i urge you to -- president chiu: thank you. next speaker. >> it is my understanding that the opposition has already spoken. is it acceptable for me to speak with opposition? president chiu: if you are going to speak on behalf of the real party, that is acceptable. otherwise, the time has passed. >> can i speak on a factual point? president chiu: you can. >> it came to my attention that one of the supervisors was under the impression, and perhaps others, that the historic preservation commission was in support of this. i do not know if that is true. i know from looking at their agenda and minutes for june to that date -- for june 2 that

they wrote a letter of concern. at the june 24 planning commission, they received a letter of concern from the historic preservation commission. thank you. president chiu: thank you. are there any other members of the public that wish to speak on behalf of the real party of interest? let us move on to three minutes of rebuttals by the appellant. >> thank you, supervisors. i am professionally qualified by the secretary's standards to make evaluations of historic sites and buildings. in my view, this will have a substantial adverse effect on surrounding historic resources, especially 1271 lombard. earlier, we heard substantial evidence from tina tam.

substantial evidence means enough reasonable inferences from information that a fair argument can be made to support a conclusion, even though other conclusions might also be reached. that is from examining the whole record before the leed agency. the loss of 42 feet of the east elevation visible above the public right of way is a substantial adverse change. 1271 is the contributor to a potential historic district. the site of 1269 contributes to this district, not the building, but the site. it describes the way it be three lots were used -- the way the 3 lots were used. at the back of 1265, they can

walk out onto the roof of 1269. the davies lived in 1269. there are all sorts of interwoven pieces of this site. the story is told only by the void in the center. if you have a violin and you put it on your shelf for display, it can still play music. but if someone comes into your house and filled with sand and mortar and it becomes solid and cannot come out, it looks the same, but the boy is gone. the soundbox can no longer produce the story of its music, just like filling this garden with a new building will take away forever the story of the davies, and how they were stories -- stuarts of this

property for -- stewards of this property for many years. you need to make the planning department do extra, and require of the people that submit to them extra work, so that these resources, which are so important to the history of our city and the reason tourists come to see it, continue. president chiu: supervisor campos, do you have a question to mr. butler? supervisor campos: through the chair, going back to the question i have asked the planning department -- how is this situation, where you have a dispute among experts? according to planning, the expert testimony in the record all points to a specific

conclusion that weighs against the appeal. what is your response to that argument? >> i think some of my response is semantic. they are saying that william custer did not mention it. he was writing a context survey for a building survey. he was not writing about a district nomination. when the department says there is no new evidence, we do not need new evidence. they just need to use evidence already in the record. there are variances from 1973. the zoning administrator acknowledges the large front setbacks on this block and how important they are to the relationships of the buildings. when one walks on lombard street, one sees through the

front setbacks of morrow's house and angle's house into the middle of the bloc come up the hill, to see where these buildings sit. to say that to take that away has no adverse change to the district is semantically wrong. mr. knapp's report contains factual errors. he stated that 1271 lombard had been moved closer to the street. in fact, it was the garage, which was allowed to be inserted underneath it, that comes to the front property line. but that decision letter is missing and nobody can find it, so i guess we can't talk about that today. why did i have to ask four times for that document? why isn't planning looking for that document? look at the ftes over there.

i am pro bono for 12 years. my daughters are in college. they were not even in school when this began. this is a historic district with an 1876 building. supervisor campos: thank you. president chiu: any additional questions to any of the parties? this hearing has been held and closed. items 14 through 16 are now in the hands of the board. discussion? supervisor farrell: thank you to everyone for coming today, in particular the appellant, mr. butler, the project sponsor, and the planning department. thank you for all your hard work on this project. i have to say i have been impressed by the enthusiasm on both sides of this issue. colleagues, given that 1269 lombard street is in district

two, i have spent a good deal of time reviewing the project, meeting with the planning department and project sponsor, to understand all the issues. what we have before us is a request to overturn the planning department ruling on the cadx. at this point, the project has been in front of the planning commission, the historic preservation commission, the board of appeals, and now the board of supervisors. these bodies have approved the permits and variances. for me, the historic planning commission having unanimously approved or stated this is not a historic resource -- ultimately, i have not found sufficient reason to overturn their findings, and specifically overturn the cadx. this project will ultimately have some detractors.

i appreciate the comments and enthusiasm. it does have support from the vast majority of the people i've spoken with, especially the russian hill neighbors, which is an important neighborhood group. in particular, we will replace a large eyesore that has existed for quite some time now. if there are any other colonists, notwithstanding -- other comments, notwithstanding, i would move to item 14 and table 15 and 16. president chiu: the commissioner has made a motion, seconded by supervisor mirkarimi. roll call vote? supervisor chu: ayer. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: yes. supervisor mar: aye. supervisor mirkarimi: aye.

supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. >> there are 11 ayes. president chiu: the cadx is approved. we will move back to general public comment. first speaker, if you wish to step up, 2 you won't minutes per speaker. >> i am irwin fornoss, one of the directors at kuss. i am excited for a resolution i hope you all will pass shortly. 90.3 is a scarce public resources. the sale made by the university of san francisco, with a media conglomerate that owns over 100

radio stations in the country -- they are now aggressively going over after stations -- going after stations on the left side of the dial. san francisco has nationally become a leader for the country as a whole. this is not ok. the community radio we serve deserves to have a voice i want to reiterate this is not about a format change or classical music, or about a community being robbed of its voice. the san francisco democratic committee passed an emergency resolution on our behalf. i am excited for the board to pass the resolution. president chiu: thank you. next speaker. >> my name is barb tangerry.

i will share more on what i do to stay healthy. i do not consume iodized salt or processed sugars. no red meat, no smoking or alcohol. i drink a coolant water. -- i drink alkaline water. i exercise and do tight window. i live in a state-of-the-art building with a spectacular view, lots of sun, all the amenities, and walking district -- walking distance to a lake. i love working as a substitute teacher. i can occasionally escape.

children like orderly classrooms. i do not watch the nightly news and turn off my computer at 9:00 p.m., after dr. oz. i stay away from nonsense. i strive for at least eight hours of stress-free sleep. if president obama is scheduled to speak at 3:00 a.m. in the morning, i will be wide awake and all ears. i watched the president's state of the union and the republican response. his reelection will not be easy, but we will win. we are fired up. district 10 voters, a champion unpaid volunteers would give us time in the name of democracy. this is supervisor cohen's first elected office. she promised to be there for

you. i want you to be there for her. president chiu: thank you very much. you can actually go to my office. thank you. next speaker. >> is this on? i am sorry. i have gone to a traumatic experience and have a microphone issues as a result. my name is jet. i was born in san francisco. i have been a proud kusf volunteer for many years. please help us get our microphone back to serve our community. for over 30 years, we, the unpaid volunteers at kusf, have brought music, arts events, beliefs, and much more to the local airwaves, and to the world through the internet. now we find our station falling prey to the financial gain of an

institution that boasts "educating the minds and hearts of the world." we have been forsaken. our radio voices have been silenced. please help give back that which has been unfairly taken away from you, you , you, me, everyone in back of me, everyone in the community, and beyond. more information can be found at savekusf.org. we need you to rock our communities world -- community's world. thank you. president chiu: next speaker. >> my name is sky madden and i have been with kusf for five years. during my time at the

university, the radius station was integral to my education and enriched my relationship to my community and my city. during my recent transition out of student life, kusf allowed me to remain connected to the university and to be surrounded by art and information. in its absence, i have reflected on what i have learned about public service in the music. we need your support. thank you. >> in tracking our online program, they discovered that

kusf only had 15 listeners on line, as opposed to 50,000 listeners. kusf had been online for many years previous to the sale. kusf as followers in many states and countries. the quality has diminished so much since the sale that they can no longer listen. it is not just the community that is suffering from the unethical sales of 90.3. listeners around the world and the students at usf are suffering as well. if i were seeking a broadcasting career, i would not pay $50,000 tuition to learn to stream music from my computer. anyone can do that and no one is gone to get paid to do that. the online program is equipped to teach students how to run a real radio station. if i was a student interested in

broadcasting, i would never go to school that did not have a real radio station. most schools that teach broadcasting do. every major city in the country has a college radio station. for san francisco to have no such station is a travesty for many reasons. it will help local students gain recognition and therefore bring recognition to our city. who will do public service announcements for small businesses and non-profit organizations? where else can we hear programs broadcast in cantonese, german, armenian, and many other languages? where can we gain insight into science, law, biotechnology, and human rights? in a city where arts and entertainment is important -- president chiu: thank you. next speaker. >> good afternoon. i am dj dan.

i come back to see you guys because i am excited that you were going to vote on this resolution to support kusf, keeping community broadcasting in our community. really, do the interests of ncom and the university of southern california to reflect our cities interested? that is the question that is really before you. i believe supervisor mirkarimi has captured everything we are fighting for here in this resolution. i once again strongly urge you all to adopt this resolution and help us fight to keep community radio in our community. thank you very much. >> good afternoon, or should i say good evening. i want to thank the board for

the opportunity to speak. my name is alec thompson. i am the representative from local 21. three of our bargaining units are at the san francisco redevelopment agency. i want to speak in support of the resolution urging the governor to oppose the dissolution of redevelopment agencies. local 21 members at the agency include architects, engineers, project managers, compliance that makes these projects possible. this includes the transfer a terminal and visitation belly. -- this includes the transbay terminal and visitation valley.

this will have a devastating impact on san francisco. jobs will be lost in the city and county. keep in mind that a majority of these jobs are blue-collar construction and paper veiling wages. job losses mean taxes the city and county are going to use. -- are going to lose. i live in district 5. i definitely want to support the resolution to save kusf also.

>> i am a member of the chinese radio and a community advocate. there is a commercial organization bringing in a program on kusf. [unintelligible] they bring in chinese music and

education, and other relevant information in the san francisco area. these programs have received an outstanding award as the best radio program. there are many newcomers in this area. they would like to hear this chinese radio on kusf fm, 90.3. i sincerely appreciate your support. thank you. president chiu: next speaker. >> good evening, board of

supervisors. my name is j.j. hollingsworth. i have a master's from the san francisco conservatory of music. i have been an occasional guest on kusf, and i am here in support of saving kusf. since my colleagues have spoken most eloquently, i have nothing more to add except that i would really like to see them pull the plug on rush limbaugh. [laughter] president chiu: next speaker. >> good afternoon, board of supervisors, and thank you very much for your time, or should i say good evening. i am here in support of the resolution to save kusf. by now, many of you know the

federal communications act has been homogenized. somehow, this has encroached into the public have of the dial, left of 92. in the last couple of weeks, i have received letters and phone calls of support from my constituents around the country, amazed at what is happening in the unfortunate decision about how in san francisco we are standing up and fighting for what we believe is right. they said in new york we would probably not do that. we have too much going on in our schedule. in san francisco, this is something we will do. i am urging the san francisco board of supervisors to take the same position. i would like to draw a precedent and correlation briefly.

back in the 60's, one of the largest protests that happened here went on for about 10 years. it was the opposition of the federal interstate and defense highway network. basically, it curved up numerous towns throughout america. when it came to san francisco, the board of supervisors and mayor alioto tried to put a stop to it. it said that if you want to come through san francisco, you should stop and enjoy it the culture and drive through small- town thoroughfares. i see the same for a pair of blowing through san francisco and not giving us the time -- i see the same thoroughfare blowing through san francisco and not giving us the time. >> i will speak to kusf in the second. first, i want to think the

supervisors who voted against mr. johns. i want to thank you for that. i was concerned about having someone who was a friend of the developer on the commission. i am glad we did not have all the votes we needed. on that issue, the language -- a number of the said there is a fair argument to be made that having experience in historic preservation was a condition. i do not agree. the grammar does not support that. there are a couple of qualifications in their. if you read the grammar carefully, it basically said a person has to be qualified under the secretary of interior standards and meet certain requirements, or these other things. the or only replies to the other things. they have to be qualified under the secretary of interior standards. the grammar makes it very clear.

i can send an e-mail about that. i support kusf as it was and do not want to see it sold off. i have lived in that neighborhood for 14 years, just one block away. i like to see community radio. we have way too much commercial radio. the media has a big impact on our minds and our politics. we need stations like kusf. i have been on one of the programs and talk about art and theater, local issues. i do not know if that would be possible if it was not a part of usc. please do what you can to oppose the sale of kusf. president chiu: thank you. next speaker. >> i want to thank you tirelessly working board

members. i know it has been quite a long day for you. thank you for your patience. thank you for your willingness to hear us out at this late hour. president chiu: excuse me, sir. could you pull the microphone to you? >> can you hear me a little better? president chiu: perfect. >> i want to start off by saying i am here in support of the resolution that supervisor mirkarimi was able to get before you, considering the voting for the extension of preserving the life of kusf. as everyone has well summed it up, i am pretty sure you have heard all the facts about the importance of it. the only thing i would add in closing is that when we urge you to consider this, consider what everyone is going to call