To my left is deputy City Attorney who will provide the board with any legal needed advice at this evening. At the controls is the boards legal existent and the process clerk. I am the boards executive director. We will also be joined by representatives from the city departments that have cases before the board this evening. Upfront we have the acting deputy zoning administrator, also representing the Planning Department and planning commission. We also expect joseph duffy, senior building inspector, representing the department of building inspections. The Board Meeting guidelines are as follows. The board request you turn off or silence all phones and Electronic Devices so that they will not disturb the proceedings please carry on conversations in the hallway. We will have the rules of presentation are as follows. Appellants, permit holders and respondents are given seven minutes to present their case and three minutes for rebuttal. People affiliated with these parties must include their comments in these periods. Members of the public were not affiliated with the parties have up to three minutes each to address the board and no rebuttal. Please speak into the microphone for rehearing requests, parties get three minutes each with no rebuttal. To assist the board and accurate preparation of minutes, you are asked but not required to samiti speaker card or Business Card when you come up to speak. Speaker cards are available on the left side of the podium. Four votes are required to grant an appeal or rehearing request. If you have questions about requesting a rehearing, the board rules or schedules, speak to board staff during a break or after the meeting or call us into the board office. This meeting is broadcast live on cable channel 78 and will reboot will be rebroadcast on 4 00 p. M. On channel 26. The video is available on our website and can be downloaded from online. Now we will swear in or affirm all those who intend to testify. Please note any member of the public may speak without taking an oath pursuant to the rights under the centering ordinance. If you intend to testify at any of the proceedings and wish to have the board give your testimony evidentiary wait wait, raise your right hand and say i do after you have been sworn in or affirmed. Do you swear or affirm that the testimony youre about to give will be the truth, the whole truth and nothing but the truth . Thank you. Please be seated. Item number one is general Public Comment. This is an opportunity for anyone whod like to speak on the matter within the boards jurisdiction that is not on tonights calendar. Is anyone here for general Public Comment . Okay. Please approach. Good afternoon. I am a resident at a 128 unit condo building and i am also on the h. O. A. Board. I had the pleasure of being before you on may 15th for the hearing for the steakhouse to appeal formal enforcement. I wanted to provide a brief update on the situation. I have one ask at the end. It spews a large amount of smoke and older into our homes. In violation of the conditional use permit. It is worse than it was before when i was in front of you. No improvements have been made. Our eyes are burning from just sitting in our living room. On an average night, whether or not the windows are open. I was a 40 to 50 units that are impacted. We continually do not have access to fresh air for up to 12 hours a day, seven days a week. It was decided that it does not contain a significant certificate of inclusion and penalties will increase a crew. We are under the impression that the permit will be issued quickly if not almost immediately. Unfortunately, it has been over five months and the problem continues unabated. The permit has not been issued and equipment has not been ordered and the work has yet to begin. This is contrary to the decision your body made in the spirit of that decision and refilled that the restaurant and the Building Owner are delaying the process by slow rolling the responses to city permitting agencies requests for Additional Information. Additionally, they were also incomplete. We feel that they are using an incentive to get their work done it is a safe harbour for dragging their feet and not getting the permit done. We appreciate it does take time to go through proper city approval but we believe the current delay is counter to the intent of the board of appeals and is allowing a horrific situation to continue. This is without any regard of our health. Our ask is, what will it take for the city to hold them accountable and allow our community to breathe fresh air . They have been on formal notice of violation and have allowed to operate with impunity for over one and a half years while we suffer. People have been forced to move out of the building because of this. My wife and i have been forced to get hotel rooms on hot nights when you just need a window open all of this is that our own expense. We respectfully ask the board of appeal revisit the issue. The smoke cannot be allowed to continue. We would like to clarify between the board and planning that the imposition of fines that was mandated by the board does not preclude planning from implementing fines or other measures immediately rather than waiting for the permit to be issued and that 12 week countdown to begin. Thank you for that time. And thank you for always being responsive to us and other homeowners that have reached out to him. Thank you. Thank you. Next speaker, please. Hello, board. Thank you for your time. I was scheduled here tonight for a full proper appeal for a permit to grant in our neighborhood. I was at 2901 pine on the baker block. The homes there are 39 feet on average. The power poles or 39 feet as well and the permit was granted for the installation of a massive vertical installation from verizon that is well over 50 feet above and hovers like a flying u. F. O. Above the street. That will be appealed at a later date because the department of public works asked us to move the hearing to early november. As of the filing of the appeal on the 19th, your staff, the board staff notified verizon that the permit was suspended. It is not a valid permit and has been suspended until the hearing however, on monday, two days ago , a truck rolled out and construction began on that poll. They started placing this extension on top of it. Not only was the beginning of the construction illegal and not allowed, but the process didnt even match the original plan. Two things happened. Even if they had a valid permit, what they did was wrong because they did not match the permitted plans, but regardless, the permit is suspended and illegal to begin the construction as a result. They did it nonetheless and when theyre asked about it, they said dont worry about it, the people outside said, we are just cleaning up some of the cable which was a miss representation. I would call that fraud. We dont know what to do. Quite frankly, which is why we are here. We agreed to postpone the hearing as asked in good faith, as good residents, leaving the permit suspended, and yet behind our backs, no notification and construction had illegally began i hope the board keeps that in mind when you see you guys in november in terms of who we are dealing with on the other side, but i know there is no response from the board, per se, but if off the record some but he could tell us what to do, ive never had a case in the neighborhood where construction was illegally started, so we dont know what to do to effectively stop or get rid of what was done. That is why we are here, in a bind, blindsided and surprised by something which we believe is effectively fraud and went against the boards own suspension of the permit. Thank you for hearing me. Excuse me, sir . Yes . Did you see them attached something to the antenna . They had a permit to come out from 8 30 a. M. Until 2 30 p. M. Around tune around 10 30 a. M. , i came back home. We dont work in the neighborhood around that time. I happened to come back. At that time they were up there doing some work. I asked him what are you doing . Are you was installing anything . And they said no, we are cleaning the wires. When we came back home at the end of the day, we noticed it up there and i had the pictures to show. So it was physically attached it was physically attached. Not even just loosely. I mean they took a metal bolt, to rolled it in there. Did you call 311 . We did not. I would start with 311. Okay. I can follow up with public works. Can you give me your Contact Information . Your phone number, your email. I will give you all of that. This is in reference to appeal it. It should have the permit number in all the information. It is the corner of pine and baker. I will get back to to you tomorrow. Thank you so much. Good afternoon. My name is peter and this is my daughter. As a concerned citizen and resident, i live across the street. I can see the tower from my bedroom. We were a little bit blindsided with folks coming out and starting the installation process. To date, i think we have worked in good faith. We feel like verizon has been a bad actor. There is a suspended permit and it will hit construction. A little bit we need a little bit of health help and guidance with managing this with verizon is a large corporate entities. Thank you. Is there any more general Public Comment . Okay. We will move on to item number two. Commissioner comments and questions. Commissioners . No. Okay. We will move on to item number three. Before you for discussion, the possible adoption and minutes of the september 25th, 2019 Board Meeting. Any comments . Do i hear a motion . We have a motion from the Vice President to adopt the minutes as submitted. On that motion. [roll call] the minutes are adopted 50. Okay. Was there Public Comment on that item . Sorry. A little late on that. In any event, we will move on to item number four. This is a special item with possible action taken by the board. Discussion about policies and procedures regarding the length of the Board Meetings. Commissioner lazarus, it was your request. Would you like to have any comment on that or make any suggestions . I may have a couple of suggestions. I did request that we have a meeting not too long ago and i think we had to curtail it only because people had cars in the garage that they werent going to be able to get out. I also have some concerns about trying to do this business at that hour. I dont consider it fair, primarily for the public, because i know i cant give my full attention to the items i am hearing at that hour. I thought we could talk about ways that we might be able to manage the meeting so we are not doing business at midnight. After a very im very sensitive to it. Having been having ones left this Commission Early during a meeting and then to find that it went to 1 00 in the morning, that was a fung night. I know you guys were really happy about that. I had paid my dues to the redevelopment agency. I absolutely understand commissioner lazarus point of view. You are not at your best at 1 0. The issue is the unpredictability the unpredictable nature of what is going to be on the agenda and what the public is going to want to say on that day. I was thinking that we can curtail the beginning of the policy that says after 10 00 at night, we will not be starting the next item, but the item starts at 9 30 a. M. And maybe a three hour item. We dont know that. At best efforts, i would suggest that maybe we put a curfew on it and just not begin any item after 10 00 p. M. At night. And with the understanding that there maybe an item that starts at 9 30 p. M. That goes to two and a half or three hours. Those were my only i am not in conflict with your position. I support your position. That was the best result i could come up with. If anybody else has any ideas, i would gladly entertain those. I think commissioner tanner has those it has that experience. I think that idea of not taking a new items past 10 00 p. M. And making sure it is known, maybe we even added it to the beginning statements of folks who are here in the audience would know that your item is last, maybe it is 9 45 p. M. And it may not be taken up so they can plan ahead and we have tried that and we have also tried to either not take up items past 10 or have to affirm that we vote as a board if we are going to take up an item past 10. We have to make a decision that we will do that. Another idea that might be something we try, and an offender of what ive propose is lets the appellant and the permit holder make their case, let the rebuttal happen, let Public Comment happen and then have us as commissioners ask our questions. Our questions may be answered through the course of that exchange and then that might make things a little bit more concise just to hopefully it wouldnt be past 10 starting any new item. I am also like other commissioners in the city that start at 10 00 p. M. Or 11 00 p. M. And they go eight hours and that is their day. With this commission, most of us had a job have a job that we do for eight hours and then we potentially come on for an additional seven or eight hours after, which as my Vice President indicated, makes for a very long day. The concern i have is that if the public is here, or appellants, or permit holders and their case is last, do they show up, do they not show up . I think that, ultimately, it would probably be more enforceable or better for the public if we tried to mind the caseloads, which are directors to a very good job of and we rarely go to midnight anymore, whereas six or seven years ago, we were going to 11 00 p. M. And 12 00 a. M. Fairly regularly. Our reg our latest case was 1 45 a. M. How would you feel as a permit holder that if you sat here for six hours or five hours and then found out that, im sorry, we will not take your case . I think that we should probably, scheduling is probably the most important part of it because if the people are here already, it is unfair to have them come back again. Very true. But i am very sympathetic that even at 10 00 p. M. Or 11 0 i start going kind of crazy. One thing we could potentially do, the next meeting on the 203rd has six cases, estate cases, it looks like, two are continued. They have been fully heard. They should go fairly quickly. But that might be one where we try to either mind the time more, mind the questions more and try to be more cognizant. We do have heavier agendas. The three of us are the main offenders of asking lots of questions which are not necessarily always germane to the decision we are making, but maybe interesting to us. We could try to impose a category amongst ourselves and restraint to see if we can make some progress towards not having anyone get turned away, and at the same time, not becoming such a late hour that we are quite tired. I think the best way to pursue this is that, i dont know if we have to codify this with a written document or approval, but the commission will reserve the right to discontinue a hearing with new items called after 10 00 p. M. I think that is the best that we can do and the suggestion of managing the agenda, you know, it could be a three item agenda, but they all could be two our items. I think that it is a team effort here, but i think we should go in with some recognition that we probably will not start a new items after 10 00 p. M. That night and the executive director will do her best scheduling jobs of mitigating the risk on that. One other suggestion i might make is that if it looks like october, what was it, november 6 th with 10 items, right from the beginning that public testimony be limited, even though early items might only have a couple of people, that is one way to also control the time if there is certain types of cases later in the agenda, there will be a lot of Public Comment. Is that possible . Maybe ask the City Attorney. Can we limit . If we know we have a heavy agenda and we are trying to get out in a timely manner, is it okay if we limit the time . I know that i have had that conversation before. It is permissible to limit to two minutes if the length of the agenda if you think it well what about one minute . It is less clear whether that is permissible. The agenda, if it is looking very heavy from the outset, it is probably defensible. Thank you. Okay. For clarity, the plan is not to start agenda items after 10 00 p. M. Unless the board affirmed to take an item, as well as adding statements to the agenda and make an announcement at the beginning of the hearing regarding this policy. Did we also want to say i guess for the minutes the questions from the commissioners would take place after the case is fully presented. I think the executive director has discretion as to the size of the agenda to limit Public Comment. So we can memorialize this policy and this next time. Thank you. Is there any Public Comment on this item . Good evening, commissioners. My name is jeremy paul. This discussion brings to mind a matter i had before the board of appeals early in this century and it would suggest the importance of a very proactive director at watching how these things go. This particular instance came to mind. There was an unexpected bowl large turnout in the agenda and the executive secretary at the time called the parties into the hall for a quick powwow and asked if we would agree to a continuance because of the large turnout in the late placements on the calendar. As it turned out, it was a turnout a surprise to the permit holder and a resolution was found before the continuance date. Sometimes being proactive from the directors chair can make things work very nicely. Thank you. Thank you. Sometimes the director can try and people wont agree. [laughter] i tried for november 6th. Just bring your cup of coffee. Okay. Thank you. Is there any other Public Comment . So we will now move on you had actually suggested that for those cases that may as a result of this get put over that they would come up first on a docket subsequently. Right. We can acknowledge that. If someone had to wait a long time and then we told them, sorry, we will continue it, we will put them near the beginning of the agenda or near the beginning. Okay. We will memorialize that in the minutes. I had one other thought. Sort of a take or leave suggestion which is that when we continue cases, which sometimes can add to a later caseload, it may, in appropriate cases, make sense for the parties to submit a brief update on what has happened since we continued to help move things along an advance in advance of the hearing actually beginnin