tv [untitled] June 2, 2011 2:00pm-2:30pm PDT
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willing to provide group counseling as well as individually counseling with the patients with mental health needs. i have happy and enthusiastically endorsed that idea. as you heard, he wants to add physical therapy, occupational therapy, chiropractic services and maybe some innovative art therapy that i know how to do to augment and address the medical mission herbal care will be a holistic health center. it's unique. it's going to stand out by providing extra services at a very low cost. it's providing home delivery for the house bound and mobility impaired. and providing more services than just getting cannabis that's been medicalically prescribed. he's addressing the reasons people need the ha cannabis and that's what's most important. he's asked me as a clinical social worker would i be willing
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to provide group counseling as well as individual counseling to the patients with mental health needs. i have happily and enthusiastically endorsed that idea. as you heard, he wants to add physical therapy, occupational therapy, chiropractic services, and maybe some innovative art therapy that i know how to do to augment and address the medical needs of these patients. now, i've known the doctor for about six and a half years and i find him an excellent executive administrator, one of the best. he's got a wonderful vision to make his program all the best. this is how he is. he gets great staff and consultants, whom you'll hear from. and he already has a track record of being able to skillfully manage a large, complex medical program, where he provides a wide range of services. he's always cull culturally sensitive, and maintains good neighborhood relationships.
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[tone] thank you. >> usually we recognize if there's a city employee here. >> he wanted to come up first? president olague: no, no. your three minutes are up. ire good. thank you, ma'am. >> thanks. president olague: so at this point we'll recognize the police officer. >> i just wanted to bring some things to your attention. first one is that engle side didn't become aware of the proposed club until monday, the 23rd of may. and then i contacted the planner, mr. sanchez, on the following day, the 24th. and then the applicant got a hold of me on the 25th.
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he came in and met the commanding officer and myself, captain mahoney. and we did have a brief conversation in regards to his business plan. and what our main concern is, is the security plan. just to bring some issues and concerns that engle side has, number one, there's a family school located at mission street which provides care or education for children between four months and five years, which is approximately 371 feet away. there's a planned parenthood located at 1650 mission. i'm sorry, valencia, which provides services to both youth and teens, which is approximately 1,056 feet away. and then there's another, the co-op dispensary located on 29th street, which is approximately 1,500 feet away. and also the expressed concerns of some of the area residents in regards to the opposition which
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you guys already were -- they were loitering, bringing people in, so on and so forth. so having said that, if the planning commission does decide to approve this application, i'm respectfully requesting if it is within your authority to stipulate that the applicant work with us and provide a security plan in regards specifically that any security that is hired has a bona fide scar card through the california state of consumer affairs, and that he works closely with our video forensics unit to help specify the proper application for a video surveillance system, so in order that if there was a crime committed, that we would be able to process the scene and come up with some good evidence. president olague: your name? >> officer william mccarthy, star 1880.
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president olague: thank you for your time. >> thank you for your time, commissioners. president olague: i read off a few names, ms. winslow, and a couple of others. we have a few. >> hello. in the packet i gave you, there's a letter of support from supervisor campos. we contact the the organizations and individuals that he's recommended and many more. i'm sorry that the police department was not a part of this list, but they'll certainly be on another project i work on.
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i called the center. the executive director said the project was not an issue with his organization. i called the bernal business alliance, which is concerned mostly about cortland avenue, i gatherer. and they felt that the plan was a good use for this part of mission. we met with rita, who organized the tiffany neighbor-to-neighbor association that wants to bring foot traffic and more business facades open to pedestrians. and she, as an individual, has commended our plans and outreach. her letter is in your packet. we also worked closely with the northwest bernal alliance. and we have an agreement that's in your packet with them that they support the project. and they are the ones who requested the cafe in front of the building, which we think makes it a better-looking project. we also visited businesses in the immediate area. as the signed pets in your packet say, these -- petitions
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in your packet say, these people were not able to appear today because they have to work in their shops, but they fully support these new entities in their neighborhood. plans have always been to provide physical therapy, chiropractic services and other holistic services on site. but as i mentioned, the northwest business alliance wanted a more inviting storefront. so now we have the high-end cafe with sidewalk tables, plants, awning, etc. we were happy to comply with this as it makes the streetfront much more attractive. but it cuts down on the amount of space inside of the facility for services. if necessary, the doctor is ready to provide other space as services needed why do we need another m.c.d.? mission herbal care, inc. is not just another m.c.d. compassionate care such as physical therapy and counseling will be provided to go along with members' health care needs. and we think you'll agree that
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the outdoor cafe enhances this attractive block on mission street. [tone] we hope you will support this project. president olague: thank you. and then the third person whose name i called. and then i'll go down the rest of the list. >> madam president, commissioners, my name is cynthia sunberg. i'm a state approved health care consult yantd. my role is to work very closely with the california department of health care services, audits and investigations, medical review branch. my role there is to work with health care programs to teach them proper operations and ethics. in the past seven years i have known the doctor through his health care businesses. and i have to tell you that he's not just one of my favorite clients, but he's also the best. he currently has great outcomes. he follows all rules and regulations in regards to straightstate compliances.
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jamestown center. that group specifically deals with helping disadvantaged teenagers and youth. i think it was brought up yesterday -- yesterday there was a group of teenagers at the unemployment division, right next door. there's two blocks away, salvation army, adult alcohol and drug rehabilitation center. on 26th and valencia, teen challenge, a group that tries to help disadvantaged youth. in summary, i just feel that this is a completely inappropriate business for this spot. we also wanted to point out within 12 blocks there's four pot clubs, and there is a pot club already servicing this community two blocks away. i truly don't feel the residents support this pot club.
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>> my name -- [indiscernible] i live maybe 500 feet from the location. i walked by the proposed site every morning and afternoon and a whole bunch of other times, when we go to the store or whatever. i'm in agreement with the last speaker here. i was thinking about what to say, and some of the points have already been made. the first one is the center on the corner. what i see around that place is typically teenagers, and parents with very young children. i don't know what it speaks actually to. the second point that's been brought, as well, is that there is already another dispensary. so i would hope that those users of me disnail cab news -- m -- e
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cannabis are already served it may be that the operation is great and holistic, but maybe they should perhaps consider separating the component from the health care facility in which case you would probably an enthusiastic welcome from the neighborhood. the third one is, it may have been discussed with some associations, the notion of it being something as a compensation. i don't see it that way. i think the idea that you would have the same ownership of the cafe and the cannabis dispensary might actually increase the street traffic related to the sale of the cannabis. i don't know. so certainly to my mind, it would mandate -- at least out of discretionary review. i'm also with doubt the value of this as an economic development. there's the m.t. bloodbuster
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store which -- i think it's used as a training center. but it seems under utilized. i don't know that this new facility would attract more investors. these points have been made. one i would like to make is mostly about outreach. there may have been conversations between the leadership of the neighborhood association and outreach specialists, and supervisor campos. what i know has been pointed out is that we as neighbors have never been told. i learned three days ago when somebody left a flyer in my mailbox. and all the other neighbors i've talked to had no idea that this was coming. and i think i have the same experience as the previous speaker, that everybody in the neighborhood i talk to is absolutely opposed to the project. or at the very least would not understand how this project could go ahead without further input from not associations but people who actually live within 100, 500, or 1,000 feet of the facility. and i think that concludes my
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intervention. president olague: thank you. >> commissioners. i'm a long-time resident. in your packet, you will see that this is a mission approximate quit map. i think a lot of the concerns as a neighbor and as a community is really the notification has been really, really poor. i know there's believed to be outreach. but you look at this approximate quit map, and it doesn't even show the fact that 3101 mission street is a school called the family school. it's been there for 10 years at least. it was developed when the gateway apartments went into it. it's not even located on there. it is a viable school. it should be there.
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it's within the 3101 mission street. with regard to outreach, on may 23, the reason why the police department was informed of this potential pot club is because i went to the police station with the notification and asked about it. so only upon the 23rd of may were the police actually notified. it was because i brought it to their attention. in fact, on may 23, i also did outreach on my own to patricia -- and i have her name -- her last name -- of the family school located at 3101. and she did not even know about the potential pot club coming in, or marijuana club. with regards to the fact of if this is a code violation, the reality of the situation is their license is for 32 children. 16 are daycare. and the second 16 is for 3 to 5-year-olds. now, the 3 to 5-year-olds do qualify as a form of preschool. they are licensed.
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they are state-run. they get moneys from the state, from the city. unique enough, everybody says well, elementary or preschool doesn't count. the reality is the school district actually does recognize and has 39 preschools ages 3 through 5 that are located within 1,000 feet drug-free zone, which is part of the no child left behind, and a federal law. so i spoke with all of these sites and these pre-k directors. and every single one of them has a posted sign on their building that says 1,000 square feet, or 1,000-foot radius drug-free zone. so why a 3 to 5-year-old in this neighborhood doesn't get the same location doesn't make sense to us as neighbors. and then, again, with regard to the outreach piece of the puzzle, it's just not been well documented. there's hundreds of people that if you put this out on the
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neighbors above this pot club, great use, we want to see commerce on mission street. but this is not the right location for this particular business. thank you. president olague: ricardo jimenez followed by adriana nakapahu, eric guest. >> good afternoon. i'm a life-long resident of the neighborhood where the proposed dispensary is located. i'm also a 20-year veteran law enforcement officer. i have concerns about safety and crime that this dispensary might bring to our neighborhood. i would like to you consider our concerns about fairness. our neighborhood already has a dispensary. isn't that snuff why do we need another one just two, three blocks away? would that be allowed in neighborhoods like pacific heights or the marina?
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would that be acceptable in your neighborhood? nowhere in the agenda packet sent to you does it point out that there's already a dispensary at 29th and mission. that's a important factor you need to consider before making this decision. i urge to you deny this application in the name of fairness. thank you. president olague: thank you. >> i'm a member in the neighborhood. i do believe that the neighborhood is in need of active benefits on that block. i believe the neighborhood would benefit from the positive economic impact that the club would bring. and i do support the plans for the m.p.d. and i hope you vote in favor of the plan.
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>> good afternoon, commissioners. my name is eric guest. i'm an occupational therapist. i'm here to advocate for the dispensary here in the city of san francisco. personally, professionally, i've witnessed the benefits of cannabis with many of my patients for treating physical issues. like social issues, it's created significant, profound benefits. the research on it has all been proven in my experience, just first-hand seeing it i'm doubly for it. my professional experience comes from working at his adult center. the center provides medical care for a getteryacht rick -- geriatric population in need of nursing, dietary or rehab
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services. it's a state-run -- or state overseen. and in the last few years it's been lauded as a model care facility. it's my opinion that the doctor is perfect for this center. he has the background, a proven track care record with running a health care facility. and his desire to provide care to patients who need it. i fully support his proposal and ask that the commission body join me in it as well. thank you. president olague: thank you. maria gray followed by robert wright. >> hello. my name is maria gray. i live near the mission and shop in that area. and i use medical marijuana for
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chronic joint pain. it helps me so that i can focus on other things that my pain -- other things than my pain and carry on a normal life activity. i am also a member of healthy san francisco. i agree that the city doesn't need anymore pot clubs. but i do believe that we need better marijuana dispensaries, especially ones that are connected with other holistic medicines. we need dispensaries also that are in a safer location. 8th and mission, 4th and howard really aren't safe places to visit. they have no parking. and also just undesirable people that i really don't enjoy being around. the 3100 block of mission has good public transportation good street parking, and a safe, comfortable area to visit and shop in. part of the program i have to
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relieve my pain is acupuncture and chiropractic care this new facility will incorporate some of those practices into its services for members, along with physical therapy, group therapy, and other holistic treatments. i hope you will vote to allow this facility to open. thank you. president olague: thank you. was there any additional public comment? i remember reading one name. whoever else wants to come up? sir, do you want to speak? >> yes. my name is robert. you didn't call me as being the next person. president olague: i probably pronounce it had wrong. >> that's right. robert raich. i'm glad to be here. thank you, madam chair, commissioners. i am an attorney. i specialize in medical cannabis law. i'm happy to be here. and i've got to tell you that the proposal that dr. margusov
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is proposing to you looks like one of the best medical cannibas dispensaries i've seen anywhere in the state. it would be a tremendous benefit to you, the citizens of san francisco, as well as to the area itself when it opens. i would like to address a couple of the objections that i heard some of the other people mentioning here speaking before me today. first off, there was a discussion that there is another dispensary that's relatively nearby. its name is the bernal heights dispensary. i'd like to distinguish that dispensary from dr. margusov's. that dispensary does not provide other health care services. it just provides medical cannabis to patients. and also, it allows smoking inside. dr. margusov will not allow smoking in his dispensary. and it will also provide chiropractic care, physical
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therapy, occupational therapy, and licensed clinical social work. in addition to having that beautiful-looking cafe in front, it will also be a real health care facility in the back, providing a whole range of holistic care to patients as well as, of course, their medical cannabis. another thing is that the dispensary and its security guards will actually improve the area. somebody mentioned the problem with loitering or graffiti. having the dispensary there and its security guards will actually reduce some of these apparent problems that apparently exist there, such as loitering, the graffiti, and other problems that people have. the disprensry will actually im-- dispensary will actually improve it. and that facade would actually look better than most other storefronts on that particular block. again, it will be a tremendous benefit to the area.
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and the neighborhood specifically. there is a childcare facility -- [tone] that has been mentioned being nearby. however, under san francisco's ordinance, childcare facilities are not included among those areas that dispensaries must be 1,000 feet away from. and, of course, you can see why the board of supervisors drafted the ordinance the way it did. small children, you know, children who are under 5 years old, are not going to be going on into a medical cannabis dispensary the way some -- [tone] older students might. president olague: thank you. >> they have teachers and providers. you're welcome. >> marijuana, medical or illegal. i deal with it every day at my house. i live on 11th avenue. getting home from work last night two people on my backdoorstep just rolling
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marijuana. medical? illegal? i don't know. i've swept up both kind of containers behind my house. there's a club on 29 mission street. i don't feel safe. i've been living there 16 years, slowly the neighborhood turns around, graffiti. i've been removing it. storefronts, curbs, everything, to get my neighborhood safe. i don't feel safe. approach adults, people behind my house, find that place to go. they're not smoking marijuana. i realize that. they're going to have security. i realize that now. now, if i come home and there are people behind my house, which every day, every week, they are. i've been threatened. i'm scared to go in the back of my own yard. i call the cops. they come. if these people that are behind my house decide to come down the street and hang out behind my house and smoke, you know, do i have security, you know to report this?
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what happens for me in the neighborhood? because i do not feel safe. and now with this going in, i would feel less safe. that's all i got to say. thank you. president olague: is there any additional public comment? seeing none, public comment's closed. -- commissioner fong? commissioner fong: thank you. looking at the map provided, there's a map of the mission child development preschool. that seems to intersect -- the 1,000 radius goes right through it. what does the law prescribe as far as the 1,000 feet? >> plaintiff department staff. the way i understand it and the way it's been interpreted is it's primary and secondary schools, public or private. we understand that to mean k through 6 and then 7 through 12, whatever the distinction is. we don't believe that this child
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development center that you're referencing falls into those that lists restricted uses. commissioner fong: and so the family school public comment was also about -- >> what we understand is that the family school is not a primary-secondary school. commissioner fong: ok. [tone] ok. president olague: commissioner miguel? commissioner miguel: yes. my recommendation, i've made it privately to many people who have contacted me regarding this and other medical cannabis dispensaries if that is your problem, talk to the board of supervisors. they're the ones who set the code up in the manner in which they did. we did not. we merely have to abide by it, just like everyone else. so if that's your problem, that is your venue for it.
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and i suggest you do so. bring the problem to them if you feel it is a problem, and go ahead from there. as far as the proliferation within an area, if you take a look at not regular medical services, not a doctor as service, alternative medical services, chiropractors, acupuncturists, chinese herbal dispensaries, i don't ever remember hearing a problem of three chiropractors on one block, three acupunctures on one block. you go down into chinatown and you will find asian herbal dispensaries all over the place, concentrated. i have spoken at these hearings before that i have problems with the
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