president goh: the next board meeting is february 8. vice president garcia: so that would be three weeks? >> three weeks, yes. president goh: is there any public comment on this item? seeing none, commissioners, if you are inclined, we need a motion. >> so moved. president goh: call the roll please. >> we have a motion to rescheduled to february 8. on that motion -- commissioner fung: aye. vice president garcia: aye. commissioner hwang: aye. >> this matter is rescheduled to february 8. president goh: we will move now to item number one, general public comment. is there anyone who would like to speak on an item that is not on our calendar? seeing none -- oh, please step forward. >> good evening. this is indirectly related to an item on the agenda tonight. president goh: we should wait and speak during the item. thank you. any public comment under item number one? we will move to item number two. that is the election of officers. the rules state that the president and vice president shall be elected at the first regular meeting of the boa

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. >>

secretary pacheco: president goh. president goh: aye. item 12 was postponed. director i feel like all of us are starng to see what the problems in this country are. i think plenty of people are opinionated. i don't think there's many forums where you can really express yourself or try to make a difference or anything. i mean...wha'...whatdo... what do i do, ya' know? the only people that i'm able to affect are the people who care about what i have to say. there is something you can do, but i'm sure it wouldn't be, uh...easy. different man: i get angry about it, but it's like... ya' know, in my own apartment. [laughs] >> this is holly lee knox. there are some proud pet owners in san francisco and they have brought all their pets here to strut their stuff. >> it's an annual event that we've had. this is our 18th year. we bring in rescue groupers, vendors, supporters, lots and lots of animals. it's a proud day for us and for the animals of san francisco. >> the costume contest is really fun. people get really creative. it's a really fun event. people go all out,

secretary pacheco: president goh. president goh: aye. item 12 was postponed. director >> this is one of the museum's longest art interest groups. it was founded by art lovers who wanted the museum to reflect new directions in contemporary art. it has been focused on artists in this region with an eye toward emerging artists. ♪ it is often at the early stage of their career, often the first major presentation of their work in a museum. it is very competitive. only a few artists per year receive the award. it is to showcase their work to have a gallery and publication dedicated to their work. ♪ i have been working with them on the last two years on the award and the exhibitions. the book looks at the full scope of the awards they have sponsored. ♪ it has been important to understand the different shifts within the award program and how that is nearing what else is going on in the bay area. -- how that is mirror beiing wht else is going on in the bay area. ♪ there are artists from different generations sometimes approaching the same theme or subject matter in dif

president abbas -- president goh: is it in there? >> i see it permit back in 1966, so i'm not sure when the work would have been done. i do hear someone say they are putting in cabinets three times, but there are no building permits for cabinets prior to -- i went back in the records today in the microfilm. i did see the windows permit, which was expired and never got a final inspection, and then there was a roofing permit. they did take up the permit obviously, and that is why they are here. in september, to comply with the notice of violation. that permit is in place, to remove those two units and revert back. president goh: has that happened to >> it has not been signed off on. -- has that happened? >> it has not been signed off on. president goh: the nov was may of last year/ -- ? >> what happened was that there was a fire, and mr. sweeney has to go out there immediately, and there is a fire. there is structural damage to the building, and they may have pointed out because of the fire, and it could be electrical wiring. there is

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: we did hear from ms. short who indicated limb failure as a concern, more of a concern from her standpoint than the root trimming. i am looking at a photograph of the view of the close to launch- recess area. i am wondering if the school considered the cutting of those limbs there, the ones that would overhang into the yard area. did you consider that as a viable alternative? >> that would be one thing to do. i think the concern for us and in particular with regard to that tree is the assessment that the tree in its totality could fail at the rear -- root. if that were to occur, the direction of fall would be into the area that has picnic tables and used for our kids for a luncheon recess. i do not think that trimming the the limbs on that tree would address the issue. president goh: is that in your submission, the movement, if you were to simply cut the limbs and the direction of the routes based on how their work cut would suggest -- >> i did not address that. president goh: where did you get that from?

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

commissioner goh: thank you. >> in terms of this case, this is a tree that's currently the maintenance responsibility of the department of public works, and it was identified for removal by our staff after we have been monitoring it for several years. we did perform sidewalk repairs around this tree a few years ago. it's a species that is not highly tolerant of root pruning. we did not have to remove a substantial number of roots and repair the sidewalk but did have to remove some roots which is why we have been keeping an eye on it. in my brief i submitted some photos that i think showed the lean of the tree. if i can have the overhead, i'll just point out two photos first. >> where do i sit? wow. commissioner fung: please continue. >> this is a photograph i don't know the contrast is sufficient but i wanted to show, you can see the area of new sidewalk, it's the lighter color in the photograph. and i think it -- commissioner goh: would you please not disturb this meeting again. president garcia: it's not approp

commissioner goh: thank you. president garcia: i know whatever letter people got was a courtesy letter and was not required by the legislation. but did you happen to check whether -- did you have a list of people who received the letter and did you happen to notice whether or not the appellant got the courtesy letter? >> the department in this specific case was given a printout from the police department specifically. we did our best faith effort to extract that printout into a series of mailing addresses for this mailing. the courtesy notification. we do not believe the applicant in this case was necessarily on that list. based upon records provided by the applicant, he acquired a permit in approximate august or september of 2010 and is approximate two months prior to the change in legislation, so the public works did not know exactly what happened within the police department process. commissioner fung: how many other license holders we'll now call m.f.f.'s, failed to properly reapply and weren't wear of the ne

president goh: we will move on to item seven. protesting the issuance on october 282011 to the viet duong company, ltd. mobile food facility permit. we will start with the appellant. is the palin here? yes. thank you. you have seven minutes. to present your case. >> i am the vice-president of general manager, located at the corner of bush and samson. i am here, i work for the agent representing, the owner of the building. located out of frankfurt, germany. i am here today to protest the issuance of the permits to the company. at one bush. despite the fact that this is not our building where the permit is being issued, this is the reason i brought this poteau. to show you -- it is hard to see because it is small. this corner right here is the corner where the permit has been here. president goh: a wonder if you could slide the picture over because you are off the screen. >> the other building is -- that is where it will be located? >> i believe so. we have two mobile food trucks. permits have been issued for our building. the othe

commissioner goh: i have a question. your permit, you have a -- first question is did you understand what was stated earlier before you came to the podium with respect to this appeal? >> some things, yes. commissioner goh: did you request a translator? >> he was going to -- he thought a relative was going to come. the relative could not. commissioner goh: so you did not request a translator from this board? >> no. commissioner goh: the next question i have is you currently have a pushcart permit, correct? >> no p. >> no. he has an application and the papers that he's paid for, i believe he means the radius maps. vice president hwang: and your application is to have a permit at the exact same site at 2305 mission street? right? >> 2301 mission. right on the corner. and he says that when he applied ms. stacey told him no one sold there. commissioner fung: does he have a location i.d. number on his application? >> location i.d. number? as issued by d.p.w.? [speaking in spanish] >> he's given me a payment receipt on d.p.w. l

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

commissioner goh: thank you. vice president hwang: with respect to the replacement tree, how is that process handled in terms of talking to people what are attached to the tree that's removed in this case the appellant or other people who might be affected by the selection of the tree? >> in terms of the replacement species? president garcia: how do you go about that? >> for trees we have a maintenance responsibility for we have a recommended replacement species and on fell we've been using the brisbane box. it is a very fast-growing species and does, i think, oftentimes is a good species to choose if people are concerned about the loss of the size of the tree. however, we are always open to discussion with neighbors if people express a particular interest in a species and it has a similar maintenance need to the species we already have on the street, then we're often willing to substitute. vice president hwang: you wait for a member of the public or interested party or in this case the appellant to approach you?

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

president goh: is there any public comment? >> what was the variants log? >> it was different set back variant. president goh: is there any public comment? seeing none of the matter is submitted. >> this is unfortunate. we do not have any evidence there was any intention on the project sponsor to deceive their neighbor. i do not think that was the case. i mean this respectfully. it is our responsibility when a project is taking place that we think may affect our lives to go out and try to determine on our own with those dimensions will be and how it is going to look. we might want someone to look at it and sign off and say this is what iit is going to be like. i am sorry but nothing has been presented to us that should cause us to grant jurisdiction. >> i feel likewise sympathetic to the requestor. likewise disinclined to grant the request. >> if you look at the photos, it would have been hard to imagine from the story polls the deck on that roof would have been lower than the appellant's deck or the jurisdiction requestor's de

commissioner go. -- goh. president goh: we will take a short break.

secretary pacheco: president goh. president goh: aye. item 12 was postponed. director goldstein: there are no further items on tonight's agenda. president goh: adjourned. captioned by the national captioning institute >> hey, kids. ready to get out and play? check out these totally extreme classes. indoor street hockey, martial arts, kayaking, repelling. want to catch some waves at the beaches in norcal? >> how about grinding rails at your local rec center? let's check out two programs with sf rec and park. get out and play in the beautiful beaches of northern california. the best time of year for norcal surfing starts in the fall. september and october are typically the warmest months of the year with highs in the 70's and great offshore winds. water temperatures range in the mid 50's, so get your wet suit on, and jump in. we provide search gear, wet suits, surfboards, and of the boards. students learn all about safety and ocean. start with the basics, like footsteps and body position. get to know your beach by learning about ocean swells, tides, and recurren

secretary pacheco: president goh. president goh: aye. item 12 was postponed. director >> welcome to culture wire. we will look at the latest and greatest public art project. recently, the airport unveiled the new state of the art terminal. let's take a look. the new terminal service and american airlines and virgin america was designed by a world- renowned architecture's firm. originally built in 1954, the building underwent massive renovation to become the first registered terminal and one of the must modern and sustainable terminals and the united states. the public art program continues its 30-year legacy of integrating art into the airport environment with the addition of five new commissions that are as bold and dynamic as the new building. >> this project was completed in record time, and we were able to integrate the artist's early enough in the process that they could work with the architect said that the work that is completed is the work that really helps complement and instill the space as opposed to being tucked away in a corner. >> be experience b

commissioner goh: i agree with what the vice president's said. i am also alarmed about the planning potential failure to accommodate reasonable accommodations. hopefully that will be addressed. otherwise, i think that it is, given the jurisdiction request er's concerns about dust and noise, that the construction might affect you and your neighbors' lives, i wonder if speaking with dbi and attempting to control that might be a good avenue? mr. duffy is nodding. he is amenable to hearing from you about those issues. president garcia: is there a motion? commissioner fung: i'm going to move to deny it jurisdiction. president garcia: before we take a vote, mr. duffy, will you give your card to ms. bryson? obviously someone who is involved in issues in that neighborhood. both of you would benefit from that communication. thank you. >> we have a motion from commissioner fung to deny both jurisdiction requests. president garcia: aye. vice rpesident hwang: aye. commissioner goh: aye. >> we are now moving on to item no. 5. -- item #6. 1290 fell st. she wil

president goh: can everyone else lined up? >> i live directly from these -- across from these trees and half for 22 years. if i had been able to i would fight for my own tree which was in front of my house. i want to assure you, this is directly across the street from two of those trees. this is my -- i live on the entire top floor. the tree that got cut down, can you see it? the canopy spread all over the rooms. i had two certified arborist tell me it was fine but the city arborist said it was not. it was cut down. i was not appealing it because i was given the wrong feet for the appeal on that tree. cynthia goldstein called me with an ice apology about that. i am supporting toward these beautiful trees in my neighborhood. this is the view from my house. it can see that. -- you can see that. that is one bedroom looking at the trees they want to take down. here is another from another room of my house. you can see the trucks -- trunks. i had another tree entirely in front of these windows before. this is new year's eve they cu

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 any given day. >> in many cases, we approve certain permits because one

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