the ambiance number has not been used by maintain other than dph dph has stated the noise from the cooking fan is not high many people have come before the board and said rooster tails fan is loud including the resident living in the same building as rooster tail it's documented in the record we have had to ensure that noise problem for 3 years please help us overturn this surveillance to the timeline for rooster tail to complete remetal action as quickly as possible thank you very much and mr. charles is available for questions. >> okay. we'll hear from the permit holder. >> commissioner president lazarus we have some letters of support i wonder if we might pass them out fine. >> so the letters are they from members of the public and, yes also an inspection report and that was not submitted before because a it was on a monday that was the first time it was not a city inspector a private contractor and if you wish to report on it that's fine hang onto those for now you can include those in your testimony. >> if you want to reference that in in your testimony it's a fine. >> good evening da

and there is no public health effect, which is really dph's and the ordinances central mission. finally, we don't think that there would be any advantage to public health, or even to the appellant, as over turning the noise variance and we don't think that it makes sense to require the permit holder or i am sorry, the variance holder to mitigate the noise that no one can hear. >> so, i have a question, so on june fourth, 2013, the board, you upheld the dph's denial of the variance. >> correct. >> and then you over turned that again? >> no. commissioner. we did not over turn the board's decision to up hold the prior variance. we came to a new conclusion based on additional facts when a variance was requested for a second time. okay. >> thank you. >> thank you. >> is your sound person here? >> june wintrof, the head of the noise regulation program is here. >> okay. >> or the person who actually took the measurements previously? >> there were a number of measurements taken, mr. peakus who is here last time. he is in the training across the bay and could not attend. >> okay. the sug

you could make a motion to provide that dph as oversight authority today, yes. we could work that up for thursday. >> okay. >> if you wanted to add in penalties as i mentioned, that would require probably follow-up legislation. >> i wanted to be deferential for the author, because it's something that just came up for me. i would like to propose the amendment to provide dph would be the enforcement mechanism for this legislation and i would like to work on a penalty phase and i would defer to the author to state this in committee or to pass it to the full board. >> we would be more than willing to work with you. we're not in any rush to pass this ordinance at the board and add many in some things that are more amenable to the full board. >> to make the amendment today, the non-substantive amendment today and work on the penalty phase. so the motion is an amendment to provide the department of public health will oversee this ordinance. and can we make that amendment without objection? okay. that will be the order [ gavel ] . and can i have a motion to forward item

several months at that point and i think that it was a question of updating the record. >> it was dph's difference. >> and it was closed and what the planning close said, and they were closed by any and all definition after may of 2012. and at the time they requested the letter of termination it was two years since they had closed and since they have kind of abandoned the lease entirely, they lost the lease entirely. >> there also seems to be some contention that the department never gave them a heads up and maybe you should get move and maybe it was already too late at that point. but, in the normal course of events, when that situation occurs, would the planner lay that out as a issue? >> at the time in 2012, when he was discussing it with him and he keeps looking at other locations as well. and it is not just that he would want to reopen immediately and we would say at that time in 2012, yes, we are telling you now that you can reopen now and we will look at other locations, they never acted on that. and time passed and time passed, and they came up with the provision for something t

that they could have matched the dph. and then they would not have exceeded the 18 months. >> well at the time of the request was submitted in june of this year, that it would have been i think greater than the 18 months, but again, if we are going by what the facts are, the facts are if they closed in may, they closed in may and we appreciate that they were honest and we had asked them for me evidence and any to be pleased for him to provide anything that they can to help us make a determination, that could be fafrable for them. >> but we did not get that information >> we had gone from the date that they had actually closed the storefront service which is what they ad proval for, and they didn't have approval for the delivery only. >> if they had closed the storefront in november it was stated on the record here tonight that the operation was a bit spotty and maybe they were not entirely operating at that location every single day. but we, and we exercised the discretion to make it the last possible reasonable defensabl

dph was happy to cosponsor the department of aging and adult services. dr.w represented the committee on the task force. this is a final report which you are going to hear about today and we really benefited through the strong leadership of two cochairs and from the department of aging and adult services, the executive director there and dr. christine ritchie from uc sf. before i turn it to them to lead you through the presentation, i want to also acknowledge two individuals who played a role in the development report that you have. one is monique parish who worked with the facilitation of the meeting and also pat il who supported this work of this task force as well. [ applause ] >> at this point i will turn it over to ann. >> i'm bringing this down just a little bit. good afternoon, president chow, commissioners, director garcia. it's a pleasure to be with you today to talk about and walk you through this report. we are going to start by looking at what the goals that were set for the group, talk a little bit about process. i know commissioner sanchez in t

discussion and i thank today all the people involved, i want to thank trent from hsa, everyone from dph and everyone participating in these efforts and look forward to continuing this discussion. the rest i submit. >> thank you supervisor farrell. supervisor kim. >> right before thanksgiving this year i a pilot program to restroom fa stillties throughout our district. it is one of the top concerns i continue to hear from our residents, visitors, small business owners and on our city streets. we work at the department of public works over the last two years and needs to come up with a pilot program that will offer a triple combination of portable toilets, singzs, needle collection and dog waste bags and receptacles. for the last sixth months we have implemented this project alike is that there's a real need for clean and safe public restrooms to provide people with a dignified place to go to the bathroom. at the same time as this usage has gone down in our neighborhood. this is significant because most of the steam cleaning requests pertain to reports of human feces. hire to the 1001 pit

year, the mayor's office asked for a 1 percent contingency reduction which is about $2 million for dph. we will need to plan for that in the second year. in addition to the kind of general cautions about not getting overall exuberant. we have a couple of things which you all know about that are on the horizon for us which could impact the financial picture. we have the upcoming dish cut that are part of the affordable care act that are not assumed in the mayor's financial forecast. we have the continuing changes as part of the aca to take back of realignment and dual eligibles to managed care and the waiver can all have significant impacts on our revenue picture and we are watching those closely. in addition a big thing for us in this coming to your budget cycle is to focus on our information technology needs and that is getting our basic infrastructure up to date, planning for electronic medical records and other things such as idc 10 and others we'll have continuing focus on some of the issues that we've been looking at for the last several budgets which is getting our population hea

on big project a we're going to bundle up the intersection treatments into a few large contracts so dph can have a few that are constantly goes around the city rather than four or five most for the boyd process number 7 was the lack of funding for that the cooperation and the preimplementation this is a place where the ta staff has really open to responding to our need for flexibility in the saw way to execute lots of projects all at once we're bundling the projects within the prop a funding we're taken on the challenge of a little bit of project training for all the staff in delivering the projects there was a good objection some staff enacts with the public they can do better and sfmta i'm sure you're aware of has launched an agency wide really upping our game in public talking with the public in a respectful way and finally the also the spectrum of sequa which can be while it's important law it can be a tool for individual occupants of important projects even for the board consensus so slow down the projects one of the things at metro the sequa form process that shifts you us away fr

i'm currently working with dph and due to retire next month. i would like to speak in favor of stainable socially responsible benefit. as you know the market has been hitting record high lately and it's a good deal to plan dropable equities, however i'm against using hedge funds to do this. i'm sure you are well aware of other mechanisms that can be used to guard against a possible drop in the market. i prefer that you make a move into something where there is lower fees, less risk and more transparency, and i'm late to get back to my job already. i will leave it at that. thank you very much. >> thank you. [ applause ] >> i work for the san francisco unified school district. then i came back and i was told if you were hired after 2010 that this fund would affect my retirement. i'm totally against it. i have a 10-year-old son. my plan is to get him into college. if you use my retirement, that's gambling with my son's education. it's like going to vegas and playing craps, the slots machine. either you win or lose. thank you. >> i will close publi

i would like to propose the amendment to provide dph would be the enforcement mechanism for this legislation and i would like to work on a penalty phase and i would defer to the author to state this in committee or to pass it to the full board. >> we would be more than willing to work with you. we're not in any rush to pass this ordinance at the board and add many in some things that are more amenable to the full board. >> to make the amendment today, the non-substantive amendment today and work on the penalty phase. so the motion is an amendment to provide the department of public health will oversee this ordinance. and can we make that amendment without objection? okay. that will be the order [ gavel ] . and can i have a motion to forward item 5 to the full board with positive recommendations? >> so moved. >> without objection, that motion is adopted. [ gavel ] . >> thank you. >> madame clerk, is there any additional business before the committee? >> there is no further business. >> than we are adjourned. [ feha [ gavel ] good morning, everyone. w0e789 san francisco land use & economic dev

two awards were given to two dph collaborative change initiatives grants of the eat fresh fruits and vegetables grant program. each program will receive $400,000 from the hell man foundation to strengthen the partnership and improve effort to improve lives in san francisco for having access to god -- good food. i wanted to acknowledge dr. alice chen, the new chief medical officer. cmo. dr. chen is responsible for providing clinical leadership, vision, direction and expertise in oversight operations in our own san francisco health network with the focus on clinical integration, access, quality and care. strategic initiatives and programs for enhancing clinical effectiveness. doctor chen has been at san francisco general hospital and also our integration officer at the hospital, so we really want to acknowledge her and welcome her in that new important role. i will end it by just acknowledging, we do have a retired admiral from the navy from resource services and health at home and she received the military award for her outstanding performance of service in the united states navy. tha

received later closure dates and these [inaudible] should be offered and that's my last point that dph offers consideration and i feel planning should too. >> thank you. you've exceeded your time. ? is there anyone here representing the property owner? seeing none, then mr. tigue. h sfwloo for the appellant's situation, but unfortunate will the code language is clear and ambiguous about the 18th month abandonment. it treats that like a non conforming use. when we have a non conforming use we have the abandonment clause it's under the stipulation that space will be converted. the abandonment clausings have specific purposes and in this case it was very clear. the appellant flexibility within their licensing, but unfortunately the way the code works that doesn't exist in this situation. i'm available for any questions you may have. i just want to make the point that the issue of manifesting injustice is not necessarily an issue relate ed to the interpretation of the code but will lead to the wisdom of the commission. thank you. >> any public comment on this item? seeing none, then commis

under box removing the box and replacing it with a concrete with reinforced peers it was reviewed by dph the building inspection the planning department our structural plan structures two engineers looked at it and i know that was an old for a while but they got it issued the permit was issued it is in response to notice of violation in 2012 but i think the gentleman filed a complaint over and over someone on his behalf and substantially we wrote it up for a violation and resolved the notice of violation we've spent a lot of staff time open this address dealing with this issue and the deck issue as well that the gentleman brought up i'll be confident our engineers spot checked that correctly and it should be done in my opinion that's what the gentleman disastrous with me if we were here but there is a properly issued permit i'm happy to answer any questions you may have. >> ami looking at the dates from 2009 until now wow. >> it should be resolved this has gone on too long for a planter box people hire consultants geotechnical engineers on both sides cost a lot more from the talking to d

so if a permit application has been submitted and in the process do we know from dph. but those businesses will not be able to sell their business or the new buyer will not get a permit and now this becomes confusing at the effective date of the law for a business to be able. >> which page, sir sorry. >> page 11 clarification it has to be in business years to transfer it's license? >> yes. sorry any business that has not been in operation at the effective date will not be able to - to not been able to transfer or the transfer he will not be able to get a license. >> right. >> so when the law this amendment kicks in yeah. >> do you know how many businesses are going to be effected. >> currently one thousand and one licenses out there. >> over one thousand licenses. >> sorry a thousand businesses that have been holding tobacco licenses for less than 5 years. >> that i don't know but what licenses and the majority of them have been in place for over 5 years. >> over 5 years. >> actually a lot of the owners have held the place for 10 or 20 years. >> thank you that will sug

according to dph staff there are 28 active ncds in the city. due to zoning rostrictions the location of ncds is limited to neighborhood-commercial district causing the concentration to feel much denser in the outer exexcelsior neighborhood and in con from the and ncds are permitted to locate nearly anywhere in the soma district. while staff and police department have received correspondence and comments expressing concern about the existing and proposed [tph*-bgtd/]s, enforcement staff recounted no formal complaints have been received from the neighbors or police department for the existing ncs. staff reviewed conditional use on mission street and permitted site visits to determine compliance. the three same conditions of approval were placed on both ncds namely safety and security plan, lighting, green area and storefront maintenance and i can ethe loan elaborate on these if commissioners have questions. both ncds were found to be in compliance with safety and security and lighting conditions. the ncd at 5234 mission street was found to be non