mr. garcia that in terms of the direct on- point citation, no. but through parallel authority as well as other items that suggest what should be the standard -- it is a little bit of a difficult situation, but i think that may be the appropriate standard. commissioner garcia: that is the standard. that is the standard when we review something by the zoning administrator. the authority of this board goes way beyond the same considerations of the planning commission. they are not necessarily the same considerations this board would have. we can apply different standards in rendering decisions. >> i understand. commissioner garcia: thank you. >> any other questions from the board? before a turn it over, the other thing that i will make a point to clarify is that this evening we did not want a repeat of the planning commission hearing. the planning commission hearing lasted well into 3:00 in the morning. we would like to do this evening -- we want to truncate our presentation and only bring the members directly related to the area compassion health n

mr. garcia, i think it was just a ticking time bomb waiting to go off. >> reporter: later in the day, the smoke dissipated. the freeway reopened and people are expected to be allowed back into their homes sometime tonight. police still dent know why the resident who liveed in that home had so many explosives inside the house. he had pleaded not guilty to federal bomb making charges. >>> berkeley seismologists are launching a new program. one that might put them in the forefront of predicting earthquakes. next year, the seismologists will start putting sensors in order to study tremors. the lab says that it is an important step, because changes in tremors may proceed earthquakes. >>> just yesterday evening it was the rain that was hampering our commute. now our chief meteorologist bill martin is here to talk to us about something that will change our weather. >> the next few days with the wet ground and the mild nights, it could be called cold. dewpoints are high, fog will be the story as we go into a drywet weather pattern. -- dry weather pattern. you may have had a few sprinkles in your

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,

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

mr. carlos garcia. [applause] >> you know, one of the highlights for me as a superintendent and as a teacher who happens to be the superintendent is that when we go through graduation and watch our young people get a diploma and have -- the call at a commencement ceremony. really, their lives are just guarding that day. i kind of feel like that when we get a chance to recognize our rock stars of our school district, the real stars. american idol has nothing on any of you. you really have talent. when you look at the things these folks do in their classrooms -- in our strategic plan, we talked a lot about joyful learners. what you see in front of you are people who have figured out how to make learning so exciting that it is joyful and that kids kind of do not even recognize that they are being taught, that they are actually learning, because it is fun and exciting and new for them. that is the caliber of teachers and principals we have up here. some of these principles, as you know -- if you do not have

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

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

mr. allen. commissioner garcia: did you know that someone had tried to put a building up in the lot you had bought and had been unsuccessful? >> yes i did. commissioner garcia: thank you. president peterson: you put on the over had some photographs. the large building -- i just want to make sure i understand. the large building that is on the lot -- could you put that -- i think he showed a picture with the large building and the shed structure in the back. that picture that is on their -- that is the same building, correct? >> it is the same building. president peterson: where is the proposed building going to be? is it right next? how much space is between the two? how much of a side yard will there be? >> the backyard will be -- commissioner hwang: side. 5 feet? 20 feet? between the buildings. >> between the buildings i would say 3 feet. commissioner hwang: so there is going to be very little. >> it is a dutch home on both sides. commissioner hwang: thank you. >> i just want to see it. president peterson: mr. sanchez? >> got sanchez, planning department. i would like to begin by clarifying what

garcia: thank you. commissioner fung: mr. sanchez, has there been any interpretations or clarifications related to the imp process? >> i do not think there have been interpretations. the code itself was amended about two or three years ago, some of the language about the health planning requirements. i cannot think of any imp interpretations. commissioner fung: thank you. president peterson: is there any public comment on this item? >> sue hester. i think mr. sanchez give an excellent summary. i want to go back and point out to things. this project was not in the institution master plan. because it is not, it cannot get a conditional use. this is not the only project that they have consciously acquired, knowing that they had to first get an institutional master plan and permits. this is a repeated strategy of the academy of art university. this is the first time it has come to a head and someone is being asked to say you have to follow the law. i think this board should do what you did at the last hearing. say that that is th

mrs. tavis can be reconciled. -- maybe that can be reconciled. commissioner garcia: the permit does not ask to legalize what is done, and therefore, cfc could not have -- that is more reasonable to me, as the question was asked by vice president goh about the moving of the sink and toilet, i think it has been stipulated that they did that, prior to getting the permit. you do not have 30 seconds or one second unless the president wants you to comment on it. i am onboard for changing the findings or on board for whatever. if i am the one he made the motion to reopen, i mean to vote, because i would withdraw that. i thought maybe you had done that. commissioner fung: can you restate that? commissioner hwang: if we can narrow the issue, that be more efficient. my focus is whether or not there was a valid permit. and this goes to work being done prior. vice president goh: if we went ahead and voted and went ahead and voted tonight, i am not sure if that means that commissioner garcia would change his vote in vote to overturn or not, because now we have in different than

garcia, president peterson. the motion is continued. president peterson: mr. pacheco, thank you. we are ready to call item no. 7. secretary pacheco: i think he has another question about the directive? president peterson: the parties have left. you can call me. here is my card. secretary pacheco: item number seven, appeal no. 10-110, john horvers and f. joseph butler, 1269 lombard, versus the zone in the administrator, protesting the grading on a two-for-one, 2010, for the rear yard variance disconcerting demolishing the existing two story single- family building and constructing two new buildings at front and near -- we are of a lot. >> -- note the front and rear of the lot. >> good evening. john is not able to come this evening. his mother, unfortunately, his 91-year-old mother in arizona was hospitalized, and he had to go down to arizona. i note will do like to point out that he did ask mr. gladstone to continue this, and he refused. i say shame on mr. gladstone. however, we're going to continue with the process. i happen to also live in the neighborhood. all i am out1251 and

garcia: thank you. people president peterson: -- president peterson: mr. sanchez? >> scott sanchez, planning department. i do not think there is anything in the record that warrants a rehearing. i think all the issues were addressed accurately at the two appeal hearings this board had in the item. there was also a discretionary rehearing before the planning commission. all the issues have been thoroughly vetted. i do not see how the arguments are directly related to the item on appeal before you. the issue of how it was raised. that is a residential plan guideline issue that should be addressed to the building permit, which would also be appealable to this body. we cannot approve it until the final action is taken on the variance. that would encompass the entire project. i am available for questions. president peterson: public comment on this item? >> how much time did you want to give for public comment? one minute per speaker? >> i am in the community. my children attend school near the open space. the open space -- i am very familiar with it. this is an area wit

commissioner garcia: we do not want them to come up prior to his having gotten -- >> ok. commissioner fung: february 9 for him. for mr. murray to get the information. >> i will say february 10, a thursday. february 10, you're so middle -- your submittal is due. that is prior to the hearing. i think we have a motion. commissioner garcia: watch it failed after all this work. >> the motion is from commissioner garcia to continue this matter to march 9, 2011. the public hearing is held and closed. it is to allow time for the mta to analyze the way bills for 2009 and 2010. additional briefing is allowed by both parties, with mr. alexander due four thursdays prior and the mta due one prior. commissioner fung: aye. vice president goh: no. president peterson: aye. commissioner hwang: no. >> the vote is 3-2. the matter is continued to march 9. thank you. president peterson: when you are ready, we can call item nine. we have already taken care of item eight during housekeeping. >> : item nine, our last item. appeal number 10-19. wayne allen and theresa fulks versus the zoning administrator. it is the protest of the granting of

garcia. >> we believe that the victim, mr.them, met the two individuals, someplace in hollywood a day or two prior to the murder, and he befriended them, helped them out, giving them money. >> reporter: on november 29th, the housekeeper made a gruesome discovery at the continental hotel. white's body parts were in a backpack underneath the bed. the couple is also being investigated for a similar crime in york, pennsylvania. white, his family says, was a big man and must have been taken by surprise. >> he did say that he was feeling very good and that he had met a very lovely young couple at the atm. >> reporter: his family says it wasn't surprising that white was trying to help the garcias. they say white worked as a handyman but spent a lot of his time helping the homeless and others. >> he was a very giving, healthy, devoted person. he was very proud of the fact that he had just completed his 15th year of sobriety. >> he loved helping people. it's hard to imagine him not here with his family. >>> the house of representatives

mr. speaker, chief of police garcia is the latest victim in the land of lawless days in mexico. chief garcia was at her job 51 days when she was brutally murdered by drug cartel assassins. in a brazen ambush they shot her seven times when she was headed to work. so many police chiefs have been murdered in mexico no one wants the job. trained officers are refusing promotions. leaving untrained citizens to run the police department. and the border town two housewives are the top cops in town. in chihuahua a new police chief is a 20-year-old student. there is a border war going on and the violence will only get worse on both sides of the line of lawlessness. the rule of law is being stolen by the hand of the gun. and we must help our neighbors in mexico and also secure our border with armed national guard troops. otherwise this wind brewing from the south will bring america the whirlwind. that's just the way it is. i yield back. the speaker pro tempore: for what purpose does the gentleman from new york seek recognition? >> to address the house for one minute. revise and extend my r

commissioner garcia: in seems like there are three or five of them. i show my hand by the question i ask mr. sanchez. can we received someone's rights that we received unknowingly? publicly, i would stay that i doubt very seriously that they forged the signature. i would think there is a pretty strong argument that someone would relinquish her rights not realizing that she would no longer be able to receive and come from the right that she thought she had. if they should have told her that when she ended the relationship, i don't know. i guess i would take jurisdiction is that to be part of the issue if we were to have a hearing. commissioner hwang: part of the problem with this case, and i would agree with those comments in general. but what bothers me in terms of tracking the due process, i am not even going to touch the issue of whether it was forged or not. when the sun went down, it would make anybody think about, did i do something? and i would want to check into that. the timing theire, for most people, the question would have been raised. commissioner garcia: i am not trying to be a

commissioner garcia: i would rather stay here late on the 19th then further prejudice the permit holder, and i think mr. kornfield wants to. >> we have elections. >> could i look at the ritz in submittals rather than going to the oral testimony to consider whether permits would be required, or did you actually want me to go through the testimony? commissioner fung: i think kirsten submittals is fine. >> ok. -- whitson submittals is fine. -- written submittals is fine. >> ok. vice president goh: whether or not they were replaced, whether or not that is in the record. commissioner fung: it was in the contractor is a declaration. vice president goh: thanks. vice president goh: i have a question about the 19th. we have other items to be heard, as well. how many? 6, 7, 8? >> yes, there will be election of officers. commissioner garcia: that usually takes five minutes. >> oh this is to continue it until january 19 with some briefing and some exhibits allowed. i think we should specify how many pages you are interested in seeing and exactly what topics you want to see it on, and my recommendation is that both

garcia: aye. commissioner hwang: aye. >> the book is 5-0. president peterson: we are adjourned. thank you very much. director :lee is present. mr. chairman, you have a quorum. please be advised that the reading of cell phones, pagers, and other electronic devices are prohibited. a person responsible for one going off in the middle of a meeting may be asked to leave the room. please be advised cell phones are set -- that are set on the buy right position create microphone interference. the board refects police -- respectfully requests libby set in the off position. chairperson nolan: is there a motion to approve the minutes? all in favor, say aye. >> on 5, communications, please be

mr. sanchez. >> the motion is from commissioner fund to grant the variance and that he did not abuse his discretion. >> on that motion, with that basis, vice president go? >> no. >> 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 th

mr. kaplan was also told that he could not resubmit anything. >> between that time when we were waiting for the last commission -- >> at both hearings, there was that admonition. commissioner garcia: i think we're clear how you feel and how the other side feels and it is time for the board to make a decision. vice president goh: i have a question put it -- i have a question. the finding is there is credible evidence and the record. work began prior to issuance of a permit. we just heard from counsel that the allegation that the work was done after the issuance of the permit was made at the last hearing -- she just said that, i wrote it down. so, it really sounds to me like we're talking about a request for a rehearing. why would we not just vote on these findings, adopt these findings, allow them to request a rehearing based on what they're calling new evidence, declarations, or what not, that we have not seen? i am trying to ask our counsel question. >> it is within the board's discretion. we have received these written submissions about the draft findings. under the board's rules, we cannot accept them without the board voting to accept them. given the circumstances, the presid

garcia: denam drobisch has the least and is subletting? or is he the owner? >> he is the owner. it was jerry chow who had the initial lease, and ike's place is a sublet of mr. chao. >> good afternoon, president peterson, members of the board. scott sanchez, planning department. thank you for your kind comments. i look forward to coming to appear before this board and will endeavor to continue coming here. on the matter before you, the jurisdiction request, here is a timeline of events that might help where we are and how we got here. at the end of march, we received a complaint that ike's was operating illegally a self- service restaurant. we issued an enforcement notification at the end of april, april 21. during may, the project sponsor, i, made contact with the department, discuss possible solutions. in may, there were thinking about relocating to a new location. the submited a conditional use operation in september to try to legalize it in place. two days after that, our department staff realized the authorization form did not have the honor as authorizing it. it turned out to be the leaseholder, not the one who owned the larger commercial lease. he was