as the appellants had mentioned. i would like to get a number of vacancies and violators, because there is evidently a reason why the system changed. >> i do not know what system change you are referring to. we were discussing a change in the fee methodology. it should not have any impact on a lease up or vacancies on the bmr unit. those are separate issues. i'd be happy to come back and report on vacancies in our bmr program. >> i didn't mean to off track. >> i want to make clear that our team is dedicated to ensuring a lease up happens as quickly as possible. >> thank you. >> any public comment on this item? moving on rebuttal. >> thank you. i am disguised with glasses here. if you want to answer a question about the vacancies, our brief is freely available. we have identified units that are vacant in assistant. the other issue whether you want to call it prejudice, or unfair. the fact of the matter is, small units under the old system, it was unfair to them. i think that was just stated differently then i stated i

the appellant or appellant's representative will have up to ten minutes for presentation, up to two minutes per speaker in support of the appeal, up to ten minutes for presentations from the public works and planning department. up to ten minutes for the project sponsor which will be represented by barbara hertzig, and two minutes in opposition to the appeal and in support of the project; and finally, a total of three minutes for the appellant or appellant representative to provide a rebuttal. colleagues, are there any objections to proceeding this way? seeing no objection, the hearing is now open. supervisor stefani, do you have any remarks you would like to share before we get going? >> supervisor stefani: not at this time. >> president yee: okay. seeing no names on the roster, i will ask the appellant or their representative to come forward and present their case. you have up to a total of ten minutes. >> hi. thank you very much for giving the time for me and my wife to speak. i'm adam zagoria, and i appreciate the opportunity to appeal this approval, the tentative map. we live nearby, v

now the appellant wants to pay the fee. they are being told that in august of 2018 when they pulled a site permit, unbeknownst to them, they were locking in a fee schedule in 2018 despite the fact that fees in the city are paid, and are determined, the amount is determined when a building permit is pulled not a site permit. if we were to confirm the das understanding, and the das position here, you would be frustrating the entire purpose of the change in the fee. the methodology was changed between 2018 and 2019 precisely so the projects like the appellant small projects in small units could pay the fee. in facts, the planning commission last month stated this on the record of the planning commission that in her mind, projects like the appellant should be encouraged to pay the fee. because, for several reasons, but primarily because the first one is, when a developer constructs small reserved affordable units, in a project, they tend to sit vacant. we provided significant amount of evidence in the record that those types of

and the appellate body was running again. this is something in the process of finalizing later this week, we are in contact with other companies and that is an alternative to the stopgap solution which disappeared when the appellate body is up and running again. we are moving a long way to address the concerns and whether responding to these concerns what the us wants and the appellate body or whether the objective is to see the appellate body disappear and return to 1994. i'm not entirely sure but we have the walker report on the table and do the trick. >> i have a lot more but time to turn to the audience. wait for the microphone. identify your self and ask a question. don't give a speech. >> i promise. i'm president of the american institute for contemporary journalism studies. you talk a lot about linkages about assertiveness and instruments. i want to ask two questions related to that. and listing the new instruments the eu has you mention the investment screening mechanism which as far as i understand it is only a trans

seeing none, we will move on to rebuttal, so we'll now hear from the appellant. miss huynh, you have three minutes to address the board. >> just because the san francisco examiner did not mention about the tree does not mean i'm not personally concerned. i was personally invited to the meeting. i think i got a flier from one of the democratic clubs in the mission. there was a meeting about the trees, and they tried to fool the public by saying all those trees were scheduled for removal. i had to straighten chris buck out. i said no, 3030 16 street i said were being challenged. there was at least ten people asking questions, but they were probably intimidated by chris buck's position with department of public works. on his card, it said public forester, and he sounded really nice and rational, but he said all these trees were slated for removal, and he did not say we could appeal. the truth is i would rather have the existing mature trees and know that they're there. if there are some branch failure, yes, i worry about human life. that is because human beings are

it is not really the issue that the appellant is here to talk about. thank you. >> thank you. >> mr. fisher, you have three minutes to respond to this. >> this is all news to me. i guess the real question is that they need to grant us the appeal. the tenants want housing. the role of the department of building inspection is not following up on violations, i am ready to go on this. >> you can talk to us. >> this is really interesting because this has gone on for a year and this is an eviction of long-standing african-american tenants. forty years in this place. jackie long has mobility problems, her daughter is schizophrenic, her son-in-law has had six surgeries since 2014 due to a work-related accident and has more coming. these people have no safety mats -- safety nets and cannot be moved away from their doctors. i went into this because i don't want this on my head. i have been to their weddings, i have been to their funerals. what is going on here, which is really offensive, as i have a report from their engineer from 2018 about what is needed from

come on up. >> i'm going to ask the appellants if any have. homeless for a considerable amount of time to raise your hand. you have to consider passing this bill. it's very important to the 200 people out there. i commend supervisor pe secondsr standing up and i want to ask each of you to stand up to get buildings in your district. so what i'm hearing tonight in the previous testimony has met a lot of anti-mayor. is this an anti-mayor campaign or what it is about, property values? so i would have a suspect of motives here tonight. they talked about traffic. there was no opposition to the chase center down the street. there was to opposition to at&t down the street and no opposition to ucsf down street. homeless, we don't drive cars, so we're not going to be an impact. and earlier someone said, i heard a joke, steelhead fish? really? homeless are being blamed for the fish in the oh ocean?that's a new one. we talked about alcohol and drugs, where there's 26 alcohol licenses within walking distance of this center. i don't think that's an issue. i

and finally, a total of four minutes for the appellant or appellant's representative to provide a rebuttal. colleagues, are there any objections to proceeding in this way? seeing no objection, the public hearing is now open. supervisor haney, would you like to make any remarks? >> i will say my remarks -- save my remarks and questions for after the presentation. i won't think the -- i want to thank the appellant, i want to thank all the departments were here. i had the opportunity to meet with the appellant and they want to advance thanks all the residents were here and participating in this, and i will look forward to hearing the presentations and asking my questions and making comments, and i also want to thank my colleagues for participating in this district six double feature here today. i appreciate you all being involved in taking these issues seriously. with that, you may begin. >> thank you, supervisor haney. i will now ask the appellant or their representative to come forward and present their case. you have a total of ten minutes. you may start. >> thank you thank you. i am the m

we will hear from the appellant. you have three minutes, sir. >> thank you. let me quickly address a couple of points made. thfirst of all, where is the rae yard setback? it's on bucannon and that's where they're providing zero. there's confusion and statements have been misleading regarding our building. i'm showing our building and we have 100-foot deep lot and we provided about 20-foot average and actually, it would be 25-foot. we did get a variance but provided about 80% of the rear yard. the fact is, we provide a rear yard and we provided a voluntary foot-foot setback when our neighbor asked for a greater setback. it was 30 feet and we provided 35 feet. so we listen to our neighbors. the comment about other barriers. they required us during construction to provide a variance to satisfy dbi. so we had a variance, a technical variance but we provided a rear yard and to rear yard is provided here as i note there. tha very important point was mae by their attorney and talked about the relationship between the existing historic building and the proposed build

as regards to the fashioning of the appellate body. and we want to overall improve the working methods of the organization. but we are not alone in this either. is engaged with us in this process and so are other countries. would have been making proposals reaching out to a large number of the w.t.o. members. we are convinced that the best way to secure the benefits of global trade and the best way to rein in china in a fair and lasting manner is a better w.t.o., one fit for the 21st century. so let me come back to where i started, history. what can we learn from history? i think we can learn that narrow interests gained from managed trade, while the majority lose out. but there is no protection in protectionism. money,s about more than it is about influence and alliances, about politics and power, but it is better to reform then to relapse and that in the long run, though the pendulum has swung back and forth, the amount of progress is in the direction open global debate. that is why the e.u.-u.s. important. an alliance where we addre

the appellants are concerned about the foundation types provided for the project. although the project is temporary in nature, it would be required to obtain a permit from the port chief's harbour engineer, who would require structural and geotechnical reports peer reviewed prior to issuance of a building permit. the cheer harbour engineer for the port and public works are here to answer topics. the fourth topic is soil contamination and this was mentioned by commenters. the project has been enrolled in the city's programme which routinely addresses projects on sites with potentially hazardous soil or ground water. in order to protect the public health and safety. the project will be required to comply with the programme and need compliance. the director of environmental health at dph is here today to answer questions regarding this matter. the fifth and final point that i will cover relates to an email that safe embarkadaro submitted. i was related for species specifically central coast steel head. the email does not explain how project would affect steelhead in t

however, do we have the appellant in the audience? >> the requester is present. at this point, you should probably recuse yourself, and then we will call you when the item is over. >> that's why we elected the vice president. [laughter]. >> are we going to hear the next case if the department is not here? >> okay. , i see, the bureau of urban forestry is not here and no one is here from o.c.i. i. >> correct. i guess we could do that. the requester is here. would you like to delay it and go into the next item. >> why don't we go into the next item. i appreciate the requester's patients. >> but you shouldn't be involved in deciding whether or not the case -- arms adjusting the vice president in the two other commissioners -- do you want to hear in our given opportunity for the other departments to be present? >> i am of two mines because there is no response from the department in the material, so i wonder if they are going to be present or not. they know it was the first item on the agenda, i mean. >> it is 5:12 p.m. >> frankly i think we should go ahead and here

action requested by appellant to obtain a 90-day extension to do the work. would staff like to come forward? >> good morning. my name is mauricio hernandez, chief building inspector for code enforcement process. so the summary is work without permit, over excavation and removal of a retaining wall, at the rear lot and hazardous condition. a notice of violation was issued back in august of 2018. number regards to the excavation that was observed. -- two building permits, one for shoring and the other one for remediation to comply with a notice, repair the retaining wall. and also provide -- [inaudible] in regards to the damage done to the foundation. as you can see on the back, there's some picturing showing the damage. this is the foundation of the existing adjacent property. the retaining wall is the one on the -- already removed and that's the exposed soil conditions of the adjacent property. staff issued order of abatement. and 3/20/2019 the owner was given enough time, he was also given an extension of the hearing, in order to correct this. there's only

the appellate court said this has to be sent back, this time to an adult court.very, is there already a message now being sent? will this be tantamount to or lead to a fair trial? >> i think there's no question but that the reversal of judge troiano tees it up for a fair trial. the decision written by this particular judge was just reprehensible. the idea that because someone comes from a good family somehow excuses the horrific violence of this young woman is just inexcusable. and good for the court of appeals. the judges there made it very clear this is wrong. it doesn't matter if you're rich, poor, you're a good student or bad student. if anything, a good family would have taught this young man that what he did is unacceptable in any respect. so look forward to this case going to a grand jury, look for the indictment and look for the trial going forward in adult court. >> so, richard, do you see that this reversal would impact this new criminal trial? >> well, it definitely put the case in the headlines. people who haven't heard about this now know about it in

judge guzman: the appellate court. [laughter] get to see your mistakes? judge breyer: well, there is a tendency to bury some of these mistakes. michael: [laughter] judge breyer: i think there are a lot of types of feedback and a lot of types of instruction. of course, you have baby judge school and so forth, but one of the great resources you have are the colleagues of your court. if you are lucky enough to be in a collegial court, and we are, where we will have lunch frequently four times or five times a week together, where we discussed problems, where you can walk down a hall and go into another judges chambers and say, what do you think about this? what do you think about that? it is that constant feedback from other people that give you an insight and change your behavior. it actually changes your behavior. so i think that is extraordinarily valuable, but it is only as valuable as having a bench that is diverse, that will make you aware of different --blems because it is a fact in my life, i was not aware of all of it. it is a great contrast because

the appellant -- as i mentioned before, they were not close enough to be noticed.the second issue is that the proposal includes a substantial increase in the vertical height of the existing building. since this appeal was over the condo subdivision, the appellant 's issues were not relevant in the board was not in a position to do anything about the proposed project. supervisor stephanie explained this during her comments and said he sympathized with the appellant's issues and was looking at ways to address the noticing issue. she then moved to approve the map and deny the appeal. that is all i have for you today >> thank you. >> seeing no questions, commissioners, we can move onto general public comment. members of the public may address the commission on items of interest to the public that are within the subject jurisdiction of the commission except agenda items. each member of the public may address the commission for up to three minutes. i do have just the one speaker card. >> come on up. anyone else who wants to provide public comment, general public comment,

there is a claim by the appellant that that opening is a little bit smaller.don't want that, and i don't know if that is the case or not. it was just in the brief. but maybe we put some language in there that we are going to uphold the permit that the existing egress opening, with, and height, be maintained in the new windows. that might change the order or style, but again, it is a pity they couldn't work it out. i encourage them to get together and figure this out. it is unfortunate a permit of this magnitude, of this so small ends up here front of you. hopefully they can figure it out i am available for questions. >> thank you. >> thank you. is there any public comment on this item? we will move on to rebuttal. you have three minutes. >> this is a picture of the existing window. the one on the right is the replacement vinyl window that the other one of my clients illegally installed. you can see is a pretty dramatic difference in terms of what it will look like. i think, based on joe's commentary just now, the replacement of the window will definitely, sign

going on to have record numbers of appellate judges confirmed and not just any old appellate judges, these are the cream of the crop supreme court litigators, top-tier professors, people who have incredible amounts of experience and we are seeing that group of judges now already on the bench really starting to make a mark. having a second supreme court vacancy with justice kavanaugh, that was another strong pick and we seen his first term on the bench be one where he was taking a leadership role in many cases in terms of pointing out the importance of the original understanding, the text of the law, and shore up that bench. look to that and say you know what, this is an incredible success and it is not just a temporary until someone overturns this piece of legislation or until the next president cancels out that executive order. these are people who will be serving for decades on the court and are going to be a key -- have a key role in making sure whatever laws our elected representatives pass, they are being faithfully taking care of. i think that is a huge issue and one trump has

as was said just a moment ago by my colleague from ohio, the appellate court in new orleans is taking up an issue that republicans, including the president, have put before the repeal able to gain a in the congress of the united states, they are now pursuing in the courts of the land a repeal put forward by i think 16 attorney generals, all republicans, to use the courts to repeal the affordable care act. i want us to understand what this means. the fight of the last eight years, unsuccessfully in the court of the people, the congress and the senate of the united states, being unsuccessful, they are now they are now attempting in the courts of this land to do what they could not do through the representatives of the people of the united states. the cynical effort to do this 2017, y began with the december, 2017 tax cuts that the republicans rammed through congress without one hearing. not a hearing in the ways and means committee, not a hearing in the senate finance committee, not a hearing at all. and attached to that legislation was a repeal of the mandate that was in the affordable

i became an appellate judge in 2001. i wrote an opinion, maybe the houston newspaper picked it up, and that was it. they rarely praise, occasionally, but if they do want to criticize it, it is there. now, i wake up and go to twitter the first thing in the morning and there it is. , so that brings stress, so i'm being criticized in kentucky or wherever. michael: so you tweet? judge guzman: yes, @justiceguzman, just in case. [laughter] michael: do you? judge breyer: no, no social media and i have no social media , skills. michael: how do you know if you have not done it? judge breyer: i would not even know how to do it. i have to phone my son to connect the telephone or something. it is terrible, what i am, i am sort of anti--skilled. so i cannot really do anything. i will tell you that i do tell that judges are really discouraged from engaging in social media. awayestingly, i just was for four weeks, just traveling, bicycling, having a great time and so forth. and we decided as a group not to read the paper, not to watch

i became an appellate judge in about 2001. i wrote an opinion, maybe the newspaper picked it up in houston and that was it. it, itnted to criticize is there. twitterake up and go to and there it is. stress,ge, that great so i'm being criticized in kentucky or wherever. tweet?you >> yes. >> do you? >> i have no social media skills. >i would not even know how to do it. i have told my son to connect the telephone. it is terrible. anything, but do i will tell you that the justices are really discouraged from engaging in social media. weeks just for four traveling, having a great time and we decided as a group not to read the paper, not to watch tv. it is a good idea to detach yourself. >> also an argument for being to -- too -- two detached detached. it is frowned upon. it is a different tuition. that means you are an elected official. what is the argument for? >> it gives the public and insight into the judiciary. it may be at an all-time low, it certainly is among minority communities. civics education, people just don't know wh

board court, had no appellate judges, right? mostly politicians. and some people think maybe some real world experience is -- is lacking on a court like ours where almost everybody has been an appellate judge and i come from a world which was not very different from that, the world of law schools, you know, but there aren't any politicians, any -- anybody who just brings a completely different set of experiences to bear. i don't know, you know, i guess i'm not altogether a fan of that model. i think that most of what we do is pretty serious lawyers' work. i can't think that most people who haven't done pretty serious lawyering in their lives would find most of it very interesting. i think, you know, so -- i guess -- i don't mind that -- i don't really see the alternative as a better one. >> all right. so we have time for a few questions. why don't we start to the left and say your name and then ask a question. >> first i would like to say for coming. i am a freshman at the university of austin, texas. i remember when you were discussing justice sca