>> vice president fung: or we"4!est. >> is that the way to!ck%lñ go? >>n& we can grant the rehearing and at#í'z4qs point of the rehearingmspcx' we could condition having this process taken#onns place. that would be radio hearing. >> i think i would prefer to have a substantive rehearing. i think that would be theféj6# q procedure here. especially since i -- at least i wasn't present. i mean i did watch the video but=nn yyou do gain some benefit from hearing?c arguments,i pañ and= Áhearing both sides on aí so i would prefer thatrbú. and so i would move to grant the rehearing request%.nnañ÷ basedh +h!÷/f::88Ñ on that there may bew !u manifest injustice based on the testimony here today, andd&9k÷ that we set1w6 hearing, i guesso%( i"ñ. >> so we need?c!,b to pick a hearingló9k,w: p &c"p% right now,íj[ñ we are scheduling7=::>[t andpjp$f appeals that comecj-1Ñ thezjple office are being scheduled for februaryysufd i would recommend that date just for the board's0Ä calendar. february 20. >> vice president fung: or perhaps we

>> yes i believe -- >> vice president fung: and the results? the -- >> we're actually meeting tomorrow morning. >> but when was the prior hearing? i can't remember. nof 7.1q1 and you offered it the day after andhe tomorrow? >> yeah. it's a little differenty'nnñh from --

>> yes i believe -- >> vice president fung: and the results? the -- >> we're actually meeting tomorrow morning. >> but when was the prior hearing? i can't remember. nof 7.1q1 and you offered it the day after andhe tomorrow? >> yeah. it's a little differenty'nnñh from -- i don't think it -- it probably may not make a difference to this but it takes a while to get it all together, youb&j-5eñ know and get it set up. we just had scheduling conflicts whatever and we're -- the :seçi attorney and me are meeting oc >>(c is there any public comment? seeing no public comment, commissioners, the matter is submittedsfe$m. >> well my opinion is that we should grant then>qcvÑ÷2b c04<]c request. in my mind, it's

is vice president fung? >> aye. >> president hwang? >> aye. >> commissioner lazarus?> aye >>> and commissioner honda? >> aye. >> so those items will be moved as requested by the parties. and going back to our regular calendar no. 1 is public comment for members of public who would like to speak on an item that is not on tonight's agenda. is there anyone who would like to speak under item no. 1? >> good evening president hwang, board members. mark ruberg with united taxi cab workers. i wanted to raise some concerns that i had in connection with the hearing that you held last month on our jurisdiction request. i don't want to re-argue the issue, which would be pointless, but i want to call your attention to some troubling aspects of that hearing:instead it relied on a confidential city attorney's memorandum, which put us at a disadvantage. the mta got to see our arguments while we didn't get to see theirs. that was partially rectified when president hwang provided the memorandum and gave us an opportunity to address it and i thank her for that, but don't think that was

president chris hwang, franknnjy fung, commissioner. to my left is deputy city attorney robert brian who will provide thec i'm cynthia goldstein the board's executive director. we are joined by city departments5c%( qez that have cases before the board. scott sanchez, zoning administrator, and planning department and planning commission, stey, representing the department of building inspection john quawng. the board requests you turn off9k%z!ñ or silence all phones and other thereinh[9k7t devices. please carry on conversations in the hallway. the board's rules of presentation are as follows.rhce appellants permit holders have seven minutes each to present their case and three minutes for rebuttal. people affiliated with these parties must conclude within these three or seven minutes. members of the public have up to three minutes each to address the8 9m board and no rebuttal. please speak into the end of the microphone. to assist the board preparation of minutes you are asked to submit a speaker card to board staff. speakere>bí are avail

i, did hear a few comments from vice president fung about the report. he had suggestions that one revision that needs to be made is that the dates that we have in the report for commissioner hurtado were reversed and it is not in the same order and i would like to make that rescission and suggested that we made a revision to the litigation session where we used the word victory. and i was going to suggest upheld and that might be better. i am up to the suggestions to improve the report or the work that you have done in that year. in reading this report, i did not appreciate vice president fung's edits and i agree with the to have the different word choice on victory, up held is fine with me. i think that the outstanding job to our director. for putting this together. and the work of victor and everyone who was on the team. and in the office and i think that my sort of i enjoyed reading it. so, it was laid out presented very nicely. so i think on the litigation section, i was curious as to the extent to which this is a higher volume of lawsuits or fewer.

funge and his team for this. and i want to thank president chiu for his leadership on this and perhaps with the board's consent we could -- >> actually any questions for mr. reiskin first? >> yes, one more question. i was not on the board -- you weren't here either -- when we approved the original central subway. i know that the union square merchants had a lot of concerns going in and your team has worked incredibly hard to mitigate the concerns to the merchants and the shoppers and the people passing through that stockton street utility relocation work. do you anticipate that the construction, if it happened on columbus ave., would be more impactful than that one? or will you have ways that you can mitigate that construction site as well? because i'm hearing a lot of concerns about dust and noise. i have walked by the stockton street when it's going on on a regular basis and it doesn't seem to be that bad in terms of dust and noise, for the most part. but could you maybe talk about what can be done to mitigate

seeing no public comment, on the motion to adopt the minutes, vice president fung, aye.ioner hurtado, aye. commissioner lazarus, aye. commissioner honda, aye. >> those minutes are adopted. so we will then take up item 4(a) whichbjae is a -- two street. the board received a letter requesting rehearing of 12- -- at that time the boardd:÷d vote0 in appeal 12-112 is deborah stott and the letter of determination is request to extend expiration date. and we will start with the requester. because there are two requests, you will have six minutes to present your case. >> i just want to note for the record i did view the video of october 24th on this matter and i'm able to sit for this matter today. >> i also reviewed the video, and i'm able to determine -- to view this as well. >> can we'::l2ú turn this on. >> continue the overhead and refer to it. >> thank you. bret gladstone aside from me is david nale my client. david has had hiv and has been taking a very intense drug for 20 years, which has, as we've mentioned before, impeded. one of the reasons that he's/%($ been impeded

funge if these options were going to be put before you. but anyway, i was. and then i've been back and forth with him three or four times about why option 2 didn't appear on the agenda. and the last thing i heard from him was, he thanked me this was the first. thank you for your comments regarding option 2. we'll be presenting all options to our board of -- on december the first. i don't see option 2 anyplace in your agenda. the decision on which option to move forward is now with our board. i was at the meeting all three hours of it and option 2 was clearly the majority vote. it says $20 million. nobody seems to be interested in that. pagoda palace is indeed an eyesore, but it seems to be if you go for it, or vote that it can be studied further, it's just going to continue the plan that they want already. it's still going to tear up a lot of columbus avenue. it has to. there's no way we can get the boring machines without causing a lot of disretionv. please, postpone the vote until you get option 2 before you -- we weren't even given the black-out statistic

shortly after that, we received invitations to this hearing from john funge and ed reiskin. and instead of what we expected, we were offered options 3 and 4. and no mention of option 2 and why it was omitted, even though it was a unanimous choice. so, it seems like we still don't have sfmta's ear for community input. and i'd like to encourage the organization to spend more time and concerns. i think you're going to get a good start today. but the things you have on your agenda you're going to be voting on options 3 or 4 or possibly falling back to option 1. and i think 3 or 4 would probably be reasonable. i just wanted to say if these fall through and you decide to revert back to option 1, i think you'll have a lot of opposition in north beach again [inaudible]. >> thank you, sir. >>> and just as a last comment, please do stop, reinitiate communication with the neighbor. >> thank you. [speaker not understood]. >> stephen taylor, [speaker not understood]. >>> good evening. my name is stephen tabor. central task force, i'm also the transportation chair for russian hill neighbo

funge and mr. reiskin and also representative david chiu's office to improve public input. [speaker not understood]. we didn't have a chance like russian hill dwellers to have a vote on the current option of the pagoda theater, but i do want to comment we have been working for years to try to get something into the pagoda theater and get [speaker not understood] off the street. not off the street, but just improve that. so, i think working to really come up with a plan that is going to help mitigate some of the impact to our businesses because we want to see those businesses thrive. >> thank you very much. so, i guess that will be continued. okay, one more speaker, that's it. >> actually, he's already spoken. >>> [inaudible]. >> last speaker. >> giovani [speaker not understood]. >>> i'm a small business owner in north beach. and for a long time lot of the tourists they always tell me how beautiful is san francisco. this is not los angeles. los angeles needs a subway, we don't. people love to walk north beach, chinatown, because that's what they come for in san francisco. fi