>> i'm sorry. >> commissioner lazarus: continue to smoke in this gray area of hukas? >> i would also like to correct the assertion that this is in any way smoking. it's inhaling a vapor that is heated off of a stone. and the statute is very clear in terms of what it defines as smoking. and it has nothing to do with these rocks, and this vapor. >> commissioner lazarus: apparently -- >> smoking has to do with smoke. there's no smoke. there is no smoke. the statute doesn't apply. >> commissioner lazarus: and you also talk about being allowed the opportunity to move the business. i'm not quite sure what that has to do with this either. >> well, under the exemption -- exceptions to the statute, there was the possibility of a grace period to move from a mixed use building to a commercial building. >> commissioner lazarus: grace period allowing what? >> the the relocation of the business. >> commissioner lazarus: but not the continued use -- >> well, at the new location, then the use could continue. >> commissioner lazarus: but that would have to be permitted as well, right?

commissioner lazarus, aye. the vote is 3-0. this rehearing request is denied and a notice of decision and order shall be released. >> president hwang: thank you. so we'll move on to item 5 which is appeal 12-056 pat buscovich versus department of building dption. subject property at 2853-2857 broderick street protesting issuance on april 17, 2012 to inger conrad to alter a building to raise the building 36 inches, build new garage for future expansion. you may recall this matter was before you last time as a rehearing request, which was granted. so it is on for rehearing today so the parties can present to you a settlement. >> i'm irving seretski the appellant for the rehearing, on behalf of kate poll voi. we're happy to tell you all the neighbors on the block, all 2853-57 have come to a very great agreement, and we are very pleased with it. it was negotiated on the part of all the principals, and it is really a very satifactory agreement. we hope that you will do your very best to expedite our getting an amended permit, and do

they were up there saying that it was moving -- >> commissioner lazarus: who's they? >> oh,, the construction -- the contractor workers i had. hispanic workers. i use those construction company, the contractor i mean. and it was based on his advice. >> commissioner lazarus: contractor that you had used before? >> i'm sorry. >> commissioner lazarus: a contractor that you had used before? >> i have. and because of what he was telling me, i probably got very more concerned about the structure and stability of it versus thinking of the process with the city, and permits and all. i think they were up there and made a hasty decision that day. >> vice president fung: further questions, commissioners? >> thank you. >> anything further mr. o'reardon? commissioners -- >> vice president fung: anything from planning? >> addressing the historic nature of the structure? >> dan snyder from the planning department. i think our only comment would be to provide some some background and context on the history of this building. it was built in 1896 engine company no. 33 firehouse recogni

the presiding officer this evening is chris wong, commissioner ann lazarus. we have one position on the board that is currently vacant and the board may hold a meeting when there is a vacancy. in such a meeting, the board may overrule the action of a department by 3 members. to my left is deputy city attorney robert brian, at the controls tt board assistant, victor pacheco. we're also joined this evening by representatives of the city department that is have cases before the board, scott sanchez is here, he's the zoning administrator also representing the planning department and planning commission, also joined by planning staffer tim fry and joseph duffy is here, senior building inspector, who is representing the department of building inspection. at this time, mr. pacheco, if you could go over the board guidelines. >> the board requests all cell phones and pagers be turned off so they will not disturb the proceedings. please carry on conversations in the hallway. the board's rules of presentation are as follows: appellants each has 7 minutes to present thei

moss, richard shaffer, jim lazarus, howard wexler and herman. >> my name is tamika moss from spur and i wanted to take a few moments not to reiterate many of the comments that spur has agreed with in relationship to this plan but to talk more specifically about the people, for the last 9 years, i worked as a tenant organization in other parts of san francisco and i think it's important that we look at this plan as a plan of tradeoffs, certainly individuals who -- low-income people and seniors who call the parks an extension of their community really do need to be e vap waited -- evaluated as part of this decision, i was one of the people who worked on the boeddeker park, and we worked hard to ensure that that renovation which will be before the commission very soon was going to be something that supported the needs of the community so i think it's really important that we recognize that shadows and other conditions of the park are really important to consider. however, what i think is important is that the benefits that the plan before you really does provide is the tradeoff, in fact,

lazarus? >> good afternoon, supervisors, chamber of commerce, we appreciate the opportunity last year and way back in 2006 in working with the city in developing healthy san francisco program, the health care security ordinance, it's a complicated issue, much that was broukt up from the grand ju, we appreciate their work and we cooperate yearly, thing that is are covered by federal law, it's not an easy solution, but the vast majority of san francisco businesses provide insurance and the vast, vast majority of son fra*ns businesses are spending required amounts of money, every survey and report by your agency show that and supervisor campos has acknowledge hated but there is an issue with some categories of business, but we're working together, small business associations, the chamber on educating employers and employees on the rights and obligations under this law. we've worked with television ads on cable television, the city, websites, direct communication with members, thousands of employe

commissioner lazarus, aye. >> thank you. the vote is 3-0. this matter is rescheduled to october 10. >> thank you. taking up item 1 which is public comment for items that are not on tonight's calendar is there anyone who wishes to speak under this item? seeing none, then item no. 2, which is commissioner comments and questions. commissioners. >> i'm sorry i made you wait for 10 minutes. i apologize. i had issues with parking. >> any public comment on this item? seeing none, then item no. 3. possible adoption and consideration of the board's meeting minutes. >> i move their adoption. is there any public comment on the minute? if you could call the roll please. >> on that motion from the president to adopt the september 19, 2012 minutes, vice president fung, aye. commissioner lazarus, aye. >> it is adopted. >> item 4(a). requested rehearing of 12-083, gallagher versus department of building inspection. at that time, the board voted 4-0-1, one vacancy, to deny appeal and withhold the permit on the basis that it is code compliant. the permit hold

. >> commissioner lazarus: but do you disagree that there were numerous requests and a lapse of several months between the request for fingerprints and your submitting a fingerprint? >> ma'am, it wasn't never no request. what he's saying is untruthful. there never was a request. when i stepped to the window and he request i get fingerprints i go straight down the hall and get 'em. it was never you send me a letter to go somewhere. i denied it. when you send me down the hall, i went straight down there and done it. so what he's telling you is untruthful. >> i think -- you know, i think that the issue regarding fingerprints only relate to the request for the new permit for bay bridge. is that what your understanding is? rather than the existing one. for nelson. >> yes. but i'm still trying to understand what happened with meeting or not meeting the request in a timely fashion. >> okay. >> but he's not -- i think -- and tell me if i'm wrong, mr. johnson. you're not requesting any -- you don't object to the denial of the bay bridge permit at all. >> no. i don't deny -- i mean i'm not denyin

for the board of appeals, we have an lazarus. joshua, thank you for being here. for the construction and workforce advisory committee, a body i helped to establish as city administrator, this body is going to be important for us because in our economic recovery we need to work better with our construction companies to make sure everybody has a chance to work in our city. bob alvarado, thank you for being here and part of it. ed riskin, thank you for stepping up again. florence, thank you. harland kelly, our general manager to be. thank you. kent, thank you for stepping up. yes, i will tell you what you are paid for after. [laughter] james, thank you for being here. coming out of retirement, thank you for stepping up. thank you for all of your great work. joshua, you are appointed to two conditions today. -- two commissions today. thank you very much. mohammad, he always needs help. thank you for stepping up. [applause] oscar delatorre, the northern california carpenters regional council, thank you. laborers council. tim, thank you for being here. the film commiss

. >> on that motion from commissioner lazarus to reschedule 5-12104 to december 5. (roll called). >> the vote is 4-0, that matter is rescheduled to december 5. >> the next house keeping is having to do with item no. 6, ahmad al sharadi, that matter was just withdrawn a few minutes ago and will not be heard this evening. then we can start with no. 1 which is public comment for items not on tonight's agenda. is there anyone here who would like to speak on item 1? seeing none, we will -- i'm sorry, please step forward. 600 monteray boulevard? that's going to be called later. that's quite all right. so no public comment under item no. 1, item no. 2, commissioner comments and questions. commissioners? >> i'm sorry, i should mention that i have to leave at 7:00 today and i apologize for that, i have to catch a flight for work-related travel. >> thank you. >> i also want to note there's a possibility i may not be able to attend next week's meeting. >> is there any public comment under item no. 2? okay, seeing none then we will move on to item no. 3, which is the adoption o

we have a wonderful working relationship with fta regional leaders and mtc and lazarus from the mtc board and the china chamber of commerce and the san francisco chamber of commerce and the market street association and the business improvement district and joe an hayes and mike from the building and trades construction council. anytime i get a chance to speak on the mta board i say i am so proud of what we do and we move 700,000 people in the city and it's a difficult task. we have a wonderful staff. we are privileged to have the talent of ed of course for his leadership and i couldn't tell you how proud i am to work with the people on the board of directors and christine, the newest member. and the other members and malcolm couldn't be here today but we are proud to work together on behalf of the people of the city and we are happy to have john fung head this up and behalf of the board and all of us and thank you mr. secretary. mr. administrator. senator feinstein, leader pelosi, congress woman spear and mayor lee and thank you all for being here and now it's time to make it official. i

. >> right, but i think commissioner lazarus would. and we don't know what commissioner hartado would do, so i think we should continue for purposes of allowing commissioner hartado to weigh in on this question. >> we don't have to continue it very far out, she'll be back soon. >> there's a possibility you're not here next week, is that correct? >> yeah, there is a possibility. it's a slim possibility but it's a possibility. >> i mean did we need to continue to a date specific? >> yes, i think so. can you put this matter on the first one on the 24th? i could come for that for sure. is it possible to prioritize in that way? >> yes, it's your calendar. set it however you like. >> you're talking about next week. >> thex week. that way we can make a decision and not spend too much time -- in the meantime if people want to sit down and talk to each other, that would be a great opportunity, too. then we'd make some progress, have a different conversation next week. i'd like to make the motion to move as per our practice, move to continue thi

commissioner lazarus. >> the vote is 4 to zero and the vote is upheld. >> i'd like to take a short break, please. >> okay. (brief recess). >> wl come back to the october 10, 2012 meeting of the san francisco board of appeals. we are calling item no. 8, appeal no. 12-098, eric foss versus the department of building ip spex with planning department approval. the subject property is at 2888 folsom street, protesting the issuance on august 3, 2012 to new china real ti it a permit to alter a building, remove illegal unit at garage level, remove illegal kitchen and bath, cap all utilities at source and convert to storage. you have 7 minutes ?oo . >> on september 5, 2011, i signed a lease for my apartment, 2888 fall sum street. i was never informed the unit was anything unusual compared to anything else in the city. there was nothing in the lacy to indicate the unit was not up to code or a perfectly acceptable apartment unit. i'm not a real estate professional and though i went to college, i had to reason to believe there was anything about this unit that made it different or made the lease ter