the petitioners make the claim that they did not receive notices. we have no way to know if they received the pieces of paper or not, but that is not the standard. as discussed fully in the submittal, the petitioners were properly sent notices, and the affidavits are included in the exhibits. in fact, there is no claim by the petitioners that the notices were not sent. the problem is they did not provide the city with accurate information as to where those notices should go. and more to the point, at least more for the purposes of your consideration, they had actual notice of every aspect of this project. it is on the corner of presidio in jackson. you cannot drive that corner without seeing a very large construction projects going on. as some of you have. there is simply nothing here that the possibly justify the petitioners, who are an engineer and architect, waiting 13 months and seven months to file this for jurisdiction. finally, we have include a discussion of vested rights in our document. -- we have included a discussion. i am sure you have

when speaking to the petitioner group from rocketship, i conveyed this several months ago before the summer recess so i clearly laid out the schedule, the potential schedule. we did make a request for an extension of that schedule for review and the petitioner group felt it was necessary for us to come to a decision within the required timeline. that would end this evening. so a decision needs to be made. so we did diligence around our review of this petition. getting all the submission of the comments from our staff and then combining it into the factual findings and coming up with a recommendation. several staff members that reviewed portions of the petition are here tonight to answer questions, based on your review of those. those factual findings. i gave you another copy of that, too, in case it stirs further information. without further ado, and obviously i'll be here to answer questions you might have and other staff members are here too, i request permission from the board to read the amended language of the resolution into the record. president mendoza: that would be great. >

these are some of the questioner that the petitioners raised. there is a space where the company used to occupy. that space, according to my knowledge, has been done with all of the permits, inspected by the port. the latest rumor i have heard is there are toxic gases trapped in the walls. can you answer what kind of gases you suspect? we had pg&e expect a place for gas leaks and other toxic gases. they could not find anything. another question is why did the port close the rolling door on the south side of the public access area? why did the port direct offenses on the north side to limit public access as well? another question i have is why the port has done absolutely nothing about safety problems in a timely matter. most of it is easy to fix. the original report came out on august 16, 2011. town hall meetings took place september 11. notice of repairs came out on to the 212011 but the report patrician started to install on a september 26. why did it take 40 days, media attention? those immediate problems needed to be addressed. my question i

and i believe the petitioners argue blothat the court should not focus on whether the police officers did anything wrong. there's definitely an interest of the courts and an interest of government in making sure officers pe-hazel themselves and conduct themselves investigations accurately but those vindicated by the witness's identification testimony it just so happens that an overwhelming majority of cases it involved police officer identifications. it's not contingent upon that. the real inquiry is, were the circumstances -- whether the were involved or not were the circumstances of that identification suggestive such as would make the identification testimony admitted at trial unreliable? it doesn't matter whether the police was involved. if there was a scenario where no -- the judge should not let it in because it's so unreliable and it's likely to lead to a wrongful conviction we don't really care whether the police were involved the petitioner argued. and the lower court said, no, that the -- just like with suppression of evidence seized unconstitutionally in violation of the fo

though the school board approved their petition, they did it with the condition that gives these petitioners a very tight time line. reporting live in concord. alan wang, abc7 news. >> thanks very much. >>> now moving to higher education. uc regents are set to propose another tuition hike. the new plan would raise tuition eight to 16% every year. by then basic tuition could top $22,000. that's not including books, room, board and fees. uc officials say it would help cut a short fall left from state funding cuts. the regents meet in san francisco to talk about this this thursday. >> a surprising upset in new york tonight. a heavily democratic district elects a republican to congress. bob turner won the special election to fill the seat vacated boo -- by anthony wiener. the newest member of congress called it a, quote, loud and clear message to washington about president obama's fiscal policies. >>> will, coming up next an unusually dramatic day for americans in ofghanistan. the u.s. embassy in kabul comes under a fierce attack lasting hours. and then this -- >> get out. >> a young man saw liv

though the school board approved their petition, they did it with the condition that gives these petitioners a very tight time line. reporting live in concord. alan wang, abc7 news. >> thanks very much. >>> now moving to higher education. uc regents are set to propose another tuition hike. the new plan would raise tuition eight to 16% every year. by then basic tuition could top $22,000. that's not including books, room, board and fees. uc officials say it would help cut a short fall left from state funding cuts. the regents meet in san francisco to talk about this this thursday. >> a surprising upset in new york tonight. a heavily democratic district elects a republican to congress. bob turner won the special election to fill the seat vacated boo -- by anthony wiener. the newest member of congress called it a, quote, loud and clear message to washington about president obama's fiscal policies. >>> will, coming up next an unusually dramatic day for americans in ofghanistan. the u.s. embassy in kabul comes under a fierce attack lasting hours. and then this -- >> get out. >> a young man saw liv

were going to take it to committee, we wouldn't have been within the timeline, we went back to the petitioners and said it's the desire of the board to hear it in committee and then they decided not to accept that and now we are before us to make this decision yes or no, is that correct? >> that's exactly correct. few few i wanted to be -- commissioner fewer: i wanted to be sure because it's been several months. i'd also like to thank staff for this in depth and very lucid and easy to comprehend the document on this, on all your findings. thank you very much. >> thank you. other comments? commissioner yee. vice president yee: i want to thank the staffers and -- for the analysis and i really appreciate the practice of analysis for an english language learner piece of this which really gives me a lot of concern about this proposal, or this petition, so just, thank you. president mendoza: other comments? >> i want to thank -- mr. cohen, i actually wanted to thank you guys also for this. i don't have any questions, i just have a comment for you. this is one of those things where, i actually spent

. >> today's closure caps a contentious fight that involved lawyers, lobbiests, protesters and petitioners. the park and recs department put the lease up for bid in order to boost revenue in the park. the new vendors are set to move in before the entd of the month. >>> finally, tonight, it could be raw. real raw. eddie murphy might be hosting the oscars. the actor and comedian is in talks to host the 84th annual academy awards, i believe is next february. the website also said -- he's laughing. is it going to get dangerous here? >> i'm excited. >> has the support of oscar producer brett rat ner. they are working together on a new movie due out this december. who hosted last year's oscars? >> anne hathaway and eddie fran koe. >>> i'm sue san shau, editorial director. after the horrible fights and shootings at the 49ers-raiders game last month, we applaud the new tougher security and curfew on tailgating. they're good steps, but not enough. 49 ceo was on the right track last week leaving his sky box to sit in the stands with his wife. it was a nice photo op, but not what the rest of us exper

i believe, and the petitioners argued below the court should focus on not whether the police officers did anything wrong. there's definitely an interest of the courts and interest of government in making sure officers behave themselves and conduct their investigations properly. but the interest here vindicated by the court's eyewitness identification testimony, it just so happens that in the overwhelming majority of cases it involved police officer identifications. it's not contingent upon that. the real inquiry is were the circumstances whether the police were involved or not, were the circumstancess of that identification suggestive such as would make the identification testimony admitted at trial unreliable. it doesn't matter where the police were involved if it was a scenario where no -- the judge should not let it in because it's so unreliable and likely to lead to a wrongful conviction. we don't really care whether the police was involved, the petitioner argued and the lower court said no, that just like with suppression of evidence seized unconstitutionally in violation of the

. >> today's closure caps a contentious fight that involved lawyers, lobbyists, protesters and petitioners. it was up forbid to boost revenue in the park. the new vendors are set to move in before the end of the month. >>> still ahead at 6:00 on this labor day, what's behind the environmental concern growing in wine country sm. >> the visiting and getting around san francisco is -- it puts san francisco into an elite category. >>> controlling how and when you buy your next bottle of wine or six hp pack of beer. the new changes that could be on the way across the state. >>> he shot out of nowhere to win the san francisco marathon. now a stanford student is aiming for the olympics. his story come upping. >>> i'm meteorologist jeff ber near i, a mild to warm day on this monday. you can see plenty of sunshine in san jose. we topped out with 76 in san jose. san francisco, 61. we'll tell you about major warming coming in my forecast in a couple minutes. >>> start doing the math. will it be cheaper to drive a car and pay for parking or just get a cab in san francisco? you have to recalculate. tax

there are petitioners in every county. they can find you or you can find them. they've never done it in this much of an orchestrated way to roll back voting rights. make no mistake, that's what they're doing, they're rolling back voting. every presidential year they try something. they've stationed people at the polls that look like off duty -- they look like police officers to intimidate people. they've challenged voters. they've had secretaries of state that have issued as in ohio a few years ago to issue all kinds of conflicting regulations. they have called people on the phone saying the polls close at a different time. they play these games because republicans sometimes win elections by depressing turnout. it's really un-american and really does in so many ways it undercuts our values and in ohio this year there's been an assault on voter rights. there's been -- from the legislature and the governor. assault on worker rights. assault on women's rights. and really unraveling from these radicals in the legislature. unraveling what there was consensus about. w

. >> reporter: the application is a shoe-in if the petitioner has an olympic medal. without such a major award oleg must meet three criteria outlined by homeland security that prove he's an asset to the united states. >> now that you've shown exceptional ability, can you also show that your immigration is of national interest, that the benefit that you will bring to the united states will spread from east to west coast. it's going to be national in scope. >> reporter: oleg thinks he has what it takes. >> i can help a lot of americans to become more professional. and to expand their abilities. >> reporter: many russians have obtained this visa. this man represents the best of the circus tradition that goes back more than two centuries. >> i grew up in the circus in russia. i'm the fifth generation. in the circus we had horses. all generation was training horses. me and my sister the only one who left our tradition from horses and started to learn something new and explore something different. i decided to be an airalist and my sister is is a contortion it. on the airl

the defense -- the petitioner on appeal argues that was an unduly suggestive identification. and it doesn't matter whether the police initiated it or orchestrated it. the fact of the matter is, it's unreliable. and the lower court said you know what? if the police didn't do anything wrong we're not even going to get into whether it was unreliable and therefore violates due process because it was -- it was flawed. and the specific issue the court has to address is, does its precedent on the admissibility of eyewitness ids apply if the police did not cause the out of court identification? in this case, in light of what we now know about wrongful convictions and eyewitness mis-ids, it's really interesting because the witness -- a latino woman, she says -- it was a tall black guy. that's all i know. she later is shown the defendant's picture in an array of photographs and cannot pick him out. later at trial, she does not make an in-court id saying i didn't really get a good look in the face. she's the only witness who actually witnessed the theft and who could identify the person

two week-program for petitioner is accorded -- for practitioner security. i just want to see where you stand or where do we stand with regards to the legal steps in creating the acgf as a state- owned enterprise? >> i will digress for just a second. i am not budging your question. -- i am not dodging your question. my roll over there, we have about 6000 mtma trainers and a advisers in the country. i have 3000 deployed advisers. and in six commands around the country. my actual interaction with the appf is small. i will tell you that the efforts of to this point have been largely in clarifying the laws that will govern how the appf is brought on board and paid for. much may have changed in the last three weeks to four weeks since i have been on leave and back here in washington, d.c.. when we left, the first real plus for appf were ongoing. -- first real classes for appf were ongoing. my understanding was that they were very well attended and seemed to be successful. the assessment of afghan justice department represents a truce came to observe it -- present