the board voted 4-0-1 to uphold the subject of notice of violation and penalty on the basis that the zoning administrator did not air or abuse his discretion. -- err or abuse his discretion. >> hello, commissioners. my name is david sincata. i am here on behalf of the academy of art, requesting a rehearing. this is to allow justice to occur not only for the academy of art but to 755 students who will be displaced from taking 65 classes in this building. it is impossible for us to try to relocate all those clauses and students in two other facilities. it would be easy to say this problem is the creation of the academy of art, but that is not the case. that is just because the academy of art did not file a conditional use application. the city planning department is at least equally responsible for this injustice. i think it requires a rehearing to consider these matters. this matter is created by the fact that the department made a determination under section 304.5 that we cannot submit a conditional use application because there is not an institutional master plan. that institutional

they insist that the board votes over the balance they have jurisdiction over. $176,889. those represent 24% of the district. even if the board votes on this tomorrow to allow them to count ballots for these parcels, that does not mean you have to vote yes. only if there is no protest will the board be able to take action on the establishment of the district. this does not require you to vote in any district. there is overwhelming support from city departments as well as city buildings for the proposed district, and we have spent the last few months going to the different commissions and departments affected by this proposal to see what they thought, and i wanted to let you know the war memorial board has approved a ballot for the parcel that includes the opera, the ballet, and thyssen today we jane the ballet common end -- that include the opera and ballet. the rec and parks commission has voted their support, and you would have to vote for their ballots, and the city hall preservation commission has renewed -- voted on this, so there has been support of many of

the board. walls are clear and contained in the previously adopted board rules, and the preferred approach is that the board said as a committee as a whole, which requires six votes. this requires greater flexibility for the board, affording the same functions, including the ability to hear public, and to enquire and recommended action to the board. the second is to determine the meeting organization and how and when public, it will take place. the recommended process includes a public hearing and has public, and built into the process at the beginning of the hearing. under the ralph m. brown act, the public must be given the opportunity to, before or during a legislative body's consideration of an item, so public, and may take place prior to the nomination process, after nominations have been made and clothes, or both. the proposed process meets the requirement, suggesting public comment occur at the beginning, but the board can choose to open public comment at any time during the process or to shift public comment from prior to the nomination process to after the nominations have been made and close. the third action is illustrated in section c. it is to receiv

the vote is 5-0. this item is rescheduled. president peterson: call item 5d, please. commissioner hwang: >> we are ready to resume the meeting of the board of appeals. colorado item five d please -- call item 5d, please. >> it is the potrero boosters neighborhood association versus the zoning and administration, decided november 3, 2010. at the time, the board voted 2- 2-1 to uphold the granting of the variance. >> could i use the overhead please? the words of the statue you hear a lot. one of the things that is important for justice is that you be told the truth. we are sworn in at the beginning of this. the statements, but are not true. from the boosters' point of view, there was an important statement made by mr. brown was not true. he represented to you that the project sponsor had offered to put the coral road access road back into its natural state. that is not true. what i put on the overhead here is the proposal that was made on mr. brown's letter head, showing that what they propose to do was fix the road, but there were going to build themselves a better -- they were going to build themselves a better access to the garage on th

the board's discretion. we have received these written submissions about the draft findings. under the board's rules, we cannot accept them without the board voting to accept them. given the circumstances, the president has decided to give them the courtesy of being able to argue to you why you should exit them at this juncture and not later at a rehearing request -- why you should accept them at this juncture in that letter at a rehearing request. >> this is not the adoption of findings. this is calendars as a special item for turning in evidence. vice president goh: next week is the adoption of findings. commissioner fung: i will amend my motion. my motion will be to continue to accept the documents and maintained a hearing until next week. vice president goh: commissioner fung, i guess i was inclined to allow out to the continuance until january and allow them time to respond for fairness reasons. i think it is unfair to allow her to respond in writing. i am inclined to support a continuance under these terms. >> commissioners, shall we call the motion? president peterson: call the vote. >> commissioner fung, the motion is to continue this mat

this is the proposal, there's multiple nominations whether we vote like we do with the board president with a fame and multiple rounds of voting or whether we are actually taking names one at a time in voting yea or nay. >> the chair? >> i could explain that part of it. rockets rules of order state this is board members have more freedom when they're voting for an vid crull rather than against an individual. that being said, the custom is this i take the rule. a supervisor then states who they're supporting rather than who they're voting against. i prefer the other way to the president, to -- to call -- to colleagues because i think that if you have multiple nominees it is a yes of "there's nothing that prohibits us from taking voting on same nominee, correct? if they fail -- if we're still in the rounds of voting, we could try again and see if this is six. my concern about -- about multiple names is -- you could see it in the history of elections for board president, you could get stuck on a lot of four three, three two votes. you know that sort of thing. i think that -- you know, tha

the vote is 5-0, those minutes are adopted. >> if you could read the first item, please. secretary pacheco: the board voted 4-1 to revoke the permit with the adoption of findings at a later time for the subject property at 281 turk street. >> thank you. commissioners, there is a court reporter to transcribe this hearing, and with your permission, we can make that the official record of this proceeding. is there any public comment on the use of the court reporter? you call the roll? secretary pacheco: on that motion from commissioner peterson to accept this as a record, [reading roll] the transcription is deemed official. thank you. >> oh, president peterson, with each consent, we will give them three minutes. commissioner garcia: i think you have to move the microphone closer. >> i appreciate the concern of the board have an extra work, but this case is unique. there was never a fair opportunity to respond to the accusation that they did work without a permit. this was because the pharmacy would be bad for the neighborhood. the appellant filed a brief that said nothing about this issue. believing the

the six-vote threshold? supervisor campos: what page? what line? >> page two, a nominee receives at least six votes until the underlying items are continued tabled or filed by at least six votes of the board. those would generally be procedural motions that would normally require a majority vote for those present rather than six. that is on page two under nomination procedures, item three. the last sentence under item 3 refers to the continuing or tabling of an item by six votes rather than a majority vote of those present. supervisor daly: so that would be my motion, a motion to amend supervisor elsbernd's motion. president chiu: so it is my understanding that supervisor daly wants to keep intact those that do not require that. i think there are four, that nominations be made one at a time -- supervisor daly: point of order, could you go line by line? supervisor elsbernd: -- president chiu: and the clerk has a better one. madam clerk: the third line down, the president will then open the floor for a nomination. once the board received a nomination, the board shall only consider one nomination at a time, and robert's rules, if denomination does not receive six votes, that nomination is au

impartiality and the complete integrity of the vote, and as many of you have said over the last two weeks, this vote is without question the most important vote we will ever cast as members of the board of supervisors, and it is a vote that every san franciscan is watching, and i think it is incumbent on each and every one of us that we tell every member of the public that when we cast the votes, we did so free and clear of every possible conflict, and we did it with the utmost integrity, and that is why i believe the klerk's proposal absolutely ensures that, -- the clerk's proposal. if it is about hurting the ability of a board member to get elected or a progressive member to get elected, in other words, they will start taking priority over the issue of conflict i think that needs to be a priority. adopting this amendment puts common-sense subsidiary to everything else and tarnishes the entire process. i appreciate the point that supervisor daly is making that we may have a bunch of people out of the room. he is the solution -- here is the solution. count the votes in your head. you stand up and say, "i do not accept the nomination." that is have you do it. you put ego aside, and yo

. >> reporter: today they asked the board of court commissioners to allow a new investor to join the effort. the board voted to let market street capital partners takeover, bringing in new capital to finish the jack london square improvements. there is a long way to go. port officials are optimistic and see the developments are facing big challenges. >> it has been a tough time for people to start up businesses or maybe move their businesses. there is a lot of competition. >> reporter: we asked them for comment, but they walked away. leaving no indication of how they intend to help jack lemon square turned a corner. jana katsuyama, ktvu channel 2 news. >>> there was a rally against a proposed injunction that would make a neighborhood off limits to gain members be they say that the injunction is racial profiling. among other things it would forbid 40 alleged gang members from associate with one another. they say the injunction would only apply to adults. >>> a man accused of raping a girl outside of her homecoming dance told about a conversation he had. under cross-examination defense attorneys applied -- im

francisco board of supervisors backed off the idea of charging a new toll for peninsula drivers after san mateo county assemblyman threatened to introduce legislation blocking it, and said the board voted to move forward because of the so called congestion pricing. and this is assemblyman says he's pleased by the vote. >> legislation is now off the table. i'm not trying to go forward because there is no problem today. i don't see another problem around the state where there are he cities planning to go forward. >> i think anything that can help us with our coming issue was climate change and concession jegs should be on the table. >> next step for the transportation authority to apply for funding is to apply for funding to pay for that study. >> tonight interesting health item. a study finds women have a bit of an edge over men when it comes to managing weight as they age. this followed 3500 over 30 years period of time. and they age both gained weight but those highly active as young adults gained less weight than those who are not and women highly active more than twice as effective in keeping weight off compared to men of the same age. >> holiday season kicking into high gear, some

voter except themselves but there seems to be no one in sight that can capture the necessary six votes to get the post. the boardoted to postpone the proceedings until next tuesday. >> no postponing the rain until after your morning commute. looks like most of us will get it this morning. >> we didn't even vote for it. >> that happens sometimes in a democracy. some want the rain and here it is. it's up around santa rosa where frances is following an accident right now. it could be the slick streets already starting the morning commute off on a rough note. we'll all see rain by the end of the morning commute. upper 40s to low 50s most neighborhoods. mid-50s oakland and also mountain view. as far as your 24 hour temperature change, 10 degrees warmer in mountain view, 5 oakland, 7 san jose. during the afternoon hours we'll hang out in the mid to upper 50s with the rain intensity and coverage increasing. the monterey bay will have to wait until the better part of the afternoon. your temperatures a little warmer in upper 50s to low 60s. accu-weather seven-day forecast, a slight chance of a shower thursday and again f

the school board is calling a cost saving move. sharon, good morning. >> reporter: good morning. the school board has votedt bus service more than half and that means more than 3,000 students in the san francisco public school district are going to have to find a way to school. the board of education voted 6- 0 to cut the service to save more than $2 million a year. it costs the district $100,000 to run each bus and the examiner reports the district faces a $113 million budget deficit. the school bus cuts would affect the elementary and middle schools, there is no bus service for the high schools. most of the children affected live in the southern and southeast areas of the city and nearly three-quarters of them are black, asian and hispanic. the school board is reviewing the bus system in part because last spring, it approved using home addresses to determine school assignments thus reducing the need for the buses. right now, there are 44 yellow school buses serving all the schools. it could be down to 25 buses when the changes take place. school official will map out the changes by mid-january and they w

as a result, the board need not consider the value of each property in deciding how to vote on the resolutions of necessity. under state law the board must pass this resolution by at least a 2/3 vote or eight votes. colleagues, unless there is an objection, we will consider all 12 resolutions of necessity together. the order of the hearing shall be as follows -- first, the tjpa will have up to 10 minutes for presentation in support of the resolutions and the acquisition of the easements and the fee interests by eminent domain. then members of the public that wish to support any or all of the resolutions shall have up to two minutes to speak. each or any of the property owners will have up to five minutes for presentation or opposition for resolutions pertaining to their property. any owner of multiple properties will have up to 10 minutes to address all their properties in total. then members of the public opposing any or all of the resolutions shall have up to two minutes each to speak, and then the tjpa shall have up to two minutes to rebut. the board will then vote on each of these 12 resol

if this goes through and the board votes on it as a yes, we will start the conversations about purchasing a new vessel to grow our business and take care of the demand coming in. that will be an immediate four to five full-time jobs, probably in the world of 40 to 50 jobs while the cup is here. some of those will go away. but we will see a large increase on that. we have also seen an uptick in the interest of sailing on the beginner level. we have a sailing school. over the last year, we have talked about 300 new people how to sail. -- we have talked about 300 new people how to sail. we will probably seek 500 or 600 people within new interest -- we will probably see 500 or 600 people with a new interest in our school. supervisor mirkarimi: we have exhausted our speaker cards. if anyone is interested from the public wants to speak, feel free to line up in the middle and come one after the other. >> my name is tom rilley. i have sailed with ted turner. i have sailed for a number of years. it is a huge thing for the city of san francisco to have this opportunity. i think it is great exposure

so when the board came up with this schedule, the reasons for the reply was, given the super -majority vote, the board wanted to, for lack of a better word, wanted inform -- wanted some sort of extra chance to present their case. >> that was the higher hurdle. the previous director used to mention a number ever times that the apellant has a -- a number of times that the apellant has a much higher hurdle. >> you need 4-7 votes to get any. >> not in every case. >> at a d.r. hearing, you need a 4-7. that was a discussion. 8 -- >> is that when the change took place, eight years ago? >> yeah. >> the other reason the apellant goes first is the apellant has the burden of proof. the apellant has the burden of proof in a situation where the super majority is required. >> i think it is prejudicial to the apellant for the fact they have to go first for the rebuttal period. they should have the option. i don't have a problem with that. it would be complicated to say you can go first or last, but to me, the fact that they have to go first creates a higher burden on them than the issue we're having due w

effectively and will put the public at risk. >> peninsula state assemblyman jerry hill is expected to attend today's board of supervisors meeting in san francisco. he will oppose the board's voten launching a study of a toll that would charge drivers entering the city from san mateo county. the board is looking at a possible program that could raise $80 million a year by charging drivers coming up from the peninsula a $3 toll each time they enter or leave the city during peak commute hours. assemblyman hill says he will announce state legislation to block their efforts. the state legislature and the governor would have to approve any such toll. meantime san mateo county is threatening to retaliate with its own $6 toll on san francisco drivers if san francisco goes through with its $3 toll. >> all right. no matter which county you're in though this morning, you'll find those roads wet and getting wetter. >> if you can find those roads at all because of the fog. let's check with mike for a look at the forecast. >> the commute trickier by the moment because of the thicker fog and intensity of the rain picking up just a little bit and spreading throughout the bay. we have radar re

. >> reporter: in the end, the board voted to leave the program as is, mandatory, no opt-out for parents. the board president, the only dissent torr. this is the second year for the films shown every fall. these parents promise next year they will be in the courts demanding more control over what their kids see. reporting live, ktvu channel 2 news. >> and we posted links to the films on our website, watch them yourself at www.ktvu.com. >>> a senate vote to start debating the military's "don't ask, don't tell" policy will have to wait another day. harry reed canceled the procedural vote after suzanne collins asked for a delay. collins said the senate must take of tax cuts before anything else. advocates of "don't ask, don't tell" welcome the delay because they feel the procedural vote might come up short. >>> the bay area is getting a bit of a break don't from rain that fell much of the day, not heavy or hard, but constant. in many areas, bill martin joins us with what's on right now, hey, bill. >> hey, mike, we had rain this afternoon just in time for the commute. there was rain this mor

. >> reporter: in the end, the board voted to leave the program as is, mandatory, no opt-out for parents. the board president, the only dissent torr. this is the second year for the films shown every fall. these parents promise next year they will be in the courts demanding more control over what their kids see. reporting live, ktvu channel 2 news. >> and we posted links to the films on our website, watch them yourself at www.ktvu.com. >>> a senate vote to start debating the military's "don't ask, don't tell" policy will have to wait another day. harry reed canceled the procedural vote after suzanne collins asked for a delay. collins said the senate must take of tax cuts before anything else. advocates of "don't ask, don't tell" welcome the delay because they feel the procedural vote might come up short. >>> the bay area is getting a bit of a break don't from rain that fell much of the day, not heavy or hard, but constant. in many areas, bill martin joins us with what's on right now, hey, bill. >> hey, mike, we had rain this afternoon just in time for the commute. there was rain this mor

the time right now. a terrifying scene at a school board meeting in florida. what happened when a gunman opened fire. >>> also the novato school board votes on whether or not to accept a gift of life saving devices for its high schools. >>> good morning. traffic is moving along pretty well as you drive 680 southbound heading down to the south bay. i'll tell you more about the morning commute straight ahead. , sea ro f t t.. ro fn-opooal..ko gr. i'a n ! ro fe ysexdo..ko gr. llev wt emo? seyo petosld me chhola errey nu >>> good morning to you. welcome back. here's a quick look at some of the top stories we're following right now. at 5:46 two fairfield women whose children died back in a fire in april are returning to court today. a judge will decide if there's enough evidence for them to stand trial on charges of child endangerment and involuntary manslaughter. >>> also today the house of representatives is expected to vote on a bill to repeal the military's don't ask, don't tell policy. now if it's passed, that will put pressure on the u.s. senate to delay its adjournment to work on a bill as well. >>> and in less than a half hour president obama will sit down