the tapes and mynas will say something. i am a proponent of global food facilities. i appreciated the comments of the permit holder and rep and i thought they were compelling. i also found for the particular permits that were in my absence , i thought the people who came to testify, they had significant issues and i appreciated that everyone was able to articulate them. this is -- presents an interesting development in our city. i am very hopeful that the project or whatever we can call it, these food facilities get a chance to see if they can actually do something for our city.

i'm not inclined to deny -- uphold -- i am not inclined to grant the appeal. there is no objection to that. >> to uphold this permit on condition that the location at 50 california and 61 beale be struck from the permit. >> is it uphold the permit? >> grant the appeal. granting the appeal and conditioning the permit. modifying it. >> would you like to state basis for the modification for

striking those locations? based on like food provisions? >> if i could refer to testimony and evidence that was given to us at the last hearing having to do with issues in particular for me and others might have different feelings, issues having to do with the fact that a permit was granted by dpw that would put the operator in violation of parking laws is why i was opposed. we're looking for something else? >> -- were you looking for something else? >> the reasons for striking 50 california. >> i was not aware we had overturned. if you want me to get into

that, my feeling is the legislation as written and the findings as presented referred to things having to do with revitalization of the streetscape. it seemed to be unnecessary for that part of town. even though not strong evidence was given that a food truck or mobile food facility, because it would have lower operating costs, it would put the other operations, the brick and mortar operations at an unfair disadvantage. those were my considerations. do you want me to phrase that more tersely? >> i can give it a try. on the basis of -- the last thing you spoke on. insufficient evidence that the lower overhead of the food trucks would give them on -- an unfair competitive advantage.

>> there was insufficient evidence 9. >> that it might give them, yes. >> right. >> it also did not -- the findings went to the fact that in revitalizing the streetscape by having mobile food facilities, it would then improve the overall business in san francisco. and i find that troubling. i do not know if we had any evidence that was necessarily in that particular part of town or that they would necessarily do that. and not to be critical of dpw. i found the hearing, the minutes from the hearing, the

representation of what went on at the hearing lacking. >> the mobile food trucks would vitalize those areas. does that work? >> perhaps the more general finding that these locations is not in the best interest of the community. article 26, discretionary. >> i would get behind that. i am not certain i would get behind the more detailed recitation of reasons. we did hear a lot of evidence. >> we were responding to the criteria upon which the permit was issued. the issues upon which the department looked at in terms of clearances around in terms of walking.

>> i am comfortable with the more general statement as articulated by our city attorney. that would not be in the best interest of the community. >> absolutely. i like that better than what i felt was the recitation of reasons for my opposition. >> the motion is from the vice- president to grant this appeal of holding, modifying this permit on condition the location at 50 california and 61 bill -- beale be struck that food trucks are not in the best interest of the community.

commissioner fong, aye. commissioner hwang, aye. this is upheld. thank you. president goh: we will move on to item seven. protesting the issuance on october 282011 to the viet duong company, ltd. mobile food facility permit. we will start with the appellant. is the palin here? yes. thank you. you have seven minutes. to present your case.

>> i am the vice-president of general manager, located at the corner of bush and samson. i am here, i work for the agent representing, the owner of the building. located out of frankfurt, germany. i am here today to protest the issuance of the permits to the company. at one bush. despite the fact that this is not our building where the permit is being issued, this is

the reason i brought this poteau. to show you -- it is hard to see because it is small. this corner right here is the corner where the permit has been here. president goh: a wonder if you could slide the picture over because you are off the screen. >> the other building is -- that is where it will be located? >> i believe so. we have two mobile food trucks. permits have been issued for our building. the other is right here. we speak from our concern we have. we speak from firsthand experience at the adverse

effects we feel the mobile food trucks create in this corridor. we have concerns about our building. we have to trucks there currently. this permits have already been issued but we have concerns about the trucks that are there and the impact it has had on our asset. and the future permits will be issued for any other trucks in the area and the impact it will have. four of the concerns are crowd control, sidewalk access and maintenance, and additional cleaning costs and sidewalk maintenance, and the adverse effect it will have on our retail tenants because we have retail on the bottom of our building. we have a 22-story building. we have retail, wells fargo is located in this location. there branch. we have to other retail spaces on the ground level and there is a number of other retail tenants in that corridor. that it also impacts. and so the crowd control, i

brought some pictures to reference. >> you can swing the mike to make it more comfortable for yourself. >> this is kind of foggy. this is the san bueno, one of the food trucks that has a permit there. right outside the wells for aerospace. you can -- wells fargo space. the krona blocks the sidewalk access. we have also seen where people with disabilities have trouble getting around this crowd which creates issues for us. it is a path of travel for us. that is sampson, this is bush in front of our building. this is directly in front of our

building. we colored this curb white to make this a 15 minute parking because this was in front of the entryway. they have moved to this corner. it blocks the access. president goh: can erase the projector so that the fuller picture shows? is there anyway -- >> the other thing would be, this is a photo of the wall around the building on the corner where they park. this is, if you went out and look at it, this right here, we spend 15 20,000 -- $15,000 to $20,000 a year to maintain this of -- sidewalk. we have to keep it clean.

we are spending $15,000 to $20,000 a year to clean the walls because people are standing there in line and waiting for their order and they have their feet against the wall. and now it is to the point where it is damaging our walls and we are doing at $11.40 million restoration project. we have clean the building and here we are again dealing with this damage to our cookstown. we're not quite sure how we're going to get rid of these stains at this point. i wanted to show you after we cleaned it. here is another picture. this is the sidewalk. you can see the stains. if you're there is more pronounced. this is when it has been cleaned. it looks even worse than this. this is one of our ledges

outside one of our prime retail spaces. this used to be bank of america. they moved out when the lease expired. this is how the alleged looks. look how dirty this is. this is only a small what you will see -- we stop this during the day. they're supposed to take care of this and the tenants have to man the sidewalks and these pledges to keep the trash up. picked up. this is -- these are the same concerns we have for the neighboring building. this picture shows where the truck is parked and their parked at the meter and that meter is never fed. that is -- there there three hours when they are there for lunch. which is almost every day. we have ups trucks, federal

express, the post office, we have our contractors that are supposed to be parking in these areas and all those people have to pay and they do pay the meter. so, the other concern we have, and this last week, how it negatively impact our tenants. we are concerned about -- we do not feel the city is meeting the requirements and if they're getting permits their needs to be strong enforcement to protect the owners of this building and make sure the owners can continue to market their space and to bring tenants and businesses to that area. people do not want to be where it is dirty. they want to be where it is clean in a business district.

thank you. commissioner fung: do you know when the permits for those trucks have been issued? >> it has been over a year. these are things that are ongoing. these are true life issues we have experienced. >> you are on the southwest corner. >> that is correct. right outside the muni. commissioner hwang: this operation is on the southeast corner. you are separated by samson. >> it is across the street. >> i understand. let me go where i'm going. you bring up the issue of elevators. >> there is elevators on our sidewalk. not that i am aware of. i walked at the other day and i did not see a sidewalk. not in that area. commissioner hwang: there are no

elevators there. ok. that is all i have to ask. thank you. president goh: didno, this is o. we were disappointed. we are going to be coming here. we will be here from the very start. we are going to be on top of this, and we will have representatives going forward. it is of gaining an -- an ongoing process. >> the you want me to pass over her pictures gunman -- have her picture is democrats i think we got a good look at them.

-- do you want me to pass over her pictures? as i think we got a good idea of them. i did not work into that area of. thorax is on the other side. >> all the comments relate to existing units. perhaps we saw the same issue with permits, and if adversely affect that particular corridor. people want to be in a nice area. >> i kept referring to it as a truck.

that is not the same as the pictures you are showing? there 1/5 -- they are one-fifth the size. >> there is a wall the people in -- so we see that happening. >> is that a photograph you put on the overhead? >> is. >> i have one last question. texas? >> texas, from dallas. i knew you would ask that question. iraq's we can hear from the permit holder, now -- >> we can hear from the permit holder now. >> i am here on behalf of my partner. we were here last year in august

and in september and we were granted a permit to operate a food cart. we received the extended permit , and as you noted, the letter was mailed out on may 5, and we received a letter given on november 14 with the same issue, so i am here to clarify. let me try to show the concern. can you see that? >> i think we have abouthat.

>> first, concerned that we should close the station. we believe we require it 50 feet from the bus stop. if you see the picture, we are about 50 feet away from the bus stop and also one or two blocks from our station -- from the bart station. she is also concern the we blocked the building and the sidewalk from trafford. i believe we need a minimum of the sidewalk. -- we meet a minimum of the

sidewalk. numbersidewalk elevator access. for your information, our car is located on the yellow commercial. it is not located on the commercial parking zone, and also, in the letter, there is concern about a food truck. we do not operate a food truck. no. 3, and now the concern about additional cleaning and cost of the sidewalk, i believe our operation will be supplied by the trash can and also the recycle bin, and also, the city

requires a cleanup of about 100 feet from the business. we have a permit for that, too, and the last concern about the food smile, -- foods now. now we pack everything. i do not think they are going to smell anything, especially if we clean up after business hours. one more concern, the diagram sees concern. it is about half a block away

from the entrance, and i feel there is nothing to be concerned about, especially across the street from the building. merry-go-round our business area and -- we go around the business area asking for a supportive letter. in less than three days we get more than 100 people supporting us, so it might be closed based on all the information we provided. please give us the permanent and allow us to do business. thank you curi.

>> the card you indicate is 3 feet by 4 feet. the you have to resupply the carts during the course of the hour is your there on any particular day? >> can you repeat that? >> you have to bring more drinks or food during the day to resupply york aren't, region -- to resupply your cart? >> actually, we do bring some more food in. >> you would have to resupply

it? >> yes. >> about was my only question. >> you said you have a picture of the cart. can i see it nema? i think it is in the packet. >> you do not have a photograph? >> i do have photos. bikes that is what it looks like. -- >> that is what it looks like.

>> that is in our packet. >> ok. did you see it is clear? >> that is a pushcart, where are the wheels? >> actually it comes with wheels. >> is a glass case? interesting. france and it got approved. -- >> it got approved. >> wow. >> i think we are ready to hear from you now.

>> commissioners, the department of public works once again. i want to thank the appellant. those permits were issued by the police department. we will be following the merchants themselves and reaffirmed that their requirements under public works , which include managing customers as well as cleanup requirements as established under loughnelaw. this is to be located across the street.

let me provide a diagram. as you can see, the card was plays approximately two and a half feet away from the curved line. there is a seven-foot path awaw. and we will be directing the applicant to make sure they have aldina line that runs along the street to prevent blockage of the sidewalk. moving forward, we do understand the arguments. in this specific case, there is no blockage of the sidewalk