the appellant in this case filed on appeal on the sequa determination in april and we subsequentially >> april of this year. >> april of last year this was the first of two sequa appeals and they never had notification on the permit so see if there were any discretionary review and the eventual date was the sequa hearing was last year. >> okay. thanks. >> thanks. >> question for mr. duffey along the same lines to clarify that. >> the demolition permit has a more stringent modification of notification requirement. >> that's correct. >> what's that radius wise. >> 3 hundred feet the notification. >> thank you. >> we a may need to check that my recollection without checking the code the notification for after issuance from dbi or prior to or during review. >> your notification goes out before you issue? >> we notify when the permit is issued as well the demolition the 311 notification during the process and the notification of intent to demolish a building so through would have been notification so ms. brison had up on the screen and that is a 3 hundred feet radius from what i remember.

u subsequential to that in the last year they've planted the trees. >> so the place in between the trees that's a permitted site for the surface mounted facility is there a green strip for people coming out of the pharmacy. >> it eliminates the green zone at that in the matter to the door of the pharmacy. >> so a permanent. >> yeah. legal but non-green zones would be wiped out. >> so the green zone is directly in front of the of the pharmacy. >> at this point but actually, the appellant is hoping to have it negotiated to have it moved away not part of this appeal but, yes their adjacent to a green spot. >> it enables customers to come in and out of the business? >> yes. assuming they're available that's true. there not available at this point, because from after 4 and before 10. >> okay. all right. thank you. >> okay. we can hear from the permit holder now. >> thank you, mr. johnson for appellant at&t with all due respect to my colleagues who got up and auditor he's got a lot of the facts about the appeal wrong i'm going to attempt to correct the record. at&t employed for a pilot in the

changes have occurred, no subsequential changes in the project that will lead to new virile impacts or increases of severity of impacts that was analyzed in the admiring and no mitigation measures are required i'm glad you brought this up since the eir was certified both at the time of the action some of the transportationization mitigation measures were found to be infeasible with the developmental agency made the finding and since that time additional mitigation measures have been made feasible that's in our staff reports fortunately those don't change the determination of significance because they're already significant you're making extra finding the mitigation measures. >> does that mean we also have a mitigation measures in monitoring program which carries a may 2014 date that is. is that possible to make not editorial but gramic changes >> a grammatical error. >> well under the historic study the feasibility of rex e reacting nearby sites i don't think that means anything can we make a correction or if staff can looking at that. >> yes. we know make the corrections. >> yes. u

subsequentially our contracts roofer and another roofer came up and advised us their roof ♪ excess of0 or 15 years old very poor condition. later on they please be advised we ripped open their roof. went up and found, in fact, we had not we simply removed our existing second floor roof and have pawar put that extended approximately 18 inches above their roof our house is further up the hill and their roof is not effected at all yet they said we'd ripped open their roof and caused it to leak. subsequentially at the served us with a lawsuit claiming $200,000 damage to date plus punitive damages of 3 times that amount monumental to 8 hundred thousand total we figured it in total damages. contacted our insurance company and lawyer and planned the case they said they'd fight the situation. from time to time they presented evidence as they called it but in each case their characterization of what has happened is false their evidence is incorrect or mischaracterized and dbi has inspected the house and found we didn't dangle their house and we were not over their property line as it appeared.

subsequential to that there were concerns raised by supervisor wiener that looking at those streets when we have approved those plans have we thought through the streets so we went back to the table on may 16th and came up with a proposal that reintroduced many of the narrow streets and again looking at that again, we got together again and actually were building to see where the fire department had some comfortable to access those blocks on at least 3 sides with green that means they were able to access the blocks and have the appropriate response. this june map reflects a near complete consensus among the department and directors oar this is the status of today, there are additional tweaks i think are generally positive that enable us to have more generous sidewalks maybe 2 and a half feet in some cases those are being circulate to the staff and directors we hope very much before i depart the city it will be approved we'll move forward into incorporating them. this table on the unnumbered slide shows you the steps now we will have to take assuming we have this consensus tomorrow to inc

elevators and following the industry practice we've included a 5 year maintenance contract after subsequential completion of the escalators and elevators the cost will be from the maintenance budget that will be done after the subsequential completion of the building. we received bids on may 21st of this year, the budget open the escalators and elevator is $11.9 million the estimate that was implemented including the maintenance costs is $13.4 million we had 3 bidders qualified the elevators company and shining letter elevator copy and the corporation the bidders were invited to bid for the elevators or escalators or both the elevators and escalators were offered to provide a discount for the entire package. the bid amount we received two bids one for the escalators and one for the elevator. the center bid was $10.6 million and the other was 9 million for a total of 19 million plus this excludes the maintenance only for the constellation of the elevators and escalators arrest this is a summary of the breakdown of the bid results starting with the elevators the elevators are for 12 million 25 t

we started with a rather mixed bag of activity at the conclusion of this process last july and subsequentially the health plans the staff harassing have been very, very diligent of bringing us to the point we are today, i find it absolutely remarkable we don't have the same level of interest with when there's a victory to be dlafrd. be that as it may i think that we're going to find this overall is a good result and my hope is that everyone will thank you for the opportunity to claim credit with that, i'd like to go to item 3 >> item 2 action item approval for the 10 couldn't results for the 2015 plan year committee chair scott and director todd. >> director todd you have in your packet the resolution you also have the analysis that sits behind it which is extremely thorough we take the 10 months populous county and the average and determine that as what's been known as our 10 county average. you'll see that there is high as $610 per month and as low as $420 per month we're going up by one .67 percent, 46 percent. to $567. now the 10 county is taking on roman numerals primarily this year and i

is not the failure to engage and the desire to get around the position it's a big problem and subsequential issue, however, i think that the occur ventilation of a process in place we found that was formula retail. it's something we should and can stand by simply trying to get around that through a signage change shouldn't stand i disagree >> okay. i think technically i don't think the zoning administrator record technically. but i don't feel like i have enough information as to the contrary criteria to make a determination about formula retail i agree with commissioner fung that perhaps those are concerns that are valid but not technically part of the legislation as it stands or of the formula retail statute regulation as it now stands there's legislation preponderance of the evidence maybe to clarify or expand that but we have to look at what the criteria are i don't believe the zoning administrator erred my inclination to get more information in order to make a determination i don't feel i have enough information, you know, and that's a motivator of what i prefer for a conditional use he

occurring major you august with the may 2nd permit was you subsequentially the same as the 04. >> it's exactly the same in thees vacation permits says the director of dpw at my time could withdraw the permit i feel the april 4th permit was dropped and the may 2nd was reissued i filled the appeal on the may 2nd permit thank you commissioner fung. >> okay mr. johnson. >> good evening commissioner hurtado and the board of commissions on may 2nd the honorable just of the san francisco superior court issued a mandate in the city and county of san francisco avoiding this board decision in appeal number 11 dash 004. that appeal is dental to the facts of the this evenings appeal in the crown castle case the appellants filed their appeal past the deadline and the respondents argued they should be granted their request requests and the department of public works should have a wireless facility permit despite the fact that dpw had no legal obligation to do that this board granted their jurisdiction request and just gold smith elevated that and his order specifically held that dpw was under no leg

so you know it's 30i my assumption what staff approved also included the roof desk and subsequentially went to other agencies and converted to other issuance from last year >> commissioners the matter is submitted. >> well, i think we've been over the notice issue exhaustly i'm convinced that there was proper notice given the dr record and the testimony of mr. sanchez and i'm also not convinced there were any requirements there be notifications to the amenity that were added towards the end of the process according to the planning code as mr. sanchez explained it's not required that many notice be given i don't see a basis to over turn this permit. >> i'm not sure i'm in agreement with that position. sir, i accept the irrational statement i made commissioner on the overall notice was probably very by the book and okay. where i disagree with that that is the addition of this roof-deck to me is fairly significant. it's additional living space and it's living space you can't control in terms of noise, odors and other things. and right i'm not sorry but i think the zoning administrator kno

mayor appoint someone to serve on the board of directors the peanut villaraigosa to rerun and run subsequentially in the following election wherever the term was about to expire 10 east hence i'm here again and if anyone wanted to challenge me they have the opportunity before any election and a second you opportunity this november there's been a lot of comments before the inbuntcy sometimes that comes with a huge liability back in november of 2012 there was an appointee is the possible for incumbent to be put out of office i will august i'll sitting here as an elected official i had to work hard to make sure that i did the best to represent having glutin up there as well i will recently fully disagree are the intent of this legislation a. i appreciate there are differences of opinions but supervisor avalos if you for bringing this forward. we've looked at this issue from the local agency commission laugh could the way it is filled the vacancies is not a no more or expectation the mayor explicit not have the kind of power like in san francisco. in fact, in the majority of jurthsdz from what we rem

to 29 the america's cup organizing committee fulfilled ailing all its duties to the city and subsequentiallylez closed it's door so the pilot program is concluded with the program on a ongoing basis if we choose i thought it was would important to see this. there were 3 eros placed at various points for individuals and other to participate. there were a brick program and there was a beverage program and there was a larger ability to death a grove of trees on the site to approximately 2 hundred and 50 bricks will line the walkway of the park you can see that very large red is showing where the walkway is and on the embarcadero program in addition and a step up within the wharf and that's where the 2 hundred and 50 bricks will be their wen graphed with someone's name and potentially with well issues for example, someone purchased a bring in memory of a person who severed a short time and other expressing their love of the area it's been interesting and will be fun to go through the bricks. the second is the bench program 13 benches were purchased lynn the area with the top of the slide that is

overall we're looking at the an increase of 3 percent that includes a subsequential decrease in the shed of 33 by 44 percent due to the entirety of the load restrictions you can't drive large trucks out there and roofing problems and the lifespan of the building is in question so we can't give people a 5 year lease that's a changing situation. then on the high side increasing the rents by 40 percenters. and finally the last big perimeter rents is land land is again sort of a different part of our portfolio it has a high vacancy rate and we're not having a location driven but in daily city and others counties generally, we're dollars doctors the rates of paved and unpaved land by $0.02 and leaving the improved land where it is. from here we're going to come back to the board an june 10th >> on the paved land can the prospective tenant put containers on that. >> i'm going to defer that to one of the leasing managers. >> what. >> please allow me to defer that. >> jeff bower leasing manager. >> so we're actually commissioner we've jumped the gun for a mommy public comment seeing none, public

. >> 12 and january 24th of analyzing was the dr holding and the building permit was subsequentially otherwise on july 8, 2013, that was a complaint a building inspector went out and the building permit was filed it was approved by our staff that reviewed it and the dr decision said it come forward and the proposed changes to the roof-deck didn'ty my new notification every change requires a revision but that didn't require a new notice and this permit was issued on february 21st before this board. i did not see a 2010 permit on file i don't know what that is referenced to i don't see my reference on the tracking system. what could have been happened there's a preapplication meeting and at that time, they didn't show the roof-deck they put it on the neighborhood notification but again, i think any issue because the dr was filed specifically in regards to the roof-deck but the planning commission didn't take dr on this permit if you have any questions, i'll be happy to answer them >> the changes that were made between the final approved plans and the plans that were submitted in connec

the board can take those as sprat subsequential votes or a separate vote the resolution itself has the finding are a that a board can take a single vote >> supervisor wiener. >> thank you, mr. president and supervisors cohen and thank you supervisor breed and supervisor tang for joining on the resolution. colleagues without repeating everything that i said during the introduction today, we know that this sick anti has had a very, very detrimental effect on hundreds of people in the city it pushes people into their cars and increases traffic and undermines the economy and the way people get around to work and doctors appoints and school it is important that we as a a board state we don't support this sickout and ask our mini drivers to end the sickout and go back to work. i was very, very careful to explicitly state in the resolution how critical the machining drivers are to our community that is important work our city can't function without our mini drivers we deserve to be treated with respect and fairly and they deserve to be compensated fairly in terms of compensation and benefits

time, i didn't feel prepared to vote i believe the advisory committee didn't prepare to vote we subsequentiallycheduled a meeting for the following thursday on january 9th to enable the companies to give us updated draft and to have time. that next meeting we say updated draft they are that better but not complete. devoting was basically a week behind the other companies we had a discussion about another meeting it would be it is the duty so we decisions to vote on the cb a we regretted autopsying all of them except zen deft we knew it was a ceremonial vote. i think following that they wanted the city administrators went ahead and signed that there were good things this came out of it but more about the process we moved from a quarterly reporting 1278 that was not effective the quarterly reports came in late we were meeting without the latest reports and the reporting didn't seem to be that important that it would be actually on time. since then we've changed it to mostly reporting it's much more robust and more information and we've gotten it on time for the most part and physical because we'r