AGENDA

ACCESS APPEALS COMMISSION

Monday, October 27, 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 meetings held on Monday, August 25, 1997 and Monday, September 22, 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.  REHEARING:

a. Appeal No. 97-19 (PA #9705746) Messrs. E. Lew and J. Hatley

35-41 Powell Street Burger King is requesting a rehearing for reconsideration of the Commission=s decision on July 9, 1997 regarding a level landing at the rear store entrance. At this meeting, the Commission will consider whether to rehear this case. If approved for rehearing, the case will be heard at this meeting.

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 Court Reporter: Ms. Doris Levin (415) 456-9899

Mr. Linton D. Stables, Commissioner

Access Appeals Commission

Agenda - October 27, 1997

Page 4 of 5

5. NEW APPEALS:

a. Appeal No. 97-23 (PA #9717548) Mr. David Deakin

2120 Broadway Sarah Dix Hamlin School is requesting an exception from the requirement of providing an accessible elevator within the building.

b. Appeal No. 97-20 (PA #9623653) Messrs. J. Feldman and B. Shaw

555 California Street Bank of America is requesting an exception from the requirement for providing elevator car controls for the visually impaired.

c. Appeal No. OA97-06 (PA #9713752) Mr. Chris Apicella

200 Pine Street Papyrus Card Shop is requesting exceptions from the requirements for providing an accessible entrance, level landing of the existing ramp, and path-of-travel in corridor.

d. Appeal No. 97-24 (PA #9717548) Mr. John Goldman

290 Dolores Street The Congregation Sha=-ar Zahav is requesting approval for installing an Article 15 elevator in lieu of a full size commercial elevator.

6. COMMISSIONER=S AND STAFF=S QUESTIONS AND COMMENTS: Commissioner=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.

7. 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 - October 27, 1997

Page 4 of 5

Outstanding Items

* 96-56 - 1050 Valencia Street, KFC

Continued until encroachment permit request is resolved by DPW.

* OA97- 05 - 25 Cyril Magnin Street, Carl=s Jr. Restaurant:

Pending possible administrative resolution.

Future Items

  Discussion and comment on DPW=s proposed Order regarding sidewalk warping to be calendared for an future AAC hearing. Ms. Denise Brady from DPW Street Use and Mapping will be invited to answer questions from the Commission and the public.

  Discussion of travel distance to elevators in stores and in public spaces.

  Article 15 elevator conditions of approval (tentatively scheduled for November 12 meeting).

Access Appeals Commission

Agenda - October 27, 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.

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 Court Reporter: Ms. Doris Levin (415) 456-9899

Mr. Linton D. Stables, Commissioner