president goh: aye. >> the vote is 3-0. president goh: we need a break. commissioner garcia: thank you. >> welcome back to the december 14 meeting, i am ready to call item 7a- 7d. through 7d. the appellants are -- [reading names] this is the protest of the mobile food facility permit. president goh, i believe the permit holders agent would like to address the board. >> thank you. on behalf of the permit holder of these locations, i have been speaking with the appellants and would like to ask that this board, without a public hearing, save us the time and difficulty of that, to proceed to disapprove hora pulled this permit, disapproving the two locations at beal and california street and to uphold the other locations of the permit. commissioner garcia: mi ssission and washington? >> i have spoken to the appellants and they agree with that. >> should we ask for the appellants to address the board as well? we'll do that, starting with the appellant. this is in specific reference to the proposal, 97 minutes of testimony. -- not the 7 minutes of testimony. >>

president goh: we can hear from the permit holders now. you also have seven minutes and i apologize if i mispronounced your name earlier. >> the project for our residents has always had the intent to design and build what is within our rights according to code and guidelines, and to be neighborly. we have been up front and try our best to talk to our neighbors with a specific time lines and documentation that we included in the submitted a brief to you, which i think you for reviewing. we can understand his concerns, but we are not and will probably never be experts in code and guidelines. it is our first residents. he will have an island and we have looked at this residence since 2005. we have relied on the architect and the city and planning department to ensure the project fell within guidelines. we wished he would have come forth during the process or before the that we could have submitted alternative plans that would have over for us -- worked for us. we wanted to accommodate needs, potentially for a family. we do not wish to be at o

president goh: thank you. commissioner rcgarcia: i know it is of no relief, but maybe you'd be interested in trying to amass some data that would shed greater light on the impact on brick and mortar operations. in a way, it is one to be interesting. -- going to be interesting. i would take issue that there is something wrong with our process. there are five attached to one permit. that is not unusual. it is not usually cumbersome. it is because we have all of these other things to nine associated with these other locations, it the other hearings, it made it cumbersome, but you are not barred for continuing this and having your day in court. it is not this board that a short circuit in europe due process by any means. -- that is short circuit in -- circuiting your due process by any means. president goh: did he do something? >> perhaps we should let him. but with the tenants we are representing, we accept the settlement -- >> with the tenants we are representing, we accept the settlement, and we will withdraw o

president goh: thank you. commissioner garcia: mr. kwan, do you have dp order 71944, article 5.8 of the public code in front of you, sir? >> yes, sir. commissioner garcia: there's an i -- it would be page four, i- 2. the language is on page 5. and you think there is a distinction to be drawn between like food and similar service? >> there has been a historical argument throughout the various cities that we discussed as it relates to food. commissioner garcia: i want to know whether or not the concept of like food -- also it talks about the fact that it is a similar type of food product. i am asking you if you think that is in counter distinction of like food. is that one concept? >> it is 1 in the same as the with the department interprets its. commissioner garcia: the sentence is written that the interpretation that one ought to give is that someone is selling food to go, it is a similar type of operation. it seems as though they try to encompass both concepts theory it seems to me as though the idea that these are operations where t

president goh: aye. >> the vote is 3-0. president goh: we need a break. commissioner garcia: thank you. director: this is the board of appeals meeting. are you up to addressing that issue? >> yes, i just want to say two things. the first and i want to say is that i am giving up future locations in the city of san francisco because of this, and i think the city is going to work because of that. i get it, but i have to protect my business today, so i just feel i am put in the middle to make, and it is not really a fair process would have all of this is working now, fell at this point in time, i guess we would just have to look outside the city for sure for until this gets worked out. these are the kinds of things that are going on. it is really not helping my business, that is for sure, so even though i am agreed to settle, i am not satisfied with that whatsoever for my future. it certainly will protect my career locations, and i just really do not think this whole process that one permit stress everything in here we are, i just do not know. i just think th

president goh: aye. commissioner fong: aye. president goh: we will move on to item 6 a-i.ill call those now. the appellants art sheila murphy, umberto gibin, michelle funkhouser, david davari, john isaacs, osman zughayer, muna azzghayer, arsalan najmabadi, howard fish, carlos aguilar. we will give each of the appellants an opportunity to speak in order of the appeal number. then we will hear from the permit holder and the department and take a couple of comments. we will start with the appellate for appeal #103. vice president garcia: before we begin, you did not say how everyone gets seven minutes. >> the time is at the board's discretion. she has indicated she would allow them 14 minutes for testimony and six minutes of rebuttal. that time could be adjusted as necessary. vice president garcia: if some of kellan before you has stated most of the fact or the evidence, if you would want us to consider, would you consider not repeating that and not feel compelled to take your entire seven minutes. if it gets too repetitive, we might lose track of the points you're trying to

president goh: agreed.

president goh: i tend to agree that if we need to continue. commissioner garcia: we might have a change of heart. >> i feel at this time, that you know, we are obviously upset about the other two locations that are right in front of us within 100 feet. i am glad he is pulling it and he doesn't have a bathroom at this point. if we go ahead with this other location, it is one of the locations we were looking at for expansion. i don't know what to do at this point. i don't want it to affect my current business or future business. president goh: when an appellant has concerns, it is important to have a hearing. >> and the first question, do they even have bathrooms? commissioner garcia: you are not able to address them, you addressed the board. president goh: let us have a conversation about what to do about the bathroom certificates. >> commissioners, it seems another continuance might be in order. commissioner garciafung: it's nn order if the permit holder submits he will waive on that particular item. >> the certificate that he has a restroom.

president goh: thank you.ny other commissioners? i have a quick comment i would like to make. it has to do with allegation ways we receive from a member of the public that certain attorneys or individuals have access to us as commissioners and others do not. i want the public to know that we take those kinds of allegations seriously. we in fact modified our rules last year to address the issue. just for a reminder, for people who might have missed it, i am going to read our rule number five, section 5 which has to do with communications of the board. -- with the board. the board is a quasi agenda carry a body whose decisions are rendered on the evidence. in order to preserve the fairness and integrity of the board's proceedings, any evidence of the parties or members of the public wish the board to consider in deciding a case must be part of the public record as follows. i am paraphrasing here. the parties and members of the public should present evidence only as -- at a public meeting like this or through the

president goh: comments? >> your time is expired. commissioner garcia: we don't have a lot else going on tonight. commissioner fung: perhaps it will lean toward a solution. two issues about the appellant, their property, it appears that the

commissioner goh, aye. commissioner garcia, aye. the 70 day suspension is upheld with those findings. >> thank you. item 5a. the appelants are aristo investment group. there is locations for a mobile food facility permit, no. 11 [unintelligible] issued to docks of the bay. the dpw president of would like to speak first. >> good evening, commissioners. the department is requesting a short continuance for these appeals because the department did not receive briefings from the appellate bodies. it was not until we contacted the director last friday that we received documentation. we did not have sufficient time to reveal the briefing. we are requesting a sure continuance. >> is it a one week continuance you are requesting? >> as soon as possible. >> are you interested in submitting briefs? >> that is the intent, yes. >> i recommend that we hear from the other parties on this issue. we can start with the appellants. do you want to set a time limit? >> on the continuance question? >> we have a full house. why do we wer-- don't we wait. h

president goh: comments? >> your time is expired. commissioner garcia: we don't have a lot else going on tonight. commissioner fung: perhaps it will lean toward a solution. two issues about the appellant, their property, it appears that the extensive entitlement that allowed on the property was done before they bought it. therefore, that extension was probably done whether it had been reconstructed and got is a different issue and it doesn't have as much pertinent to my decision tonight. the question of the view from the kitchen window unfortunately goes across as someone else's property line. that is not necessarily protected.

president goh: aye. >> the vote is 3-0. president goh: we need a break. commissioner garcia: thank you.

president goh: bidault what year that building was built? and it looks like -- and do you know what your that building was built? it looks like it has been around for quite awhile. >> we established in 1921, -- reestablished -- wheat establishd 1921. [unintelligible] >> any public comment on this item? >> my name is william honeywell , property owner. adjacent property on fulton since 1992. it seems consistent with that date. i am here, friends and neighbors of both the kwans and mike and erin. i am in support of the kwans. i feel that not being directly affected by extension myself, as much as the support anybody that does property improvement, i feel like it should not be at the degradation of the property. i feel like this kitchen window is going into a dark hall. that would be -- that would be my concern that we are setting a precedent, white and when does get blocked. i am sympathetic to both parties and i hope that they can come to some sort of agreement. >> next speaker, please? >> i am a neighbor to the north. i think the neighbors h

president goh: we can hear from the permit holder now. >> good evening president goh and members of the board. i am with the law firm of rubin and junius in san francisco. i appreciate your time tonight. he made a few statements that i think miss characterized the status quo of the project and what has been happening over the past few years. first of all, the permit that we are talking about is a permit to remove some pieces of wood that remain on 15 guy place property. the person who called in to the -- who called in the complaint as a means to leverage, we do not know that for sure, but we were simply trying to respond to the notice of violation. he says that there are some shoring issues, the debt is not stable, the whole thing will come crashing down if we do not -- if we allow this permit to proceed. a couple of points about that -- if you look at the notice of violation, and the underlying permit, and you have a copy of the notice of violation. that is attached as exhibit f to my brief. it talks about -- pardon me. it refers to the two by four wall constructed at the rear side wit

president goh: we are going to take public comment in a minute. that we are trying to make an assessment for how long. >> we will give two minutes to each person. i would like to invite the director of the small business commission to speak first. president goh: absolutely. >> regina, director of the office of the small business commission. our office was involved in creating the new regulations for the mobile food, so i will be here to make myself available and i have been monitoring the permit process and the hearings. i have written a letter to you and it should be in your package recommending that the board of holvis the recommendations for these permits -- the board upholds the recommendations for these permits. many of the comments that you heard any concerns from the appellants that we have heard in other hearings fall in a policy matter as it relates to how the program is structured and is not so much how dpw is interpreting the regulations. because of this, supervisor wiener has convened a couple of meetings and we have put together a tas

president goh: how much has to go to each of these individual agencies? >> and the new global food program, for the applicant, they would apply to us for not only the dpw permit, but the fire department to continue that process. it will approve specifically. it is required for the facility, and they have a tax certificate. president goh: that includes the certificate of sanitation? so we should have had on hand tonight? what idea and the financial district is already saturated and is not in the of the vitality for the culture, the vital culture? >> i can't speak from the department perspective, but the first appellant stated that there are 30 some odd restaurants. chipotle will be operating in a very short time. i am not certain in this case whether, in this specific case, there are 32 restaurants and chipotle that would create a situation. it doesn't appear that there would be an issue as it relates to competition. >> it was suggested that there are limited numbers of food dollars in anygi

president goh: we are adjourned. hello and welcome to the special rules committee for december 8, 2011. i am joined by supervisor elsbernd and sebree is our faro. the court today is land that -- linda wong. we would like to acknowledge john ross. >> the items that are recommended to go to the full board unless otherwise indicated. >> can you call item 1? >> appointing malia cohen. supervisor kim: is there any discussion? i would like to open for public comment. is there any public comment on item number one? seeing none, public comment is closed. >> i want to help -- thank you for making this happen to make sure that malia can be on the board. supervisor campos: thank you. -- supervisor kim: we can do that without opposition. is there anything else on the agenda for the 125 pm meeting? no. this meeting is now adjourned. we will began our special committee for the 1:30 p.m. meeting. can you please call item no. 1? >> appointing to the term -- a point to the treasury oversight committee. supervisor kim: we have a repre

president goh: i think the trucks are a really great idea. i am with the board of supervisors on putting this legislation in place. i think it is the wave of the future. it is exciting. it is what young people want. i am not so young -- it is what i want. there is something appealing to it. it is quick. the tech craze, the things mr. paul was speaking about. and yet, in the application here and the way it has come through dpw, i agree with vice president garcia that we could not approve it tonight. because there must be current compliance and there is not. i think we do not have a choice in that regard. in this particular area, maybe the hearing officer could have looked at mitigation measures around the area being fully by elisa, density considerations, ms. dick asked the question how many is too many? maybe there are too many here. the economy has a lot to do with it. we have heard from one appellant owner that all of the money is made in 1.5 hours. i believe that. it makes sense in this economy. if we were in a fleshy economy, maybe it wou

president goh: comments? >> your time is expired. commissioner garcia: we don't have a lot else going on tonight. commissioner fung: perhaps it will lean toward a solution. two issues about the appellant, their property, it appears that the extensive entitlement that allowed on the property was done before they bought it. therefore, that extension was probably done whether it had been reconstructed and got is a different issue and it doesn't have as much pertinent to my decision tonight. the question of the view from the kitchen window unfortunately goes across as someone else's property line. that is not necessarily protected. i do know that the appellants property as compared to the other properties have three sides of their building providing light and a view. and it is significantly greater than those bounded by zero property lines. i am supportive of the idea that going to the property line on the south side makes the entire situation of the -- not only the larger building on the corner, but also creates a less than desirable si

president goh, there is no further business this evening. president goh: we are adjourned. >> sanrio famous for the designs for hello kitty. i thought i would try to make it as cute as possible. that way people might want to read the stories. then people might be open to learn about the deities and the culture. ♪ they reached out to make about five or six years ago because of the book published. they appreciated that my work was clearly driven from my research and investigation. after i contributed my artwork, the museum was really beside themselves. they really took to it. the museum reached out to me to see if i would be interested in my own space inside the museum. i tell them that would be a dream come true. it is the classical, beautiful indian mythology through the lens of modern design and illustration and storytelling. they're all of these great sketch as i did for the maharajah exhibition. i get a lot of feedback on my artwork and books. they complement. they say how original the work is. i am the first person to say that this is so