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Jul 20, 2013
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they do not need to be applied as mitigations for the significant impacts because they are addressed through the requirements of the building permit process and so there is not a significant impact requirement of mitigation was issued are addressed and the appropriate foundations and other actions such as under pinning on the adjacent sites are addressed through that process. >> and why in every other eir that we have worked on there are substantial and potential substantial and avoidable impacts associated with vibration? >> i would have to disagree. it is highly unusual to have substantial... >> the dirs that your department has prepared that has this language? >> that would be... that could be something to raise. that is can be something that is raised as an issue in extraordinary circumstances. but, it is an action that is addressed through the building permit process, under pinning, is not an unusual step to take and it is a very common take and it is part of the building permit process. >> and we are talking about an impact to a historic resource. we are not talking about an ex
they do not need to be applied as mitigations for the significant impacts because they are addressed through the requirements of the building permit process and so there is not a significant impact requirement of mitigation was issued are addressed and the appropriate foundations and other actions such as under pinning on the adjacent sites are addressed through that process. >> and why in every other eir that we have worked on there are substantial and potential substantial and avoidable...
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Jul 3, 2013
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my view is that this evidence has not been particularly useful either as aggravation or as mitigation. so i have been doing an empirical study over the past six years now to look at, introduction in criminal cases. it's equivocal at best. it sometimes ends up being aggravating, but so far it hasn't panned out. why hasn't it panned out? in part because science isn't quite there yet in that we're able to see some things at a group level, but being able to talk bay single individual to look at their brain and to understand the extent to which their brain differences contribute to their behavior is very challenging. there just isn't enough data for that yet. you can say things at a groupwide level, though. and so kent mentioned earlier the case out of florida in the sue presume court graham in which the court said the juvenile should be treated differently with respect to life without the possibility of parole. the same happened in simmons where the court has treated juveniles differently. it may be the case we can start to do that. we can start to categorize people. we categorized a grou
my view is that this evidence has not been particularly useful either as aggravation or as mitigation. so i have been doing an empirical study over the past six years now to look at, introduction in criminal cases. it's equivocal at best. it sometimes ends up being aggravating, but so far it hasn't panned out. why hasn't it panned out? in part because science isn't quite there yet in that we're able to see some things at a group level, but being able to talk bay single individual to look at...
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Jul 15, 2013
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as the detail, it would also secure an additional $6.3 million from environmental mitigation measures. this amendment facilitates a coordinated regional operation that will have a conservation agreement nearing the impacts of the quarry delaying the impacts to the creek and the habitat of the surrounding areas. it secures environmental mitigation from the tenant and importantly allow to deflex the expense from the tenant. upon the termination of quarry operations. the project has a certified final eir for the revised surface mining. and the monitoring program and the minor reclamation plan. and former adopted ceqa findings for the board adoption as well. i would like to bring up to the podium now jim summers to give you some details about their coordination with the regional partners on this project. jim? >> thank you, members of the committee, my name is jim summers, vice-president. in 2006 we responded to a proposal to expand this operation to provide more water storage for the sf puc. throughout process of three 3 years we have been selected as the preferred tenant and for the last
as the detail, it would also secure an additional $6.3 million from environmental mitigation measures. this amendment facilitates a coordinated regional operation that will have a conservation agreement nearing the impacts of the quarry delaying the impacts to the creek and the habitat of the surrounding areas. it secures environmental mitigation from the tenant and importantly allow to deflex the expense from the tenant. upon the termination of quarry operations. the project has a certified...
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Jul 20, 2013
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that will provide very good noise mitigation for everyone. and most consistent with the play grounds around town public and private. but again, if i think that charles and associates did a wonderful analysis given the constraints that they were put under and that ten foot fence would solve everyone's problems but ours. >> i think that your question was there are different properties and >> the owner does not want the ten foot fence on her part. >> but i do have to say for our part and your part. >> their part and the neighbor who is 99 years old so she was not able to come. >> they are next to the lattice fence and you are on the other side. >> they are on a far corner. >> actually you have that garden plan and you will see. >> the neighbor who did not want the fence. 3771, excuse me, 1371, she did not want the fence. i believe all of the neighbors here, here, and here, here. would want the fence. and would provide very good for them. and given the fact that we are literally right on top of the play area that fence is not going to do much for
that will provide very good noise mitigation for everyone. and most consistent with the play grounds around town public and private. but again, if i think that charles and associates did a wonderful analysis given the constraints that they were put under and that ten foot fence would solve everyone's problems but ours. >> i think that your question was there are different properties and >> the owner does not want the ten foot fence on her part. >> but i do have to say for our...
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Jul 17, 2013
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what you mitigating in the short term? what are you capable of mitigating in the short term if you have an em was -- embassy or other site that isn't fully living to the implications what you devise as a secure location? >> mr. chairman, what we can mitigate in those locations is, first, the function of what our analysis in term of the threat and the overall situation in the country tells us. in a place like oslo today, we have a full functioningal staff and the fully functioning embassy, despite the fact we don't have a setback or secret facility. the, we can do that we have excellent cooperation from the host government. we do not have information that indicates to us that we're running a tremendously high-risk by leaving them in the facility for the time being, and we have national security imperative that we're carrying out foreign service officers working on different things every single day. but to give you another sample, sir, in cairo today, cairo is not an imminent building it's a preimminent building quited a rob
what you mitigating in the short term? what are you capable of mitigating in the short term if you have an em was -- embassy or other site that isn't fully living to the implications what you devise as a secure location? >> mr. chairman, what we can mitigate in those locations is, first, the function of what our analysis in term of the threat and the overall situation in the country tells us. in a place like oslo today, we have a full functioningal staff and the fully functioning embassy,...
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Jul 9, 2013
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so when we try to mitigate whatever we have to mitigate, we have to pay attention to the by view hunters point the south sector which some of you just pretend it doesn't exist. if you do a survey in the sunset area far away from the bay view and you say we want whatever power they want, that's fine with them. but the people that are most adversely impacted should be also attended to which wasn't done in that survey. after that survey, we saw no mitigation, no abatement, we saw no process to approach the community and do meaningful outreach which means go door to door and say these are the types of things we want to do for you. can you participate in this deliberation. it's very easy to fit far away from the area and remote control say we are going to do this and that and something else. it's very important to do door to door outreach which hasn't been done by those people who produce that survey. thank you very much. >> thank you, any other member of the public who would like to comment? >> seeing none and no more cards. we'll close public comment. >> for the record i would like to note
so when we try to mitigate whatever we have to mitigate, we have to pay attention to the by view hunters point the south sector which some of you just pretend it doesn't exist. if you do a survey in the sunset area far away from the bay view and you say we want whatever power they want, that's fine with them. but the people that are most adversely impacted should be also attended to which wasn't done in that survey. after that survey, we saw no mitigation, no abatement, we saw no process to...
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Jul 24, 2013
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, one is that the public benefit being provided to the city is good for the city but they do not mitigate a significant i am mpact that have a shadow in open square. only one of them shadow that. the adequacy of eir is before you. you have to find that the eir complies. what's happening here is interesting. the report is dated may 8th. 1 day after you deny the appeal and certify the eir, the source of the new information that there are in fact feasible alternatives or mitigation measures that would reduce that significant impact of shadowing. you have to contend with the fact that you have an eir that ignore that issue, actually have that information withheld until the day after you certify. that's why it's still before you. the e ir has not gone away. the building built in 1904 with two additions adjacent to it. that's not a slip of the tongue. that's common sense. that's how it's used in article 11. the planning department and the project sponsor have tried justify the hide of this building in terms of it's compatibility with the erinson building in the district by referring to other ta
, one is that the public benefit being provided to the city is good for the city but they do not mitigate a significant i am mpact that have a shadow in open square. only one of them shadow that. the adequacy of eir is before you. you have to find that the eir complies. what's happening here is interesting. the report is dated may 8th. 1 day after you deny the appeal and certify the eir, the source of the new information that there are in fact feasible alternatives or mitigation measures that...
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Jul 10, 2013
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. >> it's impact, let me see some of the mitigation that we are restoring had trout in alameda creek. in many ways they are separate from the quarry but additional work that the company will do to mitigate the impacts? >> correct. it opens up a blockage for a lot of steel head trout. the potential for that to be a really fully functioning ecosystem is there. it's over $3 million for this project that would go to that work. removing barriers mainly bart barriers. the environmental component is the ridge line and the environment that's above and higher elevation to this project. we looked at those as a coordinated effort and in an allowing this impact in this area took away a lot of impact that was already an approved on the ridge line above and that allowed it above to be mitigated as well. >> thank you very much. any other members who wish to comment on items 3, 4 and 5. public comment is closed. >> we have a number of amendments for item no. 3 first that our budget analyst weighed out. it will have to sit for another week. can i have a motion to accept those amendments? can we do tho
. >> it's impact, let me see some of the mitigation that we are restoring had trout in alameda creek. in many ways they are separate from the quarry but additional work that the company will do to mitigate the impacts? >> correct. it opens up a blockage for a lot of steel head trout. the potential for that to be a really fully functioning ecosystem is there. it's over $3 million for this project that would go to that work. removing barriers mainly bart barriers. the environmental...
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Jul 26, 2013
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>> mitigations... >> because you could go lower or higher? >> right. it can't be higher than the actual value of the over contribution. but it can and the scenario it could be lower. >> you know, we are talking about a bureaucratic process, or an administrative process, this is not a policy change, of any kind. >> the policy changes are already in effect and that is to say that we want to handle this... that is already done, so this is just setting on how we are going to go about doing it. >> what this policy also does is act and impose fines against the person who violates the law. >> and so if i understand it correctly, what you are standardizing it and saying, that let's assume that we are talking first-time violation. if somebody, or some campaign accepts a contribution, in excess of the maximum limit allowable, that they forfeit automatically in five days you tell them, you violated it, and then they have got a fairly brief period of time to show you that they did not violate it. or, to, or the first time violations you will impose a fine of $2,50
>> mitigations... >> because you could go lower or higher? >> right. it can't be higher than the actual value of the over contribution. but it can and the scenario it could be lower. >> you know, we are talking about a bureaucratic process, or an administrative process, this is not a policy change, of any kind. >> the policy changes are already in effect and that is to say that we want to handle this... that is already done, so this is just setting on how we are...
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Jul 3, 2013
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i am really concerned and glad to hear that commissioner breed is thinking about mitigating the loss of parking and i think that's critical on peoples' quality of life. we need to be con sit rate about the entire population of san francisco, not just our young people and our able body, but those that are articulated their opinions here that have challenges. i am interested in hearing and incorporating more thanes with disability, some kind of their concerns in the e ir process as we begin to evaluate many processes as they come on board. as i think about the southeastern side of the city as it relates to economic land use and development -- how it compliments with our infrastructure conversation. that's it /t-r me. thank you. >> thank you. commissioner wiener. >> thank you. i'll be supporting this item. there are a number of really good and important projects on this list of obag grant resip recipients. i know we've been focusing on masonic but trans/pwa*eu and second street and a number of other projects are very important. i will say
i am really concerned and glad to hear that commissioner breed is thinking about mitigating the loss of parking and i think that's critical on peoples' quality of life. we need to be con sit rate about the entire population of san francisco, not just our young people and our able body, but those that are articulated their opinions here that have challenges. i am interested in hearing and incorporating more thanes with disability, some kind of their concerns in the e ir process as we begin to...
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Jul 7, 2013
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i am really concerned and glad to hear that commissioner breed is thinking about mitigating the loss of parking and i think that's critical on peoples' quality of life. we need to be con sit rate about the entire population of san francisco, not just our young people and our able body, but those that are articulated their opinions here that have challenges. i am interested in hearing and incorporating more thanes with disability, some kind of their concerns in the e ir process as we begin to evaluate many processes as they come on board. as i think about the southeaste
i am really concerned and glad to hear that commissioner breed is thinking about mitigating the loss of parking and i think that's critical on peoples' quality of life. we need to be con sit rate about the entire population of san francisco, not just our young people and our able body, but those that are articulated their opinions here that have challenges. i am interested in hearing and incorporating more thanes with disability, some kind of their concerns in the e ir process as we begin to...
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when you say you are mitigating, you are mitigating -- what are you mitigating in the short term?hat are you capable of mitigating in the short term if you have an embassy or other living tois not fully the specifications which you and the congress have devised as what is a secure location? >> mr. chairman, we can mitigate in those locations is, first, the function of what our analysis in terms of the threaten overall situation in the country tells us -- threat and overall situation in the country tells us. in oslo, we have a fully functioning staff an embassy despite the fact that we don't have a setback or secure facility. we have excellent cooperation from the host government. we do not have information that indicates to us that we are running a tremendously high risk by leaving them in this facility for the time being, and we have national security imperatives we are carrying out, foreign service officers working on things every single day. -- cairo is not an inman building. it is pre-inman. it is quite a robust facility. when the situation changed in cairo, when we saw specif
when you say you are mitigating, you are mitigating -- what are you mitigating in the short term?hat are you capable of mitigating in the short term if you have an embassy or other living tois not fully the specifications which you and the congress have devised as what is a secure location? >> mr. chairman, we can mitigate in those locations is, first, the function of what our analysis in terms of the threaten overall situation in the country tells us -- threat and overall situation in...
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Jul 1, 2013
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we presented that with the mitigation measures of mitigating bus schedules for example. there's not much more cost opportunities on a large-scale than that but we could show those as the other loans identified >> okay. >> we could do that. >> that might be helpful. >> it's estimated to be about 1 hundred and something million. >> the second question is the park. so the park what is the budget for the park currently >> the total estimated costs of the park and all the things associated with it is $50 million. now - >> which 38.5 is funded by the impact fees. >> exactly. >> and we have you identified the revenues for the other 25 million? >> we have nothing specified against that expense. >> okay. thank you.
we presented that with the mitigation measures of mitigating bus schedules for example. there's not much more cost opportunities on a large-scale than that but we could show those as the other loans identified >> okay. >> we could do that. >> that might be helpful. >> it's estimated to be about 1 hundred and something million. >> the second question is the park. so the park what is the budget for the park currently >> the total estimated costs of the park and...
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Jul 3, 2013
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this would mitigate the measure for projects that are under ceqa. if this process is required by code, it no longer be imposed by conditions of approval by way of mitigation measure. so as i already indicated by kelly prets 0 because we are amended the building and health codes we had meetings at the health inspection, planning commission, each of those commissions has recommended the board approve this ordinance and that completes my presentation unless you have questions. we have staff here from the department and mayor's office and planning. thank you. >> thank you very much. supervisor kim? >> thank you. i think this policy makes a lot of sense. since it's been in effect since 1986. i see this is an important policy and what some of the outcomes have been? >> there are dozens or hundreds of projects over the course of the years that have gone through this process that the outcome is rather than either the public through dust contaminated dust in the air or workers getting exposed to contaminated soils, the health department for going through the
this would mitigate the measure for projects that are under ceqa. if this process is required by code, it no longer be imposed by conditions of approval by way of mitigation measure. so as i already indicated by kelly prets 0 because we are amended the building and health codes we had meetings at the health inspection, planning commission, each of those commissions has recommended the board approve this ordinance and that completes my presentation unless you have questions. we have staff here...
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Jul 4, 2013
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finally with that 3rd step if needed would require a preparation of site mitigation plan as well as a final report. typical length of time is 8-12 hours. statutory requirement of a response within 30 days. next question regarding dph case load and staffing. there is a case load and staff member that oversees this, there is voluntary and remedial and this involves projects that come through the ma har area and storage tanks and not in the ma har area and how many staff are devoted to the review process and to accommodate whatever the case load is as implemented. currently as we stated at the last meeting. dph has 5.8 staff, they are 1.5 staff located to the local program under the grant. those staff could be moved to the expanded ma har program if that need arises that is grant is expiring. in addition i will note that applicants in the ma har area do need to pay a fee when submitting application and that fee pays for the review of the documents. the expanded documents increase significantly over that threshold. that associated revenue will also increase and review the documents. in ad
finally with that 3rd step if needed would require a preparation of site mitigation plan as well as a final report. typical length of time is 8-12 hours. statutory requirement of a response within 30 days. next question regarding dph case load and staffing. there is a case load and staff member that oversees this, there is voluntary and remedial and this involves projects that come through the ma har area and storage tanks and not in the ma har area and how many staff are devoted to the review...
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and i know from the projects in my area, there had to be appropriate mitigation. the modern wind turbines are different from the old wind turbines which were deadly to birds. the modern wind turbines are far less so. and if there is an incidental take of a listed speaksey, it can only occur with proper mitigation. your reference to the author's reference to the issue of a long -time take opportunity only occurs if there happens to be adaptive management program in plays that allows the fish and wildlife service and other appropriate agencies to review the process and progress or lack thereof and apply different measures or stop the projects at that time. so i would oppose the amendment. i think it is based upon incorrect facts. and i join the chairman in opposition. . . the chair: the gentleman yields back. for what purpose does the gentlelady from ohio rise? ms. kaptur: i move to strike the last word. the chair: the gentlelady is recognized. ms. kaptur: i move to tissue i rise in opposition to theament. st year, wind nrnl was the largest growing energy source. ov
and i know from the projects in my area, there had to be appropriate mitigation. the modern wind turbines are different from the old wind turbines which were deadly to birds. the modern wind turbines are far less so. and if there is an incidental take of a listed speaksey, it can only occur with proper mitigation. your reference to the author's reference to the issue of a long -time take opportunity only occurs if there happens to be adaptive management program in plays that allows the fish and...
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Jul 13, 2013
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i think there are ways to mitigate the sound generate or use. we never used ours except for the test. it's a management issue. i think the mitigations that i have heard in the recommendation for staff will work and appreciate your support. >> thank you, next speaker, please. >> good afternoon, president fong, planning commission. my name is -- i'm the founder which started here back in 1994. as the internet and broadband industry evolved, the data center community and internet exchange communicated became consolidated under the management of real estate investment trust. some of which spun out these operations that are public facilities now. they are different than the facility that is being proposed on portrero avenue. i want to assure the families that there aren't going to be thousands of loaders into this facility because the square footage doesn't allow for that. the generator is for the use of a major power outage in the facility. it's different now than it was in 2003 when the industry was still growing. but today's technology substantial
i think there are ways to mitigate the sound generate or use. we never used ours except for the test. it's a management issue. i think the mitigations that i have heard in the recommendation for staff will work and appreciate your support. >> thank you, next speaker, please. >> good afternoon, president fong, planning commission. my name is -- i'm the founder which started here back in 1994. as the internet and broadband industry evolved, the data center community and internet...
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the you can mitigates something you are seeking to do that? now that doesn't mean mitigation of the immediate is the goal because you can do the setback if you don't have the other elements in play of what we consider a fully secured facility. >> yes, sir,. >> but with the immediate versus though long-term. i a degree in accountability and performance. i read the recommendation that says the findings of an unsatisfactory leadership performance in relation to the incident under review should be a potential basis for recommendations by future accountability boards and in essence to testify to this question under the existing authority there are limitations. whether the of points to discipline somebody? with section two '03 with that recommendation to fire individuals who have exhibited an unsatisfactory relationship would give the secretary that ability? >> yes, sir. to give that flexibility and it helps us. >> thank you. >> let me just concur with a very important responsibility it is our responsibility to review the steps taken of the resource
the you can mitigates something you are seeking to do that? now that doesn't mean mitigation of the immediate is the goal because you can do the setback if you don't have the other elements in play of what we consider a fully secured facility. >> yes, sir,. >> but with the immediate versus though long-term. i a degree in accountability and performance. i read the recommendation that says the findings of an unsatisfactory leadership performance in relation to the incident under...
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Jul 19, 2013
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and those mitigation measures in general or in other eirs are crafted. >> according to the specific of the pro-yekt and the project site and its setting and the particular of what is being done and so it, you know, there is nothing in this situation that warrants particular or unusual mitigation measures around those issues. >> thank you. >> i guess that i am in complete disagreement with that analysis. >> we have worked on many, many reports that have those particular impacts identified, and identified as potential substantial, impacts to a historic resource. and i am not talking about just any building. and they are identified in the eir and then they are mitigated through the various means that i just described. and you know, like, i can't support the motion. that the eir, or that the environmental review is adequate. >> please call the question. >> on the motion to up hold the preliminary declaration, antonini. >> aye. >> borden >> aye. >> moore. >> no. >> commissioner sugaya. >> no. >> and wu. >> aye. >> that motion fails 3-2. >> is there alternate motion? >> maybe to continue? >>
and those mitigation measures in general or in other eirs are crafted. >> according to the specific of the pro-yekt and the project site and its setting and the particular of what is being done and so it, you know, there is nothing in this situation that warrants particular or unusual mitigation measures around those issues. >> thank you. >> i guess that i am in complete disagreement with that analysis. >> we have worked on many, many reports that have those particular...
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Jul 23, 2013
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street and prior and they agreed to pay into a open space fee and mitigate for the additional shadows in the park and they agreed to pay into the fee structure as well so on a policy level for me it doesn't make sense to vote against this project yet last year support the transit center plans and i wanted to clarify that statement and one thing because i am been accused of being too friendly or not friendly to developers and i want to be consistent in a district that has so much development and important as we move forward and as much consistency i can provide as a decision maker and policy maker is incredibly important so i will make that motion to move forward without recommendation tomorrow. i strongly think that dialogue is never a bad thing. i know many of us on the board want to avoid a ballot measure coming to the city in the upcoming years just regarding development, and i am curious to hear how a reduction of height will certainly impact that if it doesn't come below the height of the four seasons but i am sure i will hear from our constituents. thank you. >> president chiu.
street and prior and they agreed to pay into a open space fee and mitigate for the additional shadows in the park and they agreed to pay into the fee structure as well so on a policy level for me it doesn't make sense to vote against this project yet last year support the transit center plans and i wanted to clarify that statement and one thing because i am been accused of being too friendly or not friendly to developers and i want to be consistent in a district that has so much development and...
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we need to use this money to make this street /saufr and i'm committed to make sure we mitigate the loss of the parking, but it is a choice and i choose public safety as the key goal of why we need to accept the one-bay-area area grants and i'm supportive of this as well. >> thank you commissioner cohen. >> i'd like to give my space in the queue to commissioner /tper er ferrel and i'll go after him. >> i think this touches my district the least. from my perspective i have been -- i want to echo a lot of the comments supervisor breed made and say /aeu /soesuate with the this process started so long ago but i do also -- this has been a real public safety issue and i've driven the street my whole life. there are deaths that happen here and we need to do a lot in terms of programming to make sure that doesn't happen. i think the improvements will be great. i am extremely sensitive to the comments. i have a family with young children -- in terms of parking -- it's an issue. we need to address it. it continues to creep up and from a supervisor here today, a commissioner's perspective, i am con
we need to use this money to make this street /saufr and i'm committed to make sure we mitigate the loss of the parking, but it is a choice and i choose public safety as the key goal of why we need to accept the one-bay-area area grants and i'm supportive of this as well. >> thank you commissioner cohen. >> i'd like to give my space in the queue to commissioner /tper er ferrel and i'll go after him. >> i think this touches my district the least. from my perspective i have been...
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Jul 31, 2013
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a lot of the enclosure about mitigated so as opposed to fighting this whole project. and to address the project sponsors comments about the light with window not put a window there against the back wall. thank you. >> okay project sponsor you have a two minute rebuttal. >> so i'd like to make a couple of follow-up points. as you can tell by the sun study there's very little impact upon the property throughout the course of the year. you know, we're looking at march 21st there you're seeing a little bit of impact but importing and exporting nothing in the building and here in june something minimal. and it's the worse time of the year the sun is low we did that study and regarding working with the folks i met - tried to meet with them twice before i submitted this project in august. both times when i knocked on the door and spoke with the gentleman he was too busy >> i said i'd like to get our comments first, we set back the roof-deck for privacy purposes in all honesty, i tried to work with raul but it was also foundation and privacy. and that's pretty much it. i wish
a lot of the enclosure about mitigated so as opposed to fighting this whole project. and to address the project sponsors comments about the light with window not put a window there against the back wall. thank you. >> okay project sponsor you have a two minute rebuttal. >> so i'd like to make a couple of follow-up points. as you can tell by the sun study there's very little impact upon the property throughout the course of the year. you know, we're looking at march 21st there you're...