four, motion approving/rejecting the president of the board of supervisors, supervisor david chiu's nomination of arcelia hurtado to the board of appeals for the term ending july 1, 2012. supervisor kim: thank you. arcelia hurtado is here today. speak briefly about your background and expertise and interest on serving on the board of appeals. >> good afternoon. thank you for taking the time to invite me to introduce myself to you. i will keep my comments brief. my name is arcelia hurtado, and i currently serviced the executive director of equal rights advocates, which is a national women's rights organization based here in san francisco. not to add insult to your -- add uncertainty to your decision, but i also attended uc berkeley, where i got my an undergraduate and law degrees. i have been an attorney for 15 years and have dedicated my entire career to public service here in the city and county of san francisco. i worked for several years for the san francisco public defender's office, where i represented indigent residents of this city and county in criminal proceedings, and also represented people on death row for the state of cali

bring a unique perspective, qualifications, and professional experience to benefit the work of the board of appeals. i am truly intrigued by the area of issues that the court of appeals handles. and i think that i would add a unique perspective to that decision making process. of course, always applying law to fax to reach an equitable outcome. i have been a tenant in san francisco. i am also a property owner, as well as a landlord in san francisco. i believe i have the viewpoint from multiple perspectives that will enrich the decision making process that the board of appeals. thank you. supervisor kim: thank you. supervisor campos: thank you very much. i want to thank ms. hurtado for being here. i wanted to ask you something similar to what i asked ms. wu before, and that is the community perspective and as matters come before you, how you take that into account. i know that you have a long history of working in different capacities in the community, and i just want to make sure that people who perhaps may not know that can here from you -- can hear from you directly on that. >> absolutely. as i s

with that,ç we can move forwar also under the director's report, have the board of appeals and historicartment staff, i'm here to present the activities of the board of supervisors for planning and land use this week. at the land use committee, they heard ordinance's related to the chinatown transit station specialties district. this will allow the demolition of the two-story excuse building in association with development plans for the future transit station. the buildings contain 18 residential units and eight ground-floor businesses. the commission recommended approval on january 26. the legislative sponsor stated there were some unanswered questions about replacement housing and ask the item be continued until february 13. at the full board on tuesday, the board heard ordinances' related to the glen park community plan. this is an effort for a planning çprocess approved on first rea this week, the legislative )áju wiener and supervisor olague thanked the board and a voted unanimously to approve the ordinances. later in the hearing, thereççs an opinion for the wireless antenna at

in more detail on the next slide, the board members and the clerk of the board, the assessment appeals board, sunshine, youth commission, advertising, budget and legislative analysis board a ides, and the clerks,. the discretionary spending is administered of support, things that are necessary to run the organization, but not required in any code or in the charter. supervisor chu: can you remind me it the official advertising budget, the $48,000, we had changes in the requirements that were supposed to reduce to reduced costs and advertising? is this reflective of that? remind me where it was and how much we have reduced it? >> essentially what happened is the board change the requirement for the clerk's office to publish in the newspaper, and indicated with a post that information on our website. we are no longer paying for those notices. there are certain notices that still require some noticing in the newspaper, according to state law which we abide by. supervisor chu: what was the value had budgeted in? >> approximately $190,000 the past couple years. down to 48,000 others. supervi

if the night, i am sure there will immediately appeal to the board of appeals. , mr. reed came before us manyç years ago. the board charge is to lookxd at the people and the code and try to apply what is in the code. from that standpoint, i think commissioner wut( is right. thereç is a set of standards tt these have met. if we cannot come up with a good reason, i think it may be likely that the board of appealsç will go against us, so to speak. i am not saying that what happened. but just in terms of having to make findings as to why we are denying it, i think is the rub for me. president miguel: i cannot make aç motion from the chair. i would second the motion. we are stuck. t(çóapproval with the same conditions that we put on the calendar. but we just heard. if anyone wishes to make that motion. commissioner antonini: there is the difficulty with security concerns, particularly the proximity to middle and secondary schools, and distinct from the earlier approval. çcommissioner fong: i am goingo make a motion to approve the ççproject with theñr same thre

have moved into the night, i have moved to approve cu appeals, i've moved to modify cu's to add additional requirements. i provided the fifth signature to bring this appeal to the board and i did so, based on the unique circumstances surrounding ability of the appellants together property owners signatures, as a matter of fairness and equity, they should be given an opportunity to present their case to this board. i am now questioning by providing that signature based on what we have heard today. the primary focus, overwhelmingly of the comments supporting the appeal have related to health, perceived health effects. we are prohibited from considering health effects under federal law. there has been an argument that perhaps the fcc standards that trigger our inability have not actually been met. the appellants have not provided any actual evidence to refute the analysis on which the department of public health lies. we got a graphic today that is inadequate under any standards of service evidence to rebut that or even create a legitimate question. a the the attorney, to his credit, was very candid in admitting the lack of evidence. i don't think that this has met the

my dedication to public service as an attorney, and i believe that is what i could bring to the board of appeals in terms of hearing different perspectives and understanding the impact that decisions have on different groups of people and just trying to reach a fair outcome based on the facts and the law. and that is my interest in serving for the city and county in this capacity. supervisor campos: thank you. supervisor kim: just a follow-up on that question. keeping in mind that your decision making is based on the fact of the law, how do you incorporate neighborhood impact and concerns and also the fabric of the neighborhood into your decision making process when that is what you base your decision on? >> that is a good question. in the legal system, we do try to -- and as a lawyer, i can say that the goal is to place decision making on law, on the law. however, you have to temper that with the ability to hear people's perspectives. as a decision maker, one cannot have a predetermined outcome in mind. one cannot think that they know the best outcome based on the law alone. so i think it enric

i ask that the board overturned the appeal and allow the work to continue. again, our architect is here. he have some plans if you have specific questions. >> why did your client wait until the property was nov'd to fix the steps? >> we did not. we had emergency repairs done. we were stopped from completing those repairs and then when we discussed it, the permit was modified to do emergency repairs. we had been in the process of obtaining a loan. we did a set of drawings before the building was sold. there was no waiting. it happened in the middle of the process. >> perhaps your architect could answer couple of questions. >> it is hard to read the drawings but could you provide the existing conditions as part of this package? >> what we did was to submit the 2000 drawings. >> please identify yourself. >> my name is paul. i am the architect of record. i do not think we did it -- we drew the rear yard situation. that includes the stairs in question here. we did not draw the existing unit. they are the same location, the same configuration as the existing. >> t

the board. it is the decision on the appeal with respect to the conditional use a. perhaps the board, through its minutes, can make that request, but it is not something that can be mandated in the context of this proceeding. president chiu: supervisor mar has made that request. on supervisor elsbernd's motion. supervisor olague? supervisor olague: any member of the public can go to dph and request the levels be monitored. it is something that is common practice and that we advise the public frequently to do. the dph or at&t provides something as well. president chiu: let's have a roll call vote on the motion to approve the planning commission decision. supervisor avalos: aye. president chiu: aye. supervisor chu: aye. supervisor cohen: aye. supervisor elsbernd: aye. supervisor farrell: aye. supervisor kim: aye. supervisor mar: no. supervisor olague: aye. supervisor wiener: aye. president chiu: the motion is approved. at this time, why don't we go to roll call for introductions? >> supervisor avalos. supervisor mar. president chiu. supervisor elsbernd. supervisor farr

learn more about the retrospective on line at >> welcome to the february 15 meeting of the board of appeals. presiding officer is president michael garcia enjoining him as commissioner fung and commissioner hillis. commissioner hwang will be absent this evening. we do have one vacancy. the board may hold a meeting if there's a vacancy. the board may overrule the action of the department with the votes of three members. we're joined tonight by the deputy city attorney. she is sitting to my left and will provide the board with any legal advice. we also have our legal assistant. we're joined by representatives from the city departments that had cases before the board this evening. we have this in your building inspector representing the department of building inspection and we have the representation for a taxi services. we will conduct the swearing-in process. >> the board requests you turn off all phones and pagers so they will not disturb proceedings. carry on conversations in the hallway. the rules of presentation are as follows, permit holders and department representatives each have seve

the board appeals will ask me when the work was done. i can nail it by the fasteners.hat does this tell you about the date. the square cut nails before they were wire nails were used. and that let's you know this is a piece installed in victorian times. >> often the screws, also. >> uh-huh. >> an older type screw. many of the screws now are phillips and look like sheet rock. >> the mention dating plumbing fixtures the same is for door and window hardware. oftentimes it will have a manufacture and a patent date. >> right. >> here's a cool hing. that was a door hing. heavy, probably weighs 5 times what a normal hing ways. >> a hing to made to swing both ways it's double acting and a spring hing you adjust it. >> this one might be rusted. saturday you might be able to get it to work. >> then, we have some facets and hardware. what can people do to upgrade stuff like that? >> well, it's all disassembleable. everything canning replaced. as with the door hardware you can take this out and have it plated in anything you like. if you don't like chrome or you want this to be br

the property. like the appeals of many permits before you, various appeals. now the board can over turn only if they have abused discretion. the appellant makes no such case. mr. malek provides no evidence any errors were made by the zoning administrator, and he makes no argument but abuse or indiscretion occurred. with the zoning district allows three units, this is legal- nonconformity. most parcels are less dense and contain one or two family homes. this one is difficult to finance or to sell at a price reflecting its true value. more stringent lending rules are in place and reduce the pool of qualified buyers. this is not attributable to the owners. i want to point out a of building was moved there in 1949 from a lot condemned on vermont street to make way for the 101 freeway. it predated the requirements currently required, so the owners but applied for this says variances do not meet requirements for lot size, and the property line also triggers some technical variances for rear yard and usable open space. these conditions meet on the lot. goonote timely appellants i

> ♪ good luck to you you are endorsed by president chiu and good luck to you you will make the board of appealsrand new and you'll work hard like sue honey bee sue and you'll make it all brand new and good luck with the city blues make it all brand new ♪ supervisor kim: thank you. is there any other public comment at this time? public comment is now closed. quickly, i want to thank ms. hurtado for being here today. i was incredibly embarrassed by your resume. i did go to bolt, so that ways in your favor in this seat alone. actually, i was at a dinner with the mayor last friday, and i think he is actually our first major from there, and we made fun of harvard grads. we cannot understand how they got elected into office. supervisor farrell: i will second that. supervisor kim: but thank you so much. i think both your legal background and expertise in working to defend individuals in our committee will give you a blend of experiences that will serve well on the board of appeals. really born -- important to myself to look at the facts in the code in a lot to make good and fair decisions, and taking

the abatement appeals board is now adjourned. >> we will take 15 minutes? >> it will take approximately 15 minutes to set up for the building inspection commission. >> the question when i started 11 years ago when i started doing resolution work is can anything be presented on a really low resolution device where it is potentially a digital image? can anything be presented that way? or will it feel cold and electronic? >> the imagery will change. there will be four different sets. it is a two dimensional image. it is stretched out into three dimensions. the device is part of the experience. you cannot experience the image without the device as being part of what you are seeing. whereas with the tv you end up ignoring it. i make gallery work more self and budget and public art work where i have to drop this of indulgence and think about how people will respond. and one of the things i was interested in the work and also a little fearful of, it is not until you get to the first and second floor were the work is recognizable as an image. it is an exploration an

president goh: good evening and welcome to the january 18, 2012 meeting of the board of appeals. the presiding officer is president can no go. joining her is vice-president garcia, commissioner fong, and commissioner wind. i won a seat on the board is vacant. the board may hold a meeting where there is a vacancy. in such instances, the board may overrule the action of a department by a vote of three members. we are joined tonight by deputy city attorney barnes, who will provide the board with any needed legal advice. we are also joined by representatives from some of the city departments that have cases before the board this evening. scott sanchez is here. also represented the planning department and planning commission. the senior building inspector is here. a representative from the bureau of urban forestry and a representative of the public works division of st. use and mapping is also here. at this time, if you could go over the board's meeting guidelines. >> the board requests that you turn off all phones or pagers so they will not disturb the procedures. carry on conversatio

also of particular note is the exception process is appealable to the board of appeals for the conditionalsed process -- commissioner fong commissioner e things we struggle with is a very few things are a necessity. desire ability is a dubious distinction, depending on perspective, point of view, and the stakeholder you are in the process. i think that's a direction we should look at where it makes sense. there is a lot of work that has happened at this point and i think our staff is recommending the best that the word. i know a lot more work will happen and it is really hard as much as the planning commission is the ideal place to opine on this issue, the hard work is not happening. everyone has three minutes to speak and there's not a back- and-forth conversation. the true work at this point still needs to happen not in a more formal form but a more informal meeting with groups around the city that have a stake in this legislation more so than having in other people -- have another meeting here. we have to think about what we want to focus on for topics of conversation because i think th

provided by the project sponsors in these types of situations, and noted that even if the board does not grant the appeal, in light of the recent amendment, unless it is remanded to the planning commission for such an evaluation -- and i will conclude with a plea that this board direct the planning commission and the planning department to undertake a thorough and comprehensive review and amendment of the guidelines. those are long overdue. first, the decision is the weight -- violates section 303- c-1 because they use is clearly not desirable for the neighborhood and community, and the planning commission decision actually indicates this, and i am now referring to, this is their motion, i am looking on page 5, finding no. 13 refers to the planning code section 303, a subdivision a-1 dealing with this specifically, 303-c-1. and i am now reading. desirable. san francisco is desirable. it is important to have adequate cell coverage and capacity, and this includes the installation and upgrading of systems to keep up with changing technology and increases in uses. it is desirable for the facility to allow wi

board of appeals. moving on, i have the board of appeals report. they did not meet last night, but the board president has dominatenominated mr. zaoto. both of those nominations in the charter of them it will be heard later on today. that concludes my report unless there are any questions. >> thank you. commissioner antonini: mr. rogers, in the proposed legislation is passed, would require us to look at the negative affects of any particular project might have on the loss of jobs in one way or another. one would assume this is in addition to i believe it was pro p h that require the city to look at any negative impacts of legislation the city was passing. this would specifically target jobs, correct? >> that is correct. the comptroller's office started as a quick economic look to see if there is something that should be looked at and for their economic detail. there would be additional analysis reporting and perhaps advisory recommendations. in the same way that you review planning legislation, the board could not act on that legislation until eithe