any other disclosures. seeing none, we've we'll move on >> commissioners that is for items proposed for continuance items. for 940 grove street. this is being proposed by staff to be continued indefinitely. >> there was some interest from the project sponsor but they're not here. >> can you define what indefinitely means. >> it simply means it has to be renoticed. >> city attorney can i speak to this item real quickly give an update. >> to the item. >> yeah. real quick. basically should we continue it that is whether or not we do mr. fry and myself are going out to 940 grove on friday afternoon. the packet wasn't complete and so we moved it forward. so we will get a list of what they need to do, what items need to be put into the package and calendar it >> just to further clarify if he choose to december 4th and continue it indefinitely at that point. >> so anyone from the public wish to examine on this seeing none. >> i'll move to continue this indefinitely. >> second. >> on that motion to continue 6 indef

colleagues, any questions. seeing none, we'll open it up to public comment any public comment on this item? all right. seeing none, public comment is closed. colleagues. supervisor avalos. >> actually, i have a question i'm trying to get my memory jogged on the original contract in 2005. i wasn't on the board at the time by the way, by wasn't there something around the storage of the documents of configuration of the department elections. there was some storage elsewhere. i'm not sure that was packaged with the original contract do you recall. >> i recall the storage issue but not the specifics of that issue and how that was finally, resolved. >> i know about it. it was was it part of the original krablt or based on the storing of documents in that as i recall. you know what i'm talking about. there was no document storage there was a billed out we have a pier 48 part. there was a built out of the site >> that would have been separately from this contract for election services. >> the build out was in the contr

the commission does not allow any disruptions and please silence any days. first on your calendar commissioners is the public comment the general public may talk about agenda items with respect to the items not on the agenda. each member of the public may address the committee up to 3 minutes >> any member of the public wish to speak to any scombraund on our calendar. >> moving to directors announcements. >> gm good afternoon i'm with the department staff. the director will be joining us shortly and at the moment i don't have any comments but i'll be happy to answer any questions >> commissioners no questions. we'll move on >> the staff report and announcements. >> good afternoon, commissioners tim fry the department staff. here to a share with you a couple of items and announcements. to begin with i don't have any reports from the recent planning commissioner hearings. they've had a busy schedule but not really pertinent for the review but i'll keep my eye open for any missing third degree that maybe of are interest >> last week, we had the african-american

scott wiener. >> any questions? >> no questions. >> thank you and a any public comment? seeing none, public comment is closed. can we have a motion for this >> sure i'd like to make a recommendation for positive recommendations to the board. >> seeing no objection the motion is passed. thanks for serving again >> madam clerk item 5. >> item 5 hearing to appointing one member 2014 to the selma community advisory committee that increase with an seat. >> sir, are you here? seeing none. any public comment on this item? seeing none, public comment is closed. i actually does not know who this is but i know this is specific to south of market and the supervisor has indicated no objection to this >> i've never known this person but maybe we could make a motion. >> item forward. >> i'd like to make some comments. >> so i'm sorry, i missed what the comments were as to why the gentleman was not going to be able to be here. >> there weren't any comments nobody reached out to my office by there was no objection to the expletives south of market on the nominee. i actually know the gen

of any operating expenses. and no evidence of employee payments, or a single financial sheet showing profit and losses. tonight, miss lewis presents to you a single uhaul of documents but the question under that document, and whether or why that document was not provided earlier a lack of diligence is not a justification for a rehearing, and if she had rented a uhaul it does not prove that she used it for any operation in leavenworth and does not prove that she operated in san francisco and or what she did with that truck at all. >> more over the testimony on this is radically inconsistent and she admitted that she did not operate at all, she said to the dpw, and not only that, i did not actually sell coffee, which i didn't have to, okay? i was there, representing my business. and i didn't see anywhere, where i had to sell something because i didn't. and then, before this board, on the october hearing, counsel wrote in a brief that it was operating for 3 continuous months. this is what they argued to you. they

any questions on this part? >> any public comment on this item? seeing none, hearing none, item no. 7. >> the clerk: item 7. action item reconciliation of kaiser medicare rate. >> good afternoon, neale kosher. nice to see everyone again. i'm going to walk you through the document labeled kaiser medicare rate final rate for 2014. when we met on june 13th of this year, we stated that the medicare advantage rates for kaiser were preliminary, that we needed to get additional information brought to kaiser. they cooked the final rates and they would let you know at that time. as soon as we knew what they were and then we can talk about how we decide what to do whether they would have to be higher, the rates or lower. we always hope because of the timing and everything comes in better and there is money to be appropriated in some fashion for the cost of the rates. we finalized everything in the system. that is done to be clear on that part. so what happened was kaiser did their magic and got their final numbers and our number we posted at the 14th of jun

we doesn't have any clauses of folks who are convicted of murder. the idea around an emergency shelter is to get someone off the street >> i don't want to put words in your mouth it sound like you don't want to have that language in there. >> i'm going to leave that you to you all to decide 50i7 i've given my concerns. >> let me ask you a final question. if we don't add this blank u language would this shelter be anyless save than any other shelter on this issue >> oh, supervisor no. it would be operating in the same manner. accurate

any public comment on these items? this item is closed. >> are these trails that we passed years ago? >> no these are trails by san mateo county. >> division management and this was for easement. they manage the trail and pedestrian bicycle and people and dogs. >> any other questions, commissioners? i move the record show that it been moved and seconded. is that okay? >> all in favor say, "aye". >> aye. >> the motion carries. madam secretary. next item. 13. >> approve the terms and conditions and authorize the general manager to execute a purchase and sale agreement and any related document to facilitate the purchase of approximately 84 acres of have approved agricultural land. the date should read november 4, 2013, and we'll make that change on the final resolution. >> thank you madam secretary. commissioners? >> when were we briefed on this item before? >> it's closed section. >> that's why we can't talk about it. i knew something was closed in my mind. >> i will entertain a motion? >> i will move it. >> it's been mo

of the commissioners have any comments or additions? >> mr. chair, i would just ask, that i, i know the commissioner has a rule that abstaining is not allowed and that you have to vote up or down. and in light of the fact that this is my first appearance and i have not been able to go through all of this i would ask that there are issues that i simply would not feel comfortable. >> when we come to voting, i will ask the other commissioners if they agree, that you should be recused there are sufficient for a quorum without your vote. and i apologize without having alerted you, but they are really just, if you would turn to page 5 under the third bullet point from the bottom, the, the last line of it, i think has two and to the word handled twice, and so the matter will be handled from their own regulations. >> delete that handle. >> okay. >> on page number six, the second line at the top, and i think that is supposed to be, from, rather than form. >> okay. >> and so i just corrected that typo. >> and then on page number 1 4, and in the s

. >> and any way, thank you very much. and is there any public comment on the police report? seeing none, it is now closed. and we will move on to item five, the hearing and possible action for applications and permits. the first one is someone that is returning from last time. welcome back, barry ward doing business as ear wurm studios. >> yeah, so, this is the ear wurm studios on bryant street and have applied for a limit td live performance, this application was for extensive discussion last time. and there is some confusion on whether or not this llp was appropriate for this location. and so after we discussed further with the applicant and we reviewed the tape and had discussion with the city attorney, it is now understand that an llp is appropriate and the applicant has satisfied all of the requirements necessary. so i think that this could be a quick one, i am hoping. >> great. >> do you want to say anything mr. ward? or you are good? >> all right, any commissioner comments or questions? >> seeing none, oh, yeah. we are going to take the public comment. but commissione

any questions, colleagues? seeing none, any public comments on this issue? seeing none, public comment is closed. colleagues, can we have a motion to pass this item to the full board as a committee report? moved. no objections. motion is passed. thank you very much for being here. >> thank you. >> madam clerk, can we have item number 2. >> item 2 is a motion confirming the mayor's appointment of vivian fei tsen, term ending february 26, 2014 to the treasury island development authority board of directors. >> okay. you're used to this. >> it's great to be here, i'm very honored that the mayor has nominated me to be the treasure reer of the island authority, i've been involved in numerous specific projects in this city. i started out building affordable housing and with the first housing director of the chinatown development community over 36 years ago and i went on to do other things but i have maintained my relationship with that great neighborhood organizations for three decades and i am now the president of its board of directors, i was on the commission o

colleagues any questions? mr. avalos. >> in your opinion do you think it would be wise for the government to move $80 million into the defense budget from the human and health budgets and for hud to build houses around the country. in your opinion do you think that is a wise move? >> mr. chairman, supervisor in my opinion there are a lot of things in the federal government i would like to look at but i don't want to make a decision at this point. >> it's a small part of the federal budget and we can request that. >> mr. rose are you saying it's a matter for that? >> maybe the federal government needs a budget analyst. >> i don't disagree. colleagues any other questions? at this point we will open it up for public comment. anyone wish to comment on item four? >> supervisors my

any motion, or thoughts, commissioners? >> and i would like to move to approve however, in the conditions, the last one says that the san francisco police department shall have unrestricted access to the system for auditing and kind reporting purposes and i would like to strike that as part of the permit. and that last bit of the sentence >> so your motion is to approve the permit with all of the police conditions except for... >> the san francisco police department shall have unrestricted access to the system for auditing and crime reporting services. >> that i think means that they want access to the footage, without... yeah. >> and is there a second? >> i second. >> and all right. and any other discussion? >> all right, let's go to a vote. >> the same house same call? >> yeah. >> and okay. >> congratulations, so moved. >> awesome. >> all right, that means that it has been approved. >> so we will move on to the next it looks like dis being asked to be continued do we have to move to continue that? >> yes. >> okay. can i t

colleagues, any questions. >> i know from the being the r budget analyst report it's almost doubling the cost of the leasing and are we going to see that happen to other private property leased areas. >> a question about what the future looks like. the good news is we have purposefully worked on extending a number of leases over the last couple of years were we do a 5 year forecast and into 2015 and 16 we have fewer renewals or xieksz. i'm pleased we're not going to keep the market apace for the next 24 months we're not going to have a lot of leases up for rerenewal. >> this is a question that's more of a philosophical one. i'm curious as the nonprofits and city agencies in other areas of the city exceptionally around market they're to face the same situation can the city control the nonprofits and city agencies >> certainly a key issue a topic of conversation and probably more hearings to come. we're participating to see what the city can do whether it's any small amount of space we can make available. unfortu

, any questions. >> mr. rose to your report, please. >> members on page 12 of our report we report that the airports 13, fourteen budgets includes the services contracted with the m line company and according to the airport there is an existing $7 million agreement for up to seven years a million a major to provide the general services and it commends on june 11th. on page 13 of our report the airport obviously can't estimate the total amount of private donations for the capital improvement promotion. the amount of the funds endured will likely advisor in accordance with the airport capital improvement will have a spate account within the fund. and feinstein on page 1315 as indicated we ask you amend the ordinance on page 9 and 10 to change the airport frequency reporting from quarterly to annual we think annual would be sufficient and quarterly is not needed and specify those reports of the sources and da donations received. we recommend you change the approval of resolution of any donations to be inconsist

thank you in the meantime any any public comment? seeing none, public comment is closed. yep. yes >> it probably would be best for paul scioto speak at this time because it was not an agenda item it's only an informational report back to the commissioners so - >> pardon me mr. scott. >> thank you, commissioner. as many of you may know there's a fire at the case he will there was a torch on the roof. but there's a story about it in the paper i don't know how many details argue interested in are i want to let u.s. you know we're open it and we've had numerous people on the site to inspect it to try to maintain the materials to have a complete picture how to rebuild and but i knew this would be of concern to you folks. i wanted to check in with you. we've provided some pictures to the planning staff i assume it will show you the condition of the roof and we'll be taking spepz steps to put that back together. we've got enough information from the materials we have to rebuild it exactly as it was. that's the plan. the only other thing i wanted to add in our last visit that was a di

any comments from board members? did i lose >> i have some comments. >> wait i think we just lost quorum. in terms of go ahead >> first of all, i want to have my name added as a sponsor i'm extremely commented to this and it's important for our school nutrition program this is just in keeping iowa we want to do and that will have a huge impact on students. it's been what i understand from talking to the student nutrition managers i appreciate what ms. solomon said but we haven't had a big problem this is a better way to address the issue of managing food in the classrooms it's a given period of time people clean up together so we need to pay attention to that but so far it's not a problem. i want my name on the resolution >> i'd be happy to add your name. >> thank you, president norton. i concur with the commissioners all of us should support this effort and at the for bringing this forward >> thank you. i just - is there any other comments from board members. >> i wanted to acknowledge the contributions of ms. lee a

. >> any other comments? >> at any time you have additional thoughts please share with me. not to put you in the spot, but i have collected comments as to rates and we are working on those various ideas affordability and payer outreach as well. >> vice-president caen? >> have we looked at putting on another tier? >> we have looked at that and we have a tier in the previous cycle and decided to make just two tiers on water. >> most of our comparison just do on water and not for sewer and that makes us unique that way. we can consider it but most of our water consumption is because folks use water so wisely here in san francisco, most of our usage is tier one and tier two of neighboring jurisdictions. by having two tiers water and sewer, we are doing pretty well by it. >> my thought is if you go up to tier 3 that's your fault that you are up there. it's a nice way to make more money. >> yeah. a good thought that are you in tier three because of a 5-person family. the last time we visited this issue, that third tier we heard from san francisco families and we'll look at that a

. >> any other questions? >> would you be opposed to at least have the communication with you know the head of security of the hotels, in case you do get a complaint that they can call you. >> absolutely. no complaint with that and no reservations with that. we do have them as part of this. >> so that they can call you directly rather than go through the police. >> and absolutely, and we can coordinate that with the four seasons and i can check in with the other hotel and we can coordinate through the area, with just a few others right there. >> but, the names escape me. >> commissioner campagnoli? >> thank you. and so you do have some ten bs? >> yes. >> you are hiring, could i ask how many? >> that is yet to be agreed upon is what it boils down to, the station itself is making the assessment and going to let us know what we are going to have on site. >> you have met with them? >> yes. i am here for the sound permit, for the after hours sound permit but there has been a variety of different portions of this, a

aye. >> any nays? there being none, congratulations madame vice president. >> thank you. >> the chair will entertain motions for president of the commission. mr. moran. >> it would be my pleasure to nominate the current vice president courtney to be our president for the next year. >> second? >> second. >> any discussion? all those in favor, signify by saying aye? >> aye. >> opposed? there being none, congratulations, mr. president, you can take over now. [ laughter ] [ applause ] >> mr. president, commissioner caen. >> i would like to make some comments about your outgoing president. you know, it's really been quite a thrill to work under art torres. he has a certain style about him, a wonderful management style, laced with humor, and it's been an honor and i thank you for your service, art. >> thank you very much, ann, it's been a pleasure serving in this capacity with you as well. any other comments from the commissioners? seeing none, call for public comment? dr. jackson. >> good afternoon again. i

any public comment? >> commissioners is there any comment. >> i have a comment i am happy that you get your ppa letter from planning and i like how you are lining up your ducks there, and especially with the other two lots, and they are all going to come under the same environmental review and that is the real smart way of doing it. and otherwise, you have environmental done for one and you end up having to do and start the other one three years from now which drags everything out. and yeah, i think that it is coming along pretty nice and also, kutos, to the renting department for getting the new, tenants in there and getting the money and keep the money coming in, and that is also very good. and so, that is, and that concludes my comments. >> and thank you. >> and thank you for the presentation, by the way. >> thank you. >> and thank you. >> thank you, that presentation was very clear and exciting to see everything moving forward and i am also impressed of getting all of the different city agency to coo

thank you >> any other questions. >> i don't see any. >> i'm sorry to keep you waiting. >> no problem. let me call now the applicants in the order that i see (calling names) >> good afternoon, members of the rules committee i'm shawn. thank you very much for correcting me >> i'm an attorney i have 15 years of experience in the practice of law mostly in civil litigation and a business law. i also served as an arrest warrant trart so i have experience in ruling on matters. i'm a native of san francisco and i have an interest in serving the community and basically giving back to the city i love and want to see it grow. and i'm interested in serving on the committee. i've applied before so that would definitely show any level of interest in serving. thank you for your time >> thank you. next one up is christen nelson. and thank you, mr. rick for making a brief statement (laughter) >> good does that mean i can respeak. >> i'm interested in the appeal board. i value being active in the community and i also have a lot of experience in real estate and i thought the assessment board would be g

the first thing is any public comment? this is for anything that say you feel protons to the business of the entertainment commission. seeing none, public comment is closed. moving on to item 2 is the rough and approval of minutes november filth. commissioners i don't know if you have any changes to make if not happy to entertain a motion >> i move to approve. >> second. >> audrey joseph is there any public comment from the minutes of this last meeting. seeing none, supervisor hiding. audrey joseph. barbara campagnoli. item 3 report from our executive director take it away director king >> good evening i will make this short. hello. i'm going to mix this up. and talk about something we talked about latin last night. a buff of us went to the lesion project and the heritage sf a nonprofit they added writing to new bars and restaurants to their program and we assisted in putting the event go together last time. it was full probable 50 or 60 people. there were owners felt legacy bar that showed up. some of you might know this

this would be in any way binding or changing of the law. no supervisor. simply a

we ask you move this forward and happy to answer any questions you may have >> colleagues, any questions. supervisor avalos. yes, thank you for your prevention. there was a lawsuit that was done by s and s trucking to the city and i believe it was based on it has been resolved because we got the contract and i heard the concerns about s and s not paying prevailing wage and their truckers are dependent contractors. i'm wondering what assures we have that this company is meeting the standards we have as a city. so we have s and s truck but we have ron to talk specifically about this line >> supervisor ron from the city attorney's office. the first one was about a lawsuit there wasn't a lawsuit at first, it came to the board to be approved and that does not get approved and a s and s sued and under the charter provision 918 b this cowered had no authority. this extension would put it it above the authority so the lawsuit is an old matter. as for praefl wages at the time the contract was under 21 c 5 for hall and a sludge and it required that the employees be paid praefl wages. the law chang

we are able to answer any questions that you may have. >> mr. corbin, the, the permits are there special conditions related to them in terms of (inaudible). >> yes, there are. when someone applied for these types of permit, they will tell us that the dates, that the durations that they plan to occupy and the scope of the occupation and what equipment they plan on putting out there and specifically temporary, and for the short term operations and no more than a day, or five days maximum. and in this case, the application was very specific that they were going to have some out there and they were going to have a chipper out there and they were going to have the certain equipment as it relates to the tree trimming or removal. and that would allow with the traffic control and that was the scope of the permit application. >> what do you mean by the traffic control? >> usually in these kinds of cases cones, and construction signage and things like that. >> is it required personnel? >> that, the, the requirement as it relates to the possible flag as be

i'm you available for any questions you have >> colleagues, any questions? all right. thank you very much mr. rose >> yes. mr. chair on page want 9 hundred 65 uses of fund under this service grant agreement between the dph and the state is shown in table two on page 5 and that includes the 2 hundred and 71 thousand plus for a .8 fte program coordinator repossession. we recommend you approve this >> colleagues, any questions for mr. rose. >> okay seeing none. why don't we go to public comment is there anyone from the public that would like to speak? >> on item one. >> hello supervisors i'm jerald banks. i'm one of the lucky ones i guess you can say utilize and really get a lot out of the program through the vocal. i went on disability for stress and other things i went through as a eternal and it didn't effect me until years later. so i'm lucky enough to go through an agency citywide they're helping me to get back into the job pool. when it did they help me with resumes. they helped me to find a way in all united states community activities in my neighborhood focus on t

any questions or concerns? supervisor breed >> i wanted to make sure i was clear on the purchase of the resolution. so based on proposition c one of the requirements in proportion c was to put together this - those particular spelled out groups on the open space advisory committee there's a lot. you know, i guess i'm just wondering how is anything going to get done those are organized groups in various capacity so i'm trying to understand with so many groups requiring involvement on the open space advisory committee how is anything effectively going to get done >> so the membership itself the purchase of this is to not necessarily have more members. this is - this legislation was done a long time ago so different members have been involved with those issues. so you want to make sure there's an opportunity for people involved in those organizations have a possibility to be on proz prozac. what did you mean? >> i'm confused sorry. >> jump in. >> proposition c required the city to create the commission and after t

>> yes. >> okay, thank you. >> thank you, any other questions? seeing none, any public comments? come on up. hi, erica. >> good afternoon, supervisors, my name is erica and i'm the coordinator for the san francisco child care planning and advisory council, on behalf of cpac, i would like to say that deepa mehta comes highly recommended, as program coordinator for glides, toddler, preschool and after school program, her voice is unique. most of our other child care provider seats represent a family child care home or an after school program but with deepa, we get a 3 in 1, it's not only a diversity of age groups but ethnicities and as a family resource center, her voice also represents a program that's connected to services for the entire family. deepa was previously filling in for someone who had resigned so this would be her first opportunity for the full term, cpac has a diversity of stakeholders but we strive to have a diversity among our own membership, she is the only cpac member who is east indian and is one of our youngest members, she has regularly attended our cpac membe

any other disclosures. seeing none, we've we'll move on >> commissioners that is for items proposed for continuance items. for 940 grove street. this is being proposed by staff to be continued indefinitely. >> there was some interest from the project sponsor but they're not here. >> can you define what indefinitely means. >> it simply means it has to be renoticed. >> city attorney can i speak to this item real quickly give an update. >> to the item. >> yeah. real quick. basically should we continue it that is whether or not we do mr. fry and myself are going out to 940 grove

park building or any portion of a park because of the content or viewpoint of any 1st amendment protected activity in the park or building. >> very good. thank you. i'm thinking of we've had a lot of demonstration most recently in 2011 that lasted days in our parks and those were consistent with 1st amendment rights and people were asserting their 1st amendment rights by rights to assembly of the occupied movement. >> thank you supervisor avalos. supervisor wiener. >> i will second the amendment. i think it makes a lot of sense. it would create a lot of confusion. it would make a lot of sense to cross-reference the section. >> thank you, colleagues, can we take that amendment without objection? thank you. supervisor kim? >> thank you, i actually want to suggest another amendment. i have been told that this is not an anti-homeless initiative. for that reason, on page 3, under subsection d. online 5 and 6, we keep the park hours but shall be subject to the penalty setforth in the park article 10 and i want to pet put put with the exception of sleeping violation. this is a point that i forgo

am i making any sense? >> yes. >> so, you can be very -- say we're very clear that, you know, we are not supporting the zoning referral fee and, so, therefore want to amend the legislation. and if that can't be done, then to have staff work with the planning department to see about eliminating the zoning referral fee on an administrative side. >> commissioner o'brien. >> well, i think you kind of played into what i was going to comment on. i kind of agree with commissioner dooley. kind of an absolute is not a good way to go. rearguely, i think as commissioner dwight alluded to, we just don't have the information that we need. it could be the planning department would come in here and convince us, oh, this is absolutely fair fee because it's so small. and, yeah, we should go forward for it. we don't know enough to make a decision on it. that's my personal opinion. i can agree with commissioner dooley on that point we should not say a prohibition. i think if i understand what you're saying is we're approving

if you have any questions or comments. >> we have any commissioner comments? >> presentation to the council district merchants we were of our group was henry from that group so that we've already done some outreach to small business and just wanted you to be aware of that too for however you respond to this issue. >> commissioner dooley. >> i want to thank you for your presentation. it was really informative and i think your recommendations seem really valid and serve both the businesses and disability community so thank you for your work. >> commissioner o'brien. >> i'd agree. thank you for your presentation. i have a couple thins to say. one, i am a victim of getting a green zone for the purposes of giving temporary parking for three different businesses operating out of that building. within a week a relatively close neighbor saw a golden opportunity and used it to park her car there between street cleanings which occurred once a week and i didn't appreciate the outcome that happened after all the trouble we went to get the green zone. she graciously come t