commissioner fung: translator. president goh: speak into the microphone. >> he also wants to add that for some weeks, he was out -- without electricity and gas. [speaking foreign language] for the same reasons, for the reasons, ok? as you probably know, with the economy, there is a lot of struggling, and he has a two- year-old daughter that he has to support, you know, so, basically, he is coming to appeal. commissioner peterson: does he live on the property? >> yes, he does. commissioner hwang: and were there people occupying the two other units. >> yes, and they are more like relatives, cousins, uncles. commissioner hwang: are they tenants? >> [speaking foreign language] only one room. he has one tenant. commissioner hwang: thank you. director goldstein: anything further, mr. duffy prove the matter is submitted -- mr. duffy? the matter is submitted. president goh: comments. commissioner fung: i guess i will be consistent. i am normally against the multiple penalties. in this instance, not only will he be paying a

commissioner fung: whatever. the second question is your department handles all the database for this program. >> the department had to create a new database for this program once we were provided, you know, the direction from members of the board through legislation to start managing this new program. commissioner fung: and your department tracks and monitors the application process? >> for new applications and for all police department permitees who came to us within 90 days, yes. commissioner fung: let me restate that a little bit. as an example, the building department has a permit process whereby they have the final approval and also goes out to a number of departments who sign off but they're responsible for tracking it? your process here also has multiple departmental, from department of health, police, etc., right, that have to sign off on the application? >> that would be correct. commissioner fung: and your department has the responsibility to track and monitor that those have been signed off? >> that w

commissioner fung: ms. short, it's kind of interesting to have a case here on fell street when we had one on fell last week. >> oak last week. commissioner fung: reasonably in the same area. not necessarily exactly. but my question relates to, does the city have good information on when these trees were planted throughout the city? >> the quick answer is no. we have good information on some parts of the city, and we certainly have good information on trees that have been planted in the last 20 years or so. but prior to that, we have records, permit records if the trees were planted with a permit which does even occur on city maintained streets sometimes and in some cases when they were part of, for example, a redevelopment area then we have those records. commissioner fung: for the older stuff which i'm curious about is, i assume that most of the city maintained trees were not planted at the same time as the other ones. >> that's true. there's a wide range of -- commissioner fung: as an area developed, perh

commissioner fung: ok. all right. commissioner goh: i have a question that brought to mind, ok, if mr. castillo is applying for a permit for the same location, is there any weight given to -- i don't know if it's true or not but we heard there's allegations he's been running that cart without a permit for some time. >> this is the first time the department of public works has been informed. we've been informed previously and once it was brought to our attention, we directed mr. castillo to cease and desist and at such time he acquire as permit under public works to operate. my understanding is right now we hav other objections except from mr. as -- ascarrunz and once the information was provided to us we sent inspectors out to validate and there was no one up there to inspect it. commissioner goh: he was given a cease and desist and he did cease? >> that's correct. president garcia: i don't understand, this gentleman, the appellant, mr. ascarrunz has two permit with, one for 28 and one for 2300 block of mission. so on

commissioner fung: that is correct. secretary pacheco: on that motion, vice president garcia, commissioner hwang -- commissioner hwang: i just want to say that i would have voted for it without the modification. secretary pacheco: president goh. president goh: aye. item 12 was postponed. director >> welcome to culture wire. we will look at the latest and greatest public art project. recently, the airport unveiled the new state of the art terminal. let's take a look. the new terminal service and american airlines and virgin america was designed by a world- renowned architecture's firm. originally built in 1954, the building underwent massive renovation to become the first registered terminal and one of the must modern and sustainable terminals and the united states. the public art program continues its 30-year legacy of integrating art into the airport environment with the addition of five new commissions that are as bold and dynamic as the new building. >> this project was completed in record time, and we were able to i

commissioner fung: that is correct. secretary pacheco: on that motion, vice president garcia, commissioner hwang -- commissioner hwang: i just want to say that i would have voted for it without the modification. secretary pacheco: president goh. president goh: aye. item 12 was postponed. director goldstein: there are no further items on tonight's agenda. president goh: adjourned. captioned by the national captioning institute >> hey, kids. ready to get out and play? check out these totally extreme classes. indoor street hockey, martial arts, kayaking, repelling. want to catch some waves at the beaches in norcal? >> how about grinding rails at your local rec center? let's check out two programs with sf rec and park. get out and play in the beautiful beaches of northern california. the best time of year for norcal surfing starts in the fall. september and october are typically the warmest months of the year with highs in the 70's and great offshore winds. water temperatures range in the mid 50's, so get your wet suit on,

commissioner fung: aye. h vice-presidentwang: aye. commissioner goh: aye. >> the motion is approved. >> moving back to item number five, a few jurisdiction requests. the board received a letter from jakke bryson requesting that the board takeover jurisdiction over variants case 2010. $1.74v -- 2010.1074v and a permit -- and a building permit application. the appeal period ends on may 16, 2011 and june 16, 2011. the jurisdiction requests were received at the board office on december 30, two dozen 11. the project, rear yard variants, adds one dwelling unit at the second and third floors within a three-story building that covers the entire lot. the project of the building permit is an interior renovation within existing shell including 730 square feet on outdoor open space within to corker corp. -- within two courtyards, subtracted from building volume, new windows on the north west and south facade, no change to the east facade, no change to a number of parking spaces, conversion of offices to residential single family. >> good evening.

commissioner fung: -- president goh: we need to make disclosures if we have any. and i actually have some. commissioner fung: i have not been to any of these restaurant. [laughter] president goh: i frequent coffee trucks and this morning, i went to blue bottle coffee truck on market street. none of that context will affect my decision making. go ahead, commissioner fung. commissioner fung: this is not a simple issue. neither side, in their presentation, presented a course of action for me, on this board, easily. there were elements of presentations from both sides were i both agree and disagree. when it came down to it, two points in focused my decision and it became solidified as i heard the rebuttals. as an aside, one of the things i really did not want to hear was the concept of medallions for these food truck, because i sat in at the very -- at the very beginning. that did nothing for us. the two things that focused my attention and has affected my decision making are the following -- first, our cit

go ahead, commissioner fung. commissioner fung: this is not a simple issue. neither side, in their presentation, presented a course of action for me, on this board, easily. there were elements of presentations from both sides were i both agree and disagree. when it came down to it, two points in focused my decision and it became solidified as i heard the rebuttals. as an aside, one of the things i really did not want to hear was the concept of medallions for these food truck, because i sat in at the very -- at the very beginning. that did nothing for us. the two things that focused my attention and has affected my decision making are the following -- first, our city agencies are expected to create a consentual atmosphere. i do not see that here. i see that it has not occurred. i think that agencies have been able to help focus, to help refine the legislation so that they wind up creating a greater amount of consensus. as an example, when we dealt with limitations on the number of restaurants on a street, when it dealt with certain types of restaurants that we

commissioner fung: i will start. what is before us is a tradition request on the variance which is granted spring of last year. the building for that all the variants -- that followed that variance. what is before us is not anything that relates to the discretionary review in process itself. the c.u. process for the wireless, which we have no heard you on, would have been better venues for the jurisdiction requester. the issue for me is in between -- between knowledge of the impending project at that time, there was an extremely long gap to the point where it took notice of construction starting to bring forth a jurisdiction request. have -- the appeal of the variance and the permit itself has aged tremendously. i am not prepared to accept jurisdiction at this point. vice president hwang: i am also inclined not to grant jurisdiction. the information provided by the zoning and mr. was useful for me to understand the communication to occupants in the building. i appreciate the clarification of what was going on with th

on that motion, commissioner fung: aye. commissioner hwang: aye. president goh: aye. >> those minutes are adopted. >> before the meeting started, i have been informed that item #9 have been informed that item #9 has reached an agreement.

commissioner fung: it did make sense. thank you. >> enter department -- interdepartmental comment. >> i have a few comments and that was subject to discretionary review. there was a notice, no neighbor views were filed. there was a hearing and the requestor did submit a letter in support of the project and this -- no complaints have been filed with the building department related to the construction of the building. the most recent visit was regarding framing and that was in the middle of december. it is our understanding of the project does comply. i am available for any other questions. >> i have a question about the poles. what do you think of a project's sponsor putting up story polls that do not represent the code -- spoke -- scope of the project. it is difficult for some of us to read plans, to rely on story polls as representative of what they might expect to see. >> it is not a requirement of the planning department nor is it enforced by the planning department's. we do not verify. we rely on plans, the accurate r

on that motion, commissioner fung: aye. commissioner hwang: aye. president goh: aye. >> those minutes are adopted. >> before the meeting started, i have been informed that item #9 has reached an agreement. i am wondering if you like us to call that item next? president garcia: please do a. >> the subject property is 1400- 14 02 kansas street. it is the appealing the imposition of penalty on october 26, two dozen 11 for construction work done without a permit. if there would like to step forward to confirm to the board with the agreement is, we can ask them to take action.

commissioner fung: you're across the street. >> i am right across the street. this is a block where you have a lot of noise echoing through the way the school is built in the way my courtyard is bill. the sound bounces around and i think the trees to provide some insulation and some relief from the street noise. there is a lot of traffic. oak st. is a heavily traveled thoroughfare. it has one way lights going up franklin which is another major 0 fair -- to repair. you have a lot of traffic. this does provide some insulation as well as some relief from the pollution and most of all, those trees make the street very beautiful. i do not want to characterize the school across the street as being ugly, but it is an institutional building that is built in the 1950's, i am guessing. i think we know what that looks like. president goh: thank you. the agent from -- for the permit holder. >> good evening. commissioners and staff. we're here tonight in response to the appeal. representing international center for schools. we're here in response to the appeal concerning th

garcia and commissioner fung. commissioner peterson has resigned for the board and commissioner hwang is absent for the evening. when a vacancy exists on the board, the board may overrule the action of the department by a vote of three members. four votes are not required to overrule a departmental action in. that is why we are able to meet with only three members present. if the absence commissioners vote could make a difference, the board will allow the absent commissioner to participate in the vote. we are also joined by deputy city attorney francesca who will provide the board with any needed legal advice. at the controls is the victor. and i am sylvia gold steam. we are joined our representatives who have matters before the board. jarvis murray is here representing the division of taxis. john fong is here representing the department of mapping. and anthony greco is representing the department of building inspection. at this time, could you please go over the meeting guidelines. >> the board request that you t

commissioner fung: aye. vice president garcia: aye. >> the minutes are adopted. >> i will call item no. 4, appeal number 07-209, gary martinovsky versus the taxi commission, appealing the removal on august 30, 2007 of the appellants name from the public convenience and necessity medallion waiting list. this was on the board called the chair calendar for the past four years awaiting the outcome of a lawsuit filed against the city in which subject matter was being considered. that litigation is now over and when contacted, the appellant indicated that he wanted to have this matter heard. an october hearing that was elected but after mr. martinovsky failed to submit a brief, the matter was rescheduled to this date. mr. martinovsky indicated he was unhappy with the hearing date but refused to suggest an alternative. during a telephone conversation late last week, he indicated he did not attend to appear today. i am assuming he is not here. with that, i would recommend that we call the department representative t

commissioner fung: i will start. what is before us is a tradition request on the variance which is granted spring of last year. the building for that all the variants -- that followed that variance. what is before us is not anything that relates to the

>> commissioner fung, is that on the basis of no error? >> that is correct. >> we have a motion from commissioner fung to deny the appeal on the basis there was no error by the zoning administrator. president garcia: aye. vice president hwang: aye. commissioner goh: no. >> the granting of this variance is up held. vice president hwang: we will move on to item number 12. francis mcdonald vs department of building inspection. the property at 340 spuruce street. permit to alter a building. application number 201130 four zero. we will begin with the appellant. >> good evening, my name is francis mcdonald. >> if you would pull the microphone closer. >> week, the tenants, on this building -- we, the tenants, of this building have been penalized when they hire unqualified contractors who do work beyond the scope of a permit when i do request to permit. as they did in the case of -- construction to read it was not a certified contractor at the time they began their work. they did corps' work. by the end of their work they did get to the certificat

commissioner fung: ok, take your time, sir. we understand your situation. >> i am a family, and i am the only one working right now. -- i have a family. director bornstein -- goldstein:

fung? moore? sugaya? olague? >> aye. >> antonini is recused. and is there a motion on item number 5? >> i moved to approve item #5. and i thank you, commissioners. on the motion to approve item #5 as it has been proposed? thank you, commissioners. the item has been approved as proposed. you are now at the general public comment category. members of the public may address you on items of interest to the public, that fall within the subject matter jurisdiction of the commission. the agenda items may not be addressed through this -- with respect to this category, each member of the public may address you for up to 3 minutes. the entire category has a 15- minute time limit. bob iverson, followed by brad paul? >> i would like to use -- >> if you could identify yourself, this will come up automatically. >> i am bob iverson. i have masters degrees in urban planning and architecture, and i cannot believe i have been practicing for 18 years already in architecture. my concern is with the presentation that has been brought forth on 8 washington. this is

commissioner fung: these are city-owned trees? >> these are. i will take a moment to clarify. if the city identifies a tree should be removed, through our own routine inspections or at the request of a property owner, the city bears the cost of the removal. if the city determines that we would not agree with removal of another tree, the property owner has the right to apply to remove the tree at their own cost. the school, because we did reevaluate after that june failure. i will say we looked at -- it appeared sound. we would not have predicted the failure to have occurred when the dead. i would dispute it is not simply that it was rainy. that is the structural flaw that these trees are prone to with these multiple attachments. sorry, to jump back. if that property owner applies to go through the permit process subject to the appeals and if the permit is granted, the property owner bears the cost of removal. commissioner fung: along those same lines, on city-owned trees, the maintenance of those trees are done by city staff or outside contractors? >> parmele by city staff. in