supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are 11 ayes. president chiu: these ordinances are finally passed. items seven through 18 constitute the upcoming budget. >> items 7 through 8 are the positions in the annual budget, and appropriation ordinance for the fiscal year ending june 2012. aiken's 9218 of the legislation associated with implementation of the -- items 9 through 18 of the legislation are associated with implementation of the budget. i contend increases fees for non-residents and tournaments at parks and golf courses. item 12 designate this weekend hours. item 14 is the ordinance increasing all fees based on the controller's consumer price index. there are fee amounts set for applications for planning commission, certificates of appropriateness, and building permits. item 16 sets the patient waits for the department of public health. item 17 modifies monthly and daily fees for construct

avalos aye. campos aye. chiu aye. chu aye. cohen aye. farrell aye. kim aye. there are 10 ayes. supervisor chiu: this ordinance is finally passed. >> item 38 is from the land use and economic development committee without recommendation. an ordinance amending the planning took to establish the presidio-setter special use district for property located at 800 presidio ave. supervisor mirkarimi: thank you, mr. president. i want to thank supervisor farrell for his leadership in this community and helping try to strike the right balance. last week, it should not be lost on any of us that it was an extraordinary discussion because the first time the board had entertained both an appeal on a cu and eir and special east district all at the same time period has not happened in all the years i have been here. to the effect of why i have spoke out when i was surprised to learn about the jim usage. i have had now a fair amount of meetings with booker t.. i have stressed that i think it is important that the gymnasium, which is private, be a community asset and be retained for community asse

campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. there are 11 ayes. supervisor chiu: these ordinances are finally passed. >> item 7, motion adopted findings related to the appeal of the planning commission approved a conditional use application on property located at 800 presidio ave. on item seven, farrell aye. kim aye. mar aye. mirkarimi aye. wiener aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. there are 11 ayes. supervisor chiu: this motion is approved. item eight. >> item 8 is a charter amendment third draft regarding city retirement and health-care benefits. supervisor elsbernd: thank you. today, i rise to offer an amendment that has been distributed to all of you. frankly, it is an amendment i had hoped not to have to make. this is an amendment that will if adopted and if we send this item to the electorate, will make abundantly clear to the electorate that they have a clear choice. this is clarifying language to ensure that the very difficult issue to understand, very complicated issue to understand will be presented

president chiu, aye. supervisor chui, aye. supervisor cohen, aye. supervisor aye, aye. supervisor farrell, aye. supervisor mirkarimi, aye. supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. there are 11 ayes. >> president chiu: item 29. >> the resolution approving the feeder agreement for -- between the city and county of san francisco and the bay area rapid transit district for payment of transferred tips. >> i would like to ask someone from the mta to come forward. i have a number of questions about the disagreement. i thank you for being here. i understand the importance of trying to get this agreement done. this is the concern i have. at some point the agreement that was in place between bart and the mta took into account the number of trips taken in the system and use that for the basis of reimbursement that the mta received. from a public policy standpoint, it makes sense you would have the nexus. at some point that was no longer the basis for the agreement. i'm trying to understand why we are going into an agreement that does not rely on that

aye. aye. aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. aye. >> aye. >> item 5 is affirming the determination of the at&t light speed upgrade is exempt from environmental review. item 6 is reversing determination by the planning department that this is exempt from review. item seven is a motion directing the clerk of the board to prepare fides reversing the exemption determination by the planning department. >> i would like to move this to later in the agenda to the call of the chair. >> is are any objection? of ththe items related to the upcoming budget. >> item 8 and 9 are the consolidated budget and appropriations for all expenditures. for the enterprise department for fiscal year ending june 30th, 2012 and 2013. items 10 through 26 are fees assisted with the budget. item 10 is an ordinance amending the code. item 11, and ending the park code to approve special promotions, increase fees, and designate week stay and weekday hours. items 12, 13, 14 are items amending the park code designating weekday and weekend hours. item 15 is the ordi

supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are 11 ayes. president chiu: these resolutions are adopted. >> the move meant to urge the fda to ban all tobacco products. on item 46, supervisor chu. supervisor chu: no. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor wiener: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are 10 ayes, 1 no. the next is to reconsider the abandonment of shifting credit card merchant charges to the city cabdrivers. supervisor campos: colleagues, i would ask for your support of this resolution which urges the mta board of directors to reconsider its decision to pass on to cabdrivers' credit-card fee is when a person pays for the credit card. we heard from a number of taxi drivers today. i want to note that yesterday the taxi cab advisory council voted against passing these fees onto drivers. taxi drivers had only had a 1 25 cent per rise increase in the past five years. we have

. >> on item 31, farrell aye. kim aye. mar aye. wiener aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. there are 10 ayes. supervisor chiu: the motion is approved. item 32. >> item 32 is a motion appointing john avalos to the association of bay area governments executive board. supervisor chiu: colleagues, can we have a motion to excuse supervisor avalos? without objection, he shall be excused. roll-call vote. >> on item 32, farrell aye. kim aye. mar aye. mirkarimi aye. wiener aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. there are 10 ayes. supervisor chiu: this motion is approved. >> item 33, motion appointing supervisor error mar -- eric mar as an alternate member to the association of bay area governments executive board. supervisor chiu: motion to excuse supervisor mar. without objection, he shall be excused. roll-call vote. >> on item 33, farrell aye. kim aye. mirkarimi aye. wiener aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. there are 10 ayes. supervisor chiu: this motion is approved. item 34? >> item 34

supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: no. supervisor campos: no. president chiu: aye. >> there are nine ayes and two nos. president chiu: this resolution is adopted. item 22. >> resolution approving the united school district expenditure plan for the public education in richmond found. -- in richmond fund. -- enrichment fund. supervisor cohen: aye. supervisor chu: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mirkarimi: aye. supervisor mar: aye. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are 11 ayes. president chiu: this resolution is adopted. items 23 and 24 are related to continental airlines. >> item 23 approves execution of modification number 6 of the 1981 airline airport lease to provide a retroactive rent credit for terminal round of exclusive use space but it did in terminal one. 24 authorizes the execution of modification one with continental airlines to modify the desired premises by eliminatio

supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are 11 ayes. president chiu: this resolution is adopted. items 23 and 24 are related to continental airlines. >> item 23 approves execution of modification number 6 of the 1981 airline airport lease to provide a retroactive rent credit for terminal round of exclusive use space but it did in terminal one. 24 authorizes the execution of modification one with continental airlines to modify the desired premises by elimination of exclusive use space in terminal one. president chiu: same house and call? these resolutions are adopted. >> item 25, authorizing the general manager of the public utilities commission to execute sewer system improvement for an amount not to exceed $150 million with a term of up to 15 years. president chiu: same house and call? this resolution is adopted. >> item 26, approving the issuance and sale of tax-exempt bonds in the aggregate principal amount not to exceed $11 million to finance various capital facilities owned or leased by children's day school. president chiu: same h

supervisor cohen, aye. supervisor elsbernd, aye. supervisor farrell, aye. supervisor kim, aye. supervisor mar, aye. supervisor mirkarimi, aye. supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. >> president chiu: this is passed on the first reading. 38. >> authorizing vintage signs and making environmental findings. >> president chiu: same house, same call? this is passed on the first reading. item 39. >>same house, same call? this is passed on the first reading. item 40. >> amending the general plan by amending the community safety element to reference the most recent hazard mitigation plan. >> president chiu: same house, same call? this is passed on the first reading. >> approving the jurisdictional transfer, on phelan avenue. >> president chiu: same house, same call? this resolution is adopted. 42. >> moshin submitted to the voters an ordinance amending article one of the conduct code to modify registration and disclosure requirements for campaign consultants at an election to be held on november 8, 2011. >> president chiu: same house, same call? this it

supervisor kim: aye. supervisor mar: aye. supervisor mirkarimi: aye. supervisor weiner: aye. supervisor avalos: no. supervisor campos: no. supervisor chu: aye. >> there are eight ayes and thre nos. supervisor kim: i just had a quick question for ms. bowes, an issue that came up. the question was about visibility from the windows if there is wraparound advertising. this is a question i asked the budget committee that came up through some of our constituents. >> that has been a repetitive question from the public and public safety officials concerned about looking out. while it is not exactly the same as a non-wrapped window, staff have confirmed it does not stop the visual impact of looking in and out. however is not as clear as an unwrapped window. we will assess this over the year and if the review indicates we are having significant problems about this, we will come back to you with that information. but it does raise concerns about that. supervisor kim: thank you. supervisor campos: through the chair, if i may, to the mta -- thank you, ms. bowes for your hard work on this.

. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> aye. >> you are now on public comment. i see no speaker cards. >> we're closing the meeting in the memory of linda avery, anthony -- , and robert pender. thank you. the meeting is adjourned.

aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye.ervisor kim: aye. supervisor mar: no. supervisor mirkarimi: no. supervisor weiner: aye. supervisor avalos: no. supervisor campos: no. >> there are seven ayes and four nos. president chiu: this charter amendment is submitted. colleagues, why don't we now go back to the items related to at&t, which are items 5 through 7? madam clerk, please call those items. >> we have already called those items. president chiu: we had a little bit of a continuance earlier today because the department of public works was engaged in a conversation with at&t and four members of the board if there is someone from the dpw who could summarize your conversations? >> president and members of the board of supervisors, i am from the department of public works. the department has been reviewing the memorandum of understanding between at&t and public works related to additional commitments by at&t for the approval of a certain amount of facilities. at this point, we are happy with the proposed additional commitment

>> aye. >> commissioner borden? >> aye. >> commissioner fong? >> aye. >> commissioner sugaya? >> aye. >> commissioner miguel? >> aye. >> and president olague? >> aye. >> it passes unanimous, 6-0 and now on item 11, 10.o 1028-c for 2424 mission street, request for conditional use authorization. on may 19, 2011 following public testimony, the commission continued this item to july 7, 2011, to allow continued conversations with the community. public hearing remains open. >> good afternoon, president olague, members of the commission, tom wem, planning staff, reporting the proposeed exception at 2124 mission street. the reason for the continuing this from may 19 was because a member from outer mission merchants and the residents association expressed some concerns to the project because they alluded to an independent, erotic massage website that advertised another massage franchise operated by the project sponsor in citrus heights, california. and after the initial hearing, the project sponsor made their due diligence and contacted the aforementioned website and requested a clarif

supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd aye. there are 11 ayes.nt chiu: those resolutions are adopted. >> this is a resolution commending the octagon house. >> thank you, colleagues. this is for a historic landmark in my district. it was built in 1861 for the mcelroy family that lived there until the late 1800's. it is designated as a landmark. it was added to the national register of historic places in 1972. tomorrow, we are celebrating its 150th anniversary. i look forward to presenting the certificate to them tomorrow. >> can we take this item? without objection, this resolution is adopted. my apology -- >> mycology's really quick. i do have a technical amendments. i need a motion to adopt the as chemical armaments. >> this is seconded by supervisor campos. without objection. that shall be the case. we will take the underlying resolution as amended. without objection, this resolution is adopted. madam clark, could you please read today's in memoriams. >> on behalf of supervisor elsbernd, on behalf of war powers and dennis. >> is there any more

supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd aye. there are 11 ayes.nt chiu: those resolutions are adopted. >> this is a resolution commending the octagon house.

supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd aye. there are 11 ayes.nt chiu: those resolutions

on the motion, -- >> aye. >> aye. >> aye. >> aye. >> aye. >> the vote is 5-0. the permit as of health. >> we have item 5b to grapple with. >> we have a filly to prosecute, we can dismiss. the appellant did not show. we heard from mr. duffy that the department is to do something with the permit and can provoke it. i am satisfied with that. >> if you choose to overturn the department, the pilot would have -- >> my concern about this is that this would be the one-year statute that they cannot be applied. it seems cleaner since we have heard from mr. duffy then they need to do something with the apartment. i don't know if that is agreeable to the other commissioners? >> i will make a motion. >> might give the permit holder an opportunity to speak. >> certainly. >> my comment is that it is not our intention to do any more work than is permitted. there is a separate permit under this application for the heaters in unit 358. there is at least one other permit that has been pulled under this application. we have been working within the rules, even though the applicatio

commissioner antonini: aye. president miguel: aye. president olague: aye. . that motion passes unanimously, which places us on the consent calendar. these are items deemed to be a routine by the planning commission and will be acted on by a single roll call vote. there will not be any discussion amongst the public so requests. i have only one item under consent and i have three speaker cards for item barack. 2011.0415c. president olague: seen that the have three cards on this item, we are going to go ahead and pull it and hear it at this time. >> good afternoon, members of the commission. the request before you is conditional use authorization for procter to establish a restaurant -- authorization to establish a restaurant. it closed at its van ness avenue location in 2011. it was displaced due to the expansion of the california medical center. while the polk street neighborhood district hosts a number of restaurants, the relocation would not result in a net increase in the number of restaurants in the area. it should be noted be location is currently vacant,