at permits and breaking permits and what is level and not level. but at the end of the time, what matters is the people who live there, who every day go in and out and raise their children there, around an already dangerous area that we have been rectifying with the community resources. there are a lot of people who are really concerned about this and who would love to work together to actually help the homeless and those in need, and not be able to have a place where there recruit the less fortunate -- they recruit the less fortunate to solicit madison or drugs. even though they are legal, this is not legal. i hope the commission gets to work with us. come and visit the neighborhood and see where it is located and how much work has been already put to the place to keep it

drug-free, crime free. even though we are looking at the tenderloin getting really nice in our area, things are getting cleaner, we want to tell everyone to the back and make it a wonderful livable place for our children. the beautiful mural was done on both sides of the corner at turk and jones, at 48 golden gate where we reside. we want to keep it clean and drug-free. we hope to deny this motion and bring us to that. thank you so much. we appreciate all the work to have done. >> thank you. next speaker, please.

>> my name is lynn norden gomez strabo -- lenore gomez trejo. i have already talked to you the last time we were at this again. and it is very sad to see that instead of paying attention to all of these older people like myself that live around the area that you can imagine considering opening something that most people already in the first meeting that we had -- we brought children so you could see how many children and mothers, and all the adjustments that have to make.

how irresponsible it would be to have the type of drug store they want to open. i only live a block away, but it is a very dangerous area. it is impossible to believe that you do not pay attention to what we say and listen to the other people instead. please look at your thoughts and see that we can be safe from all of these things that should not be happening. >> thank you. next speaker, please. >> my name is mark blackfoot. i am a resident of golden gate. i have spoken here before. i hope we could have this settled. it seems we are going through sour grapes with the request for the rehearing. we made a decision, despite

their claim of not having legal representation. neither did our side, as far as that went. i do not see that as a viable reason to reopen this. i think the important thing to remember is i was one of the witnesses of the construction, starting before they have the permit. i believe the first time it was filed was on the 23rd. also, the community reaction against the pharmacy in general -- there is a promising that already exists on golden gate and leavenworth. we have seen the type of changes that brought. to see what it is going to bring to have another pharmacy of that type right next to where they are already selling drugs very openly -- it just seems ridiculous to me that we should have to put up with this in the neighborhood. before one of our meetings, there was a woman standing outside of the residents'

entrance of 201 with blood running down her arm. this is the kind of thing that already happens. that kind of thing is only going to become worse with the opening of this pharmacy. that is the result opening the other pharmacy had. it brought more drug traffic into the neighborhood, very blatantly, right or the pharmacy is. i would really like you guys to consider the neighborhoods feelings as far as not having to see this right next to a school, next to a children's center, next to seniors. nobody wants to see this. that is what you will be allowing. thank you. >> good evening. my name is jennifer bickers -- vickers. i am here to address social issues. i do not understand the permit

process at all. i worked with hastings in august. i have a night marriage working commute down jones street -- a nightmarish working commute downtown streets. but often run around lunchtime. in the morning, at lunchtime, and in the evening, i am aware of drug deals going on as people come out of the pharmacies. we have many of them. i will hear conversations like, "i got two for 35." i remember leonora's testimony last time. she said there were about eight walgreen's she had access to. many of them deliver if she needs to do that. i almost lost my breakfast on many occasions to see what goes

on. i see the children being walked to and from their schools. all the age groups are more closely watched because they have to see this going on, just as i do. it upsets me. i hope you will listen to our testimony. i know it is not a permit process, but i am talking about quality of life issues and the safety of the people who live there. thank you. >> good evening. my name is oscar pena. i am a member of the mosque. also, i worked at juvenile hall. i am a case manager for juvenile criminal justice. i work with kids that are on probation. what i do is to try to help these kids to successfully reintegrate back into society. i believe where i attended the

mosque is an area that is infested with a lot of crime, a lot of drugs being sold, whether it is legal or illegal. we have a proxy contest, -- oxycontin, codiene. people will go to the pharmacies and resell them on the street at a higher price. it is an issue to have some many of these pharmacies around this neighborhood. it will get tougher and tougher to try to clean up the streets. previous people in the public have said the streets are starting to get a little cleaner. people are trying to come together. there are interfaith meetings. there are people from interfaith communities. our target is to try to have a better environment for the kids and for the elders. for everyone there. right now, the big concern to having many different pharmacies

within the tenderloin area, very small, very compact -- as i said previously, there are many drug deals going on, whether it is legal or illegal. people will still go to these pharmacies, by what they need to buy, and resell them at a higher price on the street. we have to consider the possible danger that could be happening to children. also saying that i want to -- that is why it where i work -- i am trying to help kids see the danger of what they have done, and what they can provide and how they can be a productive citizen in society. this is what we are trying to show as a message. many of you guys up here, it is a great thing you guys are doing. when kids see that, they want to be inspired. what are they inspiring them with these drugs?

this is a new era of drugs being sold, whether it is legal or illegal. i just want you to think about that. this is a very important topic to think about. this is the new way of drugs now. i saw on a tv channel in the pharmacies selling all of this in public. people can die. we need to think about this. thank you. >> thank you. next speaker, please. >> i come before. i am -- i am -- i am only one of the mothers. i bring my children. it is so hard when you try to walk with a teenager and see around you -- they look at everything.

think how the families feel that when you walk by. sometimes, we think about it. the children ask you and ask me, "what are they doing? why are they doing like this?" i think we do not need more. we understand, the people. but we need to think a little bit about the children in the neighborhood. today, my family said do not go. i said i have to go because i want them to listen to me, to my feelings about the neighborhood. please think a little bit about the families, children, and schools. we have child care. schools and buses stop. sometimes, you invite some

people out to the city, and they say "you live right here?" we do not really need more. just think a little bit. please. thank you. >> any other public comment on this item? seeing none, commissioners, the matter is before you. commissioner hwang: i would actually like to ask a question of the appellant. did you bring your witness, mr. sanchez? you have to come speak into the microphone. >> i did not bring him. he is in the middle of preparing for a legal case and did not have time to come. he actually lives over in alameda and his wife is pregnant.

it would have been extremely inconvenient. as i mentioned, there is an e- mail from him dated may 25. i know he was there the day before. we had a conversation standing in front of the pharmacy on may 24. in the jurisdiction request, i filed the original complaint with both dbi and the planning department on may 26 when it was not in the computer. that was one of the bases for granting the jurisdiction request. commissioner hwang: i appreciate your refreshingly, but i wanted to ask you a little bit more about testimony. do you have personal knowledge of the encounter? can you tell me a little bit more about that? >> made 11 -- in the may 11 e- mail, it states they have started screaming in the counter, which means they were working -- they started laying

in the counter, which means they were working with to buy a porsche. in the photograph, you can see a wall has been constructed perpendicular to the street that has two doors that are the consulting rooms. the counter wall is perpendicular to that, parallel to the street, and has two cutouts that now have been framed in with wood. at that time, they had started framing it in on may 11. they had completed it by, i believe, may 24. commissioner hwang: and you believe that work should have been permitted? >> absolutely. commissioner hwang: thank you. but i would like to follow up with -- unless someone else has a question. mr. duffty? sorry. if the testimony is taken as

truth, the testimony you just heard, would that work which was described require a permit? >> it would require a permit. that is right. commissioner hwang: thank you. president goh: i will start. what is before us are the findings, the adoption of findings. we had given the permit holder an opportunity to have a second bite of the apple and bring new evidence to attempt to contradict those findings.

i did not see credible evidence from the permit holder to contradict the findings. i did, however, and to continue to find that it appeared that they started work before the permit was issued. and my assessment of that has to do with what we have heard in

with what was suggested by president goh. president goh: in paragraph two, this is a suggestion, and i would like to hear what other

commissioners think. at the end of the second line, i would consider substituting "prior to the issuance of the permit in late april 2010 and into may." vice president garcia: i would think that somewhere in power grab -- paragraph two you need the language that a permit was required. they stipulate they started preparation of work. they have stipulated that. the dispute is whether or not that was allowed. i am going to argue that it has not been -- there is no credible evidence. president goh: i am going to ask our city attorney if that is later. i am not seeing it off the top. >> i am sorry. what was the question?

commissioner hwang: commissioner garcia is referencing the site preparation work. he believes the work did not require a permit. that is what he takes objection to, as i understand it. is that correct? vice president garcia: i think you're going to say "without a permit," unique language that it was required. -- you need language that it was required. >> it is in paragraph 2 below. it says it violated city law because it was performed without a permit. vice president garcia: the last sentence does say that. thank you. president goh: ok. further down, three lines from the bottom, parenthetically we have enumerated the very

evidence -- the various evidence we have heard. we need to add the documents prepared for the hearing january 19, 2011, and testimony made at this hearing. vice president garcia: i am sorry. i am not sure where you are. president goh: three lines from the bottom, the parenthetical statement that ends with "appellants testimony." i would add the documents prepared for today's hearing and testimony we have heard. >> with regards to a paragraph to, if the basis of the board's findings of an permitted work includes the building of the counter that commissioner hwang was referring to, that is not referenced in the current

findings. president goh: demolition and construction by city lore -- is that addressed? >> it would be the first section. i think the first and last sentence, maybe the first and last sentence, add that. president goh: ok. >> site preparation, construction, and demolition work at the property. and then at the last sentence, the board finds that the demolition and construction -- president goh: i think am looking at a different version. >> excuse me, commissioners. i have a question about the procedure that is going on. president goh: we are adopting

findings. >> i thought there was going to be a vote first, at two in favor of the permit holder and three in favor of the appellant? president goh: i asked the commissioner of first up we should go to the findings and make changes. -- if first we should vote -- should go to the findings and make changes. commissioner hwang: i wanted to hear what the changes are. >> the board could take a vote on the merits of the case itself, but they did not have to. the alternative -- they could vote on adoption of findings. commissioner fung: commissioner goh, if you are going to continue along these lines, d demolition -- the demolition should be removed, because it does not require a permit. it does not require a permit,

except for certain types, and we have not been able to demonstrate that certain types that require a demolition permit occurred here. commissioner peterson: based on the testimony you heard today? commissioner fung: and on the scope. commissioner hwang: there were pointing at a particular kind of work performed. is that what you're referring to? commissioner fung: the testimony referred to construction without a permit. commissioner hwang: removal of a toilet and replace them without cutting the pipe. commissioner fung: certain types of furnishings are allowed to be removed. president goh: we can remedy that. the first sentence is not a problem. in the record, they began site preparation and demolition work without a permit. that does not say anything about whether or not the site preparation and demolition needed a permit. the last sentence, "the board

finds it violated city law," we could simply say "the construction violated city law," if that addresses your issues. commissioner fung: ok. president goh: moving onto paragraph three, immediately before the -- >> sorry to do this. i think to add it in the beginning -- if we are going to remove demolition from the last sentence, it does not make sense to put it in the first sentence. it is not a necessary part of the finding. president goh: that is fine with me. commissioner hwang: so it would be there is credible evidence in the record that they drugs began cons