president hwang: did you say

[applause] president hwang: thank you. director goldstein: seeing that vice president hwang been elevated, the position of vice president is now open. either any nominations? presidents hwang: i nominate commissioner fung. director goldstein: any other nominations? is there any public comment? seeing none, mr. pacheco, could you please call the roll? secretary pacheco: we have denomination from our new president hwang elevate commissioner fung to the position of vice president. on that vote, commissioner fung, hillis, hurtado? the vote is 4-0, and commissioner frank fung is elevated to the position of vice president of the board. director goldstein: congratulations to you both. item number four, -- item number three, commissioner comments and questions. seeing none, we will move to item number four. for your discussion and possible adoption are the minutes from the meeting of may 16, 2012. president hwang: i move their approval. director goldstein: other any comments on the adoption of minutes? seeing none, mr. pacheco, co

president hwang: thank you. director goldstein: a kid, we will hear from the department now. mr. choy? -- ok, we will hear from the department. >> hello, a junior engineer for dpw. we did do a 300 notice with off the grid, and once we send out the notification, we noticed that their location -- at dpw, we cannot issue a permit on the jurisdiction, so we moved them around the corner on to the dpw jurisdiction. let me show you where we move them on the map here. the yellow is port jurisdiction right here, and this x, that is where the wanted to get their proposed location. we sent out a mailing, recognizing that, so we move them right around the corner, which is the dpw jurisdiction. we made the changes to our notice, and then we uploaded that information to our website. after that, we did not receive any objections to this location. the application did have objections, but that one was withdrawn. president hwang: i am sorry to interrupt you. would be helpful to understand the chronology. the process? >> i do not

president hwang: when was it? february? march >> i think the february 1 was a renewal, and the march 1 was the first issuance of the approval. president hwang: this is where the was a single drop permit? the one located within the 300 feet of grumpy's? this was issued initially in september 2011, and there was no protest, no objection? >> there were rejections that we've worked very hard to resolve. this was well outside of the 300 foot radius, and we contacted them. grumpy's existed. when we went to use the multi- truck permit, which we thought was ok, starting in april, and we actually did not, we do not serve hamburgers in this location because we were trying to make an accommodation with grumpy's. we thought there would be no objections. that is when this opposition came out. president hwang: maybe i am confused. you started selling food out of that truck. this was on september 9, 2011? >> that is correct. president hwang: and you served four times, but after september, did you continue serving, or did you suspend opera

president hwang: ok. thank you. commissioner hurtado: i just to -- want to remind my fellow commissioners, we did vote to uphold. i do commend the the republic -- department of public health doing their job, for this restaurant owner, but, again, i would not vote to have a rehearing under any circumstances, given the testimony, given the prior testimony and the testimony we have today. president hwang: is your motion still pending? vice president fung: i would move to june 20. is that ok with you, madam director? director goldstein: that is ok with me. it is a heavy calendar. it is the board's decision, and did you want to have a written report from the department or the other parties or just an oral presentation? vice president fung: i think they should be allowed to provide a brief, but given the time, can we accelerate it? director goldstein: so you want all parties to submit? vice president fung: same time. director goldstein: how many pages? vice president fung: 5 pages. director goldstein: this is to allow the

president hwang: here is another thought. one of the things that inspector hong stated is that there was a food and safety inspector who was an actual operator, and i do not know in terms of business versus consultants, versus on staff, whether that would suffice if they attract the services of someone with that type of expertise, but that would satisfy the department for purposes of operating this going forward. can you speak to that, inspector? >> sure. i think short of an equal partner with the ability to make decisions, it would be in my opinion tantamount into -- to someone you read had their license revoked for drunk driving. this is why i prefaced the opening comments from vice president fung at the very beginning. what is the easiest way that you see? that question i answered honestly. that to me would be the best way to go about it and give some comfort to the department knowing that they would be on equal footing. if you hire someone, you can always fire someone. you are giving the keys back to someone who got us he

pacheco president hwang? jurisdiction is granted, and requester now has any of five- day appeal period which ends this coming monday for both. director goldstein: think. ok, we will move on to the next item, which is item 5b, a rehearing request for washington street. the board received a letter from louie's chinese, and that appeal to a 12-039. we will start with the requesting party or his representative. >> thank you. i am representing him. he is here with an interpreter if after i am done there are any questions that he can answer directly. director goldstein: i went to make sure that they have the ability to translate your comments as well as the board, so six minutes. to allow the translation. >> i appreciate that. thank you, commissioners, for hearing us tonight. i know that the requirements for a granting of the rehearing which is extraordinary reasons, and i think there are extraordinary reasons and issues to grant a rehearing for this matter. there is no question, and i think the department itself w

president hwang: thank you. next speaker. >> i am a community supporter along with many who also were at the hearing. i also remember about [inaudible] being closed down. i remember being invited to louie's for many parties. wilma pang has had many dinnfers. and ling wang has been hanging in with him. i think we have compassion fatigue. i had a good long phone conversation with terrance hong. what i was called in because another lawyer that ling chi had had, we are playing musical chairs and walking in and out of the room. so many people try to help that we're not all on the same page, reading the same script at the same time. richard asked me to write in english letter 10 days or so before the to-february 25 hearing. i had a night's -- a nice conversation with cynthia on the phone getting up to speed. i could not be that at the hearing, i was out of town. i picked up the focus from the history of violation and i sympathize with terence. there has been a long period of stress on both sides with trying to help wi

president hwang: thank you. vice president fung: i have a question for counsel for the rehearing requestor. you or whoever from your side. one of the largest issues here is whether your client after multiple opportunities is going to be able to now toe the line, so to speak, with respect to something that is not rocket science. >> i understand that. i do believe at every hearing a plan will be in place. it is already in place to address those issues but part of the problem and again, it is a fairness issue. we're not judging the rehearing. what the department has come in and said is there is a systemic problem and i believe they said to the president's question, it is not a question if they did every inspection -- a re- inspection, the notice said there were three issues here. only in english. you have an abatement hearing because we have a notice of violation. they did not say this is a notice of a historical problem and you have not cleared this. i know that this is the department's position. their position do

president hwang: thank you. we will take public comment. is there any member of the public would like to speak? employes and others who are affiliated with the parties should not speak at this time. >> commissioner, i am chairman of the [inaudible] association. former police and park commissioner. asking you today to consider to grant a rehearing. there are enough evidence to prove that mr. lei has completed the violation. he did try to call the inspector to come down to meet inspection but could not get him. but left a message in chinese. mr. lei because of a language problem when down to the abatement conference on february 10 -- kory 28. -- february 28. bringing documents and photos to prove that the work had been done. while i think it is better -- inspector tong give him the notice of abatement, this is the record on february 27. together with the notice for closing the restaurant on that day. really, mr. lei does not understand what his abatement contract is. that is the only chance he could come down to p

president hwang: thank you. >> thank you. this is where the kitchen was, where the gas line and the flu event were, clearly of some considerable age. some wonderful old wallpaper. this has been occupied it since not the 1920's, then easily the 1950's, and i have got the 1954 -- which was quite interesting. the owner at the time of construction, a family where a day -- where the lucchesi's purchased this. pardon me? i am sorry. 599 athens streets is listing michelle at that address, and, come on. powerpoint do your thing. we see from the same directory, russia street, one showing the laundromat, and 3 shellings barnhart no -- bernardo geely. thank you very much. this clearly has been occupied as a dwelling unit. i think that this board has the discretion to correct the record and allow permits to be taken for the renovation and restoration of this dwelling so it can be used as affordable housing, as it always has been, and hopefully always will be in san francisco. thank you. vice president fung: the 3r is based on a number of

president hwang: thank you. next speaker. >> i have an overhead. can you turn that on? i am richard [inaudible] his restaurant being open for 13 years, often i went there to eat. lunch, dinners quite often. i never get sick from it. i do not go in there myself. i always go with a bunch of friends. sometimes to tables, sometimes three tables. -- two tables, sometimes three tables and no one ever got sick from eating from the restaurant. business was good at the beginning. there was lots of fund-raisers for politicians, leland yee, willy brown was there quite often to, at the beginning. -- too, at the beginning. if anyone got sick or their friends, we would know about it. there would keep going back. and then, what happened? construction of the community college right next door. not even right next door. wall-to-wall. kicking up the dirt and the noises of putting the pilings and hundreds of thousands of cement trucks go in front of it. they line up in front of his restaurant. so business went down. as morale went

president hwang: so we are adjourned. [gavel] when a resident of san francisco is looking for health care, you look in your neighborhood first. what is closest to you? if you come to a neighborhood health center or a clinic, you then have access it a system of care in the community health network. we are a system of care that was probably based on the family practice model, but it was really clear that there are special populations with special needs. the cole street clinic is a youth clinic in the heart of the haight ashbury and they target youth. tom woodell takes care of many of the central city residents and they have great expertise in providing services for many of the homeless. potrero hill and southeast health centers are health centers in those particular communities that are family health centers, so they provide health care to patients across the age span. . >> many of our clients are working poor. they pay their taxes. they may run into a rough patch now and then and what we're able to provide is a bridge towa

president hwang: thank you. is there any more public comment? >> [speaking foreign language -- [speaking foreign language] >> he was a worker there and because of this and he is off work and he really wished that he does not have to go for unemployment. so he really wishes the commission will be able to grant a rehearing so that he can get his job back. thank you. president hwang: there are other workers of the restaurant. they need to share in the original three minutes by the rehearing requestor. they are not outside part -- parties for public comment circumstances. president hwang: are there non-affiliated parties who wish to speak? >> how many workers are here? >> thank you. assuming there are no other members of the public who would like to speak. >> i have a few questions of inspector hong. one of the points raised by the requestor's attorney that was not in any paper submission relates to the abatement hearing and the ability or the failure of the requestor to bring documents that would have shot that he

president hwang: next speaker, please. >> good evening. i am here to oppose to open the marijuana shop in our neighborhood. marijuana is bad for our body. actually, it will hurt our next generation, especially the children. if you open a marijuana shop, there will be more incidents of robberies in the neighborhood. i live in a geneva. a lot of bus passed by the area. also there are a lot of children who passed by the area and if they see the marijuana shop, i totally opposed to have the opening of the shop there. if there is a need of them taking go to the pharmacy. -- they can go to the pharmacy. i hope everybody does not agree to uphold the permit. president hwang: next speaker, please. >> my name is mrs. chang. i oppose having and marijuana shot to be open in our community. -- a marijuana shop to be open in our community. it will affect our next generation. i wanted to review an incident four years -- for you, on the day of our protest, for the shop that was being given the permit to operate, in order to burn the marijuana and let the s

i am wonderinpresident hwang: yt back? that is more in my mind visually -- i do not know where the sun fits into all this and why this decision on the part of your client. wondering if there is any way to move the interior space forward so that remains, you get to keep your interior space but not the back. >> the size of the front deck and expand the size of the rear? i don't know. president hwang: i do not know what is contemplated. we're hearing a lot of on have been around that front. if you are saying it is hidden and concealed that is -- there's nothing in the visual. if you are not able to notice it until people are standing on it or sitting on it or hanging out on that, it is hard for me to get the visual. i'm wondering if there is some way to address that concern. >> can we move forward? i am not sure of that goes far enough from the neighbors' concerns. >> maybe we can talk to planning about what they would allow. >> ok. those are some thoughts. i did not know if there were considered and rejected. >> i was not in

president hwang and committee. i represent the appellant, mary maxon.sh she is on assignment at the white house in d.c. but i in august she will be coming back to her home at 95 murieta drive -- marietta drive. the permit holder lives on the peninsula. she has a real estate background. she is the sole title owner of the property in question, 99 marietta drive and the issue raised is the appropriateness of a decking system she intends to hang on the back of her property. i'm going to try to limit my comments to about five minutes and then mary will speak as well. you can see that the decks in question are close to the adjoining property in level owned by dr. maxon. the houses are cheek and jowl. i have attached to the brief and exhibit c the representation of the sideline that would be afforded anyone standing outside on the proposed the deck and looking into dr. maxon's better. the bid to -- the depicted rectangle is her bed. most of the room would be clearly visible. this is an attempt to illustrate what mary, if

president hwang: thank you for asking. i was thinking that, too. >> i would like to come to a conclusion right now. we think it is a solution. it is not 100%, if you lean over or some other way, you may be able to see in but it reduces the ability to see into the neighbor's house. we are in a dense neighborhood. a neighbor's below can look into their bedroom. president hwang: are you opposed to having a conversation? vice president fung: we were talking about a thin wall. ok. president hwang: on going back to calling item number 10. parties of #nine are encouraged to meet in the hallway. appeal 12-063, and nathaniel mcfadden. the property is at 3139-3141 g ough street. permit to alter a building, a vertical addition of a new full third floor rear addition decide existing sun room. we will start with the appellant. you have seven minutes. >> good evening, my name is janet miers and this is my partner nate mcfadden. we are the neighbor north of this project. we have been in the homeowner for 18 years. this process has been s