have a nightmare on 2nd street. so i think i would like you to reconsider what you are looking at. also the health problem. we have got a flu epidemic going. you want the people who are serving you food to be properly -- [ inaudible ] >> thank you. >> next speaker, please. >> can we ask people not to repeat what has been stated by others. thank you. >> i am jeff knoll, i work as an inspector for the san francisco health department. i'm not here representing the city. i am here as a coffee drinker. i am in and out of restaurants regularly, and instead of standing in line at a restaurant, i would rather grab a quick cup of good coffee at expresso subito. >> my name is lynn person and

i have lived and worked in san francisco for the last 29 years. i'm a business person in downtown and i guess i'm repeating a little bit of what he just said. this grab and go service, these trucks, this mobile truck industry is very valuable. it's a needed service for business people like myself. i will at times, when i have time frequent the restaurants and the coffee shops downtown. i have meetings and he use their internet and sit and have coffee there when i have time. when i don't, those trucks are a valuable service and i think that permit should be uphold. >> next speaker, please. >> good evening commissioners, my name is robert bookbinder; i had a long career at the san francisco water department, 25 years. i am recently roo tired. i spent many nights and days working on the streets of san

francisco especially downtown. our work crews strive it get our job done properly, and quickly. the trucks on the streets were a great help to us over the years. they made a great product. they were convenient and efficient. we did a better job because of their presence. it's only fair and just that this permit be upheld. >> thank you. >> next speaker, please. >> hello, my name is kent mullan. i have been a resident of california for almost 40 years. i believe and i am a coffee drinker and i believe, again, expresso subito provides a unique and coon convenient service and even though the other stores there are times as stated i go in when i have a meeting.

i do not use them regularly because my life is too hectic and they are too busy. i want to rereiterate the entrepreneur from expresso subito has been waiting a year and a half for action and put out a lot of money. this would really be an unjust action if this were to be repealed. haze two young daughters and i family to support and now he is at that state after almost a year and a half. thank you. >> next spark. >> if it's all right i'm going read from a transsculpt of mare 28th appeal and play an audio file from the december 12th appeal. is that all right?

>> >> this is from mr. james walsh. there is muffin muffin, about half a block away that serves espresso, as well as sellers market, which is across the tv i'm confused by the references that the only compete on the street is starbucks and they don't count. by the way those people who are working hard, they are local, and i think that is not to be whole-hearted by thrown off the table. this second [stra-pbz/] script is from michelle tran speaking on behalf of muffin and muffin. my parents own muffins muffin and i'm concerned. i was going to say that although they are applying for

84 2nd street they will literally be half a block from my parent's shop. we also do sell coffee, espresso and we have been doing for the last 20 years. sellers market would be one block away from the proposed site. i'm opposed to this cafe, in that this area has a lot of coffee service and will not bring about new customers for new items. thank you. may i? this is [ inaudible ]

>> i have been in this business for 50 years, family business. i am here just to make a simple comment and i will be very brief. by all standards, be it the california department of health, the san francisco department of health, or all fda standards, coffee is one beverage; it is considered one product. no different than wine. it's all considered wine. so when someone says that they are not serving a like product, it is a semantical game that no attorney would fall for. there is one product and that product is coffee.

>> good evening. tom is trotman speaking on behalf of one the owners who couldn't be here today, michael o'brien. so i'm going read from his letter that you have. it states -- >> excuse me, are you speaking on believe of an owner who is part of the 2nd street merchant? >> he is a merchant, yes. >> you are reading from someone who is, so why don't you save it for the rebuttal? [ inaudible ] >> okay that. is fine. thank you for the clarification. >> i will quickly read through this. i am writing to urgently object to the issuance of this permit and any other food truck permits that wish to park in the financial district. the specific truck expresso subito did not notify me or my business of their intent to

park across from my restaurant. lawsuit state has it all businesses within 300' must be notified. and there are some other objections that are also raised here for the same reason. current restaurantslocated within one block pay an average of $11,000 base rent. versus approximately $500 a year for automatic food truck permit. my restaurant will suffer and food sales severely. the ordinance states that these trucks are not permanent and having a truck that sell sels monday, tuesday, wednesday, thursday, friday, he each day of the work qualifies as a permanent structure. it's about the money and the customers we will lose due to the low-cost of food that this applicant will charge. if one food truck is approved more will follow. the question is where is the support from the city on behalf of the existing businesses that are brick-and-mortar? trash will increase dramatically and the homeless will go through the trashcans more frequently. no ada requirements.

grease disposal requirement is not mentioned. homeless population will increase due to trash scavenging. the city does not have the manpower to enforce the regulations. thank you. >> thank you. >> next speaker, please. and again, if the speakers could please step forward and line up closer to mr. pacheco, i promise he will not bite. >> my name is bonnie suprain, a owner of the book company and daughter of the building at 48 and 440 2nd street. my concern as a business owner on that block of 2nd street is that the department of public works has a very large plan in places 2nd street improvement

plan, which is meant to increase pedestrians, add bicycle lanes and at the last meeting of the department of public works presented on that plan, i'm sorry this is such a bad xerox of this thing i'm showing on the overhead. but the 2nd street area between market and harrison, there is sidewalk. there is a bike lane and then there is a planting barrier, parking and traffic and the same thing on the other side. so they are going to be reducing the amount of parking spaces on the entire block between market and mission to four parking spaces. expresso subito would be using two of the four on the entire block. i have customers, many of them walk, but some of them drive. there are deliveris that happen all day. i don't feel it's the right use of city parking to be giving two of them away for the four

hours each week. thank you. >> next speaker, please. >> good evening my name is khalifed ramadan. my and a half and i own sunrise deli at 54 2nd street. i signed and allowed expresso subito and gary and his employees to use our restroom. on the overhead, the location, our location is here. his truck is proposed at 84 2nd street. the reason i signed allowing him to use our restroom facility, we support small businesses, all small businesses no matter the shape or the size. and i don't think starbucks really needs our help. thank you. >> thank you. >> thank you. next speaker, please.

>> good evening my name is robin gross. i am an event planner and i'm in and out of downtown all the time. one of the reasons this is of interest to me is that as we know, the lines in the coffee shops as was spoken before are quite long. one of the issues that i wanted to bring up. that my understanding is that the hours of operation for expresso subito is from 6:00 a.m. to 10:00 a.m. on two locations and varying between the 2nd street location and the other location. so i do understand the issue of parking. i do understand downtown being really tight. i definitely understand people's concerns. but we are talking about 6-10 in the

morning. i understand, i have seen the truck in operation. he is in and out of that spot in about 15 minutes after he is finished. so a lot of the concerns that people have seem to be more during the day. and i feel that mr. goldstein has tried to do his best to make this work for everybody. i did want to show one of the issues i heard through frequenting his current truck is the issue of royal exchange. and everybody has concerned about royal exchange. no. 1 they don't open until 11:00 a.m. they are open from 11:00 a.m. to 11:00 p.m. and in review of their menu, there is not even a mention of coffee. not under any of the drinks. so i really feel that given his length of service to san francisco in terms of business from the '70s with his bagel shop that his permit be granted

and i appreciate your time. thank you. >> thank you. >> next speaker, please. >> yes, good evening. my name is scott cronenburg and i want to document some of the history of gary goldstein as a business person. that has benefited san francisco. in 1979 gary and i opened holy bagel in what was known then as the mission district. we had to go through numerous hearings with the planning commission to get a conditional use permit. but we prevailed and the outcome of that was that we eventually had four successful stores in san francisco generating thousands of dollars in sales tax, license fees, paraphernalia payroll taxes. the original holy bagel is still in business on 24th street. it's now going on 34 years.

gary has only benefited the city of san francisco through community outreach, donations. he has donated food products and money from anywhere from casa delas mad reses to the san francisco unified school district. i believe it's the job of city and county of san francisco to

create business and i don't think this is the proper venue to vet what the processes of the department of public works are, which were followed wreckly. thank you. >> thank you. next speaker. >> my name is nigel hall and i remember a small business in marin and i come into the city frequently and invariably i'm in a rush. you don't stop in a store to get a coffee when you are busy rushing from one place to another. and the food trucks and coffee trucks are a great addition to the city. they satisfy a very specific need and it's very different to the market for people who go to a specific location to get coffee or get food. the city is very entrepreneurial focus and they support a lot of tech companies, expresso subito is a great example of an entrepreneurial business and the city has a great food culture.

and the espresso food trucks are a great manifestace of that, a recent manifestation, expresso subito combine those elements and is only going to be an asset to the city. i think you should go forward and uphold the permit that has already been granted. thank you. >> next speaker, please. >> hi, my name is lee ann quan. we're a family owned-and-operated business. we have been tenants at 222 front street for 20 years. we recently renewed our lease for an extended term. i wanted to again voice my opposition to the coffee truck being parked on front street, when is a few steps from our store. it's going to take away from our morning coffee business, as well as block the storefront from california street. it's going to force our delivery trucks and vendors to double park and block the streets. parking is already tough. we need spaces for loads and

unloading deliveries all of which take place between 6:00 a.m. and 10:00 a.m. a lot of people are trying to distinguish expresso subito by being quick and convenient, when they don't want to go into a coffee shop and sit down and surf the internet. but food trucks in the financial district, as you can see, their lines are really slow and it just blocks the sidewalk. so you can't say that it's going to be faster than a lot of the other coffee options that are quick service. such as us. we don't have seating. it's strictly to-go. so it's very fast. please deny the perform for the coffee truck. thank you. >> thank you, next speaker, please.

[speaker not understood] i'm here to support the issuance of this license for mr. goldstein. and you should have complete confidence in the vetting process that your department has gone through. in issuing the permit for mr. goldstein. i think that that is the food truck in sampson street and financial districts that have been approved and vetted have been nothing, but an asset and i support the issuance of the permit. thank you. >> thank you. next speaker. >> my name is david mcclure. i have had a office in the neighborhood for 20 years and i can tell you in regard to saturation of coffee shops, if they are so saturated, why do i have to get in a line that goes out the door and wait a long time? during rush hour when this

coffee truck would be in service, i'm here to support the coffee truck. when i moved into san francisco, that was 35 years ago, there were hardly any large chains of restaurants. there was no starbucks. there were no kfcks and, in fact, they were all lined trying to get permits like this gentleman is. but then the city was protecting the small businessman. and the reason they couldn't get parents is that they didn't want that quality of food in the city. they wanted the unique business in the city. it seems now that has reversed.

the food trucks, whether it's coffee or food, they are always offering service that is not here already. i go to they will awesome the time and the reason i do is because they are better. not always, but often. the small businessman will go out of his way to make it better. the large business will keep their -- if they are good, they will keep their quality at the same level to keep their business at the same level. if you want uniqueness and you want to see good quality, you are going to allow more small businesses, not less. so thank you. >> thank you. next speaker, please. >> hi there. thank you. my name is alex hart. it seems clear from my reading of the city ordinance and dpw guidelines that city policy is to allow food trucks, if they comply with the various rules and regulations.

and expresso subito has really done that to a t. there has been a 15-month process here. it was clear to me that radio services may have made a mistake in providing notice of the original dpw hearing, but that wasn't expresso subito's fault and there was no harm done since every business affected knew about the board of appeals hearings. while dpw may have made a mistake in the findings that asupported the permit, dpw was correct that those businesses have sold like foods within 300' did not object. and since the board of appeals is having a de novo hearing that can be fixed in any case. expresso subito issued a -- applied for this permit over 15 months ago and has sent about $100,000 on o'equipment and permit. so we encourage you to fix the errors made, which were not expresso subito's fault and

to help right this situation. the only people that can come out hurt in this proceeding are gary and his family. the appellants will walk out of here unaffected at best and most possibly benefiting from the espresso truck, bringing more potential customers to their restaurant. it would be a great, significant injustice to not uphold the permit. thank you very much. >> thank you. >> next speaker, please. >> hi, my name is sandra wheater. i am an accountant and i'm often in downtown san francisco visiting different clients. i am always in a rush. and i do what is convenient and what is good. and as somebody said earlier, that coffee is one product, it's all the same. but it's not all the same.

they provide a great product. it is fast for me. wouldn't do it if it wasn't. it's a pleasant experience. and i think it should be supported:thank you. >> next speaker, please. >> hi, mime michael goldstein, no relation to gary. i would like to say first off, i don't leave the house with a tape measure, but i can speak as a consumer and i don't like when my opportunities where i want to shop and what i want to buy is taken away from me. and i feel that no. 1, that the food trucks offer a lot to our city, as well as every other city. and it's not -- for me it's not an either/or decision. he don't go to one or the other.

i go sometimes here, sometimes there. so i don't understand why we're here right now. and i will say that when i heard that thing -- when i was living in san francisco, i used to buy grafiao coffee. >> thank you. >> next speaker, please. >> thank you, my name is ken rosen and i'm a c.p.a. and i frequently come into the city, usually in the morning. one thing i have noticed there is a shortage of good coffee shops or places to buy coffee in san francisco in the morning when people are trying to get to work. you know, this is evidenced by really the long lines at the

stores. you know, i myself, i don't have a whole lot of extra time to sit and wait in line for 15-20 minutes. so i'm just going to skip it, if there isn't a place to go. and i think these coffee trucks are sort of unique in that they offer a solution that is good for the brick-and-mortar restaurants. because the brick-and-mortar restaurants are open, whatever, 10-12 hours during the day and so you have got this need, that goes on from whatever, 6-10 in the morning, when people are lined up. so you know the truck is there to sort of help in the need. and i think the impact to that is much less than if there is another store that opens up that is also open from 6:00 to 6:00 at night. one other quick comment.

there was a letter that was just read here, mr. o'brien, royal exchange and the assumption is that if you run this kind of business, you know, it only cost $500 in permits to do this. and that is not really true. you know, you have got to pay for rent to park the truck. you have to get the truck here, so you have to pay for gas and you have to get people to bring the truck. there is increased insurances and additional labor. there is a whole lot of additional costs. and you know, gary has to recover those costs over four hours. so even somebody is paying whatever a week, they have may be 12 hours to recover the costs. so i don't think he has got a real benefit. >> thank you. >> thank you. >> next speaker, please. >> my name is john newton and i'm an architect. i just wanted to point out that, it's already been shown that gary has worked very hard

to establish the business. he made all the proper applications. the department of public works already addressed the way they reviewed and approved the permit properly. the one main thing i wanted to point is that gary has already made a large sacrifice. he originally had three locations from 6:00 a.m. to 5:00 p.m. and he has already reduced that to two locations, 6-10 a.m., which is a major sacrifice. so i think that speaks well to gary. he is eager to keep his business and he has already made? some goodwill sacrifices already. >> next speaker, please. >> good evening, president hwang and members of the board

my name is marlene weinstein and i'm a bankruptcy attorney who practices in federal courts in san francisco and oakland and other places. i have known gary for a long time. i am here really to address two issues that were raised by the appellant that i have noticed in my review of the documents. the notice provision, because that seems to be one. and the distinguish between 300' walking distance versus 300' radius and i believe that the appellant really confuses those two ris issues. with regard to notice, expresso subito used radio services, i believe is the same service used by department of public works and a lot of city services in determining how notice was provided. it is granted that apparently there were a couple of stores in a couple of locations that were not noticed in the original notice and i think part of the confusion was the front street