tv Government Access Programming SFGTV October 2, 2019 12:00pm-1:01pm PDT
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>> -- to document the work, including means and methods and sequencing of the foundation work. that permit that was required is the permit that's under appeal. that's the revision that d.b.i. wanted them to get to document how they actually done the foundation. so what happened was they had a set of plans on the main permit. they didn't do the foundation like that. they totally changed the design. they probably went a bit lower, and that caused them issues with the next-door neighbors. and i don't know how they'd
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done their work, but it wasn't in the normal manner. so add to the problem, everything was sand, so you're in the part of the city that's sand, so you know, you've got to be careful when you're doing this work. as i said, by that point, we're seven months later. i met these people that owned 846 second avenue several times. d.b.i. has facilitated meetings. i've gone to the site a few times. their engineer is a really good engineer. he's be i've talked with him a couple of times. he's been in touch with us. they seem to want a design that we agree with, but there's nothing stopping that work. that has to be done on a separate permit on their property, not on 840 second avenue. it's probably about money.
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it's probably about what it is and what the damage was. there's something amiss. in my experience as a senior building inspector at d.b.i., we deal with undermining, underpinning. it's unfortunate, but there is a fix for it. they need to come together and figure out how much they're willing to pay to get that done. i think it has to do with how much. they can't agree on that. maybe that's the bigger issue, i believe. and that's unfortunate because we have notices of violation on both properties. the 846 second avenue, you heard it, we called it a friendly n.o.v. we have to document the property on a notice of violation. it protects them in a way, as well. it's something that they may need if they ever go to a civil process. if this doesn't get resolved, we're looking -- it's an unsafe
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condition. now, it's not an imminent condition. if it was, their engineer should be coming up with some plans to stablize the building. but you know, at the same time, there is an issue and they need to fix it, and i think it's more to do with the parties not getting together. on this permit under appeal, this permit was required by d.b.i., and it should have been done differently. what happened is the inspections -- when i went out there and saw the condition, obviously, my first question was who went out here from d.b.i.? who did the inspections. so when i went back to the office, i looked up the inspection history. i had to speak to the
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inspector, and i had to say, i just came from a property there. you did the inspection. the details on the drawings were not quite what they'd done. what happened? so what i was told is he's a pretty new inspector. we just hired him within the year. a very good inspector. what happened is he was shown an 8.5-by-11 detailed change, but unfortunately the inspector should have asked for it to be on a revision. he wouldn't have allowed the work to proceed, and he would have taken into account, he should have taken into account any work on the adjacent property on the property line. it's sand, and you've got to get that addressed. the inspector has been spoken to by myself and chief building inspector, as well. these things do happen.
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there was a mistake made, but i don't think it calls for an investigation of the department, which was in the brief, which is a little bit annoying to read, especially given the fact that i've been there several times, been very responsive. matter of fact, i've e-mailed their engineer. many thanks to them for facilitating the meeting here today. i think the permit is needed. they just need to get together and figure that out. it may end up in court, i don't know. >> joe, got several questions here. >> okay. >> commissioner honda: given the fact that the parties are not seeing eye to eye here, and it's probably going to go beyond this body, what is your recommendation because the house is already done? you know, at this point, i'm asking what do you think?
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>> well -- >> commissioner honda: i mean, granted, we make the decision. >> there's not -- the permit in my opinion was properly issued. it is in response to a notice of violation from d.b.i. it was part of our corrective action. they knew they had to get it. it was a corrective action that should have have been done at the time, and i think that this permit covers it. i haven't seen the plans. i've seen them way back, but i haven't seen them as part of the brief. i don't think there were many. they weren't in the brief, but at this point, i think the permits okay.
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we are -- d.b.i. has to make a decision if we're going to sign off on the permits at 840 second avenue with all the work being done. as you heard, they're passing it over to their insurance company. i think they're trying to avoid that initially. it's going to drag on, but what i would say to the owners of 840 second avenue, this has happened before in san francisco. this is fixable. your engineer knows what the fix is. it's a matter of figuring out how much it is and get that resolved and get it done. the sooner, the better. >> commissioner honda: i agree. >> i think they're planning on doing rooms on the ground floor, so they're probably holding up progress on the work on their own probably.
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lazarovitz that was my questioquestio >> that was my question, the work that was done on the permit. >> i sympathize with them. this permit, i think, is properly issued, so -- at this point. >> president hirsch: so mr. duffy, we finally have a case which we have been anticipating in my world at least for several years because most of the time, we have a case where the neighbor is a little bit proactive, and those next door door are going to undermine my foundation, and then, they appeal, and you reasure them
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through the inspection process that that simply is not going to happen, and we have modified the foundation and stuff like that. now we have one where it got approved. it was -- the permit was issued correctly. there was a -- there was a problem. i would like to ask you, because it's important, i think, for this body and for the appellant, in your view, you stated in san francisco, this happens on a regular basis. it's unfortunate, it's sometimes unpreventible, but it does happen. here's the situation as i read it. it occurred. whether or not -- we have a
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property owner who is not educated or sophisticated -- this is not an insult, by the way -- me, too, by the way. here's a property owner, and they own their house. they're happy to own it. they don't know about what happens during construction on san francisco's sandy land. and suddenly, they wake up one day, and i wake up one day, and i look over there, and i say whoops, you know, my ceiling fixture is separating from my ceiling. and i go gee, what's happening here, and then, i find out, etc., etc., etc. now, clearly, the -- clearly, it seems, that the fault is with the next door property developer who, i'm not going to call them negligent, but i will certainly find them responsible, that caused the
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undermining. what is a property owner to do? please identify what -- for the appellant, regardless of what we find tonight, please tell the appellant, based on a clear -- a problem which has clearly affected them that was the result of somebody's -- yeah. >> very, very good question. >> president hirsch: what was going to happen next? how would you advise them? and because, you know, i want my ceiling fixed. >> i have actually given that advice already several times. >> president hirsch: for the record, please, so we know that the advice has been given and it's constructive advice. >> yeah. and i don't know if i'd use the word regular, on a regular basis. it does happen now and again, but i don't think it's regular. >> so when the main permit got initially issued, you've heard
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me say this many times, d.b.i. as part of the -- because there was excavation at the property line, there was notification -- structural notification was sent out by d.b.i. when the permit got issued. and at that time, that's a good time to ask the questions. and sometimes with all due -- people that don't understand construction and maybe they were told this isn't going to be a problem and forget about it, it's going to be fine. >> president hirsch: and they're nice guys, and they don't want to create a problem for their neighbors. >> but that's your appeal period. that's your structural notification, come down and review the plans. obviously that didn't happen. but my advice is, if mr. king is still their engineer, get a detail drawn up as soon as possible and try to figure out a financial settlement with the neighbors to get this worked on. >> president hirsch: and do they have any responsibility to
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the -- if they don't choose to use the permit holder's contractor, even though the permit holder is offering their contractor, because obviously, i wouldn't use the contractor because they screwed up my house -- i'm speaking for me, not for them. do they have a choice to select the contractor, and is it in bounds for them to go to the permit holder and say thanks for offering to fix it, but i don't have faith in your contractor. i want my own, and that's a reasonable claim? >> yes. we can't make them use the recommendation. that came up as part of the meeting at d.b.i. this is from memory at the meeting, is that the contractor that did the work next door was quoting, like, $30,000 to do this work at their property, and their contractor that they were going to use was $80,000,
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and there was $50,000 in the middle. so that's why they wanted to use one. they have to use what they're comfortable with and who they want to let in the property. we told them at d.b.i., we're not going to get involved in who they want to use. they were close to settling, but it went sideways. i don't want to read the notification i gave them, but it contains plans to repair the condition at their property. >> president hirsch: and finally, given that there is interior damage, as would be expected in a settling house, this -- would the same hold true? would you -- they have no liability -- sorry. they have no responsibility to accept an offer from the permit holder. let me send my guy over, and he'll fix it just fine? they have the right to seek
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their own contractor and get subsidy to get the contractor to bring the property to the level of care that it was prior to the damage? >> yeah. i saw maybe four or five years ago, same thing. worse than this, actually. fractured sheet rock. the wall finishes, you could see movement. what d.b.i. want is a structural engineer to come up with a report that remedies all of these problems, beginning from the bottom to the top, whatever they have to do, and he will come up with an action on a plan or a set of drawings, and that will collect the issue. sometimes they do agree on ongoing monitoring for a year or two to make sure there's no settlement, and we mentioned
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that to them. it lets you know that your building's stopped moving. >> president hirsch: and finally, the -- obviously, the appellant is apprehensive about their financial exposure. what should their fear about financial exposure be? should they expect to be fully compensated for the repair by the next-door neighbor who caused the damage? >> well, that's for the courts to decide. if the insurance companies get involved, it's probably going to be involving lawyers, and that's probably for a judge to decide, but i'm sure, like everything in life, if you crash into someone's car, you're paying for it. it's coming down to the amount, and that's what it's going to be. if the insurance companies get involved -- >> commissioner honda: yeah,
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but what matters is who gets involved? >> president hirsch: yeah, but i think the public should be educated. it's my job to educate the public. i think it's important, our job, to educate the public, and get educated, too. >> thank you very much. >> commissioner honda: thank you. >> clerk: okay. is there any public comment on this item? okay. we'll now move on to rebuttal. are you with the permit holder, sir? [inaudible] >> clerk: okay. we're going to use the rebuttal time. when it's time -- i'll let you know when it's time to come up, and you can just write your name on a speaker card. okay. so we will now hear from the appellants. thank you. >> thank you. thank you. appreciate it. >> clerk: thank you. >> there's been a lot of dialogue back and forth. yes, we're not experts with what's going on, but we're dealing with people here with
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deep pockets. we don't know what to do. we don't know what to do at this point, because we have a house that continues to settle. even with the temporary shoring up, we noticed a door -- it looks like -- we have kids that can walk underneath the door now. with the rain, we're afraid it's going to continue to settle. as far as the insurance calling you, hey, they're going to call you, they're going to call you. three weeks from now, they're going to call you. we haven't gotten one single cent. we've paid $8,000 for engineers to come out and take a look at the place. it's not going anywhere. everything is like at a standstill. i know this is not a court, but like, a panel, get assurance from the other side whether that insurance is going to contact us so we can move forward with our lives here, so -- >> commissioner honda: are you done? so i've got one question.
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>> yes. >> commissioner honda: so the work started last year. what took so long to call the department of building inspections? >> we didn't know. we started noticed little cracking here and there, and then, when we decided my daughter -- we decided she's tired of living upstairs with us. >> commissioner honda: welcome to my world. >> we've got a daughter who wants to move from upstairs. it was from one side all the way to the other side, and you can see basically the stairwell. >> commissioner honda: okay. thank you. thank you. >> clerk: thank you. >> thank you, ma'am. appreciate it. >> clerk: we will now hear from the permit holder. >> good evening. i'm new to this. >> commissioner honda: welcome. >> we do have a claim -- my
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name is alex mcdowell. we do have a claim. it's 14639. we are not here to rebut what is done to their property. i just want to tell you my version of what happened. you probably don't want to hear it, but in a perfect world, we were told about the issue. we all showed up with our engineer, our contractor, them, too, and i believe it might have been one of their contractors. with their engineer, dave cane, who knows a lot about this, they came up with a fix. the two engineers worked together and came up with a fix. we just said we're going to fix it. we didn't stop any of that. we said we were ready to go. i mean, he was -- our contractor was ready to do it. he said one week, he'll be done. then it went sways. i don't know how. i left shaking hands, exchanging phone numbers,
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everything, and even to today, just walking in the door, they were saying hi. now, we want to make it right but when they came, and they switched around the price, and they were saying -- we were in mr. duffy's office with another gentleman, another senior inspector, and they offered to put a senior inspector on the job to look at it, we told them our contractor will do the work. we'll watch it. we'll take care of it and everything, and they said no. and they came up with a crazy price -- i mean, our contractor does a lot of work for us. a lot of work for us. we were going to fix it. just like my daughter hit someone. backed it -- little damage to the car. i offered hey, what do you want? he wanted $1,000. i said hey, i'll write you a check for $1,000 to keep it off
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my insurance. that's what they were willing to do. they came with an exorbitant amount of money. not just one, then, they said the other side of the house is going the other way. i'm not an expert. the foundation has a problem here. we don't understand why you're giving us a bill for another 100,000, so it got to 200,000. we don't make that much money on these homes, nor does the contractor. the contractor says i'm going to have to turn it to my insurance, and that's what we did. we tried to take care of it. mr. duffy was there, i was in the office. the lady was there. they seemed very reasonable, but then, i don't know. i don't know where it went. we wanted to take care of this issue. we're not running away from anything. we do a lot of projects in the city. >> clerk: thank you. >> commissioner honda: thank you. >> clerk: do you mind filling out a speaker card just so i
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get the spelling of your name correct for the minutes? mr. duffy, anything further? >> commissioners, joe duffy, d.b.i. just to follow up again on the 846 42 avenue property owner. if he's noticing further damage, he should contact his engineer immediately. part of the notice that was issued by d.b.i., after the friendly notice of violation, we call it, did ask for obtain an evaluation report from licensed structural engineer. evaluation shall include immediate items to mitigate/correct issues of the current foundation. so their engineer is the person that should probably be advising them on what's needed to be done out there, if they
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think they're getting further damage to their property, so i wanted to add that. i'm happy to speak to them about that, and of course, we at d.b.i. will meet with the engineer and do whatever we need to do from a building and code point of view. i don't think i have anything else. >> commissioner honda: okay. thank you. >> clerk: thank you. commissioners, this matter's submitted. >> commissioner honda: i'll start. so sorry that you guys are having to go through these issues. and evidently, if you're 100%, there's other issues there, as well. i think what's before us is really -- it's about the dollar amount, it's not about the necessarily work to get done. and being somewhat in the trades, looking at those numbers, i have my own opinion, as well. but unfortunately what's before us now is just the permit at hand.
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it's done and it needs to get executed. as you said, we are heading towards the rainy season. i would hope that, you know, you would work to -- to get your property in working order so that it does not have a further effect on your family or your home. but before us tonight is just if the permit is properly issued. i believe it has. i believe that there's been a lot of process on this particular property. so i would -- i would deny the appeal on the grounds that the permit was properly issued. i guess that's my motion. >> clerk: okay. we have a motion from commissioner honda on to deny the appeal and uphold the permit on the basis it was properly appealed. on that motion -- [roll call] >> clerk: okay. so the appeal is denied. thank you. this concludes the hearing.
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gavel, president swig? [gavel]. >> clerk: thank you. >> growing up in san francisco has been way safer than growing up other places we we have that bubble, and it's still that bubble that it's okay to be whatever you want to. you can let your free flag fry he -- fly here. as an adult with autism, i'm here to challenge people's idea
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of what autism is. my journey is not everyone's journey because every autistic child is different, but there's hope. my background has heavy roots in the bay area. i was born in san diego and adopted out to san francisco when i was about 17 years old. i bounced around a little bit here in high school, but i've always been here in the bay. we are an inclusive preschool, which means that we cater to emp. we don't turn anyone away. we take every child regardless of race, creed, religious or ability. the most common thing i hear in my adult life is oh, you don't seem like you have autism.
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you seem so normal. yeah. that's 26 years of really, really, really hard work and i think thises that i still do. i was one of the first open adoptions for an lgbt couple. they split up when i was about four. one of them is partnered, and one of them is not, and then my biological mother, who is also a lesbian. very queer family. growing up in the 90's with a queer family was odd, i had the bubble to protect me, and here, i felt safe. i was bullied relatively infrequently. but i never really felt isolated or alone. i have known for virtually my entire life i was not suspended, but kindly asked to not ever bring it up again in first grade, my desire to have a sex change. the school that i went to really had no idea how to
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handle one. one of my parents is a little bit gender nonconforming, so they know what it's about, but my parents wanted my life to be safe. when i have all the neurological issues to manage, that was just one more to add to it. i was a weird kid. i had my core group of, like, very tight, like, three friends. when we look at autism, we characterize it by, like, lack of eye contact, what i do now is when i'm looking away from the camera, it's for my own comfort. faces are confusing. it's a lack of mirror neurons in your brain working properly to allow you to experience empathy, to realize where somebody is coming from, or to realize that body language means that. at its core, autism is a social disorder, it's a neurological disorder that people are born with, and it's a big, big
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spectrum. it wasn't until i was a teenager that i heard autism in relation to myself, and i rejected it. i was very loud, i took up a lot of space, and it was because mostly taking up space let everybody else know where i existed in the world. i didn't like to talk to people really, and then, when i did, i overshared. i was very difficult to be around. but the friends that i have are very close. i click with our atypical kiddos than other people do. in experience, i remember when i was five years old and not wanting people to touch me because it hurt. i remember throwing chairs because i could not regulate my own emotions, and it did not mean that i was a bad kid, it meant that i couldn't cope. i grew up in a family of behavioral psychologists, and i
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got development cal -- developmental psychology from all sides. i recognize that my experience is just a very small picture of that, and not everybody's in a position to have a family that's as supportive, but there's also a community that's incredible helpful and wonderful and open and there for you in your moments of need. it was like two or three years of conversations before i was like you know what? i'm just going to do this, and i went out and got my prescription for hormones and started transitioning medically, even though i had already been living as a male. i have a two-year-old. the person who i'm now married to is my husband for about two years, and then started gaining weight and wasn't sure, so i we went and talked with the doctor at my clinic, and he said well,
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testosterone is basically birth control, so there's no way you can be pregnant. i found out i was pregnant at 6.5 months. my whole mission is to kind of normalize adults like me. i think i've finally found my calling in early intervention, which is here, kind of what we do. i think the access to irrelevant care for parents is intentionally confusing. when i did the procespective search for autism for my own child, it was confusing. we have a place where children can be children, but it's very confusing. i always out myself as an adult with autism. i think it's helpful when you know where can your child go. how i'm choosing to help is to give children that would
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normally not be allowed to have children in the same respect, kids that have three times as much work to do as their peers or kids who do odd things, like, beach therapy. how do -- speech therapy. how do you explain that to the rest of their class? i want that to be a normal experience. i was working on a certificate and kind of getting think early childhood credits brefore i started working here, and we did a section on transgender inclusion, inclusion, which is a big issue here in san francisco because we attract lots of queer families, and the teacher approached me and said i don't really feel comfortable or qualified to talk about this from, like, a cisgendered straight person's perspective, would you mind talking a little bit with your own experience, and i'm like absolutely. so i'm now one of the guest speakers in that particular class at city college. i love growing up here.
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i love what san francisco represents. the idea of leaving has never occurred to me. but it's a place that i need to fight for to bring it back to what it used to be, to allow all of those little kids that come from really unsafe environments to move somewhere safe. what i've done with my life is work to make all of those situations better, to bring a little bit of light to all those kind of issues that we're still having, hoping to expand into a little bit more of a resource center, and this resource center would be more those new parents who have gotten that diagnosis, and we want to be this one centralized place that allows parents to breathe for a second. i would love to empower from the bottom up, from the kid level, and from the top down, from the teacher level. so many things that i would love to do that are all about changing people's minds about certain chunts, like the transgender community or the autistic community.
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valencia has been a constantly evolving roadway. the first bike lanes were striped in 1999, and today is the major north and south bike route from the mission neighborhood extending from market to mission street. >> it is difficult to navigate lindsay on a daily basis, and more specifically, during the morning and evening commute hours. >> from 2012 to 2016, there were 260 collisions on valencia and 46 of those were between vehicles and bikes. the mayor shows great leadership and she knew of the long history of collisions and the real necessity for safety improvements on the streets, so she actually directed m.t.a. to put a pilot of protected bike lanes from market to 15th on valencia street within four months time. [♪] >> valencia is one of the most used north south bike routes in
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san francisco. it has over 2100 cyclists on an average weekday. we promote bicycles for everyday transportation of the coalition. valencia is our mission -- fits our mission perfectly. our members fall 20 years ago to get the first bike lane stripes. whether you are going there for restaurants, nightlife, you know , people are commuting up and down every single day. >> i have been biking down the valencia street corridor for about a decade. during that time, i have seen the emergence of ridesharing companies. >> we have people on bikes, we have people on bike share, scooters, we have people delivering food and we have uber taking folks to concerts at night. one of the main goals of the project was to improve the overall safety of the corridor, will also looking for opportunities to upgrade the bikeway. >> the most common collision that happens on valencia is
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actually due to double parking in the bike lane, specifically during, which is where a driver opens the door unexpectedly. >> we kept all the passengers -- the passenger levels out, which is the white crib that we see, we double the amount of commercial curbs that you see out here. >> most people aren't actually perking on valencia, they just need to get dropped off or pick something up. >> half of the commercial loading zones are actually after 6:00 p.m., so could be used for five-minute loading later into the evening to provide more opportunities or passenger and commercial loading. >> the five minute loading zone may help in this situation, but they are not along the corridor where we need them to be. >> one of the most unique aspects of the valencia pilot is on the block between 14th street. >> we worked with a pretty big mix of people on valencia. >> on this lot, there are a few schools.
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all these different groups had concerns about the safety of students crossing the protected bikeway whether they are being dropped off or picked up in the morning or afternoon. to address those concerns, we installed concrete loading islands with railings -- railings that channel -- channeled a designated crossing plane. >> we had a lot of conversations around how do you load and unload kids in the mornings and the afternoons? >> i do like the visibility of some of the design, the safety aspects of the boarding pilot for the school. >> we have painted continental crosswalks, as well as a yield piece which indicates a cyclist to give the right-of-way so they can cross the roadway. this is probably one of the most unique features. >> during the planning phase, the m.t.a. came out with three alternatives for the long term project. one is parking protected, which we see with the pilot, they also
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imagined a valencia street where we have two bike lanes next to one another against one side of the street. a two-way bikeway. the third option is a center running two-way bikeway, c. would have the two bike lanes running down the center with protection on either side. >> earlier, there weren't any enter lane designs in san francisco, but i think it will be a great opportunity for san francisco to take the lead on that do so the innovative and different, something that doesn't exist already. >> with all three concepts for valencia's long-term improvement , there's a number of trade-offs ranging from parking, or what needs to be done at the intersection for signal infrastructure. when he think about extending this pilot or this still -- this design, there's a lot of different design challenges, as well as challenges when it comes to doing outreach and making sure that you are reaching out to everyone in the community. >> the pilot is great. it is a no-brainer.
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it is also a teaser for us. once a pilot ends, we have thrown back into the chaos of valencia street. >> what we're trying to do is incremental improvement along the corridor door. the pilot project is one of our first major improvements. we will do an initial valuation in the spring just to get a glimpse of what is happening out here on the roadway, and to make any adjustments to the pilot as needed. this fall, we will do a more robust evaluation. by spring of 2020, we will have recommendations about long-term improvements. >> i appreciate the pilot and how quickly it went in and was built, especially with the community workshops associated with it, i really appreciated that opportunity to give input. >> we want to see valencia become a really welcoming and comfortable neighborhood street for everyone, all ages and abilities. there's a lot of benefits to protected bike lanes on valencia , it is not just for cyclists. we will see way more people biking, more people walking, we are just going to create a
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really friendly neighborhood street. [♪] [♪] >> i just wanted to say a few words. one is to the parents and to all of the kids. thank you for supporting this program and for trusting us to create a soccer program in the bayview. >> soccer is the world's game, and everybody plays, but in the united states, this is a sport that struggles with access for certain communities. >> i coached basketball in a coached football for years, it is the same thing.
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it is about motivating kids and keeping them together, and giving them new opportunities. >> when the kids came out, they had no idea really what the game was. only one or two of them had played soccer before. we gave the kids very simple lessons every day and made sure that they had fun while they were doing it, and you really could see them evolve into a team over the course of the season. >> i think this is a great opportunity to be part of the community and be part of programs like this. >> i get to run around with my other teammates and pass the ball. >> this is new to me. i've always played basketball or football. i am adjusting to be a soccer mom. >> the bayview is like my favorite team. even though we lose it is still fine. >> right on. >> i have lots of favorite memories, but i think one of them is just watching the kids enjoy themselves. >> my favorite memory was just having fun and playing. >> bayview united will be in
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soccer camp all summer long. they are going to be at civic centre for two different weeklong sessions with america scores, then they will will have their own soccer camp later in the summer right here, and then they will be back on the pitch next fall. >> now we know a little bit more about soccer, we are learning more, and the kids are really enjoying the program. >> we want to be united in the bayview. that is why this was appropriate >> this guy is the limit. the kids are already athletic, you know, they just need to learn the game. we have some potential college-bound kids, definitely. >> today was the last practice of the season, and the sweetest moment was coming out here while , you know, we were setting up the barbecue and folding their uniforms, and looking out onto the field, and seven or eight of the kids were playing. >> this year we have first and second grade. we are going to expand to third, forth, and fifth grade next year bring them out and if you have middle school kids, we are starting a team for middle school.
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