Za from planning. And matt green Deputy DirectorInspection Service with dbi. Veronica, Program Manager for site mitigation Environmental Health branch. And ryan casey caseworker with dph Site Mitigation Program and item 4 we be joined by representatives from the California Department of toxic substance control. We have shaw the project manager will present and also to answer questions kim walsh unit chief. Gaez, branch chief and catherine, staff legal councilment guide lines are as follows. Turn off all electronics. No eating or drinking. The rules of presentation are follows, rehearing parties and departmental respondedents begin 3 minutes and no rebuttal. Members not affiliates va3 minutes and no rebuttal. Our Legal Assistance will give you a warning 30 seconds before your time sus. 4 votes are required. If you have questions about the board rules the hearing schedule e mail board of appeals sfgov. Org. Public access and participation are paramount importanceful sfgovtv is broadcasting and strolling and receive Public Comment for each item on the agendaful sfgovtv is providing closed captionings for this meeting to watch on tv go to will sfgovtv channel 78. Tell be rebroadcast on friday 4 p. M. On channel 26. A link to the live stream on the home page of the website sfgov. Org boa. Public comment can be provided by in person, via zoom go to our website click on the zoom link. By phone. Call 6699006833, access code 848 3864 2804. And again sfgovtv is broadcasting and strolling the number and instructions on the bottom of the screen. To block your number when call nothing first dial star 67 then the number. Listen for the Public Comment portion and dial star 9 to raise your hand. You will be brought in the hear handwriting it is your turn you miff have to dial star 6 to unmute yourself. You will have 3 minutes there will be a verbal warning 30 seconds before your time sus. There is a delay with live proceedings and what is broadcast. It is important that people call nothingrous or turn off volume on tvs or computers. If the participates on wareroom need a disability accommodation or assistance request in the chat function or e mail to board of appeals sfgov. Org the chat function can not be used for comment or pregnancy. We will take comment first from those members physically present. Now, we will swear in our affirm all those who intends to testify. Any member may speak without an oath pursuant to the sunshine ordinance if you mean intend to testify tonight and wish to have the board give your testimony weight raise your hand and say, i do after you are affirmed. Do you swear the tum give be the truth . Okay. Thank you if you mean are a participate and you are not speaking put your zoom speaker on mute. Item 1, is general Public Comment. This is an opportunity for anyone hold like to speak within the boards jurisdiction not on tonights calendar. Is well a member of the public who wishes to speak on an item not on the agenda. We have one here in the room and a few on zoom. Welcome. You have 3 minutes. Should i start . Continue. This is my backyard early 30 year. When a storm came through. Basically it got flood my neighbors on both sides built adu with concrete in the backyard the water dump in my yard the house behind me has concrete and a 10 by 10 house here has concrete and 10 by 10 only this house as grass. All of this is getting dump in the my yard. Can i had to go out and take a shovel and punch the holes to keep the water from going in my house. I hit a mole hole thats the reason the water came out i had over 6 inches. If you watch the video it lit irrelevant there are waves back in my yard. From all the water this got dumped n. I ordered 12 inch plastic and i wrapped my mire your in plastic trying to create a shield. So i know where sb9 and tent goal is to take a normal house and convert up to 4 units in doing that and going almost to the property line, you will create more of these situations in the neighboring house. I have been in backyards people have done illegal versions you are in the yard there is in sun there are 2 or 3 stories tall and grandpa is live nothing that build and blocking the light for the neighbors people looking down. It is crediting an environment not why most people bought a house in the sun cement if you need 80,000 units you can by changing the law, they are in the held hostage. If i say to somebody i will give you sick month fist i sell. 6 month system time for somebody to look for an apartment. People getting them know they are getting them at discounselled rates because cant charge. And most neighbors on the block refuse to use the space empty eco friend low thing for the city to do. There is nothing needs to be built t. Is there it is not used. If they get a renter charged 100 thousand dollars to get this person to move out. Just with legislative changes could be different. Time. My taxes are 15 thousand dollars. When you amtorize it over 30 years theyll be over 30 thousand dollars. Many of my neighbors who have taxes over thoind when they are retired will not be able to afford to live in house. Taking their inlaw unit and making manage they can have indm you can get rent ags you want and more denialsity and levigate problems. Thank you. Thank you. Is there anyone else in the hearing room hold like to provide general Public Comment. So we will go to zoom. Mr. Mc myrtle, go ahead. Thank you, julie. A few taxi permit holders plan to comment. Thank you to the commissioners especially for the favorable rulings last november 16. On all 3 appeals involving disabled career drivers mo who held prop k taxi medallions. City is turning on transportation director ruled that your board no longer has jurisdiction over taxicab permit appealseen though that right is in the year 1932 city charter. Sfmta now begun a new expectancyive way for similar revocations. The 3 permit holders you vicinity indicated had medallions none reviewnewed again. Thanks for your diligence you have shown in serving the public. We taxi member industry members hope this in the future your board will regain jurisdiction over taxi permit appeals. Thats it, thanks. Thank you. We will hear from the phone number ending 2801. Go ahead. Press star. You unmuted yourself you have 3 minutes. My comment is about the member one issue, i dial in the too soon okay. Thank you. Well hear from the phone number ending in 1405. Go ahead. Whether or not there are more on the board who will fight for taxi whos permits have been taken away. Thank the mta for not permitting us to appeal revocations. Why does taxi drivers have to pay thousands for an attorney to get the the city to act properly. And refer our appeal rights. Is there any other group and in San Francisco who does not have access to the work of appeals . Thank you. Thank you mr. Nihart now phone number in 2528, go ahead. Yes. Go ahead. Hello . Hello. Yes, hello im george. I have taxi medallions 1303 i drove a cab in San Francisco for 43 years. And in december of 2016 i suffered almost fatal the kidney failure in in a wheel chair since im unable to walk and unable to drive a cab. Sfmta is attempt to take away my taxi medallion in spite of the fact i have been in front of them 2 times and in front of the board of appeals 5 times which affirms my right to keep my taxi medallion. Now the sfmta unilaterally said that the board of appeals has no standing and they will take my medallion in spite of the fact the rights to the appeal in San Francisco charter for over 90 years. This is an un[inaudible] power grab by an unaccountable city agency. They are now a star chamber this makesum their rules as they go long diameter city charter be damned. I dont know when the [inaudible] will being but i want to take this time to thank all the commissioners and president swig for doing the right thing and affirming my right to keep my medallion im forever grateful to each and every one of you may god bless you all. Thank you very, very much. Thank you. Thank you well hear from [inaudible]. Go ahead. Mr. Fontsecka can you hear me. Yes. Welcome. Thank you. Im marcello im a career cabdriver. Long time driver, full time driver for more than 30 years and i have been a medallion holder since 2009. Im calling to make you aware of the sfmta going after the same permit holders you helped not long ago. Hay are not the only ones they are going after many more medallion holders. They are being vindictive and im troubled by that. I hope there will be a challenge to the City Attorney opinion that the sfmta has the power to terminate cabdriver rights to a few. To this board of appeals. The sfmta is abusing the power by seek revenge against medallion holders cases they lost. If there is anything you can do to regain jurisdiction of taxi permit appeals, i urge you to do so. I really think this abuse of power by the sfmta must stop. I thank you profoundly for the cases you heard before. I thank you prosecute foundly efficient rulings before. But again i just want to be here tonight with my colleagues and bring to your awareness that the sfmta is being vindictive going after the same people you refused to noted long ago thank you very much well hear from mark. Go ahead. Can you hear me . Welcome okay im mark paulson the holder of taxi medannion 265 im eightyone years old and native of San Francisco i drove a taxi in San Francisco for 42 years. 1970 until june of 2012 and i was diagnosed at 70 with atrial prilagz im here to discuss the sfmta which in my opinion, operates outside the law and [inaudible]. I just received a notice of nonrenewal for my medallion from the sfmta. Which came as a surprise to me. Given the fact that the reason cited by the sfmta for refusal it renew it was little same arguments presented at my hearing observe the board of appeals on march second, 22. 20 twoochl when the sfmta was the appellate. What is more surprising is the fact that the sfmta did noted challenge that the decision made by board of appeals at that time. When it lost the feel have my medallion revoked and decide to combh after me a third time now that my right to impartial hearing before the board of appeals have been removed. Well is little doubt that should a third hearing take place tell be in a Kangaroo Court setting. And i cannot ford a lawyer and remy lie on chat gpt for legal advice it did mention im not a latin scholar i would not pronounce it correct, which would mean a great deal to the lawyer there is. They would understand that. So the decision to subject no to a third hearing raises questions about the legalities of the sfmta. That said, i wish to reiterate it is my petition the sfmta policy of comupon pelling elder leave, retired and disabled taxi medallion holders and no long are safety [inaudible] positions to submit a drug and alcohol test suggest i violation of the fourthed amendment right against unreasonable searchs i immroer to you examine the legalities of the actions by the sfmta. If ensurety rights of individuals are upheld in accordance with the law. Thats it, folks, for me. We will hear from tom sita neddal. Go ahead. Im calling about irving street. Maam, that item has not been called yet. This is general Public Comment. Okay. Thank you. Other general Public Comment . I see one more hand. Renee are you hear for general Public Comment not an item on the agenda . Im here for 2550. Sorry. We will get to you. Thank you. Any further general Public Comment . I dont see any well move on it item 2. Commissioner comments and questions . Anybody have anything . Seeing none, sorry. Thank you president swig. I have been on for a year and i dont know the answer to this question. The equal Employment Commission and agencies have protections for retaliation if people who come before them. And i wonder whether without commenting on the specifics of the people who testified spoken do we have any such retaliation . Provisions or are there any in the city charter that you may know about or the City Attorney may know about . I refer that to the City Attorney who always has answers to those difficult questions. Well not always. I dont know the charter has prosecute visions but any of the federal lus would, of course, apply. To city employees. Upon they may apply but as to provisions for people who come before us. Any protections against retelliation. Im not aware of anything in the charter related to retaliation or in our rules . Im not aware of anything specifically on this. Thank you. Julie did you have anything to add. Im not awear of rule or ordinance that would address your concern about retaliation. Is there a Commission Like the ethicky commission we can refer this devote temperature is an interesting question. I dont think we know all the facts related sfmta. Of course, the Ethics Commission is always available. Anybody this retelliates somebody who miss inspect front of us. When somebody has a problem with one of us we go to ethics. And and do we are protected, i wonder if the public is protected. Given experience of the issues that come before us and the decisions are. Med originally. Fooel people feel retaliated against and should be a place for them to go. I want us it is explore this can the city for future consideration. Thank you. Good question. Appreciate it. Anybody else have anything today. Lets move on Public Comment on this item . Commissioner comments and questions . I see one hand raised. I know are you here for 2550 or raising your hand. No im sorry i thought i lowered my hand. Thank you i doll this now. I dont see Public Comment for this item. Well move on to item 3 the adoption of minutes. Before you for discussion and possible adoption the minutes of september 6, 2023 meeting. I did speak with president swig before the hear and item 5mented clarify that he made the motion for only the first 3 reasons specified by commissioner lemberg. One the initial notice provided by public works, twoshgs the notice of the hearing sent by board office was flawed since incorrect address. And 3, the permit holderit someday a brief and appellate did in the have an opportunity to review it. He wants to strike the last 3 reasons in the minutes. Any comment on this do we have a motion. Move to approve the minutes as amended. Thank you. We have a motion from commissioner trasvina on that motion, Vice President lopez. Aye. Commissioner lemberg. Aye commissioner eppler. Aye president swig. Aye this is passed. Item 4. This is rehearing request for appeal 23034 subject property 2550 irving mid Sunset Neighborhood Association the appellate is requesting a rehearing of appeal number 23034 decided on august 16th. At this time, upon megz by Vice President lopez the board voted 2, twoshgs 1 and president swig absent to deny it and uphold the permit on the bases it was properly issued the motion failed. Upon motion by commissioner tras vin at board voted 2, 2, 1 and president swig absent to continue this to september 6. So president swigz could participate in a decision. Lacking the 3 votes needed pass it failed. No further moergzs were made the permit was upheld by operation of law tenderloin Development Corporation and the description to e rekt 7 store ib90 dwelling unit to include support service office, property management, bike, Service Space and residential parking with lift and pit stack are 100 Affordable Housing. And as a matter president swigz did you have an opportunity to watch the video and review the materials for the hearing on august 16th. I did and furthermore i think i have to disclose that i had dealings with the council representing the parties in for all and i have no conflict or reason to council for the permit holder. Right. And that would that will not affect my decision in this matter. Thank you. So, we will now begin the case and will hear first from the appellate. Requestor. And welcome are mr. Wang you have 3 minutes. Thank you. Wong for appellate. Sunset neighborhoods association. Board members. President swig and Vice President lopez. The last of hearing it was apparent i will restart your time. Speak into the mic. The last hearing it was readily apparent how important an issue this was and how inconclusive the evidence was presented was. Speak in the mic we cant hear you and the public needs to hear you. At the last hearing it was apparent how important an issue this was and the how it was inconclubhousive. The findings and the evidence the conflict between the limited testimony given by experts on the msn aside and the issues raisedllow question and answer. And this were raised by the comments med by Board Members the end of the hearing. Manifest injustice is the standard which means clear error or prejudiceed party if a different result was in the reached. There is machine fest injustice here to msna. Thats the reason why rehear suggest necessary. There was a couple of misconceptions that the evidence rehearing would serve to this in clarify the first, of those misconceptions is that there seem to agreement that the neighborhood need to bes cloned up. What difference would it make to clean up 2550. The evidence will show it would make a significant difference to clone up 2550 in terms of cleaning up the neighborhood. If you leave it be you dont clean up 2550 you let the construction be completed you clone up around 2550. There would be contamination at this site. Causing a Significant Health risk to the neighbors. Thirdly, and most importantly. The evidence of rehearing go in detail about the specific health risks this exist. There is conflict over between the testimony you will hear more extensive low from the medical toxicologist and the doctor regarding intercep