then there was the other part, becoming the booker t. washington centre, but part of that, which is perhaps of greater significance is the way the african-american community that took it over protected it and was a steward and later returned into its original owners, and that is important in san francisco because unlike in other communities, we have had a tradition here, ethnic groups working together to help one another. but it has been the general

history of san francisco and not the exception, and then of course, there was, some people, and i think it is the least important, but i think it is perhaps the most important is that franklin roosevelt's order was not the high point in american history, but it is extremely showing to walk through the building knowing that it was the center for the removal of our japanese citizens , american citizens who happen to be japanese during a dark hour, and for that reason alone, it is of extraordinary

significance. excuse me. i very much support it moving forward of this historical landmark. >> thank you. >> i would like to ask the commissioners if you would consider giving the sterling history, sterling is quite the word, i guess what i am trying to get at is this extraordinary significance of the landmark and if you could comment on whether whether there something more that we could do in this landmark designation beyond the plaque, there will be a plaque, if there is something in the

interior or exterior that could be done with having this information imparted to the public, and perhaps that is a rhetorical question for myself and for the public and for the commission as well, but i think this is absolutely wonderful that we are finally bringing this to the attention of the public so i certainly support this designation. >> to answer your question, architecturally speaking, this building is not of particular note or interest in my opinion. it has some interesting features , but it is not really the whole thing that is important. it is what has happened at the building, and it is how the

building was treated. it is almost like a time capsule of the 1920s school, and it is a bit down at the heels. it has a lot of problems because doorways are narrow and there are steps in the middle of the bathrooms. there are a number of things that are challenges to any use of the building reuse. the organization said that it is trying to find uses for the building, which would allow it to be financially viable.

i am not as familiar of my architect friends from my point of view, i would not want to do anything which might inhibit the changes to the interior of the building which would be necessary to accommodate a new use because if a new use can't be found, or the school can't be revitalized somehow, then i feel we would have a building to slowly deteriorate, which would be quite unfortunate. did i answer your question? >> well, not exactly.

at a similar dimension to this discussion, i guess, i just wanted to, for the record, just speak about the value of this that needs to be enhanced in some way, maybe it is the benefit, maybe the japanese task force can come up with something , but i feel like that would be my comment if i could add anything to it. >> there is already an interpretive program in japan town signage. >> about this already? >> i believe it includes this as well. >> okay. >> there are a couple of signs that are up in the front that total to history, but we have talked about property owners about our programs. they provided examples of other recent landmarks that held a dedication ceremony. we are aware that it happened, but we could support it, but it

is not something that is automatic. we would work with them to do that if that was of interest to anyone. >> commissioner perlman? >> this is pretty remarkable. i wanted to respond to two things. one is i think it is ironic that when we tear down a building, we require public displays of the history of the site that explains everything about the site. when we landmark them, we don't require that, so people don't know what happens there. relative to the last one we just discussed, without extensive, you know, text and photographs, no one his really going to know unless they personally know that history, so i think that's a little bit of an ironing because it is addressing what you are saying about there is that big front wall with the stairs, when a great place to put a good display of information, and i don't know if that's possible, but that would be great.

i also wanted to address concerned about the deterioration of the building. i think as a landmark, whether the organization survives there or they'd have to sell the building and someone else would come to it, there's a california building code, historic building code, which would allow a significant number of these things that may not need to current code to remain in the building where, you know, you could create some accessibility, but it would not be that every single bathroom might have to be -- sergeant doorways, as long as they are a minimum width could remain, even though they seem narrower than what would be in a new building today. i think the labs marketing is an important step to helping preserve that building, whether it's this particular use, or a future use. i'm very supportive of this as well. >> may i move this? >> second.

>> thank you, commissioners. if there is nothing further -- >> i mentioned something. in my presentation i mentioned after a site visit, we discussed adding two additional defining features and commissioner highly does not here today, but we did talk about adding existing window openings on the inside and the glass open changed out so we are not necessarily talking about the glass, just that those openings remain. >> i think that those ought to be added. >> very good then. thank you. there is a motion that has been seconded to adopt a recommendation for approval as has been amended by staff. >> so moved, commissioners, that motion passes unanimously 5-0. >> i need a motion to be recused for the 900 northpoint item

because -- i am requesting a motion to be removed from the 900 northpoint item because the firm i work for is doing -- i work for the same -- >> very good. is there a motion? second. >> a motion to recuse him. >> second. >> on that motion to recuse him ... [roll call] >> so moved, that motion passes unanimously 6-0. >> good afternoon, commissioners i'm with planning staff. before you is a request for a certificate of appropriateness for alterations to 900 northpoint street, also known as ghirardelli square.

located on the north side of northpoint street between polk street and larkin street. the property is city landmark number 30. the proposed work is located at the noncontributing addition to the historic building that was constructed in 2007. the proposed scope of work includes a partial reconstruction of the existing building to accommodate a new use for the one-story building, consisting of a single restroom and a retail space. on february 6th, 2019, the review committee reviewed a project. at the meeting, they determined the proposed project appears to be compatible with the overall form and continuity, fenestration, and materials, texture and details found at the subject property. to allow the project to be more compatible with the scale and proportion of the subject property, the a.r.c. recommended they be roof detail shall be modified to have a stepped facia referencing the historic facia of that nearby pleasantly and -- pavilion building. it would provide a more gradual

transition from the addition touch at roof to the building's roof and would allow the reconstruction addition to more clearly read as a later addition to the historic building. staff finds the proposed work will be in conformance with the requirements of article ten and the secretary of the interior his standards for rehabilitation staff finds a proposed alterations to the existing not historic building will make it more compatible with the site and will result in a building with greater transparency and engagement with visitors. the proposed work will not remove any historic a character defining features associated with the landmark. and a steel channel detailing found at the lower placenta elsewhere at the site. the overall design has a contemporary appearance i will not create a false sense of historical development, while remaining compatible with the landmark site.

the preliminary recommendations for these projects for approval with conditions. staff recommends three conditions of approval to acquire the project sponsor will be provided with the door front framing, no public comments have been received since packets were submitted. this concludes my presentation. and the project sponsor also has a presentation. >> thank you. >> hello, joshua callahan with the jamestown, the owner of ghirardelli square. we do not have a formal presentation, we just wanted to thank a.r.c. for its feedback during the february meeting. we want to thank planning staff are being in support. this will activate an inactive corner of the square. we are pleased to report we are out of the basic your daily square. we are 100% leading a letter of

intent. this will help activate an inactive corner of the square, but provide space when we are out of space to bring more particularly small and local businesses. this is a small space that will be -- we'll be adding as we have done recently, recruiting local businesses to the square to help interact and revitalize the square. thank you for your support. >> great, thank you. any comments or questions from the commission? opening it up to public comments does anybody wish to make public comment? closing public comments. bringing it back to the commission. >> i moved to approve with additions. >> second. >> thank you, there is a motion that has been seconded to approve this with conditions. [roll call] >> so moved. that motion passes unanimously 5 -0. >> thank you.

>> i will place us on all items 11 a and b. in 20 -- properties at 200 cap street and these are legacy business applications. >> hello, commissioners. i'm here for preservation staff. we have 20 applications before you today. the first is the uptown at 200 cap street. the bar was opened in late december, 1984 by scott ellsworth. the building reconstructed and the immediate apt -- aftermath of the earthquake and is believed to have solved -- held a neighborhood bar since its construction in 1910. the intention for the part was to create a true community-wide public health. they resisted making physical changes to the bar is a city in the neighborhood change, making patrons appreciate uptown as an anchor to the mission.

when ellsworth passed away suddenly and april 2014, his sister, executor as his estate, understood her brother wanted the business to be a community gathering spot and she made it possible for the four long-term employees at the close friends to buy uptown and continue its neighborhood character and place in the mission. staff supports the application and we are recommending the following features to be safeguarded. the full table at the lounge area, the jukebox, the stained-glass window above the bar, a large canvas painting, and other works by local artists , the exterior sign, the december crafts fair, the buyer touchup birthday and the celebration events. we are also recommending to add storefront windows. i unfortunately omitted to add that to the draft resolution because if you would like to

include that, that would help us thank you. i will move on to the second application. it is for san francisco world his jim. it was established in september, 1988 by joe and robin. the san francisco royal jim is a franchise of royal jim international. they're over 220 franchises worldwide located across six continents, 20 countries and several territories. the world his jim branch began with joe gold in the 1960s during the glory days of muscle beach. he opened to the gym in 1975 for the equipment he had entirely handmade. before long, the world his jim was the fitness destination for bodybuilding for the former governor, arnold, schwarzenegger -- arnold schwarzenegger.

we are recommending the following features to be safeguarded. the tradition of supporting neighborhood events, the original world logo and colors, specialized exercise equipment, excellent trainers, nutrition program, their targeted program for established athletes, and their unique programs including suspension training, timed interval training, and powerlifting. that concludes my presentation. i believe some of the business owners are here to speak for themselves. >> great, thank you. >> i would like to open it up for public comments. i have some speaker cards. >> good afternoon, commissioners , i am peter turner

i have one correction. we are actually six of the original staff, and one close friend. many of us are here today. >> welcome. >> we are very grateful when scott ellsworth passed away that his sister, next of kin, worked with us to make it possible to carry his legacy forward and keep the bar as much as possible how it has been for 35 years. people constantly tell us, thank you so much for keeping this place the same when they come back from other cities that they have moved away to, and they come back to san francisco, and it is a place that people can hold on to what they remembered about san francisco. is a place where people meet work and -- and working-class folks come to talk and all different cultures and political backgrounds.

we are proud to have it still moving forward. it has been a challenge with the economic pressures in the city, and we are hoping that being a legacy business might, at some point, provide assistance or guidance in moving forward with it. i guess that probably wraps up what i want to say because i don't want to talk all the talking points, because other people have stuff to say too. >> thank you. >> thank you, commissioners. i am kent cone, i'm also another one of the owners of uptown. i just want to add to that we appreciate your commission's recommendation that our bar be included in the legacy business registry. we have been a neighborhood bar for 35 years. it is one of the dwindling

numbers of such -- such establishments. legacy status helps all businesses like ours fend off predatory landlords, and the often irrational commercial gentrification that is rapidly diminishing the legacy in the mission. i would like to thank -- we also would like to thank our supervisor and staff for helping us support this, and for supporting our application. our manager is also going to speak to the business, but we have a number of our patrons and long-time community members who are here to support us, some of whom will also like to speak to the application. thank you very much. >> thank you. >> good afternoon, commissioners my name is jennifer. i am the current manager and

very long standing employee of uptown. i started working for them in 1998. when scott ellsworth, the original owner of uptown passed away, our uptown community in the mission and beyond where it immediately and bravely where each. the concern was that the uptown character as an old-school neighborhood dive bar it would change. when scott arrived in san francisco, they were overwhelmed by the love and support scott scott had accrued over the 30 years of uptown. furthermore, he was also encouraged by the decades of experience of his long-standing employee is. i was not the only person who still works for scott he was hired in 1998. scott was a special guy, and he built a special place. he was highly educated and astonishingly well read. he believed his bar worked as a salon for lofty principles and thoughts.

there's always a great conversation happening at the regulars corner in uptown, and probably even in the lounge area too. and he measured all of his employees and his customers on great books, and respectful discourse especially. he attracted the same in other people. he attracted people who wanted to work for him and talk about books. i think i probably would not have been tired had he not been wildly intriguing by the book i was reading at the bar that day. on a personal note, since he did attract people like that, uptown is known as a place where a woman can go alone, or maybe just with one of her friends, and sit and take -- and be respected, and not harassed. that is not always the typical experience for young women in bars, but it is encouraged and demanded that the uptown. uptown is a great dive barber you can get a solid cocktail, or

if you just prefer, a shot and a beer. we are really proud of the fact that we make really good margaritas with no sweet-and-sour, and awesome manhattan. we do more than just sling drinks. we also support the community in many ways. we host a hockey league that is a little bit of the bad news bears of the hockey league, but we also are the champions of the pool league. we are well known for our epic playoff games, but we also have had fundraisers for local politicians, as well as for community members that have fallen on hard times. we have watched countless elections together, and we offer promotions if you turn in your vote sticker. we want our community members to be involved in politics and the community at large. we also support local artists. >> sorry, your time is up.

>> thank you. >> thank you. >> hello. thank you all for being here. thank you for that amazing presentation from my world his gym. i want to let you know, it is a licensing, and not a franchisee. we are a licensee. we opened our gym in 1989, and we take pride in giving back to the community. not only do we have all these amazing people come to the gym, we furnished the san francisco police department, the fire department, the spot -- swat team. every time we have traded our equipment, we have given to all of the schools. we have free membership for all of the students. it is important to have health and fitness for all students and that is what i personally take pride in. it has been a -- our family business for 31 years and we are excited to be part of this designation. thank you. >> thank you.

>> hello, my name is rosemary. i have been a resident of potrero hill 473 years. i have known robin and joan for many, many years. they were born and raised on potrero hill, and i have watched them and their children grow up. it was an early dream if there is to open a gym, and when that dream became a reality, robin took me into the empty space and it showed where everything would be. that was 32 years ago, and i have used their facility ever since, and they must add that this is one of the things that has kept me healthy. there jim was one of the first gems, if not the first in the city, and it has truly been a

mom-and-pop organization. robin and joan georgia fathers were involved at the beginning, at all three of their children have -- still work at the gym. not only for the service it provides, but because of what robin and joan do with it in the community. they have put on events for nonprofits, and the underprivileged. they hold events that bring the community together, and they join in other neighborhood activities. they have provided jobs for many , many people. over the years, they have made the gym very accessible to youngsters and seniors, and robin is very active in other neighborhood organizations. over the past 32 years, the neighborhood has gone from what felt like a small town to a

bustling, crowded, gentrified one. the gym has gone from a small space to a large establishment that consistently must change and bring in new equipment and different services to meet the needs of their clients. they have withstood incredible competition and rising costs, is one of the original businesses in the neighborhood, they are a bedrock of potrero hill community. in spite of this, they have maintained an atmosphere of a small town neighborhood business , and a mom and pop operation. the contributions to the neighborhood and the city deserved recognition, and they definitely deserve to be included in the legacy business registry. thank you. >> thank you. is there any other member of the

public who wishes to make public comment? now is your chance. [laughter] >> good afternoon, commissioners my name is barbara. i am a second-generation san franciscan. my grandchildren are fourth-generation san franciscans, and haven't been in the city for all these years, my mom still loves to go have a banana split on 24th street at -- what is the name of that place? st. francis, and she loves seeing the roxy and the victoria theatre, so i just want to say that the legacy status is really important. i am so glad you were doing it. i was here for the bay view boat club a while ago, and i just want to say, shout out to world his jim and the uptown bar,

which is what i am here to speak about. the uptown bar is really a community bar, and i think other people have spoken to that. i love that bartenders from the lexington bar come and have a wild lesbian night once a month at the uptown. my daughters come have had drinks at the uptown with me. she has grown up, don't worry. a lot of people have had weddings and baby showers at the uptown. couples have met there, we have had wakes, we have had funerals, we have had community events. it is a great community space, and really deserves legacy status. i know it is difficult for businesses to stay in neighborhood like the mission, like potrero hill because of rising rent, and i hope legacy status can help with that.

and just enclosing, i won't take more of your time because i know you have a lot on your plate, but i think it's really important to go forward with legacy status for both of these businesses. thank you. >> thank you. is there anyone else? >> hello, my name is jason nichols. i do not intend to speak today, but i do feel bound as a long-term patron of the uptown, literally more than half of my life, 25 years. there are many, many, many bars in san francisco. there are very, very few uptown bars elsewhere. you can get a drink else -- anywhere. this is a meeting place for artists, filmmakers, muralists, local community organizers, anyone who does anything significantly and culturally in the mission goes to have cocktails and hang out and exchange ideas at uptown.

i'd encourage legacy business approval. that is all. thank you very much. >> thank you. >> hello. my name is timothy butler i did not submit a speaker cart, but i am also one of the co-owners of uptown, i will keep it brief and speak more on my time as a customer there. i have not been around as long as everyone else, but it came to uptown first of 2005 is a place to get away and be alone and have some time with my feelings. it was shortly after that i realized that being alone at uptown is a little bit hard to accomplish, as everyone there is polite and wonderful. it was a staff that first brought me in, and let me feel like i was part of it, and then there after i was continually meeting other customers who

would come for either the same reasons, a quiet place to get away, or to actually meet people i know my life would be very different had it turned out the way i intended. i'm going there to be alone, but i just want to say that i am very happy and pleased to have been brought into the family that uptown is, and that is the reason that it is the place that continues to thrive, it is much of our living room, as it is a bar, and it is where our family goes to meet. thank you very much. >> thank you. >> hello, my name is katrina. i definitely did not plan to speak because it terrifies me, but i feel like i need to. i'm an employee at uptown, i have only been there about three years now, which is a blink of an eye in the history of uptown, but i still feel like i'm part of the family there, and i think that's why a lot of customers come in because they feel that

there is a report, people develop a rapport there, there is a family feel, and i think that's really important to hold onto in the community, of the mission, in san francisco, which is rapidly changing so much. i also want to thank barbara for mentioning uptown almost, it is an advantage that we do every second wednesday of the month. it is a? event, and it's -- a lot of people were displaced after the lexington closed, and we have created a space for a lot of those people, whether they were employees at the lexington, or just went in to have a good time there, and a lot of these people come in on more than just that events now, and i have heard from multiple people that they feel safe at our bar, and sometimes they haven't wanted to stay home alone, but they don't know where else to go, and they feel safe, so that makes me feel

good that i help provide a safe place for people. i think that's all i have to say no. >> thank you. >> thank you. last call. [laughter] >> closing public comment. [laughter] >> bringing it back to the commission. commissioners? we have a good place to work out and get a margarita now. [laughter]. >> right, exactly. i want to thank the public for the amounts of remarks that you have all made. it is terrific to hear the stories, and uptown, thank you, it is wonderful to hear about the stability and the anchor that you provide in the neighborhood and hear about your family connection, it is terrific for the neighborhood and for thinking about living in san francisco and what you are

doing for the families, so to speak. world his jim, it's amazing. i thank you are the first jim -- i thank you are the first gymnasium. it is a forerunner of keeping san francisco fit and anyone who enters into this town. thank you for your dedication and perseverance. [laughter]. >> great, anyway, thank you, it is terrific. i thoroughly support the nominations today. >> thank you. >> i'm in support of both of these, i especially want to thank everyone who came out to speak today and spent all this time sitting through our hearing i know it has been a long one. it is really appreciated. your stories are really important for us to here, so it is really great to read these packets and having the personal stories adds another dimension to it. i'm ready to go and get a drink at uptown and work out at world his jim. >> commission a black? >> i concur. two great organizations.

it is my favorite part of being a commissioner. first of all, staff does a great job of putting information together and working with applicants. we read these reports very closely. sometimes they are longer. they are fascinating stories. it is wonderful that people come out to support the institutions. i assume that lots of people are working out at the moment were they would be here. [laughter] one of the things i like to do is -- i believe manhattan is in my future. >> a margarita. >> i heard manhattan as well. >> commissioner perlman? >> i echo everything. thank you all for what you do and how you create the spirit of the city that we love. thank you. >> thank you. >> i would make a motion to recommend these for legacy status. >> second. >> thank you. there is a motion that has been

seconded to adopt recommendations for approval for both legacy business applications. [roll call] >> so moved, that motion passes unanimously. >> congratulations. [applause] [laughter] >> and we can adjourn today's meeting. [laughter]

good morning. thank you all for being here and i'm happy to be join bid supervisor from district ten and our new director of the department of public health. also here are the people from my office working tirelessly to help protect another generation of san francisco youth from becoming addicted to ecigarettes. that has been lead my chief deputy and chief of strategic advocacy, sarah eeisneburg. in december, the u.s. surgeon general, jerome adams, issued a

warning of the epidemic of ecigarette use and called this a cause of great concern. know the risks, take action, protect our kids. he was absolutely correct and we're heeding that warning. today we are taking action to protect our young people. the steps we are taking are necessary and all the more urgent because another arm of the federal government has failed to do its job. the food and drug administration is the entity responsible for revealing new tobacco products to determine whether they are appropriate for the protection of public health. by law, before a new tobacco product goes to market, the fda is supposed to conduct a review to evaluate risks and benefits of the product on the population as a whole. that's common sense. if the fda determines this poses a threat to public health, it

should never hit the shelves. inexplicably, in the case of ecigarettes,s that has not happened. despite the fact in 2016, the fda deemed this a product subject to the jurisdiction. these products were on the street even though the premarket reviews have never been done. in fact, fda has given the ecigarette industry a pass. for no clear reason, they have given the nicotine companies until 2022 to apply for a premarket review. the result is that millions of children are already addicted to ecigarettes and millions more will follow if we don't act. until recently, we had made great strides in reducing youth tobacco use. the percentage of youth was an all-time low in 2017. there had been a generation of success, kid wer kids were gettf

of nicotine. but last year, according to the centre for disease control and prevention, tobacco use among youth rose for the first time since the 1990s. this dramatic reversal is directly attributable to the nation-wide surge in ecigarette use by talents. adolescentses. the use in 2016 increased 14% and 4.9 million america students reported they were using tobacco products up from 3.6 million students in 2016. use of ecigarettes increased by 27% for high school students and 48% for middle school students. nearly five million american students were using tobacco products. that's a generation of kids, addicted kids facing lung cancer and heart disease and thousands

will likely die of preventible diseases if we don't act and that's not high perso hyperbole. tobacco kills more than 480,000 people a year. that's more than aids, alcohol, car accidents, illegal drugs, murders and suicides combined. that is why we're acting now to reverse the tide of ecigarettes. let's be clear, they're product is addiction. they're in the business of getting people addicted or keeping them addicted. a relatively small number of adults may switch switc from ant useful to turn another generation of kids into addicts and it's up to a government like san francisco to protect our children and today we are

announcing we're taking four concrete step. first, san francisco along with the city of chicago and the city of new york sent a letter to the fda that demands that the fda do it's job. we are jointly telling fda to immediately conduct the required public health review of ecigarettes that by law was supposed to happen before these products were on the market. a companion letter includes a rey for the fda to turn over records to my servic office so n francisco can determine if we need to take legal action if they don't take the public required health review. second, we can't wait on the fda to act. so in coordination and partnership with supervisor walton and i want to thank him for his leadership and vision on this issue, we are introducing today ground-breaking legislation at the board of supervisors to prohibit the sale in san francisco of any

ecigarettes that has not undergone pre-fda market review. my ecigarette that has not received fda premarket review cannot be sold at a store in san francisco or bought online and shipped to a san francisco address. this is not an outright ban on ecigarettes. it's a prohibition against any ecigarettes. so far none have been through the review process required by law. this is a prudent step to know the health and safety implications of products sold here. if the fda has an not approved it and reviewed it, it shouldn't be sold in san francisco. third, on a more local level, we're introducing a separate piece of legislation today, again in card natio in coordinah

supervisor walton. this would protect the sale and manufacture of all products including in sanfrancisco, including port property. fourth, my office as part of our review of juuls, operations sent notice to juul seeking an explanation for why juul holds a license when it maintains it does not engage in sale or cigarette products on the premises. san francisco has never been afraid to leave and we're not afraid to do so when the health and lives of our children are on the line. with that, i would like to turn it over to supervisor walton, who has been a fearless partner and visionary leader both on the school board and now on protecting our city's youth.

>> first, i want to thank the city attorney for his fierce leadership on this. i am really sick and tired of the predatory practices for our young people where people are tryintrying to set them up for d habits for a lifetime. this has to stop and ecigarettes are contributing that. when we passed prop 10 in 19198, which wa1998go out and educate t preventing tobacco use, preventing nicotine addiction and we showed record numbers that we were able to do that and accomplish that. and now we have more predatory practices going after our young people and this, again, has to stop. so i want to thank the city attorney for his leadership on this. as you know we're going to be announcing legislation at this afternoon's meeting. you've heard a lot of the data in terms of the change and shifts from winning people off tobacco to having more and more

young people using tobacco and nicotine products. i want to say this, that ecigarettes have been targeting our young people with their colours and their flavours and enticing adolescentses and this is pulling them forked nicotine addiction. we have people addicted to nicotine who would never have smoked a cigarette had it not been for the attractive products that target our young people. so we can see and understand why it's so important to make sure that if things are not approved by the fda, if products have not been given the stamp of approval by the government, then we know they're not safe and until the fda does that, we have to make sure that these products are not sold in our stores here in san francisco. the city has already enacted ordinance 140-117 prohibiting retail establishments from selling flavoured tobacco products.

ecigarettes are flavoured nicotine products. nicotine is what addicts all of our young people and addicts everybody. it is the addictive chemical in tobacco and nicotine and the effect of nicotine is what we have to combat as well. until the fda rules on approval of ecigarettes, we need to prohibit all sales for anyone under the age of 21 and anyone here in the city and we need to make sure that we have a ban on selling products, vaping products on any city property here in san francisco. what juul is doing is irresponsible and claimed to not be a part of the tobacco industry. i meant with them and they swore up and down they were not connected to the tobacco industry and a week and a half later, they merged with a tobacco company. therefore, not only are they not truthful but irresponsibly

focused and working to addict young people on nicotine products so they will be long-time users of nicotine products to make a profit and harm their health. we won't stand for that and that's why we'll fight har in san francisco to avoid predatory products to our young people. i want to thank you all for coming out and we will combat this towards our young people. thank you. >> thank you, supervisor walton. i would like to ask our new director of the department of public health, dr. grant kofax to say a few words, as well. >> well, thank you. i just want to reiterate this is a major step forward for public health in san francisco, continuing the leadership that san francisco has historically shown in addressing major public health issues. i want to offer my gratitude to city attorney herarra and we know this has been reiterated in the remarks today, that mechanic

teethat nicotineaddiction is das damaging affecdamaging effects s brain and it's attracting a whole different generation the youth to nicotine. we know that tobacco is the greatest cause of preventible deaths in this country. ecigarettes are responsible for the increasing levels of tobacco use that we're seeing in youth. we know that we need to do better. we need to turn this epidemic around. ecigarettes are a gateway drug to tobacco use and that has been shown in numerous studies. so we're here not only addressing the numerous affects being addicted to a substance, the direct effects on nicotine but taking a major step in that

gateway from ecigarettes addiction. this is going to save hundreds, if not thousands of lives in san francisco and is a major step forward in breaking this epidemic. again, i'm grateful from the health department's perspective. this is a move in the right direction and major policy advance and the health department is very supportive of that. thank you. >> thank you, dr. kolfax and with that, we're happy to take any questions anybody has. >> is won't happens to the establishments that has the products on the shelves? do they take them down? >> we have to go through the legislative process and i have every confidence that supervisor walton will sheppard this legislation through as quickly as possible. once that legislation passes and

works with the final product, then, yeah, until such time as the fda gave its premarket review and approval, there would not be allowed in either a hard brick and mortar store the sale of distribution manufacturer of ecigarettes and you wouldn't send it online until one or the other products had received the premarket review by the fda. >> so would this be two months, six months? >> it will be introduced today and we'll be working hard with colleagues to make sure this becomes law. when it does become law, it will take affect 30 days after this is complete. with that said, we'll be working hard to move as fast as possible. i can give you a better answer and response in a couple of weeks. >> why do you all think that the federal government has given a

pass to ecigarettes so far and what is the power in strength in numbers? san francisco and chicago all pleading with the ftda to crack down on this. >> i can't answer for the fda but it's pretty darn expoliticcable they have failed to act. the tobacco control act was passed in 2009 and in 2016, the fda said that these products were subject to fda jurisdiction. yet, they said that they didn't have to first file their premarket review until 2018. and then they extended that to 2022. in the meantime, we've known that ecigarettes, we're talking about 15 years with no premarket review for a product that we know is addicting our

kids, a whole other generation of kids to a deleterious drug threatening public health and safety. it is inexplicable and inexcusable to me that the fda has failed to act. the fact that we got chicago and new york to sign this letter in no time should be a message to the federal government that municipalities and localities are not going to tolerate this and we're going to act as quickly as we can to protect our young people. i have no doubt that as a result of today as action, both that letter and legislation, you will see other jurisdictions step up to demand action from the federal government. if we can't expect that the fda will protect the health and safety of our young people, then i don't know what the function of the fda really is. so hopefully they'll get the message.

>> in terms of targeting juuls, would this grandfather them in? will they continue do what they do there. >> good question. under the terms of their -- they have a sublease down at the port and they have said that they are not manufacturing, distributing, doing anything through that facility. at this point, we don't have any evidence that they are in violation of the terms of their lease agreement. but that's why i sent the insmith demantheinspection demae it's areas they havit's curioust doing any sale on property. if i find they're in violation, i would take action of breaking the terms of their lease. but the legislation that supervisor walton is championing with respect to what is

occurring on port property will enshire we will never have a similar circumstance that we have a company like this operatinoperating on similar pr. >> this should be a message to juul or any other corporation that thinks they can come into san francisco and operate in accordance that is against our values here as a city and so, this legislation is going to be focused, of course, and making sure this never happens again on any city property but it's also a warning to juul. it's also a statement to juul that we don't want them here. we don't want them in our city and so we're going to be fighting to make sure that we figure out and learn if there's anything that they're doing that is not in accordance with san francisco laws and regulations. >> would you eventually want to see juul leave the city? >> i would like for them to have been gone yesterday. we have been clear about that and our neighbors have been clear about that and we definitely would like for them to conduct business somewhere

else. >> so excuse me, when the city signed a contract with juul, did they not know what the company did or why did they enter into a contract with the company? >> the city didn't enter into a contract. there's a massive lease developer at pier 70 that had a lease with another tenant and as part of that, there was a sublease between juul and that tenant and under the terms of the agreement that we had with master developer, there were certain rights that were given up by the city unless there was certain milestones and square footage. so we didn't know about it and weren't aware about it but it has been a lesson learned about how it is that the city engages with massive developers. i can assure you and i'm supervisor walton will, as well, this is a circumstance that will not happen again.

>> any other questions? >> thank you very much. >> to my left as a deputy city attorney who would provide the board with any legal advice. i am julie rosenberg, the executive director. we will also be joined by representatives from the city departments that have cases before the board this evening. we expect scott sanchez, acting