thought i'd show you graphic believe it or not that is 18 hundred years old that bottle and while i'm here to invite you to buffalo beggar think 23 and especially supervisor mar to buffalo mire friend tech give me a home where the buffialo where seldom is heard a discouraging word and visit on 23 and geary i want to say he's not here but supervisor peskin i knew all along you were coming on back coming on back to the supervisors seat

and your district you'll lead and you're all back to us now to good luck thank >> thank you. >> thank you. next speaker, please. >> (clapping.) >> good afternoon, supervisors i'm peter executive director of the library yours association i'd like to second what a previous speaker said about going to 3 minutes for public comment. which is pretty minimal and essentially required by the sunshine ordinance i'd like to join in with the expressions of the condolences for the family and city that dr. espanola jackson passing brings up next month city departments will be sending their proposed budget

to the mayor's office and later this year those budgets go to you for approval today libraries association would like to ask you to insist that the library make it itself book borrowing a sign free system studies have shown that they give back more than the system get books back if you want to raise money have a fine system we know that even small fines can an barrier for the poorest of library users and the library has a fine free testimony 19sophomore for a scarring of folks under 18 this is a tremendously wealthy relinquish servicing hits category of yours population up to one million and budget is

triple the afternoon the libraries fines brought in a tiny fraction of that budget over one hundred million dollars a fraction of a percentage of the budget we are not looking for accountability free system or a encouragement of rip off but for late books thanks very much. >> thank you. >> thank you. next speaker, please. >> hi good afternoon. i'm jessica the director of youth and family programs at the omi the mission high school i'm representing the san francisco preservation coalition and supervisor mar brought up the powder the sf coalition is leaders and adults that will speak to address the negative impacts of alcohol in communities of color we want you

to know that pourtdz alcohol has a place in san francisco we should be reducing and not increasing the access to alcohol we believe that powdered alcohol. >> madam president i'm pausing your times you're speaking about an item in the yet introduced the assembly bill 1554 banning the sale of powdered alcohol supervisor mar will be introducing this will will be an another opportunity towards the end of the meeting. >> okay. not now. >> generally on the item not specific on the support for the state be assembly bill. >> all right. >> madam clerk can i. >> i'm sorry supervisor mar. >> mined some youth and others that are here that may have to go home to do homework if people

speak generally to the irk and not on the item on the agenda they can speak towards especially the young people that have been here i urge us to be respect of them being here. >> thank you. >> i'm happyly talk about that if you let the youth leaders came back take a few minutes. >> >> thank you. next speaker, please. >> good afternoon hello hernandez i go to mission high school live in district number 9 my opinion the san francisco board of supervisors should pass the proposed powdered alcohol solution i believe that poultry alcohol effects our community and us the use of the living - they live in san francisco

powdered alcohol makes it easier for us to get access to alcohol my friends seen them getting drunk in the parks nearly to my school and getting into trouble we already have too much alcohol related programs please support us our resolution and please support our use of san francisco thank you. >> thank you (clapping). >> and the young folks that are here it is fine you, you go ahead and say what you've interested in the interest of time we can move the meeting along i'd like to ask the audience to use this is your fingers rather than clap it is appreciated. >> i'm 14-year-old i go to day

middle school i live in the agreement in district 11 part of preservation coalition trying to address the negative impacts of alcohol i'm sdointd to forfeited we have not yielded band powdered alcohol is a road to conceal in schools and restaurants where control is not welcome youth will be influenced to try to do something and as - this is not a small issue that is a community justice issue. >> great job thank you (clapping.) >> thank you. next speaker, please. >> hi my name is crystal i live in the sunset and part of sf preservation looking to build a better community a group of youth and adults across the city and what we do we colonel together to address the negative

contacts of powdered alcohol our youth has assess it is a problem and bringing in powdered chloral hydrate increases the access we're working on passing a local legislation to ban the sale of alcohol and eventually band it it would be used to stick soda and acholic beverages it is making it easier to conceal and passed as crystal llth or kool aid and abused and misused by authority in injekd and mixed about other drugs powdered alcohol is a health risk we don't need thank you very much. >> thank you. next speaker, please. >> yes, thank you i'm david i wanted to thank supervisor farrell for bringing up peter

accidental death of a tour bus a couple of weeks ago i first knew period of time whisper a high school in san francisco high school teacher beginning in the 1970s 1970s were a time of social justice activity especially in san francisco schools the teachers and professionals were fighting for collective bargaining relevance i appreciate the comments that also by supervisor farrell about the lawsuit against the collective bargaining that is current before the united states supreme court peter was a participant of strikes that teachers were forced to congest ♪ 19 sophomore 4 strikes in 89 or 9 years the lower class size all students ordinary issues but

teachers were an ideal lift group i remember peter was laid off in the 1970s and figure out along with with us to be run stated and had to go to court when bypassed those show peter's character to fight to get back to a job with little recognize i had the fortune to keep in contact with peter he maintained his interest in politics and maintained a sharp witness we'll miss his enough of them we grateful to the board of supervisors to be concerned about pedestrian safety in san francisco the united educators of san francisco - designate assembly adjourned or adjourned

in memory of peter last week thank you, thank you very much >> thank you. next speaker, please. >> with why while fyi the flash drive i'm pastor from the evangelical church in the mission thank you to supervisor campos calling for the department of justice into the killings ever alex and lopez and mario woods a year ago i was in ferguson missouri while i was there, i spent a week listening to many of the young people tell their stores of how many times we were illicit sob as they were told what happened at the hands of law enforcement i spoke to their moms were sob how heels they felt seeing when was happening to their kids at the hands of law enforcement in ferguson i realized on my way home on the plain i didn't have to go to ferguson to hear stories i habeas corpus those in

my own neighborhood and specifically i'm very conscience that not only is there the tragedy of traevenl killings of young people what makes the pain and trauma worse we don't get the truth there is still many unanswered questions about the killing of alex and that young man was shot in the back 6 times by the police the chief said that as he has with mario he lounged at the officers and they have to shoot him in san francisco defense it's enforceable with the autopsy report and witnesses our bayview thank you, thank you said before a reconciliation we have to telling the truth we memo not getting the truth out of our police department as a result i

congratulate supervisor alavos to for the department to investigate thank you. >> (clapping.) >> thank you. next speaker, please. >> good afternoon. i'm benjamin and we want to thank john avalos for his resolution number 51 do not be bullied by the san francisco police department they want you to accept lies such is alex pointed out a tazer and lopez was justifiably shot in the back mario woods was some type of a lethal threat now those are all lies that should embarrassed and shame the police department but they don't need to embarrass and shame you all you don't need to be fooled you failed to pass by not

investigating the alex case if you do perhaps lopez and mario woods would not have been killed unlawfully okay. >> (clapping.) these o be on the right side of the history the momentum has shifted to the people you have supposed to be representatives of the people be on the right side vote yes think resolution 41 committing to police accountability and racial justice (clapping.) be brave and hold honor i'm more for alex thank >> (clapping.) thank you. >> thank you. next speaker, please. >> my name is silvia johnson i

have policies whether as in the hope you understand i apologize for some of the lovks we need time it together to be able to solve the problems as a community and my beefy hesitate was not i was not seeing i haven't you know been knuckle and i apologize we never meant to hurt anyone and now i'm more twinkies that the chairman of san francisco and contracts since like i did before i hope

that this is not many kind of you know - understand explain through the - you know resolutions and regulations to colonel together as a one hope and not now i see a lot of people are coming to realize that this is is where jesus christ and everyone came together and we work with an understanding the freedom and this is where we had been misunderstood northbound a lot of areas that working history and starting to go in our path you know really -

>> thank you. >> thank you. next speaker, please. >> good evening supervisors my name is my case a street artist i'd like to play a short film to bring you back a ways back probably before all of you were born. >> if i can get it. >> come in advance enjoying the flute of police authority audience we will come back to you, sir

>> next speaker. >> good afternoon, supervisors my name is david carlos if you would put the camera on the overhead for a second i'd like to refresh your memory of afternoon aclu a department in denial which talks about the sfpd and their racial precisely so the problems with the san francisco police department unfortunately are old news this is been going on for a long time suddenly with a sense of civic shame we realize the sfpd's is a typical police department battling and ferguson and chicago and new york go sfpd's is a deadly force of communities of colored lee's request to have the justifying investigate mario

woods is a step in the right direction, however, unless it includes an investigation into the death of alex and carlo perez and others not making a huge difference (clapping.) it is also good news that the occ may soon investigate all police shootings i read this morning that chief suhr and the poa president martin are getting behind this idea a good step in the right direction another good 7-eleven market is it body cameras i'm hoping e hoping the police commission will release the rfp but we need inform san francisco is political will for a comprehensive reorganize of stewardship so we became a national leaders on the kind of

police department that we need all over this country and we lack pretty much everywhere. >> is the video work working. >> i'll get it from the clerk. >> the courts problems dominates but enjoying did frustrates a month or two ago another person andrew's for peddling without permits and now the artists make a living without committing a crime then peace shall guide our

planets and love will stir the stars this is the dwayne of and i kwurz this streetcar artists give people a chance to look at the history this festival of the arts is open to people the craftsmen don't have to pay fees only those who make profits are asked to pay for the rentals and this is clear entertainment and the u.s. bands this is eyewitness news san francisco. >> and minds through liberation awe kwuquarius aquarius when the moon is in the 7 house

and jury panel take care aligns with mars then peace will guide the planets and love will steer the stars this is the dawn of the age of aquarius age of aquarius aquarius aquarius aquari aquarius. >> thank you. >> thank you. next speaker, please. >> good evening supervisors the proposal to automatically trigger an officer citizen complaints whatever an officer involved shooting and to receive

a federal investigation into the gentlemen are a.d. mineral i've been attending the justice for mario woods we're learned some lavrm facts about police accountability for example, only 6 percent of occ complaint are sustained of 100 percent of officer involved shootings have investigated few policy finding will result director joyce hicks told the mario woods coalition her office can recommend 10 days of suspension not having to be honored what good is a occ investigation none reflected the grounds for submittals why are the police worried about the 10 day suspension he urge to completely re-evaluate whether the occ has the tools the at it

disposal the body can't adequately discipline with not extinct oversight despite the dedication of director joyce hicks the federal investigations into individual cases will only look at civil rights violation this is not addressed in human right of the sfpd creating a police state with the entire of juris prejudices. >> thank you. >> thank you. next speaker, please i'm a thirty year residents of the district i want to congratulate supervisor avalos and supervisor avalos and urge this legislation passing i've been a parented in the san francisco public schools my son

was a peer of one of the supervisors kids and doing well at the usf thanks to the public education i have to walk him at age 20 in the neighborhood because of the fear of misidentification so when we talk about investigating the sfpd i want to make sure that we understand transparency is crucial what is supervisor campos said is true when supervisor cowen is true, however, if we are at war with our police department we can't get the rest of problems solves and from the rest of problems need to be solved and the commission district has changed come up here the police department needs to change as well we need to get to the point peace on the streets and building the transparency is the first step towards doing that i have many opportunities to

subcontract with the police that happens when you've been in the neighborhood for thirty years i spend a lot of time with the at the san francisco general i see wonderful thing by the police officers i believe there is good people in the department i believe that transparent whether bring that out and look forward to see this investigation happen. >> thank you. next speaker, please (clapping.) >> hi good evening, everyone i'm elizabeth i live in the mission district and i wasn't going to get up we've heard so many eloquent speakers i was landline please be advised to see one of my neighbors father richard from the stoenz church, i want to mention the fact it father richards church is one of two in the united states and the other in the city of san

francisco is participate in programs called a project that allows homeless people to sleep in the church for several hours everyday i then it is a wonderful thing i you wonder why the city of san francisco has done that with public spaces with schools that are empty i live across the street from the mission high school why not get people off the streets and sleeping in warm clean areas with barmgz and possibility to change their socks and give them something to eat we have spaces and people we have a huge problem and we need to address many ways to do it doesn't have to be long-drawn-out official we have spaces krsz across the city and thank you, very much to father richards and the idea of

project that hems really sixth helps homeless people thanthanh >> thank you. next speaker, please. >> i'm presuming that people that get off the muni shuttle has passes my father was born in new york city learned not to the pushcarts by the way, the owner the pushcart lured the policewoman and if they went

next door that policewoman knew that policeman you were told right away the people were involved in the neighborhood and my dad was born same block an mulberry street next to canal and went to public schools socialism in america and he watched when we rooted for the giants - and he watched fdr and american socialism unemployment and social security and then went to war and got the gi bill and in 10 years bought his own house this was trusting 1965

that end vietnam a hard domino theory generals we were winning the war and some then summer of love drugs and low life and anti war demonstration and the black panning there is the police assassinations and the 1968 percent political demonstration in 197 is thank y1 is thank yo >> thank you. next speaker, please. >> last time we learned about the birth of our savor march 6 and macarthur chapter 16 give us insight to the holy family i don't purposely coma here to offend anyone but in march chapter 6 macarthur 13 named 4

brothers but embellishes that by saying sisters are all with us as mark says the sisters are here i believe that scompliez that were 10 children in the family and i have 10 kids and raised in a family of 7 with silk rivalry with sirens by in the case of holy family the first and last time the first born was sin less can you imagine growing up in a household of choit daniel didn't try to put people down but would for christ i made people feel guilty he was trying to live for god they had to make a stupid law you can't pray for a month and hopefully god closes the

mouths of lions but square feet never sunday which of you ever signed the role of the siren joet said nevertheless, i actually tell you the truth if i good not away the comforter will not come when we comes he will the world the biggest sin not to building in jesus christ if you do when i use that word belief a total trust in - >> thank you is there anyone else who wishes to speak on this item provide public comment this time seeing none, public comment is closed. and madam clerk let's get to the next item. >> yes. please.

the items for adoption without reference to committee item 45 through 56 are considered without documentation let's take a roll call vote a member may obtain and seville an item. >> okay madam clerk i'd like to sever i lost my place item 46 supervisor campos. >> imagine that supervisor avalos times to have his item probably severed. >> which item. >> 51. >> 51. >> madam clerk at the request of the treasurer tax collector item 54 needs to be continued

one week. >> thank you supervisor kim. >> i would like to sever item 43 a3 an53 and 55. >> supervisor mar i believe mine are i am peace officer with jones day and also the alcohol or poultry alcohol none on this agenda. >> supervisor cowen's public school i'd like to serve 45 and 46 i think you called 46. >> outlook yi /* /- o on the remaining items madam clerk please call the roll. >> i believe that would be items 47, 48, 49, 50

52 54 not 54 42 was the last item. >> supervisor kim. >> supervisor mar supervisor peskin supervisor tang supervisor wiener supervisor yee supervisor avalos supervisor breed supervisor campos supervisor cowen supervisor farrell there are 11 i's. >> those items with adopted anonymously madam clerk call item 45 please. item 45 resolution to support the proposed california state ballot

initiative for all safety had e that will implement the reform if ammunition laws. >> supervisor cowen thank you for hearing this item a resolution expressing the board of supervisors support for a safety for all initiative that is proposed for the 2016 statewide ballot pay naming /* newsom that have the strongest gun and regulations in the country abandon the magazines additional requires the local gun dealers to subcontract and report to the local law enforcement officials we've required reporting ever ammunition failed and reporting of gun sales and prohibited the sales of types of a.m. initiations and prohibited marshes from ranger we still

have limit on what we do in san francisco so regulate the guns and ammunition sales it imperative with advanced tougher regulations this proposal initiative would among other things require point-of-sale first a point-of-sale for purposes and removing the ability for third party producers and fourth and finally it will require that out of state internet perspires of ammunition on this been delivered to licenses vendor or point-of-sale i want to thank supervisor wiener and others

thank you colleagues and supervisor cowen feel free to add me as a co-sponsor colleagues, can we take that same house, same call? without objection the resolution is adopted anonymously madam clerk can you read item 46 a resolution to call for an independent federal shooting of mario woods by the san francisco police department on december 2nd, 2015. >> i have an amendment i escalated to us you as whereas clause i want to go on record no matter what the court say, i want to be just to be clear we expected sfpd to held to a higher standard that's it thank you. >> (clapping). >> thank you you guys should come back more often you make us feel good.

>> supervisor cowen made a motion is there a second supervisor campos colleagues we'll take that without objection. the amendment passes on the item as amended colleagues (clapping.) they already circulated. >> all right. and colleagues, can we take the actual item as amended we'll take that without objection. we'll take that without objection. the resolution is adopted as amended all right. >> (clapping). >> well done folks madam clerk please read item 47. >> item 47 the resolution to spend by thirty days the prescribed time within which the planning

commission amending the san francisco planning code to a higher affordable housing housing for certain sites objected higher developmenectedd higher developmen higher development ed higher development td higher developmenad obtaind higher developmened hig potential. >> apologized item 41 to reaffirm the board of supervisors senate to racial justice in your practices and urging the san francisco police department to look at the use of force and exploring declaration to the use of force.

>> last year the issues or the incident that rose to the top were the mike brown killing if ferguson and eric garden if staten island in new york city but incidents that happen here for san francisco and need to improve the conditions of people of color and the relationship with the police department and a lot of reform fetters efforts to need to be enforces new ways of doing business within the san francisco police department that will enable trust between our communities and the police department i (clapping.) this measure had references a dubious officer involved shooting killing of alex last year happened last mark of 2014 i want to acknowledge that alex

patterns are hertterns are her e (clapping.) (calling names.) (clapping.) in a similar way that quentin woods was not the first person to hear about here sons killing or hurt in a bizarre way they were told with the investigators came to their house they were first questions before anything was told the killing of alex has very many has testimony that is disputing one another eyewitnesses that saw things differently than what was recorded and the original person that called 9-1-1 disputes what the police department indicates happened that alex pointed a

tasers at the police again, this measure also calls upon the federal investigation of this case this is to make sure we get some sense of the truth extinct of the police department just like we're doing with mario woods we also have in the measure call for an extinct investigation by the federal government of the lopez perez killing that happened in march of 2015 one year after the killing of mario this is caused grief within the mission district and bernal height communities and really wasn't night e until the recent killing of mario woods we were able to talk about this as someone that needs to be investigated so it make sense that we have consistent what we are calling

for in the federal investigation and closings colleagues i'll urge your vote to vote on this measure so some sense of the from truth from the federal government rather than the police department who is not forget coming. >> thank you supervisor campos for his support and co-sponsor chp i didn't talk to other colleagues but wanted to make sure this is before us awhile we're voting on an investigation for mario woods killing as well. >> thank you supervisor campos (clapping.) >> thank you supervisor president london breed and i want to thank madam chair rosales and i think it was truly appropriated to recognize the parents from his family. (clapping.) >> i have to say i take

responsibility because i feel that as a member of this body i didn't do enough to deal with what happened in the alex case i just to be clear about that if we if i as an elected official had done more maybe we have done something about how the police department for one thing interacts with the family that goes through this is as noted by supervisor avalos you know we heard under dwen woods as horrible in this case the family was actually interrogated first and they were made to feel

they were suspect so can you imagine how u having that and so in the spirit of what we did with dwen woods i want to pubically say i'm sorry honor treated by itself city and county of san francisco of san francisco tself city and county of san francisco of san francisco tself city and county of san francisco of san francischtself city and county of san francisco of san francisctself city and county of san francisco of san francisco self city and county of san francisco of san franciscelf city and county of san francisco of san francisco lf city and county of san francisco of san franciscf city and county of san francisco of san francisc city and county of san francisco of san francisco >> (speaking spanish.) >> i'll simply note by making the mistake request alex and lopez perez again, the chiefs account of what happened this

young man was charging the officers with the knife it took by way of a foreign newspaper in the uc to do an investigation pointing out in the autopsy the in young man was shot in the back so how someone who is charging police officers with a knife is shot in the back is i don't understand the law of physics so again, i also take responsibility for the fact that i didn't do enough following the perez lopez to get to the bottom of what happened and maybe if we had done that in this case we wouldn't have been here i'm here to say i'm proud that we have as a board taken a united u.s. bancorp if i had

front and today introduce the anonymous approval of other resolution we are we're not to going to make the mistake of not getting it right we'll get it right going forward i'm proud of that (clapping.) >> supervisor avalos. >> can couple of things i forgot to acknowledge father richard smith has been working closely with lopez perez community has been someone that has been advocates (clapping.) so the young man who was shot i see it is vitally important we acknowledge what is happening in terms of officer involved

shootings in san francisco, and around the country it is something that effects the community of color in particular the black communities african-american and latino community and we have to work together to build this unit not a one community over another both of our communities all of the communities together that need to work to create the institutional changes i have an amendment we want to make sure it gets into to vote on further resolve cause clause after the first on line 11 you have copies colleagues further be it resolved, that the board of directors request the united states department of justice to undertake the shootings of alex and lopez and he perez and mario woods and the process by which the san francisco 49ers look at the use of force incidents

that's my issue my motions to accept (clapping.) supervisor avalos has made a motion is there a second second colleagues we'll take that without objection. we'll take that without objection. the amendment passes. >> yeah. (clapping.) >> okay on the actual item as amended colleagues, can we take that same house, same call? we'll take that without objection. the that item passes as amended and madam president for clarity for the record madam chair rosales. >> seconded that. >> yes. the amendment. >> all right. madam clerk let's get through item 43. >> the item to urge mayor ed lee to enter into a formal agreement with the san francisco

bay area super bowl 50 host committee. >> supervisor kim. >> i want to make a motion to continue for one week. >> who said second and i did okay. >> supervisor kim has made a motion and succeeded r seconded economy by supervisor peskin. >> i know supervisor kim how you feel i'd like to send this back to the committee. >> okay you want to send this through committee. >> so madam president. >> one second supervisor peskin because i need to understand which one takes precedent ape a motion made and seconded sorry supervisor peskin madam clerk. >> in the presence of motion the motion to postpone once it is seconded it is takes the precedence of motion to continue or the motion to postpone to a

date certain over an item to refer to committee. >> okay so that means there was a motion and second so we are required to vote on that first and we'll not be able to send this item to committee. >> the motion that should be taken madam president is the motion to continue to a date certain. >> okay once that is actually made and seconded john our city attorney deputy city attorney it shaking his head and mr. gibner's if we ask have a minute to confer i was directing my comment to the clerk with justice a second a

a 30 second recess. >> okay. so thank you. we wanted to make sure we had clarity around a specific item there was a motion and second to that item it is specific privilege of any members of the board to send any item to committee which takes precedence over any other item and so basically supervisor farrell's request to send to committee is a point of privilege is a process.

>> supervisor peskin we can debate that different boards did it differently over time only if you rise to a point of privilege can you assert that the supervisor doesn't arises to a point of privilege on unilaterally attempted to sends it to committee over a motion that takes precedence was made and seconded this is what happened that is the motion that is before this board had supervisor farrell risen to a point of privilege and inrecognize that privilege we'll have that argument that didn't happen. >> supervisor peskin based any feedback from our clerk and legal council it is my understanding that his point of privilege takes precedence over the role of making it a motion

it continue. >> madam president i don't irrational wish to be argumentative he didn't invoke the privilege number one and number 2 if council is giving advise to the board on internal board procedures given to the whole meeting and the clerk the board let's be clear. >> thank you supervisor peskin so mr. gibner can we have clarity please. john gibner, deputy city attorney so i supervisor peskin a absolutely right the clerk sat paurmentd telethon when you called on me earlier he was just making a motion to the clerk to discuss to make sure were that on on the same page what i understand to be the board and clerk interpretation of the

board rules not a situation that the city attorney telling you how to run our meeting i want to make sure that the clerk was advising the board consistent with the passing okay madam clerk. >> thank you madam president i too believed what supervisor farrell was making a motion which is why i believed this is important to say once it is seconded that becomes a motion on this found out that was an actual point of privilege which is is a principle that comes from the charter that a resolution has to be anonymous on first reading and that if there is a question about that item it can be sent to committee by a siren supervisor that is as motion and the board treated motions similarly to howell how

motions are recreated in the past which is why once i determined an actual point of privilege on behalf of supervisor farrell even though there's a motion from the president of motions from the board's rules the privilege request takes precedence over an actual motion. >> okay with that, this item goes to committee okay supervisor cowen. >> thank you. >> i'm sorry no members of the public can engage. >> supervisor cowen. >> a point of privilege to the paramounty clerk the term rise to the point one must physically come out of theory seats it sounds like sil

you this is robert's rules of order a formal way of the studies robert's rules of order and appropriate way to address the board he is referring to that supervisor farrell did not state pubically to committee that is which is a appropriate to do and actually normally should have been done, however, does not minimize his privilege if navigate he is superintendant gerrero experiencing that privilege. >> supervisor campos. >> just a question family through the chair to parliamentary in the past been a different interrogation that says that a point of privilege requires that the person rise

four that to take precedence over a motion. >> i've worked for the board of supervisors since 1996 not seen a bridge with that issue i have i will over that if there is an appeal if the decision of president that wanted to occur that is certainly that can happen which is will the decision of precedence stated and her decision to send this to committee a board rule that allows an appeal from that decision is a motion is made i make a motion to that the decision of board president will stand or one makes an opposing motion a seconds and a majority vote will unshould you on

option. >> i'm confused but i guess this item a going to committee and we're moving on okay all right. madam clerk can you read the next item >> the next item is item 54 motion to approve the final map as residential unit condominium project those on lombard and to adopt the appropriate findings. >> colleagues can i ask ignore a continuance to one week of a meeting of february 9th? move forward by supervisor tang and seconded by supervisor campos colleagues we'll take that without objection. >> madam president earlier a two go week continuance. >> okay. what meeting is that. >> february 2nd. >> february 2nd. >> that's one week. >> i said february 9th

was i correct? >> 2 slash 2. >> a motion to move to continue this item to the meeting of february 2nd of 2016 ? moved that he supervisor farrell seconded by supervisor yee colleagues we'll take that without objection. we'll take that without objection. the continuance passes all right. madam clerk what's the next item >> item 55 okay motion to schedule the board of supervisors to sit as a committee as a whole on february 23rd at 3 public comment for that a public meeting and 30 years the board of supervisors to you will be instructed the affordable housing obligation for so on and so forth the interim controls at the june election. >> okay supervisor farrell thank you supervisor president london breed i'm more happy to let people i'm rising as a point of privilege to send to

committee. >> so with that, it is my understanding that that's the case there- it is been sent to committee no further discussion of item am i; correct. >> that's correct macarthur park madam president you supervisor peskin please let me recognize you before you speak prelim please madam clerk clarify whether or not debate on an item that is sent to committee i'll say the point of privilege. >> i've risen with the information. >> which i'll address as soon as the clerk clarifies the situation. >> if supervisor farrell sent this to committee that is essentially removing it from the hands of board and no longer before the board. >> supervisor peskin he rise to a point of information that point of information i hereby

assert a motion is intoifrl different than a resolution i assert and i acknowledge there have been different ways at different boards treated the motions different there are board that have's actually required months ago to be sent to committee by a majorities vote i suggest to you colleagues that in as far as a motion which unlike a resolution is a function of this body that we need a 6 vote majority to send this to committee mate my position and wanted a roll call vote to send to committee. >> unfortunately supervisor peskin this item a no longer in the hands of the board since this is sent to committee with that, madam clerk call. >> madam chair or madam president i like to rise to make

a motion to appeal our decision in that matter is there a second for that motion. >> supervisor peskin i not recognized you again and in this case this item from maintenance is not necessarily my decision it is once sent to committee no longer in the hands of the board of supervisors. >> madam president i believe that this motion of mine appealing our decision is properly before this body. >> madam president board rules does indicate that once a decision is made and the supervisor wishes to appeal it maybe taken immediately. >> voted on. >> that's right. >> okay so can you repeat now that i'm recognizing you mr. rosen's repeat our request. >> madam president thank you for that opportunity i am not trying to be argumentative

certain things a members of the board can rise to without in no way trying to be disrespect. >> you sure like to rise don't you. >> all 5 foot 4 of me, i'm respectfully appealing our decision i've made a motion to the boards which has been seconded to appeal our ruling that this should be sent to committee and i would like a roll call vote on that matter please. so i need a point of clarity it is madam clerk it is not necessarily my decision as much as it is specific to the boards refuges can you clarify that. >> please. so as statistics previously the charter states that resolutions make sent to the committee if not anonymous on the first votes

traditionally the board has contemplated motions and done the reach as i've mentioned fee supervisor peskin half the times months ago are sent unanimously by a single supervisor and half the times months ago are by a majority of board so it is needs clarifying in the rules i will agree but right now a decision of the president has been appealed and certainly can be voted on. >> an appeal to do what specifically and supervisor peskin as appealed our decision requesting that didn't stands in fact, a motion to send this to committee he made the motion but you have not yielded declared this second. >> supervisor campos made a second. >> okay. >> you did - i did. >> okay. >> all right. so then we'll vote on whether or not to send

this item to committee. >> you've vote will be the motion is whether or not your decision will stands so we're voting on our decision and then substantially the motion will actually be taken on whether or not to send it to committee. >> thank you for that clarity. >> okay. >> supervisor wiener. >> thank you so i just clarify - every time the chair makes a ruling is an interpretation and my understanding which i was the chair of the parties the motion you vote yes if you agree with the chairs rules and no, if you disagree four clarity for members so, yes means to sustain the ruling and agree and no means disagree and overturn the rulings of chair.

>> that's correct. >> okay and then just also anothers point of clarification if this item is voted on today and not unanimous it fails. >> madam president i believe the motion once we actually get to the motion to send it to committee would be by 6 votes. >> got it. >> if you're decision didn't stands. >> supervisor cowen. >> to the president to the clerk this board probably for the good part of last of years have carried out in a specific way of board culture this is something new that we are addressing new manner in which wear l.n. over business does that mean all the

other votes and motions and things we've sent in the past was it incorrectly done. >> through the wanting to the supervisor cowen i can only speak to the last 9 years that's sufficient. >> (laughter). and this body has a record of sending items to committee both ways as well and so it doesn't mean that was wrong but it was just the preference the president. >>ize so in this case i don't understand why were the differences the president has indicated. >> i think the differences a member of the body that is indicating he would like to do it a different way. >> so one member of the body has the authority to change the

entire body. >> no that takes an entire body and madam clerk i apologize. i know it is late in the hour i want to make sure we are clear think what we are doing way please explain. >> you've made a decision that supervisor peskin seconded by supervisor campos would like to appeal your decision to allow this motion item 45 to be sent by a single supervisor. >> which by way of for clarity i've always done if every single instance when someone as asked. >> so a vote will be taken on whether or not your decision should stand. >> and so if by decision should stand wait just to be clear what choice do you have i

can't say no if a board member asked to send something to committee i'm trying to understand the way it is being phrased it my full decision when, in fact, a decision of this board under the rules i'm just doing exactly what i'm supposed to do as if you're fighting against my decision on my own when in fact, i'm doing properly following board rules to send this to committee because of a simple supervisor requested as from the past and now we're voting to oppose exact okay. so madam clerk can you please explain is request and what we are voting on. >> a decision on whether or not a simple supervisor can send a

motion to committee. >> okay. >> if you support that a single supervisor can send it to committee you'll vote. >> i. >> if you do not support it you'll vote no. >> okay thank you for the clarity. >> afterward we'll take a vote to send to committee. >> supervisor kim. >> i think we're ready to vote i think as madam clerk stated it has on the history of the board we've done that 50 percent of time with motion and 50 percent not so this is not a question this board has answered we have historically done both thousands not out of practice no simple supervisor has come onto the board and changes it we've historically done that regarding motions not resolutions i wanted to clarify. >> thank you, supervisor kim. >> supervisor wiener. >> to be fair for the president this appeal is not in

any way a criticism of the president this rule is due to practice or lack of clarity and treated in different ways to the through the chair is supervisor peskin thinks it should be done in different ways that's his prerogative. >> so call the roll a. >> think whether or not the past, present, and future of the president. >> supervisor kim no supervisor mar no supervisor peskin no supervisor tang supervisor wiener supervisor yee no supervisor avalos no supervisor breed supervisor campos no supervisor cowen supervisor farrell there are 5 i's and i have notices with supervisor kim

supervisor mar supervisor peskin supervisor yee supervisor campos and supervisor avalos in the december sent. >> so i guess that means that the decision does not stand; correct? and madam clerk we've already called item 55 so what are we're going to do with it. >> now essentially the single privilege of supervisor farrell's to send this motion to committee has pan recess sentdz and a motion to send with committee with an actual motion bye modest made by supervisor peskin is on the floor. >> so - and supervisor peskin. >> i would like to make a motion to continue this item for one week. >> okay supervisor peskin has made a motion to continue one week and sobriety by supervisor kim and supervisor farrell. >> i'll second it my point of view first of all, i want to

discussion i thought we were going to hear this like jeopardy but but in terms of this one any question is truly we discuss it next week why we send to the full board and others to the rules committee that is appropriate for the entire board to set through a hearing i want to be judicious about but happy to support the continuance. >> okay supervisor peskin made a motion to continue item 55 to the meeting of february 2nd, 2016, seconded by supervisor kim colleagues we'll take that without objection. we'll take that without objection. this item a continued until next week all right. let's get to you're not necessarily final but item 56 item 56 to motion to suspend the

robert's rules of order to consider without reference an amendment to extend the term of joint school district to march 2017. >> okay supervisor kim. >> sorry i'm trying to turn on any mike i'd like to make a motion to file that item. >> or table. >> or table. >> madam president an item certainly your decision supervisor kim on which motion to make tabling will keep it alive for 12 months keep it on the books or vote that down and this dispenses it more efficiently. >> okay so instead of i'll withdraw my motion and take a roll call vote and request a no vote. >> in the advisory committee of the fact that supervisor

breed is asking want public safety and committee to take up issues that pertain to the school district and at times invite the members of the budget & finance committee to sit with the committee i think that it makes extending the joined sorry the joint school move for this year so colleagues he ask you to vote down this item and i submitted in motion previous to the decision that was made by the president thank you, supervisor kim madam clerk can you call the roll. >> supervisor kim no supervisor mar no supervisor peskin no supervisor tang no supervisor wiener no supervisor yee no supervisor avalos no

commissioner borden no supervisor campos san francisco supervisor cowen no supervisor farrell no there are 11 nos the motion fails all right. let's get to the imperative items on behalf of the supervisor mar we have an imperipheral item for the california state assembly authorized by the assembly merry irwin and senator, huh? abandons the sale of poured alcohol in california before. >> i recognize supervisor mar colleagues, i time to read specifically that we have an image pester item that requires the board to conduct 40 two finding of 2/3rd's marge or 8

votes for the adoption of the item at this time, i'd like to recognize supervisor mar to specific the vjd and once we support the finding we will open up for public comment and then actually votes on the item. >> so colleagues he urge support of this as an imperative it is an urgent item with legislative impact and mines is we submitted if this last week or expected to submit f it for landmark but making sure we take action on an important public health issue is critical. >> okay. >> i urge our support to treat this an, an imperative item. >> so supervisor mar that is purely commentary and the need

to take action came to the attention of the board would you like to move those two particular findings. >> i move those and seconded by supervisor farrell workman's compensation we'll take that without objection. those pass unanimously and at this time would you like to continue or open up for public comment. >> let me say i'm really glad patty and paul from the san francisco partnership here as stated powdered alcohol or otherwise as outlet powdered is alcohol is very dangerous it could be slipped in or snuck into parties into big events it has a potential of huge dozens with high abuse friendly flavors are used to entice young people

but puts the young people at significant health and safety problems that is why 27 states abandoned it and 3 other states that included them in the regulations visitacion valley liquid alcohol our health and youth justice coalition is great about educating alcohol justice on a statewide level take a stands in san francisco with our young people in our community-based organizations in the load i urge your support and love to hear in the communities coalition. >> opening it up for public comment any any public comment? to provide public comment on this specific item. >> i just want to say an above

the coalition that is compromised of the go acholic beverage did vietnam youth center and communities scienter and the filipino and the asian-american recovery services and the japan communities and council hypotheticals you think limited and self-center for recoveries and bookstore we urge you to as young people and adults coming together to address the impacts of alcohol to ban powdered alcohol. >> thank you for draet the young people with respect. >> thank you. next speaker, please. >> hi, i'm bryce livingston with alcohol justice and it is great to be in front of that body again alcohol just the california policy alliance and officers association are co-sponsoring those two pieces of legislation there is efforts in other communities going to pass similar resolution we don't want

to see any youth dying or hospitalized as a result of powdered alcohol a jew jeesz it is powdered it is flammable just sugar and alcohol no water it is very dangerous for youth inspect drinks like juice and sometime add another passage that has 12 percent or 20 percent alcohol whatever and it could be very dangerous 27 other states are taken action to ban those a couple of states that a have manufactures are moving towards league of women listing like colorado and others 278 states are taken leave of this we want san francisco to be the

first county to take a stands couldn't control it locally and glad supervisor mar has urged a no support on this thank you. >> thank you. next speaker, please. >> my name is silvia johnson i think this is you know gone unbalanced this out of control and we want to have something that is secure and our - in our nation and our children we need to explain to and to have our justice in our - so whatever happened to the one that was secure so we can stop this that

we have - i already explained to so i don't know how many times you didn't get the message i'm getting you know my education and mind drawings i do i mean this is got to be worse but we need so strong on our alcohol load not to do - alcohol - it is you know about the real absence of the alcohol you know in endures you have done it yet you're afraid of what you'll find but it will be you know an enormous experience

to do that and you know make it to where we are pure and tests are we have had because this is explained too long and you just try and - >> thank you is there any additional public comment? >> on this item and seeing none, public comment is closed. okay. so we've taken a vote already to establish the specific finding and now madam clerk for the imperative item itself please call roll >> supervisor kim supervisor mar supervisor peskin supervisor tang

supervisor wiener supervisor yee supervisor avalos supervisor breed supervisor campos supervisor cowen supervisor farrell there are 11 i's. >> okay. this item passes unanimously all right. madam clerk can we please move on to the next imperative item. >> offend by supervisor farrell a resolution declaring january 22, 2016-2017 as bill demonday night day supervisor farrell. >> thank you madam president that is something we voted for a in memoriam a reminder one and 9 years and the survivor of 1906 san francisco earthquake this came to my attendance they're having a family celebration so make a motion with the finding

this guess purely competitive and came to our attention after the last meeting your seconded by supervisor yee colleagues we'll take that without objection. we'll take that without objection. those passes unanimously now can we open up for public comment are they any public comment? that want to any public comment? that want t any public comment? that want to e any public comment? that want tr any public comment? that want te any public comment? that want to comment. >> on this resolution. >> we do you know inform you supervisors a little bit error that we explain as our resources that we haven't even got to go through i know with we on our court date we can understand when he went to the court i have

no idea the procedures they call more about this going to these who hearings regulate and . >> that's not the tempt we're talking about right nowitempt w talking about right nowtempt we talking about right nowetempt we talking about right nowmtempt we're talking about right nowep talking about right now a birthday celebration for a anyone that is one and 7-year-old. >> i thought that was a birthday issue and i'm not - >> thank you very much all right. any other members of the public who would like to comment at this time seeing none, public comment is closed. colleagues, can we colleagues, can we take that same house, same call? the actual imperative item we'll

take that without objection. is motion passes amazing thank you, madam clerk read the in memoriam madam president we have a closed session on existing litigations the motion that the board of supervisors common in closed session today for the purpose of kevin with the receiving advise regarding the litigation and particular pacific gas & electric is the adverse party okay and madam president i'll recommend we take a 5 minute recess while we place the chamber in closed session >> before that any any public comment? that wanted to comment about the item before closed session.

>> seeing none, public comment is closed. public comment is closed. thank you very much. we'll take a 5 minute recess while we prepare forsession. >> all right. i bast you in e baptise name of - colleagues we are completing our closed session and there is a motion not to disclose motions by supervisor alavos and supervisor cowen we'll take that without objection. we'll take that without objection. the motion passes unanimously madam clerk please right the

memoriam and, yes today's meeting if in america the beloved individuals at the suggestion of supervisor cowen on behalf of the entire board of supervisors for the late dr. espanola jackson on behalf of the supervisor farrell for the late mr. peter and on behalf of the the suggestion of supervisor breed on beef the entire board of supervisors for the last for ms. silva and mr. albert chin and professor allen broadwaycy. >> or the colleagues this privileges brings up us to the end of our meeting anything before us that concludes our business

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>> good evening and welcome to the wednesday, january 27, 2016, of the board of appeals the presiding officer is commissioner honda and he's joined by the vice chair commissioner fung additional commissioner adams and commissioner swig to my left is robert bryan to provide the board with leg and the legal vaunt and

director we're joined by representatives from the city departments that have cases before this board. sitting the front the zoning administrator also known as representing the planning department and planning commission by i believe we'll be joined by senior wrong direction joe duffy representing the department of building inspection electronic devices are prohibited. out in the hallway. permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. have up to 3 minutes - no rebuttal. to assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or business card to the clerk. speaker cards and pens are available on the left side of the podium.

the board welcomes your comments. there are customer satisfaction forms available. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live on sfgovtv cable channel 78. dvds are available to purchase directly from sfgovtv. thank you for your attention. we'll conduct our swearing in process. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. please note: any of the members may speak without taking

you. do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> second thank you very much so we'll start is general public comment anyone wants to speak on a item win the boards gentrification not on tonight's calendar please step forward. >> good afternoon, commissioners my name is donald i'm a resident the city of san francisco and i'm a housing advocate i'm very concerned about my friends and myself pga market-rate members we have a public housing crisis e crisis nonprofits can get permits easier than autistically

the neighborhood we have numerous preapplication meetings we have several community reviews that accompany with the notification with a sign on targeted marital to the neighborhood at the we have planning department review assessment a two year ceqa and eir design recur and a review that includes a hearings at each of those the public has the chance to comment and make note of project the topic of building design in the in purview rather than the board should consider whether the planning department made errors in handling out permits to deny the appeals and approve

those proposals that come before you or sate exactly where sf planning commission erred in 2345ir review of my appeal that comes before we're in a public emergency an extreme housing stock shortage we urge you to stay and mission. >> if you haven't submitted a speaker card 2 will help with the minutes please do any other general public comment? >> good evening, commissioners my name is renée here to brought to your attention a situation in the city is this working can you see that. >> reference the overhead please. overhead please. what do i do?

>> go ahead. >> really needs the picture to bring texture. >> it's there. >> okay. thank you. >> what i want to point out this is a building exterior facade change that is occurring over on post street and sutter and pier and steiner an entire city block that a building consumes the block what is on the right if you could please keep it up there that would be helpful. >> replace originaleding comma

and causing safety concerns the what they're doing is completely changing the facade and adding extensions horizon extensions to the building at the top and bringing this cement siding it overwhelm pier and stern and post on that block are beautiful period this is a viewiner and post on that block are beautiful period this is a view on sutter - there is a beautiful historic church building this is another picture of the church and on the other side of the street are beautiful period

victory telethons that they've kept up nicely this permit was put through the process with permit in expediters - this permit didn't go under 317 this is a picture of horizon top and on the permit application it's the contract numbers are disconnected the reason i said to bring this to your attention. >> i'm sorry your time is up. >> simply ask the planning department to report on the next appeals hearing. >> thank you very much

any public comment? general public comment seeing none, item number 2 is commission questions or comments and commissioners anything. >> as our previous predecessor any additions, deletions, or changes. >> haven't called that item yet. >> the comment. >> so we'll move on to item 3 the minutes which the board should consider the january 28, 2016, minutes dot to. >> commissioners any comments on the minutes. >> no commentitto. >> commissioners any comments on the minutes. >> no comment we need a motion commissioners. >> move to adopt. >> seeing none, no public comment commissioner president

lazarus commission lazarus and commissioner honda commissioner wilson and commissioner swig that motion carries before we move on to item 4 a housekeeping matter on 9 a representative here for the permit holder if you are here please remain standing there is a request by the council for the appellant to have the board consider a continuance of this matter we can give each side and make a decision depending on what the board says we'll call the item or continue it until later are you represented by council tonight so we'll hear the

appellant and hear from the permit holders so please step forward with the presidents consent 3 minutes each. >> yes. >> thank you commissioner honda and congratulation bryan patterson for the appellant i'm spanking speaking on item 9 at the end of the agenda and requesting a continuance to the permit holder can file a brief the permit holders brief was due last thursday and i believe they wanted to file an appeal and didn't make it as a result explicit file a brief we want them to file a brief if they don't we'll be engaging if a technical discussion of calculations with no notice ahead of time the arguments or

their evidence to be elevated it is prestige and the board to calculate that evidence ahead of time this is a tactic we call sandbagging the court call those sort of things short tactics and highly disfavored the board cannot vault this nor can the department opine on it and from our prospective we have no idea if they've had several weeks and send to their experts for review for the boards and our sake we object to this tack tick and request this board continue this matter to the next valued hearing date so accident permit holder can file their brief we

previously reached but to the permit holder to allow them to do this they refused i understand developers want to move quickly this project has gone through a lot of legal process at this time mostly years i believe that a week or two for the boards next available hearing date will make a small difference in timing but come to the right results in this case thank you very much i'll be happy to answer any questions you may have. >> >> we'll hear from the permit holder now. >> good evening board members i'm bruno it is my wife susan and my father helmet we will start by saying we're not developers we're homeowners this is our first home we live at and

we've been told by the attorneys of the appellants through 4 hearings including this one starting with dr review in front of the the planning commission and the board of supervisors and your you all last year and frankly, we're getting tired it is been an abusive process most recently, we won a court case the superior court in california all in our favor the issues the brief by mr. ryan certainly this this round hold no merit with the others there knit picking how i filled out the application form. >> sir we're addressing the continuance.

>> oh, oh okay. i'll focus on that my understanding is that well, i apologize for not submitting a brief in reflection i don't think there is anything to submit to support those issues i'll prefer to address in my allocated time they're not complicated matters and i'm not sure there is a reason to submit a brief we're tired of abuse and i'm sure the city departments will be able to say a few words on those issues so really i guess there's not much to say. >> i'd like to add we actually missed the deadline it was not - we couldn't file it my husband

said in retrospect not necessary. >> yeah we'd like to precede tonight i don't know those issues are that complicated if this is possible thank you for your time. >> thank you. >> thank you anything from the department mr. sanchez or mr. duffy any comment on the continuance only seeing none, commissioners you have to make a motion or if you don't we'll precede the item later. >> okay seems no other motion to be made; is that correct president. >> that's correct. >> shall i call the question? this is a jurisdiction request the board received a letter if larry yourng young taking

jurisdiction over the application which was issued i october 21st by the department of building inspection it end on november 2015 and it was filed in 2015 the permit holder so here and add bedroom 2 and a half bath and replace the dry rot and exterior walls and reroof at northeast rear and replace slab and balcony we'll start with the requester mr. young 3 minutes to address the board. >> good afternoon board members my name is larry young i'm actually here to basically state that the developer and architect started the projectile bought the property next to my building without a permit alternated the roof.

>> i'm sorry speak into the mike. >> they've alternated the roof and the plans stating the existing plans didn't exist preceded to obstruct the roofline that obstructed the lights into the ground floor so i'm here to state that they have totally disregard for the neighbors first of all, to do this and on top of they've built a tall fence that obstructed 1/3rd of the kitchen window just to make the story - no way fast forward they've complied with some of the requests but been an stressfully ordeal for me and my tenant i truly want to see the altercation plans

they've made for the new rooftop that is trying to follow the existing rooftop that is much lower i've made the architect to view to meet him at the job site to measure the rooftop i've not heard back this is where we stand at this moment. >> thank you. >> we'll hear from the permit holder now. >> commissioner vice president honda and commissioners i'm susan this is sandra represents the building owner i'm the architect on the project this was a permit that was actually submitted in error on our part i hate to admit that

basically, if i can represent things the overhead that would be helpful so you can see the conditions this existed so this is the rooftop that apparently got built in error the one on top we met with the neighborhood mr. young and the neighborhood in my office this was a month ago we discussed the issue the issue was that when i took the measurements in the field i measured the interior space i have the measurements i'll show you in the moment and that red two by 6 represents on the face of framing represents where the rooftop should have been okay. so what

we did in the beginning just to give you a chronology of the events that was where it was framed because the contractor took everything apart and basically followed the existing ceiling line to frame the new roof this is the way it should have been framed with the dimensions and those dimensions come off of my field dimensions that show right here is the section of this area right over here which represents a crossing cross section of frame show us 97 and a half inches the high points 76 inches to the lower frame and 2 by 6 frame we've met with appellant and basically said lock it was an error i want it muttered the field i do the

plans i didn't measure the exterior of the building i only measured the interior and when i drew the plans sent them to the owners for their approval they basic approved the concept we are moving forward i sent a colleague to measure the exterior of the building in the meantime the contractors exploratory demolition contractors went outside the scope and had tore off and reframed it when someone from my office measured it they measured the new framing it pulled the new permit to rectify the problem it was reframed. >> your time is up. >> can you finish. >> yes. this is the framing inside and this is out loud of

the building this was a photograph i took this morning it was boarded off but the framing document is consistent this was the original roof area where the roof was i i cannot give you a better picture than that the permit was pulled the framing was done to rectify the rooftop and right now i think all framed in properly and the sheet is on i think that the roofing is going on tomorrow. >> thank you very much. >> when was the new permit pulled? >> the original signature of the permit was on 11, 20 by the planning department staff it was issued on one, 15 so i made an effort - what i did mr. funky made an effort to

contact the additional we have an i said i want to meet you the field i didn't hear the appellant on this matter and at the last moment they started to request to meet with me honestly, i didn't want to meet he thought that was to be taken up by dbi i didn't want to meet with them to be on the site is a liability and all the text message and e-mails i might have received was a little bit hostile towards me i didn't want to enter into battery game i didn't want to engage quite

honestly this was the text message i've sent them this was a very - the day after a met with them. >> any other questions commissioners. >> i have a question which permit is which mr. duffy can - >> okay. >> i can show you the permit. >> thank you. i'll wait for the inspector. >> we'll hear the inspector and again commissioners this is a jurisdiction request. >> good evening, commissioners joe duffy dbi last week he never got a chance to congratulate the new president commissioner honda on the appointment and commissioner fung for vice president on behalf of dbi.

>> so on this jurisdiction request there is actually that building permits obtained i'll read them the first one was the exploratory demo for dry rot to check for damage and limit to 2 feet in height that permit was issued over-the-counter other than 11 of september, 2015 the permit under our request is for modified interior walls and add bedrooms and 2 1/2 bath and termite damage and reroof at northeast rear replace slab on rear balcony that is to over-the-counter permit that was on october in 2015 and it was issued on the 21st of october r78 2015 it went through

planning review building review and mechanical and it was issued as i said on the 21st of october 2015 around the 30th of october we received a complaint at the dbi and an anonymous complaint received on the 30th of october saying the building inspector don it was work outside the scope of permit the height of the house went up and from a pitched roof taking the view away from the neighbors we we respond on the 6 of november on the 20th of november a notice of violation and stop work order was orientated issued it was

issued by don the district building inspector and steady the scope of the building application and the rooftop changed wee rear side walls extend and salutation of the permit is required to be additional by the roofline has been changed we instructed them to provide the plans for the work done and planning approval will be required the permit must be revised and approved we had another permit that was taken out to modify the original permit that ends up in 95 if the drawings reflect the error to the conditions the northeast rooftop to comply with the notice of violation i did review those drawings and it looks like the latest permit issued on the

15 of january 2016 was back that on the 20th of november so it was filed pretty much the same day as the stop order i think you've heard the architect it was issued are correspondence with the neighbors it actually was issued and my understanding is that they've been working on reducing roof to what that was originally we'll we'll have the roof back to where that was originally we dealt with the complaint and now take care of it i'm available to answer any questions. >> how had had i determine what the original roof was you could use google or off the photos i had that discussion with the senior donald duffey

the neighbors is going to have to help us you know there was i think there is something 90 the brief of a 6 foot that's what the requester said 6 feet will appear i've not seen when you get down to 6 feet in the ceiling i believe there are photographs showing a window and a header above the windows that obviously increases that that is something we'll have to deal with at dbi i'll expect that is forth coming and the neighbor obviously has at input into that they can file a new complaint and look at it is again. >> actually, they, file an appeal this one was issued one slash 15 they've got two days.

>> question inspector duffy the work on the second permit would that require building drawings. >> you'll bring in our original set and bring in the revised set but the drawings yes. that would be right yeah, they will show what we had constructed and the modification. >> did you happen to take a peak and again, the measurement they draw think is drawings you know that second permit to correct one way or another we we've cited them and the requester described. >> thank you. >> mr. sanchez. >> good evening commissioner vice president honda congratulations for your elevation last week i've seen

this by the staff the work the interior and the exterior reflects the dry rot and termite damage that is allowed without the neighborhood notification as you can see dbi has found they incorrectly increased the volume of building at the rear this will require neighborhood notification had they not taken the notice to correct it but given they've brought the building back to the original it was properly reviewed and not rider neighborhood notice and as noted it is within the 15 day appeal period thank you. >> thank you comment on this item? okay commissioners, the matter is submitted. >> well, i think that is

incumbent on the parties to discuss this i don't see where the error outdoors on the part of the department i think it occurred and being corrected by revised permits so the appellant is the jurisdiction requester has the option of filing an appeal on the correct permit that deals with the rooftop i'm not prepared to support the jurisdiction. >> i'll second that. >> would you like to ma that your motion mr. president. >> move to deny the request the department didn't error. >> on that motion by commissioner fung commissioner president lazarus commissioner honda commissioner wilson and

commissioner swig that motion carries we'll move on jacqueline matt versus the parklet the property on filbert protesting the issuance to charles robert schwab an altercations to comply with the notice of violation to rove and replace a recreation and parks department and 6 foot private fence and we'll start with the appellant. >> prior to starting i'd like to make a disclose i have hired reuben, junius & rose on a separate matter reuben, junius & rose representation of the entity powering before the board will not have any effect on my decision today. >> thank you you have 7 minutes to present to the board. >> thank you, commissioners

and board members for hearing the appeal i'll matt a surgeon in san francisco via medical center and residents and one of the owners on scott street my property boundaries filbert i believe you have photos and in brief of july 2015 we received a handwritten note on the property and with a request to contract the property owner have an opportunity to build a new fence not to touch our retaining wall our property will not be affected and only need to set foot to stand in our yard to put up the wall we gave verbal consent the workers started to demolish our wall without our

consent and built a support frame and damaged the plants and built the wall twice the size we made multiply attempts to contact him and had letters delivered to his residence with no response my wife kablt inspector duffy and to stop the work the work continued nonetheless at one point i found the landscapers on our property and the foreman my mind i knew about f that this was forwarded to the enrollment department and ultimately the owner managed to arrange for a permit less than a week later the property owner left a hose running the water fleeing was sufficient to flood our entire yard i have the video

cliffs i'll be happy to to show you we've experienced flooding every time it rains the concerns i'll show you the video in time permits the permit inaccurately describes the new wall as 18 inches tall not 4 feet by the legal team and navigation the wall is 5 foot 10 inches tall and the discrepancy relates to the neighbor raised his wall without permit and from his side only the proposed told. (off the record.) foot monuments to an 11 foot wall shouldn't be loud without the consent and less than 50 foot soil

disruption didn't accountant account for the magnificent regrading the lawyers said our complaint it not in keeping with the properties the neighborhood and it violates the san francisco and given the fact it was built without prior permit it pose a safety hazard to us and our children at the 11th hour having originally experiences the flooding the quote the lawyers have removing the loopholes and no guarantee that this rectify the drainage nor make it more safe throughout this entire process the owner has treated this not good it should be recognized and the fence disallowed and the wall

dismantling and it must comply with restrictions and the accuracy for drainage thank you for your time and consideration again, i'm more than happy to share the video or voicemail of the flooding thank you >> thank you. >> thank you we'll hear from the permit holder now. >> good evening melinda reuben, junius & rose i'm here on behalf of the pertain to legalize the wall and replaced the previous failing wall with a sturdy structure unfortunately, the contractors incorrectly said no permit was

required when he received the notice that a permit was needed he stopped the work and submitted a permit to comply that was orientated by dbi and immediately appealed to provide context on the site we'll place on the overhead site the owners property it shown in blue fronts on filbert and this is the hilly area the grades slopes up from the appellants rear yard to the owners yard and to the properties of west the are respect wall is concrete and extends 20 feet the wall height various from east toe west with 26 feet about 5 feet tall and 02 1/2 feet tall to the west working on the fence has

been stopped for 4 months because there is a notice of violation the property we would like to move forward to complete that as quickly as possible to avoid penalties i want to address first, the height of the retaining wall as i mentioned the new walls ranges from 2 and a half at the west side and due to the sloping of the property the highest point is 2 and a half feet go of the previous wall it will as a matter of law fencing that extend to the wall height the appellants want a shorter wall this is a aesthetic concern neither the planning code restricts the height of the retaining wall and from the height up to 10 feet from the grade of the property so the previous grade of the owners property was 2 to 2 and a half

feet with the previous existing wall the new wall is 2 and a half feet at the highest point the 6 foot fencing will extend to 2 and a half 8 feet and within the planning code requirement it is also a reasonable height for the fencing in the area the soil at the rear of the owners yard has not gunning been done once that is done the fencing will create persists for the pets as you can see from another incidental on the monitor which is in the brief the fence is going to be shorter than the fence on the adjacent property to the west that borders the appellants property because of the grade your naturally seeing it higher secondly, the

appellants don't like the material, however, it is an aesthetic preference the wall materials that have been selected are high quality and meant to last long term and third the appellant stated the previous wall was on their property this is not the case the retaining wall is on the rear property the appellants have the burden but not provided evidence which is directly by the site conditions finally the appellants did object to the water that led to water run off we reached out to dbi to discuss the design and were told the drainage is not approved in other words, to resolve those we've proposed permits that was are included in

your packet die we are asking you to approve the permit as revised which is resolve at this time, i'd like to ask our engineer david jones to come up and talk about that and how it will abate water run off. >> good evening i'm david john's the california civil engineer that prepared the structural calculations from this on the overhead the currently proposed plans modified from the intimidated plans to eliminate the water run off to address the concern to accomplish this the plan the revised to fill in the previously shown loopholes instead of directs the water to or 3 dry wells it extend to 10

foot blow the surface and those are noted on a the drawings the revised drawings show the steel to enforce the strength of the wall as marked b this work was done on the owners property as well from the revised lastly the revised plan shows the ground surface and the existing wall and makes ta a note that limits the fill to 2 feet it is marked c we on the current proposed plan has redundancy and it has been designed to resist the conditions and a drainage as a back up measure the wall was designed for a

maximum feet of 5 feet from the marks d from the majority of wall retained height is less than 5 feet and lastly this will discuss in daily that is represent opponent and dbi can conform confirm that is code compliant and should could be approved thank you for your time i'm available to answer any questions. >> counselor are you finished. >> two questions you keep mentioning 5 feet and 2 feet is that measure on what does? >> measurement that will be a measurement from the total height of the wall. >> pardon me. >> it should be a measurement from the grades at the start of

wall on their side of property. >> the permit holder 90. >> no, it is on our property so, yes from the location of the wall because of the wall to the top of the retaining wall. >> your photograph indicated the soil to be relatively close is it looks like it is 4 to 6 inches below the top the new wall; is that correct. >> let's see. >> i don't understand the question. >> i refer to our photo where you show the fence. >> this is looking from presidio's property.

>> that's not on the one you you were showing up there. >> no. >> let me put this on the projector is that photograph 6 from the permit holders property looking west. >> in the photograph she had was different. >> you're talking about an exhibit to our belief rather than the plan sheet. >> i'm talking about the single sheet you put on the overhead. >> previously. >> during your presentation. >> that will be this image

right here. >> right. >> this area that i'm public health at on the monitor from the permit holders home looking at the rear wall no fencing construction in that area so the retaining wall is here and there is excavation along the area next to the call where some soil moving the area and not showing you a direct on view the entire rear wall. >> right. >> just to be clear this photo is looking at the new fence. >> this photo. >> the permit holder fence. >> the new retaining wall and what your seeing on top of is the meshing. >> if you look at the grade it shows that the soldiers e soil is relatively close to the top

of the new concrete wall. >> so there was some moving of soil during the shaping and some is shoved into the wall if you're looking at the length of the wall it has got a lower area of soil not filled in yet where the tree is located another image i'll should you. >> okay. >> this guy see so this is you're looking from his building towards the rear of the property line it the tree fairly close to the property line you're seeing the retaining wall the backyard they've not moved soil to level off the property line so about a foot down. >> yeah. >> the retaining wall walls walls are built with 6 feet of work. >> after you fill. >> yeah. >> i'm going back to any original question your

indication is that the height of the wall is 2 feet plus to 5 feet is that from the appellant side. >> yes. yes. >> what we'll work with that later okay. >> may i ask a question you character the wall as failing who made that judgment. >> you were in involved stones were falling down via the property line and didn't retain much. >> who the owner my proton problem it this did you do a one survey. >> no. >> did the appellant do a survey. >> no. >> whose wall is that. >> we maintain our wall that is on appeal they'll have the burden of showing the wall is

located on their property. >> so no professional there was no professional study other than someone saying it was failing and no concussion with the property owner next door to ask have any discussion with regard to tearing down something that was they preserved was their property. >> no survey. >> so the owner the permit holders arbitrarily said this was failing without an engineering study and a determination it was owned by them. >> not that i'm aware of paw thank you. >> thank you inspector dufnspector duffspect thank you.

>> thank you spector duffyw thank you. >> thank you spector duffy thank you. >> thank you spector duffyt thank you. >> thank you spector dufh thank you. >> thank you spector duffya thank you. >> thank you spector duffyt thank you. >> thank you spector duffy. >> commissioners joe duffy dbi the case with dbi started a complaint was filed on the 31st of july 2015 on phil berry street the owner removed the retaining wall 3 feet higher wall the previous wall adding 6 feet property line fence to property from the orders of scott street and they give us a phone number to assess their yard the case is referred to via the inspecting 2k078d of donald duffey he issued a notice of violation on the august 7, 2015 for a site

visit the notice of violation read a complaint is filed with this development with a concrete walled 8 inch thick poured wall approximately 5 feet tall not including the north wall stop all construction and obtain the building permits plans indicate the height of the wall to existing grade and height of fence an approved drainage and the building permit under appeal remove and replace the property lines property line with the fence and work not visible from street not ordinance not

applicable that was gotten over-the-counter permit and through october of 2015 that was through the building the same day and it was approved over-the-counter as i said and a permit was issued on the 15 of september an appeal was filed and we have the appeal suspended from 2015 after the appeal was filed i was contracted by the attorney for the property owner i arranged and meeting at the sited brought a structural engineer geotech engineer they met we had issues with the poles into the neighbors property you must take care of drainage on our own property it is a sloping