madam chair i'm on behalf of the respondent of department of health so this started with the directors hearing so that means the director of health has designated that essentially the health officer of the department to hear those permit appeal matters and that's because article 33 is in the health code this is the health issue. and the remits in article 33 are pretty state your name for the record and the majority of those concerns health issues for example, does the dispensary operate a growth on site do they intend to allow smoking within

the facility do they summit american people accurate security plan those are all health related concerned that can be traced back to the state law the com pack at act you have the director that heard in this matter from both appellant here today as well as the party of interest you've heard from the members of the public he had before him the paperwork submitted by ms. michelle who was seeking to become the sole owner on the permit and he granted the change of ownership. this demands of commentary

papers and forged signatures there's no dlagsdz before you that anything was forged the whole discussion about the suspension of the permit as a result of the fire in the discovery of load firearm back in 2007 that is indeed old history. the suspension was issued for thirty days and there were no conditions attached. during that time period appellant had a relationship with the real parties trustee he was involved. where was he when all this was going on you don't even need to ask that. the entire focus should be on

the directors decision to grant the appeal which was to i'm sorry to grant the request to the change of ownership. if you have any questions? >> commissioner president lazarus i understand the zoning administer wants an opportunity to speak directly to the board. >> thank you scott sanchez planning department i want to be available if there's any questions based on the arguments that have been put forward i didn't hear any questions but to be available for any questions that come up. >> okay. we can take public comment i want to see a show of hands how many people want to

speak the blood public comment can you line up on that side of the room that will be helpful in moving forward the process. the first person can come to the microphone >> mrandz i do have a question. maybe i can wait until after the public - i'm just kidding. i'm thinking on the permitting some of the questions the challenge raised by the appellant relate to non-payment of taxes would that ever b be a consideration from our department >> excellent question no. under the land use regulations the planning department and planning commission responsible for that the medical cannabis dispensary the department is responsible for the permits so that's what's before you is the

permitting of the land use an mc d can operate under the planning code under the pressure view of the public health >> that's not before the public health. >> if they to tinform public hh then in violation of the permit. >> one moment we're determining if there are other people. >> the city attorney is going to ask but we're okay if you want to start. >> 3 minutes. >> okay first speaker come to the. if you would fill out a card and

hand to mr. pacheco it is not required by helps in the preparation of minutes >> good evening appeals committee i'm a representative with the united food commercial union local 5 we represent $27,000 spanning from king city to oregon we represent companies like safeway all the major food employers we were doing a card check at that location on ocean we stepped up to the plate away because they were having the illegal grow and stealing of electrical we didn't want a part of we firmly building in living wage pension and health and welfare contributions and giving back to the community a that's why we stepped up to the plate

away from mission avenue we have other cannabis under the contract that provides for everything i've spoken about and i have one question do i currently have a financial relationship with the appellant? >> with whom. >> greg. >> yes. we have a contract if vallejo he was a cannabis there. >> when you stepped away and trying to do your card check neutrality or campaign effort was that in 2006 or - >> yeah. i'm not sure of the timing but. >> when you were making the effort to organize the shop and at this time was it possible

that state is something euyou might consider. >> sure if the code ethic is followed we're not going to break the rules and regulations. >> thank you. next speaker. step forward. >> good evening madam speaker and board members i'm ed, i submit to you well over 35 speaker cards in opposition to the granting of the license to have the permit to daniel mendez. i ask those in opposition please stand at this point. those ladies and gentlemen, are san francisco residents looking for safe access and not going to find it today at the wellness will i'm a member of the united

local 5. and i'm also the committee chair of the california soon to be apprentice program i too am a collective member anothers waterfall wellness i've never received a notification of any type of board of directors meeting or voting for the new membership we're to be invited and no notification to my of the members hence to this date so i ask you to look at article 33 of the department of health and i believe in the department of health article 33 it does not talk about nutrition in the clause and roberts showed that larry kessler in charge of the permitting was clear daniel

mendez was to be barred with plain and simple and at the dph hearing rob added daniel mendez onto the permit it was not - he thought added on and rob was new to the organization not new to the organization but new to the complexity of cannabis that's an industry we're going elapsing about so i ask you to look at this the fact is you've got an illegal grow and a stolen power and firearm did attrition allow someone a second chance i don't understand. the department of public heartache record and i ask you

revoke this issuance >> we can't have people standing by the door you need to find a seat or go into the overflow. >> we have an access issue if people on this side of the room go to the other side of the room but find a seat or go to the overflow room. >> can i ask you a question and yes. >> other than the prior bad acts let's call them that what specifically would be hypothetical new potential bad acts are you basing our position on. is there anything specific to

date that's more current than things that occurred a couple years ago >> it would be definite. >> well, i could send you to we'd maps it's essentially the yellow packages where to find a cannabis clause if you look at the hostile takeover in january you'll notice the refunds have diminished and there's a thulg mentality so it's available. >> we'd maps and we'd maps. >> okay. thank you. >> >> next speaker. >> people standing by that door need to find a seat please or move away from the door.

>> okay. good evening board of appeals i'm a policymaker for over a decade i want to say in article 33 there's more broad government than just checking boxed so i suggest everybody take a look at article 3 it's a broader discretion today, i'm going to ask you not to ward bad behavior and look at it your decision today and the message it send. i've done a press conference for a parent that operated a cannabis on ocean street he

suffered himself to federal custody for money structuring the wrecklessness from this address transcends who on paper is operating a this collective this has been one of the problematic addresses the violations extend to 2011 and are not just in 207 i want to say that they're the worst on revolved nobody has been granted a permit to consult elevate they were asked not to do this in a residential structure they committed a felon with a loaded weapon and under the pressure view of president obama's

regarding the medical cannabis oversight. when we are looking the current members that are paying their cooperative paying their rent with a $48,000 security deposit to formerly disgraced supervisor east side trust that's concerning to me and there's indications of critically minded maneuvers a touch of con artist try going on here that is important to protect the patients nobody in this room will agree to paying double market rate in san francisco. we should, you know, really take into consideration for patient xoiths i have a petition of

another 70 folks and want to ask everyone here who's in agreement for the patients well-being to raise their hand or stand. thank you. >> >> next speaker. >> i have a question so your concern primarily is the fact and you have to go to the mike i'm sorry. your concern overall is no matter the perspire ownership will be in control of this cooperative >> i'm wondering why the ocean area had the federal interference with money structuring and a resolution that were from people that are associated. >> my question is more like that's in the past our concerned with the new owners it will still be the same. >> this transcends the

cooperative on the paperwork and there's a decade of concerns regarding that. i think that should weigh here >> okay. thank you very much. >> thank you. >> thank you. next speaker, please >> hello, i'm mike goldman i am not in my business relationship with waterfall wellness or greg i'm a member of access of love been on the committee of the medical cannabis when it excited. i found out through that my connections in the community about the connections of the management of waterfall well business ownersness but as a member of that collective i not not informed of the change i thought that was distressing they have a change of management

if you're doctor is retained with another doctor you'd be unhappy people should know who you're doing business with. i don't understand the family business this is not supposed to be business it's about safe access for patients and about, you know, medical cannabis for patient if you don't have trusted providers if you don't know who you're providers are if you don't know know whatever is going on between the businesses this is not about figuring out who owns what this is is this permit a valid permit we c trust this operator to be concerned with the safety of the people of san francisco if we have an irresponsible operator that has been known to have firearms and know fires in this

location i don't know what's going on i don't go inside but a lot of patients do they didn't know it changed ownership other than they're being treated less well and the maps you have to figure out do we want random people to take over a permit without concern for the public safety >> next speaker >> hello board i'm mike. i'm just another concerned patient. i've looked over some things and i don't believe history is history and it stays with you wherever you go. you know, that's like our resume of your past it is who you are

so anything i've done in the past that's how it should happen you can't say it's old history this stuff is in the patients them everyday we're concerned and want a safe operator not daniel mendez at waterfall wellness >> thank you. next speaker, please. >> hello. hi, i'm heather i'm a dialyses patient and resident of san francisco. as the user the derpdz i have two concerns to be treated properly and be safe when i here about fires i firearms i don't feel safe how i feel safe you guys to make the right decisions

because you have our health in your hands i can't make the decisions but i can feel safe if you make the right decisions thank you >> thank you. >> thank you. next speaker, please. >> hi, i'm raul i'm an old hippie it's the boards function to protect the public we say not about greed and about killing people nobody should die from marijuana. now people, you know, nobody is tattoo a gun it's the boards function to protect the public from gangsters entering into this field. if there's a hint of impropriety

that has been taking into consideration seriously thank you very much >> thank you. next speaker, please. >> good evening. my name is paul. i know that there's been a lot of talk in the background will the pettyness and the rivalry that has happened recently, i found american people article in the paper in 2011 that talks about how the cannabis was run before and we know all aspects of business there are good and bad players and greg is a good player i've known him along maybe you have not heard of we'd maps but yelp.

people - my grandmother used to say the more things change the more they remain the same i know of a song some see the light some get saved because they see the light and other because they feel the heat. greg deserves to continue the work he needs to do and i think revoking this permit for this proven bad mr. mayor will be in everyone's interest >> thank you. we'll tank our next speaker anyone in the overflow room who wishes to speak come now. >> good evening. i'm gregory ledbetter i once participated in

constructing the indoor grow guidelines for the city here. i also represent the cannabis policy. i've personally known mr. shep as being an upstanding person and i mean not only in the medical cannabis community but in the community as he's been instrumental in drug rehab for several people in the east bay. i also know nor a fact he's participated in constructing our policies here in the male cannabis community and therefrom i feel that you guys need to relook at the person that is running waterfall well unless at this point. the allegations that were directed to reinforcing greg are

not founded if i look at into it further you'll find out the thugs are holding the shop down. please folks take a look at this and revoke that permit our patients need better service than they're receiving out there. thank you >> thank you. is there another speaker please step forward and. >> good evening, commissioners. thank you for allowing me to speak i first met greg shep a number of years ago we participated in community outreach in the central district when he was working at opening an dispensary in that area as a teacher i unfortunately met

people that needed medical cannabis so fast forward my present experience with medical cannabis is my 94-year-old father-in-law who has a disease i find relieve from medical cannabis we don't receive an effect we get the medical relieve we found we expect a clean and professional well run dispensary and when greg shep was involved on ocean avenue our were met the environment was smokey and messy when the other

person took over we stopped going. there's no room for unprofessionalism when health is the issue. greg shep is the epitomize of the honest medical cannabis provider it's my understanding that greg shep has been given the run run around and it's my sincere hope and belief that the commission will error open the do of the kind of professional we need and president in the medical cannabis field. thank you very much. >> thank you duo do you care to state your name for the record. >> i'm susan tip of the iceberg even. >> any public comment on that item? >> okay. thank you mr. pacheco can you switch to the other microphone if we're going to use that other microphone if you like and hello, everyone.

>> my name is brenda r vi suffer from various medical problems but yo go into that. i was a member of the waterfall and there was a supervisor running that and i can't tell you all the names it got so terrible to bad that i left and i said i don't want to go into there there were employees engaging into their own products so i left and went simplifier i went to ocean street it was rebuilt and there was a person there they were very, very nice i went into the store and explored think medications you can take you don't have to smoke

it you can put it into our tea or bread and butter whatever helped you to eat so like i said i left and came back and walked if and said oh, my gosh i was surprised by the medical professionalism i was impressed to help the other patient so anyway, i something happened i wasn't there are a person called me on the phone telling me do you want to be there compassion person i don't know what was going on so the person i guess has the license now wrote me a letter dlefr my compassion telling me things about what was

going on and i knew there were lying they were calling me on the phone and barging me to be their patient and where i was before they didn't take care of me not only with that but your personal needs make you feel like our at home and everything like i said, i got letters saying things that were not true about the former people working there. thank you. >> thank you. >> thank you any other speakers step forward please. okay >> hello. my name is robert