vice president garcia: before this board. and did anyone make the comment in 2008 that were you to run afoul of this law again that this board would be decided by harsher? -- decidedly harsher? >> no, but i did know that if we got a second ticket it would be more. but what should we do to not sell to minors? we checked the id. we train the employees to check the id. i do not know. vice president garcia: i am very sympathetic to you, but it is an agency issue. where you the one who sold the cigarettes, or is someone who worked for you? is it the same person who sold them in 2008? >> it is a different person. vice president garcia: thank you. >> we will hear from the department now, dr. ocho. >> good evening, commissioners. it is true that the establishment did sell cigarettes to minors -- to a minor. i am not going to go through a very extensive presentation. this theory the second time they were cited. the last incident occurred on february 19, 2008. the arguments that to the appellant presented, saying that mthe minor used a

vice president garcia: yes. commissioner peterson: aye. >> the vote is 3-1 to deny the rehearing request. it is denied and a notice of decision shall be released. >> thank you. if you are ready, you can call item 4b. >> calling a rehearing request for the subject property at 281 turk street. we have a letter from shaughn moran, requesting every -- morgan, requesting a rehearing. the board voted 2-3 to uphold the permit. the subject permit was upheld. the permit holder is bay drugs, llc. >> the permit holder has provided a court reporter to transcribe this hearing and would like the board to designate it as the official transcript. the permit holder has agreed to supply the board and the appellant with a copy of the transcript at no charge, but we need a motion to designated as such. president goh: i will move. >> any public comment or bored comment on using the court transcript as the official record of this hearing? seeing none, call the roll on that please. >> on that motion from president goh to designate the

vice president garcia: yes. commissioner peterson: aye. >> the vote is 4-0. the appeal is granted. >> the second housekeeping item is in regards to item 10, appealed 10-144, to alter a building on 19th street. the parties have reached an agreement and asked to grant the appeal and condition the permit with the terms stated in their joint letter, dated february 9, 2011. i do not know -- they are here? both parties? great. if you have any comments, you can step forward. otherwise, if the commissioners have questions for you, we can have those post down. if not, we can take public comment and then have a motion on this item. is there any public comment on this item, item 10? seeing none, is there a motion? president goh: i will move we grant the appeal and condition the permit as described in the letter. >> call the roll on that, please. >> the motion is from the president to grant the appeal and condition the subject permit with the agreed upon conditions dated 2/10/11. >> i am sorry. it is february 9. >> we will

vice president garcia: the line, b2, quoted by mr. gladstone -- do you feel as though that precludes this from being relevant? >> i would draw two points. first, the appellant raised that maintenance of the stairs -- i think we have to understand what the stairs are therefore through the agreement -- are there for to the agreement. it is for appearance only. it is not actually used by the adjacent property. they are only to maintain it. they are not to actually use the stairs. it acknowledges that it was a recommended preservation, not a required preservation. as the permit holder pointed out, this agreement allows termination if the stairs are removed. this year's open -- the stairs were removed. there are no conditions of approval to require the stairs to be here. the planning commission has reviewed and approved this. the appellant is highlighting plans from the late 1990's which were abandoned. this project proceeds that project. vice president garcia: -- president goh: would one expect to see this recorded on a pro 69 -- on 1269?

vice president garcia: this is a different one. commissioner fung: oh, it is? then my comment relates to a previous case. i think it is up to you. president goh: if

i'm tom beasley and swayed by commissioner garcia -- i obviously am swayed by the commissioner garcia's comments. this was not completely voluntarily destroyed. perhaps there was a partial destruction, but it was not completely voluntarily destroyed. i would rule in favor of the appeal. commissioner hwang: i would concur with the sentiments of commissioner fung. president goh: i agree with commissioners fung and hwang. vice president garcia: i realize my point of view will not prevail. i hope i did not suggest i thought the city had made an error. i think the city made correct [unintelligible] commissioner fung: move to uphold the permit. >> on the basis that it complies with the code and the city did not air in issuing it? commissioner fung: yes. >> call the roll, please. >> the motion is from commissioner fung to uphold this permit on the basis that it complies with the code, and on the basis that the city did not err in issuing it. on that motion -- president goh: aye. vice president garcia: no. commissioner peterson: no. commissioner hwang: aye. >> the vote is 3-2. the permit is uph

vice president garcia: i would support that. i think the person who sold the cigarette was unaware of what all of the proper procedures were. i think she has been made aware of what the proper procedures are. commissioner peterson: i would disagree. at least in the prior case, there was an attempt and a review. there was not even an attempt to look at the i.d. i think someone who has a daughter herself should be aware of the danger, and i think 15 days is too lenient. i would think 20 days, but a lack of attempted to even apply with meat -- the rules is concerning. president goh: i agree with the sentiments expressed by commissioner peterson. i would in this case, however, support a reduction to 15 days because, and i am a convinced commissioner peterson by this, because, nothing to deal with this department, but making the mistake in the declaration -- i am sorry. it was not the department. it was the inspector. and to have the incorrect date is i think is very problematic and potentially in other circumstances fatal two other

vice presdient garcia: i am just curious. do not ask the city attorney. [laughter] president goh: i will make some comments around that same item. i wonder if every time we send e-mails and cc the deputy city attorney that is a billable hour for her. perhaps we could minimize that. with regard to the various statutes or case law citations, we could get those from staff. i know staff is overburdened already and doing so much with so little. many of these, we see over and over again and have right in front of us when we are reading the case packet. commissioner peterson: i think the time involved in that work is not necessarily the time involved in sending an e-mail to the board and assessing what it is the attorney feels the board needs to know in order to properly evaluate the cases coming before it. >> another thing to keep in mind is that e-mails that you receive from the attorney are privileged. e-mails you receive from me are not. commissioner fung: who initiates the request for the as the mills? -- for those e-mails? i have rarely asked for them. i n

superintendent garcia: katrina from june jordan high school. [applause] ok, we will hang on to that for her. constance walker from woodside learning center. [applause] congratulations. emily from leonard flynn elementary school. [applause] thanks. penelope ho. [applause] from chinese emersion. [applause] rebecca from gateway charter school. [applause] and then we have two more that we do not think are here, we're back johnson from local high school and melissa -- rebecca johnson. we will hang onto those. congratulations to you all. well done. [cheers and applause] [applause] president mendoza: if it is possible, make you all squeezed together for a photograph? superintendent, please squeeze in. thank you, thank you, thank you. ok, thank you, everyone, and congratulations. nice work on that. i know that is a very difficult process to go through. while you are all sitting in a, -- settling in, the mayor's teacher and principal of the month, go on to the website and nominate a teacher, and also, teachers for social justice is taking nominations fo

vice president garcia: mr. sanchez, is a typical one a building this historic, for the planning department or any other department to get involved in issues involving the interior? >> not unless the interior is historically significant. to my knowledge, this is not one of them. they had an adverse impact on the exterior, and in this case there would not be adverse impact. vice president garcia: except to the facade? >> yes, and they felt that it could have remained to the front, but to be extra cautious and considerate, we would ask them for the setback. thank you. commissioner fung: mr. sanchez, it did your staff visit the site? >> the staff visited the site numerous times. i do not know if one was conducted as has been stated. this is an ongoing issue. i believe that staff, when the first complaint was made about the dropped ceiling, i believe that was the time. commissioner fung: in a report from them as to what established a height of that ceiling? was it some type of hvac duct from the structure above? >>

vice president garcia: i thought you were still speaking. commissioner peterson: i am just looking for something. vice president garcia: i would overturn the department and grant the appeal, with findings [unintelligible] >> commissioners, shall we call the roll on that? commissioner fung: i -- sorry i did not speak up earlier. i should have spoken up. but i think my reason for where i am going to vote should be brought forth. i am not going to go into a lot of the allegations. however, what is clear to me is that there was notice. the question of whether that notice provided the ability to understand exactly the nature of the planning code and the nature of what one may have or one may lose is questionable to the appellant's mother. that, however, i do not think, in this particular case, excuses' in my mind -- excuses in my mind what the code clearly states. vice president garcia: i wish i had added that when the findings are read, if this passes, that cbs and the city -- it could be indicated that they are [unintelligible] if the [unintell

vice president garcia: this is a different one. commissioner fung: oh, it is? then my comment relates to a previous case. i think it is up to you. president goh: if dph is willing to go to 20 days, then i will not argue with the. commissioner fung: i should have said this on the previous case, but just to inform thepublic ane only way this is overturned is if you get four boats. if you do not get four boats -- votes, so i am when to move that we grant the appeal and reduce the penalty to 20 days. commissioner garcia: all the signs indicate you would ask someone for an idea regardless what age they are. regardless of who is working the register, they asked for id from the this week. i was flattered. i think they knew who i was. no matter how old someone looks, ask for aideed for safety. >> shall we call the roll back? >> the motion is to grant the appeal and modify the suspension to 20 days. on that motion -- president goh: aey. ye. >> the vote is 4-0. the appeal is granted and the suspension is modified to 20 days. >> showing move on to the last item? president

vice president garcia: i am asking specifically about this property. they could one day have another sign? >> there has not been a thorough analysis. preliminary analysis suggests a general advertising sign could be relocated to this property. president goh: i think from your reading of 602.19, this question is moot, what i am going to ask anyway. in exhibit a, there is a photograph of the sign, if you can pull it up. this is a little bit hard to see from this black and white photo, but it does appear it is not just something painted, or a thin and final attached to the wall. on the front, you can see it does appear to protrude beyond the face of the building. >> the final typically used in these installations -- the vinyl typically used in these installations does not have a perceivable depth to it, typically. president goh: ok. and when to ask this question of mr. -- i am going to ask this question of mr. kornfield. if you look at that photo, does that appear to be something -- a thin piece of vinyl stuck to the wall? >> i am afraid i cannot tell. pr

summit garcia? commissioner garcia: for example, i want to thank everyone fortune coming out this evening. this is probably the hardest decision that school board administrators make. unfortunately the way the laws are made they put people in situations to do this. so everybody falls somewhat to some extent a victim of circumstance in these situations. when the nonreelects come up, the law is specifically written where an administrator can make that recommendation. whether it's fair or not, we rely on the principals at our schools. i mean, that's who evaluates how to review schools. we will take all of the people, you know, that have mentioned things here. we're writing down your names. it's public record, so we know who you are. we'll at least take some time to review those things. if this passes tonight, if, indeed, there's a particular incident that we've overlooked, we will review that. we can always in the future rescrinled any of those if there are particular issues. but i will tell you, being

barbara garcia. [applause] >> our next awardee in the field of category of health and medicine is, of course, one who needs no introduction, but we will list the just the same. dr. sandra hernandez, the chief executive officer of the san francisco foundation. she served as the director of public health for the city and county of san francisco. she is an assistant clinical professor at university of california san francisco school of medicine and she maintains an active clinical practice at san francisco general hospital in the aids clinic. we could not be more and more happy to recognize these two incredible honorees tonight. thank you. [applause] >> i just have to say these are two i my heroes. i have to take the opportunity. our next award is an award that will be presented by jonathan, the executive director of the mexican museum. [applause] >> welcome, jonathan. >> our next honoree may be the most known latino face in the u.s., and his name is benjamin bratt. [applause] >> if that ain't hyperboli

vice president garcia: aye. commissioner peterson: aye. commissioner hwang: aye. >> the vote is 5-0 and the atoms are rescheduled to next week. >> thank you. same time. moving back to our regular calendar, item one, public comment. is there any member of the public who would like to speak on an item that is not on tonight's calendar? seeing none, we will move to item two, commissioner comments and questions. commissioner peterson: i will not be here the evening of march 9. >> any other commissioners? vice president garcia: didn't i ask last week? commissioner peterson: is it the same week? i do remember. it did not make it on to that list. why don't i see what time i have to be -- it is for my daughter's school. maybe we can do one or two hours. >> any other commissioner comments? any public comment on this item? seeing none, we will move to item three, the adoption of the minutes from january 26, 2011. president goh: if there are no comments, i move the adoption of minutes. >> is there any public comment on the minutes? seeing none, if yo

josé garcia/portavoz, policía de sj 3:43:00 en realidad si lo vemos en una forma muy sencilla es algooficial no podemos actuar de una manera con prejuicios en ningún momento. para someter una queja, la informacin del auditor independiente est en la pgina de internet www.sanjoseca.gov/ipa. jaime peluffo, noticiero telemundo 48. cu y tremendo bochorno el que le hizo pasar las autoridades antinarcotico s a un profesor de leyes de la universidad de california. take vo --clark freshman dijo que estaba apunto de comenzar su meditacion cuando oficiales de esa division anti drogas y policias de san francisco, tocan a su puerta y le dicen que tienen una orden de cateo y que tienen que investigar una operacion de cultivo de marihuana, clark asegura que los oficiales se reusan a mostrarle sus identificaciones y hasta llego a pensar que se trataba de un robo. --el profesor sin deberla ni temerla, resulto esposado y despues de que los uniformados catearon su casa, terminaron diciendole que habia sido un error., pero el maestro ahora dice que no sera asi de facil. cu --se acuerda usted de erica lun

. >>> vamos a donde está raúl garcía, y veremos qué pasa en los "premios lo nuestro", bienvenido. >>>on pasiadas las 6 del tae éxito d tarde, y está terminando de ensayar mana, y luego viene lucero, vamos a ver si la agarram agarramos, a preguntarle, de los rumores de separación. >>> vamos de inmediato, para ver qué sucedió, hoy con los pocos artistas que pasaron frente a la cámara, ricky martin es la excepción, aquí tienen. >>> muchagracias. >>> felicidades. >>> si no puedes viajar a la india, cómo le decimos a la gente cómo encontrar la paz? >>> es querer, puede ser en tu casa, frente al mar, con tu gente. >>> cómo v los ensayos? >>> muy bien. >>> don larry hernández, está más caliente que una torta en horno. >>> por la música, y los fans, quiero agradecerles, es la clave, es el hecho de ser original. >> qué tanto uno depende de una disquera? >>> mucho, recibí dos platinos y dos de oro, me da gusto apoyar la música original. >>> estás más delgado, qué haces? >>> no como fuerte a la tarde. >>> viene el área del entretemiento e información, estás preparado para eso, para los trapos su

[applause] president mendoza: superintendent garcia? superintendent garcia: it is difficult to respond to everyone. whatever the rumors are at bret harte, there were not very specific. the free to e-mail me. carlosgarcia@sfusd.edu. to be honest, i have not heard the rumors and have not created the rumors. that would be very helpful for us. sometimes we are always the last to find out. it would really be helpful for you to get that to us. i will work with deputy garanza and we would get something organized to have an opportunity to have more conversations. that would be very helpful. thank you. [applause] also, on questions from the fairmont, we are hosting community meetings. what was presented to the board -- we have a proposal out there, but we are taking in community input so we can look at that proposal before it comes back to the board. if you go on our website, it will tell you where those meetings are being held. i wish i had that here. maybe janie bond, right behind you, will have the states. it would be helpful if you give inpu

commissioner garcia>> i have a t necessarily a position yet. the medallions, the numbers are being expanded. there are issues related to the sale of the medallions. part of me says that something somebody has waited 17 years for, if it is significant to their financial situation, you would think that they would want to keep better records for themselves. i understand it is not always easy to do that. but when you are tied to something that is your own well- being, it is less acceptable. the issue here is not necessarily the fault of any agency or the department, it is the individual's who somehow never keep track in an orderly way of their driving records. part of me thinks that it is their own fault, why is it that this board bails them out? part of me recognizes that it is not an easy profession. and is there some level of -- that we would allow for that and provide them with some level of equity. i am not quite sure what i want to do with this yet, but it is becoming quite clear that we are hearing a significant number of these cases and it

commissioner garcia: [no audio] commissioner peterson: aye. commissioner hwang: no. >> the vote is 3-2. the city charter requires 4 votes. absent another motion, the denial will be upheld. president goh: seeing no other motion, can we call the next item? or would someone make a motion? >> the motion to grant -- there is no reason to make it? then call the next item. >> moving on to item number seven. >> appeal 10-132. with planning department approval. it is the protests of the issuance on november 24, 2010, to the community housing, permit to alter a building. president goh: we can start with the appellant. >> president goh, commissioners, i represent cbs outdoors. i don't know if it is the first time to come before the board, but it is unusual. let me explain the facts and circumstances. hon september 28, there was an issue requestiongng that complete information be acquired. the sign is permitted. the only issue is that the planning department wanted to correct placard information posted. the operations department inadvertently proceeded to

carlos, superintendent garcia. my name is jovanna johnson miller and i'm here to talk to you about furlough days. we were closed out. we were locked out -- what day was that? february 4. and i understand there's another furlough day woman cog -- coming up and i don't know why it's being imposed upon us. as you know, we are the lowest paid workers here in this part of the city. we don't make as much as our sisters and brothers across the street, but yet things are being taken away from us. we can't get a contract yet. don't know why that is and yet we're still being imposed with furlough days. we have to bargain those days and i think we deserve the right to bargain those days. let us do that. let us bar incident and give us a contract, a decent contract. and another thing, we want to say in civil service. if you want to take us out ask us how we feel about it. don't dictate and take us out anyway. let us know what's going on. let us tell you what we want. you don't decide for us. thank you. [applause] >> good eveni

superintendent garcia? >> first of all, i really do want to thank all of you. you are wonderful with our children really. i can't thank you enough for the dedication to all our kids. i run into many of you when i go out and visit schools, and so i do know the hard work and everything you are trying to accomplish. and i am in agreement with you. we need a contract now. first of all, i would like to clarify a few things. for the field rep who said that anybody, anybody -- i will tell you now. if somebody has a name of anybody who is making derogatory remarks, i want to know about it because that person shouldn't be working for us. that is unacceptable. and trust me, my first language was spanish. i grew up with parents who had accents their whole life. that is something that we just would not tolerate. i want to clarify that for the record. second is this. if there is anybody here -- somebody made an allegation of union-busting. that would be the farthest thing we would ever dream of. you want to talk about f