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tv   Small Business Commission 111416  SFGTV  November 25, 2016 1:00pm-4:01pm PST

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of of three and four and i broke any angle she goes the extra mile that's what anyone says of zara she's compassionate and definitely hard working and a heartbeat of lower hate we need a community a sanctuary there for people so i've known her in many forms as a friend and boss i worked there and graduated school and she also interviewed me to o introduced me to my future husband and will be your minister so, now an ordained minister and brings things to the lower hate so, yeah i really hope that you grant her the legacy business status. >> thank you for the opportunity. >> are you a mid wife as well
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(laughter) >> (clapping.) >> and zara is next. >> hi, my name is zara and much easier to do bagels (laughter) i have only one word thank you for eastbound almost i never cry but they make me cry you already heard it so, please give it it us thank you very much. >> thank you very much. >> (clapping.) >> okay all right. number 7 jan bells (calling names) >> hello my name is jan i'm
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honored to be speaking to a san francisco commission i live in benchmarking and kind of berkley but san francisco felt like the gleaning wonder world at the top of mop up i came to north at berkley in 1968 and he never left and when i come to san francisco it is always special and when i discovered cafe international that made that more special because of zara she greets me as if they know me she probable does know i came from berkley worthwhile for me to see cafe international chief legacy status and i hope
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that you will agree thank you. >> awesome thank you for coming all the way over. >> hi, i'm cleveland i come from ta lay but here to prove the cafe international has a history longer than the cafe international i came to san francisco in 1970 and shortly after joined a jog man until the place closed and moved to the cafe international so been here and harbors old food like me so thank you zara and like to city city lights have not the status. >> we'll get to that. >> (clapping.) >> lindsey.
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>> yes. hi, everybody thank you for having me my name is lindsey and a resident of the lower hate for 6 years that seems crazy to be a long time but everything everybody said zara is truly a beautiful place and a couple of other places in the past few years go away like a mexican restaurant and left before the legacy business came about 3 is cool we have it in san francisco a special place and like everyone said i feel that zara knows me a special place the other thing we want to add a place for diversity you see a lot of places you walk in people look the same age this place everything we have everything and people are welcoming not to mention all the success with the open night jazz if this place left the lower
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hate i don't know what the lower hate would be thank you very much for considering this. >> thank you. >> (clapping.) >> good evening, commissioners my name is ross an i'm the owner and chief of anchor officer-involved shooti you for the opportunity and for your consideration and say how incredibly proud to be part of legacy business recommendationy. >> thank you >> (clapping.) >> next is
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(calling names). >> does this one work too. >> yes. >> my name is louis i was born and raised in san francisco. >> i'm talking about the cafe international and it is such a vital part of the lower hate at the helm is zara an amazing woman that speaks 7 languages i heard 8 and with a master negative impact economics in the environment encourages diversity and people from all the walks of life and all over the world go is to the cafe and her warm and welcoming nature feels like home to so many i can't imagine the neighborhood she helps artists and musicians launch their access as a recipient of zaras
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warm elizabeth i'm compassionate about this legacy business thank you. >> thank you. >> (clapping.) >> hi good evening my name is aaron an attorney and one of zaras advertising if you tell you her you're a lawyer she'll hire you or compelled to act on her behave i'm here this evening a regular patron and cafe international for the past several decades is a cultural institution that help to create community by providing a comfortable open safe and accepting place for neighbors to meet and gather in addition to bringing the neighbors together the cafe has helped weave the cultural fabric of lower hate in san francisco
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by hosting cultural and artist events for example, you have the every friday an open mike and poetry night one of the last of its kind not only in lower hate but san francisco that is ubiquitous one of the last events of its kind you have jazz on every sunday and those days jazz is regular gaited to bars and clubs and rare to have a coffee shop and every month local artists a of all sorts and at that point cafe international a more important to the neighborhood than ever lower hate is undergoing a democrat garlic change you, you count about 10 hair slogans within a 4 or 5 block radius but
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there are now only two coffee shops in the neighborhood without the coffee shops no other meeting places for community members not only is cafe international one of the last coffee shops in the neighborhood it is one of the last of its kind cafe international provides a contrast between the newer coffee shops with people plugged in with their headphones and the san francisco girl you read about in magazines i was there and people were playing board games on an evening the sweetest thing cafe is a rare coffee shop with a creation of community we must support cafe
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international because cafe integral this is a supported our community for decades and that is important to support cafe international without each other we're nothing thank you. >> thank you >> (clapping.) >> julia is next. >> (laughter). >> sorry. >> everything commissioners my name is stephen leigh small business advocate and a commissioner on the entertainment commission but today, i'm here a san francisco small business advocate and not a commissioner pretty much wanted to talk about sam wall maintenance to the community and uncle sam wall is basically has been around as you can see for
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one hundred years suffered 2 world wars and the moon landing and been around for one and 8 chinese new year parades for me when i came to san francisco as a student at state i enjoyed the night life at the time in san francisco and chinatown was the place to go eat and it was until my dorm friends told about this leader i couldn't imagine we went down that each experienced very good chinese food at a reasonable price but 24 waiter was yelling at us all the time we right the memo too long he said that is no a library this was crazy. >> as we went along and this was this coming and going and me
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as a small business advocate i'm impressed any business what survivor in the city over the one years and all the legacy businesses here i think that - it's a big contribute to survive all the things they go through as an entertainer by the way? julia with david ho the owner of sam for thirty years after his wife passed its away giuliani's father called china to take over the business and julie was not working but helping her parents when he was 9 years old the community stood behind it we want to continue sam as a legacy business for not only san francisco but the next generation i mean, you have people like ribbon williams
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talking about that and barry steward that promotes it and again, it is just a great when the community you know can get together since we're in operation is took a while to find the right space we employ 26 employees whether full-time or part time in san francisco so give back a legacy business to her father that will be able to retire with some money it is a stage back in the day she was not able to hold into the business. >> thank you very much. >> you want to say something. >> i want to - hi. >> thank you thank you, thank you everybody. >> (laughter) >> (clapping.) >> yeah, so for myself i've been involved in the restaurant for a little bit over 20 years since i
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was helping my parents out as a kid and i can is that you know not a day going by there is customers talking about the roof i mean, he was quite the character and has definitely brought a lot of people into awareness of the chinese restaurant and the chinese community and people that come through our restaurant are not just the locals in chinatown but have people from out of state and over the world and when we closed down a couple of years back we had a lot of support throughout the world we were shocked we were pretty - we were pretty surprised at a wide range of support alleyal over it warmed us to realize our restaurant was able to -
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because it is not - (laughter) yeah, so i mean while i was working there go as you can see - >> can you talk later please. thank you. >> when i was working at the restaurant it was a lot of different people that came to it new just the locals but people to spread the social and effects our food kind of for some reason was able to touch people a confront for people coming through as we reopen we still see a lot of people coming through and people have been coming here for generations where they great grandfathers
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and dads brought their fathered and so forth he hope one day this guy can help me run the restaurants thank you for considering us you want so say something. >> thank you. >> you're welcome thank you. >> (clapping.) >> all right. >> i remember that waiter. >> okay (calling names). >> good evening, commissioners my name is charles rath born the honor to speak on behalf of luxar cab i drove a taxi in san francisco for 40 years ago more than one hundred medallion holder he joined luxar to operate our taxicabs
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and luxars first 88 years and been a leader in providing transportation to our city's residents and visitors not able serve disabled passengers that need special equipped vehicles luxar offered this service along before the americans with disabilities act and a history as a pioneer in technology with the detail apps like taxi magic that was introduced years ahead of the ride services we hope soon to see a decal on the taxicabs announcing our legacy business status to generations of customers to come i would like to express our thanks to supervisor campos and, of course, to the voters of san
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francisco for their vision and creating the legacy business program and to supervisor jane kim for nominating us and also a word of thanks to our staff person rick for a it up job in helping me to navigate this process lastly, thank you commissioners and have any questions happy to answer them. >> thank you very much. >> you're welcome. >> all right. good evening, commissioners my name is a judith like to read my statement zara you and your families are cooked for thousands of people and in their families and created a safe imaginative space for families and friends for the lower hatred for thirty years you defer
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legacy recognize for our cafe international moving to the bay area in 1979 moved to the city in 1979 and frequented cafe were any band the bar jug band found a new home thank you zara for the honor and privilege and rare opportunity for experiencing the community to sharing our home to express our abilities who want to speak their peace and flourish and grow jack free man passed its away had to play for the opening and zara allowed us to play at the cafe ever since through generous and artistic nature nutures the musicians from all over the city our cultural bridge is essential to
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our neighborhood creating a peaceful environment and a place to work and play i want to express my deep appreciation to you, you and our family for allowing our band to play in our beautiful space all those years our legacy business is created freedom as endowed our community to thrive san francisco owes you a depth the gratitude to keep the live music and art for us you've created a welcoming place for a home cooked meal you can sit a while and have a cup of coffee and act in local art exhibitions this as closed to a golden 0 ways please vote to keep the legacy alive thank you >> thank you. >> (clapping.) >> who's next.
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>> yep. >> hi, thank you i'm peter hood the one of the owners the st. francis foundation i ask spent a lot of time talking about the incredible businesses especially the cafe international i used to be your neighbor the spaghetti western nice to see you neighbor i have one story to tell about the foundation in 2008, 9 a customer came to eat every day clock work everyday for breakfast after the wheels fell off in 2008, we noticed she started coming not every day but once a week any manager asked her what happened we don't see you anywhere and she said i lost any job and home but he keep on coming here one
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day every week to feel normal and still have hope. >> and that was one of the stories our great establishment has been doing for almost one hundred years hopefully in two years celebrating our one hundred anniversary not been that long in the restaurant business feels like that (laughter) absolutely i really a don't have much else to say i want to make some comments about the history that's been put together in i am r all the application and history best served warm with homemade biscuits and grave we can read about history but san francisco is about a living history and places you can go to. >> places you can be in, eat,
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talk to people can meet people and be part of community so we hope to be here for a hundred and maybe another hundred after that thank you very much. >> thank you. >> (clapping.) >> all right. do we have any more public comment? >> elaine. >> hi. >> my name is elaine aim the director of city line books i'm the publisher there and i wanted to say first i've been to a number of meetings at city hall and not such a happy one in my life this is beautiful so beautiful you're up here smiling. >> spread the word. >> i'm thrilled the legacy business project is this very visionary and important for the city i think we all are in agreement and wonderful to be in the room of people a beautiful list of businesses and almost a
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beautiful list of businesses on the register if we join i'll be very, very pleased and honored to be part of this we filed out the application because the fact that the city light has been here 60 years we're stable and then the initial stages of the legacy business program i was not inclined to apply i didn't want to take a space for one business that might need it more but we may not be so stable and this - opportunity might not exist for us and certainly i believe merit a place in the history of san francisco city lights i'm bias i've been there thirty years most of my life it is my home the home for many
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people i'm not the with only one that expressed the story of making coming to san francisco to make that place and just findings a home there will be people from all over the world invested in having city lights be here it is a huge responsibility for me to carry that into the future and stag get 97-year-old i want to make sure they're doing what their populated to do as long as possible and contaminate when book stores are to be disappointing they're not all the case what it is we provide and leaving of leave you with one quote in dark times like this we feel are difficult times into in the city and generally it is i think very important to
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be involved in an institution has to do with with the compassionate and the consist to ideas and other people stag g spaghetti is - we hope to continue doing that thank you very much. >> dres subt. estella gary's. >> i want to congratulate all the applicant and ask you to embrace all of us i think for
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different reasons one of our common themes has been about community and being connected and finds places that are important for all of us that's been the experience of us we've served as a place of healing and a place of gavrt a place of honoring our history our culture, and learning about other people's approaches to healing and not only a community based organization but connections with people in the city and worked for 38 years to become the premium provider of health and mental health services and we have addressed you know a number of the population issues in our community from trauma that
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people face and from issues of family unification and we've been devoted to the idea that we'll remain and support of social and emotional health of the community and made commitments to making sure that we are welcoming place that people can come to us they can seek support and help we see their strength we don't just so the problems before us but the resiliency so therefore we've created many communities relationships with them and families come to us for not only for the pain they feeling but really because they're seeking to find a way to remain health and safety and strong so institutes have been that place for 38 years we're proud to be nominated by
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supervisor campos office and all the people that supported this application and this process and again, we seek that place those places and i think you've heard today how many of these businesses have been that for people so thank you. >> thank you. >> (clapping.) >> hello, hello i'm natalie run a company called i heart sf i'm here to support the legacy business status for cafe international i sort of have a new perspective i've been here only for 10 years and doing business as in san francisco but i only stumbled on cafe international within the last year or so and it actually reinspired me to love to live here in san francisco what i've been doing for 10 years trying to create the night life and
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culture within the last 3 years of say a lot of people are starting to say the culture night life art is dead in san francisco as if it disappeared with the infusion of tech you know sometimes that is easy to get down on what was going on in terms of 6 gentrification and loss of community and everybody is walking around connected on their phones but disconnected in real life when i found cafe international that was a glimmer of hope to me this place was a place of actual real tangible physical community not just facebook or instagram but in real life people meeting each other and working on projects doing art and admiring art and the highlight is communicating with the owner
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so, yeah he had to come down here in any business you know newly san francisco schedule and make sure that i told you guys you should support legacy status for the cafe international. >> thank you very much. >> (clapping.) >> that's it are there any other anyone wish to comment that want to sing the praise of zara or anything. >> one big hallelujah that ended public comment so commissioners i'm sure you have comments. >> commissioner adams. >> yeah. there are 3 businesses that are listed i want to shout out to first say ross an at anchor if you've been a fixture on castro street for years you're part of community you know harvey milk camera store next door when we were doing the filming
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of milk you have always been there with us and part of castro i got to thank you for everything you've done for the neighborhood and second is ken when buzz and bob solid the business you came and jumbled in and not only did you create a space for safe sex but brought in other groups and organization that lost their homes and you came in and filled that gap what you do for our community as far as safe sex practices hiv and matt is like the marrow of west portal he is very much involved in his community you go
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to there and run into people from the neighborhoods there matt has been involved with the west portal merchants association, council of district merchants and if you need matt he will be there for you he's jumped in tea helped many, many people on west portal and the neighborhood and matt our awesome i want to say thank you. >> okay commissioner dooley. >> (clapping.) >> i wanted to say another great group of sdefrp people shout out to city light the heart of my own neighborhood but also want to say this is self-important for us to keep our sense of identity in in time things are very difficult we must persevere to make sure our city remains unique i had the privilege of vooifrt dennis i
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looked around everywhere in that town all legacy businesses maybe legacy of 5 hundred years we deserve the same and need to preserve what we have here so congratulations and fight on. >> km. >> all right. >> commissioner yee-riley. >> yes. i want to see congratulations and also hardware store i'm one of your patrons i get lost because of your inventory you and your staff are helpful he walk in there i ask a question you lead me to my stiff thank you and comment on sammy found that the same way you did because of the
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rude waiter an attraction for the city and lasted many, many years i'm happy you opened up in a new location and enjoy the location and food and you kept the same investment the same furniture tables and old tables and old chairs and old pictures also i'll come to see you more often. >> commissioners any other comments. >> i'd like to commissioner tour-sarkissian. >> it is a great honor to be part of the study and consider our application i was move forward, of course, i've been in the city for 35 years and know a lot of these businesses most of them and tell you that is a big challenge to remain in business for so long and congratulations for being here today.
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>> commissioners any other comments we're having great fun i'll open up for one last comment unprecedented i might add adds good evening commissioners my error in putting the broken calendar i put 3 b but i've been going to the historic preservation commission hearings as well as those commission meetings and he represent the landlord of the legacy business arrows which is 3 building inspection commission on our calendar and want to remind the commissioners the landlord incentive for the businesses to do well as well i remember in 1992 i was negotiating as a lawyer on behalf of the owner of the property right after the bathhouses with or closed and had to give advise to any client no. those guys seem reasonable and honorable businessman but
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might be out of business depending on the political but multiply leases later we're in a position to need an ordnance like this to help in the transactions we've advocated and sponsored arrows on this application ever since prop j passed its i'm sad to see the only one representing the landlords in the petition but the city and voters got it right their recognizing that ultimately an economic san francisco parties so thank you for your time and we heartily support the arrows application. >> thank you very much. >> (clapping.) >> all right. anyone wish to comment before i doubling close public comment. all right. public comment is closed. commissioners, do we have a motion. >> i'll motion we approve all
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9 businesses for legacy business stats. >> second. >> all right. roll call vote. >> commissioner adams commissioner dooley commissioner president dwight commissioner ortiz-cartagena is absent commissioner yee-riley okay. that motion passes 6 to zero with one absent. >> awesome. >> (clapping.) >> go home and tell all our friends you had other san francisco small business commission she should watch that every time it is on television and come out and see us thank you made that worthwhile to be with you all tonight. >> god we'll be lonely now
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this is terrible. >> sour apple. >> i'm good thanks thank you reminds me of - >> all right. you heard they're serving cocktails out in the lobby thank you very much. >> go ahead. >> all right. we're on to the next item. (laughter). >> item number 4 presentation and discussion regarding the
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disaster mitigation distribution item and office of economic workforce development and nathanal with the programs at meta. >> all right. thank you very much thanks. >> all right. thank you saint zara. >> thank you all right. hi good evening, commissioners >> hello there. >> good evening director and great to see everybody thank you for your time and we're really
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exist to present san franciscos new small business disaster relief fund i'm here with any office of economic workforce development agency that is represented by nathanal i'm holy the program manager in the office of economic workforce development vegetating investigating a small presentation i want to give a brief overview of the program where the project oriented from in 2012 mayors initiative and vision to help san francisco neighborhood district be economically thriving safe, sustainable and meet the needs of locals how do we do that we do that by showing we work on four goals within each neighborhood the first being attractive physical conditions, and,
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secondly, strong capacity and third high quality of life and fourth existing businesses thrive as we've heard from the last item of today's agenda we definitely are here to help existing businesses thrive and condominium to that a brief example of each of the program areas so to help attractive businesses in physical conditions we work to help the buildings of some of the commercial corridors that provides grants or technical assistants to the landowner to help with the signage and help in streetscape improvements working with the district and dbi and work in the are commercial corridors in that respect under the strong community capacity we've worked to help with the steering committees with the benefits organization we help the
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communities on the corridor assess dvd and we work with a lot of the merchant association the residents association under the high quality of life we work with a lot of local 0 police to hem the crime prevention and help with the graffiti removal and a lot of the diverse stakeholders and lastly like that seeing businesses thrive an area we not only work in helping with technical assistance and workshops and new businesses but exist businesses they assess grant program for capital programs like the ada program and program areas are resolving loan fund for the micro lessons and our merging business fund and a lot of workshop and
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technical assistance but then we also develop and incubate new programs like the new disaster relief fund give you a little bit of background of where we and how to do the disaster relief fund a lot of small businesses as you may know have limited resources we developed the program to provide technical assistance and access to capital forever businesses to initiate the rehealing after a disaster a lot of businesses within the first few hours release after a disaster they don't have a contingency fund all the files were destroyed in a natural disaster it is critical during the first few hours they have the resources and they have all the technical assistance to help them rebuild so that's why some the reasons
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we have the relief fund the relief fund we have technical assistance from not only oewd but staff from meta on site after twenty-four hours to our staff is notified and we notify others and multi culture multi illegal unit and had had onsite visit we had a thorough business assessment what are the needs of the business for them to relaunch and relocation we conduct a business assistance and recognize financial assistance to better understand their needs to rebuild we also through this fund program provider grants of up to $10,000 to each business and like i said it is crucial during the first hours and days they
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have a better understanding of resources and how to get to the next phase a lot of businesses have resources for insurance or traditional banks or even liaison it is the timing of not knowing when it will become available access to capital and a delay in funding is critical for small businesses to see if they can relaunch in san francisco and not only provide access to funding boutique assistance and fortunate to have meta ply there the competitive process to minister the loan fund nathanal will take over. >> we know that immediately
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that that make sense to apply and to try to administrator this program we are a wealth of experience for 43 years serving communities based on small businesses and especially the types of small businesses that will be impacted by a disaster or fire it is your you know local storefront restaurants and retail and carbon monoxide offices small you know one to 5 person offices impacted by disasters like this we over the last couple of years created over 40 businesses and helped this year expand 18 businesses primarily in the mission, bernal heights and excelsior neighborhoods but you know all throughout the city truthfully and you know we also we're drawing on our experience
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frankly was a new experience as an agency in responding to the january 2015 fire on mission and 22 that you know actually killed one person, displaced dozens and dozens of families and also displaced over thirty small businesses in that one fire i mean an enormous community effort and better to be safe than sorry we as an agency coordinated that effort and opportunity into two different relief few minutes one for the tenants and one for the small businesses impacted and it in some ways feel into our laps as a neighborhood goes to figure out the perimeters of how do you fairly and legally collect those funds and distribute those funds
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and set up on application process but an application process that didn't just add more and more burdens of the lives of the tenants and enterprises to have gone through absolute help drawing on that experience and also recognizing that we have been adding several other components of programming that are complimentary to something like that the disaster relief fund we in the last year nature launch the only community fund to provide small businesses loans of one to one hundred $50,000 to businesses that played a role in helping one of the businesses impacted so by the disaster relief funds it is helped them get on their foot as
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well. >> so there was - we'll talk about the first instance of responding to a disaster here in a moment but interesting this - there was a fire june 18th in bernal heights and it occurred right as we were beginning the discussions with the city and specifically to holy and her team around the perimeters of team and those discusses and planning really set up after the june 18th fire had to quickly come up with basic goiblth criteria and application the application process and we had to move quickly you know so we came up with an application you see the first page it is simply be for for
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profit business located in san francisco and not have you know been the impetus for creating the disaster yourself you have to commit to make a good faith effort to reopen and relocation in san francisco and a good faith effort to rehire san franciscans and then finally a good faith effort to partner with local technical assistance like meta and the small business center and other ta providers in the city that is a two page application simply you know part of that our goal to not add another hurdle to our business owners lives as they're trying to piece together so many things after a disaster like that so june 18th the great fire at
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mission and 29 it devastated 9 businesses most of which were not able to immediately reopen i think only 3 were able to quickly reopen and had minor enough disadvantage not keeping them closed indefinitely and impacted 40 residents and 6 buildings and within you know 48 hours that fire with an on a saturday and monday more than meta and supervisor campos office and others were on hand meeting with the business owners in the inhibited and talking about you know the different resources available to them and the disaster relief fund and at this point we didn't have an application we were very quickly pulling that together also
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helping the businesses navigate the you know other disaster reform documents the city used to report to you know state and federal government about this as a disaster to try to get a disaster declared we're helping the businesses in english and spanish naeshg that and once the application was made available we had 5 businesses apply for disaster relief funds really to provide initial stability to cover fixed expensive one example a business where you know they having had employees that went a week without pay and the business owner wanted much
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of the assistance ceremony to help with the employees not necessarily expenses for the business a variety of uses of funds from the grants that are provided with each disaster we put together an ad hoc committee from the city and folks from meta and a small business owners in whatever community impacted for this we pulled in a small business owner from 24th street corridor nearby familiar with the neighborhood you know patrons of many of the small businesses that were impacted we've thou far dispersed 50 thousand for disaster funds for the three hundred club and a
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food restaurants and locals two of these businesses are reopened and 3 are in various stages of reopening with concrete plan for example, cold hardware located all employees to at stores and not laughing anyone and now i think very close to opening two locations one in north beach and one in soma but you know another business that of served was e line grant around three hundred 50 thousand in damages take two years to rebuild in the same location we helped them one received $10 disaster relief grant introduce this fund and also connected then with another business to reorient at least in the intermediate period towards
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indicatori catering we gave them a $70,000 loan they'll be opening december or january slightly up in the air because of buy out we spoke with them today they're moving quickly through getting reopened in the excelsior a neighborhood that make sense for them given their clientele so you know looking at the accommodations of services that are we're able to provide as a neighborhood serving organization from the actual by ta to our community loan funds to our connection with so many partners in the city and other community-based organizations that really has
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been a partnership that make sense and early in the piloting this and we hope to report back after the entire you know year is gone to see what lessons we've learned and what kind of success and failures we can learn from this i'll be happy to answer any questions you may have. >> commissioners any questions or comments commissioner dooley. >> i'll do it after. >> commissioner tour-sarkissian. >> thank you for your presentation interesting a lot of businesses don't know about that and it is it would be nice you're here today explaining all of this to us i have a question and with the benefit of those listening you said that there should be a finding of disaster that the
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disaster has taken place you - can you define that are we beyond the fire or anyone has to make the findings should that involving more than one business so that's kind of an important question that i'd like to kind of an answer for so people know whether or not they quality two so i can give all the question is the financial aspect of things. >> talked about the grant of one thousand dollars and small businesses he want you to explain what it means who has assess to the $10 rent and we talked about loans that you help whether you make the loans or provide the funds so i want to know about the events qualifying events and the qualifying or the funding that you provide whether
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a grant or loan thank you. >> that's a great question sworn broad as possible with the definition of disaster we took fulsome existence it resulted in property damage and death arrest injuries to a community. >> so with took the small business commission definition which is fairly broad it obviously cold hardware is a much smaller small business than cornett's or the three hundred club but part of you know the review for the relief fund to look at what is the community benefit that comes from trying to with get this small business back on their feet and i think
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you know for us no question that cold hardware or a business like that a smaller business in the community plays a tremendous roll in the community we thought that was important to keep the existence as broad as possible and go with the other definition. >> in other words, have another of the beyond the disaster. >> not net one of the many factors the fact is if you're a small business and your impacted by a disaster then your within the city your eligible to apply. >> how maybe let you answer the funding issue because you might not - but how do we get
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to you, you talked about getting to them but how to contact you. >> contact meta mission development agency at the 4152823334 you know our goal in working with the city is that folks don't have to seek us out when there is a disaster with an 48 hours of a disaster take place coordinated fashion between the neighborhoods team and meta we're in that communicated and potentially partnering with other neighbor community-based organizations actually reaching out to those, too. >> sure. >> so i think my question was answered 800 so disaster ♪ context didn't include a financial crisis even if it is
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internal like one in the country or a personal health crisis; is that correct >> that's correct. >> so basically act of god or a fire or something like that. >> okay. >> all right. >> any other questions commissioner yee-riley. >> my question the grants for $10,000 is that for everybody. >> businesses what quality up to $10,000. >> they clean out in the application for small businesses going through a major disaster like a fire their needs been grandchildren $10,000 we don't presume this is going to solve all their problems our goal to help to stabilize the businesses with the $10,000 in immediate
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relief funds with the technical assistants and assess the long term loans for example, with the e line grant taco we were able to quality for our loan funds over a 5 year term a very affordable monthly loan payment for a business trying to stables. >> whatever the needs steady the 10 thousand we provide a loan. >> we'll encourage them if this makes sense for them to apply with us or apply with other lending partner with the f b.a. arrest a multiple of small business owners. >> whatever they qualify. >> when it comes to a loan whatever the lenders says they
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qualify for . >> how quickly in disaster relief. >> at this point yeah, he think we can probably do it within 10 days. >> that is important for a small business proshl with no cash in the bank and suddenly faces displacement like getting samoan to assess the damage you know can fall with an the immediate needs. >> absolutely. >> that's fine. >> open up for public comment see if we have any public comment. >> do we have any anyone wish to comment that wants to comment on this item. >> commissioners ray hart for san francisco open government. i mentioned in any earlier comment i moved hereafter 25 years in hawaii and in hawaii i taught for the universities of hawaii for 14 years business courses most of the teaching at the main campus on the island of hawaii were the great-granddaughter students
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trying to feel their way into the business world and days where they're going i taught at the both campuses on the big island of hawaii and 90 percent of people that attend my classes were small business persons and one of the things we realized quickly is that the main reason businesses fail is under capita summon they don't have the bucks they sort of start with the idea i'll only the door and all of a sudden 50 people walking in to buy everything and not enough money for payroll and so forth so one of the important things about a program like this is going back to the previous item with the legacy businesses businesses are interval parts of community things or operations that have been there people are used to they know where they can go to get their needs i need it
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right now type of thing or fixing up my house it is important to them and interval to what the neighborhood is and important to the people for their own mental - nothing is certain but death and taxed i'd like to change that death and change and people don't resist change but front yard of that i think our recent election brought that to the front and not the fact their resistance to change when they don't know how it will effect them if i have a small business and an opportunity if a disaster occurs i can go to them to get assistance to maintain my business i'll be able to maintain the business and pay my
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employees by spend the money partially in the community that helps other businesses i'm going to be able to continue to employ people with their benefits like health coverage result not only helping the small businesses help the individual business owner that helps the entire community and again goes back to the maintenance of the center and the feeling of the community starbuck's will make you buy insurance that's part of our contract as a photographs and having a program like this kind of steps in and fills the gap. >> thank you very much anyone wish to comment seeing none, public comment is closed. commissioners any other. >> regina so there is one little bit of information i want to share with you that mayor ed lee has made
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it is been important for the city to respond to our small businesses and those disasters to one of our questions commissioner tour-sarkissian we have it where the fire department can calls one of the individuals that we have identified in the investment neighborhood program when a fire when any business is effected by a fire in terms of how businesses get connected we have now set up this relationship. >> thank you. >> all right. thank you very much fewer presentation much appreciated and great work you're doing and hopefully, we will not need our services (laughter) all right. next item. >> item number 5 update on the legacy business program duration
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item presenter is the program manager. >> okay. >> thank you. >> good evening commissioner president dwight richard project sponsor i have a power point presentation today i have an update on the legacy business program for september and october 2016 including statistics, major accomplishments and press and major upping activities i presented a report that is distributed and copies on the tables for members of the public u members of the audience and in
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september we received 7 legacy business nominations and $700 in application fees that are $50 per applicant the historic preservation commission reviews 5 applications in october we received 24 legacy nominations 21 applications and $850 in fees the historic preservation commission reviewed 12 applications and the small business commission reviewed 8 applications and listed all 8 businesses on the legacy business register from the programs through the end of october one and 15 nominations, 80 applications, and $3,450 in application fees 36 applications were reviewed by the historic preservation commission and 26 businesses
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listed on the register. >> major accomplishments in september including submitting 12 application for the historic preservation commission for review check printing services and a request for proposals issued boot office of economic workforce development to grant payments to the legacy businesses that will not be able to get set up with the city and county of san francisco. >> extending the business assistance grant deadline to december 15th and partnering with working solutions on they're new retention program that requires helping the applicant with their applications. >> major accomplishment in october is the addition of 8 businesses to the registry and submitting 28 to the historic preservation commission completing the business assistance grant guidelines and application and submitting to the board of supervisors for review
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and participating in district one town hall meeting on the legacy program press in september consisted avenue news article by the heritage press in october was extensive with articles about newly listed legacy businesses like the book smith and cafe international dog-eared books and lurking and creative design and the 3 book stores awarded the legacy business status on october 3rd and henrys house of coffee for november and beyond contract development for the legacy business checkpoint businesses and the assistant grant application on november 10th and
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9 legacy business applications reviewed today and 13 legacy business legacy to be reviewed spc on december 12th, rules and regulations for the stabilization by the small business commission and the logo and branding for the legacy business registry pardon me. >> i'm sorry for the legacy business. >> yes. doing a logo for the program. >> who's working on that. >> we're issuing an rfp i would like to be involved that that concludes my presentation. i'll be happy to answer any questions you may have. >> commissioners, any questions. >> commissioner yee-riley. >> nominations received 24 applications received 21 so the
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3 of them did not submitted an application in october; right? and this is constantly like nominations coming out and nominations without plaques and some without nominations sometimes they happen on the cusp of the month with the actually numbers hard to look at the numbers. >> it is the timing. >> a lot of timing. >> i'm looking at 21 applications and only 12 were reviewed by the historic preservation commission. >> yep. >> the timing. >> a lot of timing and review that goes into them and a lot of scenarios that note a completely clean process constantly up in the air what goes to the historic preservation commission and on this 8 reviews by the small business commission what happens are they coming in
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later. >> coming in later. >> thanks. >> commission any other questions. >> is this a legacy. >> no. >> i can't seem to cancel them. >> anyone wish to comment on this item seeing none, public comment is closed. thank you, richard appreciate the presentation nice work >> all right. next item. >> item 6 discussion with the golden distribution item presenter is regina executive director excuse me - of office of the small business commission. >> commissioners so i distributed on your - to you at the beginning of the meeting a draft rules and regulations inform printout and there are copies for the public
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the table should they want to review it so there are are a few items based on some of our based on some of the depreciation and advice from the city attorney he wanted to walk you through how some of the core things of items to discuss and for you to give direction and guidance back on so we have outlined to follow the format of the - i've created a criteria pulling out from the administrative code the qualifications for landlords two specific qualifications that pertains to landlords one they don't owe - they are current with their financial obligations with the city and that there
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isn't a relationship with the business so, so that the landlord and business is not related so the city attorney advised that we take a similar definitions that the health care security ordinance uses with related and that was with the i r f code 163 knowing those are complicated financial corporate relationships and that i'm not sure how many of our businesses will fall sort of in those kind of structures so i've also added a definition in regards to immediate family members so that if the property is owned by a spouse domestic partner or stepparent i have a list that is one of the - that relationship
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exists than the landlord does not meet the qualifications to apply. a grant and then some discussion where you may want to provide direction by some sort of potential percentage ownership where they're may not be corporate relationship but potential or financial - excuse me - maybe a percentage of financial ownership either through ownership of the business and a loan to the business i think the expect if there is some kind of financial relationship there is a way for that - did landowner to work and evaluate the rent to make sure the business stays in place
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- so that's the direction and commissioner tour-sarkissian i'll stop and let you provide feedback >> two comments first of all, section 163 is a complex code section and i don't know to what extent we're going to be able to scrutinize the landlords and tenants and how we'll kind of check whether the section 1563 you know the standards of they're related brothers and sisters so the second about the landlords not having an interesting we're talking about a lease the landlords has a fix
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you know monthly rent plus a gross that creates financial relationship with the tenant is something to been and coming back to section 163 we have to understand how we're going to manage how we're going to apply and whether we have the skills and time to do so those are the - >> i think the challenge with that particular criteria is even if if so it familiar relationship how to make that determination i think at a point in time they'll have to certify under the certificate i checked the box i have no relationship under internal revenue code 198463 and no familiar relationship they check that sort of i attest this to be true
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so, of course, if we do somebody comes forward and says this is not true we'll take those steps i don't know we're not going to have the capacity at all to be able to really investigate into the relationship between the landlord and the tenants and have to take it on the face value that the landlord is providing accurate information and that there are - and we'll rely on their certification as as to the issue the landlord didn't meet the definition of percentage of ownership or financial relationship will that exclude the interest in the businesslike percentage rent and a lot of rents in the city provide percentage there's an
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threshold about the sales as would that. >> those are good thoughts. >> would that be an interest. >> i'll take direction in discussing with the city attorney and having them give in consideration more of that i think our discussion and drafting this is more of the landlord has a percentage ownership not through - >> this like one of our retail tenants they have a mall based rent but pay rents based on percentage of sale. >> right that maybe tied to what the rents is as opposed to you saying i'm giving you in amount of money so, now i have 10 percent ownership in the
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company. >> not an ownership but. >> discuss this issue because the lease can be set up such they're may not be a percentage of ownership but the lease set up such the landlords has an interest of having an ownership. >> if the business moves and no longer renting leasing from them; right? i'm just - i think what we're trying to get this relationship maybe continuing regardless of - i just to get clarity with that kind of relationship. >> move that no more. >> so maybe we need to insure it is clear that kind of lease relationship - does not -
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>> right. >> didn't disqualify a landlord that's what i'm hearing from you; is that correct. >> i'm saying i didn't talk about the qualifications that is something we should think about because it creates an interest in a business that's the purpose the landlords want to benefit from the up sales the increased in income and that will often landlords have an interest in the tenants i'm bring to your attention. >> it is typically exclusively shouldn't represent an ownership in the business. >> strictly a claim on revenue or profit. >> not survive the the
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termination of the lease and if we look at ownership whether the landlords has a continuous interest in the business that's not going to be an element to take into account in terms of that clause is. >> plausible so from the tenants move out not assuming the lease will not be applicable and the landlord will not have an interest this will fail that type of thing will fail. >> great this is where the commission has a little bit of the discretion in terms of when sort of writing the rules those are the kind of conditions we want to disqualify and those are the kinds of continues we want
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to say not a disqualification for tonight i'll take that direction from the commission if you think this is the direction - the scenario you brought of scomplen want to insure did not disqualify a landlords then then he can take that direction to make sure that what we write a landlord didn't read that scenario into - >> if we are rely on in my opinion rely on one and two talked about the ownership not necessarily the other types of relationships so to be in line with one and two when we not disqualify the lease provides
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for a percentage of lease income. >> i want to make sure that because - little commission is comfortable so when we set the rules and regulations if not through the scenario of the lease condition of paying a percentage of rent but if a landlord is at large to a business but not didn't have any of the familiar relationships and corporate relationships but a financial interest or ownership in that business that should that landlord qualify or not qualify when they - >> those provisions make that clear that equity interest is precluded that's disqualification and it is only speaking of ownership shares is an inject interest a loan is not and taking a stake in profits as a whereas condition is not an
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intricate interests that is a different relationship we don't need to unless we think of o any other disqualification relationship in my mind sufficient specification for excluding someone to insure there is no conflict of interest related to equity or failure. >> i agree i think it should be an equity interest with a family relationship and not an interest as you know, in the income it maybe applicable to a lease. >> are we're going to go back we mentioned that briefly in the past what about a business that owns their property are they going to be permanently excluded i meant to add yes, a business
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that owns their property that is - that's a. >> yeah. by definition the landlord has an equity stake and the landlords is - so, yes i mean, you could simply add on to. >> item number 3. >> item number - yeah item 3 by definition this excludes any business that owns the property in question because that by definition makes the landlords the owner the sole owner and to that constitutes an equity. >> all right. then he wanted to brought to your attention that i've now specified that legacy businesses the landlords - legacy businesses that are operating under leases with the city and county of san francisco
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whether the department of real estate the rec and park the port of san francisco or any other kind of government agency that those landlords are not eligible to apply for a grant. >> correct. >> i'll add in also legacy businesss that own their own property and the lease qualification starting with the lease and we have any lease or lease extension starting january one of 2016 and has a term of 10 years and definition of a 10 year lease a lease for a full 10 years you have given an indication of considering a 5 a 5 an option to renew
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and then of course there is under the guidelines of the extension of a lease in a legacy business current has two years left on the lease and the landlords extends up to another 10 years that lease can be even though not a full 10 years will quality to 10 years that lease will be eligible may i have a comment. >> that's what that is for . >> the option lease that is for full 10 years is self-explanatory the lease and 5 and 5 the option to renew that is 5 initial in terms of and 5 options are we not considering other combination of 7, 3 or is that going to have to be 5 and 5. >> this is a your direction to me.
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>> so, i mean you didn't provide that direction i put that in to our direction to me in terms of what you want to consider in relationship to that. >> i've never heard of 7 and 3 normally 5 and 5 for a i've never heard of odd - i deal with a lot of leases and never seen that. >> you can put in combination of 10 years to cover yourselves. >> number 2; right? >> right. >> that's the combination. >> yeah. yeah. >> i think that makes sense. >> all right. and that - the options to renew are that that is, i think this needs to be
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wrilth in a slightly better legalize but to the tenants initiation. >> usually not usually left to the tenants to make that clear the dependents option to renew the option must be granted as a legacy business decision or left to the legacy business to renew under the general conditions of the lease. >> okay. >> and then signing the lease it needs to be signed by the legacy business and the landlords prior to smichlt the lease with the application and that is - we're going to
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make sure that the landlord provides some verification in the application that the landlords insures the legacy business understand the city and county of san francisco is makes no guarantee that that will fully fund the grant application so they understand that that issue maybe there prior to the legacy business entering into the lease with the - into their lease agreement sorry. >> so - >> again, just wanting to make sure that while the legacy business and the landlords will be negotiating their lease we want to make sure if there are a discussions about the rent stabilization grant it is clearly understood that the
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legacy business clearly understands there maybe situations the city may not meet their obligation and square footage part of prop j is identified authorized use of funds so the it stipulated that it goes to the qualifying lymph gland and the office of the small business commission cannot stipulate conditions on the utilization of grant that is made clear special contingencies in the lease in prop j it does allow a landlord to put into their lease that should the city not be able to meet it's obligations on the rent stabilization it could cancel the lease so - but we are recommending if they put
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that clause it - that clause it there due to the city not meeting it's obligations not because the landlord decided not to renew their lease or that they didn't meet - they have outstanding financial issues that disqualifies them from receiving grant fund and and/or the landlords takes any intentional action to disqualify their application from the grants. >> on number one when they're doing this negotiation for the indication therefore renew it for 10 years after the 4 year something happens and the grants is not available then does that void the lease and prop j allows the landlord to put that into
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their lease. >> what will happen they can just - would the lease be voided if so part of it or the rents higher. >> if in fact, the funds are not available that's the condition then either party can terminate the lease, of course, the landlords can do it and the tenant may not be able to sustain the financial burden and must have the option to get out of lease otherwise if this funds is not available and the decision made by the tenants otherwise unable to fulfill it's obligations. >> one potential thing we might put in here this is an eviction could be used as an eviction unique so the city
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suddenly didn't fund this now i get to evacuate my tenants what we can put in an addendum from the tenant is unable to find other sources of $4.50 maybe the base can pay it all right. but i think the - the person the lessor, if you will, should less should make up the differences not found the funds to preserve the lease and term of the lease as provided for should if that 450 were available some kind of language to find another language for the 450 and this say, i i if i may to remind you the tenants will sign the lease
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in which by the terms of which the tenants will good faith itself to pay the rents and then comes the funds that is going to help the tenants pay the rents. >> right. >> if in fact, that money is not available the tenant is willinglyable and ready to pay the rents there is no way the landlords will terminate, however, if the tenant can't afford or didn't pay the difference as covered by. >> he'll get evicted. >> he can, evicted and otherwise especially, if the protection to the tenants the tenant has an obligation to pay rents and that can be very heavy burden therefore this clause will allow the tenants to get out of the lease. >> i think the bias the intention will be to provide for an exit for the less but not
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provide for an vocation preceding by the lessor from the lessee can pay the difference. >> from the lessee pays the landlords shouldn't be able to use the lack of funding to say oh, we don't want our money. >> you could make that explicit. >> i think there could be i want to make sure that i work with the city attorney i was somewhat thinking along the same lines but a condition or we want to make sure - i need to hear direction from you to work with the city attorney that there could be a situation with allowing this clause where the tenant is paying full amount of rent it is not the grant is not an offset because the funds - the way that is written in the most
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simple funds the way the grant is cut off the property owner is able to terminate the lease so it could be situations where we're not providing the funding but the tenant is still paying the full amount of the lease so if you want me to explore. >> do we include the flexibility where the tenant can pay for a the difference. >> why want put in a clause and add whenever appropriated that the event that the fund is no longer vertebral for whatever reason the tenant has the option to get out of the lease, however, you say that legally that should be written into the lease if the tenant is able to
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find on alternative source of funding for the amount on which the lease was made contingent than the lease will remain for the term of the lease. >> right? so if you come up with the money you can keep the lease but if not and the city will not give it to you that's not our eviction clause as a landlords if the tenant what come up with the money from an alternative means; right? the city is paying the money directly to the landlords this is a call to action for the tenants look i'm give you the money i can afford it or i found something else to provide that same level of funding. >> but it can't be an opportunity for the landlords to turn around and jack of up the
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rent or evict. >> they. >> business as usual if you find the money in not the opportunities to end or renegotiate the lease. >> the way it is written that is protecting the lymph gland. >> no. >> not really. >> so- >> paul is right. >> how to protect the tenants in case the funds stop we'll say the city grant is no longer available. >> well - the terms of the lease. >> it is tricky. >> why not ask the city attorney i think we're in - we all are talking about the same concept i think you can approach the subject with the city attorney so not spent a lot of time. >> we'll propose the language
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to the city attorney to confirm. >> yeah. i think first review the concept to the city attorney and if they have obvious reasons that is not okay then great we'll not waste any more gas but if it is an interesting idea we'll grab the languages. >> the expect is so clear that issue comes up with the money is not there and the tenants can't afford that the condition is there is no money and the tenant is not paying we must mark that clear to confirm that. >> by the way, the case if we were to hear on the grapevine and business had somehow it's fortunes changed and they don't need our help we'll consider that in the reevaluation of the annual reevaluation of the grant
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we'll not giver the grants to people that don't need if all of a sudden look if blue bottle coffee and one little store we have to keep them around and all of a sudden $75 million we'll not give them a grant to keep the one location that's a change no circumstances. >> i think outside the box as problem the way in - that's the science the legal advice given our city attorney on the way the proposition was written for both the grant program. >> okay so i think you know. >> that's an unusual circumstance. >> but part - so i think you know in terms of being clear by a some the qualifications are. >> we just can't in my opinion and of course, your attorney will has to confirm that we have
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to look at the needs and the outburst sets when we qualify the businesses and extend the grants we'll not in my opinion parts are not relying on our findings we can't revisit in a discretionary way and capricious way there are monies that have come to the tenants at a that's right. >> something to be - >> well, actually that - well, that case would be a change of ownership it may not be a buy out but any equity investment will be a change in opener and changes of opener transitions we might want to ask the zaff in the events of a, i.e., major investment in a company and that people buy
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businesses and their determining they're under worked businesses that will be a case where we want to have some information from the city attorney to take them off the roll that is a change in circumstances if you change the equity when you change that may be considered an assignment and can be complicated we need to discuss that issue. >> that actually maybe a further discussion for the components for the businesses as well were about we're on a tan gentd we want the city attorney's opinion we might adds language around the ability of a lessee to pay the- the have you
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felt i cannot amount should the grants disappear from under the city and or cancel the lease strictly because the grant went away okay a second issue which is urban related to that is in the finally of a change of ownership of a business namely a buy out or investment is that legitimate grounds to re-evaluate the eligibility of an existing grant. >> so two different based cases and all all i'm asking is for staff to go ask the question and report back to my further work to be done on those two questions. >> all right. thank you and then lease that the property
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owner a landlord needs to submit the fuel lease that it does suspect that in prop j and then language the offices effort to maintain the confidentiality and item 6 goes into how the few minutes are allocated and note at the bottom of that section that there's a thirty day grace period for reapplication and i'm not going to repeat how the allocation goes we've gone over that many times in terms of when there is enough funds and not enough funds and then we'll have on the application the specific area of cervixes where the property owner is aware that garment bag is an annual granted
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both the landlords and legacy business understand the amount of grant various and be awarded at less than 450 a square foot the landlords meets all requirements and that any break in annually replying for the grant can may not be can remove the qualified landlord from the prior year status and that's just for funding allocation and then the office of the small business commission will annually not the qualified landlord and the legacy business of the amount of funding that landlord will receive the fiscal year and then the clause around the denial we have the authority to verify all information and that any time we found out false information in
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connection with the application or response that we can deny the grant. >> so back on - so, now we have another issue what from the grant amount is less than the original amount is that a condition we need to say the up it is a condition we have to see look the lessee make ups the difference or opt out of the lease because now meaning now leans they expected less than they signed up for that can they opt out of their lease is that an exit clause for the lessee you know kind of in the option direction do we need to make sure that is not an opportunity for the landlords oh, we got 350. >> i think that condition -
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>> it is a good one. >> less than or zero less than over and over not zero is the condition we want to get the city attorney to look at this and protect the lease. >> the attendant should be able to get out of the lease if the amount received which makes the difference is less than $4.50 per square feet the tenant, however, should also have the option of making up the difference if his or her decided to do so. >> yes. >> we've been talking about and contemplating the whole thing went away if the amount is less than the original amount. >> i think outside the box is only going to apply in the situation the landlord has agreed to allow the offset.
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>> fair enough. >> are reworried about getting into the actual lease itself and the stipulations. >> there are around the perimeters of prop j which. >> do we need another december classroom in the lease. >> what - what the lease to be to disqualify from the landlord wants to have a lease that will disqualify. >> i'll have to see that.
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>> thanks have we beaten this one up enough now open up for public comment. >> okay. no further comments from the commissioners any public comment on this item. >> i'm the only member of the public regarding i want to say i appreciate your thorough discussion i go to a lot of board and commission meeting and unfortunately you get a perspective that the things presented are ringed no thought your obviously give-up this a lot of thought the first on section 2 b where it talks about the on status that come down to the basic understanding of ownership if i'm a landlord with a lease and my lease says he get a fixed amount plus personal
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property profits i'm not the owner but if it says i get a fixed amount and if you have a loss i have to then grurns you for a certain percentage that makes me an owner that falls on whether or not i have liability in the arrangement rather than any other question commissioner adams mentioned not seeing leases that are - seeing leases with a 5 year option to renew but not 7 and 3 that situation may result in some of those i'm a tenant and have a 5 year lease but two years both that lease i now have 3 years remaining but need 10 so i may just work with the landlords to renegotiate the lease and put make that an option to renew for seven years so in terms of i've
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eaten up two and add the option change the option from 5 to 7 i qualify for this and both the landlord and the business would certainly be willing to consider that in most cases i've appreciated the chair dwooiths bringing up the issue of the what happens in the city didn't provide funds unfortunately, we know in this city landlords that utilities whatever option if they can make a quick buck if this is not clear that just because the city does not fund this extra allowance you cannot just kick your tenants out there are going to be cases lynn like that it is brt to make that clear so you don't actively get into this situation and i think you know again, i want to say i
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appreciate all the mind to go through this and objective your thoughtful people and want to do this right and that's the best way to do anything whether that this or raising children. >> awesome okay any public comment? that want to comment seeing none, public comment is closed. commissioners any further comments. >> okay. >> thank you, commissioners move on. >> okay item no. 7 duration with the passage of proposition 64 and the draft memo with the considerations and thoughts regarding the potential use of marijuana a m a particularly the issues with the concern for the small business commission. >> commissioners a couple a little bit over a week ago we
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provided you with a memo with high-level considerations in anticipation of prop 64 passing it has so this will be a fairly - the package and prelims will be taking up your time as we get it gets moving so i wanted to owl sort of what are some of the broad ms. campbell's and considerations from a policy perspective not from specific - not having specific recommendations but broad consideration so take a look at land use i think we can sort of take into
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account - there's be the cultivation and is manufacturers from the cannabis the cannabis plant to the distoleration that you make eatable products use in vaporing and the retail side as well and what will this potential landscape look like there's other things that will be small businesses will be engaged with but there is dealing with deliveries and dealing with the cash flow management right now you can't
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legally bank in a bank since this is not a federal federally recognized as an illegal product so those will be some considerations and, of course, the city will have to figure out how it will - as this commission and the body of small businesses pushing and moving the city to moving in the direction of taking credit cards and autoing we'll have to look at how to process large amounts of cash so in the memo that product with pride you with more
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information about the executive order and one of the first driveways is issue an interim controls around pdrs that relates to cultivation and then meet the january one, 2018 timeline requiring the draft ordinances be before the board of supervisors no matter september 21st i think as we know from september to january one may not be an adequate timeline so for be able to know what there we may need to look at implementing 2, 3, 4 in phases so really working with what - current existing businesses and then what do we
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want the landscape to look like we may need to phase in the regulatory both on the zone and licensing timeline then i think just i think just to - i'd like to hear some of our feedback to catch would go proposition 64 the legalization of the adult recreational use and vs. this is. medical use but businesses that want to do both you know recreational and the medicinal and manufacturers those that want to manufacturers
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the distilled products for manufacturing but recreational purposes as well as retail so that's one order we're looking at in terms of highway those two licensing timelines are flo underway to provide you with that information and then you you know do we want to give consideration around secondary uses so if a pet store want to provide possible medicinal medical products targeted for animals can a pet store sell that as opposed to to right now if you want to use that to apply that is it is all done through our current mcds so
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there maybe in terms of kind of - businesses that may want to engage with that has a kind of secondary use and so do we want to give consideration so what minica and i will do to start next meeting sort of a series of giving you information if there's that proposition is extremely dense i have to go back and reread and reread it to understand it to be fair to you, we want to make sure that you have a thorough understanding of it because we get into developing legislation so you understand. >> sorry to interrupt he get it none objects i didn't study in issue balls i'm not sure ami to study something that maybe not pass i'll recommend thank
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you. i'll appreciated if, if you do what we have analysis to educate us to also enumerate the business category you think requires that are subsets the universe we'll need to consider that have unique characterizations so without any other further discussion this evening i think we i get that will be complicated it is extracted it is federally illegal and short the sanctuary city for marijuana as other things so and there are lots of considerations so rather than kind of have a random walk through let's codify and present them to us in a meeting we'll discuss them now we know that is a reality so i would like to suggest that we move on from this issue. >> great as far so go and not
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discuss it further we're anxious to get out of here. >> please questions and direct any questions or things want us to research feel free to call or e-mail us as we get into this. >> this is work in process. >> my advice this is state so you have to see what they'll do first okay also state law will trump anything we do here i know that talking with tuesday night with gavin everybody you've talked about they want to work on a state level we'll see what happens there first so have a new effects in washington, d.c.
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the attorney general by directive of the president you know president were raiding medical places that may be reality folks you know and as long as congress declares marijuana as a class a drug like commissioner president dwight said a lot of this may be mute. >> let me - >> we're like days after the election tells the elites let it it sink in the taxation is a major one let's let the powers that be sort of through now they know okay. now what do we have a piece of legislation you figure out all the problems with the legislation in the meantime i suggest you identify any
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special interests sub groups within the small business we need to consider because of their unique characteristic and their legislative issues we'll start the process. >> i apologize one thing i did fail to mention is and the commission did hear this and approve that the in violation of the cannabis task force locally which minica is hsa better to be safe than sorry been attending the meeting they've drafted a group of recommendations that fails in line closely with the first memo that makes recommendations they accept cannabis at a local level. >> the working group states. >> there are monitoring what is happening at that state and yes i mean, you're department is
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the department of health is working very closely what is happening with the department of health at the state level. >> i think that is important to come up with two sets even if recommendations. >> there are a significant number of items we'll be looking at and figuring out with those are. >> thanks. >> okay can i call for public comment. >> anyone wish to comment on item number this item seeing none, public comment is closed. commissioners any further comments. >> next item. >> item 8 approve the minutes action item for the october 24th draft minutes and i motion to approve. >> public. >> any discussion before we have public comment on a motion no anyone wish to comment on item number seeing none, public comment is closed. commissioners a motion.
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>> i motion i second. >> motion what. >> that we approve the october 24th ho october 24th hour draft minutes. all in favor, say i. >> i. >> opposed? okay. that that motion carries 6 to zero one absent okay. >> next item. >> number 9 drortsz update on the office of the small business commission and the small business and policy and legislation announcements and announcements for that the small business activities action item. >> commissioners mayor ed lee both last week and this weeks ago has made a declaration that the city and county of san francisco as a sanctuary remain that and not be dissuade by the comments that funding from four
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sanctuary cities maybe pulled he's working on that but wanted to make sure that the city and that for those represent the city we convey or resolve in maintaining a safe place for everyone within the city and county of san francisco so if there are businesses that have employees that may have some concerns about their legal status or safety of family members and things of that sort if you think there is a need to extend vourz or resources to them let me know we'll work on that and the small business accelerate program officially launched last week november 3rd katie you met has down a dwrob
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and started to work with restaurant owners and in the beginning process 1650 mission street the cu ways approved this is the office where the small business development will be located and we will have a satellite office and targeting a cute one for the he said of the buy out i've highlighted the hollywood caption with november to remember by the merchant and, of course, our annual involvement with the shop and dine and small business saturday and new banners are up this week i produced provided a list of the legislation coming up you'll be come in and referred so you'll aware of that i'm not going into a detailed list and not list it out verbally policy matters the health care security ordinance starting
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january one 100 percent irreversible and i've listed out the new rates $2 and 64 cents with businesses with one employees and between 20 and 99 paid relieve goes into effect 2017 did parental leave goes into effect one year from that. >> the redeems the department of the environment is close to a solution i'll be reaching out in the next couple of days commissioners we need to work with the small business stakeholders to work for a solution and get feedback and then - the small businesses leaders that have been meeting
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with the mayor have established their set of priorities todd and i work with the commissioner yee-riley and commissioner president dwight have been involved what those but what on our end to do to help move forward the priorities in the next this week we'll be providing you with that list we're working with the city todd and i are are working with city hall to help to keep track on what we want to accomplish and provided a list of not all the state and local measures on the ballot but of our interests to businesses and even though results of those so if you have any questions he let me know and the new business items that have come up with the dwp and the cigarette abatement and the certification we'll work on scheduling that for january
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commissioner tour-sarkissian inquired about the superbowl survey we talked about we'll make sure you have those questions in december and then the request for tablets will begin to decide with our tempting and oewd budget office what that will look like if we are able to do something ♪ fiscal year we have to plan and commissioner tour-sarkissian you asked for what have some the presentations so suggestions around the implementations of parental leave you know that osl d will hold a meeting around the rules and regulationss and have the commission spent a lot of time on the massage regulations
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so the department will provide on the public health department and the department of building inspection starting january one we'll be moving into the time period of supervisor tang entryway ordinance and could provide you with an update on that in addition to t in addition to the soft story ordinance approximately, one third of the buildings in actuary four have completed or engaged in doing the soft story work most of it will be done between 2018 and 2020 to we'll provide an update and working with the intern documenting some of the work done and, of course, things like the green business program the department of the
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environment has they're other styrofoam ordinance so we'll provide you with an update on his or her how the implementations and compliances and interested in the workforce program so you can think about that and - i think the green business program from sf c takes place any time and combine that >> the presentation on everything that guess green. >> from that department let them know individually interests or at the next meeting make recommendations for the new business items so that concludes my report. >> commissioners any questions or comments. >> okay any public comment? that wants to comment on this
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item seeing none, public comment is closed. next. >> commissioners report. >> want and vice president to report on recent small business activities and make interests. >> one item to report i attended the grand launch of the november to remember events cliche in noah valley that was quite nice. >> anyone else. >> i attend the sf o small business town hall meeting no, it was - november 7th 3 sessions itself attended the focus on concessions and focused on construction and it was pretty well attends a lot of small businesses president to do business in the airport so they attended also people wanted to do construction with the airport
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and discuss it would be good to invite sfo to come here with an presentation reach a wider communities okay. >> they can go to new business. >> okay commissioners any other reports all right. any public comment? seeing none, public comment is closed. on to the next item, please. >> item 11 new business allows the commissioners to introduce new business discussions item. >> commissioner yee-riley has suggested we have someone from sfo to talk about small business opportunities any other recommendations future business. >> that's a good one and a restaurant opened up there. >> any public comment? like to examine seeing none, public comment is
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closed. next item, please. >> sfgovtv could you please show our slides caught me flat-footed caught me flat-footed as our custom, we begin the small business commission with a reminder that the office of small business is the only the existing business. sfo's official forum to voice your concerns regarding policies and projects and issues that effect the economic vitality of the small businesses in the county of san francisco. so if you need assistance with small business matters start here. office of the small business commission item 12 adjournment action item. >> motion. >> i move. >> second >> all in favor, say i. >> i. >> a good deal of down okay the meeting is adjourned at 8:20 p.m.
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>> good evening and welcome to the wednesday, november 16, 2016, of the san francisco board of appeals guidelines that he commissioner swig that he commissioner bobby wilson to my left is thomas owen for legal advice this evening at the controls is gary the boards legal assistant director. we're joined by representatives from the city departments that have cases before this board. at the table in front is corey teague the assistant zoning
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administrator and representing the planning department and planning commission that he joined by joe duffy dbi chris buck urban forester and with the bureau of street use and mapping and deputy city attorney ann pierson representing of the department of health please be advised the ringing of and use of cell phones and other electronic devices are prohibited. out in the hallway. permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. people affiliated with these parties must conclude their comments within 7 minutes, participants not affiliated have up to 3 minutes - no rebuttal. to assist the board in the accurate preparation of the minutes, members of the public
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are asked, not required to submit a speaker card or business card to the clerk. the board welcomes your comments. there are customer satisfaction forms available. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live on sfgovtv cable channel 78. dvds are available to purchase directly from sfgovtv. thank you for your attention. we'll conduct our swearing in process. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i
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do after you've been sworn in or mroifrmd do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> okay. thank you very much we will start with our first item that the general public comment anyone that wants to address an item on the not on tonight's calendar general public comment commissioners questions or comments anything commissioners and item 3 the boards consideration of minutes of meeting of the november 9, 2016. >> unless any additions, deletions, or changes may i have a motion po to accept those forward. >> any public comment on the minutes okay. seeing none a motion in commissioner lazarus to adopt
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the minutes on that motion sdmung commissioner president honda commissioner wilson and commissioner swig thank you very much that that motion carries with a vote of 5 to zero next item a rehearing request the subject property hate street safer lower hate a rehearing safer lower hate decided december at the time the board voted to deny the appeal a separate a medical cannabis dispensary on a basis that was issued properly the doing business as staircase we've started with the requester and good evening i need to make a disclosure. i wish to disclose i've hired reuben, julius & rose on a since roars is handling the case reuben, junius & rose representation as an entity before the board will not have
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an effect on my decision. >> mr. williams i'm steve williams the appellants request for a rehearing should be granted at the prior hearing the board was given incomplete information when the board repeatedly ask do about the dissension indication only an increase in size will trigger the land use we attached that transcript for our review at exhibit 4 and if you look at the briefs submitted that echo if exact assertion the brief states the planning code didn't draw a distinction between on embarrassment of the non-conforming use of the
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dysfunctions indication and as long as the use stays the same no retriggering matrix that was what the board was told those. >> certifications are absolutely incorrect as a matter of law san francisco requires a new hearing on a non-conforming use if it is alternated or changed and claegd a there of 25 percent i've attached samples from the planning code interpretations that's exhibit 8 that triggered the intensification and exhibit 6 and 7 densification for the restaurant baker and banker other jurisdictions i can't imagine dealt with that issue a number of jurisdictions actually define intensification the santa
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cruz planning code any change in the recuse that results in a significant generation of traffic smoke are glare or odor that's a big one sewage generation all a intensification and saratoga says you have a significant equipment or personal property to run the business that's considered an intensification brisbane that the exact same lack and matthew's says hours of operation volume of traffic generated, etc. those are all dissension indications of the use requiring a new hearing obviously that happens in f this case a tenfold in the there of what is sold at the site a tenfold a business plan for a
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tenfold increase in traffic and individuals patronizing the establishment i urge you to grant the hearing. >> thank you encourage. >> thank you we'll hear from the permit holder now. >> mr. sunny and i'm sorry the people standing by the door please find a seat thank you. >> good evening members of the board i'm tom of reuben, junius & rose on behalf of the permit holder spark we we ask you deny it it didn't raise any not facts and circumstances the request raise the issue of expansion arguing this is a new issue it is not new we had a 3 hour hearing before the board that was discussed the board talked about that with the
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zoning administrator considerably ulnar this of the discussed at the planning commission hearing on the project in august of 2016 contrary to the appellants allegations this issue has been discuss at two public hearings and the planning commission like this board voted to approve the project the request tries to draw a distinction between expansion and quote intensification but no such distinction exists the issue is the same spark is an obviously organization a supervisorial mcd operator with a proven track record from no violations and widely supported in the interest of time we're not going to have speakers but ask the supporters to stand we
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appreciate your c of that worthy project and ask you to allow the permit to be issued i'm available to answer any questions. >> thank you counsel our we'll hear from the department now. >> welcome. >> good evening commissioner fung i'm a deputy city attorney on behalf of the the department of health as you may know according to the rule the board may only grant it upon new or different material facts or facts and circumstances in known at that time, can effect the original hearing and a failure to experience due diligence to reduce the impact is grounds for denial in the request before you tonight the appellant has not made one new single fact in fact, all the documents with the exemption of the transcript at
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the last hearing long predates the october hearing by 10 years every single one of the documents 0 could have been produced prior before the last hearing with due diligence to grant a rehearing in this case is contrary to the rules and sets a dangerous precedent in you don't like our hearing i can come back for other try for those arraigns that dph asks to you uphold the final permit to operate a medical cannabis dispensary to the permit holder in this matter. >> thank you commissioner fung the zoning administrator would like to address the board. >> mr. teague. >> i have a question for him anyway welcome mr. teague. >> good evening covering for planning department staff briefly want to touch on the issue raised by the appellant
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that the information provided by mr. sanchez at the prior hearing was incorrect or misleading i was not at the hearing he looked at the video of the hearing the appellant quotes the standards that are outlined in other is cities and owners not the standards that are outlined in our ordinance in fact, our ordinance in section 178 plus provides absolutely no standard or metric for measuring intensification enlargement what necessitated the interpretation that exists in you can show on the overhead as you can see in the highlighted it states in the interpretation that the term significantly is not defined in the node code and subject to the
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interpretation it calls auto the types of garrett and the intensification that are significant and the specific types of enlargements not since here in question about the garrett being less than 5 hundred square feet or 25 percent it is around intensification the only teaches dissension indication from a 47 to 48 your switching from a restauranteur to a bar so this interpretation is basically saying if you change our land use to a different one that is intensification the appellant did provide one example although they exclaim many examples one restaurant that got a new cu because of intensification i'll point out that projectile was no
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dissension indication of an existing use can i have the overhead, please? >> was that barker and banker. >> it was barker and banker if we can see that says that cu to allow a self-service specially use for on existing special i didn't use under the project description the project sponsor says in in addition to the restaurant use in the zoning district it is in and of itself requires a conditional use authorization so in this example this is not an intensification of an existing use it is establishing a second land use on the site this requires a cu in and of itself. >> they're not there anymore and perhaps not. >> i'm available to answer any questions you may have.
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>> thank you for clearing that up. >> thank you if we can see a show of hands of how many people wish like to speak. under public comment if you haven't got a speaker card and give me to the gentleman that would be helpful in the preparation of the minutes and line up on the far side of the room the first person come up to speak first speaker please come. >> don't be shy madam director two minutes. >> okay. >> welcome. >> good evening so thank you, again, for allowing us to speak about that issue one more time daniel i'm requesting this be heard the last year we had didn't show all
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the facts we have more information after the ruling that was put fort by this board spark the goad standard of mcd that is never violated violated the rule and opened their doors for operation percentage against the rules of the board of appeals and know like we do you have to wait 10 days before they can do anything whether grand or not granted not the first time they've violated they did it in july they were wander like the board staff like after this hearing so again, i ask this board the first rehearing be great we can get the community here to get the families, and
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the children who are effected by this ruling here 5 o'clock is great if we have the hearing then the first time around but again, i would love to see this struck down because of their violation of this board ruling and then to the health department who upon request about their violation said they were not going to cite them for those violations so again, i question the health department, multiple times and their goad standard for operating an mcd without the board. >> thank you >> next speaker, please. >> state your name for the record. >> bryan brooks. >> thank you. next speaker. >> hello excuse me - my name
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is nationally i'm asking you to rehear this i submitted something a plea grant that shows in addition to the audio that was not available someone at the city level promised a second meeting and memos coming from the head of that department stailt the second meeting would be would get this is opposite of what we were told joining i did not know that would be coming into play two departments saying opposite things more importantly we've heard from the city attorney she was worried about a precedent i'm worried about a precedent of an entire community over and over has not been allowed to process that is a much bigger precedent to me i hope you agree. >> thank you.
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>> next speaker, please. >> my name is suzy osborn and again, i want to reiterate that dr said he was issuing a permit multiple times not temporary or a group left the meeting having been told a per visional permit with no follow-up and they opened not once but twice on told they're not lout allowed to open they did it again twice and they bring people to the meetings on a big party bus we can't afford one we say your voices are not heard a small group of merchant, we just really feel like our voices are not heard in this situation and
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been deceived and railroaded and we're not getting a fair shake and you know again, while they were open on a permit that was not valid a child came in i showed speak picture last time in you remember the police for some reason didn't have a record of that that's odd we have a picture of it we have a camera shop someone took a photo i really want to reiterate our community feels this is a gentrifier we'll lose our shops thank you very much. >> thank you. >> next speaker, please. >> my name is johnny so first there was a department hearing he was in line to speak at and people who's voices should have
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been heard the boys and girls club were waiting to speak we were told we'll get another chance with the health department and a planning department hearing at which we were told like the floor plans this is not the proper stage to voice your concerns of the gentrification to none licensed and last time at the hearing it was basically just like, yeah those things should have been heard and the second hearings shouldn't be scald so how do we know that is the case most of people's voices were not heard and the proper forum. >> next speaker, please. >> good evening my name is dei've been living on the front
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of hate street for 16 years with my now 15 and 17 year-old children i live across the street from the location i'm a co-founder of the lower hate merchant association last time hello commissioner fung to deny a permit which was a medical cannabis dispensary or mcd we as a neighborhood along with the police were opposed to this facility that was security stabbing patients and patients selling machinery to non-marijuana patients outside of mcd you denied this i tell you this history to explain i and the neighborhoods association came to oppose spark we were very opposed at the beginning with many meetings
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first to the board to assess what the problems might be and looked at the neighborhood of mcd are less safe or get satisfactory we built a memorandum of understanding to take care of are concerns and started the projects it includes codes of conduct to audio to the safety of our neighborhood and add cameras and share those cameras with police and keep smoking away from the building we did this to hold the business accountable and the first to go after them i can't guarantee this business will be great but guarantee done what we think is remarkable to give the business a shot between the neighborhood and now we super no neighbors our goal to hold the business accountable and be reasonable
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merchant and neighbors for this reason we ask you not renew this hearing. >> thank you. >> next speaker, please. >> caseload. >> offend please thank you. >> hi, i'm ryan a proud business owner in san francisco and happen to live on a block up from the mrs. in question i've lived there 10 years we need this location right now there's no foot traffic on the street every restaurant is closing and changing every 3 months i'd like to share two flyers on november, 2021 and the 8th of august 2016 on the top one that is showing a little bit of a clip what the places would look like we went over the
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intensification of use and had spark explain the nice changes to the building to keep up that the planning department needs every person in opposition today no reason those people should be wasted our time to hear something already heard their abusing the appeal system we've seen spark through every single hoop possible including the lower hate association that is very intense i'd like to say they've done everything in their power to demonstrate good conduct and ask you see the new appeal and yeah. let's get them into the neighborhood. >> item seeing none, public comment is closed. commissioners, the matter is submitted. >> i have a question for the project sponsor. >> mr. sunny.
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>> a been raised that the mcd has been in violation of time periods related to being closed versus allowing the appeals to run their course. >> right. >>; is that correct. >> right i understand the allegations and they were not violations not to be lawyer about that but talking about the first incidents when the original what was called provisional or temporary permits was issued and it was made clear to spark they could operate under the permit and then the department of health that realized that was an error and


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