i know the wind can be challenging, but our understanding, it is a state requirement. because we had been cited earlier, we are vigilant on making sure that we comply with it. supervisor maxwell: i have another question for you be. regarding fees, you have access to what is going on in the market. some of the markets that are mentioned in the report have flat fees, from my understanding, and they managed to do ok. my concern is, do all the coffee vendors pay the same amount?

is there a staggered fee in the folks that sell pastries and coffee? >> i am sure there is not. we allow the markets to determine that. we took their bids. what they thought they could pay, to be the fees that they paid. we did not do any standardization. supervisor maxwell: and you based that on what you all thought was best. is that what is happening in other markets, is that just what san francisco does? >> we work closely with the rec and park department in many of

their offerings. this is a constant challenge, rate setting. i think we share the velocity of allowing the market to speak. the intent was to create a market floor that we thought was reasonable, and then individual vendors could decide, i could bit more than that because this is my anticipated share of the market. it was always set as a floor. i think maybe what the director is getting at is maybe there is a possibility for a tiered system that would recognize the difference of what they are selling, the likely profit margins they may have. i think we can move to that system in 2011 in our next bid call. supervisor maxwell: i guess you will discuss it with your cac. >> that is right.

i would also like to state court made it with rec and parks. it can be confusing for vendors who go to the market but are also tried to get opportunities where rec/park is offering them. supervisor maxwell: through the chair -- when of the dominaone n -- with a black care -- when you are going from market to market, are you finding that ours is set up in any way like other ones in other cities? >> no, it is actually confusing and pretty different. there are two things. there are three tiers of fees.

it depends on the size of your stall. you have your farmers who pay the lowest fee. then you have your food vendors who usually [inaudible] everybody pays the samefee per stall. as far as coffee -- the profit margins on food, they are pretty much the same across the board. [no audio] then you should not be in the business. [inaudible] not flexible. there might be rainy day specials in some markets [inaudible] maybe there is inclement weather. there is a set fee. my bid was $100 [no audio]

that begs the question why. supervisor maxwell: there might be the balance of who and what -- i do not want to get into that. >> there is a board that usually meets in each market, and they decide -- [no audio] try to keep a balance between citrus [no audio] do not ruined somebody's livelihood. supervisor maxwell: thank you. i do have a question for you. could you come up? supervisor mar: could you state your name again? >> john akiens. supervisor maxwell: you

mentioned the rainy day, being able to -- understanding that we need to have that separation. one of the issues, when they moved the food vendors, that was huge. do you have a better understanding, is this what you have found to be the case? has someone mentioned this to you before? >> yes, i have an understanding based on what was stated. for example, -- first of all, i did not hear what the space was between the certified and non- certified farmers, food vendors. if it is 20 feet, and the distance of an empty stall is 20 feet, then it seems to me that is the separation, so if there are 10 stalls on the other side that are empty, or if there is only one farmer in those stalls, can that one farmer not be moved closer to the other certified

farmers' so you still have the other side available for the food vendors? if we are talking about numbers and you have 12 empty stalls because of the rainy season, and farmers do not come all year round -- so it seems like there could be some accommodation. if that is the case, i do not understand why there cannot be an accommodation. supervisor maxwell: how soon in advance how do you have to notify people that you are going to be there, not going to be there? >> in terms of the food vendors not showing up, if you are not going to be there that day, the protocol is to call that morning and leave a message on the machine, or if you can get a hold of someone in the office. supervisor maxwell: so it is basically within 12 hours or less. >> as i said, the thing that

concerns me in raising this question is, when you look at the rainy season, there are quite a few empty stalls. many farmers do not come during that time. i am still not sure what that space will be. supervisor maxwell: i will ask. thank you. yes? >> supervisors, if i may comment for clarification purposes. when you speak about distances between the agricultural certified market portion and non-certified, those boundaries are drawn up and submitted for the certificate, when they apply for renewal. supervisor maxwell: submitted when who applies? the market? >> yes.

when alemany applied for their renewal, they submit a boundary. in the case of alemany, i have not looked at that map. i am sorry, i cannot tell you what the boundaries are. but there is a boundary that identifies agricultural certified and non-certified. supervisor maxwell: thank you. ms. brown? yes, another question. have you looked at the boundary lately, has it changed -- >> if i may. i think we have relatively simple solution. in our next some middle for application, that we provide a seasonal boundaries so that we have a winter season and summer season boundary. that would give us the flexibility to assign certain spaces for non-certified uses

when we know we are going to have those vacancies, so we can be in compliance. we can work with the agricultural commissioner. i think there is a solution we can work to worward. supervisor maxwell: ok, thank you. i would like to continue this. i want to ask our real estate department -- i want to have day a check-in -- hopefully, they have a number of items that they would like to have completed or are working to complete by december 31. i would ask that maybe the meeting before, if they could come back in and check in with us to let us know where you are. we will have a talk. i will meet with ed lee and ed

harrison on the parcels that you are talking about that could help us with parking. supervisor mar: i just want to thank ms. brown and mr. updike for being here, also a time line for setting up the cac. i feel strongly committed the- based people should be at on that committee in addition to small farmers. i know the history of the farmer's market is a grass-roots effort. it is challenging for us to have a people's farmers market. also for small farmers to have a chance versus the big grocery industry, who was opposing this. i hope that comes from the cac and this remains the people's farmers market. supervisor maxwell: in discussing the cac, they plan to have farmers and people who live around the area, maybe beyond. it needs to be bigger than nine.

this is a huge city, historical place, people really love and are dedicated to farmers' markets. it will probably be bigger than what we talked about. we definitely need people who live around, maybe beyond. thank you very much. we will talk again at our continued meeting. supervisor mar: we are continuing this item until -- what was the date? to the call of the chair. we will make sure it happens. ms. stokes are there any other items before us? supervisor mar: with no other item before us, the meeting is adjourned. thank you.

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want to get rid of? >> why throw it away when you can reuse it? >> it can be filtered out and used for other products. >> [speaking spanish] >> it is going to be a good thing for us to take used motor oil from customers. we have a 75-gallon tank that we used and we have someone take it from here to recycle. >> so far, we have 35 people. we have collected 78 gallons, if not more. these are other locations that you can go.

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>> welcome to the regular hearing for thursday, october 28, 2010. the planning commission does not tolerate any outbursts of any kind. please turn off any mobile devices. when speaking before the commission, please speak directly into the microphone and state your name for the record.

at this time we would like to take roll. [roll call] thank you. first up, commissioners, consideration of items proposed for continuance. president miguel: prior to starting the agenda, i think the director had some business? >> thank you, mr. president. i am very pleased to announce to the city and to the commission that scott sanchez has been accepted as the new zoning administrator. we're very pleased to have him on board. he has shown great excellence at this position the last three months and we're very pleased he

will be the city's new zoning commission -- zoning administrator. [applause] >> i would just like to say thank you to the director for showing confidence and trust in me. it is a tremendous honor to be the zoning administrator and serve the city of san francisco in this capacity. it has been an honor to work with this commission and the board of appeals, with hpc, and also with staff. that has been a tremendous experience for me and i am looking forward to it. thank you. president miguel: thank you. it is not the easiest position in the world, so we appreciate you coming at it -- coming into it with the experience to have had. sorry to disrupt. >> quite all right.

first up, consideration of items proposed for continuance. there were no items proposed for continuance, although we have just received a request for an item under consideration, findings and final action, as well as the first item on the regular calendar for case number 2007, pacific avenue, the certification of the environmental impact report and the conditional use request. request from the product sponsor to continue until december 2, 2010. -- from the project sponsor. president miguel: is there any public comment on the item for continuance? if not, public comment is closed. commissioners? commissioner antonini? commissioner antonini: i would be in favor -- i think we could

take up that one continuance now on 1645. i would be in favor of that. i know the project sponsor is working with the neighborhood and other groups and it makes sense, and i believe the date was december 2? >> yes. commissioner antonini: in that case, i move to continue the item 10 and 11 to december 2. commissioner sugaya: second. >> on that motion -- [roll call vote] so moved, commissioners. those items will be moved to

december 2. also, there is a request from the supervisor campos to hear item 16, the proposed ordinance for the case. i believe we will be accommodating that request and hearing it out of order, first on a regular calendar. president miguel: at such time as the supervisor is here or his representative. >> even better. next, commissioners, is the consent calendar. all matters listed here constitute a consent calendar considered to be retained by the planning commission and will be acted upon by a single roll call vote of the commission. there will be no separate discussion of these items unless a member of the commission, the public, or staff so requests, in which event the matter shall be removed from the consent calendar and considered as a separate item at this or a future hearing.

item one, 2010.0311c, items 2a and b, 500 capp street, request for conditional use authorization and variance. item three, case number 2007.1117c 1731 paul street, and item four, case number 2010.068 2c 2332 taraval street. i received some speaker cards. president miguel: i will call the card. if you wish to speak on it, we will take off the consent calendar and we will hear it at the beginning of the regular calendar, depending on whether or not we have to take the health care legislation to interrupt the order.

elizabeth sweet, david? if you would come up? >> i noticed a lot of the neighborhood -- president miguel: you just wish to take off consent and here at the regular time? >> yes. president miguel: okay, that is sufficient. we will hear it later. >> my name is david, and we can hear it later. president miguel: ok. is there any other comment on items proposed for the consent calendar. yes?

>> i object to the consent, 500 capp street. president miguel: okay, is there anyone else who would wish to speak? if not, public, disclosed. commissioner sugaya? commissioner sugaya: i would like to take item three off consent. president miguel: okay, that would be three, four, and two. ok, commissioner antonini? commissioner antonini: i would move for approval of item number one on consent, which is all that is left. commissioner borden: second. >> on the motion to take action only on item 1 under the consent calendar, case number 2010.0311c -- [roll call vote]

so moved, commissioners. you are now under commissioners questions and matters. item 5, consideration of adoption draft minutes of regular meeting for september 2, 2010, october 7, 2010, and october 14, 2010. president miguel: commissioner sugaya? commissioner sugaya: i was going to move on approval. commissioner antonini: second. president miguel: is there any public comment regarding acceptance of the minutes? if not, public comment is closed. >> on that motion to adopt said minutes -- [roll call vote]

that motion passes, 6-0. item six, commission comments and questions. commission president miguel: eric anthony? commissioner antonini: my congratulations to scott sanchez. very popular in san francisco. congratulations, scott. on another item today, today's "chronicle," great area -- great article on the area south of the china basin. there were a couple of things i think the public should know about that. the area is large, and there is talk of an arena that would only take up a portion of that. my calculations are only maybe 25% of the available area, so there is room for more development, still consistent with the parking needs which the giants have, which i think would

be sufficient for the arena use. the second thing about the rain is is not just focused on the warriors or an nba team, which is very important, but i think that arena, that facility would get used as many as 300 days a year because it is such a good location. i have talked to a number of people in the entertainment area, and they feel it might be a site for major concerts' because people want to be in san francisco and its accessibility is terrific. i think it would be a great economic boom, not to mention other things we cannot have now because of the facility not being there. i have mentioned major political conventions and other events that require that kind of facility. it would be great, but much more can be done at that site in addition to just that and that would help it make -- help make it more sustainable. that is a great article if the

chance to read it. president miguel: commissioner sugaya? commissioner sugaya: i had an opportunity to attend the scoping commission for the academy of art tuesday night downtown at one of their facilities, at post and mason, i think it is. there are quite a few people there, but it was interesting to the extent that it kind of reminded me of some of our hearings, where 90% of the people who were there sung the praises of the academy of art university rather than talking about what should be covered in the environmental report. and i think that we can expect the same at future hearings, or people from as far away as copper coast account came to testify -- as contra costa

county came to testify. in any case, there were other targeted comments, and i don't know if it was that truthful, but i know it is part of the process. president miguel: i also would like to individually complement scott. i appreciate the work you have done so far. it has been interesting, from time to time i watch on tv the board of appeals, and i think you represent the department extremely well, and that is greatly appreciated. during the week, i have had occasion to interface with some of the members of the hpc, both sides of the pacific project that will be before us. i have had the pleasure of being on a panel monday that was chaired by john king frum "the