president garcia: yes. commissioner goh: that president garcia asked you. with respect to the notification, the courtesy letters, did you -- i think you stated that mr. ascarrunz wasn't necessarily on the list provided by the police department. i'm wondering if you actually, your department went back to look to see if a mailing went out to him and that maybe he did receive it or did not receive it? i just want to know what records you have. >> we didn't go back to confirm our list, he was not on that list. commissioner goh: ok. thank you. president garcia: let me go beyond this. i'm sorry. hypothetically, we decide that the department certainly did everything it was supposed to do, it's an unfortunate situation, this individual is not going to get that spot, will there be a new charge for him to try to get his cart at a different spot, a new spot? >> the department may be able to accommodate. i cannot speak. we'll have to evaluate in the specific case. and to follow up. i mean, obviously there are all -- based upon -- most likelyly this situation, the depar

vice president garcia: no. when president goh says she is level-headed, that is not a physical description. i hope that he passes his nomination with flying colors, which i suspect she will. >> is there any public comment on the nomination for the office of vice president? seeing none, please call the roll on that. >> we have a motion from president goh to elevate commissioner hwang to the vice presidency of the board. on that motion -- commissioner fung: aye. vice president garcia: aye. commissioner hwang: aye. >> commissioner hwang is elevated to vice president of the board. >> moving on to the office of president, are there any nominations for the office? commissioner fung: i would like to nominate commissioner garcia to a role that he has had before. i hope that he will accept it. vice president garcia: i do accept and thank you commissioner fong. >> are there any other nominations for this office? seeing none, is their public comment. seeing no public comment, please call the roll. >> we have a motion from

president garcia: i don't remember. commissioner fung: the reason i'm asking these questions is your department looking at trends throughout our city as to what may be happening and where your maintenance is going? >> we do. we track maintenance of all the trees for which we have maintenance responsibility now and we try to make notes about different species. we also participate -- there is a program -- the creafl tree failure report program, and they analyze data throughout cities in california about failures, whether they are entire tree failures or limb failures and we participate by reporting to them and also take advantage of their reporting and search through their database so we look at trends for the trees we maintain, and we do work with friend of the urban forests who does a good job of trying to look at trends for trees that they have planted with property owners. president garcia: michelle, i was tracted when you were talking about the canopy. and in this email you reference, misoakes asks about the fact the

commissioner garcia: mi ssission and washington? >> i have spoken to the appellants and they agree with that. >> should we ask for the appellants to address the board as well? we'll do that, starting with the appellant. this is in specific reference to the proposal, 97 minutes of testimony. -- not the 7 minutes of testimony. >> and karen smith, i understand the question is if i would like the permit application to remove or withdraw the location at high street -- at california street. they are withdrawing those locations. >> are you in support of the proposal that the permit be upheld with those two locations being stricken? gosh yes. >> and the other addresses will go forward. nearly 2600 mission -- there is no appeal there. the only appeals are for these two addresses. >> is one permit, the entire permanent was appealed. >> of the way the ordinance was written, one permit can be -- one applicant can file for a permanent has multiple address locations. in this case, there are two addresses under this one permit that is being withdr

president garcia: ms. bryson, you seem anxious to go to the microphone, but i'm going to give you a short leash. >> i did bring the discretionary review data that i have said -- i was sent from the planning commission. they do require two copies of a typewritten list, including all parties must be submitted with your application. the names and addresses for the mailing list can be obtained from the assessor's office and it is to include names and addresses all properties, including those across the street grid if you needed to see that, i was going to be required to get these names and addresses. i physically was not able to do it writ if you need to see this, i have it. president garcia: it is not really relevant to a jurisdiction request, but i am asking you a question, if you do not mind. where is your objection to this project? >> my objection to the project has to do with the possible negative impact on the health of the people who lived in my building. we are practically in -- president garcia: you d

president garcia: ah. so therefore it's a totally different -- so he might or might not be in trouble with that because this legislation does not apply to that location. >> correct. that is on private property and therefore outside the jurisdiction of the department. president garcia: ok. good. i was just hoping it wasn't more complex than it seems to be already. >> commissioners, the matter is submitted. president garcia: i guess i'll go for the general thing first. this legislation seems very troubling. and i think it was done with all the best intentions, you know, we heard it stated over and over it had to do with revitalization of the street escape and all that. it's a very vital area to begin with and we're not going to go to that, when you get around those parts of 9 i am not opposo having food there. one simply hopes that we can go through the proper procedure to maintain a permanenit. and we have different families dependent on this herman -- permit, and the hope of the individual will do what is

commissioner garcia: mr. kwan, do you have dp order 71944, article 5.8 of the public code in front of you, sir? >> yes, sir. commissioner garcia: there's an i -- it would be page four, i- 2. the language is on page 5. and you think there is a distinction to be drawn between like food and similar service? >> there has been a historical argument throughout the various cities that we discussed as it relates to food. commissioner garcia: i want to know whether or not the concept of like food -- also it talks about the fact that it is a similar type of food product. i am asking you if you think that is in counter distinction of like food. is that one concept? >> it is 1 in the same as the with the department interprets its. commissioner garcia: the sentence is written that the interpretation that one ought to give is that someone is selling food to go, it is a similar type of operation. it seems as though they try to encompass both concepts theory it seems to me as though the idea that these are operations where t

commissioner garcia: thank you.

. $900 in withdrawals and records showing that garcia downloaded garcia's picture, the same photo found with the hit man who was also convicted along side the middle man. garcia's previous attorney argued he was framed but failed in convincing the jury. he has a new attorney arguing for a new trial saying the previous attorney did a poor job. we'll find out a lot today at the courthouse on wa could happen with this garcia case. stephanie chuang, nbc bay area news. >> thank you very much. 4:33 now. police are investigating berkeley's first homicide of the year. it happened last night on shattuck avenue. a man was taken to the hospital where he died. police do not think it was random and they are talking to people asking for possible leads. no suspect description is available yet. >> police this morning asking for help finding the man they think is responsible for a rash of robberies in a south bay neighborhood. morgan hill police looking for 21-year-old jose torres. they think he is responsible for at least seven home burglaries between mid december and early january in the area of san r

vice president garcia: does dbi have any hardship requirements? >> in this case, it did not happen, but they are here tonight, and we put the nine times penalty on the permit application, but hardships, we always refer people to the director for that. they have that discretion. we do not have been at a lower level, where we are. we are not allowed to drop penalties. commissioner peterson: what is the dollar amount? director goldstein: on this, it says -- >> and then planning. commissioner peterson: so it is just the 6116 penalty. >> $3,500 plus. that is the nine times. nine times on 40. on top of the building per is ad that is where we write our nine times and 40,000, and that was done by the building inspector when they come in for the permit. commissioner peterson: ok. >> that is what i said to mr. sanchez, their fees are almost as much as our penalties. vice president garcia: maybe you and answered this already, but permits have been drawn to abate all of these issues? >> yes. vice president garcia: and you said you do not know it two other fam

vice president garcia: i would agree.ill not make a big speech about it because i hope someday she will come back. so that we can properly honor her. anyone who is watching the meetings is properly familiar with the skills she had up here. she could analyze issues that were relatively complex and could concisely state what her points of view were about that. all that is self-evident to what i would want to talk about. i was always impressed that she would come here after a long day at the zoo. she has two children, running a household, taking care of that. she would have to deal with going back and forth across the bridge and a couple of days every week. she would always show up here totally cheerful and upbeat. it was pretty remarkable. anyone who has not gotten to know her, if you have an opportunity to, you would consider it to be a pleasure. i will definitely miss commissioner peterson. >> i will wait to say it to her personally. >> are there any public comments on the commissioner comments? seeing none, we move to it

garcia and commissioner fung. commissioner peterson has resigned for the board and commissioner hwang is absent for the evening. when a vacancy exists on the board, the board may overrule the action of the department by a vote of three members. four votes are not required to overrule a departmental action in. that is why we are able to meet with only three members present. if the absence commissioners vote could make a difference, the board will allow the absent commissioner to participate in the vote. we are also joined by deputy city attorney francesca who will provide the board with any needed legal advice. at the controls is the victor. and i am sylvia gold steam. we are joined our representatives who have matters before the board. jarvis murray is here representing the division of taxis. john fong is here representing the department of mapping. and anthony greco is representing the department of building inspection. at this time, could you please go over the meeting guidelines. >> the board request that you t

vice president garcia: is that 65 second street? >> that is correct. vice president garcia: if we could sever that so they can proceed with that and provide the rest room for. beale and california will be subject to this process. >> there is no way to celebrate it -- there is no way to sever it in that way. the board would have to uphold the permit on >> and that would be the mechanism for which that they could do that. >> it would be the problem of of the board in their ruling to do that. there has been no opposition or challenge to second street other than the hearing stage or at present. >> really don't even have a motion on the table yet. >> i am not trying to rub salt in the wounds, i am trying to offer some sympathy to what seemed like a very nice people. they were very thoughtful and i am hoping they you can get additional spots. it looks like the vote here is to overturn. additional fees because of relocation, i will lead the department, i know it is minor, to overturn that. someone spoke in public comment about an issue that has resonated with

i'm laura garcia-cannon. >> i'm jon kelley. with meteorologist christina loren who will say good morning to more good weather. >> and a great looking weekend. finally made it to friday and the weather is going to hold up saturday and sunday. temperatures unseasonably warm. we're mild. there is a pretty fair amount of fog especially hugging the coast sue give yourself extra time to reach your destination. the man to help you is mike inouye. good morning. >> good morning. the fog that you're reporting, i'm also reporting is a big factor. live look outside. we'll show you that it will be different. bay bridge toll plaza tough to see. we can't even see as far as the 880 overcrossing. the cars lowering their speed. then clearing down south through sunol into fremont. >> thank you, mike. >> it's 5:30. one of the south bay's sensational murder cases heading back to a courtroom. stephanie chuang is live outside the courthouse where the convicted mastermind behind a murder-for-hire plot will be in court. good morning. >> reporter: good

y saulo garcÍa trae dinamita de chistes.olvos. ♪ (aplausos) >>> aristÓteles no era tu abuelo? >>> y deberÍan comprarlo por la foto esto que tengo. y lo tienen con pelo, con trenzas, tiene de todo, de chile, de dulce. como sea su fantasÍa aqui la encuentra. >>> estÁn en la internet? >>> no, solo aquÍ en el disco. >>> es un disco que trae recopilaciÓn de Éxitos impresionante, canciones de camilo sexto. de dÓnde viene esta idea? >>> de mi equipo de trabajo y mÍo, y hay canciones que fueron cantadas en inglÉs, y la cantos en espaÑol, es un disco alegre, mucho ritmo, y se lo recomiendo mucho cuando van al gimnasio. >>> y todos bailos las de venus, la de mekhano. y cuÁl te acueas del reventon pleno? >>> de rbd para acÁ mi amor. >>> no conoce ninguna de estas canciÓn. >>> todas estas canciones te deben sonar a viejo? >>> cuando mi hermana la escuchaba. >>> y nuestro siguiente invitado es colombiano, el centro de sus magistrales show, actualmente se presenta, y nos va a explicar. con ustedes saulo garcÍa. ♪ (aplausos) ♪ >>> cÓmo le

. >> garcia was arrested last june and charged with disturbing the peace after he took some pictures of officers who were arresting two men in an underaged drinking case in wheaton. garcia says when he approached -- he was approached by one of the officers, he identified himself as a member of the press. that's when he claims the officer dragged him across the street, knocked him to the ground and pushed him into the side of the police car. when gar garcia's wife approached, an officer threatened her with an arrest and used a string of obscenities to describe her. garcia was acquitted of all of the charge last december. >>> here's a look at some of the other stories. a 65-year-old lawyer arrested for carrying a loaded handgun aboard an american airlines jet at dallas fort worth is free this morning. judith kenny's attorney says his client carries a handgun for protection. she forgot it was in her computer bag when she got on the airplane. kenny is charged with carrying a prohibited weapon into a secure area. there is still no word how she was able to get past security. >> guns, now a

garcia did not mention. i can see that i did not have time, but those are very vital recommendations, and i would like to see this panel review them and see how they would possibly apply to st. luke's in the future to develop services to further serve the community instead of restricting services. supervisor mirkarimi: thank you. next speaker, please. >> good evening, supervisors. my name is rove's. i am a senior, and i live in the tenderloin for 35 years now. i am a member of the tenderloin community. the proposed cathedral hill hospital should be built not only for the patients but to serve the and, -- low-income patients. we need a hospital, that you will accept seniors and low- income families as well. it is not clear at the moment with the low-income areas. and we want to make sure they can avail themselves of these facilities. we are demanding them for partnership and a community- based clinics, some residents have access. we want them to address this issue by signing a community benefits agreement tha

>> garcia has turned his life around. he had his gang tattoos eare moved. >> such a good example of all that can happen. >> there to hold garcia's hand along the way was priscilla, a nurse who volunteered with the clean slate tattoo removal program. >> we don't just want people to stop being in gangs. we want them to grow as members of this community. a valuable member of this community. that's what i see in him. it's so exciting. >> and she excited the staff at clean slate so much they nominated her for the california peace prize. she got the honor. a $25,000 reward. she just donated it right back to clean slate. and the mayor's gang prevention task force. >> i was really blown away. usually when you get $25,000, there's things you might personally want to do with going to a trip to paris or remodeling your home pop'll we wanted to make a difference and it's expensive to make a difference. there's a lot of cutbacks right now. and this program and a lot of other programs can't work without collaboration. >> an investment,

she said garcia picked her daughter up from school earlier in the day and assaulted her.he and her boyfriend called police. >> we notified them and said, this is what's going on. and i think the police just put two and two together and found him. >> reporter: the victim's family is happy she's safe and home, but they know there's a long road ahead of her. >> i hope that she can somehow find a way to work through it. how long that might take, who knows? but i hope one day that she can. >> garcia has a lengthy criminal record that includes drunk driving and criminal trespassing charges. >>> four florida a&m university band members charged with hazing have been expelled. they were arrested after attacking five clarinet players as part of a hazing ritual. the expulsion came two months after drum major robert champion died after a football game. police believe hazing did play a role in his death. >>> tougher standards on tailgating at yale university, following the death of a massachusetts woman, at the harbor yale football game last year. two others injured, after a yale stud

nelson garcia hace 8 aÑos el emprendiÓ un viaje a travÉs de la frontera con mÉxico tenia 17 aÑos y estabainar tantos dÍas para poder llegar junto a su madre y de esta manera ayudarla a trabajar. sin embargo fue detenido en mÉxico y aunque no fue deportado en ese entonces bajo su nombre se estableciÓ una orden de deportaciÓnnelson garcia todos los viernes el debe presentarse a las oficinas de inmigraciÓn y los agentes que manejan su caso tambiÉn visitan su hogar el sufrimiento es conjunto su esposa teme volver a su natal honduras ya que la violencia no le ofrecerÁ un futuro a sus hijos, quienes nacieron en suelo americano kelin garcia la familia de nelson trato de apelar a la nueva ordenanza del gobierno, que ofrece una prorroga si es que se tiene familiares que son ciudadanos sin embargo no tuvieron exito y ahora debe hacer maletas ya que la oficina de inmigracion le pidio que en la proxima visita lleve su boleto de partida. es importante que si tiene un caso como este consulte con un abogado y si no tiene dinero acuda a una organizaciÓn comunitaria. el miedo a ser deportado esta impidien

carlos garcia is here, superintendent. henry alvarez from the housing authority will be speaking. trent from the human services agency. you talk about foreclosures and other things. teresa and brian are here from the mayor's office of housing and community development. i want to pause there and answer any questions you may have an end to presentations about our response to this problem about supervisor avalos: -- about this problem. supervisor avalos: let's just go right into the response and get this underway. thank you. this hearing was called pretty quickly, mostly because we are going to be in the hour sessions tomorrow -- ending our sessions tomorrow, and want to make sure we have a response and can have the city come together to decide how to respond. i really appreciate you all being here with such short notice. >> you're very welcome. i am going to bring a superintendent garcia, because he will have to leave early. >> thank you, and good morning. first of all, i just wanted to come in and lend my support to having a meeting like this. i agree, this is a crisis. you know, w