n. and maria helps me get him out of the system and to get me shelter cat rescue and a foster home and he is from go to sick shut down cat and he is going to be a very playful and wonderful adoptable cat. and they have established a cat known and in other words, i would love to see animal care and control put up more for adoption. and i simply wanted to say and i think that it is important for the commission to have people who have actually put in their time on the ground, volunteered time and saving animals rescuing animals and attending meetings and doing everything that they can to move if ward to being once again, in a van guard of animal welfare, thank you. >> thank you very much. >> good afternoon, i am the current chair of the animal

welfare commission at least until the end of this meeting because after eight years on the commission i have decided not to reapply. i support the reappointment of my fellow commissioners language, tenofsky and johnson and i am here urge you to -- to my seat, and in her role as a leader of friends of animal care and control, she developed contacts with rescues and animal organization and animals throughout the bay area. and she has the issues facing dogs and cats and all of the animals that they handle, and the rats and bunny and all kinds of wild life. and she loves animals and knows, what is happening with all of the animals in san francisco. she also knows that helping animals often means that helping people deal with issues such as homelessness and domestic abuse and drug addiction and things like that.

this friends of interests, and knowledge and experience is very unusual, and makes her uniquely qualified applicant and she would be a terrific addition for the commission. and i also want to thank you for your support last year to increase the budget and staffing of animal care and control and i hope that you can continue to do that. in this year's budget issues and going forward. and obviously if the others have mentioned a issue of a new building for acc is crucially important. >> thank you also for giving me the chance to serve you the board and the people in san francisco on the commission for the past eight years and finally, to point out that mine and the public that ac, and the commission does not have direct oversight of acc. we actually advise you guys the board and the acc is under the administrative branch and you are legislative however the issues arise, thank you for the

opportunity to serve and support jane, thank you. >> thank you. and i appreciate the reminder at the end of your testimony. any other member? >> seeing none, we will close public comment. >> and supervisor cohen. >> thank you. >> through the chair would i like to ask all of the applicants for this item to just come up forward i have a quick question and i if it occurred to me during the last public testimony that i should have asked and i just want to ask everyone and one sentence question. i know, please forgive me. and you can go first. just don't be nervous, it is simple. i want to hear your thoughts and the question is when it ever appropriate to put down an animal? >> well, that is a complicated issue by the time that decision is made i hope that you understand that all options

have been explored, and exhausted. i would not want to be in the shoes of the person that has to make that decision, because from the outside looking in --. >> time out. this is not going to work, --. >> okay. >> i just want to know with your personal policy is. >> a lot of people applying to the position and everyone is qualified on paper, i am looking for diversity and depth, when is it appropriate to put an animal. >> if the public is at risk, their safety is a big concern. >> okay. >> my name is jane. >> okay. >> i would like to go to a point where there is a sanctuary out there for every animal to live the life how she should to the end on their own terms. >> thank you. >> hi, my name is maria, and i

would say that you know it is supposed to be in an animal is in extreme suffering, so relief for that animal. so that would be my reason for end and or if the animal is so dangerous and all options were exhausted and no other resource to take that animal, having volunteered for give me cat risk no kill, would i say that we would do an option and behavior cats have other options. >> it is only for suffering and only --. >> the next speaker. >> bunny. >> hi, i'm bunny rossen beger. >> i think that it is appropriate when a dog is a danger to society, has behavior issues or a quality of life concern for that animal. >> thank you. >> i also believe in euthanize, and believe in the suffering

and interfears with the quality of life from that animal and so suffering, and also the dangerous to the point that animal cannot be placed safely in a sanctuary setting. >> thank you. >> just want to make clear that is this is my view and not the view of the san francisco spa. i believe that she should be euthanized when they were not treatable and they are a risk to public safety or they are suffering themselves. that is the law. and personally, this is going to be controversial in this room. i also recognize that there are limited resources and we are addressing and the welfare concerns in this state. and i think that the concerns for animal should be benefited balanced with the limited resources that we have. so sometimes you know, if we are balancing 5,000 to treat one animal and that $5,000 can be used to treat one animal

verses whatever. >> brandy. >> okay. >> hello. >> if you are talking vicious, dangerous animals i don't think that they shut be euthanized and i think that there are alternative and shelters and i know of many of them if you are talking about personal, animals it is about a quality of life issue. >> thank you. >> thank you very much. >> i don't know, if it was helpful. >> i may have confused myself even more. >> but thank you colleagues for allowing me that. >> yeah. >> any other comments? >> no. >> well, thank you. and thank you for answering that and i never seen that done before in a committee. but i would say that this is really difficult because i see so much passion and knowledge from all of you, again i wish that if we had the opportunity i would actually appoint all of you to this commission. for me i first want to thanks

stevens and i was surprised to see that she was not reapplying and sthes incredible work and worked alongside her. and some of the other current city commissioners on many issues, including the animals entertainment performance band. and i know that for example, miss lang is for the here and we worked with coming up with a resolution with the state wide (inaudible) ban and i do want to thank all of the applicants and i am sorry that we can't appoint all of you, but i am confident that if you are not able to take a seat on this commission, i know that you are going to continue to do the work that you continue to support our animal and there is no doubt about that. on a personal level, i have a lot of experience going to the acc facility, when our family was looking for a dog we went there for four months, during every single weekend and also to that bca and take our dogs to there as well for the vet

care, and so our office has been a huge advocates for the new facility and we have every year have hosted the kittens and try to adopt out more animal and so we are a pet friendly office and i am so glad to hear that many of the applicants here today brought up the issue of the pet friendly housing and we are trying to research how we can do that in san francisco, and we hit a lot of road blocks and whoever is appointed love to continue our work together on that very important topic as well as others. >> so, that brings us to the decision we have four seats, and again, like i said i would support any one of you can on here today, i would say that i would be interested in having all of the applicants who are up for reappointment, and be able to remain in their positions that is lang three, tenofsky for four and, johnson for six. and so that leaves, one other

seat. >> okay, thank you. >> seat five. and very torn, i worked closely with jane and the friends at acc and seeing the amazing work that they have been able to do because of the lack of resources the friends has been a critical arm in component partner. but again, every single person i do like what miss kuentzel brought too, through her work which i know is a new position because she is passionate about her work there. and so again, i would be okay with any one of them filling up that last seat. >> i really appreciate your stepping out on the limb first, to talk about who would be on the commission. and i was interested in sense they are very short two year terms that to me, is not enough time to really you know make

your mark and to have a real good experience. over all on the commission. so i want to support the reappointment for the three as you mentioned. and i am in the same boat around everyone who is an applicant. your passion, your experience, your work has been well noted here. and it is very difficult to decide, who, would be the best or the right person to serve. and i did, and i was impressed with everyone and i think that i could actually go along with miss tobin and that is really our recommendation for miss stevens would has served on the commission for a long time and that she is actually voluntarily stepping off which i know is a difficult for anyone to do and so, to me that gives a lot of weight to the

decision. and i say that in apologizing too because i think that everyone else's reply has been and has shown the really incredible commitment to the animals in the city, and so that is kind of where i land. >> thank you. >> thank you, mr. chair. >> and so good afternoon, everyone, and i am very pleased to see so many people willing to step up and give voice and advocate on behalf of our friends, our furry little friends, i am going to have to defer to the recommendation of supervisor tang she is the one on the board that has interacted with the most of the furry con stit you entcy in san francisco and seriously she has puppy and kittens in her office and as you can imagine this can be a stressful job. my aid has a dog that comes in on occasion, and she is really

cute. but supervisor tang has developed a partnership and so there are rare moments where i am unable to make-up my mind. and i always have an pen to something. and thank you for entertaining my last question, because i was looking for a way or a method to help me identify some distinguishing characteristics between the applicants and it sounded like there was some slight nuanced opinions on when it is actually acceptable. i personally don't have a policy. i never even thought about it until sitting in this rules committee. and to tell you the truth, animal control and welfare does not necessarily boil up in the issues that i deal with representing the south east of san francisco. which is also interesting because in my first year i did work with some neighbors on fer elcats in the industrial parts of the bay view, so, to miss

montoya thank you for your work and we have the problems. and down there in the visitation valley. >> but i am going to support in seat 3 and 4 and also brings the diversity being the only man who knew that that would actually count, but it does in this particular case. but so congratulations for being the diversity. and so i am going to support, dr. i don't know son in seat number 6, which leaves five and i am going to have to support supervisor tang's position and yield to her and my apologies to the rest of the and i wish that i had more time and i am going to move that we support jane tobin for seat number five. >> okay, and that i am not sure if you experienced that as a motion or if you want to second.

>> i second that motion. >> and i want to thank everyone and i hope that there is another opportunity that comes up for each of you and again, regardless of if you serve on the commission or not, we would love to xont working with all of you and just thank you for what you do, and speak up for like i have said, the we need the people to speak up for the animals who can't speak for themselves thank you. >> motion from supervisor cohen and seconded by supervisor tang and we can take that without objection and, so i want to thank everyone for coming here and sitting through this and you are out for the commission. >> and we will take that without objection. >> madam clerk, do we have any other items before us. >> that concludes the business for the day. >> thank you for your service and we are adjourned. >> thank you.

naibl. >> to my left is robert brian he's a deputy city attorney and

he'll provide the board with any legal advice tonight. at the controls is the board's legal assistant victor pa chen koe, i'm the executive director we'll be joined tonight by some of the represents from city departments that had cases before the board i see that raoul shau is here, and also chris buck, urban forester is here also from public works. i believe we'll be joined shortly by scott sanchez, the city zoning administrator who represents the planning commission and joseph duffy senior building inspector representing the department of building inspection. we'll also be representatives here, perhaps they're already in the audience from the department of public health who will be here for those cases that are related to that department. mr. pacheco, if you could please go over the meeting guidelines and conduct the swearing in process.

>> the board requests to turn off all cell phones and pagers so they do not interfere with the proceedings the board's rules of presentation is as follows, appellants, permit hold esinger and department represent i fevers have 7 minutes to present their case and is three minutes for rebuttals, people affiliated with these parties must include their comments within the 3-7 minute period, people who are not affiliated have three minutes each to present, to assist the board on the preparation of minutes, members of the public are requested to submit a speaker card when you come up to the podium. speakers cards and pens are available on the left side of the podium. the board also welcomes your comments and suggestions. there are customer satisfaction survey forms on the left side of the podium. if you have questions about requesting a rehearing, board rules or hearing schedules, please speak to our staff

during a break or after the meeting or call the board office morning. the board office is located at 16150 mission street room 304, this meeting is broadcast live on san francisco government television, sf gov tv, cable channel 78 and dvd's are available to purchase directly from sf gov tv thank you for your attention. we'll conduct our swearing in process. if you intend to testify at any of tonight's hearings and wish to have the board give your testimony evidentiary weight, please stand. please note that any member of the public may speak without taking this oath pursuant to the rights under the sunshine ordinance. thank you. >> (swearing-in of

testifiers). >> thank you. >> thank you. so, item number 1 is general public comment, this is for anyone who wants to address the board on an item that is not on tonight's calendar is there any general public comment? seeing none them, i teem 2 is commissioner comments and questions. commissioners? seeing none then item 3 is the board's consideration of the minutes for the meeting of may 6, 2015. >> any changes corrections deletions to the minutes? hearing none, may i have a motion to adopt the minutes as presented. >> we have a motion from commissioner swig, is there any public comment on the minutes? seeing none mr. pacheco, if you could call the roll, please. >> on this motion from commissioner swig to adopt the may 6, 2015 minutes, commissioner fung? >> aye. >> president lazarus?

>> aye. >> vice-president honda? >> aye. >> commissioner wilson ?frjts aye. >> the vote is 5-0 those minutes are adopted. >> okay, thank you, so item 4 is appeal number 15-023, kin nanny ahmed doing business as nile cafe, the property is at 544 jones street and this is an appeal of the revocation of january 27, 2015 of a parklet, we can start with the appellant. so you have 7 minutes to present your case to the board. >> hello commissioners, my name is ki nanny. >> would you mind raising up your microphone. >> i'm doing business at 544 jones at nile cafe and i have issued a parklet in 2013 and

it's in the tenderloin and i'm one of the first parklet that were given permits in the tenderloin area and as everybody knows the tenderloin is not an easy place to do business because of the kind of demographics we have. it's not -- if you were to compare it with somewhere, north beach or valencia we have a lot of homeless population and given the scope of enforcement that we can be able to do, it's a public space and we can't really tell people to move and it's been really difficult to tell someone when they are coming and doing whatever they wanted to do on the parklet to move them. the only resource we had was to

call the police and so we had that issue and then we had a situation where i did not receive the renewal notice for the parklet and the time when i went to renew i was told that it's already past that time and it's already -- it's in the process to be revoked, so i came here in may and it was safe to be revoked, so i appealed the decision, and i have some pictures that i was going to share. is there a way that i can --

you really canted see -- i mean, people do all kinds of littering and my guys have to go out there and clean and we clean all the time and i have a guy who lives in an apartment his name is tom, he's not here, he's one of my main witness that he loves the parklet he takes care of it and he had an accident the day before yesterday and he's in the hospital so it's unfortunate because he would tell you more about what's going on. so at this point i mean, it's -- i have made it for the

public, for public use and i would like to keep it but it's been a really difficult for me because my hands are tied, i can't really do anything to -- it's a public space so i can't tell people to move and all i can do is just go after them and just clean up andand that's about it. >> does your furniture remain outside? >> new york city -- no it doesn't. the reason i did that is because i leave it overnight, it will be a camp site so i don't want that to be the case so we bring it in and bring it out. >> the question i have is, so, does your business use hook-up pipes in your business? >> yes, we do. >> so one of the complaints was that the use of hook-up

pipes were being used on the parklet. >> people bring it out. it's a vapor so as long as -- i mean, as far as i know vaping is not illegal, and sometimes people smoke and i tell them to move along and we have a sign. >> okay, thank you. >> that's it. >> thank you. >> thank you. >> so we can hear from the department now. mr. shaw. >> good evening, president lazarus, commissioners and i'm [inaudible] from public works in san francisco. just before i get into this particular case, i'm going to give a brief background and sock regulations that we have with with sparkles, public works with the planning department and the municipal parking authority to review parklet and is rereview per pbw

order which outlines the procedures for parklet, the parklet manual which gives regulations on maintenance as well and article 16, section 810 of the public works code, per policy and per agreements set with all the parklet hosts the host is responsible for all maintenance of the parklet and the park let is a public space so the parklet is not to be privatized for full customers of the cafe therefore there sho* shall not be direct serving of any type of a product or items within the property itself. the host cannot exclude the public from entering the parklet or ask the public from leaving the public space and the host basically agrees to maintain and upkeep the parklet in general and in addition there's no smoking whatsoever allowed in any of the parklet

and this is outlined in the parklet manual 1.0, it's exhibit 1 in your documents. going into this particular project, so this one has somewhat of a long history, so the original permit was granted in december 13, 2011, and in august of 2012, the planning department per e-mail began receiving complaints, in addition until complaints were later received in december 2012. most of these complaints focused on the unsanitary kons conditions, the late operation hour, the high concentration noise during these hours the privatization of the parklet, the issues of suka and the fact that there was no maintenance within the parklet space itself. public works made a site visit and verified some of these conditions, mainly the lack of the standard required material for example the soft [inaudible] and the secured [inaudible] which are required for the safety of the patrons

within the parklet as well as the public. the unsanitary conditions were taken note of there was debris scattered and exhibit d should show these conditions. the parklet host was reminded of the policy and regulations and made aware of the issues and given an opportunity to address them and correct them. after this, however, further complaints regarding the same issues were received in august of 2013 and nose are documented in exhibit e, the permit holder was made aware of these once again and provided an opportunity to correct. after this, there was some unresponsiveness and the permit holder did not follow up with the renewal which is required annually and therefore after more follow-up, the permit holder finally did complete renewal on october 8, 2013 and renewals should have occurred in february so this is several mothers late, but the department did allow this and provided some leniency.

that renewal, that permit was renewed to 13pk055c0 which expired in february of 2013. after this renewal further complaints in the forms of requests for actions or rfa's and phone calls were received. you can see those in exhibit g and h. those complaints revolved around the same items no maintenance late operation, further allowing the use of huka smoke within the parklet. the department then contacted the parklet host multiple times with no response. after no response, the public works decided to schedule a public hearing to consider the issue. that hearing was held on march 26 of 20134 and as a result the hearing officer granted 60 days to address the renewal and mitigate the issues and minimize the complaints that were being received. after this, a follow-up e-mail was sent to the parklet tho*es remind of the renewal and