license? >> no. >> each walker is required to if they are walking or running their own business, but they must have a business license, if they are a working for a company, the way that it worked with the tax collector is that in order to allow each person to have a permit that comes up and each person has to be an independent contractor and so it is an $26 fee to be a independent contractor, and the number is determined by how many employees that you may have and they have to get that business license and then, but as far as the license goes, and all of that, they can use their employers. >> and what about the badge? i am curious as someone who goes to chrisy field every day and i see what it is like for the dog walkers and kind of a rough and tumble business that they are in. what kind of badge are they are going to have that they will not lose or i saw the $50 fee

for replace it. >> we are issuing and taking a while to get this program up and into place and this is sort of like the city ids and if you have seen those and the plastic badges that have a template and the picture and all of that and were designing them and hoping to issue them sooner than late and her it has been complex on our end and the hard badge with our id and they don't want to wear them but do have to produce them upon request. >> it will not be required to be seen on them? >> that the vehicle plaque must be displayed in the window. >> are the walkers responsible for making sure that every dog is licensed? >> yeah, i mean, what happens currently is that if there is an incident we don't go in and enforce licensing laws but what happens is if there is an incident usually it will be a dog on dog scuffle and the

license regulates that the rabies are current and and the law. and throughout the state really. and so, if the dog walker now does not have a license for the dog, we will issue a citation now. and an owner could come in and remedy it and it goes away but that is how it is done and that is only method of doing it and we can't track down the owners and the same will be the case and we have talked a lot in the out reach with the dog walkers about providing the information to the owners that we have created part of the website to educate, consumers so that they understand more why it is there. but, it is what it is. it is not... i as far as i know, we are not doing the enforcement and i would highly doubt that they would be asking to see the license and it is driven by some issue that comes up.

>> any other commissioner comments? >> i want to make a comment as a dog owner and frequent going to places with many dog walkers that i know all of the responsible dog walk rs that they are expressed that they are happy with this, there is someone new every time that i go and they are out of control and the dogs are running away and you know, but, i mean, many of the dog walkers are extremely professional. and so, i think that it is a very welcome thing. >> thank you. >> thank you, very much. >> and you know, it was rebecca who gave me the time and provided me with the opportunity to put this together, as a believe the right way. and i think that we have done that. and so i appreciate your support and your comments. >> and i would want to concur with commissioner dooley just said, in my neighborhood, i have half a dozen dog walkers and i live up by corona heights

park and they are all in the process now of getting licensed and they all expressed gratitude and how happy they are that we finally have this. >> it is a good thing. >> good thing, great. >> do you want to take the public comment on item number 7? >> seeing, none, public comment is closed. is this an action item? >> or are we just approving... >> it is an information item. there is no official action, that you might make some recommendations. >> they have done a great job. >> but one item that actually i did hear from a couple of people over the weekend, is the timing of the vehicle registration, and that it is once a month and it is right at the height of the time that they are doing their dog walking and since it is kind of

under our purview to deal with the licensing and stream lining that the stream lining recommendation is maybe to make the vehicle inspection either in early mornings or afternoons and on the weekend and not the peak hours so that the dog walkers do not have to lose business not do their business to come to get the vehicle registration and the dogs don't get walked but to do it at the off peak hours, wanted to know if that is a consideration. >> in the out reach we did hear that from a number of people and offer to make some weekend appointments available with an appointment. and a number of people took us up on it and many have not. and it was for the month of may as people were gearing up and it is now no longer the case. the thursday was done, a lot of people wanted it in the late hours and we only have one officer on just to give you an understanding of our agency, we have currently 9 officers to

patrol the city 24-7, 365. so to have an officer available to inspect vehicles we have to enough staffing on so we picked the hours that we have staffing that will allow us to do that and that is how we picked the thursday morning time. that said, we did make some allowances for people who could not make it on a thursday by appointment that has expired and i am sure that there will be people who want it as well but we are pretty tight. >> great. >> appreciate that. >> thank you. >> okay. any other questions? >> that was a great presentation and good luck in retirement. >> thank you. >> next item >> what is the dog's name? >> that is tory and it is short for victorious because of what she has overcome, she was going to be my prop for the next item. but she suffered pretty

horrendous abuse at the hands of a man who beat her badly and now blind, a puppy 11 months and unbelievably as you can see she is extremely trusting and loving despite what she has been through. if anyone is looking to adopt we have an application on the website. >> she is certainly recognizes your voice. >> okay, next item? >> commissioners, item number eight, presentation and possible action to support pet store merchants regarding their efforts to maintain their business, merchants on chest nut street primarily merchants of the smaller locally owned independence and pet stores and groomers that are working to prevent the business from the possible closure and presentation by pam hable cat nip and bones and susan landry and animal connection and this is a possible action item.

>> commissioner ortiz. >> commissioners, after discussing with the city attorney, i have to recuse myself because i have done the business with the location and irelative of mine does business with that landlord at the location, creating a conflict of interest. >> do we vote? >> have you to vote. so to accept his recusal. >> do we have a motion to accept? >> i move. >> second. >> all in favor? >> aye. >> okay. >> i am sorry was that commissioner o'brien? >> yes. >> and commissioner ortiz-cartagena you do have to step out in the back and i can send you a message when we are done. >> okay. >> bring me back. >> conclude. >> commissioner white? do you want to make a comment? >> for it, yes, i would like to

request a continuance. for the next item for 6-24 meeting. >> okay. >> >> do you have a second? or comments. >> we would need to take the public comment. >> yeah. >> well, yes, i mean we definitely need to take public comment. but i mean if there is any question or i don't know if there is any, we need to take public comment on the item and the request for the recusal, not for that but the request of continuance and the commission needs to discuss it. >> okay. >> do we want to have the public comment done on moving this item to the 6-24 meeting? the public comment? and anybody who would like to make the public comment on this?

>> and we would move this item to the june 24th meeting. which is in two weeks. >> okay. >> okay. let me... just this is we have a item up that to take this item and we want to move it off today's agenda just to move it to two weeks to our meeting on monday, 6-24. >> yes, the procedure is questioned, and public comments and then commissioner presentation, and then commissioner white has made a presentation on doing a continuance. and they have not had a chance but the commission has a purview to recommend a continuance, but you have the ability to be able to ask questions, and then there is public comment, commission comments and then the commissioner comments on that

motion. >> i'm just why the request for a continuance? >> i oppose it. >> everybody is here. >> that i think they want to hear both sides. >> i want to hear both sides. >> they are here. >> both sides are here. >> just a second. >> so, i think that... >> before we vote on the continuance we will have public comment. >> so, again, so commissioner so i think that you asked why the request for continuance? and so your request for a continuance is for the reasons for the request for continuance? >> just to hear both sides. >> correct. >> and presumably only one side is here this evening. >> but we do have... >> only one side on on the agenda. >> i want to clarify the order of business. >> let me make a clarification. we are not the planning commission and so we are not making, this commission does not make the determination

about whether the conditional use application does not make the determination on the conditional use application. what is before you is small businesses coming before you with the request for the commission under the purview of the criteria for formula retail criteria to make a recommendation to the planning commission based upon the criteria of the formula retail controls. so you are not... you are not necessarily... you are not... it is sort of, it is some what of a fine line, because it is not that the project sponsor is to come to you, you are not, and we are not the planning commission and the planning commission is up to the project response soar to go before the

planning commission to say this is why you should approve the conditional use process, right? >> right. >> so, what is before you, is small businesses who have come to the permitting committee and the permitting committee has made the recommendation for the commission to hear the small businesses present to you criteria that they are asking the commission to hear and possibly recommend to the planning commission on the criteria that the form law retail as it may effect them as a means for them to take into consideration whether they want to or not. >> am i making... >> yeah. >> so i am not clear on why we can't proceed with hearing the folks who have taken the time to come out this evening. >> okay. >> and to in the end that have presentation and there may be public comment by those who represent an alternative

interest and we can hear that and recommend that we hear more later or that we not. >> the commission's purview is about fostering and promoting small business and so these small businesses have come before you and or coming before you around an issue that is of concern around fostering and promoting small businesses. >> got it. okay. >> okay. >> so i will withdraw that continuance. >> okay. >> go ahead. chris. >> so we can proceed with the presentation on the agenda. >> yes. >> okay. >> welcome. >> thank you. >> good evening commissioners my name is susan landry let me know if you want hear me. i am with the animal connection, the set supply store on chest nut for 27

years, we were able to express our time and energy to show that the pet (inaudible) were not something that the residents of the marina were in support of. we are investing the time and energy to prove the same thing. and nothing has changed in the past 4 years to justify supporting the premises that the marina is in need of a pet food express, what has changed is that since we aprofpd the neighborhood about opening in this location he has opened a store one mile away from this proposed location and has grown from 34 stores to 48 stores. there are four small owner operated pet related businesses and several of that is within one mile of the lombard location and these stores would be adversely affected and some of these would surely close. and pet food express brings

nothing to the marina that it does not have. it would be nice to have a tenant on lumbard street but is it worth the risk of losing multiple stores to put in a chain store ta will give less back to the local economy. does it make sense to a strong street to reward the change that let a space sit empty for four years? since the last time that we had this fight? so they have been leasing it for four years. and pet food express has sat on the lease four years while waiting for back door support to get approval for the space. do we reward the pet food express for coming back four years later after the neighborhood spoke up so strongly supporting its local merchants? >> and in 2009, marina community association voted to

remain neutral, regarding pet food express. and we are very proud to say, that in october of 2012, the mta voted to support the cat nip and bones in the animal connection. the sca also offered to assist the landlord of 24, 60 lombard street to find a suitable ten ate. >> and also in 2009. the association voted to support us and just recently in may of 2013, they voted to support us once again. if people want to shop at pet food express there is just just up the hill and it has parking. small neighborhood businesses bring character and heart to this unique neighborhood and our great city. with 48 stores, pet food express is the 5th largest pet store chain in the country. it is not a small local business regardless of how they try to present themselves.

not only would it put the stores out of business but the chains of this size do not put the money back into the local economy anywhere near where the small local merchants do. pet food express is predatory and although not the least sense expensive they offer by three and you will get one free, this will destroy the small businesses and leaving the community at the mercy of chain stores like what has happened to so many communities outside of the city. and help to keep san francisco a unique place that it is, and keep the change at a minimum. and it might seem like only one store but when walgreens and staples started and there are only a few and now where are the independent pharmacies and the office supply stores.

prior to blockbuster video opening, which is just the lumbard street location, that pet food express is scrie vying for, there were four independent video stores, within a year they all closed. and this is an example of why the board of supervisors created the formula retail ordinance and why it was overwhelmingly approved by the public when it was put on the ballot. and as small retailers, i should know this by heart, we care deeply about our community, and we offer credit, we will deliver to the elderly and sick, and we contribute to rescue groups and we donate to schools and church auction and we do things that big chains would never dream of doing because we are a part of this community. we are trying to help maintain the character and vitality of the marina district and you too can make a difference bystanding with small business and san francisco, by saying no

to the proposed pet food express. commissioners thank you for your time. >> >> my name is pamela and i am the owner of cat nip and bones. thank you for hearing us tonight. and we really, truly are a small businesses, and who have had a continuance, would have i know that it is hard to believe, but i am really a one-man or a one-woman show, you know? and so it is not easy for us to actually get here, you know, financially we have to have somebody man our store or work in our store and our close our store if we don't have

employees. so, i really truly appreciate it tonight. my store has been on chest nut street for 14 years and i very proudly am very happily live in the marina and i have done so for 18 years and i get to walk to my store, everything that susan said in her speech, i completely agree with and it was some would say, four short years ago that we pretty much gave that speech verbatim. and there is just a few more additional items that i would like to bring up. currently we have received 1,000 signatures and are still gathering more each day of our petition from people posing the continual use permit. and that is these right here and we have also brought in excuse me, and approximately of

those signatures, 80 percent of those signatures are from people in the neighborhood. we also brought in tonight, our opposing signatures from the pet food express conditional use permit of 2009 and that was approximately 3,000 signatures, secondly, tonight you might hear or read about pet food express retail survey, i think that it is important to note that this survey was done by a gentleman named mat holmes of retail west, who owns and runs the commercial real estate firm with which pet food express used and paid to secure their leasing at their particular location. >> i also did bring a map to

show the proximity of the current... so, this is the proposed pet food express location. and these are the pet supplies stores and areas that currently offer supplies and this one mile away, is the approximately the 6,000 square foot facility of the other pet food express with parking. >> could you move up the map a little bit? >> sure. >> i am sorry, where was this, the california location? >> this is the california location. and this is one mile, 1.1 mile

to be exact. and this is approximately 6,000 square feet and 7200 square feet and so within this 100 mile radius if they are granteded permit they will acquire 13,000 square feet of just pet supply products and i am not good at reading maps upside down for me but i believe that this is animal connection and this i believe that this is my store there. and also, not to be... we actually have two stores on union street and one closed about january of this year. and so i think that is all of

our presentation, we do have some of another pet store owners that are in the neighborhood that will come want to up during public comment and speak on our behalf. >> thank you very much. >> commissioner comments? >> commissioner dwight? >> well, sort of preaching to the converted here, i think that this strikes me as a next book case of why the formula retail ordinance was adopted and pending public comment, i certainly think that this sounds like the community is doing what it is supposed to do in this case and did it four years ago and having to go at it again. >> it troubles me that the company has sat on this lease for four years. and that actually it seemeds to me to reinforce the nature of this that they can lay and wait in that express and keep

bringing this up as they rally support time and time ago again and so i... that is all that i need to say. commissioner dooley? >> i agree, also, nothing really has changed not that the pet food express has a store closer to those folks now. that is why they were talking about the charitable gifts to animal control and that is really unfair thing to talk about because they are a large chain and in it is also frankly inappropriate for a city agency to be lobbying in any way for any type of permit in this city and it is just inappropriate. and so, also we are trying to encourage to have to do as much staying in their neighborhood

and one of the things that is staying in a parking lot and this is going to detract and attract from the small businesses from a much broader area than if they were a store with smaller parking, it puts the smaller stores at a big disadvantage as we know with the parking stuff from mta it is harder now and they are encouraging more bike use and they are encouraging more walking and you know if a company like this has a parking lot they are drawing for much further away than just the immediate neighborhood and i think that the impact is much broader in that respect. >> commissioner dwight? >> i do want to add that i don't intend my comments in any way to villify a chain store or to invalidate the charitable actions that they take, i think that large organizations can play a very important role in the local community as they can

help to activate, under utilized areas, they can help to activate areas where there are not services, being drawn into the area. but i think that this is a perfect case where there is more than sufficient support, for the goods and service and they are provided that the local community itself endorses that and so, i think that is precisely what we intened with the original legislation and again this is not to in any way, depricate the good work that the pet food express does, but it is necessary that we protect and we assist this group in protecting the unique character of their neighborhood and that they feel that they are adequately served. >> by businesses that have been there over decades. >> and thes a clear case to me.

>> and any other commissioner comments before we go into public comment? >> let's have public comment on this item. >> members of the public who would like to speak on item number 8, step forward. >> how many cards do we have? >> i don't have any cards. >> >> thank you for allowing me to come. my name is michael levy and i am the founder of pet food express and i would like to tell you basically about three things, my story, how we differ from traditional formula retail and why we are looking at lumbard street all of this time. >> i started in 1976 as a dog trainer while i was going to city college, part time as a dog train and her dropped out of city college, much to the shagrin, of my mother and

became a full time dog trainer n 1980, i released a store on west portal avenue, and it was primarily a dog training location, which sold a little bit of product. over time, i increased the amount of product in there and expanded from just dogs to having a few supplies for cats as well. and in 1986, i took back that store and went full time into retail. and the... i want to expand the company further at that point so i decided to do the delivery service, and i had van and i went out to people's homes and delivered products. in 1987 i changed it to pet food express to go with the delivery concept. opened a second store on 19th avenue in 1989 and again a small store, and then opened a third store in berkeley. and at the time that i opened