AGENDA

ACCESS APPEALS COMMISSION

Wednesday, July 9, 1997

1:00 P.M.

WAR MEMORIAL BUILDING

401 VAN NESS 4TH FLOOR, ROOM 428

MATTERS FOR CONSIDERATION

1. CALL TO ORDER AND ROLL CALL

2.  APPROVAL OF MINUTES: For the special meeting held on Thursday, May 1, 1997 and the regular meeting held on Tuesday, June 3, 1997.

3. PUBLIC COMMENT: At this time, members of the public may address the Commission on items of interest to the public that are within the subject matter jurisdiction of the Commission except agenda items. With respect to agenda items, your opportunity to address the Commission 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 Commission has closed the public hearing, your opportunity to address the Commission must be exercised during the Public Comment portion of the calendar. Each member of the public may address the Commission for up to 3 minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the President or Chairperson may continue Public Comment to another time during the meeting.

4. APPEALS CONTINUED:

a. Appeal No. 97-11 (PA #9701021) Mr. William Ferdon

242 Powell Street This appeal was continued to permit the appellant to provide verification that the elevator is usable by persons in wheelchairs. Continued from Wednesday, May 14, 1997.

See attached sheet for important information concerning access for the disabled to the hearing room

MEMBER OF THE COMMISSION DEPARTMENT REPRESENTATIVES

Ms. Enid Ng Lim, President Department of Building Inspection: Mr. Laurence Kornfield (415) 558-6244

Ms. Terry Nancy Hogan, Vice President Ms. Marie Banas (415) 558-6205

Ms. Roslyn Baltimore, Commissioner City Attorney=s Office: Ms. Judy Boyajian (415) 554-3905

Mr. Walter Park, Commissioner

Mr. Linton D. Stables, Commissioner

Access Appeals Commission

Agenda - Wednesday, July 9, 1997 Page 4 of 5

5. NEW APPEALS:

a. Appeal No. 97-16 (PA #9600684/9700360) Mr. John Petersen

1745 California St. Whole Foods Market is requesting approval of equivalent facilitation for various counter areas and the for the use of an Article 15 elevator.

b. Appeal No. 97-18 (PA #9703918) Mr. Ihab Touri

59-2nd Street Falafel Express is requesting an exception from the requirements to provide an accessible entrance at the main front door.

c. Appeal No. 97-19 (PA #9705746) Mr. James Hatley

35-41 Powell Street Burger King is requesting exceptions to various requirements for providing a path-of-travel, a ramp slope, clearances at doorways and kitchen, and door width.

6. Report of the status of the Access Appeals Commission budget by Chief Building Inspector Laurence Kornfield.

7.  Discussion, public comment, and possible action on draft Administrative Bulletin - Disabled Access Regulations Under the State Historical Building Code.

8. COMMISSIONER=S AND STAFF=S QUESTIONS AND COMMENTS: Commissioner=s and staff=s open discussion to identify new agenda items, as well as current agenda items to be continued to another regular commission meeting, site visit or special meeting. Commission discussion and possible action regarding administrative issues related to access appeals.

9. PUBLIC COMMENT: Comment time is limited to 3 minutes per person and 15 minutes total time.

Laurence Kornfield

Chief Building Inspector

Department of Building Inspection

Representative to the Access Appeals Commission

Access Appeals Commission

Agenda - Wednesday, July 9, 1997 Page 4 of 5

Outstanding Items

  97-14, 2350 Market Street, withdrawn by appellant.

  96-56, 1050 Valencia Street, is continued to the next hearing of July 28, 1997 to allow the appellant to provide additional information.

  OA97-05, 25 Cyril Magnin Street, is pending possible administrative resolution.

  97-17, 701 Portola Drive, is pending administrative resolutin; this case is tenatively scheduled for July 28, 1997.

Future Activities

* Elevator training follow-up to be scheduled at end of summer.

Access Appeals Commission

Agenda - Wednesday, July 9, 1997 Page 4 of 5

See attached sheet for important information concerning access for the disabled to the hearing room

MEMBER OF THE COMMISSION DEPARTMENT REPRESENTATIVES

Ms. Enid Ng Lim, President Department of Building Inspection: Mr. Laurence Kornfield (415) 558-6244

Ms. Terry Nancy Hogan, Vice President Ms. Marie Banas (415) 558-6205

Ms. Roslyn Baltimore, Commissioner City Attorney=s Office: Ms. Judy Boyajian (415) 554-3905

Mr. Walter Park, Commissioner

Mr. Linton D. Stables, Commissioner

Access Appeals Commission

Agenda - Wednesday, July 9, 1997 Page 4 of 5

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE

(Chapter 67 of the San Francisco Administrative Code)

Government=s duty is to serve the public, reaching its decisions in full view of the public.

Commissions, boards, councils and other agencies of the City and County exist to conduct the people=s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people=s review.

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THIS SUNSHINE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHINE ORDINANCE TASK FORCE AT 554-6075.

SUMMARY OF RULES OF EVIDENCE AND TESTIMONY

Access Appeals Commission Rules will be available at each meeting. For an advance copy, please contact Marie Banas at 558-6205.

All persons testifying in any matter on the Commission Agenda will first be sworn in by the Official Reporter.

The Director=s staff representative shall make the first presentation of each appeal, followed by the appellant, each for up to seven minutes. Any interested persons not affiliated with the principles who wishes to speak on the item may then be heard once for up to three minutes. The Director=s representative and the appellant then each have three minutes for rebuttal. Additional time may only be granted at the discretion of the President or Chairperson.

Acceptance of additional documentary evidence at the hearing is at the discretion of the President or Chairperson. In general, all written information pertaining to the appeal provided by the appellant shall be submitted to the Secretary nineteen days in advance of the hearing date.

If an appeal is denied by the Commission, the appellant has the right to request a rehearing if he or she may demonstrate that they have substantially new information for the Commission=s consideration. A request for a rehearing must be made within ten days of the meeting date at which the appeal was denied. Such a request shall be made by letter and addressed to the Secretary of the Commission. The letter should state the reasons for the request and should present the new information. The filing fee for a rehearing request is $100.00.

San Francisco Lobbyist Ordinance

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin Code 16.520 - 16-534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.