>> welcome back to the december 14 meeting, i am ready to call item 7a- 7d. through 7d. the appellants 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 in this case, there are two addresses under this one permit that is being withdrawn and i agree with that.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

director: this is the board of appeals meeting. are you up to addressing that issue? >> yes, i just want to say two things. the first and i want to say is that i am giving up future locations in the city of san francisco because of this, and i think the city is going to work because of that. i get it, but i have to protect my business today, so i just feel i am put in the middle to make, and it is not really a fair process would have all of this is working now, fell at this point in time, i guess we

would just have to look outside the city for sure for until this gets worked out. these are the kinds of things that are going on. it is really not helping my business, that is for sure, so even though i am agreed to settle, i am not satisfied with that whatsoever for my future. it certainly will protect my career locations, and i just really do not think this whole process that one permit stress everything in here we are, i just do not know. i just think this whole process needs to be really, really evaluate it. the legislation needs to be taken a look at carefully. president goh: and your bottom line is that you are accepting the settlement proposal? >> yes. president goh: thank you.

commissioner rcgarcia: i know it is of no relief, but maybe you'd be interested in trying to amass some data that would shed greater light on the impact on brick and mortar operations. in a way, it is one to be interesting. -- going to be interesting. i would take issue that there is something wrong with our process. there are five attached to one permit. that is not unusual. it is not usually cumbersome. it is because we have all of these other things to nine associated with these other locations, it the other hearings, it made it cumbersome, but you are not barred for continuing this and having your day in court. it is not this board that a

short circuit in europe due process by any means. -- that is short circuit in -- circuiting your due process by any means. president goh: did he do something? >> perhaps we should let him. but with the tenants we are representing, we accept the settlement -- >> with the tenants we are representing, we accept the settlement, and we will withdraw our people. director: and that is with respect to the appeal of 11-117. i think that the permit holder was looking for the board to actinide and uphold the permit on condition that those two locations are stricken. is that correct?

>> if it is possible to do that what went wrong, -- with the withdrawal, i think that would be better for us working with dpw. director: it is suspended. if you wanted to do that, the board could continue the case to allow them to withdraw their appeals, and in the permit to be modified by dpw, but only when the appeals court lifted. >> just for clarification, it would need to come back to the board? no, it would not proved director: -- it would not? director: no, it would not.

>> we can sufficiently do that with the other parties. commissioner garcia: i am confused as to what you think that is a better process them what was first described by art director. >> with our fees and our potentiality for other locations throughout the city i'm sure that light could be shined on in the future. i do not know if we need to take the time to make sure that is a benefit or not. i just want to get this thing solved so it does not take more of the board's time. commissioner garcia: you could walk out here tonight, so i am confused. >> if that is the case, i am happy with that, sir.

director: does the board wished to hear from the department? i do not know if that is necessary, but i just wanted to -- president goh: are they part of a settlement or not? i guess not. >> commissioners, the department does not have a specific position in this case. you a couple of the decision and require us -- you uphold the decision and require us, there would be a prenotification requirements, which is what is mr. paul is concerned about specifically. commissioner garcia: and i think it is our content to strike the two. director: public comment, is

there anyone in the public wishes to speak on this item? ok, directors, it is yours. president goh: ok, we need a motion, pursuant to the agreements made by the parties. commissioner peterson: a stipulation. president goh: does somebody want to make a motion? commissioner garcia: you just made a motion. president goh: i did not. secretary pacheco: on that motion, [reading roll]

thank you. the vote is 3-0. the permit is upheld with those two locations struck and on that basis. thank you. director: thank you. president goh, there is no further business this evening. president goh: we are adjourned. >> good evening, ladies and gentlemen. i am the secretary to the police commission. on behalf of the commission, i would like to welcome everyone to the san francisco police department's 2011 medal of valor ceremony. please stand for the pledge of allegiance. i pledge allegiance to the

flag of the united states of america into the republic for which it stands, one nation under god, indivisible, with liberty and justice for all. thank you. please be seated. mayor lee was scheduled to attend but was not able to make it. he sent his congratulations to our medal of valor recipients. we're joined by the police commissioners and the commission president, vice-president, commissioners. also on the stage this evening we have the chief of police gregory surh. we have the deputy chief of special operations and the deputy chief of the operations bureau. we have the deputy chief from the airport bureau.

we have commander in the operations bureau, the commander from the sfmta, the commander in chief of staff, and the commander from the operations bureau. this evening we are going to start with a few words from the chief of police gregory suhr. >> good evening. i want to thank everybody for being here. we are a very proud police department, rich in tradition. this week, we had a promotion ceremony on monday where we promoted sergeants, lieutenants, captains, and members of the command staff.