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tv   Board of Appeals 101916  SFGTV  October 21, 2016 4:00pm-8:01pm PDT

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violence-related homicides each year, two out of those four domestic violence homicides in 2015 involved guns. we cannot stop our work until no one is killed by an intimate partner. thank you for joining us. together we will one day end domestic violence. [ applause ] >> thank you so much olga. i want to acknowledge jeff the head of the department of homelessness and supportive housing, who has joined us. to close our event today, i want to introduce the ensemable that will sing a piece that fits to music a text by the famous african-american poet audrey. please give up for the ana
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cruces travel ensemble. [ applause ] [ music ]
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[ applause ] >> i want to bring up
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deputy chief of staff for public safety paul hendrickson for a very special unanticipated special announcement. paul. >> thank you, emily. how is everybody doing this evening? great [ applause ] i'm a little disappointed i wasn't asked to sing -- [laughter ] but i think there is a reason for it. that is okay. i just wanted to thank you guys, all for coming out here tonight. it's really important to do the work that we all do, and there are so many different agencies and individuals out here, representing the work that we do with family violence from the police department to the district attorney's office to the mayor's office, to the non-profit agencies, and really it all begins and it ends with community and the fact that you are all here tonight is a big deal. you all saw earlier when the mayor was out here and he was presented with the big letter signed from all of the agencies that are funded
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through the city services. and whether when we went back into the building he wanted to make sure that i presented to you and you know that letter will be on the display in the mayor's office in room 200 for the next few weeks and this is something that i haven't seen done in past, but he was really touched by the fact that so many of the agencies came together to thank him and thank the city for its collaborative work to end domestic violence. so people that will be coming into this beautiful building and into room 200 for the next few weeks will see that letter, that many of you that are here tonight signed. and it will be on display inside the mayor's office. so thank you all so much for coming and being here. i would encourage you to take advantage of the opportunity that you are here tonight to make sure that you make a record for yourselves. this would be a great thing if you stick around in about oh, i would say about an hour or so, you'll see the building lit up in purple to
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take a picture of that, to take a picture of some of the other speakers and your friends that you saw here tonight with your message and put it on out on your social media messages and facebook and twitter and linkedin accounts to know it's end domestic violence awareness month. thank you all for being here tonight. i look forward to working with you through the year with the mayor's office. [phra*-ufrplts/]. [ applause ] . >> i want to thank paul and the mayor's office and thank the domestic violence consortium and my amazing staff, policy director candell who came up with the idea of lighting city hall purple, let's acknowledge her. [ applause ] and i want to thank our policy members for putting together all of these signs. and i want to thank everyone for coming out tonight. see you same time next year. thank you very much.
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[ applause ] >> good evening and welcome to the
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the san francisco board of appeals. the presiding officer is commissioner honda and we are joined by our vice president commissioner fung sxhaupz commissioner swig and commissioner wilson to my left is brad that will provide the board with legal advice at the controls gary the legal controls gary the legal assistant my name is we're joined by representatives from the city departments that have cases before this board. scott will be here the zoning administrator and representing the planning department and planning commission intishgs joe duffy is expected representing the department of building inspection and joined by deputy city attorney ann pierson and douglas representing the electronic devices are prohibited. please carry on conversations out in the hallway.
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permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. people affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes - no rebuttal. to assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or business card to the clerk. speaker cards and pens are available on the left side of the podium. the board welcomes your comments. there are customer satisfaction forms available. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live on sfgovtv cable channel 78. dvds are available to purchase directly from sfgovtv.
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if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. please note: any of the members may speak without taking please stand now okay do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> okay. thank you commissioner president honda one housekeeping we received a withdrawal request for item 5 which is appeal 16 dash - dealing with an alteration permit another 1110 green street the parties have reached and
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then agreement that matter will not be heard moving on to item one general public comment for anyone that wants to address the board an, an item within the subject matter jurisdiction not on tonight's calendar seeing none, item 2 commissioner questions or comments. >> commissioners. >> i have a comment please oh, yeah. sorry. >> additions, deletions, or changes. >> we're talking about number 2 first. >> sorry. >> that's okay. >> may i have your permission ma'am, executive director thank you for being efficient and thorough and following up on our request for a clarification only the use of yellow zones by mobile foods facility your memo was clear and one of the clarity was that basically mobile food
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facilities are in the exempt from the raw yellow zones the law is you get to move things both our truck and move on as quickly as possible and as i was reading that and it became as basic as that it said no comments for food trucks under section one six maybe the individuals or the departments is asked to issue licenses for food trucks should got this to the food truck applicants in advance so they don't end up here and we don't have to reject their appeals when the law is very clear in the first place so we've had no less than two applicants come here on the very
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same street to put their food truck in a yellow zone and in fact, if they were just advised of the law in the first place we - they woenlt have spent the money and we wouldn't are waste of time in making a ruling what we send a lot of letter to that department that deals with those licenses and advise them to advise applicant in the first place if you think about putting food truck in the yellow zone you probably will not apply is that okay and that's my suggestion. >> i can take that as a request from the board in the board want to have app a discussions we'll have to calendar it as a forward action item but no discussion. >> can it be done casually
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without a hearing process. >> i believe i can reach out to the director of public works and express that concern. >> i agree. >> okay. >> all right. is there any other commissioners questions or comments. >> any public comment on item 2? okay. we're on to item 3 the boards consideration of minutes of september 28th >> okay. this is where i say that any additions, deletions, or changes to the minutes if not move forward. >> so moved. >> okay. thank you any any public comment on the minutes seeing none, there is a motion by commissioner lazarus to adopt the minutes of october commissioner fung commissioner president honda commissioner wilson and commissioner swig okay. thank you that that motion carries with the vote of 5 to zero and moving
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on to item 4 appeal 16 dash 128 marilyn versus the zoning administrator on pacific avenue protesting the issuance to john david i didn't and fiona to construct a two-story horizontal addition on the rear of a single-family dwelling that will be entirely within the rear yard public hearing for this was held on september 2016 and the board continued it tattoo allow the parties on opportunity discuss we'll hear back with the president consent and give the parties 2 minutes with the result of their efforts starting with the appellant reuben, julius & rose on a reuben, junius & rose representation as an entity before the board will not have
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an effect on my decision. today. >> and commissioner wilson i know you were absent have you had an opportunity to review the video and - okay. great hear from the appellant 3 minutes. >> good evening, commissioners my name is greg i'm the attorney for appellant marilyn you want, of course, to know what we've been doing last friday, i sent a proposal to mr. kev with a settlement that will resolve the situation yesterday morning a counter offer and yesterday afternoon he responded to his offer we're down to one issue between the
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two of us and with that issue resolved we in fact, could have a resolution of this hearing. >> but we don't have time to do it now i just met with the gentleman and his client outside of the hearing room in order to try to get his agreement to postpone this hearing to have enough time to resolve the issue the client wouldn't agree going forward i - the one issue has to do with with privacy it is no question the last hearing the entire case was about the second story deck that would otherwise impede any clients privacy and that was the whole reason for the request for a variance that there would be a second floor deck the applicants children will be able to play
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the zoning administrator said in fact, the improvements that would extend into the rear yard were not compelling the only thing that was compelling was the deck our issue has nothing to do with with the deck we'll agree with the deck and agree with the improvements in the rear yard the one thing we want to protect is our clients privacy and we have one request and that's all and that is to eliminate the stairs from the second story to the first floor with the people up and down the stairs will have an opportunity to look both my clients bedroom and the other rooms in my clients house and it is that concern of privacy that drives our differences is that and only that our issue. >> we do building we can resolve that issue if given enough time to do that i propose outside of hearing we have a mediation with the architect and
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i hope that goes forward thank you. >> thank you. i have a question encourage. >> yes. >> could you give the other discussion on the two previous items you mentioned in regards to the negotiation between permit holder and appellant. >> i'm sorry. >> you're stuck on one item. >> one issue. >> what were the items concerned. >> we want the across the glass to screen off the second story deck and the landing and the stairs down to the rear yard, they didn't want to do that we wanted instead to say a green screening that we basically agreed to do both there would be across the glass and green screening that will go down to the rear yard were we also wanted did height of the
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rear yard reduced from the two feet of dirt they put back there down to a level they'll not do that we agreed to go along with them there's a problem with the fence on my clients property line they mentioned that in the last hearing the dirt that was piled against the fence was tipping over the fence and needed to be replaced. >> thank you very much. >> you're welcome. >> we'll hear from the variance holder. >> thank you, commissioner governor jerry brown on behalf of the project sponsors want to thank to the commission for the opportunity over the month to continue to work on those relationships with our neighbors we recognize this is not over
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tonight so we have reached outburst to ms. willie and the neighbors at the north end of the site over the course of the last month one of the things we heard from ms. willie the state of the - we engaged with a comprehensive clean up of the site if i could get the projector please. okay. >> yeah. so one of the things that was mentioned the level and dirt was moving into her side of the property we installed a trench in the meantime to during the construction that shouldn't be an issue other picture of the trench there was weeds in the backyard obviously the house has not been lived ♪ sometime we got a collapseer and cleared up the backyard some of
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the bushes and trees were overgrown in the front yard and finally the front yard could use some clean up and done that as well that was one of the things we heard loudly from her we have oh, and with respect to the north neighbors we've engaged with the property line fencing we're in the process of getting a site survey to understand where the property falls >> working with them on a new fence obviously at the project sponsors cost at the end of the process with respect to the lady as said i believe we're in agreement essentially on everything other than this staircase and with respect to the staircase we've heard there is a concern with the privacy and noise coming from the staircase
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so hearing that we eliminating the staircase we think is a too strong of a measure a way to assess the rear yard from that roof deck go goes downstairs out into the valley hall and walking down the stairs and unnecessary considering the fact if i can get the overhead again, this can be taken care of with a privacy screen do we 5 or 6 but to remove the staircase instead of we recognize regardless of what the board does we're ready for the appeal to be denied i'm sorry president finish that should the board want to continue to give us time to work
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on that about is useful in our conversation to get feedback as the appropriateness of a staircase in this situation that will make the process easier but ultimately coming to an agreement on that process and thank you i have a question. >> yeah. >> was the privacy screening on the staircase discussed. >> yes. yes. >> that of those not acceptable. >> from what we're hearing it is - actually, i don't want to speak for any clients we're not hearing it is adequate and continue to working on the design there is a question of an acceptance of my - >> would you accept a continuance if you knew what we - >> we prefer the appeal to be denied but absent that we'll appreciate getting the feedback
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so that your input can help our conversations we're at a bet of a sticking point i think. >> just to clarify the appellant is concerned about the first run of stair and not the second run of stair and that's my understanding yeah. >> thank you. >> thank you. >> mr. sanchez anything no okay commissioners, if you have any questions for mr. sanchez otherwise any any public comment on this item? seeing none, commissioners, the matter is submitted. >> i have a question for the appellants yes commissioner. >> does your client object to the higher - screen or i guess rail of some type of along that first run of the stair. >> my client is concerned both
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for privacy and for noise those are two concerns and frankly stairs were never mentioned as a concern previously and this prior hearing and frank i would be given her stated purpose for the deck an enclosed save space for her 4 young children in the kitchen she'll be pleased to eliminate the stairs that would possibly be a danger to her children that is supposed to be a safe and enclosed space we'll prefer eliminating both stairs from the first story to the rear yard and from the first story to the second story as stated that other stair from the first floor to the rear yard was necessary for tradesman to get into down
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into the yard for maintenance we conceded that but have that stair eliminated or move forward we i want to have it moved. >> sir. >> that's what we're trying to do. >> if as they've proposed they create a 5 or 6 foot screen along that top stair the privacy issue has somewhat been abated and remaining an issue of noise. >> it will be somewhat abated but that issue of noise. >> any other questions. >> no, thank you. >> thank you as. >> in the last hearing if noise and security is an issue i remember in the last issue the appellant stated she does airbnb in a rent-controlled united you
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have more noise with privacy in our own unit i don't see the problem from the permit holder will put up a privacy screening on the property i don't see a problem. >> i agree. >> i would agree. >> do you want some debating about marking a motion to deny the appeal but condition it on the screening of the staircase. >> through that you need to grant the appeal. >> it is a variance so you'll need to face the 5 findings on that condition in order to allow the variance to be upheld. >> commissioners as a reminder the petition -
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>> so there are conditions on the variance now; right? are we adding a condition to the variance? >> i mean, i on the condition could put conditions on - >> am i right mr. sanchez. >> scott sanchez, planning department as a matter of course is their standard conditions that apply we'll ask if you granted the appeal and overturned the variance any issue you'll maintain the standard conditions that we have as part of our decisions letter in addition to the 5 finding as part of any decision if you show like granting the appeal to be impose an additional condition regarding the screening to specific the height on the stairs and where you'll want it exactly that is necessary for us to implement our vision. >> i was thinking about a
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couple that were specific may be one the basement floor setback specific to the project as opposed to to the general one. >> absolutely, yes yes. >> thank you. >> we could do two things condition the variance but the permit is still out there potentially coming back or we could take our action just on the variance and see whether they can resolve it between - before the permit comes back. >> i assume in this case you'll uphold the variance well, i shouldn't speak for you. >> i made that statement previously he was supporting the basis of the variance given the condition and context of the
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properties around that area. >> so we're in agreement and with hold it variance and wait for another action. >> see what happens when we get three weeks off. >> the reason i'm trying to gage what we brought forth in terms of what our response to the privacy as a satisfactory solution to part of the appellants concerns whether this is going to influence subsequent appeals or not. >> you have a comment. >> just to be clear i guess it sounds like the board may want to allow them to come back with
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a project that has higher screening for the stairs this is important because the variance establishes the envelope for any future project if it didn't contain the screening within the rear yard and can't be revised to add it with that said, if you want to giver the flexibility if you impose it as a condition then if they said they have to have an 8 foot high screening and agree on a 7 feet they'll have to build an 8 foot. >> but the va could extrapolate that. >> we wouldn't want to overrule the wishes the body that's a fact so i think what i'll suggest if you want to provide flexibility it could be revised to grant the variance as proposed and allow for a
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screening up to x feet high and through the course of discussion they come up with no screening or something less they'll have the flexibility but if a condition a certain height skrooenl they'll be stuck with that. >> sorry mr. sanchez can i look at it a different way we're following our suggestion but seeing no less than shall we say 5 feet high it is a reasonable screening for this but if no less than 5 feet you can go to 6 or 7 feet. >> did that work for you. >> that works and commissioner fung can figure out how the how to say that. >> i have one other question for the zoning administrator that the other items that have
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been agreed to those need to be part of this decision in order to allow the variance to support those changes. >> i think most of things that were done kind of the maintenance of the site in terms of the other items in they could repeat this that would be helpful. >> and i can come up here its a little their mitigate aspects of this not appropriate to include in terms of the distribution of covering fees for certain things 0 so maybe i'll - >> we don't need to hear those. >> pardon me. >> we don't need to hear those mr. wright the first is the
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screening along the property line above where the fence is for the portion where the deck extends out to. >> so basically this is the screening for the stairs that go from the lands on the first story to the rear yard it will be frosted glass and along the property line essentially protects my clients property from anyone walking on the 5 or 6 landing and down the stairs rear yard there will be frosted glass 5 feet tall on the second story deck facing any clients proper property. >> greg you want to with respect is this accurately reflecting. >> yes. okay. >> commissioners the exhibit
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that was prepared by the project architect if we could get the monitor that reflects this appears to reflect the parties agreement that is a 4 to 5 feet screen along the fence for the deputy of the deck 5 foot screen along the eastern side of the roof deck and 5 foot along the staircase as well. >> we'd like a 6 foot screen along the staircase with frosted glass. >> the question mr. sanchez those need to be reflected. >> that definitely as part of variance decision otherwise come back for another variance should be included in the decision you take tonight that's your decision. >> so will the plans reflect
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then - >> so one possibility will be to condition the vaurnsz so that the project reflects what is in the plans. >> 6060. >> not on the deck but the stairs. >> the one exception the screening loan the stairs the first stairs be 6 foot not 5 foot as shown in the plan. >> would that be possible to mark that on the paper it will make is the easiest to enforce. >> i can stab at it. >> you know it as well as i do as not necessarily. >> cross out 5 and put 6 i'll put my initials there. >> if we can get the overhead
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one last time the 5 foot maker put 6 and initial it i think this will be adequate for in the decision. >> is there a date on that drawing. >> sorry commissioner. >> a date on probation officer drawing. >> there is now. >> the 19 of october. >> thank you. (laughter) cut you off john >> with a date and. >> okay. >> i'm going to move to public comment is already terminated now i'm going to move to grant the appeal and condition the variance with the additional screening as represented in the drawing dated october 19, 2016,
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on the basis that the extensions allowed by the variance will have certain privacy issues that will be handled by those additions those screen additions. >> that represent what we want to do. >> and therefore the 5 finding required under the planning code will be met. >> will be met yes. >> okay. on that motion then by the vice president to grant
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the appeal and upheld the variance on the conditions described and the basis as stated commissioner lazarus commissioner president honda commissioner wilson commissioner swig okay. thank you very much that motion that passed with a vote 5 to zero item 5 was withdrawn will we'll move to item 6 safer lower hate versus the department of public health on july 15th of a permit to operate a medical cannabis dispensary and we will start with the appellant that has 7 minutes to present his case. >> and prior before we get going another reuben, junius & rose case i need to make a disclosure. i wish to disclose i've hired reuben, julius & rose on a reuben, junius & rose representation as an entity
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before the board will not have an effect on my decision. this evening. >> okay. >> mr. con when you're ready 7 minutes and thank you very much i want to thank cindy that and the whole board of appeals you guys are greatest basically, i own the computers my name is mr. connie lived in lower hate for 13 years and instead of working for a tech company i opened a business in lower hate you ownership a small business know how hard we're a community-based organization. >> why not wait a second stop the time we'll let the people get settled in okay. >> please come in so we can
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continue. >> sorry. >> yes. i want to project the whole time and i'll present thank you very much. >> so overhead projector please so again, i own a small business and your small community-based organization like a grassroots organization helping schools and artists and creative people of san francisco therefore i requested the discretionary review and also board of appeals with a group of lower hate on behalf of the lower hate for
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lower hate against my own landlord and so submitted this one and didn't submit the signatures from 16 out of 17 small business signed the letters and here's the rest of the signatures and letters basically i'll sum up in 3 points number one will be the change of the scope of the project so radically can't be grandfathered based on the 2006 authorization and the transparency from any of the departments from planning department to health department and number that will be the entire process and the procedure was defective with planning department mistakes and broken promises from the health department so this is actually, the older operation was here
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about one square foot i'll compare this with a small daily stall in a corner grocery store to they're actually expanding to quite a bit of operation like mcdonald's taking over a daily credit at a store and expanding to greatly expanding with massive intensification you saw the picture how they're expanding basically from one person operation to 24 people 25 people per day traffic to three hundred traffic and by eliminating the tobacco at the primary business it is intensification the reason i'm talking about the intensification it should be
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manifest injustice and i followed through the process they never put in front of the planning department and not not that i'm aware of me and mcdonald had enough information to put in front the planning department for example, change the location or they knew they're not open so therefore it should have been pulled out they didn't notify me here's in my e-mail one of the transparency as you can see they dated the letter 18 and they mailed it on the 21st i encourage you to ask me this is complicated i'll make it simple to planning department they not only made a mistake not putting conditional use in front of the planning commission but not notify me before doing it and as you can see with the block
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notice their populated to notify me and all of a sudden bryan showed up and a hearing at the health department why before the planning department and we all - at the health department doctor thomas argon promised we talked about ten times provisional permit he corrected it that the provision permit you're seeking for he said, "yes, i approve and then but when they issued- when we were talking about the temporary permit and doctor thomass letter not responding to anyone i told them it was no a temporary permit and they ignored they said they're the same thing so here's the letter i believe they're both the same thing and she went an act
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vacation and a e-mail from stephanie and basically, their looking at the matter they broke the law by issuing a temporary permit and they ignored ignored policy and doesn't acknowledge and after i mentioned that they said oh, i'm sorry i give you the young o wrong information we issued a temporary permit a while ago they should file the permit and promised to meet after the planning commission hearing to decide to give a permit or not and not kept their promise so that was defective and broken and there was no transparency therefore i'm actually appealing and other people will hear other reason why we don't want it any question. >> no, not yet thank you.
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>> mr. con you're finished with our presentation i'm sorry. >> okay. >> okay. then we'll hear from the permit holder. >> good evening members of the board i'm tom of reuben, junius & rose on behalf of the permit holder mike ink doing business as as spark with me eric the executive director and founder of spark that will speak as well mr. pierson will describe the outreach to the community and broad support and steering wheel reputation how it does business before turn to my colleague i'll touch on a couple issues first, the permit was properly in compliance with all applicable law state law and health code
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and the planning code the department of health can speak the permit holder met out the requirements for the issuance and the appellant has not and can't identify any legal grounds for over turning the permitted and second the ncd would be a non-conforming use in 2004 you'll hear a bit about that the original was a good fellow smoke shop approved in 2006, the use was non-conforming one one thousand square foot of a reservation facility not allowed for new ncds the original ncd was not subject to the proximity requirement in 2006 per the terms of a medical cannabis act however, because the ncd it
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located within one thousand feet of a school or recreation facilitated nolo contendere suspension of cannabis vaping and smoking is allowed this is approval in 2006 and spark will be subject to this and all other 2006 conditions of approval there about no changes to the scope of this permit of the operations under this permit planning department affirmed full compliance with the referral from the department of health. >> with that i'll turn to many pearson i'm available to answer any questions thank you. >> good evening, commissioners and commissioner president honda thank you for your time and this conversation there are other interesting debates i'll eric representing spark our organization opened on mission street between 2010 we've provided ourselves as a medical
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cannabis dispensary and understood by such by a regulators and policymakers we work with the city to you permit our cultivation and industrial spaces working alongside health department our organization is the go to for policymakers tasked with understanding the nuances of medical cannabis contemporary i don't live in san francisco i live at market and de bois 6 blocks from lower hate where the dispensary is located i moved to duo de bois park and been in the dispensary since 1999 i'm proud to receive the support from katz kitchen and others residents the next slide shows that contrary to the claim 16 out of 17 businesses that
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oppose us 7 businesses that support us all of those take the time to write and authentic letter of sport some have here when i arrived in san francisco i was a cultivate our of medical cannabis by 2006 our team established a medical cannabis adaptations and been san bruno for 10 years on a biweekly base not missing a delivery all the original members live in the lower hate we visit the hospice at any given time we serve the folks with flowers and working closely to make sure they're safe at no cost to the patient when i was active in the lower hate 3 dispensaries went though the public process and all permitted and substantially operating one closed due to police car in the federal
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government and another as a result of poor operations and the one we're discussing is the only one left in a half-mile radius the process for the appellant has been reserved for bad operators used to close the neighboring dispensaries the heath permit can be denied or appealed should an operator not follow the rules we're one of the best if not the best operator in the city should our decision allow us to operate under be a process the appellant can challenge our operations isn't future i can assure you none complains will happen we're not engaged the lower hate we have and extensively on our own accord sent outs - knocked on
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several doors and held 3 community meetings and 3 additional community meeting with the activist there is the lower hate and merchants association and paid for official mailed notifications to the surrounding blocks despite no requirement and working closely with london breed office and followed their office advise as a result of the outreach over one hundred and 60 unique letters of support from the neighborhood this slide is a graphic california demonstration of all the letters of support we've received in the immediate neighborhood all are one of a kind and authentic this next slide makes us proud winning the support was not easy hover after concessions and a formal mou la hash give us their
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support the employees that showed up up to show support a result of our dedication to our employees our organization has a focus on being progressive employers and positive role noltdz o models for other cannabis businesses and most of our employees live here we have room for criteria and health benefits that surplus the san francisco requirement and dental and vision coverage whether the industries our dedication to the community where our loyalty to our employees we'll strive to be a great company i humbly ask for your support and stand in an effort to not have a whole bunch of speakers if you want, we'll have those in support of project stand please. thank you. i'm available for any questions if you have any
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other i have a question i have a question. >> can you address the concern that it is going to go from one hundred to 3 hundred people being served. >> the space the increase in space is going from what was permitted 4 hundred square feet to 5 hundred we're adding one hundred additional square feet even if it went to three hundred patients a day we serve 4 hundred out of 45 hundred square feet 2200 square feet of retail space one fourth of that retail space in the mission or one, 9 of the square feet i think we'll serve three hundred a day but let's call it 3 hundreds will we're open twenty-four hours and i don't feel that is inappropriate i think the
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afternoon coffee shops are that many people in a day and secondary question is the permit that is allowed now is that there is no vaping or smoking of the cannabis. >> that's correct. >> in the appellants statement in the two weeks been in operation we've experienced quite a bit of smell because of second-hand smoke on the vaping and patio. >> the appellant made three complaints using the space in front of the retail space to sell cannabis the health department made a surprise vital we're not using the same and we're building without a permit the building department recognized and small permit and recognized we're for the building without a permit and the third is an erroneous permit
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we're smoking cannabis on the site the health department found no cannabis or evidence the cannabis smoked and cleared that up. >> thank you thank you. >> we'll hear from the department now. >> of public health now. >> good evening, commissioners my name is ann pierson a deputy city attorney appearing on behalf of the district times this appeal is dpw with a medical cannabis to procreate on hate street in san francisco medical cannabis dispensary permits are regulated by article 33 of the health code when someone seeks to operate an medical cannabis dispensary in one where it has been one important many, many years they need to apply for the
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a permit article 33 dpw needs to undertake the first step they get the operation and refer to 3 sister agencies to bring their expertise in review of the operation the fire department makes sure it is fire save the planning department to marry make sure it is a site whether approved for this type of use and the mayor's office on disability makes sure that is assessable dpw can't award on permit without the application addition article 33 dpw have extensive prima facie case of the mcd and hold a public hearing for stakeholders that want to weigh in you'll hear from inspection that will tell you dpw was extremely thorough in the
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application current ncd permit and come applied with all requirement imposed by article 33 they asked and received the approval and held a public hearing and dpw obtained and got all the required paperwork and concluded they're entitled to an ncd permit we ask you award the permit and deny the appeal as you may know the standard is a no go appeal that means you don't meet to reconstruction contradict the history and what was said at the hearing you don't need to decide whether anothers hearing officer was right or wrong you get do use your independent judgment to look at the evidence to decide where spark is eligible for a permit to that end we've submitted all the paperwork that does have to wade through you can use our independent judgment and look at it and make a
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determination and we're very confidence you burglary come to the same conclude based on the paperwork spark is eligible for a permit to operate a mcd and they've come applied i want to i'm going to turn it over to mr. o bone. >> i'm a health inspector with the medical cannabis dispensary i submitted a declaration but wanted to say a few words my job to review operations for about mcd permits and determine whether it is eligible to do this i refer the applications referrals to other city departments i conduct background checks and investigation for that as well as review other documents required to open up an ncd i referred items to the planning department the fire department
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and the the mayor's office on disability those all contact and no disqualifying crimes and got all the paperwork for the items such that and we had a public hearing as well that was attend by individuals behind us today and the departments approval and paperwork was considered for your consideration as well so the appellant august's one of the things the argument the issuance the temporary provisional permit i made a mistake i used the word wrong my mistake i used the wrong word my first time issuing that i take responsible we recess seconded did temporary permit and issued the final permit they met the
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requirement and got the referrals from other city agencies there was no reason not to issue the permit at this time and an argument over a second meeting at the discretionary and has nothing to do with with the permit but a form for the appellants and the dispensary to work on better communication to work better in the future some arguments not informed of what is going on and basically, not enough communication so that was comboetdz as a forum and with that, i'm available to answer any questions. >> i'll start once you realized you or the department erred when did you contact the appellant to clear that up. >> the appellants so basically after we realized an error we had a letter from the director okay. we used the word
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temporary and sent the temporary and issued the final one they met all the refrigerates and sent that letter to all parties involved to the appellants and spark. >> how long did that process take. >> i'd like to look at the file. >> next question i'm not sure a land use or health department question but in considering this was previously an mcd permit is interest any special or different requirement for the up sizings or intensification of this one compared to the last one. >> i'll defer to scott. >> that's the planning department. >> that's it for any questions. >> it's okay. >> sir yes. >> the two site veefts were there any customers in the
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store. >> the first time to open them up in clients it was just the operators themselves and the second time was stripping i got a complaint of people smoking inside of the facility at the time there was no one actually purchasing anyone it was only employees but none smoking inside no evidence of smoke. >> what time did you go. >> i'll have to look at my report but during normal operating hours in the middle of the day i work 8 to 5 to probably around noonish no signs of ash trace i was thorough in any investigation. >> thank you. >> commissioner president honda the zoning administrator wanted to address the board can we call him up now. >> mr. sanchez.
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>> yes. >> >> thank you scott sanchez planning department. so there's a lot of land use issues i understand this is and the start time is an paraded by the department of health on appeal but a lot of land use issues have been raised the planning commission heard the discretionary review request for building permits for this i want to provide background first proposing two adopt the medical cannabis in 1996 after that no regular regulations they were considered as retail uses until 2005 the medical cannabis act contaminate no state regulations regarding where those can be medical cannabis can be sold a prohibition on consumption within one thousand feet of a school part of medical cannabis act we put in a requirement the medical cannabis dispensary can't be located one one
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thousand feet of the california school a grandfathering that was in existence that allowed them inform legalize in place prohibited on site consumption this established hate street is one of the locations they did seek approval and in 2006 under the grandfathering provision the planning commission held a duly noticed public hearing a 311 the mandatory dr hearing in 2006 they approved the land use establishing the medical cannabis land use at the the subject property it has operated consistently since that time until the use it closed down last year and immediately a new operator so you get to take over that establishment under the planning code it is clarified as a non-conforming use they're
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allowed to continue indefinitely there is no significant break in the operation there is nun in this case and they're allowed to do minor expansion but not quote/unquote significant through the definition interpretation agency expansion of 25 percent of floor area or 5 hundred square feet executor is less and the 25 is less they could expand as they've been proposing to do this is going from approximately 4 hundred plus to 5 hundred tloefd to the medical cannabis use they've sought a building permit to do this was the subject of the discretionary review request heard by the planning commission the planning commission didn't take dr all over the place approve that permit that's now winding its way tattoos brament process however, the spark be applicant was going to go through the
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entire permitting process there the health permit and the building permit, however, when we encountered the dr they revised the health requirement to take over the operation as previously existing so this is work we approved the health referral and public health it is independent of the endearment and that will be a separated building permit because the planning commission didn't approve that at the discretionary review hearing once that is issued had will be appeal able to the board within 1 days but that is kind of the general background so i'm available to answer any questions that you might have. >> a person. >> go ahead. >> the appellant mentioned he's filed a block notification and not contacted was we required to be contacted. >> so the block requirement
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applies to building permit applications sought - and a b b n was provided for the building application no notification otherwise required for the building permit we did provide him with the notification and he filed the dr that's the hearing in august about no requirement for notification of the health referral it is not a permit we approve or issue it is a referral asking for compliance with the planning code requirement certainly i think that would have been advisable for staff knowing mr. con was - but not required. >> not required. >> and he wouldn't have been required to say have a discretionary review because the - he had the ability to file a dr on the application. >> you explained that mr. sanchez i still am concerned
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with the mom and pop usage of the mcd that was permitted in 2006 to the definite expansion and intensification of the usage will that require didn't seem like it requires planning or a new business to me in my mind a challenge there. >> certainly understand the planning code didn't have any measures or metrics for considering that change of ownership to be an intensification we look at the size of the use that's a clear metric we use as a threshold trigger for determining something significant expansion otherwise you know you could have one restaurant as for example, not successful and have you know something that moves in next door that can be very successful. >> my friends would like to hear that. >> not to plug that is the
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same land use category maybe a more. >> efficient - that concern they went from a mom and pop serving coffee to the neighborhood to starbuck's that will pool people to the neighborhood. >> we don't recollect that level of retail use. >> let me see if he got this right with respect to the issue of schools does the planning commission look at that issue again, when it will be a new owner. >> no. >> or is that grandfathered in. >> that's grandfathered in. >> and if someone want to expand use will that trigger that kind of review being - i i get it what you might grandfather if whatever size but once someone wants to expand and possibly go from one hundred to
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three hundred use those numbers why didn't that trigger whether this a goodwin the school zone. >> we look at that if it is impersonate by more than 25 percent - there's one one other mcd is similar situation an existing non-conforming to expand the size and expand it significantly that triggered a conditional use authorization that is a review for the commission to consider that that is a required review for the commission that's right not required in this case but on appeal now the health permit we approved that because they stated they were going to for the time being operate in the same footprint as the previous use there's a separate building permit right now they're not
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louder to have the expansion until the permit is completed yeah. >> not trigger a second look at the zoning issue. >> no i mean - no. >> this dovetails on the present conversation i wanted to privately probably state it again and simplify it seems to me i'm trying to take the mcd issue out of this and make that into a retail issue but i think that if that was another form of retail all the people wouldn't be here it happens to be that mcds are a little bit fun to
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talk about those days but what if it was the same storefront, another retail use was a mom and pop guy went out of business called it a liquor store or pharmacy and the liquor store used to be 50 percent sandwiches and a rack of wine in the back and couple of spirits or the pharmacy had a magazine rack and the pharmacy i thought has the thing in the back but want to reorganize the repositioned it by saying i wasn't making money on the magazine racks i wasn't making money on the food i want to make that more of a spirits
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and wine store is this - what will happen then if an mcd was not involved. >> obviously the health department will be involved but is this not the same thing a repositioning of an existing business after purchased by a new operator. >> one of the things a couple of things unique here is that important mcds they're not explored accessory to other uses by the planning code the planning code is those are two separates uses a retail and cannabis use in terms of moving them within the space as long as not increasing by more than 25 percent that is allotted to be done in the case of a pharmacy one magazine rack and decide it is much better to sell a lot of magazines the pharmacy is a part
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of a larger categorical not a change of use if they want to sell toiletries or magazines depend on what we did for work we'll not need to see the work sheriff or not necessarily seeing a permit for. >> make that really simple and clear for the dummy that's me what is the difference. >> i mean the difference is the concern from the neighbors that there are an intensification of the cannabis use. >> the cannabis use meaning? >> the cannabis dispensary. >> i'm getting caught up on the word use i'm sorry there is no cannabis use because there say you can't smoke it there and ingest it and poppa cookie in our mouth you have to take it
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off premise and use it there whites the difference between sale and use. >> for use an action everything is a use a medical use or a retail use we use the term use to describe any larger categorical of use this is a cannabis use certainly nolo contendere sums it allowed on site and it is prohibited and our staff gets the complaint and found no violation we're not looking mean to us their consuming on site and december p,z&e, finance governance the retail sales. >> what's the difference between going back to - i'm trying trying to make analogs what if
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this is another type of store i use the liquor store on purchase medical cannabis and alcohol are two different things but alcohol is two controversial items as well, not as healthy what's the difference this is what i'm trying to wrap our arms around. >> there is an appeal of a intensification of the medical cannabis dispensary and if there was. >> now you walked into any trap if there was a liquor store which would we be in the liquor store owner decided to reposition his newly purchased store to add more inventory he could make more money that's why we're in the retail business serves a purpose but to make
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money would there be the conflicts of discussion that will occur the implied intensification. >> you have someone censured concerned about the use and something to appeal in this case a combination of two and that's why we're here and many, many cases someone could rearrange all the shelves in the business and not trigger a permit to get appealed maybe they've changed their sign like a sign permit or put up a wall and an interior permit we had an appeal for a gym and it was about the drop ceiling and the concerns about the upstairs of noise a vehicle for an appeal before this body and this is the form of it tonight a health permit appeal.
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>> right. >> so in fact, my analogy this was a liquor store discussion and the operators next door said you know what's happening here is people are pulling the cork and gulgz and walking out the door drunk i'm going to appeal that this is the same thing; right? >> and in any case if it was a liquor store that was making significant changes your appeal will be to the state to the an absence abc and part of that is the so much oversight we regulate the land use and the operator and so what is triggering it now we regulate it to the high-level if your changing operators you need to
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come and get the permit here but if you're changing from general retail use from t-shirts to toiletries no operator permit. >> i'm trying to get the intensification argument what is i'm focused on your helping me process thank you. >> thank you mr. sanchez. >> the original entitlement i haven't seen too much information in the briefs but it ran with the block and parcel number and address no other limitations on it. >> correct so land use regulations the entitlements and authority invested there in run with the land in this case dual authorities the land use regulation that run with the land that's why the 2006 approval by the planning commission of the building permit that established the mcd
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that established the land use and that runs in perpetuity on their compliance to planning code. >> no specific restricts that up to this time. >> there were conditions on the building permit but the proposal that they have doesn't violate those conditions and there is a separate permit that was required even for the previous operator to obtain the public health license they did and now the new public license for the change of ownership this is on appeal to you now. >> thank you thank you. >> and for the public that is standing near the door we need to keep that clear for fire and safety any vacancy next to you raise your hand so anyone standing please have a seat. >> can we can see a show of
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hands of how many people wish to speak. under public comment if you haven't done see if you get fill out a speaker and give to 9 clerk you can fill it out before or after in the preparation of minutes and if you cocoa line up on the far side of the room to speak that would be helpful and whoever wants to speak first come up to the microphone and commissioner president honda indicated each speaker has two minutes because of the number of people in the room to make sure to get through everybody. >> and we have - please hand our speaker cards please don't give them to him now. >> and before you guys start i want to everyone has a right to speak this is not on the benefits of the medical cannabis to the community that is specifically regarding the land
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use and the issuance of permit on why and why not and could the first person step to the mike. >> someone want to speak step to the mike please. thank you. >> you can fill that out after welcome. >> i'll keep mine to two minutes by speaking on behalf of beven duh dear commissioner president honda and commissioner swig and commissioner wilson i reject not to join you, you i appreciate your considering working with spark and for 10 years lived less than two blocks away and found spark to be incredibly community minded and consciousness in and great neighbors the dispensary is beautiful and the staff helps to make the block for themselves with to all medical cannabis it
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is essentially to all neighbors and spark will help to support other businesses in the area the secret to have a considerate owner to be a good neighbor eric and his team have proven their support and i wheeler 415 i'm speaking as well on the neighbor of webster and wall eerie wholeheartedly support the gentleman i've known him for 56 years i'm a former neighbor and when i moved to the city on 7th street and mission that stretch 6 mission was bliektd and the work to make that a more liveable area i wholeheartedly support the location. >> state your name for the
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record. >> i'm christopher vasquez. >> well. >> hi, i'm tony the chief officer from hospice eric pierson 2k5078d over $9,000 and people look forward to it he's a great supporter i'm here on behalf of the michael a resident 3 blocks from there we support eric and spark for their commitment and support to the residents and we serve the poor and the homeless with a aid and he's a xanax man and that's what our mission stated says show compassion to our neighbors in the neighborhood that's what he's done. >> thank you. >> next speaker, please. >> hi there. >> my name is oliver i'm the manager and founded of love hate computers on hate street that is
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next door to what the proposed location of spark aside from our storefront we rent the entire basement blow 743 plus on hate street separated by a thin floor we share the entire wall. >> hold on one second. >> are you related to the appellant. >> related to. >> their business partners. >> yeah. business partners. >> sorry to interrupt. >> no, no it's okay our business requires our employees are focused and a detail oriented we offer a drug free workplace and some of the folks are not touching it and some in - we've offered marijuana be making them feel uncomfortable and scared for their job security spark is a huge
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distraction in the two weeks there was noise and distraction and police yelling and the smell of marijuana presenting employees from focusing i worked hard for working on a block with many crimes and sparks presence will be a step you are backyard i'm tired of my customers telling me any shop smells like marijuana and tired of customers walking exercises to their cars they don't feel it is safe carrying computer and clients questioning your professionalism because we're next to a pot shop aside from the computer business we're involved in communities outreach on a regular basis work with youth organizations and boys and girls clubs teaching underprivileged youth about the
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technology that - sparks presence threatens the development of the youth and the livelihood of myself and and the mental health of the community. >> i have a question how long have but been at our address. >> 6 and a half years. >> there was an mcd there was an mcd next to you. >> but with the intensification that's the reason it matters because it is an mcd none of our employees use drugs or alcohol and proud of that especially. >> same thing not the end of it the question that is a much better run operation than the previous one. >> the other one was very, very low traffic that will be combatant noise we messed up that could be your computer we could lose our data. >> thank you next speaker,
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please. >> welcome. >> hello. >> my name is daniel and i've been a spark client over at the mission street address and i'm here to speak on the - i lost my sight in 2005 and been hiv positive since 1995 when i moved to the city i was using marijuana on a recreational basis and someone that i knew got involved with spark named robert jacob and put on a compassionate and care program ever since then i've been to the location 0 on mission district and on hate street and i don't feel safe outside by myself on hate street but ever since spark
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opened up i feel comfortable walking in 3 area he live right now on golden gate it is not that far to travel and i do get some of the compassionate care program they're good with outreach with deliveries and helping people like myself with limited mobility and the safety concerns is that church street i used to live is drug central lower hate has not on, on issue i don't understand why everyone it freaking out with a liquor store what i don't understand why everybody is freaking out like a medical cannabis dispensary did that mean my time is up. >> 30 seconds, sir. >> i don't agree i think that is more a helpful thing to
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people like myself like i said i don't want to go outside by myself nobody it marcus books on site i'm blind i smell that is it is a bunch of bs especially i don't feel more saferer than the 1 on hate street so thank you. >> thank you. >> next speaker, please. >> welcome. >> my name is marvin vin flolz i - i live half a a way from the smoke half a block i live there since 28 never smoke never drink the one point i against the smoke shop because i work less than 10 feet from the smoke shop all day i smell
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that i don't like it i'm not against it but i'm against the neighborhood is safe now it is more safe man before because before it was another smoke shop in the same place we don't want the same experience like before that's why i come here. >> thank you. >> next speaker, please. >> and welcome. >> i have a visible. >> put it on the overhead we'll announce it. >> overhead please thank you. >> our voices have 3407 not been heard i'm the wife of my -
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they're a powerful organization we're a severely small group of merchant and neighbors have been deceived and railroaded this time and also feel like your minds are already made up coming in here the health department coming in and they've told you what we feel like the are terminology is important dr argon said issuing a permit multiple times never a temporary permit your group left a meeting with him feeling last week okay. we've got a provisional permit and a follow-up meeting but the permit was supposed to be provisional and then suddenly they were issued a final permit and there was no follow-up mooefrg our community was not allowed a voice and another thing that bother me the health department often their mcd circulation it says nonprofit for mcd they're
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not a nonprofit they call themselves a in time i worked for a nonprofit and know how hard it is to get nonprofit status it shows non-compliance been the part of health department we're told to cease the operation this picture shows you while a provisional permit they had their doors wide open and a child wonder in and the police had to be called so they have a provisional permit the police were called a child wondered if a citizenry not great. thank you very much. >> would you care to state your name for the record. >> my name is suzy kindle. >> next speaker, please. >> i'm johnny i work a lot of
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it computer i have a couple of concerns 8 dispensaries within walking distance i found out this morning and an abundance of we'd smoking outside and this site bother me in a neighborhood to create a professional environment where people want to come and work it didn't help and investigating spark here in the neighborhood there is a bunch of marijuana consumed outside not much to stop people from walking outside it is not much they can do other than having a security person that creates a intense environment around the place the instance that lady showed took an hour to resolve it didn't help it is like if this going to happen again, there's a certain - is this going d to happen
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again and if they have increased security to prevent those things from happening and have marijuana outside this will be a dense environment thank you very much. >> next speaker, please. >> welcome. >> good evening my name is teresa ramming ersz i've been a volunteer for the community center for the last year this is mr. consigns he opened his door a pillar for the lower hatred love hate computers is a one of a kind technology shop that helped people half the costs of other retails it not cheap in the city so every dollar counts for the consumer and if you said
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your cold he'll give you the shirt off his back i'm asking you to deny the permit on hate street mr. con in the lower hate consumers has been working with the boys and girls clubs to help set up extension someone he was - mr. con and staff putting time money and energy into remodeling the serve pups u up and coming the volume of spark not like good fellow smoke shop it was about 20 people he felt happy to see about the children it is not is good idea and not a good fit mr. con of giving back has no skwoovpz bike the boys and girls clubs that not to say in they're right mind to send
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kids to a after-school program with a marijuana shop this is why i ask you to deny the rehab centers and there are 3 schools within one thousand square foot and grandfathered clause didn't make it okay. thank you. >> next person please. good evening and welcome. >> good evening my name is mira i'm a residence of san francisco a patient at spark and a former commissioner on san francisco marijuana offense oversight committee i'm here to speaking speech in support of spark they've done everything legally to get a permit and operate and frankly i'm surprised there is so much opposition to them they're one
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of the most professionally run medical cannabis dispensary that i've ever been to all their employees know a lot about medical usage they cut their medication and know the cannabis and know what can help you and what canned and with the probability passage of propose 64 coming up and the city ncomi looking at - was denied a permit while future recreational places will be able to open thank you. >> next speaker, please. >> good evening ladies and
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gentlemen, of the board i'm matthew brornd i'm a full-time employee at the love hate computers handle purchases and refurnishing and minor repair i've worked at love hate computer for 3 months and concerned about the businesses that relate to our job security in the short time on a daily basis cannabis vapized and cars parked outside and bus stops and fillmore and hate street and directly outside of our storefront with the smoking is the smell at times the smell it fills the entire store where we do repairs there are times when best professionals mothers and fathers and newborns and toddlers and young families have been in the shop those effects
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have negative effects to welcome our customers we have even received comments and acquisitions whether or not our shop is doing this it will on dense if i and encouraged if they're allowed to open if smacker is allowed to operate next door it will tavern our image and could put us out of business not only for the friendly businesses and recreation centers and rehab centers and programs in the neighborhood thank you. >> thank you. >> next speaker, please. >> good evening members of the board i'm michael i'm here to read a letter of support for spark if supervisor peskin dear commissioner president honda and members i'm writing with regard to my captioners of the respondent of the own and
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operate eric i personally know him took 240r8 commented to the industry standard and to advance in the medical cannabis dispensary to benefit all san franciscans as own and operate of spark a medical cannabis dispensary and national organization mr. pierson has lent his expenditures to the city and county of san francisco for the past decade for the advertising and medical cannabis and the medical cannabis dispensary working group and a task force member his professionalism have enriched the city and the cultivate insurance has served for officials across the country for over a decade sparks compassionate has served patients in nursing homes and hospice and bedridden patient for the for going reasons he
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supports his a blaefrz sincerely aaron peskin and in addition i have letters of support if supervisor campos, supervisor avalos and fiona most i'd like to submit into the record. >> you know that was in our pamphlet already. >> i did not know that. >> next speaker, please. >> hi, my name is terry and i've been using cannabis for 4 seven years way before i realized the medical benefits now i'm 70 years and on social security i can't afford to purchase if it wasn't for spark and eric pierson giving me xhavgsly a quarter once of marijuana every month i wouldn't have the medication for pain and other things and also that dispensary
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is very professionally run and very knowledgeable and have security out front i don't see any reason why you shouldn't approve their opening in lower hate thank you. >> thank you. >> next speaker, please. >> good evening, commissioners i'm wayne i've been a medical cannabis parish or patient for over 25 years and associated with medical cannabis dispensary since 1994 we have an opportunity to support spark as outstanding dispensary that any city in our city or our state would ever want the leadership of eric pierson and they say management team and
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the outstanding staff that he has at it's dispensary on mission street and the dispensary an hate street is topnotch and as a patient i feel very, very comfortable going into boss of those facilities i'm dismade when i hear business owners say they might be taken out of - in all of the years i've been associated with medical cannabis dispensary in the city and in other cities i've been associated with never once has there been a business put out of business because of a medical cannabis dispensary we fortunate this evening to have an outstanding
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organization represented by that obviously man and his staff this to me is for gone conclude we must have dispensaries and operators like eric and spark in our community our city should not fear medical cannabis dispensaries i'm 72 years old i need cannabis i'm 28 hiv how have positive i need cannabis this will provide cannabis for me and other patients and security that neighborhood needs and desires and the patient will have please support those are wonderful people thank you very much. >> next speaker, please. >> hello my name is robert i'm here to reader a letter on behalf of the lower hatred
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merchant association dear commissioner president honda the lower hate association is in full support of spark mcd application while on the request of the conditional approval to address the neighborhood concerns on safety and security spark have excused a memorandum of understanding with the excused mou they have assurance that spark will prioritize and respond to neighborhood concerns we ask you to approve this serial number michael and others thank you. >> thank you. >> next speaker, please. >> i'm a resident of lower hate when moved out to the bayview you've not catch me walking between 9 and 10 that was a scarey thought now they
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have bounceers and i can walk down unmolested this is rather nice for 2 weeks walk down my neighborhood without the patrons calling out unsavoryy comments the - i would like to address the fact as a patient i would like to have are the dignity and respect to speak with any caregivers in person spark has very educated staff that works with the community and a large number of ways through mile-an-hour interactions with sparking see people that are hiv positive and some people that are homeless everybody was greatly bringing from the
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expertise that spark has to oh, i think ultimately what it comes down to say safety and education and spark is there to work with safety and education for the neighborhoods for the patient everybody and that's really someone we want to have in that neighborhood thank you very much. >> thank you. >> next speaker, please. >> hi my name is ryan king a proud business owner in san francisco i work on the noriega upper hate and the association as well i'd like to point out a few things as posing a community leader one carries out his own selfishly people he - people needed the space he wants it for his rent that's the first time i
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heard of organizing a children's class for computers i would like you to check into that and point out they want to act like go marijuana has been there asking years this place smelled like marijuana for 10 years and not bringing anything new instead of making it safer 4 years about when the vapor room closed it had gang violence that will make our community safer other one time we had 3 clubs i believe 8 thousand patients in our neighborhood that need this basically, they should be let open our neighborhood needs traffic even restaurant changes over 3 anyone wish to comment on item number o months and need
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this place for vibrant to turn into spending money on proper things for our neighborhoods $1,500 for the beautification of the street we definitely need and keeping more save with bouncers and cameras and sort of i'd like to see this pass thank you. >> thank you. >> next speaker, please. >> good evening my name is andrea a contributor to the american biography you're not familiar by the universities and a spark patient for years i want to echo what someone would earlier about the prohibition i feel as though people in the room that have
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seen read for madness i don't understand the big deal i would be upset if a barry opened in my naeshd scientific studies on medical marijuana have been suppressed theories of marijuana is debunked not addictive and can't overdose carl sagging on said it enhanced his creativity and insight no medical cannabis prohibition i believe in rational basis for leaving - i get any medication under sparks mission and a street center a neighborly in trouble on the street will erupt that will where that will happen but not disrupted the peace inside or outside of that location less
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likely to be a problem on hate street i ask you please to base your decision on facts and not on junk science and urge you to permit spark to reopen on hate street in good reason not to do so a lot of won't get our stuff at low cost if not for spark and everything they do. >> thank you very much. next speaker. >> my name is paul i live in the neighborhoods and i've lived in san francisco more than half my life near a nature as being
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nature native as some of the people that spoke one person spoke about the professionalism of the spark organization i'm sure is true second is the person that spoke for the various voters that happen to be power brokers aaron peskin and other supervisors the third is the person who spoke against you know relief for madness and the fourth the person that poke for the hate street business organization i'd like to say that i'm speaking for more people than you could count on you know in. >> couple of hundred people but like they're not here i'm here i'm against this and as various people said there are various dispensaries including a
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block away no way this to should be in hate and legal places to get the legal needs of people that need and get benefit from marijuana elsewhere the only reason for this place here is a business opportunity and i will just is that like we all know what pay to play i'm not suggesting pay to play but business is business if it costs amount of money for people to have a few free describe that will happen that is a great town the lower hate especially with the schools nearby and especially with the churches and the ordinary people need this i'll urge i feel you've land sliced the other way i'll urge you to vote against it. >> thank you, thank you.
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>> next speaker, please. >> thank you. >> good evening ladies and gentlemen, i'm brenda i'm keenly aware the board called this meeting to discuss the benefit of marijuana cb d or whether or not available to the population at large i have been a resident of san francisco since 26 of july 1979, 3 seven years of watching the lower hate struggles and criminal activities ace survival and evolution thanks to the per certificate folks the lower hate
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to a welcoming evolution making that more enticing to apron news the local businesses i seriously ask how spark known to be the budget committee most of parks to ride on the coattail of a small head shop with a small mom and pop balk of his counter i call upon your dedicated and our accountability to question the impact on the neighborhoods that is known to be fragile throughout the years keeping itself afloat a clear and aggressive exploitation of the large ruling that it pats itself where mcd what open the doors safely for people it appears to
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be greed rather than benefiting the neighborhood and struggling to keep up. >> i'm calling on our awareness of what has been happening in the continuous rise of crime in the outer lying areas the dispensaries including spark. >> your time is up. >> spark is incentive sensitivity to the neighborhood - there are plenty of dispensaries as this goad map your time is up. >> >> next speaker, please.
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>> i want to refer to the overhead. >> overhead please. welcome. >> good evening my name is bryan brooks i was at a may 18 hearing. >> i'm sorry can you raise the microphone. >> i was at the may 18 where doctor or gone said because of the community was not informed about sparks coming into the neighborhoods that we were having another meeting and talk about this and bring the community together nobody in the community knew about sparks permit they claim they've sent out notices and went doobd that didn't happen i'd like to see them prove that there was a lot of heated discussion and again,
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i want to focus not about mcd and not about access to medical cannabis this is about the health department and the procedures procedure that was not followed a couple of things spark an actual 5 hundred feet from the nearest elementary school john mri there are 3 within john anywhere within 5 hundred feet within one thousand and the all school with an one thousand and 3 daycare centers and this is a loophole this is existed it is clear the gentleman said a pay to play city i really, really urge you to look at what people are saying and review our packets where information was sent in there were deals made by alhambra and documented and should be in your packet and
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money to be paid for spark for a letter of support that listed that was in secretly in london breeds office i urge you to look at carefully in the packet and focus on. >> thank you, sir, your time is up. >> next speaker, please. >> hi good evening my name is josh i grew up in humboldt county and moved to this neighborhood in the 4 and acting as a real estate developer in the business since 99 this is the first time inch of i've spoken against a medical cannabis but i've seen this neighborhood through a number of transitioned in the 7 when 215 was passed i don't think if this afs fresh dispensary being
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located you'll approve that and seen the impact in the neighborhood i'm happy that it is close and hasn't been a dispensary i'll never want another alcohol store or another medical cannabis in the neighborhood i have two sons there and hope that you look at this and ask yourselves the question if this was a new application would you approve that thank you. >> thank you. >> next speaker, please. >> hi, my name is matt i own glass key photo across the street i'm not here to talk about spark i went to a meeting at the department of health and told in no uncertain terms in a physical permit issued and we would come back and speak as a communities about issues there is a lot of issues going on here
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in reason to talk about that here we were supposed to do it at the deducting there is a strange thing going on someone in a public merging in front of quite a few of the people said over and over i put it in something i submit he stated multiple times there is what we'll do we'll be back here i promise you it didn't happen not the right to speak the community has a a lot to say there are a lot of issues and the people deserve a voice not fair to have a decision that was made 10 years ago george bush was wanting a good or bad decision not in perpetuity because of a weird land use people need to speak and decide for it but urgent communities differs to come to speak for or against so
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all the legal talk that got us here a person said we'll do a not tare if a take away the voice of people none of us are above anyone else we deserve a voice thank you. >> thank you. >> next speaker, please. >> i'm a 18 scientist at the san francisco state university i'm here to talk about the health of the community has severely dropped since the spark issue came up our community a 4 hundred block is one of the poorest blocks one of the last black neighborhoods in san francisco i know there is a lot to talk about due to bodyguards
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and the surveillance cameras a preserved effect that effects people civic i'm speaking about the fact that that black community in the neighborhood doesn't feel safe it is already clear to me also that part of the reason spark can move into the neighborhood we o we can't afford lawyers and community organizers can't come and fight a corporation last week this we tired community split as you see from those meetings it is going on for a long time and urge you to consider helping us fight this thank you. >> thank you. >> next speaker, please. >> please step up. >> my name is more and more
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martinez i'm a spark would be potentially closest neighborhood and lived there since 2004 with my wife and go small children and i'm going to say i'm pro cannabis in general medical or otherwise but i think a lot of the people that live on the 4 hundred block know this is not positive for the block and it is a gross distortion of loophole going from you know one or two employees to 25 open from 8 to 10:00 p.m. and you know, i witnessed and testified in double murders on my block and i think the thing you'll find people live on the 4 hundred block know this is not good for
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the neighborhood not a good fit i could ramp ongoing but i'm the closet neighbor and nobody has come over and talked with me, i'm immediately next door we share a backyard and will keep it shorting and simple. >> got a question. >> what were the previous hours the establishment prior. >> i believe 10:00 a.m. and so moved, commissioners, that motion passes it switched over the years different times seems like 9 o'clock or 10 o'clock but extremely different a head shop with a small you know pot yeah. yeah. >> thank you that's okay have a nice evening >> next speaker, please. >> any more speakers? >> hi, i'm emily a customer
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and friend of the love hate computers it seems like we're spending a lot of time discussing the convenience of marijuana and the question is really the future of the shop and the block; right? this shop repairs any computers and cnn use this shop in baker the news of celebrities and they have a reputation and this is what they found love hate so i met him i was employment and my computer blacked out i was working for a nonprofit and he started to ask me about nonprofits around the world that helped children i said dude where's my computer he said you take this computer and take it home to pay me tell me
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where i can send help to kids around the world that's how the friendship happened and now certain legal or zoning or land use i don't understand but i know i volunteered for months at a nonprofit on howard street and hating walking nine out of ten of the building because the legal customers holding up traffic and blaring music on 5 and howard and cars stalling and smoking their legal high they have bouncers provide there are no real apple shops on hate street right now does hate street needs another marijuana store. >> thank you. next speaker. >> hello ladies and gentlemen,
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first please forgive me for my attire my name is jamie i'm a resident of san francisco i'm almost a small business owner i have a small shop on sacramento street in the presidio heights and my son is in the audience and come here today to ask you to please not allow this shop to open would you allow a shop like this to open in pacific heights how about presidio heats why not the lower hate that is filled with places like this my oldest child were doesn't have enough money to send her to preschool in san francisco it is very expensive to the city of san francisco allowed us to attend a fantastic preschool but it was in the
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tenderloin great school but had to walk over dispensary over dispensary he had to distract my child non-complaint against medical cannabis but don't need another dispensary we should be lifting up the neighborhoods i hope you hear what we have to say thank you. >> any other speaker okay. >> no. >> no. >> hi, my name is cashing i can't i'm not against marijuana but i'm against opening the shoplift at the specific location one one mile 8 marijuana where the dispensaries where on church and market a big one and literally 3rd blocks away not a need to constrain so
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many dispensaries to close to one neighborhood there is not a coffee shop so if someone is unable to go to one they can order and get assistance from the staff i don't know much about spark i see they have a big following that's great they're probably a good company at the i don't know o wrong location the 4 hundred block is not the safety block a neighborhood that is authorizing i'll say and not see a reason why that specific shop helps when there is lots of violence happening and not a neighborhood that you'd like walking late night yeah. i don't think marijuana will help with providing more safety thank you >> any more speakers. >> okay. seeing none do you
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want to speak please step forward and housing i'm rich i've been living in the lower hate and a veteran of the united states air force and capture of issues when i was discharged i served 6 years horribly and the first solution they give me take those pills they modesty cause you to kill yourselves but maybe make you feel better i took one and almost can remember nuts i refused to take any more man made pills from that time vapor room was the are first medical cannabis they get rid of the vap room company and said that was in violation of the code they won of the things you look at this issue demonizing from
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cocaine a lot more medical realms in the recreational room might have eyed to the benefits and recreational room while known about spark for probably 6 months i think that is necessary we have says a block or two blocks instead of getting on a bus 20 minutes to and from and not getting in the way of schools and those can i see in an environment their parents choose to save for them if they didn't think that was save why move to the lower hate that was that beg of an issue medical cannabis in san francisco of all places with with that said, i support spark
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and look at the bigger picture the medical services for veterans and people we have as and many medical conditions we need to move on on and not be divided all right. >> any other public comment. >> quiet quiet. >> seeing none, then we'll move back to the hearing of rebuttal starting with the appellant yes 3 minutes. >> okay one thing we agree that none of us are against. >> please address the board, sir. >> none of us are against the marijuana all of us are against this particular location and so just wanted to say one thing about ryan that mentioned he wanted to rent it auto steve offered me 3 thousand in 2013 and 4 thousand in 2014 but ended up kicking outer the previous dispensary and didn't want a marijuana and sold he's business
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for 12 thousand rents you know that because they came asking for me that shocked me and december it took spark 4 months to go through to figure out how they can grow a wide conditional use authorization with the planning commission it took them 4 months and only two or three months to go though the department and everything that should tell you something and let me see as you can see spark is putting all the marijuana against us as a tech company we're a small grassroots organization not about - again not about marijuana and for the people it be legal a lot of people. >> address the board, sir. >> i'm sorry i'm sorry and again to address sincerely your question about the deli or
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the legal part look at this one last week restaurants has a beer and wine license in the back once steve sold the best they realized they can't transfer the tobacco what they did they actually 415 like a restaurant once they stop selling food just a beer and wine license it is a par but marijuana only the city permits in 2006 when the good fellow was authorization they said okay. we'll - an e-mail trail and said nothing like that we'll give you a small counter to sell marijuana they combined the two and flipped the entire business and taking the small grocery stores by interning it like into a mcdonald without the
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conditional use authorization so that mistake is the planning department can't be fixed if i bring the planning building permit that will be - you can only turn down the building permit but itself conditional use authorization that they actually approve it without letting me know and actually, the assistant director told me in the he - the city shall have notified me nobody economy about that the arena we're all here the entire process and procedure was defective the rules westbound bent in their favor. >> any questions. >> so what happens 3 out of 10 people shut people down they said you'll your problems will be addressed after the hearing. >> thank you. i have a question. >> yes. >> you were told who were you told the b b n would be referred
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to 9 mcd. >> soliciti elizabeth h immed. >> what did she explain the b b n would do for you. >> the block of notice they would let me know any changes in the permitting process and he did have can you put up overhead projector. >> it is on, sir. >> right here and - so right here. >> as you can see there is two b b n and the yellow portion
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you make that bigger. >> that's fine we see that. >> clearly mcd and says clearly any other vaushgs but once i filed a b b n and she sent me b b n for building permit dated 18 but mailed on the 21st and that was friday so i didn't get it until. >> can you put that back to the previous one from the planning department regarding with b b n is please. okay - >> conditional use and variance clearly says that mcd and dr she didn't notify me and approved sent it and i don't know that and bryan says and hearing and, sir okay. thank you very much.
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>> how much are you being paid. >> no questions from the audience. >> thank you. >> i'm losing going against my landlord. >> mr. con you're finished we'll talk with the permit rebuttal 3 minutes. >> thank you commissioners i'm motion will speak to a few questions many of you asked do health department as far as notification there was a block notice the appellant did get notice of the - in fact, not a mandatory discretionary review requested by the appellant we went to the planning commission on the expansion issue and the remodel we had a 6 to zero vote in favor of the project move forward and as far as as far as the health department notification not a notice from the health
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department that gets mailed a requirement that the hearing be posted on the door and douglas the inspector came out and foisted and documented documentation of the notice posted i think 15 business days great browns health department and the appellant had an opportunity this is the third hearing that we've had on the matter and probably see you again are for the brament i presume so the process is certainly has been respected as far as the use design phil ginsberg we're adding one hundred square feet eliminating tobacco and crack pipes and pornography one of the heads shops - we feel the use is a
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positive use and much better operator than the previous operators that was in there commissioner swig i asked about is there a difference is this another retailer this is a switch in a different retail use we're not here today but we're here because of an mcd a lot more scrutiny and the city administrative is indulging involved and the planning commission involved an mcd a lot more scrutiny and more hoops. >> we have an mou with the real neighborhood organization lover safer hate was established and we have cameras and asked by the police department twice for our cameras unrelated too active
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at the dispensary and building those cameras in the presence of security will be a benefit to the neighborhood there is no evidence through all the the colorado or washington that dispensaries create crime the operators of any business creates bad situation and good operators like mcd a lot of sxrut i didn't improve the block when it comes to crime thank you for your time i'll be happy to answer any questions you may have. >> can you explain someone from the public showed a picture of police action at our property. >> i can a child about three or four years old literally went into the door while the door was opened our security approached the child we have the video not here about but the security approached the child and stood a big guy and held the kid so he couldn't come into the
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dispensary and walked into the retail use the dispensary he didn't walk into the dispensary and the mother was crazy and yelling and screaming and she said that the child was autistic and wanted to file a police reporting the district attorney reviewed it and said that was ridiculous and take care of the incident it was a random incident we may have been set up. >> that answered the question. >> the next question that on that lives directly next door no outreach. >> yeah. maybe this gentleman. >> please speak to the panel. >> i don't know this gentleman i've had staff that do most of outreach i've not seen him before he's not to the left of right maybe in the backyard. >> please quiet in the back.
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>> i don't know who he is or where he is from. >> i have a question not sure how to ask. >> you've opened up dispensaries before; right? >> one. >> one. >> and one they know that is clear for me tonight that the community seems to be split not unusual for this subject but people with immense concerns and feeling. >> uh-huh. >> did you experience that at your first location and the second part of my question did it change as you as the community got to know you better. >> at the first location we had may be one letter was sent in opposition he actually been shocked at the opposition don't believe that there is 3 men here tonight that all signed i think the complaint or the
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reason we're here and a large number of people are friends with those 3 individuals eave approached andy and i are approached bryan and matt without getting into details matt have ultimateer i've been told to f off no conversation about security, double parking, and intensification that is not the issue everything is thrown on the wall to see what sticks the reality get out of my face i don't want you to the neighborhood and shocking to me that everybody here in opposition of the prestige saying i like cannabis i don't know where it can come from but not falling outburst of the sky. >> quiet quiet please.
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>> cannot be those 3 people responsible for all the opposition. >> let me finish my question. >> some of the concerns are heartfelt and legitimate to me does that cause you concern your neighbors are not happy. >> yes. i can give you an example of someone that i spoke to an day one is a resident of lower hate and she's a member of the alhambra and the first person she was livid how did i found and fiona shut down the block and i don't know, you but let's sit down and have coffee we went win over
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fiona she's active a lot of folks are not here there were skeptical cancel 6 community meetings and did a lot of work to win over the neighborhood. >> i have a question references to a number of mcds in the area. >> uh-huh. >> that's right the case what - why would you want to go in there and yet have another alternative. >> not a number in the area depends on what you call the area church and market has an mcd four or five blocks away that's the closest so if you look at denver, colorado denver, colorado a city with one million people 200 and 40 mcds 200 and 40 we only have 28 or 29 in san
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francisco that's just a little comparison to another city i think you know the department of justice put out a right 15 percent of san franciscans consume cannabis once a month 15 percent i understand a lot of folks do cannabis is a real thing in san francisco. >> thank you thank you can we have a one minute please. we'll take a one minute break hold on please. we're on the mikes are on we're resuming the tuesday, october 18, 2016, meeting and on rebuttal and . >> actually.
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>> okay question for the permit holder okay. >> (inaudible). >> on easy and anger has to do with with the expansion of space that you want as opposed if you were content to keep in the same footprint would with make a difference. >> inform. >> thank you now we'll we'll hear from the department now.>> >> one quick final remark a lot of discussion tonight of the intensification or is expansion proposed and i appreciate that is a real concern for the neighbors but a concern innovate raised and heard before the planning commission in the context of sparks operation
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that's the appropriate forum 2, 3, 4 of to raise it not an issue that is factored into the dpw decision one mcd permit and one permit that is for an mcd of my size all dwp is charged with looking at whether or not the approvals from the other agency and the whether the applicant meets the criteria and the permit is good whether the mcd sells one plant or 3 or 8 the decision whether or not the - it is considered and maybe a decision it comes before you on another day and have a serious question is that. >> are you finished. >> i am sorry. >> so allow the public here it is upset a what their scomplain about that the system is broken
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they've been shortchanged to me it concerns me someone from our officer who is dr. argon. >> health office and used to serve as has the same force and effect at 6:30 i'll be grantii't approve the final one until a hearing on the specifics and doctor over and over gone says we need to give everyone an opportunity this goes on the public is getting their information from a city department and so what happened been this hearing and the second
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meeting that never happened. >> well, i was not asked that i can't speak to what happened or an accurate reflection of what was said. >> if you have a record. >> an official transcript is not made unless a need but a tape recording of the hearing i mean what is tricky about the argument there is a deems of a eligibility for a provisional permit they have the assurance they need to move forward with building permits to finish up the space for but applicants proposing to operate a dispensary in a building that is permitted no distinction i understand a representative from a city agency and department that met with the public with with concerns they were promised
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that is only a provisional and not a final permit we'll come back a promise you. >> i don't know why he said that i presume he did if it is represented i don't know why but i'll say and soon after the department had absolutely all the information they need to make a decision about sparks bloith and in our court to look at the evidence regardless of bumps in the road i'm sure that dwp is sorry if there were errors. >> that's a huge bum. >> based on the evidence before you whether or not spark is eligible for the permit. >> okay. i have a question
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the permit is one page. >> no good neighbor policy. >> the permits for dpw dpw there are conditions of operation that are part of planning i don't know if you want to speak to that but dpw. >> planning yes. >> there are conditions including the prohibition on cannabis use within that but no conditions on a dpw permit. >> thank you. >> do you have further questions for mr. sanchez. >> he's are you - did you want to present something mr. sanchez. >> scott sanchez planning department. just to say there are operational situations in the health code that govern the use with the hours of operation and 0 so there are thing that are for the actual law not separate from the conditions of approval just to clarify that. >> i'm trying to remember you
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know the at some point in one of the cases we heard there have technical conditions relating to mechanical filtration systems do you recall. >> as part of the stock exchange as a part of building permit. >> as probably the health code and maybe the gentleman can speak to the requirements the public health department staff for enforcing those. >> other questions. >> i have a question for the gentleman so your department does not provide any conditions
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on your permits yes or no. >> yes or no basically yes and basically no equip for the situation there are dlooifrp only dispensaries we have stipulations on those permits that says no open storefront delivery only this is not one of the situations. >> right i'm trying to recall what particular case there was a case for a dispensary that was a condition related to mechanical air filtration to eliminate the smells. >> i couldn't speak on that i wasn't here owe start with that program in february so he was - that was my predecessor that delta dealt with that one there
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was an issue with the paraded and came to an agreement they needed more carbon filters but i can't speak on >> was that required by building. >> typically building will look at that if someone asked me for it the filters i would refer. >> where are present with the hearing with doctor argon and you recall the situation. >> a lot of stuff said at the hearing also have a provisional permits called at the end i don't recall any promise will be another hearing i don't hear that but the final permit they're saying another hearing we skemthd that hearing september 17th wednesday of september because there was called called to the board of
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appeals we decided to cancel that hearing no reason until after this. >> were the issues the same brought up at that merging. >> yes. basically there were people that were upset again the facility go on going in and the safety of the neighborhood from the people some of the people spoke in the health department meeting. >> i have one more question for the zoning administrator. >> several people of the public have said that there is clustering or muddled marijuana clients within our mcd one a confined area can you give me a more accurate situation is there clustering ♪ location >> in my opinion no the planning code didn't generally limit clustering of mcds as one of the recommendations we
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put forward to the board of supervisors to look at been a couple of years now in terms of how to improve the regulations on ocean avenue that was identified as an area of concern for clustering an amendment with required conditional use authorization if they're in certain feet in terms of this corridor one .4 mcds there were 2 further west on hate street and one i believe across the street that is had been closed because of enforcement now this is the only one remaining in the corridor my name is. >> last question mr. sanchez is that given that there are a potential for recreational use here in california and can we're seeing more everyone established mcds or corporations is a race for recreational use if it
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passes with the recreational use partially pertain to this in the future are those operations need conditional use authorization or grandfathered. the sale of recreation >> we don't know i assume we should think about that now; right? >> we have them the city that is convened a working group my understanding at least until january 2018 for the regulations if it passes but at this point no regulations have been put forward or debated an. >> 2018. >> my understanding that should the law pass that we have until i thought that was january 2018 was a staff person told me that last week to implement local regulars. >> you're saying you should retire before that and get any $50. >> question don't know if
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those appeals will not come to the board. >> thank you for clarifying and response to commissioner president honda about the ventilation there is a provision in the planning code if there is con subsections needs adequate ventilation and if there is onsite consumption otherwise no regulation related to ventilation. >> thank you. >> thank you. >> commissioners. >> we're done commissioners, the matter is submitted. >> may i ask a question for the da. >> throw him into the fire. >> i was reminded thankfully by with only of the last participants that we should stay focused this is about a permit not a building permits this is strictly a permit for the
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hunting which is i'm sure we'll see everybody back here again when the building permit is applied for that's my clairvoyance but in the - is this something with our direction a question that the health department mislead the public by doctor argon one-half not heard a tape or seen the transcript excuse me. i can't hear you and don't want to please that is my done thank you. >> we've heard inform additional transcript we certainly have not heard a tape so everything is hearsay but if doctor argon said this in this case being - should we be paying attention to that anyway
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other than that the fact he said that that was bad forum and kept his promise or should we be focusing strictly on is it appropriate for this permit to be issued according to the what are you by the health department and. >> i think the medical cannabis actuaries a hearing at the dpw and that hearing happened and it is unfortunate that doctor argon made the assurances in terms of complying with the code. >> the need to upholding the law the need was fulfilled but having the meeting. >> yes. the hearing happened. >> so i think that is
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important that there a lot of dialogue about intensification about sizings, about what physically will happen in that store and illness this hearing is the appropriate place for us to be considering that today because i would anticipate that is something that the planning department will discuss when their evaluating a permit to build out the space is the right thing or whether that intensification should have a build out so that's - i don't want to get sidetracked and like to hear from the commissions on that issue whether or not the
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law way upheld with the questionable behavior and promised by someone in the 49ers didn't happen the law was considered that was upheld and the permit was orchard according to the law the permit as a mcd not the permit to build out. >> would you, your conclude be different if people were told they'll be another hearing okay. i have an opportunity and not an opportunity the letter of the law and the spirit of law and he did quality of the law not just sort of cut and dry you know what is on that printed paper. >> my argument is that first
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of all, we haven't gun concludely. >> the rent said a second hearing and said there will be another hearing. >> and (laughter) still it was cancelled and here's the argument i've had for the last 4 minutes and hearing the testimony that is a business practitioner fold the law went through the steps, obviously skilled in what he practices because he has another successful business and because with all due respect i'm going to call the person a bureaucrat makes a false promise should we not enable that business practitioner that fold all the rules and lived up to the spirit
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of law penalize him, i thinks exactly what commissioner wilson is saying that's the argument i agree. >> can i ask a question of the deputy city attorney mr. pierson if you don't mind. >> how do you go from a provisional permit to a permits or final permit. >> the only thing an applicant needs to do is show a certificate of occupancy the building site is read for applicants to begin operation on a building that is ready it is turnkey no difference between a provision aal and final permit that decision is of importance when you're talking about a site that requires construction or
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significant renovations and at this time he get the provisional permit that gives me the assurance you'll be able to make the investment in the construction ramps and after that you'll take our certificate of occupancy give it to dpw and for cases like this did building has been approved and ready to do a provisional moves into a final permit and the lag time how much work to be done and to the best of your knowledge incidents where a permanent permit was not initialed and someone completed the work and walks away from that. >> i don't know. >> so if i could weigh in with some of the commissioners will have been talking about
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we have historically looked at issues of due process and whether it was appropriate and formed the basis of an action done due to that thought here the question also is not necessarily what the result of further due process would have been the question whether that was provided or not the interesting thing about the procedures that occurred here is i don't want to namely other departments but there are a number of departments who have not demonstrated the ability to handle conditional use uses very well and or have a process for being able to do that and this
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particular case has a seems to reflect the lack of a process that deals with conditional use issues and contentious issues not that the result will be any different. >> i agree with commissioner fung and my concern is that what he stated is i think the result would have about on the same but if members of the public are promised by a department whether a bureaucrat or not i think that is an obligation to fulfill that and again dough on the end result will be the same i do but at which point you you know the board of appeals has been known to be the people's court this is the last final straw until litigation we deal with mirky
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and board we're not responsible at luke at what move on as done but a lot of people everyone is passionate i feel they did feel they get their nickels won't this process is foot done and gone there is still building permits that are appealable and this is going to go on for quite a while but i personally feel that if it was up to me my thoughts that will be continued to that dpw was able to hold a second meeting as promised and that process is then eliminated and then we can going on and move on to the next thing one grand that will not solve the problem and not the fault of the project sponsor that the city department if carry out their job but in my case that's
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an appropriate action. >> so would you make a motion for a continuance which would kind of satisfactory my argument with myself i'll know that the neighbors got their. >> what is before us again they'll appeal the permit for the building i know they are. >> your prescription is very good because if we continue this so the hunting can fulfill their promise and. >> what happened then they've issued the permit are they going to rescind the permit. >> unfortunately a lot of people spoke specifically in regards to their comments were not accepted that the finally didn't really want to hold that public forum and not have the ability to do so or not wanting to be there for 6 hours like
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tonight i think the public was not heard when you tell somebody we'll listen to you by a city department and someone that will be monitoring that situation that needs tobacco upheld that's why we have a city and county. >> i have a question for mr. pierson. >> if at some point that body voting to overturn the permit did the permit holder what rights do they have to reapply for such a permit. >> there will be no bar on reapplication they will be free to reapply. >> if i may speak to the due process concern you raised i appreciate that concern but appoint that the safeguard is this forum right here this is
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precisely why the review. >> we understand but pose another thing for you. >> the va has come before us with a number of issues historically and some of us had indicated why not we act upon that they don't have to go through a conditional use and the argument from them we shouldn't be undertaking that >> thank you. >> can i ask one more question of - >> just stay. >> so if we were to move to terminate the permit then the permit holders comes by to see you torment files for another permit you have another hearing, and the same thing we end up
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here again all right. >> probably i just can get a sense of belonging that if we suspend the permit pending a continuance. >> the permit is suspended. >> so if - all right. if we continue this and the one more hearing that was promised was heard and then we come back - that's what i'll suggesting not suggesting terminating the permit only a continuance >> it is cleaner and the public needs tobacco harder i'm not necessarily favoring it one way or another and someone said we walked in here with your minds are made up clearly our
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minds are not made up and wise to follow the direction and move for a continuance for the purpose of having doctor. >> do center a question. >> i get it got it my answer the permit is - we should do what you said. >> i want to make one clarification that is relevant to what was discussed the tax regulation code says that from the board were to deny a permit reapplication is barred for one year by the way, an exception that is from the reason. is denial is for a specific definite existing condition and the conditions are removed for remedies you can decide whether you think the condition can be remedied but a one year bar to
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reapplication >> if we were to continue this how long will it require dpw it establish an additional meeting. >> finally will do that quickly. >> meaning next week or two weeks. >> i don't want to commit them by in two weeks the clarification that would be helpful to the department whether your simply continuing the suspension of the final permit pending this hearing and whether that final permit will go into effect after the hearing is held or whether there will be in independent appeal right following that hearing. >> basically in my mind i'm going to propose we continue this hearing 0 so dwp uphold their promise to the
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neighborhoods and listen them rather than cutting them short and saying we're closed you have to come back next week. >> commissioner president honda a point of clarification if that's the motion you make this permit has been issued and is appealed and been and now before this body what do you you want public health department to do once that hearing takes place. >> not the authority to take me action. >> i understand that. >> i'm asking for another hearing so people could express. >> are we're going to rehear that. >> no public comment. and basically can we had no public comment. >> i don't think so. >> but deliberations you don't take additional comment if anyone including the department but from the department testifies. >> if they give written -
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>> okay. >> difficult. >> oh. >> three weeks off is terrible (laughter). >> well perhaps. >> any suggestions. >> perhaps we can approach that definitely the departments the counsel has asked for direction scott sanchez from this board i'm prepared to give any direction. >> what's your thoughts vice president. >> i understand the needs in terms of the due process and supported that heavily the question here is this also to not just at issue at issue the appropriateness of permit itself and at this time i'm supportive of the issue of the permit
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that the department didn't error in issuing this and that the appropriate element that led to the issuance i don't know did everyone get if. >> that's right a motion to deny the appeal on the basis that the permit was issued appropriately. >> if you want to continue for having another meeting. >> should we we have a take public comment and be here. >> you have to take public comment if i allow anyone meaning the permit holder and the appellant. >> how will we find out. >> you have to allow public comment on that basis. >> but we vote.
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>> okay. >> that's it. >> if you're trying to serve process you don't hear you only - >> i do but i wanted to hear it. >> yes. and this is the nov no matter we get to vote after that hearing no matter what. >> that's true but see you're thinking they have the second hearing you aim saying and let me finish any thoughts the second hearing he thought was attractive initially until a question was asked but they would get to speak little department will not have to reconsider giving the new comments and just if that's the case i don't know that that make sen sense. >> i'm going to make a motion.
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>> we'll make a motion. >> move to uphold the permit and deny the appeal that was properly issued by the department of health. >> okay. so we have a motion if commissioner hyde to deny the appeal and uphold the permit on the basis it was properly issued commissioner fung commissioner president honda no commissioner wilson no. >> commissioner swig okay. that motion is voted 3 in favor and two opposed that carries a the appeal is denied. >> commissioner president honda. >> there's no further business. >>
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>> good morning and welcome to the government audit and oversight committee of the san francisco board of supervisors for today, thursday, october 20th. i'm the chair of the committee, supervisor aaron peskin, joined by member and board president to my left, supervisor london breed, our clerk is ms. erica major and ms. major do you have any announcements? >> yes, please make sure to silence all cell phones and electronic derises and completed speaker cards and documents included as part of file should be submitted to the clerk and items act on will appear on the november 1st, board of supervisors agenda unless otherwise state ed. i.e., 1sy resolution authorizing the director of the mayor's office of housing and community development to execute a grant agreement
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with broadway sansome associates lp. >> thank you, ms. major. is there a representative here from the mayor's office of housing and community development? >> good morning. joan mcnamara, mayor's office of housing and community development. >> good morning, ms. mcnamara. >> seeking aproval to enter into a 30-year subsidy agreement with chinatown community development center to provide rental subsidies to 12 extremely low, and low-income households previously displaced by city action. the subsidis would enable the 12 households to live at broadway sansome apartments and pay 30% per hour household income for rent with the city's municipal transportation authority picking up the difference between the units full rent and 30% of the household's income. in 2012 to give you a little
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bit of background mta purchased and later demonthished the chinatown building in which these households were living to make way for the central subway chinatown station. as required under federal relocation law, mta provided 42 months' of rental subsidy to each household displace -- to each of the displaced households. the subsidy was used to pay the rent differential between 30% of the household's income, and the rent that was being charged. in addition to the federally-required relocation assistance mta wished to provide permanent replacement units as an option to the displaced residents. mta and mohcd identified the broadway sansome site to provide the unit and mta committed $8 million to the construction of broadway sansome a 75-unit affordable housing housing development
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locates at 255 broadway. 12 of the displaced households with incomes at or below 50% ami were offer a unit at broadway sansome. five of the households qualified for 50% ami units, and 7 qualified for 30% ami units. all households are required to pay 30% of their household's income for rent, with mta picking up the difference between the actual rent charged and the household's 30% payment. the subsidy will continue to the households for up to 30 years, provided at least one member of the households was an original displacee, and the household income is no higher than 50% ami. the total projected subsidy over 30 years, which is based on the household's current incomes is $1,192,320. or $39,744 per year.
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households are annually certified, and as their incomes go up, their subsidy is reduced. this ends staff's presentation, and i have both whitney jones from chinatown cdc here and staff from mta to answer any questions you might have. thank you. >> thank you it all seems very straightforward and the budget analyst recommends approval. mr. jones, anything that you would like to add on behalf of community cdc? are there any members of the public who would like to testify on this item no. 1? seeing none we'll close public comment and supervisor breed, if there is no objection, we'll send the item to the full board with recommendation without objection. item 2 or would you like to skip over it? madam clerk, please call item no. 3 out of order. >> yes, item no. 3 say resolution establishing a new public benefits civic non-profit entitled the yerba buena gardens conservancy to assume long-term operating
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and management responsibilities for yerba buena gardens. >> i do not see ms. venancion from supervisor kim's office, so why don't we go to item 4. >> item 4, hearing to consider that the transfer of type 48 on-sale general public premises license from 451 bush street to 447 bush street forces sffsre, llc. doing business as as fluxus will serve the public convenience or necessity of the city and county of san francisco. >> do we have a representative from the police department? sergeant kennedy? and let me start by thanking president breed for transferring this item from the committee to the government audit and oversight committee because i know time is of the essence and i was personally able to
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go out and meet with the applicant on-site, and look at the premises and with that, sergeant kennedy. >> san francisco police has previously mentioned that we approve and stand by our decision. >> thank you, sergeant. and as to the questions that i had at a previous hearing, with regard to issues related to the single-residency occupancy hotel those have been asked and answered. would the applicant like to testify? seeing none, we will close public comment. and supervisor breed, if you have no objections, we'll send this item to the full board with recommendation without objection. [ gavel ] while madam clerk, please read item no. 2. >> yes, item no. 2 is a hearing to receive updates from various cry departments who are required to provide a
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response on the implementation of recommendation no. r5 dcontained in the 2015-2016 civil grand jury report entitled "into the open: opportunities for more timely and transparent investigation into fatal san francisco police department officer-involved shootings." >> let me start by thanking the civil grand jury for their work and we previously heard this item in the middle of september. and had a couple of outstanding issues. one of them, being the status of the memorandum of understanding between the police officers' association and city and county of san francisco, and i see that chief mckeveren is here and the other was pending the release $1.8 million for the district attorney's unit and those have been released and ms. numan, what day did the budget and finance committee release those funds?
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>> september 28th, 2016. >> okay. i think our hearing was september 15th and it was supposed to be released by october 1st and indeed it was. with that, deputy chief. >> good morning, a appreciate the promotion, but i'm still a commander. [laughter ]. >> commander, sorry. >> thank you very much. good morning, supervisor breed and supervisor peskin. good to see you this morning, and members of the public and the grand jury representatives. i know there is really one topic tonight -- this morning that you wanted to talk on our current status of the mou with the district attorney and i will get to that in a second, but i just wanted to speak on a couple of things that happened since our last meeting. obviously last week the department received the doj collaborative review initiative with 270 recommendations and as you know the mayor and chief agreed with the report and
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committed to all recommendations within that. there are timeframes set in place, but we have a lot of work to do, especially in the next 18 months. we're currently prioritizing those recommendations and response plan for the implementation of those reforms. what we found that we expected within that was there were many linkages between some of the other reports that we received, and you've received in the last few months including the blue-ribbon panel it's report and directives on 21st century policing and grand jury report specifically to ois investigations. what we did after we got that report was we looked at it and there are a number of -- as i said, linking recommendations, that were from the doj collaborative review, as well as from the doj report and just to name a few of them, some of the things that came out of the report was a creation of an officer-involved shooting web page with statistics and updates to the officer-involved shootings, which was also a recommendation from the
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grand jury report. and we're currently working on that as we speak. so that we can get responsive to both of those reports. obviously revisions of general orders as you know they have been outdated for a long time and that is one of the processes that we'll be look the. standard methods of timely notifications to the district attorney and other responding units, when there is is an officer-involved shooting. press conferences and town hall meetings with the policy. we do have tonight a town hall meeting with the chief out in for the ois that happened friday night. so i'm happeny to report those will continue, and that is something that the grand jury recommended. i know that they at the time had talked about having codified, written policies for that and i think that was a very good recommendation and we're looking at that as well. so that we have not only what our responses is going to be in the future, but a
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directive that we can point to, and that the public can see for the transparency. and the last thing is that we talked about and here today for the creation of the new mou with the district attorney. where we are ot that, after we met last time, the district attorney provided to the police department a draft mou between the police department, and the district attorney's office. about a week ago, the department met -- i was there with chief sinez and christine is here from the da's office and we presented changes to the mou, looking at certain things that we currently have in our general policies and procedures and policies that we're required to agree with and agreements with allied agencies and agreements with other agencis with officer-involved shootings and some codsfied response to how that would be if there was a shooting say
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between bart pd and an outside agency and provided them with basic of charter and discussions with the city attorney. we presented to them last week and last week chief chaplin and chief sinese met and discuss what discussed what they agreed and they currently have a meeting planned, i believe next week, to discuss it further. so we have both exchanged mous and the chief and the district attorney are currently in discussions with about the agreement what is in it, so we can move forward and hopefully sign an mou between the go agencies. with, that the last thing is [tkha-erplt/] is moving forward with internal change s to response to oiss and what is out of the mou and those will be presented at future presentations on grand jury reports and other reports that we got from the
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doj and the collaborative review. with that i'm happy to answer any questions, or if you want ms. debary to come up to speak about that process from yesterday. >> thank you, commander mckecklin, supervisor breed. >> so we have a change to the response. so this -- i don't have any questions. thank you, commander. and i just want to make sure that make a change to our response for the response to the civil grand jury report and i'll enter this in for the record. resolution that the board reports to the presiding just of the superior court that recommendation r.5.5. >> on page 4 [#3*-/]. >> has been implemented for the reason as follows: the board of supervisors appropriated and placed on budget and finance committee
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reserve $1.8 million in fiscal year 2016-2017 to add 14 positions in the district attorney's office to expedite officer-involved shooting investigations. on september 28th, 2016 the budget and finance committee released $1.5 million to hire these 14 positions, in fiscal year 2016-17, and retain .3 million on-budget and finance committee reserve. the board of supervisors agrees that future funding decisions and department oversight should evaluate the da's improvement and promptly completing criminal investigations and issuing charging decision letter in officer-involved shooting cases and be it resolved. >> okay. motion made by supervisor breed. which we'll circle back around to after public comment.
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ms. debary. >> good morning, chair peskin, supervisor breed, thank you for having me here this morning, christine debary by way of update on the work of the officer-involved shooting civil grand jury report, we have made as indicated in the last hearing the requested improvements to our website, and continue to do so. we're hopeful at the conclusion of mou negotiations we can put up more thorough information for the public about the process and procedure. we have posted the procedures that currently exist. as indicated we received the majority of the funding, though there is still a portion of that on reserve to the budget committee and we'll see its release at the appropriate time. immediately upon receiving approval for those positions, posted them and have been receiving resumes and conducting reviews. and are making very good
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progress towards identifying future personnel for that, and quite excited about the prospects of who will be we'll be able to bring on for the unit. the critical and outstanding issue is the mou and we have not reached agreement and da indicated yesterday to the chief he is fine with the vast majority of what the police department has proposed in their mou. but there remains the challenge of the criminal investigation. obviously the administrative portions of any work that the police department would do around a firearms review board, around return-to-duty, any administrative or personnel sanctions that they wanted to implement is certainly not our purview and we have no interest in crossing over that line. but the criminal investigation remains criticallies important and the 21st century report and many reports that have been released recently create
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deat conducting a criminal investigation of one'sself is less than ideal. we would actually welcome an opportunity to report-back. >> thank you. any members of the public who would like to testify on this item or any members of the civil grand jury, who would like to testify on this item? please come forward. >> good morning, eric vander pool with 2015-to 16 civil grand jury and i wanted to thank you for bringing this back on the agenda to get various updates from the departments. as a concerned citizen and representative of the civil grand jury our hearts go out to the officer who was shot in the officer-involved shooting incidents last
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friday at the lakeshore district and we're sending our best wishs for a full recovery and our thoughts and prayers are also with the family of the suspect who was shot and killeds and at the center of that incident. is wanted to acknowledge that and shows it reinforces the importance of the work that everyone is diligently doing around officer-involved shootings. on that note i would like to recognize all the departments who have been working to push forward some of the recommendations that civil grand jury made in our report. it's an exciting time, especially now that the doj has released its report, and the blue-ribbon panel report, the civil grand jury report and doj report all complementary and encourage all department s that they look at all report because they are not identical. there are different recommendations, but none of them if are in conflict and shouldn't be mutually exclusive and as everyone continues to work on this topic that we look at all of
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the reports in tandem to make sure that we bring our investigators in the officer-involved shootings into the open, make them as timely and transparent as possible and encourage the san francisco police department and da to work to a new agreement so this investigation process can be haged as independently and as transparently and as timely as possible. thank you. >> thank you, mr. vanderpool and thank you again for your work and the work of the civil grand jury. are there any other individuals who would like to testify on this item no. 2? seeing none, we'll close public comment and there is say motion to amend that supervisor breed made on the first resolve on page 3, can we take that without objection? >> i wanted to make a comment, mr. vanderpool brought up a really good point about there being -- first of all a number of
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reports provided by the civil grand jury, which we definitely truly appreciate the work that went into developing those reports. but we also have the blue-ribbon panel report and the cops report, and the board of supervisors is currently planning to continues quarterly committee of the wholes in order to have continued discussion of this issue to see how far we have come from the time that these reports are issued, to implementation of many of the recommendations that exist. i do think it's important that we continue to make sure that we're having a public discussion around this particular issue, and we're demonstrating clearly that progress is being made. and although i know that we want to see it happen sooner rather than later, to shine a light on this, to keep it in the public eye, and to consistent life move in the
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right direction is really important. i think in looking at these reports as a whole and continuing to work together is going to help us get to a place where we'll eventually, hopefully be able to reestablish the trust that has been broken between the communities and the san francisco police department. i'm looking forward to that day. i know it's going to take time, but i think we're taking a bold step in the right direction, and we'll continue to push on this body to make sure that discussion is at the top of our agenda on a regular basis. supervisor cohen proposed as resolution, i think we're meeting in november, to have these discussions, if i recall, chair peskin. and the following meeting will take place next year, 2017, in february. and quarterly after that. so i'm looking forward to a continued discussion. so again, thank you to the civil grand jury for their work on this and these reports will
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not just be put on the shelf and forgotten. they will be pushed and implemented by this body from my perspective based on the interest of this board to see us make progress in this regard. thank you again very much. with that, chair peskin. >> yes. >> supervisor peskin, just for clarity, the motion -- the action will be recorded as prepared in committee as a motion, because this item is a hearing. >> correct. >> okay. and it will be recommended to the full board. >> correct. that will be the order without objection and let me concur with president breed, the board of supervisors is obviously very focused, and the confluence of those three reports has been very, very helpful for our work. [ gavel ] we have already called item no. 3.
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and ms. veneerasion has joined us. . the floor is yours. >> good morning, chair peskin and president breed, from supervisor kim's office. this is the second time we're hearing this urging resolution -- and acknowledging the establishment. yerba buena gardens conservancy. i believe there was a lot of testimony last time about the formation of this new non-profit organization to maintain it the interrelatedness and synergy of the open space in yerba buena gardens and to once again thank the stakeholders who came together with the city and the office of community infrastructure and it investment and the san francisco real estate division to put together this plan. i have some amendments
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todays to begin the feedback from the community hearing last week and to address some of the issues raised in harvey rose's report, namely the development of a communities facilities plan. having more direction and specificity as to the composition of the board of the yerba buena conservancy and acknowledging there are some important cultural institutions adjacent to yerba buena gardens that was mentioned at the last hearing, particularly the museum of african diaspara and adding the san francisco filipino cultural center which is adjacent to the gardens as part of the analyses and the plan. i think underlying this resolution is one, recognizing the work of the stakeholders, but also these are important assets and
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institutions that serve the city and purpose. it's part of the interconnectedness of the moscone center and these are assets that visitors attend and this is something that should be planned for in the long-term. for these types of facilities and these types of art facilitis that are also burdened with having to fundraise for their operations annually and year after year, a ten-year capital planning timelines is not sufficient. we need to have a longer-term horizon in terms of taking a look at what revenues are needed to maintain these assets? and that is what we're calling upon the expertise of the san francisco division of real estate to do by asking them to put together a plan by march 2017. the original resolution, which we had introduced in june, had a year-end timeline, but i think that
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changing the date to march 2017 should provide sufficient time for them. the plan also calls out for an investigation of resources, and names the central soma plan as a new area of upzoning and a potential. i just want to emphasize this is a potential revenue source and all of that will be for discussion with the expertise of the department of real estate. and then ultimately the board of supervisors to decide on the allocation of funds. so i'm happy to walk through the amendments line-by-line. is that what you would like me to do? >> i think the ones we were most focused on, which was the composition, and appointments to the board, as well as the involvement of the san francisco real estate division have been addressed on pages 4 and 5. i think that is what we were focused on.
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i guess a question to mr. updike, but as the capital number moved from $30 to $50 million at our last hearing on this i said to mr. updike, what do you think the real number is and he said, i don't know yet or words to that effect. if we turn it over to john updike, that would be helpful. >> good morning, chair peskin, supervisor breed. unfortunately, we still don't know exactly. however, we are running models of. both the model that the mjm management, the current management entity for yerba buena gardens has and what is called comet. that does not produce great returns over long periods of time. so we're validating that information with our own city's system known as srsf that was referenced in the civil grand jury report regarding our capital and
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maintenance process for improvements. so it's really timely that we have taken a deep-dive into what that can do and thus system to better allocate system resources. we're continuing that effort and certainly supportive to get more time to be sure these numbers are vetted. and want to work with the stakeholders on that. plus the march timeframe syncs up very nicely with the capital plan process, when that capital plan will be put to bed in the spring and move forward to the board for review. so we can input that into the new 10-year capital plan and we look forward to doing exactly that in the coming time. i don't know if $50 million is the right number. however, what i will say is that we took the revenue numbers, which are fairly known, added in some components for the conservancy's anticipated costs of taking on some obligations. so added that into the expense stream. and assumed a fixed amount
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of capital renewal costs of $50 million taken over a 30-year cost stream. frankly, it looks fairly good. we're able to maintain a reserve in excess of a percentage of calculated replacement value that we should have as a best-practice. so we're actually initially encouraged, but well still want to vet these numbers and be sure that we have accuracy here. >> of. i hope that is helpful. >> i'm just wondering whether or not we want to further tinker with the last recital, the whereas at the bottom of the page 3 whereas the gardens is projected to need approximately $50 million capital funding over the next 30 years whether or not we want to say something about subject to the division of real estate's analysis? >> yes, chair peskin, it
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would be "approximately." or "subject to validate." something along those lines would be appreciated. >> thank you. you are comfortable with the resolution as amended, mr. updike? >> having confirmed that is what we saw last night, yes, i think we are comfortable -- deputy city attorney givener has any comments. >> deputy city attorney jon givner. >> my understanding of the resolve clauseses that say shall or will are anticipation of -- anticipating how, for instance, the appointments will be made, rather than imposing a legal requirement on this new non-profit that the appointments will be made in this way. other than that, reading those words "will" and
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"shall" meaning essentially "should," i have no concerns. >> mr. givner, you are specifically, i assume, addressing on page 4 the be it further resolved yerba buena gardens conservancy will be governed by? >> that is right. as well as two resolve clauses down, the conservancy will continue to contract for -- i think those are all -- the resolution in effect is the board saying this is what we intend for this body to do and be. >> do you suggest that we specifically say that, or is this self-evident in your opinion? >> i think it would probably be best, if the board, if
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you explicitly say that or replaced some of the "wills "owe with "should," or it's the intent of the board -- if you don't, because that is a lot of line editing right now, i would just note for the public here and for the record that is the meaning of this resolution. >> okay. are there members of the public who would like to testify on this item, please come forward? >> good morning, my name is kathy, the director of the yerba buena community benefits district and here in interim board of the conservancy and to go on record saying that we are in support of the sponsor's proposed amendments to the resolution. and that we had done some work that has been incorporated into this about the board size, split and composition. so i have brought copis for you guys.
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i think you have seen this, but just wanted to say that we are in support of a 15-member board with 9/6 split and have proposed and thrown some ideas for composition for each of those, but open to conversation and looking forward to those conversations with the city on how that composition actually -- how it ends up in the wash. those are just our suggestions at this point. thank you. >> thank you. mr. ellerling. >> good morning, supervisors, i just want to of course focus on the funding. as you spoke to operating and capital, these are obviously pivotal to the success of the gardens now and in the future. they are difficult challenges, and we will work with the city in solving them. but i do want to note, it's very important to remind all concerned that it will be the board of supervisors, yourselves, next year and of course with the mayor's
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agreement to really figure out how to allocate the available resources? especially from the central soma plan, which is going to, in fact, generate hundreds of millions of dollars of resources over the long haul. and of course before it gets to there, with regard to the central soma plan, the planning commission, too, musts give support and agreement. and so the staff is not necessarily in agreement with us, but at the moment -- but it is the commission and it is this board and our mayor who really shall make the decision how to allocate the resources. and we look forward to that conversation. thank you. >> thank you. seeing no other members of the public, we'll close public testimony. and we'll let the words of deputy city attorney givner stand as it relates to the
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intent as expressed in a number of "wills," and finally why don't we add on page 3, on the last "whereas," "the gardens is projected to need approximately $50 million capital funding over the next 30 years for routine renovation of its buildings and facilities subject to validation by the san francisco real estate division." if those amendments and the amendments that ms. venarasion brought are acceptable, supervisor breed we'll adopt those without objection and send the item to the full board with recommendation, and that concludes our -- oh, one piece of housekeeping, which is we need a motion to excuse supervisor yee. >> so moved.
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>> moved by supervisor breed without objection, and we are adjourned [ gavel ]
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good morning lions! whew [ applause ] well this is a great morning. i got to walk and to roll with all of you to the dianne feinstein elementary school and i'm glad to see the lioness here -- our vision zero hero! [ applause ] she has got the most famous costume for next halloween. [laughter ] >> i also want to say thank you to all of the elected officials and departments, our police officers, the parents, but most importantly, the kids of dianne feinstein! thank you for walking with me! [ applause ] >> to our principal, i'm going to work very hard with all of these people that i stand next to, our transportation experts, from the county and muni. our rec and park director,
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our assessor-recorder, our director of walk sf. we're going to work really hard to make sure all of our streets are safe for you to walk to school and from school every single day. that is important to us. i want all of you kids to grow up taller than me! [laughter ] >> that is kind of easy, but we start off with easy things; right? and i really want to say thank you to all of the parents, to the volunteers of this school. because every single day, somebody is watching out for all of you, and mostly it's your parents and i want to say thank to all of them and our school district who is working very closely with all of us, making your streets safer, slowing down traffic, educating everybody who uses the streets. we got to have safer streets and working hard this
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november, because it's election-year to try to raise a big, big number. how about 100 million dollars for better streets? >> whew! [ applause ] >> that is a lot of money, so we're all going to work together, keep our streets safe, educate each other and make sure you are safe every day. thank you very much, principal, for working with us. >> thank you. [ applause ] thank you, mayor. >> thanks, good morning girls and boys ! good morning ! i hope everyone is doing well. it's so nice to see you all today and to be able to walk and roll to school with all of you. growing up here in the sunset, one of my favorite things when i was growing up was actually walking to school with a lot of my friends and playing with them before school started. you know sometimes school can be long and it's not as fun all the time. but at least i tried to have
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some fun in the morning before i went to class. and so i want you all to try it out if you do walk to school in the morning and see if you feel better throughout the rest of the day and if you have a little bit more energy and experiment with that and see how it goes, okay? to all of the parents, i want to thank you for taking time out of your day to encourage kids to walk to school and we'll do everything to make it safe for them, not only elementary school, but throughout their years. thank you for being here today. next i would like to introduce our superintendent lee. >> good morning, dianne feinstein elementary school lions -- can we get a roar? thank you all for showing up to school today and every day. we are so proud of you, all of you lions. and we love you.
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and we want you to be physically active. we want you to be safe getting to and from school. we want you to come to school with a great, positive frame of mind, ready to learn, ready to be kind to each other, ready to think about your place in the world and in this city. so think about all of the adults that are here, mayor lee, supervisor tang, all of our department heads, you all are going to run this city some day. you are going to be up here 20, 30, 40 years from now, so just imagine your place on this stage at the walk and roll to school 2050, okay? [laughter ] >> so thank you all for paying attention to how you get to and from school and how you treat each other. at this point, i would like to bring up manuel rodriguez one of our fantastic parents at dianne feinstein elementary. [ applause ] . >> thank you, mayor lee and to our elected leaders for
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visiting our school community. for a long time now i have been rolling to school with diego and paolo and we work outside and hop on our bikes and roll down the hill to get to dianne fein [stpao*-epb/]. of feinstein and gives us more time to focus on each other and not so much time to worry about parking and traffic. walking to school every day makes us feel good and helps us breathe the fresh air and get exposed to the environment. so i would encourage all families here to the greatest extent possible, if can you do it, try to walk to school at least once, twice a week, a month, whatever works for you all. thank you very much. thank you all for being here. [ applause ] >> thank you, manuel. hi i'm nichole the executive director of walk san francisco and we along with the san francisco safe routes to school partnership put on this event every year. so i want to first thank the san
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francisco safe routes to school partnership partners led by the department of public health, who are here with us today. i want to thank other partners within the partnership and thank my team at walk sf for all their hard work, especially josie, and the mta and ywca and the san francisco bike coalition, sf environment, and especially sfusd and thank our leaders who are here with us today. we have the police department, the mayor, we have supervisor tang, the department of transportation leader director reiskin and our superintendent lee and rec and parks director phil ginsberg. thank you all for being here with us this morning and i'm probably forgetting a few people, but i especially want to thank the school for hosting us this morning and
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principal chang and nurse catia has been amazing so let's give a round of applause for the school! [ applause ] >> so as the mayor mentioned for all of you voters and future voters out there, there are some really important measures on the ballot that i want to encourage you to take a look at. because these will help make our streets safe and those are propositions j and k and make sure you take a look at those before you go to vote. and i also want to encourage all of you to get active, follow manuel's advice, try to get out and try walking once this week. if you haven't already today. do it more often, if you already do it sometimes. to try to get out there and move your feet. i want to especially thank you our vision zero hero - have you met the vision zero hero? >> hi everybody ! so vision zero hero, what do we want?
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>> safe streets. >> what do we want them? >> now ! kids can we try that together. what do we want? safe streets. >> when do we want them? now. >> what do we want in safe streets. >> when do we want them? >> now! awesome, i will bring back principal chang and thank you all. [ applause ] >> thank you so much. i want to reiterate our thanks to all the people who showed up here and support our school every day. light f
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streets illuminating our ideas and values starting in 2016 the san francisco public utilities commission is xhoefl that light with new led with the did i audits for better light for streets and pedestrian and they're even better for this vitally lasting longer and consuming up to 50 percent less energy upgrading takes thirty minutes remove the old street light and repeat 18 thousand 5 hundred times while our street lights will be improving the clean energy will remain the same every san francisco street light is powder by 100 percent
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godfathers hetch hetchy power in one simple word serious as day turns >> good afternoon to the disruptions of any kind. proceedings. and when speaking before the commission, if you care to, do state your name for the record. i'd like to call roll at this time. commissioner president fong commissioner vice president richards commissioner koppel commissioner melgar and commissioner moore. >> we do expect commissioner hillis and commissioner johnson to arrive shortly commissioners, that places you under your that continuance items one ab

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