are -- [reading names] this is the protest of the mobile food facility permit. president goh, i believe the permit holders agent would like to address the board. >> thank you. on behalf of the permit holder of these locations, i have been speaking with the appellants and would like to ask that this

board, without a public hearing, save us the time and difficulty of that, to proceed to disapprove hora pulled this permit, disapproving the two locations at beal and california street and to uphold the other locations of the permit. commissioner garcia: mi ssission and washington? >> i have spoken to the appellants and they agree with that. >> should we ask for the appellants to address the board as well? we'll do that, starting with the appellant.

this is in specific reference to the proposal, 97 minutes of testimony. -- not the 7 minutes of testimony. >> and karen smith, i understand the question is if i would like the permit application to remove or withdraw the location at high street -- at california street. they are withdrawing those locations. >> are you in support of the proposal that the permit be

upheld with those two locations being stricken? gosh yes. >> and the other addresses will go forward. nearly 2600 mission -- there is no appeal there. the only appeals are for these two addresses. >> is one permit, the entire permanent was appealed. >> of the way the ordinance was written, one permit can be -- one applicant can file for a permanent has multiple address locations. in this case, there are two addresses under this one permit that is being withdrawn and i agree with that. >> of the appellant for a p.o. #11-114.

would you step forward? speaking to the microphone. >> my name is john glenn robinson, and i agree to drop this location. i am for that. >> i agree to drop these locations. but just to be clear, the 535 washington street location is also out in the financial district. how is that also on the docket? >> yes. >> by train to take off the to, we are allowing him to have a permit at 535 washington? >> correct. >> i don't agree with anything in the financial district.

commissioner garcia: then we will have to hear the case. what do we do have about the fact that there is no appeal, there is no papers with the address? >> is available for the board as far as testimony arguments and the permit itself. if anyone wants to raise it as part of their testimony, they can do so. >> when he is through conferring with his client, is it safe to assume that you have a valid bathroom permit for this location? for all these locations that are still under consideration? arguments are going to go to washington and division. >> the other three locations that we have are all approved,

they have a bathroom permits. the washington street received neither any contestations during the initial public hearing nor any appeals. it is outside the jurisdiction of bestsellers application to appeal as the property owner because under washington is far outside of that. in terms of notification, excuse me, it is far exceeding the 300 feet notification. >> i think we should proceed the hearing, i don't think we need to hear from the other appellants unless you care to. >> i don't think there is any reason to. it seems likely to proceed to have a full hearing because one of the appellants who is

objecting to the proposal submitted by the permit holder. >> to and accept the proposal as to the location of 101 california st., we are prepared to accept that and not so this room with any more rhetoric. >> we can address in just the one appellants concerns in here one of the appeals, but it is one permit with multiple appeals of the board can only act once. >> if we agree to his proposal, can i send my people home? >> that is your call, because what the board will do if they have a hearing will affect the permit for everyone.

>> if we are just going to hear the concerns of the appellant that is not willing to agree, i should probably hear from the appellant for a 11-117. to see if you are in agreement or not with the proposals. >> i don't quite follow that, because it is moot. they are all connected, it is one appeal and all of these addresses are connected. whether any individual appellant agrees with the proposal to settle, we have to hear this case. >> and was stipulated by this gentleman that they don't have a dog in the fight anymore, when they are called, they just say no comment. it just gets down to the issue

of washington and the mission and we will hear from whoever has objection to washington. >> we are in agreement with the proposal that has been stipulated that the 101 california st. location and the deal st. location will be withdrawn and there'll be no applications for those, then the remaining locations are ok. >> there are five locations. i think we are having a hearing. >> my suggestion would be, as the vice-president mentioned, we will call the appellants from

all of these appeals and they may choose not to testify given the stipulation. >> the thing that is right, but the permit holder might not feel like withdrawing 101 california at 25 via live we are going to have a whole hearing. >> with some frustration, i would say that we would not. it would require us to either go through the public hearing --

and i suggest we continue the matter for us to present those forms and we proceed to seek our permits if that is what the appellants would prefer to see happening. president goh: i tend to agree that if we need to continue. commissioner garcia: we might have a change of heart. >> i feel at this time, that you know, we are obviously upset about the other two locations that are right in front of us within 100 feet. i am glad he is pulling it and he doesn't have a bathroom at this point.

if we go ahead with this other location, it is one of the locations we were looking at for expansion. i don't know what to do at this point. i don't want it to affect my current business or future business. president goh: when an appellant has concerns, it is important to have a hearing. >> and the first question, do they even have bathrooms? commissioner garcia: you are not able to address them, you addressed the board. president goh: let us have a conversation about what to do about the bathroom certificates.

>> commissioners, it seems another continuance might be in order. commissioner garciafung: it's nn order if the permit holder submits he will waive on that particular item. >> the certificate that he has a restroom. commissioner garcia: i am not sure where you're trying to go, but we should not have to hear testimony unless miss paul would continue to pursue 101 california and beal. i don't see the value of that. also, if this individual, forgive me for not knowing your name, deborah sellers -- miss

sellers, if she was not properly mpynoticed, then i think we shod go ahead and i think you should be asking for a continuance. you might not have -- >> if i may, there is a bit of the clarification issue. anti-washington location, she was not within the 300 foot radius for notification. it is 1 per met with several addresses and the permit is in front of us. we have jurisdiction and we may intend to keep jurisdiction. it is causing me to think that we should keep jurisdiction, commissioners. commissioner garcia: i agree

with that, i am just wondering if we are better serving everyone involved if we were to continue the matter totally. i don't really know how i feel. >> we could certainly do it and the best case, we would end up where we were in the last case to have in front of us, the health department and restroom facilities certification query -- and certification. for a couple of weeks, it will perhaps agree on carving up california -- out california. president goh: i don't know, but it's an idea. >> and the appellants that are only concerned about those locations would be free to withdraw their appeals.

commissioner fung: commissioners, we have a process and we have an appeal. a one issue that i was trying to give -- and to get at, all of the forms are submitted. it is not fair to provide an indication of where the board is going to go with this. >> if, in fact, i am pressured

to make a decision -- being withdrawn by these folks and it is not being withdrawn, -- are they going to withdraw 101? >> we won't know until we had a hearing. where my existing business is today, versus a future. >> of the settlement was offered and is -- i will agree to the

withdrawal because i can't risk my current business. i feel pressured to do it. >> shall we give them five minutes? why don't we take a break for 5 minutes and let them -- we're going to adjourn for five president goh: welcome to the december 14, 2011, meeting of the board of appeals in. the presiding officer this evening is president goh. joining her is vice president garcia and commissioner fung. commissioner peterson has resigned for the board and

commissioner hwang is absent for the evening. when a vacancy exists on the board, the board may overrule the action of the department by a vote of three members. four votes are not required to overrule a departmental action in. that is why we are able to meet with only three members present. if the absence commissioners vote could make a difference, the board will allow the absent commissioner to participate in the vote. we are also joined by deputy city attorney francesca who will provide the board with any needed legal advice. at the controls is the victor. and i am sylvia gold steam. we are joined our representatives who have matters before the board. jarvis murray is here representing the division of taxis. john fong is here representing

the department of mapping. and anthony greco is representing the department of building inspection. at this time, could you please go over the meeting guidelines. >> the board request that you turn off all phones and pagers so they will not disturb the proceedings. please carry on conversations in the hallway. the presentations are as follows -- appellants, permit holders, and the department representatives have seven minutes and three minutes for rebuttal. people affiliated with these parties must include these comments within the seven or three-minute periods. members are not affiliated with the parties have up to three minutes to address the board with no rebuttals. to assist the board and the accurate preparation of minutes, members of the public who wish to speak on an item are asked, but not required, to submit a speaker card when you come up to

speak at the podium. cards and hence are available on the left side of the podium. the board also welcomes your discussion and there are customer satisfaction survey is available. if you have questions regarding the board schedules, please speak to staff after the meeting or call the office tomorrow morning. he office is looking at 1615 mission st. room 304. this meeting is broadcast live on san francisco government television, cable channel 78, and dvd's of this meeting are available for purchase. thank you for your attention. at this point, we will conduct our swearing in process. if you intend to testify at any of tonight's hearings and wish to have the board give your testimony evidenciary wait, please stand, raise your right

hand, and say i do after you have been sworn in. any member of the public may speak without taking this both pursuant to their rights under the sunshine ordinance of the administrative code. thank you. do you solemnly swear and affirm that the testimony you are about to give will be the whole truth and nothing but the truth? thank you. >> 90. president goh and commissioners, we have a one housekeeping item. this is related to appeal no. 5. this matter has been withdrawn and will not be heard this evening. we can move into public comment. is there any member of the public who would like to speak to an item that is not on tonight's calendar? please step forward. >> good evening. ken cleveland and i work for

the building owners and managers association. i am not speaking on any particular item tonight. i want to give a little context to what is called the mobile food facilities ordinance. >> i think that is a subject matter that is being taken up this evening. >> but it is not relevant to any particular appeal tonight. >> when this was good to the other one year ago -- >> i think it makes sense for you to speak during the hearing of the case. hold off and we will hear you then. >> ok. >> i just want to say happy holidays and ♪ and goodlatte board of appeals and all of your city deals in a city -- in a city made of steel,

the board of appeals is made of stone. make that happen in your home make it fast make it last make a good deal you can have it all her and in your city life, make it happen, make your appeals happen make it happen you will make it all your life. what a city feeling keep appealin' make it real and make it happen what a city feeling and good luck appealing ♪ thanks. >> thank you. is there any other member of the public who like to speak?

seeing none, we will move to item two, commissioner comments and questions. >> i do not want to make a big speech. actually, i do. i appreciated serving with commissioner tonya peterson and we will miss her intelligence and kindness and thoughtfulness. she really cared about the law and let the law guide her decision making. i was fortunate enough to work with her on rewriting the rules last year. and serve as vice president when she was president along with director gold seen -- goldstein and the deputy city attorney, we rewrote the rules together and it was a great experience for me. we were successful in our attempts to make them more fair

and protect the due process. i just want to say commissioner peterson will be sorely missed. vice president garcia: i would agree. i will not make a big speech about it because i hope someday she will come back. so that we can properly honor her. anyone who is watching the meetings is properly familiar with the skills she had up here. she could analyze issues that were relatively complex and could concisely state what her points of view were about that. all that is self-evident to what i would want to talk about. i was always impressed that she would come here after a long day at the zoo. she has two children, running a household, taking care of that. she would have to deal with going back and forth across the

bridge and a couple of days every week. she would always show up here totally cheerful and upbeat. it was pretty remarkable. anyone who has not gotten to know her, if you have an opportunity to, you would consider it to be a pleasure. i will definitely miss commissioner peterson. >> i will wait to say it to her personally. >> are there any public comments on the commissioner comments? seeing none, we move to item 3, the adoption of minutes. for your consideration are the discussion and adoption of the minutes for the meeting on december 7, 2011. >> i wanted to add that under item number two, i was speaking about a particular rule, 5.5, and i wanted to add that.

>> ok. is there any public comment on the rules? -- on the minutes, i am sorry? seeing none, is there a motion. >> so moved. >> if you could call the roll, please? commissioner fung: aye. vice president garcia: aye. >> the minutes are adopted. >> i will call item no. 4, appeal number 07-209, gary martinovsky versus the taxi commission, appealing the removal on august 30, 2007 of the appellants name from the public convenience and necessity medallion waiting

list. this was on the board called the chair calendar for the past four years awaiting the outcome of a lawsuit filed against the city in which subject matter was being considered. that litigation is now over and when contacted, the appellant indicated that he wanted to have this matter heard. an october hearing that was elected but after mr. martinovsky failed to submit a brief, the matter was rescheduled to this date. mr. martinovsky indicated he was unhappy with the hearing date but refused to suggest an alternative. during a telephone conversation late last week, he indicated he did not attend to appear today. i am assuming he is not here. with that, i would recommend that we call the department representative to give him an opportunity to speak. president goh: agreed.