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MINUTES OF THE REGULAR MEETING OF THE
SAN FRANCISCO BOARD OF APPEALS
WEDNESDAY, NOVEMBER 15, 2000
5:30 P.M., CITY HALL, ROOM 416
1 DR. CARLTON B. GOODLETT PLACE (FORMERLY 301 POLK STREET)
PRESENT: President Arnold Chin, Vice President Sabrina Saunders, Commissioner Carole Cullum, Commissioner Allam El Qadah, and Commissioner John McInerney.
Lawrence Badiner, Zoning Administrator (ZA); Laurence Kornfield, Chief Building Inspector, Department of Building Inspection (CBI, DBI).
ABSENT: Judith Boyajian, Deputy City Attorney (DCA); and Robert Feldman, Executive Secretary for the Board.
(1)PUBLIC COMMENT: 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.
SPEAKERS: Barry Taranto, Joe O’Donoghue, Angus McCarthy and Joe Cassidy.
(2)COMMISSIONERS COMMENTS AND QUESTIONS.
SPEAKERS: Commissioner Cullum, Commissioner McInerney, President Chin and Commissioner El Qadah.
(3)REQUESTS FOR REHEARING:
ITEM A: Revocation of Taxicab Medallion No. 942. Letter from Cindy Lee, attorney for Matthew Wong, appellant, requesting rehearing of Appeal No. 00-036, heard July 12, 2000. Upon motion by Commissioner Cullum, the Board voted 2-3 (President Chin, Vice President Saunders and Commissioner El Qadah dissented) to UPHOLD the revocation. Four votes being necessary to overturn any departmental action, the Taxicab Commission’s decision to revoke the appellant’s medallion was UPHELD.
ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 1-4 (President Chin, Commissioner Cullum, Vice President Saunders and Commissioner El Qadah dissented) to deny the request for rehearing. The motion FAILED and the request was GRANTED, with the rehearing date to be set at a later time.
SPEAKERS: 1. Cindy Lee, attorney for requestor/appellant, urged the Board to grant the request.
2. Thomas Owen, DCA, asked the Board to deny the request.
ITEM B: Revocation of Taxicab Medallion No. 797. Letter from Wing C. Lee, attorney for Jun Wai Chin, appellant, requesting rehearing of Appeal No. 00-104, heard October 4, 2000. Upon motion by President Chin, the Board voted 3-2 (Commissioners Cullum and McInerney dissented) to overrule the Taxicab Commission and replace the revocation with a four-month suspension. Four votes being necessary to overturn any departmental action, the motion FAILED and the revocation was UPHELD.
ACTION: Upon motion by President Chin, the Board voted 5-0 to DENY the request for rehearing.
SPEAKERS: The requestor/appellant and his attorney were not present when the matter was called and passed over several times.
ITEM C: 347A Masonic Avenue. Letter from John Mallory, permit holder requesting rehearing of Appeal No. 00-059, heard June 7, 2000. Upon motion by Commissioner McInerney, the Board voted 4-0 (Commissioner Cullum absent) to GRANT the permit on CONDITION that the subject wall be relocated to the original location as on the subdivision map, and on further CONDITION that all bathrooms, sinks and kitchens built in the storage area be removed.
ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 5-0 to GRANT the request for rehearing, with the rehearing date to be set at a later time.
SPEAKERS: 1. Jack Wholey, attorney for the requestor/permit holder, urged the Board to grant the rehearing. 2. Christopher Visher, attorney for the appellant, also asked the Board to grant the request.
(4)APPEAL NO. 00-084
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ROY CURRY, Appellant
TAXICAB COMMISSION, Respondent
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[Revocation on May 23, 2000, of Taxicab [Medallion #856.
[RESOLUTION NO. 2000-034.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 5-0 to OVERRULE the Taxicab Commission and REPLACE it with a two-month suspension.
SPEAKERS: 1. Thomas Owen, DCA, explained the reasons behind the revocation. 2. James Margolis, attorney for the appellant, urged the Board to overturn the revocation. 3. Craig O’Connor was a witness for the appellant. 4. David Massette also was a witness for the appellant. Public Comment for the Appellant: James Maddo.
(5)APPEAL NO. 00-127
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FRED ARKEDER, Appellant
TAXICAB COMMISSION, Respondent
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[Revocation on August 1 2000, of [Taxicab Medallion #712.
[RESOLUTION NO. 2000-62.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Vice President Saunders, the Board voted 5-0 to OVERRULE the Taxicab Commission and REPLACE the subject revocation with a three-month suspension.
SPEAKERS: 1. Thomas Owen, DCA, explained the revocation. 2. Geoffrey Rotwein, attorney for the appellant, urged the Board to overturn the revocation. 3. Fred Arkeder, appellant, answered some questions from his attorney. Public Comment for the Taxicab Commission: Barry Taranto. Public Comment for the Appellant: Joe O’Donoghue.
(6)APPEAL NO. 00-103
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TERRANCE ALLAN, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[561 Baker Street.
[Protesting issuance on May 11, 2000, [and suspension June 30, to Robert [Sigmund, permit to Alter a Building [(remove top floor of occupancy to [include bedroom, kitchen, bathrooms; [remove private computer room in [basement; provide one hour fire-rated [door to boiler room; remove obstruction [from rear stair).
[APPLICATION NO. 2000/04/11/6894.
[PUBLIC HEARING HELD AND [CLOSED OCTOBER 4, 2000.
[FOR FURTHER CONSIDERATION [TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 5-0 to UPHOLD the sections of the subject permit that request removal of the improvements on the ground floor, to remove the improvements on the roof, to open both stairways, for fire-rated doors to be installed, and that improvements in the attic space as well as the modified stairways meet the requirements of the Housing Code.
SPEAKERS: 1. Laurence Kornfield, CBI, DBI, reported on the life/safety issues in the subject unit.
2. Lawrence Badiner, ZA, commented on certain zoning issues. 3. Steven Collier, attorney for appellant, gave a status report to the Board. 4. Terrance Allan, appellant, answered some questions from his attorney. 5. Andrew Wiegel, attorney for the permit holder, also gave the Board a status report. Public Comment for the Appellant: Joe O’Donoghue.
(7)APPEAL NO. 00-109
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MARK BRADY, Appellant
ZONING ADMINISTRATOR, Respondent
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[640 Wisconsin Street.
[Determination by the Acting Zoning [Administrator dated July 6, 2000 [requiring revisions to approved plans [regarding front setback requirements.
[APPLICATION NO. 2000/02/14/1841.
[PUBLIC HEARING HELD AND [CLOSED JULY 26, 2000.
[FOR FURTHER CONSIDERATION [TODAY.
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ACTION: This matter was WITHDRAWN by the appellant at the hearing.
(8)APPEAL NO. V00-160
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MARK BRADY, Appellant
ZONING ADMINISTRATOR, Respondent
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[640 Wisconsin Street.
[Appeal of Conditions of Setback [Variance (add third story to an existing [two-story single-family dwelling) granted [on September 18, 2000.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner El Qadah dissented) to UPHOLD the subject variance.
SPEAKERS: 1. Lawrence Badiner, ZA, explained the variance and its conditions. 2. Mark Brady, appellant, urged the Board to overturn said conditions.
(9)APPEAL NO. 00-163
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WILBERT L. & JODI FREEMAN, Appellants
DEPT. OF BUILDING INSPECTION, Respondent
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[180 Leland Avenue.
[Protesting issuance on September 16, [2000, to Donald W. Wong, permit to [Alter a Building (remove illegal unit [including kitchen, bath, two non-bearing [interior walls; rearrange existing bath [and kitchen).
[APPLICATION NO. 2000/09/16/0731)
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner Cullum, the Board voted 5-0 to CONTINUE the matter to January 17, 2001, with the public hearing CLOSED, with a report from the Chief Building Inspector on the life/safety issues concerning the occupied unit, and with a report from the Zoning Administrator concerning the zoning issues pertaining to the subject property.
SPEAKERS: 1. Wilbert Freeman, appellant, outlined the reasons for the appeal. 2. Jonathan Bornstein, attorney for the permit holder, urged the Board to grant the subject permit. 3. Lawrence Badiner, ZA, defended the issuance of the permit. 4. Laurence Kornfield, CBI, DBI, discussed issues raised by the principals. Public Comment for the Appellants: Joe O’Donoghue, Shirley Dorton.
(10)APPEAL NO. 00-164
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GLENN GEE, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[1500 Cole Street.
[Protesting issuance on September 19, [2000, to William Wolcott, permit to Alter [a Building (third story vertical addition to [include master bedroom and bathroom [with new stairs to story; add new [bathroom to SW corner at second floor).
[APPLICATION NO. 9915721S.
[FOR HEARING TODAY.
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ACTION: Upon motion by Vice President Saunders, the Board voted 5-0 to RESCHEDULE the matter to February 7, 2001 at the written request of both parties.
SPEAKERS: None.
(11)APPEAL NO. 00-183
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DOLORES SALOMON, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[347 Guttenberg Street.
[Protesting issuance on July 18, 2000, to [William DeMartini, permit to Erect a [Building (two-story single-family dwel-[ling).
[APPLICATION NO. 2000/05/09/9504.
[JURISDICTION GRANTED SEPT. 27, [2000.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner McInerney, the Board voted 4-1 (Commissioner Cullum dissented) to UPHOLD the subject permit on CONDITION that finished siding be used on all sides of the subject property that are exposed, specifically a pre-painted type of material that prevents weathering problems.
SPEAKERS: 1. Dolores Salomon, appellant, outlined the reasons for the appeal. 2. William DeMartini, permit holder, urged the Board to grant the permit. 3. Annette DeMartini, wife of the permit holder, also urged the Board to grant the permit. No Public Comment.
(12A)APPEAL NO. 00-191
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ANDREW C. FREEMAN, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2412 Harrison Street.
[Protesting issuance on October 16, [2000, to Mariposa Management, permit [to Erect a Building (28 live/work units).
[APPLICATION NO. 2000/08/02/6778S.
[FOR HEARING TODAY.
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ACTION: This matter was WITHDRAWN by the appellant prior to hearing.
(12B)APPEAL NO. 00-192
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ANDREW C. FREEMAN, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2412 Harrison Street.
[Protesting issuance on October 16, [2000, to Mariposa Management, permit [to Demolish a Building (industrial/com-[mercial).
[APPLICATION NO. 2000/08/02/6779.
[FOR HEARING TODAY.
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ACTION: This matter was WITHDRAWN by the appellant prior to hearing.
(12C)APPEAL NO. 00-193
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ANDREW C. FREEMAN, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2412 Harrison Street.
[Protesting issuance on October 16, [2000, to Mariposa Management, permit [to Demolish a Building (industrial/com-[mercial).
[APPLICATION NO. 2000/08/02/6780.
[FOR HEARING TODAY.
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ACTION: This matter was WITHDRAWN by the appellant prior to hearing.
Items 12(D) and 12(E) were heard together:
(12D)APPEAL NO. 00-203
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MISSION ANTI-DISPLACEMENT COALITION, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2412 Harrison Street.
[Protesting issuance on October 16, [2000, to Mariposa Management, permit [to Erect a Building (28 live/work units).
[APPLICATION NO. 2000/08/02/6778S.
[FOR HEARING TODAY.
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MISSION ANTI-DISPLACEMENT COALITION, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[2412 Harrison Street.
[Protesting issuance on October 16, [2000, to Mariposa Management, permit [to Demolish a Building (industrial/com-[mercial).
[APPLICATION NO. 2000/08/02/6779.
[FOR HEARING TODAY.
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ACTION: Upon motion by Commissioner Cullum, the Board voted 1-4 ( President Chin, Vice President Saunders, Commissioner El Qadah and Commissioner McInerney dissented) to continue the matter to December 6, 2000. Three votes being necessary to continue any matter, the motion FAILED and the public hearing continued. Then, upon motion by Commissioner Cullum, the Board voted 5-0 to UPHOLD both permits on CONDITION that a second Notice of Special Restrictions (NSR) be recorded that places future tenants on notice that the Mission Recreation Center exists in the immediate area, with a draft of the said NSR to be delivered to Commissioner Cullum within the 10-day rehearing period.
SPEAKERS: 1. Sue Hestor, attorney appellant, outlined the reasons for the appeal. 2. Alice Barkley, attorney for the permit holder, urged the Board to grant the permits. 3. Lawrence Badiner, ZA, defended the issuance of both permits.
Items (13A) through (13J) were heard together:
(13A)APPEAL NO. 00-184
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GISH ENDO WHOLESALE FLORIST, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[673 Brannan Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (48 live/work units).
[APPLICATION NO. 9907389S.
[FOR HEARING TODAY.
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GISH ENDO WHOLESALE FLORIST, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[178 Bluxome Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (42 live/work units).
[APPLICATION NO. 9907391S.
[FOR HEARING TODAY.
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GISH ENDO WHOLESALE FLORIST, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[683 Brannan Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (39 live/work units).
[APPLICATION NO. 9907390S.
[FOR HEARING TODAY.
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GISH ENDO WHOLESALE FLORIST, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[168 Bluxome Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (48 live/work units).
[APPLICATION NO. 9907388S.
[FOR HEARING TODAY.
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GISH ENDO WHOLESALE FLORIST, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[685 Brannan Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Demolish a Building (warehouse).
[APPLICATION NO. 2000/05/03/8903.
[FOR HEARING TODAY.
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COALITION FOR JOBS, ARTS & HOUSING, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[673 Brannan Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (48 live/work units).
[APPLICATION NO. 9907389S.
[FOR HEARING TODAY.
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COALITION FOR JOBS, ARTS & HOUSING, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[178 Bluxome Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (42 live/work units).
[APPLICATION NO. 9907391S.
[FOR HEARING TODAY.
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COALITION FOR JOBS, ARTS & HOUSING, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[683 Brannan Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (39 live/work units).
[APPLICATION NO. 9907390S.
[FOR HEARING TODAY.
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COALITION FOR JOBS, ARTS & HOUSING, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[168 Bluxome Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Erect a Building (48 live/work units).
[APPLICATION NO. 9907388S.
[FOR HEARING TODAY.
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COALITION FOR JOBS, ARTS & HOUSING, Appellant
DEPT. OF BUILDING INSPECTION, Respondent
PLANNING DEPARTMENT APPROVAL
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[685 Brannan Street.
[Protesting issuance on October 16, [2000, to UMB Corporation, permit to [Demolish a Building (warehouse).
[APPLICATION NO. 2000/05/03/8903.
[FOR HEARING TODAY.
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ACTION: After discussion, upon motion by Commissioner El Qadah, the Board voted 4-1 (Commissioner Cullum dissented) to UPHOLD all five subject permits.
SPEAKERS: 1. Sue Hestor, attorney for the Coalition for Jobs, Arts & Housing, outlined the reasons for their appeals. 2. John Pun, agent for Gish Endo Wholesale Florist, also outlined the reasons for their appeals. 3. Steven Vettel, attorney for the permit holder, urged the Board to grant all five permits. 4. Lawrence Badiner, ZA, defended the issuance of the permits. Public Comment for the Permit Holder: Joe O’Donoghue and Alice Barkley. Public Comment for the Appellants: None.
There being no further business, President Chin adjourned the meeting at 11:15 p.m.
_________________________________
Arnold Y.K. Chin, President
_________________________________
Robert H. Feldman, Executive Secretary
Transcripts of these hearings can be obtained from Easteller Bruihl, the Official Court Reporter, (415) 576-0700.
