couple of things. i sort of sense where this is going to go, and i will probably be in the minority here. i am fully supportive of the second-floor deck. i think one could have made an argument, to a certain extent. i am not supportive of the third floor deck. it is an issue that i think creates problems, especially if it is not complying. we have had issues in the past, related to the usage of those.

i think that has given something to the property owners that is not deserved. commissioner garcia: i am not correcting you, i am asking for clarification. my understanding is the third floor deck is supposed to be built on what is now a legally nonconforming structure, but in order for them to build a deck, there is no variantce, that it would represent, because of the variants notice process that we're going through, it would represent intensification. commissioner fung: i think i know the legal language as well as you do. commissioner garcia: no, no, no -- commissioner fung: but i have also gone against variances and allowed them. commissioner garcia: i am not suggesting you are ill informed.

commissioner hwang: commissioner fung, tell me why you are opposed to that deck? commissioner fung: it is interesting, some of the comments that were made today about urban living. you hear many different stories, and you hear many different sides, depending on which side of the case you are on. my issue is in certain urban settings, one wants to allow some ability to adjust to the fact that we have zero property lines and we have a certain density and we have certain less hurt rear yard setback than other areas. -- lesser rear yard setbacks than other areas. rooftop decks are notorious for

being nuisances. not all instances, not all neighborhoods, but they have the potential. i just try to reduce that potential. >> i am trying to understand the palin's point of view. was not the top deck that was the issue? commissioner fung: it is the reverse. they accepted a higher deck, they did not want a lower. >> with all due respect, it is almost a policy statement you are making on the top deck. commissioner fung: yes, i just wanted to be a little bit consistent. i>> i appreciate your opinion as always, commissioner fung.

i would like to proceed with the motion of amending the permit to including the translucent glass . i don't know if there are further comments. commissioner garcia: my comment would be, and this is not to be argumentative with commissioner fung, any noise that is created would be created by the second floor deck, so have the third floor deck does not increase the level of potential noise. the privacy thing is always a problem for me and that -- it was an interesting point that mr. atkinson made having to do with the fact -- you don't necessarily adhere to it, but if you stand in the window and & on somebody's , that is not as intrusive as if you are sitting on a backed --

if you're sitting on a deck. i don't really see that. in an urban setting, i don't think anybody has the right to expect privacy. i don't see the privacy issue. i could see why it would be very desirable to have a deck that would afford a view that i think this will afford. i don't it will affect the privacy and i don't think it is intensification of any potential noise, so i would agree with the point made by president peterson that i would like to refer in this and focus now on the translucent glass and hammer that out. commissioner fung: thing your motion should be to uphold with conditions. president peterson: then that is the motion, please. can you specify that the translucent glass would only apply to the west side, third floor deck?

do we need any specificity as to what type of glass? >> scott sanchez, planning department. probably the lightest class possible, not dark blazing. president peterson: mr. butler, do you understand? commissioner garcia: do we need to sayu81s minimum height? president peterson: is that what the current plans reflect? the only change to the plans would be the glass on the west side, the first floor deck? and i would based on the finding that the variance is not required? commissioner fung: the interpretation. president peterson: the design

administrators interpretation. when you are ready to call that. >> to clarify, i believe the motion is from the president to uphold the permit on condition that the western wall of the first floor deck be made of translucent glass? president peterson: of the lightest grade. >> the lightest grade of translucent glass. commissioner fung: the lightest density. commissioner garcia: before you take the vote, if i may, and this is in no way prejudicial, there was a poem referred to called "the bridge builder." it is a pretty good read.

i would recommend it to anybody who is interested in what we do here. >> i agree. >> ok. again, the motion is from president peterson to uphold the permit, on condition that the western wall of the first floor deck be made of the latest density translucent glass, and with the adoption of the zoning administrator interpretation of planning code section 188. on that motion -- [roll call vote] thank you. the vote is 3-1. absent another motion, absent for votes, this permit is upheld as is. president peterson: no condition. >> no commission. commissioner garcia: do you want

to change the vote to get the condition in, on behalf of the public? -- on behalf of the appellate? v>> many people are not aware of

this building was built in 1936. as a board to preserve the history and make the students aware of that history. the partnering between sfmoma and the arts commission means they will be more aware of the artwork that we have here, the artists that painted a, and the history behind this itself. >> students came from george washington, and it was wonderful

to have them on a panel. people from the school board, those who have been painting for years, some conservative errors from the getty. to have them tell us about the works of their school was important. it represents african-american artists to during the 20's and 30's used an incredible body of work. it is one of the most incredible works of art in the city, bar none. it is a huge mural of incredible works. >> the san francisco civic arts collection has been in existence since the turn of the century. it consists of everything from monument to golden gate park to market street, other works in the collection, from the wpa era, the quite tower, the works

from the george washington high school. we have the contemporary education, where they depict some of the vocational arts that were taught at george washington high school. what is interesting is the artist's and corp. of some of the -- incorporation of some of the architectural elements. they used the speaker from the p a system as part of the design. on the opposite side of the library, we have a large fresco which depicts the academic subjects that were taught at the time. it serves as a foil to the other fresco in the library, we have academic subjects on one side, vocational subjects on the other, and result is the concept of a well-rounded education. additionally, what we plan to do is the academy of hospitality

and tourism will be part of, so the students can share with other students, faculty, the neighborhood, and others to come by and what to look to the artwork we have. >> by working with the students, we hope to raise awareness of the collection and foster stewardship. we brought diego rivera to the city. i think the wpa art work is characterized by stylized robustness and a pervasive occupation with a historical. in this panel, we have a depiction of george washington moving west. what is interesting about it is the image of lewis and clark here is in black and white,

something that is occurring in the future, painted as though it was in the past. what is interesting about it is the very obvious conclusion of slavery. the number of students were expressing unease around some of the themes. the additional mural would be placed in the school, one with more positive representation of the student body. in 1974, they completed three panels that were placed in the library -- in the lobby. they depict native, latino, asian american, and african- american heritage and culture. >> that artist was talking

about the history coming alive. that is what we want for the students here. i also think they might share that with past alumni and the community, so they could no the treasure that we have here in the schools. many people have the same experience i did when i first walked into this building three years ago, being the new principal. the grandeur of these murals is fantastic. many of the students who have come here have come here and are very proud of these murals. they're so happy that they're still here and are being preserved. >> to learn more about the civic art collection, visit

>> good afternoon, open to the full board of supervisors.

>> supervisor avalos is absent, can we have a motion to recuse him today? without objection, he shall be excused. please join me in the pledge of allegiance. >> i have no agannouncements.

>> items one through six, this is the consent calendar. >> would anyone like to separate any of the items from 1-6? please. >>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 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 federal firefighters displaced by the closure of the national park service fire station in presidio. >> this resolution is adopted. >> item 15, ordinance amending the planning code to allow new full-service and small self- service restaurants with a conditional use authorization to permit some said especially for the establishment as the right and to prohibit all large fast- food astonishment. >> this ordinances passed on the first reading. >> 16, a resolution approving and authorizing the single line relocation agreement between the san francisco. this commission and the state university to relocate existing centauries sewer and storm drain easement. >> this resolution is adopted. >> item 17-22, the committee reports. >> they considered by the rules committee in a bag of a meeting

on this day, august 5th, and 10:00 a.m. and will forward as committee reports. item 17, settlement of a lawsuit. item 17-18, salomon of a lawsuit for $245,000, i did not seen ---19, and settlement of a lawsuit for the 2011s. item 20, salomon of the lawsuit and approximately 83,000 -- segment of the lawsuit -- s ettlement of the lawsuit. >> can we take these on the

fifth reading? >> item 23 is a resolution condemning the appointment of cherly brinkman to the but of directors on attention in march, 2014. >> this is passed. >> apartment of michael garcia to the appointment ended july 1st, 2014. >> this motion is approved. >> item 25, the bremen of the john newlin to the intended commission. >> this motion is approved. >> 26-29 with considered by the services committee on a regular meeting at 10 the d a m and forecasted as reported. a resolution the german and the transfer of a general that the license also of the public

convenience. >> in house, sam colt? this is adopted. >> item 27, resolution transferring a type 20 of beer and one liquor license. >> a house, same call. >> item 28, except an expensive gift to rebuild trills and retaining walls. this is approximately one and $65,000. >> this is adopted. >> item 29, to expect an extended grant from the historical endowment in the proximate amount of five and a thousand dollars for the palace of fine arts historical

landscape and park improvement. >> the same house, same call. >> please read items 30-34. these were considered by the land use committee. they were afforded to the board as committee reports. item 30, authorizing the office of economic and work-force development to retroactively accept and expand in grant in the amount of $750,000 to plan and manage the employment program. item 31, resolution authorizing the same office to except and expend a grant in the amount of 400,000 from wal-mart to plan and manage an employment program. item 32, a resolution to retroactively except and expand a grant in the amount of $100,000 from the california public utilities commission to support the implementation of

californians low income energy efficiency program. item 33, authorization to retroactively except an expanded grant in the amount of $200,000 from the evelyn and walter haas jr. fund. >> these are adopted. item 34. >> a resolution authorizing the port commission to accept and expand a grant from the united states in fermenta protection agency in the amount of $1 million under the diesel emissions reduction act. >> same house, same call? this is adopted. now will call for introductions. -- will call for introductions. >> sadly for many families, this

is elastic of summer vacation. i am having my daughters look for items that are related to the ordinance that i am introducing today. i was horrified to find prickings bunch bob and horrible comic characters that are marketed in fast-food. today, i'm very proud to say that i hope that we can make history along with liverpool, england, in protecting the health of our children. we want to target restaurants that serve toys with happy meals.