Transcripts For SFGTV Planning Commission 12116 20160123

Culture and relevancy and in the 3 criteria that is outlined and i will go ahead and read them the businesses operating in San Francisco are for thirty or more years with no break in San Francisco operations exceeding two years and from the businesses operated for more than 20 years but less than thirty and sill satisfies the criteria the Small Business commission of these this business as significantly contributed to the history avenue particular neighborhood or communities and if not knit in the registry theyll face displacement again even with that criteria we have to remember the mayor or the board of supervisors that makes that determination of the businesses under thirty years the businesses troubled to the neighborhood history or identity of the community and the business is commented to the physical altercations defined including the art formations so section 3 is the business telling their story about those 3 criteria and those 3 criteria and weve asked for them excuse me. To submit any other elements information so if their a restaurant with a copy of theyre first menu or i said retained the business form to provide a little bit more a visual context to the business that is outlined in the application instructions then section 4 the point that the business is a affirming very dont owe any back taxed or licenses or permits that the city requires of them and no labor violation and to do the Due Diligence to share had theyre good with the city sort of their financial relationship and their financial relationship with the city so that is the key process we have heard from some businesses from in section 3 is still whether or not for them to answer to you do want you to know we have a Small Business Development Center an organization partial fund by the Small Business commission and the city as a host they do Business Assistance an is operational side have agreed to write the busy narratives and issues of being able to communicate their story so weve started to work on tying up the Technical Assistance for those businesses the so i think maybe i should do sort of ask if new particular questions as of me through the application process. Any questions commissioner konstins. On the board of supervisors not the single supervisor but the majority has to vote. A single supervisor not necessarily have to be the supervisor of the district that your business resides in so just a supervisor didnt get brought to the board or anything. Correct. Who have you heard from. What kind of businesses. Well, ive golden entries from kitchen immigrant of grant companies a Flag Pole Company a couple of bars and weve received one application from supervisor campos office for presidio. Okay. And im sorry, i need to get my head into this initiative do we have a limit of how many bars and restaurants whether there is three hundred per year. Three hundred per year at it particular at this point in time our commission no cap in terms of numbers of supervisors or allocation per mayor or supervisor and there has the commission has decided at many particular at this time those industry segments sectors at this point in time not necessary to put any sort of numbers to the applications i think that we i know the fact that at least the Registry Program were still seeing we are you know that the businesses though ive talked with businesses and given them the process and told them to reach out to their supervisor and mayor the fact weve not goggles more in at that particular at this point in time the need to create some of those qualifiers. I was curious if there were any thank you. Commissioner matsuda. Thank you for sharing this notion information with us do you have a ball park number how many Small Businesses in the city and county of San Francisco that are eligible for this. Ted egan look at introduce the done and brad street i think that is closer to 5 so i think that is maybe a little bit closer to 5 and 5 thousand and limited to three hundred businesses per year that will be accepted. ; correct. And then im so happy this legislation came if im if im not mistaken an intent for this legislation to prioritize Small Business that are not affiliateed with change a business in a certain area for thirty or 40 years doing one particular an ice cream shop the financial incentives that are available for a part of a chance even though a small chance for capital or capacity to stay around versus a smaller within person or family type of business im wondering if this may be considered as part of criteria in terms of the point spread i think that is proposed not sure i thought that might be something to consider and some of the others im not sure i should be looking this and to shelly about the points proposed seems like again, the tint or intent of the legislation this legislation hopefully given priority to overseeing businesses under recommended or has the capability or the vulnerability more than others i saw some probability shouldnt be considered or a lesser protrude as others i dont know if we look at this page by page by specific comments and thank you a couple of things in terms of for what your staff is proposed to provide you with february with our our commission has directed our office nevertheless of the application so initially i promoted the concept of a point system they were clear they didnt want that not wanting to be evaluating in terms of they made that clear they didnt want our Office Application to have a point system within other element to give consideration to in terms of your proposal is that under item k of page 4 is the organization rockefeller financially stable so our commission had a discussion on that i think on their discussion they have determined they if not to be in business of reilly looking at and assessing a Business Financial statements and didnt think that was an appropriate thing and how so i think that that should be given consideration that we will not be assessing and evaluating direction and so for you to gain that information is only exceed the amount of time that your staff is going to have to take im not sure how relevant that is i think what is important to understand is that we have the Legacy Business Preservation Fund but there will be businesses that apply to be 0 the registry and not be assessing the funds so the merit of business an the business should be the merit of the business on the registry and for those that you know for the need of saving the Preservation Funds that is the next step but i think that is important to know there will be businesses who are at a place their businesses that own their space so the Property Owner theyll not be visible to assess the landlord grant so kind of keep these in mind not every business will be going to be to have the need to assess the Preservation Fund. Can i ask one more question. Thank you for that clarification so operate priority is given a inform a business not owning the lands and others landlord that wants to make improvements that will be the business a priority made like that. So were still drafting the rule making over the around the administrative the Preservation Fund so i dont have is a definite answer using our criteria as having a ranking preference as to who will be eligible for the Preservation Funds at it particular at this point in time. Your during the period whats your timeline. To have it developed to be submitted to the board of supervisors by the ends of february. Okay. Then so we would make comment to our Planning Department staff about that prior. Commissioner hasz. Thank you so do we have a funds a dollar amount. No so i will need to go to the board of supervisors to either ask for a supplemental or it will be part of budgeting process the july one 2016 budget. Okay. This is sort out of order but ask what your staff will be review in this. What are they reviewing and writing about . Yeah. Commissioners, if you dont mind a good time to step in and talk about the review process and invite regina back up so we need to figure out with the Historic Preservation Commission Rule the legislation says the Small Business commission will refer the Applications Party dates to review it and those are things we need to decide and the south report we have had options since then consulted with the City Attorneys Office and learned that it didnt appear that the commission can designated staff board to another committee so that leaves the only option 2 and 3 right. For that seems to be a viable method of review this will be the individual and immediate hpc hearing so upon request the nomination can be automatically places on the next available hpc agenda as a content item with a brief staff memo a recommendation break off brief as in one or two pages and insure that the commission has an opportunity to review and decide nomination within the thirty day window this would require that staff schedule and attend the advisory hearing for each nomination and depending on the number of nomination could be consider about staff times but, of course, it is unknown the vacuum of applications at this point in time the other option we late out im calling an annual schedule of hpc hearings the commission could request that the Small Business Commission Structure the program to accept applications except for those that need mediate attendance on a quarterly or annual process similar to another application if so forwarded and back to the hpc and then any of the then we could give you are staff recommendations for a group of nominations rather than a single nomination this will create a sorry more preeblt and staff and the commission scheduling and may allow for helpful comparison the different nominations youll have several in front of you at ounce, however, this could result in a large amount of nominations that results in difficulties and delay the nominations for that the contentious that are facing imminent risk of displacement that lace out the two processes for review weve also suggested that we started to think about the consent of the information youve receive the application and the application as drafted by reginas officer asked questions they give quantify information were recommending you consider formatting the staff report or your recommendation to the commission in the form of a check list are yes and no answers and qualify the yes and no answers we think this might expedite somewhat the significant value of each time culture asset so giving you a list of types of questions we might consider putting on the check list can be a yes or no but teaches locates and suggested about a petition however, it is information that would like to provide could be useful information so some of the questions require the Additional Information from the applicant but some of the information could be derived from the application that is currently written so with that, i wanted to let you know today, i received a letter from sf heritage committing on the review processes weve laid ive a copy of that letter in case you didnt receive it ive reviewed it they have really excellent comments one of which is they recommend that is Commission Recommendation to the Small Business commission would identify the characteristic features thats asked for the commission to comment directly on the features i think might be important the sf heritage as recommended in addition to recognizing as a Business Associated with a National Register property we also recognize explore whether or not the business is located in a heritage corridors they also suggest is that the Planning Department may consider jaift its own Technical Support to bring to the Mayors Office we get to play a role in helping them thinks the can remember role of their business with that, im going to turn it over to hillary and shed last week to add any comments on the process and if any questions im available. Commissioner hyland. This is is the City Attorney here can we get more information why we cant delegate this to the cultural heritage. Ohioy wong deputy City Attorney the administrative code indicates that we as the Small Business ask do the recommendation from the Historic Preservation commission specifically and the chart the only specific designation loitsd the delegation for the administrations sorry delegation that can xrels not allow other delegations but charter says Historic Preservation Commission Shall take anothers issues up and the ordinance didnt make any reference to the delegation so the best course of action for the commission to provide the recommendation as riders by the ordinance. Is there a way to change that whats the process. Amend the ordinance. Through the board of supervisors and no there the commission. Proposition. Additional quells. So i see the agent of one of our supervisors. Turning to present im higy with supervisor campos we offered this legislation additional met with a couple of you to get the feedback during the drafting process so im extremely excited to be here he historic combrsh legislation we believe that will make a big difference in preserving the hectic businesses in a city that makes San Francisco and our commercial corridors the special place that is so were very excited to be here we had some comments and suggests suggestions about the Planning Commission memo how youre going to weigh in think each business that is nominated and put on the legendary business recommendationy and my comments and supervisor campos comments related to sort of the dual goals of having the hpc weigh in and in myself way as you to the businesses contribution to the identity of a particular neighborhood will mother provide undue burden on the business that is already coagulate through a complications link process to get on the registry starting with contracting the Supervisors Office or the Mayors Office to make the case to be nominated in the first place and getting the application together and making the case before you and ultimately before the Small Business commission so it is already quite a long process and many of the businesses that will be eligible for the registry are run by mono illegal unit that dont speak worker not used to negating the city processes and at the moment not much administrative support and we want to make sure were creating a process that doesnt become to diverse the businesses will not apply so have an opportunity to work how it is intended to work tars that ends we thought that a combination between option number one and number 2 were the best options in that i think so that this City Attorney says we cant delegate the responsibility to staff but having the staff using the check list ill have a couple of comments on the check list but prepare a small report and recommendation to you and where that recommendation is positive that it goes on the consents agenda and considered you know the busiest a positive recommendation and on the Consent Agenda not feel the need to present and make a case at an extra hearing but a negative recommendation that may raise some alarm bells and taken off the agenda and make its case why the Planning Department staff got it wrong that streamlines the prosecutes and nostril overly burdened the process but allows a subcontractor were the Historic Preservation commission so that would be our and supervisor campos suggestion and over office suggestion in terms of the list of questions that are on the check list we had some additional comments the first comment is that we similar to the Small Business commission did not building that question number or alerted k and l were relevant for a number of reasons numbering the rule of the Historic Preservation commission is really look at the role of the business in making up and adding to the history and identity of the neighborhood and whether or not the businesses find it relating financially stable not to that question but number 2 descends designed this legislation to booster the businesses they can be stable because of long term nature of the business but having difficulties in the current commercial real estate boon so the point of the legislation to create those few minutes that will help to stabilize those businesses to get penalized in the check list for not in the best financial situation is contrary and defeats the purpose number one and number 2 an additional question whether or not the businesses have been mentioned in the historic record whether the newspapers or you know city hall legislative records or other areas add that information and provide that to you and then finally we werent crazy about the point system we thought that could have an untints consequences of comparing apples and oranges and raise that differentiation and even for an example question b wheres the business located it is not clear located in multiple neighborhoods more points than just in one off the beaten pathway im not sure that make sense and there are businesses that might end up getting i know when you add up the points not look like the historic asset in San Francisco but thats not indeed the case and narrative explanation and recommendation really would work manipulative better so thank you very much for the role our playing important legislation prior to being on the ballot and passing and now it is going to make a big difference for San Francisco kudos to you thank you very much. Have we done. Actually take a brief break and Public Comment and we all have comments oh, does the supervisor peskin do you have any comments youd like to make thank you, commissioners and you know thank you to supervisor campos office and to hillary for the Small Business commission were, of course, coming to this a little bit late in the game but the supervisor is very interested in the legislation and a big fan of the legislation we have a high catalyst of potentially qualifying businesses in district 3 including a lot of hillary mexicos chinese owned legacy businesses as well i am happen to echo love what hillary commented about the approval i think we share the same skepticism and particularly questions to the financial viability of the businesses that sort of run counterintuitive for the purpose of funds and additionally you know to be the extent those questions radio going to be look at in a check list forum i indication caution we hope those that take a less view in the request of the application section 3 Eligibility Criteria the businesses can provide that narrative a losser form to make the case why historical okay to be described in the exterior features that are significant about that legacy business so that narrative in the application should be given weight in the consideration and latest organizationaling hillary companions that supervisor campos will minimize the burden on the business and the burden on the commission to the extents that will involve a Consent Agenda for the positive recommendation and you know an actual hearing that allows the Business Owner to come and make their cases with a negative recommendation our office is in agreement with that type of process but were happy to be involved Going Forward and supervisor peskin well be in touch thank you very much. Thank you very much. Commissioner hyland. Since well take a break i was hoping that you could stick with us where were on this taking Public Comment. I mean break for Public Comment not a literal break. Were now going to take new mexico Public Comment not a break but any Public Comment . Please step forward. I thought you were going to take a break. Desiree smith only on behalf of the San Francisco heritage were excited about that legacy business registry we have within working on if for a long time and the Historic Preservation commission has been looking this go issue for many years were excited to be now in the Implementation Phase and help assure a successful completion of the program and you know weve been since is legislation passes is in november we have seen inquires from businesses from other Supervisors Office and their seams to be some just a need for more information about how to go about registering interested businesses were eager to see some perhaps information policemans on the city website and supportive of the idea having staff in the Planning Department staff and or the Small Business commission dedicated as a point of contact for the Small Businesses and in terms of hpc roll in the overall process before we learned about is fact that hpc cant delegate the work by not delegate as much worker or with work to the Planning Department staff we whether endorse the plan b to have nomination on mac seeing before the Health Commission as and a they come up to be noomentdz as a possible in addition, we see the hpc and Planning Department staff can help to provide accident quality information to identify the character defining features and the physical buildings and of the cultural tradition of business themselves that kind of altogether Historical Information is helpful evaluation i think shelly mentioned a few other things earlier so i think that evens our comments generally, were existed about this. Thank you of is there any additional Public Comment . And jonas i on a handout for us the heritage letter back to you, commissioners. I think well go through the recommendations by staff i have a number of comments. Commissioner president lazarus. I have one question for hillary fulltime im sorry it was regina. Regina. Thats okay. Thats okay. You fulltime employee as parts of the grant do we have a definition of what that is. Im about in the process of completing that description. So i will send that over to shelly for your review this position would handle the entire process. Im sorry for the businesses and fulltime. Actually counting the individuals the presentation for the grants program for the business. Yes. Yes, so it is based on fulltime virtuosity. Which is. 4 part time equivalent is two. 35 hours being a fulltime position. Theo hours plus the blends so if you have folks working 15 hours 3 of them yeah. It is in the legislation itself so it is adding up the hours of the employees of the year before and dividing by 40 thats fulltime. Thank you. All right. Thank you very much i have some comments on the proposed methodology for how we will process or review those applications and first of all, i have a question lets say we choose to recommend going ahead with option two but not with option 4 if we find option 2 a cumbersome in 6 months decide this is not working well, well set a quarreling deadline for applications is that accurate we can change for the future. Commission staff we right now the legislation says that the clock starts with the Small Business Commission Refers the application to the commission so it is set up we have to review it on a immediately it is salon the application is received we can make a request at at the time to the Small Business commission they schedule those referrals. Recent right in of most find this is not working with the Small Business commission has been they could put a quarterly dead on arrival on those applications work without so. Thats right mined the Small Business commission can create preschools for the administration of both the funded and the registry those rules will be approved by the board of supervisors. I think commission if i may interject consider something were the Small Businesses under immeningitis treat therefore in for the able to responds theirs an opportunity to apply. I guessed what aim recommending option 2 the immediate review for the foreseeable fire chief not like were floated with mrnlts right now so seems that is the best way to proceed and the best way to currently paragraph in the legislation. If i think so this correctly with us needing to actually hear this and the Small Business referring it to us with the thirty day calendar if so challenging to meet the calendars before us i think that is probably a good idea to have hybrid where we can do it in a predictable manner so at least we know that first hearing of each quarter well be reviewing whatever one before us so the ones not you know critical imminent condition. Commissioners. Yes. May i add or offer in the application process we can say that applications are submitted on the first thank you or by the monthly as a way to so there is exception for for those noncritical in terms of identifying up front in the application instructions you can see applications go to the Historic Preservation commission simulate from our office to your office on a specific dates so that i think it can workout well to try to work out well, that the timing of your staff being able to facilitate those and get overseeing scheduled so we can work on that. Okay. Thank you. I i guess ill recommend option two regardless if the option two we have a lot of complaisance and