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tv   [untitled]    October 28, 2010 1:00pm-1:30pm PST

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20, and the legislation had previously been split into two pieces. as more specifically on restrictions to these funds in response to concerns raised by spur and others. a public testimony was also in support of the revised version and the board finally passed this ordinance as well. there were a few ordinances introduced. one is a planning code amendment for the upper fillmore neighborhood district. this would allow new full- service restaurants, small service restaurants, and self- service specialty food establishments into conditional use authorization. also, supervisor maxwell introduced the bay shore home improvement special use district.
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and supervisor daly introduced an ordinance that would remove the mall parking requirements, establish maximum parking limits in the industrial district m-1, cm, and south market districts and would require nine residential and hotel parking south of market district maintain a fee structure which would discourage long-term commuter parking. it would also make parking controls in the mission bay district more consistent with the requirements of neighboring districts. that is the conclusion of the board report. are there questions? president miguel: commissioner antonini? commissioner antonini: thank you for the report. i wonder if during the inclusionary housing project that it was part of the mayor's office. i was happy to hear the idea regarding direct financial assistance, perhaps supplemental
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to or in lieu of inclusionary housing to city employees and others. i know that discussion came up during the supervisors hearing, but i would like to hear more about that. >> can get you more information on that. commissioner antonini: it has the ability to bypass some of the downsides of inclusionary housing units. thank you. >> thank you. >> commissioners, that puts us on item 9, case number 2010.0697i 814 mission street, everest college abbreviated institution master plan. >> good evening. everest college has submitted an abbreviated master plan for the location at 814 mission street.
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the planning code requires post secondary institutions and hospitals to have a master plan on file with the planning department. institutions located within the downtown commercial district of san francisco occupying more than 1000 square feet to make an abbreviated master plan. upon review by the planning commission, you have discretion to hold or not hold a public hearing on the abbreviated imp. everest college has been invocation since 1998 and it -- has been at its current location since 1998 and does not have any other applications. critic and does not have any other locations. everest college consists of approximately 400 students. we prepare them with post secondary education that will provide opportunities and health
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care, including dental assistants, massage therapy, and pharmacy technicians. the abbreviated imp requires a description of the institution's physical plants and affirmative action program, ownership of property throughout the city of san francisco, the parking availability, and other relative general information. after viewing the abbreviated imp, staff recommends that the commission does the same. staff also recommends you cannot hold a public hearing on the abbreviated imp, as all the necessary information has been submitted by everest college. i am available for questions, and thank you for your time. president miguel: informational item. is there any public comment on this item? project sponsor to have anything to say? any public comment on this item?
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if not, public comment is closed. commissioner antonini? commissioner antonini: i was very interested to hear and very familiar with this. being in the dental profession, i have had people trained in what was previously the other program, and i think they do a good job and i appreciate the plan here and having that outlined for us. president miguel: thank you. >> commissioners, that puts us on general public comment, up to 50 minutes. at this time, members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission except agenda items. with respect to agenda items, your opportunity to address the commission will be afforded when the item is reached in the meeting. each member of the public may address the commission for up to three minutes. i have a number of speaker
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cards. >> go giants. president miguel: this is general public comment on items not on the agenda. access of love, yvette, dennis. >> hi. good afternoon. it is a privilege to be able to address you this way. my name is the niece, access of love a member, and i find it odd that they want to cost an mcd. i have you know we are not. we want to respectfully request a hearing to be held to assess and to find and differentiate mcd's from a social service nonprofit collective who
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patients already belong to the of mcd's who are already licensed and serving us. our group takes no money from patients. they serve access patients, members of a nonprofit dispensary, such as ocean avenue. acts of love and to prevent disabled patients from being shot and, helps them with housing, health, and other day- to-day struggles. we are not money changers. we would just really like to have a hearing held so we can somehow craft legislation or at least a definition between social-service agencies and mcd's. thank you. president miguel: thank you. i cannot stop you, but i would greatly appreciate you not taking your full three minutes to say exactly the same thing, the next three speakers. so come on out.
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>> good afternoon, commissioners. most of you already know me. i am the director of tax of love, sf, and shortly after we got the unanimous vote at the board of supervisors to close at the polls in the mcd legislation, i received a notice of violation -- if we got the votes to close the loophole. there is no way we are anything else. we are a social service providing organization. i think it is very clear we need to have a hearing on some of the problematic issues around medical cannibas. they are drafting a letter with three main concerns, one of them being the notice of violation
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to access of love which falls under the sanctuary of the city, and also the letters of determination that are being used to grab our native collectives and have outside entities grab the land. this is very concerning. the third sort of irony of this all is that we have zillions of uncharted delivery services that have online menus, membership fees, and are not regulated by our definition of mcd. i think the clarification of the mcd is called for as well as a hearing, and i would respectfully request that the department of public health would be involved in that hearing so we can get the department on the same page and actually create land use of
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legislation that makes sense to what is happening on the land. i would just hope that what we are in the process of amending the legislation at the task force level that all activities against access of love and hope that and any other dispensary that is being basically pursued by hostile forces with the letters of land-use termination -- we have owners to our project we have owners who are being attacked. i respectfully second the urging for a hearing with the department of public health, and i hope that we can work on these matters with mr. sanchez. i congratulate you on your seating. what you may not be as familiar with many of the other folks with access of love, we would love to meet with you and have
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you come to the site yourself. thank you very much for your time. president miguel: thank you. >> thank you, members of the planning commission. my name is michael goldman. i will not repeat what has been said. i want you to take notice of the importance of access of love in the community and people it serves. we serve low-income disabled people who do not have the ability to go to an actual dispensary and purchase cannabis, which would cost more money than they can afford. we are providing a very necessary place for people to come and receive social services, women's groups, veterans groups. it would be a real shame for us to be classified as a retail medical dispensary, which we are not, and have to do things we cannot afford not be able to serve the committee with the services that we provide. thank you. president miguel: thank you.
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>> good afternoon. go giants. my name is kathy smith. i run the hope that, and medical dispensary on ninth street. i would also like to talk about this. i was just blown away by it. i cannot believe it. it access of love is totally a social services facility. i know that because i pay their bills. they don't take any money in from their members. i know that because i pay their bills. every day, people get clothing, food, we make sure people have homes to cook their food that we're giving them. they have social services for veterans, aa meetings, narcotics
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anonymous, chess, bingo, a transsexual groups, women's groups. these are all social services, given away for free. access of love is a social service center. i would beg you to give them the sanctuary status until all of this planning can be straightened out. the other thing i want to address is the letters of determination, which are very disturbing because they basically circumvent the public process. they take away the neighborhood 's right to decide he was going to be their neighbor -- who is going to be their neighbor. i think you all know some of this is contentious. we could have contentious new owners moving in and the neighborhood not being happy, and it is just not fair. it is not the way this city does
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business. i would urge you to tighten up on those and look at those levels -- letters of determination. the third issue that was brought up is totally relevant, and that is the delivery service. grain crops -- green crops has gone through a lot to be a delivery service. they have paid their fees, they have paid their dues. it is not fair for the city to let other services, and and not hold those services to the same accountability that we hold them to. it is just not fair to them. i would ask you to look into this. thank you very much. president miguel: i am going to interrupt this, as i said i would. supervisor campos is here. we will take up health care
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legislation and come back to this afterwards. if you wish. all right, the supervisor says you can finish, but please make it fast. and no applause, please. >> nicholas. i would like to thank all the commissioners for their time today. i am a disabled veteran, san francisco veteran, an activist. i would like the hearing on the definitions of mcd, to hold a fair and impartial hearing to define what is a medicinal cannabis dispensary. i am in favor of chris jackson for d-10 supervisor.
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one-third of all homeless are veterans suffering from post- traumatic stress disorder and other disorders. these veterans need meeting places such as acts of love, which is the only veterans meeting place in san francisco city and county.. acts of love is a benevolent, satellite organization for harm reduction and group social support to avoid suicidal depression and to help find reintegration with society for american veterans. thank you very much. >> thank you, hi. i am a member of acts of love. i had back surgery about four months ago and have been put on about $100 per month stipend to
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live on. i can tell you personally because, first of all, i do not use of opiates to dearer -- to deal with my back surgery pain. the medical marijuana community is the only resource that works, and without this i would not be able to get up and walk around, much less have to deal with my seizures. if you negate the system that is in place here, you are just taking away from people who don't have anything already. thank you. >> excuse me, members of the public. be advised that this section of the calendar goes up to 15 minutes and there are approximately five minutes left. >> i am frank, and i am a trend psychic healer. i basically -- i am a trained
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psychic healer. i started 10 years ago with several other dispensaries. they basically said, frank, we're fascinated, but we are running a business here. i have a little office and a pile in to see me every wednesday. i don't think people should have astrological or numerology guidance just because they cannot afford it. i've volunteered and people have really responded to what i am doing, especially the harm reduction. i have been bounced around, and everybody is fascinated with my talent, but they all said the same thing, we are running a business. but this is not a business. we struggle with hope net to pay our bills, and we are providing
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-- for a fascist date to provide, you have to divide and conquer. if you have to stop people from congregating. if people like us cannot get together -- i am 62 next week, so i am really what is left of the counterculture, and we all feel this. we'll put our heart into this. on my tv access cable show, we are every place that you could beat if you could, but you have jobs so you are not. hopefully, we will get some donations, especially around the holidays because we could really use them. this is a wicked below, getting thrown under the bus. i cannot wait for you to come down to excess of love and assault. i know your time is limited. i appreciate your time.
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i practice buddhism and we are altruistic. >> i am here on behalf of access of love. once upon a time, there was a collective called access of love. they were very successful raising political issues, helping indigent citizens with housing and food and harm reduction. all with no cost to any municipality, city government or otherwise. why would some hostile forces want to disband us? it is like the big bad wolf, who will huff and puff and blow your house down. they tried arresting are growers and the charges were dropped. even the product was returned,
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the first time in police history. they tried to stop our dispensaries, and a resolution was passed that said, no, no, no to hostile takeover. now that have come up with another poison that attempted to spend us, calling us at the dispensary, knowing full well that the $10,000 price tag would inflict a vital blow to our food program and rant and our facility. so the moral of the story is no matter how many times they try to pick want access of love, it is a wonderful organization that helps many people. it helps people in the community, and you will need us. one way or another, you all need us. we also know the definition of a dispensary has nothing to do with giving away free product, so again, this is another bill
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attempts to disband us which will also go up in smoke. the end of the story. thank you. >> thank you. commissioners, we have exceeded the 15-minute time. president miguel: public, is closed for this portion of the calendar. a public comment will be available at the end of the calendar. vice president olague: yeah, at some point, sooner than later, i would like to request some clarity on some of these issues. i think would be best if it was done in a public forum, because there might be some information that needs to be clarified on all sides. i know the department of public health had an opinion that might somehow differ from the planning department, even though we're dealing with a similar issue, so it might be good to have everyone here, maybe even and fight dph to get the discussion -- maybe even and fight dph to
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get everyone involved. i know that i have heard the grain crops. i don't know what that has to do with the delivery service, does that mean it is voluntary in terms of the permitting? a lot of the comets are raising more questions, and i think it would be good, we would be able to reach more understanding, if we just had some kind of discussion with the public. that is all. i would like to ask for that. commissioner moore: depending on the outcome of the november election, i think we will have expanded questions that include the city attorney, land use, the city attorney, everybody. president miguel: until the november election is over and proposition 19 is settled, i and
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the hall commission decides what they want to define or not defined. i do not want to decide. >> commissioners, the next item on the calendar is public comment on agenda items where the public hearing has been closed. at her lover, because item 10 has been continued to december 2, there are no items where the public hearing has been closed, which puts us on the regular calendar, and we will be taking item 16 out of order, health care services master plan. the planning commission will consider a proposed ordinance. >> good afternoon president miguel and members of the planning commission. the item before you is an ordinance that would require the creation and implementation of a health-care services master plan. i will go through a full description of this ordinance and a moment, but first i would like to introduce supervisor campos, author of the
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wilderness, to provide a few words. president miguel: supervisor camps, thank you for coming. supervisor campos: thank you, mr. president and commissioners. i like to underscore the importance of giving clarity on the issue that was raised before, because you have the medical cannabis community that needs to have that clarity. for many of us who have worked with this group, it is difficult for us to understand how that can be classified as as an mcd. i think the sooner we address that, the better it is for the city. that said, amid talk about why we are here, which is this piece of legislation that we introduced a few weeks back. let me say i have been involved in legislation, drafting legislation the last two years, and i am very proud of the fact that the way we have been working on this piece of legislation is unprecedented,
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and the terms of the level of involvement that we have had, in terms of the stake holders on this issue. from the very beginning, before we even started thinking about drafting this legislation that called for the creation of the health services master plan, we made a point of sitting down not only with city agencies but with people within the community and the industry to understand what issues that would be impacted by the legislation would be, and making it clear to them that as we were drafting that legislation that we wanted to get their input. once the legislation was drafted, we also want to sit down with them and talk to them about their comments and concerns and their ideas. we have been doing that. it has been a matter of months since we start working on this. i also want to thank the health director for the city and county of the san francisco, whose input has been invaluable in all of this, and his staff who has
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helped tremendously. i also want to thank the planning director and his staff for the amazing work they have also done on this piece of legislation. we have learned a lot in this process. that is a complicated issue, and one thing we have recognized is there is not one clear answer to a lot of these issues, but we as a city are at a crossroads with something that needs to be done. i will be honest with you, in the last week or so, i have heard a lot about what is being said about this piece of legislation. i have heard a lot from a lot of different people, in this building, a lot of my colleagues have been approached by a number of individuals who have talked about this legislation in a way that has provided a lot of misinformation. this is a modest legislative proposal that is basically grounded on the idea that we as a city on a regular basis are being asked to make decisions in
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the land use context that have implications on how health care is provided to sanford skins. one thing that became very clear to me -- to residents of san francisco. one thing that became very clear to me is that we as a city are being asked to make those decisions without having full knowledge of what the actual health care needs of san francisco are. and not just the needs of the city as a whole, but the needs of individual neighborhoods and communities throughout the city. and not just the needs today, but the needs a year, two years, 10 years from now. with this legislation essentially does is it presents a very basic proposal that says before we go forward, as we're doing right now, and make those decisions, let's create a master plan that outlines in a very thorough and complete way with the health care needs of every
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resident of san francisco are, what the health-care needs of the city are said that when we are asked to approve or disapprove a project, we have the information to know whether or not those projects are actually consistent with the needs of the city. it is not rocket science. it is a very basic concept. in the process of drafting the legislation, we have learned a lot. in fact, we have learned a lot, in particular, from the planning department, which not only help us put together the legislation, but has in the course of this process introduced a number of changes. in fact, a letter was sent from our office to you, explaining how we are planning to amend the legislation in direct response to some of the issues that were raised by the planning staff. again, from the very beginning, -- actually, there