gracias. >> good afternoon, commissioners. my name is -- i have a 9-year- old son, and i am proud to live in the tenderloin community. we need a better tenderloin. we need a more child-friendly tenderloin. i bring this to you for your consideration. to have narcotics sold there is a really huge impact -- [bell] especially because we have elderly and others.

director goldstein: thank you. next speaker, please. >> speaking spanish pecan -- [speaking spanish]

gracias. >> good afternoon, my name is pil -- is pilar. yes, i am a grandmother. we are here to ask you for your support. we do not want to see a place that sells narcotics. i want you, when you think about the criteria for what we want to have in the community, i would like you to really think about this. thank you. director goldstein: thank you. next speaker, please. >> i have had a lot of affiliations. the coalition is made up of tenant leaders in low-income buildings in san francisco, and

many of the low-income buildings happen to be in the tenderloin. 281 turk, our members have to walk down to get to our meetings that we have on a regular basis, so we do that the concern about having access to the sidewalks as we walked down the street, so our community needs to be heard on these kinds of land-use issues. our community is made up of senior, disabled residents who come to our meetings. again, this is one voice that is not being heard. we have the families here, but the seniors and the disabled also want to be heard, and we need to have access to the meetings in the neighborhood, unimpeded or to be, not exacerbated by this pharmacy.

so we have a fair voice to be heard, because that is part of your process. thank you very much. director goldstein: thank you. next speaker, please. >> this will be the second to the last of the families for the sake of time. >> [speaking spanish]

gracias. >> good afternoon, my name is -- i am a mother, and i live on that block. i am four buildings down, and i am on the tenant council, and i am so worried. a part of selling drugs. a lot of danger. people injecting themselves openly on the streets, and also, when you have a baby carriage, not moving out blocking or pass.

i ask you to do this. director told -- goldstein: saint you. next speaker. >> i have been for five years in the tenderloin. i want you to consider them part of your community, because they are, and folks here today are very concerned. not just the families, but also the seniors and the elderly who are all concerned about the dangers in the tenderloin. regardless, it is going to bring an element. a drug dealing culture. we need to get control of it. you have heard from us. you have heard from the child- care center on the block. you have heard from the preschool around the corner and those from family housing. you have heard from the other

tenant leaders.this is unanimoue community. this is really a concern, and we ask you please to say no to the pharmacy. please side on the side of the community. i thank you for your time. director goldstein: thank you. is there any more public comment? please step forward. >> my only plea to you is to consider this pharmacy. my two children were born and raised in the tenderloin, and as crazy as it might sound, there are families who are living there. we are dealing with crime and violence. police. you heard it all. -- please. please consider not on turk.

there will be more crime and more narcotics on our streets. director goldstein: thank you. anymore public comment is closed seeing none, commissioners, the matter is before you. -- any more public comment? public comment is closed. seeing none, commissioners, the matter is before you. president goh: commissioners? >> [speaking spanish] gracias. >> hi, my name is -- rodriguez. i am here to ask you to

consider the pharmacy. i have a son who goes to the daycare which was mentioned before, around the corner from that particular block. i just wanted to share with you that we are afraid it is going to get more dangerous around there, and we ask you to consider that. thank you for your time. director keppler -- director goldstein: thank you. commissioners, the matter is before you. president goh: director gol dstein -- director goldstein: i suggested she could use the same size font to level the playing field. president goh: i do not remember

if she did so. thank you. just to remind, and i had to remind myself, originally, the hearing was scheduled for august 18, and it was rescheduled to october 6 at the request of bay drugs because they had someone who was going to be out of town and that they needed more time to prepare their brief. then-president peterson -- i was not president at the time. and then, another reminder, it was on october 13 that we did vote to revoke the permit, and then on november 12, -- it was originally scheduled november 17. at the request bay drugs, they

were again rescheduled. on december 8, it was a special item and an unusual request to submit a supplemental briefing and evidence, and this was in response to our findings, and we allowed that, and i think that is one of the reasons we are in this pickle today. since i am already talking, i will keep talking, and that is i find that there is manifest injustice in this situation, and i would be inclined to grant the re-hearing. i do think the permit was enacted in bad faith, and now, the appellant has quite competent counsel, -- commissioner hwang: i would

concur with the comments of president goh. i am very moved by the comments from the public tonight, and i appreciate everyone coming out tonight. i also appreciate president goh going through that timeline, because i remember making some changes, and i think there are sufficient facts and circumstances for a rehearing. that would be my vote. commissioner fung: when we first heard this case, i shared a similar thought, that the potential for similar land uses

can create abuses and therefore have a significant impact upon the community, and i voted that way in the initial hearings, and i voted to revoke the permit. the question is now in terms of the process, is a rehearing -- there is a very narrow window in terms of how one approaches back, and it is set to very high standards. probably, i think we are one of the few if not the only similar agency in san francisco that has a rehearing component to its

charge. the two portions that were raised, contrary to most of the public comment, which had nothing to do with the merits of the rehearing request, one is whether it is new information that is provided that relates to the ability to have had legal counsel. i do not consider that to be new information. there was a number of times where testimony occurred, where the ability to breach occurred, -- to brief occurred, and i do not think they are required to

put forth a position and a point. i continue to feel that the potential for misuse is there, and, therefore, whether the question of manifest injustice comes into play. and i guess i will go with my heart to this time and vote for a rehearing. vice president garcia: yes, we are going to be hearing this again. very, very difficult. granting a rehearing. it has been mentioned that this original permit was obtained in bad faith, and what i feel most

strongly about, having to deal with any particular aspect of this case, is the fact that i would not want to be a party to, regardless of how reliable some witness or appellant may be about whether or not work commenced without a permit, i do not want this board to do that. i do not want to be a part of that. no problem. the reason we are in this pickle does not have to deal with we gave this a continuance and we not give that one. the reason we are in this pickle is that we granted jurisdiction, and i voted for it, beyond what had been granted, a certificate for final completion. cfc. we abuse our own discretion. -- abused our own discretion. i do not feel anything new has taken place, and mr. wagner,

something to the fact that i did not go along with the fact that this was standard. i absolutely agree. had the findings clearly reflected that, i would have voted for it. but what i would not vote for is to have this board declared that were started without a permit without dbi, to that effect. and to go beyond that, you know, the resale and sale of legal drugs, we had had an affidavit that there was a nexus. in the papers, we had heard something about there may be some nexus, and then we read

further that there was some negotiation, and the permit holder could mitigate these problems. then, no one showed up en for that conversation. -- showed up for that conversation. one additional pharmacy is going to exacerbate this problem -- i did not say that flippantly, because i do not feel flip about it. i think it is a terrible situation in the tenderloin. i am very sympathetic to everyone who lives there. and i wish the police department and the board of supervisors and anyone else who had any authority concerning what goes on there would pay greater attention, but for someone opening a legitimate business there, with no scientific evidence that there is a nexus between opening their and some exhibition -- some

exacerbation of the crime situation, i was uncomfortable. we have rules of this board, not rules, but the practice, if we match american -- one commissioner is absent, we would continue it to see that that missing commissioner which supplied that fourth vote. that is the situation we find ourselves in regent to see if that one missing commissioner -- to see if that one missing commissioner would supply that fourth vote. that is the situation we find ourselves in, because i do not vote. commissioner hwang: we do not need dbi to find that the permit was granted in error or in bad faith. i think that simply just because

they did that does not mean that we have to, too. i also do not want to sit and be silent, and hearing my fellow commissioners state that we abuse our own discretion, i object to that. i do not believe that is what i have done. vice president garcia: before you make a motion, the reason i stated that i want to that from dbi is that appellants have said that work started in april. april went by, and may went by, and no notice was given note to dbi. no request. it makes one wonder if there was actually work done without a permit. director goldstein: i might suggest we take a straw poll. commissioner fung: i think we

should go ahead and continue this. i think it is an appropriate policy that we have had, and i do not need to drag this out. i think the appropriate time where there is another slot is march 23. director goldstein: so, director hwang, are you making a motion? commissioner hwang: i move to continue it. director goldstein: commissioner fung? commissioner fung: i move that we continue this. director goldstein: mr. pacheco,

if you could call the wall on this item, please recall the wall -- if you could call the roll on this, please? secretary pacheco: this is only to allow commissioner peterson to participate on this boat. on this matter, president goh, supervisor alioto-pier, -- supervisor alioto-pier -- vice president garcia, commissioner hwang: , -- commissioner hwang,

commissioner peterson is absent. it is continued. president goh: we are going to take a moment to clear the room.

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