he is currently on the permit with mitchell and has been since 2011. what you're hearing is really a spit between two business owners and it's been heard over in superior court and heard before the director of health and it's also here now before you. so i would respectfully request that you uphold the directors decision that mr. mitchell submitted all the necessary paperwork that's attached i believe as exhibit b signed under penalty of perjury and that she is, in fact, the permit holder. >> i have a couple of.

>> i'm sorry as a final note i'm going to say that he's sued the city before based on this board decision to deny him a permit to open a dispensary and this board - is that it. >> this board decision was based on it's not in the best interests of the community. >> go ahead. >> i have a couple of questions is that the standard procedure if the permit is initialed or issued and there's language regarding no grow that it is a thirty days suspension. so what i mean is when this incident happened we'll talk about the first incident they're

not supposed to have the second level not a grow area so since they've violated that is health department to give a thirty day suspension >> maybe the gentleman will know. >> can you introduce. >> i'm ryan it's mapped that article 33 gives a few enforcement options so their sited to a hearing and the director choose to give a thirty days suspension. if the incident happens again, the order is a revocation >> then the other one was there was a loaded fiefrm was it combined. >> during the investigation the fire department correct me if i am wrong there was a firearm

found the same situation. >> at the same time since they were stealing electrical it was also combined. >> there was a fire around december it was all combined and the investigation from the fire department they found the steering wheel of the power and a firearm on site my lawyer asked because of the hearing they gave thirty days and subsequent they did a change of ownership and mr. shep was brought into the permit now, mr. mendez was taken off the permit. >> as other mc ds had violations and what was the actions. >> i have been managing the program in two years and not seen situations i know the program goes back several years i can't think of any other

situations. >> this is the only mc d that had this problem in san francisco. >> in my last two years no. >> so what was given testimony this evening was mr. mendezs name was put it in and the department doesn't have a problem. >> it wasn't put in at the last minute and speaking to the lady when i posted the notice i'm sorry the health directors hearing i let them, you know, during the submittal of the paperwork mr. mendez what about the the structure so i told him you're not an owner but i'm going to introduce you, you're going to be described as being

an applicant. >> okay. thank you. >> questions. >> yeah. i'm confused about the applicant piece. because i think i've heard council state i - are you an attorney >> no. >> the applicant mitchell it was relevant to the public mr. mendez his involvement here with the application seems like the problematic piece and i'm confused about the rfrls it's treated at a nonissue from your departments prospective can you help me understand that clarify why this is an issue if it's not an issue from an application prospective from the director

but for the community. >> he - it is true and i believe the paperwork was submitted to the director and robert mendez was identified as being an officer of the although not holding the permit. >> the applicant was originally ms. mitchell correct. >> correct. >> originally yes. >> at the directors hearing at the point the paperwork and everything was summit mr. mendez comes into the picture and then put into the record as an additional applicant or co- that applicant is that what happened i'm trying to understand. >> that's part of the packet of information that is submitted

along with the articles of incorporation of the different forms that are signed. i do know that for example, mr. shep at one point agreed to keep mr. mendez on as an employee e.r. consultant so the two relationships have flip flopped to a certain extent over the past year and again, i would say that's why and who's the applicant it's ms. mitchell; right? >> right i why are you saying anything about the employer versus the employee. >> i'm not sdrurg employer and employee i'm saying that mr. mendez had already been part of the cooperative.

>> okay. but right they're both involved but at issue the permit at issue relates to whether or not it should have been providential permit issued the applicant for the permit was ms. mitchell. >> right. >> the entity includes mr. shep and mr. mendez. >> right and the various members. >> and that's what is before you so mr. shep is shaking his head when i see that i'm needing clarification. >> i'm not at the directors hearing. >> i'd like someone to clarify. if you're finished with our rebuttal >> i won last question. >> i have a question too.

>> we can skip over that. >> during the directors hearing for example, this evening we have a lot of public against mr. mendez. during - and i don't see anything for mr. mendez wellness clinic 33 at the directors meeting when was the audience there >> there were supporters in opposition and a hearing with the same turnout as well. >> thank you. >> that's one of my questions. >> you do background checks an applicant. >> correct. >> and on this case who is the background done and what's the scope. >> in this instance it was only on terry are a mitchell and again what's the dependent e stent of the background it's

criminal. >> the defenders and if a life scan had been done on mr. - >> anything there's a subsequent arrest i'm getting the information and nothing that bars him from the application. >> are you folks out of questions. >> is the directors hearing televised? and it is not >> is it recorded. >> it's recorded. >> if what form. >> the reason i pause is because i have a convicting but it's recorded.

>> i have the convicting. >> thank you. any questions commissioner moore >> you have questions for the attorney. >> i'd like further clarification on the issue of who's the applicant to the extent that has my materiality with respect to the requirements for the issuance of the permit. >> so the applicant is the individual seeking the change of ownership in this case it's - >> a change from what to what. >> terry are a mitchell seeking to remove appellant from the permit. >> okay. >> permit holder. >> so the applicant is within who is the applicant question and it includes mr. mendez does

that include mr. mendez as an applicant i heard our colleague state that. >> yes. >> at the directors hearing it it was represented that mr. mendez with an was an applicant. >> it was represented. >> i think you said applicant. there is a difference i want to know the definition >> ms. mitchell is the only applicant i added mr. mendez at the time he was the ceo of the wellness incorporated. >> macro him and but taking care of are a is the applicant she prepared to want director but she was standing with her. >> earlier today within the last 15 minutes you stated he was an applicant i want to know

if there's rfrls for issuing the permit if mr. mendez was an applicant without having impact of the legitimacy of the impact. >> i assume there would be if, in fact, he has neglected to identify himself as such because if he goes through the initial documents do we provide workers' compensation insurance do we comply with agent provisions of article 3 the applicant signs all those under penalty of prejudice. >> okay. thank you. did you have further clarification on this question i'd like to have that >> this is the

cds it's 17 minutes is clarifies this issue dph seems to clearly add mr. mendez as an applicant the relevance is even if they met the requirements of article 33 your jurisdiction is broader with respect to who controls the entity. >> i'm trying to figure out if there's a deficiency in the permitting itself it you could put up that cds i'll be interested. >> i don't have my computer here. >> i'd like rather not hear it

for two hours. >> i'd like to have that hearing on and played and the other relevant part the permit was issued to the wellness center for the co-op and mr. mendez litigations himself as the cfo and ceo clearly he was in control of it and signed the lease subsequent to mr. shep that increased the rent you don't need to decide whether or not this was correct or incorrect he is in control and he was listed by dph as along with terry are a mitchell as the

agent. >> commissioner it is additional testimony and i understand that i do too i suggest we go into the discussion and because i post a different scenario if i may. >> okay. >> you know it's quite clear all 3 parties are telling us whatnot to look at, however, they've not provided what we should be looking at and it's not provided going through the materials exactly what occurred on the resolution of all the criteria for the directors decision so my suggestion i want to hear or see the recording of that and start from that as a point and place the pieces of the paperwork into

a proper format. >> i'm not quite following. >> there's a cds recording i'm going to lints to 2 hours and something. >> you want to continue? >> okay. >> i'm comfortable i feel similarly. >> there's only one position. >> i'm comfortable i ago that many of the requirements that i would otherwise expect to see it comes down through. >> and it was not clear. >> i agree. >> so you going to make a motion. >> maybe folks disagree. >> i believe - i feel strong with the public shows up here but there's gray material on board of directors if i made a decision now it would think is

mr. mendez what have to be an applicant not just anyone on the side. i think the public has indicated that by i would go along with commissioner fung's recommendation to continue that >> so you want to go about the city says her tape is not audible. >> is there a transcript? well, there's one and if everyone gets to hear and it hear if it's an authentic hearing >> i believe the department should supply that. >> do you have an audible version and they don't. >> i have an audible version from the department.

>> she's indicated hers is not clear. >> it's not the highest quality and would all the parties suspect to the authentic site of this. >> and we'll get it from transcript. i don't know there's transcripts that exist >> we'll september t - accept the audit version. >> so to allow the department to continue this so get the cds for the board members consideration. >> is there any other documents. >> i would allow them a short if they choose 3 pages to summarize whatever positions they want. >> coming out both sides. >> all 3 sides and one thing

about the permit. >> i'm sorry, i don't have permission to speak. >> 3 page if they can't write it in 3 pages i don't want to see it. >> with inhabits. >> no. >> no exhibits. >> and do you want those briefs smaept. >> those with about fine. >> what is the appropriate day madam director? >> we are currently calendaring and we'll request whether or not it's in or not. the board is calendaring new cases on october 8th. our calendar prior to that are full >> october 8th or the falling

15th. is that appropriate for all 3 parties? >> please come to the mike. >> obviously we'd prefer it to be done tonight but i know that mr. shep has to have surgery and will be out of commission at least six or eight weeks and require additional recovery time after all. so >> the 15 accounting will be 3 months from now. >> that's fine. >> you didn't kg agree to give up the permit. >> we understand your position. >> mr. purdue. >> i'll be away from the 23rd to the -

>> the 29. >> the department october 29th. >> s ms. carmichael. okay >> into the microphone please. i couldn't hear you a 3 page commission on. >> whatever you want to supply us. >> any additional information you want to supply to the board to be considered. >> thank you. i'm going to move we continue this until october 29th all parties may submit up to a 3 page belief with no exhibits with the condition that the audio cds be provide

>> the dvd coming from the dph. >> i'll ask the department to provide is. >> they don't have the transcripts. >> they noted no to that. >> is there a date of submission. >> thursday prior to the hearing. >> okay. so again, the motion to continue this motivator until october 29th did public hearing has been held to allow the time to get a dvd for the hearing and additional 3 pages no exhibits all due thursday prior. >> sxhapt. commissioner president lazarus. commissioner honda. thank you. the vote is 4 to zero this matter is continued until octobe october 29th.

commissioner president lazarus there's there's no further business. >> we're adjourned. >> thank you. >> good afternoon, everybody. thank you, everyone for being here and i want to thank you for joining me and the board of supervisors for this special occasion to sign our next two year budget 8.6 he million dollars this city is worth it. it is as i may say an historic

time and budget navigate as i signed this budget i'm reminded and i think the supervisors know this as well it is really the first time in 6 years we've had a budget deficit under $100 million the supervisors feel it as we've gone to every district and 4ri7bd to the needs of the district and make sure the budget reflected not only citywide values but our neighborhood as well i want to thank you president chiu and supervisor farrell all the members of this year's budget committee who are standing here and the entire members of the board of supervisors. i want to thank and department heads many who joined us in our neighborhood and thank the commissioners for your hard work with checking in with our

department heads to make sure we're producing this budget this year's budget reflected a lot of good hard work between the city government and the people we serve we've should with our city family and left-handed to hundreds of community leaders and the people that get the work down you our labor force they were a great part of this year's budget we should to get the contracts with literally all our city employees thanks to our labor leaders this is a strong reflection of carried out services i want to thank all the elected officials not only do we represent the department argue as elected officials they give us a lot of good advice well

beyond their divisions. twoeth together with the board we've made smart investments and the budget is fiscal pursuant that is a keystone to our city we've increased the services to our recipe are the input they've been critical in transportation and education and our social net and infrastructure that is recorded in the cost of living increases we make sure we did for our nonprofits and their an incredible part of our delivery we've made fair wage increases to our city employees an, an historic investment in our housing. i would say i think we all truly building that the big challenges

of our economic challenges are behind us but we don't want to deviate what is has gotten us here to be the fiscal success the continued commitment to our fiscal responsibilities to make sure our budget balances all the needs of diverse communities and we'll continue to invest in our infrastructure and most importantly in the people one hundred percent of all the people in san francisco. again thanks to the board for working together with us for creating the budget. in his second year supervisor farrell thank you for your steadfastly leadership and commitments to building this collaborative process (clapping) i want to say thanks to dan roman field to make sure not only his capacity as controller

he keeps us on a due course (clapping) and the people that helped me to make sure i've got all the issues in hand and that's my chief of staff and kate howard both from the controller's office and the mayor's office for their excellent work thank you very much (clapping) budget whiz wards i call them. but i'd like to an opportunity to specially niefrt david for a few words he's been watching this in his district and the whole board of supervisors. supervisor david chiu >> thank you mr. mayor just a couple of words first of all, those of us who were here when i

came into office we had half a billions of we were debating whether to close down first stations and trying to figure out where to cut hubt i publicity and services i want to thank dan roman field in 149 we passed two year bushlt. >> hydrahave a healthy budget due to our budget wizards i want to congratulate us was likely the easily budget to move forward because our economy is healthier but we're working together to fourth our top priorities and what we're going to invest in i want this