December 14, 2011
BOARD OF APPEALS
CITY & COUNTY OF SAN FRANCISCO
MEETING MINUTES - WEDNESDAY, DECEMBER 14, 2011
5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE
PRESENT: President Kendall Goh, Vice President Michael Garcia and Commissioner Frank Fung.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Jarvis Murray, Municipal Transportation Agency, Division of Taxis and Accessible Services (MTA DTAS); John Kwong, Manager, Department of Public Works Bureau of Street Use and Mapping (DPW); Anthony Grieco, Acting Chief Building Inspector, Department of Building Inspection (DBI); Regina Dick-Endrizzi, Excutive Director, Office of Small Business (OSB); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
ABSENT: Commissioner Chris Hwang.
(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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SPEAKERS: Walter Paulson sang his comments, wishing the Board happy holidays and good luck.
(2) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: President Goh commented on the resignation of Commissioner Tanya Peterson and remarked on her great skills as a member of the Board. She noted Commissioner Peterson’s contribution to the effort last year to revise the Board’s Rules and stated that she will miss having her as a colleague on the Board. Vice President Garcia also expressed his appreciation of Commissioner Peterson’s service on the Board and stated that he hoped she would appear before the Board to hear in person, how her many talents contributed to the work of the Board. Commissioner Fung indicated that he will wait to express his appreciation for Commissioner Peterson until she appears before the Board.
PUBLIC COMMENT: None.
(3) ADOPTION OF MINUTES:
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Discussion and possible adoption of the December 07, 2011 minutes. |
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ACTION: President Goh asked that the Rule V.5 be specifically referenced under her comments in Item #2.
SPEAKERS: None.
PUBLIC COMMENT: None.
(4) APPEAL NO. 07-209
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GARY MARTINOVSKY, Appellant(s) vs.
TAXI COMMISSION, Respondent |
Appealing the removal on August 30, 2007, of appellant’s name from the Public Convenience & Necessity Medallion Waiting List. LIST NO. 6-417. FOR HEARING TODAY. Note: Matter rescheduled to Call of Chair at request of both parties. |
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ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Commissioner Hwang absent) to deny the appeal and to uphold the department with written findings to be adopted at a later time.
SPEAKERS: The appellant did not appear; Jarvis Murray, SFMTA.
PUBLIC COMMENT: None.
(5) APPEAL NO. 11-091
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CARLA WILSON, Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
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1731 – 15th Street. Protesting the issuance on Aug. 08, 2011, to Jolish 1731 – 15th Street LLC, Permit to Alter a Building (seismic retrofit and building rehabilitation; life/safety improvements; new bathrooms and community kitchens; new elevator; new roof terrace; increase number of rooms from 27 to 52). APPLICATION NO. 2010/09/28/1752”S”. FOR HEARING TODAY. |
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WITHDRAWN BY APPELLANT.
ITEMS (6A), (6B), (6C), (6D), (6E), (6F), (6G), (6H) & (6I) SHALL BE HEARD TOGETHER:
(6A) APPEAL NO. 11-103
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SHEILA MURPHY, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6B) APPEAL NO. 11-104
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ARISTO INVESTMENT GROUP LP, UMBERTO GIBIN dba “BARBACCO ENO TRATTORIA” & “PERBACCO RISTORANTE”, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6C) APPEAL NO. 11-105
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MICHELLE FUNKHOUSER, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6D) APPEAL NO. 11-106
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MONESH JOSAN dba “SUBWAY” & “7-ELEVEN”, DAVID DAVARI dba “FOCACCIA MARKET BAKERY”, AND PAUL AYANIAN dba “LE REGENCY DELI”, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6E) APPEAL NO. 11-107
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JOHN ISAACS, OSMAN ZUGHAYER dba “ZIGGY’S BURGERS”, AND VAN BOWERSMITH & CHAU DANG dba “LES CROISSANT”, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6F) APPEAL NO. 11-108
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MUNA AZZGHAYER dba “OASIS GRILL” & “DRUMM LIQUOR & DELI”, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6G) APPEAL NO. 11-109
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ARSALAN NAJMABADI dba “PORTICO RESTAURANT”, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6H) APPEAL NO. 11-111
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HOWARD FISH dba “SKYLINE CONSTRUCTION”, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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(6I) APPEAL NO. 11-112
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CARLOS AGUILAR dba “ORALE ORALE MEXICAN RESTAURANT”, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
50 California Street, 625 – 2nd Street, and 61 Beale Street. Protesting the issuance on Sept. 20, 2011, to VK Industries Inc., Mobile Food Facility Permit (sale of Indian street food). PERMIT NO. 11MFF-0027. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 3-0-1 (Commissioner Hwang absent) to continue this matter to Janaury 11, 2012 to allow the permit holder time to obtain a Certificate of Sanitation for the Second Street location with the understanding that the Board intends to remove the other locations from the permit.
SPEAKERS: Ilene Dick, attorney for appellant 11-103; Sheila Murphy, appellant 11-103; Karen Smith, agent for appellant 11-104; Howard Ellman, attorney for appellant 11-105; David Cincotti, attorney for appellants 11-106 and 11-109; Monesh Josan, appellant 11-106; Arsalan Najmabadi, appellant 11-109; John Isaacs, appellant 11-107; Muna Azzghayer, appellant 11-108; Howard Fish, appellant 11-111; Alex Aguilar, agent for appellant 11-112; Van Bowersmith, appellant 11-107; Jeremy Paul, agent for permit holders; John Kwong, DPW; Anamika Khanna, permit holder; Tim Volkema, permit holder.
PUBLIC COMMENT: Regina Dick-Endrizzi (Office of Small Business) and Matt Cohen spoke in support of the permit holders. Ken Cleaveland, Sushil Sharma and Deborah Sellers spoke in support of the appellants.
ITEMS (7A), (7B), (7C) & (7D) SHALL BE HEARD TOGETHER:
(7A) APPEAL NO. 11-113
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ARISTO INVESTMENT GROUP LP, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent
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2600 Mission Street, 3092 – 16th Street, 101 California Street, 25 Beale Street, and 535 Washington Street. Protesting the issuance on Oct. 03, 2011, to Doc’s of the Bay, Mobile Food Facility Permit (sale of burgers, French fries, black bean burgers, mac and cheese, drinks). PERMIT NO. 11MFF-0029. FOR HEARING TODAY. |
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(7B) APPEAL NO. 11-114
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JACQUI ROBINSON, NABEEL ABDALLAH dba “L’EATALIANO”, AND JIM & DEB SELLERS dba “SELLERS MARKETS”, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
2600 Mission Street, 3092 – 16th Street, 101 California Street, 25 Beale Street, and 535 Washington Street. Protesting the issuance on Oct. 03, 2011, to Doc’s of the Bay, Mobile Food Facility Permit (sale of burgers, French fries, black bean burgers, mac and cheese, drinks). PERMIT NO. 11MFF-0029. FOR HEARING TODAY. |
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(7C) APPEAL NO. 11-115
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MICHELLE FUNKHOUSER, “US BANK”, DAVE HILBURN dba “YOPPI YOGURT”, AND SHANNON BLALACK dba “PLANT CAFÉ”, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
2600 Mission Street, 3092 – 16th Street, 101 California Street, 25 Beale Street, and 535 Washington Street. Protesting the issuance on Oct. 03, 2011, to Doc’s of the Bay, Mobile Food Facility Permit (sale of burgers, French fries, black bean burgers, mac and cheese, drinks). PERMIT NO. 11MFF-0029. FOR HEARING TODAY. |
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(7D) APPEAL NO. 11-117
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ARSALAN NAJMABADI dba “PORTICO RESTAURANT”, Appellant(s) vs.
DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE & MAPPING, Respondent |
2600 Mission Street, 3092 – 16th Street, 101 California Street, 25 Beale Street, and 535 Washington Street. Protesting the issuance on Oct. 03, 2011, to Doc’s of the Bay, Mobile Food Facility Permit (sale of burgers, French fries, black bean burgers, mac and cheese, drinks). PERMIT NO. 11MFF-0029. FOR HEARING TODAY. |
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ACTION: Upon motion by Vice President Garcia, the Board voted 3-0-1 (Commissioner Hwang absent) to grant the appeal and uphold the permit on the condition that the locations at 101 California Street and 25 Beale Street be removed from the permit, pursuant to the stipulation of the parties.
SPEAKERS: Jeremy Paul, agent for permit holder; Karen Smith, agent for appellant 11-113; David Cincotta, attorney for appellant 11-117; Jacqui Robinson, appellant 11-114; Deborah Sellers appellant 11-114; Lauren Smith, permit holder; Howard Ellman, attorney for appellants 11-115; John Kwong, DPW.
PUBLIC COMMENT: None.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 9:15 p.m.
