applicant, in this case the appellant, received that information. during our routine inspection, my inspectors also mentioned it to the operators the need to display the products properly and the need for them not to sell to minors. the tobacco-free projects also mail out reminders every year to all the establishments. president goh: do these materials indicate that for a first offense it is up to 90 days? commissioner hwang: the attorney suggested this was a cookie cutter penalty other people

receive the same penalty. can you address that? >> the department is very, very sensitive about this issue. i think the department has been very fair that if it is your first offense they do not want to go to high, and therefore they allow 45 days. in some cases where there is a compelling reason to go lower, the department has done that. but we want to be consistent. we do not want to water the lawn down. we found this was very adequate. commissioner hwang: as to the other matters that were before the department, it was for purposes of consistency?

>> there could be some cases where it was the second offense and the penalty was much higher. i cannot say that everyone received 35 days. >> is there any public comment? seeing none, we will move to a bottle. -- to rebuttal. >> on the day that i was there, of all the people, on the first instance, regardless of circumstances, the same penalty was handed out. there was a statement about the reduced revenues submitted to the board. they said the sale of cigarettes was about 10%, but

again the cigarettes generate revenues in all the other items for sale in the store. the individual that sold the cigarettes is no longer employed. there were the notices of what any employee of selling cigarettes would have to look for in terms of the date. they were up. the employee reviewed all of the restrictions that must be checked in order to sell cigarettes to a minor. further, i believe it is the testimony of mr. avef abdelhim that he was not ever notified about what the actual penalty would be. he does take responsibility for his employee for the sale of cigarettes to minors. i urge you to consider again that he has been in business for 37 years without one complaint,

and that there is a discrepancy in the dates. have you ever come up when the department came to you for an inspection -- were you advised of what the penalty would be for the sale of cigarettes for a minor? >> they did not show me a brochure or anything to show what the penalty is. i know it is illegal to sell cigarettes to minors, but they never showed me the penalty. i was not sure if it was a fine or something. i did not know what the penalty is if i sell to a minor.i did n. i just showed the law and what to do.

commissioner peterson: what are the policies you have in place to train your employees? >> there is a sign to not sell to minors, period, before even those restrictions. i always believed it is not right. i do not allow them to buy alcohol or tobacco. and i always put signs out there as you walk by the cash register that you cannot buy cigarettes if you are under 18. you cannot buy alcohol if you are under 21.

and they know that. commissioner peterson: thank you. >> i worked at the store with my father. it is a family business. the store needs a family of six. we were not aware of what the fine or anything is in the store. i have been working in the store with my bad for 11 years. we always bring in a sharp team. we checked ids. there are 21 and over science. -- and over signs. commissioner peterson: thank you. >> dr. ojo.

>> commissioners, i think the argument of the appellant is not possible at all. if he does not know the consequences, why tell his employees not to sell cigarettes to minors? secondly, prior to issuance of the permit to operate, like i said earlier, the department gives them all the requirements. i do not know what type of establishment he has. if he has purely a grocery store, this law requires that we inspected twice a year. it is a restaurant -- it is not a restaurant, but a grocery store, but if it serves sandwiches, we inspect more than two times a year. every time my inspector is on site, they do a check for the display and they do make sure that there are signs that you

cannot sell to minors and there are consequences. the consequences are given to them when they apply for the permit to operate. this is not the first year we have been enforcing the law. this has been discussed many, many times. i strongly feel the operator knows what the consequences are. he has heard about it from his friends, suspension for a various number of days for sales to minors. i believe in the 25 days the department is imposing on him is very generous. they were allowed to give him and 90 days, but they gave him 25 days. >> the matter is submitted. commissioner peterson: i found

the citadel -- the submittal had a lack of contrariness and responsibility. at the same time, i am sympathetic to the small business. but i agree that 25 days is far less than what could of been imposed. those are my comments. -- commissioner hwang: president goh: i agree. sometimes we continue to look at the id, but in a case where the clerk looked the id and saw the girl was actively 16 i do not see how that would be relevant to us our council. -- uus or counsil. -- counsel. i will move to uphold the department. >> the motion is to deny the

appeal and uphold the department. on that motion -- commissioner fung: aye. commissioner peterson: aye. commissioner hwang: aye. >> the vote is 4-0 and the motion carries. president goh: thank you. is there any further business? >> there is no further business. president goh: we are adjourned.

>> good afternoon. the meeting will come to order.

this is the regular meeting of the land use and development committee. i am supervisor mar. are there any announcements? >> please turn off cell phone and pagers. any documents should be submitted to the clerk. items not appearing today will appear on the april 12 agenda unless otherwise stated. supervisor mar: thank you. i would like to thank the staff of sfgtv for broadcasting today. >> the plan to reflect the adoption of the mission district streetscape plan. supervisor mar: we have mr. david ellenbaugh.

>> we will give you an overview of the mission street escape plan. the manager of the plan wanted to be here today to present to you, but she is out with an injury and unable to do so. she sends her regrets. the planning department established the city design group about five years ago. the mission was to focus on the design and planning of complete streets that are safe and pleasant. we want to talk about good street design. the idea of good streets are more than places to travel. there also places to linder and live out our public lives. the discussion about making safe streets does not focus just on actions to stop injuries and fatalities. those are extremely important. it focuses on ways to get people into the street and to use them as civic and public spaces.

since its inception, the design group has been committed to getting good results. i think we have been remarkably successful. today's project is one of those. our first street design project is now billed. it is helping to transform the visitation valley neighborhood. the rincon plan included living streets as a way to get linear parks out. the better streets plan was recently adopted -- recently came to the board for adoption. it has become the law of the city. we're working to make sure the ideas do not just like in the document but are implemented. we're working to build a website to pull together all the information about how to build complete streets in one place. we're working with others on identifying key walking streets throughout san francisco. it prioritizes pedestrian improvements for safety and

walking and enhanced connections. we're about to undertake similar efforts. we are working to come up with a street capital group that will coordinate funding for designs with in the city. we're also establishing a team to look at major streets to make sure that they are complete streets. the city designed group has worked on a way to make people think differently about streets. four plazas have been built. parks are springing up across the city. there is fisherman's wharf and jefferson street. we're now looking ed designs for the eastern portions. we have design ideas out for masonic avenue.

we're talking about how to accommodate bicycles on the street. we now have the mission streets the plan that was funded by a grant from the state. we worked with the mission residents who articulated a number of first improvements and projects that are already under way and others that we are looking for funding to implement. with that as the back room, i would like to introduce adam will walking through the major ideas of the streetscape plan. >> good afternoon. i am from the planning department's staff. i have a power point. the general plan amendments are before you today. this is a plan we have been working on for three years.

we're glad to see it coming forward. i will give a brief background about the plan and talk about specific projects that are in various stages of implementation. i will then talk about the general plan amendment and the board action. i am going to stand over here. the plan creates a vision for the improvement of mission streets and sidewalks to make them more vibrant as public spaces, better for pedestrians, and greener. we received a grant from the california department of housing that went towards the creation of this plan and the environmental review legally required to clear the plan. the plan builds off ideas and other plans.

includes transportation chemistry design, open space strategies to mitigate the effects of the new growth in the neighborhood and improve spaces. it creates a list of specific projects to help them make determinations about how to prioritize the development money that comes to them. it builds of a number of related planning efforts that give guidelines citywide. these were a starting point to see what the city was doing already in the neighborhood and how we could build on that and coordinate with those efforts so that we are not duplicating. the plan encompasses the mission district with a spur down to the san jose area.

it builds off of the mission plan from the eastern neighborhoods. there's a policy of creating green at the streets. policy 5.3.7 says to develop a comprehensive plan for the mission district. that is what we have done. we held a number of public workshops over two years. we have done extensive outreach to community and merchant organizations. we have worked closely with our partner agencies in formulating the plan. the plan includes a framework for how we might improve the mission district streets. this was the starting point. we will focus on streets that have a strong identity such as mission or folsom or major connections. we talked about how to create screen connections -- green

connections that connect to open spaces. we talked about how to create public life on the streets, of proceeding, pauses, as sector -- etc. for residential streets, we looked at calming traffic. we identified a number of streets for improvement out of the range of types of streets. we wanted to build on projects that already had some community- driven effort going as well as interagency plans. we wanted to the places we were likely to get funding to build these. -- wanted to look at places we were likely to get funding to build these. we know realistically they would get built over time. there are limited resources for streetscape planning. we wanted to make sure we chose

products that would be competitive. -- projects that would be competitive. we identified 30 specific projects. the plan contains designs for each of these. it contains project-level clearance for each of these. if there is an opportunity for funding, we can go after it and be ready to build. the plans include lane reduction on major thoroughfares and relocation -- reallocation of space. it also includes alleyway and plaza improvements with opportunities to reclaim space and make it vital public space. the plan contains an implementation plan. this is in the back of the plan. it is a timeline for different projects moving forward over time.

it is favored by virtue of not having the funding. -- it is vague by virtue of not having the funding at this time. a number of projects have received funding or have been completed. i will present a few of these now. we have identified specific projects. we have defined them to a conceptual level. we've gotten clearance for them. when we go after grants, the project's exist and are there. the other agencies and the community are on board. they are ready to go. they are able to receive the money. we've gotten over $4 million already to build the projects. >supervisor mar: this is like an idealist that allows you to go after funding to implement parts of this. there are parts that are

already approved. >> i will go through a few specific projects. the first is the 24th street mission park plaza -- bart plaza. bart had a plan in 2002 but was not able to get funding. we rejuvenated that and put it into the plan. it would improve pedestrian access and circulation to the southwest plaza. it would improve the circulation between the plaza and alleyway. it will open up the space towards the plaza and provide some renovations. reply for a grant from the tlc program and received about $2 million. here is an artist's rendering of what it might look like. supervisor mar: supervisor

cohen has a question. supervisor cohen: 1 concern of people in the mission district is the lawyer train that goes on in the plaza. are you taking that into consideration? >> the overall goal is to increase activity and the eyes on the streets of there is a reason for people to go to enjoy the auspices -- to enjoy the spaces. there is not a lot of sitting there now. it is not a pleasant place to go spend time. people are using it by necessity. you do not have people choosing to use it. when people choose to use it, it becomes an active, vibrant space. supervisor cohen: you are basing the assumption on what? >> you can see that in spaces around the world. when you improve public spaces in create reasons for people to go there, they will go there.

if they have to go there, they will go there. the measure of the quality of a public space is whether people will choose to stay and enjoyed the space. the plan does not address social issues or anything like that. it is physical improvements. the idea would be to make the attempt to activate the public space to be used in a healthy, positive way. supervisor cohen: i think you kind of picked up on my concern. we have homeless people laying around. you have got some seniors -- there are a few seating areas in the area. people are just hanging around. we do have to give the area a facelift so that it looks nice and new for a few years.

then what? i am wondering if there is more of a comprehensive plan or if some of the neighborhood partners have come up with something that would quell the loitering and violence that happens on this corner. anderson and is an important transportation hub. i understand it is an important transportation hub. >> that is a key component of that. we have worked with some of the merchants associations. meta runs a market on a weekly basis that creates a reason for people to go there to shop. looking at more things like that is a good idea. that would be the role of the merchant community in the area or some of the other community groups to do so. supervisor cohen: there's going

to be an amphitheater or stage area? >> it was sort of a conceptual design. that was the idea at the time terry of -- that was the idea at the time. many of the issues are related to the alleyway in the picture. you can see there is a big fence right there. it is not an open, visible space. it attracts the wrong element. to open that up and make it more accessible will make it safer and more comfortable. two more specific projects. one is on folsom st.. it is lane conversion from four lanes to treat with a center

turn lane. something similar was done a number of years ago. with the extra space, we would reallocate that to greening and pedestrian enhancements. there would be improvements for the buses. dpw is designing this and going through approval. supervisor mar: i am happy for the mission district. i am very jealous of the money that flows for areas that really need in the city. i hope that we can also seek funds for a supervisor c ohen's district and others. >> this is through the program that the