City and County of San FranciscoBoard of Appeals

february 15, 2012

Board of Appeals - February 15, 2012

 

BOARD OF APPEALS

CITY & COUNTY OF SAN FRANCISCO

MEETING MINUTES - WEDNESDAY, FEBRUARY 15, 2012

5:00 P.M., CITY HALL, ROOM 416, ONE DR. CARLTON B. GOODLETT PLACE

 

PRESENT: President Michael Garcia, Commissioner Frank Fung and Commissioner Rich Hillis.

 

Francesca Gessner, Deputy City Attorney, Office of the City Attorney (OCA); Joseph Duffy, Senior Building Inspector, Department of Building Inspection (DBI); Jarvis Murray,  San Francisco Municipal Transportation Agency, Division of Taxis and Accessible Services (MTA DTAS); Cynthia Goldstein, Executive Director; Victor Pacheco, Legal Assistant.

 

ABSENT: Vice President Chris Hwang.

 

 

(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: None.

 

 

(2)    COMMISSIONER COMMENTS & QUESTIONS

SPEAKERS: None.

 

(3)    ADOPTION OF MINUTES

Discussion and possible adoption of the February 08, 2012 minutes.

ACTION:  Upon motion by President Garcia, the Board voted 3-0-1 (Vice President Hwang absent) to adopt the February 8, 2012 minutes.

 

SPEAKERS: None.

 

PUBLIC COMMENT: None.

 

 

 

 

(4)    ADDENDUM ITEMS

(4a)    ADOPTION OF FINDINGS

Appeal No. 07-209, Martinovsky vs. Taxi Commission.  On Dec. 14, 2011, the Board voted 3-0-2 (Commissioner Hwang absent, One Vacancy) to uphold the removal of Gary Martinovsky’s name from the taxi medallion waiting list, with adoption of findings at a later time. 

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Commissioner Hwang absent) to adopt the findings.

 

SPEAKERS: Jarvis Murray, MTA DTAS; the appellant did not appear.

 

PUBLIC COMMENT: None.

 

 

(5)  APPEAL NO. 11-150

ATEYEH ATEYEH

dba “ROSE FOOD MART”, Appellant(s)

                        vs.

 

DEPT. OF PUBLIC HEALTH, Respondent

 

1000 Potrero Avenue.

Appealing a twenty (20) day suspension of Tobacco Retail Sales Permit imposed on Dec. 14, 2011.  Reason for suspension: selling tobacco products to minors.

DIRECTOR’S CASE NO. FD11-60.

FOR HEARING TODAY.

 

Withdrawn by appellant.

 

(6)  APPEAL NO. 11-099

ALLA DUBROVSKY, Appellant(s)

                        vs.

 

DEPT. OF BUILDING INSPECTION, Respondent

 

1743 – 12th Avenue.

Appealing the suspension on Sept. 01, 2011, of Building Permit Application No. 2010/12/20/7039 (replace a failed property line retaining wall), for the reason that this permit was issued in error.

FOR HEARING TODAY.

 

ACTION: Upon motion by President Garcia, the Board voted 3-0-1 (Vice President Hwang absent) to reschedule the matter to May 23, 2012.

 

SPEAKERS: Christine Tour-Sarkissian, attorney for appellant.

 

PUBLIC COMMENT: Reuben Becker spoke in support of the continuance.

 

 

 

 

(7)    ADOPTION OF BUDGET

Discussion and possible adoption of the departmental budget for fiscal years 2012-2013 and 2013-2014. 

 

ACTION: Upon motion by Commissioner Fung, the Board voted 3-0-1 (Vice President Hwang absent) to approve the budget proposals.

 

SPEAKERS: Director Goldstein provided the Board with an update on the current year’s budget, and proposals for fiscal years 2012-2013 and 2013-2014 budgets.

 

 

ADJOURNMENT.

There being no further business, President Garcia adjourned the meeting at 5:45 p.m.