tv [untitled] January 8, 2013 4:00am-4:30am PST
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mta and mea have not demonstrated class 1 or a categorical exemption exists. there is no bike lane that currently exists. the changes are not minor alterations because onstreet parking will be removed, concrete plantares and buffers added and a commute lane added -- during commute hours. in order to rely on a categorical exemption agency must provide substantial echedz thaevidence that the project is within the exempt category. they have not conducted a transit analysis that cover the second area and cumulative impacts only rhetoric. the city has a duty to investigate the impacts a project will have.
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categorical exemptions are not absolute. an exemption must be denied if there is reasonable possibility of a significant effect on the environment due to unusual circumstances. or if, quote, significant cumulative impacts from projects of the same type will result. this plan will cause significant direct secondary and cumulative impacts, increase delays on oak, fell, and intersecting streets due to direct and secondary parking impacts, signal timing changes amounted cumulative impact on traffic and public safety due to removal of parking, embedments to turning, access to and from the 31 curb cuts that will be affected and reduced visibility on such busy corridors. the masonic avenue bicycle project is only three blocks away yet the city claims they do not overlap so this should not be studied. the masonic plan will remove 167 parking spaces and all commute lanes. there is a target store planned
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on masonic and geary which will add to the traffic in the area. removing the commuter lane, adding raised plantares throughout the buffer strip and removing over 90 parking spaces constitutes an unusual circumstance of the project. proposed parking mitigation peat adequate. this is a highly dense touristy area and a main east-west corridor. there's no one else -- impact on neighboring streets such as hayes paige and haight street. part six -- is a priority street. finally, because the fell and oak project is obviously part of the greater plan to create bike lanes ceqa analysis should be done in connection with the eir for the san francisco bicycle plan project not piecemealed from the larger project that is ceqa rule. determination -- the determination made no effort to
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address the fell oak project in the larger context of the citywide bicycle projects. >> president chiu: thank you very much. colleagues, any final questions to the appellants, project sponsor or any other parties in this hearing? okay. seeing none, this hearing's been held and closed. colleagues, this item is in the hands of the board. supervisor olague. >> supervisor olague: i just wanted to move to affirm the exemption determination of the san francisco mta and agency fell and oak streets bikeways projects so my motion would be to affirm the determination of the planning department that the san francisco fell and oak project is exempt from environmental review. >> president chiu: motion made toaire firm the categorical exemption tabling items 42, 43, seconded by supervisor campos. discussion? supervisor wiener. >> supervisor wiener: thank you, mr. president. you know, i just want to -- i
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think i made this point when i was questioning the appellant about how important it is to understand that this appeal is not an appeal on the merits, that is not what this board does. the mta board directors was entrusted by the voters to make these policy decisions. and that's where a lot of the arguments were raised tonight in opposition to this project are i'm sure were directed at the mta board of directors and that was the appropriate forum. this is about ceqa. and one can love or hate this project, but this is about our application of ceqa. and i do believe that if we were to require an eir tonight, we would be setting a significant precedent for future efforts to do all sorts of different projects to improve safety on our streets, whether you're -- because if you require an eir to remove net 55 parking spots what about adding net 55 parking
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spots what about taking a surface parking lot and -- a building there and remove those parking spots would that require a full eir for a two story building that i'm building or if you are building a bunch of bulbouts it would create a significant precedent in my view. and so i think that the planning department's determination was correct, and i will be supporting the affirmation of the cat ex. >> president chiu: supervisor elsbernd. >> supervisor elsbernd: if there's any reason to support his efforts on ceqa reform this last hour and a half should be something that you keep in your memory banks as you consider that legislation next year. >> president chiu: supervisor farrell. >> supervisor farrell: i want to associate my comments with supervisor wiener and president chiu in your comments earlier in your questioning, appreciate the argument on the merits here. i empathize with a number of them but this is not the place. this is a ceqa appeal. i agree with president chiu's
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question so i will be supporting the -- upholding the eir as well. >> president chiu: supervisor chu. >> supervisor chu: i want to thank the appellants for coming to speak. taking a look at the project itself there are things i support, that will improve the safety of the residents in the area, including the bulbouts and a number of other aspects. the area i'm not so comfortable with is the parking issue. i think that impact is something that unfortunately i would like to see less parking being lost as a result of the improvements. that being said, there is an exemption within ceqa for this kind of a project and because of that, in applying those rules, i think that we need to actually uphold this exemption. and so unfortunately, i won't be voting to do -- or to uphold your appeal at this moment but again i do think that the parking issue is a large one. >> president chiu: any further discussion? mr. clerk, roll call vote on the motion. >> supervisor farrell, aye.
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supervisor kim, aye. supervisor mar, aye. supervisor olague, aye. supervisor wiener, aye. supervisor avalos, aye. supervisor campos, aye. >> president chiu, aye. >> supervisor chu, aye. >> supervisor cohen, aye. >> supervisor elsbernd, aye. mr. president, we have 11 ayes. >> president chiu: the motion passes the categorical exemption is affirmed. colleagues, why don't we go back to general public comment. and hear from members of the public that wish to speak near generally. if i could ask members of the public to excuse yourself from the chamber quietly so we can continue with business. let's hear from the first speaker please. walter. >> thanks. finally. when are you going to get a movie here? when are you going to get some work for us. i thought of a new movie that a
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supervisor finishes a long term and then he goes in this movie right to the airport, he's gone. leaves -- you ever seen the movie, the stepfather? it sounds like a good -- a little change of a movie. but it sounds like a good one. he leaves the city, just leaves it after that. and thanks for being here. thanks for your work, supervisor elsbernd. and thanks for elsbernd being in your morning, thanks for being here in our nights. ♪ thanks for changing whatever's wrong, and make it right. ♪ let me wander through this wonderland that the city we do share, and i thank you for always being there. ♪ and i thank you for being
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supervisor here ♪ christina, thanks for being here, christina, the truth is you never left us, all through our city wild days, our mad supervisor existence, and most of all you kept your promises ♪ ♪ what's your city's name? ♪ who's your mayor? is he rich? is he rich like we? ♪ has he taken any time to show you what you city need to live? ♪ it's the time of the season -- >> president chiu: thank you. next speaker.
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>> good evening. my name is barbara tangori. i've been living across the bay in oakland for several decades, but i do come back and forth, working on several campaigns. but i'm here tonight particularly for one person, who impressed me tremendously for her gutsy vote for sheriff ross mirkarimi to go back to work as sheriff of this city. christina olague, you were appointed into the position. you took a risk, and i admire you for your principle, rather than the political part of it. thank you very much. and i wish you all the very best. and i'm so glad i was here tonight because i heard a lot of wonderful things. i've never talked top pu i've never met you. i've never even crossed the aisle with you, you know,
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anywhere. so thank you so much. and i wish you all the very best. and supervisor kim, i was very much surprised. thank you for your vote. supervisor avalos and supervisor campos, i always thought, from the very beginning, because all we needed was just two supervisor votes, to bring him back as sheriff. thank you so very much. and i'm -- asked one of the sheriffs here this evening, i think he's gone now, how is sheriff ross mirkarimi's doing, and he said he's doing wonderfully. i am very happy to hear that. i wish him, his wife, and their son, all the very best. happy holidays to everybody, and i wish you a very happy new year. good night. >> president chiu: thank you very much. let me just remind members of the public we do have a board
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rule in the chamber that you should address your comments to all members of the board not to individual members of the board but appreciate the comment. thank you very much. >> i apologize. i was not aware of that. >> president chiu: no worries. thank you. next speaker. >> my name is tammy brian. i hope you will indulge me because it's the supervisor's last evening and i am specifically here but it's for everybody because i think it's important that everybody hear the comments i'm about to make and i'm going to have to read this off. i've lived in fillmore since 1983 and have been affected by homicide and this is a pressing issue that drivers me to do everything that i do so it's on that note i want to thank supervisor olague for her years. she has been an exemplary leader. in that short time you were our supervisor. in the short time that you were our supervisor you demonstrated your commitment to your constituents and the people of san francisco. i would say more but in the interest of limited time i want
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to be sure to thank you for your vote to reinstate sheriff mirkarimi. that vote was indeed what the majority of your d5 constituents expected and contrary to what some have said that is not at all why you were not elected. the sheriff was a very popular and well-respected supervisor, and our district strongly supported his reinstatement. your vote to reinstate him actually earned you votes and significantly increased your support in the district. i want to go on record speaking as a domestic violence survivor for myself and others we know your vote does not mean you condone or minimize the scourge of domestic violence but demonstrates your ability to vote on fact and law rather than emotion. the attacks on you were some pr consultant -- to make a false -- against you. you can leave office with your head held high knowing you did the morally and legally correct
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thing. the attacks on you have highlighted just how ha rampant racism is. one of the values you have taught me was about servant leadership and that is why i'm sure the right was galvanized to defeat you. they knew your -- >> president chiu: thank you very much. next speaker. >> good evening, supervisors. david elliott lewis. i'm here to thank supervisor olague for her service. i have to admit when mayor lee first appointed you -- first appointed the supervisor, i was a little leery. i thought maybe she will be beholding to the mayor for her votes, because sort of the payback of the appointment. but i was proven wrong. supervisor olague has shown independence in her thought, in her thinking, in her voting. and of all the tributes that were given to her tonight by her
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fellow supervisors i especially appreciated jane kim's comments about supervisor olague having heart and mind. and i think that is so true. if i could say anything, that's what i would say about your virtues, a woman of great compassion, and a brilliant mind. and you will be missed. and i hope you'll stay involved in public life. i know you've made comments about looking forward to the peace and quiet of a post-supervisor retirement. but i hope you will stay involved in some way. that's all. i just want to thank you for your service, thank you, and you'll be missed. bye. >> president chiu: next speaker please. >> good evening, honorable supervisors, president chiu. i'm here -- my name is -- i'm here -- my usual self, and i'm honored to be able to have opportunity -- well i'd like to address her personally, but
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supervisors, the older i get, i notice less people are doing the right thing, the correct thing, and whether publicly expedient thing. one of the people that -- going in my struggle, my fight, which is very personal, it is to see -- of elected officials who go about considerations of political experience -- that gives me -- reenforces, invigorates my resolve to continue. i was given very harsh lesson, and i'm very humble, supervisor christina olague. i was harsh -- well -- i was nasty -- okay. and we work for many years. we go back to mission agenda.
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she was -- i was somewhere else -- homelessness. we work with m.a.c., mission -- we work together. we did good work. and i'm here tonight to -- that hope my indis cretion be forgiven and i'm -- there's a lot of work to do. supervisor elsbernd, i'll miss you. i like irish. i -- infinity with the irish people. i call them the latin-american, european latin-american, equivalent to latin-americans. i disagree with many of your decisions but i liked you. i think you're honest. >> president chiu: thank you very much. next speaker.
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>> good afternoon, board of supervisors. to the friends of the san francisco public library, who killed pope john paul ii, the king of pop, michael jackson, president barack h. obama, mayor willie h. brown, dr. robert c. scott at ucs sf, academic dean keith c. wingate, assistant academic dean seana marshall, legal counsel -- leop adviser jan jamison and mammoth -- a circumcised foreign student from instandbull turkey at golden gate university. between november 2008 and december 2012, was it these
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>> hey, ron austin, executive haven't -- workers union, it's been a long day. we're here to say a few words for the record to the board we received correspondence from sf mta for a service reduction on the day before christmas and the week after, and subsequently that week in between new year's and christmas. and we didn't know if the board or the city knew. and this is something that was attempted a couple of weeks back with the thanksgiving week, in which we disapproved because the level of ridership that happens after or before the holiday actually is increased with increased shopping and commerce in the union square area, also with people still have to go to work. we've been kind of forced into the situation where they want to meet and confer over this for us
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to agree to the service cut and i don't think it follows the tenants of the traffic first quality to keep the level of service per the 1996 levels. also the budget includes funding to have a regular service schedule before and after the holiday. that was passed by this board and approved and we don't know why mta feels it's their prerogative to cut that service that has already been budgeted. we are a new union administration this year. we've tried to have a non-adversarial relationship with mta and have carried forth the philosophy of public service to the visitors and riders in san francisco but we seem to have a hard time joining minds or sharing philosophy of service first at the tim to the public. we bring this issue to you so you can be abreast of it and we are sure the agency hasn't notified you and we are 14 short days away from this time period and we don't know if there's
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been public outreach. we don't want our brothers and sisters of this city to be left out in the lurch where they don't have ability to use the transportation system for this period of time. >> president chiu: thank you very much. next speaker. >> happy holidays to you, mr. president, and our board of supervisors. the things that we may agree on or disagree on, that's fine, that's beauty of free speech. i'm here representing the marina property association regarding proposal to build a restaurant at currently deserted degaussing station. my name is victor preato, a resident if the marina, a taxpayer and registered voter. we're requesting that you deny going on with this proposal. it is an area where this restaurant's going to be built has not gone through ceqa, there's no environmental impact
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regarding trash, traffic, parking light or noise. the traffic and garbage will only attract more seagulls and pigeons. if you have a walk the next morning issue evening along the seawall check out the rat infestation that will multiply more. usc san francisco, i spent nine years as an attending surgeon, i'm attending surgeon at st. francis hospital where i've been on staff for 28 years covering the emergency room and had the honor of taking care of hundreds if not thousands of citizens, adults and children alike, killed and maimed and severely impaired by drunk drivers. i don't want to have to go home and have the honor and pleasure instead of hearing kids play soccer hear screams of kids getting run over by drunk drivers. i request you think about the proposed restaurant that's being put in there. it's only benefiting one person
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and that's the developer. thank you. >> president chiu: thank you. next speaker. >> good evening, board of supervisors. let me start off by saying that was not a disrespect to you all, in terms of making a comment on the last session. as i read it within the agenda -- >> president chiu: excuse me, you've already spoken in public comment. we started general public comment before this session. you did speak in that session. >> no i haven't. >> president chiu: my apologies. >> anyway, i apologize for stepping into a comment in which i thought it was okay per the agenda, okay, so i can comment on any which thing that's brought up before the board. but we're just here to speak on the issue of the sf mta. and the issues surrounding the sf mta, the budget, how everything's going over there. now, one can say that prop g
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changed muni, depending on whose glasses you're using. proposition a, you know, we just want to make sure that you, the board members, particularly the new board members when they do come in, really step up to the plate, and have the agency conduct business for the residents of this city like they're supposed to be. no one's paying attention to prop a, transit first. no one. so when we take that into context, this system should be really -- yeah. mr. elsbernd brung up prop g but did it affect anything? i don't know. we have to look at those numbers today because in two weeks they're talking about cutting service to your constituents in the outer neighborhoods. yet take care of the visitors that's coming to shop in union square but what about the individuals in the outer neighborhoods. service is going to be affected deeply with these cuts. so we just ask for you and we are trying to work with the
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agency as a partnership, what we're asking for the support of the board as well. let's really identify the serious problems of the agency, and the bureaucratic -- the misspending of all the funds that they have. can we do that. and we're willing to work with each and every one of you as -- >> president chiu: thank you. next speaker. >> like alfred hitchcock said, good evening. first i would like to thank supervisor olague, in my opinion her crowning achievement is that she set an example for all the school kids in san francisco. don't tolerate bullying, even in the city and county of san francisco, ie the mayor's office doing all the bullying. the kids will remember her, that's how she will go down in her crowning achievement in my humble opinion. ide like to make it a matter of
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record in my opinion this board of supervisors has neglected hree obvious items i've mentioned in the past. we'll see what happens next year. number one, child pornography. number two, the sex slave trade passing through san francisco. and obviously, number three, my number one project, the controversial death of a dead gay man who used to work at san francisco general in 1999, and so far nobody, and i mean nobody, is willing to even discuss his death. i guess when you're gay and you have no voice, then you're expendable. it's kind of interesting that the city of san francisco has been bypassed by the state of washington in regards to gay and related activities. so maybe that's a sign to san francisco that maybe the curse of joe -- is beginning to take its toll.
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the last thing i would like to say is that there was an article in the west portal monthly in the front page and there were two things that weren't mentioned. the first one was that room 200 was very well represented. that wasn't mentioned. and in my opinion, the other thing that wasn't mentioned was laguna honda hospital. thank you. >> mr. president, supervisors, my name's otto duffy, north of market activist. i just saw the film lincoln and i'm just struck by a number of parallels with this body. but it occurred to me that you folks are probably pretty busy people appear you might not have had a chance to see it so i don't want as to destroy the ending. i also want to thank our outgoing members here very much.
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i would just say that, in one case, there's a person who has very much on the other side of the political spectrum, and i think in all of eight years there was maybe one time we were on the same side but i really appreciated that time. so thank you. >> president chiu: thank you. and i want to welcome back former supervisor willie kenne kennedy. >> good evening. members of the board of supervisors, it's a pleasure to visit you today. but i came actually to hear, on behalf of the successor agency commission that was before you today. i didn't realize it had already been done. but nevertheless i enjoyed sitting through it and listening to it once again. it brought back old memories of things that occurred whoo whens here, although it may have gotten a little better, but i doubt it very much. sounds like the same old sme
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