>> yes. >> commissioner dooley? >> yes. >> commissioner dwight is absent. commissioner ortiz-cartagena? >> yes. >> commissioner o'brien? >> yes. >> commissioner white? >> yes. >> commissioner yee riley? >> e. >> commissioners, that motion passes 6-0. >> thank you everybody. >> commissioners we now back to item 7, discussion and possible action to make recommendations to the board of supervisors on board of supervisors file no. 120796 planning code establishing the divasdero street neighborhood commercial district. we have stephanie tucker legislative aide to supervisor oleague. >> good afternoon commissioners. i'm stephanie tucker with supervisor olague's office. i don't know if you have any questions or if you would like me to go into detail about exactly what is being proposed? essentially on divasdero from that is right o'farrell street it's zoned. a few months ago a conversation was started with the divasdero merchants on a named commercial district and this is the fruition of that discussion. essentially it doesn't change any of the existing restrictio

commissioner dooley? >> we spent a lot of time on this at the outreach committee, and i really appreciate the draft that we have now, but i also thought since the superior markets are the ones that trigger these convenience zones, i was thinking that perhaps not only -- that we should not allow supermarkets that have existing recycling, if they change owners, to opt out. you know, that is what we're seeing more and more, a new owner comes in and they say oh, we're not doing that anymore. clearly, for a large supermarket, $100 a day is nothing. and they are going to be happy to opt-out. you know, we have a suggestion for a fee of $500, but i'm not even sure that that is enough for a safeway or a whole foods. perhaps they would be willing to pay $500. i think that i just think that i agree that we need to put this obligation back on those who have created the situation. , as much as we possibly can. i just think it's their civic duty. to step and not ducking like the new traders joes and we don't have a rec

. >> commissioner dooley? >> aye. >> commissioner dwight is absent. >> commissioner ortiz-cartagena? >> yes. >> commissioner o'brien? >> yes. >> commissioner white? >> yes. >> commissioner yee riley? >> e. commissioners that motion passed 6-0. item 10 is board of supervisors file no. 120193, public works code mobile food truck locations. >> i move to recommend this with one recommendation which would be that we would urge the removal of all formula relate trucks of being allowed anywhere in san francisco. >> we have a motion by commissioner dooley to recommend approval of 120193 with recommendation that former retail trucks be banned in the city. >> just to reiterate the key points of this piece of legislation, this changes the perimeter, the distance -- well,, no; the 300 is not part of the distinction. what is being added is the 50' criteria that is saying a truck cannot be permitted. right now there is no criteria this from a distance that the truck in the initial permitting phase. there is no criteria. it'

>> okay. >> that is motion by commissioner dooley and who was the second? >> yee riley. >> commissioners we have a motion to continue file no. 120814 to the january 14th, 2013 commission meeting. on that motion, it was a motion made by commissioner dooley and seconded by commission yee riley. >> commission adams? >> yes. >> commissioner dooley? >> yes. >> commissioner dwight? >> yes. >> commissioner o'brien? >> yes. >> commissioner ortiz-cartagena? >> yes. >> commissioner white is absent. >> commissioner yee riley? >> yes. >> commissioners that motion passes 6-0. >> great. thank you. next item, please. >> >> commissioners item no. 4 is discussion and possible action to adopt a small business commission policy statement on supermarket convenience zones. i believe the director has some remarks and then we'll have a presentation from the department of the environment. >> yes, commissioners the office became aware of some issue s around convenience zones and small businesses back in 2012 when we met with the business of south of market and so taking a look at t

besides, this dooley is no fool, you know.anley. dooley, i'm asking you for the last time: where is cavendish hiding out with my boy? i wouldn't know but if i were to let you loose, you would know. is that it? i might. alright, dooley, you win. i'm gonna let you go. what about the rest of the gang? one at a time. i'm not gonna let you out in a group to raid the territory. alright warden. that's good enough for me. one at a time. but get this straight: if any harm comes to my boy, you and cavendish are gonna have your necks stretched. understand? sure warden, sure. i get it. alright then. on your way. not so fast. you must think i'm an awful fool. what do you mean? i know what your game is. it's a trap to catch cavendish. five minutes after i'm out of here half the guards in this place will be on my trail. i give you my word of honor that no guard will follow you out of this prison. and what difference will it make if they did? i know where i'm going. they don't. i could lose a thousand guards by the time i reach cavendish. now

besides, this dooley is no fool, you know. two against one. it's bad enough having cavendish at large without letting his chief henchman go too. you've got to do it, warden. not only for johnny's sake, but we must get cavendish back again. alright. we'l risk it. you better wait in the closet. you can bring dooley in now, hanley. dooley, i'm asking you for the last time: where is cavendish hiding out with my boy? i wouldn't know but if i were to let you loose, you would know. is that it? i might. alright, dooley, you win. i'm gonna let you go. what about the rest of the gang? one at a time. i'm not gonna let you out in a group to raid the territory. alright warden. that's good enough for me. one at a time. but get this straight: if any harm comes to my boy, you and cavendish are gonna have your necks stretched. understand? sure warden, sure. i get it. alright then. on your way. not so fast. you must think i'm an awful fool. what do you mean? i know what your game is. it's a trap to catch cavendish. five minutes af

besides, this dooley is no fool, you know. so fast. you must think i'm an awful fool. what do you mean? i know what your game is. it's a trap to catch cavendish. five minutes after i'm out of here half the guards in this place will be on my trail. i give you my word of honor that no guard will follow you out of this prison. and what difference will it make if they did? i know where i'm going. they don't. i could lose a thousand guards by the time i reach cavendish. now, you still want to let me go? i want to save my boy at any price. ok warden, i'll go. but on my terms. i ain't trekking around the country in this outfit. i want new clothes, a horse, and a gun with bullets just in case someone should try to follow me. take him out and give him what he wants, then let him go. thanks warden,, you sure do treat us prisoners nice. he's a tough customer, warden. i hope i've done the right thing. but if he gets away for good, i'll have betrayed the honest people who put me in this job. don't worry i'll pick up his trail as soon as he

>> yes. >> commissioner dooley? >> yes. >> commissioner dwight? >> yes. >> commissioner o'brien? >> yes. >> commissioner white is absent. >> commissioner ortiz-cartagena? >> yes. >> commissioner yee riley? >> yes. >> i will send the copy with calendar invites for the next year. >> thank you. and i will ask that sometimes between the systems using lotus notes and translating to g mail or to outlook there could be some issues. so if you could please let me know if there are any issues with you accepting the invitations and there are, i could send those individually to you directly? >> okay. >> next item. >> item 8, legislation and policy committee report. >> i will report. it wasn't a very long meeting. we discussed the sf ct, san francisco's transportation plan and we'll be evaluating various projects and making recommends. we'll also be making a policy statement and general comments regarding funding for construction related mitigation for impacts to small businesses for the projects. the director also ov

. >> i think what we can do is sort of take the intent of both commissioner dooley and commissioner o'brien and work on some for the -- something for the final policy? >> yes. >> it was currently written a conditional use authorization or public hearing was required prior to the center. so if a conditional use was required because they could close that, would that address your concern? >> do they require a conditional use? >> that is something that we could explore before the next outreach committee. >> that is good direction on the intent. >> commissioner yee riley? >> i have a question. now when we asked a recycling center to close, do we have any plan to meet the need of that community? >> i have been working with both with existing supermarkets, in discussions with them and with other -- basically it's looking for land. or looking for a parking lot or vacant space, in the case of the hank center, to try to find some locations for either a temporary or a mobile or a permanent site. this is the first situation like this that we have faced where we had sort of enough warning to get somethi

. >> i have maybe a recommendation for the item commissioner dooley, instead of "consideration," but to request that the department of environment have plans in place for -- a plan in place for existing supermarkets around the convenience zone or creating a recycle center or recycling on-site, with a priority of working with those supermarkets that currently have an exempt status and may be losing it. this is separate from for new and remodeled supermarkets, a recommendation is that that discussion and plan will be triggered through the entitlement process. but for existing supermarkets where they are not going to go through the entitlement process, i think, at the committee meeting, as you had noted, there is the interest to start working with those supermarkets to start putting a plan in place. does that make sense? >> yes. actually one of the difficulties with the hank situation, because it's been unfolding over many years and i have been in touch with the whole foods and andronickos and they were never really motivated as [hro-pbgs/] as along as the center was there to do anythin

so this would address some of that and decrease that. >> commissioner dooley? >> i just kind of wanted to follow-up on what commissioner riley had said. do we have the research if our competitors are planning to expand during this

commissioner dooley? >> i just wanted to see if you could clarify the 50' from a restaurant rule versus the 300' for an appeal? how does that work? why are they different? >> sure. so right now the 300' from a restaurant -- i won't call it a criteria. it's discretionary. if someone objects dpw can consider that. it's a case-by-case kind of thing, where they might say, i'm just again making this up, that there are already three chinese restaurants around here and we don't think it would be good to put a chinese food truck there. so they can take that into account and require a certain buffer. this would say they can still do that, but regardless, it has to be at least 50'. so the two are not really inconsistent. it would be presumptively 50' at a minimum. but there might be some circumstances or based on the specifics of the area and whatever dpw takes into account; that in terms of making sure there is fair competition. that a higher buffer would be required. >> okay. thank you. >> director dick-endrizzi?

cal dooley of the american chemistry council. is there a panic out there?, i don't think there's a panic. >> what would you call it, 'cause-- >> you know, there are some consumers out there that have some concerns about our products, and we respect that. >> i guess what i'm asking is, is the word "phthalate" now-- does it have such a stigma that the companies are going to demand you find alternatives because they're too afraid that people won't buy their products? >> no, we're not concerned about that. we understand that consumers really value the products that contain phthalates. the market is still strong there. we're going to continue to produce them. >> so while scientists and the epa search for a definitive answer on whether phthalates are harmful or not, the question for the rest of us is, should we take precautions now? if i said to you, "are phthalates harmful to humans," what would you say? >> i don't know. it's as simple as that. >> but haven't you advised women to take precautions? >> yeah. >> but based on--why? because of the rats or-- >> well,

>> commissioner dooley? >> here. >> commissioner dwight? >> here. >>

. >>> hi, kathleen dooley. i'm here speaking today as a representative from the north beach business association and chinatown cdc. we have written a joint letter that i'd like to read to you today in support of option 4. the chinatown community development center is a proud long-time supporter of the central subway. with the north beach business association, we endorse the concept of an extension to north beach and fisherman's wharf. we support director reiskin's proposal to study extraction of the tunnel boring machine at the pagoda theater with an alternative of behring the tbm under columbus avenue. we also support the mta's efforts to plan for a station at the pagoda theater and additional stations to and from fisherman's wharf. this will create a north-south connection that serves the eastern edge of san francisco, connecting important neighborhoods and communities. the north beach business association, we have over 80 members in north beach would like to add a few more comments, which is, we would like t