fung, thank you. commissioner hwang: thank you. >> there is the other appeal, commissioners. commissioner fung: i apologize, there is an appeal of the permit. commissioner peterson: so you have the second appeal which is protesting the issuance of the permit. >> the revision permit, yes. that is why i was not exactly sure how procedurally you would put that out. the net effect is what i am looking for, how you guys see that from a parliamentary or whatever it is standpoint, perhaps mystical steam or the adviser to the board, the city attorney, would know how to call that. i don't know. commissioner peterson: okay, thank you. >> mr. sanchez, no rebuttal? ok, commissioners, the matter is submitted. >> it is a different permit. icommissioner fung: for the main permit that was there before. president goh: they cannot have !zthe second without the fir, right? commissioner fung: they could. >> scott sanchez, planning department. it depends what the board wants to do. if the board were to uphold the appeal a

commissioner fung: how long have you noticed store? >> three years. -- how long have you noticed door? >> three years. -- how long have you owned this store? >> three years. that is all i can say. thank you very much. president goh: i have a question for a counselor. -- for the counselor -- attorney. you wanted to see the i.d. in closed session. >> i had requested to see the i.d. prior to tonight's, and the city attorney did not respond to me at all, -- prior to tonight. president goh: but you alleged that he did not ask for the id, so that is not an issue? >> well, it is, it is not an issue. obviously, this report indicates that mr. fadi did not ask to see the idfi

commissioner fung: not per year? >> not per year. commissioner fung: ok. >> thank you. mr. leones. >> commissioners, a represent -- i represent cbs outdoor, the permit holder. the permit was issued on december 14, 2009. work was completed to remove the sign on january 22, 2010. the inspection occurred on january 27, 2010, over a year ago. cbs outdoor no longer has an interest in the property, but is addressing this board for one reason. there have been serious allegations made against cbs outdoor regarding for jury. i am here to address those issues. cbs is a publicly traded company. it takes those allegations seriously and wants to make the record clear. mrs. ramos has alleged she was unable to contact cbs about its lease, that she never received correspondence from cbs, and she was unaware of cbs's lease number for this location. she did not write the lease termination letter, and thus cbs much have forged her signature, which cbs had never seen before. thus, she never authorized the removal of the signs. i do not know mrs. ramos. i assume she is a fine lady. but her alle

go ahead, commissioner fung. commissioner fung: there are two things i would like to say. one is that granting a continuance to the permit holder was to allow briefing on a very specific legal issue. when i reviewed the rehearing request, i saw no new information. i sought a reiteration of a couple points that were made through several meetings. the question in my mind is whether we offer the same ability to have council brief. i am not sure i'm going to go with that. vice president garcia: the request for a rehearing was filed on the last day of january. that is 2.5 weeks. certainly, anyone filing for a rehearing wants to familiarize themselves with our rules and pages having to do with a request for a rehearing. certainly, prior to having done that would have been the time to hire an attorney. when we granted a continuance to the permit holder, it was not prejudicial to the other side. there is no money being spent or lost by the other side, because the permit holder gets an attorney. this is highly prejudicial to the permit holder. he has ongoing expenses. i would be ve

commissioner fung: i would say the same thing. [laughter] >> commissioners, the last item on the calendar tonight is the consideration of the budget for fiscal year 2011-2012. you should have a memo outlining a proposal. there is a copy also available on the dais. the budget is due by close of business on february 22. i hope you will review and approve it this evening so we can make hours of battle on time. i would like to what he briefly to the proposal for next year. this year, we are seeing a potential deficit in the surcharge revenues. that represents 95% of the board's budget. right now, we are looking at a 5.4% deficit, about $50,000. that is good news this is the third year of the deficit, and this amount is much less than where we were. last year, we were looking at 30%. the year before, 27%. the economy is coming back off and we are experiencing that. our filing for revenue is up. it looks likely we will and the year with a slight surplus. -- will end the year with a slight surplus. we are looking to reduce expenses. we h

commissioner fung: aye. commissioner fung: a -- vice president garcia: aye. commissioner peterson: aye. >> the vote is 4-0. the transcription shall be the official record. >> thank you. we can start with the requestor. i believe her attorney is representing her this evening, mr. wagner. >> my name is david wagner. i am an attorney licensed to practice law in california. i represent the community. i am appearing as pro bono council on this matter. before the clock starts on my three minutes, i want to respectfully request a minute to explain why i would like to request a continuance. i am not sure what the proper procedure for that is. it would take a bit of time for me to request that you continue it. i just got involved in this case last week. president goh: you can have one minute to argue. >> thank you. commissioners, as i mentioned, i met the appellants for the first time last week. i have not had the time to fully prepared to argue the merits of my client's request for hearing. with an attempt to persuasively argue my case in three minutes this evening,

commissioner fung: when she turns 18. if we were to reduce this to 15 days, then we would be perpetuated in a performance -- a pro forma approach, and the fact is that the situation the owner in it is -- the owner is in is not going to change when he takes his next trip, and his response to my question was perhaps limited only to him,

commissioner fung: when she turns 18. if we were to reduce this to 15 days, then we would be perpetuated in a performance -- a pro forma approach, and the fact is that the situation the owner in it is -- the owner is in is not going to change when he takes his next trip, and his response to my question was perhaps limited only to him, and i did not ask that of the other appellants in this particular instance. i do not know. i think i am rambling, but i probably would support a reduction. vice president garcia: i would certainly do that, in some time in the past, i think i went through exercise similar to what this gentleman did prior to coming here this evening. it has always been curious to me how we got where we are. it is with all due respect, dr. ojo, and maybe sometimes a hearing officer reduces a fine, but in terms of the economic impact of the individual, and there is a reasonable argument, and their argument is if the sale of tobacco was so important

commissioner fung: yes. >> call the roll, please. >> the motion is from commissioner fung to uphold this permit on the basis that it complies with the code, and on the basis that the city did not err in issuing it. on that motion -- president goh: aye. vice president garcia: no. commissioner peterson: no. commissioner hwang: aye. >> the vote is 3-2. the permit is upheld on that basis. thank you. >> shall we call the next item, our last item? president goh: yes. >> colorado item -- call item eight when you are ready, please. >> calling our last item, appealed 10-136, virginia ramos versus the department of building inspection. the property is at 3175 24th street. it is the protests of the issuing

we will join -- we will be joined by commissioners garcia, fung, and peterson. commissioner hwang will be absent this evening. at the controls, we have our legal assistant and a legal process corporation. we are joined by some department representatives. the deputy director of building inspection is here, laurence kornfield. next to him is scott sanchez, zoning and a stricter -- zoning the administrator. we are also joined by dr. ojo of the department of public health. please conduct the swearing in process. >> the board requests that you turn off all phones, beepers, and pagers so they will not disturb the proceedings. please carry on conversations in the hallway. appellants, permit holders, and department respondents each have seven minutes to present their cases and three minutes for rebuttal. people affiliated with these parties must include their commons within this time. members of the public who are not affiliated have up to three minutes each to address the board, and no rebuttals. to assist in the accurate proportion of minutes, members of the public ar

commissioner fung: yes. >> ok, we will go on that first. suspended ceiling. again, to repeat, is to allow this request for release to go forward, upholding the zoning administrator, with the condition that the suspended ceiling be struck from the scope of the permit. on that motion from commissioner fung -- [roll call vote] so the vote is 4-0, the zoning administrator is upheld with that condition. the second motion, also from commissioner fung, is to grant this appeal and deny this permit. >> can you recite the appeal number? >> this is 10-138. and no finding. so on that motion to deny this. [roll call vote] thank you, and commissioner hwang is absent. this vote is also 4-0 and this appeal is denied. thank you. >> thank you. commissioners, we move on to item no. 3 which is general public comment. if there is any member of the public would like to speak on an item that is not on tonight's agenda. seeing none, item four, commissioner comments and questions. if commissioners? ok, seeing none, adoption of minutes. before you for discussion and possible adoption

commissioner fung: i am in agreement on deletion of finding commissioner fung: -- a finding -- of finding f. president goh: do i hear a motion? commissioner fung: adopt the findings with deletion of finding f and the final words nothing -- and the finer wordsmithing on item commissioner hwang:. -- on item h. >> the motion, if you are ready to have it called, will be to adopt the findings with the changes noted. >> before i call the roll, a member of the public handed and e-mail the was referencing a statement. would you like me to give that as well since the other document was rejected opec's -- that was rejected? president goh: unless there is a motion from the commissioner. >> there is a submission of other documents as well. president goh: again, it would require a motion from the board to consider additional materials. no. >> than the motion is from commissioner fung to adopt the findings as amended. president goh: aye. vice president garcia: aye. commissioner peterson: aye. commissioner hwang: aye. >> the vote is 5-0. findings are adopted as amended. >> should we move on to item five

commissioner fung: can i bring up something a little bit aside? >> i did. commissioner fung: i never saw anything. >> did i not? i shared it with the past president. i did not share it with the employee, assuming personnel matters were confidential. i give her the highest marks. vice presdient garcia: president goh is faced with having to come up with two superlatives. >> i could really screw up. president goh: do we need a motion? any other comments? i will move to adopt the budget. >> there is number of the public for public comment. call the roll, please. >> on that motion from president goh to adopt the department will budget for fiscal year 2011- 2012. commissioner fung: aye. vice presdient garcia: aye. commissioner peterson: aye. >> the vote is 4-0. the budget is adopted. president goh: we should probably change our letterhead to reflect the new mayor. >> yes. i did that and i must have used an old template. my apologies. absolutely. there is no further business. president goh: we are adjourned. >> kimberly brandon. commissioner ann lazarus. commissio

officer suguitan and fung were met by the woman outside of her porch. officer suguitan observed at the front door of the residence was open and stepped inside. officer suguitan noticed mr. smith and mr. rios, an additional roommate, were standing face to face having a conversation. both men were approximately 7 feet in front of officer suguitan. officer suguitan looked at both men and stated, how are you doing, we are here to help. mr. smith and mr. rios both faced officer suguitan. immediately, officer suguitan realized mr. smith's and were behind his back and concealed from officer. officer suguitan directed mr. smith to "show me your hands." instantly, officer suguitan here's what he believes is an item quickly being taken out of a sheaf, and without notice, mr. smith raises a large machete above his head and in close proximity to officer suguitan. officer suguitan, fear for his life, draws his department farm, and that close proximity begins to rapidly backup. mr. smith begins to advance on officer suguitan. of a suguitan continues to back up, but b

fung stated given the layout of the corner, this proposed deck should not exist either. please hold this addition back and deny the roof deck. the whole excuse of they have a smaller lot, they should be able to build a bigger house is ridiculous and greedy. this whole thing is up. ed up and bloated just like it was on steroids. this is -- we all know this is just another project for the developer's portfolio but these are our homes and our properties that we love and cherish and we're asking today to please help us protect them. thank you. vice president olague: thank you. >> and we have a group of neighbors that takes great issue with the size of the project and the proposed rooftop deck will remove all privacy from our bedroom. the aerial reviews on this view show this is block thing up here is the run room and the top of my house which is the bedroom in a direct line of sight and on the same level as my bedroom that's just 25 feet away. there's only one house in between myself and the project sponsor. we did what the city advised and came together as a group and respe

commissioner fung: i -- sorry i did not speak up earlier. i should have spoken up. but i think my reason for where i am going to vote should be brought forth. i am not going to go into a lot of the allegations. however, what is clear to me is that there was notice. the question of whether that notice provided the ability to understand exactly the nature of the planning code and the nature of what one may have or one may lose is questionable to the appellant's mother. that, however, i do not think, in this particular case, excuses' in my mind -- excuses in my mind what the code clearly states. vice president garcia: i wish i had added that when the findings are read, if this passes, that cbs and the city -- it could be indicated that they are [unintelligible] if the [unintelligible] president goh: for the record, i agree with commissioner fung and will not be voting to overturn the department. commissioner hwang: likewise. >> i will call the roll. >> commissioner garcia, i believe your boat is to grant the appeal, deny the permit, with adoption of findings at a later

on that motion -- commissioner fung: aye. vice president garcia: aye. commissioner peterson: aye. commissioner hwang: aye. >> the vote is 5-0 and the atoms are rescheduled to next week. >> thank you. same time. moving back to our regular calendar, item one, public comment. is there any member of the public who would like to speak on an item that is not on tonight's calendar? seeing none, we will move to item two, commissioner comments and questions. commissioner peterson: i will not be here the evening of march 9. >> any other commissioners? vice president garcia: didn't i ask last week? commissioner peterson: is it the same week? i do remember. it did not make it on to that list. why don't i see what time i have to be -- it is for my daughter's school. maybe we can do one or two hours. >> any other commissioner comments? any public comment on this item? seeing none, we will move to item three, the adoption of the minutes from january 26, 2011. president goh: if there are no comments, i move the adoption of minutes. >> is there any public comment on the minutes? seeing none, if yo

commissioner fung, you mentioned two-hours. every time you go to the bathroom, if you're not there, you log off. if you go through a million waybills, you will see these in- and-outs all the time. the machine will automatically log you off if you don't enteanr a trip call. president goh: any other public comment? the matter is yours. >> mr. murray, if i could, sir? even though this is the second time -- [no audio] aside from the issues of if the waybills were manufactured, if they were to be excepted -- accepted -- >> if we take into consideration that each is accurate and valid, for the years he submitted over 80 waybills. >> how do we know for sure that when someone else is -- is that the medallion number? if two individuals have submitted waybills, how do we know that the individual -- [no audio] in otherwords, two people could not have unless it was an error. they indicated that as per habit, he'd write down 95. let's assume he was the one who and driving. how do we know that someone else did not claim to be driving? >> if

commissioner fung: commissioners, i have always, i think, been a supporter of property rights. however i would turn on a phrase made by my fellow commissioners. this was not an inadvertence. it happened. e

commissioner fung: commissioners, i have always, i think, been a

now, assemblyman fung and huffman say this is hurting the shark population worldwide. at a press conference, they were joined by the group wild aide and some san francisco restaurant owners who explain they no longer serve the dish because of the dwindling shark populations. now, according to a study, 73 million sharks are killed each year to satisfy the need for shark fin soup. >> it's an endangered species. we need to protect our sharks. it's a house of cards. if they collapse, the ocean can collapse as well. >> reporter: now, just an hour after that press conference, leland yee got together with some other restaurant owners to declare their pop po -- opposition to the bill. senator yee says while he understands the shark population is at risk, he says california's fish and game does regular nate the -- regulate the importing of these and a license to prove they got these fins legally. >> this is -- this is in a long line of history of -- of government coming in -- into the chinese community and saying you cannot do this. you cannot do that. taking away our culture a

it was fung. >> jimmy: that was a long time ago.yonce, sounds like a great title it's like "tuesdays with morrie" and what is beyonce like in the bathroom? >> she -- well, she -- she was just there. she was so nice and she didn't need any -- her makeup was flawless. >> jimmy: did she do one of these fonzi deals and look in the mirror and go hey. >> jenna's dress was -- maybe i'm throwing her under the bus. a piece was falling so we had to put a safety pin because it was going to unravel and there was a nude part under the dress so that might have made her look naked and kevin mchale's sister was there and she had mints and she was like do you need a mint and beyonce said yes. >> jimmy: she gave beyonce a mint. >> you know in magazines where they say stars are like us, they go to grocery stores. beyonce is like us. she eats mints. >> jimmy: she eats mints. wow. i never knew about the mint thing. that's remarkable. so tell us about this movie that you're in. steven spielberg picked you to be in this movie. >> well, that's a nice way t

some factories are not funging anymore. export has been reduced in some sense. but you see a lot of factories working and exports continuing and so on. however the lack of the return to social peace, if you like, which is normal, it would be surprising this would not happen, this is putting a damper on the profits for exports over the next few months. and so the major risk i see is that in three months or four months if the production doesn't come back to normal employment doesn't come back, then we might face external presh sure on the external side. deshdesh pressure on the e. ternal side -- pressure on the external side. it will impact fiscal accounts, fiscal revenue, and so on. we have pressures on the expenditure side. we might be squeezed between the expenditure side and squeeze on the income side and then -- now, the good news that fortunately we have some buffers. the debt situation is reasonable. we don't have high debt. either domestic or external debt. we have until now reasonable level of reserves. so we have we can hold for a few months. but the mai