it's a common one do worry >> seeing no public comment public comment is closed. now i'll take a public action >> and commissioners you're welcome to have any sort of discussion today around the topic from any information if you want to have it your women to and we can take action on rescheduling. we don't have to take a formal action just direct staff to do that. does anyone want to have this rescheduled? >> i move. >> roll call. and one be to the call of the

chair? >> yes (calling names) that motions passes 6 to zero and we'll rescheduled that i assume we'll try next meeting but it will be to the call of chair. the responsibilities of small business owner commission should it choose to make a discussion at the request of the small business owners. this is a discussion only >> so commissioners for the first item number 5 and then was a request this came out of the june 10th commission meeting in terms of wanting to get better

information around the formula retail controls. in addition you want to have some discussions around the perimeter around the decisions made. you have your city attorney here robert brian who will aweville himself to you should i have questions about making the decisions based on as in the case of july 10th around the firm retail controls and in relationship to the preview. so at your request we're providing this light for you to be able to have 3 discussion and the ability to have questions. to have the discussion amongst users and the city attorney here as our counsel in case you have

some questions >> anybody have any questions? >> i don't. it's nice though to have the criteria >> i'm extremely familiar with this. >> okay. >> this doesn't require public comment? does it. >> we should take public comment for the record. >> do we have any public members who want to make any comment on item 6? seeing none, public comment is closed. so i thank our city attorney for coming this evening >> i'd like to ask a quick question. >> commissioner and . >> and so if there's a strong emgs of people who come before

the commission and are quite vocal and implore us to take a position assume that we are afraid to determine whether we agree with the merits of what it is we're being asked to take a position on and for the commission as a whole didn't agree with it they wouldn't meanwhile have to go along with what's been proposed by a majority of people who may or may not be a majority of people but i want to know is there any retranquilities on the commission taking a position on the odds of the opinion prevailing out there?

>> okay just a second here. >> yeah. if there's two mike's i have the wrong one. >> just to clarify sometimes, we get catch up in a view of an ideological or a view of a situation and it may seem and maybe it is contrary to the interests of small business owners or it could be arrested well, if i take that position it's contrary to small business owner. but the commission have you found it's in the contrary to the picture of small business owners because there are other aspects of it that maybe beneficial to the community and small business owner. so we i felt i was in a position of conflict on a few occasions where it seemed like i wasn't

representing small business owners but i thought it might be great for small business as a whole. i think you've summed it up credible. all that is to make clear you're the ones who are charged to make the decisions of what's in the best interests of small businesses. you don't have any obligation at all to give in to a non-vocal or vocal representative. you're here to decide in our best judgment of what's in the best interests of the small businesses. there's nothing i can add to that >> okay. thank you. any other questions?

okay. great. well thank you very much i really appreciate it and we know we keep you busy >> i'm also available so you can call me. >> thank you robert. next item please. commissioners this places you on item 7 decision to make recommendations to the board of supervisors and the board of supervisors found that 130486 for the golf district ordinance to expand the definition of former districts and planning code finding and finding of consistency with the general plan section 101.1 and the board of supervisors found that the board of supervisors found

number 486 legislative digest legislature aid this is a discussion and possible action item >> good afternoon directors and commissioners. the legislation you have before you makes two small transitions the exist formula in the valley transit district. supervisor is vance this legislation this is the mentors and the residents. the association in particular and i think you will hear from many of them today they're concerned about the global impact on the local community. we're seeking to address those concerns for two modest changes

this revise the retail outside of the u.s. and applies to the off shots of formula retailers. they have a formula rail abandon that was before supervisor breeds election and thitsz extremely popular. we're not relitigating the ban issue nor are we expanding this discussion. the legislation is targeted to and only to the existing entity in hayes valley. first, let me discuss i can't we want to include the international locations on the formula counted. supervisor breed believes this is a global economy and there's no way to limit the domestic

market. especially with the rise of commerce and the internet. any argument in favor of the retail formula control for domestic locations applies just as equally were why would it motivator if we have retailers in vancouver. the rent it can pay or the diversity or lack through are products don't change because some of the stores are

- large are corporations are to circumvent by creating a new name or buying a small retailer. this is not fair to the small business owners in the phase valley. the diversity or lack of their products don't change simply because it changed its name. a formula retailer by any name is still the retailer. we're only asking to reflect the reality. this is an ongoing city

discussion. we're part of that conversation and want supervisor breed for the fillmore district will likely reflect some of the products of this legislation. but this legislation is not part of that legislation. it's not part of the citywide implementations. we this that retail has its place in the city. this is targeted to a specific community for the community. it's refinancing of the existing formula of retail ban and we felt this is a choose and this choose is one for the valley that's best for them. the whole point is to provide tailor planning codes that reflects the needs of that specific community and the valley wants this legislation on

their behalf and i ask you please respect the will of the community and pass this legislation >> great. thank you very much. commissioner comments? >> i want to thank supervisor breed for bringing this up in hayes valley. it's a little hole in the lengths. and, you know, things have changed over the years since when the formula retailer planning code was brought in. we have a lot of situations that doesn't exist a number of years ago. so you know, i think that it's something we should support and i personally would like to see it good citywide at some point >> commissioner. yeah. i agree and i appreciate your explaining this clearly.

it's not to be a ban on recollection alone but it in matter in the muscle is domestic or international. and i think it's very important we protect some of those shall we call them delicate neighborhood systems that are locally operated enterprises. i support them myself wholeheartedly. >> commissioner. >> just i agree with the idea that when you, you know, have a domestic it seems to me it should apply internationally as well. i said in your presentation the original legislation did include

international so somebody very deliberately did something there >> well, the original legislation said 11 outlet or 11 stores. it meant anywhere. and because you don't think so i don't know what happened it just said in the u.s. it just had that particular line to it. which i think in 2004 almost 10 years ago it wasn't the same kind of global market. we've noticed in hayes valley they're getting international attention they're in a japanese magazine and spain they're getting this kind of attention. so we're seeing those large

corporations coming in and targeting hayes valley because it's so popular. but i don't know why that particular line was included in this legislation in 2004 >> commissioner dwight. i suspect it was done and it was clarified incorrectly. but i want to add that i personally opened a tip buck too story and it's become a jewel of a shopping neighborhood it's mentioned in danger patch and some of the other neighborhoods this san francisco. it's clear those micro hoods have become some of the major tourist attractions so i think we should agree those are important >> i would agree with the

commissioner dwight. i thought it was worldwide because i was involved in the discussions and i thought it was worldwide >> is there this going to be like agent retail they have to go through c u. >> no, it's a ban. >> and what kind of you outreach do you have. >> well, we've been in discussion with the hazing association and the hayes valley neighborhood association and the surrounding community and lower hate. we've talked with the chamber of commerce. so we've had those discussions with various groups and mainly our direction has come from the hayes community and resident >> and their in favor of it? >> yes and there are a few of

them here today and a commissioner. >> i first want to say i definitely agree we need to shore up the hayes project. and what kind of position do we - you know, worldwide but maybe, you know, like there's some amazon wants to open a brick and mortar in hayes valley how do we prevent them? >> no, but we maybe here again, you may see our face. >> director. >> well, to that commissioner i think our earlier presentation unfortunately, we were not able to disengage engage in a conversation but their combaemgd

in doing a reassessment around retail. this is kind of the beginnings. we're seeing a lot of different supervisors offices bryan forward different pieces of legislation regarding formula retail that's tailoring to the districts. but i think again the way that retail is happening to that and to the fact that we do even for our small manufactures are launching online and what does that mean and if their represented in 11 stores that are formula retail stores but they have products represented what see that mean. this is a beginning discussion we need to have and i'm appreciative that the planning department is going to start that decision and we will be part of that ongoing discussion as things are moving forward.

so just to add to that comment. so - >> commissioner dwight. >> and i think many of the online only plays have subsequenti subsequentially remunerated in pop up shops or permanent ones as those retailer know that people can touch and feel what they can over and to created a valuable to their online experience. i hope we'll hear a further discussion of this. ultimately, the spirit is to preserve the individuals retailers and the small invent businesses. whether their physically located in multiple spots or have a big

financial maples to throw their weight around so great >> commissioner. >> the legislation as it is presently is it a nature out right ban on formula retail? >> for hayes valley? >> the city. >> no, this is just hayes valley. >> is there an out right ban on retail they can't go through the initial use. >> it's a been ban. >> right now they have a moratorium on a ban. instead of being national it goes international >> okay. >> any other commissioner comments before we open it up for public comment? seeing that do we have public comment on item number 7 >> mr. commissioner i have 3

public speaker cards. any additional members of the public you may fill out a card. the 3 speakers i have (calling names) >> line up and you'll have 3 minutes each. and i'm sorry if i butchered your name. >> i'm the president of the hayes valley retailer association. thank you for out lynn what we want to accomplish. when we addressed the retail plan we didn't fully grasp it the valley would be such a

global demand business neighborhood so we're here to understand and recognize the economic factor based on small retailers like myself. compared to global companies that have much more financial status than i do. this is important to protect our small business community but to protect a very educate thing we in hayes valley have accomplished in taking a neighborhood that was empty storefronts and making it now what is globally as one of the best shopping districts in all of san francisco. and you have in your packet a couple of photo imagines through the japanese fashion and design

magazine doing a whole tribute to we love america and they talk about the mission. and it's a cultural neighborhood. the only other shopping center in the city is hayes valley. we have 15 small businesses featured in this magazine. key for me is protecting this uniqueness we have going on in hayes valley. and we have such a draw on tourist when they come to our city and see the swiss croppers is why are we here. we want them to see only those who are individual unique businesses supporting our local economy and local artists as i do through my store. the next formula is on filling

street a k5i7bd store called poppa bubble. it's the next wave of intrusion this is here to erode our protection we need this ban >> thank you. next speaker, please. >> good afternoon and thank you very much for the opportunity to speak. i'm the proprietor of two businesses buying books. we'll be here two years in october. when i was looking for a place to open my busy said a community that was built with both the mentor and businesses together. a way to take care of the people

in my community. i think that the most important thing is to feed people. and i found it community in hayes valley i reached out to russel regarding the location before putting down a lease because i wanted to become a part of the community that my business and i could glossogrow with. i choose to open there and. i think that the amended ordinance at hand goes to the heart of what we're talking about with the formula retail ban. the desire to preserve in san francisco a space for individual sole proprietorships. i can food my rent but it's not possible if i parking meter with

a number of much more infinitely popular organizations. in addition maintaining and that is important you have a lot of neighborhood locals that hang out and one of the things i've heard as resident of the community we need the services that can be provided should be provided at a southern price point. we need a laundromat and those are not largest organizations that can parking meter with large organizations. this is what our residents need. when i i was co- chair of the organization they kept asking me to speak to the landlords. and so we have space for both

residents and mentors to create a heath community. it helps my resident prop values and helps our businesses that we maintain a unique neighborhood and it's a draw and to the mentors and the residents. this is very, very good for all of us my regulars and merchants >> i've have had the principle of working with the neighbors and merchants and supervisors who worked together to write the ban. to your point the beauty of this is neighborhoods can opt in with different levels what i think are pretty observe reasons.

today, i'm here to thank supervisor breed and brown for their responsiveness in hearing our concerns about the doughnut holes r that have opened up and a coming up with the fixes. we know that clearly things have changed here and you do have to make fixes every now and then to make things operate as they were originally intended. as russel was able to speak for the merchant community the hayes valley association very enthusiastically supports those change to keep the integrity of the ban into effect in hayes valley. i was