>> clerk: members of the public, we are still in session. [gavel] would you like me to call the item mr. chair. >> supervisor sheehy: yes, do you want to call the item. >> clerk: thank you. agenda item number 2. [ reading item 2] >> supervisor sheehy: we shall continue this if there is any public comment. would you guys like to continue? >> given the comp hen sieveness

of the presentation that we have prepared we don't have enough time today, so we are happy to continue this item and come back at a future meeting. >> supervisor sheehy: do we have any public comment on this item? seeing no public comment we will continue the item, and i apologize. >> clerk: motion from chair. >> supervisor sheehy: without objection thank you. is there any further business from the committee today? >> there is no further business. >> supervisor sheehy: meeting is adjourned.

>> we expect commissioner bobbie wilson a little later. to my left is deputy city

attorney brad russi who will provide the board with any needed legal advice this evening. i am joule rosenberg, the board's executive director. we will also be joined by representatives from the city departments that have cases before us this evening. we expect cory teague, assistant zoning administrator who also representing the planning department and planning commission, joseph duffy, the senior building inspector who represents the department of building inspection, and we will be having a special presentation today from the san francisco public works, and jonathan rubing, a senior environmental health inspector representing dph and captain mary zee from the sf fire department. we do have some board meeting guidelines. the board requests that you turnoff or silence all phone and electronic devices so they

will not disturb the proceedings. please carry on conversations in the hall way. the board's rules of presentations are as follows. appellants are each given seven minutes to present their case and three minutes for rebutt al. people affiliated with these parties must provide their comments within these seven or three minute parties. members of the public who are not affiliated with the parties have each up to three minutes and no rebutt al. to assist the board in the accurate preparation of minutes, you are asked but not required to submit a speaker card to board staff when you come up to speak. speaker cards are available on the left side of the podium. the board welcomes your comments and suggestions. there are customer satisfaction survey forms on the podium for your convenience. if you have questions about requesting a rehearing, the board rules or hearing schedules, please speak to board staff during a break or after the meeting or call or visit the board office. we are located at 1650 mission street, room 304. this meeting is broadcast live

on sf govtv, cable channel 78, and will be rebroadcast on fridays at 4:00 p.m. on channel 46. dvd's are available for purchase on sfgov. now we will swear in any members of the public who wish to testify. if you intend to testify at any of tonight's proceedings and wish to have the board give your testimony evidenceary weight, please stand if able and say i do after you are sworn or affirmed. do you swear or affirm that your testimony will be the truth, the whole truth, and nothing but the truth? okay. thank you. okay. we will move onto item one. it's a special item tonight. we have special presentations by the fire department, department of public health and san francisco public works on

how each department reviews applications for the mobile food facility permits, so please approach and identify yourself. >> good evening, president fung, vice president swig and fellow commissioners. an lazarus, bobbie honda, i'm raul shaw with public works. i'm hoping to provide a little bit of clarity. i did provide a very brief presentation, but it looks like it's not coming up. it's more just guidelines. you can i can go ahead and -- there it is. okay. so i'm here today to speak on the mobile food facility process, and i understand there's been many mobile food

facility cases in front of the board before and most of the presentations have been from public works and hopefully today we can provide a bit of clarity and with the help of my colleagues at health and fire and also show how we do our collaboration and make referrals over to our sister agencies. sorry. got a little shifted on the presentation. to provide a little bit of background, the mobile food facility permit was first introduced in 2011 under ordinance number 29810, and this ordinance transferred jurisdiction from the police department to public works to issue mobile food facility permits in the public right-of-way. this ordinance repealed article 17.2 from the police code which was regulations for mobile caterers, and it established the public works code which

grants the public works authorization to issue public works permits for use in the public right-of-way. it is later amended and this was just to change certain permitting process provisions and add certain restrictions. this didn't necessarily change the way we collaborated with our sister agencies. for example there was a restriction added on there that you could operate no more than three days per week as opposed to seven, so it was more operational requirements and restrictions that were added through that ordinance. so ordinance 1193 is the current legislation and reflects the current laws under article 5.8, which is what public works uses as the basis for reviewing and granting permits. public works has jurisdiction through this legislation and the main items that fall under this, that fall under public work's purview is the permit requirements, meaning who is required to have a permit to operate in the right-of-way, application requirements, location requirements, notification requirements,

issuance of permits, and it also talks about violations, fees and suspensions for -- as it relates to public works. ordinance 182101 was also established as part of this, and this was kind of a rider to article 5.8, and it established more specific guidelines for the department. for example, article 5.8 doesn't outline specific application material. the order allows the department to set specific application requirements based on how the department submits -- based on how the department approves and reviews applications. for example, we -- in our order, we establish minimum sidewalk widths, whereas the -- as far as the legislation does not, and we also have more specific application material requirements, whereas article 5.8 does not. in terms of the coordination with public health and fire, our -- the requirements have stayed the same under these requirements, and what we have

begun is we've done more -- we've been collaborating with health and fire towards the end of the process. so specifically under article 5.8, section 184.89, which talks about the issuance of mobile food facility permits, so just to kind of explain this, after public works has reviewed a location and ensured that all the criteria has been met, if there are public objections, then we go to a public hearing, and if there are no objections, we can move forward with a decision at this point. so basically, at that point when we're kind of completed with our notification, we -- public works renders the decision within 14 days. and then, we'll -- if the decision is to grant the approval of the permit, public works will grant a conditional approval and basically condition the approval on the basis that they received the health and fire approvals, as

well, within 90 days. in addition to that, the permit is not valid until -- for operation until the department receives the confirmation from the applicant that they have their approved health permit and approved fire permit, and that's typically just a copy of the health approval and fire aful pro. and if we do need to check, we will oftentimes go back to our colleagues at health and fire. and then, this next slide shows our flow chart. so to kind of just go into this, as step one, we typically encourage applicants to work with the office of small business when starting a new business, and we also encourage them to check in with the health and fire to check about their specific permitting requirements. i have -- i personally have met with the office of small business, and i understand that they have collaborated with health and fire, as well, to gather relevant permitting information, and they also have setup their flow chart.

so we try to get this information out in the front so the applicants can have things to reference before they start this process. public works -- and then, public works's main duties in the application process are to confirm the proposed location meets the general location requirements. and we then perform a public no notification, and then we render a decision for the mobile food facility permit in the right-of-way. and then once public works declares the location acceptable, we will refer the applicant to health and fire -- and we will provide them with a conditionally approved permit which does not allow operation until they fulfill health and fire's requirements, and they typically have 90 days to do that. in some cases, applicants do have to build a cart from the beginning. if they don't have anything to do business, then they may request an extension. so from this point on, the applicant will work with health and fire to secure the proper

approvals. so just to quickly summarize, so just to quickly summarize, the applicant typically begins the application process with public works. since the public works permit is for a specific location and specific dates and i am toos, so this allows the applicant to secure a location for public operation in the right-of-way. we do encourage applicants to check with the office of small business and the fire department so they can understand the process. and once public works determines the condition is approved, a condition for location and the dates and times is issued, at which time the applicant is referred to health and fire to obtain the final approvals which are then brought back to public works where we reissue the permit and takeoff the nonoperational, and it is operational. i'm going to hand it off to my colleagues, and i'm happy to

answer any questions. >> i've got a question. >> yes. >> i think the reason why this body asked for explanation is we've heard hundreds of this. and a lot of the questions that come up, i know that like foods is no longer a reason to deny, correct? >> correct. >> but a lot of times, these come up, and we're wondering how the enforcement happens in regards to, like, the parking. if so they're there, and they're supposed to be in a spot and it's a loading zone, and the street map already looks -- 'cause several times that it's come before us and it's all loading zones, how can that be there because the permit should not be for a loading zone? >> if there are specific ones that are like those, we would be happy to take a look at those. so just generally speaking, perarticle 5.8, they're supposed to follow all applicant parking restrictions and regulations as established by mta, and if there are time limits on the meters, they're

supposed to be following those time limits, as well, so the enforcement would either have to come from mta or public works, whichever side kind of gets that notification first to go out and enforce that. they should not be in loading zones. the loading zones would only be for like temporary private catering events, and if the fronting business is sponsoring a private catering event, but they would get a separate occupancy permit from us. in no case should they be in loading zones. if something gets painted at a later time, there is an article in 5.8 where we work with the applicants to try to secure a comparable location or similar location. >> and second question, does dph handle the restaurant applications, as well? >> yeah. i believe dph can answer, but my understanding is they do handle all restaurant applications. >> okay. i'll save my questions for them. thank you, mr. shaw. >> thank you. >> i have one question. >> yes. >> first of all, thank you for

taking the time and effort for putting together this presentation and this spreadsheet. we appreciate you going above and beyond the call to do that. >> i appreciate it. >> one of the things that i go triggered this presentation today was a -- the hearing on the subject of a food truck that was in -- going to be in a temporary location. it was known it was going to be in a temporary location for a period -- i can't recall, six months. and you explained that there was this very diligent process, which you've reity rated today, and making sure that every i was dotted and t was crossed. and then, the subject was raised, well, what happens at the other -- the end of the six months, and it was -- there was a very quick answer: well, we -- i hope i get this right. i'm sure you'll correct me if i get it wrong. well, then, we find them another spot. and it -- and it's -- it seemed

that it was very arbitrary and where everything else was according to a very specific spreadsheet, as you present today, this occurrence was equal -- was very arbitrary and very spontaneous. can you clarify whether something has been done a little bit -- or if something is in place which is as detailed as the initial process is when somebody has to move. >> sure. so we don't have -- we don't necessarily have, like, a separate order for that or separate guidelines. but in article 5.8, going back to what i mentioned earlier, it does talk about if they get

displaced for a greater public benefit, then the department shall work on finding a similar location. that's kind of the extent of what that says, but what we do is we still follow the same location process, i believe under 184.85, i believe we still follow the same location provisions, so we still have to take a look at all the minimum requirements and minimum distances, make sure they're not next to a restaurant or in a parking space. the only thing that gets taken out is the notification process, 184.88. that is no longer a part of it. it's just not written into article 5.8, and they had already been granted an approval, and that notification just doesn't get done again. so in terms of the way we actually review it, we still review it as robustly as the initial application, it's just

the application gets taken out it have. >> and another question. same situation, due to a better public use, somebody is asked to relocate. when there is a cue of -- of applicants who are also wishing locations and -- and have had been patient while waiting in that cue for processing or a new location, does the -- the applicant who is being asked to relocate jump to the head of the cue? is there written policy with regard to that or how does that happen so that the rest -- the remainder of the public who have been waiting patiently in the cue don't revolt? >> so that's actually a very good question. at this point, we don't have as many applications that -- where we would run into that problem, and right now, it's kind of plathere is te plathe plathe plathere is -- plateaued. we have to follow a priority processing, those guidelines. so unless it's a safety hazard or unless there's, like, city funds going into it, they would -- they would probably go towards the end of the process, but at this time, going to the end doesn't necessarily mean they're going to be waiting an entire week or two weeks, based on the number of applications we currently have. >> thank you very much. >> no problem. >> sorry, raul, but to piggyback, i remember that hearing that we had, and that was a question. even though they've got through that notification for that abc 1 street, they're getting another location. isn't that unfair to the public that is in that area that there is no location. >> i don't know that you could assess the fairness of it, but we just have to process it based on what's written right now. and i do understand, i do being acknowledge that these people may not be getting a notice, and they may just see a food cart or a truck there suddenly. i can't really gauge the fairness of it because they are getting dislocated at the same

time. >> no, gi get it. just because you get a registration on one car doesn't mean you don't get to move the registration over to your new car. >> yes. i understand that. i guess the way the regulation is written, it does say if they get a new location, they shall provide -- >> okay. >> good afternoon. my name's jonathan rubing. i'm representing the department of public health. i'm a senior inspector with the environmental health branch, and i oversee the day-to-day operations of the mobile food facility program. we did provide -- i don't know if it's on the overhead, but i'm just placing one of the sides of the brochures that we give out to public kind of describing the mobile food facility classifications just to draw attention as our permitting process to the plan review of the designated carts

or trucks or trailers, the minimum requirement of the construction to relate to those classifications. but when an applicant comes in for a permit, i start off the conversation with two primary questions. one being where do they want to vend? sometimes they don't have an idea yet, so we discuss dpw or planning requirements based on where they want to start operating. and a lot of times, they refer them to go to department of public works to initiate the discussion before pursuing a permit with us just to make sure they can lock in the locations that they are hoping to be able to achieve. if they've gone through that or they provide us the temporary use authorization from planning department, then, we'll proceed with the permitting application. if it's new to san francisco,

we've never seen the mobile food facility before, it will have to go through a plan review. it'll also go through the application process, which if there's propane or other liquid gas, sternos or larger capacity generators, there's also a fire referral that's included with that application process, and we won't sign off the final permit until we get the signoff from the fire department. there was a flow chart included in what was previously provided that also was -- is on our website to help applicants determine what steps to take through the application process. our application does include commissary authorizations, private property agreements, certifying to us that whoever's owning that property does agree

for the use -- commissary authorizations where the commissary owner is certifying that the owner is going to conduct food preparation or storage of the vehicle at that location. and we go through the permitting process as they can certify those agreements. san francisco doesn't have a lot of commissary, so we do interact with our counterparts in san mateo or alameda, as well to certify that those commissaries are authorized to serve us in that function. a mobile food facility can't setup shop at one location. it -- by definition, it has to operate in conjunction with a commissary where the food preparation is conducted and food is stored, so that is one of our primary things we look at. they also need to have a rest room within 200 feet of travel. that can be difficult for an applicant, and a lot of times, we're asked -- well, it's

300 feet, is that okay, but the requirements are 200, so we do have to encourage them to talk with more of the neighbors if they're able to reach an agreement with that. i'm g i'm going to -- this just shows the number of mobile food facility permits which we -- we are active in san francisco right now. dpw related represent about a third of the actual mobile food facility permits. a lot of applicants will operate with off the grid or some of these gathering sites on private property which have already done the work for their use agreement through planning department and such. there's also fiscal decisions for mobile food facilities which operate just an community events which can be cheaper if

they operate at a small of them rather than go through the events perevent licensing. that's kind of the big overview of our permitting process. any questions? [ inaudible ] >> once again, thank you very much for the time and preparation of your presentation. the comments that you mentioned that the commissaries are a big part of mobile food facility food delivery. just out of interest, what percentage of the food which is served on food trucks in san francisco is sourced from -- from san francisco or to put it another way, how much of the food -- what percentage comes from outside of the city from commissaries outside of the city? have you done that research? >> not yet. my supervisor and i have been in this program -- it got kind of transferred to us about a year, and i've started

compiling commissary information and a spreadsheet so we can access it more quickly, but i don't have the full information yet. we're hoping to being require that in a better way soon, but i don't have the number. >> yeah. it's just interesting that we -- it's interesting that we obviously would like as many people to be employed in this city as possible, and that san francisco citizens be fully employed, but it may be that the mobile food facilities might not employ very many san franciscans, yet take the money and leave. just an interesting -- be interesting to have that information at some point. secondly, how do you verify the two or 300 foot bathroom access, especially in downtown san francisco where a food truck might be parked on, i don't know, a bush and battery

or something like that, and how do you verify that in fact a deal has been cut with a high-rise, that there's the expectations that a food truck's customers will be using their potty? >> a lot of that will actually be captured through the inspection process rather than the permitting process. as we're doing an inspection, we're asking some questions: okay, and where's the bathroom you use and when you get a confused look, that's a pretty strong indicator that that agreement isn't quite as valid as they'd like us to believe. if they can point out and it's one that we have on record, and they can readily notify us, then that, to me, signifies that they have an actual agreement. >> would you categorize that inspection process as rigorous or less? >> well, it's included with all the food safety issues, so

it -- it's definitely focused on temperatures and water and that -- the imminent hazards are there. i think, you know, we're aware of the last issues that were brought here, and we are striving to look at that a little stronger than we have. >> yeah. the stimulus of my question is from testimony that we have taken from bricks and mortar restaurants, and i'm not talking lavish, fancy, white table three course meal restaurants, i'm talking about the sandwich shop which supports a bathroom facility, and their complaint is gee, whiz, we have to maintain this bathroom facility according to a significant standard. we have to keep it clean, we have to keep it toilet papered, etcetera, etcetera, yet those guys out there, they won't have that -- they don't have that burden, and that's why i ask

the question, 'cause that's a question that comes to us from those who are making an appeal as a permit. >> and one of the things that we're taking small steps to addressing that, too, is on the renewal process of the permits, we do require a new commissary authorizations, so if they've been in business five or ten years, we're not going to assume that those agreements are still in place, so we've also added, as of this past fringe, the rest room verification is also resigned. >> okay. thank you. >> okay. the question i have is how often are the food trucks and mobile food carts inspected? >> we do an annual renewal inspection, and we've recently been doing that in conjunction with the fire department where we send out letters to all mobile food facility permit holders to bring their

vehicle -- this time, it was in march, three day period at alamini farmers market space where they're strongly encouraged to arrive. our goal is at least one full inspection where a score is conducted a year. due to staffing, it's been a little less than that right now. >> and then generally, on a brick and mortar, how often are those inspected? >> i don't have those numbers, but again, our target is twice a year. >> and do you give them a -- i mean, with a food truck, you allow -- hey, we need to inspect it and come in at a certain time. do you give that same consideration to a restaurant? >> no. and this isn't scored, either, so it doesn't give them the advantage of being able to know in advance and have the -- have

an artificially high score. >> right. and i know you guys have a very challenging job, and again, thank you for the material that you brought. food trucks in general are not super, super established here in the city, and the rules are constantly changing. but as my fellow commissioner said, a lot of people that are appealing the permits of a food -- mobile food facility are saying that the requirements for their brick and moretor had a lot more stringent, and yet, the mobile food facility is still feeding people through the general public. why aren't there's -- there's no food score. they get a warning of when they're going to come in. whereas for a restaurant, you don't tell them we're coming in tuesday at 9:00, you just walk in the door. >> right, and we do these same kind of inspections on those mobile food facilities. >> well, that's why i asked them, and you said there was an annual visit when they come in. >> for the structural

permitting process. that's when we ask them to come? >> okay. >> for unannounced food inspections, it's once a year, as well, and that's when they'd get scored. again, we'd be looking at their full operation. the renewals are looking at their operating equipment looking at it should. the fire department is also interested in the renewal so they can renew their de-cal, and then, they would renew their system with the department of public works as well. >> is there a threshold that the city accepts or does not accept. like, i've been to a restaurant and they say you shouldn't have been to anything under a 90, and i've been one that's a 79 after i ate. >> i've also found myself checking the scores before i arrive. are you asking me on the structural or the routine -- skbl on the -- so when you do an inspection for a food truck or a restaurant, is there a

point where they left chicken out, it drops 15 points, at which point for a food truck or restaurant -- specifically a food truck, that you say that your license is suspended? >> so the food handling and the sanitation aspects are essentially identical to that of a restaurant, so for the same reasons, we would suspend their permit or go, if need be, to the replication process. their scoring, it's the same violations, the same number on the deduction of their points on their score, so it's pretty identical. >> okay. thank you for clearing that up. thank you. >> i have a question. going back to the -- i think it was one of your last slides with the numbers on it, and you had one that was through today, and a similar sheet for the last year was in our packet. i'm not understanding the five, four, three, two, one. >> so that goes under the classifications really based on

menu. an msf one would be very simple, nonpotentially hazardous prepackaged product. so things like cookies, sodas, or things like that that wouldn't require something like a hand washed sink because there's no direct food contact. >> that results in certain requirements, then. >> correct, based on the california retail food code. >> thank you. >> clerk: excuse me. for those people standing, can you please find a seat in we have a require code requirement that you can't block the exit. thank you. and we have a captain from the fire department -- >> yes. we have a captain from the fire department here. >> clerk: we don't want anyone getting in trouble tonight. thank you. >> okay. so are we going to hear next from captain zee from the fire

department? >> hi. good evening. i'm mary shea, i'm mary zee. on your desk, you should have a packet. our main goal is when we receive the permit applicant at the front counter, they've already gotten permission to do their business at what is a public location, a city property such as rec and park like golden gate park or private property. our main job is to determine what activities they're doing, and the four most common activity is tense, open flame, lp gas, and generator, and i would say over 90% of our permitted are lp gas, whether you have a food truck, a trailer are on even a push cart, they tend to use just

propane. and so we want the equipment or the -- actually, the vehicle to be physically at the fire department where we can inspect it. like i say, our goal is to make sure safety -- food trucks, trailers and push carts, they're not standard. it's not like you go to a showroom and say i want that food truck, and you buy it. it's already fabricated. i talked to a food struck fabricator, and he says he makes the food truck based on what's needed. the word he uses, and i don't like the word he uses, they're duct taped together. so thisere's really no rules. our goal is to make sure it's safe, so we've got some requirements such as they've got to be hard piped, and we should be able to see all the connections so that we can additionally soap test for leaks. and we recently bought a sensor that even though we can't see

the connection, we can test for leaks. and then, this package we have, we tend to show some people, you know, especially if they come to us before they buy a food truck, say, what do they need, and we show them some of the requirements. like, if you look at this picture here -- how you do it? >> overhead, please. >> yeah. so one of the common problems we've seen so far is some trailers, unlike food truck that's have six tanks, they start using these portable tanks, and we require them to put this y valve on there, which is a fixed port. so if you need to fill it, you take your whole trailer to the filling station where they fill it, and they also check for hydrostatic testing dates and all that. if it's expired, they're not supposed to fill it for you. we do not want the mobile food -- the permit holder to disconnect and connect the tank

to bring it to a place to fill 'cause that tends to wear out the connection. that means you're leaking -- the possibility of you leaking increases. sometimes people argue they don't want to put this valve on, and i try to convince them, you know, when you go to the gas station, you drag your whole car. you don't just take out the tank and reconnect it, and that kind of works. our goal is to get the people safe. and then, once they're approved, depending on which agency referred them to us, we let the agency know, and then, we permit them, send them to the tax collector to be issued a license. and then, once a year, we schedule them to come in for an inspection. with food trucks, we don't need to do a surprise inspection because we know that the equipment either works or don't work. if it doesn't work, you fail. if you leak, you fail. if your equipment work kind of right, like your pilot light's

not working, so you fill up the gas and suddenly poof, it lights, that's not working. so it has to work as it should. so our test is you fail or you pass, but then, we work with the people, okay? so any questions? >> sure. >> uh-huh. >> thank you very much for this. given that you just presented us with this information, it wasn't in our packet, i want to make sure that the executive director makes this available to the public appropriately because it's very important and very valuable. >> we will have it posted on-line. >> okay. thank you. so, you know, this -- this commission always is -- is faced with seeing both sides of the argument. so what is challenging -- has been challenging for us is that, again, going back to the brick and mortar versus the push cart, not so much food truck, but the push cart, the brick and mortor comes to us,

and they say the regulations and restrictions from the fire department are continually rising for the public safety, but with that rising comes a significant amount of cost to our little 500 square foot brick and mortar sandwich shop. obviously those restrictions are good and undeniably necessary. but then, they say those guys out on the street, that push cart, all they have is a little -- a little tank, and they have an extension cord that goes for god knows how long to plug into somewhere to give them power, and we're being forced to have a consider-how do we deal with it? and this is where we run into -- not in trouble, but significant dialogue, so we are

fining appropriately for whatever is the appellant or permit holder. what about those gas tanks which sit on a push cart? what about the plugs that are connected to somewhere? how -- how do we -- on this commission, how should we view that? >> so we do have guidelines especially if you do run a generator that falls under the permit requirement does not mean you can do whatever you want. your cords cannot run across building entrances and things like that. if anybody ever sees something, and they just call our fire department and main line, and we can send inspectors out there to deal with the issue. the brick and mortar and the food truck, i do admit the brick and mortar has more regulation, because unlike the food truck, with brick and mortar, you have to worry about occupancy and exiting and all of that. so with the food truck, a little less, okay, but they

still have to follow certain guidelines. just because i don't regulate your skbren rater's too small, does not mean you should have gasoline to fuelling that. if somebody sees something dangerous or hazardous, they're always welcome to call or fire department main line: 415-558-3300. we have an operator answers. it's much, much faster than let's say you 311 because that comes a little slower. i mean, we will have someone going out there immediately or we find out the operational hours which we have on the permit, and then, we go out and deal with the issue. >> thank you. >> okay. >> part of the genesis of the request for this presentation came from a push cart which had a heat source. and in all the appeals that we'd heard over the yaers, i'd

never seen a push cart with a heat source. >> seen a push cart with a heat source? >> a push cart with a heat source. >> push cart heat source is usually electric or the small propane tanks that's only 2.5 gallon. >> was that a change in the code that allowed that? because i thought previously push carts were only allowed to prepare food. >> i don't think there's a change in the code. i mean, my regulation is -- what -- is the fuel, what kind of fuel are you using for your mobile food facility? are you using electricity from a generator or are you using propane or are you using open flame, and open flame includes charcoal, wood, or even sterno. >> and all those are allowed? >> yeah, as long as we've inspected it, and we see how your setup it, and we determine

it's safe, then, we'd allow you to use it. >> thank you. >> clerk: is there any other questions for the departments on this matter? can we take public comment on this? >> go ahead. >> clerk: so is there any public comment on this special presentation? no? okay. well, that concludes the presentation, and thank you very much for taking the time to come down tonight. okay. so we -- we will move onto item number two, which is general public comment. this is an opportunity for anyone who would like to speak on a matter within the board's jurisdiction but that is not on tonight's calendar. the board has the discretion to limit comments to two minutes. so can you please show me, show of hands, who's here for public comment. okay. if you could please lineup against the wall, and if everyone has a speaker card,

going to keep it at two minutes. okay. so public comment will be two minutes this evening. so we'll wait till everybody lines up. we -- excuse me. we can't -- we have to go against that wall. it's a fire hazard otherwise. thank you. okay. so just please keep that door clear. thank you. okay. so if you could please identify yourself for the record sir. >> thank you. my name is denny leonard. i'm from a small indian tribe

on the columbia river. my experience, i've had banquets in the great haul at tienanmen square. i've been on the -- selected to the only non-african american board member to the national business league and i received the national human rights award from the national education association. so i'm retired now. i have no job or responsibility, but i'm talking today on a larger scale about the statue and removal of the statue at the asian and library place at city hall, and i did a little research. i've been reading madeline albrieth's book, looking at the history of world war ii where the actual refugee programs that were done were for removal of people that were in theworl

refugee programs that were done were for removal of people that were in thistory of world war the actual refugee programs that were done were for removal of people that were in twhere programs that were done were for removal of people that were in thistory of world war ii wh the actual refugee programs that were done were for removal of people that were in the government of russia. it relates to american indians how? during the first part of world war ii, adolf hitler sent people all out over the united states to visit -- he paid a large amount of money for american indians banquets had his staff come and visit, so that was a very important part of what happened. and now, we have the process where after the war, all the statues of hitler were removed. and now, the governments have come back, according to madeline, to create new fascism, so the process is not to use people -- use people's government authority to create rights which are rights that

are dishonorable and rights which don't connect the dots between -- >> you need to wrap up here. >> -- and live, so i'll ask you to respectfully consider removing that statue. thank you. >> thank you. >> are you a resident of san francisco? >> yes, i am. >> perfect. thank you. >> i would just like to give a general advisory. i'd like to remind members of the public of article five, rule five of the board rules that the rules prohibit contacting board members directly. this is a quasi aviewjudicator body whose evidence is presented in the proceedings, and it impairs the integrity of the process when members of the public contact board members directly. so if you would like to share your thoughts, please contact me, julie rosenberg, the executive director or as you are doing this evening, attending, providing public comments during the public

comment section. thank you. okay. next speaker, please. >> good evening. my name's mary jean robertson. i am a retired court clerk in the superior court of san francisco. i've lived in san francisco since 1969, and district five owner. i wanted to just say that i'm a cherokee nations citizen as well as a citizen of san francisco, and every single time i go and i see that statue -- and i go to the library a lot, 'cause i'm doing research, it triggers memories and feelings. i have a great-great grandmother who was on the trail of tears. she gave birth on the trail of

tears and was unable to get up the next day, so a u.s. federal soldier bayonetted her to death. and seeing the kind of memories that that triggers, it's really difficult to have a view of this city as being representing multiculturalism and you know, the city of love, the city of hope. it doesn't reflect that when you see that as a representative of our city arts. i would respectfully ask you, remove the statue, and please think about what -- how it affects everybody every day. thank you. >> clerk: thank you. for those people standing, please find a seat or stand on the other side. we have to keep it clear for the fire code reasons. thank you. next speaker, please.

excuse me. the people standing, can you find a seat, please. thank you. >> good afternoon. my name is jeanine leywa. i was born and raised in san francisco. i feel there is a time and a place for everything. the time is now, and long overdue to remove the early days statue by civic center. that statue is visible by everyone who passes by there, and it depicts racism to american indian. i'm here as an american indian woman to support my community wherever i'm needed. i feel that it is vital for me to be here and show solidarity

for our american ind-i don't kn know -- indian community. i recommend that the early days statue be taken down as soon as possible. i thank you for your time and consideration in this matter. cle>> clerk: thank you. >> thank you for allowing me to speak before you. i also want to acknowledge my ancestors, whom we reside in. i want to say it's very disturbing to know that it's a statue that reminds me of a california indian woman with the general oocide that's happo our people. it's 2018. how do we plan to make change in our communities if we still

have reminders of the historical trauma? we're reminded by the 49ers, we're reminded by the gold rush, and just hearing the mission reminds us of the genocide. all native american people, we are all residents whether we reside in san francisco or other counties. we are all residents, and i want to make that very clear. it's been said that if we don't live in san francisco, we are not a voice. we speak for everybody that has been pushed out of san francisco as well to the east bay and other states because of housing and gentrification. please remove this statue. it's -- it depicts racism, and it's definitely -- brings up that historical trauma that our people have been through. thank you. >> clerk: can you please identify yourself for the record. >> april mcgill. >> clerk: thank you. and for all speakers, please identify yourself first. thank you. >> my name is jocala mcgill,

and i am a -- this is hard. skbl oka >> okay. relax. talk to me. it's all good. >> this is an emotional topic for him. >> no, it's just because there's a lot of people. [ inaudible ] >> -- american bear rose bud. i was lakota, and i am born and raised in san francisco's mission district. i think we should get rid of the statue because the statue is really racist. if you actually get into the history of it, the indians were slaves to the missionaries and the priests, white people made them build the missions or they would kill them. every time we'd see the statue, it reminds me of what happened to the native people here and

all over california and the statute at coit tower, christopher columbus is also racist. there are many native americans that live in san francisco and the bay area, and a lot of them feel it's offensive. and he didn't discover america. my people have always been here. we are the original people of this land. how would you like it if you had to see a statue that reminded you of the -- of the people that killed your family? you wouldn't like it, would you? i hope that you hear what i say today and remove this statue and all racist statues for good. thank you. >> clerk: thank you. >> my name is dr. andrew jolovitz. i just want to recognize the people whose land we are standing on. last week -- i was born and raised in san francisco. i'm not sure if you asked a

lawyer who was presenting if he was from san francisco since he's not, but the mayor in a news article this week said he was embarrassed by your vote. i, too, am embarrassed. i actually requested through the sunshine act transcripts of some of the statements various members of the board have made, statements like it's just the same small contingent of the same folks because we're insignificant is what that says to me. statements that they couldn't fill a comic book because there's not enough of them. people's faces are scrunching up. i can see that on the board because they don't know what i'm talking about. that's okay. i'm here to say you all -- i want to know what this decision was based on. you were asked to make a decision based on the merits of law, yet i understand comments were made about the politics of this question. as someone who has studied a professor of american indian

studies. when it incites violence, what he just heard from that young man, it's intergenerational trauma. there's 2%. we don't represent a large enough demographic for you to care? you can crunch your faces all you want, but you didn't do the right thing. that's why the mayor, and two government bodies disagreed with your decision, and you can review it yourself because you're squinting. i know you don't know what i'm talking about, but you should review the documents. i think people need to be a little bit more transparency about what happened in this decision making process, so i share with the mayor in his disappointment. >> clerk: thank you. for those people standing by the clerk, excuse me, sir, can you please find a seat or move to the side. for fire code reasons, you have to move.

thank you. thank you. [ speaking native language ] >> my name's kim schuck. i'm a poet laureate of san francisco. i'm also a professor at cca. i hold two degrees in art. i've been teaching native american studies for about 25 years now, and i've got to tell you, you're on the wrong side of this one because whether or not you decide to relocate that statue, it will be done. it will be done because that's what's happening across the country. so san francisco's supposed to be this great big progressive place. i was born here. my grandmother was bloern here. i have five generations in this

city. we built it, we've stayed here, and it has cost us to do that, and i have never been so humiliated to call myself a san franciscan before now. >> clerk: thank you. >> my name's mishua lee. i'm a resident of san francisco district ten. first of all, i want to recognize the aloni people whose territory we are on right now. i was not raised indigenous, but my grandmother always told me that wherever i went, i needed to listen to the indigenous people because they knew how to live in their territory, and there was much to learn. so i'm listening, and i'm hearing. that statue, every time i see it, just is so