January 19, 2011
BOARD OF APPEALS
CITY & COUNTY OF
MEETING MINUTES - WEDNESDAY, JAN. 19, 2011
5:00 P.M., CITY HALL, ROOM 416,
PRESENT: President Kendall Goh, Vice President Michael Garcia, Commissioner Frank Fung, Commissioner Chris Hwang and Commissioner Tanya Peterson.
Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Scott Sanchez, Zoning Administrator (ZA); John Kwong, Department of Public Works, Bureau of Street Use and Mapping (DPW); Dr. Johnson Ojo, Department of Public Health; Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.
(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: Ray Hartz spoke about his prior public comment regarding the qualifications of Board members and a related City Attorney opinion. He also spoke about the election of Board officers and his desire for Board members to have an open attitude toward members of the public when they raise issues concerning the operations, policies and procedures of the Board. He spoke about the recommendations made by City agencies appearing before the Board, his perception that the Board members tend to defer to these recommendation, and the impact of this on members of the public.
(2) ELECTION OF OFFICERS:
| Election of President and Vice President to serve for a one-year term. |
ACTION: Upon motion by President Peterson, the Board voted 5-0 to elevate Vice President Goh to the office of President. Upon motion by President Goh, the Board voted 2-3 (Commissioners Fung, Garcia and Peterson dissented) to elevate Commissioner Hwang to the office of Vice President. Lacking the three votes needed to pass, the motion failed. Upon motion by Commissioner Fung, the Board voted 3-2 (President Goh and Commissioner Hwang dissented) to elevate Commissioner Garcia to the office of Vice President.
PUBLIC COMMENT: None.
(3) COMMISSIONER COMMENTS & QUESTIONS:
SPEAKERS: None.
(4) ADOPTION OF MINUTES:
| Discussion and possible adoption of the Jan. 12, 2011 minutes. |
ACTION: Upon motion by President Goh, the Board voted 5-0 to adopt the January 12, 2011 minutes as revised.
SPEAKERS: None.
PUBLIC COMMENT: None.
(5) ADDENDUM ITEMS:
(5a) REHEARING REQUEST:
| Subject property at |
ACTION: Upon motion by Commissioner Peterson, the Board voted 5-0 to deny the Rehearing Request.
SPEAKERS: John Soto, requestor; Brett Gladstone, attorney for permit holder; Scott Sanchez, ZA.
PUBLIC COMMENT: Rachel Chalmers, Mary Lou Cranna, Anna Marjavi and Kristina De Nike spoke in support of the permit holder.
| HOUSING CORPS INC., Appellant(s) vs.
DEPT. OF BUILDING INSPECTION, Respondent PLANNING DEPT. APPROVAL
| Protesting the issuance on May 24, 2010, to Bay Drugs LLC, Permit to Alter a Building (remodel bath, heating, upgrade electrical, partition walls; replace ceiling tile in grid; all work at commercial unit; vacant locksmith to pharmacy). APPLICATION NO. 2010/05/21/2975. Public Hearing held and closed on Oct. 6, 2010. Motion to grant appeal conditioned upon adoption of findings approved on Oct. 13, 2010. Motion to re-open public hearing and receive additional evidence approved on Dec. 15, 2010. PUBLIC HEARING FOR FURTHER CONSIDERATION AND POSSIBLE ACTION TODAY to re-consider the merits of the appeal and/or to adopt findings in support of the Oct. 13, 2010 motion. Note: Public Comment limited to new material submitted post-Oct. 6, 2010. |
ACTION: Upon motion by President Goh, the Board voted 5-0 to designate the court reporter’s transcript as the official record of this matter. Upon motion by Vice President Garcia, the Board voted 2-3 (President Goh, Commissioner Fung and Commissioner Hwang dissented) to deny the appeal and uphold the permit. Lacking the three votes needed to pass, the motion failed. With no further motion made, the permit is upheld as a matter of law.
SPEAKERS: Diana Sam, attorney for permit holder; Colin Dougherty, agent for permit holder; Shaughn Morgan, appellant; Joseph Duffy, DBI.
PUBLIC COMMENT: M.J. Isabell, Mohammed Allababidi, Leonor Gomez Trejo, Mark Blackwood, Jennifer Bickers, Oscar Peña and Norma Carrera spoke in support of the appellant.
(6) APPEAL NO. 10-121
| vs. DEPT. OF PUBLIC HEALTH, Respondent | Appealing a thirty-five (35) - day suspension of a Tobacco Product Sales Establishment Permit, imposed on Oct. 13, 2010. Reason(s) for suspension: selling tobacco products to minors. DIRECTOR’S CASE NO. FD-10-41. FOR HEARING TODAY. |
ACTION: Upon motion by Vice President Garcia, the Board voted 4-1 (Commissioner Hwang dissented) to grant the appeal, overrule the DPH and modify the suspension to twenty-five (25) days.
SPEAKERS: Elias Louh, agent for appellant; Dr. Jonson Ojo, DPH.
PUBLIC COMMENT: None.
(7) APPEAL NO. 10-126
| RICHARD RABBITT, Appellant(s) vs. DEPT. OF PUBLIC WORKS BUREAU OF STREET-USE MAPPING, Respondent | Protesting the issuance on Oct. 29, 2010, to PERMIT NO. 10MSE-0373. FOR HEARING TODAY. |
ACTION: Upon motion by Commissioner Hwang, the Board voted 5-0 to continue this matter to March 23, 2011, to allow DPW to research and brief additional questions posed by the Board and to allow the appellant and permit holder to respond.
SPEAKERS: Richard Rabbitt, appellant; Harry O’Brien, attorney for permit holder; John Kwong, DPW.
PUBLIC COMMENT: Jeanne Quock spoke in support of the appellant; Kris Schaeffer spoke in support of the permit holder.
(8) APPEAL NO. 10-124
| OSAMA HADDAD, Appellant(s) vs. MUNICIPAL TRANSPORTATION AGENCY, DIVISION OF TAXIS AND ACCESSIBLE SERVICES, Respondent | Appealing the denial on Oct. 26, 2010, of Ramp Taxicab Medallion. FOR HEARING TODAY. |
ACTION: Withdrawn prior to hearing.
SPEAKERS: None.
PUBLIC COMMENT: None.
| MARIO & THERESA vs. DEPT. OF BUILDING INSPECTION, Respondent | Appealing the imposition of penalty on Oct. 26, 2010, for construction work done without a permit. APPLICATION NO. 2010/10/26/3786. FOR HEARING TODAY. |
ACTION: Upon motion by Commissioner Hwang, the Board voted 5-0 to grant the appeal, overrule the DBI and reduce the penalty to two-times the regular fee.
SPEAKERS: Tenaya Martinez-Smith, agent for appellants; Mario Martinez, appellant; Joseph Duffy, DBI; Scott Sanchez, ZA.
PUBLIC COMMENT: None.
(10) APPEAL NO. 10-097
| CROWN FORTUNE PROPERTIES, Appellant(s) vs. ZONING ADMINISTRATOR, Respondent | Appealing a Notice of Violation and Penalty dated Aug. 17, 2010, addressed to PGB LLC and Crown Fortune Properties, regarding the business professional service use located at the subject property, in violation of the Planning Code. FOR HEARING TODAY. |
ACTION: Upon motion by Commissioner Fung, the Board voted 5-0 to grant the appeal and overrule the Zoning Administrator, with findings and conditions to be adopted at a later time.
SPEAKERS: Scott Sanchez, ZA; Ron Arlas, attorney for appellant; Santino De Rose, agent for appellant; Janos Gluck, agent for appellant.
PUBLIC COMMENT: Elizabeth Hirama spoke in support of the appellant.
ADJOURNMENT.
There being no further business, President Goh adjourned the meeting at 9:50 p.m.
