>> we don't have the restroom form, and before they would operate, they would be required to have that forms signed atdph. -- at dph. so this is the global food facility permit issued by the department of public health. there is a separate document that supports this, that we don't have to provide to you today. >> we can hear from the department now.

>> of the department has submitted a brief to you earlier. i don't want, necessarily, to go back and repeat those items. there is testimony that the department would be to respond to. one of the appellants question to the environmental review as it relates. we had checked with the planning department, have the environmental review officer stated that each permit in this specific case does not require ceqa review. the program itself went through that during the legislative process. there were questions by the various appellants specifically as it relates to the battle.

the issue as it relates to a parking, let's talk about the bathroom tissue. the bathroom requirement is a requirement by the department of health through the california health and safety code section of the law. the bathroom needs to be within 200 feet of a mobile food facility. it is helpful for an applicant to receive a certificate. if that is not satisfactory, the health department will notify the department and the department will suspend any proof met -- permits. it is established by the department of health. if the department received

notification from the san francisco fire department, if it is invalid, it will suspend the mobile food facilities and will not be allowed to operate. the department would then continue into the various agencies -- and given some reasonable time, they will revoke the permit at that point. there is a question as it relates to the enforcement of the health code. the health code and administrative codes beyond the jurisdiction of the department, in the beginning of the mobile food program, parking and traffic, receiving confirmation

stating that they would continue for a second time and received a response. our understanding is that traffic regulations will be enforced. the permit provides a time frame. it doesn't mean the public and that receives a permit will be there on those days. there are no parking spaces available. they need to move on in those specific cases. and the department as it relates to like foods, specifically.

i will provide that in the second briefing to the commissioners that under the department order, like foods is very specific as it relates to the ethnicity of the food. the comments from oasis of real , that is my recollection. it was not present at the directors hearing in the testimony. i have no knowledge in this case. there are many questions in this specific case. and how the department is processing.

the law is very specific, it is executing that policy by the supervisors and the mayor. it will be the appropriate permits and evaluation. as it relates to these

executions of the program. in the department does not believe in following the process that we provided notification to the public in an inappropriate manner. that we evaluated the objections and concerns by the various stakeholders and processed to the permit correctly. in many cases, as you can see from the decisions by the director, some of patients were approved, some were denied, and others were conditioned for six months with a hearing possibility. and additional information can be provided at a potentially a new decision will be rendered

based upon additional information. the department would urge the board, in this case, to uphold the decision. i am here to answer any questions that you may have. president goh: i hear you talking about parking, but the specifics of overstaying the meter, for example, the construction question, can you address those specifically? >> as it relates to construction, the legislation is very specific to that. if there is a construction site or a street event, the department can temporarily suspend the mobile food facilities permit to operate at

that location. as it relates to the parking concerns, the department of public works to continue to reach out at the mta. they have informed us that they will be enforced. president goh: how much has to go to each of these individual agencies? >> and the new global food program, for the applicant, they would apply to us for not only the dpw permit, but the fire department to continue that process.

it will approve specifically. it is required for the facility, and they have a tax certificate. president goh: that includes the certificate of sanitation? so we should have had on hand tonight? what idea and the financial district is already saturated and is not in the of the vitality for the culture, the vital culture? >> i can't speak from the department perspective, but the first appellant stated that

there are 30 some odd restaurants. chipotle will be operating in a very short time. i am not certain in this case whether, in this specific case, there are 32 restaurants and chipotle that would create a situation. it doesn't appear that there would be an issue as it relates to competition. >> it was suggested that there are limited numbers of food dollars in any given day. >> in many cases, we approve certain permits because one of the arguments was financial losses.

again, it is currently no information or no study from a municipality that we know of. we have a meeting with the representative from the city of portland. even they did not have the study. where money is being transferred for food, and these specific cases. there are more facilities operating in front of city hall. the business appears to be doing well. these eateries, they did not

appear to be losing any business at this point. at least not from a cursory review. president goh: the observations seems to me to beg the question. we don't have very many options right across the street, but in the financial district, there are many options on any given block. >> the department to recognize that. and we review when applicants apply for areas that are congested. we would make certain recommendations as to the possibility and whether the department will support the application. in many cases, it cannot reject or deny an application.

>> and it has like food, we have seen the pictures in the menus. would that change the outcome? >> my understanding was that it was not present during the directors hearing. given that information, it could be -- at the hearing officer may continue to recommend moving at a minimum of 200 feet away from this location. president goh: thank you. commissioner garcia: mr. kwan, do you have dp order 71944, article 5.8 of the public code in front of you, sir? >> yes, sir.

commissioner garcia: there's an i -- it would be page four, i- 2. the language is on page 5. and you think there is a distinction to be drawn between like food and similar service? >> there has been a historical argument throughout the various cities that we discussed as it relates to food. commissioner garcia: i want to know whether or not the concept of like food -- also it talks

about the fact that it is a similar type of food product. i am asking you if you think that is in counter distinction of like food. is that one concept? >> it is 1 in the same as the with the department interprets its. commissioner garcia: the sentence is written that the interpretation that one ought to give is that someone is selling food to go, it is a similar type of operation. it seems as though they try to encompass both concepts theory it seems to me as though the idea that these are operations where the food is to go, it would be in direct competition.

>> i would agree that the wording and the phrasing could have been better written in the order itself as part of the guidelines. the department will lead to a knowledge of the mobile food facilities. the food trucks and carts are by very nature -- you buy it and move forward. if the suggestion is that it is convenience food, you will be eliminating overall by that very definition, for example, if there is a 7-eleven that serves packaged sandwiches, that is convenience foods. it will then be deemed to direct

competition. commissioner garcia: and may be reasonably so. >> it would be an incredibly difficult as the legislation is set up for anyone. commissioner garcia: i guess at what be easier, for our job, and i mean this very respectfully, if we had seen the hearing officer's report and we gotten something greater than the vitality of the neighborhood. it seems as though a big part of this has to do with the effect negatively and positively on these. we will deal with that ultimately when the commissioners have their discussions, were each and every

point, at least the major points that came out, having to do with the location. the problem is probably not with legislation as it is with where the trucks will be located. were some of these points discussed? for all that was ever written was the findings? >> i will have to go back and check with the hearing officer. commissioner garcia: it might be hidden away somewhere? >> ha it might possibly be. president goh: any other questions, commissioners? we'll begin to take public comment. can i see a show of hands of people that are interested in

speaking. great. commissioner garcia: i see one individual with a hand up that is an appellant. >> appellants are not able to speak under public comment and representatives are not entitled to speak under public comment. your time was given during the first half of the proceedings and there will be three minutes of rebuttal. let me see the show of hands again. commissioner garcia: the man in the back again -- >> mr. isaacs, you can't speak during public comment. you cans peak during -- can speak during rebuttal. president goh: we are going to take public comment in a minute.

that we are trying to make an assessment for how long. >> we will give two minutes to each person. i would like to invite the director of the small business commission to speak first. president goh: absolutely. >> regina, director of the office of the small business commission. our office was involved in creating the new regulations for the mobile food, so i will be here to make myself available and i have been monitoring the permit process and the hearings. i have written a letter to you and it should be in your package recommending that the board of holvis the recommendations for

these permits -- the board upholds the recommendations for these permits. many of the comments that you heard any concerns from the appellants that we have heard in other hearings fall in a policy matter as it relates to how the program is structured and is not so much how dpw is interpreting the regulations. because of this, supervisor wiener has convened a couple of meetings and we have put together a task force made up of my office, his office, golden gate restaurant association, mat cohen and la cocina. i want to let you know that high a lifted out some of the areas that we are addressing.

here are improvements that can be made to the program. since the program is new, these are new permits and should not have a bearing on the issuing. and with that, i will leave it at that. president goh: i have some questions about the letter. the paragraph you wrote about noticing and how applicants are going for full days when they want to-four hours, that affects the noticed. -- want 2-4 hours, that affects the notice. >> it causes great alarm and we are seeing this and many of the permits. because of the noticing requirements, they are fairly cumbersome and not necessarily knowing because the program is

new, just exactly what will be issued, they are noticing that they would like this particular location and i will notice a full window of hours knowing that it will be scaled down because they may not know at that particular time, if there were other trucks that applied for a permit in that particular location. the notice things that are going out are noticing multiple days, long hours of operation. it was expressed in the hearings as a concern for many businesses and property owners. i think one of the commitments -- and how can we help the applicant to narrow down what they are asking for so that when

the notices go down, and they are reflective of what the permit is requesting. i would say that as more of a flaw in the system as opposed to how the regulation is written right now. president goh: could you also talked about the zoning modification and the financial districts? >> as the legislation was written, in terms of where the permits are currently allowed to operate, it is -- do you happen to have a map? it is targeting commercial areas. things we have seen where trucks have been interested in operating but are not available, that is around hospitals, medical institutions, city college, and

those are surrounded by residential areas. currently, they are not allowed to operate and issue a permit. also, at the time that the legislation was written, supervisor dufty agreed with the school board not to allow mobile foods within 1,500 feet of a middle, jr., or high school. from 7-5 monday-friday. it has also resulted in significant areas, commercial areas that trucks are not allowed to get permits monday- friday. what we are going to be opening up the areas around hospitals, the higher educational institution that we are drafting

the legislation for that now. we need to have a new discussion with the school district. president goh: i imagine that will be interesting. your letter, when you talk about the zoning modifications, you say that those areas the you just name, they should take some of the pressure off of the downtown financial districts. that is something that i don't quite understand. if you bring services into areas that are needed, it doesn't -- the way this is worded is that there is some finite number of mobile food trucks met you want to get out. >> i don't think the program was designed to specifically say

that mobile foods was only to be in areas where it is needed. it was not designed from that perspective. what we see, because of a pretty narrow area of the city, that is where applications are going. >>it is hard to see but there we the circular areas where the mobile food trucks were not allowed to operate during monday-friday, 7:00-5:00 during the school district areas. that is a large part of mission streets.

this is the area in the financial district south of market where a great number of the first permit applicants applied for their permits. as you can see -- where sf state is, city college, ucsf, the hospitals, st. mary's, they are in residential areas. it is hard for me to pinpoint it out on this map. president goh: i understand your point. thank you and. vice president garcia: when i read your letter, i was struck by the 1,500 feet radius and no consideration given to whether the school had an encant