Skip to main content

tv   [untitled]    October 29, 2010 6:00pm-6:30pm PST

7:00 pm
portion of the fence -- at least the portion of that fence needs to be reduced. the minimum that could be reduced is two guardrail heights, 42 inches. that means that that reduction probably is in the neighborhood of about 2.5 feet, i am guessing. either it is done that way or it is done at the trellis, where there is some transparency through it. not a trellis. it would be a lattice, where there would be some level of transparency through it. it is interesting, because if that fence was only a guard rail, it could be a ticket type fence, and therefore they get the protection from the guard rail and there is significant
7:01 pm
light through. i am not sure that is what their desire is, but i think it would be my intent to reduce some portion of that fence that would probably stretch from the rear of the deck some appropriate to mention. commissioner garcia: and we would do this -- defense is upright, it is code compliant, and we would do this based on good neighbor policies? commissioner fung: yes. and if we were talking about reducing the height of the deck , i do not see that as a substantial cost. i know people get into what they
7:02 pm
want. i am not sure that they will see that great of a privacy impact with some reduction of that fence. commissioner garcia: and who would bear the expense of reducing the size of the fence? commissioner fung: let us hear from the other commissioners. vice president goh: i would agree with commissioner fung's suggestion. in terms of who would pay for it, i know we had discussed -- you had mentioned something about perhaps the appellant, but we are here with an 8 foot 11 inches fence where the plans call for a five-foot high replacement fence. i know mr. kornfield said we might as well take care of it here, which we can do, and it is
7:03 pm
probably not in keeping with their permit that they built that. commissioner fung: i disagree with that. i think mr. sanchez was stretching a little. i would read that as replacement with new and there is no guarantee what that new has to be. president peterson: 1 thought i have is if we reduce the height of the fence, that will be borne by the permit holder if there were a compromise in the leftist formed by both parties. vice president goh: that sounds right for me. commissioner fung: you want them to comport with something that neither would fully like but they are willing to accept rather than us forcing it? vice president goh: that sounds right. president peterson: certainly. commissioner garcia: you have to
7:04 pm
come up here to speak. >> my initial thought on your comments is that at least i feel that you are starting to dictate how we can use that backyard of hours, and i am feeling a little uncomfortable with that. it is our home. it is our first home. i understand where you are coming from. i guess we do not know how we are going to use that backyard yet. to say that we would put most of our furniture on one side as opposed to the other side, i am a little uncomfortable with that. in addition -- commissioner fung: actually, i am too. >> [laughter] i do understand where you come from. the access to the deck is from a sun room that has windows all around it. it is not bordering our house. it is bordering a sun room that has windows all around.
7:05 pm
downstairs, there is also a window where the stairs go. commissioner fung: i guess we are looking at a little bit of equity -- equitable situation for both parties. i mean, i have an idea of what i would suggest, but i would rather the two of you come up with something you can both accept. >> i think that is why we are here today. we like the fence this way and ms. fleming once the fence another way. we cannot seem to find a compromise. that is why we are here. president peterson: i think we discussed one, if you would prefer just a shorter fence, or if you think a taller fence with a lattice would be more preferable. we will ask the appellant to bear those costs. >> as far as a shorter fence, i
7:06 pm
think it becomes more of a safety issue on our side. president peterson: commissioner fung has addressed that. it is a minimum guardrail height and you would be where you would need to be for safety if it came down to a certain amount. >> i feel that we would -- president peterson: later, we would have the inspectors come by and check that it is at 8 ft. 11. it is stretching credibility. it looks greater than 9 feet, your fence. we could continue and have them investigate and follow up on some of the problems you have had with the permit. there is that choice, too. >> we would be open to having them come out and do it from that measure. i think from ms. flemming's yard, it does look higher. there is a victim grade in the yard. as to shortening the fence, the fence on the deck level is a
7:07 pm
little over 5 feet there. if someone were to fall onto her side, it would not be a 5 foot fault. it would be a higher fall. commissioner garcia: that is why you might like the solution of having it be the same sized fence but having part of it be like this work. what this board is leaning to, i am not sure, seems to be that because you are both neighbors, and you have in every regard a lovely neighbor -- you are very fortunate -- to go out and speak with your neighbor with the understanding that the desire of this board now is you are very unlikely to walk out of here with it if we were to vote. i think what we are doing is offering you the option, or asking you to accept the option of discussing with your neighbor some solution other than what is there now and also to delve into who is going to pay for what it will ultimately be.
7:08 pm
and i think unless ms. fleming has something to say, i think we are ready to offer a motion and vote. so thank you. commissioner fung: motion to continue. commissioner garcia: that would be my preference. commissioner fung: how much time would you -- both parties would like to take and discuss this issue? two weeks? vice president goh: commissioners, i heard or i thought i heard -- commissioner fung: pardon me? vice president goh: i thought i heard the permit holders say he was not interested or thought it was futile to discuss it with his neighbor. i would be disinclined to vote
7:09 pm
for a continuance unless we heard from him he intended to discuss that with his neighbor. commissioner fung: that is not the first time we have heard it at this board. commissioner garcia: i do not think we have the authority to require the appellant to pay something. i hope that when they go out, they will have some discussion, realize the board is reluctant to have the offense day as it is, knowing that ms. fleming offered to pay for an alteration. for you all to discuss that, you have two weeks to do that, and what this board would like is if you would come back and present to us a compromise that was reached and we were not required to have any more deliberation or get overly involved over neighbor issues. commissioner fung: if there is no compromise accepted, we will have to deal with it. vice president goh: two weeks is
7:10 pm
november 3, and we have something like 12 cases. november 17 we have 10, and i think a couple of those are big ones, right? i mean, we can put it to two weeks, but we are continuing a case to a very late night and we could also just take a vote and see where we land. commissioner garcia: why don't we give you the holidays to mull it over? president peterson: while ms. fleming is living with the shadow of lawn? commissioner garcia: we are going into the wintertime. we are trying to help you out. we have upset the permit holder and i think the permit holder is asking the commission -- president peterson: i want to make a recommendation. i am inclined to adjust the fence with latticework and have the permit holder pay for it. every time you come up, that is
7:11 pm
where i am more inclined to go. you are welcome to come up if you have something to address. vice president goh: i agree with the president. >> commissioners, i might add that if the parties to reach an agreement prior to the date to which you can continue this matter, they are free to include in that agreement that the matter be withdrawn. commissioner garcia: sorry to go so far out, but i would recommend that we go further out, the we go beyond the holidays and hope that in that time both sides, or at least the permit holder, has calmed down and realized this is her neighbor. she is going to be a neighbor hopefully for a long time. that fence is a considerable intrusion on her enjoyment of for yard. is that all right, commissioner fung, for your motion to go all the way to january? commissioner fung: i was
7:12 pm
thinking we could move it to december 8. our caseload is not that great. commissioner garcia: i would certainly go for that. commissioner fung: i will move that we continue this to december 8 with the understanding that some discussion occurs. if a compromise cannot be reached, then this board will deal with this. >> to be clear, there will be no additional briefing or additional testimony other than a response on how the settlement negotiations have proceeded. commissioner fung: that is correct. president peterson: if you could call the roll on that. >> the motion is from commissioner fung to continue this matter to december 8. the hearing is held and closed
7:13 pm
to allow time for the parties to conduct settlement discussions. no additional briefing. unless they have a planned compromise. on that motion, vice president goh? vice president goh: aye. commissioner garcia: aye. president peterson: aye. >> commissioner hwang is absent. >> there is no additional material before the board this evening. president peterson: then we are adjourned. thank you very much.
7:14 pm
we have to make sure we are accurate here. i am grateful so many folks came out for the swearing in. in particular, i want to thank -- you seem so lonely over there. supervisor dufty by himself representing the board of supervisors. the round of applause for him for being here. we are grateful. [applause] i am thankful that a number of department heads live -- are here at their peril. let me not recognize them. [laughter]
7:15 pm
but recognize their leader, about to be appointed cao of the city, the chief administrative officer of the city. ed lee is here. [applause] thank you, ed. we appreciate it. we are appointing people to various boards and commissions. you are familiar, i am sure of the good work at the asian arts commission and how proud we are to have this remarkable institution that has not yet gotten the recognition it deserves. it is remarkable around the rest of the world people talk about it but not around our neighborhoods. we need to promote this extraordinary institution which has the most comprehensive
7:16 pm
collection of asian artifacts of any museum of its type in the u.s. it is right there in your backyard, right there next to the migrant building. please talk about it, not just members of the commission. please encourage our students and families to celebrate the remarkable contribution of the asian community which really built this city, in many ways. i am proud that we will be appointing some familiar faces that have done a lot to promote the asian art museum but have never formally been on the commission. i am pleased to be reappointing anthony sun and lesley tan shilling. they have done a great job and have been enthusiastically presented to me for reappointment.
7:17 pm
i am honored youtube? let me thank everyone for the opportunity for being here. it has been an honor to serve as your mayor for seven years. thank you. please ask for permission next time? [laughter] we are proud and honored that we are continuing in the formal advocacy of the asian art museum. there you are. we are blessed to have you. you have been a steadfast supporter of the museum. we are grateful for you taking
7:18 pm
upon this opportunity and serving in a formal capacity. you may not know these folks, but they are an impressive group. the housing authority. everyone could have, should have would have, on the sidelines -- we all know how it works. supervisor brown, reverend, dr., leader reverend brown. he is very enthusiastic that veronica honeycutt will be serving. i have been a huge supporter of hers. i am grateful that you will be serving on this commission.
7:19 pm
is that why all the purple shirts are here? labor? either you are protesting me, or it is something. all of our friends at a local 87. i am grateful that you are here. a lot of labor leaders are here. obviously, my great friend, a seamstress -- teamsters are here. they are here in formal capacity. we have the leader of our labor movement, here in san francisco, all here to celebrate asha coming on board. i am happy that you are serving on the housing authority commission. mare's disability council, roland wong, christine and
7:20 pm
james, we are grateful that you will be serving. we are grateful for the work you do with the american disabilities act. we just celebrated an anniversary of the ada. you all are leading by example. thank you for your willingness to continue on and serve on this council. i appreciate the board of supervisors tried to right some wrongs at the chamber by making accessible our own chambers, which is remarkable in 2010. i told bart, i do not know why, and i know it is sort of patronizing, but why would anyone want to serve? literally, why would anyone want to serve on the bart board? those of you on the red board know what i mean.
7:21 pm
god bless you as well. they have held the line. there is not this friction between tenants and landlords like we have experienced in the past. tim, you remember those days. we have avoided all of that. barbara, you were around as well. do not act like you do not remember those years. it is good that we are holding the line. bob patterson, i have known him for ever. thank you for your willingness to sit on the small business commission. he is someone who worked for many years on behalf of small businesses. he was approaching retirement but wanted to give back, and he is a great advocate. i am pleased that you took my call and said yes. thank you. on the ti, when i appointed
7:22 pm
larry, i said, trust me, this will be one of the most exciting boards in the city. we finally got conveyance from the navy on this private participation -- private-partner ship. that work will start next year. it will be one of the most exciting developments in history. it will be one of the greatest developments in the nation -- greenest developments in the nation. this is one of the most dynamic and exciting developments that this country has ever been afforded. the folks that i will mention, those that will be reappointed, claudine, and john paul, you have been doing the drudgery work. now you get to enjoy the actual
7:23 pm
work, rebuilding and revitalizing the neighborhoods. it is a really exciting time. i thought we would have linder richardson join you. she has always been fighting for our diverse communities. she will put a human face on the development. i am blessed, linda, that you said yes. three great reappointment, a new appointee that will get us to the next level. i knew that i was losing the audience. talking too much. seven months old. it is always tough to keep any audience. thank you all very much for taking the time to be here. i want to thank my chief of staff as well. [applause] he has got some friends. i want to thank matthew for organizing all of this, getting
7:24 pm
you all here. thank you. with that, why don't we get to the formal part of the program. you can stand, you can sit, but all you have to do -- you have a choice -- is raise your right hand and repeat after me. what i will do is i will say i then everyone will state their name. and then during such time as you hold the position of -- and then we would just go down the line. each one of you will let us know what you will be doing in a more public manner. you will all be serving longer than i will be serving here, so all i ask is that you return my phone calls. do not forget who i am.
7:25 pm
[laughter] ok, i have some alternatives. this is a good group of people. vote your conscience. do what you think is right. and remember, not everyone in the city is represented by the people in front of you. so do not forget, just because you are in organized special interest -- we have some great special interests -- but just because you are special interest does not mean that you represent everybody. you represent the entire city. do not forget that. veronica. amen. i --
7:26 pm
>> [inaudible] >> do solemnly swear that i will support and defend the constitution of the united states and the constitution of the state of california. and that i will bear true faith and allegiance to the same period that i take this obligation freely without any mental reservations or purpose of evasion, and that i will well and faithfully discharge the duties upon which i am about to enter. and during such time, as i hold the position, as a member --
7:27 pm
>> [inaudible] >> for the city and county of san francisco. it is official. a round of applause. [applause]
7:28 pm
>> i work with the department of environment and we are recycling oil. thank you. we can go into a refinery and we can use it again. they do oil changes and sell it anyway, so now they know when a ticket to a. hal>> to you have something you want to get rid of? >> why throw it away when you can reuse it? >> it can be filtered out and
7:29 pm
used for other products. >> [speaking spanish] >> it is going to be a good thing for us to take used motor oil from customers. we have a 75-gallon tank that we used and we have someone take it from here to recycle. >> so far, we have 35 people. we have collected 78 gallons, if not more. these are other locations that you can go. it is absolutely free. you just need to have the location open. you are set to go.