commissioner fung: are you the realtor? are you related? >> no, no. commissioner fung: a friend? >> helping the permit holder communicate with the office because of language barriers. president goh: i think we're finished hearing from both sides, though. we will discuss it. commissioner fung: she is not being paid or as an agent, and she is allowed public comment. president goh: would you like to ask her question, commissioner? commissioner fung: no, i think she is allowed public, if she is not a party. president goh: it sounded to me from the director that she had been representing permit holders with regards to communications with our board, so -- >> it is your call. i think in some ways she was acting as the permit holders agent. normally we would exclude her comment from public comments. but i don't know the details. president goh: unless that commissioner has a question for her? commissioner fung: alright, i will ask a question. what did you want to say to us, shortly? >> just to clarify some points, surhirley lee. i do not take any pay. i just translate some phone calls and

commissioner fung: mr. sanchez, the smaller building, what use to beat i guess a bungalow, runs pretty much to the rear property line? so the only setback with respect to the property line would be the portion of adjacent to the other building? >> rebuilding would have approximately 3-4 foot setback. i can put that on the plans, on the overhead. so the yellow is the rear building you are refering to. the 9 foot yard, in which the stairs go around. there is 4 foot 6 inches at the rear, and this is probably 3-4 feet to the property line. it would be constructed. the building which was built, completed in 2000, occupies nearly the entire front lot and would leave a 5 foot rear set back. commissioner fung: okay, so when they did the new buildings and it satisfied the rear yard requirement so that the existing bungalow wound up being nonconforming use at that point? >> well, that building would have been non complying at that time, as well, because of publication on the property. even if we were to have had the

commissioner fung: in the discussion? ok. same question. >> i would just address that, there are three other neighbors in the immediate neighborhood involved in this, and they can speak in their public comment, but i believe those three neighbors have all been involved in this and are all ok it in principle tonight. obviously, i cannot speak for the broader public interest of everyone in the city of san francisco. vice president garcia: there is a woman who was involved with us, what san francisco, and i don't know she is a neighbor or not. at its sheet involved? >> she has not been involved in the settlement discussions. >> a she involved in this? >> she has not been involved in the settlement discussions. >> is there any public comment? >> hello. my name is chris schaefer. i spoke in january opposing any change in the configuration of the fans because it had actually the face fines which were the only landscaping. i am the one neighbor of the four in my view from my living room is the baseball field. in essence, have worked

commissioner fung: great, that is my motion. >> we have a motion from commissioner fung to deny at the jurisdiction request. call the roll. about on that motion from commission fung to deny jurisdiction -- [roll call vote] thank you. the vote is 4-0, jurisdiction is denied. thank you. >> ok, just remind the audience, items 5a and 5b have been pulled off the calendar because those matters were administratively dismissed. item number 6 also has been pulled off the calendar. that matter was continued. to may 25. that is the taxi case. so we will move on to item number seven, which is appeal number 11-033, nizar askndafi, doing business as mmc wine and spirits, 615 sutter st., appealing a 25-day suspension of a tobacco product sales establishment permit imposed on march 9, 2011. reason for suspicion, selling tobacco products to minors, director's case number f e-011- 20. we will start with the permit holder. sir, you have seven minutes. >> i am the owner of ofmmc wine and spirits. 615 sutter street. i was working that day, and i like to go to the bank before it closed. i told my friend jus

commissioner fung: i am done. commissioner hwang: i think the last hearing we had, there were other matters. the matters with tobacco suspension licensing did not go in that way, just to clear the record. i think one received a reduction, and the other did not. commissioner fung: two out of three received a reduction. commissioner hwang: i don't think that is true. and i was here. perhaps i am not remembering. in this case, i am more inclined to go with the president's position, in part because of what she stated, but also, i think the fact that the employee, if it was a < 30 day employee, did not even look at the card or ask for it or shut any type of suggestion this was something they need to consider as part of the obligation of the licensor. for those reasons, i would be inclined to uphold in its entirety. ivice president garcia: if i ma, commissioner hwang, in the draft minutes, it reflects we had four cases. one of them was continued, three were held. two of them, not the penalty was reduced to 20. commissio

commissioner fung: i do not have that motion. vice president garcia: i do not have that motion. >> a section 309 exception? vice president garcia: you read my mind. director goldstein: a motion -- president goh: i have a question. >> you did state that there is no error, the substantial evidence to support this. president goh: it was your language that made me wonder if i was mistaken. vice president garcia: this would be as if a variance, right? >> the zoning administrator hazmat. this is discretionary. you are upholding the planning commission action for the reasons stated in their findings. director goldstein: on that, commissioner peterson, vice president garcia, commissioner fung. that is 4-1. we will move to the last item on the calendar, which is item number eight. appeal number 11-027. this is against the department. the property is on jones street, protesting the issuance of february 16, 2011, a permit to alter a building. this is nonstructural. we will start with the appellant. mr. krebs. >> my name is w.b., and i am he

commissioner fung: it does show that? vice president garcia: because it would seem as if the gas meter extends more than 11 inches from the building. is that an encroachment? >> we will most likely have to do some relocating and adjustments as regards utilities that are occupying. vice president garcia: thank you. commissioner hwang: excuse me, before you sit down, the appellant was asked if there were any attempts, attempts, potentially -- if there were any attempts to negotiate, and the palin answered no, not really. -- and the appellant answered, no, not really. is that the same position with the permit holder? >> we were never contacted by the neighbor. i would be more than happy to engage in any sort of conversation, as it falls within my client. commissioner hwang: you don't know? >> i don't. commissioner hwang: thank you. >> thank you. mr. sanchez? >> thank you, scott sanchez, planning department. the planning issues here are relatively straightforward. subject property is located within a pdr-r zoning district, wh

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

commissioner fung: was there a non-exception alternative? >> there was a co-compliant alternative in the eir. commissioner fung: but not in the design review. >> they are sort of related and throughout the neighborhood review process, looking at alternatives to changes and variations of building form. we are always considering whether or not the exception criteria and the planning code are met. commissioner peterson: did your department analyzed the 1967 bechdel letter to the building department at the time? >> i was aware of the letter. i have seen the letter. i would not say we analyzed it to any great degree. we were basically advised by the city attorney's office, and perhaps dbi staff could speak further to this, that some mandated setback or agreement was recorded on the property, really based on its own evidence. it was not something we were obligated as a city to enforce. vice president garcia: in your own words, how would you characterize or summarize the best reasons for granting the exception that is under review? >> the criteria

we're also joined by commissioner frank fung, chris hwang, and tanya peterson. we also have the deputy city attorney, who will be advising the board this evening. to my right is the legal process clarelk. -- clerk. we're joined by department of representatives in the front row, scott sanchez, the zoning administrator representing the planning department and planning commission, we're joined by the assistant to the zoning administrator, the senior building inspector representing the department of building inspection. john is the manager representing the department of public works bureau of st use and mapping. at this time, i will go over the meeting guidelines and conduct the swearing in process. the board request that you turn off all cell phone so there will not disturb the proceedings and that you carry on conversations in the hallway. the roles of presentation are as follows. the permit holders and respondents each have seven minutes to present their cases and three minutes for rebuttal. people affiliated with these parties must include their comments within

commissioner fung? >> thank you. i just wanted to point out that again, i think i know what maybe the ideas is. i will say the project sponsor in my opinion has made some pretty significant changes to the project to try to accommodate the nubs. it's a little bit krgeso concerns at this hour that there are still difference ises of opinion within the neighborhood. but i'm supportive to hear it. i want to make a mention because we had another project not to long ago i was not supportive of continuing. you were suddenly changing the rule on a particular type of use midstream where the project head sponsor had jumped through all the hoops we asked him to do, paid all the fees and at the last moment changed. so if we're going to study a larger citywide kind of program, i'd say that, you know, we get through the projects that are being proposed right now and you know, if you want to stop it tomorrow, that's fine but don't stop it yesterday. i'm not sure -- you know, if we want to put a moratorium and do a study then do it t

commissioner fung: aye. president goh: aye. commissioner peterson: aye. commissioner hwang: aye. that motion is granted. mr. flanaga, you have five days to file an appeal. it will and the close of business monday, april 25. please be aware of that time frame -- timeframe. you can send somebody on your behalf to file if necessary. ok. we will move on to item 4c, another jurisdiction request. subject property at 1550 and 1552 jones street. letter from eric montoya, requestor, asking that the board take jurisdiction over bpa number 2011/02/02/9512, which was issued on february 15, 2011. the appeal period ended march 02, 2011, and the jurisdiction request was received at the board office on march 23, 2011. permit holder, nob hill vistas llc. project, kitchen and bathroom remodel, living room and bedroom remodel, install new kitchen appliances and w/d, install new lights and outlets, install new forced air, add bathroom, remove one wall between kitchen and bathroom on both units on third floor, new roof joists on both units on third floor. we will start with mr. montoya. is there anyo

ok. >> the motion is from commissioner fung to grant the appeal and this n.o.v. & p. is modified in two ways, that the penalty accrual period will run from september 8, 2009 to november 24, 2009, and that the daily penalty amount be reduced to $100, correct? >> correct. >> on that motion, president goh? >> aye. vice president garcia:? >> aye. >> commissioner peterson? >> aye. >> and commissioner hwang? >> aye. >> thank you. this satisfies the appeal and it is mod 2350eu in those two ways. >> there's no further business, mr. goh. >> we're adjourned. you are so lost. no, i'not, man. dude! i dropped my phone. oh, the road! whoa. yeah. you know what i'm saying. how would you like to save your life from an ugly reckless driving death? don't answer yet, there's more! act now by slowing down and we'll guarantee you complete satisfaction! kids: that's awesome! announcer: in the real world... passenger: whoa, andy, slow down! >> i work with the department of environment and we are recycling oil. thank you. we can go into a refinery and we can use it again. they do oil changes

ok. >> the motion is from commissioner fung to grant the appeal and this n.o.v. & p. is modified in two ways, that the penalty accrual period will run from september 8, 2009 to november 24, 2009, and that the daily penalty amount be reduced to $100, correct? >> correct. >> on that motion, president goh? >> aye. vice president garcia:? >> aye. >> commissioner peterson? >> aye. >> and commissioner hwang? >> aye. >> thank you. this satisfies the appeal and it is mod 2350eu in those two ways. >> there's no further business, mr. goh. >> we're adjourned. >> good morning. i've got my giants cap

on that motion, commissioner fung? >> aye. >> president goh? >> aye. >> vice president garcia is absent, commissioner hwang? >> aye. >> the vote is 4-0. the appeal is granted and the suspension is reduced to 20 days. >> thank you. >> thank you. >> so we'll call the next item, actually the next item is number eight which has been rescheduled to next week so we'll call item number 9, appeal 11-037 for raed yaser doing business as white palace licker with at 1324 silver avenue appealing the tobacco sales permit imposed on march 9, 2011. reason for suspension is selling tobacco products to minors, fd-011-13 and is on for hearing today and we will start with the appellant. please step forward. you have seven minutes. >> good evening, everybody. ok. on the day of question -- >> can you just speak into the microphone and please say your name? of white palace in san francisco. ok. on the day of question here my employee, alex, we have very strict laws in my establishment, since we have children and i do want to commend san francisco police and inspecto

on that motion, commissioner fung? >> no. >> president goh? >> vice president is absent, commissioner hwang? >> aye. >> thank you. the vote is 2-2 to overrule. absent another motion because four votes are needed to overturn any departmental action, this request for revocation would be upheld. >> by operation of law. president goh, should i move to the next item? >> yes. >> ok. we will call item number 7, then, which is appeal number 11-034, antoinette lama doing business as chuck's store versus the department of public health, property at 24 cortland avenue, an appeal of a 25-day suspension of a tobacco sales permit imposed on march 9, 2011. reason for suspension, selling tobacco products to minors, case fd-011-16. and we will start with the appellant. step forward. you have seven minutes. >> i do have this for everyone, please. oh, i am sorry. hi, i'm antoinette lama. hello? i'm antoinette lama, the store manager and co-owner of chuck's store at 24 cortland. i was -- i have for you a context of appeal. my documents that i put together. and wi

joining us is the vice-president michael garcia, who commissioner fung. controls is our legal assistant, and i am the executive director. at the front we have representatives of city departments. goowe have the senior building inspector and scott sanchez, also representing the planning department and the planning commission. we're also joined by a representative of the department of public works. we will also be joined by the department of public health. >> richard lee is here. >> i think we are ready to go over the meeting guidelines. >> the board request that you turn off all phones, beepers, and pagers, so they do not disturb the hearing. the rules of the presentation are as follows. respondents each have seven minutes to present their cases and three minutes for rebuttals. affiliate's must conclude within seven minutes. members of the public who are not affiliated party have up to three minutes to address the board. members of the public who wish to speak on an item are asked but not required to submit a speaker card or a business card when you come u

. >> this is fung she. >> i think so. and here is one built in 1958 and it is occupied as a resident and you can take a look: green street and jones. >> across from one of the old fire houses. >> you folks chip in if you want to speak. >> and it's also used as a residence. >> the fire house. we will see another one in a second and not only do we have those in san francisco. here we have a hexagon building and truly a oddity and someone should have checked it in san francisco architectural digest and recently built. what do you think? in san francisco we have other shapes and there was the triangle cafe. it's on 17th -- >> (inaudible). >> 16th and it's right near the new mission bay. now one of the things that i found interesting is the value of the building is not so much in the building but the gigantic pipe and the base of a billboard which probably brings in an enormous income and the building is supplemental. >> because i work for people that rent in the range of 30 to $40,000 a month and i will take a guess that the

commissioner fung:? president goh:. thank you. the vote is 4-0. the appeal is granted and it is changed to do days. >> thank you. there is no further business. we're adjourned. you are so lost. no, i'not, man. dude! i dropped my phone. oh, the road! whoa. yeah. you know what i'm saying. how would you like to save your life from an ugly reckless driving death? don't answer yet, there's more! act now by slowing down and we'll guarantee you complete satisfaction! kids: that's awesome! announcer: in the real world... passenger: whoa, andy, slow down! because we have a great waste water system here in san francisco, we do about 80 million gallons of waste water here in san francisco, which means we basically fill up 120 olympic sized swimming pools each and every day here in the city. we protect public health and safety and environment because we are discharging into the bay and into the ocean. this is essentially the first treatment here at our waste water treatment facility. what we do is slow down the water so that things either settle to the bottom

commissioner fung:? president goh:. thank you. the vote is 4-0. the appeal is granted and it is changed to do days. >> thank you. there is no further business. we're adjourned. >> a good afternoon, and welcome to the rules committee meeting. joining us are supervisors elsbernd and farrel. we would like to acknowledge sfgtv and the transcripts they make available online. >> the items on the agenda go to the board on tuesday unless otherwise indicated. >> item 1, confirming the appointing of jane wu to the -- >> can you please introduce yourself to the committee, and talk about your interest in serving in this commission. >> i know you have a long agenda and i will be as brief as possible. you have a detailed by a. a couple of things i wanted to register with you. i was born in sydney, australia and have lived in japan and hong kong, and went to school for 12 years -- but i have lived in san francisco longer than any other place in my life. this is a gateway to the pacific. i love the natural beauty and also the diversity, for someone like myself wh

commissioner fung: no. >> thank you. the vote is 4-1. the appeal is granted. the variances are granted, and we will schedule findings to be adopted at a later time. >> there are no further items to come before the board. you are so lost. no, i'not, man. dude! i dropped my phone. oh, the road! whoa. yeah. you know what i'm saying. how would you like to save your life from an ugly reckless driving death? don't answer yet, there's more! act now by slowing down and we'll guarantee you complete satisfaction! kids: that's awesome! announcer: in the real world... passenger: whoa, andy, slow down! >> i work with the department of environment and we are recycling oil. thank you. we can go into a refinery and we can use it again. they do oil changes and sell it anyway, so now they know when a ticket to a. hal>> to you have something you want to get rid of? >> why throw it away when you can reuse it? >> it can be filtered out and used for other products. >> [speaking spanish] >> it is going to be a good thing for us to take used motor oil from customers. we have a 75-gal

commissioner fung: no. >> thank you. the vote is 4-1. the appeal is granted. the variances are granted, and we will schedule findings to be adopted at a later time. >> there are no further items to come before the board.

commissioner fung: no. >> thank you. the vote is 4-1. the appeal is granted. the variances are granted, and we will schedule findings to be adopted at a later time. >> there are no further items to come before the board. >> i work with the department of environment and we are recycling oil. thank you. we can go into a refinery and we can use it again. they do oil changes and sell it anyway, so now they know when a ticket to a. hal>> to you have something you want to get rid of? >> why throw it away when you can reuse it? >> it can be filtered out and used for other products. >> [speaking spanish] >> it is going to be a good thing for us to take used motor oil from customers. we have a 75-gallon tank that we used and we have someone take it from here to recycle. >> so far, we have 35 people. we have collected 78 gallons, if not more. these are other locations that you can go. it is absolutely free. you just need to have the location open. you are set to go. captioned by the national captioning institute --www.ncicap.org-- >> i would like to call the meeting of

commissioner fung:? president goh:. thank you. the vote is 4-0. the appeal is granted and it is changed to do days. >> thank you. there is no further business. we're adjourned. commissioner mirkarimi: good morning, i'm ross mirkarimi, joint joined me with me is super swriesor cohen, supervisor campos is absent away for business. we'll want to take a motion in a second to excuse his absence. i don't expect this to be a very long meeting as i am also concurrently sitting on the budget and finance committee which is meeting across the hall. i'm happy that we are able to deliberate on two important items. before we start, can i entertain a motion for the excuse of supervisor campos? motion. woid, so moved. madam clerk, good morning. please read item number one. >> good morning. item one, resolution authorizing the department of emergency management as primary grantee and fiscal agent for the capital-bay planning area to retroactively accept and expend a fiscal year 2010 interoperable emergency communications program grant award in the amount of $1,227

commissioner fung: commissioners, i think if he says he is representing them, we should go with that. commissioner hwang: it says eric krebs. >> we usually let people appear. there is no board rule to prohibit that. if there was evidence brought forward that suggests that he did not have authorization to represent the appellants, the board could reopen the case at a rehearing, but there is nothing in the board rule, but i do not believe there is anything pitt that would prohibit it. -- anything that would prohibit it. commissioner peterson: it says eric krebs, and then it says bad it is the san francisco citizens against building permit from, as if they are representing themselves. commissioner hwang: i guess the paper that was submitted was for the entity. president goh: we have never had an objection, so i am inclined to go forward. let's just go forward. >> i was here earlier this evening representing another protest, and he has filed four protest with fraudulent names, and that is why there was no appearance earlier. there are two more more -- more permits than he has been protest

. >> te voy a decir que haces un trabajo excepcional porque es increÍble de verdad cÓmo funges como mamÁbre de mi vida. >> cÓmo es la anÉcdota del primer momento que lo viste? >> eso primero... ese primer momento fue de ajÁ. o sea. >> dÓnde lo viste? >> eso fue ya en el carro sentados y me dijo: yo creo que... aquÍ van a haber problemas, algo asÍ muy cÓmico y yo dije cuÁl será el problema? y ya estaba anticipando lo que iba a suceder. >> probmas buenos. >> en tu caso quÉ te flechÓ de mario. >> los dos hablamos el mismo idioma, el espaÑol, el idioma de las comunicaciones. y me dieron una asignaciÓn, incluso yo propuse en el canal 23 cuando trabajaba de reportera en la afiliada en univisiÓn. propuse una historia sobre la droga Éxtasis e invité a mario para que realizara conmigo la investigaciÓn y nos extasiamos! >> y no se quiso ir de la fiesta. >> quÉ tÚ me viste me dice? muchas cosas puede tener el hombre ademÁs de ser guapo o no. >> y muchas veces lo que nos conecta no se ve a simple vista. >> es un gran padre y sobre todo amoroso y caballeroso y les comentaba, se me levanta en las madr

>> well, in some apps, if you're using a map fungs, geolocation enhances functionality. that doesn't explain why other apps that do not need geolocation data for functionality are nonetheless pulling down data, and that's part of the problem. you have a prompt on some phones on if you want to share your data, and you say no, then you can't use the app. that's back to senator kerry's point. you want functionality, but you want to know who gets access to the data. is that access used to enhance the functionality, or is it sent to add networks and -- ad networks and advertisers and so forth. that information is not available to consumers. >> in my experience has been when i talk to people about this, they have no clue that this data is being transmitted or shared with anyone. they have no idea. do you have any statistics on what people know now? i mean, stl any way to -- is there any way to know contactually what people understand -- people understand now? >> most people don't know, and there's a reason for that. people are not told with whom the data is going to be shared,

he is no longer fung fewaster in training.rom a new evil villain named shen, a peacock, which may not sound dangerous, but trust me, who is playing the peacock? >> i like that peacock. >> gary oldman. when it's gary oldman playing the peacock, you'll be scared, believe me. i think it's better than the first one, honestly. >> what is cool angelina jolie is in this. lucy liu is in this. lucy will be with you at the premiere? >> yes. she is coming to the premiere later. >> we are going to be going all over the world to promote. >> that has to be tough work going to cannes with dustin hoffman and angelina jolie. >> yeah. it's really hard. >> can you show us some of the moves? you actually practiced some of this. you have it down. >> want a little taste. i do have some kung fu. it looks like, you know, a grateful dance, but then -- hi! >> you're very nimble. >> wow! wait a second. >> that was serious kung fu. >> ah. >> excellent. >> we are in awe. >> hello? >> can you hear us? >> maybe i unplugged. >> of course you did. >> i can't