Transcripts For SFGTV Small Business Commission 20240712 : v

SFGTV Small Business Commission July 12, 2024

Given the extraordinary pressures on our Fire Department at the moment i couldnt justify pressuring the fire marshal to respond [indiscernible]. Okay. I will continue. Over the past few weeks, so im making a motion to continue the appeal once again to september 15. Both sponsor and the appellants are aware of the continuance. Okay, thank you. So is there a second for this continuance . Second, supervisor preston. Okay, seconded by supervisor preston. Madam clark, before we take that motion, lets take Public Comments on the continuance itself. Okay. Are there any members of the public who wish to speak on the anticipated continuance . Operations, do we have a caller on the line . Operator [indiscernible]. Great, welcome, caller. Weefr taking Public Comment on the continuance of items four through seven. This is appeal of revised final mitigation declaration proposed for the fulsome street project. Are you with us, caller . If you are interested in speaking, please just express star 3 and that moves you into listening mode, if you havent already. Welcome, caller. All right, while operations is queuing up the next caller, the meeting identifier number is 1463408583, press pound twice and if you are interested in speaking on the continuance of items 4 through 7, press star 3 now. Okay, we understand that the caller has been unmuted but youre not speaking. So if youre listening to your television, turn that down and listen to the phone. Its your turn to speak. Welcome, caller. Hello. Can you hear me . Yes, we can. Welcome. Okay, thank you. My name is madelyn mcmillan. I live in district two, and supervisor stefani, i am a member of ver taciturner association as well as the seiu union member. I am calling in support of supervisor prestons resolution regarding right to organize for tenant. I have three comments hello . Is this the correct item . Im pausing the speakers time. Im sorry, mr. President , i did not catch the topic. To the caller, just to it was the subject of my role call and is appropriately, i would suggest, madam clerk, mr. President , before the board. Okay. Supervisor peskin, i would agree with you if we were in general Public Comment, but because we [indiscernible]. [indiscernible] continuaceance, youre totally right. And to the caller on the line, i apologize. Hopefully you can hear me. Were hoping that you press star three to go back into line, and when we call Public Comment, that would be the perfect opportunity for you to share your comments with us. We are taking calls right now on the continuance for the appeal of the revised mitigated continuation for fulsome project. The board is continuing those items. So i will hopefully get your acquiescence and youll press star 3 and go back into line and well hear from you during general Public Comment. Okay. So operations . Is there another caller, please . Operator yes. Okay. Hello, caller. Are you with us . Yes, can you hear me . Yes, we can. All right. Normally i would say you are wasting time, but with this, you know what, i respect this continuance. I support it. I yield my time. Okay. Thank you for your comments. Operations, do we have another caller . Were taking Public Comment on the continuance for items 4 through 7. Welcome, caller. Hello. Hi, there. Welcome. Hello. Can you hear me . Yes, we can. Hello. My name is herb feltenfelled. My wife and i have lived at 3574 fulsome street for almost 40 years. We are 25 feet away from the proposed project, and if approved without a full and complete eir, it has the potential to damage our own and our neighbors life and home. The plan does not provide any relevant and Important Information about pipeline 109. In other words, when was it built . What was it made out of . Was it welded together from smaller pieces, like the failed san bruno pipeline . What is its average and maximum allowable operating pressure . We would like to see the operational and maintenance history of this line. Has there ever been any detected leaks on this pipeline . When was it internally inspected and how was that inspection carried out . The pipeline report, the emergency evacuation plan was similarly incomplete. I respect the continuance, and after careful review of whats been proposed for this plan, im sure we will be offering more information to the board on september 15. So far were, frankly, terrified by whats been proposed for these two large houses. They are simply too there are simply too many unanswered questions, and we hope that the rfmd will be denied. Our questions, concerns and issues will only be satisfied by a full and complete eir. Thank you, president ye and thank you honourable members of the board for taking these concerns seriously. We look forward to your decision. Thank you to the caller for your comments. Operations, i believe we have one other caller. Hello, caller. Were taking a Public Comment on the continuance of item 4 through 7 to september 15. Is this me . Yes, it is. Hello. Oh, good. My name is kathy idis. I live on bank street and i want to say that on behalf of the organization i would like to express appreciation to the supervisor for seeking more information from pg and e and to thank the Planning Department for getting first batch of the documents to us quickly. We look forward to receiving the rest that they said would be coming as soon as they get them so we can have a look. This is a highrisk project with potentially dangerous and lifethreatening consequences, so the relevant data really does need to be analyzed to make sure we have safe neighborhoods, so thank you, supervisor, and we look forward to seeing what happens. Thats all. Thank you for your comments. Operations, is there another caller . Operator madam clerk, that completes the queue. Great. Thank you. Mr. President . Okay. Then i will close Public Comment on this item on the continuance. So we have a motion thats seconded to continue these items to the september 15, 2020, Board Meeting. So madam clerk, go ahead and call the role. Okay, on the motion to continue items 4 through 7 to september 15. [role call]. There are 11ayes. They are continued to the meeting on september 15, 2020. Next go to the next and please call items 8 through 11. Items 8 through 11, comprise the public hearing and motions for persons interested in the determination of statutory exemption from Environmental Review under the California Environmental quality act by the Planning Department on april 21, 2020, for the proposed municipal transportation agencies those streets phase one project. Item 9 is the motion to affirm the departments determination that the proposed mta slow streets phase one project is statutorily exempt from Environmental Review. Item 10 is the motion to conditionally reverse that determination, and item 11 is the motion to direct the preparation findings. Okay, colleagues, we have before us the proposed Municipal Transportation Agencys phase one of slow streets project. This is related to the planning of departments determination of statutory exemption and the Environmental Review under the California Environmental quality act. After the hearing, the board will vote on whether to affirm or reverse the exemption from Environmental Review. We will hear objections and proceed as follows. Up to ten minutes for a brief presentation by the appellant or the representative. Two minutes per speaker in support of the appeal, up to ten minutes for presentation from the city departments. Up to ten minutes for the project sponsor or their representative. And then two minutes per speaker in opposition to the approval and in support of the project. Finally, up to three minutes for a rebuttal by the appellant or their representatives. Colleagues, are there any objections to proceeding this way . Okay. Seeing no objection, then the public hearing will proceed as indicated and is now open. Colleagues, did you have any opening remarks you would like to share . Okay, seeing no names on the roster from my colleagues, i will now ask the appellant to come forward and present their case. You have up to ten minutes. Is murray myles or a representative here . Mr. President , my staff are indicating to me that she may not be online with us. I would like to provide a little bit of information. On friday afternoon the appellant emailed to say she was not equipped to use Microsoft Teams platform. We offered ms. Myles callin instructions and looped in our ada coordinator in case there was a request for accommodations. By friday evening, the appellant provided us an email and a phone number, which we invited her with, but then indicated to us that she may call in from a completely Different Number than the number she gave us. She did not want us to publish her secondary number. Of course we wouldnt, but then we werent able to call her on a give her the invitation on another line. To our knowledge today, shes not picking up her phone. My staff have been trying to call her for the last 20 minutes, and they again, they do not see here in the invited list. I mean, she was invited, but she is not present in the remote meeting. Unless shes being disguised by another telephone number, so i would pause for a moment in case shes trying to utilize the system. Okay, lets pause for a second here. Okay. And what i can do, mr. President , is if at the last second she wants to provide the Public Comment line, i will provide the telephone number now, 4156550001. The meeting id number is 1463408583, press pound pound to listen and star three if youd like to speak. If she does come on, just in case she doesnt, i would like to ask the our deputy City Attorney ann pearson what is the recommendation . Should we continue this item because of technical difficulties . We dont know. We actually dont know if its technical difficulty or if she doesnt want to make any remarks. Deputy City Attorney ann pearson. Im aware that she was given the required notice of this hearing. Her own materials state as much, so shes been given the 14 days notice and has been in touch with the Clerks Office to arrange to be here today. So i think that whether you continue the item is a choice for the board to make, but she has been notified of this hearing and provided with the information to appear. And she has also submitted her paperwork that you have received in advance and can use can rely on in making your determination. Im not aware that shes expressed an inability to be here technologically because i believe the clerk has made it an option for her by providing her with a number of means of communicating. Supervisor peskin . Thank you, president yee, and thank you deputy City Attorney pearson. I was going to say the written record is before us, and i believe the party in interest is before us and members of the public on either side have the opportunity to comment. I for one have read the pleadings and would like to proceed with the hearing in the absence of verbal testimony given that the record clearly shows that notice was duly delivered pursuant to the law to the appellant. So at least one eleventh of this board, mr. President , would encourage that this hearing proceed. Okay, if theres any objection please express it. Otherwise we will continue this hearing. Mr. President , my staff have someone who has raised their hand in line. It is impossible for us to know if thats her, and we just request the opportunity to unmute her call. It would have to happen here with us to see if it is her in fact. Why dont you go ahead and do that. Okay, thank you. Operations, please make contact with the caller. Operator hello, caller. Can you identify yourself, please . Umm, im not sure im on. Can you hear me . Operator yes, we can hear you, ms. Myles. Yes, this is mary myles. I have been unable to access the number that was given by the Clerks Office. It is not working. First of all, we did request a continuance and we would appreciate it if the board does hear our views on continuance and whether they want to continue this hearing. That should be the first order of business, i believe. You have requested to continue . [indiscernible]. [indiscernible]. Approximately six days ago, and it is in the record, and wed like to have the board continue this hearing. We have stated our reasons. I can state them here now again, if you wish. I believe that go ahead so everybody here will know, and i will tell you what the inclusion is. Im sorry, should i speak to a continuance or not . I have determined that we will not continue this item, so go ahead, speak to i didnt hear any determination by the board to not continue the item. So i thats why i was confused. We have asked to continue it for several reasons. At least one would be that new developments have been raised by mta show that the project itself is not temporary, as they falsely stated, but is a permanent project to be funded with public money for physical barriers, permanent barriers to be constructed on each street. We submitted that as an update also to this board, and its a very important distinction that should be made between a permanent project and the temporary project that mta and planning have falsely claimed most streets to be. Secondly, we have not i represent [indiscernible] for adequate review, so when i use the term we i am talking about coalition. The appellant has not had adequate time to inform this board in a way that would brief them on both the factual and legal issues of slow streets, the reason being, again, the mta has made many changes, has implemented many phases and up to 50 street closures in San Francisco under this project. The latest one being phase three. We appealed it separately, and we believed it was being prudent for the board to hear all the phases of the project on a continued date. Thats because its more efficient and because it would allow for informed decisionmaking as to the scope of the project, which this board does not have now. We have not had the opportunity, with my client, appellant has not been able within the three days allowed to brief this project, and the issue before you is whether this project in all its scope is statutorily exempt under the emergency exemption. Its not whether somebody likes to walk in the middle of the street instead of on the sidewalk. Its about whether its an emergency exemption. So we think that the correct course and Public Interest would be to just continue this so that the board can assimilate all the information it needs and have an accurate project description in order to objectively make an informed decision on it. So for that reason i would ask the board to reconsider the idea, reconsider our request for a continuance. Thank you, ms. Myles. Thank you. So i had originally said that we would [indiscernible] i see this as one of several views, so the first im open to having any of my colleagues, if you would like to make a motion to continue, and have a second and we could vote on it. That would be fine with me too. So is there anybody, any of my colleagues that would like to make a motion . Supervisor peskin . Youre muted. My apologies, mr. President. No, i would not like to make a motion, but i would say that this appeal was filed, was duly noted, and i just checked the emails from the attorney for the appellant, and while theres certainly an email requesting a continuance and an email asserting new information, theres no email that attempts to reach out, at least to this supervisor, to brief the supervisor. But the written record is before us, and i said that earlier, which is i had read it and insofar as i dont think this warrants a continuance, but the appellant is welcome to bring new information into the record during the course of this hearing, has done so in writing prior to this hearing. So i think it is right for adjudication by this body, and im ready to do that fairly and without bias. Okay, thank you, supervisor peskin. So i dont see anybody wanting to make a motion to continue, so we will go ahead and proceed with this hearing. Ms. Myles, you have ten minutes to present. Well, i have to say that the Public Interest and the appellants are absolutely obstructed and hobbled in the Public Interest undermined by the boards refusal to continue this hearing as we requested. The board does not have accurate or complete information necessary for informed decisionmaking. We have been refused adequate times to submit a brief on this appeal that would fully inform the board that makes the decision. Mta has changed this project many times since this appeal was filed. Thats what a brief would inform this board of. Its now 44 to 50 streets, including both major corridors for transportation and neighborhood streets, streets that it may be for specific blocks as mta claimed, but many, many of them are miles long. Several miles in length. They are big streets. For this reason and because theres been no public process by mta in phase one, as they are subsequent phases, of course you do not have the complete information in front of you. Appeal only was filed to be timely in phase one. So you need to have a comprehensive view of the project and an accurate project description to be able to engage in informed decisionmaking. Further, the public also needs full information, accurate information. The lies we have been told by mta and planning that this is a temporary project, it is absolutely a permanent project as we have showed with the citys request for funding to construct their permanent barriers on slow streets and make the project permanent. In answer the finite project descriptions [indiscernible] informed decisionmaking, i dont want to repeat, but its just most important for preliminary consideration. You should have this to conduct a fair hearing and informed decisionmaking and to enable an informed participation by the public that hasnt been done. In fact and planning has both misled the public by stating the project is temporary, and that is clearly false. Getting on to the subject of this appeal has exerted an emergency exemption, an an emergency under

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