tv Abatement Appeals Board SFGTV November 29, 2021 3:43am-4:01am PST
>> clerk: i would like to remind everyone to please mute yourself if you're not speaking. the first item on the agenda is roll call. [roll call] >> clerk: okay. we have a quorum, and our next item is item b, findings to allow teleconferenced meetings under california government code section 54953-e. >> thank you, commissioners. we passed the initial resolution at the last meeting, and the recommendations from the department of public health have not been updated or the
recommendations from the state of california have not been updated, and we're still considered to be in a state of emergency. as of the resolution we passed last month, there are still measures around social distancing, social distancing measures, and there's still an analyze that conducting this body in person would transmit signature risk to public health -- significant risk to public health and safety of attendees, so i would like to confirm the findings and to pass a resolution that, for the next 30 days, meetings of the abatement appeals board will be exclusively by teleconferencing technology. >> i'd like to make a motion.
>> okay. is there a second? >> second. >> clerk: okay. there's a motion and a second to -- for us to meet remotely. are all commissioners in favor? also, for members of the public by attendance, if you're listening, the public call-in comment number is 415-655-0001, and the access code is 2493-963-1145. to raise your hand on a specific meeting item, press star, three when prompted by the meeting moderator. okay. our next item is item c, the oath. all parties giving testimony before this board today will
raise their right hand and be sworn. do you solemnly swear that the testimony you will give will be to the best of your knowledge? i don't see the attendees right now, so the next item is approval of minutes. discussion and possible action to adopt the minutes for meetings held on august 18, 2021 and september 15, 2021. >> motion to approve the minutes. >> second. >> clerk: okay. there's a motion and a second. is there any public comment on the minutes? there's none. okay. so there's a motion and a second. are all commissioners in favor? any opposed? okay. thank you. the minutes are approved. and the next item is item e,
request for rehearing. rehearing request -- actually, let me read the information present. actually, i believe, is chief hernandez on the line? >> yes. >> clerk: yes. did you say that mr. carnelas is the representative? >> yes. >> clerk: okay. i don't believe so. he did confirm that he would be attending today? >> i believe so, yes. >> clerk: okay. shall i -- deputy city attorney, shall i go forward with reading the procedures? i don't see the representative in attendance right now? >> through the chair -- through the chair. >> please. >> so this -- it's presumed that he's late. if we want to move this item and then come back to it, i don't know. just a suggestion. >> clerk: that's the only item for this meeting. >> i see that. >> yeah, the three items are
all the rehearing for that one. >> oh, i see. >> since it's a procedural matter, it's up to the chair. you can go forward, call the case, or take a brief recess to see if the appellant shows up. if the appellant does not show up, under the rules, call the case, then at that point, the board would deny the request for rehearing. >> sonia, it's [indiscernible]. i've got a telephone contact
for him. >> clerk: okay. madam president, what do you think? >> well, i think we can take a little bit of a recess, but i am a little bit concerned about giving special treatment to anybody. i don't think it's common procedure that if somebody doesn't come up, that we would treat them differently, and i don't want to treat them differently than any other person that comes before this board. >> clerk: okay. so did you just want to take a five-minute recess then, so -- >> yeah, let's take a five-minute recess. so it's 9:15, and at
>> i just want to point out that under the building code section for the abatement appeals board there's a [indiscernible] for the hearing. normally, the order of abatement would stand. although that would be more of an appeal, i think it also stands at a request for a hearing. >> clerk: okay. it looks like there is a caller now, so caller, could you please press star, three if you would like to speak? >> the hand is raised. >> clerk: the hand is raised. let me give you the host duty so you can try to check with them. >> okay.
>> hello, caller. 415-420. >> yes, hi. good morning. >> i want a clarification, madam chair. >> clerk: okay. go ahead. >> i do believe he needs to be sworn in. >> oh, that's right. >> clerk: is this the appellant for request for rehearing? >> yes. >> clerk: okay. i would like to read the oath for you. do you swear that the testimony you are about to present is the truth to the best of your knowledge? >> i do. >> clerk: okay. and i need to read some other information. will appellant will have seven minutes to present his hearing
why the department should rehear the matter. after that, the board may, but does not have to, take additional action on the request. stating the reason is clear for the appellant, under building code 105.287, the abatement appeals board may rehear an appeal upon which a decision has been rendered, provided an appeal is requested in writing within ten days. four votes are needed to grant the rehearing. okay. so appellant, you have seven minutes. >> hi, everybody.
henry [indiscernible] regarding mr. lunado. i think at the last hearing, it was misunderstood that what we were seeking was an extension of time before recording an abatement on the property. the son is the one that lives there, and the dad is the one that owns the property. we just want some additional time. as we know, there's no supplies and everything else, so they're just wanting an extension of time to get this finished off before the abatement is recorded on his property. >> clerk: is that the end of your presentation?
>> oh, yeah, and we're asking for 90 days. >> clerk: okay. public comment on this item? >> i just want to interject at this moment, for the appellant, there's two requests for rehearing. does your presentation pertain to both of those requests? >> can you repeat that, please? >> yes. so there are two requests for rehearing pending before the board right now. is this presentation as to both or do you need another chance to present? >> no, that would be for both. >> thank you. >> there's no public comment or is anyone on the line, madam secretary? >> clerk: there's no public
comment. >> thank you. fellow commissioners, do you have questions or comments? is there a motion? >> through the chair, i think as per our discussion with the chief earlier, there hasn't been any new information provided to justify rehearings. mr. [indiscernible], do you have any new evidence warranting a hearing or a rehearing? >> i'm just going back on the last time. i don't think it was understood why we had that initial hearing for, and it wasn't to remove the abatement but solely just to get an extension in time, and i think that was the issue
originally that wasn't understood at the previous hearing, and that's why we're asking for a rehearing. >> that's all, madam chair. >> thank you. anything else, commissioners? is there a motion on this item? >> i will make a motion to deny the request for rehearing. i did not hear any evidence of legal error or new evidence, so i would recommend not granting the rehearing. >> i'll second that. >> clerk: okay. there is a motion and a second to deny the request for rehearing, and i'll do a roll call vote on the item. >> before you do that, i just want to clarify that is as to both of the requests, so item number 1 and item number 3. >> if we can do that in one motion, i think that would be
clear, yeah. >> clerk: thank you. as stated, clarified by deputy city attorney, the motion is to deny the request for rehearing for agenda items 1 and agenda items 3 regarding 5 lunado way. i'll do the roll call vote. [roll call] >> thank you. the motion carries unanimously. our next item is item f, general public comment. is there general public comment for items that are not on the abatement appeals board agenda? >> there are no public comments. >> clerk: okay.
thank you. and our next item is g, adjournment. is there a motion to adjourn? >> motion to adjourn. >> clerk: is there a second? >> second. >> clerk: okay. and all commissioners in favor? okay. thank you. we are now adjourned. it is 9:31 a.m. we will reconvene as the building inspection commission at 10:00 a.m. .