobacco. if you put them all together, it is 118 businesses. >> 74 would be affected by this legislation? >> right, many of them were not selling any ways. supervisor maxwell: since 2008 there were 39, in 2010 there are still 39? >> correct. thank you. supervisor chiu: do we have any speaker cards? supervisor maxwell: do you want to open it up to the public? supervisor chiu: are there any questions from my colleagues? >> i would just -- supervisor maxwell: i would like to be added at this point. supervisor chiu: that is great, thank you. i have a number of speaker cards. i will just start calling. supervisor maxwell:, as you hear your name. -- come up as you hear your name. supervisor chiu: [reads names] thank you. three minutes? thank you. >> hello, i am a professor of clinical pharmacy at the university of california, san francisco. i am also a smoking cessation counselor and practicing pharmacist. i am here today to exp