bobbie wilson] motion approving/rejecting the president of the board of supervisors', supervisor david chiu, nomination of bobbie wilson to the board of appeals, term ending july 1, 2018. clerk of the boardd charter, section 4.106, provides that this nomination is subject to approval by the board of supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the clerk of the board. if the board fails to act on the nomination within 60 days of the date the nomination is transmitted to the clerk then the nominee shall be deemed approved. transmittal date: july 18, 20144sf 31234 >>supervisor katy tang: thank you at this time i would like to give our board president an opportunity to speak on these items. >>supervisor norman yee: thank you madam chair and colleagues. i would like to thank you for attending this particular hearing. i would like to say a few words at the outset in support of the nominations that i have made today. first up is kathrin moore who i think all of you know. i have decided to nominate her to rea point her back to the planning commission for a third term.

the department of technology. the closest they got was the d.v.d. i was given 10 days after the board of appeals hearing which was the last possibility for administrative review without seeking judicial review. that's how it is with the california environmental quality act. after the board of appeals makes their determination you have 10 days to file rehearing requests. the planning department complied substantially with the request 12 days after meaning they pushed the project forward while holding back the information i needed because the information on that cd i was given at that time and one of the members of the sunshine ordinance task force we have a computer let's stick it in and see what's on there and in the middle of the hearing i am seeing emails that have to do with this study so everything i was saying to the the board of supervisors, the board of appeals the planning department was rooting for the project pushing it forward while saying they didn't have -- so they were pushing it forward while not having the information. why is john rahaim here on charges from the sunshine ordinanc

and i think is very much really important thing for something as important as critical as the board of appeals which is what happens when you have a pro per someone who is representing themselves who may not have the skills, the ability as way of getting their story out and making sure there is an equal opportunity given for that side of the case being heard. i really appreciate that point that you made and it very much goes to who you are and if you can expand on that because i think it's very important. >> i think there is a perception that courts and bodies like this are only open to people who can afford them, and that people who bring lawyers and people who have money to take the time to pull together maps and all the things to present a very cogent case. when i was an expert, there is a litigant who was a pro per. i watched the judge go out of his way to sort of walk the pro per person through what he needed. so for the judge who knew what he needed, he wasn't going to side with him per say. he wanted to say, do you have this document, yeah, i have this document. okay, bring that up. giv

the shed no further review is required. >> commissioner sugaya. >> yes. i was going to ask that same question but in terms of the decision can it be appealed to the board of appeals. >> presumably. it did not require a variance i'll ask the city attorney this but it's a non-decision so is that appealable. that's a variance issue the decision not to require a variance is appealable >> just some background there's currently a variance from the recorder this was associated with a rear yard shed that the current proposal is proposing to remove so he determines the variance is not requiring additional review because their removing the purchase of the original variance. >> commissioners kate from the city attorney's office if there's a written statement if there's not and no variance the decision here there's nothing that's appealable to the board of appeals. >> i had another question not a question just a comment or observation perhaps excavation work was to egregious that sequa would have to go beyond a negative declaration that, too is not within the pressure view of the commission and would, sir if she wanted to challenge the deck they're a procedure separa

the best and commissioner johnson welcome. >> commissioners that place you in directors announcements. >> thank you xhishths on behalf of the commissioners thank you for your staff both on the planning commission and the board of appeals it's been educational for me and the staff we've been preshthd your detail and commitment to the work. secondly, with the reporter to the flower market there's 3 ownership groups the announcement in the paper was the purchase of two of those. so what is then the third a separate purchase not announced by a different buyer i should say so there's a lot of discussions we're organizing the meetings as well and one of the discussion points all or part of the functions should be there or relocated so we'll looking at issue. the good news that morning the mayor signed the legislation schlage lock to allow that project to move forward. there was a signing ceremony that involved several members of the community that worked on this for 15 years so at long last with the dissolution with the redevelopment agency that threw us for a loop so we're pleased hopefully, this will move forward within a year or so that concludes my presentation. thank you >> thank you, commissioners item 8 review of pas

this and training the interims giving them a range of experience so we welcome you for the summer >> welcome. >> item 5 review of past events at board of supervisors the board of appeals and the historic preservation. >> good afternoon aaron starr at had this week's planning committee we had an informational policy sponsored by supervisor campos it will amend the in take procedures to get an application if the project sponsor of at least 10 dwelling units about internal policies that discriminate against the lgbt community it was heard and the commission voted for approval. public comment at the land use hearing note that the lgbt community continues to phase discrimination and emphasis the data that will be collected as a sunlight of the process. the supervisors decision was brief only supervisor wiener commented he noted the proposed ordinance provides common sense information and it was approved and sent off to the full board. at full board this week this week the dwelling bonus for affordable housing sponsored by supervisor wiener supervisor cohen and supervisor kim passed its second reading and the ordinance sponsored by the mayor passed its second reading and th

>> good evening, welcome to the july 16, 2014 meeting of the san francisco board of appeals, the presiding officer this evening is board president ann lazarus and she joined by hurtado, frank fun and brian will provide us with legal advice and joined with the city departments who have cases before the board, scott sanchez is here and the city administrator. and joseph is here representing the department of building inspection, and short is here for the public use of street use and mapping and young from the envier menal section of the department of public help, if you would please go over the board meeting guidelines and conduct the swearing in process. the board requests that you turn off all phones and pagers so that they will not disturb the proceedings. appellants and permit holders and department representatives each have 7 minutes to present their cases and three minutes for rebuttals. the people affiliated with these parties must include their xhepts within the 7 or 3-minute periods, members of the public who are not affiliated with the parties have up to three minutes to address th

move forward on a motion approving -- amend the motion to approve ann blumlein lazarus to the board of appeals pending reck ommendation to the full board of supervisors. >> thank you. i'm happy to support that motion. i think that when the issue of reappointment comes up, the question is has this individual done what you'd expect of a commissioner, and i know that commissioner blumlein lazarus takes her role very seriously and is well prepared and i think it's a good reappointment so i'm happy to support it. >> okay. before we take supervisor tang's motion, is there a motion to delete from line 3 and 11 -- the board reject? >> so moved. >> with no objections then amendment is made. there's a motion on the floor to approve this nomination. any objections? seeing none, motion is passed. congratulations. okay. let's move on, item number 2. >> approving or rejecting the mayor's commission of legal frost [inaudible]. >> mr. frost. >> good afternoon supervisors. i'm honored to be the mayoral nominee for the law enforcement seat of the entertainment commission. i'd like to take this opportunity to te

approve the president of the board of supervisors president chiu nomination to bobby wilson who's term is ending. >> president chiu. >> thank you, colleagues i'm sure you're aware of the board of appeals is a judicial body that provides the bodies with a wide variety of appeals related to many city decisions. we're talking about the granting and denials and revocation of permits and licenses and acknowledge entitlements surveillance and other discretionary review decisions. i wanted to find someone that would quickly grasp a myriad of extremely complicated and detailed administrative law and factual situations. my nominee is a woman by the name of bobby wilson who grew up in public housing and went to columbia law school and fighter for individuals that have obey discriminated against and over a number of years she was been named one of the top lawyers in cancel super lawyer a rising star as the first african-american and lesbian partner at two highly recognized laurmdz in california. part of how i learned about here in addition to the community voices she served as the pro bono council working with terry stewart and enjoyed that and decided to seek for service for the city i ended up

the place because of bobbie wilson's place. i'm keenly aware of the importance and fairness in city government. if bobbie wilson would have the opportunity to serve on the board of appeals, she would bring professionalism and common sense, street as smart as and passion for fairness and justice and a great dose of good humor. if there is anything else i can do, i would. thank you very much. i would hope you would consider her for the board. thank you. >> good afternoon, supervisors. my name is joshua right on. i'm a lawyer practicing in san francisco. i have practiced with bobbie wilson for over ten 10 years now. i want to echo a few statements that we've already heard. i was raised like supervisor campos by bobby as a lawyer and very grateful for her guidance. over the last ten years 10 years i have gotten a unique opportunity to observe the kind of lawyer that she is, the kind of professional that she is and the kind of person that bobby is. she's a host of qualifications, a host of strength and in each of the role, lawyer, professional and person, she really, i think demonstrates what a remarkable leader she is as well. she's a generous machine -- mentor and i know t

president chiu nominated bobby wilson to the board of supervisors it's been vacant by wang and it was her last meeting and we appreciated her leadership on the board of appeals and she was a great voice and will be missed and add my sentiments to commissioner sugaya leaving he be you're great voice on the commission appreciated serving with you and also the experience you bring with the past experience with the landmarks so thank you. >> commissioners, if there's nothing further move ton opi address the commission on matters that are within the commission's jurisdiction and are not on today's agenda. members of the public may address the commission up to 3 minutes i do have one speaker card. >> steven henry. >> i'm steven henry a property owner on el gunmen park not far from where the supervisor mentioned he had dinner i won't be here on august 7th to give my support. i bought a building 10 years ago and did the condominium conversion i know you know the procedure of the paperwork i started it to help with competitions and bills i wanted to give my support into that and speak to the matter in that area when i bought the freeway was coming down hyperdermic ne

robert for the appellant that has 7 minutes. >> good evening chair and the members of the board of appeals we're here tonight an, an nc d permit that was issued to waterfall wellness to operate an mc d the board need only consider the simple facts not get imbroiltd with a lot of extraneous stuff decide the litigation too the permit and the commission and really don't need to entertain a dispute between the parties. the motivations don't matter what we have a simple case should the city entrust the gentleman and it's stepdaughter with an mc d permit they are the urban relieve before mr. shep came in and began operating the waterfall wellness at the location. i'm sorry, i have a couple of things for the overhead. and, of course, >> you had it correct the first time. >> now again, you don't need to get into the disputes between the parties are those issues that are being litigated between them we know in 2011 shortly after the location had a fire caused by unpermitted i uninspected electrical work throughout the building and an, anlogically grow specific to conditions the planning commission

said the conditional use was for the square footage of the project and two because of formula retail issues and the suspended work on the project then the board of appeals said the planning department was wrong but had to work out the aids issues they wanted to know what the do and the work was done with the planning department and the zoning administrator said the suspense on the work could stop this is with back before the formula retail issue this is a process that has been going on for many, many months a it unfairly targets this health care clinic and pharmacy this is not where we consider a formula retail use this won't change the mixed use in the neighborhood moving one pharmacy to another location and certainly not walgreens or cvs but a health care foundation for service to the patients. to derail this with the legislation we're almost through the process of the broiling i think it's bad public policy and bad because the health care agency wants to serve the people in the city thank you very much >> next speaker >> hello adam for the aids health care foundation. aids health care is a nonprofit health care provider for over 12 years serving unin

. >> commissioners, i'm 6, review f of past events of the board of supervisors, board of appeal, there was no historic preservation commission yesterday. >> good afternoon, erin star, planning department staff, at the land use committee this week, the committee considered supervisor wiener's legislation that adjusted density calculations, from projects of 20% or more affordable units on-site. this commission heard this item on june 12 12* and recommend the board doment the proposed amendments, the boerpd was passed unanimously by the committee, those supervisors kim and cohen added their time as co-sponsored, at the full board, the 2009 housing element passed on its second read, and the rose was continued to july 8th. the mission alcoholic beverage special use district was also heard, this ordinance would amend the beverage to allow other entertainment use that is are physically sbe grated witched a restaurant use to obtain a liquor license, this commission heard this item tennessee may 22, 2013 and moved the proposal, this ordinance passed its first read without any discussion. we had

serve on this board and i appreciate that you want to give back to the community and use your skill set to help the community antd folks that do have to appear before the board of appeals which is often the last stop that people have and their last hope. i appreciate that and look forward to working with you in this capacity and support supervisor's ability to amend this and with full support to the board of supervisors with recommendation of full support. >>supervisor norman yee: ms. wilson, it's really nice and refreshing to have somebody not only well qualified professionally for this position, but when you say you want to give back, a lot of people say that. but when you listen to them you wonder what they really mean when they give back, but eye a -- i have a strong sense that it's not only this time, but you've always given back. the other thing i really appreciate about you that you will bring to this board is your very strong strong sense of social justice. i appreciate your view on this and how you see things. if everybody in the world were like you, it would be perfect. so there is a motion on the floor and i think everything has been said for the motion, ame

the transportation issues so congratulations. >> commissioners 8 review of past events at the board of supervisors there were no hearing for the board of appeals or the historic preservation yesterday. >> good afternoon aaron starr planning staff this covers the week of july telegraph hill to 11. on june 30th was a resolution to establish the transbay center the proposed legislation includes the two resolutions and support document they presented the documents consistent with the transit joint authority talked about the project and community members asked a number of questions proirl regarding the funding and supervisor wiener expressed concern with the funds will be used toward phase one the rooftop park and leave less funding for the downtown rail expedition and ken rich talked about the rooftop park supervisor wiener hesitate you hesitate officer got a letter had raised a number of concerns regarding a the tax. there's one public comment in support jim harassing the item was forwarded to the board with recommendation. also the general planning code amendment for schlage lock perverse nor the predevelopment and this ordinance came to the com

the effective date of the ordinance. and the board of supervisors also determined that a permit does not final if the permit is subject to a pending appeal. this ordinance was approved by mayor ed

the effective date of the ordinance. and the board of supervisors also determined that a permit does not final if the permit is subject to a pending appeal. this ordinance was approved by mayor ed lee on april 8th and went into effect on june 27 and the brief was due on june 26 and was not added into that filing. >> appellants oppose the installation on this facility because all of the utilities as we understand should be under granted and in san francisco, this will be done. and appellant was a member of the undergrounding task force in 20052006 in representing district eleven. and recommendations to the board of supervisors was sent and filed on january 26th, 2007. at&t had a seat on that task force and that is exhibit f, and in the appellant's brief. we also opposed this facility because, not only did the attorney refuse to negotiate a settlement in this action, they refused to discuss alternate locations. and since we have five minutes left i would like to give them more time and we are asking that you up hold at peel in light of what was presented to you ethank you. >> thank you. >> thank you, commissioners. and my name is nancy and

of time. maybe a general number. >> right now, i have 276,000 appeal -- things that the board -- appeals -- not at the board of veterans appeals. in the whole end-to-end process. that includes vba's portion, vba's portion, vso's portion, because they have a chance, an opportunity to do things, and it does not include the court. >> whatever it is, that's a huge number. how long do you expect them to grind through that with veterans who've already waited years in many cases to get from, through the first point, and then to find out that their case has been tossed and pushed back to the veterans board of appeals? >> so, congressman, i won't -- i'm not going to blow any smoke on this. we need a better way to do this process. this appeals process. it is not -- we are not doing the best we can do by veterans in this appeals process. i can tell you -- >> because 97% of them get remanded back, my understanding, to the regional office once again. so it's time lost for veterans, big time, especially when they're in a bad way, so, first of all, we are -- vba's part of this is to do three things. those thr