made what we think's was the best decision to stop the waste and release support san francisco and being a green place to live -- and release support sun francisco in being a green place to live and be a model to the rest of the world. we fully support this legislation and hope you will see fit to endorse it also. >> thank you. next speaker. >> i own a hardware store, and i have not heard anyone from all hardware store or plumbing. we have always had a large hand -- ad. we have tried to cut back on

those. we have 50% of the size we have four years ago, and it keeps going down. times have changed, and as i called a plumber's son locksmiths, everyone is sensitive: about the changes. they are not as effective -- everyone emphasizes they are not us affective but they are still used very good -- are still used. the opt out option where we take up a phone or e-mail, but have something where a third party can be the one who does it, where it is registered and i will not get that you're a good

in my home and we have three lines -- arlin will not get that. in my home we have three lines we opted out. i do not think advertisers use it much at all. >> thank you. next speaker please. >> i am an employee of yellow pages, but i am also a resident here. i have the opportunity to be on the phone with plenty of advertisers that are going to be affected by this, not only for

income for their businesses but also with the staff stay employed. -- staff to stay employed. i think it is important that plumber's still use the yellow pages, attorneys, locksmiths. there are a number of businesses of rely on print advertising. there are a lot of facts about the internet. we understand that, but it is important to understand that the arch will cost for advertisers -- the actual cost for advertises is much greater. it costs $1,000 to $3,000 a month to have an internet program verses the yellow page program, which is $150 a month, which is much more affordable

for a small business owner. i would ask that you take this into consideration. there are a lot more facts on the issue so we could decide at a later time. >> thank you. any other public comment? public comment is closed. commissioners? >> first want to thank yo supervisor chu for taking the time out on valentine's day. this is a tough one. there not getting anything. you have a choice. -- not banning anything.

you have a choice. i talked to many small-business owners to get their opinion, and the like the five that it will be a target -- i like the fact that it will be a target audience. i fully support this legislation. i think it is a good one for the city. every apartment building i walked by had stacks of them, and they were delivered in december triggered -- in december. there is no ban. i would think that is a bad thing. if people wanted, people can get it to cure your -- people can get it to. >> i would like to focus on

araisa customer, $1 million a year to retrain on the ways aspect, $1 million -- i would like to focus on the waste aspect, $1 million. why isn't there a program to fit up and recycled unwanted phone books? i see it all over. i see it in my neighborhood, in the north beach neighborhood, and the cost of the business model should not been borne by the public, so i believe the collection of unwanted phone books and their recycling -- the costs should be borne by the producers of the material, and i believe we may have ordinances

already in place. i also agree i did not see anything then in the yellow pages -- banning the yellow pages. i use the yellow pages and the white pages. it is very official. i would continue to keep my phone book, but the legislation does not stop me from getting a phone book, so i am going to support this theory -- this. commissioner riley: i do not want people to think officthis a ban. the only saying they are asking for is you do not leave it on

the street and create waste. it is time to see how we can eliminate the waste and the environmentally friendly. and the -- and the environmentally friendly -- be environmentally friendly. i read this, and it said, we urge you to oppose this legislation, so maybe you can address that. >> are want to thank the members of the public. all we heard was opposition

from the yellow pages industry, and i want to thank the small business folks who support this. i want to address the argument we are cutting jobs at risk. i did not hear anyone who said jobs would be lost. i would prefer to code $1 million by into the economy that would otherwise have to be spent recycling. we have also heard it would be denying people of color are access. there is a different way to

distribute yellow pages in no way that is environmentally sound and -- in a way that is environmentally sound and makes sense. there is a suggestion this violates the first ammendment. we are making sure this is ta ylored so anyone can get it. there is no first ammendment right to litter. there is also a suggestion we should consider opt-out programs, even though in seattle, the halfindustry still -- the industry still sued

them. you are requiring someone to do something out of the status quo. only 10% of people ever opt out of mailing superior -- of mailing. when norway implemented an opt out option, only 7% opted out. i think it is disingenuous to serve just hot, because they are asking for a self regulation -- to serve just that, because they are asking for self region -- to suggest that, because they are asking for self-regulation. i want to thank you for trying to sift through the facts.

this is not a ban. we are trying to prevent 1.6 million phonebooks from being dropped on our streets. >> if i could ask someone from the yellowpages a question. we are here to support small business, and we take this seriously. we try our best to assess the consequences. as you can tell from this testimony, which is probably a fair reflection, most of you are

going to say, i'll have my yellowpages. i used mine to find a plumber, and before that, i used the internet because i happened to be by a computer. could you do anything to get rid of the part that is offensive to everybody, which is all this waste, not just the paper, but the effort to clean it up. could you come up with a solution that could prevent the necessity to legislate against it? >> are you talking about those

that are not picked up? >> clearly it works from the bottom line or you would not feed during -- and would not be doing it. >> they would not take in $15 billion of its businesses did not earn money on top of fat. -- that. the directories delivered by the publishers are still going to be delivered according to this ordinance. the white pages are not affected. there are still going to be 1.6 million telephone books delivered. something is wrong with this picture. it is a van on yellow pages.

-- a ban on yellow pages. the white pages are going to be delivered. they are going to be smaller, but if someone said, i found a set of a threat to reese -- found a stack of directories, if you take out the yellow pages and the liver and white pages, -- and to deliver the white pages, it will be smaller, but if you are saying they are going to take it up because it is white pages, what would be the difference? i am as environmental as anyone else. we have recycled old directories. the ft is fully recyclable. -- the book is fully recyclab

le. that is what the industry would like to happen. the people said, do not deliver a vote if i do not want it, but that is not what is going to have an -- a book if i don't want it, but that is not going to be what happens. >> i would like to give president chiu a chance to respond. >> white pages are required by the state, or i would have considered as well. they could publish white pages

separate from yellow pages. i am not sure i understand the specific confusion, but five is the answer. -- but that is the answer. the fact is 150 people not getting 150 books -- we have 1.6 million books being delivered. if we don't have yellowpages, that's illiminating 2/3 of paperwork, and that is the cost to the city. it is suggested the books are recyclable, but if you were to

speak to the company responsible, they will tell you it is difficult to recycle these phone books, and the reason is they are different. it is not like a glass bottle or a can. we observed how the phone books get ccaught on the conveyer belt and have to be pulled off by hand. i think it is a red herring to say they are recyclable. they are, but at a tune of $1

million to san francisco residents. >> do we have a proposal on the table to support this ordinance? >> i propose we support this ordinance. >> do we have a second? and we have our roll-call ham -- can we have a role call? >> the motion is seconded by commissioner clyde. [collin votes]

the motion passes. >> are want to thank the commission for your work. i hope you get out of here in short order, and are one to thank you for this legislation, -- i want to thank you for this legislation, and i want to talk about tax policy. i know we have gotten feedback about what we need to do to create jobs, and i want to thank you for the work you've done. >> next item, please. >> commissioners, i do number

seven, possible direction to make recommendations for the board of supervisors, the offer fell more mr.. nouri -- the philmore district to allow a new full service restaurant, small self-service restaurant not defined as retail use and has a specific provision to allow a fabar and require daytime issues

commissioners, we had scheduled a speaker. i a of a letter from her, apologizing for not being able to make it. she was not able to find anyone to pick up person from school to to an emergency trip by her husband. i direct a copy of a letter, and a copy of the letter also includes details on the ordinance calm and i will leave it at your discretion if you want me to read it into the record. president o'brien: i think it needs to be read, does it not? clerk: ok. they were looking to lift the ban in the upper fillmore

residential district, and it would allow all non formula restaurants to apply for conditional use. there would be no caps or sunset clause. rather, the uses would be approved by the planning commission on the case-by-case basis. when considering the conditional use permit, the planet edition must consider daytime usage in order to limit the number of such establishments, the block and have no daytime activity. this is to make sure that the street is as active as possible. this was important to the neighborhood association and others. the goal of the legislation is to enhance the vitality of the district. supervisor farrel has reached out, including a meeting with the supervisor, representatives of both organizations, and a member of the planning

department staff, ms. rogers. during the meeting, several suggestions were made to craft legislation as it is now. the ban on formula retail came out of our discussions with the merchants association and others and is intended to preserve the unique character of the upper fillmore area. the supervisor also checked in with the former executive director of the golden gate restaurant association, who expressed his support of the legislation. our office continues to receive feedback and will continue to listen before this is heard at the land use committee. this is on the agenda for march 2011 at that committee. we look for to hearing any conditions and consideration gma's. thank you for your consideration. president o'brien: commissioner adams.

vice president adams: i totally support this legislation. i have seen this in other areas, particularly union street, castro street, elsewhere, where this has gone forward, and in these economic times, there are vacant storefronts, in union street in particular has been revitalized, so i would totally support this legislation. president o'brien: ok, thank you. commissioner kasselman? commissioner kasselman: like commissioner adams, like this legislation, having grown up from the corner. there seems to be a lot of space no vacant on fillmore street and in the corridor, and it would be great to get some new restaurants come in. president o'brien: thank you.

commissioner clyde. commissioner clyde: i think it is straightforward. all of the outreach as been done, and this is initiated from the neighborhood, and it has been thoroughly vetted, so i support it. president o'brien: ok, public comment? >> i will give you the same thing i talked about last month. i feel this is a good piece of legislation, but if nobody can come in support or oppose of this legislation, you do not have the sponsors here. you do not have any of the advocates, and more merchants association. the supervisor could not come.

this assistance could not come. i think it is disgusting, actually, and i really feel that you people should at least put it aside, take a no vote on it or something. why cannot people come to this place and support their piece of legislation? it is really, i think, a kick in the ankle of this group. president o'brien: thank you. seeing no further public comment, public comment is closed. commissioners, any comment? >> commissioner paul hoover -- commissioner kasselman: there are so many places that people

have to weigh in with their supervisors and their neighborhood community meetings, and organizers give a tremendous amount of time to organizations, and forging their comments through their supervisor or letters and emails, you know, i respect that, and i respect the public's time, and i take it very seriously. each piece of wood is the issue comes before us, and the fact that there is not a person here to speak to me of the general support of the would distillation. president o'brien: thank you. any other comments? again, this is an action item, so we need to take a vote. i would like to address those comments and say that i actually agree. i will have it out with supervisor farrel when i meet him. i think people should be there

to support their legislation, just as we saw with the president being here. i also think there is probably a really good reason for it. separately, a supervisor farrel probably thought this was taking care of, and there was an emergency that took place, and sometimes you can look up to the heavens and wonder why things are going against you, so i think there is a reason for it, but i think that is a good point. it has, previously. i do not know if it was for the same reasons or not, but it did seem that there is just a disregard for the small business commission, and i certainly have sympathy for that feeling, and we will certainly make that known drug the corridors when i am talking to the supervisors. so that said, do we have a motion to support this legislation?