commissioner fung: is there a motion? president garcia: we are waiting for you to make a motion, and then we will attack you. commissioner fung: we wind up looking at compromises. and i agree. i thought that some of the comments, perhaps -- given the approach, i would make the following motion -- to grant the appeal, but to uphold the permit, with the following conditions. that the grill be relocated to the center of the building at some point adjacent to the penthouse wall and that the north rail and the south real -- excuse me. let me restate that. that the north rail be moved 1.5 feet, and that the south will be moved 1.5 feet. >> just for the length of the rail fronting the light well? commissioner fung: that is correct. >> just to be clear, the grill you are moving -- what would that be? commissioner fung: that would be the east wall of the penthouse. >> in the section between the door and the south? president garcia: that is assuming the grill gets plumbed. would we get any approval if it were -- commissioner fung:

commissioner fung: 4.2%. president garcia: i would like to see a combination of you take pain -- you would be paying less. some of the pain would be absorbed because i think some of the warping at 4.2% is less than the warping at 10%. >> we did do that at 11 clement. we are cutting into 11 clement, or we would have to to put a ramp inside. commissioner hillis: 11 clement is the one that has been combined. >> correct. commissioner hillis: that was what i was expecting to see, based on commissioner comments in the last meeting -- some combination of looking at both the warping and interior modifications, and even doing away with the 11 clement -- to see if we can come up with a way to avoid the split sidewalk and the gate solution. >> so, the biggest issue is, i think, having the level landings. once you have to cut into the store, you end up having to have a level landing inside the door, and some sort of a slope up. so there is a fair amount of cost is involved in doing that part of it. commissioner hillis: i

commissioner fung: well -- president garcia: i am sorry. commissioner fung: i was thinking. it appears, given the extremely long time frame that has occurred through this process, not much else is going to happen. while i am sympathetic to this employer, who works hard in is going to lose out on the money -- and is going to lose out on the money -- that is it. president garcia: thank you. >> vice-president, would that be on the basis of the reasons stated in the dph order? vice president hwang: yes. >> when you are ready. >> we have a motion from the vice president to deny the appeal, uphold this revocation on the bases listed in the -- basis listed in the dph order. commissioner fung: aye. president garcia: aye. commissioner hillis: aye. commissioner hurtado: aye. >> the boat is 5-0. the revocation is upheld on that basis. >> item 7 has been rescheduled to april 25, so we will move on to itunes 8 -- to items 8 a and b. both were filed by junel solach, versus the department of building inspection. it protests the issuance on february 14, 2012 to peter fealy living trust, pro

commissioner fung: i am sorry. go ahead. you indicated there were 2 the vote openings, but when i look at the window,-- were two openings, but when i look at the window, i see there. >> i was not able to get copies of dbi's files. commissioner fung: i am talking about the brief. we do not have these drawings. >> the store is the exit door. this is a utility window. this is the mechanical room. commissioner fung: the floor plan shows -- the plan. it shows three -- >> i am not certain. there is a lot of confusion in this process because of the difference between what is shown in the plans for the variance application and for the building permit. perhaps the permit holder's council can clarify what the confusion is on that. what we are told is that this door is a critical emergency exit, and this is a window. apologies for the confusion. commissioner hillis: do you have a ground floor plan of both or either of these buildings? it is hard to understand where these doors are. it could apply to the ground floor plan to see if ther

commissioner fung: i am in concurrence with that. president garcia: i would move that we deny the request for jurisdiction. >> please call the roll. >> we have a motion from president garcia to deny this jurisdiction request. commissioner fung: aye. commissioner hillis: aye. commissioner hurtado: aye. >> the boat is 4-0. this jurisdiction request is denied. >> we will call item no. 5 now. ruth levy inverses the department of public works bureau of st. use and mapping. this is protesting the issuance on december 22, 2010 of a minor sidewalk encroachment permit. the public hearing was held on february 8, 2012 and is on for further consideration today. the matter was continue to allow time for the permit holder to pursue other proposals and allow additional briefing. is the department here? great, thank you. i would think we will start with the permit holder, since they were the one to provide additional information. we will give them three minutes, is that right, president garcia? president garcia: please. >> president garcia and membe

commissioner fung: are you finished? >> yes. also note that if you look at the photos -- should i put this here? this is the neighbor that just spoke. this right here is the end of his house. he does not have a light well. that is the back of his house. also note the existing her putt on both our neighbors are 30 inches tall. -- the existing parapet on both our neighbors are 30 inches tall. this is the view from our roof, which will not be building an illegal back on. that is not a light well. that is his front yard. commissioner hillis: you have a light well? >> we have a light well, but they do not. commissioner hillis: is it on the property where his building is? or is it on open space? >> it is right here. commissioner hillis: what is on the other side of your light well? >> his building. the back of his building lined up right in the center of the light well. it has a roof that slopes down. by the time you get to our second level, he has fully enclosed our light well. commissioner hillis: so his issue with the rail on the b

commissioner fung: you made two changes. one is the location of the water heater and one is the skylight. >> he just said it is in the attic. the original was supposed to be on the roof. the revised permit is not on the roof but in a different location inside the unit. commissioner hillis: we could revise the original permit to remove the roof deck, put the hot water heater in the unit, and make no rivet -- and take out any revisions. >> that is what my thought was. >> how would we address his desire to have skylights? >> that would require an application for a revised permit. >> mr. duffy. >> on the revision permit, i did not see the skylights. there was an existing skylight on the original permit and it was to be made bigger on the original permit. they did have an existing skylight before this all started, just to point it out. it is really unfortunate that we do not have the revision permits or plans in front of lust. i do not know why they are not here. i have not a clue that was approved. we are talking about something

commissioner fung: i understand that. what happens to the enforcement and the penalties associated when the permit that carries it is at the board of appeals? >> i think i talked about that. i do not think there will be penalties because the permit was in place. you're not going to tell them to get a permit. commissioner hillis: the property owner could appeal the nov. >> yes, they could appeal it. i do not think you can appeal it to the board of appeals. president garcia: what happens if they allow this to languish without taking it up? what happens under those circumstances? >> we had a similar case earlier. the enforcement action goes ahead. the enforcement action is a long, drawn-out process as well. it does not mean the units -- the previous case we had, they got a permit to remove it and they renew the permit in 2012. in answer to your question, you can link and the process but our department has to go ahead if they find the unit is illegal. based on the fact we are dealing with a complaint. president garcia: do fee

i agree with commissioner fung and sanchez. the best avenue to solve this problem is to go before the planning commission and hash this out. i love jazz. i am from new orleans. it has nothing to do with whether i like live music. i wonder about the idea that amplified music would be any different than non-amplified music. i intend to uphold the zoning administrator and his letter of determination because, although i am troubled by the issue of what was said by planning having bearing on this, i do not think it would avail, be of benefit to the current owners to delay this process in order to try to hash it out. i do not know it could be hashed out. you are free to add anything. >> i am in agreement with commissioner fung, commissioner hwang and president garcia. >> to make my losing case, there is more to it to then what happened at the 2005 hearing. there was a hearing in which the entertainment commission consulted with the planning department knowing what the hours were going to be. that is where something was lost and an er

joining him is vice president hwang and commissioners fung, hillis, and hurtado. we are joined by the legal assistant. i am the executive director. we are also joined by representatives from some of the city departments that have cases before the board this evening. scott sanchez is representing the planning department and planning commission. he is the zoning administrator. next to him is mr. duffy of the department of building inspection. we are also joined by john quang, representing the department of public works the belgium of st. use and mapping. -- division of st. use and mapping. >> the board requests that you turn off all phones and pages so you will not disturb the proceedings. please carry on conversations in the hallway. appellants, permit holders, and department representatives each have seven minutes to present their cases and three minutes for a rebuttal. people affiliated with these parties must include their comments with dennis p -- within this period. to assist the board in the accurate preparation of minutes, members of the public who wish to s

commissioner fung: perhaps i am too much a traditionalist. this board has always preferred when there was a potential cat x appeal. president garcia: i guess i could make a difference. we need three votes in order to continue. my feeling is that, i know it is not a city policy, but the cat x issue has to do with state laws. not any thing with the city. it would be one thing, and i regret this, ms. shaw is new to the case, but it seems difficult moments before something is heard before this board, there is an abuse of this process. someone appeals it to the board of supervisors and it prolongs the process. i know what the tradition of this board is. i know what we normally do here. given the statements made by the zoning administrator as to the individuals who dealt with this at the planning level and the fact that category a was taken into consideration by two different people who are skilled in this particular area, i am going to not support a continuance so if someone who wants a continuance wants to make a motion, we will vote on that. >>

commissioner fung: i understand that. what happens to the enforcement and the penalties associated when the permit that carries it is at the board of appeals? >> i think i talked about that. i do not think there will be penalties because the permit was in place. you're not going to tell them to get a permit. commissioner hillis: the property owner could appeal the nov. >> yes, they could appeal it. i do not think you can appeal it to the board of appeals. president garcia: what happens if they allow this to languish without taking it up? what happens under those circumstances? >> we had a similar case earlier. the rc

. >> i would support commissioner fung. for the imes -- times he mentioned. >> i am struggling with this because although i want to support them, i am concerned about the safety issues and if we -- i undersand ms. dyloan would like to stay there. if we have an illegal unit, the liability would stem from where -- if there was a fire or some other unfortunate incident, the property would be liable to any injury from allowing her to stay. in what it is an illegal unit. -- in what is considered an illegal unit. >> that would be a problem with the proposal. queit depends on the liability. >> there a number of ways that are relatively inexpensive to increase the life safety aspects of the union -- unit. if it is the third unit and it is semi detached, they could take a sprinkler system that taps of the water service line rather than the fireline. that is relatively inexpensive to do. >> it might already sprinkled. >> they talk about a spring or as an upgrade. it is going to three units. >> could we add to that, ask the building d

with that basis, commissioner fung, aye. vice-president hwang, aye. [reading names] >> the permit is issued. >> having c[gavel] who soon >> welcome to "culturewire." today we are at recology. they are celebrate 20 years of one of the most incredibly unique artist residency programs. we are here to learn more from one of the resident artists. welcome to the show, deborah. tell us how this program began 20 years ago. >> the program began 20 years ago. our founder was an environmentalist and an activist and an artist in the 1970's. she started these street sweeping campaigns in the city. she started with kids. they had an exhibition at city hall. city officials heard about her efforts and they invited her to this facility. we thought it would coincide with our efforts to get folks to recycle, it is a great educational tool. since then, we have had 95 professional artists come through. >> how has the program changed over the years? how has the program -- what can the public has an artist engage with? >> for the most part, we worked with metal and wood, wh

we could have it on the 25th although commissioner fung will not be here. president garcia: can they do what they need to do in that period of time? unless somebody wants to disagree with that to date. -- that date. you cannot speak from the audience. >> you do not have to come back if you arrive at a agreeable relationship with your neighbors in terms of what is going to occur. through the construction, through dealing with any other materials that may be hazardous dealing with debris, whatever. if you arrive at a reasonable rent -- relationship with the permit holders, you do not have to come back. >> i would love to arrive at a reasonable relationship. >> you could. you have leverage to talk to the homeowner a contractor, figure out a solution. if you find one, with strong european. >> we will set a date and discuss. we would like commission fung to be here, though. >> so would we. >> year of the west would be may 9. -- the earliest would be made ninth. >> they can withdraw the appeal prior to that. >> it we are short cutting them having to apply, we nee

on that motion, commissioner fung, aye. commissioner fung, aye. commissioner hillis, aye. commissioner hertado. -- hurtado, aye. there are five ayes. >> we will move to item two. any questions or comments? seeing none, item three. before you for your consideration are the board minutes in april 11 -- from april 11, 2012. texting moat -- no comments i move we accept the draft minutes. >> is there public comment on the minutes? seeing none,, if you could call the roll on that. >> on that motion from president garcia to adopt the april 11 minutes, commissioner fung, aye. vice-president hwang, aye. commissioner hillis, aye. commissioner hurtado, aye. >> whoever placed cards here, please take a back. a hand in call -- cards when you did -- you had in cards when you speak. we will call item 4a which is a rehearing request. property is at 1750 beach street. this was -- approval was decided march 21, 2012. the board voted 4-0 to grant the appeal and uphold the permit on condition it be modified to eliminate from the scope of work the new roof deck, exterior stair to the new raft -

commissioner fung: do you want to hear from the property owners? president garcia: i think they are nodding vigorously. >> i am delighted to have the opportunity to work with ms. short and take her advice on what we should do. that would be fine with me. president garcia: i would move that we overturn the department and allow these trees to be removed, with the proviso that either three 24's, if there is enough room, replace these trees, or two 26's -- 36's. the final determination of what is best in terms of species and size rests with the department of public works and the bureau of urban forestry. >> a thank you said two 36 -- i think you said two 36's, but it was not certain that would be practical. president garcia: i know. i wanted to give ms. short the opportunity to agree or disagree with that. >> with the department of public works' discretion. could we leave open all three of those options? there could be two 24's? president garcia: yes. and i have to justify why the trees could be removed? is that the glare from the city attorney? the re

commissioner fung: sir, your bill is in excess of $120,000. >> 120? are you talking about all of my bills? commissioner fung: this is what this city is saying you owe them. >> no, i do not. when i went to court, i provided them. if i paid they cannot prove a case down and i can reopen again. however, i tell them, how is the situation? i do not see why i have to pay to keep it open. he gave me the reason. give me the opportunity to keep working. the last couple years i have been in the business, never going down a 80%. my place is a clean place. i always keep it in their right place. commissioner fung: somewhere it references you filed for bankruptcy. >> that is correct. this situation is tough right now in the restaurant business. i have a situation in my business, i just try to keep working waiting for a better day for everyone. thank you. >> senior inspector with the health department. can i submit this declaration? >> please. they told us they would be submitting that way. -- late. >> this is the first of the kind of this case. from the minimum wag

commissioner fung: i am of a similar thought. i have not heard anything that is new. we did have a long and extensive hearing previously on this case. vice president hwang: i am focused more on the manifest injustice basis for granting a rehearing. i am a fairly certain that i would be standing alone if i were to make a finding of manifest injustice. i do think that the injustice here is that this is, as testified to, a different type of product that this request is speaking to get permitted. it is very different from mcdonald's coffee, very clearly different from denny's. starbucks, even. starbucks might have an array of coffee, but it sounds to me as if it is not even close to what this applicant is seeking to get permitted. that seems in just to me. for that reason, i would lean in the direction of granting a rehearing. commissioner hurtado: i would be in agreement with commissioner hwang. apart from the manifest injustice issue, i continue to believe, as i did at the first hearing, that it is not like food. for that reason, i would also support a rehearing. presid

on that motion -- commissioner fung: aye. commissioner hillis: aye. commissioner hurtado: aye. the vote is 4-0. this permit is upheld on that basis. thank you. >> san francisco recreation and parks department offers classes for the whole family. rec and parks has a class for everyone. discover what is available now and get ready to get out and play. henri matisse. frida kahlo. andy warhol. discover the next great artist. get out and play and get inspired with toddler classes. experience art where making a mess is part of the process. classes and the size the artistic process rather than the product. children have the freedom to explore materials at their own pace and in their own way. talks love art, especially when they died into the creative process -- dive into the creative process. at the end of the classes, they have cleaned and washup. of.com great way to get out and play. for more information, visit sfrecpark.org. that out and play and get into the groove. rec and parks offers dance classes for seniors. first-time beginners or lifetime enthusiasts -- all are welcome. enj

commissioner fung: aye. vice president hwang: aye. commissioner hillis: aye. commissioner hurtado: aye. >> this motion is continued to june 13. >> we will call the next item, number nine. inge dhillon with 21 rosemont place protesting the issuance of a permit to operate building. complaint to thousand seven to convert area to workshop with half that. we will start to work with the appellant or the representative. you have seven minutes. >> this will be different from the last case in that -- >> please state your name. >> jim inge dhillon is a senior who has been living in this unit for the past 19 years. unlike the last case, there is no determination yet by the dbi that this is an amigo unit. there is a presumption that it is illegal but the inspector has yet to complete her research. this case has been open for four months. ms. dhillon has been searching. the problem is her income is limited, so so security. she is hearty paying more for her -- already paying more for her rent. if the owner is unable to legalize it, or it is too expensive, she needs time to

>president fung: you have permits. you do not have to use all three. if you want to go through your comments, please do. >> thank you. and speaking on behalf of city build. it is important to get this project approved not only for jobs but to bring decent health care to low-income families throughout our communities and cities. hospitals and decent health care is a big concern to residents in our city. also our communities are in need of good paying jobs and with these hospital projects, we will get a chance to have an honest way to provide for our future -- our families and super good health care for our communities. thank you. >> good afternoon. i am born in san francisco and a resident. i have an opportunity to become a labor in the construction industry. i have gotten treatment and care and i am looking for -- forward to the days when we have to [unintelligible] having a safe and clean facility is the most important of all well-being. not just our working but also to provide our community with good health care and treatment. also make more space an

with brisbane in daly city -- chester fung has been leading this effort to allocate the fair share of financial contributions to a large infrastructure program. we will be bringing that report to you shortly. we anticipate initiating the feasibility study, which will look at the rail conversion options to support the future will use of that infrastructure. the freeway circulation study may not be obvious that there is a connection here as well. we will reduce the contents and reduce speed -- with increasing the bicycle and pedestrian access. restoring this to the pre- central freeway, the earthquake conditions. we will be applying for planning grant, to advance these concepts. and there is the 19th avenue transit corridor. the operations there hopefully will improve, and allow for the more efficient allocation of the balboa area. this is part of the daily -- the line to daly city and may alleviate the demand. with the relationship between stations. and the study that is listed here also has the fair city component, looking at the potential -- the benefit of the daly city. and the -- a

. >> i am a parent at alice fung alternative and resident of the bayview hunters point neighborhood. i'm here because i am concerned about finding out what is happening with transportation for 2012-2013. i know that there is horrible budget considerations, i follow that. but we are a little bit worried over there in bayview. we just do not have any information and that is making us feel more worried that if somebody just said we're going to do it like this. i am here to advocate for transportation for students in the bayview hunters point area to schools that have high achievement records and supports for students to achieve what they are able to achieve and making that happen. so thank you. president yee: will give you an answer. it is something you need to hear. -- we will give you an answer. it is something you need to hear. >> i think as the deputy superintendent mentioned last time with respect to the services, the stops from the bayview, we intend to -- the broader question of transportation changes in services, we realize we are -- is taking longer, frankly, that we had origin

>president fung: you have permits. you do not have to use all three. if you want to go through your comments, please do. >> thank you. and speaking on behalf of city build. it is important to get this project approved not only for jobs but to bring decent health care to low-income families throughout our communities and cities. hospitals and decent health care is a big concern to residents in our city. also our communities are in need of good paying jobs and with these hospital projects, we will get a chance to have an honest way to provide for our future -- our families and super good health care for our communities. thank you.

it seems to me that commissioner fung was asking questions, the focus of your view, the the certificate of use, right? >> it qualifies for a rehearing under your specific role. it was a new fact before the board. >> ok. the second paragraph under 0.3, page 6, 2002 certificate postdates 1998 determination. therefore, to the extent they are in conflict, the certificate should be deemed to supersede the determination. is there any authority for that? >> when you have a final administrative decision, not appealed, a permanent trumps and non-final one. that is a straight forward doctrine. i hope that is correct. that doctrine comes from traditional law. >> i do not see any citations of any law, that is why i am asking you. >> i think it is a very straightforward and -- >> it ise mcman case. i would be happy to get you a citation on that. where there is an appellate process, to challenge something, that process is not taken advantage of by somebody wants to come back later and challenges. there has to be some finality of a permanent. >> the basis, related to the desire bite your client to dig

with that basis, commissioner fung, aye. vice-president hwang, aye. [reading names] >> the permit is issued. >> having c[gavel] who soon >> one item on your regular calendar. item 14, case 20 11.1151d. there's a request for continuance. i have not heard whether or not the project sponsor is in agreement with that continuance. i did not have anything at this moment, so i will ask that you take up this continuance of the call of the item as opposed to right now. i'm not sure if anyone is here to speak to that, but even if they were, i would ask that you take the item of that the call of the item. would you like to allow them to speak on that? >> we can have public, about the continuance itself, but i think that the bulk of it should be discussed at the item. >> at the call of the item. thank you. with that, commissioners, we can move on to your consent calendar. items one through five make up the consent calendar this week. they are continue -- considered to be routine and will be acted upon by a single roll call vote on the commission. there will be no

this man worked at the top wong fung you can studio -- fung -- fung fu teach other. >>> the modesto manappeared in court for sexual assault charges. the alleged victim, another victim, came forward after seeing him flaunt his relationship with 18-year-old jordan powers. the judge ordered him to surrender his passport. >>> suspended san francisco sheriff ross mirkarimi has hired aen attorney with plenty of star power. two critical hearings will be held this month. those will determine if he will get his job back. he's now added shepherd kopp to the legal team. kopp's list of celebrity clients include michael jackson, mel gibson and winona ryder. >>> 8:35. later this morning, a jury in santa clara county will read the verdict in the lee trial -- retrial of the silicon valley man. the first trial in 2010 ended in a hung jury. >>> a plan to increase a.c. transit bus service across the dumbarton bridge will be discussed today. that proposal calls -- people have been taking that route more. >>> 8:36. hey sal, how is the toll plaza doing? >> well, it's better, dave. things are improved, dave a

commissioner fung says we can take care of that here. the bay window would have to be redesigned. unless there is other comment, i would move that we continue this. is anyone opposed it? >> to you want to specify what she wanted to see -- what you want to see? >> i wanted to be code compliance -- i want it to be code compliant. and how thoughtful they were of their concerns. >> president garcia, when would you like to have this return to? president garcia: whenever it's convenient for the parties and the board. >> i do not know how much time they expect they will need.

commissioner fung: yes. commissioner hwang: yes. commissioner hillis: yes. commissioner hurtado: yes. >> this matters continue to may 9. >> there is no further business. >> hello. and welcome to "need your district supervisor -- meet your district supervisor." supervisors campos is our supervisor for this week. welcome. thank you for joining us today. tell us about your background. where you grew up, went to school? >> sure. i was born in guatemala. i was brought here by my parents. i grew up in l.a., and then moved up to the bay area, and i went to stanford. i came back after law school. my background for the first few years was as a practicing attorney. i worked in the private sector for a number of years. and then i worked for the city as a deputy city attorney and then became general counsel of the school district of san francisco and through that became involved in politics and at some point decided to run for office. >> you have lived in san francisco for awhile. why did you decide to live here? supervisor campos: i have always felt that san francisco

there were plenty of other ways to push fung aside, and he didn't have to do much of the pushing. the dope by others. basically, it was done in november 1978 by a group of seniors while deng was in southeast asia that they, basically, began to push fung aside. secondly, on the question about june 4th, it is true that there are a lot of people in china who feel that those who were criticized for forming demonstrations and so forth should be considered patriots and that their cases should be reversed. they should no longer be considered people who challenge the order, but who helped the order. because there are certain people living who are deeply involved in the june 4th, and i'm thinking particularly pung and also the successor who wasn't there but succeeded after, i think it's -- my best friends who know about inside power things in china suggest that it would probably take many more years. they do expect that there will be a reversal of verdicts on tiananmen, but probably not during their lifetimes. >> thank you. >> professor vogel, i appreciate your comments on the experimental

with that basis, commissioner fung, aye. vice-president hwang, aye. [reading names] >> the permit is issued. >> having c[gavel] who soon ♪