Transcripts For SFGTV LIVE BOS Land Use Committee 20170227

February 27, 2017 will begin shortly. Good afternoon everyone. Welcome to the San Francisco Committee Committee meeting for monday february 27, 2017. My name is mark mark. I will be chairing this committee. I am joined by supervisor katy tang and supervisor aaron peskin is not in town today so we will take a motion to excuse him in a minute. I want to thank our clerk and sfgtv staff for covering this meeting today. With that mr. Clerk do we have any announcements . Yes. Please silence all cell phones and Electronic Devices. All documents submitted to the clerk and items will be on the file should be submitted to the clerk. All items acted on today will be on the march 17, 2017 board of supervisors agenda unless otherwise stated. Great. Thank you very much want mr. Clerk. Again supervisor tang, supervisor peskin be absent today. Can we have a motion to excuse him . Move to excuse supervisor peskin. We will take that without objection. With that mr. Clerk can will call item number 1. Item 1. Ordinance amending the administrative code to require that all cashout proceeds received by an owner for an Affordable Housing development supported in whole or in part for taxpayer funds shall be used for the creation, development and preservation of Affordable Housing. Colleagues our housing persists within our city and make sure every penny for Affordable Housing is solely used for Affordable Housing needs. Recently here in San Francisco a developer refinanced an Affordable Housing development which was funded with a mix of Public Resources made millions off the transaction and spent the money on dark campaigns here in town and well over 100,000 to candidates and ballot measures and committees over the years. To my this activity is outrageous. There should be never a perception that resources are used for political purposes and thats why i introduced this ordinance. When Affordable Housing Developers Get funds the funds should go to Affordable Housing period. I have no desire to take money back from the developers in San Francisco and i dont want to burden the processes. This ordinance is simple and straightforward and cottifies policy at the Mayors Office of Community Development. Affordable Housing Developers using fund for federal and state sources to fund Affordable Housing and as they repay off or refinance the loans and they can get additional funds or proceeds. As part the Development Deal a developer will receive a developer fee and deferred fee when finance suggest available. This ordinance requires that our Mayors Office of housing and Community Development agreements make sure that all proceeds are use of forced for the development of Affordable Housing and capital proves and acquisition of property for Affordable Housing, building new Affordable Housing or the payment Staff Required for the creation, development, construction or preservation of Affordable Housing. Again i want to ensure that any financial gains made from Public Investment and Affordable Housing goes back to Affordable Housing. To that end i have amendments i will be introducing after Public Comment that will make the ordinance more functional for them and the permitted use of funds. On page two i will address the language on the policy of restriction of use of developer fees. Page three expanded the uses of the funds to include resident or Tenant Service and clarify the definition of Affordable Housing and clarifying restrictions on developer fees and annual reporting of expenditures and proceeds, so with that unless there are comments i would like to mr. Chan do you want to speak at all . You can decline at all. Good afternoon supervisors. Amy chan from the mayors house on Community Development. We support the policy of pre60ing the cash did she commissioner karshmer Affordable Housing to. In our agreements and ground letses with this legislation we will codify that as you said supervisor and dmaik sure its in all of all agreements. Great. Thank you very much. Any questions . Okay. We will move to Public Comment. Anyone wishing to comment on item number 1 . Hi. My name is sonny and from want ub party and strongly in support of this. Obviously developers any Affordable Housing developer or any developer is still free under this rule to participate in the public process but they have to raise their money themselves just like the rest of us, you know. We have to raise money from people that agree with our mission so any Affordable Housing developer can still do that even under this restriction. Absolutely its the case that public money should go for what the public thinks its for. Thank you very much. Thank you very much. Anyone else to comment on item 1 . Seeing none. Public comment is now closed. [gavel] again colleagues supervisor tang there are a number of Affordable Housing developers and most in San Francisco that do great work that we work closely within city hall and communities to expand the Housing Stock. I want to commend the work mo doc does and welcome to the team and money should be for Affordable Housing only. If they want to engage in political speeches as mentioned in Public Comment they can raise private funds to do so but not off the funds of our taxpayers and we have a number of amendments supervisor tang and i would entertain unless comment a motion to entertain those and push the ordinance forward. Thank you supervisor farrell for introducing this piece of legislation. I think its necessary and also for working with mh doc for making it better and i will motion a motion for the amendments ready into the record and send to the full board with positive recommendation as recommend. Thank you. We can take that supervisor tang without objection. Mr. Clerk would you read item 2 please. Item 2. S four seats, three incumbents; will it be another gop year . Zoning map upper Market Street neighborhood commercial district to reclass assessors parcel block no. 2623, lot no. 091, at 24162420 Market Street and number 23 23, lot 06, 36 from rostreet upper Market Street nct district and including portions out of the market market planned area. Thank you mr. Clerk. We have staff from supervisor sheehys office to explain this item. I am here for supervisor sheehy. This is a tiny piece of legislation. A few years ago former Supervisor Scott Wiener rezoned the upper market nc d districts to the upper market nct district that has had a very series of planning code implications but because where the supervisor lived there were two parcels excluded from that effort so the legislation before you today just closes the loop and just rezones those remaining two parcels to upper market nct. Okay. Thanks mr. Powers. If no question we will open it up to Public Comment. Anyone wishing to comment on item 2 oh sorry additional presentation. Good afternoon. I am with the San Francisco planning department. As mentioned this is a clean up ordinance that rezone the lots to upper market nct. The ordinance will correct language in the code so that all permanents in the upper market nct are subject to the inclusionary fees and the Community Improvement impact fees. This section of the code was not updated when the upper market nct was expanded and this r this ordinance will update the language and the Planning Commission heard the item and voted for approval. Finally the department would like to thank supervisor sheehy for taking sponsorship of the item. Thank you. Thank you very much. At this time we will open it up to Public Comment. Anyone wishing to comment on item 2 . Seeing none. Public comment is now closed. [gavel] i will make a motion to send fort this item to the full board with positive recommendation. Okay. Motion by supervisor tang. We can take that without objection. Mr. Clerk do we have any further Business Today . That completes the Business Today. Thank you everybody. We are adjourned. Are adjourned. [gavel] working for the city and county of San Francisco will immerse you in a vibrant and dynamic city thats on the forefront of economic growth, the arts, and social change. Our city has always been on the edge of progress and innovation. After all, were at the meeting of land and sea. Our city is famous for its iconic scenery, historic designs, and world class style. Its the birthplace of blue jeans, and where the rock holds court over the largest natural harbor on the west coast. 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Golden gate parks largest body of water ska great labor for scrolling and picnicking and both miking which can both be rented at the boat house and the lakewood design for leisure boatings and carriages and a treasure trove passing hunting ton water falls two bridges connect the Strawberry Island and inclient to the hills the highest upon the in Golden Gate Park and more than free hundred feet and you can catch glimpses will from the city at the top of a romantic look out and for wo 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. Org test. Everybody id like to welcome everyone to the phone bank this is our at a of action for the Affordable Health care act the seiu were the Health Care Workers representing many workers and have a serious even if Affordable Health care act thank you for joining you guess i want to welcome a guest thats mayor ed lee good morning thanks for being here first of all, thank you. The united Health Care Workers west for letting us join them in this multiple state call day for action to a safe our health care and recognize governor jerry brown from the board of supervisors who is someone that is wellinformed about the issue having worked in and around health care for a good part of his life and well have i think some good to guess to share joined by Department Heads directly involved in the Affordable Health care act and our overflow room healthy San Francisco and now, of course, our covered california for San Francisco Barbara Garcia who is our head of our department of health and jerry mcfattening the department the of aging and joined by some very important partners in our on and on to make sure that everybody is Health Womens Health and protected and immigrant health are outlined cost planted parent hood thank you and our Communities Consortium clinic consortium it here were in a fight were in a fight with the administration and congress over saving health care for millions of people and im here to express that San Francisco wants to Save Health Care for all people not just in San Francisco but the entire state of california that has over 5 Million People enrolled in covered california and 2 0000000 people enrolled in the athens that president obama had started we should not repeal this law and this program without an adequate explanation and a replacement of the program because ill tell you why were lucky to be in california with so many people are Health Care Coverage and earned it and worked hard im more lucky in to we had a Human Services Health Services agency as well as a Public Health agency worked as a team to enroll 93 thousand people into the mel program and therefore thats why we have one and 33 thousand people covered by covered california in the city really a hard to do this but a reflection the citys commitment we care about health we celebrated the year of rooster and if you alone carefully you didnt have to listen in marine and cantonese to understand that people said happy lauer new years that is meaning it is so important to everybody you have good health to begin the year to be with your family and to be able to work and this is work we have been successful to enrolling people that is important i had an opportunity as part of action team to literally learn in detail what it takes for a city like ours to provide the health first of all, i began with the hsa and Public Health to look at we enroll people and thanked the team of people that were really the cause of being able in multiple languages in multiple locations that to enroll over 93 thousand people in the medical cannabis Extension Program if it wasnt for that team that will go agree competent and the cbo that result will not to have happened we were the best example of how the Affordable Health care would be successful i think the state of california is to be congratulated as well then i went on to one of our clients one the 12 to 14 cbo based clinics the max minute hall clinic with 4000 patients i went there i wanted to hear firsthand what it means to people before they have Health Cottage and now after i hear story after story heres the lesson i learned from the stories you know fear does a lot of things to you thats why i working hard to remove fear from people in San Francisco one of the areas of fear is that if something happens to you whether a medical condition or otherwise people fear going to doctors and hospitals because they think theyll not be able to afford it prior to the ac a1 medical episodes will literally put you in jeopardy of bankruptcy no standards and all of that got cleared up with the labor unions and the cbo clinics the system of care people didnt is to tear if what about enrolled and start not just responding to an episode but the more important things to have ongoing coverage to diabetes ive heard two stories about this afternoon or aneurysms that may not have caused dedicated but people to get checked out and treated and ongoing treatment with one treatment so those episodes in fact, they have an 11yearold that was presented to me with 4 pages of petition signed and a cover letter that will break our heart she hoped she wrote about her brother how they needed this coverage in order to afford the medicine she doesnt want her brother without the coverage to a mother who wasnt there but she got treated and now she wasnt there are shes working i like it i had to hear the stories because prior to the coverage and someones brother who doesnt b know about the Affordable Health Care Coverage those people would so been in complete economic and arithmetic devastation that is what we wanted to do today to present those stories and quite frankly their not just stories their about lives theyre about whether we care about people or not those are reale. Episodes in peoples life we care about in San Francisco their real theyre not alternative facts theyre real because people live through them, they really understood after they got coverage what their fear was doing to their health and economics and now we have the 3 thousand people in San Francisco about one and 334 thousand people that didnt necessarily live in fear of not having health conform that is so important and life saving i wanted to insure he appeared to join all the volunteers at the united Health Care Workers to call the elected officials that are attempting to repeal the ac a without an adequate replacement or discussion again what we some do to reduce the fear thank you to all the volunteers today, were calling Congress People and elected people and the staves nevada and arizona and right here in california ill expect to make the calls myself im joining mayors across the country and mayors in the statistic lets not repeal this law if that so valuable such a foundation of hope for themselves their families and lie people to work and really join this incredible economy in the bay area and they wouldnt be able to do it that unless a pass forward to take care of their Families Health that is one the most important things to improve peoples lives i know that jeff knows this were elected officials we ask ours probably at the beginning of our careers but the beginning of everyday how am i supposed to help People Health is one were doing housing and transportation and if we dont take care of the fear of the lack of Health Coverage well be a big disservice to so many people i want to 82 say thank you and take that day of action and move forward and make my calls i want to i know know i come from a culture youre supposed to take care of our health first, you cant take care of anyone unless your health so with that, let me introduce gil District Attorney and thank you, very much. For your leadership as well. clapping. thank you. Im gil District Attorney ceo of planned parenthood in Northern California it is a great honor standing with the brothers and sisters with u h w and other leaders as you may know that planned parenthood is in the cross hairs the administration when you no strainers to advocacy 3 brave women opposed a clinic in brooklyn and were arrested it is not easy for us over the last one hundred years we know this fight and more importantly how to survive were ready to fight and ready to fifth because of weathered thousand patient it come to us in the most vulnerable days of their lives would weve been here for us of 55 thousand other young people in the schools providing answers and needed information they couldnt get and the other 70 thousand people through the building we know the fight is worth it and were going to be here no matter and player i heard you say recently, i picked up excuse me because we wouldnt go up and not back down not now not every this is a pleasure to be here. Ii represent the clinic consortium our 11 members are the major nonprofits Community Clinics serving San Francisco diverse population we serve one hundred thousand people 10 percent over 10 percent of San Franciscos population along with the partners all represented here we feel like we do a good job in providing connections to people to an excellent system of care the clinics are unique we offer high care regardless of the ability to pay but like others weve voonsz from 50 years ago we were founded now we have advanced medical practices using data to improve the quality of care and use the programs for intervention to ward off diseases we have become modern listed but as the clinic we welcome everyone and have a lot of language and culture diversity so that all people of San Francisco feel comfortable coming i personally worked on Health Care Coverage for 20 years and nothing makes me angrier when the politician say break a leg go to the emergency room i hope they bring me to zuckerberg San Francisco general, however, the vast majority of people need the competitive appropriated care and counseling about nutrition and void diabetes we need assessment so depression didnt ruin their lives and need Something Agency for i do he provided with the pediatrics care that very inexpensive and ice easy intervene what help ward off things for the rest of their lives if the ac a expansion goes away some clinics will survive by the ability of the clinic to approve the quality for this evidence based care will be affirmative list from the financial point of view here in San Francisco our clinics provide over 8 hundred jobs and clinic training jobs which is great Health Center patient on average 20 percent lower costs than others provider so there is a large statement to the mel program in San Francisco were lucky to have the haight system as a safety net for those no eligible for the private Insurance Companies or mel but not money to the Community Clinics that is medical theyve been wells as well as a federal grant it is threatened without the ac a and the San Francisco percent reduction in the Health Care Grant in San Francisco 5 hundred jobs will be lost and over 41 thousand patient will be taken care of elsewhere the result 60,000 higher ill close with the words of a working mother for the children this particular family had two Sick Children with the parent had to pay for urgent care for their healthy child like pneumonia the other child had to go without medication this was the moms words having to choose one childs medication is one of the worst position my husband and i were devastated hard to watch it hits the couldnt stopping his medication what could we do weve made prognosticating and particularly in california and San Francisco and cant go back because some politicians in San Francisco think that is exhibitor to stop healthy thank you for we dont go backwards. clapping. good afternoon. Im maria i work at the st. Francis Memorial Hospital and was for the Viral Services if the Affordable Health care act is over turned that will cause a lot of harm im speaking personally my fiance is a worker had a fulltime job by the job didnt give him Health Orange coverage he said he didnt need the Health Coverage i was grateful, however, december 2016 i was rushed to the emergency room where we thought he was having a heart attack they admitted him into the hospital and found out he had high Blood Pressure and other medical issues and you know we were grateful for that, however, the Health Coverage at the time juans bill was to big there 0 was no way i could pay it and him to pay it the Affordable Health care act helped my fiance stay alive hes doing great and does his doctor environmentalist thank you to the Affordable Health care act i want everyone to be able to keep their Health Care Coverage none should live in fear of getting sick and not have something that is affordable so thats why im here im calling on voters today and asking him to contact their elected officials to protect the Affordable Health care act we need this law to keep People Health and safety and need to give people a sense of hope and we need to keep people like juan if he didnt have is it he could have been bad im asking everyone to support find Affordable Health care act because as a community we need it and as americans we need it thank y thank you. clapping. good afternoon. Im Barbara Garcia the Health Director of San Francisco and as Health Directors my obligation to insure the health of everyone in San Francisco it is my job to protect health care and the healthy with 8 thousand employees and others have been providing care for dozens of years in the city over 12 years ago we developed it to make sure that everyone be has access to health care and the ac a helps that it is important to check with them over the last 5 years received over one billion dollars to build our new Trauma Center and rebuild the existing clinics the mayor was talking about one of the clinics we have an information to protect the infrastructure of the Health Care System in San Francisco and today, im here to sherry, support of union work and call the representatives and our obligation 8 thousand employees of the department of behind me to make sure we work hard to insure we save the health care to everyone has care we dont want people to go to the emergency room but well try to protect and we will fight to insure that all san franciscans my personal obligation and the obligation of the urgent care to protect the health care in San Francisco thank you. Good afternoon im sheree the director of department of aging Adult Services in San Francisco want to thank you and mayor for having a day of action i wanted to highlight two things that the evicting for the people with disabilities the first our Department Administrators the inhome care project far inform we serve over just under 23 thousand people in the program and the workers are represented by u h w and the expansion has loitsd for nine hundred plus people to assess the Inhome Care Services without Inhome Care Services will be in institutionstion and medical has afforded them up to an average of two hours of inhome care a week would have cost 3000 a month and people in expanded medical cant afford that is allowed people to stay in their homes 31 percent of people are Asian Pacific islanders and 20 percent of the people are africanamerican and those are populations that we really want to keep living in San Francisco we want to keep it affordable and in addition the Affordable Health care has given some is more help to medical so medicare benefits are wellness for people that come into medicare as part of that they get a screening and also allows for annual visits and allows for cancer screenings mammograms and things like that that is critical to people i want to thank mayor ed lee for having this event and thank you u h w and good afternoon. clapping. highway im supervisor jeff sheehy, you know, i both approach this in a policy point of view when i was diagnosed with hiv i didnt have insurance one of the reasons i didnt get test until i was starting to get sick i didnt have Insurance Companies i know what that feels like to not feel well, not know what to do and where to go and not an option i know that feeling having gone to see a doctor and number one was where i presented that will mean you can see a doctor and get care and spent a night in the San Francisco general i know the care we provide it outstanding favtd two years ago later that the Affordable Health care act we have been able to really think and start to achieve big goals a National Movement to the Medicaid Expansion so everyone can get coverage go on the exchanges and get covered if we treat people for hiv theyre much less likely to Effect People a profit for people to not tariff advisors were following on hepatitis again, the means there is a cure we can end this it costs out people dont have their stop working if they dont have to get a transport it is cheaper and San Francisco started the San Francisco, california a multiple approach to reduce the cancers that impact our marginalized community all of the big vision ideas with only really possible within the construct of the organization c a it is great for calling other congressmen i heard this st. Patricks that the horrifying that 51 percent of the individuals in bakersfield get their health care through medical or medicare and just to remind people medical is the ryan budget proposes a Voucher Program for medicare and it is amazing if there theyre voting republicans i wonder in the republicans that are supporting this said the rhetorical for their own constituents so thank you u h w fork doing this today and lets to the voters and the congressmen. clapping. id like to thank everyone for coming out today and the speakers and the Community Partners and now it is time to get on the phones and make that work good afternoon the meeting will come to order welcome to the wednesday, february 22, 2017, of the rules committee im supervisor safai chair of the committee to my right is vice chair supervisor fewer and to my right is rules Committee Member supervisor yee and hes on his way our collective a Derrick Evans and thank you jesse larson and mark for staffing this meeting mr. Clerk, any announcements . Eating and drinking is not permitted in the gallery my documents should be submitted to the clerk items will be on the board of supervisors agenda unless otherwise stated. Thank you mr. Clerk please call the first item number one a hearing to consider pointing out the members were in resident of the poll from the clerk of the board which supervisor fewer expressed interest all other supervisors declined the 143 corbett avenue to be appointed. Thank you, madam clerk supervisor fewer would you like to say a few words or straight to Public Comment. Straight to Public Comment. Okay. I guess mr. Clerk can i make a motion to recuse supervisor fewer without a second. Yes. A few Public Comments first and then. Okay. Thank you. Lets hear from Public Comment any Public Comment on this item . Members of the public have two minutes state our first and last name speak directly into the microphone leave a copy for the official file we we call Public Comment file to the left and call you in order. Seeing no members of the public who wish to testify on this item well go straight to making a motion to recuse supervisor fewer. Question. Mr. Chair were waiting for supervisor yee and well losses quorum. Thats why i was asking well hold off and can we skip that item and go to item number two supervisor fewer. Mr. Clerk well return to item number one when supervisor yee is back. Item number 2 a motion approving or rejecting ben bleiman to the Entertainment Commission july 21st, 2018. Thank you, mr. Speaker, colleagues, we have the mayors appointment on the Entertainment Commission welcomeblast ben bleiman did i say that right. Would you, please address the committee and speak on your qualifications and i thank you for the opportunity to come before the committee for Entertainment Commission commissioner, i feel like my experience as a Business Owner in San Francisco and my advocacy on behalf of the night life in San Francisco for the last 5 or 6 years gives me the ideal Qualification Agency a Business Owner i have owned 8 and 10 bars and restaurant in San Francisco and a busy Events Company that puts on fullscale prouksz with musical events through the experience i have developed intimate knowledge with working with the neighbors and the local community to make sure our night life business is done responsibly and successfully if i had to boil down my philosophical on San Francisco night life i would put it i stand for responsible educational and affordable night life for residents of San Francisco and visitors that means didnt mean that every night life establishment is correct for every single neighborhood whether it is a jazz club in the avenues or something a thumping night life in the south of market each area has its own flavor and needs to be take into account when making decisions around that. As on my advocacy side ive been the chairman of the called Culture Association that is the main trade organization that represents bars and restaurant and Music Festivals and music venues through the experience ive worked with supervisors across the aisle whether on the left to pass meaningful legislation in San Francisco and some of my main favorite scott wieners School Board Members have been i spearheaded a petition to support sxooepdz petition that gardened 4 hundred signatures and used as a main piece in her argument for passing that legislation and i also structural in helping to write and navigate the passage of 10 b a complicated subject that had kind of tortured the night life advocates for decades we were able to pass a meaningful reform are that working with supervisor campos and supervisor farrell together as well as the poa and the police chief so all the experiences ive had taught me how to advocate for responsible needle in the haystack in San Francisco and my experience as a Business Owner to successfully operate night life establishments in San Francisco. Again, thank you ben bleiman colleagues any questions for ben bleiman. Supervisor fewer. No questions. Okay seeing none, i will ask a question i know you talked about supervisor president london breeds legislation how has that impacted our industry sew its the first of its kind in the world a landmark not as a city but the world nightclubs and music venues have been in areas of low population density thats why they were there not to bother the neighbors, etc. With the hemorrhaging in San Francisco and the boom even if residents move on all of a sudden and saw the areas with major areas of development the issue at hand people will tour a condo next to an existing club and turned off on wednesday afternoon they buy the Million Dollars plus condo and on theyre first night they hear the music coming from next door business as usual inform a night life waiting to get in, etc. And having serious issues this legislation protected not an incredible amount but major venues in San Francisco to protect them from Developers Moving in and not informing the residents moving of the facility issues with the night life nearby and so how it did that it required the developers to inform residents ahead of time in writing of the appearance of a night life establishment and that went a huge way towards allowing the two important things residents and night life to coexist peacefully it is hard to understate figuratively and actually gray. I have one more question he know a lot of the work on the Entertainment Commission is about preserving existing night life and preserving venues but if you can speak a little bit about our thoughts about potentially expanding into areas of the city that modesty not have that economic make up that. It is important night life in San Francisco is more expensive to do business and anymore expensive for the customers on the customers does the one way we can help to mitigate that and the effect of rising expense of doing business filet mignon is a thing for the wealthy and not for everyone else that he cant afford a drink or ticket price, etc. This is to expand night time and not necessarily allow clubs but extend night life offering to neighborhoods that dont have them like the live music permit for jazz or bluegrass or other offering not to crazy but the diversification is the amount of initially there will be affordable options it is a main point by will hope to stress as a commissioner. As a part of light city representing a part of the city that is definitely underserved by night life and opportunities of such that is something that is important to me as a supervisor and member of the committee thank you for take into consideration colleagues any more questions and supervisor yee. Let me followup supervisor safais question so in reverse i guess whether this is new developed built in traditionally not night life areas you know their complaining when the night life was there already i guess wasnt ill concerned about it from youre thinking this you should expand into the other areas or people at home want a home that is quiet and the not put night life there. Yeah. And the people that run operate those things cant say well, what are they complaining about. There are two points night life a huge category and to me it means you know quiet jazz or acoustical music up to the premier nightclubs in the city i dont think that nightclubs should be in every neighborhood and not right for every street and community; right . It has to be done carefully and the other thing theres a fundamental difference between a place it existed peacefully and operated responsibly for years or decades and a new place that is moving on where people are already living peacefully this is a transmission between the two things and you need to take a case by case and from the local community for example, in supervisor district 11 will embrace new opportunity not looking at for new night Life Activities we that need to work with those communities. Thank you. Any other questions oh, supervisor fewer. Thank you. I have one question what are your thoughts on the entertainment business. Did you say rationale racially. This is bigger than the Entertainment Commission but i think that prioritizing diverse racially and socioeconomic and, etc. Is key and really helping smaller maybe groups that dont have access to incredible amounts of wealth as others do to navigate and on the night life places and working with each neighborhood specifically and if were in one neighborhood in chinatown theyll want a totally different offering of night life for the residents in chinatown than soma or north beach, etc. So i think that is treeing to support each community to bring more night life to as they see fit to theyre residents. I notice that actually, the businesses that are own are all businesses that actually have a liquor license; is that correct . Yes. And you serve ages over 21. They have the licenses that means technologically we can lie people under 21 in theyre not allowed to drink alcohol for the record but traditionally well let them in on off nights and off times but put a door person on to card everyone at a certain time when it gets busy. How long have you owned the entertainment center. My first bar was in 2008, in september we owned he 10 and bought and sold a few were down to 5 in San Francisco. Okay. I see concentrating in the mission. We specialize in neighborhoods bars and taverns and restaurants we try to serve the Immediate Community not our some kind of a designation people travel so weve been kind of opportunistic we owned places in union street and divisadero and policies and russian hill in the mission. Okay. Thank you. Colleagues any other questions for him seeing none, any members of the public wants to testify on this item seeing oh, state your name. My name is Audrey Joseph im the retiring commissioner for for the seat ben bleiman is going for and i was the last remaining founding commissioners of the San Francisco Entertainment Commission and to me the person that replaces me has to have two distinct qualifications one in operations and procedures where you really know how a business should operate and operating safely and is anly and to know sound sound is a huge issue at the Entertainment Commission to know sound not that you cant do it but offer some restrictions that will help you have sound and yet not possibly disturb the neighbors like what you do with our base or highend in my research the ben bleiman his knowledge is knows how to handle staff and customers and keep the venues clean and up to code and a unique knowledge of sound those are important for me the other thing that is important is advocacy so advocacy for the industry as an industry rep that is your job and the Entertainment Commission is a 7 member body is includes neighborhood representatives Public Health urban planning the police and the industry and so it is important that he be able to advocate so for the industry he is the chairman of cpmc and Industry Organization and the founding mechanic of the bar alliance i think that he will be a great advocate for his industry thank you very much. Thank you so much any Public Comment on this item . Would like to comment seeing none, Public Comment is closed. Colleagues any additional comments or questions seeing none, i need to make a motion and an amendment since no other seeing no other names on the roster, amend this on lines 8 and 9 to qualify that appointments was received by the clerk and lines 3 and 14 we approved the mayors appointment of ben bleiman to the Entertainment Commission and further recommend if possible we i make a motion to send it to the full board with a positive recommendation. Chair i would hike to log my vote no recommendation. Wale call roll call vote to send this item forward as amended supervisor fewer no recommendation. No supervisor yee no recommendation okay seeing and im sorry mr. Chair on the motion to send this forward without recommendations or clarification with a positive recommendation. Excuse me the initial motion to i make a motion to send it to the full board with a positive recommendation. Were going to call roll so i guess that will be no. Okay supervisor fewer and supervisor yee have responded no supervisor safai. Yes. I two nos and supervisor fewer and supervisor yee in december sent to. Colleagues, can i have a new motion. Yes. I make a motion to i make a motion to send it to the full board with a positive recommendation. With no representation. To send without supervisor fewer yes. Supervisor yee i supervisor safai no we have two is with one no supervisor safai that item passes. Mr. Clerk back to item number one please. Item number one has been called mr. Chair and weve taken Public Comment on this item okay so colleagues, can we have a motion to excuse supervisor fewer. Ill move that thank you so commissioner fewer your commissioner crews schmoozed weve closed Public Comment so. Ill make a motion to pass with a positive recommendation to the full board. Without objection supervisor fewer can b. A. Contact in the room; is that correct. Congratulations commissioner murphy call item 3. Excuse me mr. Chair would you like to call items 3 to 6. Yes. Items 3 through 6 are motions approving or rejecting the mayors nominees for aaron hyland Diane Matsuda and Jonathan Pearlman to the Historic Preservation. Thank you clockwork the mayors appointment to the mayors Historic Preservation Commission Welcome commissioners any in the room today okay. Great. Would you, please speak on your qualifications one at a time start with aaron hyland great. Thank you, supervisors supervisor safai and good afternoon supervisor fewer and supervisor yee im pleased to be here and especially honored to have the mayors frustrate and support im an architect and have been in San Francisco for 25 years in the castro with my partner of 17 years and spent my career making significant buildings and sites relative. The future Historic Places are memories their anchors to the neighborhoods and community and they frame and define our sense of place for me preservation is not about freezing plaza of time but identifying and celebrating what makes the places approximately at the same time have creative solution for change and temporary uses it is not about keeping everything but keeping what is important my time on the hpc has been regarding we expected as an architect on the Architectural Review Committee and representative of the hpc along with my fellow commissioners Jefferson City for the waterfront plan more significantly ive enjoyed the work with the cultural hemorrhaging that commissioner mazzucco eye and i were inspired by the policies for San Francisco living history strategies for conserving culture assets and about that at the same time the San Francisco legacy businesses was created in supervisor campos leadership the following november prop j passed with the establishment of Historic Preservation fund it is the first city in the country to do this past year one and 59 businesses were nominated and heard by the Historic Preservation commission and 51 received funding weve learned a lot in the past year and look forward to improving the process and capturing those stories if in more meaningful way i can continue with the other accomplishments and things weve undertaken you but want to respect our time i look forward to continuing this journey and honored to serve i thank you, again. And hope to have your support on this im available to answer any questions colleagues any questions for aaron hyland. Seeing none, if we can call up the Jonathan Pearlman. Good afternoon, supervisors. Thank you for your consideration youre consideration of my remeantime to the Historic Preservation commission it is shocking that 4 years have passed i stood in front of the rules committee i know that a few years ago there was some in the Preservation Community was weary about my becoming a member i hope ive demonstrating my unwavering commitment preservation is not a sign what to keep and let go of is a tricky dance and with the change the social pressures and the sheer volume of buildings that disascertainment is important my participation as a member of the Historic Preservation commission in the ongoing discussions has been regarding i believe my small contribution is valuable in preserving San Francisco we know of history is only revealed by the those who create it but participate to see how in to we dont rely on the buildings to define the history but supergreen in between the stories to preserve a memory as a grounding for to prepare all of us for the future i come from a building background im an architect and a historian i was trained on buildings who was the architect and what is the style and place of history but obviously there is so much more to the history why was that building built did it represent a culture or a backdrop all of the attributes are up for consideration as our work perhaps the most important participation has been hearing the personal and inanimate stories and the preservation Business Owners and patrons come to the hpc to tell their stories are how or what we do or the place they shop and eat their families and Community Many of the stories have brought me to tears about the expires and american dreamers that shape San Francisco our great buildings with the concrete i am of our city those people and their businesses are fabric of the city on the building side i think my most important contribution is as mechanic of Architectural Review Committee along with aaron hyland designing the buildings to fit with the urban fabric in this date process with the potholes addressed as opposed to to a doctor or last year were remind of the planners and appreciate by bringing the projects at an early stage of design we can offer advise on ways that a new building what better weve into the pattern, of course, the city didnt stand still having a group like the arc and thats critical to shaping the future of our city in my professional life im proud of having completed the renovation of the bank over on market and jones street and having the honor to be a she said of that process currently im in im working on the alexander theatre to bring that back to a 14 or 15 quiet time the Theatre Building will be turning pools and classes and Evening Community event that will preserve the exterior of the building as well as the interior having begun in 2004 for the evaluations with the residential building in the back on 18th street avenue currently under construction im hoping to see this completion sometime in my lifetime one last thing ill mention the comradery i feel with my commissioners and the planning preservation staff theres been a gray sense of respect for each others point of view and a commitment of all of us to do the right thing to get the whole of the city turning i hope to continue to be part of the tour as a member of the Historic Preservation commission thank you for your time and consideration. Thank you colleagues any questions. Supervisor yee. Well, maybe is there someone from the Commission Staff . No . Can you answer this question ill ask in regards to the meetings for the last year have you made most of them my record i think in 4 years i think ive missed two two or 3 at the most but get to every meeting. And Jonathan Pearlman oh, aaron hyland can you come up and answer that question and the next few speakers the same questions. Aaron hyland i think i may have missed two or three meeting. Any other questions for Jonathan Pearlman thank you for coming back and any other questions seeing none, we can have ellen johnck. Thank you. Good afternoon. My name is ellen johnck a 50year resident of San Francisco ive been honored to sit in the preservation position professional position for the last 4 years its been a rewarding and transitionally stimulating position to be in my credentials for this position are you. A registered professional archeologist and rp a though i have a business license in San Francisco and consulting practice and my business name is ellen johnck comma rp a a registered archeologist a registry where the qualifications are you must be authorized by the secretary of interior to practice archaeology and be responsible for reviewing changes to the historical buildings and landscape a host of components in our world and in our society and so my consulting practice expanded beyond myville practice to include archaeology that includes being hired by folks that are in the business of either altering buildings or improving buildings or culture landscape im involved in documenting the sites around the community and up and down the line and with our heritage and Tribal Cultural laws that involves a lot of responsibility for compliance with the California California Environmental Quality act and several other laws an commissioner moore a university of california, San Francisco and teach a course on landscape thats my speciality the business of being a commissioner is not just a guardian of heritage in San Francisco recognizing that change has to happen but change is going to happen make sure that our heritage and history is carried forward with integrity with the chances we make as i say to conclude i welcome our support and being reappointed to the Historic Preservation commission i grew up in the Outer Richmond and educated from lafayette to presidio to George Washington high school and i have a law degree but in intensive status and my credentials for the preservation started when i was working for the state of california and ran a Grant Program to ask the California Community to create programs to equate people about the japaneseamerican experience before and during world war ii i was appointed to be the chief executive officer for the california culture and historical endowment we promoted and recognized underrepresented and unrecognized communities i feel after that i missed San Francisco so that i came back 8 years ago and worked for a Small Nonprofit Organization to help foster youth current you foster youth and Homeless Youth and at the same time was appointed to the city and county hpc my involvement with is i have primarily been in japantown living there foreclose to 20 years pretty involved in activities that exist there but feel my work on the Historic Preservation commission has been with the Culture Heritage where commissioner honda and were proud to be vocal supporters of program we hope to continue to promote over the last this ive been on the commission for two terms i think i missed one to two meetings per year and last year, i did miss two meetings in november because i went on a pilgrim. Colleagues any questions for Diane Matsuda. Well move to see if my Public Comment that wants to comment on any of the items please line up to the left. Good afternoon ray hart for San Francisco open government. I reviewed all the posted on the board of supervisors websites relating potential appointees i also did further research to look at the credentials and find them to be well qualified to serve on the Historic Preservation commission it is one in my opinion of the most important commissioners concussions 2 to 3 the city short avenue tragic incident library the 1906 San Francisco earthquake he history didnt disappear at one scope in in my 19 years watched the cities er varies neighborhood go into things not recognition i live in hawaii for 25 years before coming here and watched the island of hawaii change that when people ask me when you go to hawaii i tell them dont go do away hocking huhuh if you want to see that i suggest you go to the big island got an idea of hawaii it beyond to its territorial status and back in history so guarding the neighborhoods of insuring that changes that are made are done with a dictatecy that allows buildings and institutions that have been pilars of the society can remain intact is an important and critical job i believe all the candidates make that effort. Okay. Next person. Good afternoon, commissioners were the citys leading advocacy and education as have an articulate and Thoughtful Group of commissioners seeking reand in expertise on the commission ive witnessed over several years that is apparent and their level of engagement and thoughtfulness in deliberations in the leadership and support San Francisco is leading the nation in developing new policies to recognize and support the city leasing e legacy businesses and currently significant resources on behalf of the heritage im happy to support each of higher appointments without reservation thank you. Thank you. Any other members of the public seeing none, Public Comment is closed. Any additional comments colleagues supervisor yee. First of all, i want to thank all 4 candidates for replying spoken to several of them before i think theyre well qualified people i want to let the public know that i asked a question about attendance as simple when i was serving on the rules committee several years or years it took awhile we realized that many people serving on commissions and. It is a basic question and ill ask it is important for me to know youre going to the meetings i fully support all 4. Thank you supervisor fewer yes, thank you chair i wanted to say that i i met mr. Pearlman but want to agree with some of the speakers said this is an important commission i feel like this commission the guardian of our city and San Francisco heritage and where we go and that we dont forget i our history is here but also that institutions that house many are institutions i was fortunate to be raised as san franciscan well use sort of worship in San Francisco an important city not only does the california and san franciscans but to the United States and people that come here see the history we have and what a grand history weve had so thank you very much for serving on the committee and the commission i am in agreement with i building that all appointments are good appointment to the commission thank you. And doesnt the to the commission id like to echo some of the things that my colleagues have said that so many what makes a city great is often its architecture the value of city and how it treats the architecture in terms of the culture assets and history i agree that is think important commission and very, very happy about your dedication all 4 of you and what you provided to San Francisco so we appreciate colleagues can you entertain a motion or make a motion. Go ahead. Supervisor yee. I approve all four candidates. Second. Id like to amend items 4 to 6 to approve the mayors appointments to the Historic Preservation commission a friendly amendment to supervisor yee. Park merced. Seeing no objections those items are approved i make a motion to send it to the full board with a positive recommendation. Autopsy mr. Clerk next item. 7 to consider appointing one member to the 6 year term ending 2023 to the ethnic commissions. As the clerk said two applicants for the Ethics Commission first quentin kopp. Thank you, mr. Chair and supervisor yee i do apply for reappointment to the Ethics Commission having been reappointed to this last year and taking the oath september 6th in these very chambers and other aspects of my life i suppose i should add been a san franciscan since discharged from the United States air force after the korean war i thinking about my activities as a legislature particularly relevant to the duties members of the Ethics Commission and i began in 1972 as a member of the board of supervisors with a Charter Amendment that created for the first one a collection of interest provision in the charter of 1932 as amended. I was reminded by larry bush introduced the first bill to in San Francisco city elections there have been one precedent for it and in the city of san diego bill resulted agency a matter of comparison and spending in 1975 supervisorial campaigns on a citywide basis of 46,000 and one and 208,000 for mayor throughout the state and the United States in the state senate at the suggestion and with the yes, maam its of publisher of the then San Francisco bay Guardian Bruce the California Newspaper Publishers Association and society of journalist i introduced a large bill that had the effect of being the first change and revision of the then brown open act that was impacted in 1953 my coauthor in the assembly was the honorable John L Berkman of that bill which had opposition much opposition and was passed by both houses and then signed by governor pete willingly and introduced a bill which revised the public records act of the state of california in the government code in the state of california and that endeavor resulted in an engagement after a signature by the then governor ive devoted myself to the suggestion which are within the responsibility of the San Francisco Ethics Commission throughout my elected Public Office career as indicated i served as a Trial Court Judge for approximately 10 years, im a reinstated member of the state bar of california after having been in active with 10 years as a superior court judge i have been impressed by progress of the Ethics Commission which was the subject in 2014 of a critical civil grand jury report im pleased by the fact that the backlog of unacted upon complaints has decreased by at least 50 percent in the 5 months i have participated in meetings of the Ethics Commission your information there was a numerous backlog much of which was attributableal to requests of District Attorney for the some respect for the zoo to suspected the investigation of complaint and those requests were honored by the Prior Administration of the Ethics Commission resulting in complaints for 3 years and two years at least 18 months old never acted upon im pleased that we adopted and in a meeting last month, a policy that henceforth, after 90 days of spuntd an investigation at the request of the District Attorney and the da we resume our investigation and conclude action on others matter whether this is dismissal or action involving the penalties of one sort of or another i reapply or applied for reappointment not just to provide the diversity of this to the commission but because as long as im able and not only mentally and file number i consider it my Civic Responsibility and i appreciate very much the comment made last friday by supervisor yee and the chinatown Chinese New Year lunch i look forward to serving a fixed term with Ethics Commission and colleagues well call up the next person and if we have questions well take questions after that hi, thank you so much for the opportunity to speak before you about my interests in strengthening and serving the people of San Francisco on the Ethics Commission as a commissioner, i will uphold San Francisco commitments with the financing system and look at each matters and without prejudice my 20 years of experience in business in nonprofit management requires the leadership ability to hold multiple points of view at the same time i had to consider the long term and short time mrpgs with the urban intended consequences i spent 12 years as a ceo with an Industrial Company in Southern California turning around the organization in a local market and lucrative sale to an employer i have 15 hundred customers and 13 trucks on the road and worked with aclu and the tooermz i have those challenged to get the information to emphasize and prioritize quickly i gain invaluable tools making sound decisions i was selected to partner in a groundbreaking environmental Pilot Project for industry best practices i negotiated a successful sale to the air march securing theyll hire 85 percent of my clez employees they i couldnt leave the staff without an option my financial best interest to choose the higher offer but not at the experience of my employees i choose to work with my employees and it was the right thing to do in addition i spent 15 years in nonprofit management advocating for women in a hospital and as a executive director of an id process through my feet i gained skills with Critical Issues with no obvious right answer that prepared me for the complicated of Ethics Commission my passion for government and Ethics Reform where for i served on the directors common causes and nonpartisan and grassroots organizations that were to strengthen the Public Participation and insure that Public Officials and institutions are accountable and responsible to our city any time has given me ground i know that will say invaluable on the commission ill spend San Francisco ethics laws to make sure theyre effective with my years of experience in business and nonprofit organizations and environmental sustainability and policy my goal to bring an ethical approach insuring that empower democracy and social justice will continue to thrive in the city of San Francisco ive been proud to call San Francisco my home for the past seven years and wanted to leave here since 7yearold i served on boards and past president of the women businesses and also participated in leadership San Francisco to conclude the future of the city depended on good people step forward to run for office our Public Campaign system protects our citizens and insures the opportunity im devote to the principles of transparency and accountability i can be impartial and fair and thorough owe thoughtful and a well educated woman have 10 years with democracy issues on the board of common cause and honored to have the opportunity to give back to the city by present those issues as a commissioner thank you for your consideration. Thank you coordinate can you return to the commission and when our members of the committee have questions any questions for quentin kopp. One quick question so how do you feel about Public Financing. How do i feel. What is your feel. I feel that public first one is adopted by any jurisdiction that is illegally building to do so as los angeles and the city of richmond and san jose and Public Financing should be enforced like any other law i believe many in the rule law that surpasses any considerations as a judge i believe in the rule of law and follow the law why i agree with the law or not and ill give you an example during the time i was in the senate the penal code provided that any theft over the amount of 200 and 50 was grand theft a felony not petty theft that is a misdemeanor that statute had been passes some 35 year previously then the Supreme Court justice brought it to my attention he introduced a bill to bring the amount to the amount of the inflation over the ensue years the bill was, however, unsuccessful that part of penal code has since been amended even though i had to enforce that law that made any theft of 250 or more a felony i didnt believe that it should be 200 and 50 i, however, took an oath to not only obey but to carry out the laws of the state of california and i did the same thing as a itself commissioner december 6th as long as any part of sections which comprise the responsibilities of the Ethics Commission of the law i followed the law i do not i do not try to subvert the law in an dishonorable or other way. Thank you. Colleagues any other questions for quentin kopp. Seeing none, oh, wait supervisor yee. In regards to the meetings i assume that was a shortterm you cant go to any other meeting. The Commission Meetings. I since ive been on it for 4 months or 5 months have you missed any meetings. Whats our attendance record. 100 percent. Great thank you quentin kopp. I dont believe there is any other questions. Colleagues any questions for ms. Thurman. I know this is probably a different question for you since youre not on the commission but i asked the same question that wanted to go beyond the commission whether or not theyve actually attend any of the Commission Meetings one way to show their interest. No, i havent attended any meetings ive looked at the minutes and meetings on line. Thank you colleagues any other questions for ms. Thurman. Thank you, ms. Thurman. My any Public Comment that want to comment please stand up to the left ill also will call some names in case the folks are still present please state your name. My name is ace on the case im so grateful and honored to be here i know that will surprise a lot of people personally with the credentials where the what can a you call it city by the bay any advice to the young lady our credentials seem very credential wise but seems you need to be a Business Consultant because man, i dont know if you know the city by the bay the most corrupt city in the United States and if you dont know about the meetings or anything i dont know who sent you anything but maam, this is city hall which i call i call it silly hall. My name is ace and im on the case. Im here supporting former senator supervisors judge thats ready to put San Francisco on the right track and excuseme. Supervisors welcome to city hall most ever you this is your first term listen this man goes back im not here to express you but to it is black History Month im a black man 3 generations i truly support judge former supervisor and all of that to be part i went to the meeting for the first time in a long time went to the Ethics Commission a long time and they didnt do nothing and they didnt do nothing i see the way theyre doing it seems like the issue is this is the man that you need to stand my name is ace and im on the case. And im hoping and praying that you you know, i aint new this is the judge that we need him on the first day i was talking about challenging to find out what was going on in the Mayors Office this is willie brown or nobody so i strongly support thank you. Thank you just 0 want to remind the members of the public to please address their comments directly to this committee and not to members of the public. Eileen district 4 resident here in support of quentin kopp to the Ethics Commission just coping has a long rich criteria to Public Service and on is Ethics Commission he is also brought a wealth of experience to the commission ill urge the committee to move his reappointment forward with represents ill urge the committee to move this forward today thank you. Next person please. Good afternoon. Im nancy im proud to support the nominees of quentin kopp for the vacancies on the Ethics Commission were extremely lucky to have quentin kopp to over the years of experience with wisdom to foster Good Government have not Ethics Commission the other candidate didnt measure up to the quentin kopp experience or demonstrated the ability to demonstrate the cases present to the commission specifically ms. Thurman not tenant any meetings but my Research Says shes only spoken here ones at city hall on the day of september all in favor, signify by i since she was on the committee to the status of women to talk about welcome Business Owners only one time in the last 5 years found her way to testify about something important not been shown to written a letter to a city agency stating the position on nothing that is not appropriate to have a november vice sit in judgment of people that may have violated the ethic i agree with her perhaps more useful to oh, her services to the mayor to appoint her on the commission on the status of women for backgrounds not compliment this commission for ethics but certainly compliments her status of women as to diversity i wish to point out the Ethics Commission has two qualified women he look forward to adding more women when their qualifications mirror the postponement thank you for considering my comments and recommend it that you move quentin kopp to return to the board of the Ethics Commission thank you very much. Thank you next person please. Good afternoon committee im from the ethics member and former grand injury im here to offer my support for quentin kopp phenomenon number one Ethics Commission San Francisco has been and still is to a droeg a city polluted with dark money and paid to play politics that undermine the Public Confidence in the government gratefully San Francisco Ethics Commission is in a reset pattern operating with more robust and greater integrity that is given rise to improved public trust each the commiserates bring a skill set and quentin kopp past experience serving on municipal and july levels offers insights into ethics laws are more effectively utilized quentin kopp has proven he is essential for advancing stronger transparent and pay to play political positions and implementing the measures hes the factor in the public right of approval for recent measures that strive for less lobbying practices id like to briefing address common causes of opposition to quentin kopps reappoint it appears this is in a lawsuit challenging a measure sponsored by common cause lets be clear quentin kopps opposition to this measure is not based on an objection to Public Finance but rather commissioner quentin kopp that an amendment of this nature should go back to the voters given the fact that the original measure neatest approval by the voters on the issue of Public Campaign finance in San Francisco or my other city as quentin kopp has already stated he supports the rule of law an effort to link quentin kopp participates in the lawsuit position as a Ethics Commission commissioner is extremely misleading by no means is he attempting to increase maintain the Public Finance i strongly urge the reappointment of quentin kopp and ask this committee to recommend quentin kopp to the full board of supervisors thank you. Next person please. Supervisors ray hart for San Francisco open government. Im here today to state im emphatically oppose quentin kopp as part of Ethics Commission last time the testifying voted to recommend that quentin kopp find him in violation of the shocking for a commitment at the Ethics Commission meeting as quentin kopp is an attorney and former member of judicious he has familiarity with the basic comment of forfeiture despite his he can impose his belief to restrict the bodies on which he serves in the short time he has acted like hes in a court room i may not agree with what a man says but defend to to death what he says not quentin kopp he is not qualified to serve ill occasionally encounter opinions and expressed in words he didnt agree if you cant stand the heat get out of kitchen quentin kopp will not voluntarily remove himself in the kitchen as current commissioner, i building this committee should recommended to the full board someone who will acknowledge and accept the rights of citizens of San Francisco to make a free and upcoming restricted Public Comment we dont need someone serving on the Ethics Commission who has shown insults to be a mini trump. Next person please. Good afternoon, supervisors thanks for the opportunity to speak my name is david the executive director of the First Amendment Coalition Just coping is a long time member of the board of directors and like to talk about our organization it is relevant to quentin kopp that are irrelevant to the example of the Ethics Commission the First Amendment Certification Coalition a nonprofit in san raphel around thirty years and bring cases on behalf of the examination and protection of right of Public Access for Public Meetings and public records we operate a legal hotline free to the users and the hotline provides expert First Amendment legal advice to anyone that has questions about how to get access to public records and access to meeting we put on a campaign of public advocacy and education we put on forums around the state relating to issues that have First Amendment relevant and gave me in oversight and appropriate get involved in legislation for Northern California issues on free speech, free press and Government Transparency judge coping has been on the board for 3 plus years and been invaluable asset to the First Amendment coalition and Commission Long experience with the legislative and long captioners as a judge and in Public Services has been a crucial importance to any organization to do what that side those qualifications make him for qualified than my candidate i can image i strongly urge you to recommend his reappointment thank you. Next person please. Good afternoon, supervisors my name is peter im the vice chair of the Ethics Commission ass i that will be helpful to be chair in the next month or so the Ethics Commission within the last few years has again gone a transformation i came on the Ethics Commission in 2014 appointed by City Attorney Dennis Herrera you look at the history of Ethics Commission for 15 years before or at least 10 years before it was a commission that had done virtually nothing as the executive director who was totally incompetent and engaged in all sorts of things mainly to keep files on his desk within the last couple of years weve be able to turn that around are the appointment from los angeles and go long time head of the Ethics Commission in regards to a couple of things weve done weve got proposition t and prop m on the ballot what the Ethics Commission can do and has not been done in years people of San Francisco approved those in one sense by 87 percent quentin kopp is an exemplar individual in terms of one that has qualifications to look at the i believeal situation situation of a political entity like San Francisco and know exactly what is a one not wrong and what should or shouldnt done ive known him for 50 years in San Francisco has to do with with the political life since hes been on the commission he was given a tremendous emphasis to a whole range the ethical situations that the people of San Francisco need and are entitled to i respectfully ask you to repoint out him. Thank you commissioner hayon. Good afternoon and thank you. Im with common cause where precedence are plaid it is important that San Francisco continue to be an example for the country of what Public Service should look like common cause supported this for decades from the proposition that created the Ethics Commission and the city Public Campaign Financing Program to last year promotion t from that perspective id like to share some things for the appointee to the ifkts we think an appointee should understand the purpose. Support the Ethics Commission and effect commissioner should be open and fairminded and consider enforcement free from bias their on agenda the political integrity for both voter confidence and encouraging the participation a commissioner should respect the duty their to serve as a constant of the everyday san franciscan and Ethics Commissioner should say the responsible and encourage the board of supervisors to carefully consider his reappointment to allow more time for the applicants or additional applicant to the office of the commission before it goes to vote the board should feel confident the commissioner will advance the duties of Ethics Commission. Thank you next person please. Good afternoon. My name is linda and i am speaking in support of Kathleen Thurman ive come to know her in our work in advocacy for girls in the city and county of San Francisco with the alliance for girls i can speak to her integrity which is unparalleled shes someone who is completely transparent, shes inclusive in here leadership and advocacy for girls in the city of San Francisco and the bay area at large i believe her experience in both the private sector and on nonprofit arena particularly with her Board Membership with girls inc. Shes demonstrated her thoughtful and experience consideration for her fiduciary responsibilities involved with being on the board and as she mentions in her testimony in running her own business and in her leadership capacity with the National Association of women Business Owners from my work with her in the alliance for girls i think shell be a tremendous asset on the Ethics Commission thank you. Thank you very much. Next person please. Good afternoon my name is legit a 28 year resident of San Francisco a homeowner in the western edition and and advocate ive not spoken at the city hall note that of record it is interesting to me im here in support of Kathleen Thurman and her opportunity to be appointed to the commission i met k5erg9 less than for the alliance for the girls she was an advisor the persuaded me to get involved and to consider a position of scale he reach many girls in the San Francisco bay area and being polled nationally to kate hartley less than with her work through the navaho speaking to the sacramento legislative does have experience not brought to light here in advocating a state and local level and National Level as ive gotten to know here it struck me her willingness to go with the pain and most problems exist demonstrated by her work with battered woman 25 years and her leadership in driving the auditorium where my favorite story she doesnt bring up was she arrived this was a male dominated business with posts throughout the company she noted to go to them and advocate for change in a way without counter balancing the company it was a challenging role for any woman her guaranteed her and us she works clovg with organizations and elevating the solutions and bringing forgot treats and builds trust and brings forth framework and fairness thank you. Next speaker, please. Members of committee im larry bush the cofound of friends of ethics i wrote an article for the creation of Ethics Commission which was taken up by supervisor kelly asked to sit in with his office to charter the amendment in 1995 i called for spending caps for supervisors and that passed unanimouslyly with the support of then quentin kopp and he also was the treasurer for proposition t that passed with 87 percent of the vote a member of civil grand jury on ethics and im familiar with the requirements of the Ethics Commission im fully in support of quentin kopp and the 20 years that the Ethics Commission was created evident the first person appointed to the commission that held a er run for Political Office hes got the unique experience of recognizing what happens in campaigns and what we dont see in campaigns an important sight for the commission an excellent commissioner moved on issues with the federal government not taking a strong position on iktsdz or transparency so much so that a local bay area lawyer who served on the federal Ethics Commission just reassigned saying the institution couldnt get things done in San Francisco because of our ability to put things on the ballot we are positions to lead in ways that no other Ethics Commission in the country can do in terms of Public Finance supervisor quentin kopp prop 73 had 3 element the other part it casts on attractions that was topped out by the court but, but important i respectfully ask you to urge to support quentin kopp. Thank you next person please. Good afternoon, supervisors joe kelly is in my name and im here in support of judge quentin kopp reappointment i sent an email to all last week that outlined my support of judge quentin kopp i hopefully, will not repeat those thoughts in gentrification i guess i would offer my thoughts that the Ethics Commission although Public Finance is a component of it from youve attended the San Francisco Ethics Commission meeting you know that there is so much more going on in City Government than that and then you know not to this is one of the commission positions that being we wouldnt say an ininsider but knows the working of City Government and helpful so to you know ill leave it at that if youre coming in that the Ethics Commission in San Francisco without ever even attending a meeting theres a huge learning curve and for that id like just ill leave it at that i dont know if i mentioned i was a member of the grand injure but one on the Ethics Commission so again, i really hope youll move today to reappoint judge quentin kopp thank you. Thank you. Next speaker, please. Good afternoon. Thank you for the opportunity for to make a couple of comments im elaine im a member of friends of ethics my membership is recent i was a poor person for the grand jury that did that as others are referred to during commissioner quentin kopp tenure and Ethics Commission thats been fascist to see how he brings his rich experience to the job and to the insight full questions he puts in front of the people that come before the Ethics Commission including the Staff Reports and that kind of thing he wants to understand everything that is going on before he makes a decision i think that it is also evident he makes companions on the minutes not a lot of people that read the minutes carefully you know hes a detailed person and wants to get everything right as indicated by previous speakers the ifkts has turned a corner compared to the report the 13 and 14 jury and that what commissioner quentin kopp brings to the party is a basically, hes going to keep the momentum moving forward and with that thank you for the opportunity to speak and wholeheartedly support his reappointment to the Ethics Commission. Thank you next person please. Im bruce and i lived with my family at 2262, 14th avenue in supervisor norman yee district since 1963 and the cofounder with my wife copublisher and editor for almost 50 years i say that because ive known quentin kopp all those years and almost every year we would bring him into the garden and quiz him own this and that hes actively running forest we were a tax and spend paper he was spend less and we believed in clean government and nobody pushed him around and figured out what happens at city hall we had our arguments because we were on different political labeling but i said before the same hearing a few months ago hes the only person i know in my 50 years of covering San Francisco politics candidates and issues the only person ill recommend on a qualified business to the Ethics Commission the only one i say that today after hes done a good job in the few months provided focus and energy and creativity at a time that the Ethics Commission needed it so i could go on but i think that quentin kopp is person and i hope that you endorse him thanks very much. Thank you, sir. Next person please. My name is richard i dont have much to say except that i just heard that he was in the air force and during that time i also was in the korean war and i was in the front line and people asked me you know my size and my strength they have supplies but i have so much to thank for the air force you, you know in back of us the big battle ships 16 inch guns to for us to just tell them where to shoot and we have the airports jets at a point to we can direct them where they lay the napoleons and im still alive we did veterans are 4 thousand appreciate quentin kopps leadership he helped many of the Homeless Veterans find a home and job he also a stronger leader to maintain the rotc in the city they have an early knowledge of training leaderships and many of jrotc members are our generalize and officers i forgot one more item. I want to say one more thing a human rights leadership about three years ago we have lots of flower shop and thank you sir, thank you. Next person please. Good afternoon. Im helen the California Common cause regretfully we must oppose the appointment of quentin kopp the people of San Francisco desire a commissioner that supports side Ethics Commission unfortunately quentin kopps records documents he did not he opposed prop k that created the Ethics Commission he authored a proposition that will have prohibited Public Campaign financing in San Francisco he was a plaintiff and authorized Public Financing program which the Ethics Commission administers and even after appointed to the Ethics Commission quentin kopp continued to oppose those Ethics Reforms 3 days after his appointment he went to governor jerry brown urging the bill that the Ethics Commission support that on Public Campaign promises and quentin kopp has personally joined a lawsuit to overturn this bill Public Financing is and heart and the core duty of Ethics Commission it gives candidates from fauldz to support the diversity a chance to run for offices without relying on donors and ivenths nee comment. We may not like but consistent with the law thats what we had to do then and quentin kopp is doing has been doing it is worth understanding that finding the distinction so the concerns dont get distorted i also want to mention our earlier offers and informal suggestions to keep the appointment open to keep people realize before you do that look at the timeline there is some timelines for holding over an appointment for a fixed time and that person could be begun once you go past the timeline not a vacancy on a commission 3 deals with regulations so im saying be careful about changing the timeline on this i urge action now i support quentin kopp unreservesly i dont agree but i respect him thank you. Thank you, sir any Public Comment seeing none, Public Comment is closed. Colleagues any more comments supervisor yee. Once again thank you to the public for coming out on both sides of this and supporting each candidate. This is a tough decision when we have more candidates than slots and persons here with unique qualifications in their resume judge quentin kopp has the reputation of being very, very, very opinionated but the reputation that stays within the boundary of law that is important for me to hear regardless of where were in total agreement with Public Finance situations that repetition that you bring in that is really important to me i know that with the experience not only as an elected official but as a judge to come in with that perspective and no one else on the commission has that is unique that what balance off the total condition itself and because of that i would like to recommend that we reappoint judge quentin kopp to the commission. Thank you supervisor fewer any additional questions or comments. None thank you. Im before we entertain a motion want to make some comments i had the opportunity to sit down with both candidates i say i think were in a situation that as supervisor yee said we have two really qualified people im not sure theyre qualified for the same commission and i think that one of the intention that for this particular commission that is really important qualification is truly understanding the in and outs of government not solely about Public Finance i can talk about that for a second he live in a moment i think youll three of us sitting on the body are in any way because of Public Financing that affected our campaign but the aspect of the work firemens in terms of the questions and the nature the understanding of the in and outs of government i think that is a really important qualification i think the commissioner brings that to the table whether or not people agree or disagree i think that ms. Thurman i was delighted to meet with her and understand here qualifications and she brings quality to the table ill ask her to apply for Additional Commission opportunities based on her interest in work that shes done in the city in terms of Public Finance it is really important you cant under state unless youve gone through the process ill speak there my own position having access to public fund takes a burden off the candidates in terms of how you put your Campaign Together you can reduce that burden by having assess to the public fund when campaigns are instenos e tense towards the end and plan properly you can have a access to that money that reduces the burden in terms of your time constraint so ill say regardless of whatever theibed flanagan to have a california scientist with age understanding of eucalyptus what that means in the context of San Francisco right now i think that really important so i support what excuse me supervisor yee said ill probably am supportive of leaving the seat open for mr. Petersen and urge you to folks work with to go out and find some other qualified candidates it adds to the diversity of this council. Urge you not to be someone that need to register to the requirement unless they say bring something unique to the table so can members can we entertain a motion. Would the motion be to move the certain people forward and on the same motion to continue seat number 2. Okay. And also to make sure we get the residency waiver let me do so id like to recommend that we move John John Malcolm hillan to be appointed to seat one Andrew Sullivan to seat 2 and dan flanagan to seat 4 and meg lowman to seat 5 and Michael Sullivan seat 6 and phillip pierce to seat 7 and to continue seat number 2 and to also 3. He did 12, 4 and 3 is open. And also provide a waiver or set the waiver from a residental waiver for meg lowman. Thank you supervisor yee seeing no objection it is i make a motion to send it to the full board with a positive recommendation. Mr. Clerk mr. Clerk, is there any additional business to come before this body . There are no more items the last one with a with a positive recommendation. Thank you, colleagues were adjourned good evening and welcome to the the wednesday, february 22, 2017, meeting of the San Francisco board of appeals dpoels is joined by commissioner sanchez and commissioner Bobbie Wilson and commissioner rick swig our president commissioner president honda will be absent brad to my left is the dependent and provide the board with legal advice and cable car and my name is Cynthia Goldstein the boards executive director. Were joined by Scott Sanchez planning department. We maybe by builder inspector joe duffy representing the please be advised the ringing of and use of cell phones and other Electronic Devices are prohibited. Please carry on conversations out in the hallway. Permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. Have up to 3 minutes no rebuttal. To assist the board in the accurate preparation of the minutes, members of the public are asked, not required to submit a speaker card or Business Card to the clerk. The board welcomes your comments. There are Customer Satisfaction forms available. If you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. This meeting is broadcast live on sfgovtv cable channel 78. Dvds are available to purchase directly from sfgovtv. Thank you for your attention. Well conduct our swearing in process. If you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i do after youve been sworn in or affirmed do you solemnly swear or affirm the testimony youre about to give will be the whole truth and nothing but the truth . I do. Okay. Thank you so Vice President commissioner Vice President fung two housekeeping items this evening item number 5 Jennifer Creelman vs. The department of building inspection at 143 corbett avenue. The parties are requesting jointly that be moved to april 5th to allow time for Development Discussions we do need to move the item and move to approve okay. A motion from commissioner lazarus to continue this to april 5, 2017, at the request of the parties item 5 is there any Public Comment . Okay. Seeing none pathologically or then commissioner Vice President fung commissioner lazarus commissioner swig that motion carries thank you the other housekeeping storm item 7 has to do with with an alteration permit on tichlt 55 33rd avenue the appeal is withdrawn our regular calendar general Public Comment the opportunity for anyone to address the board within a jurisdiction but not on tonights calendar any general Public Comment no item 2 commissioner questions or comments anything commissioners. No thank you so item 3 the boards consideration of the minutes of february 15th 2017. Annexes on the minutes a question if i was not here it didnt seem appropriate to vote on the minutes does the City Attorney have a opinion. It is presumed if the commissioners will vote on whether or not they approve the minutes. Okay unless the only basis for being recused a conflict of interest or the permission from the other members of the body. Thank you sure it is clear. Any comments or additions to the minutes move to deposit. Thank you any Public Comment on the minutes seeing none, we have a motion from the Vice President to adopt the minutes commissioner lazarus commissioner wilson commissioner swig thank you that motion carries im just not 100 percent sure that item number 4 is happening there is a request to continue to item to the 22 of march came through my phone this moment by the parties. Both parties . Yes. Both parties. Actually, i dont know if so it both parties i cant tell from the email bear with me a moment the parties are here; right . Why not hear the next case. That would be great thank you so well hold off on item 4 item 5 rescheduled so item 6 this is appeal Alexander Fleming vs. The Zoning Administrator at 523 guerrero street. Appealing the denial on december 1st of an exposure variance to convert the ground floor of the 3 family between to a new between to a noncomplying rear yard start with the appellant the appellants agent. Thank you and unfortunately my thanks very much scott my name is iran District Attorney im the architect of record for this studio addition indeed i intend to speak quietly at 523 guerrero street we the owner rejects not being here had business in Santa Barbara sends his rejects so sorry i need to collect my thoughts that is the the subject property at is a 3 unit building with vacant storage nonused Storage Space on the ground floor as well as a garage my client decided to do a volunteerly schematic upgrade and capture the urban used Storage Space to create a new unit also lives in the building the garage is being used belongs to one of the unit not deed it is an Apartment Building so is he established out with another designer not a licensed architect who got him acquit a ways introduce the process did a good Schematic Design and took to the various Building Department dpw got preliminary approval of the streetscape plan, etc. So she wanted to make sure that all her ducks were in the right now and something in the rejected well when the, of course, the Structural Engineer was involved do do the smeefks upgrades he is, of course, unable to take responsibility for her drawings i was brought in to actually finish up the project im a licensed architect and you know she did a good job finished up the details and title 24 and did whatever else was needed and brought it into the brought my drawings into go maybe overthecounter that was what was indicated in her minutes ever her discussions with the various departments at a time she was told so i did this to get two separate permit applications on the one set of drawings because it was actually was one thing and we got partway there overthecounter and overthecounter i was youll see in exhibit b i think it show see the two the one set of drawings with one, two sets of permanent drawings he went to planning and i met with edgar who told me that you know you really should spate out the drawings do the smeefks not voluntarily do the schematics upgrade and come back and do the unit addition he said truly when you do it do it as just a unit addition with a variation she said everything about the plans were pretty much ready with the permits he said youve got everything except this minor enclosure. inaudible . Pull the microphone over. Excuse me. The the subject building unfortunately, the original designer put mudrooms in exits there which was semi transparent their exit stairs in the space that otherwise would have been a very nice 25 by 27 backyard but my project the building is relatively small relative to all the rest of the buildings and we have a substandard lot the lot well it is 90 feet deep so our lot end somewhere if looks like it is there but not somewhere back here we ended up from the front space to the back of the lot is 27s feet and this was here 17 feet well, that happens that close to being. You have a very expensive easel the width of unit is only 17 feet without the overhead thing that is 17 feet and it goes back to 17 feet so we felt that mr. Lopez said you got a good case ive seen m rebuttal time. Very good. Inspector duffy to hold anything for you. Scott sanchez planning department. Thank you for having the hearing tonight for this case so appreciate the comments and concerns by the appellant just as some background the proposal to add a between to the the subject property at that didnt feature as the unit is proposed not code compliant enclosure on a rear yard in order for the street that didnt meet the requirement of planning code so with that there are two processes that one what undertake used to be one process which was a variance process but for the past two years theres the ability to add do accessary dwelling now the division the dwelling unit allows administration review the project and allows for granting of waivers like the endorse in this case in order to quality for the waiver under the adu provisions it has to be 15 by 1 foot open area that faces on to which this qualifies for the benefit of review the ability that are added under the program that are rental unit to create we havent had the ability to do to create them to grant a zaurns 5 findings that needed to be made in this case, the acting variance in august we been faced with prestigious combed that are adding dwelling units and if an alternative pathway used to be no, but where there is an alternative path we findings those are havent met the necessarily 5 standards for granting the variance there is a code compliant path an alternative path that allows for the creation of unit without a variance thats the in case here for those reasons it is not worthy of a grant for the property in terms of the staff conversations we discussed that with the folks and current a great resource and do everything you can to understand the process that was my understanding that when he was suggesting that as an alternative and make people aware the most that are there i tell people you can point out my determination to the board of appeals not meaning it will be over turned but a good chance these days but have to make people available that are available to them so it results it was represented to him the city administrative of the Property Owner to not is age electrical unit not have the restriction for the new unit so if thats the case this is the process to go through certainly in the past no other process and variances have been looked more favorably by the way, in this case there is an alternative process one that has benefit to the city so you know with that, i i believe that mr. Thank you for your time appropriately denied the variance i reviewed the materials by the appellant i dont feel they had a strong argument about the 5 finding that are necessary to the grant of 0 variance the argument largely was based on you know that staff had told them to go through the process and therefore that was enough to justify the granting of a variance i dont see that as justification for granting a variance and certainly, if we were to tell someone if you see the board of appeals take an action like this this is not what the decision will be we reserve the right for the information at the time the Public Housing was held and i think the decision was appropriately render ill be happy to answer any questions you may have. Questions. Just to clarify so prior to this new process if you gotten this as then a variance where you saying youll be more inclined to grant it from it didnt necessarily meet the criteria. So thats what were looking at here you know what is the handicapping of a variance and in this case there is no handicapping because there is actually a codecompliant alternated that allowed the creation of unit thats hard to make all the findings by previously if there was this was 5 years ago and you know were having because of otherwise be a quality unit to meet the endorsed requirement well be inclined to grant the evaporates no way to add to the Housing Stock within the density limits but through the processes now alternative processes i understand interest is a restriction for it being rentcontrolled housing but seeking a exemption to a code compliant so it is a fair trade off not metal detector all the code compliant but going through the accessary Dwelling Program and having it subject to rent control it is a fair trade off for not meeting all the trade requirements and commissioners. I absolutely see the point and lean towards the agreement that that is a fair trade i think well see things in the future about that because now there is an opportunity to it can illegal units and make them into legal unit unit by what you described, however, it is important in a hearing process to reask the question although i always anticipate the answer is having rent control permanently on a unit which is trying to legalize is that a handicapping is anyone going to say well, your wrong it is a handicapping to have permanent rent control on. Can i clarify one thing that is not an illegal unit. No, no, no im not characterizing that as an illegal unit unit in any way, shape, or form whether the Current Situation not an illegal unit it is strictly a variance but any unit that going for conversion and it is can permanent rent control be considered a handicapping. No. Thats the key question bureau but a hardship of rent control im not have that vein but i want to put it on the record. I have two questions any other questions first is theres 3 levels of residence use above the proposed new unit is there a combination of two of the floors to a unit. The architect can address. Secondly, this is a question of endorse most of cases on exposure related to corner lots and the apartments in terms of benefits of urban design having the building wrapping the corner versus a code compliant required a gap on one side or the other how does this differ from that. To this would be mid block it was existing legal nonconforming so not a code compliant rear yard faces on the rear yard which is not code compliant it didnt meet the requirements for the exposure after the code compliant usually it depends on the size of lot theyre better off for meeting the exposure requirement by facing the streets if youre in a corner lot my units that face on the frontage is a code compliant if so it as larger corner lot have a case theyre creating a noncompliant rear yard to the unit that a face that are noncomplaint in this case an existing structure with the adding dwelling unit and most of time i review the least half a dozens of those a week as an accessary dwelling and with the number of units up to six or seven unit added under this program per believe so i i mean it is something that people avail themselves in terms of adding to the Housing Stock but maybe i didnt answer that question. Okay. He think i would have differed a little bit in terms of how those buildings were not coming from to the exposure requirement whether the size of lot was large or small the issue of the distance from there openings to the Property Line but we can thats a separate issue in terms of the new construction but in terms of the difference between those variance requests versus this one is something that well stack on i guess. Okay. Thank you so i dont think there is any Public Comment but rebuttal from the appellant side. The backyard there the plan is to terrace that back it has wonderful exposure actually and in the paperwork that mr. Sanchez submitted his are you able to my original appeal he mentioned possibly putting the new unit in the front because with the street frontage it will meet all the requirements but one the garage is being used and two a garden apartment at street level is so much more pleasant than street level up to the street plus the garage is being used so that didnt really in our minds that you know youre not supposed to take away from the rental part of rental is the garage that was really a solution for us september 4th is when i understand the entire city became enveloped with this policy of adu unit for the whole city up into the literature i was privy to at the time of now almost a year ago about doing all of this it hfs the castro and it was for units that were was required to have a retrofit and i dont know if youve ever seen this handout but although it is dated july of 2015 and we went in may of 2016 but this was what i had on hand when i was told this i had a mixture i looked at the literature for adus in the castro a under the schematic retrofit legislation from the existing building is subject to rent control then adu and coast if you are youre adding kooufrts in july of 2015 as far i saw of 2016 a couple of weeks after my hearing with mr. Sanchez that it became a citywide thing with all that considered it seemed applyable alex lets go ahead and do it i dont advise variances lightly through everything i could see advice of the senior planner it seemed reasonable two different results. You need to wrap up. Okay mr. Sanchez. Oh, excuse me were there 3 units here before. Theres 3 flats there is a 4 Story Building the ground floor. How do you create. At the ground level it happens to be no, this building is a 4 unit. Exactly within that. Thank you Scott Sanchez planning department. I think the appellants timeline of when it became available San Francisco government Audit Oversight Commission is accurate by the time of hearing it applied to smooefks for the retrofit i think that was required in 2015 but it was an eligible process that of the variance it was heard and at the time it applied to the voluntarily upgrades so ill be happy to answer any questions you may have. This zoning allows what 3 units. Within the density that is allowed under this. So the fourth unit is without the adu process would have been in excess of the density. So the zoning is rto generally no unit limit there is a this is within the allowed limit it used to be the rh3 or rh2 before the eastern neighborhoods sdoensz to the rto. And the density is based on the site area. In the rto generally not limited by site areas if there is an rto ill double check but within the density limits of district not exceeding the density if it was they couldnt seek a variance for it it will be through the adu process at this point. The last thing that was only a stair and rear yard that make that a nonconforming rear yard. No, i think that is building itself extends into the rear yard but it is well the mudroom what she calls the mudroom otherwise she indicated that it was 27s feet from the rear Property Line to the face of this unit. I i know no dimension of the drawing. Only in response to that question. You have to come to the microphone. So on the plans there is a 17 foot rear yard which is showing here there is actually within that 17 foot rear yard there is a roof with an open stairwell well but it will have to a 25 feet rear yard but part of stairs and part of existing building will be for a compliment rear yard and if you understand that but if she removed the mudroom would that and left the stair would that then be a complying rear yard. In the stairs are not compliant. Accuses us. If youre done with the question commissioners, the matter is submitted. Commissioners. I see the Zoning Administrators argument is valid because there is an alternative and therefore there isnt a hardship and therefore the variance theres no justification for a variance and it can get down with the alternative process without a problem so therefore you know, i would deny the appeal. So i guess im differ from that a little bit in the following ways the face of this unit is compliant to the rear yard if so the planning interpretation of the overall building because of the stair portion and what they call the mudroom sticks into the rear yard therefore the whole building is noncompliant in terms of rear yard but the unit itself is compliment not firm in terms of what it looks like it does dimensionly the width of the unit in terms of what the rear yard there i guess im looking it is a process of exposure the adu process was done primarily to take care of the illegal units and bring them to code and make them part of the Housing Stock this is not an illegal unit that is under that kind of process and therefore it is not my mind the same as the example of the common ones with the rooms behind the garage and the richard or part there are thousands of them and so i disagree with actually with both sides in terms of this is a purely a process the question is it satisfy the exposure requirement so it didnt require a variance in the in the first place. I understand planning determination yeah there is a piece of building that sticks and therefore that piece creates that the entire rear yard a noncomplia noncompliant. If no now we are going getting confusing here this whole case is built on the question of a variance so were discussing a variance for not a evaporates. But if the commissioners reading is that were discussing the wrong thing because there shouldnt be a variance discussion in the first place how the case becomes well null and void how do we move away from a variance versus a nonvariance if youre position is not a variance discussion in the first place that leads to confusion for me. Not that im not dangerously with you by the way, your wisdom is very strong in this case but were not thats not the case that is in front of us. I guess im not saying that planning has been inconsistent in their determination what creates a noncompliant situation but i disagreed with the va and our discussion of where exposure variances have come before us historically theyve all been yes on corner lots but the reason they were given was that the dimension from openings in the building to the rear Property Line were not per code we gave those left and right including for highrises weve done it for three or four Story Buildings and so ive seen the differences between those exposure variance versus this one, this one conforms if you take the street line dimension from the face of unit to the rear yard. But so and so variances arguably met the criteria for a variance; right . You know my opinion of the 5 criterias i mean, you look at both of those neither the appellant nor the Department Reason made compelling cases either way. But i think this might be worth thank you think no reason for going for a variance then the appellant is only left with the accessary dwelling process respect this seems for rent control and dont get anywhere. Lets go away from that whether i feel it should have been a variance application or not lets go to the fact there is an application and the question is whether the va applied it equally in this instance versus the use. So our point was that the va failed to recognize that in fact, a variance was not that necessary and the solution was the solution also didnt require a adu because the unit was legal in the first place so no, i probably will back off from that and say i dont think that is the the department has been consistent where one piece of building sticks out beyond the required rear yard of the entire rear yard makes it nonconforming i guess my point this situation to the code. If no ill make a motion. Unless Something Else feels. I want to. Ill remind the board if this is a motion to overturn the va and grant the variance and the board needs to articulate the 5 finding. Either tonight or at a subsequent hearing but these need to be stated and need 4 votes. Yes. We do. Why not move that along ill move to grant the appeal on the basis that the va erred in his finding on the 5 findings. Okay. I i mean, we, call the roll but we need to find have those 5 finding articulated not an error standard but we need to know what the 5 findings are but. To be provided at a future date. So the motion includes the written finding at a later date. Yes. Well not b labor that. To grant the appeal and overturn the Zoning Administrator with the adoption of the finding at a later date okay. On that motion commissioner lazarus no commissioner wilson commissioner swig no okay. That motion is voted 2 for and 2 against the motion fails there is no other motion than the variance is upheld by operation of law. I can make my motion if there is to deny the appeal and that the finding of the Zoning Administrator were correct that there should not be a variance because there is an alternative facility to allow this project to move forward and that will be the audi know i used too many words but make that what you can edit. Okay. So that motion by commissioner swig to deny the appeal and uphold the Zoning Administrator that the finding tacked by the Zoning Administrator are correct those encompass on that Motion Community college no commissioner lazarus commissioner wilson no again, the vote is 2 to two, that motion fails. Lets go home well move on to item 4 i got confirm this is item 4 appeal at james kelly vs. The department of building inspection. From the board is inclined well move the case to that date. So moved. That motion from commissioner lazarus any Public Comment . Seeing none, commissioner Vice President fung commissioner wilson commissioner swig okay. That motion carries that item is continued at the question of the parties Vice President. Whereon comment to make i know weve already acted on item 5 but i would request that the Building Department see if the parties there if they cant come to agreement with everything they should split off the portion are of the retaining wall if they can come to agreement with that and get that done because with all the rain on the hillside it doesnt make sense for them to stall that come on, if you have a statement. Commissioners joe duffy dbi so a few weeks we let them do the emergency work because we were aware it needed it wasnt kind of urgent we let them do some of the be work on building but theyre working on the settlement and we are involved in that as well with the Ethics Commission and a permit on that one coming as well so you i only bring this up because the continuance is april. I know. Anyway it is just yippee get our point it was i think we were aware of it and wanted to kind of resolve it. Okay. Thank you. Okay theres no further business. The meeting is 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. 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