guess to construct the -- there is $820,000 to construct the physical structure of the restroom, is that what it is? >> correct, that's the construction contract amount. >> commissioner anderson: and then soft costs? what are soft costs? >> soft costs include my time on the project, permitting, construction management, the architectural and engineering fees. there are all the utilities drawings. that kind of thing. >> commissioner anderson: have those fully been expended yet? >> not all of them. we do have still a soft cost reserve that we are hopefully we won't need to expend that. >> commissioner anderson: i thought it might be interesting to let people know it's really expensive to build anything in the city. and right now, the price tag for this bathroom is $1.7 million. i'm flabbergasted by that. and not because i don't believe in the great value that we get.

i know we get great value, but you know, there is no reporters here, but man, if i were a reporter i'd be asking a question about why is a bathroom $1.7 million and that's the reality we deal with in rec and park and any other department. i'm amenable to moving forward on the project so it doesn't get to be more. >> commissioner harrison: yeah, the project is great. and i would normally support it, but because of the prefabricated restroom, i will be unable to support this. for a lot of reasons. but anyway, just want to put that out there. >> commissioner mcdonnell: quickly, another math question. i'm in full support. i look forward to moving forward with the project. the opening paragraph and it's repeated elsewhere says, to increase the change order, the

change order amount allowed from 141 to $1.2 million, the change order amount isn't 141 to $1.2 million, the change order is 141 to 244, something like that, so the language is inaccurate. >> right. but this is typically how we word the contract increases, but you're right, it's not a -- we want to issue a change order in that amount, not to have that amount outstanding for future changes. we want to execute the swings and the playground setting and the bathroom. >> i understand. >> commissioner bonilla: i, too, am flabbergasted by the cost. but i will support it because i do not want the community subjected to the alternative, which would be what we've seen

today. i just can't fathom having a park and continuing to operate it with these porta-potties. that would be just unlivable. so we have to -- i agree with commissioner anderson, that we have to find ways to avoid these costs. especially since any time that it's a project -- a project is brought forward to build more -- construct more bathrooms, looking at the foreseeable future, i don't see how we would ever -- i mean how we would be

able to continue to create these opportunities for new restroom facilities at these costs at least. >> president buell: thank you. >> commissioner mcdonnell: i'm not flabbergasted by the cost. because i keep it in context. right? that context is if we looked at any of our construction projects, just three, four, five years ago, these costs would not be the same. not just for bathrooms, but for all other elements of a construction project. so is it a big number? yes. do i wish it were smaller? yes. we're getting ready to go, as we all know for the voters for another bond measure. and an unfortunate reality, no matter how large we're able to get that bond to become, it will be woefully insufficient because of the enormity of costs doing these projects and doing them well. i mean i'm not flabbergasted. it's the cost of doing business.

and it's unfortunate, but it is what it is. thank you. >> president buell: general manager ginsburg. >> general mgr. ginsburg: a couple of interesting facts. actually, this is not close to the most expensive restroom. >> we know. >> general mgr. ginsburg: that was in district 4, where we did one from the ground up. what is interesting about the project worth note, is where a lot of the costs, is all the trenching, the facility itself is actually not expensive. it is all of the trenching and undergrounding that needs to happen to correct the restroom it our plumbing and electrical lines outside the park. >> president buell: thank you very much. the chair would entertain a motion. >> move for approval. >> president buell: moved and seconded. we may want to call the roll on this one.

buell aye aye. mcdonnell. 4-1, the ayes have it, thank you very much. we're on item 9, recreation and park department equity analysis and metrics fiscal year 19. >> power point.

good afternoon, commissioners. taylor emerson. manager of strategic planning under the finance administration here for the fourth year in a row to present the equity analysis and the set of metrics with fy19 data. i think all of you have heard it before, but i find it important to return to the charter why we're here, what the direction is from proposition b, which became part of the charter in june 2016. i really like this one. i'm going to read the first paragraph. the department embraces socioeconomic and geographic equity as a guiding principle. and commits to expending funds across its open space and recreational program to provide park and recreational access to all of san francisco's diverse

neighborhoods and communities. it sets forth then that we should develop a set of metrics and method for comparing low-income neighborhoods and the resources they have compared to the city as a whole. and then directs us to include the equity analysis in the strategic plan, the capital expenditure plan and the operational plan. all of which are coming to you in sequence. as you may recall, the method we've adopted starts with data in the screen, which is a tool developed by cal epa as part of our state's cap-and-trade program that had to define disadvantaged. the data is open source. and it's currently used by many jurisdictions across the state to inform resource allocation decisions. the state has collected data on lots of population characteristics, by census, including data that their own

methodology does not use. and provided it all for everyone to use. two of the characteristics that we've adopted that the state does not use in defining disadvantage in san francisco with regard to park and recreation access, are age. since youth and seniors are some of our biggest customers. and we've added a factor for nonwhite residents in recognition of the long-term and systemic disadvantage suffered by nonwhite people. this data on these 10 characteristics are equally rated. and in our methodology they -- the rate or the frequency of these characteristics is accumulated and additive. and we extract all of the census tracked information in san francisco only, with i allow -- which allows a comparison of disadvantaged communities compared to the city as a whole.

when we do that, this is how the map of san francisco looks. the threshold is set at the highest 20%. meaning the highest frequency of the combined disadvantaged characteristics. and in total, these are designated as equity zones. with this myalgic encephalomyelitis snoosh /* dsh -- with this imaginary line, we're able to compare the services there compared to the city as a whole. that's our methodology. it hasn't changed. although it has evolved. and this is a set of metrics. it's impossible to read on the screen. so i did -- >> president buell: we have it on our screen.

>> does anybody want a -- okay, you have it. and this set of metrics is a tool for measuring ourselves, for measuring how we've allocated our resources in the past year. in the past, i've read every number, but i think that we're getting used to seeing this. i did want to start with just park access, with the growing population, our acquisitions, just about you know try to keep up. and those numbers are probably stagnate for a good long time. but with every other metric, every other metric has moved to the good. each one has improved in the four years that we've been doing this. which is partly the effect of measuring, because when you measure, you communicate what is important. and this is important to us. and staff and our -- with the leadership of our general

manager and extensive training and effort by many individuals across the department, we have truly, sincerely made this kind of thinking part of what we do. it's part of our day-to-day. i want to look at volunteer resources, which has crept up just a little bit each year, because they have intentionally, with attention and focus, you know, each of them has a list of the equity zone parks at their desk. i've been there out by the new office by the windmill. and when there is discretion about where to send a volunteer group, they choose someplace from the list. and it shows. it started off at 22 and has now moved to 28%. so just a little bit, but every little bit helps. my prior presentations have ended here mostly. but this year i want to go a

little farther even though i'm the last item on a long day i know you've had, because sometimes there is perception this is all we do. that the measuring is all we do. and that is not at all the case. so i want to just take you through a little more about the work across the department that we're doing to move toward more equity. in your packets, i attached what a call an inventory. i can tell you already, it's not complete. it's an idea of some of the other programs we're doing. i'm going to highlight some of them here. we're increasingly using a paradigm of internal and external equity. internal is the way we are with each other, the hiring, the recruiting. we moved to de -- identification where not only the name and the address is removed, but where they went to school, to try to reduce opportunities for the

implicit biases to play into a decision. we have dramatically expanded access to professional development, learning opportunities, through our new r.p.d. portal, which is a learning portal that highlights all of the opportunities for learning not only more about your classification, or your live work, but others. in order to. because when one person -- when each of us is stronger, the organization is stronger and we encourage learning more and more in our culture. we go so far beyond the charter mandate in lots of ways. and externally, it would be hard to even list it. going back to our mission statement, which doesn't use the word equity but does say, you know, we do all of this for the well-being of everyone in our diverse community and those values are held deeply by our

staff. another hard chart to read, but i'm harkening the concept here. our h.r. department has developed h.r. dash boards, which are -- which this particular one shows racial demographics of our labor market in purple, with the racial demographics of our staff shown in green. we have this is the department-wide graphic. but we can also do this by division. and so you know, if there is an opening in capital, you know, we can show folks, here's what you have right now and this is where you may -- you'll want to consider increasing your diversity. we also have this for age, gender, and geographic

distribution. so this new tool really allows us to quickly and easily see where we are with regard to the market. we've done lots of other great things internally. dice which is our own internal staff. it's pay time, but people who volunteer to participate and they produced eight equity workshops last year. which were attended by more than 200 unique staff members. and it was a great success. we were going to start up the next one in fy20 in november. we're going to start inviting the commission, by the way [laughter]. yes. oh, h.r. in response to some of the things, part of the equity learning for me has been listening. one of the ways we've increased

listening with staff is to we have an annual employee survey about training and tools and one of the requests was to learn more basics about civil service. training open to entry-level custodians about how to take a civil service test. they offered it once. 40 people showed up. there was a wait list and they offered it again. this is about equity of opportunity within our staff. and i'm really proud of what they've done. we began to use the equity tool kit to evaluate budget decisions, which it's a practice, way of thinking about, all right, there is a proposal, who will this benefit? who will be hurt by the proposal? are there mitigations for that form of hurt? and it's a complex tool and we just started to united statse ir

and we look forward to embracing it in the coming budget. these are just a few examples. externally, i love this photo of the new basketball courts. and resurfacing basketball courts across equity zones has been a priority over the last few years. and not always bringing paint and regular lines. we've also changed our scholarship outreach -- >> this basketball court, the mural was actually designed by western edition muralist. >> another example, yeah. i just love it. i put this as my screen safer on my computer. we're changing -- we're adding focus to our scholarship outreach. i know you've heard us say

before, we prioritized deferred maintenance. all the t.m.a. in the work order system, all equity zone parks are coded, so that the supervisors and managers who are assigned in the queues for the workload that day can give priority to equity zone parks. and i want to stop right there and say, part of equity work for me, i was raised in a budget world, where we're taught to think if we take money away from one thing, we give it to somebody else and there is a winner and a loser. what i learned is that is not necessarily true. i think the evidence for that is that our overall park scores have continued to go up. and we've brought the bottom up. so these things can be true at the same time, that we are prioritizing equity, but not sacrificing serving everyone. we have a strategic plan commitment to improve and activate one mini park within an

equity zone each year. by the yard, their own skills and inventiveness have done this. i hope you drive by blue phelps and see the simple, yet profound transformation. i don't know if i'm breaking the big news, but we got $2 million in the budget this year to develop a program called rec spark which will bring free, dynamic and culturally recreation to youth in public housing. we're going to bring recreation to them with the hopes of kind of getting them to come to maybe a drop-in program at the nearest rec center and then participate in structured recreation with a scholarship. one more.

i don't usually include pictures of our general manager in the presentation, but that is so cute. and this is an awesome program. i appreciate the time that he gives to coaching it, and to fundraising. bayview united soccer team, which is an example of a personal effort to bring more equity to our world. and this is the kind of thing that we're trying to encourage across the department. >> president buell: is he really cute? [laughter] >> smiling anyway. finally, i know you've heard about the india basin project. and the equitable development plan that is part and parcel of this very important project. and i think the heart of it is thinking about how to make this

significant investment and improvement for the benefit of current residents and future residents. that's some of the things we're doing. but there is lots of work across the city. i attached in your packet, the legislation authorizing a new office of racial equity. which will be housed within the human rights commission. which will take city-wide leadership on these complex issues. and we look forward to getting their examples of a racial equity action plan and then submitting our own by december 21, 2020, which we'll bring to you before that. i'm going to close with this. which is another example of an individual in the recreation staff who was running summer

camps and who found this graphic and laminated signs and put them up at all the single-stall bathrooms in rec centers across the system. and you know, to try to bring a little bit more equity to, you know, for most people, is not a big deal, the bathroom, but for some kids it can be a really charged environment. this was a moment of trying to make those kids feel more welcome in our facility. thank you so much. >> president buell: good presentation, thank you. >> commissioner harrison: thank you for your work. this is great. if we could go back to the equity metrics for the fiscal year, that schedule, and go down to kids in nature. at the end, for city-wide, that 3100, is that 3100 kids under 18 signed up for the various programs? >> yes.

>> commissioner harrison: does that mean there is that many kids or they signed up for two different things? more than one program? >> actually, good question. you caught me there. that is not unique registrations, that's just all registrations. so it could be somebody took kayaking, thought it was awesome and decided do the fishing trip, too. >> commissioner harrison: there is not 3100 kids in san francisco under 18. >> oh, there are, but not in our programs. >> under 18, significantly more. >> really? i'd like this know -- >> there are 57,000 kids in the san francisco unified school district. >> thank you. i've had this argument with my son. >> still too few. if the number is direct, you -- i think 84,000 to school aged kids living in the city, but it's still less than 10%. >> still have a lot of work to do to get the rest of them in.

>> commissioner mcdonnell: i always appreciate when you come. >> thank you. >> commissioner mcdonnell: i just want to say thank you for leading the work. i particularly appreciate your transparency around your own evolution in this space. and certainly appreciate the department's commitment to this kind of focus and rigor and prioritization of this, thank you. >> thank you, commissioner. i'm a humble student. thank you. >> president buell: this information only? this is an action item. sorry. >> there are no members of the public. >> commissioner bonilla: when we first established these metrics, many years ago, about how many years ago was that? >> about four years ago. >> commissioner bonilla: four

years ago. i really -- i was doubtful. i had some doubt as to looking at the resources we had in the city, and how diverse the population is and looking at all the due diligence that would be required to really uphold the standards that we were setting. i really was doubtful as to how far we would come to really addressing some of the issues in terms of how accessibility to all our venues and so on by all the diverse communities. i just want to say, i think

we've in such a short time, i think we've just gone -- we've made quantum leaps as far as i'm concerned in the work that has been done. and i think what this stems from is that since we established the metrics. every action item we've taken on new projects, the venues, anything to do with work being done at the department level, it seems to me that you have always framed our discussion around this whole notion of metrics. and i think that is -- i think

it's been critical that you've done this at every turn. i mean, everything we've done. and i think -- i think that speaks to your -- to the department's commitment to really -- i mean, when we establish these metrics, to really work within that framework and to do all the hard work, you know, that needed to get done. and i think you -- the department has to be absolutely commended for doing this due diligence. and the reason this is -- this has made such an impression on me is because i'm involved in other departments, the work that i do, such as the department on aging, and i have seen how they have dealt with establishing their metrics and following

them. and i really -- i don't want to be critical, but i really have to say that they have -- i mean, they are so far behind in terms of realizing any of the goals that were established for some of these departments. so i think we're all to be commended for giving all of this work done and i'm so appreciative. thank you. >> president buell: thank you. >> general mgr. ginsburg: i wanted to thank taylor. this has truly -- as she has said, it's become embedded in the organization and a lot of that is because of the values that this commission expressions day in and day out. but operationalizing this, measuring it, tracking it, you know, doing the reminders, and,

commissioner, it seems like you're talking about not just our equity metrics, but our strategic planning and equity is embedded in the strategic planning. for every initiative we mark or highlight the initiative so that the entire organization knows -- and the public knows the specific ways the things that we are doing that are focused on equity. but there is a saying in parks that is very apt. the saying is, if you don't count, you don't count. and so that's why the measurement piece of this is actually -- that's not the thing. the thing is the work. but the measurement is important and taylor really is our quarterback and chief administrative officer and whatever title -- the best title for her, she's our heart, head and soul on this endeavor and i'm grateful for her work on

this. >> president buell: thank you. seeing no public comment, chair would entertain a motion to approve the equity metrics. moved and seconded. all those in favor? so moved. thank you very much. >> item 10, general public comment. any public comment? seeing none, public comment is closed. item 11, commission matters. >> commissions don't matter. >> clerk: any public comment? seeing none, public comment is closed. item 12, new business, agenda setting. >> can we give richard a category of his own? >> okay. we're on item 13, communications any public comment, seeing none, public comment is closed. item 14, adjournment. >> moved and seconded. so moved. thank you very much. .

>> good afternoon. welcome to lutc of the san

francisco board of supervisors for today monday, october 21, 2019. i am the chair of the committee. join to my left by committee member, supervisor matt haney soon to be joined by vice chair supervisor, there he is, safai and we are joined by supervisor brown and stefani will be joining us. our clerk is most major. you have any announcements? >> be sure to sign all cell phones and electronic devices. any documents to be included as part of the file should be submitted to the clerk. items will appear on the octobef supervisors agenda unless otherwise stated. >> thank you. could you please read the first item. item one, 190810. ordinance amending the administrative code and public works code to require that any resolution approving a

jurisdictional transfer of real property (a transfer of the authority over city-owned real property between city departments) be recorded in the office of the recorder together with a legal description and map of the real property; to require that any petition to the board of supervisors for a street vacation include a legal description and county surveyor-approved map, and that the clerk of the board record in the office of the recorder a copy of the adopted ordinance together with the legal description and map; and affirming the planning department's determination under the california environmental quality act. >> this is a piece of earth shattering legislation that i have brought to the board of supervisors to deal with an unknown, actually problematic issue wherein city departments transfer land between themselv themselves, and really have not had a process for properly recording those jurisdictional transfers. this legislation is aimed at fixing that problem by requiring the departments to actually record these at the recorder's office as private property

transactions. also do. it our county surveyor, mr. stores here? i think i made one little mistake in this legislation, which i will fix. subject to public comment on page two, by removing items 11 and 12. the fact that a title policy description would be sufficient and i believe to anything, a legal description that is approved by the county surveyor and you, if you would like to give us a brief description about this legislation. the floor is yours. >> i am not super familiar with this other than what has been forwarded to me. a lot of times when there is a

jurisdictional transfer, it is not uncommon for the details, of the process, to get lost in the shuffle and years later, through not any specific faults, there is a clear understanding of who the property really belongs to, even though it is all city property. whether he got separated, whether went to the fire department, and having approved legal description in some sort of map that is recorded will greatly facilitate adding clarity to this entire process. you will get get a assessors parcel numbers, all kind of indexing that doesn't currently exist. i professionally think it is a very good idea. >> all right. any questions from colleagues? are there any members of the public who would like, number

one, earth shattering legislation? please come on up. it will actually make the world a better place. seeing no public comment. public comment is closed. colleagues, as i would like to come on page two lines 11 and 12 remove the words "either the legal description in the insurance title policy for the real property, or". the verified legal description is a legal description approved by the county surveyor and you just saw him. that is language that is acceptable to the department of public works. i would like to move that amendment. can we take that amendment without objection? it shall be. can we forward this item, as amended, with recommendation to the full board without objecti objection? that will be the order. adam clarke can you read the next item? > item two, 190839. ordinance amending the planning code to allow a grocery store use that is a formula retail use

in the fulton street grocery store special use district on fulton street between laguna and octavia streets, subject to conditional use authorization, and adding criteria for such authorization; clarify the definition of a grocery store use within the district; eliminate square footage requirements for commercial uses in the district other than a grocery store and for subsequent uses in a location previously approved for a grocery store; extend the time period for effectiveness of controls for the district to five years from the effective date of the ordinance; and making environmental findings, findings of consistency with the general plan, and the eight priority policies of planning code, section 101.1, and findings of public necessity, convenience, and welfare under planning code, section 302. >> we are joined by supervisor brown, on this issue. a supervisor brown, the floor is yours. 1020 thank you. i am here to present -- -- >> inc. you, i'm here to -- thank you. the fulton street grocery store special use district. this is 555 fulton at laguna. i would like to acknowledge the representatives of the property to veltman at 555 fulton. as well as the potential grocer trader joe's is in the audit -- audience. i would like to cement to the record that i have over of

community support for this grocery store. these letters are in full support for trader joe's coming into the neighborhood. our community members in the western district have been working for years to get a full service, affordable, fresh grocery store. actually i have an ad add from 1881 that is actually, i think it's on the overhead. this is an add actually looking for a grocery store at this location from 1881. a kind of shows you it has been a long haul for this neighborhood looking for an affordable grocery store. personally, i've spent about seven years as legislative aide then as supervisor trying to bring a full service grocery

store 2555 fulton. the process started when mayor reed was a supervisor. it has been a real stronger -- struggle to find someone to fill up the space and keep prices affordable to the community. the developer reached out to a number of local boutique grocers. many of these owners decline opportunity due to their high price point for groceries. they had to look for larger companies. when i was legislative aide, we came very close to having the portland based new seasons come into this space which would have been great. the company pulled out of the bay area expansion entirely. it's been several years since the new season deal fell through and the neighborhood still does not have a full service grocery store. now there is finally light at the end of the tunnel. we've had interested tenant, trader joe's, they have signed a lease.

however, this is not a done deal. they are still in the process of due diligence and exploring the viability of opening a store in this location. as many of you know, hayes valley has a formula retail band. legislatively i need to make a special exemption to allow a formula retail grocery store to come into hayes valley. this exemption only applies to this potential grocery store. if this legislation passes the retailer will still have to go through conditional use authorization process which will include time to discuss and address community concerns. it is not an open door. just to be clear, the formula retail band in hayes valley will be intact. the legislation does not allow certain uses. it doesn't allow medical cannabis dispensaries, hospitals, nonprofit administrative services or office space.

it does allow general retail sales and services, pharmacy, hardware stores and et cetera. we also know the property developer has out reached to over 89 formula businesses to potentially occupy the two other rental spaces with the development. securing a major tenant, like trader joe's, will assist in this process. further, under my ordinance, the potential retailer is subject to affordability requirements to make sure the western addition in hayes valley have access to fresh, affordable, and healthy food. this is an incredibly important as the median income just north of fulton street is $24,000 per year. over one third of the residents live below the poverty line. the nearby development center hayes valley,, frederick d haynes, lauren miller, benefit homes, a ballpark.

serving low income african-americans and asian-pacific islander tenants. options of this neighborhood are too expensive, don't accept ebt, or they have a terrible reputation for the quality of freshness of their food, lack of local hiring or treating the community members poorly, or actually profiling them. it is a real problem, and we desperately need to address this. our residents really deserve better. now we have a viable option. this is actually the only first step if this legislation passes. then trader joe's was to have to go through a conditional use authorization and entitlement process. i want to stress that we want to see strong community benefits

connected to this location. i support local hire and i am working with the proposed tenant to secure commitment that they will hire locally. from the start i have stressed that the developer and the potential grocery tenant must work with the community. the ordinance today has a strong potential to delay or derail a project that will bring low-cost affordable food to a community that has been waiting, as we know, since 1881 for a grocery store in their neighborhood. further, and he said measures will need to be vetted by a traffic engineer. my preference is to maintain the flexibility and to adjust the conditions as they change, or evolve. we want to avoid a huge gaping vacancy on fulton, and bring a

good affordable option to the neighborhood. trader joe's has been in san francisco for 25 years and has shown to be a good neighbor, in different parts of the city. we will 100% press upon them to do the same in this neighborhood. the market research shows that local residents tend to shop at convenience stores and full service grocery stores for their needs. we can sustain our smaller markets and take care of our full service grocery shopping. in closing, i want the western addition in hayes valley to thrive, and finally provide relief in a food desert. i will continue to work hard to support our diverse businesses and food security needs of our district residence. i would like to call up veronica florez for comment. and then we can have public comment.

>> thank you, supervisor brown. good afternoon, supervisors. veronica florez, planning department staff. the item before you today was heard by last week. during which time they voted unanimously to approve the ordinance with modifications.

>> don't go away. first, let me start with, not trying to be argumentative. insofar as i believe staffs recommendation to the

commission, the commissions' augmentation to the board was to eliminate subsection e. you have a clerical change. i assume the only reason you recommended that clerical change was if this body disagreed. in which case we should fix the file numbers, is that correct? >> that is correct. >> okay. it was not a part of the staffs did not bring this up, but on page three at the first line. there is a phrase that i don't think is supported by any evidence should be a finding, and doesn't belong in the body of an ordinance, or at least in my opinion which is not a non- formula retail grocery store may be less affordable. why did staff not recommend to the commission that this language be removed? i don't think there is any body

of evidence, i think there's a body of evidence to the contrary grade any comment on that? >> with respect to the non- formula retail grocery stores being less affordable. that is coming from data showing that formula retail grocery stores are able to purchase inventory and supplies in bulk. from there they are able to share that cost savings onto. >> do you want to cite any data? is this just a general theory if you buy in bulk, the stuff is cheaper? i mean, whole foods buys in bu bulk, i don't think anybody would argue here that they are cheaper. >> i don't have an exhaust -- exact source for you here today. >> i will resourcefully recommend to the maker of the ordinance that that language be removed. thank you for that.

and then to the maker of the ordinance, i assume the periodic recording requirement and the sunset provision were really based on a notion that if a successor in interest no longer complied with all of the thing things -- i take at face value that since the late 1800s until the current day there has not been a real serving grocery store in this part of the city. a motion of ongoing enforceability. the planning department and commission recommendation, notwithstanding, i am not sure why these things have come out. i actually think it's not the worst thing in the world to have a legal nonconforming use. i don't think it is a bad thing

if the city has the means to say that when trader joe's sold it to, making this up, whole foods and whole foods did not comply with the underpinnings of rhe conditional use findings that there is an ability for the city to enforce. i think that is presumably why the maker of the ordinance put them in in the first place. i see mr. store wants to come up. supervisor brown, if you want to take a crack at that. i was not down with staff, and the commission's recommendatio recommendations, but my mind is somewhat open. >> i mean, when we were looking at this it was definitely looking at if one grocery store went out that we would still have that control that there would be unaffordable grocery store that would have to come in. the thing we are worried about though if a grocery store went out we would have years of an

empty space. that was the battle back and forth of, you know, if we, you know, if we don't do this week could have an empty space for years and years to come. but, i actually have some amendments that i am going to put forward. i am actually removing, you know, i wanted to remove the periodic reporting requirements. you know, if a new grocery sto store, they need to provide the affordability information at the time of their application revi review. that is how we were looking at it. >> a conditional use runs with the land. i am sure mr. starr will weigh in -- and, by the way, i belie

believe, i'll i am not a lawyer and we can defer to counsel. conditional use can be granted for a. of time. alternatively if an owner of a conditional use does not adhere to the terms of the conditional use the city can enforce, because those conditions are not being met. my fear is here is despite trader joe's 25 year history in san francisco that they have a change in their business model, or they convey it to -- who does not meet all of the affordability criteria that needs to be approved under this conditional use regimen. basically the changes, with all due respect that staff on the basically mean that the city has

no ability to enforce. i am down with this legislation, or he would not be on this calendar as the chair of this committee. the sunset or alternatively, have a conditional use expire after a. of years and they've got to go back in and prove that they are doing all of the affordability. this is a site specific zoning for a particular company at a particular place. by the way, i do have to say i generally like it when i spend my weekend and i read this, and it actually says, trader joe's, at this location. it doesn't say that anywhere in the file. just as a matter of transparency which is now transparent and supervisor brown brought that up. that should be in the paperwork that the public gets to read. mr. starr? >> thank you.

regarding the conditional use authorization. as you said, if they are not in compliance, staff can take them to the planning commission and have their conditional use authorization revoked. >> how many times has that happened in the last ten years? >> i would have to check the record. >> can you count them on one hand? >> i don't know how many times that has happened. we do have the ability to enforce the conditional use approval. if trader joe's went out of business, or was bought by another company whole foods has more locations than trader joe's, maybe not, i don't know. any formula retail that has more locations than the existing would be considered an intensification so they have to come back for approval. when that new storm moved in they would have to show that they meet all of the findings,, in the conditional use. staff felt there was enough and

there that we could've forced upon the affordability requirement without having them do a yearly report to us. >> i'm not stepping on the reporting requirement. i am stepping on the sunset. >> the sunset is not so much being a legal nonconforming use, we have a lot of those. if trader joe's goes out of business and another company wants to come in, that we have to do this whole ordinance again. they want an affordable grocery store there. we felt it was prudent to keep the ordinance they are, so if it went out of business, we wouldn't have to come in and create a new planning code. >> i am down with the supervisor brown's ordinance. i'm just worried about the future. supervisor brown originally introduced a, i can live without the reporting requirement.

it's worth checking in five years to see how it is working. i think that gives the community a chance to come in and say everything is beautiful. it keeps trader joe's. i think the way supervisor brown drafted this was the right way to go. i'm not inclined to take that recommendation of staff, and the commission. this is one member of a three-member panel. for what it is worth. >> supervisor safai? >> are you referring to page s six? >> that is correct. i believe that in. >> they are saying strike that? >> yes, sir. >> why? >> because they do not want to create a legal nonconforming u use. as mr. starr said, there are a

lot of legal nonconforming uses. it is kind of a no harm, no foul. come back in five years and let the community seeing trader joe's or their successors praises, and god bless. supervisor brown? >> i just want to make sure that we can secure affordable grocery store for over five years. when i talk to planning and let's save trader joe's leaves. my biggest fear is having to go through this process again. this process has taken us seven years respectfully, supervisor. i know you have two trader joe's in your district, right? i have zero. i just feel that i don't want to be in a position where it takes seven years to get another grocery store in this space. when planning said that to me we

would have to redo this ordinance. i get that. >> we have a representative here from trader joe's, sir, or ma' ma'am, we please come up? -- will you please come up? sorry to put you on the spot. what is your name? >> daryl hollis. >> let me ask you a question, insofar as presumably the original ordinance that supervisor brown introduced was enough to entice you, and thank you, and, i mean, that sincerely to come to this location. insofar as the ordinance as originally introduced would in no way harm you if you undo business there for 100 years. can you live with the ordinance as originally introduced? it is a yes or no question? >> yes. 1020 thank you. -- >> thank you.

all right, is there any public comment on item number two? seeing no public comment. so -- supervisor brown, i think we just heard, and i hear what the public policy trade-off is, and i do have to say, as a supervisor who has had two trader joe's, one on bay street at mason, and one on california street both of which i have been known to shop at and they have been great tenants and great community participants. i hope that they stay there forever. i think the public policy trade-off is a trade-off between a fear of a future vacancy