understanding small term and financial benefits to everyone sf is supporting the businesses and a love of small business has kept us afloat in times of recession and i feel that it's a tra*f ski that a business like jack spade got a letter of determination and fell short, we are a community and communities have rules and you can't just move in and make up your own. thank you for your time. >> next speaker, please. >> good evening, my name is michael gardener, i wrote something but i'm going to change it right now. i'm going to tell you a little bit about me. i've been in business almost 40 years for myself, and i've owned siegel on mission street, i sit on boards of all kinds of

organizations, i make substantial donations, i buy baseball uniforms, and in the 36 years i've been on mission street, i've seen all the ups and down, we are at the lowest level in the mission that weave ever been in my 36 years, there's more crime and homeless people on the street, we are getting less city services out there. before i came down here this evening, i counted the empty stores on my block, i'm between 19th and 20th, there's 9 empty stores, i think somebody who wants to take a store that looks like a bomb hit it and remodel it and bring people in the neighborhood is wonderful for me. there was a time during my 36 years on mission street when we were such a high profile business that 20 men stores moved in around me and i used to be very upset about that because i thought they were stealing my ideas and stealing

my brands and all of those things but i have to tell you that i did more business then than i ever did in the whole time that i was there and if there's anything that can happen tonight, i would like you to consider that i've been in the jack spade store in venice beach, they're not the same everywhere, i don't know whether it's formula retail or not but we really need them in the neighborhood. thank you for your time. >> thank you. >> next speaker, please. >> hello, i'm carmen kas tell low, i'm header generation born in san francisco in the neighborhood and i have been a volunteer with department of public works for 11 years, i remove illegal posting, i remove graffiti stickers, i

report graffiti and i pick up litter. i also call on drug sellers and vagrants sleeping on the sidewalk. i'm very happy to hear that jack spade wants to open up a store on 16th street. we do need good stores, we need good people, the area has deteriorated and that's why i'm here, for jack spade, i took pictures yesterday of 16th street, how it looks, it's very bad, and i would like you to see the pictures, what we are dealing with. >> we could put them on the overhead if you would like us to see it. >> several neighbors and us, we are scraping off the graffiti stickers and removing them, i've been doing this for 11 years, we need good people in the neighborhood and we need a good store, so please consider

this business. thank you. >> thank you. >> next speaker, please. >> good evening, members of the board, thank you so much for giving us the opportunity to speak to you about this issue this evening, my name is andy blue and i have lived a block and a half for approximately the next 10 years, i speak this evening who cares deeply about the mission district in particular and as someone who has invested a great time in energy to define those positives things that i believe makes san francisco special.

when i heard jack spade moving into the area, i wanted to get involved. after investigating the matter, it became crystal clear that jack posed precisely the same sort of situation that our city's formula retail regulations were intended to address. as one of the majority of san franciscans who voted for the city's formula retail ordinance, i was frustrated that neither i or my neighborhoods or anyone else in the neighborhood or the largest community was going to have a say whether this corporate chain store should open up on a special stretch of 16th street, many local residents and organizations were unaware of kate spade's intent and made aware of what was happening, they would want the opportunity to offer the input, the input that is the right under the city planning code, i reached out to as many neighbors, friends, community organizations as i could, every

friend, neighbor and organization was displeased to hear this was happening, most were unaware that this was happening and all put it on petitions, i gave you a list of organizations, these organization that is serve our community don't care about this issue, they care about this issue because the rapidly changing mission district, the long term outcome of this matter will have a direct impact on the lives of the people they serve and upon the variability of their organizations to remain in the neighborhood. under the law and under basic notions of fairness t community deserves to be heard on this matter and this board has the opportunity tonight to begin the just process of restoring community input. thank you so much. >> thank you. >> next speaker, please. >> my name is kyle smile lee, i'm a resident of the mission, and i would like to tell you a little bit why we believe that

jack spade misrepresented the true nature of its business structure when applying for formula retail, jack spade claimed to be an independent business with 7 stores, by any reasonable interpretation, jack spade is in fact the same company as kate spade which has 94 locations in the u.s. to trigger a public hearing, i would like to show you some evidence we gathered about the close connection, in the recent filing with the local government, it clearly shows it considers jack spade a sub grant of kate spade, in breaking down its business structure, fifth and pacific lists kate spade of its own segment which jack spade is a sub brand. it later state ins the 10k that kate spade offers fashion products for men under the jack spade trademark. we've uncovered from our own research that both jack spade

spade share the same headquarters in new york, the same distribution software in ohio, the same legal departments, the same staff and payroll, the upper left hand corner of jack spade's paycheck, there is a kate spade's logo, it also reads kate spade is an equal opportunity employer with no mention of jack. all this adds up to the fact that in function, jack spade enjoys all of the benefits of the shared resources but because it claims to be an independent business, it is not under the regulations to protect small community focused business by being pushed out by deep pockets, all we're asking is for a chance for the community to be heard, for those being affected to have a forum for their views to be heard. we appreciate your time. >> thank you. >> next speaker, please.

>> thank you, madam president, my name is mark sol man, i volunteered about ten years ago when the first legislation concerning formula retail was being contemplate and had we covered exactly these things and tried to include that into the legislation, the voters refi firmed that with the ballot box prop z, the tie goes to the people with the deepest pockets, it's supposed to go to the people in this room that make it the kind of place that people want to charm to death. we need you to do your job in the board of appeal iss to represent the people when staff does not serve the people's interest, the people is expressed by the ballot box and voting for supervisors. i think in this case, we're looking at a willful misleading

of staff by depocketed interests and in that case, there's been a gross misjustice here as far as administering the people's law, the purpose of the board of appeals is to ensure their laws are being faithfully implemented by staff. i think it's your job today to take this up, give us a fair hearing because if you don't -- if the lod goes, that means they have to go for a cu, the entirety of the building unit has to get pushed back and we have to have the real process here on what formula retail is in the mission, and next time, they say we've come so far, mr. sanchez is saying it doesn't matter if he followed form and process, and it gets washed out, your job is to make sure that they get followed with every step. thank you. >> next speaker, please.

>> my name's brezi colbersom, i've seen the neighborhood change over the last decade and i would say that having jack spade open up would be not a good investment in the neighborhood. the neighborhood right now depends on tourism and tourists come for if uniqueness of the mission, they don't go to come to another chain, they come to my shop because it's ewe niek and i think jack spade will cheapen the naibtd and hurt the whole community at large. as for crime, i don't think jack spade would be good, [inaudible] they're the ones who care and they're going to be invested to come here on their day off and try to clean up the neighborhood. the crime is, the residential

hotels which that's something the city needs to take care of, there needs to be a need for more help for mental health and bart, you know, of course, jack spade is not going to save the neighborhood as crime goes, it's only going to cheapen the neighborhood and stop the tourism from coming, a lot of residential hotel ins the mission are turning to r and brb, and i believe ones on 16th street will do the same, the reason there's empty store fronts because it's going to be the next valencia and all those owners are waiting and just when i was here for american apparel appeals, now look at it, 5 years later, it's golden and mission street will be the next valencia. >> thank you, next speaker, please. >> i own and operate a business across the street from where jack spade is going to be

called benny gold and i was on the fence for a long time about the jack spade situation until recently because 16th street is a lot different from the mission street neighborhood, we have two transit hotels, multiple liquor stores and just the nature of that block is getting really bad, every time i'm cleaning up human extrament, there's been a fatal shooting across the street so it's not like jack spade is going to a prime location, they're going into a neighborhood that needs repair, i hate to say it, i know a lot of people won't like to hear my point of view on it, but i think they should clean up the building. >> did you want to state your name. >> my name is benjamin and my business is benny gold. >> next speaker, please. >> hi there.

my name's hailey kavliky, i'm a resident of san francisco for the last 11 years and i've managed a business for the last 6 years, the reason for the hearing today is not whether jack spade is formula retail and whether we should be granted a late appeal, i believe we should be granted a late appeal because my business is about a block and a half from there and i didn't hear about jack spade going into the neighborhood until i heard adobe books was forced to leave, they led you to believe he was retiring, he didn't retire until he lost his lease, so i followed the mission merchant's association, the president's bar is right across the street from us and i didn't see anything come through there and i kind of rely on that for my information, and so that's the reason that i believe we should be granted a late appeal. >> thank you.

next speaker, please. >> hi, thank you for allowing us the opportunity to speak. i will speak what i have prepared, it may or may not be to what the relevance of this hearing, but my name is brook cooley, i am in opposition to jack spade moving into the valencia street corridor, i pay high rent to live and work in san francisco. i moved here from florida about four years ago because one of the many reasons, because it supports local business and encourages artistic entrepreneurship like norls in this city, a short story, recently i jumped in a cab near my home in coal valley, i instructed the driver to take me to a more creative part of

the city, i needed inspiration, and i said 16th and mission street. the valencia street corridor is one of the many reasons i moved here, the local shops, the artistic presence, the inspiration that instills me, the flavor that blends, i cannot get the feeling i get when i'm anywhere of 16th and 24th street on valencia, please don't open a big door for big business by allowing jack spade to open up their business, continue to support business along the -- valencia street. thank you. >> my name is alicia gemez and i understand the purpose of this hearing, the hearing is to determine whether the letter of determination should get an appeal, and you named one of the standards of jurisdictional

review being manifest and justice. >> i want to correct the record, it's not manifest and justice, if the city inadvertently or caused the filing to be late, i apologize for -- >> could you restate that. >> city attorney, get it right. >> the rule is after the appeal has expired the board allows jurisdiction except in extraordinary cases where the board finds that the city intentionally or inadvertently caused a requestor to be late in filing the appeal, the city inadvertently caused the requestor to be late in filing the appeal. >> well, the manifest and justice was far more poetic. >> that's for a rehearing request, and i hope i'll get credit for that time. >> sure you do. >> but i will -- i do think i can still get it in there because the issue being whether

the city was inadvertently a player in allowing a letter of determination to be issued which was based on bad information, that bad information came from jack spade, as was shown in a prior speaker, the -- a corporation 10k does not -- is not something that is developed over time or even over the course of one year. there's an article on kate spade's own website or fifth and pacific's own website that determines there are 10 current store and is 11 and 12 on the way, san francisco and the zoning administrator does consider leases, that should have been something that should have been disclosed and the plans that were obviously under way of great expansion as stated, jack spade has begun to spread its wings and is poised for broader expansion and that

that expansion, it's 100 million dollar men's business with high margins korkt the melissa zides who spoke with us earlier and this is coming from fifth and pacific's own website and that has taken the form of expansion, it grew from 103 units to 10 stores, plus atlanta, if the city was inadvertently an actor in facilitating the failure of the citizens of san francisco having the opportunity to voice opposition to such a store through a conditional use hearing, then that is a basis for allowing a letter of determination to be set aside and opening up jurisdiction here. i think it's very important, although i understood it was said earlier that there is no precedent if this sort of thing is allowed, it will continue and if this sort of failure to

provide relevant information which was clearly a business plan prior is allowed, you will just have more. >> thank you. >> next speak -- speaker, please. >> thank you. my name is benjamin wax and i would like to follow up what was just said, my concern here is precisely while this may not be a pres d*eshl rounding, i can tell you people are concerned about this issue because we think we are protected from formula retail and now we are asked to swallow an explanation that a store that shares a parent company, that shares a payroll, that shares a human resource department that advertises for shared services on their website is in fact entirely independent for all intents and

purposes, that is not what we voted for, that is not what we understand the law to mean, if only a lawyer can understand the protections we have and we are not protected particularly if they are simply that ridiculous. if it happens on valencia, it will happen elsewhere and in the inner sunset where we don't want it, it will happen in twin peaks and in san francisco, the voters passed a measure to pass this precisely because this is the kind of thing we want input on and yet we're not solicited for input. the outreach was not done, it seems very clear that a determination was made on the basis of information that either was a lie or is completely ludicrous, we are not protected unless this process works, unless we are protected here at this level, at the appeals level, then we're not protected and there is for all practical intents and purposes no protection against formula retail. thank you. >> next speaker, please.

>> my name is gnat cut ler, owner of two restaurant ins the mission, [inaudible] kettle, just where jack spade wants to locate and [inaudible] 18th and 19th. for the betterment of the 16th street corridor, both immediate and long term, jack spade should be able to come in, they will bring a quality clean retail, they will help increase the economic benefits of the corridor as well as the safety and comfort of its inhabitants and they will do so while [inaudible].

i do find it interesting that myself, sunny moon, benny gold, carly lane, the majority of the businesses on 16th street support jack spade going in while the majority of businesses on valencia do not and as an owner of restaurants on both, i consider the neighborhoods completely different and 16th street needs help. thank you. >> thank you. >> next speak e please, and again if folks could come forward, that would be helpful, thanks. >> my name is erin fish can and a business owner on valencia corridor, this is an issue that people are very passionate about and at the very least, jack spade has circumnavigated

this and a hearing is the least we should have. >> thank you, next speaker, please. >> madam chairwoman, commissioners, thank you very much for taking the time to hearing our points of view today, i'll be brief, i'm jose seaway, i run a website that's an entertainment website here in san francisco and i'm a native san franciscan, i remember 40 years ago when i went to the mission, 16th and valencia area, one of my experiences was seeing a man chasing another fellow down the middle of the meridian that valencia used to have a 4 by 4 and a spike that he was preparing to drive down the young man's head, it's changed much for the better and i think san francisco deserves some props for that, getting to this jack spade issue and the letter in question, i think we've got two problems here, one is that

we've already seen jack spade is no different from kate spade, it's the same organization, different line of clothes, but the same principles, i think the more important thing that we ought to be taking a look at here is this notion that, well, they only have 10 stores, then they can't be a chain, i don't think that's important at all, i think that's completely mute, it's not a question of how many stores they have, it's a question of how many stores they're going to have and if this was the 10th star bucks that's trying to open up down there, we'll be saying, we made a mistake doing that, this is the 10th out of 92 more jack spades that will follow in the footsteps of kate spade. i think we need to look at where this is going, not where it's been, and in that -- with that said, i'd like you all to consider denying the letter that's been issued by the planning commission. thank you. >> thank you.

next speaker, please. >> hi, my name is lindsay and i'm the manager at beljar on 16th street, we are across the street from where jack spade is going in, and all across our street now is empty store fronts and it's impacting our foot traffic in the last few months i've seen it completely decline and i've spent over a couple of thousands repairing our windows from graffiti so we need them to go into that block on our street and that's basically all i wanted to say and there are merchants on the street that do support this. >> thank you. >> next speaker, please. >> hi there. my name is kelly galamore, i do not have a brick and mortar in the mission, i just live there and i really love it, for this issue, there's a loot of misinformation and i would really appreciate the opportunity for further investigation so that we can

find out what's best for our community. thank you for your time. >> thank you. next speaker, any other speakers? >> i have my heart on my sleeve, definitely supporting the merchant and is the analysis of what's going on with the enforcement of regulation on formula retail, absolutely this will end upsetting a precedent of subsidiaries of major corporations to operate under another name and have a store there while they share the same corporate structure, this is going to be approached and the laws are rewritten, if i understand this correctly, maybe the final permit hasn't been issued yet, they're going to have 11 stores and this letter of determination will be incorrect. this is going to fall under the

jurisdiction of this council and we'll have other hearings about this issue, fantastic, if i understood that correctly in the beginning, maybe all the -- >> you misunderstood. >> great, otherwise i would be confused before, it would be great if the hearings continue here, please consider all the other factual information. >> would you care to state your name, sir. >> my name is scott carper, i will know how this will end up affecting and setting precedents so please make sure this is addressed. thank you. >> any other public comment? >> good afternoon, my name is eric [inaudible] and i'm with [inaudible] merchants and immigration association on the mission, and we are in support of the appeal against jack spade. we do need to support the local home grown businesses.

this reminds me of a business that moved in at [inaudible] and 17th, it was called arcadia, they came in as a small coffee bar and played some jazz and a couple of years later, they were all of a sudden overnight a star bucks so we need to close these holes to make sure these things don't happen in the future, these large corporations are going to take advantage of those holes so we need to close the loops. >> next speaker, please. >> hi there, my name is eileenhassey and i'm due today, my company has four retail locations currently and will likely soon be considered formula retail, if i were interested in a neighborhood requiring a hearing, i would be enthusiastic to go through that process, i did have to go through that process of a

conditional use hearing when i opened on valencia street and that was an important step for me, i was able to hear the concerns of the neighborhood and thanks in part to that, i've had a great relationship with my neighbors for nearly 9 years. if i were to go through the hearing process and learn that a neighborhood was not supportive, i would no longer be interested in opening there. when one of my fellow merchants had the opportunity to ask jack spade's marketing manager if he would still be interested in opening on 16th street, even if 100% of the residents and merchants were opposed, he was unable to say no, and to me, this goes directly to the heart of why we have the formula retail regulations, measures which to me, kate spade that attempted to evade, they are not invested in the community, they are exclusively focused on what is good for the m