point out that here it says you have to meet the standards city standards right and so why didn't you put that in there when you meet the city standards it's fine. >> we don't have the authority to recycle someone's right to appeal and essentially this exists i think to our previous question what's that. >> codi codify. >> to your previous question we're not changing the legal rights of restriction either the community or developer those are essentially staying the same we're restraining order trying to approach that on the front end if people are more cognizant of whether or not this is appropriate for the neighborhood frankly so be it that's the objective to make sure we're having this communication so the

venues and people are with your of it and that is hard to agree with commissioner melgar. >> so you have questions. >> well done. >> commissioners i was going to as interject this thing about putting more restrictions on the developers to you know deal with the sound like proofing in the past a lot of the venues were impacted because the onerous was put on them i don't know the exact history of the independents but going back to night clubs like slimdz they took over a warehouse that was brick there was a lot of clubs in those industrial areas and the onerous was put on them so to me if i'm going to be bias it is fair to

put it on a brand new developer he's putting up a new building it is easier to improve because the codes have that be improved to work and a brand new building then someone that occupies a warehouse for 20 years and try to you know sound proof his warehouses now so the complaints come in i know a lot of venues a lot of money on sound proofing their venues. >> to the commissioner, i was one of the people that spent a lot of money sound proofing any business and it was impossible in many cases different levels of what is sound proofing and

what isn't mr. johnson this is a good piece of legislation would it be possible that somehow later on down the road to see how the process is working really seeing if it is working in terms of the communication pays off we need to hear back an unusual we hear from the staff that people are exclaiming about this piece of legislation you guys tabbed two years ago we'll getting push back on certain legislation we passed that but your intent not to make it a hard process those are the types of things that concern me what you're trying to do here i get it and to this town is the backbone the entertainment it is

important probation officer to protect those businesses thank you for coming this morning mr. johnson. >> thank you. >> to our director any staff response to this? >> i don't think we have is are service here they already go through the you know co-advisory committee to discuss this issue. >> but we don't see any problems. >> no i don't think especially for new building for existing building we may have big problems due to sound proofing the new building you see from the registration we're complying with the state law and everything. >> commissioner walker please. >> one more question an existing buildings we have usually if there are already in

one of the entertainment zones they've been in especially the law projects but is there a way - it is difficult to sound proof existing buildings but is there a part of that that that is a if you live near and venue you can't complain (laughter) your we're going to start this whole debate all over again. >> there were protections offered to venues for older buildings that are there or no do we just - >> are they're currently or under the legislation. >> curling are there protected zones around entertainment venues. >> i'll defer to director kane. >> good morning jocelyn cane entertainment commission your. >> (repeated.)

>> the constitution of the united states. job to deal with the conflicts i'm hopeful this legislation will cut that down substantially i lost my mind when i look ated the pipeline and the city across the board mayor's office and everyone says we need new housing we have a problem and no one is anti development but we've never had the opportunity to have those communications this legislation is at the very early early start of that as far as like are there protected no that's going to remain our job conflicts will come and complaints will come at least the early communications noted across the board will help to reduce that because i always say this will be people that want to be right and people that want to

be happy in san francisco we mostly want to be happy and if they're right they may not be happy and welcome to my world and yourselves too but ideally we'll create more people happy and remarkably in their exceptions don't that make sense. >> i know you all sort of determine the priorities around those complaints and stuff like that so it seems like those code defying, if you will priorities in supporting entertainment venues that help across the board as you hear those cases. >> i understand how groundbreaking this is i don't believe this prevention is frankly in north america i communicate with people all over the place and this is developed and so lord help us we know know

what we don't know but south america coming back to you and hopefully, this will get done and signed by the summer we'll start to do those areas my intention is obviously to have the conversation and our commission will never out right say we don't support i mean, i was very surprised this is not the point the point is i believe that vendors will come and have their eyes on and generally supportive of the things recommended but to be clear it is recommendations only the law is the law and the planning department and your commission have all the rights and responsibilities and powers that you will continue to have and it explicit change anything it allows us to have a new set of people in front of our

commission that sleep through everyone weekend and it's probable a good radiation as you see the new technology that is available for sound proofing we had a fact sheet to hand out to people. >> around those areas. >> one or two people on the commission are experts of sound but, yeah anymore information certainly technical information from your department would be fantastic and particle projects to commissioner walker projects that kind of get it right so standards could be set based on around that. >> exactly. >> as a builder i want to do the right thing but. >> the gold standards for sound progressively entertainment. >> yeah. yeah, and we really, really enjoyed our apology.

>> thank you you can use that. >> great thank you, mr. mr. johnson. >> do we have any public comment on item this item. >> seeing none, may i have. >> motion. >> motion from the commission. >> i make a motion that we recommend this. >> second. >> okay. >> okay president mccarthy commissioner vice president mar commissioner mccray commissioner melgar and commissioner walker yes, we'll move that on tuesday. >> our next item. >> if i may madam secretary there are people that want to

move to item 8 take it out of order so if there's no objection supervisors i mean commissioners i'd like to do that okay. any objections? seeing none, we'll now hear item 8 discussion regarding the concerns with the removal of debris from candle stick park and i believe there's a presentation >> good morning. i'm sherryly with the clean air initiative at candle stick and dr. thompson will make the case regarding the dust and the asbestos concerned and the dust and as much as we have at the candle stick stadium

issues that dr. tompkins will be reporting on today, the location of the dust monitor and the effectiveness of the dust monitors and the number of monitors installed and if their installed correctly and the proper reading of the monitors so we also have mr. andrew graft from the golden gate law school to speak to you regarding the statistics so far that have been gathered from the monitor and the community has not had access to that information except to the public information act that is requested through the law school we're concerned that with the high reach etc. vacation of the park at the same level as the

community we're concerned about this asbestos and the dust that will travel into the neighborhood and we do not have a asbestos monitor or a dust monitor that place in the neighborhood as a buffer to give us the reading hass as to the amount and the focus of the neighborhood is being had from the demolition and the dust so i'm going to - we also have ms. marilyn from the visitacion valley and also another colleague we'll be speaking to convey you you our concerns about the effectiveness of the monitor and that's required we continually to come before you to address those issues and

hopefully by now if we can get this right to protect the community while this demolition is going on it will be a great thing to do because to get this wrong is consistent but if we get it right we'll protect the community that will be the right thing to do i'll bring andrew graft from the golden state law school to come and let you know what he found and have other speakers and dr. tompkins kins for our final presentation. >> just so you know everyone will be allowed 3 minutes. >> good morning, commissioners i'm andrew graft with the golden state law school clinic at the university i work closely with the community members on the

dust issues with the candle stick demolition so we submitted public record for the department of public health i know that many of you have received the letter regarding the enforcement of the dust control plan that is so on and so forth the requirement that the demolition control dust and under the dust control plan they have an independent elevating evaluate our that talks about what is going on regarding the dust emissions and some of the materials we've been ref under the public record act requests the independent evaluate our says we've received so far none of them are signed we're pretty concerned about what is glen

eagle being down regarding enforcement we want to ask the commission to use its authority as for the permit which has the dust control plan to enforce the provisions beginning evaluate and monitor the thanks or things that are going on other candle stick park. >> so a lot of the problems we have with the community is that this is not just a justice issue and dr. tompkins will address some of the concerns because this is a large project that emits a lot of dust we're pretty concerned with the enforcement of that dust control plan i'm going to turn it over to dr. tompkins who will talk about some of the concerns. >> just before i go i have one question you said that the report were given to you not

signed by the independent person; right? is there a reason why they're not signed. >> we've been working with the department of public health on those issues we're not just coming to you guys with our protons they've brought our concerns and done a record request to ask to see if they're changing their practices we're concerned those those things eyes on the project we're enforcing who's already in place although there are problems with which is in place one of the things we want to address using our authority to monitor the oversight and the different control. >> the reason so - so when the reports is are done they're done on a weekly basis they should come to you for review and signed; right? so their completed; right? >> the way it works they

inspect on a daily basis and weekly they're to submittal to dph we've reviewed those to the public records assess and got about two weeks' worth of requests and none of the check lists were signed they didn't have enough information and seemed like they were not up to standards probation officer that would be like an independent evaluation we're working with dph but again concerns to make sure it is being properly watched and all the dust rules are enforced. >> thank you. >> thank you. next speaker, please. >> good morning, commissioners i'm dr. is there any public comment? kins it was my last time i had the privilege of speaking before you that the city was supposed to prepare a presentation to the commissioners therefore if the city has

presented a presentation i'll defer my presentation to you so that i don't waste the commissioners time open regurt issues on the report so up defer that the city is property presented my fellow city colleague have appointments i'll go last in the presentation and defer to my colleagues in that thank you. >> so mr. secretary do we have someone. >> we don't have someone from the city unless dan is he here. >> or dph. >> yeah. it - because it's a public health issue i believe we're spending e sending sending out

an inspectors. >> i was asked to investigate the candle stick demolition and we spoke with the health department deputy curbing and senior inspector joe duffy and the inspector went out to the dust site and go over the plans with silver rod who is doing the demolition for candle stick and going over the dust plan and monitoring it to date i have the district inspector from february he goes out there think a daily basis so i haven't been to the job site to check to make sure they're doing the watering for the project there

as you can see there's two how's that are doing the demolish for the construction site to make sure that the proper watering is done and the proper procedures are being followed as far as the health department with deputy curbing the portfolio was there and we've notified to verify the complaint if they have to if there's a violation with the dust control plan we to date don't have a complaint from the department of public health we're going out there on a daily basis. >> commissioner walker. >> who is responsible for taking the leveled and monitoring that and reporting and signing the report and 56

the map. >> okay as far as the dust monitoring the area quality control is doing that and working with the health department we don't have jurisdictions over that that sets the monitors and observes the monitor what we do on the monitor i was told their constantly moving them and if that's not happening what role do we have if the monitoring is not done and someone tells us do we have a role. >> the air quality control has jurisdiction over the 0 monitoring but if the dust critiques restriction the health department notifies us. >> we'll issue a notice of violation or something like that. >> we'll investigate it.

>> okay. >> so the eventually thing for us to go beyond this point we need a complaint filed and we will investigate the complaint but if the department of public health files a complaint or defers a complaint or we get a complaint we're having an inspectors out there on a daily basis so their out there and mr. duffy is out there periodically we have the district inspector k3w0u9 to the job site evidence. >> are we empowered to ask for updated reports if on the public record is not indicating they're available and the health department is the one that works with the air quality management they monitor the dust control so we do not as far as dbi monitor those reports we work with the

department of public health on that phil they'll have to let us know g if there's a violation of dust. >> okay deputy director i want to be mind fellowship full that people want to speak we need to finish up with the deputy. >> commissioners. >> i'm not clear on the proper you know pments so if a members of the public not the health department feels like there's dust in the neighborhood maybe things are not monitored properly than the proper process would be to make the complaint to the health department. >> per our communication through an e-mail but a complaint calls the department of public health we'll call dbi and a dbi inspector will verify if we have the visible dust

that's at confusion i had with the housing authority they received if our office receives the complaint we'll contract the health department to discuss it. >> commissioner vice president mar. >> thank you for sending an inspectors out there since we're out there anyway shouldn't we be looking for visible dust you've mentioned the other thing about the monitors because the - so i one of the reasons i wanted to inspectors out there i know we can't canvas the whole neighborhood but at the same time, we issued a permit for the don't guess we can make sure that standard or correct demolition practices are being followed so i wanted to make

sure that the contractor whoever is doing the demolition was following the correct demolition procedures that includes the watering i'm sure our inspector has connected for that are they responsible for making sure the dust monitor are in place and the contractor have been moving them to cover more area can we make sure those things are actually working. >> i don't know the contractors are working on the control dust from the department of public health it is jurisdiction over their monitors. >> it's their monitor. >> they're working with the location with the area of construction or obligation they have control of the monitor we're working with the health department if there's a complaint to respond to the complaint this is a list of the district inspector i contacted silver rod

contradiction and goes out there an daily basis their observation their water with the don't guess and kind of identified the ear they're working only this is the log he provided me and continue to have the district inspector 0 out there on a daily basis. >> commissioner walker one more issue around the deficient reports is there a way to send a message to the folks doing the reports. >> i'll reach out to the health department and staff there because you're concerned about the reports. >> we don't monitor building inspectors the dust control was worked out with the health department. >> i understand but - >> their monitoring the site besides the health department. >> the public needs to know at

any point they can file a report with the health department but it's a valid issue if you know we're requiring monitoring and reporting but the information is insufficient or questionable their needs to be we need to have that data available as well as four ourselves and the public. >> go back to the. >> next speaker. >> i'm i'm jew i can't thank you for hearing our concerns having someone out under from the department of building inspection typewriters a difference on the amount of water they've covered the dirt piles what really the big thing that needs to happen we need to know the dust monitor are

installed and the asbestos and the dust plan equals u falls under the deploying complaints don't need to go through dph before dbi so we need to know that all 78 - well, we found 4 monitor out there we've been told 2 more but their invisible and two more in the residential area that is high-up by thees evacuates we want those monitors so of them don't have monitors we need to see them ourselves and we need like know they're there and have the constellation overseen by a third party person so saying it is done properly and get reports on the asbestos

and they only currently have asbestos report i have no idea asbestos monitors 1, 2, 3, 4 i can find 3 i'm getting reports on 4 i don't know if their elsewhere to those in kind i need to know what the reports are referring to and 7 monitors particularly for end dust for a total of 14 monitors and a third party monitoring if we're getting that then he knew we're safe so it is clear we want the reporting to be done well and the monitored installed and installed properly then we know that everybody is doing their job; right? that's simple so it should be simple we shouldn't have to talk to the