2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
AGENDA FOR REGULAR MEETING - WEDNESDAY, APRIL 6, 2005
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
(1) PUBLIC COMMENT:
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At this time, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board except agenda items. With respect to agenda items, your opportunity to address the Board will be afforded when the item is reached in the meeting with one exception. When the agenda item has already been reviewed in a public hearing at which members of the public were allowed to testify and the Board has closed the public hearing, your opportunity to address the Board must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President may continue Public Comment to another time during the meeting.
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(2) COMMISSIONERS COMMENTS & QUESTIONS:
(3) ADDENDUM ITEMS
(3A) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 578-592 Jersey Street. Permit revoked on November 16, 2004. Last day to appeal was December 1, 2004. Jurisdiction request received on February 23, 2005. Letter from William Abend, agent for Del-Camp Investments, requestor(s), asking that the Board take jurisdiction over the revocation of Building Permit Application No(s). 2004/01/27/4922. Reasons for revocation: the subject permit was issued in error since it was disapproved by the Planning Department because the proposed vinyl windows are inappropriate for the building.
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(3B) REHEARING REQUEST:
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Subject property at 454 – 17th Avenue. Letter from Esther Lau, appellant(s), requesting rehearing of Appeal No(s). 04-147 & 04-174, decided Feb. 16, 2005. At that time, upon motion by Commissioner Fung, the Board voted 4-0 to uphold both permits on condition that the permit holder acoustically treat the bathrooms for appropriate sound isolation as required for new condominiums under the Building Code. Project: 1st permit, on single-family house, master bath addition; bathroom renovation on 3rd floor to comply with NOV No. 200453961. Project: 2nd permit, on single-family house, dry rot framing and siding repair, refer to Building Permit Application No. 2004/10/01/5795 and NOV No. 200455119. Permit Holder(s): Curt Sigfstead & Lara Witter.
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(3C) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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No specific subject property. Request to renew street-artist permit denied on May 19, 2004. Last day to appeal was June 3, 2004. Jurisdiction request received on March 16, 2005. Letter from Paula Datesh, requestor(s), asking that the Board take jurisdiction over the afore-mentioned action by the Arts Commission.
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(3D) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 438 Clementina Street. Permit issued on September 17, 2004. Last day to appeal was October 4, 2004. Jurisdiction request received on March 18, 2005. Letter from Allison & Thomas Kohler, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2000/11/29/6742S. Permit Holder(s): Raul Arriaza. Project: construction of 6-story, 20-unit residential/commercial building with 5,625sf of ground floor area.
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(3E) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 973-975 Guerrero Street. Permit issued on December 15, 2004. Last day to appeal was December 30, 2004. Jurisdiction request received on February 24, 2005. Letter from Lynn Sulley & Lee Taylor, requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s).2004/12/15/1488. Permit Holder(s): Henry Lucero. Project: repair sheet rock, ceiling and floors due to fire damage in kitchen and baths; for units 973 & 975 only.
Note: Public hearing held March 30, 2005. For further consideration today.
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(3F) JURISDICTION REQUEST TO ALLOW LATE FILING OF APPEAL:
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Subject property at 368-370 Dolores Street. Permit issued on December 3, 2004. Last day to appeal was December 20, 2004. Jurisdiction request received on February 17, 2005. Letter from Karen Hull, attorney for Graciela Garcia et al., requestor(s), asking that the Board take jurisdiction over Building Permit Application No(s). 2004/11/19/9985. Permit Holder(s): Ugo Sap. Project: on 2-unit building, comply with NOV No. 199816131, revert back to 2-family dwelling from 10 illegally converted guest rooms, and rebuild egress stair at rear.
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(4) CONSENT ITEMS (DBI PENALTY):
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With the consent of the Dept. of Building Inspection, the Board will proceed to a vote without testimony to reduce the penalty (investigation fee) to two times the regular fee as provided for in the Building Code. Without consent the Board will take testimony and then decide the appeal.
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(4A) APPEAL NO. 04-201
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HOADY FAMILY
REVOCABLE TRUST, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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466 Paris Street.
Appealing the imposition of penalty on Dec. 22, 2004, for work done without a permit (on a 3-unit residential building: legalization of work without permit; 2nd egress; no change of use; sprinkler permit will be obtained by contractor).
APPLICATION NO. 2003/02/13/7441S.
FOR HEARING TODAY.
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(4B) APPEAL NO. 05-026
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M.R. NAIR, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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152 Bertita Street.
Appeal for refund of penalty imposed on February 11, 2005, for work done without a permit (on single-family house: abate NOV No. 200232575; restore original condition approved on May 21, 1990; current owner does not know location of illegal rear addition that was started by previous owner).
APPLICATION NO. 2005/02/11/5351.
FOR HEARING TODAY.
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(5) APPEAL NO. 03-154
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ULYSSES NAPURI
dba “LAST STOP SOUVENIR”, Appellant(s)
vs.
DEPT. OF PUBLIC WORKS
BUREAU OF STREET USE & MAPPING,
Respondent
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498 Beach Street.
Appealing the denial on May 5, 2003, of a Sidewalk Display Merchandise Permit.
ORDER NO. 174,098.
JURISDICTION GRANTED ON 9/17/2003.
PUBLIC HEARING HELD ON 12/10/2003.
FOR FURTHER CONSIDERATION TODAY.
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(6) APPEAL NO. 04-160
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BUSH & OCTAVIA REALTY, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT DISAPPROVAL
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1801 Bush Street.
Appealing the denial on October 6, 2004, of Permit to Erect a Sign (6’ X 4’ sign, 8” thick, 120lbs in weight, with 24sf of total surface area, and 20sf of advertising space).
APPLICATION NO. 2004/06/08/5834.
FOR HEARING TODAY.
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(7) APPEAL NO. 04-200
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CLAUDINE RYAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING COMMISSION DISAPPROVAL
§ 14 Party: N/A (Mandatory DR)
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21-23 Jersey Street.
Appealing the denial on December 21, 2004, of Permit to Alter a Building (merge 2 units into single-family residence; remove partition walls at top and bottom of stairs and replace with guardrails; reference previous Building Permit Applications 2000/09/29/1932 & 2000/10/27/4285).
APPLICATION NO. 2004/07/01/7869.
FOR HEARING TODAY.
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(8) APPEAL NO. 04-203
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KEN PAGE
& VINCENT LEGER, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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21 Buena Vista East Avenue.
Appealing a Permit Suspension Request dated December 14, 2004, addressed to Dept. of Building Inspection Acting Director Jim Hutchinson, requesting that all Building Permit Applications associated with the subject property be suspended. Reason(s) for suspension: the Planning Department believes the owners have pursued a “serial permitting” strategy to effectively convert the home in question from 14 guest rooms and one dwelling unit into a single-family dwelling without proper public notification and in contradiction of the Planning Commission’s actions per a Dec. 12, 2002 public hearing.
APPLICATION NOS. 2004/02/27/7379, 2004/02/27/7382, 2004/06/28/7501 & 2004/06/28/7503.
FOR HEARING TODAY.
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(9) APPEAL NO. V04-204
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ELIZABETH FREITAS, Appellant(s)
vs.
ZONING ADMINISTRATOR, Respondent
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1915 Diamond Street.
Appealing the denial on December 16, 2004, of Minimum Lot Area & Rear Yard Variances (proposal is to subdivide an existing through lot of approximately 4,322sf in area into two separate lots).
VARIANCE CASE NO. 2004.1108V.
FOR HEARING TODAY.
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ITEMS (10A), (10B), (10C), (10D), (10E), (10F), & (10G) SHALL BE HEARD TOGETHER:
(10A) APPEAL NO. 05-023
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MARGARET & ARMEN DILDILIAN, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(10B) APPEAL NO. 05-024
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KAY CAVAGNARO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(10C) APPEAL NO. 05-025
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DAVID GOLDBLATT
& CHRISTINE BEARD, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(10D) APPEAL NO. 05-029
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BOBBY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(10E) APPEAL NO. 05-030
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LILY LONG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(10F) APPEAL NO. 05-031
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JOSEPH YU, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(10G) APPEAL NO. 05-032
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JOHNSON YANG, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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345 Noriega Street.
Protesting the issuance on February 2, 2005, to Sean Duffy, Permit to Alter a Building (on single-family house: 1st floor, open garage door up, enclose staircase; 2nd floor, remodel powder room, kitchen and family room; 3rd floor, new bedrooms (3), baths (2) and laundry).
APPLICATION NO. 2004/02/05/5689S.
FOR HEARING TODAY.
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(11) APPEAL NO. 05-027
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ROBERTO & JOSEPHINE SOTO, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPT. APPROVAL
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452 Wilde Avenue.
Protesting the issuance on February 2, 2005, to M.E. Godinet, Permit to Alter a Building (on single-family house: rebuild deck, replace in-kind using existing footings; comply with NOV No. 200557087).
APPLICATION NO. 2005/02/02/4573.
FOR HEARING TODAY.
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(12) APPEAL NO. 05-028
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OSWALD COUSINS, Appellant(s)
vs.
DEPT. OF BUILDING INSPECTION, Respondent
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837-839 Hayes Street.
Appealing the denial on February 9, 2005, of Permit to Alter a Building (correct the record to reflect two legal existing units; no work proposed).
APPLICATION NO. 2004/04/28/2525.
FOR HEARING TODAY.
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ADJOURNMENT.
Note: Each item on this agenda may include the following documents: 1) Appellant's Preliminary Statement of Appeal and Brief; 2) Permit holder's, Respondent’s or Other Parties’ Brief; 3) Appellant’s Reply; 4) Department decision, order, permit, determination, resolution, or Notice of Violation; and 5) Correspondence. These items are available for review at the Board's office, 1660 Mission Street, Room 3036, front counter. Please call 415-575-6880 if you have any questions concerning this agenda.
Date posted: March 31st, 2005
MEMBERS OF THE BOARD OF APPEALS
HISASHI B. SUGAYA ACTING PRESIDENT
SABRINA N. SAUNDERS ACTING VICE PRESIDENT
FRANK FUNG COMMISSIONER
RANDALL KNOX COMMISSIONER
CLAUDINE WOEBER - OFFICIAL COURT REPORTER 415-506-0430; THE PRESIDING OFFICER WILL CALL A RECESS AT 6:30 P.M. & WHENEVER NECESSARY FOR THE CONVENIENCE OF THE COURT REPORTER.
PROCEDURE AT HEARINGS
The order of presentation of an appeal shall be as follows: In the case of appeal of denials, revocations and suspensions the representatives of the department, board, commission or person from whose order the appeal is taken shall speak first and shall be allowed seven minutes for their presentation and three minutes for rebuttal.
The appellant whose permit has been denied, revoked or suspended shall be allowed seven minutes for oral argument and three minutes for rebuttal.
In the case of protest appeals, the protestor shall speak first and shall be allowed seven minutes to present oral argument and three minutes for rebuttal, and the permit holder shall be allowed seven minutes to present oral argument and three minutes for rebuttal. The Board may request a departmental response at its own discretion.
Other persons desiring to speak before the Board on an appeal may speak once for up to three minutes, unless the presiding officer further limits time uniformly.
SPECIAL NOTES
Mailed notices of public hearings on appeals are sent to all parties at least five days prior to the date of hearing. In the event that a matter is continued to a specific date by the presiding officer and announced to the parties in the hearing room, no additional mailed notice will be sent. Please call the Board office at 575-6880 for scheduling or other information during regular business hours, or visit our website at www.sfgov.org/boa
Briefs are limited to twelve pages, excluding exhibits, which should be tabbed for easy reference. The complete Rules of the Board are available for review at the Board office.
Material submitted by the public for Board review prior to a scheduled hearing before the Board, should be addressed to the Board President, and be received at the Board office, 1660 Mission Street, Room 3036, no later than 4:00 p.m. the Thursday (six days) prior to the scheduled public hearing. Persons unable to attend the scheduled public hearing may submit written comments regarding a calendared item to the Board office. Comments received before noon on the day of the hearing will be made a part of the official record and will be brought to the attention of the Board at the public hearing. For complete distribution to all Commissioners of the Board, necessary staff and case files, submit an original and ten copies.
Pursuant to Government Code § 65009, if you challenge, in court, the approval of a variance or development permit, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Board of Appeals at, or prior to, the public hearing.
Calendared items are sometimes withdrawn or rescheduled to a later date prior to hearing, or are taken out of order to accommodate special needs. The Board urges all parties to be present in the hearing room from 5:00 p.m. so that everyone has an opportunity to participate in the relevant public hearing when it is called.
PROHIBITION OF SOUND-PRODUCING ELECTRONIC DEVICES
The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
ACCESSIBILITY INFORMATION
American sign language interpreters and/or sound enhancement system will be available upon request by contacting Catherine Johnson at 575-6882 at least 48 hours prior to the hearing. Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call the accessibility hotline at 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals. The closest accessible BART station is the Civic Center station located at the intersection of Market, Hyde and Grove Streets. Accessible curbside parking has been designated at points along McAllister Street. Accessible MUNI lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F line. Accessible MUNI Metro lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142.
KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.
For more information on your rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force: Adele Destro by mail to Interim Administrator, Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854; or by e-mail at sotf@sfgov.org. Citizens interested in obtaining a free copy of the Sunshine Ordinance can request a copy from Ms. Destro or by printing Chapter 67 of the San Francisco Administrative Code on the internet at www.sfgov.org/sunshine/.
LOBBYING ACTIVITY
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign and Governmental Conduct Code § 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300; fax (415) 581-2317; web site www.sfgov.org/ethics.
SUGGESTIONS TO IMPROVE EFFICIENCY
The Board welcomes suggestions from the public regarding improvement of the efficiency of its operations. Please direct your comments and suggestions to Robert Feldman, Executive Secretary, at 415-575-6880 or fax 415-575-6885. A customer satisfaction survey form is available at the meetings, the office, and on the web site.
TAPES & TRANSCRIPTS OF MEETINGS & HEARINGS
These items are available for review at the Board's office, 1660 Mission St., Rm. 3036, front counter.
