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

department 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 private tree that's what it comes down to again, i'm really annexed initiated i'm having to waste my time and money to appeal that this is not reasonable i'm willing to put another tree back but doughnut want to keep a tree that costs media and the city liability and cause me to spend a lot more money on maintaining it and the sidewalk thank you. >> >> i've got a question you're willing to replace what are you willing to replace it with.

>> the arborists told me a sustainable laparoreign that didn't have as deep of a root system and unfortunately with the new zealand christmas tree it has invafg root system. >> thank you. >> thank you. >> can we hear from the department? >> good evening, commissioners carol department of public works representing the urban forestry if i could have the overhead just like to show a photograph the tree in question in the the new zealand commissioned tree the location is a climatic condition in san francisco but

this tree looks at fantastic i know the species sometimes gets a bad reputation it can cause infrastructure damage any tree can different trees respond differently to soil conditions this replacement didn't mean that the property owner will not have microscopes in want future i'd like to clarify that while this tree is priflg maintained we consider this part of the public good that's why the tree is considered before replaced it liken to the sidewalk he prove or disprove can't maintain i'm tired of the sidewalk in front of my house and remove it and people can deal with that but it's their maintenance responsibility it's a public sidewalk and trees are part of

the infrastructure and of the public good i will say that the tree has been well maintained over the years and has a good structure we couldn't find any real flaws it's caused sidewalk damage but if he could look at the base here we're proposing the baseline could be expanded because of the red curving curve in addition there the room to expand the baseline and in this direction this is where the sidewalk damage did found there's no guarantee this will not prevent sidewalk damage in the future you're going to find user in the same situation is speculative we know that tree roots are optimistic and if more space to grow they'll fill that space having said that, those

are living things and respond differently so no one can say for sure what will happen we're to protect the urban forestry trees and in this case this tree has good structure and appropriate phone number for the site conditions this is not a tree we necessarily we want to plant in locations in san francisco because it causes damage in some areas and is well adapted to the location so we ask you to uphold the departments decision you is this tree still on the recommendation of trees to be planted. >> yes. because it does well in 9 months climatic conditions

in san francisco. >> careful. >> how old is this tree it's - >> the tree and the height has been restricted not in a way that's riveting be based on the trunk size and again, this is a educated guess i don't know generally like to do this by around thirty years old. >> was this tree planned by the city or by private individuals. >> based on our reports this was planned by a private individual. >> ok. >> thank you any public comment on that item? seeing none, we will have rebuttal sir, you have 3 minutes of rebuttal. >> the only thing i said to add i'm sorry, i don't have a photo of that but as.

>> walk into my office an area to the right the neighbors property is next it that and the water department replaced that square because it was causing the waterline to come up and they didn't replace the rest of it for me but it's already coming up and the nightclub will sue me because my tree is damaging his driveway if he trips he's going to sue me because i'm not maintaining the sidewalk the entry i've grounded the root down because is it is coming up i want to pick my own tree that is not going to cause me damage over and over again. >> excuse me. when you

replaced the sewer lines were they clay tile before and i reminded them with cast iron. >> anything further ms. short okay. the matter is submitted then. >> bureau of the urban forestry knows what i think about using christmas trees, however, i think the question here is the level of damage that's been done at this point it i'm not sure it rises to the level where i normally would allow the prove or disprove to gelled and replace when i looked at the photos yes. the immediate areas of the sidewalk it appears that

the up heavily of the roots are causing damage i'm not about the curbs there. >> i know that tree very well i had a business on that block for 16 years i've passed that tree since 1985 and not a big fan of the new zealand christmas tree i feel this conditioned problem by the property owner should be addressed this is on the border line i think by widening the sidewalk is probably going to be the best shot and as my fellow commissioner asked the previous sewer pipes were of the old clay material that's been replaced to cast iron that should be a much

better set up for that i too would not go for removing the tree at this time. >> i agree small business want to make a motion. >> move to up told her e hold the department and deny the appeal. >> on the basis. >> that the tree is healthy. >> mr. pacheco. >> we have a motion from commissioner fong to uphold the denial on the basis the tree is healthy and on that motion on that basis commissioner hurtado president is absent, commissioner honda. >> thank you the vote is 3 to zero this september 17, 2014, is upheld on that basis.

>> thank you next item item 67 is a jurisdiction request for the subject property the board received a letter taking jurisdiction over the jurisdiction permit which waltz issued by the department of public works on april 2014 the appeal period end and this request was filed on june the permit holder is bell engineering to install a new cabinet it was held as a public meeting and this was upheld to participate in the vote commissioner hurtado i said your h you've received those materials. >> yes. and prepared to vote. >> so the board can move into dligsdz at the las