Transcripts For SFGTV Special Joint PlanningHealth Commission 2917 20170214

Has the flu that seems to be going around, so ill sit in for her today. Commissions, we have one item on your special calendar for case number 2012043. W the Medical Center annual compliance statement. This is informational presentation. Good morning, president chow and hillis, commissioners, im elizabeth pearl, Planning Department staff. The item before you today is an informational presentation on california pacific Medical Center compliance with the Development Agreement for the 2015 recording period. This is our third annual reporting period. Todays presentation, youll hear from city staff on compliance with key components of the da that are relevant for the 2015 reporting period and the updates on the projected compliance in 2016. Following this hearing, the directors of planning and Public Health will determine whether ctmc is in compliance with their 2015 obligations and issue findings to that affect. A Third Party Monitor will review the directors findings and inform the board of supervisors whether he agrees with their determinations. Cpnc Development Agreement requires them to build two new hospitals and three new medical Office Buildings and public improvements. Construction for both the cadral hill and homes are underway. Cmnc is ahead of schedule with their commitment to open saint likes hospital. They open it been two years of opening the Cathedral Hill hospital and theyre aware of that effort. For the 2015 reporting period, were 11 main action items for compliance review as outlined here and these are in the areas of work force and hiring, of prevision of health care, payments and public improvements. My colleagues who are here today will go into these in greater detail. I would like to note that one reporting area, the First Source Hiring Program has a reporting period that doesnt correspond to the calendar year from here today. That area of recording runs from mid2015 to mid2016. This is consistent with the way we have reported to this previously, so were representing it with no data gaps and it will give you an update the picture of that area. And in 2015, cpnc had to make payments for 14 million, and they have paid uptodate. And theyre uptodate for their payments of 2016. One additional area in the da that requires annual reporting is cpnc compliance with the requirement regarding pay increases for cpnc in its role and catherine dod is here to give you an update on that. Thank you, catherine dunn. Thank you elizabeth. There was key questions were identified on the spending engaged through exam 2015 Health Care Cost and day the exchanges are occurring. And we will exam whether or not the Health Care Cost increases exceeded the agreed upon amount. Any questions . We may when it comes to commissioner comments, but well hear the presentation first and i have a finance committing meeting right now for my department which is a 790 million department, so ive been asked to rush back. Sure. If theres questions directly for miss dunn at this point. I just have one question which was, whether that audit was or evaluation was supposed to be looking for possible fee increases in the future or what was the purpose of the 2014 that now was postponed to 2016 . It goes for 7 years until 2020. And we didnt have we didnt have baseline data and baseline data changed so the audit will occur every year to see in fact the prices increased more than was agreed upon in the Development Agreement. Its a backwards look rather than looking at a potential fee increase for that particular service . Exactly. And its just for the cpmc facility and not for the other facilities. Its for cpmc or are you then isolating [inaudible] from that or are they using a uniformed fee schedule . I honestly dont know the answer to that question, but i can find out and get back to you. Okay. Thank you, dr. Chow. Thank you. I apologize for having to leave. Thank you. Any other questions . No, okay. Thanks catherine. And could we have a document camera again. Coming up next, ken nim from the Work Force Development will present the results of the Development Agreement compliance with work force and hiring requirements. Good morning, commissioners, ken nim Administration Services academy, and also local colleges and recruitment for College Students for these jobs. The second item which is similar to the entry level position and these are more specifically working with contractors and employers that are seeking office type of work, and we are currently at 60 . So 22 to 37 candidates that we have referred are working on the project. And item number 3 is the first time goal for the construction at 50 of entry level apprentice filled out by City Build Academy were at 30 and 78 out of the 258 possible opportunities were filled through the system referral and the challenges here for example is the iron workers, we have a lot of iron worker opportunities, but not enough residents able to do the work, and some other [inaudible] for example, they electrician and plumbers and you have to go through the protocol. So the list may have a local resident on there, and sometime they may not be local residents. Great. And item number 4 is the minimum of 30 of the overall work hours performed by local residents, so as you see, were currently at 29 . And all the contractors that are working on the project have been working working diligently and working through the system referral to get our residents so based on the apprentices and the challenges of the trades that we werent able to fill, were currently at 29 , but any opportunities that comes through our office, weve been able to refer. So for the next charge is a pie graph of the performance, so looking at the overall work hours, as you can see, its 29 and for local residents. And apprentices is at 37 . And this is just a quick break down on the demographics. One of the key part of the dda is to target economic disadvantages of our community. In the chart, they can go inter mission visitation valley, and baby Hunters Point is representing a majority of the work hours coming from local residents. And the next slide is just the local Business Enterprise goals. The contracting goal is 14 . And specifically we have broken it down by each of the projects, the gary [inaudible] campus. Its currently at 13 and van ness medical office which is just started coming up at 7 and saint luke campus is 20. And all other campus was 15 and we have generated over 81 million in revenue for local businesses. Next ill have lilly elison, our director of business offices talk about jobs. Good morning, commissioners. My name is lilly elison, director of Business Service for Work Force Development. Under Business Services, we are task with the administration of the First Source Hiring Program for non construction. Our hiring goals were actually or are at least 40 of all entry level positions from our work force system each year. This is really a great turn around story. We started off at about 14 , and this year were weve exceeded that. Now if cpmc does not fill 40 of the entry level positions with our work force system referrals in a hiring year, the number of entry level positions constituting the hiring deficiency will roll over and theyre added to the annual hiring target for the following hiring year. Our priority neighborhoods were happy to report our Western Addition tinder loin, mission selma, outer center and china town and weve been hitting all those neighborhoods and we have detailed information we can provide to you at a later time. Now, this year our First Source Hiring Program for cpmc and this is our non construction. All of our non construction hiring goals have been exceeded. Theres no deficits or carry overs. This program year is its year three and that runs from august 2015 through july 2016. Instead of the 40 goal, were at 69 . Now, how that works is that 176 employees were hired and out of those employees that were hired, 121 are from our work force system. So thats a great turnaround story. I will just add, and i dont have a lot of detail about this, but i will present to you that the First Source Hiring Program for cpmc operations has a Work Force Fund grant agreement. Cpmc paid 3 million into a Work Force Fund. Thats administered by the San Francisco foundation. The fund focuses on barrier removal and job training for the Employment Opportunities created by the project. Now, these funds target educational institutions and nonprofit organizations with an existing track record of working in the priority neighborhoods and many of those are mentioned. Our current grantees are jewish vocational service, mission hiring hall, mmh as we call it, positive Resource Center and self help for the elderly, Success Center and y cd, Young Community developers. Commissioners, do you have any questions at this time . We may, but were going to hold off until we hear from cpmc and Public Comment. Thank you so much. And ill turn it over to health care. Thank you. Good morning, commissioners, colien chavla and im here to talk about the Health Care Developments of the health care agreement. This slide is a summary of the i wont discuss them here. So, first, the next several slides, ill talk about the elements of the da in 2015. And of course were now into 2017, and 2015 seems like a long time ago, but to separate whats happened its since, im going to talk specifically about the 2016 compliance in the slides and at the end, ill have updates on what has happened since the 2015 annual report. So, with regard to baseline charity care, it includes four obligations and these positions were included to make sure that cpmc maintained the level of care to low income uninsured people in satisfy before they were doing before the da and Everything Else in the da was additive to the baseline charity care obligations. So, the first one is undupe bring catted served, they serve 1 this measure represents care to low income individuals who are uninsured or under unsured or have medical. The 30,445 figure represented the number of medical or Charity Care Patients that cpmc served in the years prior to signing the Development Agreement. This and the other charity measures are included to make sure Everything Else in the da is additive to what cpmc was contributed to the community. In 2014, commissioners may remember that cpmc had a short fall of 8 they have a precision of a ruling allowed cpmc to make up for this short fall in a consecutive year, and so that meant that in 2015, cpmc had to serve 3,200,294 patients and cpmc served 17,007 patients. This figure was verified by an independent third party auditor. Cpmc reports the increases due to their due to the expansion of enrollment of their partnership with northeast the precision of diagnostic services and contributed for part fir ships with Community Clinics and the second element of the bay line care commitment is benefit spending and it requires cpmc to spend 8 million for Community Benefits to the poor and under served and this category, cpmc exceeded its commitment spending 14. 5 million in 2015. The third element of the baseline charity care or its charity care policies, it required cpmc to not change its policy karat no cost to people who need it until the end of 2015. And no changes were made to cpmc charity policies at that time and the base Charity Commitment in 2015, they have continued to support the Baby Child Health care center with their precommitment to the center. So on top of the 30,445 baseline Charity Commitments, its the commitment to participate in medicare care and serve 545,000 these beneficiaries are meant to reflect the impact of the aca on San Francisco. Cpmc to be a provider with the San Francisco health plan which is the larger of the two medical care plans in San Francisco. Prior to the development, cpmc had responsible for 14,000 Medicare Beneficiary and they had to add the total bringing and the 5400 were to be cared for at the cathedral campus. They serve beneficiaries at the saint like the saint luke campus. Through the partnership with nims and through nims partnership with Saint Anthony clinic, in 2015, they accepted 15,008 this succeeded their requirement by more than 13,000. Of the 5400 new beneficiaries they make sure the tinder loin and the campus was served by sutter. The new neighbor will serve tenderloin neighbors and the manage care partner nims entered into another contract at Saint Anthony to be that partner in the tinderloin. The partner is 125,000 medical beneficiaries. They have a choice of providers and cant be moved into this partnership. Enrollment is as People Choose the partnership. As they remain open to the partnership, theyll be in compliance even if they havent received the 1500. To help grow the they had enhancements at saint anthonies and outreach at Saint Anthonys so Saint Anthonys was given funding to do outreach to their dining room guest to initiate discussions with Saint Francis to have a referral process, to do outreach and enrollment at hamilton to obtain access to eligibility workers to make them eligible for medical and participate in homeless connect events. In 2015, the Innovation Fund received 1. 125 million into the fund. And a grants were awarded in the amount of 1. 3 million. The grants awarded were to several Community Based organizations representing enhancements and care for behavioral health, Senior Health and the Saint Anthony infrastructure and outreach i mentioned a few minutes ago. This is a summary of the Additional Health care previsions that are required in the da. The first was around post to acute care, and the deadline for this obligation was extended to december 31, 2015. Given reduction and skilled numbering services and sub acute karat cpmc homes, they asked for most we worked with San Francisco hospitals to assess the acute the resulting report was presented was finalized in 2015 and presented to the Health Commission in february of 2016. And it included three key findings and seven short and long term recommendations, dph, the Hospital Council and other member homes including cpmc are continuing the work to address those recommendations under a task force obtained by the City Council Meeting which had their meeting in the last couple of weeks. Cmpc has medical staff, the cross hospitals as directed by the da and to retain its membership in the San Francisco Health Improvement partnership which is the successor for the term of this report, Chinese Hospital was in compliance or cpmc was in compliance. Commissioners were called and dph received correspondence from Chinese Hospitals and it would have impacted cpmc compliance and commissioners have received communications from Chinese Hospital to independent date they were able to come to agreement and no longer assert non compliance with the da in 2016. Regarding culture linguistic and eligible standards, its cpmc policy to deliver services with these standards and they have provided a copy of their policy implementing the standards, but the health and Planning Commissions expressed both in 2013 and in 2014, that they still have questioning about the appropriateness of this services. The coalition for san franciscans addressed concerns at saint luke. Cpmc had a task force to review their compliance status and opportunities for improvement and secured an outside expert to advise them. On september of 2015, they shared their class standards assessments and our own experts at dph reviewed the assessments and called attention to areas to benefit from focus and requested that cpmc address these issues in their 2015 annual Compliance Report which they have done. So, as i said at the beginning, i would summarize here to talk about your concerns in the past and what what accomplishments have been made since the 2015 report was filed. So in 2014, the commission may remember there were concerns about the 1500 Medicare Beneficiaries in the tenderloin. Theyre currently 125 members in this partnership, so still far below the 1500. But as we said i said also weve funded Saint Anthonys to do more outreach in education to increase enrollment and really theres no because patients have a choice in their providers, theres not a way to wholesale patients. It needs to be Patient Choice and were continuing to fund Saint Anthony to educate individuals about that choice. Regarding the cultural linguistic appropriate services, in addition to what we did in 2015, we continued to meet with cpmc in 2016 specifically related to the saint lukes diabetes clinic. That meeting resulted in recommendations and clarifications including adding additional Spanish Language Spanish Language classes should be offered at the clinic, that adding reception staff would improve the patient experience, and that the health First Program provides positive connections for saint lukes diabetes patients, cpmc agreed to report on meeting these agreements as apart of their future Compliance Report beginning in 2016. I heard from cpmc that this month, they offered a position to a buy ring gal registered die significance, certified diabetes educator and they started classes at saint lukes and they have made improvements in Patient Satisfaction surveys, but when they filed their 2016, well learn more. And then finally with regard to community engagement, the commissions also had concerns about cpmc engagement with the community and its my understanding that quarterly meetings took place with the focus on excellence in Senior Health. With that, that concludes the health care portion of the presentation. Ill turn it back over to elizabeth. Thank you. Thanks for your patience with this multi headed presentation and the complex details we have presented to you here. Overall, noting the concerns that do lien and other of my colleagues have mentioned to you, staff believes that cpmc is in compliance with its commitments under the Development Agreement for the year 2015. Theyre uptodate on their construction and payments and theyre reading as you heard from colien and they have entered into partnership to meet the medical requirement and theyre in compliance with the hiring goals. So i should note they have made up existing short falls noted last year. Theyre on track for compliance in 2015. Staff believes as theyre in compliance this year that we recommend the directors find them to be in compliance. That concludes our presentation. Im going to turn it over to jim who is going to make a brief presentation on the project progress and theyll be time for your questions and Public Comment. Thank you, ms. Pearl. Good morning, commissioners. Good morning. Director ram. Im jim from cpmc and my colleagues and i are appreciative of your time today and staffs time today to report on our 2015 compliance. As as staff noted, a lot of this information in their reports, ill be brief especially covering these 2015 key activities from our Compliance Report. Were proud to be found in compliance on all commitments. Weve been working closely with our Community Partners and dph to make up the unduplicated short fall and you heard that from staff. Remaining 12,000 lives over the managed medical target and the partnership with Saint Anthonys to serve tenderloins residents. The ongoing conversations weve had with dph in response to the Diabetes Center, we conducted the post acute care assessment and presented that to Health Commissioners of february of last year and were proud of the operational and construction hiring goals and invested over 37 million into San Francisco based contractors in 2015. Our current priorities are things since this 2015 reporting period, some of which again youve heard mentioned by staff, but we are exceeded to share the replacement hospital at saint lukes is ahead of schedule by almost a year and scheduled to open of june of 2018. The tower crane is down. We would welcome bringing anyone on a tour of that facility. Its looking terrific. Were excited about that revised opening date. We are continuing ongoing meetings with members of the community and we have made great progress last year. We have opened lines of communication with various members of the community and are coming to kind of fruitful discussions and constantly trying to gather more people into that conversation to make sure that its as open of a process as possible. Were proud of that activity and the progress with our Community Members, partners, neighbors, and friends. We did implement the Public Transportation subsidy this year in january of 2017 which had been a point of discussion in the past. Were pleased to report that 10 of our employees at this onsite have taken average of that. We have seen an increase in carpools and decrease in monthly parkers so we hope that when we see the results of our employee Commute Survey which should be at the end of the february, we should see that single occupancy vehicle number tick down. Were off to a good start with our Transportation Demand program. We will continue to support the partnership with them and Saint Anthonys to increase the amount of services being provided at tenderloin residents and as staff noted, we are implementing the recommendations from the class assessment and the specific review with dph of the saint likes Diabetes Center. Through this time, weve invested over 100 million into San Francisco based contractors so thats a jump from the numbers you saw reported in the 2015 Compliance Report. We continue to support our local businesses and the hiring year is is on a slightly different schedule than some of the other commitments for da year 2015 and 16, 74 of San Francisco hires has come from the da targeted neighborhoods. This is a current view of van ness and gary and it doesnt mean real time view, although with the weather weve been having, i dont i think wed be able to pull that one off. This is two views of the van ness and gary hospital. The top view is the corner of geary and van ness looking west. The bottom is a view of franklin and post looking east down post street. This is a current view of saint lukes. Those are both that first view is cedar chavez facing east, and the second is standing on the north corner of cedar chavez and valencia looking back at the hospital. And that is our report. And were welcome to answer any questions that you might have. Thank you so much. Thank you, very much. Im sure we will have questions. At this point, now that the staff presentation is complete, we would like to open it up for Public Comment. Youll have three minute to address the commission and we have a couple of dozen speaker cards. If i call your name, you can speak at any order. Alice, mary paton and zeek and perez, maria, vaquez, tido, gloria dixon, and bruce garon. If you can line up on the screen side on the room. That would help keep the door clear, and again, speaking in any order if your name has been called. Good morning, commissioners, my name is zeek and im the clinic director at Saint Anthony Medical Clinic where youre a manage care provider as you heard. Challenge at Saint Anthony, you might think 110 lives, why is that . We have a very complex Patient Population, homeless. Chronic care is one of our diagnosis of the practice, but just on that tone, i would like to share with you where we have been. We were weve been a San Francisco help plan provider for almost five years and we have in that line of business, 817 lives. On an average we hold 15 members. To put this in context, our nims, cpmc relationship has 100 to be exact, 121 lives and thats on average of 8 lives. So i would like to share that with you. Its not an easy task to be a provider in the tend did in the tenderloin and i brought one of our patients who have lived in the tenderloin since 2014. It wasnt until 2015 when we were doing outreach enrollment in the [inaudible] room, that i met him. He had not been directly participating in taking care of his health care. He is missing a limb, but never had anyone to treat him with a compassion to seek services. And as a result of our partnership in the dollars allocated from cpmc to Saint Anthonys, this work is being done. And we continue our work day in and day out, challenges with aca, the enrollment of our patients in the queue right now, we have 220 patients that were waiting for medcal to assign a designation, and as we know, our patients have a choice which network theyll choose, but subsequently our responsible is to get them into the medical management care of business. I would like to thank cpmc and you for your time this morning and were grateful with the partnership with cpmc and all they do in the tenderloin to support us. Thank you. Next speaker, please. I like to thank the Committee Board and cpmc because im a latino. Im a proud latino. I used to work for the city of north new jersey. I used to do the checks for recreation and parks, sanitation, and for the police department. I never thought i would come and lose a limb or i was too young when i got my job, and i never thought i would be homeless. I never thought that people would treat me in the way that they treated me. Myself esteem my selfesteem went down. I became homeless and i lost my family. If it wasnt for you and the board and if it wasnt for zeek because id never you know, i worked all day of my life. I always paid for my own medicare, but when i became homeless, i never thought about applying for Health Insurance or nothing like that. And i felt real bad. I lost my arm. I didnt take care of my hygiene or nothing, and now im proud. Im glad of zeek. When he met me i was dirty and never shaved, never had a nice haircut like this. I have an arm and i wanted to show it to you, what you did for me. I got an arm, but it took me a hard time trying to put it on so i left it home, but i just like to thank you for what youre doing for the community, and [inaudible] and it helps my selfesteem and makes me feel like a person again. And what youre doing for the people, i think its good. I think the clinic that i attend in the tenderloin at 150 golden gate is the best thing you ever had and i like to thank San Francisco general for just making me a person again. Thank you. Thank you very much. Next speaker, please. Good morning, my name is elise and im a social work at the Saint Anthonys Medical Clinic and my role was created over the past year to help families that are trying to gain access to health karat Saint Anthonys and helping them enroll in insurance and connecting them to the resources they need. We find a lot of or i find the families i work with have been in similar situations to mr. Price and they never expected to be homeless or worry about where their next meal is coming from. My work has been supporting the family so they get their basic needs can be met so they have the capacity and ability to focus their attention in care to their health care and needs, and to for the gain of more comprehensive care for their family and so part of that has been making it as easy as possible for them enroll in Health Insurance and gain access to our clinic and we have worked on a bunch of Outreach Program and working with the family Resource Centers and letting their members know we have ability in our clinic and are always open to new patients and really focused not only on the physical health of the families, but the wellbeing and Mental Health and a lot of my job is working with them, and addressing the cycle of social needs and stressors they may have in their life. Thank you. Thank you, mrs. Casey. Next speaker, please. Good morning, my name is mary and im a Nurse Practitioner at Saint Anthonys clinic. I would like to speak to our outreach attempt in the Tenderloin Community. We face many challenges given that a lot of the families we work are not permanent residents and so dealing with medical to get their insurance transferred to San Francisco county takes months. So were excited about the continuing opportunity to the outreach in our community. We got them enrolled in this partnership with nims thank you, ms. Paton. Next speaker. Hello, my name is bruce and i have the privilege of leading a Construction Company called gms. Back in 2012, i believe it was or 2013 when this project was approved. We were given an opportunity to help start the construction on the Construction Office thats presently occupied at van ness and post. I know it was a test to see if we can do half of what we said that what we could do. That was our chance to become involved with a larger project when it began. We started with a small work force at its peak about 4 people and we started that task and invited back again in 2015. A small work force, but it has led to continuous work from 2015 to today. And it has been with a number of growths from the initial path that we were given of being one small part of the overall activities there to, i think, about 7 separate work packages. Some of them have been directly with hararra or trade partners at hararra bolt. I believe those growth were apart of our by demonstrating each and every single time we were given an opportunity to prove we were worthy of the opportunity they had given us to work out there. I am indebted to the leadership of herrara bolt forgiving me the opportunity to show what we can do. I think that its not only at the leadership level where we enjoy this relationship, but it made it down throughout the organization to the folks we work with everyday. The superintendent and the foreman and the people that made sure this project gets done. And we have demonstrated time and time again weve earned the right to be out there. It hasnt been smooth the entire way. Weve had our challenges, but i believe we have met them and grown from them. One of the many keys of effectiveness that i place upon myself is not having people become employed and go off employed. My goal is to provide an environment where theres Continuous Employment because you dont get to develop and invest in people unless it moves beyond entry level, and while ive had other projects and pretty good opportunities with the city of San Francisco, with the airport, dpw, puc and rec and park, this opportunity has given me stability. And i think that what it has done is given my company the ability to be able to stand competitive to be thank you, sir. Thank you. Next speaker, please. Good morning, my name is maria mortonson, born and raise resident here in San Francisco. A recent graduate of City Build Academy. After graduating, i was hired onto work with the saint lukes project, and i just want to say that i think the programs and the opportunities affiliated to the project going on for residents are very grateful and i think theyre great. Thank you. Thank you, mrs. Martinson. Next speaker, please. Good morning, commissioners. My name is it tido and i have been here 20 years and i live in i graduate city build, cycle 24 last year. As far as the opportunity that city builder has given me, its a great company. Im a medical worker. I work at the van ness gary campus hospital project. As far as some of the things one of the offer that was really good is that if i when i leave work, if i were to drive to work, it only takes me 12 minutes, but taking Public Transit, it takes 40 minutes. There have an incentive program, if you take Public Transit or carpool, they give you some things that you can get points every month. One of the other things, thats what cpmc does. What the southland district does and i was surprised when i started working with them, they encourage you to take Public Transit. They pay for your Public Transit, and thats the thing that surprised me when i worked with them. This is the first time i have worked for a Construction Company. I found myself unemployed a year ago. When i went to the unemployment office, i found out about city build and after that, ive been there for five months. What city build has done for me was it gave me the opportunity to work in the construction field. We have people from southland supervisors to visit our school to demonstrate for us and other trades went and visited and happened to choose sheath metal. If city build was not there, i know i would never have had the opportunity to work in the Construction Industry and in the field of my choice. I appreciate everything that this city build and the office of Economic Development has done for me and my family. Thank you very much. Thank you. Next speaker, please. Hi, im vaquez, im a project engineer of the gary campus. I work for herald bolt. Ive been a San Francisco resident for 12 years, and i did my High School Year here. I did my undergrad at San Francisco state university. I got my current position thanks to the herald bolt inter ship program that was represented as a state. As soon as i graduated, i became a project engineer for the Structural Team and i got hired on as a full time project engineer for the medical equipment team, and i just will like to thank cpmc for the he opportunity to further my career and everyday i learn more about construction and along with a great team. Thank you. Ill call additional names. Nox, melody grossman, kim barns and sand sal, and james. Good morning. My name is gloria dixon. Im a native of San Francisco. I had the privilege of becoming a graduate of a capsule program. I started as an intern at the Saint Lukes Hospital and from that point, i was promoted three times. Im working at the van ness project, and i thank you. Thank you, mrs. Dixon. Next speaker, please. Good morning, commissioners, my name is abigail and im with running an employment finding pathways to good jobs is extremely difficult. As im sure you know, we have the highest rates of poverty of previous incarceration, substance use, Mental Health and we have doubled the Homeless Population of nine other districts combined and im here in support of cpmc because theyve been extremely dedicated to our community. Kevin train have come on and they have dedicated literately hours to interviewing every single one of our job seekers. After the interview event, they ran out of time and had to go back to the office. But instead they sat down with me and they went over feedback on every single one of our job seekers. Some of our job seekers were referred from employment and it transformed their lives. One of the women they hired is a single mom with three children. Since working for xhm, shes been able to find permanent house and change her childrens lives. For the folks who are not referred for hire like i said, progna gave us feedbacks on behalf of hospitality house and the nine were grateful for our partnership with cpmc and i cant advocate enough for support of them. Thank you. Thank you, next speaker, please. Good morning, commissioners. My name is christian martin. Im the executive director of the lower pope district. I would like to echo the comments of previous speakers and thanking cpmc for their community outreach. Their generosity allowed us to directly employ people that have and providing cleaning and Maintenance Services to the district which in calendar year, 2016 removed over 50 tons of trash, feces, needles from the neighborhood. And indirectly, their presence has supported Small Businesses, and i would like to thank them publicly and encourage the commission to support them. Thank you. Thank you, mr. Martin. Next speaker, please. Good morning, commissioners, my name is escamine and im the director of the economic clinic which jobs and justice, the Community Labor coalition that so tenaciously pressed for the meaningful Community Benefits that weve been hearing about today. And a coalition that has consistently participated in the da compliance review process. In the Public Comments that follow mine, youll hear from individual members of the coalition speaking on a number of specific issues. But ive been asked to make three overarching points. And the first is that it really shouldnt have been this hard and it should not have required so much effort from this coalition to push the city to insist that sutter cpmc fully comply with all of its obligations and the second point is the coalition is disappointed that the city has not used this review process to cat allies a forward discussion and looming conversations that need to be address to explore whether all the essential promises of the da are being fulfilled. Instead, this review process has evolved into a formalistic bureaucratic backward looking box checking exercise. At the end of every may, cpmc reports that it has met each and every obligation of the da. In june or july, the coalition submits lengthy written comments of where cpmc has not fully complied in areas where more information or dialogue would be helpful. We literately suggest the areas that the city report should discuss. Then in the fall, the city report typically ignores most of the Coalition Efforts to catalyze discussion and discuss whether all the ordinary lives of the san franciscans lives are being it appears to Many Coalition members that the rules of this review game are that cpmc must never be scrutinized too closely and given a passing grade, and if it cant be given a passing grade, the previsions of the da that is violated or ignored or theyre reinterpreted or this joint hearing is postponed until cpmc can be given that passing grade. Thank you. Thank you. Next speaker, please. Good morning, commissioners, my name is osney and i work at Community Housing partnership. We help Homeless People secure house and help them become self sufficient. Last year we served over 1400 residents throughout the city. Most of them in the tenderloin. I think its great to see other partners in the tenderloin line Saint Anthonys and hospitality house. We deal with residents every single day. We have heard about compliance verses non compliance. I want to talk about this from our residents perspective because they live in the tenderloin. We work there, but they live there everyday. I think were starting to form a partnership thats great with the different nonprofit and Non Community in august, we hosted a Community Event and while turn out was low, we did ascertain we need to collaborate better and we can do better for our residents. Theyve stated if there is the ability for cpmc to provide transportation for tenderloin residents to access other cpmc facilities until the cpmc office opens additional they stated that a navigator to help support access to services was available, and that would be helpful for them as well as other low income residents. Last but not least, working with homeless residents and formal homeless residents, i think it would be great to collaborate with the department of public works and cph to see how we can provide access to care for those coming out of encampments and get them when they enter the system, to make sure they have the opportunity to have access equitable access to care in the tenderloin. Thank you. Thank you. Next speaker, please. Hello, my name is Melanie Grossman and im a member of the older womens league. And i would like to address the low enrollment of the tenderloin residents to the cpmc manage care program. I have experienced a recruiting Community Members in the mission, the bay view, visitation valley, and oakland to Research Programs at the institute for health and aging. And although i congratulate Saint Anthonys on their work, im here to suggest that there really are ways to successfully recruit Community Hard to reach Community Members, and we were successful in our over efforts. The first thing that we did was to get community input. What are their barriers, what are their motivations. What would help people join . The second thing that we did was just showing up in the community and im not suggesting that people arent showing up in community, but just thinking outside the box. Showing up at the churches, going to the beauty parlor, going to the barber shops. Theres lots of interesting places to meet Community Members and to recruit them. The third issue is the advantages of enrollment have to be immediate and they have to be clear. We learn that people want to stay in their own community, and that means that if they have to leave their community for, lets say, consultations or procedures at other cpmc city campuses, we suggest providing navigateers so they can feel more comfortable and they have to be user friendly and welcoming. I think using these techniques that the enrollment goals can be reached realistically. Thank you. Thank you, mrs. Grossman. Next speaker, please. Good morning, my name is matt and im with the California Nurses Association. We would like to see sutter cpmc and city reports more fully discussed why there has been so many volume volume tilt. We would like to see a break down by campus to by patient zip code and three, how many Diagnosis Services at cpmc has done to relieve backlogs at San Francisco general . Finally we would like to know why the city thinks that a random sampling of 25 patients out of more than 30,000 is a sufficient sample size. On its face, this number is inadequate. Thank you for your time. Thank you. Next speaker, please. Good morning. My name is jane, thank you for having us here this morning, commissioners. Im a 30year nurse at Saint Lukes Hospital and i work in the Emergency Department, and i have been down this hearing road almost 8 to 10 years now with trying to ensure that cpmc rebuilds saint lukes the right way. San franciscans support the Health Directors efforts to appropriately Services Compliance at cpmcs hospitals, however, we want cpmc to end act best practices and thats providing services that promote the health and wellbeing of all patients, particularly Spanish Speaking patients. We have in the past asked the Health Commission to folk house the Diabetes Centers at Saint Lukes Hospital assessing for demolition of services. The reason for this focus was the abrupt termination of almost 3 years ago of two Spanish Speaking diabetes educator, one by cultural and the Spanish Speaking buy cultural Administrative Assistant who were working at the Diabetes Center for 12 to 18 years. At that time almost three years ago, 70 of the centers patients were Spanish Speaking whereas today the number is 51 . Thus we see a 20 drop in the number of Spanish Speaking patients served probably reflecting in large part the [inaudible] Spanish Speaking workers at the center. At a meeting on april of 2016, cpmc met to discuss the diabetes saint 2016, cpmc met to discuss the diabetes saint lukes center. This meeting result in series of clarifications and recommendations. Number one, the first recommendation was that additional language, Spanish Language capacity is warranted. As of tuesday this week, cpmc hired a four day per week Spanish Speaking dietitian. Given the 20 drop in the number of Spanish Speaking center going to the sent e we urge cpmc to do outreach to the Latino Community advising them of the increase of the capacity to serve them. A related issue is a use of interpreters and patients state they dont like interpreters as continue invasion of their privacy and they have different conversations with an interpreter present as opposed to a Spanish Speaking provider. Cpmc best practice goal should be to have every Spanish Speaking patient be seen as a Spanish Speaking provider. We use an interpreter phone which cold and there is something lost in the translation there and the patients do not like that. I see that. Thank you. Thank you, mr. Sanderval. My name is ruin. I work for the California Nurses Association. The second recommendation of the joint cmpc meeting was spanish meeting education that should be offered at the saint lukes. It was understood at this meeting there was a plan for this classes in the future. This has never happened. But three weeks ago, classes for English Speaking ready for this hearing. Spanish is spoken by 51 of the patients, someone will think the Spanish Speaking language will be your best practice, but that hasnt happened. The third recommendation with the reception staff will improve patient experience. There was a full time aa whos door was open at the center at all times. And since she left, the room has been empty except when its used by an educator. Theres no reception area except for the hallway and the chairs. And those chairs are [inaudible] location when you want to see them wait. When patients call a number for an appointment, there are directed to room 230 which is a prior administrative room which is closed and has a sign on it telling the patients to find their provider with whom they have an appointment. To make matters worse, and more absurd, the patients are not given the name of the provider so when theyre looking for an appointment, so often times they wander the hall looking for someone to ask the name of their provider and they start working on doors all over the place. To this day, theres no aa room or staff. We have here cpmc have no plans or intentions to add [inaudible] for this office with the capacity to make appointments and direct people to their providers. Im pleased, this situation is getting worse when we compare to the Diabetes Center, that center has 2 full time aa as well as american assistance. And this person is the one thats directing and making the appointments. Thank you very much. Thank you. Next speaker, please, and ill call additional names. Bob, michael lion, gordon mar, and david elliot lewis. Thanks. Hi name is ken barnes and i was at saint lukes for over 32 years. Adding to what the prior speaker says, i invite you to visit the saint lukes Diabetes Center yourself and see the condition of the year. I have no idea as to whether the new Diabetes Center is going to be moved to the new hospital although i kind of doubt it. If it doesnt, in my opinion, the space itself and the organization of the space is at best disrespectful to patients. The fourth recommendation of the joint meeting of dph and cpmc had its prevention in education serving patients for chronic diseases including diabetes. Its supposed to coordinate care with the diabetes senter and primary care providers in the saint lukes community. To provide comprehensive services to patients with diabetes which in fact is only sporadic with sharing in coordination of care and not consistent. In the april 2016 meeting. The group discussed the possibility of including patients and staff from health first on the saint lukes Diabetes Center advisory council. A council was mandated by both the American Association of diabetes educator and the centers for medical and medicad services. Saint lukes Diabetes Center doesnt have an Adviser Council how committee. The Adviser Council to the Diabetes Center the main Diabetes Center is located. As far as we know, staff nor patients of the saint lukes Diabetes Center City Advisory Council and the members are from the california campus only. Given the differences in patient composition and location, we believe that the saint lukes Diabetes Center should have its own council comprised of patients and staff of the saint lukes center. What we described is disturbing to say the least. The fact that it took cpmc three years to hire a Spanish Speaking to serve Spanish Speaking patients who prefer or must use spanish in their patient visits. And it speaks to the gross in general towards Spanish Speaking patients showing respect to finally, theres a question as to whether cpmc is out of compliance with the diabetes educator as it pertains to an advisory council. Cpmc must do better than this. And we call on you, the health and Planning Commissions to hold them accountable. Thank you. Thank you. Next speaker, please. Hello, commissioners, i see we have some new commissioners since we last testified. My name is bob. I have been involved with the Coalition Since its inception. I want to address one thing first today and talk about the latest developments at the centers of excellence and Senior Health and Community Health and i want to acknowledge jim nick on and ebone web and their colleagues at cpmc. They talked about working with a coalition. To date, we have focused on the center of excellence for Senior Health in part because we wanted to learn how to get it right before we expand it to the more comprehensive area. Theres a great deal of support for the work were trying to do at saint lukes for the center of Senior Health, but it has been hard to get people from a lot of nonprofit agencies to participate in a planning, but i think we have an agreement with the folks at cpmc that will work on that together. Its going take time. And its going to become more difficult because people overwhelmed in their work is going to have a harder time over the next several years so were going to work on that together. I think where theres a principle we have accomplished that cpmc who which wants to keep seniors out of the hospitals to the extent possible, its a goal we share, must have relationship with the Community Based organizations that help seniors and other aspects of their daily living, you know, meals, programs, transportation, recreation and things of that sort. And i think thats one of our challenges to how to make that part of the Advisory Group that works with cpmc. I want to say, i think the center of Excellence Health is going to be a challenge because if theres no accountability to community, saint luke im reminded about the new saint lukes homes serving a new demographics of people who are better educated and employed. Saint lukes hospital must serve of course, the new demographic in the neighborhood, but it must be under the nearly 150 year mission of Saint Lukes Hospital that served immigrations the last thing i this is stepping out the bounds of this, but given the changes that we might be seeing, there are so many different assumptions we made when this Development Agreement was corrected. I am i implore the commissioners to think about it. If im running out of time. Damn it. The last thing given the assault thats going to happen on public institutions, i hope we can work with private providers to help deal with the consequences from whatever repeal of obama care takes. Thank you mr. Prentis. Next speaker, please. Michael lion. I lived in [inaudible] heights for 40 years and i worked 15 years at San Francisco general. It seemed like that whole time was a struggle to get saint lukes viable, and to keep it serving the community thats poor, so called minority and grossly medically underserved. When the California Nurses Association began their medical red lining campaign on the poor communities of color that hospitals mostly avoided and the stresses on the few hospitals that did serve those communities, southeast San Francisco and saint lukes were almost the first target. And viable saint lukes was the back up when the San Francisco general Emergency Department was on ambulance diverse which was an unconscionable amount of time. We remember that when the first setter Health Foundation of saunt lukes ended up with trying it meant the required five years was up. And we cannot we cannot ignore my cohills neighborhood about wanting to serve the community. If we think we had problems providing medical for those in the past, imagine what it would be like when the medicad expansion is appealed. Any plans that San Francisco comes up with to deal with this Emergency Needs to include saint lukes as an intra cal part and that means supervision or saint lukes. The Blue Ribbon Commission and the hj 2 commission and other groups have been the guardians of saint lukes and health care in San Francisco and especially in the San Franciscos health care, h 2 j 2 is a Labor Organization they need to have a formal role in ensuring that cpmc adheres to its Development Agreement, that they so reluctantly sign, but that he bare the burden for health care for all of such many Hotel Projects that are in the pipeline, the Shopping Mall at candle stick and the Warriors Arena for example. So this includes key previsions in the such as the 40 for source hiring goal which key previsions which are unique to the cpmc agreement and the 4 Million Investment for cpmc and the hiring monitor system that cpmc have created and also the partnership with our coalition of community advocates, so all of these unique components of the cpmc work force agreement can and should be included in other Development Agreements to expand on the success of the work force component thus far and maximum Employment Opportunities for disadvantaged residents. Thank you. Thank you. Next speaker, please. Good morning, commissioners, kim with the National Union of health care workers, were part of the coalition for Housing Health care and jobs. One of the things that we wanted to say talk about today was the local hiring. We have continually asked the Mayors Office theres some jobs where youre hired for three months and out of door, a new body comes in. And we want to make sure that the people who are coming in are its leading to a permanent job, a permanent few pertinent future of jobs and not a roll over of jobs. We would like to see a tracking. Health care, as you know, people are there on a regular basis and they care more about the patients, they care more about the community, if theyre there by three months and somebody comes and takes that job over, you know, it doesnt lead to great health care, so were urging people to ask more questions about the local hire at the Mayors Office, what jobs are permanent and which are not and going into the future, what that will mean for the residents of San Francisco. Thank you. Thank you. Good morning, im david lewis and addition to serving on the Mental Health board, im active in tenderloin including the Community Congress of the tenderloin, and i have Community Housing partnership. I live in one of their buildings and i serve on their board. And im also on a Community Advisory board for a local clinic in the tenderloin. A San Francisco Health Care Network clinic, and so i have spoken to the director and others about the to try and find out, how everyone heard of sutter health, has anyone heard anything about outreach . And while its true, a Community Housing partnership has done outreach and referred people and they have had little success in seeing the people they referred has been accepted as patients, and outside of them, im telling you, of all my other tenderloin contacts and i have a lot and im wellconnected in the Tenderloin Community and, im not seeing the outreach. I applaud cpmc stated intention to do outreach to the tenderloin, but i think theres a gap between what they say theyre doing and whats happening on the ground back from the ground. I would ask you commissioners to continue to pressure cpmc and let tenderloin residents they have a we have medicare and medical and theres Vulnerable People who could use this service. Theyre over subscribed and burden and they could use the assistance of an Additional Health care provider like cpmc so please, they need to do a lot more. I think they have so much to offer our community, but theyre not quite offering it yet and the community is mostly in the dark that it even exist or its coming. Thank you for your consideration to my comments. Thank you, mr. Lewis. Next speaker, please. Commissioners, thank you so much for your attention, and your hard work on these matters. Im mark erinson and im a former director of our community Economic Development clinic. I have brief comments. One, i want to convey comments of another member of our coalition, Marlene Morgan who is active in the Cathedral Hill neighborhoods association. She would have been here, but she has bronchis and she would have directed her comments on the transportation. Ill be brief. Were relieved the it has been implemented by cpmc as of january 1st. And that the participation already has 10 of its employees. This is a major benefit in terms of dealing with transportation issues and encouraging employees of cpmc to take Public Transportation. Im sad that its taken three years more than i think the specific terms of the Development Agreement required for the implementation of this program. But we have it, and we look forward to other progressive measures in this area. Second, i want to just address what is a constant theme of our work and that is the kind of contribution that Community Groups, that Group Experts can make to develop programs that are truly responsive to the needs of san franciscans especially its poor residents. This is very important. Its always very important whether its at the advocacy stage or in the monitoring stage, and we appreciate the cooperation with the city officials that weve had to date. We appreciate what appears to be a change in the perspective and actions of cpmc. But its not enough. And it is particularly not enough for several of my colleagues have indicated. Previously in light of what is now going on nationally. We are in such a difficult period. In my own mind, and i also have a substantial background in political science, this is a political crisis unmatched in this century. It is important that there be real creativity and outreach to Community Groups as we continue this process and it shouldnt have to come with us pushing so hard for it. We invite you asking us for help and we will be forth coming in ways that i think will be more responsive to the need that there are now. Thank you so much. Thank you, very much. I have no other speakers cards, but if theres other members of the public that would like to speak on this item, you can come forward now. No seeing none. Well close Public Comment. Thank you for the testimony and open it up to both commissions to ask questions. Commissioner koppel. Yeah, thanks, everyone. And the other fellow commissioners for hearing the item today. I followed the both hospitals process through the Health Commission through planning and im glad to and privileged to be here speaking with you guys here today about the project. Ive worked in hospitals for a number of years and i dont underestimate the work that the doctors and nurses and all the staffing do to keep these places running and hopefully us being in San Francisco, we wont necessarily need our hospitals as much, you know, pertaining to natural disasters and what not. But as a city, were prepared for these occurrences if they happen. I want to commend the team work, the Seamless Team work im seeing with cpmc, herrara vault as the contractor with office of Work Force Development and city build program. Not only are they giving Job Opportunities to San Francisco residents on the job sites, but theyre putting them to work in the offices too. So, forever example, the van ness and gary project, besides the actual construction part of that project, theres a large amount of work being done across the street in the offices with the contractors on computers designing the building and theres a lot of people being put to work that way. Dont forget about people on the job sites and off the job sites that are being employed. Also im impressed with the fact that the these groups are encouraging local Business Enterprises to be on the job, like sub contractors and people in these offices that have you know, locations here in San Francisco. Its going to be more Sustainable Practices if these contractors are employed on these jobs instead of out of town contractors and im excited to see that the projects are not just on schedule, but ahead of schedule, one year ahead of schedule. Thats pretty much unheard of. So please, everyone realize thats a really big deal. Im not impressed to see the neighborhood break out too between all owe own just the San Francisco residents, but the neighborhood break outs also, and im glad to see that bay view Hunters Point is leading the way for residents on these jobs. I also many glad to see that Public Transportation and carpooling is being encouraged. These jobs are in locations where Public Transportation of muni can access workers through the job, and would like to see this more so in the future. I have a clipper card myself and im familiar with Public Transit and its once again encouraging, less cars on the road, happier employees that are getting these benefits and these Little Things like happier employees that are going to lead to improvement in production and result in these ahead of schedule timelines, so i commend all the groups involved. Thanks. Thank you. I want to any questions i did have one question to the presenter from cpmc. If you would, in regards to describing the meetings that you are having both at the cpmc Cathedral Hill and the saint lukes campus from a communitys standpoint, the adviser committees that youre having so weve got a couple of different down at saint lukes, the meetings we have been holding have been focused on our Senior Center of excellence and the type of services that will be offered at the new hospital there. We also have a forum at saint lukes and at Cathedral Hill through our Construction Partners whereby all members of the community are invited engage in conversations about the projects themselves. To talk about issues related to noise and parking and materials, loading and unloading. At our Pacific Heights campus, we have meeting at our neighborhood we have various forums at different campuses can you address the question raised to an Advisory Committee specifically for the saint lukes Diabetes Center or is it an overall Diabetes Center for three campuses you have centralized . We have one Diabetes Program that is administered at different campuses so the administrative function supports the program no matter where patients seek access to care. Sure. And on that Advisory Board, are their representative from saint lukes. I dont know the answer for that. Ill find the information and get back to you. Thank you. I know commissioner karshmer had questions. So im heartened by the testimony from the partners that found theres clear signs of progress and i particularly around the process and the employment and the transportation, i am you urge cpmc to continue to listen to the Community Partners from the neighborhood in the saint lukes particularly that it doesnt take that doing that extra effort makes all the difference and doing the extra effort around services, i know it sounds like youre doing some important work around the process, but the services because the perception of the understanding and the commitment is as important in many ways as is the process, so thank you. Thank you. Commissioner melgar. Thank you. I wanted to highlight the local hiring and Small Business numbers, i think thats impressive. And i would also encourage us to look at keeping track of things like one of the commenters asked about jobs. It does make a difference. I have a couple of questions for the cpmc representative. Particularly to saint lukes and the level of Spanish Speaking personnel Going Forward. So, you know, weve seen a migration of the latino population from the mission although we have not seen a decrease overall in the latino population in this city. And so what ive seen in terms of the distribution is latino population is increasing in the south eastern neighborhood so Outer Mission, the valley, baby Hunters Point, and saint lukes besides general, the only hospital on that side of town and its accessible from all those neighborhoods so saint luke is important to the valley and the Outer Mission and bay view. So im wondering Going Forward in the new hospital, what plans do you have for are you okay . Yes. For the you know, for the Spanish Speaking personnel and my other question was i really was happy to hear about the ongoing relationship with nims and Saint Anthony and what that has provided and im wondering if the distribution of that Patient Population is representative of the tenderloin and if youre keeping track of that . Um, so to your first question about our commitment to providing culturally and its a focus and its something we have discussed through the Development Compliance and something were working on everyday, were continuing to build our program at cpmc for all the services we provide which includes the activity at Saint Lukes Hospital and certainly the activity within the Diabetes Center. I think i would like to share that, for that Patient Population, they do make appointments and when they make that appointment, theyre given an opportunity to express it that they like to receive inlanguage care. We Pay Attention to that. We track it and we try to meet that need absolutely as much as we possibly can. Im sorry, your question about nims and the tenderloin residents. Yes, whether you know if the population thats being served through that collaboration that represents the demographic distribution in the tenderloin. Are you tracking that . Im sure we have reports that can be zip coded and identified so we can understand what neighborhoods that population is coming from. My question was more specific and not of zip code, but social economic, race, you know, the im not aware that were keeping that type of demographic information. Im not certain if nems is tracking that information, but we could find out and get back to you. Thank you. Yes. Commissioner sanchez. Yes, just just a few comments. I think this is this meeting has changed since the first time we had a meeting regarding these two efforts including a task force and oversight and commitments and as i listened, again today, let me just say that there really has been some significant headway in what has happened and in the coalition, and in the bottom line where we have hospital sites that are finished, but are staffed by quality incompetent see, and i want to commend the city agencies and our contractors who have been providing new opportunities for the work force because if we werent doing it here, as we did with the build at laguna honda and ghgh and were doing that doing the proposed research for if it wasnt for the health karen the health care industry, a lot of these jobs and skills wont be here anymore. As you look at the data and the compliance and the oversight and the opportunities, you see wow, this is really making some significant headway. The critical variable is can we sustain can we sustain these opportunities because think about it, folks, when the old Otis Elevator company used to do so many old facilities, federal state, the old general hospital, whatever, these companies were trained skilled jobs, and theyre no longer operational and everything is computerized and it takes six months to a year to get repairs in the facilities and thats why were rebuilding these hospitals and facilities to make sure we could keep up with the Quality Assurance that can provide safety for our patients and our health staff and our community. So what im saying is that even though there are shifts in job skills, there are shifts in the quality and service on what we need to provide and sustain, so you know, cpmc is, i believe, to be commended for the fact that they have committed and have fulfilled up to this point in time Charity Ability contributions and we have people who have been here for years, former institutions that says we need to look at what the radar is showing as we move forward. It bring back a thought that you know, in the 60s, we had the old war and poverty and that gave dollars to then schools. San francisco had kindergarten to a Community College all in one district. They were training our art with native americans because they were fantastic skilled people and they could make these fantastic jobs and we had all these other programs and the airport industry. All these things disappeared. So who is doing it today . Health care. Hospitals. Rebuilding, restructuring and transportation, park, you name it. As we have lost people, theres been a change in definition pertaining to how we provide these services. One more example, and i know im local 261 was very active in the 60s to form a training school, to train immigrants to work in the skill building industry, construction workers, okay. They started a School Called a Mission Language and vocation school, and that school is still operational, but the curriculum doesnt provide for the jobs, but it has been providing training for health care. Interpreters working as specialist, people have been hired by u. S. And kaiser, et cetera, et cetera, bilingual, not only in spanish, but other schools. That school is still there. I mentioned that in two of our hearings before saying we need to look at the community, what are the resources and can we link with some of these programs thats ongoing . And ovs is on 19th street. It has been there a few blocks from general hospital, a ten minute walk up to saint lukes, the Mission Neighborhood health center, you name it, theyre there, but many of their trainees go to other parts, you know, what im saying is we need to take a look at these internal resources in this community as was noted by some of our speakers later on. The other thing is the elderly. Take a look. Where are they . Are there any organizations that has been in there. We have mentioned these also. Latino, the San Francisco has been involved for 40 years and they have provided services and theyre on 15th street. They have worked with veterans, all these Services Provided along with [inaudible] which is on the side. All these Community Organizations would be tremendous resources to provide onsite training for diagnosis and treatment and having a specialty clinic or visiting nurse or nutritionist and come in and present these programs. They have been there and theyll continue to be there, but at some point, hopefully the next round, they might be linked so we can provide some of these preventive programs, but theres a lot on your plate. U drshgs uc has been using them to rebuild San Francisco general. They know because theyve been there for a long time. Saint lukes needs to also take a look at some of these organizations that have been here for a multitude for over 40 year and are still servicing people today including expanding their programs for up to seven days. What im saying, we have a multitude of other organizations, again, in the mission, that have been here, but they work under the radar, they work quietly and they provide service and have measured outcomes and theyre doing an effective job. As we move forward to the next stage, i hope we could link and talk about how we are not only going to expand unique services and have a fantastic center of excellence that maybe has a unique model known to no other, or are we going to continue and maintain a different approach pertaining to the not only integration of health care, but the services we must provide when you have the population of kids change from 95,000 in 1968 to 51,000 in Public Schools today, and we still have families coming in. We still have kids coming in. We have many kids coming in from other communities, believe it or not because the families are afraid of the new laws for immigration and undocumented workers, but the kids are here because the workers are here, and the grandparents are here, and we need to think these new models as we take a look at our Patient Population in our community we serve. And i want to say, as a native san franciscan, when my family goes back four generations including two generations in the mission, saint lukes has made significant headway since we started this dialogue before, and i hope we open dialogue. I feel there are there could be great changes even greater changes as we complete these new facilities. Facilities need trained confident, Health Providers and staff related to the culture and the dignity and respect of everyone that we see who are involved in this great network. Congratulations for the work well done and theres an old navy saying we have, we stand with pride and view [inaudible]. Well done, though. And we could do a little bit more, a lot more and well have due diligence. End of comment. Thank you commissioner sanchez. Commissioner richards. Im surprised that so much has been made up in the last year. This question i have for staff before i go on. I know youve answered this question twice before. The gap between the end of the year, reporting year and today seems very wide. Companies can report results and a quarter Million Dollars of transitions in days, why the gap . Apart of the gap is the Development Agreement. And after the at the end of the each calendar year, cpmc has 150 days to produce the report and the city has 45 days to report its own and we have a 60 day notice hearing for this period. Theres many calendar year. With that said, this past year, we did taking on board comments from the commissions last year, we worked diligently to tighten up that period and we produced a city report a full three months earlier this year than last. You may recall this hearing was scheduled for november and unfortunately there was a quorum issue that caused us to postpone it to this. Date cpmc, im happy to say has been a great partner with us in compressing all these timelines and being diligent in getting answers that we need so we can provide a report quickly and we hope to be here confusingly quickly for 2016. I appreciate that. I forgot this was scheduled before. The makeup the year before i was suspicious of how are we going to make up these deficits and Development Agreements and it seems like theres so much wiggle room to drive a truck through, however, it looks like it was structured where and here we are now with a lot of green dots, virtually no red dots and just a few yellow dots, meaning on target, almost at target and far behind target, so i really like the tone of the discussion. I like the fact that weve had so much progress. In fact, at first part way through the first portion of the Public Comment, i was like wow, am i in the right room because they were contentious and we had issues and it seemed like we were really far apart. I guess the question i have for the gentleman who represented the coalition about the process, just a little i have a couple of questions for you. I get the role of the coalition is to hold cpmcs feet to the fire, right, and we started with these big issues and were down to what seems like issues thats easily overcome. Is it the process that you have issues with, maybe are there trust issues there, or is it cpmc it stem that theres trust issues with . Whats with the coalition terms of how they view cpmc in the process . Im really interested in that. I think theres a correct perception with the relationship between cpmc and the coalition and they have improved after stern warnings or stern admonitions. I think part of it is the coalitions expectation is that the coalition worked very hard to get all of the Community Benefits into this agreement. It pushed the mayor. There was a first version of a deal that was not deemed sufficiently significant enough benefits for the community and with a lot of pressure, a better da was struck. Our expectation is that every single promise that cpmc makes will be fulfilled. We dont need to express our gratitude for cpmc doing what it committed to do. There was an arms length bargain offer what benefits cpmc would give to the community in return for authorization to operate the project. So we tend to focus on what hasnt been done and in terms of the lag, we are deeply troubled that three years after the coalition indicated, theres a serious problem at the Diabetes Center, we have the response that cpmc in may of 2017 will tell us what it did after a meeting in april 2016 with the department of Public Health. Let me ask you this question. Were down to what i think are doing the scope of where we started, and you acknowledge a lot of progress has been made. Issues, i think are easily its sur mounted. The Diabetes Center. These are important issues, but given the scope of the da and cpmcs resources, if you were cpmc, why wouldnt you just say, here, heres the resources we need to do, next area going to come back and sing and everybody is happy. Wheres the gap in your mind . I cant speak for cpmc. Im not quite sure im following your question. Ill ask the cpmc representative as well. I appreciate your response. I understand your role. Whats your name, im sorry . Mr. Premelly. The cpmc rep, i get theres a lot of issues and here we are with a lot of progress being made. Now were down to it appears to be something within your resources that you can just maybe get done quickly. Whats the whats remaining hurdles . We totally agree. Its why we have been working so diligently with the dph and have a addressed all the recommendations weve had from the meeting. We want culturally Linguistic Services and its challenging in our specialty to find the competent employees who are culturally and linguistically able to handle that. Were going as fast as we can. Were addressing all of the specific items that were addressed, but we completely also agree with your perspective that, you know, its scope of the da is this, and were down to these few items. We should be able to find a way to get those items off the table. Regarding the culturally linguistic people were relieved in years past for doing what they needed to do and it created the gap and we have this time period go by and we have one other person. Why not call these people back and say it wasnt that people were relieved of their duties. The program was consolidated across our entire enterprise and the fte load, particularly in certain aspects of the program did not need to be as high as it had been when there were separate programs across the campuses, so those fte were offered other roles at other places and im not sure if theyve ended up and theyre working at u. C. And i believe theyre not working with us at cpmc, so we cant ask them to come back i got it. I think commissioner karshmers comment about theres things to overcome, but the perception is sometimes bigger than what reality should be, so i completely agree, so great progress. I like forward to seeing kumbaya next time. Weve heard the spirit of the agreement is as important as the components of our compliance, so we know. Thank you. Thank you. Thank you very much. Commissioner loyce good afternoon, ladies and gentlemen. I have a couple of comments. One of them has to do with i can remember years ago when we were having discussion about saving saint lukes as to improving the quality of services and relationship to the community. The concern that ive always express and it may not be valid because this is my first hearing, i hope of many, that have, in my minds eye been positive and constructive in terms of the presentation from staff and from the community. And so i want to be clear that when we look at the burden of disease in the latina and africanamerican and asianamerican communities, when the cpmc and the Health Department do outreach to bring Board Members that we do deep into the community and we dont align ourselves with the historic nonprofit, will you look at those outside the nonprofit community, so that we can gain insight from those who are receiving service and from those who have a voice in the community that isnt heard via the traditional model of acquiring and recruitment of people to join Community Based organizations as representatives from people of colored community and from the southeast sector, and certainly from the Mission District. Ive watched this activity because ive been a 25year resident of st. Marys park which is less than a mile away from saint lukes, so ive watched this happen and grow and develop into, from what it was when we were saving saint lukes to what it is today, and granted, i think theres always going to be room for improvement. Theres always going to be apart of the community and theyre less and satisfied with the responses, but kudos to those who worked hard from the Community Perspective and from cpmc and from local government. Thank you. Sorry. I also want to thank all the participants for the great progress that is being made over these several years. And a number of us have been sitting here and it is better to be really looking at the fact that the major Component Parts are moving forward. And where we are now is where our comments have been made regarding how we can actually enhance where we are going to go so that the Health Care Facilities that are being built here will serve the entire population and the public. And that includes clearly the residents who are around the New Cathedral and the residents of saint lukes and the greater city, we arent that large that we dont really have [inaudible] of San Francisco. And clearly a number of steps have been taken, but they do appear to take an awful long time to get there. Even if we ignore the fact that this is a 2015 report because we did get an update on the current priorities and in 2016, were hoping to hear better information, but the fact that after all the discussion, that saint lukes is just an example. It has taken almost three years in order to bring about one additional bilingual staff member. And was apparently some question that there is community input. So i believe that from at least the health standpoint, we certainly are on point with most of the agreement. I do think that im somewhat concerned from director dods first comment that we didnt have the fee assessment within time, but we had agreed to have an assessment and i would ask staff that those points that are in compliance or within the compliance, but clearly if were behind in that, then the issue of the cost of our health care for City Employees may in fact be overstated, if in fact the study shows that there were problems. So i think that needs to move forward. Its a small point, but so many are on our city plan. I would think that i dont have all the details on how that audit was supposed to work, but if its supposed to be sure that the rates are appropriate, then we need to be sure about that a lot earlier or perhaps its within the time schedule. Im not sure. But i do think we need to understand that a little better. I think the other broader things that i would also like to echo is that i think that going beyond the letter of the agreement is the spirit. And the spirit does say that we involve those who actually are in need of the care from our communities and may be able to benefit and even better, to be able to enhance the services that may well be provided and our commissioner spoke about other organizations within each of the communities that may well be a synergy to the work owe open Advisory Board comes up about how formal and how informal, but to have the community input. Its what we do at the department of Public Health. We actually hold all these hearings and involve we must have three, four dozen Advisory Boards so that we understand what the communities what our target populations need and therefore we can also have them as partners as we move forward to the goals that we have for our own organizations and i would say that where you have two campuses in two great areas to make that impact on our communities, working with the communities really is going to make an even better agreement and a Better Health care system for all of us. So i would encourage that, and lastly, i would encourage we not only look at the letter of whether or not we are meeting cultural competence, but its really an issue of are we actually creating a better environment for Health Care Decision making, which is what its all about. So its not merely complying with the very pretty picture of 15 standards and where we have all the people in place to do it. Thats a progress and a process, but that we understand the outcomes. You have that on your interpreters but i encourage as we look at this and the class standards, and theyre not there to be checked off, but to be there to be sure and its not easy. We have made a difference by having appropriate class standards and not just the numbers that we have. From our standpoint, i commend our own Department Staff for the work they have done in responding to this. Thank you for cpmc for filling out all these forms and thank you to the Health Commission and thank you to city staff. This is a ton of work and especially to the coalition that have been a driving force in get this agreement done and implementing it. So thats all. Do you want indeed it is. I believe the commission will break before our regular hearing for 30 minutes. Yes, if youre here for the 12 00 Planning Commission hearing, were going to take a break. Were finishing up our 10 00 meeting and well be back here at 12 45. Thank you. The San Francisco board of appeals. The presiding officer is commissioner honda and we are joined by tonights by our vice chair commissioner Vice President fung and commissioner lazarus and commissioner bobby wilson and commissioner rick swig to my left is brad the deputy City Attorney and provide the board with legal advice at the controls is gary hes the boards legal assistant im im Cynthia Goldstein the boards executive director. Were going to be joined as by were joined by representatives from the city departments that have cases before this board. Sitting in the front right now is amanda representing the bureau of mapping and shes joined by her colleague raul shaw i believe chris buck is here in the front right now with the bureau of urban forestry and Scott Sanchez will be here shortly and representing his office and the Planning Department and Planning Commission Electronic Devices are prohibited. Please carry on conversations out in the hallway. Permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. Have up to 3 minutes no rebuttal. To assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. Speaker cards and pens are available on the left side of the podium. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do. Please note any of the members may speak without taking please stand now do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Thank you commissioner president honda and commissioners one keep up the good work item item 5 a jurisdiction request on 139 Market Street that case has been withdrawn and will not be heard then on the calendar item number one general Public Comment the opportunity to address an item within the jurisdiction not on tonights calendar my general Public Comment seeing none, item 2 commissioners questions or comments anything commissioners item 3 the consideration of the minutes important january 25, 2017, unless any additions, deletions, or changes. I move to adopt. My Public Comment on the minutes. Then on that motion commissioner lazarus commissioner president honda commissioner wilson and commissioner swig thank you that that item passes. Item number 4 is a rehearing request the subject property at 1590 sacramento street mitchel is requesting a rehearing the appeal kemp versus mapping decided january 11th voted 4 to zero with commissioner president honda absent and on the basis that was properly issued the project sponsor is with the construction of a Wireless Service facility. I watched the tape. Thank you, mr. Kemp starting with you 3 minutes to present to the board. Good evening and welcome. I request a rehearing for two reasons. Im sorry citizenship speak up is that better. Once again with good evening i request a rehearing for two reasons more information that came to my attention on the 10 of january the day before the board of appeals hearing these two items consisted of the following number one item number 4 in the Health Conditions seemed to indicate that a device or mechanism would be provided to general Public Comment if requested permanent it is not what it means what it means none was sure until i got calls the representative on the evening of january 10th explained to me what that really means is that i should call them if i have problems and no device thats fine number one and thats academic because im buying my own device and install it and as a memo to the gentleman is not really a Little Black Box with a red white it is a beige it is number one and number two this is not been addressed in either the mckenzie or the brief from the department of public works thats the whole question of control and monitoring during the operational life of the system when i asked about the installation of this facility i received an email from the department of public works saying i should call extra net a little bit like having someone say call the restaurants and talk with the owner or have his cousins from san rosa call you back and looking at this deeper i contend from the time the item the facility licenses to the time the license is are you in custody no operational monitoring, control, inspection and no recourse for a simulate citizen that feels he has an issue that needs to be addressed not by calling extra net but the department of health or the department of public works and if they cant explain and should be called a rehearing they cant explain what operational controls they have. Sir please finish our sentence your time is up. Then the appeal should be upheld. Okay. Thank you. Thank you well hear from the permit holder now. Sir. Good evening and welcome. Again. Outside for verizon we would ask you not grant the rehearing we dont think this is new materials facts or manifest injustice in the decision you made this condition number 4 has been in documents for that application ore 18 months and reflects in the dpw reflects mr. Cuttingedge had if time to review those issues and the dpw resealed in any testimony on january 11th raised this issue of mechanism that was used in order to provide ongoing testing and reminded that mr. Cuttingedge so you get to have that done its been used on facilities and other facilities and at t there are hundreds of facilities and mr. Kemp had an interpretation it is a mechanism that works and bill is here that conducted those tests either through the department or through the consultant or others we feel it is something that serves the city and the department and the condition that was written and there is again, no material fact it is new a new and certainly no manifest injustice. I have a question counselor this has been before us 4 times whats the mechanism for the extra net for the general Public Comment is closed. Wants to know what it is. They can email dpw they can moma e email or call extra net and third parties will come with permission and enter into the apartment who wants the testing with the resident present and show him the measurements for the operation of the facility these facilities are operating at low level no systems near close to the fcc guidelines. Is that only dpw or the department of health Public Health department. I dont know whether dpw has received those kinds of questions but there are other mechanisms for all other wireless facilities in San Francisco my resident within 25 feet of antenna that goes to the department of health they are a mechanism with a request to test contact i believe they contact mr. Kemp directly. Thank you well hear from the department now. Once once again. Amanda representing public works were asking the board to deny the rehearing the request on the basis that the request is not based on new facts and circumstances with that with that said, i want to provide two clarifications the request for clarification in his rehearing the request but first is that the appellants ask to the public works and department of health clarify two conditions in the permit the department of health is also in attendance at the hearing the first condition the platelet e meddle wants the mechanism for taking radio frequency measurement from the public to the intent of this condition if requested extra net should packing take reading within the residents and that is a mechanism in the unique for achieving results there is conditions the appellant wants clarification if extra net it responsible for paying one and ti dollars to the Public Health department for the intent that the Public Health should be paid for theyre just like 6 to review and determination this application could comply with the Public Health in earlier 25 this fee is authorized in public works code section 1527. The appellant asks that public works and Public Health department should explain what the radio frequency theyll make during the term of the permit so the radio frequency mentioned after the approval of the permit the first is after the installation of wireless facility and the second from the permit holder requests the rule of the permit 10 years and eligible for an additional one year term and what this basically looks like the First Reading within thirty Business Days of installation facility the permit holder musculomust file a statement registered engineer that the facility will comply with the Public Health department standard and also those 4 for the rule have statements that comply if we find the application or the permit didnt meet the 3 requirements or well issue the applicant the permit holder niece e fees and revoke the permit if it is not complied they request a monitoring if dpw and they can contact myself and we dont have it available it is to be done by engineers with calibrated equipment ill be happy to answer any questions you may have. You went through all 3 clarifications. Pardon me. Did you run through all 3 clarifications. The question the mechanism involved so if someone has a property next time to extra net and want the rh1 conditions met. We put them into contact with the permit holder they contact the company they hired to provide the radio frequency study and do that email or through phone calls i dont hear back under the permit holder i followup to make sure that is made. Thats the first question and the 10 year permit is that standard for all department of health stuff. Yeah. So like i mean give me another idea massage parlors are those ten years as well. Perhaps you want to ask dpw dph. The question is that a Standard Practice to issue and 10 year permit from the department of health. Im Principle Program manager and we have the responsibility of for massage prom we have a case coming before you. Im sure you do do massage to answer your question their annual permits that get renewed annually and the Health Department has a role to play the article 25 gives a role to play but the permit is a dph not a public permit. I heard 10 years i didnt think that a standard permit for anything is 10 years is there a representative if from filipino is there a dpw permit you guys give for 10 years. Public works in terms of the permits for renewal their traditional annual but for us the 25 wireless permit is standard 10 years other permits that may have longer durations are a project like a street light Improvement Project for permanent improvement of the sidewalks or roadways but in terms of the situation encroachment permit that be occupying public rightofway dont have a time their longer durations either removed or revoked. Thank you thats an article 25. Exactly. Thank you any Public Comment on this item . I see no Public Comment. Commissioners. If i may a briefly thats a state law requirement for antennas. Commissioners, the matter is submitted. Im sympathetic to mr. Kemp but not heard any new fog that represents manifest injustice. I concur the bar for manifest injustice is high the items that mr. Kemp has noted in the rehearing the request have all been thoroughly vetted to this process so i would agree with commissioner Vice President fung. Care to make a motion. Move to deny the rehearing no new information has been appropriated and manifest injustice has not been dreementd. Thank you on that motion from the Vice President then to deny the request commissioner lazarus commissioner president honda commissioner wilson commissioner swig that motion carries with a vote of 5 to zero. Item 5 withdrawn and call item 6 raintree 2051 3rd street, llc versus public works of urban forestry the the subject property on third street street with the denial of 2016 a of a tree removal and a denial for removal of 3 street trees start with the appellant 7 minutes to present. Good evening and welcome. Good evening thank you, commissioners appreciate how time this evening on this issue we are naomis a rick with raintree 2051 3rd street were the sponsors the project on raintree 2051 3rd street which is a through lot on third street and illinois the project was approved in 2014 and under construction 2, 3, 42014 we came before you for an appeal of the application to remove and replace 3 eucalyptus trees dpw supported it appealed by the neighbors we requested removal and replacement of street trees on those frontages that dpw supported the board uphold the 20162017 order allowing us to remorseful them but for 48 inch box the eucalyptus are not the subject of this hearing, however, the process weve become warn of the conflict in light sidewalks along the frontages that effect our ability to plant the number of trees that was approved this information couldnt have been common it requires feedback from multiple agencies not occurs until the review stage the conflicts uncoasted is a large at at duck a fire main and junction boxes and the port has jurisdiction along illinois street didnt allow utility expansions we work closely with puc and agreed because of the modifications and to return to the misdemeanor the Tree Planting we submitted a new removal application to dpw they denied and weve appealed we worked with dpw and puc to identify to options for Tree Replacement along illinois and third street and asking you to approve that under appeal to allow for the implementation of those two options since the filing of the brief in october additional conflicts with puc and waterline they didnt support the root barriers and above grade barriers so we presented Many Solutions it is worth noting and dpw did in its belief it is common for briefs to not plant the trees often do to utilize clfltsz we evident up agreeing on two final options as shown in the projector and we believe both are viable final Solutions Notice they showed a proposed Tree Plantings as well as several known utility conflicts which i do have a larger copy if necessary but several conflicts along third street and illinois and i can get into more detail on those it is worth noting both options would assume were responsible for my in lui fees associated with trees we cant plant so first in opposition one our solution at the illinois frontage is the same under both options as a result of transformer and splice box that constrains the footage we ask one tree to be removed well plant 4, 408 inch box and 60 inch box along the frontage as well as a planter strip which will otherwise not be required if we can accommodate those 60 inch box trees that are deemed near specimen trees theyre provided a nice pedestrian street along illinois the tree removal along third street frontage has not been one of public controversy and it is calculated as that relates to utilities on third street are federal, state, and local in opposition one a partial relocation of a waterline that runs the length of the property in order to accommodate a clear area from my waterlines that puc requires this will allow is to plant a total of two new 24 inch box trees along third street it is not vetted by puc or other effected utilities but we feel there is genuine support to explore this requires other puc were not sure we can accommodate this but in ongoing discussions with puc and other utility providers in opposition two if one is not achieveable well plant the strips along the west side this option provides so the two existing trees to the north will remain and this option provide a landscape buffer for pedestrians within the sidewalk and third street could sure traffic buffers experienced by pedestrians one of the front doors were very interested in making sure as longterm owners this is a nice frontage for the property 2, 3, 4 conclusions were awaiting feedback from the utility provider we have enough information to approve those options key points to consider are first both the options are supported by puc and second we as a developers are committed to planting the maximum number of trees feasible and rain trees at dpw and pucs discretion we respectfully request the board of appeals amend the permit to allow for those two other peoples money as a final noted we request due to the construction schedule that moving forward dpw and puc be given jurisdiction on that matter we anticipate this work will need to be approved over the next 45 days and appreciate the maximum flexibility with respect to the jurisdiction thank you. I have a question sir, i mentioned longterm ownership are you planning on holding. This is a rental well own in perpetuity. In terms of the difference the two trees to the south i guess versus option duo two is that the change that the size of boxes and species in terms of this root bulb is changed. In terms of could there be more of the species no in my xraerns the answer a new i can let chris opine weve not studied with respect to the species the species has been out laid as a box but i do believe that a change in the break downs species will change the count along this frontage. Thank you mr. Buck. Good evening mr. Buck. Good evening chris buck with uttering public works ill followup the appellants presentation ive got some photos of the site just to refresher everyone memories can i have the overhead . The original subject would be two red iron eucalyptus trees theyre significant trees that are trees on private property one 10 feet of public rightofway and this is the focus of the appeal and the concern among the immediate neighbors on the illinois frontage the original approval from the board was to approve them on the condition of the project eventually all approvals on the condition that the replacement trees be 48 or 60 inch box size container to be determined by public works so the issue along illinois there are room for 4 trees not 5 thats a change in the permit the total count was not a true focus of the appeal but that is certainly in our permit thats something we wanted to bring to your attention the third street frontage heres a brown photo of the subject trees we number them with the flow of traffic tree 1, 2, 3, 4 those are approved for removal without protest were you not subject to the appeal that evening theres one tree is too close those liquid amber trees are planted too close together and a fourth tree the removal replacement of 4 no room to plant 4 spatial because of underground utilities the current site looks like this and as you can see that the two existing trees are preserved the goal to preserve two planting sites at least two trees along the third street frontage just a back up a little bit the applicant appellant in this case has been in touch with our department from day one at the first sign of controvertible that was not a regular line under the sidewalk but the main is under this narrow sidewalk they brought if to our attention 4 trees replanting on third street down to two those are in question the puc said no, we cant have those that close to our water main even though those two existing trees are that close as well as a brand new project one block away a water main i dont know that never came to our attention ill say in this case the appellant has been in contact with us every step of the way a very real possibility that the puc may allow them to locate the water main in the roadway so two trees can be planted along the third street frontage thats our preference other the puc bans the number of tieins and wouldnt be necessarily based on preserving the tree sites but a preference of the imp as well based on the number of times so we have the item before you is a change in the total number of trees that will be planted but also on the third street frontage there really is no way to get a 48 inch box sized tree based on currently conditions that is realistic to try to fit 24 inch trees along third street at this point, id like to is that we all projects Development Projects are subject to in lui fees at the end of the project separate from my removal our code requires 11 trees to be planted every tree cant be planted an in lui fee of fees abnormality of separate tree process at the moment the plan was as approved to plant 9 trees it is looking closer to replacement or total number of trees to be 4 on illinois, two exist on third street and plus two more a total of 8 trees short 3 trees well assess the in lui fees the key reason to be before you the board placed conditions on the permit about 48 and 60 inch box trees and also the number of trees replacement trees wasnt the subject of the hearing but the change before the public and for those two reasons you know we feel the appellant we can only discuss this to come back before you and bring to your attention and see what we can do to problem solve that i like the flexibility i think there is still going to be more theres a lot of moving parts to determine illinois there is a commitment to plant 60 inch box trees in the last day or two you know maybe we could move it and get a 5 tree but installer like a 36 or whatever i like to say one option we dont typical ask for a jurisdiction but theres a lot of moving parts this particular project sponsor is looking at the possibility and not coming before us and saying oh, by the way, there are problems so looking for flexibility and looking to you to talk through some of the facility issues. Question can you touch on the project sponsor mentioned planters and yes both the Property Owner project sponsor and the puc asked about the initial ask above ground and puc feels we dont want to allow trees above ground they pop out but sometimes because the ongoing drought despite. What drought. The long term drought prognoses for california remains. Yeah. What drought. The puck the puc is requiring water that is what they require above ground for the life the tree were not supportive of above ground planters one idea along third street and that is to require above ground there is no parking on i will all that will be i mean, the chase center going up across the street will be a heavily traveled walkway i believe if when the center is completed and thats true there are considerations regarding the nature and how much landscaping will fm fit into this space based on the anticipated going out but certainly along illinois this is opportunities to require landscaping we say if you cant plant the 11 trees or whatever you can plant 75 feet of Square Footage of landscaping and make up for the loss of tree in lui of the assessment fees those are some of the considerations we are talking about. Thank you, mr. Buck you can you answer the same question. The species along third street is not an issue that is more can that waterline be relocated to allow for my trees to get back into third street wed like to see two trees is an third street if so waterline it move forward 37 inch box trees can be moved if not well be require landscaping along third street to changing the species wont impact the number of trees available to be planted. Two additional points one is an opinion im not highly supportive option two in terms of the process the building inspection and Fire Department stayed the demolition of building waiting for permits weve had that issue come up a number of times now perhaps we should do the same thing excuse me our department should do the same thing so the Decision Making can be more comprehensive. It is challenging to carve out and sure that adequate space you know can be provided for replacement trees it certainly more acute when someone been before you the board most projects have no trees to begin with no kind of you know immediate neighbors focused on the number of trees proposed it is something that we there have been improvements over the years used to be revolved at the end of the project and new planning requires folks to come up first, we review the plans in advance and can provide feedback at the start of their process so if there was a removal and that is contentious we are getting more involved to the front now a requirement that planning dbi will not precede until more the tree questions have been discussed optimally with the tree permit not required just a few years ago that can be done at the end of the project with the full approval is granted and now holding up the project not wanting to talk about the project until the tree issue is resolved even with the number of trees we try to review that i see your point i agree we dont want to be up here we want everyone to be able to commit to planting what theyve committed to planting and looking way to try to make sure that happens with more regularity for landscaping. Youre in agreement with the project sponsor on allowing the flexibility in terms of the two options. Yes. Our preference certainly to have 2 new street trees planned on third street it is a busy road i think the tenant in the break downs building deserve street trees was on a conference call. Im sure theyll appreciate the screening. Exactly a busy street sow we are that part of the you know advocates to say to the puc what can be done . The been to the board of appeals were not involved unnecessarily and need in information in terms of the illinois street you know losing one tree will have four trees 48 are 60 inch box trees this is a good compensation for the loss of two those two trees public works approved and didnt believe they were going to be an asset to the site a native oak their from the trees will or that will be Long Term Assets another determination why were not saying uphold every single condition on this permit but certainly will make sure that as many trees that can be planted will be planted and as large of size as possible i dont know if he get to the point we know there is room until all the utilities and jurisdictions have vetted the case. I know this case i dont know it was you or carla. Carla led from staffs recommendation and certainly strong sentiment about the lose. A quite a few of the numbers of the public it spoke that night. Thank you, thank you. Thank you any Public Comment on this item . Okay. Seeing none then mr. Price anything further to say you have a few minutes. Oh, yes, a couple of quick comments just initially like to reiterate there have been countless hours spent on this issue by myself and our Consultant Team and the bureaucracy of urban forestry and puc more recently and there is an intent on behalf of all parties to do the right thing here and more hours we get to insure that all the departments needs are met weve appreciate very much the time your time and the time that chris and his team put into this issue and we ask that the board approve the modification for the deny and approve into options one and two which will include the one removal of one tree an ill i will and on the third street venue and want to reiterate what chris mentioned as far as jurisdiction i realize that may not be a common request but nicole where construction is often a day to day activity and your you have to remain nimble and constantly uncover issues this is one issue when you open up the sidewalks their undoubtedly be a condition were not aware of for that reason want to reiterate our deserve to have the jurisdiction fall under dpw Going Forward to we could quickly react to any new conditions thank you, again. Thank you. Mr. Buck anything further. No additional feedback just available for questions. Thank you. Commissioners, the matter is submitted. Im sorry, i remember this case we have a lot of members that felt strongly hence, the reason for a 48 and 60 inch box at the same time as my Vice President has mentioned we had developers that came to us and intentionally came in at the last minute saying were not putting in trees on 9 and Mission Going on over the briefs and hearing the testimony from the department leads me to commend the developer an working with the department as soon as they found out a potential issue so i personally dont have a problem letting them to change and let the department because the trees are in the departments best interest not sure how the commissioners feel about our control to the department. I dont know exactly what that means if we approve the permit with the two options it seems to me that is giving them the flexibility to work out what they need to. Were conditioning the permit if it didnt fall within the permit theyll have to come before the board theyre asking for the department to have im not sure i want to relinquish that much but whether the Department Finds some in lui determines of strip larpd of some type of to replace it a general Public Comment first before we start my projects we usually make sure there is a certain know what the utilities are and as part of the initial design you know where your utilities are so thats not always something i buy hazard to be analyzed, however, were in a situation with remedial force can we find a solution to this. I will reiterate that i dont care for option two. Im prepared to allow the department then to extract what we can out of this. My further comment. It was very refreshing to. And the developer. To hear that both the developer and the Department Still working closely together proactive proactively initiative and the proactive with regards to the future considerations of what might happen and didnt we dont get that very often so my compliments as well to both working together i have no problem with the recommendations before us. You have a motion youd like to put forward. Would you like to try. Ill try. Im going to need you to and we would uphold the denial grant the appeal and overturn the denial. Make a motion to grant the appeal and condition the permit on the implementation of one or two options as presented by the appellant and the department. That would not achieve the request that there be flexibility in case neither of the options workout so one option for you to consider that you continue this case to let that play out and then bring it back quickly from the board would like certainly bring it back quickly and or perhaps a way to craft the motion to have the discretion to make changes to public works. I dont know how my ill see what my fellow commissioners have to say ill not have a problem to grant the discretion to the department if necessary other changes. I have no problem. There is. Yeah. For the same objectives so okay okay. Okay . Lucky permit holder be able to capture that madam director. Only option two not a copy that have in our records i assume option one is exhibit a to your brief. You want to step forward one or two neither options were in the brief there was changes when the brief was submitted to i i have copies of both option one and two and i can hand over right now if you want that for the record. We need that in the file part of motion im understanding that the motion will be to grant the appeal and overturn the department and issue the permit on the condition that either option one or two be adopted as the planting plan i assume in that order and maybe not i mean, if theres discretion. I think discretion is fine. And then if neither of those options if you shared if other conditions arises and necessity other discretions this will be the discretion of the department. Thats correct. And the basis for that. On the basis that the plans will meet the desired objectives of both parties will it work. laughter . The plan. Yes. Okay. On that motion then. If i can add a little bit. I dont know. Proposed that we dont leave is to open the determination of opposition is at the direction of department accept the direction of the department. That goes without saying didnt it theyll not get their permits. But there is. Okay. Do you want to take out to say that the tack out the reference to the options and. No, im saying do the two options the final determination and those occurred with the acceptance. To clearly state it. Okay. I was thinking theyre getting cart blafrn. They may windup negotiating something else. With that amendment accepted by the motion maker on that motion commissioner Vice President fung commissioner president honda commissioner wilson and commissioner swig that motion carries and those two options have been submitted moving on to item 7 appeal bonforte and leung investments on divisadero street appealing the issuance of 2015 of a letter of determination regarding whether a professional serves as defined in the planning code section is a permitted use in the existing ground floor commercial space in the subject building. Good evening and welcome. Im the owner thank you guys for hearing our appeal im here to appeal reheard a letter of determination we received from the Planning Department i believe that there is a fundamental error in interpretation in the planning code id like to request that the board remove the conditional use for my company give you a little bit of background were a Design Studio in 2009, we began and we dont logo and draft designs in 2010, i was hiring my first employee before i did i rented a space at the Current Location at divisadero street and the employees walk or bike to work in the break downs neighborhood par 2348d we decided to expand to the neighboring space take over the entirety felt ground floor when the tenants left we had our plans approved by the city and started construction planning reviewed the plans well talk about that im sure in january of 2016 we actually became aware of a complaint that was made to planning we reached out to start a dialogue in 2016 we received a notice of enforcement that is the dated of construction project waltz completed that this permit was closed since we received the notice of enforcement we work closely so resolve that our experience Work Together the planting has been great theyve only been professional and curious in my interactions the two allegations that came up in the notice of enforcement i wanted to talk about 24 it came up in the break downs brief there are two one we again offer the services to the public and the second was that planning didnt review our change of use or approve our change of use in the Planning Department brief this came up again, im surprised we went through that with the Planning Department we were working with the notice of enforcement our architect is a here and she can speak to this if you have questions about the permit approval process and the permits sorry those issues in the notice of enforcement were resolved this can i have the overhead . This is actually an email i received or sorry i sent after we met with them and highlighted here sir, you have a lot of time go ahead and read that i cant. I highlighted departments the part we met with the enforcement and basically, it sounded like you guys have no questions about the review process we that was listed in the notice of enforcement but sounds like it was not resolved if it is this case the response from planning was actually this. Can you bring over the mike, we, hear. Sorry about that thank you for followup we will have a responded by wednesday morning followed by this email we find in in lui the actions the department thinks the best action to file a conditional use authorization application to legalize the space you occupy to business or professional services this is required per planning code well pub talk about that code in a bit as far as were concerned we went forward with the conditional use authorization it was based on the planning code and not actually nothing in the n o e and not bans those issues in the review of the change of use plan so when we started the conditional use process i had meetings with different staff and planning i got different interpretations of the planning code at this time and i think was at one point it was a land use i requested a lexy want to walk you through the code we went through the letter of determination this is actually, the Planning Departments brief can i have the overhead . Im sorry as you can see were actually permitted use 746 professional services is a professional use on the first floor the Planning Department said, yes that is true but theres additional requirements in 746, one through b weve got the ground floor commercial a table called which ill jump to that has includes additional requirements the first part i want to point out is an ability b it lists the areas that that employs to not to divisadero street where we are loejd located we point out that the Planning Department says thats an omission theyll update but that table one 45. 4 that listed the permit use were actually were not im sorry Business Professional Services is not listed there and in that omission the Planning Department has said were therefore required to do a conditional use hearing my point i have a couple of points ill assume 0 well have a conditional use requirement but from the beginning this is not an question of code for me this is actually what we did when we reviewed the code and very clear were a permit use although no one is here your time is up. Finish that thought. Weve gone through planning theyve reviewed the plans and we will will expect them to bring this up and earlier we were reviewed the code didnt seem like the interpretation of the code is logical and not match up with the what the code actually says i think that is very clear so we would like to have the board review the letter and as that pertains to my company or our use. Okay. Thank you all have time on rebuttal thank you. Is your construction finished. It is been finished for a year plus now. Thank you. Is there anyone here on behalf of the the subject property Property Owner if not. Thank you Scott Sanchez Planning Department. The the subject property on the draft eirs commercial Zoning District previously within at the mc2 a generic Zoning District and would have been that way since the creation in the 80s in 2012 supervisor initiated the legislation to create this is as a neighborhood commercial district we have in north beach and noah valley and parts of castro and with specific controls unique to draft eirs drifrts the initial legislation that was put forward by then supervisor president breed didnt have the requirement for the ground floor commercial use but through the process commissioner london breed was for the record informed of that and requested that be added to the planning code thats why it is added it does i know can be confusing because there was a contradiction in the code language in the table is listed in the section it says required ground floor commercial thats because the neighborhood commercial district is a bit broadly this applies to parcels on divisadero that dont front on divisadero thats why not a seed throughout a specifically control for the street it is correct that there is an omission not included in the applicable streets in one 45 point the legislation that is moving forward with the board of supervisors that is very clear from the record it was the intent i think from the table this control applies so that was the basis of letter of determination whether or not this requirement applies to tell you the truth we believe it does the record is clear the legislative record is clear thats the supervisors intent and thats how it shall be carried forward now a separate issue with the individual use here we first received the complaint about this change of use in the beginning of last year there was a pit stop on the corner and a complaint came in this changed without a permit and weve been seeing a lot of conversions to tech office and i think that was one of the initial concerns working through is trying to learn brown more about the business within the Service Category or General Office we looked at there were recommendations made theyve obtained permit Building Applications we reviewed that and we have concerns because it appears when staff had reviewed that and bans our records what we input we create a record at the office and put in there it is listed as an Office Remodel that was a storefront improvement and no change of use was not our staffer looked at the and approved that after that time i dont know it was clarified and initially dated after the approval for the initiative that was changed from retail to office which that was not i believe reviewed by our department this has been raised that the appellant in the break downs past and not provide that answer we dont believe that properly authors the change of use that is a cf c last february after the complaint was created but before we got to throw the investigation on the use and the appellant has been responsive we appreciate that after being made aware the visitation had offsite visit with the staff and learn the business and filed the conditional use application and shortly after filed the letter of determination request and now before you they dispute the fact that it is required to go to the conditional use process those are the main points i wanted to address you know we appreciate the sponsor has been responsive and look forward to moving through the process undergo the Commission Hearing it is being required because if so not a professional service is not listed on the table of the uses that are active uses this is to a conditional use process in the section and that the application they applied for we ask you uphold the letter of determination and then theyll continue with the process to legalize the use im available to answer any questions. Ive got a question and bingo the first. Can i second. I apologize you said the First Construction as you look at the statute; right . You said that it was not listed ; right . So it is listed in the table for the divisadero commercial district it states it ground floor commercial uses are required and crossreferences Additional Information and details. Or the but, but clear in the break downs planning code and the tables for the district it ground floor uses ground floor commercial uses are required. Where is it listed. It is listed in specific districts should be cross referenced in there but omited clear the intention of the board of supervisors this requirement apply and clear from the table this requirement applies from the use table that that district it applies. And the amount gut should be construed against and approving or disapproving. Construed in the intent of board of supervisors when they passed this legislation. It was clear had they intended that that implicit applies. It is usually something that was omitted not presumed it applies; right . In this case not omitted from the use tables this is requir required. Batter up. So just to put it in simple language i think i drove by the corner i drive by that corner a lot and familiar with the neighborhood and ive seen the neighborhood over 65 years of my life go from all sorts of directions and now it is probably the best its a been in a long, long time and it would seem im asking you for your interpretation of my view is that it was the intent of the board of supervisors to really make sure that retail was placed in every storefront along that street because retail would serve the neighborhood the immediate neighborhood and retail would provide vibrancy and street traffic all the good things that bring special dynamic to a neighborhood is that correct . Absolutely at the beginning of every table they kind of give a brief synopsis of the intent and promoting continuous business. On face value given that point of view we see commonly you dont want any business or nonretail at all anymore on that street it is that they may be allowed with going to the conditional use process and if they can demonstrate theyll not have an adversely impact on the retail frontage i mean it would be cases existing nonconforming building that may not be well suit for retail uses this is an exception process youre right the goal to insure and prompt and protect a vibrant ground floor. With all due respect you respect the appellant and very much respected the Small Business and youve built the business so successfully that is a pretty important corner to you know to the retail vibrancy and the whole spirit if it was a mid block and a 15 or 20 foot you know space that was kind of low key thats a hefty corner that really goes flies in face of retail notriticing but supportive of our situation at the same time, we have a loss you know so what makes me in if point of view that business from my point of view should grow a conditional use shouldnt have been allowed in the break downs first place can i ask how this man a Small Business owner built it from scratch doing well, im assuming and now has built this building out and probably done it nicely how did it get so far. I mean what and i mean, why wasnt is stopped in the first place. Our staff reviewed did permit the permit or the description was not listed as a chance of use from retail to office it was listed as a remodel of an existing office use it was clear from retail how you can put that on plans an Office Remodel no history there would be much confusion and if if was corrected unfortunately corrected from we we can tell after staff had approved that that and clear from the plan that we have a copy in the break downs brief that they crossed off the description and changed the description and dated post approval from the Planning Department. Is one to assume that again i dont want to invoke the appellant but you know take a hard view and softer view two choice a choice of misinformation the appellant was illinformed by someone that was okay to build there or did the appellant say oh, it was meant for retail but it is a thats where i want to put my business ill take my changes. I dont know, well have to ask the appellant kind of how their went through the thought process and again, the architect is here may have more to add it completely could be unrelated i nodded in the break downs brief this building has a history of violations for shortterm rentals going back to 2012 at one point filed a conditional use authorization to legalize well recommend disapproval they came into compliance in preparation for the hearing last week he staffed our enforcement staff could take into account this and make sure theyre not out of compliance theyll actually out of compliance and doing shortterm rentals thats again, the Business Owner. Are they intertwined. No, but i dont know if the appellant got information from the Property Owner there is certainly we have an issue an ongoing issue with the building at large that it is quite concerning. Is that possible was misinformed by a Property Owner that didnt care about upholding the rules. I have a question when you talk about legislation and you know this brief was kind of hard to go through i didnt get it i wrote notes and didnt understand there is Public Health fingers but everyone is being nice youre a a, in fact, and buckled i think that bobby hit the nail on the head is that the equity or you know when was that addressed london breeds legislation come through and the actual law on the books that. It was effective in 2012 and a multi year planning process i think we had our hearing on that when supervisor was in office and in 2013 and didnt complete the board review until the end of 2014 which is when became effective. Im on the old block my old office on divisadero i believe there is a lot of change metropolitan and car washes going to be gone a lot of retail on that block make sure; right . Two questions when was the emission noted. So the Planning Department reviewed the permit on i think may 22 is the day we approved that and about four or five days later nodded on the plan the project description was changed from what we can tell not brought back for review no record reviewed after that description was changed. Actually, i miss stated my question i apologize not your fault the omission that of street in the relevant planning code section. You believe that was uncovered as part of 24 process. So that was i mean, if you a neighborhood planner and you look at here and say has a ground floor use that is clear it is less critical on a separate section that concludes many under and i euphony. Moved to the board of supervisors to get it part of a much larger piece of changes to the neighborhood commercial district but it would modify with that. And my other question is the appellant allowed to continue users it in that fashion until the matters are resolved. Thats our standard policy theyve been doing so you mention penalties have not been accruing through exhausting this process period of when we filed their application last may theyll complete that process would have been done by now but, yes and okay. Thank you. Sorry to. Ive got a question and go ahead. The what is michaels pit stop. That was a liquor Grocery Store a general retail formula or retail use. The planning code their tables establishes different information in different parts what you indicated was clear its been a building standard portion whereas the zoning portion didnt have my of the information is there a reason for this. There is the controls apply to narrowly to those properties that front in the divisadero but the divisadero commercial district the table applies is broader some portions the divisadero mtc the required ground floor portion will not apply and a use per the table. I understand that but the fact is that you indicate ground floor needs to be commercial there are awnings. I understand weve highlighted this to the board of supervisors it has you know been represented as angle issue in other cases that is more straightforward to regulate the use itself but given they want to treat it more in a refined fashion it is an excellent point to better tie together the codes but not heard anything in the project sponsor, please. Or the appellant theyre saying this is this shouldnt apply to them this issue here theyve not said how they relied or given information based on what was in the table based on that ive heard. Thank you that was my question and thank you commissioner Vice President fung the question is as commissioner Vice President fung pointed out enforcement from planning is being enforce on a Building Code not on a planning code. This is a planning code requirement it is called under the building standard. Okay. Because a i didnt understand that. It is a planning code requirement. Okay. Thank you. Okay. Thank you. Any Public Comment on this item . I think are you architect maam. Youll need to speak in the break downs rebuttal opportunity my Public Comment if not well have rebuttal and however you want to use your 3 minutes. You have 3 minutes use your times or relinquish part of your time to the architect. Hi, im the project architect for the project so i want to touch on two things can you hand me the table i actually building hes in onramps i understand the planning code has you know become concerned with not being able to clear with the Tech Industry companies the people can walk if and get designs and christmas are cards a car wrap or anything so christmas cards i mean a number of things 746 says professional services are permit in the break downs divisadero mtc only runs from haight street to 0farrell on the top too this is professional services is clearly listed as being defined sorry can i have the overhead . When you go the table this is a section that says sales and services and retail not professional services when you take the section of the code and the existence what 790 says a commercial use that provides good and or services directly to the consumer my provide services to t to the general Public Comment ill paraphrase Light Manufacturing or wholesale for Administrative Services this is a graphic not Light Industrial so i still feel and building that his use is fully in conform and about the documents we started the permit process on may 12, 2015, we opened the permit and went to the planning counter and met with a planner im sorry i dont know who it was they wanted more details of elevation to show demolition and the construction of changes to the windows and pulled up the use it is on there and my cover page says right on that it says office model sorry overhead it says Office Remodel that can be confusing it says it over here too when you look out the page by page on the floor plans we converted the market space and later when we contact by the planner that was stamped on may 22nd of 2015 the again having the planner looking and siege were removing the pit stop signs it the implications were not making clear to expand into the corner space is a misleading a note about a in the permit process so and change the use has been cried i dont say that it is open to a general Public Comment from a liquor store i believe theyre in the same category under the planning code i dont consider that a change of use but the Fire Department asked us to change during the fire review of the year or f to a b or m to a b not correct but not in the planning code in any way. Thank you Zoning Administrator. The sure. Approving or disapproving come to the podium. How many people a week from the general Public Comment walk into our place asking for christmas cards or my retail use please. We are its per week were similar to an architect that is defined under businesses and professional services thats what i wanted to point out not a stream of people trying to make your place a retail. No, but we have gotten neighborhood business morris has taken over that corner and working with the Neighborhood Association to logo and working with folks to redo the website they walked in and asked us. The representation of the Business Owner with regard to the use of space with Business Owner give you my information related to any deterrent that might have deterred you from operating into the space tell me the satiations six. We predated the Building Owner we were there originally with permitted use for our space 295 on the corner and whether michael the owners were they were leaving we were working to expand we approached them a asked them about the space and relied on the architect we did preliminary work and in compliance our full intention to be compliant and if someone said time out we would have stopped and we would have looked at the use and our plans. Thank you. Thank you. Anyone else have my questions. You were prepared at one point to start the process and then why did you stop. We it wasnt clear if we could precede when we met with staff with the conditional use hearing someone met with staff it was a land use on or about and couldnt do a hearing we didnt say an answer on the code itself thats why we did did letter of determination. Im not sure i understand all conditional use are man use issues. I cant speak to that. laughter . All right. I had a question for the Zoning Administrator i think you know the breakdown of the usage. He has rebuttal. I completely forgot Scott Sanchez Planning Department maybe just a few items on rebuttal can i have the overhead, please . This is the zoning map of divisadero mtc so theres the main spine of the divisadero but it branches off like fallon oak a bit deeper there are frontages not subject to this requirement then in regards to the Building Application im looking at the demolition i dont see my notions and it says the architect noticed a remodel just to be clear i think when was presented to our department it is a chance of use thats why we have a planning code and the builders understand we have a refined set of extinctions and this is a change of use from a retail use and the argument i understand that the architect has put forward about that general retail category that is for uses which are not otherwise defined such as as this a business and professional service the line of argument that the architect has one that was put forward with the formula retail use there is similar language in the formula retail use provisions that has references that catch up all categories this board found that if didnt include all that are listed under the sun this was not the boards intent to include the professional services here in regards to the confusion thought maybe about the use initially one the concerns and questions we had is that a professional and business use are a General Office use i think as demonstrated from the email from staff we advised them to file the conditional use authorization they can move forward with that think of that probably met the minimum standards for the business and professional services recommended the used to be to us but have the conditional use process and by the Planning Department whether or not they felt that was what proper use for in location maybe thats part of confusion but in the letter of determination they didnt seek and letter of determination of who the use was a business and professional service use bans a letter of determination about who a business and professional service use been permitted or conditionally be permitted based on this required active commercial use requirement so im available to answer any questions. Yes. One minute. Take a break for a second if i need to. Okay. I forgot to ask if my of the public so i have a question mr. Sanchez just looking at the briefs i didnt see really the highlighted portion of plan but coming to the current and theyre doing a remodel and it says mikes and joes liquor store it shows a liquor store in comparison didnt that raise a flag for a planner. They didnt. Oh. It shows this liquor store. No motion on the plans that was listed as an Office Remodel it is i mean a fair point there is a photo. Well, thats what im getting at a liquor store and says mikes liquor store and as built reflects a liquor store rather than a professional business and professional services. It is shown on the as lists conditions no reference to retail of new kind. I agree a picture shows a thousand words. The planner was relying on what was written. There is a valeted argument why the Planning Department planning code should rely on what was submitted and ask for questions and never approve anything overthecounter it was a high volume and can be at times working at the countered and this is imperative the project sponsor provide clear and accurate fox we can touch when prepare catch when people are representing not accurate that was approved as an office model. Mr. Sanchez this was an overthecounter permit. Yes. Okay is this similar to the supply store the issue one it was a Mission District where dave wanted to put a childs Educations Program in a storefront retail and was not allowed its not allowed and put the Pirate Supply store in the front and the kids education in the back. Thats what all the pictures of the tools. Theres been cases where the requirement calls for the first 25 feet to be active use so proposed to have a nonuse that dont comply at the back and the code allows that. So my point is this is really i think this is very important to point out it is. Do you have a question. Okay. Whats the question because go ahead ill wait for a conversation. Go ahead, please. Im not go ahead. Does the fact that they were there predivisadero change from a mtc have my impact on the permit in the sense there expanding into another space but they already had quite a bit of space. Their subject to the current controls. Ill wait for deliberation. Deliberate. Thank you commissioners, the matter is submitted. And again, just a reminder a letter of determination not the permit. This is about a letter of determination. So let me continue i think that is really im tremendously sympathetic to someone starting a Small Business and trermgs sympathetic to someone who is successful and sympathetic to someone that spent money building out a space and then gets a big surprise, however, i think that is incumbent on the board to be responsible to the legislation that is there and responsible to the spirit of that legislation which demands to retain the retail character of those specific areas if we are easy he agree with nevertheless, i say take the side of da on this and if we are overly sympathetic id like to be it then i think we undermine the spirit of the legislation in place and we should require that that it go to planning for a change of use an appropriate change of use request so i kind of in the deny the appeal mode. Either and as is director mentions this is a letter of determination an l l d the question whether everything in his rational were in agreement with you know, i think if you look at what bodies have done this post rationaltion it is clear right away so if i look at the 3 pertinent portions the planning code forms the decision the two more critical was dealing with zoning allows business and professional uses the one portion that deals with building standards didnt allow and so if i was to look at it in light of this i dont see intent and if they want to change it they should change it but in terms of what the code sections says not clear in my mind to anyone on the public and by the way, the architect your definition of land use are not with the planning code says so i think that is pretty well defined so but in terms of the whether i agree with the l l d i dont as. As i stated before or during we see a lot of briefs it is ill material to go through this was difficult not that it was lengthy or long brief just as my fellow commissioners said that was unclear which way it was to fall on and to have it on intent only i think that harm to the public as stated if thats the intent it should be on the website and in writing tonight i could go either way but leaning on you know theres no statute that says their permitted or entitled to go to the former location even if their, their prior there was a good attempt on both parts and you know my thing a picture says a thousand words if i see a picture of a liquor store if it impacts like a duck it is a duck not a cat i think there is a gray area and is that worth to put the permit holder into that area im familiar with the neighborhood. It looks like a duck and quacks like a duck if im at the considerate and see office renovation. If you show you a fare ray and put the word pinto it is not a fearingy. You have to find the abuse of discretion and make a decision. I dont find here a abuse of discretion. Someone want to make a motion. Letter of determination be i find no error or abuse of discretion ill start with that house is that. Boom. Want to make your comments. We have a motion from commissioner swig to deny the appeal and up to date the letter of determination on the basis the Zoning Administrator didnt error or abuse his discretion. That motion commissioner Vice President fung no. Commissioner lazarus commissioner president honda no then commissioner wilson. No okay. So with the vote of 2 to 3 that that motion carries absent my further motion the letter of determination will be upheld by that proclamation of law. Ill make a motion it will probably fail im going to move to grant the appeal on the basis that the da erred and that with respect to the critical portions of the planning code which is the table 746 and the corresponding section 14. So the motion then to grant the appeal and overturn the letter of determination go on the basis the Zoning Administrator erred in the interpretation of those two okay. Interpretation of planning code table 746 and the corresponding section 145. Thats correct. On that motion by the Vice President commissioner lazarus. No commissioner president honda. Commissioner wilson no commissioner swig. No. That motion fails with a vote of 2 to 3 again baring my further motion the election is upheld by the determination of law no other motion no other theres no further business before the board adjourned. Were adjourned next San Francisco is known worldwide for its atmospheric waterfront where spectacular views are by piers and sight and sounds are xhanl changing we come to the here for exercise relax ball games entertainment, recreation market, exhilaration a wide variety of contributions easily enjoyed look up the bay the waterfront is boosting for activities boosting over 25 visitors every year the port of San Francisco manages 7 may have Million Dollars of waterfront from hyde street and Fishermans Wharf to the cargo terminals and name shoreline the architecture like pier 70 and the Ferry Building is here for the embarcadero and a National Treasure the port also supports 10 different Maritime Industries alongside with the recreational attractions making San Francisco one of the most viable working waterfronts in the world but did you think that our waterfront faces serious challenges if earthquake to damage the seawall and the embarcadero roadway rising seawalls will cause flooding at high tides and Major Repairs to a safe many of the piers the port is at a critically turnl point time to plan for the future of San Franciscos waterfront this year the port is updating its marts plan the Plan Working Group to invite a wide variety of poichdz from the city and bayview and other advisory teams to share their expertise if intense and Maritime Operations the waterfront Land Use Plan has guided the use and development of the lanes for the last 20 years major physical changes take place along the waterfront and now is the time to update the waterfront plan to continue improvements that will keep our waterfront vibrate, public and resilient the Biggest Challenges facing the waterfront are out the site an aging seawall along the embarcadero roadway and seawalls that will rise by 21 hundred to provide and productivity of tides seawall is built over weak soils and mud the next earthquake will cause it to settle several feet without the urgent repairs that will damage the promenade and other things weve been fortunate over the last hundred years less than one foot of seawall over the next hundred years Scientists Say well have 6 feet of seawall rise imagine the pier 30 32 will be floated, the embarcadero will be flooded our Transportation System is fog to be heavy impacts unfortunately, the port didnt have the Financial Resources to repair all the deteriorating piers let alone the adaptations for Sea Level Rise. It is clear that the port cant pay for the seawall reinforcement or deal with the Sea Level Rise on its own needs to raise money to take care of the properties at take care of the maintenance on the properties no way absent anti funding the issues of Sea Level Rise or the schematic conditions of seawall can be development. As studies talk about the seawall challenges the working group is look at the issues please come share our ideas about recreation, pier activities, shoreline habitat, Historic Preservation and transportation issues and viral protection. We know this planning process will not have one question and one answer we need the diversity of the opinions how people feel about San Francisco waterfront and want to hear all the opinions. The challenges call for Big Decisions now is the time to explore now and Creative Ideas to protect and preserve San Francisco waterfront. Now is the time to get involved to help to shape the future of our waterfront. We need the debate please come forward and engage in the process. This is your waterfront and this is your opportunity to get involved be part of solution help San Francisco create the waterfront we want for the future. This is really to dream big and i think about what our waterfront looked like for all san franciscans today and generations to come. Get involved with the planning process that will set the fraction for what is coming at the port. Find for in upgrading dates on the ports website. ship blowing horn in distances today is tuesday, january 24, 2017, roll call please ms. Casco. Mr. Cook mr. Haney ms. Mendozamcdonnell dr. Murase thank you ms. Norton mr. Sanchez mr. Walton ms. Ing thank you. Thank you. Please