>> good afternoon and welcome to the rules committee, thursday november 15. i'm joined today by our newest member, and supervisor scott wiener. would like to acknowledge the staff of sf tv the record each meeting. are there any announcement? >> please put cell phones and electronic devices in silence. documents included as part of the file should be submitted to the clerk. acts acted upon will appear on

the december 4 supervisors agenda. >> motion 1, -- >> i do see mr. -- in the room. this is the same as we will host for all of our appointments. if you could come up and speak briefly. give us a few minutes about your background as it relates to this appointment position, and also what you may be interested in pursuing. some of your areas of interest the board of appeals is a little bit different. >> thank you supervisor kim. good afternoon. supervisor avalos. thank you for considering my nomination. it is a great honor to be nominated to the board of appeals by our mayor.

i have attended -- junior high, washington high school, san francisco city college and ending up at the academy of art university. as a child i remember how exciting it was to ride bart it was first completed and they a nickel to ride a bus. my son nicholas, 23, my daughter mia, 10, because of my professional background i am well-suited to serve the san francisco community and to help you seek consensus. as a board member i would hear every case with an open heart. during my 15 years as a small business owner in the sunset district i have always listened to clients, neighbors

and fellow business owners. with that knowledge i believe i have a better understanding after the responsibilities of business owners not only to their patrons but the neighborhood in the community. because of the many relationships are forged over those years in small business it was an easy transition to real estate. most of all i am most proud of the fact that after several hundred transactions of not been a party of any mediation, arbitration or litigation. i feel that because of a professional experience as a realtor for over 40 years i will bring a different perspective and add value to the board. i have an understanding of the perspective of the tenant, landlord, homeowner; i've heard many stories that the fence blew down in my yard,

the tree hangs over my house, nonconforming in-laws, notice of violations, abatements, etc. these are issues that i am familiar with and have ample experience in with. i have been the trusted advisor and the go to guy to most of my clients, friends and family. i worked diligently with parties that have differing opinions and objectives and strive to reach a common goal. i think that has always been my mission. i understand how intimidating this process can be especially if english is not your native language. i feel that board members have an obligation to try to level the playing field. not everyone that comes to the board has the means of resources to have representation on their side. i will also be aware that the

board of appeals is a quasi judicial body and the positions of the final review for san franciscans. my approach as a board member is to do my due diligence, work with my fellow commissioners, at the meetings and resolve complex. my interest in serving aboard a simple: i love the city, the culture, the diversity, the architecture. i feel by being on the board it would give me the official capacity and validate what i have been doing my whole life. i am excited and honored to serve san francisco in this capacity. thank you again for your consideration regarding my appointment. >> thank you mr. honda. any questions from colleagues?

>> thank you for your interest in service on the board of appeals. just a question related to your being a realtor in san francisco. your plans to become forward to the board of appeals on issues on variances, permits that they might want to seek or overturn. do you see any conflict of interest? >> i had initial conversations with the city attorney's office. i believe that transparency is the best bet. anything that i am working on will be given to the board of appeals office. that way we can avoid any potential conflict of interest. >> you see that those conflict of interest could arise from

time to time? >> in the 30 years of business, my ethical compasses been straightforward. if there is a conflict i will be definitely the first person to come forth and to set aside and not hear that case. >> thank you. this is a question for mr. -- our deputy city attorney for the board of supervisors. has there ever been any kind of -- has there ever been a real tor serving on the board of appeals in the past? >> deputy city attorney john gibner. there is no position on a realtor serving.

in response to questions you are asking to mr. honda, we will work with him if he is appointed to advise him when he is required to recuse himself. the general rule is, if someone is appearing before the board or is a party appearing before the board who has been a source of income to him, basically one of his clients, who is paid him 500 dollars or from home he has received 500 dollars in commission the last 12 months he is required to recuse himself. >> i could be anyone other whether a realtor or not. >> that's right. >> any other question? >> thank you mr. honda for being willing to serve. one of the dynamics we have seen around the board of appeals lately is because of the charter allows "any

person" even if that person does not live in the city, and regardless to the connection to anything can appeal to the board of appeals. that delays the project a few months. there was an appeal, one person appealed the project, it happened elsewhere as well. and without commenting on specific projects that could come before you, in terms of the general policy, i think there is a case for reform in terms of how appeals go to the board of appeals, making sure there is some level of community support for an appeal before it goes up, and allowing one person to

unilaterally delay a project by months. i wonder if you have any comments of any past or future appeals? >> thank you for the question. i believe the system should be streamlined at one point, and checks and balances be made. unfortunately that is a current policy of the the ministration. i work with the process that would be less intimidating for people to be involved with. >> more logistical questions. are you prepared to spend the time commitment that is required, they often engage in lengthy hearings for a number of reasons? >> prior to the nomination or after the nomination i look into what the time constraints were. i've spoken to other commissioners not only in this commission but another commission.

i am comfortable with the time involved. a lot of the issues that come before the borderland issues; that is really what i am most comfortable and familiar with. i'm comfortable with the timeframe. >> have you attended a meeting of the board of appeals? >> yes. >> my question is more on process. you talk about how the process can be intimidating, images a second language individuals not used to coming before the board can be intimidated. how do you plan to incorporate feedback into your decision process? >> if they are before the trying to present the case? is that a question? >> uh huh. >> first i have to finish is your primary language. i have been on the other side of it. sometimes people have a hard time to get the message across. as commissioners you have a good idea what they're trying to get accomplished.

you can't evidently speak regarding the case but you can help them regarding procedure and somewhat hold her hand little bit and ease that burden so that it is fair for both parties. >> thank you. that's all the questions from the rules committee. i this time will open up this for public comment, you have two minutes, item number one. please sign up. >> sue hester. two minutes? >> yes. >> the city attorney did not find a lot of law because this would be a violation of the charter before the charter was changed. when the charter was change in the seventies it prohibited anyone who represented the

client from being on a city body. attorneys, real estate persons, anyone whose offices of clients. it was part of the charter. i don't know why it was eliminated in the current charter but there have never been - and i am very familiar with the planning commission, the rec park commission, the board of appeals, there has never been anybody on any body that deals with permits who has clients or whose office has clients. brings up the concert of interest issues. i know it was an absolute prohibition in the old charter, it was a charter amendment highly contentious in the 70s. prevented a lot of people, like myself, or developers'

attorneys. they're not in any commissions, periiod. because of the opportunity that has to deal with apartments is the commissioner, or have someone else in your office deal with the commission. i will shut up. the city attorney does not have a record because there is not. >> supervisor weiner. >> you are referring to realtors and attorneys as well? >> i was. he was originated because -- routinely appeared before commission.

>> are you expressing the view that realtors should not be serving? >> yes. >> attorneys as well? >> absolutely. >> did you oppose rafael - ? he was a very good member of the board of appeals. >> did they have any candidates in san francisco? he was in oakland. you are not allowed to practice in san francisco. >> it is inaccurate to say that land use attorney said not been on the board of appeals. >> i was not aware of it if he was practicing san francisco; i would've raise the same objection. >> good afternoon supervisors,

my name is dick allen and i had no idea i would be here today yesterday. it was a chance e-mail that i got, that got my attention to the item in the rod & gun club. my curiosity got the best of me and i went through your agenda today. there it was. number one. daryl honda. he is a neighbor of mine. i have known him for at least eight or nine years. i think daryl honda brings a unique skill set that would allow him to be very helpful as a member of the board of appeals. as i said, we are neighbors. we share an alley between 15th and 16th avenue. we have been meeting this alley for a number of years. in the beginning our conversations were about children, schools, the city

parks, pools and lake merced. my experience of having served on the planning commission, and i recognize -- having served in those days, our conversations switch to life issues, and dr, discretionary review. it is apparent to me that darryl has a passion for san francisco; is well-trained to sort out conflicting facts. his personality and commitment to teamwork will be a big plus for our city. please approve darryl's nomination to the board of appeals. thank you. >> supervisor kim: thank you. >> my nam