Transcripts For SFGTV Board Of Appeals 32917 20170403

[gavel] good evening and welcome to march 29 4017 meeting of the San Francisco board of appeals. Presiding officer tonight is board president Darrell Honda and he joined by vp frank fong commissioner rick swig we do expect bobby wilson to be here sure. And lazarus will be your absent. To my left is deputy City Attorney and itll provide any needed legal advise advice 10. Im Cynthia Goldstein executive director. We wildly joined by representatives that have before before the evening good we expect scott to be here is the city zoning a missed read or and also be representing the Planning Department and planning commission. The senior building inspector joseph duffy will be here representing the Apartment Building inspection. Will also be joined by rebeccadeputy director cultural fairs representing the Arts Commission and the board request that you turn off or sought silence all but on devices that so they will not disturb the proceedings and that you carry on conversations and the holy. The boards three rules of presentation are as follows. Everyone is given 7 min. To present their case of 3 min. For rebuttal. People affiliated with these parties must include the comments within the seven or 3 min. Permeates. Number the public not affiliated with the parties have up to 3 min. Each to address the board and no rebuttal. Please, speak into the microphone to to assist the board in the accurate hesitation minutes youre asked to not required to submit a speaker card. Speaker cards are available on the left side of the podium. The board welcomes your comments and suggestions weve Customer Service Action Survey forms on the podium as well for your convenience. If you questions bout requesting a hearing the boards rules or schedule please, speak to board staff or after the meeting. Or come and visit us at the boards office. We are located at 1650 mission st. In room 304 and thats between du bois st. And south van ness this meeting is broadcast live sfgov tv cable channel 70 and rebroadcast at friday 4 pm on channel 26. Dvds of the meeting are available from purchase from sfgov tv. Now we will swear in a firm those all tend to testify could be please, note any member of the public may speak without taking an oath pursuant to the right under the sunshine ordinance and if you wish to the board give your testimony evidentiary weight, please, stand if youre able and say i do accurate stand or sworn in. Please, stan. [oath repeated] thank you. President , the measures we one housekeeping items i get this is item number six appeal number 17021. Regarding a site permit at 2330 and 23 4919 data that matter has been withdrawn and will not be heard. If theres some question about that item this is item number six on our calendar. It has been withdrawn. That means the board i think theres no matter before the board to be decided. The appeal has been withdrawn. Having to do with the case on 19th ave. [inaudible off mic]. Unfortunately, evidently the permit holder as was the person that filed the appeal have settled their grievances. Now we will of public commons and a second cu mike just for the record state the reason why you are here under that Public Comment since its no longer being her before this board this evening the board doesnt 02 postcards people interested in these cases and guessed that if you want further notification of matters to let us know so we can notify you of any changes. My understanding those letters to go out but perhaps they did not get to you yet unfortunately because we just received the withdrawal late yesterday. So our apologies for that. If you need to address the board we would ask that you if you could maybe ask mr. Cantero your question is are we until Public Comment if you want to tell something to the full board. Okay . Actually our next item is item number one, which is general Public Comments. This is for people that speak to any thing within the board subject matter jurisdiction thats not on tonights calendar. If there is anyone here would like to address the board now is the time to step forward if you like to speak and address the board under Public Comment you make it just step up to the podium. Good evening. Thank you for letting me speak. Unfortunately, we all came for that particular reason and all of a sudden its not on the calendar. That is very sad because we have been waiting for a wild to do this and every time that we tried to talk to the right people, something happens that we are not allowed. I think that is part of the respect that with there is no respect for the community neighbors, interested in this case. The other matter is the security that unfortunately they lack and im not sure if im allowed to show a picture yes, you may put it on the overhead and have it orientated like youre looking at it. This is what im speaking about. The security, the lack of security. This is the lock that they put on the gates so that nobody could come in and go into the site of construction. It is just a wire thats been twisted and we had rainstorms and direct neighbors had 18 holes into their garden and homes. The next door to this side, they were not told that their wall was coming down and so what was left of their wall was just hanging in the wind. Never told that they should come and that was what was going to happen. So they were very upset and sad because everybody prizes their security, home security. This was not given to them at all. The other thing is, the fact that every time we have had any notice way beyond the time that we can do anything, it is late in coming. And, they seem to get larger and larger and changes and change and we go, where is the board or the Planning Board that is helping the community . Same, no, your plan was this. This is what it should be. You cannot be changing every year and this has been happening for over 710 years. I dont know how long. We dont hear about the changes until it is too late. We cannot do anything. Most of the homes in fact on 19th ave. Are first and second floor. They want to go to the fourth, fifth level. Why . We dont know. They want to go way back into the yards. We 01 some sunshine. We all want some shadow and we will have more shadows because these are much larger than all the homes. The last one is, the security of the wall between 18th and 19th avenue. That boundary is over 100 years old. Thank you. Sorry, your time is up now. Jody had told me how secure that while is. Thank you. State your name for the record, mame . Lizzie jeremy. Thank you. Next speaker, please. Good evening. My name is Richard Jeremy son of lizzie. I currently reside in the home directly behind the project at 2351 18th ave. I have three main concerns. And theyre similar to what my mom lizzie has address. One is the safety issue. He came in with no notice closed the place down and lifted unsecured and we have had a wave of burglaries and home invasions in my neighborhood. Sure youre all aware of whats going on to parkside community. And with very littlethe second part is the communication. Theres been zero to very little communication and as she also mentioned the moly find out about hearings or when its our chance to voice our concerns about this project, its often too late and we are not able to do that. My third item i want to also bring up your is the scope of the project. It seems that, believe in 2007 or, 2008, the property one from a commercial two and rtwo. They had approved some plans but it didnt go to the community. We were not allowed to voice our concerns about the project. Then the plans changed once, once, three, i think this is about the ninth revision of these plans. This is one of the first opportunities weve had a chance to speak to you and address our concerns. So i looked at the code for ourtwo genome hearing that arethree and now i really dont know what is going on with this project. Im very concerned because i raise three daughters at the property and to have the security now compromised with just a very light gauge with a bungee cord holding it together, its allowing access. Right now, she showed an old picture but right now, the entire wall is covered in graffiti so its blighted as well. The whole entire while theres no room. In fact they ran out of room to write graffiti on our. They moved to the neighbors while civil now the neighbors wall has quite a bit of graffiti on it. Again my concerns are the security. My concerns are the communication and my concern is also the scope of the project not research the rtwo loving code and the specs and it seems to me this project is grossly out of proportion to what the Building Code allows for. Again my name is Richard Jeremy. Thank you for your time. Thank you. Both of you you want to call me in the morning ill be happy to speak to you about ways you can get some other concerns addressed to other city departments. [inaudible off mic] just as a side note we have someone representative from the Planning Department actually hear you can never chat with. Any other general Public Comment . Hello. My name is frankim also residing right next to the project that rachel was talking about. We are concerned about security and we are concerned about the parking situation that is going to impact the neighborhood area and, yes also, the communication between the Construction Company in costs because we want to know if they are all these bulldozers or big trucks coming in and what is their construction schedule. All that. Its good to impact us. Definitely, the security. Thank you. Are you finished, sir. I have a question it were you given notification regarding this property . We were given some of the notification. But by the time that we could respond its either like with strong or when we show up or we just dont have enough time. In one week, please complain or by the time we receive these revocations, be period for receiving comments on to the website or public hearings is already past. As in the prior speaker, my director will probably give you her card and again the representative from the Planning Department is at the front they could probably have a word with him as well. Thank you very much. Any other general Public Comment under item 1 . Seeing none, we will move to item to which is commissioner, 10 questions. Anything commissioners . I was going to embarrass my daughter but she left already so i guess thats out of the question. Item 3 is the boards consideration of the minutes of march 22, 2017. Any changes, deletions deletions or additions . If not a motion . I moved to adopt thank you is there any Public Comment on the minutes . Seeing none, gave a motion for the Vice President to adopt the minutes. Honda aye wilson aye swig aye. That motion carries without vote 040. We will then move to item number four which is appeal number 17012. Appealing the denial on july 24 2017 of the st. Artist certificate and we will start with the appellants. You have 7 min. Good evening and welcome again. Thank you so much. That really helps. It really does. This is a long time that says this is been going on. I want to start out by saying that less than 1 of pro se litigants beat a state in california state of appeal. I did and was against barbarai think i just part of it in my brief to you and i would think that wouldve been a wakeup call to the Arts Commission to stop allegations of stalking, harassment, hearsay and verbal abuse. Since the San Francisco City Attorneys office never investigated theaffidavit, my estimate is that it costs the taxpayers of San Francisco over 30,000. The City Attorneys office never bothered to notify sclera. I noticed this because i went to a full Commission Meeting in this room. Her the outcome and the [inaudible] is still not on file with the war memorial management. The issue or why im here today is that i was never asked by the Arts Commission for a home address. I senttheyve done this many times before. I send applications and they just kind of dye in it take somebody from the outside to kind of revival is. In the past, it was kathy barnes City Attorney. In this case, it was Cynthia Goldstein. When she contacted rebecca after a year and three applications, the response came back that i do not provide a home address. Why did they just asked me . I sent emails. I never got one response for them they did the same thing in 2010 and 2012, and by day, im talking about [inaudible] since i think hes responsible for this. He refused to accept new street artist applications after the passage of proposition j thats documented. William clark a longtime street artist had to go into federal court over street artist denial in 2005. So i kind of wondered who wrote the response from the Arts Commission, because theyre confusing a few things. Theres an application process and then theres a permitting process. So its pretty clear to me that it was someone in the City Attorneys office who wrote it and there are grossly misinformed. In april 4, 2016 Howard Lazard show me on market and spear street. I filed a Police Report. And notified via email margaret baumgartner. Never once got a response. May 16, back of the Ferry Building i was waiting to take a ferry. Another Police Report and a longwinded false account are you hoping right now, theres nothing on the overhead you are you addressingthere we go. He went on to a longwinded tirade falsifying information to the was no security there. I did not do anything to him. If he had been so fearful of his life he the wouldve in a Police Report. Instead i filed a Police Report and contacted margaret baumgartner. So at november 22 Public Meeting, Howard Lazard public documents on the floor. He would not allow me to audiotape and refused to allow me Public Comments. Why is this going on . I dont know. He also has a propensity to talk employees there and make up information. Why would somebodyi do know by the name of and tricky, works parttime 30 hours a week in a new hire with no experience or training as a market manager say the things that she is said to me . For example, at the last hearing here that i one retired City Attorney paula jessen got me an appointment to go pay for this permit. And tricky open the door about like this. Grab something i had in my hand and slammed it. I was called into the hallway by rebecca krill, who asked if i said something to her. At a july street artist meeting and tricky payment before the start of the meeting and set them up all, why dont you behave good you are going to jail to people dont behave like this at of nowhere unless their minds have been filled by somebody else. March 1, 2005, and tricky not over pattersonpeterson of the Ethics Commission in the hallway of 25 van ness ave. She shouted to the guard to call 911. And tricky thing get that comes about restraining order that did not exist. The Building Management went to talk to and tricky. October 16, went to an executive Committee Meeting and the Public Meeting of the Arts Commission. In the hallway, and tricky called security claims that i violated a restraining order to phil gramm the Building Management and sfpd were there. She did not have any paperwork in her hands. I supplied it and it clearly says that i could attend a Public Meeting. So once again, she was reprimanded by Building Management. I did contact deanna rosenstein, City Attorney who said quote i we went to get [inaudible] i dont care what you do with it. On december 14, i waited in a office for over 20 min. Because i wanted to answer questions but i dont go there very much because i know that its a trap. Its a web. [inaudible] its a waste of time. But if they dont respond to calls or emails, well then youve got to do something she was ranting for 20 min. About the catawba when she saw was there she screens, what are you doing it. I walked out. It was just bizarre. Similar in the permits office when she dropped off those fonts on march 23. Looking at theo god, 32nd okay, to address the allegations that have no merit, fake addresses, they did not provide any evidence of it. I dont recognize those addresses good fake names. No, not true. Im quoting from a civil grand jury report of 2012 that documents the Arts Commission addictively howard was our refuses to communicate with people. Im sorry your time is up but youll have time during rebuttal. Thank you. We can hear from the Arts Commission now. Good evening and welcome thank you. Director thank you for taking the time to review our response to appeal number 17013 and sit for the opportunity to present our position before you. Im going to highlight key points from the brief we submitted to you last week. The ordinance which created the Arts Commission street Artist Program was designed for persons the commission licenses to sell the art they make. Staff has previously refused permits to pablos detached and others because results from investigation show they did not actually make the items they sold. The voter adopted ordinance opposition l provide an actual residence address in addition to a Mailing Address and an actress with the artist creates the art to be sold. This is not only necessary for sending important notices to an artist, but its vital that satisfying the ordinances required to do in onsite possession of the Artist Studio or workshop to their further verify whether the artist is creating his or her work. In addition command pursuant to legal precedent, the government is allowed to require an applicant to provide a physical location where the applicant stays. In this case, she would have at least a temporary residence to store her physical property when she is not selling on the street. Ms. Detached, as students we provided a real address for many years. She is taking a bandage of the confusion regarding her address to avoid enforcement of street artist rules and regulations as well as to avoid service of restraining orders related to treatment of Commission Staff which at times rises to the level of obsessive and frightening harassment. Ms. Detaches prior indolence actions of submitting applications and fees and then withdrawing them has resulted in the Commission Staff physical return of payments because of a lack of address. Given her long history of inaccurate representations of her address, the board should not automatically accept as true the statement that she is homeless. In denying if she went to the street artist certificate the Arts Commission is exercising the authority granted to it by section 5 of the voter mandated ordinance which provides for denial issuance when quote charges of deception resorted to in obtaining the certificate or any other violation of the applicable provisions of the San Francisco municipal code cabin filed with the commission. As part of the implementation of a Feasibility Study to improve the program the commission has hired a market manager to spend more time to ensure program compliance. The Accurate Information of the artist addresses as required by law will allow the market manager to spot check the artists and resulting possible studio visits to verify whether or not the artist creates their work. However, when someone tries to hide the location as ms. Detach has done, the market manager must expend in an organ amount of time to do the most basic of investigations which results in limiting the commissions enforcement effectiveness. Ms. Detaches not about street artist license for number of years. She nevertheless continues to sell items that she does not make from a table on the street in various locations. It is the peddler permit managed by the Police Department the cupboards for our kiddies with respect to those items and not the street artist ordinance. We believe should not be allowed to take a huge amount of resources that we better spend great. Nor should be allowed to flout clearly defined and requirements for application. In closing, granting mr. Teshs appeal would adversely impact the Arts Commissions positive progress to improve the street Artist Program. It undermines the credibility and integrity of the Program Encourages a lack of compliance. We respectfully request the board to deny the appeal. Thank you. Thank you. Any Public Comment on this item . Seeing none, then we will have our rebuttal. Ms. Toubro. Once again rebecca krill has confused the application process with the screening and permit process. In the application process, i was not asked for a home address. Had every opportunity to ask me. By drudging up 20 years of past history is not fair and its not relevant to this thing. Most of the information is they dont have any evidence to support their claims. The application process is clear. Providing a home address. Theres no such thing as an onsite check. Its not in the ordinance. Its not in the bluebook and its not in the police code. This is another invention of the Arts Commission. They do not show up like her role officers or eyes in the middle of the night and you open the door so they can inspect to see if you made stuff. It doesnt happen. This was an excuse. Basically, i have never been issued of violations. In fact, its been the contrary. In my brief i showed a series of hearings that ive won because they have not been able to demonstrate proof with the socalled restraining orders. Ive been doing Public Records researches for 20 years because i expect this whether out of the country, out of the state, i always do Public Record searches. When something pops up in San Francisco i know who to call. Dwight moore of City Attorneys office. In every situation i did not so it wasnt a matter of being me running a way of avoiding detection or anything for that matter. Once again, those sites provided by the City Attorneys office work against them. In all three instances, the people won the right to vote because they were homeless, because one gave an address of state park in santa barbara. April the. Gave an address of the park and its the truth in my case. Nobody bothered to ask additional provision in any ordinance any police code or any bluebook that talks about the things ive talked about. They just dont want me to have that permit. Thats all it is. People do not be a good way johndigit if you recall, out of nowhere stalking and harassing you let someone has filled his ear with a lot of fake news. Thats what happened here. I have a question. So do you have a home address . No. But pursuant to the appellant cases that were cited here i would be willing to say once again, i was never asked for home address. Okay. The next question is, when is the last time that you did have a valid street permit license or vendor license . I dont recall. I dont communicate with them and i donti keep records of legal things, of emails. I dont know. Theres something called a priority reissuance. Theres freezing a permit. Theres lots of things that they do that are not written down. Those opportunities were never offered to me and when sent emails i never got a response the last question is, what is the product that you sell and do youi veil handmade by you . Everything i did was hand made when i was in the program. I work with feathers. Okay. Thank you. We have rebuttal time from the Arts Commission. We have a copy of a application for certification filed by ms. Detach on december 26, 2015. A copy of it is in your packet we submitted last week. Theres a request for residential address on the application and ms. Detach it up at homeless. She put 150 center st. Address which is not a resident address. I dont have any further comments. Happy to respond to any questions you have for me. The question am i have is how often does your department make inspections on vendors in regards to if they make the products . Or not . Usually investigation based on complaints that been filed or on observations made by the Advisory Committee members to do the monitoring should so it really depends what information we receive. So how often and when is the last time you recall that inspection had been done . Of the studio visit correct. Theyre done on a regular basis. So i mean, theres done on a monthly basis. Okay. Thank you. Another question. If she had written homeless, what would your department [inaudible] i understand now from the City Attorney, because weve now got some Legal Counsel with that situation because is the first we have heard about her being homeless and i didnt inform that the government can still require a person to give us a location good so its not a residence address because there homeless it would be a street or an intersection on where they can be found. In her grief she referenced a number of other street artist who had unusual addresses and residents. Are those verified by your department . Weve not had the opportunity to verify all those good we have requested residences addresses from all the artists because we are now wanting to step up our enforcement in the program. As part of our efforts to improve the program. We do feel like this is a very unusual special case where because of all of these other related issues with ms. Detach, its especially important that we have an address for her. So the appellant says that there is no required for a home address and that you are mistakingmistaking the applicationi hope this get this rightfor the program and the application for the permits. That there is no come in requirement for a home address on both applications. She saysand so is that so . I dont have the applications in front of me sure. What i have in front of me is the application for certification. That is required before a license is issued. If an individual is participating in the program they dont need to read like they can just request that the license be renewed, and that doesntthey dont need to repeat the application process because the Department Already has enough of their information on file. So would only be have some kind of change. So the initial application takes care of the permit information . Right. Exactly. Then there have to be reissued. Okay. Secondly, the statement was made that there is no place in the rules regulations, anything anywhere, that says anything about the need or the option to inspect and verify that a street artist is selling their real art as opposed to something made offshore which ive seen many times unfortunately in the city of San Francisco or by somebody else. We are in the rules and rags does that specify and give clarity to an applicant like the appellant . Sure. Thank you for asking. So i actually disagree i think the whole crux of the law that was passed is based on the notion of the artists making with a cell because the whole reason the law was created as a result of this Community Effort for folks art, artists to be with to make with this on the streets. So that was really the whole impetus for the law and so its reflective of the law maybe i did not get my question the examination . These discussion is not whether it was made not by the hands of the artist. That is implicit and thats understood. Weve heard that before on this board but, rather, the requirement to make an inspection to insure an artist is making their own stock. Sure. Theres an entire mayoral appointed body called the Advisory Committee street artists and crafts examiners. Thats their whole job is to screen the artist and inspect what they make to verify that theyve made it. Does that process occurit would seem to me that it would be logical if that process occurs at application time. It does, but are also on the street doing field inspections i understand that. Because thats how we found out about the stuff thats on the street is not made by the artist. But, in the appellants case, has anybodydid anybodyfrom this Advisory Committee screen the appellant to ensure what her product was and that she was making it at a location and that it was, in fact, real art . Yes thank you for asking i believe she was screened many years ago. She has been in and out of the program many many times over the years so i would have to check our files and are records for the times when she was screened, but she would have been over the years. Isnt the first up the application. The certification process you have in whatever else you have in terms of the interview and other things, that occurs after the application exactly. Thank you. Commissioners the matter is submitted. I have a question for City Attorney. What is [inaudible] i can hear you what if somebody writes if somebodys place of residence is on hold . Have to give a corner or approximated area. I am asking our City Attorney, is that by law a beagle place of business on an application . I agree with the cases cited byin the Arts Commissions brief. That in the context of the registration the courts have said the government can require a person to list some physical location, whether it may or may notit doesnt have to be a physical building. A place with a person can be found. So if ms. To go read those are application that says im homeless and puts a place whether its a park does that qualify her . Is a place of residence . Then i think that could be sufficient to set aside the ordinance. I think the Arts Commission has agreed to that. I think that was a statement they made on their brief understood. I want to followup on a question to the City Attorney. So, if we find today that if we deny the appeal, tomorrow can the appellant walked back and ask for an application, fill in an address, or a location, satisfy the needs of the Arts Commission and be assured she will be dealt with fully . Typically, im sure you are aware section 31 of the business and tax code would bar an application for a permit after the been denied for one year. There is an exception, however, that if the permit was denied by bees and of definite existing conditions, which prevent the granting of said permit, instead of conditions removed to remedy the oneyear prohibition against application will not apply. I think in this situation, if ms. Toubro were to provide an address that met the requirements under the ordinance that might fall within the definite existing condition exception to section 31 of the business and tax code. In which case she could reply without having to wait for a year. Okay. Crates. I think one of the issues that is obviously there some frayed emotions on both sides here. In fairness is what we try to do here. So i think regardless, if we do find not in favor of the appellant, i think we always try to provide a remedy to allow that to happen. So i want toim not projecting one way or another i would make a motion. I think ill let somebody else make a motion but i want my fellow commissioners to understand when they go to make a motion with the sure id be one way or the other and,or, if we find another question before you do that guy ask who decides on that interpretation . In other words, is it the Arts Commission . Who decides whether or not its i think ultimately, say, if they were to deny the permit because it falls within the oneyear bar, and ms. Toubro appealed that it could be a decision that you would make again. Can i ask a question related toi asked the question related to if we deny the appeal. I like to ask a question if we uphold the appeal. And condition it with the need for ms. To bow to provide a home address and sure that things that are the issues inon the table here. Could we find either way and give the appellants the opportunity to clean the slate and redraw it so to speak . I think you could grant the appeal on the condition that ms. Trudeau provide addresses that comply with the code. I would also point out, though, i think it was some discussion whether being the second step in this process, which is not been completed which was reexamination of our artwork. There may be another vector be another condition that could be another condition of the granting of appeal in which case would go back to the Arts Commission and of a denied you might want to clarify that if they ultimately deny the permit on the basis of the artwork not satisfy the examination portion that out within still be appealable to the board. Actually a question for the department for the commission. Weve heard several times regarding a restraining order. With the restraining order to and from and for what . Sure. I believe them theres been several over the years. Ive been with the department five years. I believe the most recent restraining order was from commissioner scolari against ms. To passion. Okay. Thank you. I been here over and this is been the force 34 times as well. Thank you. [[inaudible off mic] im sorry please [inaudible off mic] please you are not helping your case here. Youre not helping your case reviewed please, be quiet. Thank you. That made it easy. Would someone like to make a motion . I am leaning towards allowing her to submit an appropriate application. Not necessarily understanding or guessing whether it will continue any further than that, but i would also say that historically, any permit that has shown a change to it and the amount of change is not on quantifiable does illuminate the oneyear bar. So, i would be inclined to deny the appeal and allow her should she choose, to submit an appropriate application. I have been on the board for over four years. I think shes been before this board. This is either the third or fourth occasion. This board has leaned with her on all four occasions. I believe so. You know, what i meant by my comment earlier is if her outburst and her lack of decorum on televisedi can imagine she would be in a closed room without a camera to the fact that i asked her nicely to, to please Pay Attention to that, it meant nothing to her. So i mean, depending on what the other commissioners are going for, this isi think she shows really well when she gets here and literally she just fell apart. Why dont we proceed equipped yes i would support the Vice President s position with the clerk occasion that she the one yourthat she could file again within what. Of time commissioner . Any period of time just theres no bar of the oneyear ban so the oneyear ban would beso tomorrow she could walk in . That is right unprepared to support that. Im prepared to support that. [inaudible] its not the first time. Thatsi will make a motion to deny the appeal on the basis that the application was not properly sent out. With the additional motion that the oneyear bar would be waived in this case . If we condition it i have to grant the appeal. So you dont want to grant the appeal not necessarily. So what your motion . I am a little confused. I mightve misunderstood good can you repeat your motion again, Vice President . My motion is to deny the appeal on the basis that the denial of the application was properly done. But if you i have an aside. I would consider placing a designation that place of residence on a new application would be a substantial change. Are you confuse . Im not sure if you are ready to call the motion. If you are i will try to do that yes can i get clarification from the director . Commissioner wilson are you ready for the motion to beard . Ps the Vice President has made a motion to deny the appeal, hold the denial the certificate on the basis that the application was not properly filled out. Okay. Thats the motion. On emotion than honda aye wilson aye swig aye. That motion does best with a vote of 40. Thank you very much. We will move on then to item 5 eight and fivebe the appeal number 1701 one and 17012. Filed by johni guess the department of building a special with Planning Department approval having to do with the property at 153155 arkansas st. Both are protesting the issuance on generally 17th 2017 to jc sf investments lp of one of a demolition permit to demolish a threestory onefamily residential building in the other of a permit to erect two stories, no basement type db2 family dwelling. We will start with the appellants. Please, step fo good evening and welcome good evening. I am appealing the permits a demolition of with 153 arkansas st. Because there is an investigation going on by the antitrust division of the department of justice on the auction of the second lien on the property at 153 arkansas st. Involving clay clifton. On october 3, 2012. Because craig liptons previous guilty plea of auction and conspiracy to commit mail fraud on october 27, 2011. Regarding real estate option. So the department of justice [inaudible] is now investigating the property of the sale of the second lien and auction of 153 arkansas st. So im asking the board to hold off on the demolition of the property until the investigation is over. Are you finished, sir . Im sorry. Keep going, yes. I was waiting on word from tim fry of the Historic Preservation Commission Also appeared ive not heard back from them yet. Are you done, no . Yes. Are you disputing the ownership of the property . Yes. I am trying towelders investigation going on on how the property was auctioned off and how the bid was onewon. And thats being held by the entire trust division by the department of justice. So maybe you can clarify a look at 40. Going to the presenter was a lot of reefs, regarding this, the person that acquired your property off the second note has a court case before the state or federal. Is that specific to your property, or is it for another property . Im trying to get some clarification, sir. I believe this case is dated before he obtained 153 arkansas st. But when i spoke to the department of justice they were not aware of him they told me they were not aware of him bidding on 153 arkansas st. So they are investigating that as well. So when did you have that conversation with the doj . Well, my first conversation was with the Senators Office [inaudible] district when i met with jeff sparks. District director. And my conversation with the department of justice was just a few days ago. This has beenim sorry im not trying to question, but this is been going on for a while, sir, why would that call to the doj only be a few days ago . This investigationno. Let me take your time. Relax. I first contacted the antitrust division when david ward was there. A few years ago. But hes no longerdavid ward was the attorney following the case that he is no longer there. So, now theres a person named tom greene. He is a new attorney on that. I have been going back and forth with a lot of departments on this. I was waiting and i had not heard anything. Are you currently living at property, sir . No. , i am not. Thank you that answers my question. Your time in the rebuttal as well. I just want to characterize it properly. So, what i got from reading all this up is basically this. You felt that this property was acquired inappropriately in a fixed way, in a prevented you, or somebody else, from purchasing it in a legal and just fashion . Is that basically the discussion then . And one of those persons that might have bought it in a legal and just fashion couldve been yourself so that you could keep it in your family . Is that what i am hearing . No. Thats not how were planning on doing we were not bidding on the property. We were talking to the bank and they were modifyingthey told us there were modifying the loan the second lien because the First Mortgage was up to date. It was a second lien on the property. My son, ray, was working with the bank to modify the loan. But theres a thing called [inaudible] tracking that happens. One department is working with modifying a loan where the other department is foreclosing on that loan. So we do not know. We were under the assumption that everything was okay and that they were modifying the loan. Until there was a notice put on our door and i called my son and he said, no, that has been canceled. The sale was canceled. Of the auction was canceled. So that was my understanding. So, this tracking is now a legal but two months after this happened. It happened to us but the law went into effect two months later. Are you done, commissioner or another question . Yes, the please. So when im confused at confused here is this home is not included in the lawsuit. You said yourself, not included in the lawsuit, which is currently in the courts related to the integrity of this mans actions. So how is thishow is our action one way or another, going to solve the problem . Okay. Say, for instance, the investigation by the department of justice finds out that there was something illegal done while he was bidding onmy family home and its demolished. What am i going to do with an empty lot . Thats a very good point. Thank you one more question can you said your first loan was current . Yes b was huge only the amounts if you remember what your first loanwhat the amount was for your first loan and with the amount was for your second loan . About 575,000. Around there. The second was 101,000. Okay, thank you, sir. Thank you. You can sit down and will hear from the permit holder. Good afternoon. I did prepare a very short brief which i did not file on time. A one page with a couple of exhibits that have to go through it. State your name for the record spews my name is david estes, im sorry. Im happy to hand a onepage summary of the facts together with two exhibits or i am happy to go through you can go through it and you can put it on the overhead. What weve learned in the last few weeks the department of justicei mean this is having her what i just heard, the department of justice has not identified if in fact the doing an investigation the idea that someone can call the department of justice as a commodity investigating the matter is factually inaccurate. I think that sort of line of reasoning takes us down a rabbit hole which i dont think any of us want to go because i can assure you there is no pending department of justice investigation. The was a matter that was settled in 20112012 before this event occurred and with his counsel, he was able to continue his business. The idea that there are some Ongoing Investigation is entirely false. But as to what we are talking of today come i think theres factual issues second the demolition and erection permit we heard pursuant to the appellants brief. What we are doing is throwing a lot of mud in a direction which i understand you dont have good facts, [inaudible] it is very sympathetic situation. What the real facts are, mr. Has a right to pursue an action in state court. He can pursue an action in federal court judge in that hes indicated he would and can go get an injunction to an extent he can get an injunction and no one is discouraging him from doing that. That is right and he will say he will avail himself of that. As whether the lien was valid or not out the Title Committee determined it was about. The title, he determined the lien was there. So the idea there was an invalid lien and improper foreclosure is incorrect. Mr. Was provided opportunity to pay off the loan. In californias foreclosure process takes approximately 120 days in which notice was given. So he had an opportunity to two dude defendant did an opportunity to continue to pay on the second lien which was 100,000. So having made on Monthly Payments the foreclosure would have been stopped in here brought it current. That was never done. After the foreclosure, mr. Lipton on behalf of the buyer found out this it happened he offered, after a bout foreclosure, to sell the property back for a 108,000. He bought it for 102,000 and taking subject to the senior lien, actually out of the goodness heart he had offered an opportunity to acquire the property in which ive never seen in my any years doing this, buddy ashley said, here is an opportunity that you can buy it back. Finally, mr. Who is a tenant in the property, he conveyed the property to his son and his son had gone out in part 100,000 on the property and the sun had not made any payments. The suggestion that the bank was modifying that deed of trust, i get to see a second lien holder modified but taking him at his word that was a modification, we certainly have not seen any documentation to that. But mr. Is living in the house. And in a muffled retainer was brought against him following our clients rightful taking of title to the property and mr. Represented by counsel, sign the stipulation teared up when i had and agreed a full release with respect to the property and also accepted a 10,000 payment in consideration of giving his full release and is vacation of the part i find it somewhat disingenuous now to say, the 10,000 i took from you now coming back in and, by the way, heres what i really want. I think if you cut to the quick, hes got an opportunity in a court of law. I dont think this board, inc. Makes determinations with respect to the adequacy or foreclosure notices or pending litigation may or may not exist because i think that farit goes beyond i would think with this board would be comfortable viewing. With that i was likely request to go ahead and confirm the demolition permit and the permit to build the two units and to the extent you have any questions am so happy to answer questions. The applicant on the permit represents the owner . Yes. The owner provided the appropriate documentation to allow an agent . To allow the agent to do what . To file the application . As far as i know ive not heard theres any inadequacy and the filing of the application. Thank you. Mr. Sanchez. Thank you. Planning department. The subject property 153 arkansas located within our hiv three zoning dispute subject permits were submitted in august of 2013. Underwent neighborhood notification in march and april of last year. There were no discretionary review requests filed. It does involve the demolition of the existing singlefamily dwelling. It was reviewed and applicable requirements for demolition of an unsound building and the apple can did provide materials that satisfied our review that found the building was not in the soundnessdid meet dishonest criteria the planning code was found to be unsound allow for administrative review of the demolition. During the application process is also represented that the building is vacant and that seems to be the case. Did not heard anything to the contrary this evening. All the materials i have in the file appears that the permits were appropriately reviewed and approved and none of the matters raised in appeal this evening seem to relate to any planning or landuse matters but am available for questions. Thank you. Does lanning normally all the demolition invades [inaudible] correct. He was has that been issued here . Yes they have the demolition and new Construction Permits of those probably filed where both were issued together. This building doesnt bother under this work for any reason . No. Its not a Historic Resource and demolition approval. Okay. Inspector duffy. Good evening commissioners joe duffy dbi. Both Building Permits for demolition of three story Single Family residential building. The army was filed in august 2013. It was issued on 17 january, 2007. [inaudible] on january 27. Both the type and for the demolition permit. You can the new Construction Permit was filed during exactly the same date and issued together with the demolition permit on 17 january and suspended on 30 january 2017. Both appeared to have improperly issued and approved by dbi. The contract for details is appears to be that of the owner as well. Craig lipton [inaudible] San Francisco. And according to the city assessors records, in the dbi system, the owner is tag like Production Llc and im a 38 tanner st. , San Francisco. I just thought i would mention that. We do have one notice of violation on the property for a vacant tilting ordinance and that is has been issued by the department. We have not brought any further. Its just the notice was issued in 2015, which is pretty typical for a building thats vacant. I am available for any questions. What is a vacant i mean, why would you issue a notice of violation on a vacant building . Because with a vacant building ordinance in San Francisco under the San Francisco Building Code. Theres a seven and 60 471 65 annual fee for any buildingyoure supposed to register them and if you dont register them then youre subject to a notice of violation from the department if we find out that the building is in fact vacant because theres a demolition you can do construction and probably have it enforced because they know that theres a Building Permit in place to eventually demolish and construct a new place i learn something new every day. Thank you inspector duffy. Mr. Duffy, how far do you check ownership records in terms of who we permit applicant is . I heard you asking the question during thedbi goes off the city assessors records. Its called property [inaudible] in our system. We can look that up yet thats what i did in this case. When you apply for a permit and the contractor can apply for the permit in this case, if you can apply for a permit for someone elses behalf, you would need permission from the owner. If youre not a licensed contractor. So you would be an agent for the owner in essence. I know the process. Just some years back yes. How do you prove you are the owner . Id. If youre the owner, believe you have to have some documentation wiki. Except contractors they dont accept architects . Yes. Theres a lot ofa lot of criteria and i dont work in that division but [inaudible] just so you know there is a criteria. I have on occasion seemed permits improperly issued. To someone representing that wasnt done properly but im of the understand that the Central Permit Bureau theres any stringent requirements on checking numbers, issuing the permit to the proper party that all comes in the profile study yes thats exactly right. Yes. A lot of times when theres a seller property its not always for popped manners theres obviously the issue of the old owners details being in which case you have to prove you purchased the property in order to pull your permit the city assessors records are not up to date. But, i think that in checking them pretty well. Thank you. Thank you any Public Comment on this item . Seeing none, the of rebuttal starting with mr. The appellants. I wonder if the people in the audience know that the last case on 19th ave. Has been withdrawn . It will not be heard. Go ahead, sir. At the time all this happened i had a bad brain injury and still being treated for it. I was also in a wheelchair. Also, the neighbor at 151 arkansas st. , i was told, he is a lawyer. I was told he was fighting the demolition. So i cannot really do a whole lot because i was doing with a lot of medical issues. I could not make a lot of good decisions at the time when i was in court being evicted from my familys home. There is an investigation going on. Contrary to what the gentleman said earlier. Its being held by tom greene at the department of justice. Lets see, what else. At the time, he said that i signed a piece of paper in court with craig lipton and i agreed to move out with some money but i was lied to. There was a trial. The judge set it for trial, but he said we want you to go through mediation. Here i am, sitting in a little red with a mediator and some other person craig mallory, but as i said i had a brain injury, which was pretty bad and still being treated for it. I did not know if the time when i signed that paperi did not know this criminal charges. I wouldve went to trial and thought it. I wouldve had my day in court. I wouldve fought for that house because i put everything, my whole life savings, into that house. I dont think its fair for someoneyou know they should be honest with you good if i go to court unexpected honesty. Im not expecting some lies to come at me. I would have never signed a piece of paper for 10,000. I wouldve had my day in court, which there was a trial coming up. Not only for the objection, but for title of the house. He said that he offered me to buy by back for 108,000. He gave me 2. 5 days and im sitting here in a wheelchair. Then, i called up my cousin. He was going to do it but i asked mr. Lipton if i could have more time. He would not give it to me. I needed more time to give 108,000. So i would not come here and lie and tell you theres an investigation if theres not. I have a 13yearold son. I was hoping to give that house to him. So im just waiting to see what the department of justice says. When i spoke to him he said it was going to dig into it. He said he was not aware that craig lipton bid on that one 53 arkansas st. The whole time i thought they were. I mean a whole bunch of emails back and forth over the years with the department of justice. City hall. And a lot of people from city hall. Spears are you done, sir . Yes one question is when you went into mediation, due to legal representation . Yes but this person that was representing me stepped up in court at the same day and said, i will represent them. He said i just want to see whats happening. Okay. Thank you. Exact words were you want to see always playing out. Okay. Thank you very much. The trustees, you have rebuttal. Again we find this very sympathetic but it has been five years. Here is a copy of one page of the Settlement Agreement that was negotiated with a handwritten comments, which said everything is fine except you need to pay me 10,000. Here is a copy of the settlement that is signed by his lawyeri dont think the practice in the Legal Community as far as i know is to question competency whether real or imagined obligations of a lawyer so i dont think it was up to mr. Levin whether the lawyer representing him with the correct lawyer or he couldve had a different lawyer but i was signed at the bottom there by his mr. s lawyer. So he was represented at that point in time. As to whether or not it was enough time the idea that you would actually offer someone to buy property back at a foreclosure sale, again ive never seen that. But it was an email offering to do that. One could quibble over the time but to my knowledge, was no response to its. In subsequent to that, the Settlement Agreement was reached and a 10,000 was paid and again was five years ago. Finally, this idea that theres a pending department of justice investigation is i think we still called poppycock. The idea department of justice calls up and says that these are the people we are investigating today is just without merit. I know we stretch sometimes and we dont have good facts on our side and have a motion on our side, but i can unequivocally state theres no pending investigation of mr. Lipton. Thank you. Sogo ahead. So was it that you only get 2. 5 days to raise over 100,000 . By the grace ofonce the gavel goes down at a foreclosure sale the sale is done and theres no ability to pay off. What you have is when under 20 days from the date excuse me you have no major mortgage payment they send it again and again. They may give you a 90 day notice that says i issue is very simple. Did heyou said there was an offer to buy back for 108,000 . Yes. Was the offer only on the table for 2. 5 days . Thats my only question the offer was made and not counter. As im sure we all know people offer youre not answering the question, sir to my knowledge it was it was two days. Thank you you mentioned earlier theres no doj pending investigation. Your client has a believe something in the brief theres no Upcoming Court times or anything . There waslet me go back in time. In the midst of the foreclosure crisis, there was the question is i need to answer because there is a historical component its a yes or no. I asked at this point is your client of any Upcoming Court cases regarding this type of practice . Is entered into Settlement Agreement with the department of justice. Hes cooperating witness in connection with ongoing matters that are still open. Is agreed to pay 13,000 in restitution. Its not otherwise restricted from doing anything so is no court case coming up if youre cooperating witness, you dont actually sentence until the actual case they are cooperating on is settled such that you cant be used in the crossexamination tuesday did you testify in order to get this sort of a flea. They keep the plea open. Its now been five years but that has been open when is this court case coming . I believe its been pushed back to november of this year. Okay. Thank you. Any of the questions . No. Thank you. [inaudible off mic] no. Anything further from the departments . Okay. The commissioners, the matter is submitted. Matters, plural. Actually, commissioners of i can listen to the permit holder has to make a comment without the okay . Sure. Please stepped to the podium come assert. Please sailing thank you my name is craig lipton on the one i purchased the property. After i purchased the property we do not know who is living there and what the situation was. I was able to crack down mr. His son and he explained to me that he had taken a second loan on the husbands father was not aware of it or might not have been aware of it. At the time and that his dad was living there. It was a situation and so i did offer his sons opportunity if they wanted to pay for the house at the time it was 102,000 that i would be willing to deed the property back to them and i did this with annexation emails with his son because i cannot reach tom. When i went over to talk to the owner to talk what the situation, the document, he opened the door and mr. Student in my partners face. We do know at the time who was living there and then the sun had told us that his tenant living there he do not toss it was his father. So those a lot of back and forth and finally when i found out it was father to a private investigator i offered them to buy the house back. Because give me the money back and you can have a husband whose time was what i paid for. A couple months that gone by. Maybe it but definitely 3045 days we started the eviction we started the process. The raw making a deal with us. Then the sink them back to me and said, okay we will sell the house ourselves and give you the money back. Well keep the profit denies it, doesnt work that way. I said, now weve already started the foreclosure process eviction cost. Father stop incorporating. We lost that money olees i spend money on the private investigator. I said, if you guys really want to do this, i will still give you the opportunity to pay me back when i paid for it all deed you the house that are marketed to be an opportune to go out and hire broker and sell the house. And profit off it at this point. So, i did february and i never heard from them again. So that isis not this idea was that today take it or leave it. Its not at all factual. So essentially, thank you. The question is whether the permit is valid and i find it to be valid. I also agree. Is quite a bit of greece as well as, its a hard story. But the reason what i asked with the first was on the second was, we are totaling close to seven or 8000 and this person had got it for 108 and was way to wipe the slate cured or he got it for 100 and willing to wipe off the slate for 108,000. Basically remove the first four 565 from the original owners. Any personally i think this is doom and gloom type of transaction but the person actually offered it back to them. I mean, i love to be honest with you i love to be mad at the permit holder but at this point i think that it was a fairly generous offer and i would agree with by commissioner. But this is a really hard case. Its a tough case, but what is before us is the validity of the permits. Im going to move to deny the appeal on the basis the permits were properly issued. Both appeals and is that correct yes the motion is to deny both the meals that uphold the permit on the basis that they were properly issued. On that motion, honda aye wilson a reluctant aye. Swig aye. The motion does carry a vote of 40. Pres. Harnik is no further business before the board. Thank you everyone. [gavel] [adjournment] clapping. one of things that makes me the happiest to introduce the mayor if makes me happy they inspires me a lot of my career can we make a dent if homelessness our mayor is a mayor for all people didnt just say that but acts it everyday hes looking each one of us having value mayor ed lee thank you for standing with san franciscans and a leader for all of us. clapping. well, thank you carr are good morning, everyone. Good morning you know they started singing i was wondering in if i have the energy and i remembered hamilton it had in town everyone has the infection everyone is here for project homeless connect the 67 times 67 times. clapping. weve brought people together in our wonderful city and you know many of us i saw the hands go up the first time i know how it would have in your minds youre walking through the streets and neighborhood corridors and see that you hear it can sometimes you smell and interact and see the needles you see people and ask ourselves how can this city of riches and you know all kind of the Development Going on allow this to happen and we say to ourselves if so gotten more complicated than one sees with the naked icy know thats why youre here many of you are in addition to wanting the help you also want to understand what really is going on and for me as the mayor now in any 6 year having followed the work of gavin newsom who began those private right of action private right of action connects and began with programs like the carry no cash and making sure we try to direct our compassion but begins with compassion all of you are not here you think that you can help to solve homelessness you dont know as i did years ago what really has to happen because as you find out where people are from and how chronically for years they been on the streets youll release how for those days are a day when finally maybe you can get somebody to help with our hair cut, lava maze maybe a shower not for weeks or not be able to see a dentist and the pain in their mouth prevents them from thinking lonely and food and support maybe a counseling session with someone all of this in fact, one and 50 Different Services come through one roof for a day of private right of action project homeless connect it is an expression of your compassion we couldnt do that without the volunteers that come from every sector i understand that today, many people are coming from the cloud from companies that are working youre coming from the clouds and dropping in the best city from the world San Francisco to help people. clapping. this is what youre doing today, i want to say thank you. I want to say thank you because as you may know as well as i do those days across the country people are talking about things that divide us we in San Francisco we bring people together to solve peoples problems and well continue to do that and solis so long as im mayor, i want to make sure that everything when it comes to people that are hopeless begin with compassion and as we learn how to do things better that compassion guides us around Permanent Solutions thats why we opened up the first naebts when i said the shelter are not doing that for any of us in and out of shelters not doing that the idea of a 2345ek9 24 7 Services Save places dignity for people and then guide them in once they got all their benefits and support serves we love them as human beings and veterans and people with families as woman who have not survived do know and many of the challenges we embrace them with our San Francisco compassion thats what i love about the city thats what i love about the city and the companies that work for us the employees some of them are out through were trying to draw the employees to do the right thing and adopt San Francisco values if theyre going to be here it begins with all of you how youll express it by your you touch and attitude and your smile because that is how people feel welcomed and belonging and from the services and now ive gotten department to really understand their mission and their role is that we may not solve homelessness as a concept as a phenomena but every person we touch we ought to have solved homelessness for him or her thats our commitment in San Francisco so since 2011, weve done just that for over 10 thousand people isnt that an accomplishment for San Francisco. clapping. so i want you to know youre in a contest in a rolling contest when we touch people and getting them ready im working my rear off with jeff and Public Utilities commission and the Mayors Office of housing all of the developers in the city to provide a permanent supportive of housing we need to house people heroes and hearts in addition of people to be ready to accept that in order for us to help them off the streets while their on the streets yeah, well clean up the needle and have encampment recess luxury people and less violence it is a violent sidewalks you law u allow people to live on the streets weve 2k3w089 to get more people off the street not moving them from corner to corner and shelter to shepherded on a permanent basis thats why i need a city that is strong and clibt in the economics a strong city that is going to be a city that helps people long term im committed for the thousands of units of housing we have to have in order to bring people along this evolution of personal change whatever is bothering them there is a lot of things bothering people on the streets well get them there to the programs we have first, it becomes temporary than more permanency but along the way they know that San Francisco knows how to do this right and well and do that it begins with today with all of you and thank you for singing along they beginning but every person you touch no matter their attitude your smiles and offer of service and support it the beginning that is the most important thing from thereon the discipline happens and we lie people to really get back to what we would call a little bit more normal lives with shelter of permanent housing and Supportive Services along the way were figuring out things but not only agencies not only your tax dollars but a lot of companies and a lot of foundations have committed to us our vision their support us all the way rule see in the next few months some great announcement were already started with announcements we end veterans homelessness by the end of this year in San Francisco. clapping. our emotion and support for families wed like do something about that in a big way im not going to ruin that announcement by prematurely announcing it but a lot of friends thinking and planning and organizing around family homelessness and youth that need our help transitional age youth and the individuals that you see everyday that are faced with drug addiction and 34g9s and answers for them as well everybody is working hard youre part of team now thank you, thank you, thank you im so proud of San Francisco and just coming back from countries like china and hong kong and Environment Commission youre in the greatest city in the wormed they love our value of diversities they love our stance on immigrant they love our compassion for people this is what defines us this is what project homeless connect does and thank you for representing the best in our city thank read good morning. Today is wednesday march 29, 2017. This is a special meeting of the building inspection commission. I would like to remind everyone to please turn off all electronic devices. The first item on the agenda is roll call. President mccarthy. Here. Vice president walker. Here. Commissioner gilman. Here. Commissioner lee. Here. Commissioner warshell. Here. Commissioner commissioner clinch and commissioner konstin are excused. We have a quorum and our next item is item 2. Discussion and possible action regarding a proposed ordinance board of supervisors file no. 170202 amending the green Building Code to establish requirements for installation of electric Vehicle Charger infrastructure in New Buildings or buildings under going major alterations in addition to other requirements. Good morning and thank you. Thank you to my fellow commissioners for such a Quick Response in putting this meeting together. I believe some of you commissioners were not here last week on this particular item, commissioner gilman and commissioner warshell so its great that youre here this morning. We have in front of us a great piece of legislation that is on a fast track to hopefully be introduced to the supervisors board by april i believe, not knowing the full details which we can go into further. It was presented last week. Its obviously a really good piece of legislation. The spirit of what its trying to do i dont think anybody could argue with it and where this whole you know electric car and charging in the private sector and going and had a great conversations with some of stakeholder between now and then and everyone agrees. We had questions and queryos the legislation that we wanted to clear up and thanks to everybody they got together at the Mayors Office and clarify the issues that we needed implemented in the legislation as it goes forward so with that i would like to turn it over to madam secretary whoever is is it barry that is going to speak first . Supervisor. I know shes a busy woman so all right. Thank you so much. Good morning supervisor and welcome. Thank you so much commissioners to have this special meeting to consider this exciting piece of legislation in San Francisco. I wanted to be here to thank the Mayors Office and our staff and barry and our director debbie and jesse and Gilmer Rodriguez and everyone who worked so hard trying to address Climate Change issues, sustainability and how it is that we can reduce the Greenhouse Gas emissions and i think what has been produced and that is before you is really i think an elegant way to address this moving forward and to really push and continue to allow for the demand for electric vehicles especially from people who live in San Francisco, and just by way of background how i became really interested in working on this. I live in a multiunit building. I dont have charging infrastructure in my building and i would love to drive an electric vehicle and i think so many residents in San Francisco are faced with this same exact situation but were seeing in the market that demand is only going to increase. People are interested in riding electric vehicles and if you have infrastructure there i believe the demand will grow as well. I got many inquiries about public charging station and i am working on legislation to change over our city fleet to become also for light duty vehicles 100 electric by the year 2020 and so these are that will be before you as well later on next month but i just want to say we certainly heard a lot of good feedback around this legislation, but i would say overall this is the way to go to continue to push our consumers to go towards a more to provide a cleaner choice when theyre actually considering what type of vehicle theyre going to buy. Right now everyone pretty much thinks im going to go and buy a gasoline powered car and they dont think twice. We want to give them the opportunity to think twice over their decision and so i think that San Francisco should absolutely be leading the way on this effort especially when so much innovation and technology is happening right here and developed in the bay area so again i really am just here to thank all the staff who have been working hard on this legislation and hope we can all figure out a way to ik make this feible for all parties and together we can become a more sustainable city and world thank you so much so. Thank you supervisor. Good morning. Tyrone and the Senior Adviser for mayor lee and wanted to echo the comments and in face of the announcements yesterday by the federal government and will aring back initiatives trying to clean up our emissions in the United States legislation smart legislation like this is even more necessary because when we look at emissions data 70 are from the major urban cities so for us we need to continue to pushing on this front and i want to thank the leadership of president mccarthy for sitting down trying to work through these issues and director and the staff for working on us trying to develop legislation that works. It may not be quite perfect but offers a road map for improvements how we get to perfect in the future and thats what we have to strive for especially when it come to the the environment and Climate Change and thank the staff of the environment and building inspection and supervisor tang and everyone working on this legislation to bring it to this point so now i will turn it over to barry and go over a few of the amendments on the ordinance to get it on the record and discuss whatever questions you have so thank you. Thank you tyrone. Good morning members of the commission. Thank you for your time. As i gave a pretty long presentation to prior meeting we will get right to the point. The prior proposal oh i do have a slide was in summary a requirement for New Buildings and certain major alterations to have sufficient electric capacity to simultaneously charge electric vehicles at 20 Parking Spaces and in addition to run a full circuit to 10 of those spaces so that and would term that a turn key electric vehicle charging space because that the item is missing that is the electric Vehicle Charger. The second element was a requirement that 10 of the spaces either receive the same treatment full circuit or empty conduit if necessary and the option for the empty conduit running the full length was to provide flexibility which has been a theme of the ordinance for perhaps upgrading the amperage and some vehicles might be better served by a higher one than the minimum requirement although the minimum is copattible with all vehicles today and the third is ensure that the building had enough space for the electric equipment to extend the charging up to 100 of spaces and last an observation that fast charging would be a good option to ensure there is a trade off. The revisions based on considerable Stakeholder Feedback in the last week that we recommend that you consider are of course the same framework of ordinance but minor revisions so the same 20 electrical system capacity. The same 10 of spaces being fully turn key so a full circuit from the drkz distribution infrastructure to the parking space with the receptacle and eliminating though the second 10 that could be empty conduit and its a straightforward set of infrastructure that could be built out periodically over the life of the building or at new construction if the parties involved determine that is necessary to meet current tenant demand. You would still we got more specific about that we need to ensure there are spaces specifically install additional electrical panels and distribution infrastructure within the building as well as to have either sleeves or conduit so a sleeve just being a straightforward pen traigdz penetration where its more difficult to run it through the wall or other partition and last dbi would maintain a list of buildings subject to these requirements and that might be as simple as we just understand what the triggers are for the ordinance and we might have straightforward Online Access to existing resources, but all the same we need to it ties into the next item that we want to make sure that the infrastructure is put to use and so we suggest adding a requirement in the environment code, not at department of Building Inspections responsibility but environment to enforce the occupancy, the owner or the Homeowners Association and notifies all tenants in the building yearly there is additional capacity for electric Vehicle Charger and they know that the resource is available and best chance of putting to use. In addition a separate issue came up that in particularly in the valuable classive buildings and small residential in fill it can be impractical to have the transformer that maybe required in some instances located within the building and where its required and necessary and where it is infeasible to locate the transformer in the building based on the setbacks and other considerations then the preferable and necessary place would be i sidewalk vault. Of course the department of public works has for a number of reasons want encouraged sidewalk vaults for some years and this is a Building Code, so the temporary fix the maximum that can fit in this ordinance is a note encouraging public works to support sidewalk vaults in these circumstances where its necessary and acknowledging the importance of electric Vehicle Infrastructure as a policy priority for San Francisco. In addition theres some discussion about what is the specific level of detail necessary for Electrical Engineering for the Small Projects . And thats a consideration of the department of building inspection that is really separate from the specifics of the ordinance but the way the ordinance was written before when it came to you encountered that discussion so what were recommending is deleting a few words that didnt exist that were amendments that are not necessarily necessary that were in the state code and reverting to this language on the screen which is construction documents and then add this phrase anything Electrical Engineering related documents shall indicate so that word related is intended to provide suitable flexibility for the department of building inspection to determine the appropriate level of documentation based on the project size. Last just where is that . Can you point to which in the legislation its in there . That would be sorry to do that to you. I thought you had it in front of you. So the place that was it would be repeated by the way a few times but a good example yeah. Is 4. 1 lines one and 22 there is a red text about 17 or more units and that was a thats text were suggesting withdrawing all together. One more time. So page eight of the document lines 21 and 22 which are section 4. 106. Two. One which suggests moving all of the red text in that amendment on that line and going back to the original language that starts with the word construction. Construction document shall propose the ev spaces and the reason for the change so the 17 or more is removed . Yeah. And were looking at the one that wasnt changed and shall indicate the number of spaces. Yeah, its referring back to the code that didnt mention those and engineering and thats because this section deals with preparation for disabled access and so it was unnecessary to have that concept introduced in this section, and then the location to have that phrase Electrical Design related documents is in addition that is not reflected in your version but would fit on the section that begins in the last line of page ten, line 25 and mostly contained on page 11 which is in that section and multiple spaces required so that would be the opening phrase to that will be construction document it is including Electrical Design and initialing documents shall indicate. Thank you barry. I have a couple more suggestions from the department of public works but i could take more questions. Okay. So the department of public works has raised a couple of other questions which are relate to the intent of the ordinance is really if new Motor Vehicle parking is constructed we should ensure to provide electricity to those spaces and they pointed out that the language of the ordinance is potentially a little over broad thats its ambiguous and apply to where buses are stored and other use not intended so its the recommendation to add a definition of a light duty vehicle and a passenger vehicle based on common u. S. Department of transportation definitions to the ordinance so that in that adding that definition allows references later just to clarify that the point of this is where parking is provided that thats where the electric Vehicle Infrastructure needs to be. They also suggest in the non residential section, section five. 103. Three. Three clarifying that the applicability is to striped parking lots as well as parking garages for commercial buildings, and they suggest because the ordinance extend it requires all spaces to be ev spaces so to meet the definition of what an electric vehicle ready space is per state code that does include some slope requirements and they suggest adding an feasibility suggestion and limit the applicability of that slope requirement where necessary. And thats concludes the suggested additions. Commissioner gilman. [inaudible] [off mic] yeah, if you want to ask barry if its technical this is the man here. Barry or trevor im not sure and is there exemption for one heard Affordable Housing and we have layered costs that make it incredible expensive to build and i would extrapolate residents in the buildings and homeless and earning less than the total and buy parking and we purchase parking and they remain vacant and [inaudible] to Affordable Housing development. Sure affordable Housing Developers were the first stakeholders that we spoke with and you know we had a very good discussion and as well we had with the green lining institute and environment california and the California Housing Partnership coalition so also and of course the Housing Action coalition of San Francisco. The response across the board was one, we went what the incremental costs would be and that has been a subject of discussion and the bottom line if you have a very small number of Parking Spaces the cost is quite low and we demonstrated that in a lot of detail, and where theres been contention about the ordinance is where projects might be allowed to produce a large amount of parking where costs can be very different, and in so second there was the observation that if Affordable Housing doesnt have this type of infrastructure then youre insuring that the residents of those buildings would not have access to this type of clean transportation and so it actually all parties did agree it makes sense to apply to Affordable Housing and last you know the pragmatic level there is a limited amount of parking that is built at all so thats the bottom line. [inaudible] [off mic] commissioner walker please. Thank you so much for this. Its such an important part of the infrastructure that needs to be paid attention to. In looking at this, and maybe its even a possible solution for what gait was talking about when we have for instance like a public arts fee that attaches to a building they can either put up public art or put it into a fund to fund sort of more Community Infrastructure around art. And it might be a good thing to look at smaller buildings that go up and a fee that would attach or an option if a building doesnt have full access that they put into a fund that could fund maybe a public station in the same area similar to what we do with our arts requirement you know just something to look at as a funding for funding more public stations or allowing these private one to be used publicly for a benefit back to the owner or something, just a thought about incentives. There is some complexity of course to your suggestion but the spirit of is actually in here and on page 6 and continued from page five the section that just clarifies the applicability of this ordinance to both residential new construction and to major alterations lists several exceptions, and exception number one starting on line 12 is specifically for major alt altseration alterations and evidence and present a hardship and the director would have an ability to consider appeal to provide an exemption sorry to reduce the number of ev spaces required so its no longer a hardship or provide for charging elsewhere, so that discretion to negotiate is in there, but we didnt have without necessarily creating a large formal process. We do expect circumstances where its needed to be fairly narrow. Yeah. I mean it would be because if you have a station at a 50 unit building it serves them but not necessarily serve the broader and it might be interesting to look at that how you can broad ep the use. This is also looking at one element of a much broader system so youre absolutely on point so theres a lot of effort to work toward provision and improving just ability to provide electric vehicle charging to the public at city parking garages which have been the leaders often but face challenges in expanding that infrastructure currently partly because they werent built with this concept in mind and for other reasons as well, and then also theres robust discussion on better provision of more widespread and how to potentially provide electric vehicle charging at curb side or other public locations in addition to Public Parking garages but thats not the Building Code so its would be a different got it. Thank you. Commissioner gilman. And i apologize again i wasnt here at last meeting and this question and this legislation moves forward and adopted by the board of supervisors. Where is the project in the planning cycle now and they filed their [inaudible] but havent gotten it yet and how does it affect San Francisco construction . Sure so the state law is ambiguous and in the data code and for the ferment determines the publicity of all codes and that can include a application for site permit here in San Francisco. It might be for the fellow commissioners who werent here last time and tell us the time frame when you see it implemented would be helpful . Most likely june given the provided that the commission were to make a determination today, and the board of supervisors is i believe considering the the Land Use Committee is considering reviewing it on april 10 so continues through the process into the summer. Okay. All right. I think thats it. Thank you barry for the presentation this morning. I guess we also have a representative from dpw that came out at the last moment and dari talked about was this transformer situation which you know in to give you why dont you introduce yourself for the record. Good morning. Edgar lop ez for public works. Thank you mr. Lopez for coming out this morning but with regard to the transformer we had talked to a lot of contractors over the last week and that was the big one that kind of you know resonated with this legislation, and i think its probably a Good Opportunity and all were having is a conversation here this morning, and its great to have somebody of high ranking of dpw and we could set the table as it were for future discussions and one of the challenges and the smaller lots in the center blocks or lots traditional to smaller developments which could be anywhere 25, 50 units depending, and theres a lot of regulation that has to be followed particularly the pg e one is a difficult one and the green book legislation and a lot of the options that are open to them that you have to put this transformer within the building and you know its constantly evolving in the Building Code and changing and the means of egress now is a lot more sophisticated and a lot of criteria to meet so a percentage of any given building must go to life safety issues and so on as it should be, so traditionally and if not most of the times you know there isnt the feasibility to put the transformers within these projects and now i understand we have the option to apply and go through the process of dpw but it seems that sometimes the marker is you got to figure it out if youre doing a new building so were not issuing transformers because we need to see that when we basically can and with all the codes changing and our demands being ramped its hard to meet these criteria so the conversation would be particularly when trying to do the right thing here and this is definitely the way of the future, the electric vehicle, the charging and its taking up more room and more demand in our space. Were trying to work with you to facilitate a more easier process in the application to kind of say if youre meeting these criterias and demonstrating this is one of those sites its more automatic format that its given rather than lets go through the three, four month going back and forth and looking and when we know we will come to the same end result so that is some of the experiences they talked to some of the other contractors that its already obvious that we cant achieve that goal but go through three, four months now i know we have a seasoned commissioner familiar with dpw policy and i am looking forward how we will weigh in and more of a conversation and everyone do the right thing and as a department make that step easier for the Development Community easy dwrer when designing the buildings. Im sorry. Commissioner lee. Can i add one thing and what we were discussing at the last meeting and i ails did ask the also did ask the presenters to reach out to pg e, the Utility Company because it takes their cooperation to locate power for these projects, and sometimes theyre involved in deciding where the transformers should go. Its not just public works but pg e if youre in a corner lot pg e this is where i want to bring the power into the building. Thats the only location. Theyre stubborn about it sometimes and did we reach out to them and we need your cooperation and do negotiation and maybe a compromise on i location so that public works doesnt have to say oh no you cant put it there and pg e says yes, you have to. What can be done . Great question. Mr. Lopez. [laughter] i wouldnt be going too far. Go ahead. Well first of all thank you for the opportunity to be before you. President mccarthy you raised lots of valid points and were supportive of the ordinance and the amendments to the green Building Code and we would be happy to be participant and provide leadership and getting with the other agencies to figure out how can we be more supportive and streamline the process for these approvals when theyre necessary. We realize its you know sometimes might be technically infeasible to put them inside the building and we want to be helpful and part of the solution and we welcome the opportunity to work with the other agencies and the Utility Companies as well and happy to figure out an organized way to create a task force that specifically addresses this. I dont think we could ask anymore and administratively language and implemented to the code and administratively. Yeah. And a certain process. Did you want to yeah. Tyrone, Senior Adviser for mayor lee and they are aware of the ordinance and they have plans with that and this is in line with that. As far as the specific conversations and the transformers and the sizing and that conversation hasnt happen but great to bring them together with public works and have the conversation together. Okay. I appreciate that. Couldnt ask for anymore than that at this point. Okay. If there is no more comment from our panel for everybody coming out this morning. We will open to Public Comment. Is that correct madam secretary. Yes, i have Public Comment on item 2. Yeah. Good morning commissioners, president mccarthy, director, joel [inaudible] director of Sustainability Solutions for the San Francisco Electrical Construction industry. Im also a part time planning commissioner on thursdays. Thanks for hearing my comments today. I dont want to belabor the points i made two weeks ago. I wanted to touch on a couple broad aspects of the ordinance. In spirit this is where we are moving as a city. We have our Public Transportation infrastructure is to the extent it can be fully electric or hybrid. We are as a city promoting less people driver cars and more walking and taking public transit, driving emissionless vehicles and proud to call this city home because of its progressiveness and this is just another way were trying to set a trend and stand out as a city, so you know in spirit like i said the fact is less people are driving cars. More people are walking, bicycles and Public Transportation. More people are driving are driving hybrids and electric vehicles. I mentioned a Development Two weeks ago in which regular Parking Spaces are vacant and not being purchased and the electric vehicle vead ready stations are sold out and purchased by people that dont have electric vehicles yet and the trend is definitely headed towards people that will have a car its an electric vehicle so makes a lot of sense you know planning and you know looking forward and also construction wise i am not able to speak for pg e or dpw but with construction experience i can speak to that and when youre on a job site building a building it behooves you to always put as many conduits and raceways in the slap that you can. Theyre hidden. It takes less time to install them and the material itself is cheaper, so if im a job site i am running all the lighting and power and whatever i can in the slab in the concrete just because its more feasible so this follows that spirit as opposed to doing things the wrong way completing a building and then coming in after the fact when people want their charging stations and say oh we should have done this before. Thank you. Thank you commissioner. Thank you for your comments and thank you for your work on this. You have been helpful in our meetings so thank you. Is there anymore Public Comment . I see none. So madam secretary. Then you need a motion on the item. Commissioner walker please. Move to approve. Second. Okay. There is a motion and a second. I will do a roll call vote on the item. President mccarthy. Yes. Vice president walker. Yes. Commissioner gilman. Yes. Commissioner lee. Yes. And commissioner warshell. Yes. Okay. The motion carries unanimously. Okay. Our next item is adjournment. Is there a motion to adjourn . Move to adjourn. Second. Thank you commissioners and thank you all for coming out. We are now adjourned. It is 10 40 a. M. Thank you women sustainable future. San francisco streets and puffs make up 25 percent of cities e citys land area more than all the parks combined theyre far two wide and have large flight area the pavement to parks is to test the variants by ininexpensive changing did new open spaces the city made up of streets in you think about the potential of having this space for a purpose it is demands for the best for bikes and families to gather. Through a collaborative effort with the department we the public works and the Municipal Transportation Agency pavement to parks is bringing Initiative Ideas to our streets. So the face of the street is the core of our program we have in the public rightofway meaning streets that can have areas perpetrated for something else. Im here with john francis pavement to parks manager and this parklet on van ness street first of all, what is a parklet and part of pavement to Parks Program basically an expense of the walk in a public realm for people to hang anti nor a urban acceptable space for people to use. Parklets sponsors have to apply to be considered for the program but they come to us you know saying we want to do this and create a new space on our street it is a Community Driven program. The program goes beyond just parklets vacant lots and other spaces are converted were here at playland on 43 this is place is cool with loots things to do and plenty of space to play so we came up with that idea to revitalizations this underutilized yard by going to the community and what they said want to see here we saw that everybody wants to see everything to we want this to be a space for everyone. Yeah. We partnered with the pavement to Parks Program and so we had the contract for building 236 blot Community Garden it start with a lot of jacuzzi hammers and bulldozer and now the point were planting trees and flowers we have basketball courts there is so much to do here. Theres a very full program that they simply joy that and meet the community and friends and about be about the lighter side of city people are more engaged not just the customers. With the help of Community Pavement to parks is reimagining the potential of our student streets if you want more information visit them as the pavement to parks or contact pavement to parks at sfgovtv. Or the office of controllers Whistle Blower Program is how City Employees and recipient sound the alarm an fraud address wait in City Government charitable complaints results in investigation that improves the efficiency of City Government that. You can below the what if anything, by assess though the club Program Website arrest call 4147 or 311 and stating you wishing to file and complaint point Controllers Office the Charitable Program also accepts complaints by email or 0 folk you can file a complaint or provide Contact Information seen by whistle blower investigates some examples of issues to be recorded to the Whistle Blower Program face of misuse of City Government money equipment supplies or materials exposure activities by city clez deficiencies the quality and delivery of City Government Services Waste and inefficient government practices when you submit a complaint to the charitable online complaint form youll receive a unique tracking number that inturgz to detector or determine in investigators need Additional Information by law the City Employee that provide information to the Whistle Blower Program are protected and an employer may not retaliate against an employee that is a whistle blower any employee that retaliates against another that employee is subjected up to including submittal employees that retaliate will personal be liable please visit the sf ethics. Org and information on reporting retaliation that when fraud is loudly to continue it jeopardizes the level of service that City Government can provide in you hear or see any dishelicopter behavior boy an employee please report it to say Whistle Blower Program more information and the whistle blower protections please seek www. Govern everybody welcome to the San Francisco board of supervisors land use and transportation for monday, april 3, 2017, my name is mark farrell ill be chairing this our vice chair supervisor peskin as well as rv