forbidding. >> i mean local businesses participation in city projects is a winning factor it helms help the business their local businesses they're paying savings and a property tax and payroll tax and normally adhere san franciscans so their bowing goods and services in san francisco it really helps the economy of san francisco grow so its not only a benefit to the project but to the city. the contractors center is 5 thomas melon circle in the bayview area open 8:30 to 5 welcom

>> welcome to the september 17, 2014, meeting of the san francisco board of appeals the proceeding officer is our vice mayor commissioner hurtado and joined by commissioner fung arrest commissioner honda the commissioner president lazarus will be absent this evening one seat vacant on pursuant to the chapter when a vacancy exists they may overrule the votes 4 votes are not required we're joining by deputy city attorney and at the controls is victor the boards legal assistant and i'm cynthia goldstein the board director we're joined by the pokes that have cases before the board scott sanchez that

representing the planning department and jean ask here from 9 department of public health as well as chris buck and carla from the public works bureaucracy you urban forestry and we have the building inspector here mr. pacheco please go over the boards meeting guidelines and conduct the answering in. >> the board requests you turn off all electronic devising. >> appellant and representatives have 7 minutes to present their cases and 3 minutes for rebuttals people affiliated must include their comments within the 3 or 7 minute period the public has up to 3 minutes that are not affiliated with the parties to assist the minutes members of

the public are asked but not required to submit a business card speaker cards and pens are available on the left-hand side of the podium the board welcomes our comments and suggestions there are customer satisfaction survey forms on the left side of the podium if you have questions please speak to board staff before or call the board office loshthd on mission street room 304 between van ness this is broadcast live and sfgovtv cable channel 78 and dvds of this meeting are available for purchase directly in sfgovtv. >> thank you for your attention we'll conduct the swearing in if you intend to testify and wish to have the board give your

testimony evidentiary wealthy please stand and say i do after 23i6r78d any member of the public may speak without this oath pursuant to the sunshine ordinance ordinance or affirm the testimony you're about to give will be the whole truth and nothing but the truth? thank you. >> thank you mr. pacheco commissioner hurtado and commissioners we have one housekeeping the jurisdiction request on randell street that's been withdrawn and not heard moving to our regular calendar item one is public comment for members of the public who wishes to speak under this item for items not on the agenda please step forward.

>> good evening commissioner hurtado and the commissioner my wife and i obtained a building permit on madeline street we're here 2 to 3 the jurisdiction request filed by our neighborhoods just twenty-four hours he withdraw the request and we're concerned and like to take a minute to give you background we moved to our home 9 years ago with great excitement and anticipation to start our family we have two precious daughters 5 and 8 the remodel is to create new space we're 4 months into construction at this stage the

neighbor filed jurisdiction requests even though we've would had many opportunities for those people to ask for a discretionary review dbi is determined our project has been conducted in corners are the plan mr. duffy inspected our site and found no issues mr. mr. sanchez and mr. duffy has said there's no issues from the departments we believe the issues involved are civil and not related to the building code our neighbor complete thaer their own roof and comboechd our property they demolished the roof on july 20th but in this situation the microscope encroachment was enough to stop the construction and they admitted this was not legal

today, our negotiations are stalled because of the architecture we've provided them the plans don't show the flushing because of the property line our neighbors have been unwilling to discuss the negotiations and have filed a second request we need to have a solution and we believe this calls for o a neighbor to neighbor jurisdiction and all along our other neighbors have prauchd our project he understand this board is able to limit the number of requests filed i withdrawn we feel the process it being manipulated to gain leverage in a private dispute thank you very much for

your time. >> thank you jane kim seeing none, item 3 commissioner questions or comments. >> i've invited i'll be missing the meeting of october 29th. >> thank you, commissioner any public comment on item 2 seeing none, we'll move to item 3 the september 10th minutes consideration. >> any added or yiegsz? none >> motion. >> i'll move to approve the minutes. >> thank you any public comment on that item on the minutes seeing none, mr. pacheco call roll please. we have a motion from the vice president to adapt the september 10, 2014, minutes on

that motion. >> commissioner fung president is absent commissioner honda. >> thank you the vote is 3 to zero the minutes are adapted. >> okay. thank you. we're going to call item 4 i want to ask the interpreter to start interpreting that is appeal next youngest boozing vs. the public health department on judy district attorney street for the suspicion of a tobacco sales permit 15 day superstition from selling tobacco to minority you have 14 anybody's to present your case given the

interpretation. >> (speaking foreign language.) >> your honor and commissioners when i sell a pack of cigarettes the margin the profit is about one dollar and as i might see i have already checked with the decoy why would i break the law i would be out and not fortunate enough to please look at the matter more closely and my pleading. >> are you finished?

is he finished okay. i have a question pardon >> okay sorry are you finished with our presentation? >> (speaking foreign language.) >> for a reference i'd like to point out that my serb very limited so i would not dare break the law because with my limited english i would get in trouble with the law that's one of the points i'd like to make. >> okay. i guess my question is that the end of his

presentation if it is we may have questions speeding i have only summarized on paper everything i'd like to convey so i can look at this i didn't want to repeat myself and i also submitted a copy for the surveillance camera. >> yes. we've received that i have a question you submitted a brief a statement from mr. middle ton is he here today?

>> (speaking with the interpreter). >> mr. middle to that is the person that witnessed the incident. >> (speaking with interpreter. >> he was just a consumer. >> you my question is mr. middle ton here? he is not here >> he is not there and he's at work. >> okay. and the statement that he provided you're saying that's his signature at the bottom of the paper july 18th? >> i'm sorry could you speak up, please. >> is the paper you submitted

with mr. middle tons statement the signature at the bottom? >> yes. it is. >> and you asked him to sign that? >> he has to this evening he couldn't make it here so i asked him to make a statement on paper and sign it for me so i could submit with this cocktails. >> and did you ever did the department of public works or the police ever speak to mr. middle ton. >> (speaking with the interpreter). >> on the very same day the

thought incident. >> they did. >> and then they took down his name and other information as well. >> okay. thank you i don't know if anyone else has questions no? >> we'll hear from the department of public health and an opportunity to speak again to the board. >> okay. thank you. >> good evening, commissioners i'm jean young from the department of public works senior environmental health inspector the fact on april 27th the owner of western market

located on judy district attorney street sold a pack of cigarette to say a 16-year-old minor hoa's as recorded the minor walked into the store 0 it he inspected the minors identification and he sold the pack of cigarettes it was the police department that spoke to the customer and that he had questions about not the health department no one including the gentleman is disputing the cigarettes the gentleman is saying the police and minor swapped id and it was determined that the bait-and-switch had no merit so there was no evidence as and dpw

hopes that there is inform misconduct by the police officers or minor under it is the san francisco public health has a reason there is no reason for businesses to sell cigarettes to minors. >> many young i want to make sure our interpreting this part as well okay. go ahead. >> i'm going slower. >> i appreciate that. >> selling cigarettes to minors is a crime and allows the business to commit an unfair business practice tobacco sales ordinance allows dpw to spunt suspend a permit up to 90 days for the first time violators but because mr. on he requested

the id he looked at the minors id and the department did take into consideration the challenge with the english language, the health officer was license number convenient for the suspension of 15 days it's fair and consistent with first time violators or violators that made an attempt to discover the age of the minor i'd like to conclude why dpw is enforcing this to minor cases the u.s. surgeon general had the fact sheet about pretending tobacco eye i do not know young adults the fact sheet states the following everyday more than one thousand 2 hundred people in this country die due to smoking

each of those deaths at least two youth or young adults become regular smokers everyday almost 90 percent of those smoke they're first cigarette bin 18 early vascular damage is done early teens who smoke are not only short of breath today but end up with lungs that not grow to full capacity it's permanent and increases the use of chronic pull in charge disease because of nicotine annexed indemnification the young smoke up into adulthood if it proliferates in smoking a

third will die from smoking so prevention is critical but prevention requires the commitment from the businesses the health department and the police department to work together at keeping i did not get from assessing e educating cigarettes so the department of public works requests that the board uphold the 15 day suspension thank you. >> ms. young. >> yes. >> the i was curious about the reduction behoving yes. >> yes. >> it's rare among those cases where the id is not asked for and it's probably equally rare that the small market

proprietors are fluent in english what brought this reduction. >> well, the - and versus it seems like a fairly traditional nexus of 25 days. >> yes. so thank you, commissioner the health department is consistent when the business fails to ask for the id when there's a lot of youth assessable to the market the suspensions have to be xhvb between 25 and thirty days when the market makes an attempt to ask for id and they might have circumstances the health department considers all information that's provided at the hearing. >> i think are you done

commissioner? that is the first case you've asked for 15 day suspension not 25 why is this the first case you're asking for 15 not 25. >> i believe the most cases for 15 haven't asked for an appeal this is a case they've asked for an appeal. >> thank you. >> thank you. >> thank you any public comment on that item? okay. seeing none mr. on has 3 minutes of rebuttal if he wants to s to say anything else to the

boa board speeding i did check the id and verified that the age of the customer was adult who is legally entitled to purchase the cigarettes that's it why i sold that pack of cigarette to that person. >> (speaking foreign language.) >> i'm also a parent of a minor myself so i fully understand i'm aware that selling the cigarette to the minors is wrong so i would never do that as a parent.

>> (speaking foreign language.) >> as a representative from the t ph they have tens of thousands of people that are dying from the cigarette smoking so i. fully aware of that fact as well i would never i have never and will never sold cigarettes to minors. >> (speaking foreign language.) >> during my business the course of my business in the years i've never sold any cigarettes to a minor please consider that consideration

that's all i need to say. >> okay. thank you very much ms. young. >> so the department does rest its case we stand by the 15 day suspension thank you. >> thank you commissioners the matter is submitted. >> commissioners the on the one hand the cd shows the review of a id it does not provide the definite information on the other hand, we have a sworn statement from the police that it was the same id that's neither one provided the

sanative answer the question is as we've struggled with this trying to find what is an appropriate penalty for a first time this board has never reduced it beyond 10 days i'm prepared to accept the 15 day suspension as an appropriate penalty. >> i agree commissioner after reading the brief and watching the cd you see that an id was checked but not enough it's not clear enough to determine what that id was i have to building in the office eerie understand that is store owner buildings that he did check the id there

had to have been a mistake at this point, i stand by the fact that the health department has not given anything up for less than 15 days so i believe 15 days is a fair discipline for this matter. >> would you like to make no mistake about it a motion. >> move to deny the appeal and uphold the 15 die suspension. >> on the basis that. >> the facts does not support there was a switch in the identification and we believe that although an id was checked there was a mistake made by the store owner and the cigarettes were sold to the minor. >> okay mr. pacheco. >> on that motion to uphold the 15 day suspension from the vice

president on the basis the switching of the identification and mistake was made by the appellant on that motion probation officer to uphold the 15 days suspension commissioner fung president is absent commissioner honda. >> thank you. the vote is 3 to zero the 15 day suspension is upheld thank you. >> we're moving on to item 5 the next appeal micro versus the department of public works everest appealing the denial of a tree removal permit to replace one street tree we'll hear from the appellant please step

forward. >> you have 7 minutes, sir and hi commissioners, i wish i didn't have to go through the process i've owned the property on norway regular it's a private tree i've done everything possible to keep alive and looking well i've widened the tree well and i'm sorry it's funny but but i've contributed to my neighbors sewer line replacement and replaced my sewer lines and replaced some squares the denial of my permit the department of public works said that i should go ahead and they'll give me size will expanding the tree well, the realty there is a water meter next to the elm of

one and a neighbors driveway next to that i can't expand the tree well the sidewalk right now has areas that are already coming up if this tree root problem continues i'm going to have to end up replacing the whole sidewalk and a continuing issue i've had an arrest warrant above the come out they basically said sure widened it to the maximum and buy user a little bit of time and then the same thing over again, i, go through the same exercise to get a permit and the depament tell me i'm liable for people tripping you you're going to cite the square and you won't let me take down the