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tv   [untitled]    November 22, 2010 12:00am-12:30am PST

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president chiu: welcome to the supervisors' meeting of november 16, 2010. supervisor alioto-pier: present. supervisor avalos: present. supervisor avalos: present. president chiu: present. supervisor chu: present. supervisor daly: present. supervisor dufty: present. >> supervisor elsbernd is absent. supervisor mar: present. supervisor maxwell: present. supervisor mirkarimi: present. president chiu: can you please
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join me in the pledge of allegiance? [pledge of allegiance] are there any communications? >> we are in receipt of a letter communicating the mayor's veto of file 101096. certain types of fast-food meals generally marketed to children. supervisor mar: i would like to make a motion to put that item on the agenda for the november 23, 2010 meeting for a veto override vote. president chiu: supervisor mar has made the motion seconded by supervisor mirkarimi.
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if we can move to the special order. are we expecting the mayor today? >> the mayor will not be attending today's meeting. president chiu: if we could move to the consent agenda. >> these items will be acted upon by a single roll call vote unless the board member wants to sever an item. president chiu: why don't we take a roll-call of items one- 20. supervisor maxwell: aye. supervisor mirkarimi: aye. supervisor alioto-pier: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: is absent.
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supervisor mar: aye. >> 10 aye's. president chiu: item 21. >> adopting findings to the planning commission approving a conditional use application 88 grant street. president chiu: same house, same call? approved. >> pertaining to the sections involving employee relations consistent with state and local law. president chiu: this ordinance is passed on the first reading. >> amending and updating enforcement and compliance procedures. supervisor avalos: colleagues, this is legislation that was before us a couple of weeks ago.
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there were concerns that folks had about the legislation itself. about the dph's role in dealing with buildings. there has been a lot of concern raised about the legislation because there were two words in it. bed and bug. this is not bedbug legislation, but bring buildings and the compliance in dealing with landlords after there have been exhausteive efforts when landlords were not looking -- working in good faith.
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it will not impact every day landlords. i have the amendment as a whole the i would like to share for consideration. i will explain the amendments that are part of the, there are essentially four of them. there was a great deal of concern about responsible parties that it was a balanced discussion on who would be responsible for nuisances and buildings. the legislation would address it. i am adding the word tennant said there is clarity about that. -- tenant so that there is
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clarity about that. the word bedbug has so much consternation. tenants should be added so that it is clear. the new amendment would be the requirement of the director to specify the time of the notice of violation. and there would be a time line for the landlord or responsible party to work towards updating the nuisance. the third amendment will be the penalty amount. and the time specified unless the responsible party within a 12-month period. contact information requirement, the dph will try
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to get that out voluntarily. the amendments are not substantive. >> these are clarifying amendments. supervisor avalos: we accepted as a member of the whole. president chiu: that has been seconded by supervisor mirkarimi. without objection, the amendments we passed. we can take a roll-call vote on the ordinance as amended. supervisor maxwell: aye. supervisor mirkarimi: aye. supervisor alioto-pier: aye. supervisor avalos: aye. supervisor campos: aye. president chiu: aye. supervisor chu: aye. supervisor daly: aye. supervisor dufty: aye. supervisor elsbernd: a is absen.
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supervisor mar: aye. >> there are 10 aye's. president chiu: item 24. >> upper breathing approximately nine man dollars, a certificate of expenses for the department of public works for fiscal year 10-11. president chiu: same house, same call? without objection. item 25. >> resolution approving a historical contract for 1818 california st.. president chiu: same house, same call? item 26. >> approving the services agreement between these and the it is international airport and sfppm management. supervisor avalos: colleagues,
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there is an amendment that we made in committee that did not make it into the final document. i would like to make sure it gets in there. it is on page two, line 16. we are striking out the p hrase "not to exceed $26 million." president chiu: supervisor avalos has made the technical motion to amend. seconded by supervisor mar. can we take the resolution and adopt it same house, same call? next item. >> item 27, approving a contract to build up to seven damaged light rails.
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president chiu: same house, same call. item 28. >> receiving and improving the greater union and business annual report for fiscal year 09-10. president chiu: same house, same call. item 29. >> an ordinance to define a mobile food facility and clarify the mobile food facilities need not be conducted within a closed building. president chiu: item 30 is related. can we also call item 30? >> amending the police public- works and business and tax regulation code to implement the transfer of the regulation, create a new fee and penalty provision, and hearing procedures and of the definition and at an annual fee.
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supervisor dufty: there is an amendment that simply reflects language that was requested by the treasurer's office to make sure it is part of any application for the facility that an individual would have. i believe copies have been passed around. >president chiu: without objection. gosh, want to thank you for your consideration of this legislation. -- >> i want to thank you for your consideration of this legislation. it reflects the fact that currently under regulation, if you were going to have a mobile food activity in the neighborhood commercial district, you could be required to have an extensive review by the planning department as a
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brick and mortar restaurant. the first measure really looks at the activation of parcels of sight of the public right of way. the second measure of looks that really changing how we regulate mobile food facilities and instead of having a police department, it is already involved in the licensing and review such as a sidewalk tables and chairs. in my opinion, it is a better match for this activity. ultimately, this is about san francisco having a more understandable and thoughtful rule. we see ourselves with dynamic cuisine and the city of opportunity as it relates to food and having choices that are organic, reflecting ethnic
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cuisines that are sustainable. mobile food activity can dramatically activate public spaces that we have seen here. it is truly a happening were you have food trucks with a variety of different cuisines, all sorts of things coming together at the same time. the police department has not been the best avenue how to achieve -- avenue to achieve the clarity going forward. some of the results of the legislation will be permanent fees, reducing it by almost half. there will be a thorough review of the health apart -- from the
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health department and other departments to ensure [unintelligible] an issue that has come up in the last few days relates to previous legislation with respect to mobile food trucks in middle and high schools. it prohibited food trucks from being within 1,500 feet of a middle or high school. there was an effort to apprehend the sugared sodas. use of food trucks going up and basically sneaking customers from the student population to buy sodas and other items that were no longer available on campus. the legislation that i have before you expands not just to
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food trucks but push carts that were not previously regulated under supervisor elsbernd's legislation. the issue that has come up to us, the legislation currently does not cover the recreation and parks department. in looking at this, we discovered that the 2007 legislation did not affect what recreation and parks department can do. i want to acknowledge daneiiel walkdo who has been an activist for better food being available to students. i support the goals that she has to provide better food choices on campuses. the recreation and parks
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department has come forward and talk about -- we have copies of a letter that was provided to us. i am getting copies of that for colleagues that do not have it outlining their concerns about their need to grapple with their budget situation and provide food amenities. and their commitment to adopting rules and practices that would require them to coordinate with them to ensure that decisions are made. -- good decisions are made. ultimately, there was static in the neighborhood and blue bottle made the decision not to pursue it. it was approved to have a food
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cart there in that instance, they are saying that they would look at delores park and make sure there would be no more mobile food vending above nineteenth street. not more than two blocks away from the campus itself. i would ask that the assistant clerk and distribute its. we are looking at what the implications would be if we implement the measure before us. we don't want a mobile food park within 1500 square feet of the
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middle or high school. it is not covered, the only major park. most of the park facilities would be affected by that. colleagues, i believe there is a representative of the recreation and parks department here. if i could invite nick to reflect on the general manager's letter and welcome him back. president chiu: without objection, could we allow this individual to speak? >> thank you supervisors. -- thank you, supervisors.
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incorporating all of those parts that are adjacent. we have been committed to a healthy lifestyles very seriously. and healthy menu consisting of organic, locally grown products. in addition to the practice that we are already undertaking, our general manager has proposed to increase the partnership with the school district such that any proposed food vendor operating the park adjacent to a school, we would include the principle in the evaluation of whether or not such a park use would be appropriate. and we would coordinate with the principle of the school as well as the nutritional director for
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the school to help determine the appropriate location and then appropriate menu -- and inappropriate many -- an appropriate menu. >> i would like to acknowledge my staff member that worked very hard in the stakeholder process around this legislation. and indicate that this will hopefully open up an economic opportunity to individuals to have carts, have mobile food operations, and i think it will add to the vibrancy and vitality of the food culture and the food environment of san francisco. that is what the objective really is. it is difficult for many people
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to step in and open up a restaurant. i want to acknowledge kevin wesley from the golden gate restaurant association has been extremely supportive and i really very much appreciate the approach that he and his association has taken, seen as part of the greater good. and there is the discussion are around the issue of schools in the global food vending. i am sensitive and open to ideas that colleagues might have, and it is difficult for me to want to preclude the recreation and parks department from working with aggregates and seeing if it would protect the nutritional interests of students without precluding their vending.
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president chiu: supervisor mirkarimi. supervisor mirkarimi: thank you, mr. president. to supervisor dufty. first of all, thank you for the legislation and your leadership on this. a quick question, and i am not sure how this has been covered. how would the thought process on be food courts be extended to formula retail? supervisor dufty: ken rich is here from the economic and workforce development. >> it is handled a little bit differently from the public right-of-way legislation. there is a prohibition for a single permit holder or individual or entity that can
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only have permits for seven carts or trucks. it is not handled the same way, but we sort of get at the desire to not have large companies getting into this business by restricting it to seven different cars or trucks. supervisor mirkarimi: through the chair, a deerfield had the consistency of us being able to greet the ability of formula retail to follow current land use law will be applied? >> there are two different pieces of legislation, one of them as with the public works code. and the reasoning behind this was not so much an issue of formula retail going through
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businesses that look like a chain. here, it looks a little different. so rather than going through the similar criteria of formula retail, it will only issue seven permits up to a single individual. we kind of keep the playing field open. i would defer on how it is handled on private property. >> there is a 300 ft notice requirement. individuals are notified within the neighborhood commercial district that there has been an application. anyone could object based on who the provider is. >> the legislation that the planning commission reviewed and
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unanimously recommended your approval on did not address specifically the issue of formula retail. supervisor mirkarimi: i support this legislation, i just want to put into consideration a trailing piece of law that would have lined up consistency so that at least that loophole is potentially covered. thank you, supervisor dufty. if i may, on suggestion of amendment, on page 2 line 19, i believe we are on the department of public works law. where it says "mobile caterer," any trailer home is transported by a motorized
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vehicle. i would motion an amendment on line 19, insert "or trailer that is transported by a motorized vehicle." president chiu: without objection, the amendment will be made. supervisor mirkarimi: on page 3, line 6, under j "pushcart." any wagon cart or food serving device. i would insert "that is transported by human power." >> i would support that as well. i would add horse and buggy. supervisor mirkarimi: interesting modalities.
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good for san franciscans. page 11, line 12, insertion for number 4. in several weeks, we are having a major hearing so that people who are looking for information from many of our departments get it very clearly. could we please -- the department should maintain a mobile food facility page on its website dealing with all issues and pending permits. did i actually make a motion? president chiu: we will do one on the best motion. supervisor mirkarimi: on line 25, same page, just add "and on the mobile food facility" on the
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department's website. president chiu: supervisor mirkarimi has made the amendment seconded by supervisor dufty. without objection. supervisor mar: thank you to supervisor dufty for his leadership on this. i want to reiterate on eo f - - on-- one of the points of the property near schools. the main one is mission high school, and i appreciate the letter that clarifies that. the november be located close to mission high. and the commitment that he parks department works closely and department works closely and discusses with the school