so even when the board has certified an eir to not uphold the appeal, in some ways aspect of the eir open up again when you appeal the history category permit? >> no, it's not quite like that. it's a little bit characterize differently. >> cab you sprain why you make these considerations? >> sure. they held that certification on appeal. what that means is that what this body found is the eir written accurately and adequately described this project. at this point we are not revisiting the conclusions that theeir reached as to whether certain impact will or will not result from this panel. because it identified significant and unvoidable impact in shadow. this body when it decides to take an approval action, it has to make certain findings based on the conclusion that the eir did. they are not what the ceqa did. what you would be doing now is uphold hchlp c's action is making ceqa approval finding which is that we read the eir and we under this project will have an up voidable impact to open space because of shadow. that's what the eir identified, but because of the other social reasons

finally i would like to point out that there is no new information in relation to the eir and the draft eir including the shadow in the shadow budget for union square or information provided identify any new or more severe impacts or more mitigation message measures that would require this. the removal for the hpc would be proper. with that i would close that you respectfully uphold the decision of the hpc and our team is here to answer any questions. thank you. >> colleagues, any questions to council? actually i had one question to ask you based on your comments in terms of fees ability and analysis. i do appreciate the fact that full sensitivity analysis is difficult because you can't predict the future. neither side can predict what economical barriers might affect you in the future. we are being asked to determine that. while you say we can't take that to a full extreme, we have to make an estimated decision. how do you reconcile in those two perspectives, you say it's rough to find the limits on the other hand we have to make a decision? >> certainly, as a lawyer and approaching th

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 taller buildings in the area in the district. it is important to note that none of those were an approved subject to article 11 for different reasons. pacific telephon

just a background, the western soma was certified by the planning commission last december that eir has three specific components to it and the first was the plan itself and that rezoning which the commission passed in december and the board of supervisors adopted in march of this year, there was a development at 358th street which the commission also approved last year and the rezoning deep adjacent parcels which is before you now. again, there are two other parcels that we want to include on mission and jessy street and in the general vicinity which is south of market mix used district which we are gradually phasing out as they are replaced by the district and eastern neighborhood mixed districts in the situation. and 3 g. and these sites happen to be the only two rsb sites north of mission street and are a bit out of place. and then lastly we want to amend the boundaries of octavia and east soma to capture some of these parcels and pull them into the planning areas. just go over in detail what we are proposing. this is adjoining of the parcels that were analyzed in the eir to the 7th

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? >> commissioner antonini? >> i would like to make a motion to continue the environmental neg deck appeal as well as the project itself to whatever available dates we have and probably going to be in september i would think. >> we could potentially commissioners place it on the august 8th calendar. it is not overly booked at this time. >> okay. and my... and my charge to the staff would be to try to deal with some of the concerns that were brought up by the commissioner sugaya and also to project architect and staff to try to look at some of the concerns that were brought up by commissioner moore in regards

neighborhoods fought back n and the rec and park backed down and they did an environmental review and the eir a big litigated. but they were no help in the soccer field struggle. again, the sierra club wanted to have the clock tick we agreed to go to support the current legislation only if we got the ability to appeal new environmental determinations of modifications. and so, please we are asking that you support the legislation that supervisor kim and supervisor chu have been working on for many months now on modification and a thank you. >> thank you (calling names). >> howard representing san francisco tomorrow. i'm an architect and i've managed and over seen many projects for the city of san francisco and i've been involved in projects from the neighborhood prospective also. this legislation yesterday passed by the board has been worked open for many, many months and been a collaborative effort by supervisors weaning, chu and kim. the last remaining piece of the puzzle is what happens when a project changes. it doesn't apply to many projects and in many projects you've seen errors are mad

first presentation will be for the capital projects on the doyle drive and when we approved the 2009 the eir had just been certified in 2008 and thank to working with the mayor's office we have a hundred million more for the projects that were under construction and phase one is open as of last year so the public has a facility. and the government just passed a legislation for the partnerships. and thanks to a lot of hardworking cpcs we have the phase two under construction. i think it's very unlikely that phase two wouldn't be under construction now. the subway our second presentation will be from the sfmta we adopted the amendment and the amendment was concurrent on providing the series of thanks that the mta had to do to receive a grant from the fta and that funding has been received from the oversight prospective we have the risk managements for the project and to get the alternative funding that the authority had commented to the promise but they're not going to be in time because of the budget. the 3rd of the figure out presentation is very quickly this project since it was in hibernat

we're finishing the eir /eis, the environmental process and expect a decision from the federal government in september of this year. we've already started preliminary engineering and are working on what the mta refers to as conceptual engineering report and essentially 30% design that will help lock down the final costs of the project as well as the total scope of work of the project, and we will be doing extensive outreach to basically everybody, the public, other city departments and other agencies to make sure that that 30% report includes everything that needs to be included in the scope of work and identifies all of the parallel projects and interfaces properly and if you have any questions i am happy to answer them. >>i am sure we do. thank you for a very comprehensive report. i just have one right away. i didn't get the you there put -- what does that mean? >> it's how many bodies you're moving through the corridor at any given period of time. >> okay. >> to clarify i think the point in the statement is even we're taking away two travel lanes that are typically populated with autom

and in both cases we are on track to have the final eir and advertise the construction contract by november of this year. i am pleased with the work so far and there is continuous challenges as to be expected but i am glad that the team is tackling it efficiently. and i would be happy to take any questions. >> any questions? >> all right. thank you very much. >> thank you. >> >> the last item on my report is clean power sf update. barbara hill. >> thank you. >> barbara hill, assistant manager for power. just quickly, we have had as you requested constructive conversations with the labor council regarding our build out for the clean pour program and the prokurment for the program and we have shared information and we have reached this ongoing, and we are looking forward to returning here on august 13th with on what we were able to do. >> thank you. >> any comments? >> i know that we have public comments? >> michael terio, first? >> welcome michael. >> commissioners michael, san francisco construction and trade council, i did meet with your staff and i appreciate that meeting and i believe th

don't forget to go to gerriwillis.com for a look at the eire users guide. you steal the website to talk about. all of the explanations are right that. even the best of hospitals, even the best hospita out there have bill that are impossible to understand. the crÈme de la creme medical facilities, everything from cancer to neurology. a world report came out with a list that is my top five. ucla medical center, the number one hospital in california has an 85% satisfaction rate. number fr is the cleveland clinic, the best facility for cardiology and heart surgery. number three is thyo clinic. the hospital has locations in arizona and florida and it home state of minnesota. it was named the best diabetes hospital in the country and also the best and other categories. number two is massachusetts general. it has ben nearly 90% satisfaction rate. that goes to jn hawkins and baltimore. it was named the best hospital for five different specialties, including urologyand geriatrics. and the hospital at northwestern camm in at number six. for the complete list go to ge

assessment and the solutions and the solutions will take another year to analyze and dove tail into the eir process so we're talking about quite a while to get to some -- and there are things in the pipeline but are there any other tactical -- events that we can do and walking and chewing gum at the same time and for the improvement and some of the comments as people try to get one to end to another regardless whether it's america's cup or not are there improvements we could be doing while studying and figure out the longer term solutions as the projects are coming along and the longer term as well? >> yes president, yes and you're chewing gum and able to blow bubbles and we're seeing the bubbling up of ideas we're implementing this summer and for instance with the america's cup there are improvements that we started. i always like to link the america's cup planning with this assessment and there is no difference for the large event and what we need to do for the long haul. we are using these pilot projects how to run the e line service and see it running more because of the service from mi

at this there are great ideas already vetted by the people who have to operate them and how the future eir's might go and as john said getting ahead of the application is one of the biggest changes and we're ahead of it and identifying solutions that could be the mitigated measures in the projects and it's a more comfortable position for us and identify opportunities before that and when we have that draft wrapped up and all these great projects vetted by the providers we start what could be a year long project of an liegzing these solutions and they're coordinated with the individual eir's and high level modeling so we understand how transit, parking and pedestrians all mesh together in the network so that is my milestone highlight for where we are. the document is available on our website and oeb .org and pier 32 website and diane has hosted the waterfront assessment on hers. it's a much longer document than the amount of time i spent with you today but i am sure you like to know it's there. it's the beginning of a conversation. you will hear and see me throughout the summer. >> thank you.