dpw gave notice during the same time. that is the 15-day period. it so happens, and my client will show you prove, that off the grid did have a location within 300 feet of grumopy's during the 15-day period before it expired -- within 300 feet of grumpy's./ you can have it in the 50 days, and that food truck was there, and grumpy's very well could have appealed. no malice was attended here. you just heard that the client purposely located 300 feet away from grumpy's and the others to avoid notice. that is one way to look at it, but the reason that off the grin has a fantastic record of notice is that they do the research to find locations that are three a hundred feet away from other businesses with similar food. why? it is not to avoid an appeal, is to make sure the other businesses feel comfortable that their customers will go to their place. the client wants to make sure that it does not give the competitors, potential competitors, a feeling that this will be so close as to interrupt their business. by the way, we do not feel it in trust their b

in fact, dpw concedes that it could eckstein the noise threshold.next, try to sidestep the whole issue by saying they included the sound study by mistake and that the study was actually for different equipment. however, i found it odd that nextg provided information on how it is different in the study and no assurances. as a result, i reached out to the equipment manufacturer. i have been told that the sound produced by the equipment will be similar to the sound produced by the equipment tested by the manufacturer. i can discuss this in detail. they have taken in the appropriate stance -- have taken an inappropriate stance. they are talking about the public health compliance standard. but dph and dpw argues that they can fix any sound issues after the installation. and after the permit is issued. this is disappointing for three reasons. first, there is no evidence that they can fix it after the installation is complete. second, we all know that once a permit is issued, it is extremely difficult to get them to adjust that side, as evidenced by the fa

president hwang: related to the dpw issuance, they are issued at the same time? >> i actually did not realize. i thought everyone had been noticed. it is not our business practice to surprise people. when grumpy's, attacked me, i told him that it was my belief that we had issued a notice, but we had gone out before in september. we went out and contacted them and head of time. we thought we had done due diligence. i personally feel that more diversity is better. we chose this location because it is so far from other food options. i am not sure you can make it out there, but other than grumpy's which is sort of on the threshold of 300 feet away, and i can tell you where we could be in this location where we are permitted, but other than that single location, all of the other locations are well, well outside of 300 feet. president hwang: in your efforts to reach out, what was the response? >> i sent some of my managers. one time, asked to speak to the manager, and they were asked to speak with the owner. one of my managers is sitting there over there. they went bac

dpw proposes to use $226,956 to repair public sidewalks. the remaining $226,956 will be used for preliminary engineering, planning and design of curb ramps at various sites selected from a list developed by dpw in conjunction with the mayor's office of disability. programs designed with these grant funds will be constructed in fiscal years 2013-2014 using funds from prop k, the local have since sales tax measure to the metropolitan transportation commission does not require that counties provide local matching funds for this grant. we had mta and dpw programs that here that would be happy to answer questions from the board. supervisor avalos: thank you for your presentation. i see others coming in. a question about the bicycle safety outreach and education programs. how are those conducted? i guess that is a question for the mta. >> yes, i will ask them to step up. >> i am with liveable streets at the mta. typically we take about 10% of the tda allocation and use it for a variety of ongoing activities, as well as new initiatives that we com

i am going to take this matter up directly with the director of dpw. i will take the information to him that and provide information to mayor edwin lee that we have seven traffic lights within san bruno and sultan. as long as the government gives a dollar to the city, some things have to be done. if due diligence is met. now, one of things we have to keep in mind of the demographics. we have senior citizens, young children that need the based safety for their constituents. mr. chair, i ask you to look into this. thank you very much. commissioner avalos: thank you. next speaker. >> andy thornley, bicycle coalition. we have lots of projects. at $105,000 is a great investment. on the marina bay trail, staff has made a great case for it. the enclosure lets you know how important this is for bike and pedestrian traffic. i was out there on saturday weeding and america's cup bike tour. we showed them how we wouldn't move all those bodies when the america's cup comes to town. it was crowded with humans, but not about cars. the parking that is part of the conve

on the latest billing roblem. 3 (rawlings-bbake) "while the story is news, it wasn't ews to dpw.immeddate the thingg that i talked abouu before, increasing the number of customer service workers so & we can respond tt issues more quickly." quiikly."dpw officcals say they're still investiiating o see if other emppoyees submitted fake readings. 3 more than a half million catholics in maryland are welcoming a new leader tonight. the reverenn william lori became he new aachbishop of baltimmre today... thee aahedral of mmry our queen where e's just beenn installed, jeff.... 3 more than... two-thousand catholics... afternoon.../ to... welcome the neeest leader.../ att.. this country's ...oldestt -3 diocese. 3 reverrnd willlam lorr was insttlleddassthe 16'th archhishop of baltimore.... -3 heereplaces carddnal williamm o''bien who's assuming a new position ii room. the new - archbishop is a kenttcky native, who comes from anooherr-3 diooese in bridgeport, connecticut. at a news - confereece earlier today, lori -3&pdeeended the churches tance aaainss same sex marrrage.....and claimed his

>> these came as -- with discussions with dpw. the city can take back any -- those are public spaces that are in those basements. there have been times when the commissioners worked on an issue related to a major project. in district 3, relating to the central subway, at one point. all of the provisions are intended to do is if the triggers are met, which would be unusual for any existing business, it would allow the department to revoke the use. it would just make it easier for the dpw process. it is not intended as a dramatic policy shift. in the case that i work on most directly with the central subway, there were retailers in union square that built out some sidewalk basements. those were revoked in order to move the utilities from underneath the street to the basement. even utilities that were in the basement, like the one commissioner sugaya mentioned, those are public utilities. we are not so whetted to this. if the condition -- if the commission was to recommend this, i would take it back to dpw to refine the issue. it was

we got a call from somebody asking, is dpw doing this? we said yes. i have $50,000, i will support it. we are a private group. this is not tax deductible. we do not care. and they rebuilt some houses. the problem with most people is they could not even teardown their homes. but this is the burning man twist. i love telling this story. being who they were, the culture, at the end of each day, the landscape was strewn with debris. you have to seeing the pictures. they gather up the debris, at night, they turn it into a bonfire. that is part of our culture. then locals started to come around and one woman said, i have never seen anything like this. i have never seen anything like this, but i like it. pretty soon, they were making art. fema is not going to do that for you. and that was just a spontaneous effort. now it has expanded around the world. this came out of burning man, this wild, crazy party. >> let us start over here with a question. >> i would like to ask a question about dpw. the people that build infrastructure. i want to know why they do no

any questions to dpw on this item? in addition to the members of the public that already testified, is there anyone else who wants to speak on this item? seeing none, this item has been held and filed. we have a revised report of the assessment costs. unless there are any questions, why don't we vote to adopt the resolution with the amended report, which is underlined in the resolution? supervisor chu: aye. supervisor cohen: aye. >> supervisor elsbernd is absent. supervisor mar: aye. supervisor olague: aye. supervisor wiener: aye. supervisor avalos: aye. supervisor campos: aye. >> there are 10 ayes. president chiu: the resolution is adopted. if we can go to our 4:00 p.m. special order, items 23 through 26. >> the 4:00 p.m. special order is constituted by items 23 through 26. i'd 23 is a public hearing of persons interested in the decision of the planning department, determination dated february 3, 2012, that a project located at 1100 lombard street is exempt from the environmental review under the california environmen

this would leverage congestion management agency block grant that was awarded by the authority to dpw in june of 2010. this project would construct a 1.5 mile path with a separated 12-foot class one bicycle facility and a six-pedestrian walkway. this is on the north side of marina boulevard between laguna an alliance. i can direct you to -- in your package, not in your enclosure -- page 109 of your inclosure. does give you a diagram. is a very engineering looking diagrams but it gives you the locations along marina boulevard. in the improvements include a separated by campus transistor -- facility, pat resurfacing intersection, safety improvements as well. and one other thing to note, with this product there is ongoing coordination that dpw and mta's are doing with the community planning process. this is in regards to 57 parking spaces along the three-block state that -- between baker and scott. it would allow for an existing conflict between vehicle and non vehicle users but the project as designed would not preclude the removal of any parking spaces in the future. that would occur a

dpw practice is only to forward the agreement. page two, line 15 clarifies that the puc, given its charter a 40, only to obtain those permits that are legally -- authority, only to obtain those permits that are legally required. supervisor mar: i see a nod from our city attorney. we have close public comment. colleagues, can we move these amendments without objection? can we adopt this resolution with a positive recommendation? thank you. thank you, everyone. we now have items two and three. should we call them together? we are joined by president chiu. >> item 2 -- ordinance amending the san francisco transportation code. supervisor mar: we are joined by the sponsor. president chiu: a couple of weeks ago, we had a lengthy hearing on the situation involving to airbus's -- tour buses in many of our residential neighborhoods. this is an issue that has been longstanding. many neighborhoods and constituents have complained about noise, parking issues, and other quality of life concerns. i want to thank the mta and staff for working to

we are live at dpw headquarters with the latest on how they're handling this situation. >> dpw said they fix the problem and the rest of the clinic is up to the residence. >> black stuff came shooting up in the air. >> loretta jefferson said the sewage came spewing out of the toilet in the basement of her home. there were four inches on the floor. it was cleaned up by thursday afternoon. >> my insurance has been wonderful. they sent a cleaning crew here to clean up stuff and sanitize everything. >> the department of public works said the backup which affected several homes was caused by a blockage in an eight-inch silver line. it worked overnight to flush the line out but sent back out thursday to put a camera through to make sure the problem was fixed. dpw says their responsibility is limited because of liability. >> we are responsible to pumping the water down with the equipment. we get that down to about an inch. the homeowners can call their insurance company. >> laret of plans to file a claim with the law department for things that were ruined in her basement. >> i have an adjuster

>> i believe dpw does have the right because it is the right of way. the idea is for large projects to be able to get street permits, which you cannot do with these things under the sidewalk. that was the concept. dpw does have that right. president fong: anything further, commissioner sugaya? commissioner wu. vice president wu: i have a question about dwelling unit density. just to make sure that i understand. this is removing the lot area as a limiting factor for dwelling unit density, correct? >> correct. vice president wu: building unit density does not have to do anything with the size of the unit, whether it is a studio or 1-bedroom. just the number of units. i just wanted to clarify that. president fong: any further questions? ok. public comment on this item. i have two cards, linda and tom. >> my name is linda. i want to speak on the parking changes for the van ness sud and rc-3 districts. i just think this is wonderful. quite a while ago, when the cpmc started, i came in and ran through the van ness plan, in case you had not read it recently.

thank you, supervisor kim, and thank you, dpw. with that, why don't we go to our next accommodation, provided by supervisor chu. supervisor chu: thank you. today, i have the honor of recognizing phillips -- phillip katulas, if i can ask you to come up along with your family. bill is what we would call a sunset legend. he is the beloved proprietor of a chicken coop, a restaurant in our local community. 10 months ago -- this is actually a belated certificate. 10 months ago, chicken coop closed its doors. we were distraught. we did not know where to find a bill. finally, through good fortune, my dental hygienist is his daughter. we talked about how businesses impact his community and having deals with family. i wanted to talk about how important chicken coop is for our district, and how much it is missed. when i first talked to deena about this, he did not want a big fuss made over him, but i am glad everybody convinced you to come out today, finally. he was going in greece. he moved to the united states 1957. he has been in the food

we have been noticing a significant uptick in the number of appeals from dpw related to terminations, particularly related to the wireless sites and a mobile food. notification requirements for both of those types of permits. people affected by those permits are getting notice earlier in the process. they can follow the appeal approval path through the underlying department and then file timely appeals with us if they feel that is warranted. when this next slide shows you an overview of the decision making of the board in that same fiscal year. the board upheld have of the underlying determinations in that year and overruled 40%. of that 40%, the board placed modifications or decisions on the majority of those. the board has a lot of strength and flexibility to resolve problems in ways that sometimes the underlying department does not have the ability to do. in addition to setting backed a deck that a neighbor is concerned about, moving an addition on a property, the board can -- for instance, with a tree removal permits. if dpw does nothing that the tree should be removed but the boa

with respect to dpw and nt, we want to approve the deplorable condition of many of our streets. we want to improve muni service. we want to keep the three jackson. it is a line that is important to our neighborhood. we want the muni drivers to be trained and to enforce appropriate behavior by muni drivers. muni drivers create a lot of the problems on the streets. they need to poll fully to bus stops and not block lanes. we have buses that the ballpark routinely in the 2300 block of jackson street by the meat toilet because they will not walk half a block. they doubled part of the use the muni torula. inexcusable behavior, behavior that should be easy to change. education. we have to get adequate funding. we believe the life of families to the suburbs could be stymied if we would return to the neighborhood's schools where people could have a certain child go to school close to home so they can walk to school. we should make school sites available during non-school hours for other uses. for example, the parking lot, the playground on webster street are being reconfigured by the sc

part of that request, dpw has one other request. an annual call for $600,000 in prop k funds to repair sidewalks around street trees at approximately 247 locations in fiscal year 2012-2013. the sfmta submitted four requests in annual call. the first is to repair transit. in recent years, the program has achieved efficiencies that resulted in cost savings. they attributed this to recent system improvements such as implementation of a debit card system. the second of the annual request is for bike to work day which would provide funds in years 2013 and 2014. i am is getting around a little bit. the recent -- and the regional bicycle share project. the bay area air quality district plans to start deploying up to 1000 bicycles along the caltrain corridor along the peninsula for a bicycle share pilot project. project partners, and this includes the folks from the sfmta, the air district, san mateo county, redwood city, and the transportation authority, and they have been involved in developing the rfp to set up and run the system over th

this will represent an increase to the design team contract and a deep -- a decrease to dpw for their services. dpw as part of an agreement with the civil service commission provided services to the project and they had to pull back their architects to work on their projects. obviously these design changes will have an effect on construction trade support staff requests -- the third amendment to increase the contract amount by $4.50 7 million. -- $4.57 million. i would like to say even though we're in the early stages, local hire is 37% versus 27 percent -- 20% mandated. one thing about the nature of the turner contract. their construction manager general contractor, so the contractual procedures are different from our normal lump- sum can track. the turner it's out each of the trades -- bids out a to the trade as a separate package. stallone is one package. -- concrete is one package. these are not necessarily change orders to a subcontractor but most of these things have been bid. the original -- the largest cost is $3.10 million due to trending of projective bid awards. as i said,

dpw said it was not clear as to why there was one system and not another. that concludes my report. supervisor avalos: thank you very much. any comments from the supervisors? seeing none, we will go on to public comment. >> one issue he read was free passes for the youth. your deliberation, you must understand you are just catering to those youth who would we termed indigent, very poor. in other statement -- in other places, all youth get free passes other is a discrimination that you must understand and point out to the people at home. all youth below 18 should ride for free, not just that indigent youth. and he was talking about the trees and the way he was reading things was not very clear. i stated before that the city right now, we have about 33,000 trees that the city right now is trying to phase out, not maintaining the trees, encouraging the owners to maintain the trees. we need some explanation from the transportation authority in their deliberations in how this has come about. [tone] and what should be done in the future. we need a more astute discussion and solution from

dpw doesn't deal with alleyways. [chime] thank you again. president garcia: counselor, you indicated that there was removal of the equipment? >> yes, and functionality. how have the text of that if anybody is interested. president garcia: since the statement was made having to do with the congestion of the wires, how many of those were yours? >> one. the fiber wire goes -- no, across the street? across the street, there is a power wire that belongs to pg&e and it is a service truck. when you see all those wires down the street, their service drops for landline, cable, and power. service drop for pg&e, we ha ve that same service drop. ours for power, and the fiber cable drop as well. our network, why you see the small antennas, they are connected by fiber-optic cable. that is how we can avoid having a 200-foot tower covering the same geographic area. we can have an antenna system connected by fiber. we use the existing infrastructure, so you need to connect that equipment to the fiber running across the line. president garcia: the short answe

that is one of the things that we would work with dpw to do afterwards if they wanted us to flip thebox so that it pointed out towards the street. we would do that, as well. president garcia: thank you. commissioner hillis: he talked about the nine pieces of equipment. how many on the street now, and how many do you add 3 this permit? >> 9. in addition. which do not include my own, because what is being missed is whether it is called major equipment or minor equipment. there is a lot of minor equipment, so the comcast battery backup on the corner, you have the battery backup boxes, and then you have the p.g. in the meter, and then something that a lot of people do not notice, under the federal telecommunications act and state law, there is a terminal, and i am not saying that it is the tigert ebidta, but this is approximately 10 inches, and when you think about your landline connection, it is where it plugs into the telephone landline, so those are also on this. commissioner hillis: so they are smaller >> yes, but if they were, they would be tier 3. commissioner hillis: why did you c

we have not yet had our first meeting yet, which will include planning, dpw, and other departments that will be affected, will need to work together to help the small businesses achieved some measures of ada issues. we are also providing in-house training on senate bill 1608, for the cab's inspectors in- house, in the beginning part of june, and we will notify the commissioners of this training. in a nutshell, we have the attorney general's opinion upon senate bill 1608 regarding what local departments can and cannot do regarding the ada issues. there are four items. no. 1 is local building departments are not responsible for enforcing the access requirements of the americans with disabilities act. however, they are required to enforce state and local building codes which have incorporated the federal requirements. would our state is doing is trying to make their requirements match the federal requirements. they have not set a date to do that by and they have not quite achieved that yet. no. 2 was local departments are not authorized to a letter to enforce the federal access requirement