>> right. >> whether or not they go through the cu process? >> right. >> so there is still a chance they will go through? >> right. >> so i support that. >> all right, next item should locations of subsidiaries major-owned under the current definition be included in the calculation? >> it's similar to the first one. subsidiary of the gap. they didn't have to go through the cu because they were a subsidiary? >> correct. >> so to me that would go along with no. 1. >> it's related. >> may i respond to commissioner dooley's the financial ability of companies representing these properties this is something that we're seeing a shift in people's concerns. i think it used to be the aesthetic impact, which our current drafting, but shifting to where the finances are coming from and what the backing and power that these companies have? so we can't really make these businesses happen. what we can do is prohibit other businesses to try to encourage something else. what we are hearing from developers, especially as people are more interested in redeveloping

existing code jet the report says corporations choose san francisco that's great they can go through the cu process and the report says 75 percent of formula retail applications have been approved and i quote formula retailers are more linkage to submit applications in neighborhoods where they anticipate a positive rmgs by the community and so the change will have a small effect on businesses that are formula retail already but could impact the conditional use that are approved 75 percent of the time why should they get on exemption let's not forget that comes as an impact to our community spending by the formula retails have more spending and that economic disparity will play out whatever the name of the store. second staff argued that it would be championing to apply because the department can't verify the ownership stakes in the companies that are not publicly trade. i spoke about that in august. supervisor breed regardless of the matter of the prelims not policy they can have a sworn affidavit and the companies could require proof and there's an existing process for code violations thro

that currently is a cu but we haven't worked out the abandonment so that's something else we need to look at that a standard cu is 3 years but we can change that in the process of administration review >> with respect to process you have outlined in a table a number of other proposals and we've heard from two supervisors offices that there were pending board of supervisors legislation ideas or whatever running around about this whole thing we've known about but your excusing to move forward despite the fact the board of supervisors hadn't revolved their issues. i don't think june 5th is raefks >> we'll recommend june 26th we agree. >> and is that enough time to coordinate with the supervisors. i want to avoid something i guess they can hold it up they have to consider it anyway >> we've been working cooperatively with supervisor mar they want the date move forward from june 5th they want to consider our proposal and look at the changes to their proposal and further coordination so also their buses i didn't with budget season i can text the aide and see if the 26 date works he original

come back to the commission as a conditional use sets up a different sort of standards like under the cu it has to be necessary and in demand it puts it on the applicant but under the dr it is up to us to say so there's a twist even though there's an appeal and could come back to the commission once it gets into our decision making camp it's slightly different. >> that's an interesting point we mention the 0 thirty three criteria but i think we need to do more thinking of the mechanisms on that. >> along those lines. and specifically to address that issue we have with every conditional use we're not chaipg the conditional use process for formula retail to exude the possility if a starbuck's or formula retail i don't mean to pick on starbuck's goes out of business but the cu expires which it didn't now it runs with the property; is that right >> from a burger king 0 a mcdonald that will trigger a new conditional use under the code requirement. >> no, no i'm saying if burger king went out of the business if - >> if mcdonald's took over it's requires a new you cu. >> but we're changing it.

are 11 units of a locally based well supported business the neighborhoods that would be subject to the cu if they had a fast track option could get air unit located easily there are better ways rather than opening to 20 that is universal for all businesses that along with the provisions counting the international and the corporate subsidies and whatever to integrate the internets impacts the chain stores are really desirable things i presenter our thought of at the looking at those things for review. thank you >> thank you. >> good afternoon, commissioners, director. i did want to echo the directors comments my name is danny i'm the co-chair we're presented the opportunity to participate in the focus groups that led up to the recommendations i want to commend you for the transparency. a lot of the businesses are seeing that and it's great having being involved without belaboring the signage the controls are one we appreciate i think the i have no speaker cards land use categories that are incorporated into the land use controls are good no reason a chain like a hair salon should be includ

do we have to wait for the eir when the eir scope is much broad there's not a ton of impact from the cus. >> this is predating the era and it is not completed until the whole boar advertisement is the cumulative impact so to look at each one individually is not part of the environmental review. >> i have not addressed to the cumulative impact. >> they do addressing add but there's extraneous issues, etc. that's being analyzed in the eir and that's the determination of the ero we do not building they've been implemented open the projects the commission has taken action on lombardy and in 2008, it was denied and not to be complete and the application was denied so since that time the academy has had to maintain the rear portion the property for the retail use. >> okay. and you mentioned number 4 on the list of 13 but didn't give details on what they're not compiling with that's changing the scope of eir. >> term number 4 they must work deliberating and in gookt to complete the eir. >> so it's not the remainder to change the scope. >> to be fair too there's been progress made in the last ye

the same parent company but the clever mind could very structure that so it doesn't fall through the cu process. we haven't gotten the real examples >> if i can weigh in this is a complicated issue we've had a lot of discussion i'm more concerned with a less tangle reason it's setting us up on a slippery slope certain types are acceptable and certain are not. the issue with formula retail its effects open local businesses the visible characters of the store all the things the ownership structure sets up a whole megabit what is appropriate in the city or not that's a very frankly dangerous precedent that's my main concern it's a concern about the less tangible >> i'm less concerned about the 11 to 20 it's somewhat ash arbitrary in both numbers it would be good to get more facts do we know over the 10 years looking at cus how many entities we've looked between 11 and 20 and how come we've approved. >> we would not know how many applied between 11 and 20 they've not captured it all they've not applies for any and some for 15 would have had to apply. >> we could look back and see how many e

. >> the cus that can't come before us until the eir is complete. >> so the november deadline is going us where respect to the cus because there's a 45 day comment period and a response to comments anothers 3 to 6 months and a final certification hearing off about a year from that. >> that's what we anticipate at the certification will be in the spring or summer of next year 2015 and you've be able to approve it. >> or disapprove. >> so i'm going to make a motion we have a hearing in june to consider holding a hearing on the academy arts issue sometime in december. >> that's fine but we don't need to have a hearing to schedule e9s hearing but in december. >> what happens is it will not happen the academy will continue to delay we've been put off forever that's the reason i want to have a date specific discussed anyway in june. >> i understand we can still put it on if we don't take that action but - >> i want to ask the zoning administer or director ram is under such a thing a as a date calendar date the date what be floild i think i hear commissioner sugaya asking in the commission we

we do oppose the change in formula retail defines with upwards of 75 percent of cu applications being approved. it is hard to understand where the problem is. we understand and hear that you want to support of the small businesses it's not difficult to the get the support for a super duper in a neighborhood but difficult for a neighborhood to come and fight a starbuck's and the $750,000 land use lawyers and the pr firms that those multiple nationals are able to hire per we accept that's part of the progress we're here fighting the fight and supporting those who feel should be brought to the neighborhood. i also want to remind the commissions that the voters voted for proposition g in an effort i quote from the planning department's website protect san francisco's vibrant small business sectors and create a supportive environment for the small business innovation i don't believe that opening the gates to the multiple nationals is what the voters intended >> thank you. >> hi i'm winning wendy nearly three years ago we left our jobs to run our own mom and pop cafe and after years of sear

whether you have many, many outlets, you are able to have the cu -- you should have the cu process, if you are a great business, you will get approved so i think that we are just kind of looking ahead the same way and the same thing with the brick-and-mortar, now we havezine amazon is starting to open brick-and-mortar, not stores, but getting a presence. i think it's a discussion we need to have now, because i think that is going to be the future. >> so commissioners, is there a consensus around whether or not to include worldwide locations or might the commission want to advocate for something different? we're talking about ubiquity through the city? might a different measure be a certain number within san francisco looking for uniqueness or advocate for something different, like an annual gross sales or something? not that i necessarily know that is a measure or data point we could get from every business? is there something different or does the commission support including worldwide locations? >> i support it. i think we don't need to change the 12. i don't know how many years ago

we intend to agree that recurring the progress when appropriate we think that the cu process is working and should be continued >> thank you. >> thank you. >> thank you. next speaker, please. >> good afternoon, commissioners. kathleen dulling i didn't president of the north beach commission today, i'm speaking on behalf of the north beach business and the telegraph hill i also participated in the planning process and the reviews i really want to thank the planning department for the hard work it's complicated and i think they did a very good job we support many of the proposed changes such adding international locations and expanding the news. we don't support increasing the numerical number to 20 we understand the deserve to allow the important chances we suggest a better way to do this is have the planning department include them in the proposed administration review process to fast track non-controversial important chains that will allow neighborhoods if at the desire to require a full cu process that will make it less on and on reduce for the local companies and increasing it to 20

the cafe use was originally approved as the cu in july of 2011. was identified on the plans and specific branding of the cafe was unknown at that point in time. as you know the city target store was a new incarnation and merchandising of the program was not finalized at that time. the cafe opened in conjunction with the city target opening in october. it's 880 square feet. it's accessed only through the target entrances. it does not have a dedicated access from the street and doesn't have dedicated emtower signage. the cafe is 100% owned and operated by target corporation and its target employees that run it. if they are working on the floor, they wear a red shirt and in starbucks they put on a black shirt. all revenue s receipts from any purchases in the cafe are target receipts and not starbuck receipts. starbucks association is strictly through a license agreement, allowing the use of their branding. and the sale of their merchandise. they have no ownership in the cafe. the planning department had requested target to come back and seek a cu base

do we have to wait for the eir when the eir scope is much broad there's not a ton of impact from the cus. >> this is predating the era and it is not completed until the whole boar advertisement is the cumulative impact so to look at each one individually is not part of the environmental review. >> i have not addressed to the cumulative impact. >> they do addressing add but there's extraneous issues, etc. that's being analyzed in the eir and that's the determination of the ero we do not building they've been implemented open the projects the commission has taken action on lombardy and in 2008, it was denied and not to be cet

letters of approval and recommendation to the building and we did the regular process, you know, for the cu p and so on and so forth >> thank you. i know that supervisor kim is supportive of this as well. >> yeah. i spoke to sunny briefly on the phone. >> what about california sparkling wine. kidding >> now, officer. >> good morning, chair and members i'm with the liaison unit of the san francisco police department. the san francisco champagne society has filed an application with the acholic beverage beverage and control seeking is on sale beer and wine for howard street 101. there were no only 12 police calls from january 2012 to the december even if 2012. the premises is located in plot 2323 where is designated for this year, the designated high crime area was defined as 86 crime reports it had one hundred and 99 incidents which puts the premises if a high crime area. the information is as following the premises is located in 17802 with a population of 5 thousand 66. for the location basically is coming into an undue concentration of liquor licenses and only 15 are allowed with 34 active

pending, you know, so i support a continuance for both of us clustering is an issue regardless of the cu process is in place or not i don't know if we can make that motion i move to continue. >> i would recommend you continue it to the date. >> what day. >> on the 13. >> jonas is looking. >> i recommend to july 7th. >> and that's enough for the appeal and decision. >> i'm sorry when don't the new legislation take fiscal there june 13th to by the time if he continue it to july 17th. >> not if it's not in existence. >> i'll second that. >> commissioner sugaya. >> i was going to say it changes previously the perimeters of our decision that's no longer exiled vs. necessary and desirable so it's a little different consideration to give to the impractical the same issue. >> commissioner borden this whole thing is difficult i feel like we're exercising a preference and not trying to experience a preference it's a strange situation we're being put in we don't center a basis on or about clustering we're put in the middle of discussions if there is no only one which one is the right one we want to

the authorization is required for various size of retail under today's controls the cus considering parking and off-street parking and employment related impacts in order to fully evaluate those more studies are for larger stores that includes an assessment of the super store effects in the retail and employment the estimation of sales tax and the project of costs to the public services resulting from the operation of the store and any public assistance the employees need and a leakage study to see if the cities is ben and a multiple study for the circulation of local dollars. our proposed changes applied holistically recognize the formula retail controls in a way that creative and unique neighborhood and effort strong activity. i'm going to turn it over to director ram to include our presentation. >> thank you. i want to take a moment to recognize her job on this she's worked exceptionally hard and i want to thank all staff. i want to take a moment to thank several of the supervisors that did agree to hold-off on legislation supervisor mar and supervisor breed and supervisor kim waited for

change by the board of supervisors sometimes, they are franchisees, to give them a fair chance through the cu process and not have two arms -- both arms tied behind their back before they even get an application filed. thank you. >> thank you. any other members of the public? seeing none, public comment is closed. so can we continue then to our may 5th meeting based on your recommendations that christian typed up based on our discussion today? >> and do you have any questions for the commission for clarification that you may need to be able to summarize? >> well, we only made it through approximately halfway on most of the items, so i'm happy do what i can to summarize the positions that we discussed, but the first part of next week may need to be a continuation of these items, if that is beneficial? it's whatever the commission wants. >> thank you. this is going to be another interesting topic. next item, please. >> item 6 discussion on the potential for an increase to san francisco's minimum wage hourly rate. this is a discussion item. and included in the commissioner it's a binders you hav

. >> the officers broke down the door and regulation cued the baby victoria. she was found safe and reunited with her parents. >>> the car of the future afternoon has arrived. it is missing standard features. google unveil no steering wheel or pedal with buttons for go and here are pictures of the 100 prototypes. the company is not interested in the auto manufacturing business but wants to partner with other firms. >> can you imagine on our schedule coming in to work just push "go," and be on your way? >> meteorologist mike nicco has the forecast. >> a lost sunshine is coming up with a couple of baseball games and several graduation ceremonies. a cooling trend is on the way that could bring drizzle to the morning commute. >>> thank you, mike, the bad "rap" 50 cent is getting for the first pitch in a major league game being called "the worst pitch in history." you be ike hondfused all debates. now honda's slinging mud, launching false attacks. isn't it time to put the old politics aside? the chronicle endorses ro khanna, saying he "offers an upgrade in congress

. >> i would rather that the cus at all, just stay positive. >> you got to use them, you got to use themfrom the south my mother taught me on be a lady. >> pro fo profession alarcon par noal context not thebest. >> it is lazy a bad happen. >> i would be what the [ bleep ] are you guys doing, something like that. neil: the stud goes on to say once you get worked up about something, sometimes you express your colorful language you feel better about yourself, people from the other side know where you are coming from, there is clarity too that, they had a study to get this. we have comedian extraordinary joe pi piscopo. >> you have to keep it clean, it iis so easy, they drop the f bob as a punch line, so unnecessary. neil: you never did that. >> no. neil: jerry seinfeld does not. >> perfect example. cokosco-- cosby set the standard i watched a great kos cosby. neil: they make a statement? >> i think prior -- rich after pryor useed in from the street, from the heart. i remember, talking to a young eddie murphy as we were saturday night live it was universal am theater, after the show eddie ki

recommendation at one point to have someone peer the document that's normal for the document to have others look at your work cu was brought on board they worked open the first draft of the transportation study so after, you know, two drafts we did say this might help you but not state they had to do that that's not our policy. >> yeah. but there being a allowed to do that my information coming from counts institution their desirous of having them do that. >> that's correct. >> they can't completely replace atkins but keep the rest of the study. i understand the time they're asking for the specifics on what needs to be corrected and they're not going to receive that until may 20th i don't know if in itself accurate but they're waiting to hear about the study >> we developed a path forward no december this was put-down on hold we're reconvening to go over that but. >> there maybe some changes from the directions in december and there could be, you know, c h s has a new consultant. >> all right. my final question for you is it only the transportation impact study that is still deficient is the rest of the eir pre

for the cus end -- customer end. >> i think i am not yet sure we can achieve what e need to achieve withoutitle ii, so at in this point i'm going to abstain from that. >> all right. ann that maria? >> i think it would be a disaster which is why i said earlier i was glad to see 706 is the more viable option. i think all layers of the broadband ecosystem get sucked into regulation. whether that's intended or not, it would be done through state commission suits, it would be done through suits of individuals who feel that they can gain something in that process. it's really not avoidable. so i think it is far wiser to start out in a limited way and make, see if that works rather than start out with something that is potentially 20 years of litigation pretty much stopping innovation. >> gerry? >> it's hard to improve on their statement. it really is. >> okay. [laughter] >> i would say this, i don't -- if we have to have something, i think where chairman wheeler is pointing us to nondiscrimination, and it's hard to argue about that. the only problem i have with that -- again, who'd be against non

the honor recognizing one player for his outstanding charity work. cu curry will get $25,000 to give to a charity of his choice thank usa which provides scholarships to kids and sponsors of our military. last summer curry helped fight malaria in africa by handing out nearly 40,000 nets. >>> the thrill is over for the bay area, it's now l.a.'s turn. >> we're talking about the anonymous man with the twitter handle leaving cash. late last night he tweeted up, travel scholarship or burning

for the cus end -- customer end. >> i think i am not yet sure we can achieve what e need to achieve withouttitle ii, so at in this point i'm going to abstain from that. >> all right. ann that maria? >> i think it would be a disaster which is why i said earlier i was glad to see 706 is the more viable option. i think all layers of the broadband ecosystem get sucked into regulation. whether that's intended or not, it would be done through state commission suits, it would be done through suits of individuals who feel that they can gain something in that process. it's really not avoidable. so i think it is far wiser to start out in a limited way and make, see if that works rather than start out with something that is potentially 20 years of litigation pretty much stopping innovation. >> gerry? >> it's hard to improve on their statement. it really is. >> okay. [laughter] >> i would say this, i don't -- if we have to have something, i think where chairman wheeler is pointing us to nondiscrimination, and it's hard to argue about that. the only problem i have with that -- again, who'd be against no

history, soccer star landon donovon is off the u.s. wor cu> in perhaps one of the most shocking cuts in u.s. supports history soccer star landon donovan off the u.s. world cup team. vern glenn reports from stanford where the men's national team has been preparing for the cup. >> running, training, gym, training, don't put that on camera. >> reporter: landon donovan hours before he was left off the u.s. national soccer team. the primary shocker today at stanford stadium as the head coach cut down his roster from 30 to 23 for the june world cup. donovan had five world cup goals in three world cup events. >> toughest decision in my coaching career to tell a player like him with everything he has done and what he represents to tell him you're not part of the 23. the other guys are a little ahead of him. and i told him that and he understands it. but obviously, he is very disappointed. >> reporter: donovan was not made available today. neither was current earthquake forward chris wondolowski, who did make the team of. wondolowski! >> reporter: jef

clairemont canyon but he's leaving the charge to save an estimated 1 million eucalyptus in the east bay hills. he says clear cu cutting the tree would not reduce the fire danger. >> actually increases the risk of fire because it promotes the growth of species such as hemlock, poison oak and chapparel that 35 in oakland environment. >> fema spokesperson told us the agency hopes to have long awaited environmental study for the fire hazard mitigation plan completed by the end of this year. in berkeley, abc 7 news. >> by the way if cal fire is the primary fire protection agency you are required to have 100 feet of defensible space around your home. clear that dry grass and brush now. cal fire has increased its inspection staffing this year and if you live in santa clara alameda or cocoa counties someone may coming to inspect your property starting this week. so head up on that. >> sun bladesing above the take your as it weekends through the south bay tomorrow for the hardest stage of the race. this year stage 3 emergency crew will keep a close eye on race and fans watching the tour. cyclist start at lake cunningha

while that pier 30-32 public-private partnership ultimately failed to produce a cus terminal, the portion that was faied, the watermark project, did generate $20 million in condo fees that eventually was used as seed money for a new cruise terminal. the port set up a panel which recommended the port develop a mad earn cruise terminal at pier 27 and, two, instead of a public-partnership, the port would principally fund the project its elf. on the down side, clearly there were budgetary constraints. the port also had to balance the functional needs of a modern cruise terminal while meeting the regulatory requirements to provide public access. the design also accommodates vent use when a cruise ship is not berthed to maximize the utility of the building. in october, 2012, the port issued an rfp for a new terminal operator to manage cruise operations, events and parking and metro was selected last summer. we have negotiated a draft agreement, the proposed management agreement between the port and metro represents a balance of the port's operational needs and budgetary requirements. the port w

the king has approved thursday's cu. protests continue on the street. what is going to happen? >> that is when we will see this. he is a military ruler. it was an intense weekend. we sell troops spanning out into the major districts. this removes the last institution in the country and get the rulers leeway to implement laws. you do see protesters and the military there as holding the lines. through theeir way street. are running high. they enter military rule. the man in charge is taking further steps to consolidate power. they were not limited to bangkok. on whether they would be the major cities. >> we are taking a look at what could be civil unrest. this is why they have stepped in with what was initially martial law. the growing middle class and social unrest have political reforms. been calling along. they've been having a nondemocratic counsel. what they have is a nondemocratic system. you have had 100 feet connected to the old government. we understand she is still in contention -- contention. and academic called in over the week end. they should not incite unrest. aid

instrument is itself is notn going tog be any danger, becaue the police have taken it, and they've disabled it. so i don't understand why we cu warrant out of this picture. >> so several answers to that, justice ginsburg. the first is that you could probably say the same thing about almost everything that is seized under robinson and edwards. once it's in the police's hands, they could throw it in the back of the patrol car, in the trunk, it would be safe, and they could get a warrant. but the balance has always been struck at the moment of arisk to allow the officers -- arrest toe allow the officers to fulfill the compelling interest in the matters i've previously described. the second and i think very critical thing about cell phones is they do differ in the amount of information that a person can carry on them and the amount of revelation about a person's life. that is true. they also differ in that they greatly facilitate criminal activity, they contain a great deal of evidence, and most critically, they are subject to destruction in a way that ordinary physical items are not. even if an officer has a cell phone in his ha

we were talking about what happened in the roosevelt room where you were wearing your jackets. >> we are cuedand the aide said president isn't wearing a jacket, jackets off. it was interesting. very thought out. there is nothing done by accident. he is not wearing a jacket, you are not wearing a jacket. >> i saw your tweet, something is up here. >> yeah. they tell you what to do. >> thank you. >> you can see the tweet that bill sent, see bill with the white house dog on www.ktvu.com. we posted a slide show of bill's trip to the white house on www.ktvu.com. >>> 5 birds recovering tonight. how dirty mail trucks and tree trimmers landed the birds in trouble. >> julie haener is here now for what we are working on for 6:00 p.m. >> we are going to hear more of bill's interview with president obama. >> we are going to have greater and greater water scarety. >> at 6:00 p.m. president obama talks about our snow pack and the effect on california's economy, plus -- >> the momentum to put a kill switch may be changing. why one of the biggest opponents is stepping back and why the efforts still faces big