commissioner moore: -- that takes precedent. commissioner moore: i just want to let you know that is in the back of my mind. president miguel: i would vote against the motion. i think the motion is to give mr. butler time, and mr. butler has the background of everything mr. williams did on this for some time. i do not always like to hear a matter when the principal is not able to be present, but as commissioner moore stated, we often, in fact a large number of times, perhaps half, do not hear from the principles. we hear from their representatives. to my mind, certainly, three months is totally out of line. personally, i would not like to see it delayed. >> on the motion to continue the matter to march 3. commissioner antonini: aye. commissioner borden: no. commissioner fong: no. commissioner moore: no. commissioner sugaya: no. president miguel: no. vice president olague: aye. >> so moved. excuse me. that motion fails. my apologies. vice president olague: we should just hear it now. we heard from staff. we will hear from the dr

commissioner moore? commissioner moore: i would like to ask that the commissioners consider the following. we have a good year with solid blocks of 8 to 10 meetings and relatively few fifth thursdays. in light of that, i would like to suggest, given the fact that monday that it 10th of september as a national holiday that we switched the first thursday in september and use the fifth thursday in september with the block of time we are able to change. we are not sacrificing a meeting, but we are switching the dates, given the fact that some people have families abroad, some people have children with whom it would like to spend more time, and i just think it is a mental health issue for this commission that works very hard to have a little more free time on their own. i would ask the commission to support mate and switching the fifth the thursday meeting to the fourth so we would have three consecutive thursday's off. vice president olague: commissioner antonin? commissioner antonini: i am not sure. i would

commissioner moore: i fully agree. the more clear the package, the more full support, and this package left a lot. commissioner miguel: i have discussed with the director and staff the last six months the possibility of more standardization and the absolute statement that packets should be sent directly back to the architects, designers, anyone else who submits them if it does not meet the minimum standards, which have to be increased in order to give us some type of information that we deserve if we're going to hear these projects. i see no reason why it cannot be done. there should be a standard format, standard requirements of minimal nature for these types of projects. obviously, on large office buildings, large complicated projects, it goes far beyond that, but those are not the ones we have problems with most of the time. it is on these projects we have problems with, six units and less. so we change it and it the submitted product i think is in front of us, hopefully soon. >> commissioners, if i could remind you

chris moore ended that practice. the city manager will officially present moore to the city council. that meeting is next tuesday, as i mentioned. the members of council will have a chance to ask moore a question and give him a yea or nay. he'll have no trouble receiving approval it is thought. bob redell for "today in the bay." >>> a funeral will be held today for an 18-year-old shot and killed while riding his bicycle. friend and family will gather at our lady of guadeloupe in east san jose to remember hugo gutierrez. his funeral will be held at 10:00 this morning. he was shot and killed in front of a restaurant last week. san jose has had seven murders since the start of the new year. >>> new clues this morning in a dublin double murder case. it happened 25 years ago. deputies now know at least two men were involved in the murders of harby and kaiko ringham. the ringhams were married less than five years when murdered in 1996. those responsible for the killings still haven't been caught and there's a $50,000 gover

commissioner moore? commissioner moore: i wanted to express my appreciation for a different way of organizing this presentation. the fact that you really are laying out the basic elements of how the department of works is helpful to me and i also appreciate the zoning administration becomes more clearly delineated for us and i am sure in your communication with the public it will be significantly easier to understand what that entails. so i made several question marks during the course of the presentation that we cannot take in everything, i would like to ask the director, is there a time and it might not be today, where we would get an overview of the nature of plans, and how they were originated and what the product are which are expected when obviously they are not just additional ways to deliver something? i'm kind of curious how you are threading that into your programs and a very innovative way of getting grants and i would love to hear what we can expect as the next side benefit out of keeping the

president olague: commissioner moore. commissioner moore: the only thing i would say, in the bilingual situation, the approval process can be overwhelming and what are we doing to ease that a little bit. is there bilingual assistance in the first meeting process so that indeed the questions asked and the commission's decision is not so difficult for somebody. >> commission kelly ander. we have translation services available in the department. we've worked to improve those recently. the d.r. request sponsors that if they need language assistance, we would be happy to offer it. president olague: are the forms available in other licenses? >> we don't currently. but we have increased our capacity to translate and get to people quickly. president olague: it would be good to know how many requests we get to translation services. >> i know we track the number of requests we get and the type of requests for what language but i'm not sure if we track exactly what they asked. i can look into that. >> commissioner, there is a motion

commissioner moore? commissioner moore: i want to make it two, its credit -- i want to make two comments. the sits out in the back of a lot and is labeled a shack. most of us without having the presentation of the detail are not quite able to distinguish the shack from the shack. having said that, if indeed there is evidence that this shack is indeed part of their resources that should be looked at, we have had other situations where we have created a condition where the shack would be moved since this building does not have foundations. this is probably not an impossible thing to do. i am not an expert, but i am suggesting for sensitivity to this subject, this may be more than meets the eye. i did not believe that in the issue of transforming neighborhood or in the challenge posed to us residential infill which we discussed every week with more or less pain in our minds that this should not be considered a lot where the presentation of the family currently lives in 929 square feet and that seems to many

commissioner moore? commisioner moore: this is a major step in the right direction. it ties so much of the discussion we had earlier for the difficulty i had is -- it's really the physical example and illustration of what it is and what it would billion which makes it much, much easier to use. i don't think i'm the one thing that i think would be easier than anybody. it has to be used in order to ultimately become a -- which is difficult to understand. small diagrams, plan section or whatever added to this would make it a beautiful piece. regarding the snout garages i would hope that you would not just leave this to the zoning administrators but that you would take some additional time and find agreeable language that they have a lot of back and forth that indicates this is a document of dialogue of compromise. i can support all of this. but i ask that you not toss one thing out, carry it through, address the snout garage and additional work with the supervisor and take it and make it part of a document

commissioner moore: i'm not trying to put you on the sp spo. i just wanted to understand how you line that item. and this is item three that you answered is communications and who communicates, who is it, and about what? >> this was an item that was approved in last year's budget and we have not yet been able to fill this position. but the idea was that the department, we felt, and i have felt particularly strongly that the department needs a communications manager that covers a whole series of activities including conduct public meetings, the website, how we have connection with the media, all those various functions that come under the rubric of communication and we have never had an information officer and we have never had that in the department. i think it's long overdue and i think there's inconsistent messages that go from the department that is very important for us to correct. commissioner moore: i think. i appreciate all answers by everybody. >> thank you. vice president olague: commissioner borden. commissioner borden: i have a few q

-- moore? commissioner moore: the project is code complying. is that correct? the rear yard setback is 15 feet, per requirement? >> could you repeat? commissioner moore: the rear yard setback is normally 15 feet? >> in this instance, no. the required rear yard should be 25%. commissioner moore: dissolution we're seeing here is 37%? -- the solution we are seeing here is 37%. this is an unusually wide lot, wider than the typical san francisco lot. the building sits comfortably in it. if one wanted to be picky, one could say the deck six -- 6 6 feet further than the projection of the house -- -- sits six feet further than the projection of the house next door. i am not sure that rises to a serious concern on my house. the house is a comfortably design house. i think there is nothing one could qualify that is subject, anyway. unless an the other commissioners have any feeling that the buccaneers or debts -- or? proposed for the rear yard -- have the feeling that the balcony'ies ories or decks are t appropriate, that would be my motion. commissioner antonini: i am u

commissioner moore? commissioner moore: there is no second? commissioner borden: i did not. vice president olague: i will second it. commissioner borden: i was going to propose a modification. i have a full-time job, and i actually look forward to those few thursday's which are free, which are not very many. i like to find a happy median or maybe we revisit later. it -- where it may be we revisit later. >> if i could at a way of dealing with that. i hear a lot of sentiment, and i know from staff, too, that thursday break is often welcome, but i know there are a lot of big projects. one way to think about it is that you schedule this for a single project if the need arises. so if you realize it whenever the next fifth thursday is, in march or whatever, if you really want to schedule, it would be available for a special hearing only on one project, scheduled in advance, and we would give everybody plenty of notice. but you would not have to do that now is my point. you could adopt a calendar that does not

commissioner moore: here. commissioner sugaya: here. >> will consider items proposed for a continuance. item one, case # 2009-0649c. it is proposed for continuance in definitely. item 2 below, for 524 howard st., proposed for a continuance to march 24, 2011. item three, parking in south of market and mission bay, is proposed for continuance to february 10, 2011. president miguel: is there any public comment on the items proposed for continuance? >> i am here to request that item one the continued not indefinitely but for 30 days. the community has been working hard for the past four months collecting signatures and having house meetings to talk about this. they are anxious for it to come up and for you to support this project. we hope you can get this done as soon as possible. president miguel: thank you. is there any other public comment on the items proposed for continuance? if not, public comment is closed. commissioner antonini: just a question on item 3, which is being continued, but the author is no long

commissioner moore: and not before the hearing. could you return them to me please? they are not here anymore. >> they were returned to the department with the staffme

>> i'm -- pretty much commissioner moore stated my feelings. i think it is great after 40 years, the space is going to be used. i think what is great about buildings like this, they tend to have more affordable space for smaller firms. i'm excited to see this put to good use. would agree that sidewalk in that area -- is very difficult for adding trees to. >> commissioner? >> i'm supportive of this but actually have a contrary thought about trees. having a building on a high traffic street in san francisco that has equal or more traffic than this particular location has and has the cape cable car that trees don't seem to take away anything from the value of the building. they do enhance the sidewalk overall feel. iee you -- i see you shaking your head. i know about your -- the signage on the window. the trees will be way above eye level. i saw something that adds to the character of the street and maybe a high dead pedestrian street. having that as an important treat for the cable cars to come down and the st. francis hotel across the street, i

commissioner moore. commissioner sugaya. commissioner fong. commissioner antonini. commissioner olague. thank you. commissioners, the first category on a calendar, items proposed for continuance. item 1 is 42774-2773 filbert street. the second item is case -- i am one is for -- item 1 is for 277 4-2783 filbert street. there are no other items that i am aware of being proposed for continuance. commissioner miguel: public comment on the items being proposed for continuance? >> [inaudible] i sent in a request for continuance of item three, market street. >> to what date? >> to a date after which when the process -- a private sponsor complies with section 303e. >> at this point, because i do not have any inflation, maybe we can take this up -- and it is the next item, so maybe we could take it up at the call of the item. commissioner miguel: thank you. any other public comment on the items proposed for continuance? if not, public comment is closed. >> just in regards to the first item, do we know what issues

moore is coming from the inside of that department. he is caucasian, a 29-year veteran and attorney, said to be well respected by the rank- and-file. but the coalition for justice and accountability, that is kind of grouping of the naacp and several asian and hispanic groups, they are holding a rally today asking the san jose city council not to ratify the city manager's choice. they are apparently not interested in acting chief chris moore. so as i mentioned, the future of both agencies still up in the air this morning. elizabeth. >> very interesting. in oakland this morning, anne makovec, thank you. >>> well, the man accused of killing a woman and then burning her body in a car reportedly fathered a child with her. according to the san francisco examiner, family members say 29- year-old almon johnson is the father of vanessa herrera's 7- month-old son. johnson was arrested monday. he is accused of killing herrera, then burning her body in san francisco's lower haight neighborhood. >>> the investigation into the san bruno blast is goi

president olague: commissioner moore? commissioner moore: i would ask to briefly state how d.r. requesters are introduced to the process, the process of the physical nature of the building, how it fits within the parameters of zoning, residential guidelines, et cetera, and if a project needs guidance to be closer to be approved with not much ado. the guidelines and i'm just getting hopefully a nod from you. the guidelines are there to create a common ground that everybody lives hormonuous and next to each other and that's why we are here. i assume we are asked to take staff's recommendation and consider that what's in front of us either is exceptional or extraordinary or really is in the approval recommendations the department makes. the project in front of me raises questions which, just by practice of architecture, d.b.i. processes, et cetera, are always answered because the buildings we build don't affect the neighbor's foundations because in the way that it's reviewed on design, it meets criteria, which, at all costs, tries to avoid that so i am appreciative of the question.

president olague: commissioner moore commissioner moore: i am coming from a slightly different perspective, perhaps not fully represented the experience of living in the neighborhood, but one which observes the building and observes a change which will put a major spin to reinterpreting what has been identified as a resource. let me start with the california side, with the smaller commercial buildings. that building on its own is unusual enough to remind you of a paris influence garden architecture, which has its own sherm -- which has its own charm. it speaks to something unusual. the use behind it is an expression of the building. with the subdivision of the lot and subsequent design which is in front of us, it is really starting to put a top hat on this building. i have a hard time with that. i think the design itself does not meet the challenge of the quarter situation, including straddling what this requires us to do. i find this is designe simplistic. it speaks to residential design on the corner without taking the challenge on 17th avenue. we have a very simple residential expressio

president miguel: commissioner moore? commissioner moore: i fully support the statements commissioners miguel and olague made and having done the homework for us and what i would suggest to mr. paul is if trigger is starting to come forward with another application to very carefully review that also with the exits and including smoke exhaustion because it's not just adding a room when you do that. and you have to really provide quite sophisticated ventilation equipment in order for that room to function as a smoking room. and that becomes the question as to whether or not you can even vent that out on the sidewalk. so i think that is application which i think has to be looked at by the building department including obviously the department it. i would strongly recommend you do that in addition to discussing wit the neighbors. -- to discussing it with the neighbors. president miguel: commissioner sugaya? commissioner sugaya: in terms of the new idea that mr. paul put forth with this other storage room, i guess it is, there

>> lynn moore has been in here two months. it's almost a little over two months since he first arrived at the refuge of hope. at the beginning, he came around for meals, and i would see him on a fairly regular basis. i knew that he was following up on meetings. he was taking his medication when he was in here. he thought he was going to get housing right away, and then that kind of fell through, and then it looked like that kind of, like, swung his mood. he was pretty depressed about the situation, didn't feel like there was much hope. >> we pray a these things in thnamef jes, amen. >> and then he failed the breathalyzer on september 5, and then so he was dismissed from our facility for 30 days. and so that's the last i know about his whereabouts. ( phone dialing ) >> 911, what's your emergency? >> well, there's a guy out here busted a window out of my trailer today, and they arrested him. i don't know how he's out, but he's back here again. 's back here throwing rocks again. >> what's his name? >> i think the report says it's

the 49-year-old moore is an attorney, but moore must lead a police with budget cuts. >> there was an echoing call of a need for change and an inside candidate may not embody the change that the people are calling for. >> reporter: the city's managers choice is being called business as usual. >> it's not what's wrong with chris moore, it's that one candidate had more experience than another. and a city like san jose needs a chief of police with experience. >> reporter: tonight the city manager and mayor were at a community forum on improving police relations. >> if there's any part of the community that relationship isn't there, the police chief needs to work on it. >> reporter: once the decision is announced, you will find us there. >> you will find the entire interview with anthony bats, it's on the ktvu news tab. >>> and president obama was asked about his plans to cut the budget. >> we want to cut with a scapel as opposed than a chain saw. >> the largest number of questions submitted dealt with drug policies. president obama says he does not favor legalization adding the governmen

commissioner moore: 90. i want to make one more comment. -- thank you. i want to make one more comment. there seems to have been an unwillingness from staff to really keep the neighborhood groups, which strongly supports shaping this project, to inform them this was coming up. i think this commission strongly relies on staff and its proactive interaction with neighborhood groups, and i encourage staff on all projects to keep the neighborhood groups informed, ask them for, and participation, because those comments will come back to us. and the voice of the neighborhood groups, where we see a lot of frames and reasons for supporting a project one way or the other, but if you would not mind passing that on, i would appreciate that. thank you, and thank you for setting this example of how to deal with offsite inclusionary. i do not know if we can put this in conditions, but i would like to know where it is -- i started scratching my head as well when i started reading this was going to be on site. i cannot think of many sites in that neighborhood. i think we

commissioner moore: and not before the hearing. could you return them to me please? they are not here anymore. >> they were returned to the department with the staff member that was here. just put it down right over there. commissioners, i will place this under general public comment, not to exceed 15 minutes. members of the public may address the commission on items of interest of the public that are within the subject matter jurisdiction except for agenda items. your opportunity to adjust the commission will be aborted when the opportunity is reached in the meeting. each member of the public may speak for up to 3 minutes. i would like to take this opportunity for those of you who wish to speak on the calaveras dam it replacement project, the public, item -- the item is closed, but following public comment, is comment on agenda items where the public hearing has been close, and your opportunity to speak will be afforded at that time. commissioner miguel: this is on general public comment. >> good afternoon, planning commission. i'm an organizer at the central city s

so i'm kind of encouraged by what commissioner more -- moore said. the new proposal. it just -- it is interesting that this is coming back around in a certain way that i think is of greater benefit, and the hope of having a joint meeting, as i'm sure is not even close to in the cards. maybe they listen to some policy things that are going on in the greater bay area. i'm encouraged by that, and we should keep an eye on this since it is right next to our southern border. commissioner olague: we have not had a chance to really look at the calendar because we have been so busy with other things, but a couple of weeks ago, i requested that we have an mta presentation. i just want to keep that on the radar. most of the commissioners really agreed to that also, so it is -- they have some interesting ideas, plans in the works, so i think they are ones that directly relate to a lot of the discussions we have here. to the extent that we can be informed on what they are looking toward, i think it would be good. also, a couple of weeks ago, asked during the park merced hearing --

the 49-year-old moore is an attorney, but moore must lead a police with budget cuts. >> there was an echoing call of a need for change and an inside candidate may not embody the change that the people are calling for. >> reporter: the city's managers choice is being called business as usual. >> it's not what's wrong with chris moore, it's that one candidate had more experience than another. and a city like san jose needs a chief of police with experience. >> reporter: tonight the city manager and mayor were at a community forum on improving police relations. >> if there's any part of the community that relationship isn't there, the police chief needs to work on it. >> reporter: once the decision is announced, you will find us there. >> you will find the entire interview with anthony bats, it's on the ktvu news tab. >>> and president obama was asked about his plans to cut the budget. >> we want to cut with a scapel as opposed than a chain saw. >> the largest number of questions submitted dealt with drug policies. president obama says he does not favor legalization adding the governmen

the shots began in the entranceway but moore then lunged. >> then he hurls himself over the desk. you see him come over the desk here. >> reporter: with several officers down, moore comes face to face with commander brian davis. >> he engages this gentleman at almost point-blank range. >> reporter: both guns go off, the commander is hit in the hand. >> he's also shot in the back at this point. >> reporter: the gunman rounds the desk, but does not fire again. moments later, he is killed by a police round. police were looking for moore in connection with the kidnapping and sexual assault of a 13-year-old girl who managed to get away from him earlier in the day. police were called to and raided this home sunday afternoon just a short time later at 4:00 p.m., moore stormed the precinct. >> we are very thankful to god all four members who were injured are going to be okay. >> reporter: two of the injured officers remain in the hospital. kevin tibbles, nbc news, chicago. >>> now to our economy and how it relates to our lead story tonight. on wall street today concern over the situation

president miguel: commissioner moore? commissioner moore: there's something sad about this whole thing. i have to believe that staff did a very thorough, un-vindictive and analysis. i don't believe we have a licensed contractor here. the misunderstanding could not be that large. it is a huge accumulation of mistakes, and that is my concern. aperhaps the zoning administratr could help me. when your contractor, don't you have to have a license? and don't you have to take continuing education? and if you make a mistake to go back and learn and you have to pretty much -- you are held closely to what you were supposed to do. this seems to be a string of missteps, and i don't understand how that can happen to such an extent. >> yes, a license is required for a contractor to practice in san francisco and products such as this. that is all regulated through the department of building inspection and they are aware of all the violations associated with the property. commissioner moore: i have never quite seen a neighborhood that wa

moore is coming from the inside of that department. he is caucasian, a 29-year veteran and attorney, said to be well respected by the rank- and-file. but the coalition for justice and accountability, that is kind of grouping of the naacp and several asian and hispanic groups, they are holding a rally today asking the san jose city council not to ratify the city manager's choice. they are apparently not interested in acting chief chris moore. we'll hear from them at 1 p.m. back to you. >> thank you, anne makovec in oakland. >>> police chief anthony batts and oakland mayor jean quan are pledging to fix the city's police radio system. it went down during a high- speed chase and officer- involved shooting wednesday. quan said she wasn't aware of problems with the radio system until then. officers and dispatchers weren't able to communicate with each other for about five minutes. the glitch did not result in either of those two suspects getting away. one armed man was shot and killed by police. the other was arrested. >>> 6:08. thieves targ

>> chris moore has been acting police chief since rob davis retired at the end of october.as with the forts for 30 years. according to the mercury news, moore is a final candidate up for the position and a formal announcement could come as soon as early february. in just a matter of weeks. the point of of contention is who is up for the job? the city manager said she is not willing to name any of the candidates in order to attract the best candidate. here's what we know. city officials confirm initially more than 30 people applied, but the mercury news reports fewer than 10 remain and that includes acting chief chris moore moore has been with the department since 1982 and was promoted over the years by the former chief. later this week moore and the others will be grilled by three community panels made up of a broad cross section of the community. after those introduce, the city manager's picks will go through background checks and face the city council for a closed session. the department has come under fire in recent years for excessive police force and racial profiling.

. >> commissioner moore. commissioner moore: is there a piece of legislation coming up on the 90-day straddling from one to a new supervisor has the additional room, i would be asking annmarie kelly or director to -- and principle i'm in support that the manning commission, the planning department -- planning commission and the planning department start a dialogue on an interesting neighborhood focused project with the new supervisor. just kind of getting down and doing something together instead of waiting for the next controversial thing. annmarie, could you take -- >> annmarie rodgers. there's no additional provisions for -- for -- additional time during the transition between offices. however, under all rules at any time a supervisor could introduce as an extension resolution or -- or the commission or the department could request an extension resolution, there's no fwarn -- there's -- that goes to -- that goes to a vote, so there's no guarantee they're approved unless the supervisors told us they want to

commissioner moore: she has a picture. vice president olague: ok. >> [inaudible] vice president olague: thank you. commissioner antonini: i don't think it makes any difference. vice president olague: project sponsor. >> i am the project architect. the property owners, and jake and donna, are also here. it has been a long night. i am not trying to talk about the end inches -- about the to and inches. as an architect, i follow the planning code and the residential design guidelines. we have a project planner. we have an entire design team to review the project. i believe the project meets every section of the planning code. in terms of the design guidelines, it is a guideline. the interpretation of the guideline is very objective. everybody has a different way of looking at it. but the project has been revised according to the planner and the design review team recommendations. i believe that if they understood the intention of the planning code and what is expected by the city -- we accepted and we honor it. that is all i n