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tv   Government Access Programming  SFGTV  July 6, 2018 3:00pm-4:01pm PDT

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there is no conflict in voting for oneself. what i am taking issue with, is it seems a little inappropriate for the outgoing mayor elect to be voting for the chief of thiss legislative branch. and i mean no disrespect, supervisor breed. i wanted to say that. it is important it be said and recorded for posterity. having said that, i think all ten of us, and whoever the new incoming supervisor -- we have to watch what incoming, one from district eight and whoever comes from district five, we will, as we have in the past, continue to work together and do so with respect for the betterment of san francisco. >> thank you supervisor peskin for your comments. i too was disappointed in what had occurred in january, and in order to move our city forward,
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it is important we move past the arguments and the petty politics for the purposes of doing the job necessary to make sure that we move our city forward. i think it's irresponsible to leave a gap in the presidency, especially after what had occurred with our mayor and what we experienced, which none of us anticipated. as you said, it is perfectly legal, despite the decision in january that was perfectly legal. we may not agree on how, and the results of the decisions, but ultimately i hope we can agree that the work of sam spence -- san francisco needs to get done and we need to move forward to. it is a very short time. so there will be an opportunity to elect another board president in january of 2019. thank you for your comments. >> thank you. i will make a nomination today, but i will not comment on this issue. but after supervisor peskin made his statement, i think it is
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extraordinary that we've never had a case in which the mayor elect does get to participate in the voting process for the head of another branch of government. that is what it is in today's vote. i want to take this opportunity to nominate a colleague of mine who i came in in the class of 2010. we have spent eight years, close to eight years working together. i really have to say it. we have both grown so much on this board. in fact, we really spent our doubt -- adult life serving on the board of supervisors together. we are the same age and we went through many of the challenges that occur when you join an elected office that can be, at many times, unpredictable, challenging, and rambunctious. sometimes a little mean but also
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incredible. incredibly great. i have really enjoyed watching supervisor melia :-colon develop and grow as a public servant, and as an elected leader over the past eight years. it has my pleasure to serve with you and i'm so glad we came on board together as tw to what the young women of colour, that wanted to serve our communities, and i still remember the day that sharon hewitt introduced us. in 2,009 she said that -- she came up to me and she said you both need to support one another. and i remember sharon because of how persistent she was in insisting that communities of other art -- color are together. we cannot win when we are divided. we cannot win when we fight over scraps. we can only win when we are in
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coalition with each other. i remember the class that she used to coteach with my former boss at chinatown community involvement centre, and the work that they so intentionally dead to bring our community together. i still hold those words dear to my heart today. it was an incredible loss for both of us and many of us were in this room when she passed away in january. she has proved yourself as chair of the budget committee over the last two years, and as many members of the public have noted, has been an incredible advocate in taking on one of the most difficult issues in this country today. which is how local police work and how we can ensure everyone feel safer when they see a police officer walking down the street. and what that actually means. i think that that is an ambitious goal, a challenging goal, but when you have truly taken on. many of us have shied away from it because it is a difficult issue. i want to appreciate how much you've studied this issue and what an advocate you have beco become. it has been incredible to watch
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you at both committees and advocating on this issue, among with many others. i would like to nominate my colleague here today for the president of the board for the remaining six months of this term. >> k. supervisor kim has nominated supervisor cohen. >> thank you. i also wanted to just briefly mentioned that i do think it is a shame that today the duly elected incoming supervisor of district eight won't be able to participate in this vote for who will serve as a first president in his first six months of the term. i just want to note that, you know, this was a very close mayoral election. as i've congratulated president-elect breed on her absolutely fair when, i do think that the city is one that is a
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very divided. i'm just really hoping that we are going to be able to work together in that cooperative spirit that you have definitely, that you want to work in that spirit, and so do i., moving forward. so that we can bring the city together and we can work on these tough issues that we have to solve. that the city expects us to solve. i'm looking forward to that. i also wanted to talk a minute about supervisor cohen who i will be supporting as the next board president. supervisor cohen and i have a balk at times, and we've also been great allies at times. you are tough, she's tough, she's passionate, and she is professionally spontaneous. something we don't always get from political figures. and supervisor cohen has taken some righteous -- righteous stands on issues that are important to me. she has been a clear voice on
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the need to protect immigrants and has fought against the weakening of local sanctuary city laws on several occasions before donald trump made it popular to do so. i want to note that. that is important. she was there with us a long time ago. when many people were not. i will always, always deeply appreciate that. she has been a strong and meaningful advocate for police reform, as we have heard from many of the public commenters today. she hasn't been afraid to stand up to the police officers association when they tried to bully her, and she has voted with the so-called progressives on more than one occasion to ensure a strong independent police commissions. that means a lot. supervisor cohen has also been a leader on ensuring equity goals are met in the emerging cannabis industry, and that is something i know means a lot to many of us on this board of supervisors. i believe that in this time of
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great change in our city, not just great change in the mayor's office, but also on the board of supervisors, where we will have at least five new colleagues in a very short period of time, that as we are transitioning after a tough election season, and another tough one, in just a few months, that supervisor cohen will provide the ability that this body needs after quite a tumultuous time in the city. so it would be my great pleasure today to be supporting the nomination of supervisor cohen for the next board president s see. >> thank you. >> thank you. it is an honor to support a friend of mine that i have known for almost 15 years. someone that we started our political journey together on a campaign for mayor and here we are. congratulating our new mayor elect. i think that this transition is
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appropriate. it is timely. we have an opportunity to bring this board together in a unanimous way. in a conciliatory way. i thank -- i think supervisor cohen has the lead on some important issues. i want to highlight two that are near and dear to my heart. the idea of taking on multiple multibillion-dollar industries, one being the beverage industry, one that has chosen to single out, consistently, communities of color in their marketing, in their design, in their ability to try and bring in new customers, i think that was a heroic effort. i really, really congratulate you on that and how important that is added to the lasting effects it will have. we are beginning to see that. we are beginning to see water stations put in. i can attest to my own child he was in kindergarten and second grade. seeing the entire culture of the way we view sugary beverages
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change in front of my eyes. you are a big part of that. that will have a lasting effect on not just san francisco, but our entire state. secondly, another multibillion-dollar industry, the tobacco industry. it is another one that has singled out communities of color, particularly in the african-american community. through marketing, design, menthol cigarettes, flavoured tobacco, with all the things that we learned about. i was proud to cosponsor the legislation with you. truly, it was a learning process. we learned that if you don't become a cigarette smoker by the age of 18 or 19 or 20, you will never become a cigarette smoker. that is what this campaign and this fight was all about. and she led that. those are two things that show a lasting -- that will have a lasting impact on san francisco,
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but also show the ability to lead and lead on important issues where others were not able to lead to, and to challenge multibillion-dollar industries. i'm proud today to support you as my friend, and as my colleague. >> thank you. >> thank you. this with the lot be the last time i get to say president reed. you know, supervisor cohen probably doesn't remember this. but i met her the first time -- this was in an elementary school. i don't know if you remember that. no, you don't. i was on the school board at the time. you know, when you choose to speak later, you begin to run out of things to say that other people haven't said already. i think all those issues that my colleagues have already pointed out, issues that you can lead
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on, are very commendable. i certainly have senior leadership, and i've seen you grow, also, from the time of this elementary school until now. i guess, one of the things that nobody has mentioned yet, i think you should get some credit for also, is the joint forces to support the seniors and passing the dignity fund. was at last year? or three years ago? in your leadership, i've been a really, really -- happy with your leadership being the budget chair. i've seen you -- what you learned from last year and applied it to lap -- this year. it has made such a difference in how you've grown and so forth. and i think part of why i will support, why i want to support you as i've seen the leadership that you display.
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not only on the budget committee but also on certain issues, in particular, asking questions about what the police department is doing and not doing and what they should be doing. i think you constantly stand up to a very hard set of issues with the police department, and i think because you are at strength in that, hopefully in the next six months, we can continue to move forward. i'm happy to support you for president. >> thank you. >> thank you president to breed. i wasn't going to say anything, but it is so rare of an opportunity that we actually give praise to the people who serve on this board. i think public service is so difficult. it's one of the things i think i've learned of being on this
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board that it is a very hard job. it is a job that you take home with you every night, and you really don't ever shake it off, even on vacation. i will say that i have really grown to respect the leadership of it supervisor cohen. i think that what i particularly like about her is that she has integrity. she has courage. it is so lacking in so many politicians and elected officials. she has a moral -- the moral courage to stand out. i think when you see someone be strong and courageous, it allows you also to look within yourself to find your own courage to make the right decisions. and i think she should be recognized for these groundbreaking -- this groundbreaking legislation that she has authored. it is true about the soda facts
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-- tax. the sugary beverage tax. she just bought the tobacco industry. she will serve us well as a board president and she will serve us well on the board of equalization next year. i really like the fact that if she is not that nice to me, i say to her, you know, that's not nice and she apologizes. but then i really appreciate that sometimes she is not so nice to those people that actually are really not nice to people too. i look at her and i say, yeah, you go girl. and then i just want to say, during that hearing on hunter's point shipyard, completely inspired by your courage, but also your ability to really nail them on what they have not done for your community, and i just have to say, that i think this next six months with you as our
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board president, i hope to learn more from you. i hope to also serve you as a member of this board, and i wish you a lot of luck. i think that you will serve us all a very, very well, with a lot of integrity. a lot of courage. a lot of patience for how good we all can be. >> thank you. thank you. i hope you are not letting this get to your head to, now. [laughter] just kidding. all these kind words. i guess it is a preview for all of the great things we will say about you before november. you get a preview of it. i think i first met supervisor cohen when i was an intern and you are in the mayor's office. a lot has happened to the both of us in the last decade or so. you truly know your district really well and it's a really difficult district, with so many different issues and challenges that you have to work on, addressing, responding to, but
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also being proactive about. i have also, like everyone else, seen you grow in this role. the chairwoman ship of the budget committee. as everyone has said, we love you speak your mind. you make us all laugh. thank you very much for your leadership and i look forward to seeing you in this board presidency. >> thank you. >> i just want to add that when i was pregnant with my daughter, i was going through the emergency program and i got a call one night and she said hi, this is supervisor cohen and i'm your mentor. she was assigned to be my mentor she has been my mentor since. you know, to have three women on this board -- three emergency women on this board and seven women on this board, you are a fierce female leader that i look up to. i want to let you know that when i've been on the board, a very short time obviously, and i worked with you as a legislative aide. what i appreciate in you is the
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fact that we have not always agreed, and when i reached out to you to learn from you, you have been so kind and gracious. i think that is so important. we don't always agree on things. it is really important that when we don't, we reach out to one another and try to learn from one another and do it in a gracious way. i thank you for doing that. i just want to thank you for all the work you've done to encourage other women to run for office. you are a leader in that regard, and again, thank you for being my mentor and for canoeing -- continuing to be so today. >> thank you. i just want to say that i am really excited to move to room 200 and have the ability to work with you as a leader of this board. we've been through a number of incredible battles together over the years and i can't believe we've been able to make it this far. the challenges with the
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industries that you've stood up to, the challenges with issues in a very complicated community that's continuously neglected to kak how you have stood truong -- strong and tall in this chamber to defend the residents of district ten and putting them at the forefront of the decisions that you've been able to make, it has been incredible to watch. we have grown in these positions together, and your heart, i know, is not only for your district, it is for this city. i am grateful for your leadership on the budget and your leadership around cannabis, around police reform, fighting the tobacco industry, and the sugary beverage industry and all the other great things that people had talked about on this board. it shows you have lead by example and you will continue to be a leader here in working with your colleagues and working with me and other department heads to help us move a san francisco to a better place. i couldn't think of anyone better and more deserving to
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serve in this capacity. i am so grateful and honoured for your leadership, your friendship and your support over the years. i'm looking forward to a day when aware -- when we are all doing a lot of great things for this city where we see and feel the difference. this is a testament today of just how well you have worked with your colleagues and how you will be a great board president to move us in the right direction. at this point, seeing no other names on the roster, i will ask, are there any other nominations? i will ask again, as required by angela garrick are there any other denominations? there being no further nominations, nominations are closed. colleagues, is there any discussion? and we will now proceed with the election for board president. madam clerk, please present the principles for this election. >> given that there is just one name in nomination, i think we
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can dispense with the principles. >> thank you madam clerk. [laughter] angela breaking the rules. [laughter] all right, colleagues, army readare weready to vote? madam clerk, on the item, please call the role [roll call] >> when i call your name, and i will be calling it in a boat that we have taken today, you will mention the name in nomination you would like to see as our next board president. >> all right [roll call] [laughter]
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madam president, there are 11 votes for supervisor cohen to be our next board president. >> congratulations to supervisor cohen, the next president of the board of supervisors. [applause] at this time, we would like to give you an opportunity to make remarks. >> ok. i have a couple remarks. i had thoughts organized but when i listen to you all speak, there's a few things i need to correct. [laughter] >> first of all i want to say thank you very much. it is such a tremendous honor for me to be elected unanimously. i know how difficult that it is for this body to make unanimous votes. i'm grateful for the kind words. kt, it did not go to my head, but it went to my heart.
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i want to say to the members of the public out there that, you know, i've made a heck of a career being everyone's second choice. [laughter] everybody's second choice. [laughter] and this has been an amazing ride. i will say my last remarks for december. but i want to stay a couple things. supervisor kim, i remember sharing -- she was sharing that when you we were put together other other times wheand there i would come home crying to shar sharon. and she said, it doesn't matter. she's your sister. that has truly been ingrained. it is true. when you think about it, we do rise above it. the sisterhood is absolutely strong, and you guys touched on it a bit. you are able to uplift people where they are. and help people along. i want you an acknowledge everye
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who has been with me from the beginning. this has been a tremendous growth opportunity. i was 32 when i was elected and have been growing in a very public forum ever since. i really want to also recognize my staff. my staff and interns from the past and in the present that have helped me get here. and of course, mom and dad. at home they are watching. and i will go back to my prepared remarks so i can keep it together. [laughter] ok. in the meantime i'm excited to work with all of you in this new role. i want to start with the clerk of the board. happy birthday. you've been tremendous help to me. not only in the budget but as a young elected trying to find her way in the world of politics in san francisco. and of course, our deputy city attorney who always provides
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excellent counsel to me even though i sometimes need to take a second opinion. [laughter] it is never personal but it is always fun, i tell you. i want to also let the supervisors know that this is going to be a house that is going to always stand strong and fight for democracy and keep a san francisco first of mind. no matter who sits up there or who sits in the mayor's office. that is the charge of the oath we take the day we are sworn in. i am grateful that you have seen enough in me in my character to elect me to serve the last remainder of this year as board president. the past several months, seven to be specific, have been very difficult to get through. each of us have been in the leadership role in navigating our friends, our family, our constituents through the tumultuous choppy waters since
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the passing of ed lee. thank you. thank you for your unwavering service and i look forward to standing shoulder to shoulder with everyone to do my part to continue to improve on the lives and the citizens of all of san francisco. thank you very much. [applause] >> all right. thank you very much. ok. well at the end of this meeting, i will no longer be president, but i am honored to have served in this capacity, and i am so grateful that supervisor cohen has stepped up to the plate and you are all going to be in good hands. i will be at the meeting next week for sure as well because i will still be on the board of supervisors until then. >> week after next.
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>> the board is on recess, to have a wonderful 4th of july holiday, and we will see you all on july 10th. with a bat, madam clerk, please read the in memoriam. >> given that there are no in memoriam's cemented today, i want to say thank you for your service to the department. we in the clerk's office have grown a lot working with you and we appreciate all of your service and we don't -- don't forget us when you go to the mayor's office. congratulations to you. >> i will still send you my time, angela kak with the bat, seeing no other things on the roster, madam clerk, are there any other items before us today? >> that concludes our business for today. for today. >> we are adjourned.
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the june 20, 2018 meeting of the san francisco board of appeals. board president frank fung will be the presiding officer tonight. he's joined by commissioner ann lazarus, commissioner dale honda, and vice president swig will be absent tonight. brad russy will provide the board with any needed legal advice this evening. at the controls is the board's legal assistant, gary cantara. we will also not joined by representatives from -- be joined by representatives by joseph duffy, patrick fosdahl,
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chris buck, and brent cohen. the board meeting guidelines are as follows: the board requests that you turnoff or silence all cell phones and other electronic devices so they will be disturb the proceedings. please carrie on conversations in the hallway. for those people standing by the door, can you please move away for fire code reasons? we have to keep it open. appellants, permit holders and department respondents are each given seven minutes to present their case and three minutes for rebuttal. people affiliated with these parties must include their comments in the seven or three minute period. members of the public who are not affiliated with the parties have up to three minutes each to address the board and no rebuttal. you are asked but not required
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to submit a speaker card or business card to board staff when you come up to speak. speaker cards are available on the left side of the podium. the board welcomes your comments or suggestions. there are customer satisfaction surveys on the podium for your convenience. if you have questions about requesting a rehearing, the board rules or hearing schedules, please speak to board staff on a break or after the meeting or please visit the board office. we are located at 1650 mission street, room 304. this meeting is broadcast life on sfgovtv, cable channel 78 and will be rebroadcast on fridays at 4:00 p.m. on channel 26. dvd's of this video are available for purchase from sfgovtv. now we will swear in or affirm any member of the public who wishes to testify. if you intend to testify at any of tonight's proceedings and wish to have the board give
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your testimony evidenceary weight, please stand and raise your right hand and say i will or i affirm. do you swear or affirm that the testimony you will give will be the truth, the whole truth, and nothing but the truth. okay. commissioners, we have one housekeeping matter this evening. matter number four has been administratively dismissed because the permit was cancelled by the permit holder.
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[agenda item read] >> clerk: so that has been administratively dismissed, so we will now move onto item number 1, which is general public comment. this is an opportunity for anyone who would like to speak on a matter within the board's jurisdiction but that is not on tonight's calendar. please take a speaker card and turn it into gary when it's your time to speak. is there any member of the public that wishes to speak on an item that is not on tonight's agenda? okay. seeing none, we'll move onto item number two, commissioner comments and questions. >> just want to wish our missing commissioner a speedy recovery. >> okay. thank you. is there any public comment on item number two? no? seeing none, we'll move onto item number three, the adoption of minutes. before you for discussion and possible adoption are the minutes of the june 3, 2018
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board meeting. we have a motion on that. >> so moved. >> any comments or additions? >> no. >> no, i'll move on it. >> okay. is there any public comment on the minutes? okay. being none, we have a motion from commissioner honda. on that motion -- [roll call] >> okay. the minutes are adopted. okay. we will now move onto item number five. >> one second. again, the zoning administrator doesn't have any cases, you can just sit in the hot seat tonight. >> peal number five is 18-030, abdalla joseph, d.b.a. safe more mart, versus d.b.a., department of public health,
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appealing the denial on march 2, 2018 of a tobacco sales establishment permit pursuant to article s-h of the san francisco health code. so on april 25, 2018, the board voted 5-0 to continue this matter to allow time for the department of public health to provide information regarding their density cap analysis. on june 6, 2018, the board voted 4-0-1, commissioner wilson absent to continue this matter to allow time for the appellant to get a letter from the department of building inspection's technical services division regarding the seismic upgrades. commissioner wilson, did you have an opportunity to view the video from the june 6, 2018 hearing? >> i'm prepared to proceed. >> okay. thank you. so we will begin with mr. jeremy paul, who is the agent for the appellants. each party in this instance since they were heard before will have three minutes, with no rebuttal.
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thank you. >> good afternoon, commissioners. jeremy paul for the joseph family and "sav mor mart." health code section 19-h, part d has a provision for a relocation of a tobacco permit, much like what we have in this case, in a situation where the store was forced to close and that a subsequent action of seismic upgrade was being planned for that property. i'm going to ask pat boskovich to explain the permit that is active on the subject property, the property that "sav mor mart" has moved out of to explain the circumstance it meets the intent of the code of 19-h-d. >> my name is 35d boskovich. i'm a structural engineer.
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the building is a soft story, has an open front. the interior has no interior transverse walls, so it is a soft story building. the program was setup to be in three phases. phase one, phase two is three of four units, and this building would be in phase three when we get to there, in we do. that would include corner neighborhood serving facilities. the scope of the work includes reinforced concrete, footings, sheer walls and pull downs, any work inside this building of a token nature would satisfy the soft story program. it will -- this work would satisfy it. it just hasn't been required yet because this phase does not come here. we're still working in phase one, which is five units and above. i did talk to the building inspector who's done the plan
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check. he's talked to the building department. i'll let him speak on that behalf. i have been out to the building, and this building does need seismic, and this is soft story retrofit. if you have any questions, i'm happy to answer them. >> that's in the existing application that's currently there? >> no, the application basically says conversion of he electric store to learning center. removes a roll up door, and then, you have to go to the special inspection requirements, which special inspections involves rebar. 19 is sheer walls, and item 20 is hold downs, which means they're adding sheer walls to the ground floor because the permit is only for ground floor work. scope of work is about $3 $350,000, which is about $200 a square foot. >> could you please move away from the door. a fire hazard. maybe you can find a seat over
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there or against the wall. thank you. so mr. paul, do you have anything further? you have 47 seconds. >> yes. thank you. it is difficult to reach a -- the precise standard that is defined in 19-h-d, and the recommendations of this board that a letter of determination be granted -- or sought from technical services at the building department. they don't really have a provision for writing that kind of document quite the way the planning department does. in the -- this certain circumstance, we went to the plan check division, we spoke with mr. duffy. he can confirm the analysis that was done and that this structural work does constitute what would be soft story correction on this case. i think that we meet the intent
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of 19-h-d, and i would ask that this board grant -- overturn its denial and grant this tobacco permit. thank you. >> thank you. okay. mr. duffy? >> good evening, commissioners. joe duffy, d.b.i. at the last hearing, i was asked to give an opinion on the work at 4500 third street. that -- i didn't have that -- all of they see documents with me, which is why we continue it had in a way as well. so i'll just readout the application number, and the permit, as you heard, was for the conversion of a liquor store to youth learning center and other various aspects of work. the value of the work is
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$350,000. the application is a form 8. it means it's an over the counter approval. it's currently in file status. it's -- it's been -- it's been through building plan check, mechanical plan check, intake, d.p.w. have looked at it. it still needs to go to planning, and it needs to go to the mayor's office of disability. now, the permit application and the plans are in the possession of the permit applicant. they haven't done much since january 2018, but i wouldn't anticipate that they are going to do this work and get the permit. the reason we couldn't review the plans is we don't have them yet. when that permit is issued, we will keep one set of plans and pop those in our records, the applicant will get the other plans. so what we did was we spoke to d.b.i. structural engineer robert chung, and robert was good enough to give us an
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e-mail today, and i'll read that out. find it. so this is from robert chung, d.b.i. "this is a form 8 application. i have not had a chance to review the drawings because the applicant has the drawings. based on d.b.i. records, structural work consisting of sheer walls and hold downs are included in the permit work. thank you, robert chung." and then as you heard, we have special inspection for certain items for the enforcing steel, sheer walls and floor systems, used for sheer downs and hold downs, and there are other title 24 special inspections requirements on the permit. this point, i'm available for any questions that you may have. >> that scope of work is not generally reflective of just
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sheer nonstructural tenant improvements. >> correct, that's right. >> it does sound like it's a seismic nature. >> i would tend to agree with mr. boskovich, that it looks like they're anticipating that they're going to be part of some future program, maybe an extension of the soft story program, and if you're going to do work at a property, it is a good idea to upgrade the structural work -- the seismic work in anticipation of that. you don't want to do a tenant improvement and then in five years' time, d.b.i. says you're a part of a program. get it done while you're ahead of it. it certainly sounds like from the inspections and reviewing the plan, speaking to the engineer at d.b.i., it does look like a great beam and sheer wall systems are being incorporated into the building to help with the seismic work. it is a change of use, as well. as you know, it's not a change of occupancy, it's still a
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b-occupancy, but it is a change of use. >> okay. thank you. one question, inspector duffy. so considering the scope of work that they're planning on doing, we can assume that there is definitely going to be mandated seismic upgrade, right? >> no. >> no, there is not? >> nothing. >> okay. >> looks like they're -- the d.b.i. as part of this permit is not saying it's mandatory. it looks like they're getting ahead of themselves. it could be mandatory in the future if they're caught under the umbrella of the program. i have been contacted by the health department. i think d.b.i. should have been involved in this a little earlier, but i think we're setting up where the health department will use us as a vehicle for trying to find out if this would affect the relocation of the license. >> i.e., pin cushion -- i'm just kidding. thank you. >> thank you.
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>> sir, can you move away from the front door, please. thank you. okay. we will now hear from the department of public health. mr. patrick fosdahl. >> thank you. good evening, board members, my name is patrick fosdahl. i'm the assistant director of the environmental health branch. the third time you're hearing this case before you. just as a quick reminder, san francisco health code s-h states that retail tobacco permits are location specific and can't be transferred or assigned to a new person or location. so when the tobacco permit issued for 4500 third street was issued it couldn't be moved to the new location at 4522 third street which triggered this whole thing that you have before you this evening. the health code does have a provision which we -- you kind
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of just all went over here regarding the exemptions to the -- the health code. specifically, and i'll read it here for you, an owner of a retail food store or tobacco shop holding a valid permit was relocate under the building code may -- [inaudible] >> -- so if the department of building inspection is saying that this relocation was the result of a seismic upgrade under that provision of chapter 34(b), then, the health department's position would be to grant the exemption based on that. we're not the building department. that's not our call to make. that's for them to make and let us know what that determination
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is. >> thank you. >> did you hear the stuff related to the building department whether it conforms to the exemption or not? >> i think if we can get something in writing from the department of building inspection saying that they've reviewed it, and they believe that the work involves seismic upgrade, that would qualify under that section, then we would take that, for sure. >> thank you. >> okay. is there any public comment on this matter? no? okay. since there's no other public comment, commissioners -- okay. if there are other speakers tonight, can you please get up in advance so we don't have to wait, and stand against the wall. thank you. >> hi. it's me, again.
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hello again. i just have to say, that this has been a very tedious process, and i know it's much more tedious for you guys than it is for me. something, you know, it really concerns me that these departments don't work together, number one, and especially when they have ordinances that overlap each other. it seems like the department of building inspection and the health department don't talk to each other. they don't even have an updated website, so i guess i can't even really press for that. but even bigger than that, they don't even come with the information that anybody actually asks of them when they are requested. they come with the same recycled information that they had -- and in the -- i'm sure you guys remember me from the last several times. i finally got the e-mail from the lady in the response to the public records request, and it was the same exact letter that they sent to you, which was kind of like okay, if she had the information, why didn't she send it?
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i really just think that they're playing games continuously and not even staying true to the ordinance as it was written. they're not updating anything as the city's set forth in the law. so, i mean, how can you enforce something if you're not even staying up to date on something that is so vital to people's income and the vibrancy of a neighborhood? thank you. >> thank you. next speaker, please. >> good afternoon, commissioners. my name is doris simpson, and i'm a long-time resident of bayview-hunters point. what i heard, what i thought i heard, that there was a possibility for you guys to approve this today, and then,
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when you started asking questions, it seems like it -- you need a piece of paper to go forward. and i've said this before to you, commissioners, this store should be given an award rather than being put through when they're being put through. they're more than just a store. and i don't understand why it can't be grandfathered. it's only two doors -- i hear the law, but it needs to be amended. and it seems to happen in the southeast section because the same situation has happened, and it was granted so i'm asking that we think out of the box and make this happen.
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i'm 85, and i'm tired of coming down here for this samuation. it needs to be addressed. it's not fair to them. all of the other markets on third street is allowed to sell cigarettes. so if i'm smoking, and i'm hooked, and i need a cigarette, i'm going to go to supersave and buy my cigarettes and the rest of the stuff that i need, and that's what's happening. they're being put out of business because they had to move, and it was not their choice to move. so please think out of the box and make this happen. >> thank you. any other public comment on this item? okay. commissioners, this matter is submitted. zwl question f >> question for mr. duffy. >> please move away from the door a little bit.
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thank you. >> who did the department issue a letter to d.p.h. regardtiing the scope of work in the plans? >> it's hard to do that. we're at the mercy of the permit applicant and the owners. the people at 4500 third street have the plans. they have a filed permit. i do not believe that the building code, san francisco building code is going to require mandatory seismic upgrade to that building at this time. that's the interpretation that i read of it. whether technical services division will do something different. without the plans, it's really hard for us. we're not in a position to review them because they are the property of the property owner. we don't have them yet, so unless they voluntarily come back to d.b.i. and review the plans, they would have to be
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asked to do that. that was discussed, by the way, with mr. paul and d.b.i. i let him know that a couple of days after the last hearing. >> isn't it possible that a change of use, in this case, from a retail store to a youth center may be a change in occupancy because a youth center may be an assembly possibly? >> i did check that, and according to the file permit, it's an existing b occupancy, and the proposed is a b occupancy. i think the only thing is that the seismic work that's being done in occupation of a future soft story -- it is a corner building. corner buildings, as we know are vulnerable in earthquakes. we think that it will eventually get to these types of buildings as mr. boskovich said, so at that point, it would become mandatory seismic
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work. so -- but at this point, with the -- there's no change of occupancy. there is a change of use. the building code does not trigger it for that work, okay? >> okay. thank you. >> thank you. >> yeah. i have a last question for mr. boskovich. both soft story upgrades are utilizing frames, aren't they? >> yeah. it's a little surprising they're not -- >> sheer walls usually reflect a seismic upgrade. >> oh, absolutely. the only reason you're putting in sheer walls and hold downs is you're providing lateral strength to be equal to the story above. so they're advancing the retrofit of a future soft story retrofit. it's coming. there's no other reason to put
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a sheer wall on a first floor unless it's a soft story. >> my question was a sheer wall -- a soft story, normally, they're putting in a steel frame. >> you're allowed to do -- the soft story program only allows two different types of retrofit, plywood sheer walls or steel frames. >> thank you. >> i've actually got a question for the d.p.h. you've been here a lot on wednesdays, haven't you? >> yes. >> so my question is, in the language specifically regarding 34(b), could you go over that one more time? >> sure. it says, an owner of a retail food store establishment or tobacco shop holding a tobacco
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sales permit as of the effective date of this x is, s-h.6 must relocate under chapter 34(b) of the planning code may reply -- >> so 34(b), what is 34(b)? is that the building department -- >> yeah. >> inspector duffy, thank you, would you give me a little clarification on 34(b)? sorry. >> all right. >> their language says that they can move it over if it's subject to 34(b). so what is 34(b)? >> well, that's the -- that's the change of use-change of occupancy. so i mean i don't have that documentation with me. this is a health department
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appeal. if there's something on that -- you know, i have the building code with me. if you give me a few minutes, i can look that up. i'll be honest with you. i get contacted by the health department on an e-mail the other day, maybe three days ago about this, looking for directions, someone in d.b.i. to contact. the lady's right, the public. if there's something in our building code and there's this ordinance, why wasn't this -- now, we are going to set something up, but this is the first that i'd say anyone at d.b.i. ever heard of this. i've never heard a tobacco license case or anything to do with our department, but i think it does happen. i can look up 34(b) for you. >> no. it sounds very vague. >> i know. >> at least for me personally, i'm leaning towards, but we have to have some kind of solid base on this. i'm not trying to throw the department under the bus. >> yeah, i understand. i do think you really have to look at the soft story aspects
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of it more than the mandatory seismic upgrades for change of use or occupancy which in this case isn't happening. >> okay. >> okay. >> thank you. >> any other questions? all right. so it's over. thank you. as a design professional, when i hear the term "sheer calls ", "hold downs," "gray beams," to me, that makes me think of soft story. the fact is that any type of improvement like this is a
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seismic improvement to the building. it's my opinion that the exemption comes into play, and i would move such. >> i also concur. when you use the word "sheer wall" it's a type of wall, how it's used, how it's framed in the span in the center. otherwise, they would calling it panelling. so to me, especially with the word, the terminology "hold down" constitutes seismic or structural upgrade. if there's no other further -- i'll make a motion. >> i'm going to move. >> okay. >> i'm going to move to overrule the department and to grant the exemption based upon the finding that the proposed permit for the facility where they're