supervisor wiener: ok, thank you. supervisor avalos: on masonic, many of the streets are perpendicular. id is more or less a major street that cars go down. it is thought that parking would be essential to make that happen. >> that is right. supervisor campos: great. thank you. please continue. >> $94,000 in funds for the construction of a cycle track, located on the southern side of cargo way. there are several existing traffic circles for that segment. requested funds equal almost one-third of the construction costs. 70,000 from the grant, as this segment occupies the greenway, with $185,000 being construction management. the work associated in february of 2012 showed last one month or two. full project completion is estimated to be march of 2012. supervisor campos: colleagues, any additional questions from state -- for staff? thank you very much. would any member of the public like to speak on this item? please come forward. >> good morning, mr. chair. commissioners. we are very supportive of both of these requests

supervisor wiener: that is not ceqa. that has to do with our planning process, distinct from ceqa. >> i will examine those arguments from the conditional use. my next point is that the lead agency did not address the adverse social effects on people caused by the project. as a factor in determining the significance of the project's political changes. if the project would cause overcrowding at a public facility and the overcrowding causes an adverse affect on people, the overcrowding would be regarded as a significant effect. hear, the planning department fails to consider whether an adverse affect on the neighbors caused by overcrowding due to the physical changes to the building is a significant effect. the department bases its analysis on the assumption that there will be 24 presidents. however, there is no such limitation bound in the application in the analysis under ceqa. my next point is that the mandatory findings of significant cumulative impact analysis, growth inducing impact analysis, were flawed and glossed o

they are also scheduled to review the memos submitted by supervisor wiener. we will make sure that they get a copy of that. we will transmit any recommendation regarding article levin and any recommendation recommended by supervisor wiener to the planning commission. we are hopeful that sometime in the future there will be a date set for adoption of a recommendation that we can pass on to the board of supervisors. that concludes my presentation. i am available for questions as is the presentation coordinator. i would be happy to directed to specific areas as -- of article 10 as a start for your discussion or you could start it on your own. >> let's open it up for public comment. >> good afternoon, president, members of the commission. i am from san francisco architectural heritage. i would like to commend the historic preservation commission for their diligence in reviewing the set of clean-up amendments before you. heritage has attended most of the 15 or more hearings that have gone into developing the current set of amendments before you. the major substant

supervisor wiener: i am a strong supporter of public financing. i supported the extension of public financing to make oral campaigns. at the time, there were those who were against them. i support the supreme court decision. my personal view is terrible and representative of a terrible trend of the decade and this court. with that said, we are faced with a choice. i know that we will come up with a good way to amend our public finance law in the future to try to address the challenge that the supreme court has thrown our way. now our choice is, what course to we take in terms of protecting taxpayer dollars from being socked away in attorneys' fees? we have gone down this path before. our general fund is so depleted and funds are so scarce and we have so many services that we are dramatically underfunding, i cannot vote to keep this aspect of the system in place. i will be supporting this amendment as proposed. supervisor cohen: thank you. as many of you know, i was elected with a publicly financed campaign. i believe the spirit of this and the int

supervisor wiener: thank you for hearing this today. this is a piece of legislation that would address two very discreet issues, specifically requiring clothing for persons who are inside restaurants and requiring that of someone is in public and sitting on public seating, that the person has to place something down to sit on instead of sitting directly on the public seating -- if someone is nude in public. we have, specifically in the castro, a number of people who are regularly -- regularly nude in the neighborhood. there are a lot of opinions on the issue, and that is a conversation that i am sure we will continue to have in the city. the legislation addresses two very specific issues that are issues in the castro, possibly elsewhere, but primarily this one neighborhood that i represent. if there are any comments -- supervisor mirkarimi: no, but there probably are a preponderance of jokes and clips we can make. supervisor wiener: they have all been made, but if there are any new ones, i would be glad to hear them. supervisor mirkarim

supervisor wiener: i do not know. this is a little perplexing to me. there is literally nothing on the table in terms of this is something you can substitute it with. if that might happen in three months or six months, who knows? i guess we are not making a plea to the three of my colleagues who voted against this. i just do not understand why we would reject this, given what we know of the state of the law, the lack of a current alternative. there are a lot of smart people involved in this process who will think of one if one exists. we know what is before us right now and what is facing us right now and the severe risks that are facing us. i just do not understand. supervisor farrell: to add to that point, no other jurisdictions, and there are a lot of other jurisdictions, have come up with a solution. this has been around since the summer. no other jurisdictions have come up with a solution. to think we are going to implement something in one week that will stymie a lawsuit and save our taxpayer dollars is a dream. i am all for finding a long-term s

supervisor mar: supervisor wiener. supervisor wiener: first, i want to thank supervisor kim for taking the lead on this legislation. i think it is perfect. i am extremely supportive. i also want to talk about my jealousy about all this polling all is going into district 6. we will love to have one in other neighborhoods, and we would wholeheartedly patronize it. so i am very supportive of this legislation. however, i have been very vocal about this, but i believe that the mission alcohol and beverage special use district should be repealed. i think it is -- it is legislation that while i understand why it was enacted at the time, to address alcohol blight in the mission, it is so rigid and so broad that, in my view, it is now undermining the mission in a number of ways. this prohibits new liquor licenses or new businesses obtaining liquor licenses, except for bonafide restaurants. that means that takeout has to be incidental. so takeout restaurants, you cannot get a liquor license. if the food is prepared offsite and b

supervisor wiener: this presentation talks about pda's. you also talked p aboutda lite. -- about pda lite. i in there? >> i should have said it the pda's and the growth opportunity areas. i do not know my terminology here. >> the growth opportunity area has another acronym that abag invented. but these are supposed to be pda's that could receive block grant funding of the good for process to have them approved not just at the staff level but that the elected officials level. there is the doa which is potentially pda, and then there is the pda light. we're not suggesting they should be eligible for funds at this time. supervisor mirkarimi: thank you. >> to wrap it up, i mentioned that mtc is currently completing a project level assessment on the performanf

wiener aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd no. farrell aye. kim aye. there are 10 ayes, one no. item seven, ordinance amending the administrative code to set a policy of community policing, and urge the police commission and chief of police to review and as necessary many police the promise policies and procedures. on item seven, mar aye. mirkarimi aye. wiener aye. avalos aye. campos aye. chiu chaye. chiu chu aye. cohen aye. elsbernd no. farrell aye. kim aye. item eight, ordinance appropriating $1 million settlement funds to the department of public health for the neighborhood improvement and mitigation in the neighborhood's most impacted by the potrero power plant in fiscal year 2011- 2012. mar aye. mirkarimi aye. wiener aye. avalos aye. campos aye. chiu aye. chu aye. cohen aye. elsbernd aye. farrell aye. kim aye. there are 11 ayes. item nine, a resolution authorizing the director of public works to execute an amendment to the emergency public work contract at the san francisco general hospital and to increase the not to exceed amount to appr

if that is the case, i know that supervisor wiener would be ok with moving forward. allowing for additional public comment. supervisor avalos: i would rather not the latest and am wondering if there is a way to move it to the full board. we can call it to the full board and here it there. but you think that this is the way that we need to go in terms of promoting livable streets and recycling in san francisco. it is not a part of san francisco that typically gets a lot parking. the parking is on the streets that are perpendicular to masonic. and there are no businesses there. just institutions. there are not a lot of places where there are neighborhood- serving businesses there. >> in terms of procedure, it would not be the first time that you have taken an item and passed it along to the board for clarification. as we discussed earlier, we will have more information before the board meeting. we can have more discussion at the board meeting. there is additional information that can clearly be provided. i seem to recall some amount has been completely recovered by res

motion to approve by commissioner abel lows, seconded by commissioner wiener. may we do so without objection? so moved. next item. >> item 9. amend the prop k bicycle circulation and safety 5-year prioritization program. this is an action item. commissioner mirkarimi: i would be highly surprised if there is no public comment on this. wow. very good. motion to approve by commissioner wiener, second by commissioner abel lows, campos, david chiu. without objection. so moved. next item. >> item 10. allocate $4,132,911 in prop k funds, with conditions, for ten requests, subject to the attached fiscal year cash flow distribution schedules, and amend the new and upgraded streets 5-year prioritization program. this is an action item. commissioner mirkarimi: any public comment on this? seeing none, public comment is closed. colleagues? motion to approve by commissioner avalos, seconded by commissioner campos. next item. >> item 11. introduction of new items. this is an information item. commissioner mirkarimi: this is an opportunity to inject where you have not been bef

but supervisor wiener asked this of the appellant, the attorney. what is the bright line in terms of approval? talking about a dollar amount or otherwise. this hearing today -- again, this is for future processes. i want to be very clear about where we are. >> thank you for the question. president chiu, if i may, i would like to offer that our city attorney is available. we are getting into legal grounds that may be better handled by the city attorney. >> good afternoon. approval by sequel is when the city to mr. definitive course of action. the most recent case that has discussed this issue said that as many people who would like to be a bright line, and pull -- unfortunately it is not. they have submitted irreversible meeting of discourse, momentum, etc. in the save tara case, we let $500,000 in the absence of repayment. the city has express' officially that it was support for the project, calling it a done deal. the city began relocation. in that case, the supreme court said that you have gone too far, too early. they actually said it is not a b

supervisors mar, avalos, chiu, mirkarimi, kim, and wiener. the vast majority of californians voted and approve proposition 215 in 1996, the compassionate use act, that recognizes that there is a medical use for cannabis. san francisco has in turn adopted a comprehensive regulatory system to prevent and control medical campus collectives and cooperatives. supervisor mirkarimi has played a key role in making that happen. what we have is an industry being regulated by the city and county of san francisco in accordance with state law. we in california are not the only state that has recognized there are medical benefits to canada's. there are least 16 states in this country that are doing that. doing -- during the campaign for president, president obama repeatedly asserted that he recognized and respected the right of states to allow for medical cannabis. ultimately, this is an issue that is about patients' rights, the rights of patients to access the medication that is needed peer the state's largest association of doctors and california medical

supervisor wiener. sorry. didn't see you. supervisor wiener: thank you. i am very supportive of this, and i want to congratulate supervisor kim and the community for really moving an incredibly important project forward. this is not in my district but about three blocks outside my district. i know first hand how much open space we need in the greater mission area. if you look at delor parker, mission playground, and how crowded they get. there are two points i wanted to make, and they were both discussed at the land use committee. first, i know there were folks who were concerned about the loss of parking, including o.k.c. and some other -- o.d.c. and some other non-profits. i know rec and park and o.t.a. are going to work closely to better manage the street parking in the area. the other issue that i just want to flag -- and it is not really specific to this project. this is just an example. we are dedicating public land to much needed affordable housing. i just really want to keep on the radar that we as a city have done a really poor job of providing m

is the right here with supervisors got leaner -- supervisor scott wiener. why should we vote for proposition b? supervisor wiener: this is a bond that will address some of our basic and critical infrastructure needs it. we've seen this across the country for the last few decades a bank it will help with quality of life. it will help put people back to work. it addresses the infrastructure funds for our roads. to resurface our roads. basic maintenance. it also provide significant funding for work on our city bridges and overpasses and other infrastructure that is deteriorating and needs capital work, and also provides for eda acceptability. >> opponents of this measure have argued that these bonds should not be used for what they perceive as ongoing maintenance of our streets. -- what they perceive as ongoing maintenance of our streets. how do you respond to those accusations? supervisor wiener: we should have been doing a better job the last 30 years maintaining our streets. i will not argue that. the fact is, we are where we are today. we have almost $500

supervisor wiener: present. >> all members are present. president chiu: can you please join me in the pledge of allegiance? [pledge of allegiance] [inaudible conversations] madam car, do we have any communications? >> there are no communications. items one-seven comprise the consent agenda and will be acted on by a single roll call vote unless it is requested to be removed and considered separately. supervisor mirkarimi: four. president chiu: items one through seven without item four. 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. supervisor chu: aye. >> 11 aye's. president chiu: those ordinances are finally passed resolutions adopted. >> amending the police code to have various sections, requiring a handgun to be kept in a locked container or disabled. and prohibiting the sale of enhanced ammunition. supervisor mirkarimi: just added relevance to why thi