somehow be construed in an allowable open space. >> it's a code issue. >> yes, that would still require a variance because you're enclosing the open space. >> the one problem with -- this is not a single family house we're chopping something off the back, it makes the room smaller, it would impact a small unit and possibly lose one and honestly the project sponsor with all the opposition was teetering on this whole new ledge slaix reducing down to 9 units, this is very close right now, so i am sensitive to your concerns, i'm afraid to show the drawing i broukt of the original proposal which went -- addressed the idea -- not the idea, the seating, this does not have a rear yard, i'm creating a dark pit of a deck here for open space, and i

started out seeking a rear yard modification variance that stepped the building down and filled that space in and left it as a side yard but that would involve a whole variance, the neighbors could appeal it, we already went down that route and that's something that changed the plans in response to the neighbors. and it was sort of a preventive attempt to address that concern. so, i don't know. i do have a screen at the street that was also in response o -- to the noise from the deck, it's 8 feet high, maybe that becomes more semi-solid, which from the street at least would create that stepping. the other thing is, the photos, if you look at the other corner lots that do not step -- there's that 7 storey building

at lexington that shoots out, it's a historic -- >> maybe commissioner antonini has an idea. >> well, thank you, i don't know, i'm very sensitive to what project sponsor's gone through and as was mentioned frequently, we have almost no buildings that were built between 5 and 9 units in the last five years and this is a 12 unit but it's getting close to where it isn't going to make any pencil out if we're going to have to take units, it sounds easy enough to add a floor off on the unit level and take a floor off, i'm not sure if it works out to have the 8 -- 2 bedroom unit and is the 4-1 bedroom units ts, i believe that's what we're looking at, we start losing one of our two bedroom units or something, i would be hesitant to do that even though it seems to make sense. i would probably make a motion just to approve the project with -- as designed right now

with working with staff to try to incorporate some of the things that the commission has talked about with the treatment of the bay issue in the front and also with -- the project sponsor would have to agree to -- it's not a condition, to work with the marsh to try to remedy sound issues and provide some sort of relief from the loss of property line windows. that would be my motion, although that does -- other parts are not conditions. >> just a question, can we add as a condition that they work with the marsh and come up with a construction plan that, you know, at the least limits construction times to, you know, earlier than 3:30 and no construction on weekends? >> if you want, you could put conditions on the construction hours and/or encourage the sponsor to work with -- there's

continuation measures, you can require it on the project sponsor's building but you can encourage to work with the skylight or more soundproofing on the marsh building but only as an encouragement. >> i would like to limit construction times beyond what's in the code to what's being suggested by the marsh because i think that could be a big impact. >> what hours? >> construction goes on for a long time i think if you start to chop off too many hours. >> and you have labor hours by which a construction worker needs to work an extra amount of hours, i think it's very hard to control that. >> i'm sensitive to their performances in the evenings. >> right. >> i don't know, 5:30?

3:30 is a pretty early performance. >> there's youth classes. >> summertime only. >> commissioner moore? >> [inaudible]. >> i say until 5:30, no construction on weekend. >> i think that standard hours of construction would be 7 days a week or five days a week. >> 7. >> okay, well, project sponsor, is that going to work if you cut off weekends, it's going to be really hard? >> i have no problem at all, nobody's going to be working until 8:00 at niekt, 5:00, and mostly everybody's going to be out of there by 4, and on the weekends, no work on sunday, and saturday, i mean, once again, we explained them, you come over, you have some

special thing going on, come and tell us and give us a little bit of advance notice and no problem, so i mean, 5:00, 4:30 is fine with us for a cut off. >> i accept the friendly amendment, you can start as early as you want in the morning, probably 7 o'clock in the morning is earliest you can do, 7:00 to 5:00 is realistic six day as week, that would be fine. six days that don't include sunday. >> i think the marsh does do saturday shows that begin at 2:00, saturday and sunday, the marsh does 600 performances a year at that site, so we have two to three shows a day there because we have an upstairs

space and a downstairs space so having any construction on saturday afternoon honestly would be a very significant financial hit. i think one thing, speaking for the marsh is that we want to be assured of a liaison, someone we know we can always talk to that will always give us a schedule for the week that we have a regular check-in, i think our fears are they can say what they want at this moment but if we don't have an assigned liaison and that's a requirement of the project, and after the project is built, we'll need to continue to work as a liaison, there has to be a concrete liaison setup, not just call us whenever we want, we need to know who and we would like to have a weekly meeting during construction. >> one of the conditions, there would be a liaison that would

be provided. >> that's important to us. >> and with the permission of the other commissioners, if we go 7 to 6 during the week and 7 to 1 on saturdays,. >> that would probably work for us except for special events. >> our call time is 5:30 during the week for 7:00 performances and then for regularly, it's 3:30 on saturdays. >> i think take what you got. you want to restate the motion >> okay, the motion is to approve the project working with staff for design, concerns particularly in regards to the bay and the front of the building at the corner of valencia and hill, and secondly, continue, the project sponsor will work with the marsh in terms of providing a liaison for communication purposes. >> j*u one point of information, this is a dr so

you should take dr and do these thing and is the community liaison thing is not in here because it's not a conditional use, it's a dr, so anything like that has to be in the language of our dr. >> we are taking dr to do this, that's true, and also to address sound attenuation and possible sky lights to mitigate for -- these are not conditions. >> encourage improvements to the building. >> along those lines. and that hours of construction would be 7 a.m. to 6 p.m. -- i did a compromise to give them saturday afternoons, 7:00 to 6 p*k monday through friday and 7 a.m. to 1 p.m. on saturdays. >> is there a second to that? >> second. >> i want to add something though, and i still have a

concern about the step down on -- toward the historic district. commissioner antonini only included the bay consideration at the corner. i don't particularly like the design that is dated august 28th or whatever the heck it is, and kind of prefer the other one frankly, and i think other commissioners have stated that. i understand that there's some issue with the corner bay, but, you know -- >> yes, there are issues with all the bay windows because they are too close tokt, we can work around the bay windows, otherwise, it's a variance. i think there's a way to modify the bay windows to make them code complying. >> just in terms of my last piece, just in terms of a fear of having to go to a variance which i understand can be

appealed, i mean, this can be appealed too, right, i mean, this can go to the board of appeals, then if they don't like it, they can appeal your building permit, right, so in any case, there are going to be appeals no matter what, so for my way of thinking, if it requires a variance to get a better project, i would go that route. i said if it takes a variance to get a better project and to -- what seems to be to satisfy the direction of the commission, then i would encourage you to take that on. >> okay. >> regarding the step down if i may, on the top floor, if you just eliminated that one bedroom in the rear, you would get a step in at 11 feet, that's somewhat significant if you are okay with that. >> but then that means you

convert one-two bedroom. -- >> that's the tradeoff. >> they're already doing two affordable units on site, i don't know how the sponsor feels about that. >> i think there are possibilities but i think we're trying not to lose units if possible, that's why the variance route might work. >> commissioners, you want to try this? >> i think you should just incorporate what he said. >> my understanding is the motion is to take the project with some modifications, one is to address the hours of construction, 7:00 to 6:00 p.m. mondays through fridays, 7 a.m. to 1 p.m. on saturdays, they

would provide a liaison so they know who they can contact during construction and i'm assuming even after the building is built, on the design to address the bay issue in the front of the corner of valencia and hill and to continue to work on design with the step down on the side -- on the hill street side, that they will continue to work with the marsh on the other issues such as drainage, ventilation, light and sound attenuation. >> that sound good. we're encouraging them to work with staff as far as that step down issue, we're not saying they have to change it but if there's a way that that can be done, that would be nice but they're approved for the 12 units, 8-2's and 4-1's, i believe. >> on that motion, commissioner antonini? >> aye. >> commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore?

>> aye. >> thank you, that motion passed unanimously. commissioners, you're now at general public comment. >> is there any general public comment? seeing none, the meeting is adjourned.

>> chair kim: good afternoon. and welcome to the rules committee. today for thursday, september 6, 2012. my name is supervisor kim, and i will be chairing today's meeting. i apologize for the late start because i know we have many members. public that are ready to present to the rules committee. i am joined by vice chair supervisor farrell and supervisor david campos. our clerk is linda wong. we would like to acknowledge the staff at sfg-tv who records each of the meetings and makes the transcripts available on line. we would like to recognize jesse. are there any announcements? >> linda wong: please make sure all electronic devices and

copies of any documents to be included as part of the file shall be submitted to the clerk. items acted upon today will appear on the september 1 board of supervisors agenda unless others with stated. item 1, repointing malia joint powers board. >> chair kim: this is a roiment to supervisor malia cohen. is there any comments from colleagues? seeing none, we will open it up for public comment. if you'd like to speak on this item, please come up. >> i just want to say i want to see -- ♪ i want to see her in your morning, i want to see her in your board of supervisors night ♪ ♪ let her change what city's

rong and make it right. ♪ let her wander through the city's wonderland that we all share. ♪ all i ask you is let her be there. ♪ all i ask you is let malia cohen be there, now. >> chair kim: thank you. is there any other public comment on this item? seeing none, public comment is now closed. colleagues, do we have a motion on this item? >> motion to send malia -- ms. cohen forward with full recommendation to the full board. >> chair kim: we do have a motion to move this forward, and we can do that without opposition. madam clerk, could you please call item 2. >> linda wong: item 2 motion to approve -- the president of the board of supervisors, supervisor david chiu's nomination to -- to board of supervisors ending july 16.

>> chair kim: thank you. this is also a reappointment. we recently heard her speak at rules committee. but because she came on near the end of the previous term, she is already coming back to us for reappointment. and i'm not sure if ms. hurtado is here given she's spoken to the rules committee a couple of months ago. is there any comments from colleagues? if you'd like to speak, his apph the mic. public comment is closed. we have a motion. >> yes. actually i think ms. hurtado just came in. >> chair kim: i see her. >> i don't know if she wants to say a few words. >> chair kim: can we have you come forward. thank you for being here. we know you were with us a couple of months ago and answer the numerous questions from the rules committee. of course you came on near the

end of a previous term that you were filling, and we appreciate that -- served for a couple of months now and coming back for a reappointment. if you'd like to speak briefly and maybe a couple of comments. >> thank you for inviting me back. hello again, supervisors. i apologize for being a little late. i just wanted to thank you for the opportunity to be here again. we did speak a few months back when i was first appointed to the board of appeals, and i guess just to remind you who i am, and my qualifications for the reappointment, i am speaking reappointment. it's been a very fruitful two months and i very much enjoyed the service and welcome the opportunity to continue serving in this capacity with my colleague from the board of appeals. i have been an attorney for 15 years. i am currently deputy director of the national center for lesbian rights, a national lgbt national organization based in

san francisco with offices in d.c. as well. i have served numerous roles as an attorney and advocate, and a community service -- a person who really believes in community service. and i believe that my experience and my skills can be brought to bear on the board of appeals. i deeply believe in the process, and that stems really from my work as public defender, serving indigent criminal defendants in san francisco for over 10 years. and so i believe that all of those skills enhance my ability to listen to all sides of an issue, given people due respect, evaluate all sides of whatever issues come before the board of appeals, and really try to come to a fair determination based on the facts and the rules that apply to the situation. so with that i'm here to answer

any questions you may have. >> chair kim: seeing no questions from colleagues, and i think we're certainly appreciative of your willing to serve on the board of appeals. it's a very important board, as you know. and i know that you spent the last couple of months but we grilled you at our last rules committee meeting and we appreciate you coming back for your reappointment and your service. if there is no other comments, is there a motion? >> madam chair, it is my privilege and honor to move that we forward ms. hurtado's name to the full board with positive recommendation. i think that her stellar qualifications are -- when she came before the rules committee last time, and, you know, i think she's doing a great job, and has already distinguished herself in the last two months. and i think that the city will

be well-served by her continuing in this position and i'm just grateful that after doing it for two months you still want to do it. so that's a good thing. so i'm very thrilled to see th that. if we could quickly -- i couldn't agree more. thank you for your willingness to serve. i've heard great things. maybe we make it as a committee report. >> yes. >> chair kim: before we do that, we need to amend the motion so that it's a motion to confirm the appointment. >> so i move to confirm the appointment, and to do that as a committee report. >> chair kim: so we have a motion to amend. the motion to be a motion to confirm and we also have a motion to refer this item as a committee report to the full board. and ms. hurtado thank you again. i was impressed with your presentation, of course with your background and skill set that you bring to the board of appeals a couple of months ago and am excited that you're willing to continue to serve on behalf of our city. thank you.

>> my pleasure. >> chair kim: we have that motion and we can do that without opposition. >> thank you, supervisors. >> chair kim: thank you. madam clerk please call item 3. >> linda wong: item 3 hearing to consider one member term ending april 272013 to the sunshine ordinance task force. >> chair kim: thank you. we have one seat and we have three applicants. i know one of the issues that had come up prior that we had not necessarily discussed at the previous rules committee was whether we do need to appoint a member to the sunshine task force that is a member of the disability community. i just want to confirm that. >> yes. the sunshine ordinance provides that at all times one member must be a person with a physical disability. that physical disability requirement doesn't attach to any one particular seat on the task force.

but at this time, i understand there are 10 seats that are occupied by people who are not physically disabled, and the one open seat you should appoint to someone who is disabled. >> chair kim: supervisor campos. >> co-chair campos: thank you. we want to welcome mr. givner who is assigned to be the counsel to the general board of supervisors. we appreciate his being here. one thing that will be helpful going forward as these appointments come before the rules committee is to the extent that there's a specific legal requirement that calls for a specific kind of appointment, i think it's helpful for us to know that as we're actually reviewing the applications. because at the time that we discuss -- we were discussing the sunshine task force appointments that issue did not come up. and in fact it wasn't until after the fact that we realized

that one of the appointments needed to be someone from the disability community. so i think that if we find ourselves in similar situations with respect to other commissions, that i think would be helpful for us to have that information in advance and certainly have that here at the rules committee meeting as the discussion happens. >> absolutely. >> co-chair campos: thank you. >> chair kim: thank you. at this time we will call forward the three applicants that have applied for seat 11 and i'll call you in the order that you are listed on the agenda. first we have bruce wilson, francine simon, so if you could step forward. because we have i believe 44 applicants for our next agenda item, i am asking all applicants to be brief today, and to limit their comments to under two minutes. mr. wolfe, i know you presented at our last rules committee meeting but if you could speak

to your experience on the sunshine task force and reasons why you would like to continue your priorities during that presentation that would be great. >> i appreciate that. i'll make it brief. my name is bruce wolfe i served on the sunshine task force 2005 with one year hiatus. i became interested in it because of various issues surrounding city college at the time. and just in general, i think it's a great idea that we all, you know, have some oversight and some look-see at transparency and making sure that the public and the city family has their just due in making sure everything is clean, and moves forward smoothly. i have pretty extensive research and background in studying constitutional law, and in construction, and in these areas. and i really enjoy serving on it. it's not a political position for me. i enjoy being there.

i have no aspirations of moving in anywhere else. and really that's about it. i'll be open to any questions. i want to say one last thing. considering what the past issues have been around my appointment, i just want to say that i've -- you know, in hindsight, it would have been probably much better if not just me, but maybe other members of the task force, also we agreed to bring some of these issues forward to you much more ahead of time, so if there were any red flags or anything like that, i think that would have been prudent at the time. thank you. >> chair kim: thank you, mr. wolfe. are there any questions from committee members? thank you. next, we have francine simon. and then we have kai wilson after that. >> hello. my name is francine simon, and i was actually informed about this

position by the department of rehabilitation, because i am disabled. i actually was born here in san francisco, but moved to the east bay, and recently returned. i've been very active with the barack obama campaign and active with the late matt garcía, who was the city councilman in fairfield. i worked closely with united way to do fundraising for the homeless, and for the needy. i also pass out brown bags, and bread for the senior citizens in the east bay, as well as here in san francisco. i've worked for bank of america for 25 years, where i was advisory assistant engineer.