City and County
of San Francisco

Tuesday, October 25, 2011
supervisor chiu:   good afternoon.

welcome to the san francisco board of supervisors meeting of

tuesday, October 25, 2011.

Madam Clerk, please call the roll.

>> [Roll call]

mr. President, all members are present.

Supervisor chiu:   thank you.

Ladies and gentlemen, could you join me in the pledge of allegiance?

>>

to the republic for which it

stands, one nation under God indivisible, with liberty and justice for all.

Supervisor chiu:, luke' s -- colleagues, you should have copies of the September 20 meeting minutes. Could I have a motion to approve this?

Those minutes are approved.

Are there any communications?

>> I have no communications at this time. >> could you go through our consent agenda items?

>> items one through five comprise the consent agenda and will be acted upon by a single roll call vote unless and member

of the board or public requests an item discussed separately.

Supervisor cohen:   item three.

Supervisor chiu:   on the remainder.

Supervisor mar:   aye.

Supervisor mirkarimi:   aye.

supervisor avalos:   aye.

Supervisor campos:   aye.

Supervisor chiu:   aye.

Supervisor chu:   aye.

Supervisor cohen:   aye.

Supervisor elsbernd:   aye.

Supervisor farrell:   aye.

>> there are 11 auye.S

supervisor chiu:   the ordinances

are passed, the resolution adopted.

>> item 3, changing the street

name to correct a discrepancy in dole street names and eliminate confusion in delivering public services.

supervisor chu:   in 1913, this was part of the roadway considered great highway. Signs were stolen and replaced

with incorrect labels, which is reflected in our labels. We had heard of the problem when

many of our residents were

having their mail not delivered to their homes.

we have since worked with the post office to make sure that

mail was going to the addresses even if they were incorrect.

But also make sure that the department of public safety, that there was no confusion with those agencies. We thought the problem was solved, but we continue to hear that there was continuing

confusion, people not be able to

get credit cards and other things.

So we want to make sure it is proper the great neck --

properly named great highway, so I urge your support.

Supervisor chiu:   same house, call?

Without objection, the resolution is adopted.

>> item 6, ordinance amending the administrative code to for him at limited services pregnancy centers from making false or misleading statements to the public about pregnancy

related services the center offices or performs.

On item 6 -- mar aye.

Mirkarimi aye. Wiener aye.

Avalos aye.

campos aye.

Chiu aye.

Chu aye.

Cohen aye.

Elsbernd no.

Farrell aye.

Kim aye.

there are 10 ayes, one no.

Item seven, ordinance amending the administrative code to set a

policy of community policing, and urge the police commission

and chief of police to review and as necessary many police the promise policies and procedures.

On item seven, mar aye. Mirkarimi aye.

Wiener aye. avalos aye.

Campos aye.

Chiu chu

aye .

Chiu chu aye.

Cohen aye.

Elsbernd no.

farrell aye.

Kim aye.

Item eight, ordinance

appropriating $1 million settlement funds to the department of public health for the neighborhood improvement and mitigation in the neighborhood' s

most impacted by the potrero

power plant in fiscal year 2011- 2012. Mar aye. Mirkarimi aye.

Wiener aye.

Avalos aye.

Campos aye.

Chiu aye.

Chu aye.

Cohen aye.

elsbernd aye. Farrell aye.

Kim aye.

There are 11 ayes.

Item nine, a resolution authorizing the director of public works to execute an

amendment to the emergency public work contract at the san francisco general hospital and to increase the not to exceed

amount to approximately $20.5 million.

Supervisor chiu:   can we do the same house, call?

Without objection, the resolution is adopted. >> item 10, resolution

responding to the 2010-2011 civil grand jury report entitled

"hunters point shipyard:   a shipping landscape" an aging the mayor to cause the implication

of accepted findings and recommendations through

department heads and through the developer of the annual budget.

Supervisor chiu:   without objection, the resolution is adopted. I am 11.

>> 11 is a resolution responding

to the 2010- 2011 civil grand jury report and urging the mayor to cause the implementation of accepted findings and recommendations through his department heads and through the development of the annual budget.

Supervisor chiu:   this resolution is adopted.

>> item 12, urging sanford' s is the business of the transportation agency to reconsider and abandon the

decision to shift the burden of credit card merchant charges to

the city cabdrivers -- urging

san francisco' s municipal transportation agency.

Supervisor campos:   this is a resolution that calls on the mta to reconsider its decision to

pass these fees on to taxi drivers. We heard in committee a number of individuals about the problems that have been created

as a result of this, and

ultimately, from my perspective,

it harms consumers.

From what we understand, the board of directors is in the

process of reducing that issue, and I think it is important for the board of supervisors to take

a position, so I asked respectively for your support.

>> on item 12, mar aye.

Mirkarimi aye.

Wiener no.

Avalos aye.

campos aye.

Chiu aye.

Chu no.

Cohen aye.

Elsbernd no.

Farrell no.

Kim aye.

There are seven ayes, four nos.

supervisor chiu:   the resolution is adopted. >> item 13 is from the

government ought to an oversight committee without recommendation. An ordinance amending the administrative code regarding the health care security ordinance.

Supervisor cohen:   thank you.

Colleagues, I would like to make a motion to continue this item.

supervisor chiu:   seconded by

supervisor campos. Any discussion? >> for how long?

Supervisor chiu:   two weeks or one week?

Supervisor cohen:   two weeks.

>> november 8, Mr. President. [Laughter]

Supervisor chiu:   sure, not much going on that date.

Supervisor cohen:   moved it to November 1.

Supervisor chiu:   I would also support that.

i look forward to working and

reconvening parties to finding common ground.

That being said, can we do this same house, call?

Without objection, this motion

to continue passes to November 1.

Madam Clerk, 14 and 15.

>> item 14 is an ordinance

except in irrevocable offer of public infrastructure improvements associated with the

assembly -- mission bay south blocks 41 thru 43, phase two.

Item 15 is an ordinance dedicating city property and portions of state trust parcels four and five, known as mission bay park blocked p16.

Supervisor chiu:   can we take the same house, call?

Without objection, these ordinances are passed. Why don' t we skip over our special order.

I think we all know we will be

presenting for restaurant month. Let' s go to roll call.

>> supervisor mar , you are first on a roll call for introductions.

Supervisor mar:   thank you.

I wanted to applaud the schools

and pta'

s

for their creativity and fund-raising throughout the school year. When big events happen like

fleet week or the reset outside plants or the bluegrass festival, they get even more

creative about fund raising efforts.

I wanted to say also that the fund raising is very hard, and

many of the parent/teacher

organizations -- I know firsthand how we struggle with

our fund-raising efforts in this

difficult financial times.

I wanted to of knowledge that working with the city attorney' s

office and pta leaders to hopefully craft solutions that will make it easier for hard- working parents to help their children' s schools stay afloat, and this has to do with recent

announcements about fund raising of around eight events. I just wanted to acknowledge that.

I know that we will be

acknowledging also restaurant appreciation week a little bit

later, but I did want to get a

shout out to the inner richmond district restaurant that I will be supporting, especially for

their efforts to create

healthier food for the people of the richmond district. I also wanted to make a plug

that one of the good efforts

that the three brothers do for the richmond district, so we do not have a farmer' s market in

richmond.

One important community service they provide is providing produce boxes, healthy and fresh produce boxes for people on

sunday from 10:00 to 3:00 P.M. With tremendous items in it as well.

I apologize for those that did not know about this, but

yesterday was free food day as well. Usually, it is the first monday

of the month with the chefs and others will try different types of food for sampling. I do not know of any other restaurant in the city that has

a free food monday.

the issue -- the other issue I wanted to raise -- supervisor

avalos and I will be raising the

motion we made last week in support of the occupied wall

street --

occupy wall street movement, and I wanted to reiterate that I strongly

believe in the efforts around the country, and we are doing

our best to challenge the

bailout of banks and billionaires' while our

communities face growing hunger.

i wanted to say that one of my

heroes from rage against the

machine and

audioslave was at the rally, and a number of musicians and entertainers have been there and a lot of creativity is coming out of these efforts.

it is showing strong public support, and I think the resolution will help the public understand the importance of people raising their voices in a

peaceful way not just in san francisco but in thousands of places across the country. In chinatown, coming up on

sunday, October 30, the day

before halloween, the association and many community- based groups are calling for an action from 10:00 to 3:00.

I think we are calling it "from

wall street to chinatown" and supporting people' s right to assemble and raised concerns

about the huge bailout for banks

and billionaires and support community efforts to revitalize our neighborhoods. The rest I will submit. Thank you.

Supervisor chiu:   today I will be introducing a drafting request to helps avoid companies that provide social benefits to our community.

For over a decade, social entrepreneurs around the country have been pioneering a new way

to create businesses that do well as they do good with companies that have a double or triple bottom line.

In recent years, there has been interest in establishing a new type of corporate structure,

known as benefit corporations,

as compared to the typical c corporations. They go beyond maximizing shareholder value or profits to

include stakeholder values such as environmental, social, or other community benefits. As a used to power business to

help sell -- solve social environment problems.

Two weeks ago, governor brown signed into law assembly bill

361, which creates a new class

of b corporations in california.

arce became the sixth to try these. I am drafting legislation that

would provide city conferences similar to what is being done for local businesses. To receive this, a business would have to be legally

recognized as a b corporation by the state of california. The legislation would be the

first in the state to promote

the foundation and growth of b corporations. I want to make sure they know we are open to business to them and we want to be the headquarters

for such corporations that are employing san franciscans to provide services and goods that have multiple impacts on our community. i think this is very timely

given the recent debate fueled

by public frustrations with significant corporate profits at

a time of growing economic inequalities. I think that promoted the benefit corporations is one way that we can transform all of the frustrations that I think we share into a positive force to

creating jobs in san and cisco, to foster a new way of doing

business and will be on one bottom line. The rest of my items I will submit.

Supervisor mirkarimi: colleagues, I am is submitting

an ordinance for evaluating

alternatives for providing crime lab services, including the possibility of an independent crime lab.

The legislation follows efforts of proposed more than a year ago to shift responsibility for providing services from the police department to the city

administrative just in the same ways that the medical examiner is currently looking at the city

administrator now and to study

the creation of an independent crime lab within the municipality of san francisco. As part of that ordinance, I

requested the controller to investigate further, but at the

time, the those investments had been suspended because of the

wave of scandals caused by one

lab technician, which had

induced the district attorney to dismiss more than 500 cases.

Outside auditors found that other problems having to do with

the crime lab, along with the district attorney, the public defender, and even the police department that we should at least explore the possibility of

an independent crime lab or be

able to examine the pros and cons.

Since then, a decent amount of time has passed.

Meanwhile, several other U.S. Cities and counties and states

decided to follow the national academy of sciences.

The national academy of sciences had recommended a couple of

years ago that city police department and the crime lab' s move into an independent status. Those cities are seriously

considering or have moved to an independent status of crime

labs in washington, D.C., houston, and the state of north carolina.

i continue to believe that crime lab issues require strong consideration in san francisco to make sure the integrity of our crime lab is not further

compromised here this ordinance

asks the controller to pursue this. The rest I will submit.

supervisor campos:   thank you, colleagues. I have a couple of items.

The first is a hearing request

that the hearing be held at the government audits and oversight

committee on the controller'

s city services auditors review of

the sfmta

work orders for the year 2010-2011.

As many of you know, the mta

presently spends about $60 million in the work order services provided on behalf of the mta by other city agencies,

and the controller has been

conducting a review of that process, and the review is complete. For this hearing, we will have an opportunity to hear what, if any, progress has been made with respect to work orders. When you think about it, even a

10% reduction in work orders,

that is $6 million and would be more than enough to pay for something.

20% reduction would actually pay for increased services throughout the system.

This presents a new opportunity for us to really get to having a

better understanding in terms

of a nexus between what is being

paid for and the nexus, the connection to public transportation.

the second item is a resolution

that I am introducing supporting

the regulated and safe patient

access to medical candidates. I want to thank the following

colleagues who are cosponsoring this resolution.

supervisors mar, avalos, chiu,

mirkarimi, kim, and wiener . The vast majority of

californians voted and approve proposition 215 in 1996, the compassionate use act, that

recognizes that there is a

medical use for cannabis.

San francisco has in turn

adopted a comprehensive

regulatory system to prevent and

control medical campus collectives and cooperatives.

Supervisor mirkarimi has played a key role in making that happen. What we have is an industry being regulated by the city and county of san francisco in

accordance with state law. We in california are not the only state that has recognized there are medical benefits to canada' s.

There are least 16 states in this country that are doing that.

Doing -- during the campaign for

president, President Obama repeatedly asserted that he recognized and respected the

right of states to allow for medical cannabis. Ultimately, this is an issue that is about patients' rights, the rights of patients to

access the medication that is needed peer the state' s largest association of doctors and california medical association, which represents more than

35,000 positions, has clearly

stated the need for the

recognition of medical cannabis. We have a number of associations that have made the same case, and there are also benefits in terms of job creation, which is

one of the reasons why organized labor has also taken a position to support the rights of patients to access to medication. At different times in the last couple of years, the federal government has made some

positive signs, made some positive comments about the importance of protecting state

law when it comes to the issue of patients' rights and their

access to medical cannabis.

Unfortunately, in the last few

weeks, there has been a

negative, bad turn of events

with the federal government has, unfortunately, decided not to

respect the laws that the state of california has passed.

The legislation I am introducing is legislation that follows the lead of assembly member ammiano,

senator leno, senator

ye I am calling upon the federal government to reconsider its policy and simply do with the President Indicated you would do, which is to protect the rights of states like california

to provide access to medical cannabis to california patients. This is truly about the rights

of patients, so we are asking that the federal government

comply with the principles that until recently were the principles that have been articulated by the President.

I know that sometimes the issues can be sensitive and complicated, but this is simply

about medical cannabis and the right of patients to access medication they need. I believe it is important for

us in this time for the city and county of san francisco for the board of supervisors to be clear that we do support the rights of

patients to have access to medication. With that, I ask for your support. The rest, I submit.

Supervisor avalos:   just a couple

of items for introduction.

One, at long last, the advisory committee for the balboa park

station.

The plan was approved in January 2009.

I think it was my first piece of legislation because I had

inherited from my former supervisor from district 11, and

since that time, there have been a lot of discussions about how

to proceed with land-use issues

surrounding the station, and there has been a lot of need for the community to have greater oversight along with greater entities involved around the

station including bart,

caltrans, muni, dpw.

This body will be meeting quarterly to provide input.

It will be staffed by the mta if we do approve this, and it will

be a great benefit to district 11 and people who have a stake

in bell ballpark to ensure that

we have transit that meets the

needs of riders and neighborhood residents appear willing to make sure we' re moving forward with transit that

can move the ball park out of the industrial zone.

i hope to have your support of

that if it comes to committee, colleagues.

My next piece of legislation,

the resolution, it is actually

supporting the occupy wall street protest movement and urging mayor lead to hold the people' s right to peaceful

assembly -- urging mayor lee . The timing of this could not be more important. We heard what happened in oakland and earlier today.

Police and law enforcement from

several jurisdictions have come

down around 4:30 this morning to

remove the people of the occupy

oakland set up.

They used tear gas and force.

We had two locations in san francisco where there had been

the use of force to remove

people from the plaza and separate them from their belongings.

My concern is that these confrontations travel that

happen between the -- confrontations that happened between the police and protesters only increase the

amount of uncertainty and distrust between the police and

the people who are protesting, a distressed that I think will

only get worse as we see the movement escalating, as I believe it is. We have seen a proliferation of

the demonstrations, starting

from one in wall street, now it is across the country and even across the world.

This is not something that is going to end any time soon, and

a thing that we will use force

to make it more difficult to -- difficult for the to mistresses to occur is only going to backfire.

We need to have a more supportive city and not use

force to prevent the demonstration from continuing. This resolution I am sending to

the city operations and neighborhood services committee,

which I am the chair of .

Hopefully, we can have a special meeting on monday and have it come back to the full board.

I think time is of the essence.

I am concerned that the police could be moving against the demonstrations this evening.

There needs to be concerned from the people who are demonstrating right now that that is going to happen. What it comes down to, we are

talking about people' s peaceful assembly and the right to free speech. In this case, the right to free speech and assembly seem to be one in the same period that is what the movement is about.

A demonstration to call for a

better world, one that takes

into account people over corporations and flipping the

current paradigm that we live under now.

That will be my last item for introduction.

>> thank you. Seeing no other names on the

roster, that concludes roll-call for introduction.

Supervisor chiu: thank you. Why don' t we go to general public comment? >> the next item is an opportunity for the public to address the board of items within the subject jurisdiction of the board, including items on

the adoption without reference

-- include in -- including items on the reference agenda, excluding items which have already been discussed.

Supervisor

chiu:   why don' t we

hear from our first speaker? Up to two minutes per speaker unless you are translating in another language.

>>

[Speaking foreign language]

ladies and gentlemen, I spoke before by my language.

I am very happy and I would like to give congratulations to the

people from libya who have been

encouraged to kill the dictator,

muammar gaddafi.

when muammar gaddafi died, the others died friends with him. '

s mubarak -- hosni

mubarak comes closer to death. I wish he is dead soon. I urge all of you to help my

country, to return $183 billion.

He took it with his children.

$183 billion has been taken from

us because he is becoming like

mickey mouse and using you.

i am egyptian.

I left my country for 40 years, but I never forgot.

28 years, I see a young man who

played guitar, and thank God.

I would like to thank him, and I thank everyone of you.

He never forgot us.

he grew up on mission street,

and he went yesterday to mission high school to help them.

That is a man who loves his country and loves us. We love him, too.

I would like to

get 11 turkeys from you to feed the homeless people as soon as I can.

Before I die, I want to make something else.

But how I wish to give you some tickets.

Supervisor, let me see you

tomorrow, and I want to see support for each one of us to them.

I am going to be there, and I watch every one of you. Thank you.

Supervisor chiu:   thank you. Next speaker.

>> good afternoon, supervisors.

stop the corporate rape of the public library. Do not give money to oregon accept money from the friends and family foundation. It is a private fund raising

entity that presents itself as a public-private partnership.

What does a few over time show?

When citizens of san francisco

approved a bond issue in 2003,

they were told it would cost $105.9 million and be finished in January 2010. At that time, the friends of the library originally claimed it

would be raising $16 million.

In other words, 15.1% to the project.

Required filings with the

california state attorney

general revealed that between 2000 and 2010, they raise a total of $31.7 million. Not only does the branch program' s actual budget show

they have only expanded $870,000 for furniture fixtures and equipment, but the required filings by the library under the sunshine or events show that during that time, they have only given or expended for any

library benefit $3.1 million.

This means that as a percentage,

instead of raising 15.1% of the branch library improvement

program, so far, they have only

raised 4500 of 1%.

Yet, they are allowed to operate without any agreement from the city because they would not

answer questions about the finance committee.

Whether it is bankers, mortgage lenders, or corporate

philanthropists, because I did not receive broken, freedom from accountability is with the corporate grifter' s get for their money.

Some public/private partnership.

What they do is line their own

pockets, and that is why the lies cost more than the money. Thank you.

Supervisor chiu:   thank you. Next speaker.

>> hello.

I am here on my own behalf.

How appropriate that we follow the gentleman that just spoke.

i am part of occupy sf, though I do not represent them in anyway. The mayor said we had support in spirit from the mayor' s office,

but we have no contact, and with

the word that the protesters are being told to clear out because the police have a lot of work to do, we feel we' re going the way

of chicago, baltimore, san jose, who are being shut down systematically. We' re just asking for help.

Please give us a contact so we can communicate properly and show a respectable front to the city and work with the city. Thank you.

>> how is it going today, guys?

thank you for this hearing. I presented this to all the supervisors earlier when I came

in, but I just wanted to

reiterate, we are very excited

that we received a letter of solidarity from the san francisco building and construction trades council earlier today, so this just goes

to show that occupy sf is not just a bunch of do-nothing college kids or what not.

We have trades council' s that understand the importance of why we are down there. Kind of bouncing off of that, I

wanted to present another letter that I was woken up to this morning. We get these on a regular basis,

and it shows how the san francisco police deal with us.

this right here is an unsigned

and undated latter from the police chief.

You all have a copy of this.

Appropriately named "you are subject to arrest."

it goes through and how is of numerous complaints that we have

been dealing with with the

problem of recreation, the fire department, department of health. The one that is most pressing is the department of health.

They have come on us erroneously, claiming that there is human waste issues in our camp.

In assessing our camp, they assess all of justin herman plaza and the surrounding areas.

As you guys well know, that area has had an indigenous homeless population for a while.

I just wanted to repeat that we have been in communications with

the mayor to try to get port-a- potty' s in there.

we really do

need your support to put pressure on the mayor.

It is obvious that alone, he is not listening to us or the trade unions that are on our side as well, so thank you.

Supervisor chiu:   thank you.

Next singer, please.

>> good afternoon, supervisors.

Here is a great book, the mayor '

s book.

Hear you all are. I was here on that date.

that day, yeah.

Great book. Get it.

I wonder, wonder

who wrote the book of city love

I wonder wonder who I wonder who

it says so in this book of city love

that this is the city that is true

I wonder, wonder who

who wrote the book of city love

I wonder, wonder who

who wrote the book of love I wonder, wonder who

is going to be the next mayor

is it david chiu

is it you who who wrote the book of city love had the city days are here again

the skies are clear and green in

and it is going to get better,

the budget, again happy city days

better days great days

are here again

have the city days are right in here

and it is going to take away all

the federal budget fear

happy days are coming

wait and see the line and it will be free

and nearly will bring -- mayor lee will bring

happy days are here again

supervisor chiu:   thank you. Next speaker.

>> good afternoon, supervisors. I wanted to take a second to

acknowledge my gratitude for the support for people'

s assembly

that was put forward as well as

the support for occupy sf as

well as the support for people of california choice for medical cannabis.

However, I am not here to speak about this today.

i am here to speak about this

man, an outspoken community youth leader from the bayview hunters point neighborhood of san francisco, and a week ago

today, he was arrested.

He was a victim of a political arrest. He was approached under serious

pretext -- spurious

pretext,

where a couple of officers physically engage him.

He is facing serious felony

charges on an altercation that never needed to happen that was

instigated by officers that is a direct result -- and we can show

a history of this -- a direct

result of harassment and police antagonism towards him based on

his speaking out with a critical

position on the true nature of the officer-involved shooting of kenneth harding. He has been traumatized,

harassed, and arrested multiple times prior to this. No charges stop. No records.

they targeted this man and this man' s family, and we can provide

a direct chain of evidence of this. This is political repression, so

weak demand that he be released

immediately -- we demand that he be released immediately. And if that is not possible, that his bail be reduced and the

pressure be put on the va to reduce his bail to something

reasonable so that this straight a city college student that you see here can --

[Bell rings]

Supervisor chiu:   thank you very much. Next speaker.

>> greetings. Thank you for your time.

I am here in support because I

wanted to put a face or to humanize this individual who has been criminalize.

he is a lifelong resident of the bayview community, and he is someone that has spoken out. He has not always spoken out

about the death of kenneth harding, but he has also spoken

out about the criminalization of

the youth in the bayview hunters point area and throughout san francisco. There' s a coalition of us that have come together. We have been together since the

killing of kenneth harding.

We have noticed that, like

jeremy has said before, there have been two different incidents in the last three months where he has been detained by the police.

this last incident, he was

brutally abused by the police and was hospitalized with his brother.

We are just here -- I am here

because I am pleading with you

guys to probably just -- not even probably, to get information about this case and

get information about who this young man is. The fear we have as a community is that I will be doing this, wearing a t-shirt like I am wearing one of oscar grant because he was beautifully killed. That is an issue we have in our community.

One of the most vocal people in

the san francisco bay view --

the only person that is coming out and speaking as much as he

is is now in jail.

It is really a reminder of the sentiment and the environment right now, and this is not a way

to lead the use theyouth -- lead the youth.

>> good afternoon.

I wanted to give each of the supervisors a copy of the

recommendations I got from his school.

As was stated before, he is a straight a student at city college, and he has been trying to do the right thing.

He is only speaking the truth, and he is speaking up for people

who could not -- even myself. I do not speak up. I was letting go.

But he has the nerve to speak up

for things bigger than himself,

and I am proud of him, but I am offered for him.

anything you can do to help

protect my son and he

just want to tell the truth, and I am afraid for him, and I do

not want to have his name added to the list of people killed by

the police, so if you can do anything to get the police to

look into it or maybe examine

themselves, because his story stays the same, like the truth always does.

I am not a public speaker, but I just need help because I am afraid for my son.

So any recommendations or anything you can do from your

perspective to help him I would really appreciate.

President Chiu:

thank you. Next speaker.

>> my name is eugene gordon Jr..

the human animal brain is a

material base.

It manages scientific manner

functions, construction words

and actions, to resolve as

housing is a ride, clothing,

food, human rights, but where there is a national, agreed upon

intervention, which without

coincidence divides humanity into class ranks, again without

coincidence, market speculation is factor.

to stay the course, ignorance continues to debate right to live.

Product exchange without capital currency.

Class ranked is a market collapse.

Birthright is known as a state

function of capitalism, and

imperialism, materialism,

racism, chauvinism, defamation, fraud.

So much effort to convince

itself distracts.

Fascism is in the united states of america.

president chiu:   thank you. Next speaker. Please step up. >> thank you.

My name is brian mcewan, and I have spoken once before in front

of this committee, last tuesday,

and I just want to express my

gratitude for Ms. Kim and some of the others who have been supportive of the movement in

general, and I would just like to say we have received a number

of conflicting messages from the different departments as regards to what is lawful and what is

not lawful in regards to our

assembly, and I appreciate your leadership, because we' re not

getting much from the mayor, and there are a lot of issues involved, and that is why there

is such a divergence group out

there that is standing up for our civil liberties and our rights to assemble, and we appreciate the fact that you

guys respect that, but we are

asking that from the police department, as well.

Do not come down and forcibly removed us.

It is only going to incite more problems. And as individuals, I would love

to be able to see some of you down there if there is a way for

you to be able to do that in a non official capacity, because you guys represent us well.

I know a few of you and have

worked under you, fighting for issues when you were not part of this body here.

So that is all I have to say,

and we appreciate your support and when is the neighborhood committee? On monday? We would like to know about that. thank you.

President Chiu: thank you. Next speaker.

>> good afternoon, and john from san francisco.

These are just some things that I have observed in the city.

Clothing helps us to be multi

dimensional human beings instead of just identify yourselves as a herd of making animals.

Clothing is better for you, physically and psychologically.

Too much sun, and the bugs like mosquitoes can be damaging to our skin.

Privacy is an important part of our dignity and self-respect.

Kids give away their privacy and

dignity on facebook to strangers on the nai ve assumption that they have their best interests at heart.

Boys on the verge of manhood walk around shooting one another while still hanging on

to their other pistol and

showing us their potential dirty underwear.

we allow ourselves to be groped at airports because we' re in a hurry to get somewhere.

Torn and used looking clothing

have been upgraded to plame quality.

There are those out there that will self-destruct and take us with them.

Years ago, we knew them as insane and possibly dangerous.

today, we bend over backwards to accept them as part of our human

family to be cherished as humans are. Democracy and freedom are as

worthwhile as the character and

culture of its people and society.

The dignity, self-respect, and privacy.

you can have a meaningful society.

-- you cannot have a meaningful society without them. Thank you for listening.

President Chiu:   thank you.

Next speaker.

>> everybody comes up here thinks that something is going to result from their speech.

they have to, or they would not come up here, right?

I am glad that they are

protesting wall street.

I feel like getting a megaphone that says that david rockefeller said in his memoirs that he

hates the united states and that he is using chase manhattan

bank and others to destroy the united states. go to several website.

I am seriously thinking about

doing that, but I do not want to get sidetracked on the main

issue, and the main issue is being saved.

Jesus did not come back.

He is still coming soon.

He is coming soon. I will tell you something. I mentioned this before.

9/11 is exactly 2000 days from

the true jubilee, 1996, not 1994.

66.666 months later.

I believe that God is quite

possibly saying that after

these six and 66 days cycles, christ will return after the

jubilee, or to precise -- to be

precise, 4440 days.

Now, that brings us to May 16, 2008.

there is legitimacy to add the dates mentioned in the book of

daniel about a blessing, it

brings us to January 10, 2012.

Some say I have a prediction

addiction, I cannot help myself in setting dates, and perhaps I do.

I was right on 9/11.

i mentioned this before.

I mentioned 30 days before 9/11 that the trumpet would sound. This is frustrating.

[Bell]

President Chiu:   thank you. Next speaker. >> hi. Thank you for listening to me.

i am here talking about the

resolution urging the city and

county of san francisco giving preference to certify organic food vendors.

There has been a lot of research

done by independent scientists

to show that genetically modified organisms increase

allergies and cancer in people

who are consuming them, and they

are in a 90% of all processed foods in america, and nobody knows they are there.

For example, corn syrup and soil lecithin.

Food additives and preservatives are listed.

however, the fda deregulated the

need to test genetically

engineered crops, and said the

only test that are done are by

monsanto and others, the biotech companies.

So these foods are in there, and

there are a lot of pesticides used that are creating super

weeds and super pests, which are actually causing the need for

more and more chemicals, some of which have already been banned in a lot of countries due to

their toxicity, and there' ve been found in the groundwater.

there is a lot of spraying that goes here.

They have discovered that agro ecology is a much more

sustainable method of farming, so -- was that time for me to stop? Ok.

So I am just very concerned

about this for children and the pollution that it causes and the

studies that have been done on

rats and animals that have showed aberrations in their

stomachs and lesions, and I just

think, for example, like cuba, they have --

president chiu:

thank you very much. Next speaker. >> good afternoon.

I am with the library organization.

To get rid of, to snuff out all

of the murals that exist on the vermont heights branch library is moving ahead with the

cooperation of the unseeing, and

knowing, apparently, arts commission.

At a library commission meeting

of July 21, the presenter of the so-called project manager for

this project of replacements said we are not going to the art commission with this until

September, when I called the art commission late in August.

It turned out the visual arts committee had already heard the

whole thing, and this person also said it would not be on the

consent calendar, but they approved the plans for the

demolition of that historic

mural, which includes victor,

holly, and others, and it did so without having a single presentation from the library,

from the artists, or any

documentation whatever of the new or old mural.

Most recently, on August 12, in response to an information

request from us, the library commission secretary sent what

was sent to the art commission,

and it says a member of the

community in one of these memos wanted to make sure the members

of the visual arts committee had the comments the library commission received on the

brunell are aware, and then she included only the comments that

this task force off-site somewhere assembled in some fashion had included.

She did not include any of the comments that had been made at the library commission at that

meeting or previous meetings, including from the legislative

aide to supervisor campos, which included saying that many constituents have come forward to seeing the murals be preserved. There is a lot more.

President Chiu:   thank you. Next speaker.

>> I would like to give some support to peter, the director

of the library users association. He has shared with me a lot of ways where this has been

handled, and it is basically a joke.

If you look at the minutes, I would guarantee any of you would be unable to tell us how they came to the decision to

eradicate the historical nature

of those murals and to simply pays them over with something eradicate the history of the latino community in the brunell heights area.

The fact that you have a process does not mean that the process

results are going to be good, and I think it is an abomination.

The second thing is, all of you

and the california constitution take the amendment for the legislative bodies, where you

swear or affirm to defend the constitution of the united

states, and those are easy words to say, and most of us would like to be judged not by our actions but by our intentions.

It is all good to say to occupy wall street or occupy san francisco or anyone else who is

really trying to speak for what they believe in.

The right to petition government, to address grievances, and the right to

free speech, but if none of you ever actually picks up the phone and talks with the department of health and says, hey, if you

have a problem with the sanitation' s commission, can any of you arrange to get some

porta-pottis down there.

If you have a problem with this, we can do this?

It is easy to say we support free speech, but if you do

absolutely nothing to carry that out, it is meaningless.

Free speech is the basis of our

society, and I have seen it too many people go before city

bodies and have to fight for the right to speak and have to fight

them for the right for the access to public record, which they need.

President Chiu: thank you. Next speaker.

>> in regard to occupy san francisco, from what I have seen, the issues that affect the city also affect that assembly. Because it is a microcosm of the city.

Those issues really cannot be ignored or hide.

It is important that the city

try to help and protect the

assembly right to be there, and hopefully resolution to the issues that affect the city can

come out from occupied san francisco. Thank you.

President Chiu: thank you. Next speaker.

>> the overhead, please. Thank you. Tom. South beach apartment. I presume I can speak now.

We are going to revisit.

I invited you all to come over

to 18th and mission to check out the garage with the electric fan

and the noise, and, of course,

anybody at home and would like to come over and visit, come

over to 18th and mission and see what we have about the noise

factor, what is happening with the inadequate policy with the noise.

in this little garage, we get a

tremendous amount of discharge.

Noise goes across the strait -- street. The scary thing is that it was built.

The next scary thing is that it

is three years built, and the city has not gotten one complaint against it.

The thing about this , in the life of a city, we talk about noise. It is a cliche.

You do not move to a city

because it is traffic coming and going.

But what we have here on 18th

street is that the traffic is actually a softening the rauch

of noise that is tunneling out

of that garage, and this is a perfect example of what needs to

be addressed in the future,

because, again, it is inadequate.

Stand across the street from it

for 20 minutes, and you will be relieved when you walk away. Now, how would you like to

listen to that for an hour, for 12 hours, or for 24 hours?

The thing about it, it is progress noise, and I do not think it should be. I do not think anybody should

have the right to make somebody else or listen to a noise, garbage being dumped in our

city, and I hope to talk to you about it again. Thank you.

President Chiu: thank you. Next speaker.

>> hi, my name is brad.

i am a medical marijuana patient and have been for quite a few years here in san francisco.

I just wanted to thank you guys

to continue to care to the

concerns of san francisco patients and providers,

especially in times such as

this, with the federal government overreaching and trying to stop local communities from tending to our own patients needs.

I just left over third and

mission of while ago, and over

150 patients were there, waiting

for obama to drive by so that he could read the signs.

I appreciate that here in san

francisco you guys at least not only do take words and say

things but also take actions, and I just want to say I appreciate that.

As well as giving a voice and a

place for patients to speak in the medical cannabis task force,

patients having a place to assemble and having their voices heard while hopefully being

aggregated into something that our board of supervisors can

attend to, knowing that the community does have a lot of concerns, and we appreciate them

being attended to, even today. Thank you.

president chiu: thank you. Next speaker.

>> hello, my name is larry. I am here to speak.

I am sorry I am late. I had a statement to read.

With the protest that happened

on saturday, and I wanted to read a statement, please.

This is a statement in support

from October 24, 2011, the san francisco board of supervisors.

A 21-year- old a student at san

francisco city college, and a hip hop artist'

s, outspoken on

many issues, including free bus

basset -- bus passes for youth and opposing brutality.

There was the san francisco killing.

There was a press conference held in the bayview announcing

the October 22 national day of

protest to stop police brutality and repression.

The next day, tuesday, October

18, he was arrested, beaten up,

and locked up while trying to exercise his rights to videotape

in a public space, along with his brother tommy.

He is still in jail.

His unlawful arrest

incarceration effectively silenced him from taking part in the peaceful rally on October

22, and there have been others who have spoken out over the murder and other injustices.

These are clear violations to

the freedom of speech, as a was

violations of the fourth amendment regarding unlawful search and seizure.

We ask that people pay attention

to his situation.

He is also taking a courageous

stand with the hunger strikers throughout california, so we say

to drop all charges against him

and others and stop the brutalization of all of those facing torture. Guanta namo.

Support occupied

-- occupy san francisco.

President Chiu:   thank you.

>> hi, my name is robin, a san francisco resident, and today I' m going to read my testimony.

I have come before you today to testify about something that has been concerning the four weeks.

ab 499, which allows schools to treat kids for std'

s without contacting parents.

There is the hpv vaccine' s, for the papilloma virus, which can

cause warts and cervical cancer.

The report is a dire one.

Over 22,000 side effects have been reported, ranging from flu-

like symptoms do much worse, including coma and death.

106 deaths have been reported but probably a lot more.

we are talking about kids coming

home from school and dropping dead in the next days, weeks, and months.

Take a look at the

website sanevax.

What is in the vaccine? We know that there is a recombinant vaccine.

there is a known carcinogen.

Merck pharmaceuticals, the

vaccine manufacturer, has no legal liability.

I repeat, no legal liability at this point.

The taxpayers pay for the vaccine, and the families shall

the burden with disabled and dead children, so what I would

like to ask you is what can the city and county of san francisco do? Should there be an injunction to stop any administering of this

vaccine to any kids here until there has been further investigation? Can the board researched this,

work to repeal ab?

these are my questions today, and think you for your attention.

President Chiu: thank you. Next speaker.

>> Mr. President, members of

this assembly, $1.20 million is

a lot of money to be spent on a piece of furniture for this legislative place.

at the same time, nobody is paying attention to those poor

people who are sleeping on the sidewalk day in and day out.

it is about time you wake up.

I, as a senior, I am here to

protest on behalf of those people.

They need to have some place

where they can come out of the cold and out of the rain.

it is going to get colder , so I

am asking all of you today to come up with a resolution to help these poor people.

President Chiu: next speaker.

>> good afternoon, supervisors. My name is dave schneider.

I have arrived a little late, but I heard good news that the

agenda item number 12 passed,

and hopefully sfmta --

president chiu: sir, I am sorry,

but according to our board rules, you cannot speak on an item that has been heard.

>> thank you for your vote.

Let me turn to a couple of other things.

When I was a kid, I learned

about civic pride, and I thought

these two items I am going to

mention to you, this very board

of supervisors before.

It has to do with civic pride.

one relates to this very

building that you are sitting in right now.

If I have got my information

correct , part of the city

bureaucracy, and then in the

real-estate office, did you know

that there is no plaque or memorial in this building

whatsoever to the very laborers who built this building?

None. 0.

Perhaps you can pass a correcting resolution and spend

a few bucks to honor the very

laborers who built this building.

also, the U.N. Flag is not flown over the veterans building.

Perhaps he might consider that

in occupy reality, occupy civic pride.

President Chiu:   next speaker.

>> do not let the facts for you. That is an expression.

-- do not let the facts fool

you.

there is an awareness we have of

individuals, which, in my case,

which I have proof of, assaulted and battered so badly.

These are wonderful, wonderful creative help for our emotionally in balance.

In one week'

s time, -- there are

so many, many positive people out here.

We need to get our input about

how badly or well every dollar

is spent, who is employed, and who should not be.

If we use electronics, we can do this.

I mean, why are we not being led.

we have no leadership that is going to pull us out of this abomination that keeps going

down and down, more aggression,

more lack of rights, more lack

of respect, more lack of safety.

I want to run for mayor.

I am not allowed to run for mayor with all of you people protecting me or sabotage.

broken arms, drive around, left,

right, in center. My papers thrown in the dumpster.

I have the proof.

I have said, "will you call the

fbi for these hate crimes?" no one knows.

i really believe that the way to wisdom is pleasant to this, and we deserve peace.

We deserve pleasanton this. We deserve fairness, and we deserve to be able to restore

the city to constitutional

rights, to fairness and fun and effectiveness, and people will

give us that input if we give them the opportunity to involve

themselves in this government. They want involvement, and we can do that.

We can creatively get the tools --

President Chiu:   thank you. Next speaker.

>> my name is -- and I drive a

cab, and, yes, I still drive a cab because cabdrivers do not have retirement. We do not have health care.

Of course, we do not have dental

or optical, so we think you from the bottoms of our hearts and

our wallets for your vote on item number 12 today.

Because we do not need to be

paying for credit card fees --

President Chiu:   excuse me.

As I said earlier, we have a world. >> I understand. This is part of a big picture.

We need you to help us get

retirement and health care, and we thank you for your vote.

President Chiu: thank you. Next speaker.

>> board of supervisors, first let me say a little bit about public comment.

For a long time, we had three minutes public comment, which was brought down for two

minutes, and when you come to

the end of the two minutes, then

they turn down the volume, and

you all May think that is ok

over here, but for people who listen to it, that is not good, ok?

I do not know if you need an orientation in a good advocate.

Let me speak about what the navy has in mind at hunters point.

they want to create something like a field.

I worked at the presidio, and I

know what the field is.

But we cannot have another field on this.

Also took money from the big

developers -- all who took money

from the big developers or continue to take money from the big developers, I am asking you

to think about our children, think about our elders.

Most of you all are for that 1%.

I know that, with all of the deal' s going behind the closed

doors, but what I am saying is

we need to be aware of what the navy is trying to do.

Fast-tracked and so that big

developers can build thousands of units.

This is not going to happen, not

in the present economy, not in the present economy.

And give us back our three minutes. Even though I have 20 seconds left.

President Chiu: thank you. Next speaker.

>> good evening, board of supervisors and listening audience.

My name is Mr. Washington, and i

am going to sing a rendition of something copyrighted by myself.

Who is in control right here in san francisco?

I asked the mayor -- that was

mayor newsom -- but he did not care

he went out the door , and he went up to sacramento

the board of supervisors just a bunch of liars.

i am going to have to sue and make a settlement and tell the

government all of the money they

spend, we do not know where it

went, and there was no evidence --

yes, look around, and now they

are gone

-- they left the black

people all alone -- where?

the human rights commission, you

had better listen to me -- what

I see

is no mystery blacks are leaving town, blacks

are leaving town, blacks are

leaving town

where is jerry brown?

We will talk to jerry brown

this is his second time around

President Chiu: thank you. Any other members wish to speak in general public comment? Please step up.

>> yes, I want to support one man.

we want to try to get more of the homeless people into shelters. Pretty much every single night

about 98.3% of the population finds some kind of weird to sleep under.

I do not say why we cannot get

that closer to 99% or 99.5%, closer to 100%.

We have put a lot of effort into it over the years, and I think we should try to get a little bit closer.

President Chiu:   thank you. And the other members of the

public wish to speak in general public comment?

seeing none, public comment is closed.

Colleagues, why do we not go to

our 3:30 special accommodation?

We are blessed to have the highest number of restaurants

per capita.

This was started by our colleague supervisor alley and

appear -- supervisor

alioto- pier.

What I would like to do is to

not confuse things, start with number one and go to 11.

with that, supervisor mar.

Supervisor mar: thank you to all of the restaurants.

There is one that serves some of the healthiest foods.

They serve the richmond district. They are an award winning restauranteur.

They give tremendously to the neighborhood and the community

and give back, and it is a pan-

asian restaurant, as well.

It is my pleasure to celebrate namu.

They use hand- picked and locally

grown and sustainable items.

Every sunday from 10:00 until

3:00, it allows about -- families like my own to enjoy

it, promoting healthy and accessible food produced in a humane way.

It has eclectic and humane

offerings, expertly prepared, and it reflects the best of our city and culinary diversity.

At the same time, there are the

words of the caribbean-american

-- korean-american chef, dennis.

because of their award winning food. Against the theme of the restaurant is wood.

The major bar area that makes up most of the restaurant is a piece of wood from the richmond district, as well.

namu has been praised for its

sophisticated interior and friendly atmosphere and servers you are always happy to help.

The three brothers who own and manage the restaurant do their part, giving back to the community.

Although the only open their

doors a few years ago, it has

already established itself as a small business that really gives back to the community.

The healthy fresh produce boxes they offer on sunday are

affordable, $15 or $25, for a tremendous amount of fresh food.

There also act the ferry

building, and there are tremendous lines of people

looking for the korean tacos or the other great items that they

have, and I had some korean

tacos at the last festival.

The line was almost impossible to get through.

Lastly, my hope is that the three brothers continued to

flourish for years to come, and please, on the first monday of the month, not this month in

the, for the monday night, and there are other community-based efforts.

Let me see and daniel r. David

is here, and the beat of the

music, kind of a a little bit later in the evening -- and I know you were one of the reasons for that.

It is an honor to recognize namu.

>> it is wonderful that you are recognizing us. My other two brothers could not come. One has a day job, and the other

is the cehf --

chef and is getting ready for a busy night tonight. Thank you. It is very much an honor.

[Applause]

Supervisor:

it is really good to have them.

There are always some surprise guests at this restaurant.

President Chiu:   all right.

Supervisor farrell.

supervisor farrell:   shelly, come on up.

She is a graduate of

usf and

earn her somalia a --

somalier certificate, and she has been teaching mine.

816 is on chestnut street down at the marina.

They gather their inspiration

from southern italy, particularly in one region.

chef david taylor oversees the menu.

It is the best italian food in the city.

She is the one director, and her

reputation for seeking out wines has earned her a true

recognition as a wine pioneer in san francisco.

She was named best new somalier

from "wine & spirits" and has one other awards.

816 opened in 2004, and they have had the owner of welcoming

and number of italian wine makers and have events.

they have been partnering with organizations such as root of change and slow food.

I just want to say on a very

personal level, 816 has been a

great staple mauer of chestnut street and the marina.

You can never get a seat there,

and I think it is a testament to the great service and food they have.

every single person in my family, it is their favorite restaurant in the city.

Thank you for your continued

service in the community, and continued success. We' re honored to recognize you today, and congratulations.

[Applause]

>> I know you are incredibly

busy today, but it is such an honor for us to be here. I have worked in restaurants

locally for about 24 years, and my husband has a few bars in

town and helped us design and understand how to open a

restaurant, and so many people

ask to sit and meet with me with

coffee, and we sponsor one education.

We have two people taking their exam next week.

It

is the same for learning

trades in hospitality, and we

really feel the more that we can

do for our own staff, the better the whole community will be and will continue to be, and it is

just great to feel a part of this community through all of the charity event.

We have about 75 -- we actually

get asked for more, restaurants really do try to give back because we feel so grateful for all of the support. Thank you.

[Applause]

president chiu:

it is my honor

to make the next presentation, and I can say that I am very hungry listening to all of this.

we know that there are many folks working around the city to make sure we can all enjoy a

healthy, sustainable, and a

locally grown foods, so today, I want to recognize and restaurant in my district that recognizes the mobile food movement.

I would like to bring of sylvia. Sylvia, are you here?

maybe we should wait.

Ok, I think we will definitely wait.

Why do we not move to our colleague from district 4,

supervisor chu?

supervisor chu: it is always fun to listen to this presentation because I get notes on where to go next.

I have to say that namu is a favorite of mine. I went there when they did not

have a liquor license.

I have to say that you are very

lucky to have them in your district.

i would like to bring up david

and lana, and they have got their three-year-old daughter with them.

Today, it is my honor to recognize a restaurant that has

truly revitalized district four and has brought people to the district.

oftentimes, people think about

the sunset, and they think of a

sleepy time -- sleepy town or an

area, but that is changing, and a lot of that has to do with the terrific energy of the people we have out in the district.

After opening their doors in

2009, it is now a bustling and

cozy gathering place for organic food and drink.

Anytime you go past on a weekend

or and evening, chances are, you

are going to see tens of people waiting in line just to get in.

If you get there, make sure you

try the breakfast sausage, the

eggs in jail, and they have everything that is baked fresh daily.

They actually live only a few

blocks away from our lands, so they truly are neighborhood people. When they opened up, their goal

was to open up a local sandwich shop, but little did they recognize that shortly after

they were opened, they would be featured in "the new york times" and have such a following.

One was really kind of summing up the impact.

One person wrote, "I work about 1.5 blocks away.

Until recently, I was convinced

I worked on an island far away from civilization, but then there is our lands, out of nowhere.

They thought it was important to

bring something to preserve the characteristic of the neighborhood, and in their own

words, is a gathering place for those who seek warmth, shelter,

food, and fellowship, so I could

not be more proud of all of the accomplishments, and I urge all of the colleagues, if you' re

ever out in the outer sunset in join the beach, please stop by

our lands, and this is truly a unique and special place -- stop

by outerlands.

>> banks.

it is more than we anticipated, as you mentioned, and we are really grateful for all of the support, all of the local support, and the people who come

from afar to check us out, and,

yes, we are just trying everyday to make it better and come up with ways to make it more sustainable.

we are getting almost all of our produce directly from the

farmers now, and that is really good. That was our goal from the beginning, and it is nice to

have the support to make our dreams possible. Thank you so much. >> thank you so much.

[Applause]

president chiu:

thank you, at this time, I will now ask up so

we -- sylvia.

as I was saying, battalion for the red duck, it is an incredible italian restaurant located in the historic ferry

building, and I wanted to

provide this award because our city is the birthplace of the organic movement.

this restaurant uses only the

very best local ingredients and has been committed to sharing

fresh, delicious, an innovative dishes with its patrons.

It has also contributed

significantly to our community, regularly participating in

events, like the food festival,

the urban education for agriculture, the sunday supper, and other venues.

While they continue to expand, they have never wavered on their

core philosophy with creating these foods. With a market driven

sensibility, she is able to grow

the business from a casual

rotisserie and sandwich shop into a full restaurant serving

three meals a day, including my dinner last night.

I want to thank you for offering locally sourced organic

food to san franciscans and your staff for providing a welcoming

atmosphere that is made this a

favorite among san francisco patrons. I think you.

[Applause]

-- thank you.

>> we appreciate the honor.

I have been working there, and

it is amazing to C.B. Shep -- to

see the chefs go out.

We appreciate the honor. Thank you very much.

president chiu: our next restroom will be recognized from

our supervisor from district 5, supervisor mirkarimi.

Supervisor mirkarimi:   thank you. They should stop by the inner sunset.

We are recognizing an italian restaurant.

a true family owned and operated

business for 56 years, and counting with the third generation of are waiting and

its wings, tony ii, a busboy, --

tony iii, a busboy, when he is not in school, of course.

With many dishes having only four to eight ingredients.

The recipes are often the creation of the grandmother' s

rather than the chefs.

It is an authentic italian

restaurant in the interests and

sentiments restaurants -- in the

sunset with recipes passed down.

Italian cooks rely chiefly on

the quality of the ingredients rather than a labyrinth preparation.

Tony I and tony ii use

traditional cooking methods to provide nutritional food.

Officially recognized for their

perfect inspections course from the department of health for many years in a row now.

It makes the supervisor happy.

They give food and money to local schools and churches in the district and surrounding areas, providing space for local

residential meetings, the district merchants.

They are a wonderful part of our

district, and for that, we

recognize them also for being a fabulous restaurant.

[Applause]

>> well, we do not have much to say. We just wanted to thank you for

the honor, and tony iii was going to say something, but I think he is too shy. There you go. Thank you very much.

We really appreciate the honor. Thank you.

president chiu: our next

accommodation will be from our supervisor from district 6,

supervisor kim.

supervisor kim: I appreciate all of the restaurants that nourish me pretty much every night.

An immigrant women -- women small business, and it represents a cross-section of our community. i have a special connection

because early on, when they were

doing painting and renovations,

they actually open up for volunteers on my campaign to do

more, and I really appreciate that.

I have spent numerous nights

there either by myself or with friends.

Roughly translated, it means dependable in vietnamese.

It is also the name of the owners nephew, and you can often find the entire family working there to feed the neighborhood with affordably priced meals.

This is located in the heart of

south of market on howard street between fifth and sixth, and I think it really is a testament

to the quality of the food that despite the fact it is off the

beaten path, it is often packed with customers.

Within one month of their launch, they were getting

glowing reviews from "the san francisco chronicle, and others.

He spent the many -- the

majority of its childhood south of market, largely when it was a little more than a large parking lot in front of the moscow center. It had been a dream to start a

restaurant .

He continues to hold down a job while running this restaurant.

in 2010, he brought his sister and her family over from vietnam.

His niece and nephew attend south of market, and you often find them in the restaurant in

the afternoon.

as someone who also grew up in

the back of my mother' s very

small business, I really relate

to that, and it is good to see

them part of the small business community here, creating jobs.

Further, the restaurant has been actively involved in many of our

community meetings, including on a safety on sixth street.

they really want to be a member

of our community, and further,

they have gone out of their way to really develop partnerships

with other restaurants in the south of market. For example, they sell local

wine .

he walks to work from his home

from the intermission, and you' ll also find him at the farmers' market at the crack of dawn.

It is an awesome restaurant.

My favorite meal is one of order all of the time.

One was not able to join us in chambers, but his sister and

another, who are tenderloin

residents, are here today to be

recognized and accepted commendation, said thank you so much for being here.

Why do we not have everybody come up and say a few words?

>> well, I just wanted to say

thank you to jane kim for recognizing the restaurant.

With all of the restaurant she could be recognizing in the district, it is always a pleasure to have her here.

We have been open for almost two years now, and business has

taken off, and we have that a lot of support from her in a lot

of people in the neighborhood, and we really appreciate it, and

we hope to see all of you and

see exactly what supervisor jane

kim is talking about. Thank you very much.

[Applause]

president chiu: congratulations.

Our next call lead to prison accommodations will be our colleague from supervisor 8 --

from district 8, supervisor wiener.

supervisor wiener:   cafe xo.

It is at 30th at church.

I know the owner.

xo has been around since the closing for.

It makes homemade pastries and desserts.

All you have to do is go on a

yelp to see how popular it is and how positive people are about it.

In district 8, people are aware

of the commercial district in

the castro, 24 st., and diamond heights.

We also have a commercial

district along church street,

near 30th and 29th, in the upper

know we valley -- noe valley area.

there are a number of excellent

restaurants and porters and other small businesses.

It is a really interesting place.

I am often at cafe xo, because

it is at the intersection of church and to visit their row.

spot -- divisa dero. Sometimes you have to wait a while for the bus or train to come.

It is a nice break to go in and have some delicious coffee and

cake while you are waiting for

the bus, or any other time of day.

Adam, I just want to say thank you on behalf of district 84

running an excellent business and really contributing to the neighborhood.

We are all really appreciative. Thank you. [Applause]

>> thank you very much, scott

weiner, supervisor of san francisco, President Chiu.

We have been in business and love our neighbors.

We try to support as many

schools as we can, because it is a neighborhood place.

We see people growing up every day.

thank you for having me here. God bless you all. Thank you very much.

supervisor campos: if I May ask

karen heisler and chris rubin,

if they are here? Great.

It is truly my honor to

recognize mission pie.

for those of you who have not

been to mission pie, at the corner of 25th and mission, you have to check it out.

The butter crust is definitely

something to die for.

You May have to go to the gym afterward, but it would be worth it.

mission pie, besides having amazing food, is an example of how you do not have to choose between being a successful

business and how you treat your employees.

In fact, the two go hand in hand.

This is what mission pie has to say about this issue and what the website says.

"we believe a healthy

relationship to work is key to a satisfying life.

We feel successful when a

colleague finishes his work they inspired and satisfied, when a vendor says their business is

healthier for working with us,

or when a customer who comments on the generosity of their experience."

it is therefore not a surprise

that younger workers united, an organization, a labor organization that looks at the business practices of different

restaurants in san francisco,

have honored mission pie for being a high road employer.

They truly have demonstrated how

being good to your workers means being successful in business.

It is truly an honor for me , and a great deal of pride, to have

mission pie in my district.

On behalf of the board of

supervisors to karen and

kristen, we applaud you for

highlighting the benefits of the fair and equal treatment of

workers, and a great impact it has on the community.

Thank you so much for the amazing food and the great

service the you provide to the

community, and for being a role

model for what it means to be a successful business.

>> thank you very much.

I am struck, being here, and

being in such great company of

the restaurants that are here -- it is a incredible group to be part of.

There is so much happening in san francisco.

Just because we are here, I want to thank you all for the

consciousness you have all been bringing to the realm of food.

Not just the restaurant peace,

but the urban agriculture stuff and the concern about labor.

It is meaningful to all of us

who worked in this realm that you all are paying so much attention to these issues.

Thank you and thank you for the huge honor.

president chiu:   our next commendation will be provided by our district 10 colleague.

Supervisor cohen:   I am very excited to present to you a

restaurant that I am certain many of you have not heard of.

By the end of the day in my

short presentation, you will be

clamoring to check out p

oquitos, a latin american restaurant.

Everything you can imagine, from

spain to ecuador, is brilliantly created in the kitchen. It is a small restaurant in the dog patch neighborhood.

i would like to formally introduce you to richard vida.

He and his business partner,

michael -- excuse me.

Jason yeoh.

They opened poquito in November 2010. I stumbled upon the restaurant

while I was on the campaign

trail, wherry, famished, and in need of a cocktail.

They were there tuners me back to health. It is an honor to present you with a special commendation on

behalf of myself and members of the board of supervisors. Do you have any words?

>> first, I would like to say thank you for thinking us.

Being in the dog patch and

district 10, there are some of the choices it is special for us to be honored today.

We look forward to being part of

what is becoming a little bit of

a restaurant renaissance, not

only the dog patch, but petro

er

o, extending into bayview. >> keep an eye on this restaurant and the neighborhood. Thank you. [Applause]

supervisor avalos:   I do not

believe my restaurant is here.

I am honoring yama sushi,

jeffrey lee. I do not think there will be arriving today.

We are honoring them for their

great work in the community, not

just in providing an affordable sushi restaurant that has great

sushi and is a great hope for the community, but they have done a lot of great work.

They are the only restaurant

that has participated in our

excelsior festival and our "oh

my" festival.

we have monthly family nights in our district, where people can

dine with the supervisor and his family and my staff.

One of the first restaurants we

were at was yama sushi.

It was chosen because of its affordability and great people.

If you are around the corner of

holloway and ashton, it is a

great sushi restaurant, and I recommend it highly. [Applause]

President Chiu:   we have one more presentation, by the representative for mayor lee.

>> thank you for allowing us to honor a restaurant today.

Are martin or antonio here from

the rotisseried? Come on up.

The mayor is proud to honor

limon rotisserie, a

peruvian restaurant.

It borrows culinary traditions

-- clinton, chinese, japanese,

italian, chinese, basque, and african cultures.

The ship was created an

innovative peruvian restaurant experience.

Limon has locations in the mission and will open a third location in the bayview very soon. [Applause]

It is bringing important food

access to that corridor and hoping that the economic revitalization. Before a present this

proclamation, a supervisor camos

pos, who represents the district.

Supervisor campos:   thank you to

the mayor, and [Speaking spanish].

for those of you who have not

been to both locations, it is incredible food and a great ambience.

It is incredible to have a

restaurant of this quality in my district. Thank you.

>> gentleman?

>> I would like to thank my

brothers, eduardo and antonio, for working with me very hard all these years.

Thank you also for this honor.

This is wonderful for us.

It will only make us work harder.

Thank you very much. [Applause]

president chiu: that concludes our presentations for today.

Before we close the ceremony, I would like to acknowledge the folks who have help from the city.

Paula jones from our department of public health has been our director of food assistance.

She has worked to make sure we have restaurants that are

working as well to promote our public health as possible.

I also want to see if we have luke o' brien, President Of the small business commission. Would you like to say a few words on behalf of the commission?

Commissioner

o"brien:   >> good afternoon, supervisors.

Far be it for me to be biased in

any way to all of the businesses

today, but I would have to

follow up supervisor campos'

s recognition.

i happened to totally by

accident take my wife, who is of

thai origin and has discerning

taste buds, as difficult to

please as anybody I know, to

there, because we happened to be in the neighborhood.

When she walked out of there,

she had a grin from ear to ear, and commented how good the food was.

She reminded me of the famous cheshire cat that ran off with

all the milk as I watched her.

I have to concur with the recognition that supervisor campos gave.

I also want to say they are no more or less deserving than every other business that has been recognized today.

The commission and the office of small business wanted to put a

few words together to make a comment on these recommendations.

I would like to address those to you right now.

On behalf of the small business

commission, I am honored to take

a brief moment to recognize

these outstanding small-business restaurants. San francisco' s economy depends

on our culinary talent, and the businesses recognized today certainly have wonderful cuisines.

But they are much more than just a place to eat.

It is important to note our restaurants contribute culturally and socially. they are truly part of the

fabric of our wonderful city.

The small business assistance

center, on a nearly daily basis, sees new entrepreneurs hoping to start their own restaurant in the city.

It is a difficult undertaking,

but today, as demonstrated by the success of those being recognized before us, we see that hard work does not go unrecognized.

To both potential entrepreneurs

and existing restaurant tours,

-- existing restauranteurs, we are here to help you.

i think the supervisors for these recognitions.

I join our fellow small business

commissioners in thinking these business persons for their contributions to the vitality of san francisco. Thank you for allowing us to speak today. Thank you. [Applause]

president chiu:   thank you all for participating.

Given that this is the day after national food day, I hope everyone goes to all the restaurants and eats as much as you can. With that, why don' t we go to

our 4:00 P.M. Special order?

Madam Clerk, could you call items 16 through 19?

>> a hearing of persons interested in the decision of the planning commission

conditional use authorization to

install a nine panel in cannot

wireless tel commission facility and related equipment on the

roof of a five-story publicly used structure known as kaiser

hospital.

Item 17 is the motion approving

the decision of the planning commission, approving the conditional use authorization.

Item 18 disapproves the planning commission approval.

Item 19 directs the preparation of findings.

President Chiu:   we have in front

of us the appeal of the cu authorization.

For this hearing, we will consider whether or not to

approve the decision of the planning commission' s

conditional use authorization to install a wireless telecommunications facility,

consisting of nine panel antennas on an existing mechanical penthouse on the roof

of a five-story structure at kaiser hospital as part of

verizon telecommunications.

For today' s hearing, we will proceed as follows.

There will be a presentation of up to 10 minutes by the appellant.

Speakers who wish to support the appeal can speak for up to two minutes.

We will then hear from the planning department for a presentation of up to 10

minutes, then up to 10 minutes

from the project sponsor, up to

2 minutes per speaker in a position of the appeal, and up to four minutes rebuttal by the appellant.

The objections?

Supervisor mar:   I want to thank

the appellant, jacqueline ku, and others from angela' s infant

and how care center, for raising the issue.

i also want to think representatives from verizon for sitting down to think about working together. There are a number of people from my neighborhood.

It is right around the corner where I live.

That is where I go for my health care.

Many residents are here to

testify, in addition to many other folks.

i

think that for the 11 of us, we should listen to the testimony to determine whether

verizon has shown weather -- let me see.

It is nine panel antennas and

two gps antennas and associated

equipment panels to be placed on

the five-story kaiser building, the north side building, facing

gary -- geary.

Is it necessary?

The testimony will raise different questions.

i know there are worries about

cumulative impact of public

utility poles to the other buildings and other efforts that

have a cumulative impacts .

I also want to thank the residents of the richmond district, who will speak about

whether these are necessary, desirable, and compatible for the neighborhood.

I know we have a board of

supervisors 1996 document .

I think the supporters for being thorough in their efforts.

I know the guidelines give us

some guidance to place antennas in preferred spots, and also

examples of limited preference

sites, and even other areas that are not favored. But I want to acknowledge this is a hospital. There are three other large

antennas, panel antennas, in the

near vicinity, on st. Mary' s

hospital, close to

presidio, and

another on the beacon storage

building on geary.

i still have a hope that the appellant and the parties will

sit down and try to come to some agreement as well.

with that, I am open to hearing the testimony now.

President Chiu:   appellant, you have up to 10 minutes to make your case.

>> good afternoon.

I have lived in the richmond

district for over 30 years and worked at angeles children' s center.

I have also been a long-time

horizon customer, and received excellent voice and data reception in the neighborhood.

I am

here to represent those who live near the proposed facility.

can people who are opposed to the placement of the antennas please stand?

We are here today because the nine panel antennas proposed for

this location are not necessary,

not desirable, and not compatible with the predominantly residential character of our neighborhood.

under

section 303, the burden of proof is on verizon to demonstrate these antennas are necessary at this location.

However, verizon has not provided any meaningful data to support the need for these antennas, and will claim it is proprietary.

Instead, they have submitted

color charts and maps, using

vaguely defined terms, to show

whether it is good, marginal, or

poor coverage, and where in the report dropped calls in the neighborhood.

Verizon has provided no details

or methodology of the collection techniques on which those maps are based.

Since verizon was unable to use

this -- to provide this data, we

conducted our own tests using a

droid phone and different applications to determine the

available signal strength for voice and data plans.

with a fully charged phone with

updated software, the data

collected offered an objective

picture of voice and data

service in the vicinity of the avenue.

A summary of our testing

methodology and details from the data results are included in exhibit a of your material packets.

The term fast was based on verizon standards, stated on there website.

additionally, the application to plan and does not include meaningful statistical evidence

to back up the claim for dropped and blocked customer calls in the neighborhood.

For example, of verizon claims

as many as 50 failures per hour, but there is no explanation of how many calls when through during the same time. The application also does not explain the cost of dropped calls.

How many problems are there that

adding new antennas will not resolve, like customers using cell phones with a gun charge batteries?

-- with uncharged batteries?

Exhibit b in your packets details all the information verizon must provide to prove it has a problem with capacity

among adjoining cell phone sites. Unless verizon is willing to

present this information, the cannot prove a problem with capacity in the richmond district. Verizon also claims these antennas are needed to provide emergency services.

However, the emergency response

plan explicitly advises against reliance on self phones during

emergencies, and lists eight non-cellular, emergency communications systems that will

be in place during and natural disaster. Federal mandates require that

every cell phone site in san

francisco must prioritize 911 calls. Even a cell phone without a service provider must be allowed

to connect to any site if 911 is dialed.

there are more than enough antennas to handle 911 calls.

It is not necessary to add more antennas to sixth avenue.

The wireless facility is also

not desirable at this location.

The signatures obtained by a rise and lobbyists were conducted by paid signature

gatherers, but people who lived

outside the proposed area.

The signatures we have submitted are the residents most directly

impacted by the verizon project.

we have gathered over 260 signatures for residents and

parents in the area.

Most are within a 500 square foot radius.

Exhibit I shows that verizon residents in the area noted the have good reception.

verizon cannot reasonably claim this project is desirable from the perspective of residents that live in the neighborhood surrounding kaiser hospital.

The industrial commercial wireless facility is also not

compatible with our residential neighborhood.

the planning department identifies the zoning adjacent to kaiser as a residential neighborhood.

Under city guidelines, residential districts are

disfavored locations, which is the lowest of the seven levels of preference listed.

For good reason, the city favors limiting this type of facility

in a residential never heard.

Verizon cannot prove it is compatible with our residential community.

The only reason hospitals are identified as most preferred is

because of a loophole in the

1996 guidelines, included by the

wireless carriers at that time. Please reference exhibit e in your pocket.

The pictures detailed here are

evidence that wireless facilities present a variety of

fire and electrical hazards, even during routine maintenance.

The recent fire at the corner

of haight and fillmore took place at a building hosting multiple antennas.

The fire apparently started in or near the apartment located

closest to the antennas on the roof. Even if the fire was caused by

the wireless facility, we would not know.

as exhibit at shows, the san francisco fire department does not have a category for fires caused by wireless facilities.

Additional safety hazards are

also provided by the lead batteries that will work in

conjunction with any backup generators. These lead-acid batteries

provide explosive hazards and

chemical hazards, documented by

the battery manufacturers,

included as exhibit be in your pocket.

The potential hazards further

prove this type of industrial commercial equipment is not compatible on a hospital in a residential lead-down area.

-- a residential lea

ly-zoned area.

Verizon has not shown that it

has explored alternatives to the location.

It uses a variety of poll-

mounted antennas and has not mentioned why it cannot do the

same for the richmond district.

For example, exhibit g in your

packet is a map many of

british by companies that can accommodate more than one wireless carrier.

the technology is a prevalent part of our daily lives.

This should be a need for the kennedys using these services.

San francisco is a leader in technology.

-- this should be a need for community is using the services.

Installing a new wireless facility without providing data to the city and the public is

not responsible or respectful to san francisco residents and their elected officials.

On behalf of the richmond district, I ask that you please

vote to deny verizon a permit at this location. >> thank you.

[Applause]

>> at this time, why don' t we hear from members from the public.

could we hear from the first speaker?

>> dear

supervisor, I have been

living in the richmond for over 40 years.

this is in the concert -- kaiser hospital.

The sixth avenue is more people.

Let me tell you.

people from far away bring their kids to hear.

sometimes to get a lot of

people .

i am surprised .

What are they needed? What are they wishing?

You can follow my direction to everything. This is not fair.

You have to listen to people' s noises from inside of them.

A lot of immigration people,

they moved to richmond because it is a residential area.

We don' t want this changed to a commercial area.

We want to keep this peaceful place.

>> thank you very much. Thank you.

>> individuals May not express supporter opposition said that we can hear from everyone.

I would ask you to respect that. Thank-you.

>> good afternoon, supervisors.

I currently live and work in the

richmond district and I am also a student.

I have personally volunteered my

own free time going and asking

my fellow neighbors about this issue.

The findings by the planning commission provided the following statement --

recent tests provided conclusive

evidence that the subject property is the most viable

location based on quality of

coverage, population, land use, compatibility, zoning, and aesthetics.

Where are the supporting materials for this evidence?

Verizon fails to provide any

specifics regarding the tests. many questions remain unanswered

such as who is included in the studies, how was the study

conducted, what kind of software liz used to measure signal

strength -- what kind of

software was used to measure signal strength?

our own survey showed that

users had more than adequate

cellphone coverage in that area.

The question remains, are of

these antennas necessary?

Where for all of the disgruntled customers complain about service?

There should be at least a consensus on the neighborhood.

Currently, the data is conflicting. More important, the evidence is lacking.

Based on these premises, verizon should not be granted a permit at this time.

Please vote to deny them the permit. Thank you.

>> thank you, next speaker.

>> good afternoon supervisors.

I am with the russian hill

community association.

I am here to lend my support.

i would like to speak about one

reason that the proposed for this facility is neither

desirable or compatible and compatible with a hospital

setting and this is largely a residential community.

Warless facility' s present a lecture for fire hazards that should require extreme caution in deciding where they should be located.

This includes photos of wireless

facilities that were set on fire during routine maintenance visits.

They were taken by media

outlets, many because of the spectacular nature of these

images presented by these cellphone tower is literally going up in flames.

They still point to find the essential fact of any commercial

wireless facilities.

This is industrial for in nature and utilize is of much of

the components that can resolve in fires. If this is in residential areas.

the recent fire , this is huge.

This took place in the building that hosted a number of teen

mobile antennas in the basement and the roof.

For the resulting investigation

is not yet in.

They were determined to play a role in the fire and we would not even know it.

The fire department does not

reflect the fact this is the san

francisco fire department and

the situation list from

January, 2009 to December 31st.

As you can see -- >> thank you very much. Next speaker.

>> good afternoon, supervisors.

Under federal law, verizon is required to prove that the

location is the least intrusive means for addressing a

significant staff have to of the application before the planning

commission contained no

discussion of alternative locations that verizon had

located and why for these locations one-off viable.

In its submission to the board, verizon presents six alternative

locations with exclamations, why these buildings are not had a lot defeasible.

however, they do not mention the alternative of using the already

existing network of utility pole

mounted antenna is in the richmond district.

In fact, there are already 14

located in the coverage area that verizon is trying to surf, some of which are available to

be shared by multiple carriers including verizon.

This is a map of existing polls

and antennas using to be the richmond district which are created using the inventory of the existing wireless facilities.

Many of these facilities are

operated by companies that can accommodate more than one wireless carrier.

Verizon uses a network of

utility poles in the sunset district.

Without a full discussion of why they cannot utilize this already

existing network in the inner

richmond, verizon cannot meet

its burden of proof that this is the only alternative that will work for the neighborhood.

Please vote to deny a permit for this location. Think you.

>> thank you. Next speaker.

>> good afternoon, supervisors.

The proposed antennas are not

necessary in the richmond necessary to provide service in

the event of a natural disaster.

The emergency response plan to medication and next which was

established in 2008 and a copy

which is included in your packet

makes clear that cellular communications are disfavored in case of emergencies.

The services are prone to system

failures, times of disasters, are emergencies, and large special events and might not be

reliable or dependable.

the city report goes on to cite several more reliable

communications systems for March

is currently in place including the telecommunications system, the mayor emergency telephone

system, the oasis dedicated

satellite radio system and the telephone system.

the antennas are not needed to provide communications during

emergencies or any other natural disasters.

We ask that you vote to deny verizon a permit for this

location with this information.

Thank you very much.

>> thank you, next speaker.

>> good afternoon, supervisors.

Wireless facilities like bryson

typically include the use of backup batteries to provide

power to the facility in the event of power failure.

These types of batteries present safety hazards that make the

facilities undesirable and in controllable with a hospital setting.

Including in your packet is the data sheet for the kind of

batteries used at these sites in san francisco.

Fire and explosion hazard data.

Unusual fire hazards.

Hydrogen and oxygen gases are

produced during normal battery operation.

This supports combustion.

These gases into the air through the vent.

To avoid a chance of fire or

explosion, keep sources of ignition away from the batteries.

Also are operating instructions

, from another manufacturer of backup batteries.

These contain similar safety

warnings that continued does continue safety warnings.

This is not the type of

equipment that we desire in our neighborhood.

Please vote to deny the permit for this location this week. Thank you.

>> good afternoon, supervisors.

i would like to talk briefly about one fundamental fact about

all telephone networks during

times of natural disasters and others emergencies.

Let me give a simple example.

If everyone in san francisco with a traditional landline phone picked up the receiver at

the same time to make a call,

the network would be overloaded

and there would not be enough dialtone to get around. That is the simple fact about any type of network.

Tele-communications engineers are well aware of this fact and have an number of tools at their disposal to deal with situations

like this.

for example, with this type of

behavior to play takes place, the telephone networks have

built in a system of prioritized dial tone for critical emergency service personnel.

That means certain people have a

crucial role to play during such

emergencies will get a dial tone when other people May not.

It should be pointed out that

this is also a system that is

heavily abused by others who can pay for the privilege.

For example, they feel entitled

to travel by private jets instead of commercial airlines and they believe they should

have access to apartheid style

town when the rest of us are

not . Please keep this in mind when

companies come to save these

facilities are needed.

please vote to deny for rise in the equipment for this location.

>> thank you. Next speaker. >> hello. Good afternoon.

I am living on fifth avenue for almost 36 years.

These areas are all residential.

My family, kids.

The only hospital has these buildings. The others are all residential.

[Speaking foreign language.

>> I would just reiterate that she is against this.

She has a family that lives in the neighborhood.

The kaiser hospital is the only in the neighborhood. The rest are residential.

When you use the land line and

the verizon cell phone, 911 has

been very responsive in the past. >> thank you. Next speaker.

>> good afternoon, supervisors.

for 32 years now, I have lived

in the richmond district these and 10 that are not necessary for this neighborhood to provide service during a natural

disaster or other emergency.

Federal law would like to give

priority to 911 calls.

Federal law requires that even a

phone without a service provider must be allowed to connect to

any side if 911 is called.

This also over rights and emergency.

According to the facility plan

from the planning department,

there are over 750 and 10 at in the city.

Over 86 are in the richmond

district and that is from the large cell companies.

in the city of only 46 by 7

square miles, that averages 60 installations every square miles.

I can dial 911 any time

regardless of the installation.

This extensive network is more than sufficient to handle 911

calls and what they proposed are not needed to provide emergency communication.

Please vote to deny verizon a permit for this location. Thank you.

>> thank you, next speaker.

>> good afternoon, supervisors.

the main issue is whether

verizon can prove the necessity of these antennas for this location.

They have refused to provide any details magic of their testing.

for example, they have not given the average call failures.

-- they have refused to provide

any detailed net tricks of their testing.

-- metrics of

their testing.

verizon will not disclose the basic statistical context in which I can understand the information.

What caused these calls to fail,

how many were because it was not

adequately charged, how many

were dropped to make way for 911 calls?

How many failed because of poor network management that had

nothing to do with availability?

bryson has provided none of disinformation.

-- verizon has provided none of this information.

>> I am the President Of san

francisco tomorrow. we support the neighbors in their appeal.

We fully support this argument and it is highly appropriate

that you provide more specific

direction to the planning

department as to when additional service is or is not required.

>> good afternoon, supervisors.

built this is completely lacking any meaningful data or a simple

definition of terms.

The design engineer report

includes graphs purporting to show the pending capacity

problems at the three closest sites. Let' s take a look at the st. Mary' s hospital.

This is an implication that this is of greater importance.

There are the words st. Mary' s

hospital site and there is no

clarity as to what units are being provided.

Presumably, the arguments the

time because the words 100% capacity appear at the top.

Along the access, the words

mb

usage with no accompanying key.

What does this mean?

The engineering report might as

well be signed by the reverend

of oakland because they provide

no actual hard numbers to back

up this .

They cannot prove that they have a capacity problem in any of their sites.

They use cdma technology.

In many cases, there are many more sites.

Verizon has not told you that. Please vote to deny.

>> good afternoon, supervisors.

i am a 15-year resident of the richmond district.

I am a nine-year customer of

verizon and I have never had a dropped call in san francisco.

The only time was way out on 280 and the other time deep in the presidio.

the main issue is whether verizon can meet the burden of proof that they need to install

antennas.

When the carriers come seeking

the desire to install come the wireless facilities, it is

typical for them to assert that they must continue.

The future demands are usually

attributed to the demand of an iphone or the anticipated

arrival other devices.

The information is that it is relevant to making the case.

Nothing could be further from the truth.

verizon must prove that the

current network is accommodating future needs in such a way that

only a new phase of a education and only at this location can those needs be met.

They have not provide any data that they could analyze to make this case.

there is no way to independently test or verify the claims.

Even during large public of fans like the america' s cup, party must be given to any calls that

are dialed .

a truly well managed network can

anticipate one off of chance

like this -- one off

events like this. Please vote to deny them a permit for this location. Thank you.

>> good afternoon, supervisors.

I am with the russian hill community association.

The planning department identifies the zoning adjacent

as an rm1, makes the low density neighborhood.

Under the wireless telecommunications services

facilities guidelines, these are

preference seven or at favorite locations which is the lowest of the seven level preferences

listed, for good reason.

the city disfavors the facility in a residential neighborhood.

Simply put, this is an industrial commercial use that

is incompatible with these uses.

The only reason they are in residential neighborhoods are

identified as a preference one because of loopholes.

They succeeded in converting the

preference one category from public, structures like water

towers, bridges, smokestacks,

five polls, to a category of publicly used structures which

includes libraries, hospitals, and health centers.

This bit of subterfuge cannot

hide the fact that verizon' s wireless facility is an

industrial commercial use and

therefore is incompatible with the surrounding residential community.

Please vote to deny verizon a permit for this location. Thank you.

>> thank you, next speaker.

>> I would like to thank the supervisors for this opportunity to make clear the committee' s opposition to this proposal and

to make clear our reasons why. I have a retail space two blocks from here.

I lived in this neighborhood for many years. They are fundamentally less

reliable than wire networks.

That will be the case no matter

how many a particular carrier installs around san francisco.

Wireless networks use radio frequency radiation to transmit and receive their signals.

They can be blocked by buildings, for example,

depending upon the materials of which these buildings are constructed.

You can use one inside your

apartment, someone else in a different building might not be able to.

Radius signals can be bought by

trees and other objects and this

is subject to atmosphere conditions.

the coverage map of the area provides the following disclaimer.

Even within a coverage area, there are many factors including

customer equipment, terrain, proximity to where inside

buildings, foliage, or whether

that might affect coverage.

marketing campaigns designed to persuade customers to abandon

landlines and a fantasy in a world in which there is a perfect seamless service.

Please vote to deny this application.

>> can we get a projection? If you start speaking -- >> ok.

I would like you to see that

this is an example of what can

happen.

there are volatile under certain conditions and can release

hydrogen acid and acid mist.

These are from the battery manuals.

Thank you very much.

>> good afternoon.

My name is jacqueline lurch.

I am a life-long sand francisco resident.

I

do not think the cell towers would be a good idea, and I wanted my voice to be heard. Thank you.

>> good afternoon.

My name is family -- emily lee.

We do not have the time and resources to keep putting this off.

large companies like verizon have more expertise with this and should have been more responsible when they applied for this permit.

Please vote for verizon based on the merits of what we have argued today. Thank you.

President Chiu:   thank you. Next speaker.

>> my name is matthew yang.

I oppose the installation.

This is not the case of "not in

my backyard" the health effect

caused by rf emission. It is about verizon' s failure to prove this is compatible with the neighborhood.

On the surface, it appears to have met the requirements of the planning code.

On closer inspection, the information is speculative.

They use terms such as good,

marginal, and bad, rather than

actual data to prove a problem with coverage exists.

as our field test has been

shown a, the area has good coverage, so where is the need?

Exhibit a shows most of the

blocked calls occur around the existing beacon site.

This is contradictory to verizon' s own engineering report, which says that customers attempting to make

calls to a site beyond its capacity are unable to access the network.

Why is it the majority of dropped calls occur around the

beacon site, while there are few dropped calls near the st. Mary' s site, which will

supposedly be at capacity in December of this year?

This reinforces the fact that verizon' s claims are speculative, and new antennas

May not solve the so-called capacity problems.

Ultimately, the burden of proof lies with horizon. Although they have provided

colorful maps and materials, they do not approve the proposed income as are necessary.

for these reasons, I ask you

please vote to deny verizon the conditional use permit for the

installation of antennas at this site. Thank you.

President Chiu:   let me ask if there are any other members of the public who wish to speak on

behalf of the appellant. Please step up.

>> my name is mark leech.

I am a resident of san francisco.

I also used to work for aaa.

Using an iphone, we would often

lose calls and data, but basically because the area could not handle the volume.

We live in san francisco.

Our economy is dependent on

tourism and tourism growth.

2013, we are going to have america' s cup in the middle of san francisco.

people are going to be using

geary boulevard to transfers the

street to see the america' s cup. If a tourist wants to --

President Chiu:   you are speaking

against cu, right?

>> right.

President Chiu:   there will be

time for you to speak later, but this is for members of the public who are speaking against the verizon decision.

Are there other members of the public who wish to speak?

>> my name is gene.

I would like to point to one

thing, a reason why verizon would seek permission to build a

cell site which is not needed in a given location.

Wireless carriers like verizon typically look for potential

cell locations .

There are firms that specialize in doing this work for them.

In this case, for example, a

consulting firm called "on air"

is working for horizon.

Countries like this have a

vested interest in locating as

many cell sites as possible for

their clients, since each represents a new source of revenue for their business.

That is regardless of the actual

current needs and customer base.

because wireless carriers like

verizon have enormous financial

resources at their disposal, they are more than able to

afford the relatively modest

cost involved with building out

a typical cell site, even if the

cell site is not needed.

The board does not need the

support to approve a permit when

a current need is not demonstrated by the wireless carrier.

The ninth circuit court of

appeals decision

in 2005

affirmed the authority of this

board to say no to permits for a similar antenna.

president chiu:   thank you very much.

Are there any other members of the public who wish to speak on behalf of the appellants?

Do you wish to speak on behalf of the appellants? Please step up.

>> I support the

construction of

additional small antennas on geary street.

President Chiu:   I think you are on the other side.

I think you are supporting verizon. If you could just wait for a little bit, and I will again ask if there are members of the public who wish to support the appellant.

Please step up.

>> I live in visitation

valley for almost 30 years.

I highly support the neighborhood in richmond.

That is not inappropriate

relationship for verizon to put an antenna there.

I would really appreciate it if

you could vote no to putting the antenna of there. That is not an appropriate location.

Even though there is high

technology and spending, that is not appropriate. Thank you.

President Chiu:   thank you. And the other members of the public wish to speak in support of the appellants?

Do you need translation?

If you would like to translate for her, you are free to do that.

if she would like to speak in

chinese, you can translate after she speaks.

>>

[Speaking chinese]

president chiu: please speak into the microphone.

>> her name is yang, and she is against the antennas installation.

She lives in the neighborhood.

President Chiu:   thank you very much. Next speaker.

>> I am against antennas on kaiser hospital. Please vote no.

President Chiu:   thank you. In the other members of the public who wish to speak on

behalf of the appellant? Seeing none, why don' t we go to the presentation by the planning department?

>> my name is amory rogers.

With me is the project planner on a conditional use authorization.

This appeal is for the planning

commission decision for wireless telecommunications on carry boulevard.

A presentation will cover four topics.

first, project description.

Second, this site as a preference one location.

Third, a little bit about the

city process that established our preference siting criteria.

Fourth, the commission findings

as to why they approved this cu

and found this necessary, desirable, and compatible with the neighborhood.

The conditional use authorization required under

planning code section 303 and

209.6 require a conditional use permits for this project.

The project includes nine panel antennas located on the northeast and south side of the existing mechanical penthouse.

The antennas will be flush

mounted, extending no higher than the existing penthouse.

They will be screened from view and painted to match.

the equipment will be set back

30 feet from the roof edge, so as to be minimally visible from the street.

Supervisor mar:   it is the

building that is along sixth avenue, closer to the

residential area, not the

building closer to the geary commercial district?

It is across the street from the police station? >> that is correct.

We can put a -- put an image of

the building on the overhead.

As a reference, the city has five preferred location types as

well as limited and disfavored pipes.

this type is called a publicly used structure. It is the most highly preferred site for the city of san francisco.

Public facilities are most

favored, in that they occur in every neighborhood and the appearance is typically institutional or infrastructure in nature, which is most compatible with these installations.

Under the adopted city policy, this site is exactly where we

have told providers they should be locating.

Third, let us discuss the process.

The planning commission and the department had a lot of guidance

on revoking -- reviewing wireless facilities.

In 1996, the board of supervisors passed a resolution on where we should locate these facilities.

It emphasized that these should be the city' s top preference for these facilities.

The board said specifically these are most compatible and is likely to be visually destructive.

The board resolution did seek clarification on some of the lower preference sites.

In response, the planning commission revised the

guidelines in August 1996, and updated them again in 2003.

The guidelines contained not

only preferences and locations, but mandate community outreach meetings be held for

installations that need review an alternative analysis studies

should be done one preferred sites cannot be used.

That is not the case here.

It also requires a plan which

must be updated annually.

that is the process that led to this being declared the most preferred site.

Other procedural reviews include

aesthetic review by planning department and health review by the city department of public health.

When it comes to aesthetics, this is an anomaly visible from the right of way.

it should be painted, landscape, or screen architecturally. That is what happened here.

The antennas are screened and painted.

When it comes to health, the federal telecommunications act of 1996 established limits on review of wireless facilities.

specifically, the law prohibited local jurisdictions from

prohibiting on health concerns

if they follow fcc guidelines.

We go to great lengths to monitor installations, with an emphasis on exploring radiofrequency radiation. The department of health produces and the mission' s

report for every facility,

evaluating existing emissions and proposed emissions with the proposed antennas.

The same evaluation is conducted after the installation is

installed to get a real reading

and to monitor every two years thereafter.

The guidelines cannot be exceeded and the facility would be shut down if they were.

Despite appellant arguments that there are conflicting arguments

about health effects and impact, scientific studies have been clear.

Over 25,000 studies on the

biological effects of r f -- rf

have been published over 30 years.

The largest cut 30,000 participants.

After all the studies, our department of public health summarized a study as followed.

Scientific study does not

support adverse health effects from radiation at levels below the fcc standard.

Between existing federal laws and regulations, the guidelines put in place by the board and

commission, planning review is

generally limited to is that the concerns. The main question we ask is whether the installation will have aesthetic impact.

we regulate the visual impact

with the see you -- the cu.

We look at whether the proposed

installation will be desirable and compatible with the neighborhood.

That is the general process.

Now let us review the last topic of my presentation.

It is a specific finding as to

why we approved this cu.

We found all the criteria were met.

When it comes to desirability

and compatibility, san francisco is a technological leader.

It is important to maintain

adequate telecommunication,

including to keep up with

changing increases in usage.

This is a number one preferential site, the most desirable.

The was misinformation irrelevant to the district.

The antennas will be on the

roof, painted to match the penthouse. They will be minimally visible

from the public right of way, virtually indistinguishable from the existing penthouse.

The commission found the project aesthetically compatible with the neighborhood.

Only two people spoke in opposition at the commission hearing.

There was not the same outcry at that time.

the planning commission, when

they are reviewing wireless

installations, consider to -- two issues.

Coverage -- san francisco does have adequate coverage.

In this case, verizon has reported marginal coverage in this area.

while they feel there is

adequate coverage on the street, the report poor coverage inside of walls and buildings.

-- instead of cars and buildings.

Supervisor mar:   can I ask about necessity?

You rely solely on verizon data, which is very vague?

clearly, what was given to us -- I think this is the major point of the appellants.

It seemed you were relying

solely on what verizon has given you.

Is there independent analysis by

the planning department, or a third-party independent of being paid by verizon for the data?

>> I will let the project sponsor speak to the viability of their own data.

We do have the department of public health take readings in the neighborhood.

The planning commission, like

this body, have discretionary powers. Like you are going to do tonight, they listen to the evidence, both written and verbal.

They found the project to be desirable. That does not mean you will not come to a different conclusion.

They are an appointed body, put in place to resolve these sorts of issues.

They found the evidence compelling.

Supervisor mar: I am not questioning the hard work and

specialism of our staff.

I just wanted to ask a question

that came up in the commons.

The 1996 sighting guidelines -- I think a couple of people

referred to lobbying efforts by the industry to make a change to

section 8.1, location

preferences, to include the line

"where the installation complies

with fcc regulations, hospitals

should also be considered." can you give us some context for why that was added?

if it is industry-promoted, designed to create more spaces that might have vulnerable

people around it, that is

problematic for me, if it is an

industry effort as opposed to a public health policy we should be supporting as a city.

>> in 1996, in spring, the planning commission adopted wireless setting guidelines.

The board did review that document and requested certain changes to be made.

The past irresolution in 1996

-- they passed a resolution in 1996.

the board took exception with

some of the lower disfavored sides and asked the commission

to revise the guidelines for some of the lesser preferred sites.

The commission adopted revised guidelines in the summer of 1996.

i will continue, if there are no other questions to the chair.

I think we are on capacity for the wireless network.

In this case, the call failure maps demonstrate there are areas

with more than 50 dropped calls per hour.

the project sponsor will address their prediction for exceeding capacity more.

This demand on capacity does not

just affect data capacity.

It also affects call capacity and dropped calls. the commission found it is necessary for san francisco to

have adequate capacity at the site.

The commission found the proposed facility would fill in gaps in coverage in the inner richmond district and provide

necessary facilities for emergency transmissions in this area.

As for whether the project is

detrimental to health, safety,

or convenience, antennas will

commit frequency well within fcc regulations.

Specifically, the exposure level

is less than 1%, below the fcc

exposure limit, 400 times less than what would be allowed.

this location May help improve public safety.

Horizon provides backup service for city emergency responders.

The alert program, which notifies the public of

emergencies based on text

messaging, and a great deal of

911 calls are made of via cell phone.

The commission found it was appropriate to approve the conditional use authorization.

The department respectfully requests the bold up -- the board upholds the cu.

Supervisor cohen:   >> thank you very much.

i am curious to know if there are any suggestions you May

have as to whether there are legislative remedies we as a

body can think about. >> yes.

The board in the past has made amendments to what sort of notice should be required for wireless antennas.

the board has passed resolutions

asking the planning commission

to consider changing the sighting guidelines.

It is completely within board

authority to amend the planning code to establish further

regulations.

You could buy ordinance

legislate where the preferred citing would be.

This is a contentious issue, as

you know, with appeals coming before you. If somebody wanted to tackle the

issue and legislate it differently than how the commission has handled it, I am sure that would be appreciated.

supervisor cohen:   thank you.

Supervisor mar:   I was going to

ask Ms. Rogers if you could

respond to the appellant' s

effort to get data at

themselves -- that they

themselves, documented in

attachment a, which seem to

show good coverage for horizon.

I will say my coverage is spotty. It seems their data contradicts

what the design engineer of verizon provided that you relied on. I wonder if you could respond to

the other data that seems to neutralize the main data you used to say that was necessary.

>> you are correct.

This is new information that was

not presented at the planning commission hearing.

It was provided just last week.

It is more your purview to

evaluate the credibility of that, versus horizon.

It was not at the commission hearing.

president chiu:   why don' t we now

hear from a representative from the project sponsor?

You will have up to 10 minutes for your presentation.

>>

I will be using the light board.

I am outside counsel for verizon wireless. It is a pleasure to appear before you.

I have been representing horizon for 20 years.

I was part of the preparation of

the guidelines in 1996.

there was no adverse industry

input or attempt to skew the

document, which was primarily

driven by important and historic figures in san francisco.

I appreciate the fact that the neighborhood has brought up most of our exhibits already.

we respect their opinions and concerns about wireless service.

Wireless service has become ubiquitous. There are more cellular subscriptions in the united states than there are people.

It has become important to our daily lives.

I want to enlighten you about two issues.

One is coverage versus capacity.

the one you May not have focused

on is the necessary, desirable,

incompatible standard, versus a significant gap.

Let us get started.

i do not think anybody has shown the actual site.

This is the large industrial complex we want to put on top of the kaiser building on sixth avenue.

You can barely see the antennas. They are on top of the mechanical penthouse.

This is a preferable site on purpose. it is the tallest building in the area.

The antennas to not face sixth avenue.

They face north, west, and

south, and provide coverage in those areas. There is a reason this is a preference one location.

In terms of need, of horizon

wireless coverage -- verizon wireless coverage is currently provided by three sites.

Verizon wireless readily admits

it has marginal coverage in this area now. You can make a phone call on the

sidewalk while standing still.

We need this facility for two reasons.

The community needs it for two reasons.

We need infill and coverage in

this area, because most calls are initiative from inside a

building or a vehicle, and we need capacity.

as I mentioned, there are three sites serving the area presently.

This is the clayton site, st. Mary' s hospital.

It is mb.

That is the amount of data and

voice going to the network.

over time, the usage has doubled over the last year in the united

states, in terms of megabytes and data.

Verizon is not alone in experience in this growth. By the end of the year, the site will reach a maximum capacity.

It cannot handle any more traffic at busy hours.

That is what this graphic shows.

The adjacent sites at beacon and

presidio will run out of

capacity in August of next year and December of next year. It is like cars on a freeway.

At 2 in the morning, you can drive a beautifully.

A commuter our, you cannot get through.

That is what the horizon is finding. That is demonstrated in the

graphic we provided.

It shows dropped calls in the vicinity.

this slide shows dropped calls for one hour during the busy hour. This is the average of calls

made during the last week of August.

In those to block by six black

areas, 50 calls per hour are being dropped.

-- in those two-block by six-

block areas, 50 calls per area -- per hour are being dropped.

This will get worse as time goes on.

If you have a smart phone, you know what I am talking about.

You will have five cars and cannot make a call.

Or you go from one tower to the next and drop your call.

i want to submit a rebuttals

statement to the data provided .

This is to respond to the data provided by the neighbors.

I have to say that judge

hamilton of san francisco in 2006 in a metro pc yes case we

site in our brief said that

anecdotal found a that is not scientific for showing a significant gap in coverage, as

compared to the real-time data provided by cellular networks. It is not just me.

it is judge hamilton in a san francisco case.

This is data provided by appellants. It is stuck. Everybody is standing still.

It is with a free app you can get of the internet. It is not accurate.

They do not measure capacity, which is our biggest problem.

The measure data, not a voice.

-- they measyre data -- measure

data, not voice, and it is all outdoors.

That covers need.

verizon wireless truly needs this. We think the people of san francisco needed.

We have submitted to you at

package that has nearly 700 text

messages, e-mails, letters , and petition signatures supporting

this facility from people in the

neighborhood who use their

phones, need their phones, need

their phones to work, neither funds to be reliable not today, but tomorrow.

I have been going to these hearings for years.

We get neighbors that show up and have concerns.

You must understand there are hundreds of thousands of cell phone users in san francisco.

700 of them in the last week

have signed up to say they need this facility.

There is quite a bit of desire.

It is necessary and desirable.

In this packet, there is a

letter from one of your former fire marshals, who used to one

-- to run the 911 dispatch.

He emphasized the need of cell

phones 4911 service.

We have a number of caribbean restaurants who say they need

this for customers in buildings

-- we have a number of delivery

restaurants who say they need is for customers in buildings. We have been trying to put this in for three years.

This is a preference one location.

It is on an existing commercial medical building.

If the doctors have a concern, you would think it would not want this on a building.

This is a cluster of buildings that have wireless facilities.

this is a perfect place to serve the inner richmond.

The inner richmond has been a

difficult place for companies to serve for quite some time.

Lastly, I wanted to enlighten

you, if I could, about the difference between necessary,

desirable, and compatible, and a significant gap.

In terms of necessary to the community, we think we have

provided you lots of letters to show the community wants this.

In terms of significant gap, which for rise and wireless has

to show, it is that they have

the capacity or coverage gap which have shown you today.

it is the equivalent of coverage

gaps we have cited in our brief in federal cases.

What I put down here is the

agreement you all signed a few months ago.

You agreed with the community it was not necessary.

But the federal court realized there was a significant gap for

t-mobile.

Because they had chosen a means

to put that facility, your

advisers encourage you to sign a settlement agreement to allow that to go forward.

You can make your decision, but ultimately, federal law says that where we have a significant

gap and have shown the

preference one location -- in

our materials, we also showed the other preference one

locations -- you are compelled to avoid a ban of service.

I leave you with those ideas.

the capacity constraints are happening now.

There will happen in the future.

Finally, a significant gap.

We do provide robust information, more data than most.

I know I do not get a rebuttal.

I want to savor verizon wireless and other jurisdictions will

agree to go to a third-party engineer to look at our data.

President Chiu: colleagues, any questions to the project sponsor? Thank you.

What we hear from members of the public that wish to speak on behalf of the project sponsor?

>> my name is mark leech.

I worked for aaa, which is located one block away.

We had calls cut out using verizon. We also had a to drop. i have also experienced data

drops down the street at the library on ninth avenue. These are places where our children go to school.

We are san francisco, the no. 1 tourist destination in the world.

If these tourists come and look at us and cannot find where they

are going, cannot find where the

boat races are, how are we going to look at america' s cup in 2013? The time is now to put our infrastructure together.

We want to be the top in education.

Our citizens, even in the

richmond, want their children to

be at the top of the education pile.

The only way they can do this is with information, technology.

Over 700 people wrote e-mails

supporting these towers and the infrastructure.

Just over the last few days, we have collected several dozen

more, which I would like to submit.

back to where we were.

We depend on tourists for business. If a tourist calls home and

says, "I did not get your pictures because the data

dropped," we are in a sorry state of affairs. thank you.

>> my name is ron lee.

I am here in favor of the cell

phone antenna going up on the hospital.

i want to stress that verizon ,

our disaster system is connected to this. It is important we have the system up in a more efficient manner.

They by day, month by month, we have more demands than ever before because of the data packets.

they are going to come up with 5g.

It will demand more and more transmission. We have to be able to supply the transmission.

I worked in telecommunications for 30 years.

I am very familiar with antennas.

I worked around and, as for many, many years.

i am living proof that working

on all of these cell sites, putting on these lines -- I never got sick. Nothing ever happened to me.

Today, the new antennas are not ionizing. there are very low amounts of radiation.

It is so nominal, sometimes even

a microwave will limit -- emit

more radiation than 8 cell phone antenna.

Let me tell you about batteries.

all telecommunications systems have a backup battery.

They have been around for many, many years.

They are proven to be safe.

They are necessary, especially in an emergency. Thank you so much.

President Chiu:   thank you. Next speaker. >> good afternoon.

as a resident of the richmond district and a wireless

customer, I support construction of additional antennas.

In addition to using my cell phone for telephone calls, I

also use it for web browsing and access to e-mail. I know that more antennas are

needed to support increasing

demand, more than just for verizon customers affected by call quality.

Verizon is among the largest phone companies in san

francisco, so many people are affected when they call other users.

even if it is not your cellphone

company, could sell phone

service is essential to our city and safety to people like me.

Most 911 calls now come from cell phones.

Many families do not have a landline phone anymore.

i hope you will support the project. Thank you for your time.

>> good afternoon.

I am a consultant to the project and helped with some of the outreach aspects.

Sitting here today, I recalled a

book I read about elfin -- alvin

tofler, called "third wave."

the first was agriculture in the country, and there was resistance to the change.

We moved into the industrial revolution. There was resistance to the change.

we moved into information technology. There will be resistance to the change.

Further today, there is environmental technology. It is natural, because we are

faced with uncertainty, that there will be resistance. You have people that come out.

We have to be compassionate and lend our ears to them.

but at the end of the day, what we do is sit down.

This is a lot bigger than 4141

geary, san francisco, the state of california, and the united states. It is global.

We have requirements we have to meet.

does the project have any aesthetic negative impact? It does not.

Does the health department have

new information we did not have before today? They do not.

Therefore, the companies come in and meet the guidelines.

They meet the requirements. We come here. we have an interesting conversation.

At the end of the day, we are governed by our laws and should uphold the permit.

President Chiu:   thank you. Next speaker.

>> good afternoon, commissioners. I want to make mine short.

I live in san francisco.

i have a cell phone.

I also

constructed the small antennas.

that was not a sulfone power. They are 4 feet high.

The tallest building in the area is the kaiser building.

Thank you.

>> hello.

i support the intent of because

currently I run a news websites

-- the antenna, because currently a run a news websites.

in order to get a story out as

quickly as possible , in as

informed a way as possible, I need to make sure that whatever connection I have in the community, whether on the west

side or the east side , I can get

a good signal on my cell phone reception.

I have a letter from

paul chin,

which serves the senior citizens of japan town.

this letter is in support of the

verizon antennas to be located on geary.

I write both as a former fire

marshal for the city and county of san francisco, and in my

capacity for kimochi.

as a former fire marshal, I know

these applications are reviewed

not only by the planning department, but also by the

health department and the fire department, and to protect the

public these agencies ensure the safety of all antennas.

the rf report must be included

on all plan submitted -- plans

submitted, signed by a professional engineer with expertise in the technology.

As an officer of kimochi, it is important to me that we have connectivity.

President Chiu: thank you. Next speaker.

>> good evening, supervisors.

I support construction of more

antennas on geary boulevard.

It is absolutely silly to be

concerned about a location that

is so far away.

this is over 1,000 feet away from the street.

It is important for us to have capacity right now.

Families need to stay in contact with children and grandchildren.

we are unable to get a good

signal. Service is going to be terrible.

We need to add more antennas.

The city health department has reviewed them. Please approve this project. Thank you.

>> good afternoon, supervisors.

everybody has a cell phone.

The younger generation -- everyone has one.

Everyone carries one for the internet.

i would say it is really

important.

The radiation is very, very low.

[ Unintelligible] thank you.

President Chiu:   next speaker.

>> my name is nathan williams. I am a local resident.

I support the antennas.

I use my cell phone a lot in business and school.

Not only are they safe by

federal standards, but that are

vital for medical personnel to use to communicate in emergencies. The police station across the street will tell you the good

connections are important for public safety. I experienced crop calls a lot.

It causes problems when I am talking to prospective clients.

Anytime we call someone from

verizon, service in the richmond district gets worse.

It will be awful and less so coverage is approved. Thank you.

-- unless some phone coverage is approved.

President Chiu:   next speaker. >> good evening.

i have authored several of the

attachments to this presentation.

I am here to answer any technical questions you May have. I would like to speak on a couple of things.

You were shown a picture of a smoking power.

This happened in texas about six years ago.

the tower is not owned by verizon.

It is owned by american tower.

Verizon had nothing to do with

the cause of that fire, nor did our equipment.

Someone else talked about a fire in san francisco at 15th and

valencia.

The fire department had not come up with an answer for this, they said.

But the chronicle put it out the fire marshal reported it was due

to someone falling asleep in a chair while smoking.

That was started in an

apartment two floors above our

equipment, not started by our equipment.

The rise and wireless in my 17

years with them -- verizon

wireless in my 17 years with them has never had a fire.

our equipment is made in the united states.

Some of it comes from sweden as well.

Other things I wanted to stress is the capacity need.

Ourself on site at st. Mary' s

hospital, the other day when we

had a small earthquake, it went into overcapacity mode.

we turned away 4% of the calls. This will get worse as we get

closer to the first of the year. With that, I am here to answer any questions you May have.

Supervisor mar:   let me try to be really brief.

Thank you, Mr. Bentsen, for your work on behalf of verizon.

there were questions from the public.

They claim you have not met your

burden of showing that there is a lack of capacity or necessity.

I think they raised some questions about the calls to

monitor in the last week of August. We have a number of graphs.

the number of successful calls,

the number of dropped or blocked calls -- what were the reasons

for the drops, and how do you know this?

Could it have been faulty

batteries, other interference, or software on phones? There were questions raised

about the burden of proof you

have to show a lack of capacity.

Is there a necessity?

I wanted you to respond to what people said.

>> the data we provided came directly from our switches.

We used to have a switch at granite street in san francisco.

we moved that 2 fairfield. This data was taken in the last couple of weeks of August.

Supervisor

mar:   when was the data taken? I think somebody said it was the last week of August. When was it taken?

>> during the last two weeks of

august, during the busy hour,

which for us is between 5:00 and 6:00 in the evening.

Dropped calls are mainly due to people either driving out of

coverage areas, or in this case

we are looking at ineffective attempts. That is people' s attempts to get

on to the system, not dropped calls.

These numbers are based on ineffective attempts, people

trying to get a line and unable to get into the system.

These numbers are taken right off our switches. They are right there.

You might want to repeat your second part.

you cannot know if there is interference without a sticking test equipment and determining

that, but we normally test drive

these areas and interference shows up in our test drives.

We have not had a recent test drives in this part of san francisco.

Anything else?

President Chiu:   colleagues, any additional questions? Thank you very much.

>> if I May add, we are willing

to provide much of the type of information you are talking

about, but it is proprietary.

we are willing to do that to

third party engineers on a case by case basis.

President Chiu:   unless there are

other comments from the project sponsor, why don' t we hear the

rebuttal from the appellants?

>> in the past 10 years, this

board has voted in favor of 14

conditional use appeals in cases

like the one of verizon is proposing.

One resulted in the landmark ninth court of appeals decision in 2005.

It affirmed your authority to

deny a permit on the same grounds appellant has provided you today.

He has neglected to inform you that when the ninth circuit remanded the few remaining

issues to the district course --

court to judge hamilton, metro

pcs lost the case.

Judge hamilton decided there was

a significant gap in service, but metro had not proved it was

the least intrusive means for filling the gap.

Verizon has not discussed the alternative of using the already-existing utility pole

mounted

network operated by

third parties, which can handle

multiple providers.

Unless verizon has approached those companies and been turned

down, the have not explored those alternatives. They would lose in court for the

same reason metro pcs lost before judge hamilton.

Verizon has not met its burden of proof that these are necessary and compatible with the community.

Unless verizon opens all the

books on all its adjoining cell

sites, it cannot prove it has a capacity problem.

He also reported on a recent t-

mobile supplement, where the

city won the first half of the case.

There was not even a trial on the significant gap issue.

There was a proposed settlement

reached before it went to trial.

that is a complete mischaracterization of what happened at about lawsuit.

-- at that lawsuit.

T-mobile did provide data. It showed that in a given to

week -- two weeks

, only 1198

calls were dropped, 0.25% of the total. That was the judge ruling in favor of you for denying the

permit to t-mobile last year. How many calls went through in the two hours when 50 were dropped?

500? 5000?

50,000? Verizon has not told you. Unless you have that

information, they cannot prove their case. Listen to the neighbors. People who live in the neighborhood want you to deny this permit.

There is plenty of precedent, 14 cases like this. The city prevailed at all of them in federal court.

President Chiu:   final questions

to either side of this appeal?

Seeing none, at this hearing is closed. These matters are in the hands of the board. i understand the house has changed.

Supervisor mar:   I count nine of us in the room.

Actually, there are 10 of us.

I would like us to continue this for one week, until next

tuesday, hoping both sides can

get together and discuss some of

the offers from verizon for an independent third-party

analysis of the gap and the

necessity, and also to allow our

colleague, ross mirkarimi, to vote on this issue as well.

President Chiu:   that motion is

seconded by supervisor avalos.

Can we do that without objection?

This is continued to November 1. Is that right?

>> at 4:00 P.M.

President Chiu:   thank you, ladies and gentlemen.

at this time, why don' t we go to our adoption without committee reference calendar?

>> these items will be acted

upon by a single roll call vote unless a member requests discussion of a matter.

president chiu:   24.

I will also sever item 26.

Roll-call vote on the balance?

>>

items 21, 22, and 23?

Supervisor mar:   aye.

Supervisor weiner:   aye.

supervisor avalos:   aye.

Supervisor campos:   aye.

President Chiu:   aye.

Supervisor chu:   aye.

Supervisor cohen:   aye.

Supervisor elsbernd:   aye.

Supervisor farrell:   aye.

Supervisor kim:   aye.

>> there are 10 ayes.

president chiu:   those resolutions are adopted.

>> item 24 urges the city to give preference to certified

organic food vendors, and to urge the federal government to label and test genetically

engineered foods, as well as to assign liability to the commercial developers of genetically engineered technology.

Supervisor mar:   I want to thank the california biosafety

alliance and food access advocates. I know it is already a policy of

the city throughout former mayor

newsom'

s administration, and supported by our food systems with in the city. I urge support from my colleagues.

President

Chiu:   supervisor

elsbernd requests this be referred to committee.

>> item 26 cancels the board

meetings of January 3, January

17, February 21, May 29, October

9, November 13, and November 27, and cancelling all board and committee meetings through summer and winter breaks from

August 1 through August 31 and December 12 through December 31.

supervisor avalos:   colleagues, I

would like to motion to cancel

the July 3 board meeting, which

is the day before July 4, which they have in england as well.

I might be away somewhere on

vacation with my family that week.

It could be in england.

I would like to cancel that meeting.

President Chiu:   supervisor

avalos has proposed we add July 3 to the list of tuesday' s we do

not meet, seconded by supervisor

cohen.

Generally, we do not meet in the first week in July, in part

because of budget negotiations and in part because July 4 falls in a week. the initial draft did not

include July 3 as a date we

canceled the meeting, but given

that we already have four

meeting scheduled in July 2012,

that is appropriate.

Without objection, but shall be the case. With the underlying emotion, to

be approved as amended, can we do that without objection?

That shall be the case.

Madam Clerk, can you please read

the in memoriam?

>> on behalf of supervisor

elsbernd, for ina gavin.

president chiu:   is there more business in front of this body? >> no further business for today.

President Chiu:   without objection, we are adjourned.