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 alioto-pier has been excused from the consideration of these. supervisor campos: we have before us a veto override the. i would like to continue this item to next week's meeting. just to make sure that we have the proper timing for this veto override. i have questions about the ability to veto the legislation itself, and would like to, when we vote next week, could we get opinions -- hell is it that one member is recused, but the mayor is not recused when it comes to approving or disapproving of this legislation? i think that would be appropriate to discuss. if we could get an opinion on the ethics commission

>>aye. >> aye. >> aye. >> aye. >> aye. >>aye. >> aye. >> aye. >> aye. >> aye. >> these resolutions adopted and the ordinances are passed. >> item 7 is an ordinance authorizing the department of the environment to authorize a grant from $75,000 from the california department of toxic substances control and the amending of the ordinance to reflect the addition of one grant funded position. >> this ordinance is passed. >> item 8, ordinance amending the police code for increasing the fines of would ring, pursued, concealed weapon, for certain crimes on vehicles, platforms, or bus zones of the mta. >> aye/ >> aye/ >> aye. >> aye. >> aye. >> no. >> aye. >> aye. >> aye. >> aye. >> the motion passes. >> a -- item 9. >> resolution authorizing the sheriff's department to retroactively entered into the third amendment to the agreement between the city and county of san francisco. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >>aye. >> of the item passes. >> item 10 is a resolution approving a loan through these and

. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >>aye. >> of the item passes. >> item 10 is a resolution approving a loan through these and the skin is pulled transportation association for a quality improvement. >> the motion is adopted. >> item 11, resolution adopting findings and of the california environmental quality act to extend a grant in the amount of approximately $470,000 from the u.s. environmental protection agency and the cesar chavez a sewer improvement system. >> this resolution is adopted. >> item 12, resolution adopting the fire department to enter into a 10-year agreement with presidio trust to provide fire and emergency services. >> same house, same call? the resolution is adopted. >> item 13, resolution adopting -- authorizing the fire department to enter into a 10- year agreement with the national park service to provide fire and emergency medical services to national park service managed areas within san francisco. >> this is adopted. >> item 13 -- 14, the hiring of permanent career severely and feder

commissioner moore: aye. commissioner sugaya: aye. vice president olague: aye. president miguel: no. >> motion fails on a -4 vote. -- 3-4 vote. the motion currently on the floor is for approval of all components of the case including the adoption of the ceqa finding. commissioner sugaya: yes. if that is going to be the direction the commission is taking, i'll have to vote against the motion. if you separate it out, i can vote for some of them but not for another one. so, i'm just letting you know that. >> as maker of the motion it doesn't matter to me if we -- oh, all right. well, then i guess we should separate it. well then let's do each one individually. beginning with -- unless -- commissioner borden: i i think we want to talk first. >> you want to continue talking before you make a decision? commissioner antonini: the motion is the same. what we're going to do is continue. i guess you don't care about the order -- ok. so we'd go as the order is on the -- on our calendar. commissioner borden: i just want to talk to staff about what -- prior to this point, wh

. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. there are nine ayes. >> ladies and gentlemen, the eir is finally certified. >> i understand the supervisor dufty would like to recall item 23. if you could please take your conversations outside. thank you. >> on item 23, on going to ask if we could rescind the vote and i would like to make a motion for a one-month continuance. i would like to make a motion to rescind the vote on this item. >> a motion to rescind which has been seconded. can we do this without objection? the motion passes. >> can i make a motion for a one month continuance of this item to our meeting of october 19th. >> they move and a second. without objection, this will be continued. thank you. we can now go back to general public comment. >> the next item on the agenda is the upper 24 the public to address the board on items within the subject of the board and excluding items which have been voted upon. if you would like a document to display, please request this. >> first speaker please. >> [speaking foreign langu

on the motion -- sfgov.org aye -- >> aye. >> aye. >> aye. >> aye. >> you are now at commissioners questions and matters. >> this is not necessarily a land use issue but this is a comment, how about those giants. there is nothing like a pennant race that can unite a city and there is a lot of fun. this goes on every day. >> i attended briefly an open house that was held for the general public. last evening, commissioners to guyana -- commissioner sugaya was there for the reception of the san francisco association of architectural heritage. the other thing that i would like to mention is that during the break i was in your city in had been visiting family. we took their opportunity to take some time to look at their process of turning some streets into parks and plazas into the rerouting of traffic and the instigation of bicycle lanes. we have talked to a lot of new yorkers in differing capacities. it seems pretty good for tourists. this seems pretty good for pedestrians. it is impossible for cabdrivers which is a major transit use. the biggest consternation is the fact elimination of vehicle

daly aye. cohen aye. lloyd. aye. ortiz aye. with the chairman abstaining and four ayes from the rest of the group, the item passes. item 12 was optimizing the executive director to issue the second notice to proceed under the tjpa contract 08-08-dm-000, existing terminal and rams demolition to evans brothers for hazardous materials abatement and physical demolition of the terminal, rats, and select buildings upon satisfaction of certain conditions. >> thank you. the mtp for the demolition contract -- we brought evans brothers on board. we receive a bid

>>5z chu aye daly aye know. dufty aye. mar aye. alioto-pier aye. avalos aye. campos aye. chiu. 9 ayes, one no. supervisor chiu: this motion is approved. madam clerk, please call item 31. >> item 31 was considered by the land use and economic development committee at a regular meeting ahead carried an ordinance amending the planning code. >> as we discussed last week, we passed the item back to land use, and yesterday, the committee met and decided we needed to move forward with the item we have in front of us because old state mary's is an important historic institution that is in desperate need of seismic funds and has some significant deadline's coming up such that we need to move the legislation quickly. that said, there have been some broader issues around the specific requirements for transferable development rights, and i want to let you know that item 32 waséh yesterday and will be back in land use committee next week. it is the intent of our party to move forward with the legislation to dealÑo)ñbó withf the broader issumÑñ i know a couple of you had some qu

commissioner sugaya: aye. vice president olague: aye. president miguel: aye. >> that motion passed 6-1. president miguel: so now we'll move to approve item a with the ceqa findings included. >> you actually did include it on item b which is now your first approval. i think it's fine to indicate now that they're incorporated by reference in all of your motions and there's an attachment -- >> president miguel: the actual approval is occurring after d because we're now -- we did b, we included those, we did -- right. >> so now you need to do 12-a again and your ceqa findings are in b. president miguel: ok. >> on the motion to move -- commissioner moore: could you restate that? i'm totally confused. >> the commissioner included the ceqa findings in 12-b which was the second item that you approved. the ceqa findings have to be the first item that you approve. so you rescinded 12-a because it has to come after the ceqa findings. now with the revote it will be after. commissioner moore: i should have said yes because obviously -- i am sorry. ok

>> aye. >> aye. commissioner crowley: thank you. >> we thought we wouldd< take ts weekly video out on the road. we are here at recology at the recycling center. if you ever wondered where your recyclables go, and this new mandate for composting, the new challenges and mandates around recycling, what we are trying to achieve -- it all starts right here. we just marked an important milestone in our city. i would argue important this nationn francisco has now achieved a 77% diversion rate, the highest in america. no big city can lay claim to diverting that much of their waste, and that is why that composting requirement was so important. this is why our efforts to consumption and distribution and the like of plastic water bottles is so important. it is because we want to reduce that waste going into the landfill. we want to reduce the burden on our environment. we want to create jobs. the folks on the line behind me and above me, those are folks that have employment because of these programs. we have ad

. >> chiu aye. chu aye. daly aye. dufty aye. elsbernd aye. mar aye. maxwell aye. mirkarimi aye. alioto-pier aye. avalos absent. there are nine ayes. pardon me, supervisor avalos. there are 10 ayes. commissioner chiu: i know there's at least one proclamation at 3:30, and item 19, language is still being drafted. if it is not done by 3:30, i suggest we continue to another meeting, so it week recess for now and come back at 3:30 and hopefully move forward with our business expeditiously at that time. thank you. at this time, we

. >> chiu aye. chu aye. daly aye. dufty aye. elsbernd aye. mar aye. maxwell aye. mirkarimi aye. alioto-pier aye. avalos absent. there are nine ayes. pardon me, supervisor avalos. there are 10 ayes. commissioner chiu: i know there's at least one proclamation at 3:30, and item 19, language is still being drafted. if it is not done by 3:30, i suggest we continue to another meeting, so it week recess for now and come back at 3:30 and hopefully move forward with our business expeditiously at that time. thank you. at this time, we commissioner chiu: welcome back to the board of supervisors meeting of september 21, 2010. we are here in part for our special order at 3:30. i will be presenting the commendation today to the blackrock arts foundation, and i'd like to ask of some of the representatives. the president of the board, executive director, the secretary of the board, the vice president of the board, and one of the need artists of the wonderful installation, which i will talk abou last week, i have the honor speaking at a presentation in the southeast corner of my district. the bl

all in favor, say aye. clerk: mr. president, item 12, a discussion and possible action to authorize the general manager of san francisco public utilities commission to execute on behalf of the city and county of san francisco a memorandum of agreement with the united states department of the interior, national park service, in yosemite national park, for an amount not to exceed $30 million in with a duration of five years to provide for watershed protection, collaborative environment and stewardship studies, and security for the yosemite national park watersheds that supply water to the san francisco regional water system. >> there are a couple of things that are different about this agreement. this was reconstructed around the filtration. this time, there are actually more things that we do. it is still absolutely essential. there is also the environmental stewardship component, so it is threefold. when the original agreement was signed, that was about $2.75 million per year, which was about $3.50 billion over the la

supervisor alioto-pier: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor dufty: aye. supervisor elsbernd: aye. >> there are 10 ayes. >> the resolution has been adopted. >> this ought to rise as the recreation and parks department on the value of approximately 61,000 for the training foundation to build two bocce courts on the lawn. president chiu: i would like to refer this item to committee. this involves the exceptions of a gift which i think would be a fun and free recreational use of the district. i want to thank the generosity of the laborers' union. there has been significant public conversation that i've reached done with the rest of this issue. i do understand that there is a desire for more conversation and out reached. item 40. >> the resolution urging the city planning department and redevelopment agency to develop specific protocols for ongoing collaborations with the ohlone people and other native curbs for the redevelopment of candlestick point. super president chiu: visor maxwell. supervisor maxwell: let me thank the ohlone people

. >> aye. president crowley: opposed? you guys have it. >> thank you very much. next item, michael? >> item 10, discussion of possible action to authorize the general manager of the san francisco public utilities commission to request approval from the board of supervisors to accept and expand grant funds totalingedly 9 0,000 from the united states environmental protection agency for the civic center sustainable district project to manage water, wastewater, stormwater, and other elements sustainably and to execute all required agreements. >> i do have an overhead. maroney will you be offended if i move this item? without a presentation? president crowley: nice job. >> we have no speaker cards on this item. president crowley: do we have a speaker? on the question. it's been moved and seconded. go ahead, sir. >> it would be a good idea if you all had some idea what this is about more than what your staff report says. i'm the coordinator of the mayor civic center steak holders group. i want to giv

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. this motion is approved. if you could call atoms 28-30? >> the certificate of appropriateness in order to make the president's desk accessible to persons with disabilities. item 29 is approving the certificate of appropriateness. item 30 is the motion disapproving. president chiu: why don't we open up item 28 for the public hearing, alterations to the legislative chamber. i know after the colleagues that wish to make opening comments, we have representatives from the mayor's office on disability and the public works. i want to acknowledge supervisor alioto-pier. supervisor alioto-pier: i want to think the mayor's office for all the work they have done. really the only comment i want to make is just a clarification that this is about making both the podium accessible and also making it accessible where the court sets. this will enable the board

commissioner hwang: aye. commissioner garcia: aye. commissioner goh: aye. commissioner fung: aye. the vote is 5-0, the minutes are adopted. president peterson: if you can move on to 4b. the subject property, it is appeal number 10-025. it was decided april 14, 2010. at that time, the board voted to uphold the denial of the tow firm permit with adoption of findings at a later time. president peterson: i would just like to confirm that you are able to revert -- review the video, commissioner garoh? commissioner goh: i did it, i was able to review the video and the finding. president peterson: commissioners, the department is an agreement that the appellant is not. i would like to give the appellant three minutes to address the board. >> asked me to read a prepared statement. he says, i do not agree with your findings that it poses a threat to public safety. we vehemently disagree that we have violated state and city law regulating the cartel and industries engaging in unfair and deceptive business practices. there are two parallel lawsuits against the city and county of san francisc

clerk calvillo: [roll call] there are 10 ayes. president chiu: this ordinance is passed on the first reading. item 16. clerk calvillo: item 16, the timing in standards for the comptroller to review and adjust the cigarette litter abatement fee. president chiu: colleagues, any discussion? we can take a roll call on this item. clerk calvillo: [roll call] there are 10 ayes/ president chiu: this item is passed. item 17. clerk calvillo: item 17, a management agreement for the harding park golf course. president chiu: colleagues, can we take this same house, call? this item is adopted. item 18. clerk calvillo: authorizing the department of public health to enter into contracts for out of county behavioral health services in the foster care system. president chiu: colleagues, can we take this same house, same call? it is passed. i 19. -- item 19. clerk calvillo: the planning code, rehabilitation and maintenance of transfer lots after the sale of transferral rights. president chiu: if we can proceed to item 20? clerk calvillo: mr. preside

. >> aye. >> aye. >> aye. >> aye. >> this brings you two case number-- >> we are going to take a very quick recess. >> i would like to welcome everyone back. we are now on item 13 for 640- 642 shotwell street. >> i would like to have the item continued. the package does not have enough staff analysis presented to us and basically the information we have as to why the project should be approved is left to the response to the dr request er. i don't believe that the commission should be dependent upon the response for why the prejudice to be approved. this is not to say that i am for or against that at this particular time. at this particular time, that is what i am requesting. >> is that the motion? >> i will move to continue. >> until what date? >> the 16th is the next hearing. >> the 23rd is closed. >> this will have to go to october. >> october 7th is the next available date. >> ok. >> that one need to be the date. >> >>is this your project? can you ask that we have the existing plants. -- plans? >> yes, we will. >> i would like to add that we did talk to pilar and i thought that she

those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 being in the affirmative, the rules are suspended, the bill is passed and without objection the motion to reconsider is laid on the table. the unfinished business is the question on suspending the rules and passing h.r. 4602, which the clerk will report by title. the clerk: h.r. 4602, a bill to designate the facility of the united states postal service, low cailted at 1332 sharon coughley road in sharon center, ohio, as the emil bolas post office. the speaker pro tempore: those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 being in the affirmative, the bill is passed and without objection the motion to reconsider is laid on the table. the unfinish -- unfinished business is the question on suspreending the rules and passing h.r. 5606, which the clerk will report by title. the clerk: h.r. 5606, to designate the facility of the united states postal service located at 47 south seventh street in indiana, pennsylvan

commissioner fung: aye. commissioner goh: aye. president peterson: aye. sorry. commissioner hwang: aye. >> this matter is continued to september 15. president peterson: we have a final set of findings to consider, will you call item 4c, please. >> another adoption of findings pertaining to the revocation of tax medallion and color scheme permanent. decided july 14, 2010. at that time, the board voted 4- 1 with commissioner hwang dissenting to uphold the revocation of color scheme permit and overrule the revocation of medallion on condition that said medallion be suspended for one year with adoption of findings at a later time. president peterson: the appellant does not like the findings. i don't know if anybody is here, is anybody here representing mr. hollis? they were very well apprised of this evening, i explained that if they had no objection they could come here. they do not appear to be here. >> and there is nothing in writing specific to their objections? >> she did not believe that the allegations supported the ultimate decision to suspend and rev

all those in favor, please signify by stating aye. >> aye. president crowley: the ayes have it. >> item 11. item 11 was taken off the calendar. item 12, discussion and possible action to approve the plans and specifications and award water enterprise water system and a ward harding park recycled water project in the amount of $5,251,100 to the lowest, qualified, responsible and responsive builder to construct recycled water delivery storage and pumping facilities. president crowley: ok. commissioner morlan, anything on this? commissioner moran: no. president crowley: it's been moved. >> second. president crowley: any questions? >> we have no speaker cards. president crowley: no speaker cards. ok. all those in favor of adopting number 12, please signify by saying aye. >> aye. president crowley: opposed? >> the eyes have it. >> the next item is closed session. would you like to entertain a motion to invoke privilege? president crowley: ok. i'll entertain a motion at this time. during closed session while the gallery is convened. the motion will