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tv   [untitled]    June 10, 2013 10:30pm-11:01pm PDT

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so, i think what this legislation does is or will do would provide a clearer path to all sides about what is allowed and where, really trying to understand how impacts pedestrian traffic, how it impacts our streets. and really striking that balance. we do have one of the most dynamic, if not the most dynamic food season in the country, and part of really integral part of that is what happens on the street. and, so, allowing for those entrepreneurs, expanding though spaces with the college and hospital campuses, looking at the impactses at the 1500 foot been has had around the schools and reducing those impacts, create more opportunities, where appropriate, ~ for this type of activity. on the flip side, we want to make sure that where a truck is located is, again, appropriate for the space. is there a lot of already
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existing pedestrian traffic around existing restaurants or other activities that make it not as combatable? and i think the supervisor's legislation really tries to address that, again, from the folks that i've talked to who are representing food trucks or have a food truck, they're not necessarily totally happy with everything, but they get that it's a vast improvement over where it is today in regards to their ability to know what's permit and had what isn't. on the flip side, i think folks who have brick and mortar restaurants often would want more production. looking at a thousand feet like in chicago. but that's not i think in a dense environment and, again, really trying to create a compromise that works best for everyone, something that in the long run made a lot of sense. i think what the supervisor and the staff and andres has been just a spectacular, really trying to balance and bring
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everyone together and integrate the conversation, he has done a great job and a great service to the city. so, we're here speaking in support of the legislation. again, it's a mixed bag that we're representing, but we think that in the broad scheme of things it is a great improvement over the existing legislation. so, thank you. >> thank you, mr. black. mr. cohen from off the grid. >> hi there, good afternoon. my name is matt cohen. i run off the grid. supervisor wiener, thank you very much and andres for what i think is a very -- has been a very earnest two years of effort trying to accomplish what is a really difficult task, which is how does mobile vending fit into a vibrant food scene here in san francisco. so, i appreciate that. i think that from the mobile
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vending perspective and the more than 50 people that i've talked to as this process has continued, i think that this legislation principally removes the subjectivity of the city deciding what is like food and removes the really unknown pieces of the existing legislation about the timeliness that permits will be delivered to them. just because right now the process can continue for so long. and i think that this legislation accomplishes that very effectively and hopefully will be a big improvement over the existing legislation. i can speak a little bit to the food or to the school's distance. i think that we would always defer to shorter distances from schools obviously. our market isn't students. our market for the most part are other people that might be near schools. and i think implicitly in the
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argument with the school lunch program is some question about how healthy the food delivered from trucks are, but there is no similar standard for convenience stores and restaurants that might locate near the schools themselves. so, i would just point that out as well. but on the whole i appreciate, supervisor wiener, your efforts, and i think that this legislation will do good things for mobile food in san francisco. so, thank you. >> thank you, mr. cohen. mr. boseman from boma. >> yes, hello, supervisors. john boseman with boma in san francisco. ken was the lead staffer for boma, but we did brief each other every weeks. i was fully aware over two years what was going on in the discussion. our members support this legislation. again, after two years of discussion, i think that we
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found a compromise solution to addressing location, distance, and other issues already addressed here. the effort to improve on the current law is appreciated by our members and help to improve the regulatory framework for future and mobile food permit applications. i appreciate your time. if there's any questions, i'm happy to answer them. >> thank you, mr. boseman. i would note dpw and mta are here in case questions arise for the agencies. i also want to note i've distributed, we have some technical amendments, nonsubtantive changes to the findings that i've distributed and also the city attorney has requested -- i guess the new trend is when we do definitions in legislation, we don't have numbering in front of them. so, we have the definitions as
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a, b, c, d, et cetera, under section 184.80. so, after public comment i'll be moving amendments to delete that numbering or lettering, i guess, and also to make the nonsubtantive changes to the findings. and then one last thing before we go to public comment. ~ we had had discussions during the negotiations about the issue of whether -- of brick and mortar restaurants being able to waive the 75-foot rule potentially if there was some sort of advantage for the neighborhood, of having a food truck within 75 feet. we're not there yet in terms of what that language would look like, so, those will be continuing discussions and possibly trailing legislation. but that was -- has been an on again off again subject of discussion. if there are no additional questions or comments, colleague, we will open it up to public comment.
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public comment will be two minutes. i have one public comment card, although i know there are -- i think there might be more here. through blue cards in the front. please fill them up and give them to the clerk. so, i will call up dee-dee workman from the chamber of commerce. ms. workman? good afternoon, supervisors. dee-dee workman from the san francisco chamber of commerce representing over 1500 local businesses in san francisco. the chamber commends you, supervisor wiener, and your staff for taking on this very complex public policy while seeking to balance what's best for both mobile food facilities and bricks and mortar food services, cafes, so on. it is important to recognize the benefits both provide to craft a policy that as best it can encourages and supports a wide variety of food and food services for san francisco residents, workers and visitors without stifling or encroaching upon either type of service. this legislation goes a long way in doing that, particularly
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the permitting and noticing requirements, the radius requirements, the parking restrictions and controls, and the enforcement provisions. we need to continue to be vigilant to ensure bricks and mortar restaurants are able to serve the public and mobile food trucks as well without either enjoying unfair advantages. this legislation attempts to ka achieve that goal and the san francisco chamber approves it and supports it. thank you. ~ >> thank you. i have two additional public comment cards. mike casso and carolyn kissick. thank you very much, supervisor wiener. mike [speaker not understood] located in the castro. we have a brick and mortar, opening up another brick and mortar and we also have two food trucks. so, i definitely understand both sides of the argument.
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i definitely commend everyone for all the hard work they put in. it's definitely a battle, but we have seen both sides and are very thrilled with the results so far. [speaker not understood] uponedth schools and the distance, i think there is a big misunderstanding about what a lot of food trucks and the quality of food that they are producing nowadays. i can only really speak for myself and what our company does, but we are extremely healthy, indian food from scratch. so, i take offense to some people in the past who said the roach coach is nothing but fast food. it's quite the contrary what people are able to produce nowadays in the food trucks. we understand the difficulties and we really look forward to a great compromise in the future. thank you. >> thank you very much. next speaker. and also before you go, let me call the other three cards i have. dan ross, stacey bartlett, and patricia [speaker not understood]. hi, my name is carolyn
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kissick. i am a restaurant owner of a few businesses in san francisco. we also have a food truck. i wanted to speak a little bit towards the waiver idea. i think that this is definitely something that needs to get passed in the long run, especially because of the differences in restaurant schedules. one of our restaurants is open for lunch and dinner seven days a week. our other restaurants is open only for dinner during weekdays. and then lunch and dinner on the weekend. we would not care if somebody parked outside of our restaurant during the week and had a food truck. we would actually probably like that. it gets more food truck -- i'm sorry, food traffic in front of our restaurant. it's good for the community. it's going to keep people in our neighborhood rather than going somewhere else during the week. so, i'm really looking forward to having something like that
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in the legislation [speaker not understood]. and then i wanted to speak to the distance about schools a little bit. i have done a lot of footwork, especially in potrero, on where the boundaries -- the biggest issue between, you know, 750 feet and a thousand feet is actually these schools are pretty close together. so, the problem is these overlapping areas where there may be like a small diamond area that's open, but there's nowhere to park within that. so, 250 feet can actually make a huge difference in allowing a full block where you could park a truck rather than, you know, a quarter of a block where you probably aren't ever going to be able to fit a truck if there's fire hydrants, et cetera. so, i think if we could keep it to the 750 feet, it would open a lot of space in the denser parts of the city. thanks. >> thank you very much. and actually, i raised the point i forgot to mention at
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the beginning, the 75 feet goes until 10 o'clock at night so that, for example, if a food truck wanted to seek a permit for the evening, say outside of a club so that people can have something to soak up the alcohol, they could do that. but as is currently the case, nighttime permits would require noticing to residential neighbors. so, with that said, go ahead. my name is stanley roth. i own the stanley steamer hot dog stands. this is our 39th year in business and i just wanted to thank you, supervisor wiener, and also to thank andres for being so accessible and understanding. what's happened to me is everybody talks about food trucks, this baby in the background was getting thrown out with the bath water. and some of the things that didn't quite address my business properly are fixed in this ordinance. so, i wanted to thank you, thank andres, and thank supervisor kim and president chiu for all the support i've gotten from you all over the years. thank you. >> thank you very much.
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[speaker not understood]. hi, i'm an sfusd parent and also on the food and fitness committee and i just want to thank you for listening to us and taking the district's concerns to heart. i would love to see a thousand-foot limit for all of our secondary schools. but having said that, i understand all of the things that you're trying to weigh. i myself am a food truck patron and i will say that it's not necessarily the quality of the food that somebody stated earlier, but more about the access and ensuring the stability of our school lunch program that we've worked so hard to improve. the vendor that we have now is outstanding and we're hoping that that would be enough to compel kids to stay in because the quality of food that's being served inside the schools is no longer a question. but the lure of -- i mean, it's something difficult redthctionv, it's something new and you can get a tweet about
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it and hear what the hottest newest thing is out there. ~ different and there will be some kids that will be able to go and take advantage that of and some that will not, and that will degrade the social standing of the lunch program and that's one of the things that we're concerned about, that it is an equity issue. i would implore you to please produce a map. i think that would make it a lot easier for everybody to see, as an earlier speaker mentioned, an overlap. i want to be sensitive to that. i like having food trucks and i know there are a lot of other workers in the city that would like to have access to them as well, but it might be able to help refine that 750 versus a thousand foot radius that would make everyone happier. thanks. >> thank you. next speaker. patricia [speaker not understood], cal hollow neighborhood merchants. we are in favor of food trucks and this is an improvement. however, there are some problems we have. number one is in our meeting with you with the district
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council merchants, you promised that we would see this legislation and we'd be able to have comments in it before it was presented to the public. it simply did not happen. you also promised a member of your group -- your district that he would see it and it has not happened. we feel that some of the legislation, because of the makeup of the group that you worked with for two years, did not include the district council of merchants and other small merchants groups as a balance within that committee, and we would like to put some comments in. i'm asking for a continuance on this so that we can have all of the stakeholders at least have a chance to have a comment. the advertising on garbage cans, our brick and mortar aren't allow today do it.
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we get fines. the [speaker not understood] was taken out. our small [speaker not understood] stands will go out of business if you put a taco truck in front of them and [speaker not understood] needs to be -- needs to be defined correctly because it wasn't before. we're asking for continuance mainly because you didn't keep your promise. and we would like to have the right to have input into this legislation as well so that we can have one legislation and not have to keep come back amending it and amending it and amending it. and i think we can do it in 30 days. thank you very much. >> thank you. is there any additional public comment on these items? seeing none, public comment is closed. [gavel] >> colleagues, before we get to discussion, in terms just so i don't forget the two amendments before us that i described
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before, unless there is discussion about that, can we take those amendments without objection? so ordered. [gavel] >> okay. so, colleagues, i want to thank you for participating in today's hearing and thank you to everyone who came out. and also particularly to the folks who -- from the many different communities who are involved in helping to formulate this legislation. we did do outreach very extensively and actually had several quite large meetings over time, in addition to going out and speaking either by phone or meetings with different merchant groups, or business improvement districts. so, there was quite extensive outreach. as has been indicated a few times, this legislation did result from significant back and forth negotiation, sometimes very contentious negotiation, quite frankly. this is not an easy issue. and i think we came up with a
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good accommodation, both with respect to the 75-foot rule, et cetera, and also with respect to schools. and just as a reminder, we started out with 500 feet or one block for all middle schools and high schools. the youth commission overwhelmingly almost unanimously endorsed that blanket 500 foot rule as reduced from 1500 feet. but despite the fact that we got strong support from the business commission, from the youth commission, from others, we nevertheless took to heart the concerns of the school district. and, so, for the bulk of the high schools we did increase it from 500 feet to a thousand feet. but we also tried to be very careful and thoughtful. and because, as i mentioned, there are some schools that are so embedded in the middle of active commercial areas where there's a lot more going on other than just the school, we
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-- i believe that 750 feet would be appropriate for those schools. you know, of the three schools, i know them all pretty well. the one i know best is mission high school, which is right in my district. and if you look around mission high school in terms of the two truck in dolores park that's probably 3 or 400 feet away, and the many other items of food that are being sold legally or illegally in dolores park, if you look at the cervesaria that's catty-corner, the buy right creamery which is maybe 75 feet from the periphery of mission high school, not to mention everything else that's along 18th street in both directions, east and west from mission high school, i think to suggest that food trucks or the difference
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of 250 feet is going to have any kind of meaningful impact about whether kids stay on campus or go off, whether they go to one of the tacarias, that's right down the street on 18th street, i just don't -- i just don't agree with that. and i think that for these school where a thousand feet or 1500 feet will have a significant impact just because of the density of commercial activity, and, so, 800 is going to be more of an impact than 750. 750 is more of an impact than 700. there is nothing magical about 750 or a thousand just like there was nothing magical about 1500. these are just general judgments about whether it should be a block and a half, two blocks. i just don't see that having a significant impact on the kids and on the school lunch program given how many options they already have. but conversely, there is
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definitely an impact on the ability of the surrounding neighborhood. if the neighborhood wants it, because people can fight these permits, on that neighborhood's ability to have this as an option. so, i totally respect the school district's position and, in fact, we gave significantly compared to the original legislation, but i think that what is being -- what i'm proposing today is a good accommodation and i think it deserves support. are there any additional comments? >> actually, i was curious as to how there is a truck in dolores park. so, how are they able to carve an exception? is it because it's rec and park property? >> so, the public works code -- the school restrictions in the public works code are only about streets. it's only the streets. doesn't cover parks, it doesn't cover private property. so, rec and park can put a food truck -- if rec and park wanted to -- they haven't done it -- they could put a food truck directly across the street from
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a high school. there is a high school across the street. in addition, a private property owner, if they have to have a parking lot across the street from the school, could lease out to a food truck there. and the city doesn't regulate that distance. it's only on the streets. >> um-hm, okay. i don't have -- i don't have a huge argument, i guess, policy argument between 750 and 1,000 square feet. it's really hard for me to determine that without seeing a map again. for me, i would rather have consistency. i would rather we have all high schools be at 750 or have all high schools be at a thousand. i just don't have a strong feeling about what -- which one it should be unless i get a sense of what the boundary lines would be, so, what the impact would be to the food trucks. so, if there's anyway we can get a look at the map, that would be really great. i just don't -- i don't feel comfortable taking a position right now, kind of between the
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school district position and i guess what the legislation that's come forward is until i get a sense of what the impact is to the food trucks. but i will say overall, actually, when this legislation in many ways first came to the board several years ago, i actually didn't agree with the legislation then. and i actually -- even the food truck industry has evolved since then, but i do remember the food truck in front of gallileo high school. it was literally at the entrance. candy bars and potato chips. that's the kind of activity we wanted to discourage. on the same side, i felt a lot of sympathy for -- one of the tacaria trucks before o'connell before the school was even there. i thought it was unfortunate that truck had to move because of this new legislation, even though it had gone through additional strides to not sell to students, et cetera, i thought they had gone out of their way to figure out how to continue to be part of that neighborhood. so, i know that this has been a
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long-term discussion both between parents, schools, and of course the city. i just wish that we could get an understanding of how this impacts food trucks because if it doesn't then i think i'm slightly leaning towards making it a thousand. if i get a sense of the map and how it really impacts in certain neighborhoods and i'm open to 750, but then i think it should be that way for all high schools. so, that's just my position right now. >> here's what i would suggest, supervisor kim. since we had eight days between now and the tuesday this would be at the board, and we're talking i think really about three schools where it's at issue, where it seems to be a dispute, if we can put it out of committee, and i think it would not be that big a deal to come up with that map of the three schools. when you're talking about doing it for every school in the city, which we actually did do when we first started with the
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legislation, it was a huge, huge labor intensive task for the department of public works. and, so, i think over time we've been hesitant to keep going back and say, okay, now redo the map this way, redo the map that way, because i think it was a pre big imposition on the department. even the school district i think acknowledged that because it didn't do the map itself because it is a very labor intensive thing. but i think for three schools, i think we could do that. but i do think that it would make sense to put this out of committee today. as i indicated, we've been going for two years on this and it seems like there's one relatively modest area of discussion. >> i'd actually prefer for all seven schools, not just the three schools that are in dispute. i don't get the -- i honestly didn't understand the distinction between those four schools and these three. so, i'd like to look at all
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seven schools. again, i feel very comfortable with items 3 and 5 so i'm happy to forward that with recommendation. i'm curious to see how president chiu feels about item number 4. >> i would say that item number 4, the school district aspect of it is actually one relatively small piece of it. item number 4 is actually the heart of everything. that's where the two years of negotiation really -- >> i understand. >> -- centered. president chiu? >> first of all, let me say at the outset, i am a big fan of food trucks. i actually wish that rather than just every friday we had food trucks most days of the week outside the civic center. i have been known from time to time, like my other colleagues do, show up incognito from off the grid. [speaker not understood]. that being said, i've been very sensitive and i appreciate the fact -- the organizations that have worked hard over the last two years to represent our
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already existing restaurants, have done what they did. in fact, i have told them, as i think supervisor wiener probably heard through the grapevine, it was important to me that our existing restaurants or existing building managers, fishermanance wharf district, benefits, that they be part of an agreement before i would be prepared to support legislation. and i would not have if those voices had not been at the table and had not come to this carefully crafted agreement. i do have to say i have sympathy to what supervisor kim has raised. i would like to see a map as supervisor kim would, although for me i'm interested in the three schools, in particular gallileo which is right on the border of my district. that being said i'm happy to support moving this out to the full board with recommendation with the understanding we will very likely have another conversation about this narrow issue. i guess my perspective on that issue right now, just to share as well, i would be fine
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probably having those schools go up to the 1,000 foot mark. i understand this was the result of a very carefully crafted negotiation. and one question i would just put out is whether in a year or two if it turns out whatever we end up deciding, that there is not kind of the outcome that we're looking for, that obviously i'm sure that the sponsor of the legislation and the rest of us would be prepared to potentially tweak some of these rules if it's not working out for the school district and for our students. so, that's sort of a longer term point. but all that being said, i'm okay with supporting this to move out of committee with the understanding that this particular issue will probably revisit and need to have some further conversations before this gets to the board next tuesday. >> great, thank you, president chiu. so, what i would recommend is that we -- if we could entertain a motion to move these out with positive recommendation, and then we will work to get a map together with the 750 and a thousand,
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prioritizing the three schools, but attempting to do all seven schools this week so that we can, so that we can have that ready before the board convenes a week from tomorrow. >> can i ask who the point person would be on that? >> andres power from my office will work with mr. kwan from the department of public works to put that together and we'll make sure to share with the school district. >> i was looking at google maps and a mile and a half from gallileo. does it [speaker not understood], is it a block-and-a-half from the school fields? >> it's the entire school property, which can be quite large for some of our schools. and then it's however many feet circular around, around from the property lines and some of the property lines actually go beyond what you may think they go. >> so, given that again, i'll
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just [speaker not understood], i understand there was a representative who was at the table during moat of these discussions. i do see that i think a thousand feet from gallileo would cut into the fisherman's wharf community. understanding where they stand on that issue would be important to me. ~ and given that if you include the athletic field that really does step into the fisherman's wharf neighborhood, that's a perspective that would be [speaker not understood] for me. ~ most >> great. is that a motion, then? a motion with recommendation, and then separately we will work hard to put that map together. so, any further discussion? okay. can we take that without objection? that will be the order. [gavel] >> thank you, colleagues. madam clerk, is there any additional business before the committee? >> no, we have no further matters. >> then we are adjourned. thank you, everyone. [gavel]