tv [untitled] August 3, 2012 10:30pm-11:00pm PDT
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all the other paragraphs are stipulated to. i do not see a need to have factual findings on this. they are conceited as true as stated in the charter. the focus of the party should be on evidence, that supports or not support -- does not support 63, 1924, 26, and 30. -- 19 through 24, 26, and 30. you'd want to identify additional facts he thinks has been established that are in favor of the defense. the mayor may want to as well.
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my thought is that each of you have five additional facts that you can identify and then put supporting evidence for. my thought is that you submit that so the other side can put the citation with the record they think disputes that fact or the can say they stipulate. does that make sense? have we lost you? >> i would have -- i have not had the opportunity to sit down and parse through the amended charges in that paragraph. and so i am concerned about agreeing to a number that may turn activate the lovetere person think that we cannot work with. >> here is my concern.
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these are your charges. presumably, you put in their everything that you think we need -- and we found everything in your charter to be true, we should find that official misconduct occurred. i am concerned if there would be more than five additional facts that you would need in order to prove your case. secondly, you have to realize that we're about one judge. we cannot make decisions and then give you a document that provides it with the answers. we need you to decide each of these facts and that could -- it will not be feasible to receive 40 different facts and try to decide each one of them. it has to be limited. >> i completely understand and
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agree with and share that concern. i'm not trying to create a free- for-all by any means. i can -- i want to they know of few things. we followed the charter's direction which was not clear that we needed to file written charges. it did not say that it needed to be a particular kind, that it needed to be much more complete beyond notice, pleading. i can tell you for a big factor, if that was the standard, i was not aware of it. >> you found a bill of particulars. >> wi-fi elspeth's more specific written charges sitting at the different accounts separately. we did not -- you understand what i'm saying. i can tell you what our understanding was and what we believe were gutted by. we did not understand it was the case that there is a separate
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pleading standard that we needed to meet. it was not clear at that time. that is understandable given the vagaries of the charter that we're struggling with and the novelty of this procedure. i want to put again my asterisk there that it is possible there are key issues you might want to address that you will not find already. >> which is why i am recommending we give you five additional facts. i am also not moved if you have not studied -- that the share of identified because you were included on this. your lack of preparation is not particularly moving. so, is that acceptable, five additional facts? >> i would add that each of the
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counts has one paragraph that basically summarizes, here's what you should draw from these other factors. i certainly would not want to lose the opportunity to have those paragraphs be part of our proposed findings. the other side did not find them. i would want those -- the leeway to have a summing up factual finding at each of the counts. those have not been identified and it seems like that might be helpful. >> any objection? >> no. >> that is fine. the other thing that would be helpful and i have created a visual. it was sold confusing, i did not
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interpretations. option one is one that was identified in the mariposa amendment -- the mayor's sharges. -- charges. conduct would modify -- this would modify what official conduct means. the import, if we were to read it this way, no. 2 has little or any relationship to the official -- the duties of the official. do you understand why i would think that? >> yes. there may be an access but it is not based on the official duties. >> if you could put option to
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out. -- two up. the other way of reading this, if one and two modify that first part -- modified and that first part of the paragraph that ends with including. under that reading, conduct that falls below standard of good faith and right action would have to relate to the duties of the office. the red is wha t i put n. that is something that would help me, briefing on which one of these is the right way to read this provision. >> i want to thank you for
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bringing that forward as clearly as it did. i have this struggling with the same question since i read the charter provision. i think that is free critical and would appreciate briefing on this one as well. >> to the praise follow -- and did the parties followed? >> if you are going to see you briefed it, you did not. not this. i went back and checked. i need to know why -- i assume that you will think option two is right. i want to know why, without big assertions of what you think is the right thing. i want it parsed and i want to know why you think your view makes most sense because there is not a lot of precedent to decide it. same for the mayor. isam you think option one is right.
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i want a clear -- as clear as you can, whatever president to help us figure out whether option one or two is the right way to go. >> [inaudible] >> you can make that argument. i understand. ok. beyond that, i think there would be open if you wanted to argue other issues in briefing but that is the primary one. how many pages do you think you need to make that point? >> that particular point? >> yes. >> you with the abstract -- you
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want the abstract, not the fact of the case? >> here is what else i was envisioning. it would be helpful if we had 30 minutes -- closing arguments to tie together for us so in the briefing i do not think we need to see it. if you want to brief it, i would not object if you agree. but what i need briefing on is this option. option one or option two. are their options the commissioner would like -- commissioners would like briefing on? >> i would be interested in two particular points on the same
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issue. if you could brief any legislative history on the charter amendment that included the second prong. that would be interested -- i would be interested in seeing. and whether you think which way that cuts for you. >> what do you mean by the issue raised in mazzola? >> in the muzzle case, a it does adopt -- mazzola case, ithe charter adopts the stand that was in the mazzola case that leads to the first prong. i would like briefing on which we that would cut. >> the mayor does not necessarily agree with you. the mazzola case ces a number
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of legal authorities. the charter language comes from one of the authorities. it is not a holding in mazzola. >> that is the issue i am struggling with and that is why would like briefing on is what i am saying. >> i would have -- address mazzola and how it impacts option 1 or option two. >> anything else? 15 pages? >> there are additional issues and we have never had an opportunity to brief our understanding of the elements of the case. even if regardless of whether you split into option 1 or
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option to, there are elements within a or b that i would brief and put before the commission. it is not clear with the duties of office are. to say that the duties of office applies to both is not -- does not help us determine what you can properly considered to be the duties of office. i would like to address issues like that. >> what does that mean? how many pages do you want? >> i would like to submit up to 30 pages. >i will not waste them. if i do not need them, i will not use them but it is more efficient to raise the issue then to have to come back and ask for permission and explain why the issues mayor the extra pages.
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>> is there an objection from the sheriff? >> the mere fact that you need to do all this work to justify the case speaks volumes. if you want to give more than 10 pages, 15 should be sufficient. i know that we can do it in 15. >> the opening brief is 27 pages. >> commissioners, -- >> i do not have strong feelings about limiting either party. if you want to waste or paper because they think we need more education, i am happy to get it. so i would not strongly urge a page limitation. obviously our time is limited. >> i am actually probably closer
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to commissioner renne. if that helps to lay it out -- [inaudible] were the bids 50 and 30? perhaps you might like to offer a number somewhere in between. we did i get to do much of that. >> that is true -- do not get to do much of that. >> that is true. in light of that, i would say 25. leave it at 25, as long as you briefly to issues we discussed. will it be helpful for us to have other applications of a lot of facts? that is fine. you can do that within 25 pages. i want to talk about timing. the one thing i definitely want is an exchange of your
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>> i am ready to eat. >> street trucks are growing. these vendors offer a variety of food all over town. in parks and on streets near you. these mobile restaurants are serving up some original, a creative, and unusual combinations. this is like a grilled cheese sandwich or you could do something truly unique like
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this. we're here at off the grid-upper hate. there are so many options. ♪ you will be competing in the food and truck challenge. appetizers, entrees, and desserts. make a cohesive mill. the winner will get the title of the feed truck challenge chompians. ready, said? whether you talking to get out there. i am with the founder of off the grid. how would you describe it? global food trucks in the bay area. we put them into need urban settings. we get people to come and try the great food. >> what inspired you?
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>> i was helping people launch mobile food trucks. they were asking where we could park together. there was no process that enabled that. we started the first location at 14th and center. from there, we expanded locations. >> why our food trucks growing in popularity? >> three reasons. the high cost of starting a the rises social media, and trucks can be easily located. food trucks offer a unique outdoor experience that is not easily replaced by any other sitting anywhere else in san francisco. >> how would you describe the relationship san francisco has with food trucks? >> san francisco eaters are adventurous and interested in novelties. our customers love of food trucks. ♪ >> everybody loves food on the go. the fact that the use great
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ingredients and are very convenient, gourmet food, that makes them very popular. >> i want to go there. >> i have been dying to have these. >> i have dined and various food trucks before. i think it is cool the they're starting to make food that you can try. >> i cannot decide. >> in the thick of the competition. how is it going? >> pretty good. i got thrown off because they pulled out of my first appetizer choice. but i think we're doing ok. >> how are you going to crush them? >> i think it will be easy. one of the things probably everyone has tried, but it might be a new twist on it. >> i do not want to where you,
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but we were at this food truck earlier. >> does not matter. still going to win. >> you walk outside and there is a food truck right there. it changes every day. it is fun and easy to go down and get some food. >> these are going to be really good. >> i am going with this. i think he is going with his gut. >> this is good. >> i was thinking of doing a sample test. >> i thought about starting a restaurant. the food truck was my initial idea. >> we thought, why don't we combine them, and it would be the most desirable combination. >> [inaudible] >> just getting some feedback. >> for a lot of people, i am
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sure this combination might not sound right on paper, but when you taste it, you're surprised. it is a great way to create a community. people get together and talk about issues, get toríiziañ know different cultures. that brings people together. i hope there's more off the grid style places to stop, and people can mingle and interact. this creates that opportunity. >> all right, the time has come. as a very hungry. on the go. >> crispy chicken sandwich. salted caramel the cake. >> i have a thing. fried home cooking food.
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what do you think? >> i think i am going to need another bite. very moist. >> so good. it is so good. >> fantastic. >> i had the sweet potato fries. the fried mac and cheese. the twinkies. i wanted something classic with a twist. >> those look crispy. >> yes. >> fried mac and cheese. >> whoa. >> are these the best ones you have ever had? >> yes, they are. i have only had one other i have only had one other twinkie, and that was the
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