>> this is the regular meeting of san francisco small business commission it is monday, july 13, 2015, and the time is 531 meeting is toifd in a small business commission thanks 2 to 3 the media services and the sfgovtv staff for toifg today's meeting members of the public silence our phone and didn't see and use of cell phones, and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. please be advised that the chair may order the removal from the meeting room responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices. completion of a speaker card while optional will help to insure the spelling of the names

please deliver the speaker cards to me and additionally a sign in shoot for the people to be added to the mailing list. >> all right. call to order. >> roll call. >> commissioner adams commissioner dooley commissioner dwight commissioner ortiz-cartagena commissioner tour-sarkissian commissioner white and commissioner yee-riley mr. vice president we have quorum shall we move on. >> let's move on general public comment at this time, members of the public may address the commission jurisdiction of the commission except agenda items. with respect to agenda items, your opportunity to address the commission will be afforded when do we have any must be of the public that wants to comment on anything noted on the agenda seeing none, item 2 is closed

item 3. >> item 3 is approval of the june 22nd regular meeting minutes. >> i move to approve. >> second. >> all in favor, say i. >> i. >> all right. item 4 >> item 4 is discussion and possible action to make the recommendations to the board of supervisors on the b o s file planning code and zoning map rerezoning the properties on ocean avenue this is to rezone the properties facing ocean avenue between tfa listen and half street between rh1 district to the ocean avenue transit district and to include them in the existing ocean avenue we have a presentation tonight by

the gentleman legislative aide to supervisor yee. >> well. >> thank you, commissioners for hearing (inaudible) special presentation (inaudible) in the neighborhood (inaudible) ocean avenue (inaudible) rh2 and (inaudible) law the properties facing the ability to transform their garages or combrrz into retail space to expand storefronts and businesses along ocean avenue around the balboa park station it is between the balboa that has the support of the local cv

d the local association and the unanimous planning commission and supervisor avalos that represents a couple of those properties that we are intending to rezone basically allows the flexibility for those property owners to develop ground floor retailer we hope this could be small businesses that are particularly positions between balboa park and city college and exciting to see a creative way to see the garages and the ground floor spaces. >> okay. >> has there been any public opposition. >> no. >> commissioners. >> commissioner adams. >> thank you very basically, we the probability this in the castro or 18th street what was very much a success if not for this

castro country collaborate i club as the downstairs space that helps a nonprofit out and several other of those embarrasses that are being unuses that are now turned into small businesses and does turn into small businesses this is a great idea singularly 72 hour the avenues people coming up to city college and that this is a great idea. >> commissioner yee-riley. >> how many reports belong. >> i have a map actually, if it is helpful we'll get the overhead so it's the black yeah, like - i think that is 3 properties

two between ocean and half and geneva and half and you know one property on the side of geneva. >> thank you. >> you're welcome. >> any other questions or comments. >> public comment. >> so seeing none, is there any any public comment on this item? yes. >> no? just movement in the gallery in public comment seeing none, public comment is closed. commissioners a motion >> i'll motion to support this like i said i've seen this in other neighborhoods done very, very successfully sea increases the small business a chance store will not come into i like the good restaurants and retail stores out of it is working

really well. >> i'll second. >> okay. >> all right. roll call vote. >> commissioner adams commissioner dooley commissioner white r commissioner dwight commissioner ortiz-cartagena commissioner yee-riley commissioner ortiz-cartagena and commissioner white all feather 7 to zero. >> item 5 and is discussion and possible action to make recommendations to the board of supervisors on b o s file planning code allowing on existing restaurant or a bar to open a second bar with the conditional use authorization in the north beach special district this is an ordinance amending the planning code for an restaurant other than bar in the

state and federal special district with the conditional use authorization provided that it meets certain criteria and this evening a presentation by commissioner burns legislative aide to supervisor christensen's. >> good afternoon commissioner president dwight i'm a legislative aide to jooishgz i'm happy to present the special district f u d restricts the restaurants from occupying retail or service use not previously a restaurant or bar and restricts the spaces that were recently restaurants and bar the sud the neighborhood has been to fill you will f fulfill long term vacancies this allows an existing bar to open a second location with the approval from the following criteria are met

the existing restaurant or bar has operated in the area for a year the second location opens must be ground floor and at least 5 thousand fiat square feet and vacant for 15 months at least 40 percent felt space must not be restaurant and the ground floor will be provided to provide a subsequent benefit to the neighborhood we found 22 elevated storefronts that are too large for retail and two small for a grocery store that allows moms restaurant to open a second location the sanchez family has deep routines in north beach vince sanchez as listened to the concerns and provides a model for a restaurant as well as providing a grocery store he's

built areas for this and has letters of support the proposed location is a prominent location on the corner of vallejo and columbus creating impacts in the neighborhood that is past time to fill the vacant with the neighborhood we hope you will help us close the gap by supporting in legislation today, if it's okay. i want to ask mr. sanchez to provide some comments. >> thank you, commissioners i was going to ask i guess i get 3 minutes can i by chance get four and a half. >> we have public comment. >> part of the presentation so i said to mention as the project sponsor i came here on behalf of my brother michael that owns moms and in washington sandwich

give you a little bit of background any mother and father and brother opened the business on that corner in 1951 and burn a community member and many of the families living in the area i was one of the 8 that grew up working in the restaurant and many momma's over the years we serve 6 hundred people a day around the calendar year a next generation is skoup in part that is the impetus for having moved on to the project once this is brought to our attention in june of 2012 genesis of this project is commissioner yee-riley that braikt brought this to the attention attention of our family as a long term business in the area we'll be suited for

the location she of the that like coming together with a restaurant that would take a portion of the space and a grocery that indeed with her help and the help of others in the neighborhood we might get modification in the zoning my brother reached out to me to come to check the feasibility of that project it took a very quick time to understand that this will work very well for our family and i signed the lease contingent on getting city approval we have the baking the commissioners and the city and the city attorney's office and the directors of the planning department along with many of the neighborhood associations we feel that this synergy we'll bring with momma's restaurant and little momma's especially the grocery is unique to the area we'll offer the more

towards organic towards grocery stores and a salad bar not not area and mow is right around the corner i grew up with those people we both have italian items that will compete i took the time to listen to the neighborhoods needs when i came up with this concept of momma's and little momma's you have a corner that is dark of the last 9 of the 11 years it didn't help the merchants open grant street bracing are supportive our local restaurant tours are supportive and most of them said are you going to do dinner they said if no. we're glad to have you it will hundred people to the area that will benefit the local

merchants both restaurants and retail the biggest change and the reason this is been entry for so long in my opinion has been the emerge of the technology my reading allows me to use the corner as my office i watch amazon and google and safeway up and down the hills the small retailers briz businesses are struggling and we have this luxuryy of mixing the units a restaurant and spelt market because of the ability to rotate the groceries through the volumes we can afford a little lost leader in this space you wouldn't other groceries who have the luxury to exist under so i think it is the right time

and we're the right people for this the zoning agency it is in all of the studies that i have you put together will show that will remain entry the grocery industry didn't want it you have 36 thousand square feet supply hardware that opened up one $.3 million from the store you don't need another one everything that you would want for that corner bringing more business to the area offering goods you don't get in other local areas makes sense for the neighborhood and i this is a project we're very excited about as a family to put forward that's why question have the support of neighborhood both merchant and the people that live there and i ask for your

support also in recommending this change in this cu and change in the amendment we're putting forward a narrow amendment didn't work for us it goes back to the original like the original zoning so with that, i will leave it to any questions you have please feel free to ask thanks very much. >> thank you. any questions commissioners? our residents expert no >> comments. >> any thank you very much is there any any public comment on this item? >> i do have several speaker cards first up is (calling names). >> then i have a few after that. >> oh, i see a written script i encourage everyone to write out their comments in advance your read into the record and the

more you collect our thoughts in advance the more concise and to the point. >> i'm ethel fox a resident of san francisco for the last 50 years and a resident of north beach for the last 27 years i've been a patron of momma's i like the food very much and have famous with the neighborhood i patron in itself a lot of places in the neighborhood in that a no-brainer 9 of the past 11 years there's a place that's been vacate you have a tenant it is popular in the neighborhood that will bring more people into the neighborhood and more importantly increase the tax revenue because of the business will be successful that's all i have to say it speaks for common sense for the people here thank

you very much. >> thank you. >> next. >> following mr. lee is janet and sandy good evening, commissioners i don't have my notes with me i'll speak out but you know hello and you know i'm here today to support momma's restaurant i am a resident of san francisco for the last 65 years and i spent 28 years of my life a block away from the location where momma's is hopefully going to be occupied and great for the neighborhood i'm also still a property owner down in that district i think this is good for everybody good for the tax basis and the people that are visitors coming to san francisco to come and visit momma's they are one of the highlights of the

whole city i hope you all approve that thank you very much. >> thank you for coming out next. >> who explicit love momma, huh? >> greetings. i'm janet although i can't i've been living in san francisco for 50 years i've been here a decade and pga by the neighborhood in north beach i thought that was sad to see a building go entry and find a business that is san francisco born and family run that is tdr in wanting to bring life to the neighborhood it is definitely a positive it will have a positive oracle for san francisco and i just wanted to hopefully cheer them on along the way it is someone that times to build a life and family it is important to fight for the right cause here so thank you for your time.

>> thank you. >> good evening, commissioners my name is sandy sue a san francisco residents please help 34078 mass we need them and the community need them thank you. >> thank you. >> good evening. i'm stefanone and a pro bono basis because i wanted to see this space occupied by someone that is loved in the community mom medias fits that mode we have in the future legacy preservation with icon independent businesses that make san francisco a unique experience the sanchez family has younger family members

sgrooup will work in the second location what is going to happen you'll see an increase in the pedestrian traffic during the lunchtime's and hopefully, will spill over and people can apron news some of the retail shops that will have been there but a little generation of more people coming to the neighborhood we are expediting with all the other parts of the neighborhoods throughout san francisco this is one of those things on the list that people come to san francisco and want a san francisco experience those eggs benefit dick and the crab benedict and people that eat at momma's and go back to wherever and tell them they had something unique in san francisco locals with their time precious don't like to wait an hour in line so itill be

amazing to see it quickly and instead of having i am going to wait about an hour i hope this protective amendment will be a bridge we can cross to get to the project sponsor so that the planning department has voted 7 to zero they like the project so it has to go before the full board i hope our recommendation is there this project has ground swelling support is it so time this place has been vacant for a long time it is overdue. >> thank you. >> any more public comment today seeing none, public comment is closed. >> commissioners. >> commissioner dooley. >> i think that everyone will agree it is a good choice for this space any only thing to address part of the legislation if any by

chance momma's decides to move or it closes which is the following that part of this legislation says that if they leave then another person can come in which is great but saying it could be a restaurant or a bar i frankly does not people in north beach wants to see a one thousand foot bar i ask to strike bar a restaurant is allowed to have a bar as part of its it's allowed to have it as a full service bar i'll urge that and the other thing momma's has been in the neighborhood for 6 years, however, the legislation says that an existing restaurant it is in continuous operation for

at least one year will be qualified for the same use of this special piece of legislation we all know that one year and the world of a restaurant is like one minute i'll recommend in honoring how it came about it was for a long time restaurant we increase that to a minimum of 5 years those are my only comments. >> okay. >> commissioner adams. >> i total support this legislation hundred and 10 percent when my parents come to town they stay in washington square to go to mammoth like this thing and the thing is openly up a second location is great you do i waited 2 and a half hours to get into that plays if i can get them into a

larger space like a speaker said locals time is precious if we can get it shorntd great. >> any other comments do we have a motion or suggests. >> i'd like to move we support this change in legislation with the two changes of that if momma's vacates and another group times to come in not a stand alone bar the other thing to say that the other second location that restaurant will need to have been in business for at least 5 years not just one year. >> can we entertain comments from the supervisors office. >> commissioners, if a bash was to go into that space in momma's closed it needs a separate cu and subject to providing 40 percent of the space as a

neighborhood use so never a 6 thousand square feet bar but seats. >> 36 - >> okay and . >> i see one year one year is like 5 minutes. >> definitely something we'll consider. >> yeah. that might be worthwhile. >> okay i will second. >> you want to read back the - so i still want to strike bar from the - and we have such a huge amount of bars in north beach the ideas of a large bar is not something the neighborhoods needs i don't know see why it needs to be included. >> so i think you, you can make the - make the words more

efficient strike bar and increase the length of time that a business is open from one year is that your recommendation two suggestions to supervisors office. >> okay and do we have a second. >> second. >> okay. >> roll call. >> commissioner adams commissioner dooley commissioner white p commissioner dwight commissioner ortiz-cartagena commissioner yee-riley commissioner ortiz-cartagena and commissioner white and the motion passes 7 to zero. >> thanks all of you thanks for coming out to public comment we appreciate it thank you. >> item 6. >> item 6. >> item 6 is discussion and possible action on analysis of the state and local sick leave

law for the enforcement and comment. >> we've been grappling with this one. >> commissioner for the last meeting we introduced and attempted to review some of the key differences between the both the state and local and the fang that at this particular at this point in time there isn't a dive active direction from the office of labor and enforcement combines our office in complication with the city attorney first, by and i went around and around to best combine those two things to present to the office of labor standards and enforcement to get some feedback on it was our - the commissioners city attorney that recommended

that we submit something officially to the labor of enforcement to get a responded from so the decision was to really sort of take staffs stab at if we were in an h.r. director what would we be recommending to the company in terms of integrating both pieces of law and because san francisco has a micro business definition for businesses under 11 employees that's why we have two differences interpretations of the law with one for tenor more employees and one for under 10 not to say there may not be additional questions to be

accompanied hopefully, you've had the opportunity to read through both of them and hopefully that worked for you to get our understanding as to if you're a business under 10 employees how to comply with the law and so for businesses with under 10 employees it is seems like there maybe somewhat an option not in terms of san francisco but in terms of dealing with the state so first want to ask if there are questions or things bryan or i need to clarify for you. >> i have a question. >> yes. >> i'm unclear i don't know if i understand the part an employer may require the paid sick leave is used in an hour of increments or less

so it is written into the law that's the language i think - >> it is odd. >> it is odd it could be that the employer says one hour quarter-hour increments it didn't have to be necessarily a day but this is that is just the we took as one law it is a state law that states that. >> it is. >> the state law that states that. >> the city law says 2 hours and were going to watch people's coffee breaks and deduct that. >> no. >> more flexibility. >> excuse me. i'm feeling sick i have to leave. >> they may leave to leave 15

minutes early they can leave and collect on that 15 minutes but from my understanding the employer has to put that in writing so again, we went with what was the more - what benefited the employee more bans those two laws. >> so if someone calls in sick how does that work they have to ask for an 8 hour - >> i think if they call in sick for the day maybe a day maybe they get off at 5 and go to a doctor's appointment so left at 4:30 so ranch using an hour of sick leave thirty minutes. >> it's not exclusively.

>> it you had to take someone to a doctor's appoint and you might miss 15 minutes of work coming in late it i think as stated it is designed to allow for the maximum flexibility for the employee to take that time and use it went. >> okay. >> and the hours are based on the regular shift times correct so if they're a 4 hour shift and call in sick but want to request six or eight hours. >> their hours will be bans the scheduled amount of time i mean i'm not an h.r. but i think commissioner tour-sarkissian. >> i agree with that statement. >> uh-huh. >> all right. commissioner

ortiz-cartagena. >> we've discussed that. >> hang on one second. >> discussing the twenty-four hours on the micro on the banks up front is that vested we didn't get clarity if we go with the method do we have to stay with the 24 that you have to pay out at the end of our longer termination. >> no requirement at paying out at the end of the year it means if you're under 10 employees as we consulted with the state that an employer can comply with the state by saying you have twenty-four hours of paid sick leave available to you whether you've worked that amount of time to accrue on that method you have it to use to be able to use that meets the state requirement.

>> then. >> then this is what we needed some specification definitive response on for the state from our discussion with the state if you do the twenty-four hours up fronted and it is available you've met the state mandate then to continue to meet the local mandate that allows the business awe kruger's up to the 48 hours with the understanding that the osc has the rule around accrual their rule around accrual as best understood my their rule making in 2007 that an individual can use as it is accrued so of they've accrued and used - if they've accrued. >> they can continue awe kruger

and not meet the 24 hours cap. >> it makes sense but the people with the least resources or the micro under the 10 in the city if we can make it clear if you don't choose the twenty-four hours vested but go to a 48 hours. >> our understanding and bryan correct me that our discussion us go with the state there are to options or being able two options the up front allocation or an accrual allocation what we the probability not put in here the state said you you know as a business can say well, you can only utility 3 days of that pay is it doesn't matter if this is up front you can limit the amount you as angle employer pay out san francisco does allow you

to pay that out if you have it in our bank to use we didn't include that in our summary of combining into allows. >> the state law precedes local. >> their law didn't supercede where the alu local law would be better provide more. >> i'm - >> as an employee. >> not better for the bits but the employee. >> somewhere down the road this is complicated that portion and this is the one that fits the most small businesses under 10 and you know they're not going to know. >> right right now on the average office of labor standards office website i don't know if they'll provide the guidance that's what we need to - so we need to understand in

terms of right now when they do sort of an advisory committee comparison not a method to meeting the city and states requirement i think this is an option that businesses needs to know. >> that right now they their side by side is the state accrual method and the city's accrual method does that make sense you look blank but, yes. >> - and we're fine by under 10 we're not and that - i don't want to get i'm just a little grocery store that is where the complication is once you're under 10. >> so i think insuring that you know i don't think that that they have jurisdiction to

determine whether a business should be using the accrual method to the 48 hours because that's a state regulation their jurisdiction is up to the 40 so but, yes this is what we need and hence the request for response and the - of our understanding of combining both laws and how a business will comply with it. >> so does that - >> commissioner yee-riley. >> yes. you send this to the average office of labor standard enforcement. >> we have not actually what's green before you to do get our approval to the commission approval to send it to the

average office of standards and enforcement so it can be agendized as an action item to get our approval and if there's additional questions or additional points that needs to be clarified on the average office of standards and enforcement to forward and send on. >> what are the key differences between the company that has 10 employees less than 10 and more than 10 is it the same method 48 hours to 72 hours. >> the key difference in san francisco which we've which one that businesses with more than 10 employees to follow san francisco's accrual method san francisco requires you accrue more hours up to 72 hours or shouldn't say allow an

individual that allows a business to cap not awe country but to cap the basic sick leave it is the most important. >> no less than; right? must accrue no less than. >> it allows you to cap; right? so if they don't use it and it awe criticize the bang-up to 72 hours hours doesn't cap but if they use and stay under the 72 hours that as the by o ac written definition of accrual and use is there the states says you can cap unused sick leave at 48 hours. >> why wouldn't a company incorporate this into they're paid leave policy and say and

basically rollback they're paid evacuates and incorporate this and say you've got this in the amount of and combine the vacation and sick leave we encourage you to take it if you don't you're not going to get our full vacation. >> once you go ppo you have to cash out. >> now i'm going to give you one weeks paid vacation you're not restricted before you all of a sudden i have to offer an additional 2 weeks in paid sick leave so why wouldn't we change our policy you get 10 days paid vacation and up to 72 hours or 78 hours of paid sick leave. >> more than 10 days it is accrued up to 10 days. >> right the thing is an individual my not accruing crew

up to 72 hours hours. >> i have to figure out. >> i'll have to role play that one. >> i have employees that know that like the back of their hands they use it when they want to take a long vacationed to go over assess this is been a problem with the company they'll hold it gone year and transfer to 72 hours and come to vacation time they want a month and a half off. >> oh. >> okay so your proposing some language. >> so what i'm proposing is that we send our to - our you know our two drafts of how to combine the law the two laws to

osc for verification and response. >> okay. >> and of course if there are still things that you think or after public comment that you know we may not have captured well enough we're still or maybe we made some assumptions from we made assumptions operating from the local law that still maybe a question you can please let me know we'll change that or ask additional questions supplement it with additional questions. >> commissioners questions or comments. >> would it be helpful instead of the paragraph to list the differences. >> well, this is what bryan and i went back and forth with about the difference and i think at the end of the day the business didn't hallway the business

works - the business isn't going to want the difference they want this law do i need to comply with and the state law and the local law to comply with; right? so if you were going to my h.r. department i'll say tell me combine the two of you know take the two of the things i need to comply with and create a policy document it is someway the basis of those two documents so even though san francisco says you can you know do two hour increments and the law says one or two increments it it doesn't matter about the san francisco two hour increments the one or less falsifies the employee so that's the one you need to go by and then your complying with san francisco's law. >> i guess you can submit that but later on we'll develop some

support tool or bullet points to be easier to read and understand. >> i agree with that two hours maybe the same thing on our website we'll have a little more down to architecture for people that don't understand this with the questions or comments it is useful i'll suggest we because might add that to our website. >> that's a good idea. >> i'll - i think in our motion then what is important in the motion you direct the office to develop the questions and answers that are in the binder or come from o l s e from 2007 and at this point with our city attorney our city attorney was

resistant to give a definitive recommendation because of o l s c has not made their recommendation and we should make a recommendation and we really need to wait for them to weigh in we have to the city attorney's office has to give guidance how they're to comply with the law first and foremost our local law but not in any way clvltd that stating; right? so let's go ahead we'll talk about it all day long most of us a don't have businesses with 10 employees we have to digest this this is the area that is the most questionable so i think you guys you and bryan have done our due diligence that's what i recommend we move forward with public comment first. >> i can say if it will help you, we can do i think once we

get a response. >> uh-huh. >> a side by side check list with the understanding yes go with this one. >> if it is so by side or a check list of what to do. >> commissioners. >> let's understand this is a work in progress. >> right any other commissioner comments before public comment you guys here on this one oh, we have public comments maybe angels will sing after you guys going to public comment before we do we're on television for once in a lifetime my son is watch i'll saying hello to reagan and juliet yet so on to public comment. >> (laughter). i should be getting a text saying we saw you we'll have to have them rewind and watch.

>> insurance let me beginning by saying small businesses especially under 10 are about this and one of the things that is very, very disappoint is the average office of labor standards is not here or a prior meeting it is their obligation to come great the commission and explain what they're doing i don't understand how this went into effect july 1st why the rules were not written by july 1st my second comment not talking about the new legislation but understanding by the conversations of small businesses they don't understand the aspect of it is not 5 days i can accrue beyond that period once our sick you can accrue over and days as i read this correct me if i am wrong if

someone goes on the accrual they can accrue up to 38 hours accrual means the same thing in effect you could be required to provide 48 hours e.r. 6 days not 5 days as it is directed fwrshgs if someone has accrued 48 hours and over 6 days they've accrued 6 days and get of days off and then continue to accrue last point and maybe this is not an issue but a question if somebody taxes the guaranteed 3 days and accrues can the city under the state law say you, only accrue up to 48 hours why in the up to 48 hours if that's the state law this is an important issue. >> thank you commissioners putting to get this effort and

reaching out to o lc with clarification thank you. >> thank you, scott ultimately it thas has to be resolved. >> we'll push forward. >> i'm here for the whole everybody or evening not just this piece of legislation. >> (laughter). >> i'll say get a life but it's public. >> (laughter). >> from the small business network i wanted to emphasis the commissioner said go to the website of o m it doesn't give clear guidelines of what is going on if you talk to small businesses under 10 employees most don't have a clue right. >> this is going to make it obviously that much more complicated whatever comes up in an ordinance comes it has to have a requirement for o l to have guidelines and it is not

just would you, please because they've shown they're not going to do it law if it is going to work like it or not everybody has to know what's happening thank you. >> steven. >> we're all in agreement if you can't figure out how to comply there's a problem we'll continue to work diligently and how figuring out and advocating for the osc to advocate with that ordinance especially at will specifically in the realm of less than 10 employees. >> so. >> just if i could quickly add what happened on july 1st, we created a liability exposure for the businesses like big time. >> exactly we have a situation we don't know how to comply but we're at risk interest someone

will figure out how to took advantage continuing of the risk probably on attorney somewhere so we need to help no-knock on attorneys over the course because their smart people but some other lawyers will figure out how to get us out of it any more public comment seeing none, public comment is closed did he we have a motion over and over recommendation. >> i definitely - >> i would definitely motion and i really liked what commissioner yee-riley and commissioner dooley said about listing maybe on our website once we figure out the differences are i mean, i have an h.r. person that is an expert at this and even she's trying to go figure out the new laws something she talked about but we i mean shame on o s l e

for not getting anything out this effects the small businesses in this town i absolutely motion we do this and once we get clarification on our website and suggest they put on their website as well you know a block of how things are. >> can i just add a little bit the recommendations or the clarifications we have just an expedite 10 and under of they don't respond to the whole process but 10 and under is the most urgent. >> surely. >> the 10 and under are flying blind. >> right the 10 and over you're good the city's good. >> 10 and over you default to the state that's the best can say for the employee. >> and so just one last

question to finalize as bryan spent an enormous mauchlts trying to put the two together we can also supplement it with this over this if you think this will be helpful or this is enough to get clarity and based on their response work on a check list. >> i think the work is good just ask you don't have to answer everything but focus on the tenant portion. >> what is required to change san francisco's legislation was this legislation passed at the supervisors level or is this - and yeah. so it will require a requirement. >> a ballet measure. >> fantastic. >> (laughter). all right. before making recommendation as to what we will put in our web

page i submit we should get a response and then we'll come back >> right. >> for this body and decide how to do it. >> i don't know if we know what to say on the website this level we're simply dealing circle with o l s e and not only substantially what we've written but also at a you know level of basically expediting them to resolve this issue and if it can be resolved what if it's not maybe that's not resolveable in which case. >> i think there is resolve. >> right. >> it is and it may continue to being in check with the state to insure that the response they've

provided the office didn't change. >> correct. >> so because i think that we did submit to you a copy of the questions that bryan submitted to the state so the state attorney susan dead on arrival by our question to her about can a business use it twenty-four hours up front allocation be in compliance and will it be - does it matter to them to comply with san francisco if they then do the accrual of up to 40, however, this is dealt with her response if they use the up front their complying e complying with the state so but they could as more questions come up may sort of rise their determination a that's not in public writing either. >> are there any other county

that has this issue or are we the only county. >> would you happen to. >> i don't think so. >> well, the action you need is to paragraph it so you can give an approval to submit. >> that's the general understanding. >> yeah. itself the u an urgency to 10 and under. >> my motion i'm going to skip i like what you said let's wait let's get this into the s l e with an urgency every 10 and under employees for an answer. >> that's the motion right. >> do we have a second. >> okay. >> second do we have a second. >> yes. commissioner yee-riley. >> roefrment. >> commissioner adams. >> commissioner dooley commissioner white. >> commissioner yee-riley commissioner tour-sarkissian and

commissioner white. >> she had to leave early. >> 6 zero. >> okay. >> so be it arrest on to item 78 on to item 7 a legacy business registry survey and project plan. >> a discussion item. >> so commissioners the ordinance for this past sent by september 30th we are to have a registry application process in place unless the board of supervisors directs us otherwise so in communication with the city attorney we need to have the registry in place by september 30th and not wait to see what happens with the ballet measure so i've done an application the other thing we need to do

conduct a survey to legacy businesses and so we've drafted a survey a beginning save of which i have two interns this summer not going day to day to all potential legacy businesses from 3 to 5 thousands but we'll target those in the districts in terms of going door to door but do a mailing to get businesses to do an online survey. >> only to one business first. >> (laughter). >> but maybe conduct surveys. >> will this survey. >> can you fill this ousted online. >> yes. we'll put it out

online commissioner dwight we'll definitely have that there. >> there are this probably is a bosses it capture 90 percent of potential businesses if you are a restaurant your is this and pick the top. >> yeah. we'll look at that and link to - for those that have to do their federal tax filings and with the business registration you're asked to identify that hopefully, they'll have that information on file if not we've creative. >> i recently had to google it. >> i thought what i'll do is i'll just walk you through this is what an overview sort of it is - this document here

somewhat of a half application half point system to begin to start to for you to think about what you're needs are whether our going to be - what i want in terms of the application you know when you receive the applications awhile for final approval again, the process is that the business is nominated by the board of supervisors or the mayor and my- as it is misunderstood that each supervisor will be making their nominations by their district or the mayor will be making his nominees in our meetings with the supervisors they want two ways to deal with the nominations they want our office to be able to take in the applications and

make sure their full and complete and then forward them on to their offices for review and then they'll make nominations back to the - what is to be heard before the commission for final certification or designation as a certified legacy business and want the ability to say to the office of small business certify this is a a legacy business and like for i to getting get them connected with filing out the application it will happen in would both way but a quick walk throughs the business owners name and from the applicant is other than the applicant owner and the business registration number and the secretary cooperation number back if they

have that i've put in here this is volunteer information but not very you know not all businesses will have a brad street rating this is additional information if you think that will be relevant ever useful and then to write in the date if their founded excuse me. founded and headquartered at the current location or if this - the date of founding location and date of headquartered location i may need to clarify that there are businesses in the same location their founded and headquartered location but they may are a headquarter somewhere

else or a business may not have been founded here but move forward and headquartered here. >> so let's take an example your gardell chocolate they have a place on union square but not headquartered in san francisco is there location that's in the city a legacy? does it qualify a legacy business >> to come back we're not asking about the volume of business. >> not idea that the headquarters is no longer in san francisco but this business outlet is here if it met the if it is thirty years old you have to be owned and operated in the city smashgs. >> from the ballet measure

passes that information will be struck under the application the ballots measure removed that criteria by between september 30th and the ballet measure this is part of what the current law to make that a criteria that their founded or a headquartered in san francisco. >> okay. >> so i have the date of the you know their founded or headquartered if it is both one and the same and the reason why later on then that business may get extra points in the fount and headquartered location so then i have the current location information and street address and block address and zoning district i may not

necessarily ask all that information but i kind of went off of some of the historic preservation commission does and again is this location the - i keep saying founded and headquartered location or the founding or the headquartered. >> why ask for the street address why the block address. >> i don't need to. >> and on brad and dunn street that's a credit rating a bit of a scam so - >> all right. i'll agree with that >> pardon. >> never mind. >> i might get an e-mail on that past locates and again, we will

they're not supposed to have moved more than 2 times by the past locations and any of the past locations if we were any of the founding headquartered what have you to understand their history. >> is interest an exception if there was like you know what do you mean something not voluntary and that's an odd gone think about an manufacturing business on the edge of downtown a hundred years ago and got pushed out to market and dog patch and bayview you'll be following the best use of the space for the type of busy e business and still be a legacy business because decrease a notion your manufacturing but selling to manufacturers so your presence is you're still part like the chocolate manufacturer.

>> yep. like the building a that's famous. >> why is it necessary. >> under the current it says the business no break in business operation exceeding two years but so - locations is a way to get to that the business break in two years we could ask i mean, i could ask for the reasons foreign the move. >> uh-huh. >> to provide a little bit of information in terms of displacement, fire, just to get give you a little bit of background. >> i don't think they should be eliminated necessarily. >> right and garments even there's a reason for garments to be the person passed away and it took 3 years to reapprove before the building burned down and 3 years to rebuild it so -

>> i mean we're not here to vet we've benefit through the process they making recommendations about this you know how to perhaps modify the rules but - a refers to the no break in san francisco. >> okay right. >> so no operation at the given location we could safely ask the additional questions regarding their operation in general in san francisco so that two years in that given location seems not to be a requirement okay. >> so well, then we'll do is just ask them to list tare previous location to understand their history and the reasons for having to relocate displacements, fire

yeah. >> and then the sea levels rise. >> the break should have taken placed 0 thirty years but 60 years ago it didn't count accredit true. >> like prohibition. >> there you go. >> of course that didn't stop anybody. >> (laughter). >> since the qualifying number is thirty we are not going to hold them for something that may have happened prior it goes without saying. >> i think they get more points and criteria when they get more points if they've been in business longer. >> so that's something you know again do you want some sort of the waiting criteria that may not be something you

find helpful or we could. >> who's is going to review this. >> (laughter). >> the average office. >> right so the application will come in we will make sure that everything is the application is complete if the business hadn't been nominated - from the business is not nominated by a board of supervisors or the mayor then we'll forward that implemented application to that the entity and they'll review it a make a recommendation back, yes you know in that 3 hundred that the no - well, right now there is no specific number in the volume that currently the commission can handle they will refer back or based on their priorities

refer back and - or send back and say now we'd like have this business i'm going to nominate this business between the small business commission to be part of the legacy business registry so since the final decision is with the - you what is in the application since you're going to be making the final determination the criteria you want to be comfortable with the criteria which our going to be evaluating and make sure that is there for you so i do have - i'm not sure if the break is the break had to be before the thirty years it could have been within i think this is just saying based on the correction i needed no break exceeding two years there

could have been a break if less than thirty years. >> yeah. >> and we're not making a final decision on this tonight since you didn't have a chance to review it. >> question, take it - >> please give me your questions or comments i'll be soliciting it on the 27 i want to finalize this to circulate to the board of supervisors to make sure that this you know their comfortable that it and other entities so then the proposed legacy business the criteria one you know what it was it founded and headquartered and two, 4 and 6 points allocations based on time and i've decided not to do in this situation is if it that

does that make sense not make sense it is headquartered into the same line item but then when was the business headquartered this is a distinction of a business not start here but move forward her a long time; right? again slithering less waiting for those businesses not founded here but founded and headquartered here i can't think of one off the top of my head but they could have starred in east bay. >> i thought of one founded in chicago and moved to san francisco maybe a continuous business but a fourth generation the relatives are running it today and it will be interesting to see if they're continuing in

business or he reduce recollected it they still sell traditional hats in the 20s and 30s but also and uh-huh. >> come off cool baseball cap but, yeah. >> there will be so again do you think that is an appropriate thing to in terms of having some sort of waiting. >> i think we're you know we're really cutting some thin things or lines we don't need to be overly restrictive or splitting hairs it will be interesting to see how many application we're not over designing it we don't know how it will play out yet. >> one difference we should make clear the harvard is a physical notion and not a a legal one in terms of you can be

headquartered legally and not a venue physically or present in the county so you need to kind of you know kind of make that difference. >> a lot of companies are incorporated in delaware and headquartered here business life is one i've not been in business thirty years it's irrelevant or change their venue or corporation. >> in the concept of having the headquartered question regarding the headquarters is to see how much the business is invested in the stay 19 city how many employees in the city and county of san francisco so that is relevant as to how concentrated and invested the company is. >> it maybe call do physical

headquarters. >> physical headquarters that's what we care about. >> right. >> it is - and headquarters. >> legally headquarters is of no relevance because some of the papers will show their headquartered in another venue but nevertheless, do you want to know how many people are in our town that's my take. >> that's a good distinction. >> then through discussions with historic preservation commission and couple of onto the thought was give some sort of distinction in terms of working on the waiting is that the business is located or iconic neighborhoods and it says off the beaten path wrong terminology but a neighborhood commercial corridor. >> dog patch.

>> yeah. >> emerging neighborhoods careful. >> i have a question about that. >> in terms of if you are a san francisco business or an expend period of time and your luke to be in that kind of hip neighborhood iconic neighborhood more points then off the path. >> postindustrial. >> (laughter) >> so is that a neighborhood grading it seems to me. >> it's a little bit arbitrary. >> i'm raising the issue and that's open for decision and thely put that rather than off the beaten paths direct me if this is a directions that's worth keeping in or more

refinement i think sort looking at the findings of the original ready to proceed business it talks about neighborhoods, community, and so those sort of businesses and those in neighborhoods commercial corridors not always but when our talking about neighborhoods and communities you tend to think of neighborhood commercial corridors. >> i think we should allow the business to explain what they contribute a naked eir neighborhood is a neighborhood off or on the beaten paths let's let the business describe how it is part of its physical location because i mean you know dog patch is a neighborhood for that hundred and some years every neighborhood in the city has been a neighborhood not

maybe the popularity of those neighborhoods and we make the composition of those neighborhoods there's been a of late it is fashion able to redefine the neighborhoods and subsidize them around marketing you know we have an ob session it seems subdividing a city in the at the end e.r. ends the company can subscribe why it is why it is for the generations and the neighborhood used to look at this and that's part of narrative i find this overall application it feels very almost restaurant eccentric i that think because it is talking about the physical features the business it it should be left to the business to describe it's attributes make

it a legacy in the city and like i said if it is a manufacturing business that move forward around because that's the city landscape whether they're a meat packing company that's part of their narrative they'll describe whether being you know saying we're going to stay in this neighborhood no matter what or we were able to because we owned our building or guess what real estate prices increased we sold our building and expanded the business in a new neighborhood it give us the capital that's part of the narrative but that's a waited criteria the narrative is more important. >> some of the physical features could be that a

laundromat. >> yeah. >> they needed tile and retained that tile it fades with the identity and have to be more even if you meeting move there might be facade and create a facade that is awe difb. >> you ask the business to describe the attributes whether their product or service-based what are the things that make you unique and how have those - what's the sort of continuity over the ages sorry. >> just in general this application will be more condensed it is almost this is supposed to be kind of celebratory and this application is - yeah. >> line for a loan or something. >> and i've been like following on you yeah, the neighborhood obviously in our accepted and

your supervisors support all of those are in brarnz. >> what's our story basically in the end. >> if you're comfortable with not having you know anymore specific things to be able to make that final determination that's fine with me. >> i am. >> i think we can tell people how to tell that narrative that's- >> i think if i may. >> yeah. >> we ought to have some questions because if we don't we may do a disservice to applicants that may not know how to make that application and right. >> and second basic questions that should be applicable to every single applicant i submit to you, we should are is list of questions and we

ought to let them tell their story but ought to answer and frankly pearl i'd like to know beyond what we give me there are basic questions that i want them to respond to so i don't see any - and this is a good experience in the event that something the future the law passes this is a good foundation for us to move to the next - >> one more question about the neighborhoods legacy business registration law didn't talk about necessarily the neighborhood it talks about the community you can have a business that provides a service to the san francisco community to - >> so i think we should our reasoning i hope we get this

going and gets those applications should start from the contribution and not the neighborhood, of course, it has to be tied to the neighborhood but put the emphasis on the contribution and i agree with our president if we should not be really talking about neighborhoods per say but so that's fine. >> that's not realed itself there are specific questions but you have to ask how long have you been in business how many employees and how are based here to determine the contributions to the community. >> well, i mean i have not put the number of employees that isn't right now the first draft of legislation didn't really. >> didn't contemplate that. >> didn't contemplate but parts of our narrative though and we can certainly ask that i mean,

we asked that in the survey to get an understanding the sdpem graphics in the survey but not the required criteria. >> i've been a proogs lawyer in this office where my father and grandfather and others having had their office for a legacy. >> seems to me we can fold in the criteria 1, 2, 3 in a way that is more like saying please tell us about way feel makes you a legacy business and gives off bullet points. >> for example. >> yeah. >> by not bullet points on getting points would this if they provide i just am more concerned they need to have

suggestions. >> yeah. >> so they'll know what to write. >> maybe to williams points maybe the goal i think this is a good first draft the grossly to simplify this a little bit and maybe take out a few specific items we've mentioned keep the basic criteria but which we can or can't be considered a legacy business basically, it ought to proceed in some such a quasi if you're this wu you can proceeded to the next question if not, we're done here so work through the first 10 questions questions or whatever and now we've value dated you've met the criteria for a legacy business now we'll evaluate of all the legacy

businesses in san francisco do you attribute there's a subjective it is fact and the other is story telling keep it to the facts now we would like to hear our story; right? >> perfect. >> yeah. >> i do think we oust to when we list the criteria to give them an idea of the points they must hit and i like the fact it maybe not the point i don't know about the points and how to grade them but it will help us if we were to raise the questions that are of importance to us for them to address. >> so air force.

>> - >> the eligibility criteria pretty well independence what comes below it i'm wondering whether or not we need to expand what we've already done. >> certainly, if you provide a lot of jobs you may not provide a lot of jobs but make a huge philanthropic donation to the city so there are ways to contribute to the community and i know that we should prompt but prompt the business here's some ways that you might be contribute to the community. >> all right. >> kind of don't forget about those. >> some of the us dignities around the physical features or requiring some kind of documentation is specifically for businesses that are a long

time businesses and if they've not stayed in the family burr been bout by other owners sort of the discussion on tommy's joint the new owners we're not changing anything but the new ordinances have kept the name and the same vibe but changed it not the original place their needs to be some kind of. >> standards. >> standards or you know requirement that over the times especially, if there's multiple chang in ownership they could give an example of the logos over a period of time or pictures but they need to sort tell that story if written or pictures or some kind of supportive documentation so but if you think that you

know your going to i mean obviously a work in process to get a sense of the applications what staff looks at and maybe there's not enough information for us to feel confident about making the donation that certification then we'll take it from there i'll work with our recommendations to simplify there are two things to think about with this this is not the actual application but what needs to be required in the- this is sort of how i started work with this what are the measurable components but go back and ask in the application you know so some of the stuff maybe

condensed but you might parcel it out as you look at it. >> i'm certainly happy to do that for you. >> let's not forget about the process the application is going to come through the board of supervisors and they going to ask you to look at this application say whether it is fulfilling the requirements or directly we'll get applications and it there will be - >> it's going to be. >> right. >> so either way we'll have to have a method of recommending and it will come back to us for con affirmation so in order to make recommendations we have to have guidelines in my opinion we can't rely the staff can't rely on a narrative to make

recommendations. >> i think a lot less than lines because of the volume where we have 3 hundred i mean eventually the numbers will dribble down to be fair to all businesses some strict guidelines but no so many. >> and again, it will really i think it comes down to what benefit does the business want out of this again, i get to the idea that part of this potentially is the ability of funds; right? if a business comes to us and says we don't want anything from you by the sticker on their window it is our best interests to build out the list as soon as possible so many legacy businesses are promoting the fact their legacy businesses to it has some matt

haney; right? i understand anchors is the perfect example what little money they if their luke they'll say cool i want to put the legacy business lowball on the entrance to the brewery and the back of the label >> that's the whole point. >> this is san francisco. >> right. >> 0 so this vest process we're laboring over right now is reilly going to apply to the subset that'll they're looking for financial assistance and so it ain't going to be easy oh, i heard this was money intoxicate had they're here to shake the tree they're here because they want fund we want not only to appeal to those in trouble but

anyone that wants to celebrate their this legacy business and that's where i think you know some of the money ought to be spent coming up with a nice you know door to door prengs presentation and the fact. >> i have a question for director we had a lot of discussion do you think you have enough to go back and rice e rise the application. >> the key thing you're not interested in having some kind of you know waiting or muttered metric in terms of you know in terms of how the application you know any kind of scoring or waiting it really i think you're wanting to give a list of guidance so i'm com back to you

what is the list of guidelines and then from there that will be you know maybe there's a little bit more information we add so someone says off i'm. >> culturally competent business and in this cultural area then they need to sort of you know describe how their business fits that what is the language we use around that. >> you don't need the waiting hey, i'm star legacy business i'm a had star legacy business. >> asian-american - >> i didn't want to interpret it a four or five star but more to give a little bit of assurance that all the components are there but if you feel like you don't need that that is completely fine. >> and like regina said if we have issues. >> we have a lot of discussion

maybe you have enough to come up with a revised one for us to look at it so that will speed up a little bit. >> maybe we should go home and study that i'm going to wait for the revised one. >> this is enough of the you don't like this direction so laura (laughter) so which is fine because really you know you'll be making the final decision i'm here to help you get to that place. >> okay. >> so if you can revise it and send it out before the next meeting so if we have additional comments by the next meeting we'll be ready for approval. >> perfect. >> and then one thing i did

leave off that based on the fact it says that the business has operated in one location or wait businesses contributed to the identity of particular neighborhoods or communities there are as i'm looking through the business registration certain entities that are required to register with the city we require it property owners who have apartment buildings and things of that nature so i think i will need to have - we'll need some discussion in terms of the types of entities fit into the program as to what those constitute services and neighborhood businesses or. >> an apartment complex?

>> yeah. so you know. >> sorry about that that one. >> so i'll get that one to you based on some of the intent of the legislation i am making i'm doing some filtering especially, when we contact for the surveys i'm doing many filtering i will - we'll need to review that. >> would you sends out the surveys first before the clarification. >> we'll not be send an application. >> okay. >> the application will be either the business approaches our office and we will say here's the application and then once they've implemented the application staff will make the determination that is implemented the application to the degree it is needed if that business is not forwarded to the office by the supervisor or the mayor we'll

forward it on to the mayor or supervisor. >> when do you plan on sending out the survey. >> i'd like to get it out within two weeks from now at the latest. >> we will have a better idea what we're looking at for . >> right because of wanting to do- i won'table to contact all legacy businesses even with mailing to them i'm doing some presort of. >> that make sense. >> okay. >> let's wrap up. >> yeah. >> there's the survey and we will - we will be building the survey online if there's anything i think is missing from the data and information you may want to see from the survey then let me know. >> okay. >> by thursday. >> okay.

>> all right. any others comments on this so item 7 is dispatched. >> okay. we have what. >> public comment. >> oh, public comment sorry about that. >> do we have public comment on this item. >> i thought you were here just to watch us. >> (laughter). >> yes. >> (inaudible) read giraffe have a house a place call terry tennis chicken place on polk street it is the third generation people over 50s and now in the produce market so it is all kinds of businesses i

mean regina brought what about the property owners you can make a case of park merced it is a big impact on their area that's not a neighborhood i don't know if they should be included and this is the small business commission i think i've heard a number of employees i think it handbag a more equalize percentage of employees in san francisco so brownies could be competing with is it fair to say hotel 50 times for employees as well as in the city so where's the gap in all this how about breaks in our business 1906 earthquake caused a break

in my business and others those are some things to conditioner. >> not to muscled that up too much i have a list of all businesses that were here at the 1906 san francisco earthquake and before. >> excellent. >> uber legacy businesses. >> all right. awesome any other any public comment. >> seeing none, public comment is closed no ghosts of legacy past okay 0 moving on to the next item we have reports brief it it's getting late. >> commissioner in our binders we've provided you a list ever pending legislation that will be coming before you days have not been scheduled yet for all of them i think the one i want to hostile highlight the most is the last one on the first page is the building may or may not

disability act improvements so supervisor tang introduced this last tuesday and this is legislation that came out of the work from our office those it has been developed so i'm pleased and very excited that the doishgs or direction of supervisor tang has taken the legislation it will be mandating the industry ways come into compliance or a means of documenting if it is not possible so you will be hearing it, it is exist we're doing it on the 25th anniversary of the ada and we are the first municipality in the nation to think in a comprehensive manner to help small businesses but insure we're