mr. rabbitt is not. i think the process we have worked out with the neighbors to look at golden gate avenue in a comprehensive basis, which mr. rabbitt voluntarily opted out of, is the process that also -- that ought to be considered. the fact that mr. rabbitt is left out of the process is entirely of his own choosing. commissioner hwang: i would like to hear from mr. rabbitt. >> commissioners, thank you for the opportunity to address this. i agree with the commissioners that it seems to me that the issue before the commission is dealing with the specific issue of defense and the parties to this appeal of the parties that submitted briefs on the issue. with all due respect, i want to submit my concern that the board seems to be considering a settlement agreement between the university of san francisco in the neighborhood association which has nothing to do with this appeal. it is irrelevant. as the commissioner noted, the neighborhood organization is not even here. i was not going to speak to this, but s

mr. rabbitt, you have three minutes. >> thank you, commissioners. i want to address the retaining wall and commissioner fung pointed out something now wanted to follow-up on. this is a blown up drawing that mr. o'brien showed you. the yellow here is the outer chain-link fence. this is the part near the western edge. at the short answer, there is a distance here between this retaining wall and the outer fence. this portion of the fence, you could bring it in without any effect, as far as i can tell, with the retaining wall. again, i have not been allowed inside, so i rely on the drawing that usf submitted. also, the changing grades is something that you hear dpw from and usf, but what they did not mention is this is an area where the field is essentially level with the sidewalk and there is a retaining wall. there has been no explanation from dpw or usf why defense cannot be moved in this area. i like to show you in terms of drawing, this is the same drawing that mr. o'brien showed, this is the end of the field neared the sonic. i believe the red is t

mr. rabbitt. this is similar to other sidewalks, however landscaping, driveway ramps, that exceed 25% and to the public right of way. these are situations the department evaluates carefully and issues a variety of encroachment permits to authorize these types of construction. we believe that we acted appropriately in issuance of these permits, and we would suggest the department of pulled the department's decision and denied -- uphold the department's decision and denied the appeal. commissioner fung: as far as the department knows, has this elevation difference been there for a time equivalent to when the street was deeded over? >> i would suggest so, because the baseball field typically needs to be on a level surface. based upon the maps i have seen, and extends nearly to golden gate avenue. the street slump, as my brief stated, if we assume 0 elevation, by the time he reached the other edge of the baseball field, there would be an elevation deficit between 12 and 13 feet. so something must have