tv [untitled] January 17, 2015 10:30pm-11:01pm PST
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supervisor yee. >> thank you presidents pretty. first though i think the members of the public who came out today to participate in this hearing. all those also expressed their views and opinions through e-mails. ocean avenue so so diverse avenue with many different interests and needs. for the past few years the local residents and businesses have been very active through the ocean avenue association to revitalize the area. there is [inaudible] on new hopeful on the block on ocean and now just a locally owned hardware store, -- ocean hardware. i've seen a growing population of families and children and understand your
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perspective that we need to attract more family family business in the area. in my office this work without rest of us in the local community to help in this effort. i do share the same vision as many of my neighbors that smoke from a public health perspective, i fully support our cities latest effort to curb the growing trend for mac including [inaudible] legislation passed by this board, -- he cigarettes and vaporizing. is it concern how many young people are turning to this alternative without knowing the full range of cutbacks and the long-term. so, many ways i share the same passion and concerns that several of my colleagues on this board. however, we are not making a decision on the safety of the proposal retail products today. that is not an aspect
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that we can wait for a conditional use. today, we are asked to consider if the planning commission made the right decision in authorizing conditional use of the project. while there are a variety of interest that could be deemed more desirable or even more necessary for the area this project that is coming before us now to fulfill the storefront that was vacated in the summer of 2013 on a block with a number of other vacancies. this business will actively [inaudible] vacated storefront on this blog. since ocean avenue's goals is to have a diversity in business i feel the project does meet the minimum requirements. there are no other stores that did the same description and based on
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the planning apartment findings, this not a saturation of sales of e cigarettes or hookahs in this corridor. based on these facts i do not believe that there are enough grounds to overturn the planning commission's decision. however, credit proposed additional conditions to promote safety and transparency in the area. one of things i try to look at is a concern would be safety issues presented by this alternative [inaudible] so-called alternative businesses on that block. i didn't find any [inaudible] in the spyglass three or four years. so, just to make sure that [inaudible] avec proposed project sponsor install security cameras to not only help to [inaudible] criminal activities and to keep an eye on the neighborhood and
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[inaudible] alert suspicious activities with the police. since one of the conditional conditions of the pool is a six-month update i would planning commission commission to review and verify with reports from the police about an increase in criminal activity , noise complaints were loitering complaints arriving from this establishment. so, i like to make a motion. i like to make a motion to amend item 24 to disapprove the conditional use authorization and to approve with additional conditions. the first condition like to add is to mandate that the project sponsor install a security camera system to monitor activities along the storefront and to keep video footage available to police. the second condition would be to expand the six-month
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monitoring condition and listed as condition number 11 on the planning commission's final motion. during the six-month review of the commission to also take into account verified police reports on any increase criminal activities noise or loitering complaints within 300 feet the establishment. there are associated with projects employees or patrons. so, the motion is really to amend these two conditions. >> okay. supervisor yee has been a motion to amend item 24. is there a second, seconded. is there a second for this, seconded by supervisor avalos. can we take the amendment without -- okay. so at this time that before we take a boat on the amendment to item number
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24 want to recognize supervisor: electric >> with respect to the moment i would offer one more amendment for you to consider. it's also in addition to security cameras motion lights. you can go along way in providing security for businesses on court-ordered [inaudible] >> supervisor yee do accept this finally moment >> exit the finally moment i think that's a good suggestion to ship so thank you. jp amendment without about objection to moment passes. supervisor yee you want to continue to ship sure. i like to make a motion to adopt item number 24 and two table items 23 and 25. >> okay. supervisor seeing none,? has yee has made a motion to adopt item 24 and two
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cables item 23 and 25. is there a second? sega by supervisor kim is a discussion on this? any additional discussion supervisor cohen >> thank you. i just want to stay to recognize the public comment on both sides of the issue that came to share their perspective with myself, my staff the office and that of come in the chamber. as a supervisor who has to deal with an over concentration of liquor stores and other businesses that sell tobacco, tobacco paraphernalia, i understand the concerns of very deep level that the neighbors have expressed. we are i really think were fooling ourselves if we think that the proliferation of e cigarettes in the cigarette marketing doesn't have an affect on impact on our children. we have spent more than a generation educating children about the effects of smoking and changing the social acceptability of smoking. our
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personal i went to [inaudible] and went to school unless i then graduated from lowell in the lakeshore. so, my connection this particular part of san francisco it is extremely personal and i know the ocean avenue -- i watch the scoreboard change over the course of my 35+ years of existence here in the city. so it's really interesting to hear of this conversation how it's matured but i believe that the cigarette regimen of them necessary would determine whether smoking becomes socially acceptable again by marketing e cigarettes as a safe and alternative to smoking. i do believe that we are reversing decades of work and education of this important public health crisis. what's
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interesting this is work our own department of public health has been spearheading and leave. it's really insane here we are in this chamber their policy decision in the planning department saying yes goal for and public health same this is a red five. so it's an interesting how we've come here today and also on to say despite my personal perspective on e cigarettes what is before us today is a conditional use of appeal with a very specific standard. i also want to say, is that the been the sport of the number for the land-use committee dealing with land-use issues for the last four years. so, again avenue lands bringing to this decision. i have to tell you, i make it a practice to exercise the funds to the supervisor that is dealing with whatever issue the were dealing with. i am uncomfortable, but i will have to be in going on record in disagreement with
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what the district 7 supervisor and that this really isn't about whether we believe other businesses on ocean avenue should be selling cigarettes and other businesses who condone on healthy lifestyles. it's about what the project sponsor is proposing and whether or not it meets the requirements of our planning code. i don't believe that this proposal has met the standard for conditional use. i do believe the business will have impacts on the surrounding community. i don't believe that the business is necessary or desirable for the neighborhood and i will be supporting the appeal tonight. thank you >> thank you supervisor cohen supervisor mar >> let me be my best to be as brief as i can with respect to supervisor norman yee i disagree on his analysis of whether this business is necessary and desirable and whether it's compatible with the neighborhood character. i'll just say there's been tremendous letters and petitions but especially coming from slope elementary school,
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-- middle school -- before four-year-old academy that's right across the street st. medius academy and others. numerous neighbors and good associations saying it is not necessary. i think there was a chart will be some of the businesses that sell e cigarettes that are within close proximity so i know it's contested by the project sponsor. so, whether it's necessary or desirable i don't agree with my colleague.. i think the question of who the establishments and the use of the new warming of the stones in the basement of a business to me is a this is a concern of me given the fact that i know we don't have any near enough staff to monitor the new technology and i think from some of the testimony that those who support mr. keyes business -- i just want to say
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i think it's wonderful when a family supported by the neighborhood will start a business -- i want nothing but success for you as i expect that the business will be approved by this body is a was by the planning commission -- i just want to say pink about your babies and the targeting by multibillion dollar industries of his future. the normalization of smoking vaporizing and e cigarettes by your opening the business. i just want you to think about that and to reference rutland gordon from the hillside church choir respect so much for his work empowering people from the ingleside and -- neighborhood, i will just say for equity and social justice i think what we do as a board is think about not only land-use decisions like were making today but also the public health of vulnerable
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low-income communities of color that will be impacted on ocean avenue and throughout our neighborhoods. so, when we pass legislation like the cigarette legislation that slip by use of color or limiting tobacco permits in low income neighborhoods it's about social justice and equity and when derek smith and the great staff in the department of public health give us all the data especially data that shows e cigarettes are not excepted method of quitting cigarettes, nobody except that i think from everything that from thomas gone down to derek and the staff that we work with every day to the tobacco free coalition, it's very clear to us that is very harmful. so i'm with supervisor cohen in supporting the appeal and i really appreciate it: for bringing so many issues and researchers and professors from ucsf bid here with us and our
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spectrally disagree of my colleague norman yee and urge us to think beyond artistic but to think about the implications that are decisions make for the future of our city. i just want to say also the department of public health is taken off a curb campaign will raise awareness especially in municipal and bus stations and keep it out of those i think it's important that music is like my daughter and others are aware but also churches like ingleside presbyterian on others aware of these campaigns so we can support them to raise awareness. but i can but hope that mr. e is successful in his effort at nothing but respect my colleague norman yee from district 7 binary spectrally discreet and i urge on nodal vote on his motion. thank you >> thank you. supervisor ferroelectric shutter >> thank you colleagues. however think supervisor cohen
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and mar this one is shouting to the mainly i think this was after my sister, have a different opinion than supervisor yee does right now. understand the comment of supervisor cohen and mar of the broader effects at the same point, i do believe showing deference to the district supervisor [inaudible] this is one storefront. in district 7. so, today i'm there be supporting my colleagues norman yee. this is his district but again this was a tough one for me because i know that having been my dessert of feel differently that same point in time that was the case of appreciate my colleagues deference as well it was in district 2. so, what i will be supporting supervisor yee motion said >> supervisor campos >> think. i wanted everyone who spoke on this item. assuming appreciate the passion of people who have who made
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concerns about e cigarettes. and by the way connected interesting the new trend of bringing babies to these appeals i hope that continues because q babies were brought to this chamber. but, i appreciate with supervisor mar is saving but mr. d is the think about his job. i don't know about that an issue. i have a lot of [inaudible] because i do have concerns about the proliferation of easiness and actually agree with supervisor ferroelectric this way my district i don't know that i would be supporting this kind of business coming in. with that said, i do think at the end of the day with these kinds of issues, at least for me when it's close and i could go either way, i do provide deference to the district
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supervisor. so, it is out of that deference that'll be supporting supervisor yee's motion. i think this is a tough one and like i said there's anyone who's thinking opinion is that of district 9 i certainly would have a different perspective. as disparate as district supervisor can but i think in this case supervisor yee knows district 7 better than i do and so with that, and i know that in the end we all have the same objective and single year, but i deference to my cocoa be supporting them >> thank you. before i move forward with supervisor yee political speakers and opportunity would happen had before yet to speak on this matter. starting with supervisor wiener >> thank you can position on almost completing your first
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name. congratulations. i don't always agree but i actually in addition to meditate the same position. i also think he articulated my perspective [inaudible] very clearly. i am not a fan of you cigarettes. i enthusiastically support supervisor mar's brother was stationed and i think there's a lot of issues with e cigarettes. some of these eastern that shops i don't think about different than a sum of the head shops that we see. i think in terms of the it's always appropriate to consider whether additional sections are warranted or how we should approach that or whether they should be buffer zone around schools whatever the case may be. but, the rules are -- this is allowed with a conditional use. every
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commercial core door is unique and its unique ecosystem with unique needs and challenges and strengths as district supervisor were all responsible for really understanding those complexities and so when it comes to one storefront and one commercial core door core door in a particular district, the door district supervisor matters a lot and it's not just the blind deference. we oftentimes a time to vote against district supervisors.. this is not some sort of blanket bog was kind of deference but i know that in dealing -- we all deal with the individual very small storefront with a huge
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[inaudible] around it as district supervisor joseph a story to understand in a way all those very different various complexities and unique complexities in that core door so, i am going to support supervisor yee's motion to accept the modified conditional use. i will say, as a supervisor federal supervisor campos i do so not enthusiastically because again, e cigarettes are a problem. it's a growing problem. it's not going to go away. i do think it warrants continuing attention to whether we need additional zoning controls and health code controls to make sure problem does not grow. >> thank you. supervisor christiansen. >> i think that the members in the gallery here is that were struggling with this issue. i
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think you've seen us talking amongst ourselves and try to figure out the right thing to do. we did this very seriously. but the problem i think that is not yours. with two very earnest good of people to very nice groups of people for whom the outcome of this vote matters a lot. it's pretty easy to see both sides of the issue. yet, that you're all the same we wish some other business opportunity for your venture. but the real [inaudible] lies in some ways with the city government or with us with the department in that this vaporizing is that a [inaudible] things of being a surly there going to be you can see them changing. as often is the case, city government regulations don't often keep up with the changes that we see in our society. i think the thing that's challenging for me
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unbearable for this and this can be in headline that i support vaporizing. like my colleagues, i don't. i'm an 18-year-old nephew that's totally into it i know she was out playing basketball or studying or doing 100 of those other things is close to be doing or not hang out in a hookah lounge. so i completely understand the concerns about this. on the other hand, vacancy has negative effects. so to have a strip where you have seven vacant buildings, that means no eyes on the street. no lights on. when it's dark. nobody is looking after the adjacent properties. i know that's not good for a neighborhood either. so, the more tasteful and respectful neighborhood more like the neighbors want them this could appear to be probably the longer it will last. it's also
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important to me that this is not a supervisor cohen in an area where there are already six or eight of these. it's not a peripheral oration could is, first foray. i understood why that's a concern with the type of people it will attract the types of businesses it will attract. i understand that but it is at the moment isolated in a sea of emptiness and of emptiness does not benefit the neighborhood. i think the thing is from a big picture point of view we don't think this is a great direction for the city. i agree with supervisor [inaudible] comment i see the two-year-old baby in a sea kind of the world to live in when he's 18 years old on oprah doesn't involve hang around in a hookah lounge but for me, the little picture is about a small businessman who is invested family money in the enterprise under a certain set of guidelines that existed at the time. the fact that we have
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finally got up and decided to change those guidelines that you found on this activity is not as much your fault as much ours. as the other supervisors have said, i'm a newbie here. so supervisor eat with tics preference weighs heavily with me. and so we taken that into consideration in supporting him on this. >> thank you. supervisor yee >> i appreciate everyone's comments on this issue. the comments of whether supporting or not supporting went through my mind every few minutes when i go to sleep. i do think about this very heavily in terms of what are we talking about when we talk about conditional use and what are we talking -- what legislation what laws do we have on the books that have to follow. we create some recently.
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to basically say that we should -- those that smoke or use these e cigarettes need to follow the same rules that we have for cigarettes. tobacco use. i think it's incumbent regardless of the result of this particular boat that we work together to tighten up the laws that we really want for our cities. it's hard for me to project from this particular when use issue. we don't have the laws [inaudible] the land-use. so, i'm going -- i artie thought about several things that we do -- that i can actually move us towards the path of reducing the usage or at least accessibility of these
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type of items from people. one [inaudible] we have seven vacancies right on the block. if this were to open up as a business today, doesn't mean that by tomorrow would have six more applicants? probably not but there's a chance maybe another one would come up. so it's important for me to look at a legislation to make sure that we do some cover measures in terms of insight clustering just like we did with some places in the city with medical marijuana. so, i appreciate again everyone's thoughts on this. it wasn't an easy decision on my part. i'm sure it's not an easy decision they
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have intimate in a moment. thank you very much >> okay. not seen any other board members on the roster, we have a motion before us to table item number 23 and 25 and approve item number 24 as amendment. mdm. clerk can you please call the roll >> of those i could quick combos i do but read i do put christiansen i can quit. supervisor: to protect supervisor: no felt i could quick came with it i did click supervisor mark click i could quick came with it i wiener i he would take i there are nine i would check with supervisor: mar in the dissenting vote >> this needs eight votes to pass and it passes as amended. item number 24 and item number
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23 and 25 are table. [gavel] that include quoted. please call the next item i should before you call the next item, can you please call item number 35 >> all you exit the chemistry do so quietly. thank you >> think you mdm. pres. item 35 his emotions get in the board of supervisors to sit as a committee be as a whole on january 13 to consider items 26 through 29 in a public hearing to declare the results of the special election >> can you please exit the chamber's quietly. thank you. >> approved by the qualified electors and [inaudible] special-effects limit city of county committee facilities district number 2014 one. transit center and resolution
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repealing resolution 468 14 and authorizing the issuance and sale of a not to exceed $1.4 million special tax $1.4 billion special tax bond. >> okay. at this time, we will open the item up for public comment period for any member of the public would like to speak on this item as to whether or not the board of supervisors should sit as a committee as a whole, is there any member of the public alike to make public comment on item 35? so, could you do so please move forward. or ma'am, i'm sorry. >> ivan called sir before. i'm not offended. thank you. told to understand what this is about. this [inaudible] >> we are going to have public comment for the item but this
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is to make public comment and to determine whether not we should sit as a committee as a whole, can so easily your comments to that >> i think that should be more information jet more information on what this is, what it means >> i'm sorry but i can't engage in that comment >> okay. the good opportunity for you to speak on the item specifically if we determine we will send as many as all >> one of the things i'm concerned about is any kind of money because i just moved back into the bayview community and i'm real concerned with the [inaudible] was there for the people. i also have a concern to the [inaudible] >> man this is not the time to make those comments right now. it's whether not we can sit as a committee as all. there will be
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