the board welcomes your comments and suggestions. there are customer satisfaction survey forms on the left side of the podium. if you have questions about requesting a rehearing, please speak to board staff during the break or call the board office tomorrow morning. the board offices located at 1650 mission street, room 304. this meeting is broadcast live on san francisco government television, sfgtv. dvd's of this meeting are available per -- for purchase directly from sfgtv. at this point, we will conduct our swearing in process. if you intend to testify at any of tonight's hearing, please stand and raise your right hand and say i do after you have been sworn in. please note that any member of the public may speak without taking this both pursuant to their rights under the sun shine ordinance in the administrative code. thank you. do you solemnly swear or affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? >> i do. >> thank you. >> we have one housekeeping item. it is an app

over the last eight years, the board has advised u.s. government on best practices and policy approaches for the -- for research communication, personnel reliability standards, codes of conduct and international engagement for issues associated with durc. the board is recognized a good policy needs to protect us from scientific misuse and protect the scientific enterprise from being overburdened with unnecessary regulation. both are essential for our country to be safe, productive and to remain a global leader. the national science advisory board for biosecurity is comprised of well respected scientists, lawyers, infectious disease experts, scientific editors and public health experts. we have an eight-year track record of protecting academic freedom while seeking policy recommendations that will minimize the misuse of biological sciences research. with that in mind, recognize the significance for the board's unanimously recommended against the publication two of scientific papers in november of 2011 due to their potential to be misused.

government policy, the board shifted its position. in my opinion, the split vote is highly significant and signals that the board still believes that there is great potential for misuse of information generated by these types of experiments. the majority of the board members vote forward publication but they were clearly still troubled by thissy is search and its potential to be misused. it is fair to say the board believes that these types of experiments will arise again and that these issues are not fully settled. as one board member noted, we have only kicked this can down the road and we'll be dealing with it again in the future. it is critical that we establish policy that intensely monitors high potential durc research from kradle to grave in order to protect us from misuse, but also to free low potential durc research from onerous regulations. we must be careful we don't destroy the enterprise as we protect against a misuse of some research. thank you. >> thanks very much, dr. keim. let me ask you while the phrase is in my mind.

the board approved one director. in the matter a faz vers -- of fz, the board authorized a settlement of $25,000. in a matter of -- versus sfusd, the board authorized a $25,000 section statutory offer. in the matter of aeg vs. sfusd, the board authorized a settlement of $46,000. item u. >> before you go further, some of us have announcements. president yee: why don't we do that right now? thank you for reminding me. any announcements for committee meetings and so forth? commissioner maufas: -- commissioner mendoza: we were just returning from washington, d.c. some of us have received an implementation grant, or a planning grant, and several of us went to washington to meet with geoffrey canada and others. i just wanted to acknowledge that carlos garcia, our superintendent, was honored at the event because he was retiring and stepping down for the council. i want to remind people that all of our high school students will be going to three sites, most of whom will be going to city college. those who have not registered

>> this is really up to the board. e have been working with everyone out here to try to get something through today, so that supervisor campos can bring it to the m.t.c. there are time lines that we were trying to me to make this happen. it is in the hands of the board in terms of timing. >> just so i am clear with what happened here, it sounds like the budget that we have was uniquely created it for just the use of the low income pass. and there was not even an attempt to offer up -- >> the budget was built based on a number of assumptions in terms of sunday parking. i made the proposal to balance the budget, i did not propose a balanced budget, with extra encase the board did not want to go with sunday parking. i made assumptions based on what i thought -- but the group of revenue and expenditure items were. this is the decision of the board. if the board wants to change this -- we can go back on the 17th and call a special meeting and come back before the end of the month. so if the board wants to make adjustments th

members of the board, members of the public, and staff. happy to start off the meeting recognizing some of the staff of the mta. i want to start by asking david kim to step forward. david is an accountant. he has been with the agency for five years. the work he does is a little bit behind the scenes, but it is part of what enables us to do and deliver capital projects. he does fund incumbrances, he analyzes policies, reimbursement. when we get a grant from a federal or state government, it is not until we invoice it that we actually get the money. very important step in the process. he also serves as a mentor and our accounting intern program. very importantly, he has documented accounting procedures. it helps make sure that we comply and are consistent in their application of the accounting rules. it is important for audit purposes. he has been identified as someone who demonstrates his dedication and commitment to the agency. operating and delivering our grant fund capital projects according to the best practices out there. i want to con

i presently set on the board for health matters and education. i was the only teacher on the content advisory panel for the state an amount -- and the only board certified teacher of health at san francisco unified. i was very disheartened when i found that health was removed from the elementary report card. when i was in the classroom, it was still there. i am -- i am appreciative that the board is considering passing this amendment to the health education policy, as well as looking further into health education for all of our students into san francisco unified. it is a priority, as i said for myself and for many people. it is especially important for our students. i very quickly want to say that i want to continue my job, even though there is no funding for me as an elementary gsa and health. but i want to continue doing the work providing professional development for the teachers, spearheading the health advocate program, providing assistance to the schools and their communities. i hope you will consider this. thank you. [applause] >> good eve

>> welcome to the meeting of the san francisco board of appeals. the presiding officer this evening is michael garcia. joining him is -- to my left is the deputy city attorney. she will provide the board with any legal advice this evening. i am the board's executive director. we are joined this evening by representatives from the city departments to have cases before us. they are here representing the environmental help regulatory program of the department of public health. at this time, if you would please go over the meeting guidelines. >> the board request that you turn off all cell phones and pagers. please carry on conversations in the hallway. the board's rules of presentation are as follows. appellants, permit holders, and department representatives have seven minutes to present their cases and three minutes for rebuttal. people affiliated with these parties must include their comments within the seven or three-minute periods. members of the public not affiliated with the party have up to three minutes each to address the board. the number of

welcome to the san francisco board of supervisors meeting for april 17, 2012. happy tax day. could you please call the roll? >> [roll-call] mr. president, there is a quorum. president chiu: supervisor olague has asked us if we could it excuse her absence. could you please join me in the pledge of allegiance. >> i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation, under god, indivisible with liberty and justice for all. president chiu: we have the march 13 minutes. can i have a motion for approval? without objection, those minutes are proved. you have any communications? >> i have no communications. the agenda -- if a member wants to consider an -- an item removed. president chiu: roll-call vote? >> on the consent agenda -- [roll-call] president chiu: these ordinances are passed and the next item -- no. 15. >> various sections in the planning code regarding eating and drinking establishment definitions and controls. president chiu: can we do this, same house, same call. without objection, this ordinance is passed. >

i want to thank the board of trustees, the board of directors, the mta. thank you for your great leadership on this, as well. thank you. [applause] >> thank you, mr. ma. yor. he has been a steadfast supporter of this from its inception. the board president who happens to represent this the district has also been a strong supporter of this project from the start. i want to remind folks that every single action that the board of supervisors has ever taken with respect to the central subway has been approved on an 11-0 vote. there's not a whole lot of things we could say sail through with that type of track record. it speaks to the city wide importance of the central subway. it brings very specific benefits and very specific impacts to this neighborhood here. the board president and his role as district supervisor has been very focused on making sure that we do do the right thing, that we did the right thing in relocating tenants. i just want to acknowledge our real estate director, the city attorney's office, and our program manager. they all worked very ha

>> i am a member of the board of trustees at grace cathedral. chris cathedral is the center of a vibrant religious, spiritual, and cultural and artistic life, with various activities occurring through the day and week. we are located directly across the street from the masonic center. we consistently have adapted to the concerns and needs of the surrounding neighborhood. the grace commission -- grace cathedral does not take the position on whether to expand the operations of the masonic opportunity -- masonic auditorium. we do oppose converting the seats. we suggest the planning department incorporate conditions of approval to ensure there is no adverse affect on the neighborhood. these are things like we want there to be procedures for neighborhood reporting of complaints and problems. we want there to be a process for resolution. we wanted to be a monetary -- we want there to be monetary conditions if there are violations. this should be contractually enforceable. we strongly oppose the removal of existing seeding permitting general admission.

the board decided this was like food. in this case, they are suggesting that because of the way the coffee bean is provided, it is unlike other coffee, which is not established within the dpw order of the determination of a like food, nor does it match previous decisions coming from this body. we request the board of hold your decision and not provide a rehearing in this case. thank you. vice president hwang: i have a question for you. the information provided by the requestor -- i do not know if you have your packet up there. >> i do not. vice president hwang: it says protest denial of dpw hearing and permit appeals. you might have this text already memorized. encircled and highlighted for us to look at is something the hearing officer may consider, which is "like food shall take into consideration the ethnicity of the food and the composition of each menu, as well as other issues deemed relevant, do determine whether a conflict exists." a coffee cart should not significantly affect a traditional diner just because it als

they will continue to go to the oversight board. the oversight board's role is fiduciary. if there is a funding of a project with new increment or modification of a loan agreement based on tax modifications, that would have to go back, first through our loan committee process. there are a number of enforceable housing obligations in this transition. the director talked a little bit about the redevelopment project areas. within those approved project areas, there are current and foreseeable obligations that are related to affordable housing. all of those contracts were identified to the state as on going eforcable contracts. there are additional costs in the recognize obligation payment schedules as well as other housing transaction costs. one of the processes, in addition to the approved projects top the recognized obligation payments provided for the replacement of housing loss during the early part of redevelopment. in addition to the 3 approved redevelopment projects, the fourth major activity that the oversight board submitted to the state was the replacement housing o

. >> >> thank you, members of the board. the ultimate issue, it does the 2002 certificates of use create any new fact that justifies every hearing? i do not think it does. it does not apply to the planning code or any other zoning laws. the invocation of the ellis act does not give the owner the right to rezone the property. because of that, the new certificate of use, because they filed the ellis act and withdrawn the property, and that was the only evidence presented to support the certificate of use. because of that reason, and because of the court of appeals decision, it is not determining anything under the planning code, the issue becomes, what is the fact that merits rearing? the certificate of -- merits rehearing? it is not a fact that would change the zoning. the fact they have lessened the nonconforming use during the 1980's to have more residential use indicates to me that this is not a 100% tourist hotel. lastly, it would still have to be terminated under the nonconforming use provisions of the planning code. it w

item a, approval of the board minutes. motion and a second to the regular board meeting minutes of february 28, 2012. >> i move adoption of the minutes. >> second. president yee: any questions? roll call, please. [roll call vote was taken] [motion passed unanimously] president yee: item b, presentation to the board of education superintendent's report. deputy superintendent? >> thank you, president yee, and good evening, everyone. as you can see, i'm not superintendent garcia. the superintendent is unable to make tonight's meeting. his daughter was actually married this weekend in southern california, so we want to congratulate the father and mother of the bride. [applause] >> but in his absence, he's asked me to provide you with this report. we are extremely proud and honored to announce this evening that nine of our schools were designated as california distinguished schools and we'd like to congratulate all nine of the schools and they are alice fong alternative school, dianne feinstein elementary school, e.r. taylor ele

let it be resolved by the board of education of san francisco unified, section one, all of the above are true and correct and this board of education finds and determines represents. section 2, the actual cost information. the board receives the summary of the cost of the sale as set forth on exhibit a here to the actual cost information. section 3, submission of the actual cost information. this board ratifies and approves the submission of the actual cost information in connection with the report of the final sale filed on behalf of the district. section 4, other actions and approvals. officers of the board and staff are hereby authorized and directed to do any and all things and to deliver any and all documents which they may deem necessary in order to carry out in comply with the resolution. such actions are hereby ratified, confirmed and approved. any questions? >> there is no public cards for this. any comments from the board? commissioner fewer: aye. commissioner maufas: aye. commissioner mendoza: aye. commissioner murase: aye. commissioner wynns: aye. president yee: aye. seven

the board did not act on it that day. two weeks ago. because we were waiting to see what we would do with the free muni for all youth, there would have been significant changes in the budget required. they're not. >> what is before you today is substantively the same budget that was before you two weeks ago. there were a couple of minor things i had mentioned verbally at the last meeting that have been incorporated into the legislation. but you have is substantively the same. this is a proposed balanced operating budget for the next two years that significantly advances the board adopted strategic plan, particularly with a significant investment in the maintenance of our system and the safety of our system and other things that i think are fairly consistent with the city's transit first policy. >> we have had a presentation and two weeks ago, the vice chair close to meeting with the recognition for the interest -- will hear it from the public the same as we did from the other issues. do members have anything to say? >> i will read severa

the board welcomes your comments and suggestions. there are customer satisfaction survey forms on the left side of the podium. if you have questions please speak to board staff during a break or after the meeting. the board of this is located at 1650 mission st., room 0304. this meeting is broadcast live on san francisco and government television. dvd's are available directly from sfgtv. we will conduct our swearing in process. if you intend to testify at any of tonight's hearings and wish to have the board did your testimony evidence here wait, please stand and raise your right hand. please note that any member of the public may speak without taking this oath. thank you. do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? thank you. >> thank you. we have one housekeeping item that has to do with item number seven. that appeal has been withdrawn and will not be heard this evening. we will take public comments from anyone who wishes to speak on an item that is not on t

it was a new fact before the board. >> ok. the second paragraph under 0.3, page 6, 2002 certificate postdates 1998 determination. therefore, to the extent they are in conflict, the certificate should be deemed to supersede the determination. is there any authority for that? >> when you have a final administrative decision, not appealed, a permanent trumps and non-final one. that is a straight forward doctrine. i hope that is correct. that doctrine comes from traditional law. >> i do not see any citations of any law, that is why i am asking you. >> i think it is a very straightforward and -- >> it ise mcman case. i would be happy to get you a citation on that. where there is an appellate process, to challenge something, that process is not taken advantage of by somebody wants to come back later and challenges. there has to be some finality of a permanent. >> the basis, related to the desire bite your client to dig out of the business of right -- by your client she gets out of the business of renting? >wasn't related to evidence

. >> the direction of the board is to continue 14, 15, and 16 to the april 27 board meeting. because heineke said they could provide additional discussion with regard to the other options in the budget, should they so desire to discuss those items to provide any other directions, when he returns he has the full impact of the board, and he knows the wishes of the board with regard to the other aspects of the budget. >> these two items, we have had discussion and they are closed and they are being continued for the further vote. >> we have had public comment on 15, the we have not had the board discussion. could we go ahead and have a discussion -- >> there is an interest on the part of the community, with the speed of our decision. we will get some additional information, analyzing the budget impact in what you do to accommodate the full muni use. at that point, we can vote on everything. we've had public comment and discussion on 14. is this how it is playing out, roberta? >> julia? >> if you -- if you undrtaertake this dicussion, we have yet to see 16. you could see the vote

there has been money identified that following resolution by the m.t.a. board that would have language saying whatever is adopted would be contingent on m.t.c. funding, then i believe supervisor campos would introduce language at the m.t.c. to try to secure m.t.c. support to get that funding, so that's point one. this is contingent on action the m.t.c. would have to take. this hasn't been introduced at the m.t.c. yet. it could be after our vote today. supervisor campos would want to know, have the commitment before the m.t.a. before bringing something to the m.t.c. and the right approach >> with refard to the funds, as i understand it, and i did speak to the head of the m.t.c. is this, there would be i think the higher percentage of the overall program that we would be seeking the region to fund, the more difficult it might be to secure that funding. if you look in our staff report on page 11. we are identifying a $9.4 million revenue loss. so that's $9.4 million and assumes a $4 million revenue loss which many of the public speakers think is low. it also doesn

however, we ask the board to incorporate our agreement. president chiu: thank you. when not to proceed into the hearing? obviously, because we still have one appellant that did not come to an agreement, we will proceed with the full hearing at this time. the president -- the presentation will start with 10 minutes by the appellant. let me ask mr. barnet, as representative of the association, how you would like to use that time. >> thank you, mr. president. i would like to use this kind -- time to review some of the factual history of this endeavor to use the masonic temple in the manner prescribed, and to bring this organization up to speed on the history that we are dealing with, which i think would be beneficial in helping make a decision. i would like to introduce mr. james miller, a 32-year-old employee of the planning department who retired recently as planners three. with that, i would like to introduce james miller. >> good afternoon. in 1991, the nob hill special use district was extended to pick up the oversight of three private clubs that were in the vicini

we have gone to the transportation authority board to approve the reprogramming. we have also met the deadline to request the construction authorization of the cesar chavez project. this resolution is the last up in finalizing the transfer of funds. it is required for all projects that received the block grant. i can answer any questions about the resolution that he might have. supervisor mar: are there any questions, colleagues? supervisor cohen? no questions. thank you for the great work on this. let's open this up for public comment. there is no one from the public here. i will close public comment. colleagues, can we move this forward without objection? without objection, thank you. is there any other business before us? thank you, everyone. meeting adjourned. >> when stephen de staebler died, he was working on one of the biggest shows of his career, matter and spirit. it is a retrospective look at the many faces and faces of the life of an innovative artist from the california clay movement. stephen de staebler's developed in an area dominated by abstract exp

the members of the board should do likewise. i ask you to review this before the next committee meeting. thank you. >> we had two action items. ones i had reported on regarding the education policy. the other one concerning -- we give both of them a positive recommendation. i like the public to know that our next meeting will not be the first monday in may. it will be the second monday in may witches may 14. thank you. the next item is delegates. president yee: somebody called in today and i guess was inadvertently not placed on the speaker card list. she's been sitting here for few hours. i would if this is ok to give her a minute. come up, sarah. >> i am a parent at alice fung alternative and resident of the bayview hunters point neighborhood. i'm here because i am concerned about finding out what is happening with transportation for 2012-2013. i know that there is horrible budget considerations, i follow that. but we are a little bit worried over there in bayview. we just do not have any information and that is making us feel

i understand the board's dilemma. there is no merit of the application to because they will not let him apply. there is something wrong where they can make rules and the dark and no one knows about them. >> i think some of the commissioners are worried that your speechmaking. -- that you are speechmaking. one thing you achieved is that it is no longer being done in the dark. it has come to light. this board has expressed itself, at least a few of us have, as to how we seem to question this policy. let's see where it goes. >> mta said it is their policy. we understand it is a staff policy that has not been adopted by the full commission. but do doubt the merits of that policy? -- but do you doubt the merits of that policy? they could have adopted a policy that says, we will have a moratorium on these permits for two years. planning has done that when they are in the midst of planning a new area and coming up with new zoning. they sometimes have a moratorium. >> it is a terrible policy. it is a regulation that has not be

board. the residential units, whether or not they were there, they got out of the residential rental game. 2002, there was a permit to convert. we don't have any records that indicate that this was done. if you look at the note on there, it says that it is really addressing just chapter 41 of the administrative code, not dealing with the planning code compliance issues. what we have here is no longer a residential hotel. what use is it? this is under a permit that was not available at the time. that does seem to be new information. a little bit about the zoning history, 1957, up to 1960, this would have been located in the commercial district. we had about six or seven zoning districts in the city that was commercial. in 1960, it resound to r-four. this allowed any nonconforming motel to maintain, carry on as they were panther 1978, there was rezoning to the residential district prohibiting any hotels of more tha and it can't do away with the ability for that motel to continue operating. there w