went to the shop and told everyone that they were fired and remorphed d and removed $7,000 out of the cash register. thank you. >> thank you, any additional public comment? if not, commissioner borden? >> i don't necessarily want to know, nor is it germane to our discussion, the battle that is going on, but it disappointing that people are fighting each other about medical care that

people need. i don't know enough to take anyone's side in this, but for our consideration, we just look at the facts of the case and in general, i mean, if the health department doesn't have a problem with the applicant, and we're not currently talking about clustering, because that is not just really what our determination is related to i don't see its a zero-sum game. i don't know what is going to happen in the future, but i don't see its a zero-sum game that you have to knock one business out in order for another one to be located somewhere. i just don't think that is the case. i understand that there is a concern that this is indeed true and we have that in other conditional use cases where a bar purchases another bar or things like that, but i always think those kind of anti-competitive sort of behaviors are not germane or helpful actually in the debate. from what i have here, it seems like there is a good amount of

support from both community organization, as well as members in this room. it seems like i do remember the case that was [hrao-r/] until 3:00 a.m. and approved that and testimony about the character mr. shep. we go on faith that people have the standards and do what they are supposed to do and that is what we determine, but pore me, i don't see any exceptional or extraordinary circumstances based upon what we have seen and i hope that everybody can co-exist and work it out and the community can come together as one again because it's sad to see a community fractured in this way, especially in close proximity to each other. >> commissioner sugaya. >> i had a question for staff. sorry you are getting beat up tonight.

public comment group table shows one supporting and one opposed. can you tell me who they are? >> i would like to say for the record, there was no official neighborhood group that voiced an upon. >> and yet they are listed? >> i put "neighborhood" like other people and then neighborhood/others. >> we haven't heard from the ocean avenue association, westwood park, sunset association, omi neighbors. >> residents from the ingleside heights have remailed me, but not official letter from the board of directors. i did a site visit with the

ingleside presbyterian church? >> that is the church almost adjacent? >> it's within the 500'. >> okay. do you know why we haven't heard perfect from these groups? >> i don't know why. >> it seems very strange to me. unless they have given up. i don't know. project sponsor, i know you have done outreach and i want to know why we haven't heard from the groups. >> could you speak at microphone, please >> we did receive a letter of support from mary harris, the president of the omi neighborhood and action group. i thought it was sent to you. we did get one neighborhood support and then the ocean avenue association is going to reconsider.

they wanted -- they didn't want two dispensaris on ocean and they are going to take it up on their next motion to reconsider that. >> and somebody else is having a meeting on the 5th? unless it's that group -- somewhere back in here. >> we have have two meetings lined up with two neighborhood groups that we didn't get a chance to meet before this. that we have talked to the presidents and they are ready for our presentation. >> okay. thank you. >> you might be thinking of the board of supervisors on the may meeting to consider the proposed legislation. >> no, it was in the materials that were submitted in support. but i can't find it right now. in any case n in all the other ones we have

heard from a lot more organized neighborhood groups and i don't know if this is being brought to us premature. i'm just confused and i'm not necessarily opposed. >> most people are concerned about the two other dispensaries in the area and that ocean avenue has gone under a revitalization with the new whole foods, keeping it more family-friendly. that is the neighborhood concern i have heard. >> i would like to align myself with the commissions that commissioner borden made. i think it's not clear what the full story it. it may not influence our decision. i think we want to support these mcds and i think that

there are outstanding issues that may be dealt with at dph and as i understand the planning commission decision actually has to happen before the dph decision. otherwise they would cancel their hearing. commissioner hillis. >> can i ask on the waterfront wellness hearing in front of dph, that is going forward and that is not happening necessarily and has nothing to do with this; right? >> waterfall wellness is having a dph because of owner changes. >> they are not waiting to hear from planning. >> they did want to wait? >> to wait to hear what? >> i think dph has -- it sentenceds like -- sounds like you make a decision on this mcd, which is different from the waterfall, although mr. shepis currently part owner and whether or not the commission would approve this prior to making a decision. >> their issue is about change

of ownership, right? >> that is correct. >> what is the basis of that? are those typical approved? what is the issue? >> i think when there is a change of ownership, they need a new hearing. >> i have a follow-up question. does that require it to come back us to in any way? >> no. if we didn't have the hearing dph would move forward on change of ownership? >> if this was not going to be in the vicinity, i don't think that they would be waiting. >> so for me, this is not -- norman yee's legislation in a vacuum. it's an issue. >> [ inaudible ] [ >> staff, is the health

department here? -ryan, yes >> good evening, ryan program manager of medical cannabis dispensary. i would be happy to answer questions. the waterfall wellness went through chain of owner shapbecause some shep is not involved and triggerered a change of ownership and they have a director's hearing. we are waiting for the decision made for you today so we can have both at the same time and decide at that time if we're going to allow both locations, one location, no locations throughout. director aragon will decide that. >> what are you considering usually in your hearings?

>> operation. we look at the security plan. we look at the history. we look at the business structure. if there is a past history? we'll consider that. we'll look at most of the time, they have been approved in the past, there hasn't been a long -- there hasn't been many that have just sailed through that have not sailed through the process and that is why we wanted both, since they are so linked together, we would like to hear them together at the same time. >> thank you. >> i'm sorry to put you in an uncomfortable situation but that is the reason why. >> is clustering one of your considers? >> it's not one of ours. it's a planning commission consideration. >> i guess i'm confused if the other dispensary that mr. shep was involved in and assuming that was a fine track record -- i don't know what is going

to happen, but i guess i'm not really understanding how the two are really linked. the hard thing for us, we make the decision on the planning stuff and you make the decision on the legality or permit stuff and if there is no reason to believe -- like from a planning commission issue, there is not an issue. and if you had a problem at dph, we might have a problem, if we're looking reflect future for legislation that doesn't exist yet. i guess i'm not really sure what difference this hearing makes on your position. and i guess, maybe -- i am not trying to be complicated here, but i just wonder. >> again, i attend your hearings and want to know what is going to happen with the future of applications.

the hearings are triggered by your approval. if they are not approved tonight they will not be on the calendar for the 14th, but waterfall wellness will be heard on the 14th. >> if cluttering is not a consideration, because this project sponsor is living and doing a new collective, >> this one in particular, the nature of a transfer of ownership, the transfer happened in early february and normally we would have the first hearing, but director of public health richard lee decided that we should hear them together, since they are going to be right next to each other and let you decide if this project goes forward and we'll decide in the permit is

issued. i'm sorry, that is all i can say. >> thank you. commissioner hillis. >> can you stay for one second, sir? we have a clustering issue. it's an issue that has been brought up. we have endorsed legislation to respond to clustering. i think we want to expand where mcds are. we have reduced -- we have recommended that the board reduce the 1000' limit to 500', when i had to hear from my kids' fellow parents at school. so clustering is an issue for us, regardless of the supervisor's legislation, it has always been a issue for us here. we want to know the answer, are you going to approve one, which then would affect us, because then there are no three instead of two? >> the director will take the consideration of the board.

i don't think -- we're working with supervisor yee's office and i attend both meetings on the business and the land use meeting last week as well. so i have collected all of that information and reported it back to my superior. >> so director is planning to rule and if we continue this, the director is going rule on whether the change of ownership of wellness? >> i think we have continued to three months. we have waited kind of for the decision here. i would have to report back. to come to some resolution so we can make our decision based on operational. >> you can make that decision now? you can make an operational decision now regardless of what we do, if we continue this or don't do anything or approve or deny it, you are going to have to make that decision. we don't know the operations. >> true. >> of these mcds, we want to

give more access in different neighborhoods and not have them clustered, but you can make the operational decisions. >> the waterfall wellness is operating legally of the so they are allowed to open during the transition period and since their permit is -- [speaker -- [speaker not understood] if their permit is denied at the hearing they will have to close immediately. >> commissioner moore. >> the clustering legislation being legislation, we are still basically trying to find additional locations under slightly changed rules. where can we have mcds? where can't we have mcds? and we went through the difficult discussion that got commissioner hillis' parents asking, but we still have that

policy discussion. >> i feel like there is a disinclination -- i mean i don't know on the part of the health determine department -- i'm infering to have all of these locations in a block. but we don't have any information from which we get to class. we're looking at one particular case and i don't know anything about the other case. so i'm not making a decision that one is better than the ether, because i don't know that. that is what i think is hard and maybe that is where some the tension is coming in the room, because if there is a predisposition not to have both, then essentially us making a choice may influence that outcome. so that is kind

i'm not sure what is going on here, but that is what it's sentenceding like to me. >> in light of the fact that we have been advised that you shouldn't continue it on that basis, it seems to me you are looking at this as any other mcd on its own merits at this point of time and you have to decide whether it meets the criteria. it's up to you decide on the particular merit of this proposal. >> thank you, that is

helpful. >> commissioner moore. >> i would actually support what the director says as guidance. i have not heard anything extraordinary to put me in the position of not asking for support of this application. if neighborhood organizations would have come out and told us why not, i would have said, let's think about this. but all we have heard is basically economic and competition-based arguments which are really not part of what we are taking into consideration. so i move to approve not to take dr and approve with conditions. >> it actually says -- >> can i ask staff to clarify the recommendation? >> yes, the recommendation is to take discretionary review and approve the mcd with conditions. >> excuse me. >> there was discrepancy.

>> thank you. >> second. >> commissioner hillis. >> i'm going to vote no. i think -- like we don't put blinders on. clustering was an issue that led to that policy. so clustering has been an issue and it's aye an issue here and it's an issue that we limit where the green zone inpt. we have tried to expand it and also try to limit clustering. i would like to continue this some time in june and wait to hear what the health department says because that will impact clusterg regardless of the proposal.

>> commissioner sugaya. >> i'm going to vote against the motion too. i think clustering is an issue as commissioner hillis has said and we can exceptional circumstances since one is 500 feat and another 1' and this is exactly what we were talking about here. by reducing the distances to rec centers and that kind of thing. while at the same time, trying to address the issue of having mcds all clustering together. so i al not saying that i would

vote to continue it based on supervisor yee's legislation. but i think a continuance. so i would like to hear from the neighborhood organizations. i would like to hear perfect all of the groups that are listed in this staff report as to whether they like it, don't like it? think it's okay? have a neutral position or whatever? because i don't want to have a vote one way or the other, and then it goes to the board of supervisors and all of the neighborhood groups come out and say oh, we didn't have a chance to talk to the planning commission about it. so i am very nervous about that, especially given the other situations that we have been in. >> i am thinking out loud and seeing that commissioners have made their preferences known, i think i would prefer a continuance, because i don't

want to - if the effort to make sure there is access to medical care, if dph decided to close waterfall wellness, then there would only be one on the corridor and maybe one serves the corridor. but i feel like the community has come out to tell us that they prefer two. i think we heard that when we heard the legislation and so i just wanted to put that out here. >> commissioner hillis, was that a commotion to continue? >> yes. >> can we have a date? >> sure. >> second. >> when is the dph hearing scheduled for ? >> mid-mai. may. >> it might be good to hear from dph when the decision and any such decision might be

appealable. >> it could possibly come back as cu? >> yes. depending if dph denies change of operation, then they wouldn't actually need a conditional use authorization, because wouldn't be within 500'. ryan, why do you think the decision will be wednesday? >> the second wednesday and decisions will be made immediately, 1:00 on the 14th. >> i want to ask would dph continue -- does dph -- can you say if dph is planning to hear the wellness center issue on the 14th? >> yes, we will i apologize for putting you in a awkward position from dph.

>> so that is may 14th? >> may 14th. second wednesday, correct? >> okay. >> thank you. >> president wu. >> i want to clarify for the public, i have to vote for the continuance, because we don't have enough votes. so basically it's forcing, based upon the preference of other members, we have to continue it. >> for the benefit of the public, a motion to continue takes precedence over the motion to take dr and approve the project ultimately. but you wouldn't have enough votes to approve the project tonight. >> because you need four votes to take dr and approve the project with the conditions. there is say motion on the floor to continue, we just need to get a date. may 22. motion and second to continue to may 22nd on that motion,

commissioner borden? >> aye. >> commissioner hillis? >> aye. >> commissioner moore? >> aye. >> commissioner sugaya? >> aye. >> commission president wu. >> aye. >> so moved commissioners and that motion passes unanimously 5-0. >> to staff, to work with the neighborhood groups to see if they wouldn't come up with a position in the next 2-3 weeks. maybe it's asking too much, but they have known about this information. >> i can reach out to the community groups and ask them what their position is supporting it or neutral? >> thank you, tell them we're asking them. >> i will do that. >> commissioners, if there is nothing further on this matter, that will place you on public comment and i have no speaker cards. >> any general parkway public comment? >> seeing none, general public comment is closed. meeting adjourned.

>> so become everybody this the may first thank you for jefferson city us for the celebration of asian pacific it's the international looibd to

celebrate of the success around the world and may first, it the the state of hawaii with this we have a special, special hawaii culture and the asian panicking american heritage thank you for american ails for the hawaiian airlines thanks to hawaiian airlines. i know that ms. sue thank you. >> happy day. we're going to go around and you know the other neighborhoods. let's go back to the business of 14rg9 the business we have is telling the truth year in the city and county of san francisco many of you know apa heritage is at the national celebration started in 1978 around the

country a lot of countries celebrate by in 1995 we celebrate a special time of the year with the apa family to come together and have our own celebration and get to know each other a little bit better we are troud from 2005 on we're celebrating our tenth year. we're excited it's not easy to start a new tradition we're happy this new tradition is here to stay. i was informed and received a text message that mei was in city hall earlier but had to rush to a medical appointment nothing serious but we're happy to have our past, present supervisor david chiu to welcome

asian heritage month >> aloha. >> and happy mayday and lay day i want to thank you for coming to be part of my favorite moments when is the kickoff of apa i was talking about to comparing canning carman chiu in 2008, there was only one asian medical examiner now i'm honored to serve with 5 of us representing the diversity of our city with an asian-american mayor we've come a long way and may is wonderful to celebrate our east ailing o to our filipino community to our asian pacific islander community we celebrate our history from one

hundred and 60 years ago to this past year to the generations of immigrants and celebrate the leadership if from our developments government and private sector. thank you to someone who's been structural to our tenth anniversary ms. chang thank you for your work (clapping) and claudine thank you four doing it for another 10 years. okay. we're continually recruiting for the leadership i also want to thank the corporate sponsors our heritage champions wells fargo and target and this academy of the art university let's give it up for