tv San Francisco Government Television SFGTV November 29, 2015 7:00am-8:01am PST
excuse-me. the third commissioner johnson you're out there are full calendars full through the end of the year this is the request for the next hearing with full commission just for clarity this is a mandatory discretionary review so ultimately a top probation officer with 6 expirations it gets approved like me other dr and in order to continue the matter it takes the majority vote. >> i understand. >> if this particular case 4 votes to continue so everyone is on the on the same page. >> give me the next date vertebral for this. >> quite frankly december 17th. >> why not december 17th and that's my motion to continue to
december 17th. >> i'll second that. >> i'm checking the calendar here. >> okay commissioner wu. >> so on the matter of continuance i feel challenges because edge come out for public comment for and against and continues 2 weeks ago a last minute i know that people came that day we'll vote on the continuance but i want to over a different point of view on the project itself so there is not much of a green zone north and no mcd north of post the area on lombard where there is a possibility it is only between pierce and broderick a little bit fuzzy but more than 4 blocks they're near
edward the second i don't see how there is another possibility at cal hallow suggested within this you know this 3 blokes that is not near edward the second and further there are children living across the city we've not said as a commission or city that children near mcd is near there and a problem most of children are near where the mcds are clustered and a lot of supportive services for edward the second visitors and thanks to the services and the development of chp but the transitional youth there has services evidence to help them make decisions in life. >> commissioner richards. >> i think last time we continued there a 5 member
commission additionally we did it at the beginning of the hearing from a i'm a board of supervisors appointees so i have an affinity be listening to the supervisors that are for the folks that appointed me after hearing all the folks that came out and asking for the continuance after everything has been said and continued the last item a 6 member it is a due process and public opinion i'll hear the merits whether or not we take dr and not support a continuance. >> commissioner moore. >> i am hard-pressed to look at a continuance given the ever large responsibilities by which
we need to take a responsible position through the city this didn't has nothing to do with with the weight of us how we feel about marijuana as a person decision but as a commission it is one that is burdening us for me personally for the last 10 years how are we moving this on or about indeed the responsibility is one in which is decided by law we need to do that awe so the land use issues their codified and speak about green zones and the across the city the dispensaries we've responsibly approved and some disapproved all happen to be creating a lopsided position without tackling the larger
initial or issues what do we do across the city the green zone is getting indeed almost non-exonerate we talk about from the point of view we can ultimate not determine whether the coffee shop is only in the location within the per be admissible zone. >> i'll a.d. adds i've burn seeing this for of years each difficult and speakers on both sides pretty much comes into down the number of speakers i think every time we hear one indians the miracle that life miracles that have occurred right in front of us this one i feel that because of king edward across the street we had a difficult times there was
an important facility to mrs. place in san francisco and a enemy i didn't situation their plugged into the city i covet we're within the thousand feet radius of schools and other sources that at risk youth facilities were included in the risk i don't know enough about the business. >> anticipate that will be on the ballot and legalized i'm curious where we are as a city and when the legal phase happens will repermit that citywide are have our own restrictions i don't know about the locations are they grairgd in or someone can educate me but again, it is a difficult one e-mail supporting a continuance at this time. >> commissioner antonini. >> i'm not completely clear on
where the green zone begins and evens i'll take the commissioners comments on lombard in the advisory committee general cal hallowing affirmative action and russian hill and marina area other seats that qualify in the near future on larkin somewhere in russian all right on the calendar there are other seats available and quite a few of the sites but the other thing i would say this i think the site a probably not the rigplace for that i've had lot of e-mails received hearsay of e-mails more from the supporters from the occupants
opponent the opponents put down their e-mail and addresses close to the site opponents first name in last time name. >> what an address innovate from the area i've heard a number of people proponent from the area but i'll say my impression is that there is a lot more option in the people in the neighborhood than there are proponent in the neighborhood so i think this particular group does a job a lot of friends and love people in the area that are supportive of their operation but i think that people that lived in the area in for their whole lives unless connection to medical cannabis not that strong in favor of that. >> commissioners commissioners, if there's nothing further there's a motion that's been second to continue
this matter until december 17th commissioner antonini commissioner johnson commissioner moore no commissioner richards project sponsor no commissioner wu no and commissioner president fong that motion fails 3 to 3 is there an alternative motion. >> commissioner antonini. >> i don't think there is too much more to say i'll take dr and disapprove. >> commissioner richards. >> first go ahead. >> i want to tease this before a notation that one is a difficult one granted each one as commissioner president fong said it is extremely difficult so from what i've heard if i sum it up from the neighborhoods point of view i'm a neighborhood
guy on a 5 member commission we took dr i understand the concerns not an issue with medical cannabis there is an issue with clustering in the city of with district 11 and district 5 and we're disapproved very responsible operator in district 11 krufrt is unfortunately, we did approve a couple of projects from the south of market and some on california street we're trying to take each one at the time and on neighborhood commercial locations he thinks the folks in the neighborhood said they'll support the medical cannabis dispensaries somewhere else in the neighborhoods between a two or three block frontage in this green zone they'll support one so the operator i heard a lot of people speak to praises but not
this location from what i said not an issue with please activity they've got a green good reputation in south of market with no police i can't imagine any in here now the issue is the location the owner is the at risk youth and existing residents came up with the second at risk youth at risk youth to me that is did i understand from the america that he had ethics people are less electrical to contribution into adults so at risk youth a temptation to become riskier or ream at risk walk into a restaurant and order a drink or go into a liquor store and those
are youth 18 to 23 folks at the congressmen edward serve as 24 pr okay. so some of the folks 21 to buy alcohol and some can get here on behalf of the appellant the alcohol you don't dr. to have a membership and on this to prove how old you are the issue keeping it out of their hands so they're not attempted that's issue i don't discount having this crossing from king edward it is not exceptional or extraordinary circumstances given the back those are at risk youth could be standing there for the circle but the project sponsor given that you can't a what can you do to keep this out of the hands of the folks across
one 1 minutes is there anything to make yourselves and competitive i'm trying to understand how to keep this keep this making that as convenient. >> i'm open perhaps no delivery ♪ location thank you. i appreciate that >> i'm not clear how delivery is better or worse. >> the folks are at wrefk can get approved 20 collectives it is a convenient factor if they've over across the street a minute unlawful verse an hour.
>> we pledge we'll report back here in a year and recalendar tonight make sure that the operation have worked out as we intended i don't know what to say you've heard from dozens of people about this honest they catered their responsibility so i'm proposing a pledge be you would i fueled in a year to look at it. >> thanks. >> sir public comment is closed. but at this point the commission is deliberating thank you. >> commissioner johnson. >> thank you. this is a
challenging one i voted for the continuance to i'm prepared to hear the item looks like we're talking about it now this is a challenging one so to me it boiled down to better or worse one item i've heard a lot of public comment and agree with sxu some of the comments about children in the neighborhood and some of the other neighborhoods issues to me don't resonate because we have many important families with children there are a real plus or minus issue where i focus is on the edward the second not because of neighborhood has any some of the
language i'm surprised some of the people are showing up but i am one public commenter brought up they noted that larkin street and the opposition in a letter the thinking generation i summary is larkin street is not trying to upset the neighbors i get that, however, i'm family with larkin street and the population they work with they are challenges to find the sites you'll look at some of the other strafrt sites with the units i'm sure they have some circumstances they have those
facility across the street from our edward the second site we do serve at risk youth they've been homeless, they've through the experience of homelessness have been traumatized which puts them especially at reflex for self-medicating to deal with the trauma i've xerpdz experienced and placing a facility that directly across the street is probably not in their best interests they struggle with substance abuse and we definitely feel that having that facility across the street is not the best placement for that facility. >> can you talk about this
site a family again with some of the programming supports the coming from all over the city to get the services; is that correct. >> question this is a permanent housing sites is 25 verse some other sites there are some that live on the seats but over services from all over the youth at the site live onsite some of the sites are hybrids youth that live there and youth that cockamamy and go from other sites this is permanent. >> thank you very much. >> so thank you. >> okay you're welcome. >> go ahead. >> i was going to ask him something. >> a couple of more things so i appreciate that and again i'm
generally in favor the mcds i voted i think for almost all of them and but i'm challenges the facility is a great business but unfortunately, like other sites we'll have conditions of approvals that increase the safety on the street or neighborhood are to preventive population that one unfortunately nothing that we can do those are adults young people at risk many of them have challenged backgrounds and in a foster care at risk for challenges at the end of the day they've over 18 in the case of this facility they'll their 21 to 24 i have to look at this and sort
of putting it out there for me a lot of the neighborhood concerns as market street requester not there i wouldn't none of the other concerns would resonate with me and commissioner antonini. >> yes. gentleman from larkin street if i could ask you a question. >> chases what's the policy with girlfriends. >> their allowed guests they, have oversight night gifts 10 days out of the month an different guests asia overnight girlfriends one per residents correct. >> one residents couldn't have two people.
>> thank you very much the point i'm making you know not the guests will be at risk but there is anothers person that could be a good or bad influence on the if he were at larkin student so it as somewhat to the number of people have you to consider kwhu talk about the larkin situation. >> a question question pickup on commissioner wus comments there is an alternative location for this project sponsor? >> had you studied other location within the green zone always compatibility. >> if you want to turn on the overhead this of the green zone
from 2010 or so, so if you look at here here's where we are with the sites with the bridge over here and the first thing to find a location vacant arrest for sale arrest lease due to the laws that by way of contrary they've not changed the court case with the same the project sponsor at risk for for it is your that law changes it a has a chilling effect on any project sponsor so make the phone call phenomenon the lease sign the first question what's the use and as soon as we tell him the use i've received 35 calls and not renting to you tends e ends the access the reason we raised funds to pretty much the
building we're proposing because they'll not lease to us none would over here in affirmative action is the area is come prides of hyatt a parking lot, etc. ekno good locations for a small business in those locates if we look at longer than the common core algebra not a lot of small businesses small businesses and sites and parking lot large-scale development and, of course, down here most of cluster in mission and the south of market our skier desire to locate into the neighborhoods. >> okay. good i was curious
if you had a back up location. >> so i'll speak to that pacific and laguna i'll walk on saturday or sunday every week the green zone it i pull up the map i've effectual learned it and look for turnover as you may know a super bowl 50 that happens every other week for for sale sign we'll get 80 on that and pull title and figure out who opposes it and make outreach sends letters to the owners that are register a lot of times in san francisco the property market is to hot many don't hit the market they're sold or turned over before marched we did our best i did that letting for two years until we found it six months of negotiation to get
the property. >> for your information san francisco as 20 to three cannabis clubs in this location. >> commissioner moore. >> two that is interesting to hear commissioner johnson reflect on market street and he recall and want to recap the moving testimony that was given by young people out of the foster a car in support of approval of the edwards locates on lombard street we're now categorizing referring to them as at risk youth and vulnerable population i wonder would it lob like as those young people in this for is there any public comment would be here today to particle in this discussion.
>> i'm just leaving that as a big question we're californian passageway them and how many people have grown up up and on the way to making responsible decisions and where the opportunity to hear where those two organizations one which services a large population the goals for the cannabis if in this part of town and those who need to work with each other to make that good for everyone a second we want to acknowledge mr. and mrs. a. aldridge to participate in compassionate mcds and they have not been here
for quite a while the whole xanax communities has not participated and mr. and mrs. l aldridge and this particular case for the weight it is upon me to support the successful and ongoing larkin street proclamation but be open to support a best that has hey standards and has a large amount of community support i would have to ask that both of them work with each other and he'll support what's in front of me today and commissioner moore he agree when he approved the larkin street facility and were
folks that spoke from deft backgrounds and it was you know i'd like to see them here i think that would change the circumstances a little bit and maybe the communities and two groups can work to understand each other's needs. >> commissioner antonini. >> i'll speak to the al drijz before us a number of times and committed and interested in the case that is good to see them here he'll ask brittany are there any mcds in marin county. >> i'm sorry i don't know the answer to that. >> i know none in san mateo we had this on or about with the dispensaries were on market street. >> i'll defer to the pardons. >> the fear that a lot of people from san mateo county
were coming up to the dispensaries on mit i'm asking the same question. >> a court case that opener or overturned it if fairfax and currently the county of maureen is going to the process of created regulations and in the process of evaluating applications and eatable manufacturing facility in marin. >> there are not 0 now. >> but in the 2016. >> interesting i don't know we must have a very pops with a lot of medical problems interesting staefksz san francisco county has more cards households per capita than anywhere in the state and 17 for every hundred and 18 more lapsing county and 18 more sacramento i'm not sure
why we have a population have a lot of debest estimate diseases hard to believe we have 18 to 32 more people with debusiness times diseases an interesting pot whether we need more developers. >> commissioner richards. >> project sponsor one more time if you miter if you can please come up and fill us in on what you, do to keep this out of hands of the folks across the street. >> we'll do the pilot for one year and of. >> not selling not allowing folks between the ages dulls between 18 to 21 in our store and wells fargo to not offer delivery not something we didn't offer for the first 3 years of existence in the castro if
theres a concern to the communities and proposed several programs sub sesignificant charitable donations in the last week the castro and love to support bargain with landscapes and helping people vnldz jobs and the programs that equivocates at that facility a. >> and the pro-active black list. >> overwhelms. >> the black less. >> easy to keep someone out of dispensary we check ids a volunteer reflex go if someone want to say put themselves on it a couple of people requested to do that and it is something we can do. >> a question for the larkin folks thank you. >> i have 25 residents within
the facility of king east side ward. >> 24 i how many 21 to 24 i don't have an exact number i'll say most over 21. >> okay. thank you. >> you're welcome. >> it comes down to balancing the needs of the certain population that number's in the thousands of a population across the street to come back up to towing people is credibly difficult. >> g g collins would you mind coming up how many years have you run the self-defense school. >> 20 years and how many students enrolled. >> one hundred to one hundred 60. >> and this is next door or two doors down.
>> right next door and by the been the parents concerns that - we understand the need for marijuana it is very important we understand the need for delivery and it is assessable for people the point of that happening now on this block so some other troubles and question marks the parents feel and thinks that is not right and that's the voice been voiced unanimously. >> and because it is by these lombard a lot of drop off kids as they'll drove in the double parking and can i see come around the corner and walk by the proposed marijuana site.
>> eject. >> thank you commissioner antonini. >> the gentleman from the karate studio i'm sorry you mentioned j.t. collins any medication from the panes they might discontinue the participation in karate if this thing passes. >> this was the first they said it would be difficult for them to continue if there is one in the place. >> that's important it could have a effect on your business and perhaps other businesses in the area. >> they feel as a parent it is important to gal balancing the neighborhood and excluinclude t that are positive and not negative. >> commissioner moore. >> it is very difficult for me to hear kind of a statement
other best people that are up and down the block supported they wouldn't be moving out it is a little bit at this time in the presentation i think that is not comfortable to hear that is that is procedural. >> commissioners would you like to say something. >> why not first. >> would it be legal napa valley to restrict delivery to anyone under 24. >> yes. a court case the neighborhood court case is stocking man verse is mann theatres corporation is sites a
case of age discretionary where a store did for the offer discounts to building or not straight people and a straights heterosexual sued and in that case the court you. found that certification is improper but whether children and senior citizens can have discounts stocking o stockman verse mann the court said referring to the previous access in wants the sex cased were arbitrary between sex and age based discounts he find in favor of the theatre that created this discretion and favored the discounts in young and oldest people the court said
in other circulations like race and sex and national orientation all people benefit during their or their liechls first as children and then senior citizens this is the kind of discretion based on age we glow the ages thus not the covet discretion that was dealt with in the previous access called the case in 1991 and staples for that proposition and obviously that is a california case. >> so someone calls up the facility and they're out take is 24 they can get here on behalf
of the appellant. >> age 24 but ant restrict them from walk into the store that's their legal right. >> yes. if they've seen a doctor with the new law not just any doctor can write as of january 1st the impulse buy will be faed away around january when it goes into effect. >> thank you. >> there is the reality of someone buying it and selling it outside. >> you can't restrict medical cannabis everywhere we're the boiling ocean. >> commissioner antonini. >> yeah. my concern not so much with legitimate delivery ways to found out where their delivered but more with the fact that you
could have an area at risk a lot of credential elements and some of the molts and other things in the neighborhoods and even the residence of the edward the second a liability prescription they're at risk with the medication and they are walking down the street or with all cash to buy the prescription a lot of robberies and walgreens was held up not too long ago it is at risk and adds another element that promotes the possibility of crime has nothing to do with with the dispensary overwhelm to move to take dr and disapprove. >> second. >> commissioner johnson. >> thank you. i see that is been second since we only have 6 people tonight if we were to have a split vote that would
pass by default and echo commissioner richards comment i think outside the box commissioner moore as well that larkin street would work together to do what we can he'll say one last comment i've heard a little bit of discussion trying to differentiate marijuana medical cannabis from alcohol and he'll say in the city have a misdemeanor 5 history of the laichlt the access of closely when we feel at risk neighborhoods there was a i don't think that was an sud but a moratorium or something on alcohol supply stores and control stores and bars in the bayview so we don't necessarily to me i don't think so the prejudice convince medical cannabis i'm looking it we have a hefty find looking at the
neighborhood characteristics when we look at me seats want to put that out there. >> commissioner moore. >> secretary the motion didn't properly reflect which is in front of us the recommendation to take the discretionary approve commissioner antonini said to december approve i believe he is he has to take dr in order to approve the project no dr will approve the dr. >> this is not written. >> he's making a motion contrary to staff's recommendation. >> yes. we have the flexibility to make whatever discretionary the maker of the motion choose not in a conditional use of a motion
before us to approve or disapprove my motion to disprove. >> if we split on this no ability to add conditions if it is approved so that's the risk i'll be in kind to make a motion to approve about that the project sponsor is volunteered so we actually have in this case we might get something. >> the commission has the opportunity to make an additional motion. >> if no other motion is made. >> okay. thank you. >> shall i call the question. >> sounds like good. >> commissioners a motion and sends to take dr and disapprove commissioner antonini. >> commissioner johnson commissioner moore no commissioner richards no
commissioner wu no and commissioner president fong that motion fails 3 to 3 an additional motion. >> schematics i'll move to take dr and approve the motion with no delivery and contact person dedicated for larkin street i'll throw this out there a meeting once a month to find out the issue and a of most look back informational to the commission in person. >> i'm sorry repeat thirds no seal and delivery and larkin. >> dedicated contact and monthly meeting with larkin to understand if there are any issues. >> for 0 how long. >> endefinitely and.
>> i second encourage both groups to pro 12 work with each other in support of good neighbors. >> both groups matt haney. >> larkin and the facilities. >> very good that will be what the meager is about. >> sxhifbs to clarify with that the black list for one year or permanently. >> no sale under 21 permanently. >> do i hear a second. >> thank you commissioner. >> commissioner moore. >> i already said. >> commissioner antonini. >> i think that motion is better than going forward i want to be on the record but it is an improvement over what is there anywhere. >> overwhelms commissioner johnson
so from the motion were to tie again those conditions of approval not be in the approval. >> they'll be no conditions attached to this proprietor. >> i think weren't there some the staff report. >> but you'll have to take dr and for clarity commissioner richards. >> can we get classifications with the no delivery for any age for permanently. >> yes. >> commissioners been a motion second shall i call that question. >> are you comfortable with that we'll potentially approve. >> a project. >> hoping to have a fourth
vote. >> i know than this is a before us i made the motion approval with a fourth vote. >> all right. commissioners that's been seconded to take dr approve the project with staff conditions as amended to include no sale for persons under 21 there are no delivery services there is a dedicated contact person that there shall be one month meeting inindefinite with the larkin and a six months and one year look at back informational hearing in the presentation form commissioner antonini. no commissioner johnson commissioner moore commissioner richards commissioner wu