grocery stores -- foodco, rainbow grocery, and safeway -- are easily within the market area of proposed use. also, the smaller markets would be negatively affected. economic research indicates the 20 employment opportunities created by fresh and easy would likely be offset by 20 or more losses of existing jobs as competing retailers downsize in response to lost sales. these lost jobs, at least in some cases, the better than the jobs created. they certainly could not pay less. also, money earned by independent businesses is more likely to circulate within the local neighborhood in city economy than money earned by formula retail businesses, which often have corporate offices and vendors located outside of san francisco. studies by civic economics

showed that only about 16 cents of every dollar spent by a major retailer like tesco stays in the local economy. i would urge you to deny this permit. it is not appropriate or needed for the mission district. >> my name is oscar grande. i organize for economic rights. we have a long history in this part of the mission district. we are one of the organizations that created secret garden, around the corner from this site. we are part of different processes that ever happened in the community.

we got affordable housing built a block away. we are founding members of mission anti-displacement coalition. i am telling you our credentials and what we have been able to create in this neighborhood with local residents. aside from the spin that we have heard from representatives, there is a startup down the street, casa sanchez. high-tech companies are starting in basements. this is fresh and easy. parent company is tesco, third largest company in the world. over 200 stores on the west coast alone. your job as commissioner and our job as community is to hold them accountable, and all the things they do and say they do. they need to provide that proof, because they do have a long track record. in terms of coming to an

underserved neighborhoods -- it is not underserved. we are rich in terms of food, in terms of businesses. we are not under served at all. it is not a food desert. there are other communities that are suffering as food deserts' -- deserts. in past communities, they have not kept their promises. they are opposing the new state law around alcohol. that are blocking employees from advocating for gumma which we have been hearing horror stories in l.a.. then they are refusing wic. they have had the opportunity to submit exemptions to the band. the state told them. they knew last year that they were coming into the mission and bayview. they knew. i think we need to base our decisions on their track record. not their promises or their do good handshakes.

a lot of us are going to come here and say there should be a community benefits agreement, 100% local hire. they get rid of the automated machines can bring in actual workers to curb underage drinking. the local sourcing, etc. i really think their track record speaks counter to that. also, how do you comply? how you hold them accountable? you need to make a decision. maybe we will come back a year from now to see how they are doing. president fong: thank you. >> good afternoon. i have lived in the mission since 1941. and i have seen a big change. it seems to be improving. i am telling you if kids want

liquor that are going to get liquor. i have seen them with their friends who are sober and older to buy liquor for them. i have reported it to the police department. that is not new. they are going to get liquor if they really want it. when they see the store to buy golden gate park -- it is a beautiful store. it would be nice to have in the mission a store as nice as that. also, i go shopping. i cannot carry bags, so i use a grocery cart. i put all my groceries there. i go up to safeway. it is embarrassing to catch the bus. someone has to help me put the groceries in the bus and then take them out. i think the senior citizens and people with families needing

nice grocery store like that. -- need a nice grocery store like that. i hope you think about the seniors and families that would appreciate it if you vote yes. thank you. president fong: joanne wong lam. >> good afternoon, commissioners. my family owns 1245 south van ness. we have owned this property for over 40 years. during this time, the property has always operated as a formula retail chain. before the bankruptcy of our subtenant, the delano market, our subtenant, k -- our tenant, kroger, tried to find another subtenant, but was unable to find another crush a company to

take over, largely due to the feasibility of bringing in another union grocer. since last january, fresh easy -- fresh and easy was only one of three interested parties in our property. as we completed due diligence and visited other fresh and easy sites, the partners considered it the strongest tenant to fit the neighborhood. the offer fresh, good quality products. that was one of the critiques of delano market. it was not offering fresh, quality products at a price the neighborhood could afford. we want to keep a green, sustainable, neighborhood- oriented manner. we want to have additional murals. we felt that would help with the overall revitalization of the neighborhood. not only were the other interested parties not union

grocers, but given the financial resources that would only be able to undertake minor interior renovations and an exterior coat of paint. in addition, one of the interested parties would adversely affect all of the latin markets selling goods on 24th street in in our immediate neighborhood. during this vacancy, we have made a commitment to the neighborhood to keep the property clean, graffiti and crime free. we have security patrols, security cameras, and have worked with sfpd code enforcement to ensure a clean and safe site during this vacancy. we want to prevent any potential blight or crime, and so the neighborhood community will be well served by a grocery store offering fresh and affordable products. to that end, we respectfully

request a conditional use authorization. thank you so much for your time. >> thank you very much, commissioners. i am rev. carroll beane. i have worked throughout the state -- the street with clergy -- i work throughout the state with clergy united for economic justice. i have been in communication with clergy in bayview and the mission area. also throughout the state, especially around this and alcohol law. the biggest concern we have is that we have spoken with fresh and easy and we have spoken with workers at their locations, and we have talked to community folks. the stories do not match. it is a big concern when that happens. i have a letter that was signed

on to buy a number of evangelical churches in the mission area, as well as in bayview. the naacp, the national latino evangelical coalition -- there are a number of names here. not people who generally step up on activist issues. they are concerned because they see the human tragedy that results when alcohol gets into the wrong hands, especially underage youth. everybody pays. the community pace with increased medical care and a rise in street violence, of lost wages and traffic accidents. there is proper to crime. the list goes on and on. that is why i worked with a group of bishops throughout the state from fresno to northern california, talking to the governor about passing this ab 183. it passed in january. before it passed, we asked

whether they would abide by the law. absolutely. the law passes. i go to the one in portola and ask the general manager, "are used in the alcohol to the machine -- are you scanning alcohol through the machine?" yes, but "we believe we are in compliance with this law." this is the doublespeak you get when you speak with fresh and easy. after community meetings, including the concern about wic, the fresh and easy representatives said the have applied but are waiting to be inspected. that was a lie. the quickly tried to correct that a week later. this letter says that these promises have been made. we are still waiting for them.

they do not abide by the law that they say they are in compliance with. they do not do that. we need to have a safe sale of a call in our community. i would submit this letter. i know that supervisor olague is proposing an ordinance that is stricter. this group of people asked that you delay the department until you go deeper into that proposal. president fong: thank you. ramon, amanda, and sam ruiz. >> good afternoon. my name is rom -- ramon. i am part of a collaboration of six community-based organizations. we have representatives in the audience of the six organizations. we are here to request the

commission to reconsider the conditional use permit. our program's basic goal is to reduce the abuse of alcohol among young people in san francisco. it has been proven at the state and local level that checkout has been -- young people have been able to access of a hold yourself checkouts. we know for a fact that young people can access alcohol if they want to come using the self checkouts. i think the gentleman said that fresh and easy is a startup company. this is the fourth in san

francisco. a startup usually is a small store that basically will grow. for someone to open up four stores in the past four years -- i think that the ability of san francisco to look at these type of stores in minimize the amount of employment opportunities for californians -- i think that self checkout has been minimizing the employment opportunity for folks. i think fresh and easy should comply with state and local laws, as well as community standards. folks at stores are being required -- in particular, the corporate stores have been

moving into san francisco. >> i am here to talk specifically about the jobs. i did attend a community forum in early january in which residents, artists, and other organizations talk about community issues such as the labor unions and bicycle parking. i definitely think it is an organization that represents the community and focuses on employment. i think it is a great thing that fresh and easy is working with us. we can work with the community and meet those needs by making

sure 100% local hires is the goal that is achieved. i have met with fresh and easy. we have talked about 25 to 35 positions and holding recruiting events. i wanted to confirm the working with us to try to make sure 100% local hires -- that that goal is met. president fong: sam ruiz, john, bruce livingstone. >> good afternoon, mr. commission president and members at large. i am the executive director for mission neighborhood centers, the multi-generational community-based social service agency in the mission community, providing uninterrupted services since 1959. i am here this afternoon to share with you the relationship

that our organization has been able to establish with fresh and easy senior management staff over the last 3.5, 4 months. with support from the mayor's office of housing and mercy housing development corporation as the developer, and it architectural firm providing technical assistance to our agency, we are currently in the pre-development process. we on two lots on the corner of 24th and harrison, and we are proposing to develop senior housing units within those two lots. affordable, and assisted living -- unassisted living housing, 36 to 38.

we anticipate this project could break ground in probably the next year and a half. the one issue, and not necessarily an obstacle, but definitely a primary step we need to address within the pre- development stage -- which currently house 68 head start children at the facility at 24th and harrison that requires to be relocated so we can afford to enjoy the maximum space to build those 36 to 38 senior housing units. the space we identified as we were looking around for potentially licencable -- license a ball -- licenced space is the fresh and easy opened beverage restore. they do have approximately 5200 square feet that could be sublet to mission neighborhood centers

to relocate on a permanent basis our headstart program. we are in the process of negotiating a letter of intent that was initiated by fresh and easy. it can provide experience -- it usually does not happen that way. we praise them for the fact that they were able to act as their own legal counsel and real- estate department to generate that letter of intent. we are now in the counterproposal negotiation stage. in my opinion, it will be a positive result. we have made it very clear. headstart is a federally funded program. one of the requirements we have is whatever site wheatley's for program space must be at below market rate. fresh and easy has agreed that they will consider below market rate rates for the leaseholder. i also understand there are a number of community issues that are currently being addressed by fresh and easy. it is my hope that as these

discussions continue with the community that all of the issues that have surfaced will be addressed and there will be successful in opening their gross restore. thank you -- their grocery store. thank you. >> my name is jon frankel. i represent a small school in the mission. i am all for affordable food and affordable was restored. i am concerned -- and affordable grocery stores. but i am concerned with the extreme reliance on automated checkout. there have been other grocery stores there. i do not have a problem with the grocery store being there. but when there is this model, it

can have a definite threat of really undercutting mom and pop businesses in the neighborhood that other stores did not. i am concerned about that. the other thing about automated checkout -- i really was not convinced by that video that it is really going to screen out the purchase of a alcoholic beverages. in most stores i have seen that have automated checkout, it is 2 out of maybe 16 that have it. butwhen most or all of them are automated, i do not see how you can screen out. khyam concerned about the effect on the economy of the neighborhood. and the alcohol purchases. i will not repeat what other people said. thank you. >> good afternoon. in the exit -- i am the

executive director of alcoholic justice. there is a new term on the face of the earth since the law kick in january 1. that was exactly the kind of check out that this was meant to control. i asked mr. applesmith, are you going to enforce ab8183 and he said the judge told me to take it down. as an individual, i would love to enforce it. this is the kind of activity we're trying to control. it is too easy for kids to win when they have self check out or assisted check out as you saw. that is why the law is enforced -- in force. fresh and easy is the only

company publicly resisting it. that is what it will continue to do unless you put in some kind of agreement with them. more importantly, we have to defend the mission alcohol district. it is clear there is a couple of exemptions that were like that. bowling alleys and theater's most recently. you had a letter of determination which i now enter into the record for this conversation from september 13, 2010 that says, you are going to have a problem with this license right here. you will have a problem executing it. i was going to read from that. that is all right. you can have a problem because this district -- this is a continuing use, a continuation of the grocery store usage. it is not a formula retail. that is something they're trying to claim. this is a continuing use and has been abandoned for over 30 days.

it has not been used for 30 days. it is clear in the mission district code on alcoholic beverages that if it is abandoned for 30 days it may not -- and establishment that sells alcohol shall not be allowed to operate any further. if it has been abandoned, if the use of that license has been abandoned. there is a different section that refers to the section on liquor stores which has exemptions for formula retail. please respect what the alcoholic district is about. this conditional use permit, fine. i am talking about the alcohol issue. they should not be able to have an alcohol license exercised on this side. thank you. >> our next speakers.

>> i am the director of civic engagement at the central american research center. we have been around for 25 years in the heart of the mission district. all this time we have been serving family is from our community, around the city, actually. we operate in the mission. we are a few blocks away from the site we are discussing. i am a mother. i have my family there. it is a personal matter. we work with families, with us, children, -- youth and children. after all the conversations we have been having with fresh and easy they are refusing to find a way to accept wic, which is what

our families need. our families are hurting with the economy the way it is. the fact we have not been able to resolve this issue around the alcohol self check out is outrageous. we have a tattoo removal program there where youth who are trying to get out of the gang life are removing tattoos and re-entering society. we work with young people in high schools and the mission district that are at risk of falling into gangs. we know for fact that the easy access to alcohol is like poisoning our community. and this is an opportunity for your commission to rethink, take a moment and figure it out, how we can bring a new business that will be a good neighbor, that will enrich our community. we welcome new businesses, we welcome a new supermarket that will bring healthy food but not

at the expense of our families and our use. i hope that you make the right decision for the mission district. thank you. >> thank you. is there additional public comment on this item? commissioner miguel: a lot of issues on this one. the term startup does not apply here. recently entering this market would perhaps be the right way to put it. i am pleased with the possibility of mission neighborhood centers and had start programs getting together with them, the use of the other 5000 plus square feet. they are in negotiations on it -- the fact there in

negotiations on it is good. this is -- i have certainly known for years, working with the murals and parking lot, working with the greening of the building. it is a dilapidated pre-1950's site. it does not enhance that never it whatsoever. you have a situation where you have very large grocery retailers. it has gone bankrupt. ralph's, one of the largest in the country, the fact that tesco is coming in under their local name of fresh and easy is somewhat compatible in my

estimation. let's cut down to the problems that i see that have been raised here. i have been reading about ab 8183. it will have to wait. everyone will have to wait until it comes out of the courts, finally, and then have to wait longer until there is an interpretation as to its implementation. that is not something the planning department does, nor should it. it is something abc does on a statewide basis. that is their job. i do not see that as our job. the only thing i would like to ask the department about is