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tv   [untitled]    April 14, 2011 9:00am-9:30am PDT

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the closer it is to you, the more likely it is you will be able to make that call. there is nothing more frustrating to a public safety is better than wireless phone call. they are afraid the call will drop. the typically do not get your number or where you are calling from. the cannot provide you help. it is very frustrating. there are tons of sites that are going up. the power levels are so low because radios keep getting smaller. the amount of power coming out of them keeps getting less and less. the planning department did an excellent job of explaining the volume of how much emf comes out of those things. from the public safety side, more and more people are using 911 on cell phones and not land lines. that is just the way things are going. think about that when you get all of these applications.
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somebody handed this to me to give to the board, so here it is. [applause] president chiu: i think he spoke on the other side on this. and unfortunately the rules are we can only allow you to speak once. but i think now everyone knows you have changed your mind on this, so thank you. thank you very much. [applause] next speaker, please. >> my name is rebecca shapiro. i think we have already submitted a letter stating we are in support of the t-mobile tower and we do oppose the appeal that has come before the board of supervisors. i will just read briefly from
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the letter. north beach neighbors supports approving the installations of micro cell antennas at these locations. we believe they will provide a necessary improvement on cellular service in the neighborhood and that the country has minimize any negative impact. it is our understanding that the proposed installation means necessary safety standards. t-mobile has worked to make sure the antennas will not normally be visible from the street. i wanted to come here this evening and the state the position of the north beach neighbors and separate from that, i will state that i do own and manage my own business in north beach. i also live here in san francisco. i actually still do have a land line. i do not actually know the number to it even though i have been there for five years. and never give up the number. but i have to call out on that
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number when i am at home. otherwise, on my cell phone, it drops immediately, randomly at any time. and i find it very embarrassing that in san francisco, the backyard of silicon valley, we are still coming across these challenges. we should be at the forefront of technology and should not have problems with having our cell phones drop on a regular basis. thank you. president chiu: thank you. next speaker. >> my name is jose ricardo. i have a collection of 500 letters from various organizations, from the san francisco mission business improvement association, the after sunset merchant association, and north beach neighbors.
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that is from local residents and merchants. >> i just want to say one thing. president chiu: i am sorry, but you have already spoken. thank you very much. thank you. are there any other members of the public that wish to speak on behalf of t-mobile? seeing none, let us hear from the appellants for orbital. -- for rebuttal. >> this morning, david chiu, your office for did me an e-mail from hammond and edison. i have a rebuttal for that e- mail that arrived at david
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chiu's office. i want to point out that the letter is contradictory. they make a blanket assertion that there are no rf levels in excess of the public exposure limit in san francisco but it knowledge that they are exceeded in a certain perimeter of each in tennis facility. the testimony asserts that no member of the public could ever access an area within the perimeter that would result in exposures above this limit, but this is false in many situations where members of the public have access to roofs, where antennas are located, which is the case at 1653 grant. they can go on the roof and party anytime they like. the way such situations is typically dealt with is by installing signs that warn of rf levels in excess of limits. but installing a sign that
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limits might be exceeded is not the same as asserting they are not exceeded anywhere in san francisco. i also want to point out that hammond and edison has in the past given testimony that is not credible. consider the documents i am submitting, which detailed an instance when they measured cumulative rf levels above fcc levels at lookout mountain colorado. but then the testimony -- and they testified to the local government debt delimits did not exceed fcc levles. -- levels. >> we are a small group of local north beach residents who live within 25 to 50 feet of the
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proposed antenna. we do not have the funds to hire a lawyer. we do not have the funds to hire a professional. but our concern is very real. i just wanted to remind you that ceqa says the environmental document that is approved is appealable to an elected body. we respectfully submit that in this individual site in a residential area, it cannot be valley waited alone, and therefore is not exempt from ceqa. we are not necessarily saying that it requires the i r -- eir. but evidence indicates there are 550 reported in tennis by the cellular industry, 308 proposed on their plan, and additional antennas not on their plan, according to -- president chiu: thank you.
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that concludes the appellative for a bottle. that includes oral argument on items 17 through 19. first of all, i have quick questions for staff. the first is to ms. rogers from the planning staff. there was a question around why it was that this is a dis- favored site but the appellate did not have to prove this is essential. i understand we have an answer for that. could you explain that? >> as you have described, this is a micro cell site. it is small enough to meet that criteria. as such, it is not required to go to a hearing before the planning commission. it is small enough to be considered excess reuse. the commission is not required to make any findings for the
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sight or hearing about for either the smaller accessory use incidents or places where a larger antennas are permitted as a right. only wireless antennas require a conditional use for macro cell sites in residential districts. president chiu: the planning department could decide to change its guidelines, right? >> yes. the procedures we have in place are procedures that are not legislated and could be changed. president chiu: thank you. one final question to the city attorney's office. we had a discussion around the federal telecommunications act. i would like your opinion on the impact. if we were to uphold the appeal, it is it your opinion that we would be open to a lawsuit? how clear is lot in this area?
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>> the pre-emption question is quite clear with regard to the city's ability to deny the project based on its radio frequency emissions. if that were the sole basis for the board to overturn the appeal -- overturning planning department determination and uphold the appeal, i think we would be quite vulnerable. president chiu: thank you. colleagues and ladies and gentlemen, thank you for your patience in listening to this hearing as we grapple with this difficult issue. i want to also thank the neighbors in the northeast neighborhoods i represent for your patience and all the work you have done. i know there are a lot of neighbors on both sides of this. every single one of relies on a cell phone. we are often frustrated by
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coverage but understand the concerns of neighbors who worry about environmental effects. we are trying to grapple with how we balance those needs. i think the fact that the 1966 tillich commission caissons act -- telecommunications act, although it was passed a long time ago -- it is the law. rarely does the city attorney of pine as clearly as she just did today -- does the city attorney opinie as clearly -- opine as clearly as she did today that we do not have the authority, given federal law here. i would ask that we affirm the cadex which is item 17, and table items 18 and 19. that being said, this is an issue we have to tackle. we will have subsequent
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conversations about this with the planning department. the do think our city needs a master plan. we need to move forward with that. we need to set up a master plan. we need to figure out where and how frequently we should be siting these around the city. i would like the planning department to give us guidance. consider requiring these micro sites to meet the same standards as the macro sites as far as being able to prove they are the essential when it comes to where they go in the neighborhood. i want the planning department to move forward on that, if that is possible. these are separate requests i am making to the planning department. i would like to make a motion to
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a firm. -- to a firm. supervisor campos: the hearing has been held and closed. now we have a motion to approve item 17 and table items 18 and 19. can we have a roll call? supervisor farrell: aye. supervisor kim: aye. supervisor mar: no. supervisor mirkarimi: no. supervisor weiner: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. >> there are 9 ayes and 2 nos. president chiu: the categorical
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exemption is affirmed. if we could call item 20. >> item 20 was considered by the land use committee at a regular meeting on monday, april 11, 2011. it is a resolution opposing the golden gate national recreation area's propose alternatives for dog management. supervisor weiner: thank you. yesterday, we had a hearing on this issue, the proposal to restrict off-leash access. it was a very productive hearing. we had a ton of people come out from the public to testify, a lot of people who had never been to city hall before. i also want to acknowledge gg
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came out as well. we had good feedback from animal control as well. in addition, since we called for this hearing and introduced -- took up this resolution, there has been more interaction between the city and ggnra, including meetings with city departments. i am pleased with that. i have very serious concerns about this plan in terms of the impact it will have on dogs and their owners in san francisco, as well as the impact on our city parks. for that reason, i cannot support what ggnra is doing, and they need to go back to the drawing board and come up with a different plan. the mayor is requesting we continue this for two weeks. he would like the opportunity to
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engage directly with ggnra on this issue to see if there is any way to make that a productive process. i want to respect that. in addition, having the mayor communicate directly, in my view, can be a powerful thing. at the mayor's request, and in the hopes of moving the ball here, i am going to move that we continue this for two weeks. i want to say one thing. it is very consistent for this board to come out against the ggnra plan, but for the city to continue to talk to and negotiate with ggnra to move us in the right direction. i do not know if this will impact the final result, but i want to give the mayor the space he needs to have this conversation. that is my motion.
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president chiu: that is seconded by supervisor avalos. >> two weeks is april 26. president chiu: without objection, this item will be continued to that date. we now go to roll call. supervisor kim: sumit. -- submit. supervisor weiner: i have one thing. it is a good thing. as my colleagues will remember, we had a little bit of a disagreement about the metropolitan transportation commission appointment. i am happy to announce that we have a resolution to that controversy. it is a resolution that i believe will result in supervisor capmos and i serving on the mtc together.
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the mayor has appointed me to that seat and so i know it will be coming up at the rules committee soon and supervisor campos has my full support for appointment by the board. i think the mayor for reaching out to the board to resolve what was proving to be an impasse. i think it speaks volumes to the mayor's leadership and desire to work productively with the board. i just wanted to announce that. president chiu: in reaction to what supervisor weiner just said, i am glad we were able to avoid that potential dogfight. i look forward to our commissioners representing us. i know their leadership will be greatly appreciated in the coming years. i do have one in memoriam, for a
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16-year-old sophomore from thurgood marshall high school. he was brutally taken away from his family. he was someone who was much loved by his friends and by his teachers. today, students at thurgood marshall high school are signing an 8 foot banner memorializing him. the banner reads, "rest in peace. we will miss you." there are not many details about this case, which is under investigation. the debt has been ruled a homicide. supervisor campos: let me begin by thanking supervisor weiner for his comments about the mpc, and reiterating his comments about merely -- about major -- about mayor lee and his role in
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finding a resolution that makes sure the entire city and county of san francisco is properly represented. again, thank you to the mayor for his role in continuing to promote dialogue and cooperation here at city hall. i have an item that i am introducing which is a hearing to review and discuss the comprehensive report on family violence in san francisco. this report is the second annual report released by the family violence council, which is a multi-agency advisory body that addresses the interconnections between child abuse, domestic violence, and elder abuse. this is something we think needs to be discussed at an open hearing. lastly, i want to take an opportunity to thank the members of the fire department.
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we have a fire, unfortunately, in my district a few days back. it was a fire that happened in the evening, late in the afternoon, under very when the conflict -- windy conditions. the fire department and their personnel were very proud to respond. they were able to contain the fire under very difficult circumstances. our hearts go out to the residents who were displaced. about 60 individuals were displaced by the fire. i am very proud to note that the entire community in my district, in the burn all heights -- the bernal heights-mission area came together to help those who were displaced. i want to thank the
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firefighters, beginning with the chief. those of you who have been able to see the chief in action -- you can see why she is in the position she is in. she has a unique ability to interact with the public. her presence was really appreciated. i especially want to think one of the firefighters who unfortunately was injured, although from what we understand he is recovering. that is stanley lee. our thanks to him and his entire family, and to all the firefighters who risked their lives to save lives in san francisco. supervisor avalos: colleagues, today i am introducing legislation enabling this year's small business week sidewalk sale. this year, the small business week will be held from may 14 to
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may 21. a key event is the sidewalk sale. this legislation seeks a waiver so that we can encourage stores to participate and bring entire corridors together. this is the seventh year of sidewalk sales. each year, there is strong participation with many of our merchant organizations across the city. these sidewalk sales help drive attention to our commercial corridors and bring much-needed revenue to our small businesses. but his pitting areas include the -- current areas include bernal heights, north beach, marina, castro, valencia, and ocean avenue, where we are
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collaborating to combine it with our annual art walk. the city is also partnering with sf-made to get items in local stores on consignment. this is an opportunity to promote local products and local businesses. i hope i will have all your support and am sure i will. supervisor mirkarimi: this is an in memoriam. willieam loenberg died peacefully in his home at age 84. he was born on august 14, 1926, in germany. he was an observant jew who lost most of his family in the holocaust. after surviving seven concentration camps, he was liberated in dacko in 1945 and
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emigrated to the u.s. -- in dachau in 1945 and emigrated to the u.s. he served in the korean war. he has two children, david and susan. his love and family -- his love for family and community work shown. he was a leader in the jewish community in the u.s. and san francisco. he was appointed to the u.s. holocaust memorial consulting service and helped oversee the building of the holocaust memorial in washington, d.c. he was president of the san francisco jewish community federation. he was very proud of the san francisco community and gave back on the board of the san francisco opera, the commission of agency -- the commission on
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aging, and the university. people were asked to send donations to the holocaust center and the jewish family children services of san francisco. up next, i am submitting a resolution in support of a resolution introduced by state assemblywoman nancy skinner. it would remove a major barrier to a successful reentry for incarcerated individuals. it would increase the opportunity and public safety by insuring more people are able to drive. it would allow people who have only non-felony vehicle code violations to drive after being
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released to county jails. the realignment is likely to redistribute tens of thousands of inmates from state to county jails throughout california. this law would create uniformity in the rules for formerly incarcerated individuals. we strongly support this bill and it is requested that the board of supervisors support an advocate for the passage of such a bill. this thursday is the wonderful art walked in -- art walk in divisadero. thousands of people come out for it. it is very fun. come and check it out. it is thursday from 6 to 9. it is nice to see some any other art walks proliferating throughout the city. supervisor mar: an important day is coming up this coming
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saturday. we have with us here today susan terence from california schools. thank you for staying so long to do this. i do not know if you love poetry like i do, but from reading allen ginsberg, rumi, langston hughes -- i love reading it to my kids into schools. the san francisco state poetry center, founded 46 years ago, a as an important project throughout the country. i want to acknowledge this important date is coming up. i think ms. -- i thank ms. terrence for being here so long. >> that concludes roll call. president chiu: why don't we go
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to general public comment? >> the public may address the board for two minutes on item one, the mayoral appearance before the board, and other matters before the subject jurisdiction of the board, including the adoption without committee reference calendar, and excluding items which have been before a board committee. speakers using translation will be allowed twice the amount of time to testify. if you would like a document to be displayed on the overhead projector, please state such. remove the document, and the screen will return to live coverage of the meeting. >> [unintelligible]