commissioner garcia: the police are on overtime. vice president goh: did we not leave it to the discretion? is an article 3, section 5? -- is it? commissioner fung: to have it when a government official is here for four cases. commissioner garcia: even if there was one case. president peterson: commissioner garcia, there was a case a few months ago when there were pro bono people with mandarin chinese, and they were volunteers, so i think we make all efforts, but there are instances where -- commissioner fung: do you remember the temporary parking permit? that was the last case. president peterson: i understand what you are doing. sometimes, they are shorter. i agree that lately they may not have been and short. commissioner garcia: where we know it is going to be short, there is not going to be any discussion, but i have often wondered why we have city officials sitting here cooling their heels when we go through an hour on a re-hearing or a jurisdiction case. secretary pacheco: if they have gone through it already, then there will

commissioner garcia: what is our practice? >> if there is a request, that is handled offline tyrian if there is a conference, that is something that i bring up to the board, usually with the president's consent early on in the meeting so that the parties can argue as to whether or not it should be granted. commissioner garcia: i think this board does a good job, may be too good of a job, of flushing up the issue. i think enough questions are asked that we are better off, but i think the only thing left is for us to vote on it. commissioner hwang: i feel that the seven-minute opening is rather a long. it is a regurgitation. i would suggest that people did not regurgitate their written material in their oral presentations, and that could signal mcginley reduce the time. i think having a rebuttal would be a good idea. >> one thing to remember is that briefing is not mandatory, so the party 7 option to not submit any briefing and choose to make their arguments solely to the board. through oral presentation. something that supposed

commissioner garcia: mr. kornfield, is it your opinion that this board should consider the effects of noise on neighbors and tenants? >> i think that is a legitimate concern for the board, and i say that because the building code since 1974 has addressed noise concern for individual -- for residential units. noise concerns have to be addressed to reduce outside noise, between us, as well, so i think it is in the legitimate code issue, one that would be legitimately be before the board, in my you personally. commissioner garcia: maybe this is not a question for you, but if this individual is a tenant and had some legitimate lease, although the true owner of the building could get a permit to put this compressor in that portion of the property that is under lease, by this tenant, is that -- >> that, i cannot answer about who's right. commissioner garcia: i guess the better way to ask this is it seems we have had issues before the board whereby no one can get a permit on someone else's property, and as a lessee,

vice president garcia: okay, thank you. president goh: thank you. you can sit down now. >> good evening, commissioners. i am representing the san francisco health department. vice president garcia: i should disclose now that i know the decoy, i note per family, they live in my neighborhood. it is not going to affect my ability to decide this. >> i want to congratulate president goh and vice president garcia and thank the commissioners for all the good work they do for our city. i think i am going to make this presentation very short. it seems as if the operator, the owner of st. paul's market, is not actually denying the fact that he did sell to a minor. our report states that he did not ask for the identification. regardless, if he did aske for the minor's identification, the identification showed clearly she was underage and he still sold the cigarettes. i do empathize with him, and i would not mind reducing the 35 days to 25 days. commissioner hwang: you said you would not mind? >> i do not mind. president goh: it says in the police narrative tha

commissioner garcia: to what end? commissioner fung: to the submission of whatever you feel is required to be changed. it can be voted up or down next week. >> and if the commissioners are inclined to change their actual vote on the decision, it might be recommended to continue its so the we can agendize the item clearly -- to continue it. so that another vote is taken and that these findings are not adopted. commissioner garcia: is this just for the be a reconsideration of what is before us? >> it could be either one. you can take no additional evidence, or if you want to accept additional evidence on particular topics, you could do that at your discretion. commissioner hwang: i think additional evidence would help me, and that is why i made the motion to reopen, to allow evidence to be submitted to the board. president peterson: i think that is fair. i think a full record in this case is warranted. commissioner garcia: one thing i would be interested in, assuming that we and a continuing and we get new evidence, all

commissioner garcia: i agree. it would be unreasonable to have another hearing and then have this issue arise. i think the person to weigh in on that would be the planning department. >> thank you. scott sanchez, planning department. a variety of uses are allowed for a legal dwelling units, and there are certain provisions. you cannot have members of the public coming and visiting. you cannot have signs up, display that you are essentially operating as a retail store. commissioner garcia: so i would say the answer to your question -- >> if we can at least have that -- president peterson: this is a logical person appeal, so we are limited to those issues. commissioner garcia: i would say you are safe. >> i would like to recommend another date, because our calendars are quite full. commissioner garcia: two days after valentine's day, maybe there will be more love in the room. commissioner hwang: i would like the briefing that was requested at the prior hearing. mr. pacheco, do you have that? secretary pacheco: for t

commissioner garcia: but we have latitude in that. if we feel someone was not properly advised to what their rights are, we have had jurisdiction in the past, based upon the idea that even though it rises to some legal level, it does. >> the example you just gave is where the city is the actor that did something that the board finds. i thought commissioner fung was referring to a non city actor causing the lateness. commissioner garcia: i am just stating that we have some latitude within this rule. >> as proposed. right. the other provision in that section though i want you to note, which is the times for filing an appeal after a request has been granted would be shortened. currently, the successful requester is given the same amount of time that they would have if the underlying determination was just issued, some 10, 15, 30 days. this would limit it. president peterson: section 10 deals with when i can it minister of the dismissed appeals. this is where the determination has been overturned. there is a revision of the standard for a

commissioner garcia: thank you. commissioner hwang: i would actually lucky to walk us through some of the exhibits that you have submitted, starting with exit -- exit but -- exhibit a. could you just describe what the top picture is? >> sure. the top picture is the living room window. and what you see out side of the right window is the existing structure -- outside of the right window is the existing structure. this is where it would go, at the same height of the existing building. same height, and it would extend the entire length. the bottom picture is of the bottom windows. commissioner hwang: is that the opposite side? >> all four of the windeast. -- faced east. -- itface -- face east. the next room over is the bedroom. commissioner hwang: ok. is that where the deck would be? >> yes. if you look at exhibit b, the proposed addition will go all of the way to where the pink line is drawn. commissioner hwang: so affecting three of those four windows? >> correct. and then the deck on exhibit c would be where the doo

commissioner garcia: commissioner garcia: something has occurred to me, it has been suggested that the jurisdiction requestor -- i will not suggest it is nefarious, it may be business practice -- greatly stepped up the degree to which they were applying for permits commack and the suggestion was they were doing this --, and the suggestion was there were doing this prior to the notification. does that fly with your experience? >> i cannot speculate. and i know that the number of applications we have received from many different carriers were stepped up in the last year. commissioner garcia: so it may not have to do with the law. am i cannot speculate on that. -->> i cannot speculate on that. commissioner hwang: commissioner garcia was asking about whether they took this into an support shouldn't in the processing of the permit that legislation was pending. with your department aware of the supervisor -- what is your department aware of supervisor avalos' legislation? >> yes, we were. commissioner hwang: is so where you testified there was no slowdown to your process of the permit, was t

it vice president garcia: -- vice president garcia: but that would be the accessory use. >> dealing with accessory uses in commercial districts. commissioner hwang: the provisions of that section you cited, if it is not too long? you can put it on the overhead. vice president garcia: perhaps we should be willing to find out whether or not he would be willing to operate that way. >> the answer is yes. .president goh: ok. commissioner hwang: zoning administrator. >> i will put up the section dealing with accessory uses. it worked before for a vote -- for a vote -- for a photo. typically, more than one-third of the total, it has to serve a principal or conditional use to which it is accessory. if the board were to find that it was serving the primary uses of the building itself and the overall management of the residential and commercial components of the building, and where to find it complies with the other relevant provisions of this section, then i think it would be with in the board's ability to find it that. president goh: most of those sections do not apply because they have to deal

commissioner garcia: mr. kornfield, did you have a chance to read these? >> i read them, but not thoroughly. vice president goh: item four, written by the deputy city attorney gessner, it makes one wonder that in ordinary circumstances, if someone comes before this board and files the jurisdiction, would this normally caused a permit to be suspended? >> no. if there is a request, we do not suspend the permit. we do not suspended -- suspended. that means all construction activity, it is allowed to take place during that period. vice president goh: -- commissioner garcia: the hearing itself was on the 30th. is this important in terms of a suspension should have been issued? >> >> the hearing on the 30 it was for the jurisdiction request. vice president goh: commissioner garcia: -- at that time, it was already issued? i thank you for your time. >> now, we can take public comment. president peterson: you have three minutes. >> my name is -- i have been before you before for the same issue. i was not aware of what the issues were, or i would of been able to bri

commissioner garcia: it did. thank you. commissioner fung: there are some limitations as to what municipal agencies and appeal groups like ours can deal with the permit for wireless devices. you know, i remember more recent cases where those wireless devices that were on private property, i could not quite remember the case that occurred in the private right of way, which i believe it is different -- which i believe is different with what one could appeal. >> may i just clarify? are you meeting on private property? commissioner fung: yes. >> those are questions for the planning department. commissioner fung: you just give up the permits? >> yes. commissioner fung: yes. there are some guidelines that we have to follow. until the new law is passed. commissioner hwang: may i? vice president goh: go ahead. commissioner hwang: how long is the appeal window period? >> hold on, please. two weeks on the notice. and, commissioner hwang, it appeals to the department. commissioner hwang: yes, and then whatever the director decides. it

commissioner garcia: it looks on to ms. lyon's -- lyons' windows, but it is unfortunate, as a by commissioner fung -- as said by commissioner fung, the views and privacy than she has enjoyed for over nine years will be affected. had the owner of this particular property chosen to get involved, it is very possible that to avoid this process, they might have either paid for or helped pay for skylights. they can be opened so you can get additional air. i think we still have one pending issue, and that is maybe to be worked out by the permit holder and the appellate, and that would be the choice between greater privacy, -- and the appellant, and that would be a choice between greater privacy, a wall, whatever, or to not have that and to have light and air. it seems the permit holder is open to either one of those. it has benefits to them, whichever of those happens. what is before us, and that is the issue of the appeal, i do not find enough evidence or enough reason to overturn this very modest addition to this house, and i wo

commissioner garcia: okay, thank you. >> any more questions? thank you very much. >> i am with public works again. i think you probably had the same questions which have been answered, but you may have more. i don't know if you want me to make a statement? commissioner garcia: i would want to know if anybody could join the pole association? >> i think i need to. commissioner garcia: what do they need to do? i have no question. it's hard to be silly. vice president goh: in this question there were questions about street views, rated excellent to good. it is that with the p w? -- is that with dpw? >> it is with planning. >> any other questions? commissioner hwang: i do. i am curious about where other placements are for these types of devices. is that within your purview? where else could they put these equipment boxes, and have they done? >> i think the only two places i know of are on buildings or all poles. commissioner hwang: and the buildings are within the planning department? >> correct. >> any other questions? vice president goh: but there

first, congratulations president goh and vice president garcia. it think it very much for your continued service. -- thank you very much for your continued service. the board of supervisors heard the appeal of the informal review document on january 11 and the board unanimously upheld the ceqa termination. i personally did not see any new information that could have been presented at the previous hearings. also, what i will leave the finer legal distinctions to the city attorney, this is not a variance should the board find that it is a legal not complying structure. that is different from a variance. that is creating a new discrepancy from the planning code. this would be the board's findinth

commissioner garcia: it looks on to ms. lyon's -- lyons' windows, but it is unfortunate, as a by commissioner fung -- as said by commissioner fung, the views and privacy than she has enjoyed for over nine years will be affected. had the owner of this particular property chosen to get involved, it is very possible that to avoid this process, they might have either paid for or helped pay for skylights. they can be opened so you can get additional air. i think we still have one pending issue, and tha

commissioner garcia: mr. kornfield, is it your opinion that this board should consider the effects of noise on neighbors and tenants? >> i think that is a legitimate concern for the board, and i say that because the building code since 1974 has addressed noise concern for individual -- for residential units. noise concerns have to be addressed to reduce outside noise, between us, as well, so i think it is in the legitimate code issue, one that would be legitimately be before the board, in my you personally. commissioner garcia: maybe this is not a question for you, but if this individual is a tenant and had some legitimate

. >> commissioner garcia? >> aye. >> president peterson. >> aye. >> commissioner wang. >> aye. >> thank you. the granting of the variances is -- the vote is 4-1. the granting of the variances is upheld on that basis. >> the last item on the agenda is your consideration of proposed amendments to the board's rule. for the last few months, i have been working with president peterson and vice president goh on coming up with language that might be useful to consider in order to try to clarify the rule to make them more understandable to the public, more consistent with the board's practices, and to make sure that we are operating in accordance with any relevant legal requirements. you've been provided with copies of the proposal. an overview of the provisions have been posted on the web site so that the public has been given an opportunity to review them as well. i thought what i would do is walk us through the more significant proposed changes and make any comments along the way so we can move these forward. i thi

vice president garcia: mr. sanchez, is a typical one a building this historic, for the planning department or any other department to get involved in issues involving the interior? >> not unless the interior is historically significant. to my knowledge, this is not one of them. they had an adverse impact on the exterior, and in this case there would not be adverse impact. vice president garcia: except to the facade? >> yes, and they felt that it could have remained to the front, but to be extra cautious and considerate, we would ask them for the setback. thank you. commissioner fung: mr. sanchez, it did your staff visit the site? >> the staff visited the site numerous times. i do not know if one was conducted as has been stated. this is an ongoing issue. i believe that staff, when the first complaint was made about the dropped ceiling, i believe that was the time. commissioner fung: in a report from them as to what established a height of that ceiling? was it some type of hvac duct from the structure above? >>

commissioner garcia: mr. sanchez, paragraph two of the questionnaire's materials address is something you said, that financing was readily available. maybe you just spoke to that, but my memory was you said it was available. i think he conceded the fact it is difficult to get. it is my memory correct? >> i just reviewed the comments from the hearing on the website, and there was one passage where i said they were able to obtain financing in order to do the construction. i would have to review further to say whether or not there were additional comments, but i don't have any knowledge of the financing, nor is that really the reason that the variance was denied. the variance was denied because it is inappropriate. >> is there any public comment? >> my name is ruth davis. i have lived on pennsylvania avenue 47 years, but i have been in this neighborhood 56 years. i live next door to the house, adjacent to the little house. there is one correction. when the big house was built on pennsylvania street, that was the

en los Ángeles, jaime garcÍa, univisiÓn. >> el fondo millonario que aprobÓ el congreso hace unos dÍasquienes quedarÁn por fuera y por quÉ. >> no cabe duda para miles de trabajadores que limpiaron la zona cero despuÉs de los ataques terroristas que sus problemas de salud empezaron meses despuÉs. >> y ellos no tienen cÓmo probarlo, que por lo menos consideren que nosotros estuvimos en la zona cero. que trabajamos allÍ. que desarrollamos a lo mejor las otras enfermedades que tenemos. >> marta trabajo medio aÑo limpiando la zona cero y le diagnosticaron cÁncer al sistema linfÁtico. ella dice que nadie en su familia padece de la enfermedad. como ella, muchos estÁn bajo tratamiento mÉdico y han sido diagnosticados con serias enfermedades. >> en ese entonces dijo que el ambiente era muy sano, pero no era tan sano, habÍa mÁs de 3000 quÍmicos. >> por peso en diciembre pasado el congreso aprobÓ cerca de $ 3 mil millones para compensar a los que se enfermaron por haber estado expuestos a los tÓxicos mientras trabajaban allÍ. >> era una gran preocupaciÓn quÉ iba a pasar a través de los aÑos. lo q

commissioner garcia: aye. president peterson: aye. >> the boat is 5-0. this matter is continued to january 19. president peterson: thank you. when you are ready, colorado item 5, please. -- call item five, please. >> item 5, appeal no. 10-113, alison faulkner -- eillison folk versus the department of public works bureau of urban forestry. it is a protest of an issuance to the department of public works of a tree removal permits for 14 trees, order # 178,902. president peterson: thank you. we will begin with the appellant. you have seven minutes. >> good evening. i am here today along with a number of people who live on the 1300 block of mcallister street because the department of public works is planning to remove 14 of the street trees that are on the street right now. that is about half of the trees on the street. these are all mature chinese elm trees that are really critical to forming the character of the street. the trees are, as i said, mature. they have been there a long time. it is not typical in san francisco to have a block where you have such

vice president garcia: it would be 360. $180 is what you should have paid. nine times that plus the original fee it would work up to 10. >> i am not really up on the fees down there. i think it is around that. president goh: thank you. any other questions, commissioners? i think we have a rebuttal. >> ms. martinez-smith? >> the only thing i want to add is that my parents are not denying the fact that they put the cover up. they just were not aware that they would need a permit to do that type of work. they are not people that normally build things. they are simple people. this was a very basic idea to protect my mother from the wind. in putting up what they thought was a regular, simple solution to the problem -- it turned out to be this very huge problem that cost them a fortune. the gazebo itself cost them $1,000. what they paid in fees with all the plans they have submitted is well over $4,000. we have receipts for the different architects they ask to put the plans together which were never accepted by the city. that is the main issue. what was supposed t

ivice president garcia: i would agree. that surprised me when i first got involved in the board of appeal that the board upheld communities on issues having really to do with aesthetics. the board's basically have said, the planning commission, whoever grants permission to a building, they have the right to make the determinations about the things that are static. i don't know that that generally applies to the interior of a building. but i think i am going to go along with this because it will be visible and aesthetically it sounds like it is pretty displeasing. one thing, not to pick on president goh, but one thing that planning used to do, whether or not somebody starts work without a permit has absolutely no bearing whatsoever on whether or not a permit ought to be granted. that should be a stand-alone issue. if somebody started work without a permit, there are processes in place to deal with that and that should always be totally separate from whether or not somebody is working without a permit. so i will go along wit

vice president garcia: aye. commissioner peterson: aye. >> the vote is 5-0. >> item 8 has been withdrawn. we can move on to item nine. >> item 9, appeal and 10-123, mario and teresa martinez, appealing the imposition of penalty on october 26, 2010, for construction work done without a permit. >> my name is ms. martinas- smith. i am the doctor of mario and teresa martinez. -- i am the daughter of mario and teresa martinez. they have asked me to speak on their behalf. i think this could go quickly and be your easiest case of the evening. the issue is that my parents, who are retired, have many health issues going on, but the primary issue is the fact that my mother has major spine problems. she has had numerous amount of surgery'ies. she walks bent over, as you would notice. it was recommended by her doctor that she exercise in water to help the circulation of her legs. this was two years ago, after she had her breast surgery. my father, in trying to help her with the issue of keeping circulation in her legs going

vice president garcia: i am sorry. i am not sure where you are. president goh: three lines from the bottom, the parenthetical statement that ends with "appellants testimony." i would add the documents prepared for today's hearing and testimony we have heard. >> with regards to a paragraph to, if the basis of the board's findings of an permitted work includes the building of the counter that commissioner hwang was referring to, that is not referenced in the current findings. president goh: demolition and construction by city lore -- is that addressed? >> it would be the first section. i think the first and last sentence, maybe the first and last sentence, add that. president goh: ok. >> site preparation, construction, and demolition work at the property. and then at the last sentence, the board finds that the demolition and construction -- president goh: i think am looking at a different version. >> excuse me, commissioners. i have a question about the procedure that is going on. president goh: we are adopting findings. >> i thought there was going

vice president garcia: the d.c. anything in the papers that caused you to feel if the bi had been aware of anything going on there they would not have been drawn -- it would not have drawn an issue to nov? >> i checked the plumbing fixtures again while i was investigating this in preparation for the hearing. as you state, if you are not cutting at the pipes and removing the fixtures like a toilet or a cent, that would not be able violation. vice president garcia: did you read the material having to do with the counters in the walls? did you feel that perhaps work had been done that was not properly permitted? >> investigating the complaints that were found -- that were filed, there was one in 2010, worked not according to plans. that was debated by a building inspector on june 1. he saw the work was being done in accordance with the plans. the second complaint was filed on june 8, which was that the work had started without a permit. but by june 8, the permit had been issued for two weeks. the complaint came out a c

¿tÚ temor por piedad estÁ relacionado con juliÁn garcÍa?go estÁs corriendo con haberme defendido pÚblicamente. >>¿tÚ crees que daniel vidal estÁ detras de todo esto? >>¿daniel vidal? >>sÍ, daniel vidal. Él es el padrastro de juliÁn garcÍa. me lo dijo pedro pablo. quizÁs tÚ piensas que Él estÁ rondando la clÍnica donde trabaja piedad. ¿es eso lo que tÚ piensas? [♪] [ locutora ] avena hecha con grano integral 100% natural y una buena porción de fruta de verdad. ¿cuándo algo bueno para ti te había hecho sentir así de bien? nueva fruit and maple oatmeal the mcdonald's. recién hecha para ti. eso es de lo que estamos hechos. ♪ [♪ tema musical ] >>ahÍ estÁn mis abuelos. julián: ve con ellos, mi'jo. piedad: no te preocupes. si es necesario conseguiremos el mejor psicÓlogo para que nos ayude con Él. >>necesito saber cÓmo estÁ matilde antes de que emilio la vea. no quiero que se impresione. >>mira, es el doctor que atendiÓ a matilde. >>doctor gibson. >>¿cÓmo estÁ? >>¿cÓmo va evolucionando matilde? >>bueno, tuvimos una emergencia, producto de una desc

commissioner garcia: think you. president peterson: i would like to hear about ways we can get a representative at the time of the testing. this is so that each party can look at the rating. vice president goh: is there a motion on the table? that they did the test and that the numbers were not good, and then we did not hear about it, jimmy, that suggests that there is no reason for us to continue this. we gave them a chance. we asked for it very explicitly. they did not do the testing and then provided us only here at the hearing with only ambient results. i mean, 82.3 is to allow. -- too loud. commissioner fung: that is when it is outside. excuse me. we are not taking testimony. it is up to you. if you want to call for a vote. vice president goh: let's see what happens with the continuance. i am unlikely to vote for a continuance given that we have the numbers that we have. commissioner hwang: the reason i am moving for a continuance is that the process was not proper. even if he had the data that was requested of

con el vocero policial jose garcia ....y nos va a explicar en detalle de que van a estar hablando hoy ... ---- buenas tardes a ti y a jose, blanca .... ===take live blanca == ====blanca garza desde el departamento central de la policia de san jose hablando con el vocero acerca de la nueva politica de no llevarse automaticame nte los carros sin licencia ===== cu - calls tease ----gracias blanca .... ----- le recuerdo: usted podra hacer preguntas al vocero policial jose garcia durante el programa, en el tercer segmento de hoy .... sobre este tema. ---- solamente recibiremos llamadas telefonicas .... como siempre gratis. ---1-866-229-4848 .... ---le repito el numero: ---1- 866-229-4848 .... ----vaya llamando desde ya !!!! cu - bump out policial jose garcia durante el programa, en el tercer segmento de hoy .... sobre este tema. ---- solamente recibiremos llamadas telefonicas .... como siempre gratis. ---1-866-229-4848 .... ---le repito el numero: ---1- 866-229-4848 .... ----vaya ---1-866-229-4848 .... ---le repito el numero: --