wiggle room. [bell] you only heard half the story. with the amendments -- amendment of your rule, i cannot fight a response brief. i cannot give the documentation. the supreme court in california, the supreme court of the united states, talking about property rights. i could have given you all of the legislative history. i could have given you everything, and you could have come up to a good decision. that is why i say i apologize. this is a really important issue. it will become an important issue, not just on the sign in the haight. but this is a big issue, property rights. since it has such far-reaching

ramifications, the commission should -- and when they make that consideration have it on the legislative history, which i provided you in part the first time and have provided you now. again, i did not have because of the rules, not being able to address you in writing, all of the errors and misconceptions that are in the respondent's brief. that is all i can say. commissioner goh: thank you. vice president garcia: the findings that say it was a noncompliant structure? >> when the disapproval order was issued, his basis for it was section 604-h, and the factual basis is we did not have a

letter uprising us about -- uprising -- telling us about it. another section of the building code or another section or in violation of a change in voting, so in one sense, what happened here, we got blindsided here. i am looking in my brief about whether this could be pushed on us and basically extinguished my clients -- extinguish my client's rights. this is like alleging a petty theft, and you get into court, and they give you a robbery. that is what has happened. you made that ruling, a complete

lack of a process for us. we had not been appraised of it. we could not answer it, because i am just looking at a 604 violation. vice president garcia: it could be that my memory is wrong, but i strongly to support -- disapprove of 604-h. there was a letter i think to this board that i would feel certain you would have a copy of. >> no, no, we were responding to this board based on the letter that to issue the permit would be a violation of 604-h. no, what i am saying is, yes, he did, and i could not answer the brief. what i think the right of thing

is i have to deal with why it was denied. he only said 604-h. period. and then i get into this hearing, and i am having to deal with testimony. it could have been the trees were hiding it. please, give us the opportunity to respond and do it properly. just do not blindside us. i hope that answers the question. vice president garcia: ok, these are the hearings. you are perfectly aware of that. number two, just to be clear, in my mind, before you came here, the first time this meeting was held, or the last time the meeting was held, because there was a meeting dealing with issues, the last time we were here, which i think was the last time we met, you had in your possession the findings or the

arguments that were made by him, is that correct? >> yes, yes, yes, correct. completely correct. thank you very much for your time. i appreciate it. director goldstein: sir? >> president goh, vice president garcia. department staff. i will be brief. we are opposed to this request. mr. torres is basing his request on the fact that there are circumstances that if known at the time of the original hearing would have influenced the outcome of that hearing. he has not provided any new information. relevant to this case.

much less fact that would have influenced or could have influenced the outcome of the original hearing. what is more, commissioners, this general advertising sign has been before you on three separate occasions as part of three separate appeals. just a few last point in regards to the mark -- to the remarks we just heard. in his own words, mr. torres does discuss the 604-h issue was something that was discussed several weeks ago at the previous hearing. he did provide ample information at the onset of last week's hearing, in addition to is quite thorough briefing he provided in advance of that hearing. we would respectfully submit that this matter has been thoroughly investigated and briefed and considered, and we

would suggest that the grounds for the rehearing simply have not been met in this matter. thank you. director goldstein: thank you. ok, anything from dbi? nothing could -- nothing? i see no one from the public, so, commissioners, this matter is submitted. commissioner goh: comments, commissioners? vice president garcia: as is well known, i am very sympathetic to sign owners, not to use strong language, who get denied without the consideration of property rights as a result of 604-h, but as to whether or not something new has been presented that would cause this board to grant a rehearing, i find that nothing new was presented, and i personally would not be in favor of

granting this. commissioner fung: i am in agreement with that. commissioner goh: is there a motion, commissioners? vice president garcia: i would move that the board tonight -- deny the request for a rehearing. director goldstein: ok, mr. pacheco? secretary pacheco: on that motion to deny the rehearing, vice president garcia, president goh, commissioner hwang. it will be denied. commissioner goh: -- director goldstein: no further business. commissioner goh: we are

adjourned. captioned by the national captioning institute --www.ncicap.org-- >> thank you for joining us. this is the regular meeting of the board of education. i am sorry. i woke the baby. september 13, 2011.

the roll call, please. commissioner fewer: here. commissioner maufas: here. commissioner murase:. here. >> if you like, please join us for the pledge of allegiance. thank you. the approval of board minutes from the regular meeting. any corrections? seeing none, roll call, p lease. >> yes.

commissioner fewer: yes. commissioner wynns: yes. vice-president yee: yes. president mendoza: yes. >> six ayes. >> for the last few meetings all of you a separate hearing that we keep mentioning the state law that requires 7-12 grade students to show proof of a whopping cough and booster shots or they will not be able to attend school. the deadline for the booster shot is this week. that is this thursday, september 14. our middle school and high- school students will be turned away from school if they do not have proof of the booster on file. there are a lot of kids that do not have that brewster.

they have received several phone calls and letters. we sent another notice that was sent to every 7-12 grade student that did not have the shot on record. we also called homes. if your 7-12 grade student does not have this, you need to get on this right away. you need to contact your regular health care provider or call 311 for the health clinic information. call 311 for the health clinic information. we do not want to turn students away from school. turning away students from school is not a good thing. we have are ready messed time due to the reduction of the school year.

we have to get everybody shots. do not be surprised at if you get a call saying that you need to pick up your child to get the booster shot. i do not know how many times we can reiterate that. we looked at the data today and there are still a lot of kids that do not have the booster shots. the doctor will be providing an overview of of the academic overview last year. while there were a lot of good things, there is still a lot of work to be done. we need to close the achievement gap. given the lack of funding for

public education, this has become tougher. it limits our resources to do this. we are showing proof that it is being done. later this evening, we are going to be honoring some of our own folks, people who have contributed to making the school district a better place. waldo will be honored for creating a a better eating environment for our students. and karen bishop, who has worked in this district for many years. she will be recognized for all of the contributions she has made throughout the school years. when we look at these two individuals, i hope that everybody stopped a moment to think about all of the unsung heroes, people like the two that

are being highlighted. we cannot have such a great environment in san francisco if that were not for great people like this. let's start concentrating on all of the great things that people do here. the random acts of kindness that make the school district a much better place for everybody. >> members of the board had received the report on the tdap, the update on the shots. some of it looks like it is going to be a big challenge. a school that has 35% compliance is going to be pretty empty. could you give us this electronically so that we know what these numbers mean? 85% means that there are 20 kids

or 400 kids would be good to know. >> item c is our recognitions and resolutions. there are several people that we will be recognizing. we are going to thank dana woldow for serving as the co- chair of the physical activity commission since 2003. in 2003 , sfusd adopted one of the earliest policiesh. ealth food replaced junk food. the year prior, and she helped form a schoolwide nutrition and system.

she has been an advocate for funding school nutrition and was a recent recipient of the public award for service. we cannot thank you enough for all volunteer hours. we need to make sure that our children have healthy options. i would like to welcome up dana woldow. [applause] >> thank you, commissioner mendoza and all of the commissioners. many people have been working for many years and to improve the food in san francisco.

that has gotten us to where we are today. i would love to see sfusd to take on the job of making scratch coat -- cooked meals from locally grown food right here in seven francisco. that dream is years and millions of dollars away. it will take a new generation of parents to make that fight happen. to all of the parents, if you care about better school food, jump in and get involved. do not wait for somebody else to do it. do not ever doubt that a small group of small, committed citizens can change the world. it is the only thing that ever has. >> the nutrition department has worked very closely about this.

do you want to come up? >> this is never the right height for me. commissioners, superintendents, distinguished colleagues, ladies and gentlemen, it is with great privilege that i join everybody in honoring dana woldow and her service for all of the children of america, not just to our children in san francisco. nine years have passed since we responded to a growing epidemic of obesity and chop the diabetes before other districts.

so much could be said. i am sure you do not want to hear me go through all of that nine yearsd. ana -- years. dana has been there from the beginning. she served as the subcommittee chair. while dana has stepped down from her service, her work in child nutrition has not ended. it continues today at much higher levels. there is much work left to be done. i have had the privilege of working with dana for the entire nine years. i would like to express my gratitude for the work that she has contributed to student nutrition services. not only have we developed a personal working relationship, we have become friends. i wish to stand here and thank

you for everything across the years that we have done together. [applause] >> i am a parent in the district. by last year as a parent in the district. i was a parent at the school in the 2002-2003 school year when it became clear that it was not ok to see children walking around with a 20 ounce pepsi and french fries. she was the one who conceived the pilot project to get the junk food out of the schools. and really got things going. she got approval from the

superintendent. she started a committee, i join the committee. it would not have happened without her. she got thing started and put san francisco on the forefront. now dana has basically moved to a larger arena. she has started a web site. i can never remember quite what it stands for. parents, educators, and advocates connection for help the school for. -- school food. we should have a lot of faith and that this will make changes on a nationwide scale. i just wanted to do that. thank you. >> my name is mark.

i am in the student support services department. i have had the pleasure of being hurt co-chair for the last couple of years. i am happy to see water and fresh fruit sitting in front of the desk. being a role model is important. i wanted to buy some flowers. i bought some succulents. they thrive in a rocky, sandy soil in times of drought. you grow them for the beauty of their leaves that they will produce a bright, brilliant blossoms at some point. that is what dana's work has been. it has been a pleasure to serve with you. >> good evening to members of the board of education. i am what the department of

public health. i wanted to publicly thank her for all of her leadership. you are getting e-mails at 6:00 a.m. and then again at 11:00 a.m. she is making an impact here and also at the national level. people always ask me if i know dana and they really have appreciated all of her writing. we are looking forward to all of the future work. >> thank you. >> board members. >> i would like to publicly thank dana for the work that she has done and the example she has been. this is the best example of how we can do something important because other people help us and

demanded of us at the same time. i have been privileged enough to go to national conferences and talk about the things that we are doing here. always been clear that it has been the community that has helped us do this. this has been my most important example of how policy making is not what we want or what we do. it is about what we do in response as a company. i am so proud of all of the work we have done. i am so proud of all of you. you are not going to get away. i treasure that. there is lots of work to do. with your friends and community leaders, you can do that. commissioner norton: i would

like to echo the appreciation of my colleagues. you have been an example. when i got involved as a parent, you were already in there in the trenches telling us how we could make this better. this year, my daughter started middle school. we had a fight about which day she gets to buy lunch and which days she does not. she wants to buy lunch every day. there is no bigger compliment. thank you for the work you have done and your advocacy. i have every confidence that others will step up and continue the work you have started. >> thank you. i just wanted to extend my warm affection to you as well.

you took the rent -- nutrition task force on much further than we expected. we have had many food tastings. some went well and some did not. your persistence and your commitment to our kids is just overwhelming. you have turned our district on its head. we appreciate all of that. with that, our love and affection and wealth of thanks to you and all you have done. thanks very much, dana. we have 2 action items that will take place.

i need a motion and a second for commendation to karen bishop. i am sorry. you guys answered before i was stunned. this is being introduced by commissioners fewer, maufas, and yee. >> karen bishop has served the students and employees of the san francisco unified school district for 44 years beginning when she was hired as a library technical assistant in 1968 until her retirement in 2011. she has been an active labor leader. and whereas karen bishop worked

tirelessly to support workers and issues of pay equity, fair working conditions, and benefits. karen bishop served as president of the local 790 in 1992. she served as a chairman for the end -- served as the separate cisco unified chapter president until she retired. she was voted the unionist of the year for going beyond the call of duty to protect worker'' rights. it has been resolved that the board of education and the unified school district commence her and thanks report for many decades of service to