i'm here to answer any questions you may have. >> mr. quan, an earlier question i made to you about whether this conformed within the 300 foot relationship to their existing equipment, you indicated that that answer lied with at&t. then my question to you then is what does the department require from them to indicate that they have complied with looking at appropriate alternatives? >> as any utility provider, they would request a location to the department for -- under the surface mounted facilities order, we evaluate that location to make sure in these kind of cases as it relates to technical merit, specifically can it be placed at this location without impeding pao*es raoe yan traffic, is it in front of a bus stop, in front of a hydrant, tla's what we review, tla's the initial review to determine what is appropriate. obviously the first location that was submitted by at&t was for the placement of this box across the street in front of the grocery store, in front of the supermarket, okay.

then i'll sit. >> thank you. >> okay, mr. quan? >> good evening, commissioner, john quan with the department of public works. the appellant is eloquent in his statement about the concept of like food, their interpretation of like food differs from the department's view of like food as well as saturation which is one to have reasons that we had denied the permit on these two item, as it relates to like food, they're suggesting that number one, the immediate restaurant that's mixed on 560 mission street which serves food does not serve like food, that a second location which is approximately based upon them drawing 335 feet away serves like food that because it is just here at oak side, a 300 notification direction that we should not evaluate from that perspective. one thing that in the department's evaluation as it relates to like food, we took an early decision by this board specifically and it related to vk industries in one case where they served indian, they served indian street food, one of the proposed locations was on baoel s

. >> mr. quan, based upon -- are you finished? >> yes. >> based upon the map that you showed us, if it was midpoint of that block, it wouldn't have reached -- >> there's a fundamental difference again, i want to try to clarify, for food trucks, they use the location, what they propose and use the property corners and go for 300 feet for carts, that's notification requirement, this is from 2nd to first street, using the midpoint there, 300 or if that block length is more than 300 feet, all the property owners along that corridor is notified in addition. >> that's not really that pertinent to my decision-making, but i'd like to go back and -- because you brought up a number of cases where you thought that the input of the appeals influenced the criteria a little bit. i'd like to go back to one on bao*el street that the department looked at the 300 foot and used it as a fixed criteria. this is the one where the hamburger -- >> that is correct. >> and therefore those that were just outside that a little bit at recon center and other p

. >> mr. quan? >> good evening, commissioner, john quan with the department of public works once again. the most critical point, i believe, to this appeal as suggested by the appellant is the information as it relates to the notification, okay. the department's policy as it relates to surface mounted facilities are very specific as prescribed under our dpw order as i believe you were given a copy of, there is a notification requirement specifically on it to inform the public initially of a proposed surface mounted facility location, it is a posting 300 feet from the location in all directions. okay, that was done. when the department received objections, okay, in writing or by phone or by fax in terms of documentation, once we received an objection, we document that and according to order, we are required a director's hearing to see the merit of these location facilities. the notification the department provides to these objectors would be provided be a dpw order in either an e-mail and as suggested

mr. santana and mayor quan for their support and giving me this opportunity to serve in their role. >> right now, more changes are being announced about the top of the oakland police department. that news conference criminal stunnedway. that will be one -- still underway. that will be one of the top stories. good afternoon. i'm tori campbell. >>> the coast guard and police officials have started their investigation into the deadly capsizing of an america's cup boat on san francisco bay. the swedish entry into the america's cup artemis was training on the bay yesterday morning when the catamaran capsized. 36-year-old andrew simpson was trapped under the both and died. the coast guard, san francisco police and the america's cup event authority are all investigating the incident. in the past hour, investigators spoke publicly about the accident. claudine wong is live in san francisco with the emotional tribute to the artemis sailor who died and their thoughts on how this will affect the races on the bay. >> reporter: that press conference wrapped up been the past ten minutes at pier 37. if you