To the meeting for today, thursday, november 3, 2016. Im joined by vice chair to my right and shortly to be a cuppa night by my. Please turn off your phones. Items will be on november 15th for the supervisors agenda unless otherwise stated. Thank you miss major and thank you for member of the public for your patience mme. Kirk can you please read the first item. Yes, its a contract between dominique and david the owners of 1330. From the Planning Department, ms. Ferguson . Good bargainmorning. With private Property Owners. This agreement provides property tax reduction in the story product pretties. Every local landmark building as well as what is on the National Register is eligible to pry for this program. The Program Creates an incentive for proper maintenance of our citys architectural and market provides Property Owner to delay largescale programs. The contract for 1338 which is designated as landmark 232, the owners have artie completed substantial work to the property and plan to invest over 900,000 properties for exterior work. Funny department preservation staff work closely with the Property Owners to provide professional guidance. On october 5, 2016, the Commission Unanimous recommended approval of the contract. Behalf of the commission, the Planning Commission remake recommends approval. Planning staff is available to answer any questions about the plan. Thank you. Thank you ms. Ferguson. Any question, supervisor . Are there any members of the public who would like to testified on this item. Good morning. Good morning, members of the committee. I am the president of the San Francisco heritage also coauthor of the Preservation Foundation on the mills act and obviously heritage which keeps me involved in this area. With respect to the application before you for the 1338 filbert st. We have some concern in regards to the mills act and property tax release in this instance. It implicates a policy concern with respect to the fact of the 2 million in rehabilitation costs claimed in the application. This, about over 1. 7 million of that work has been completed or will be completed before this contract takes effect. Also, we have some questions regarding the need for some of the rehab work and whether it was triggered by the subterranean tripling of Square Footage of the property, whether that would have been necessary otherwise. We have some concerns, and we believe that this contract warrants further scrutiny. Thank you mr. Blumer. We have a letter from miss holly that was emailed to us last evening, i have a printed out copy and i will make that part of the record. Good morning, supervising spirit susan. I am opposing this contract. This is a wonderful tool for Property Owners and benefits the city and its population in our historic resources. As you know, this is a historic landmark. But in this situation, the Public Interest is not served by this contract. I ask that it not me be entered into the point of the mills acts as referent in the state law and also the city ordinance, to provide tax relief for Property Owners that are willing to rehabilitate Historic Properties that other ways may not receive those benefits. In this case, i noticed in reading the files that its not really reflect that that this project is not simply a rehab but prompted by a desire to change what was then a ten unit project into four units and create an underground parking garage. Greatly and completely changing the property was controversial at the time which was a number of years ago actually, in litigation by a local preservation group. The friends of the landmark and also adjacent neighbors because there was no work being done. Environmental review. The project, i have part of me. The project is going to actually reduce city housing funds down to four units and the cost involved for this project thats going to create whether there was ten into four. As mr. Buehler indicated, many of the costs may well relate into the underground garage and the significant changes of this property. The board has a need to find that this is not in the Public Interest and this is a kind forprofit project that in fact, it destroys a historic landmark and its not necessary to achieve the purposes of this. Thank you ms. Brent holly. You have any other members of the public that would like to speak. This is the number of units in the building. Can you explain to me specifically where that is located on the document or comic and staff from the city provide us with clarity of whether or not that has occurred . Mr. Fry, i realize that this is not directly related to the mills act but it is related to the project that was approved, as far as yours. Good morning Committee Members paper the project in question was approved by both the Planning Commission and the Historic Preservation commission a number of years ago. The number of units is included from a 24 . That is correct. That happened before, this application was submitted . That is correct. This application was for the mills act was approved by the Preservation Commission as well mark they did review the contents of the application and felt that it qualified for the program. Can you explain what the reasoning was . For applying . Know what the commissioning was for approving application . From the perspective of the hpc would some contracts on our books, or many cities like los angeles and san diego have hundreds and even thousands of contracts that are in effect, a desire from the commission over the last three years is to really promote it. In one, is a landmark and has completed or is on its way of completing a rehab, they are generally in support of approving our or recommending approval for contract. I would say that the bar for them is slightly low, because they want to encourage use of the program. And thats the only financial incentive. Thank you. I have a concern, first of all there is a building that has the ability to afford to reduce the number of available units, therefore, increasing the Square Footage of the existing building footprint significantly and, i guess i just dont see why we would allow a tax break for this particular purpose . I think thats what im most concerned about. It sounds as if, there is Financial Support in order to maintain the building. I will support the motion at this time. Thank you supervisor. Without objection, the matter is tabled unanimously. Mdm. Clerk . A resolution in a mills act. The owners of 1036 and the city and county of San Francisco. Is ferguson . Please put the overhead please. Good morning again. This next contract is for 1036 which is located in the russian hills via hope, National Register. They were going to invest over hundred 50,000 for upgrades, with a replacement and restoration work. The staff was at the meeting on october 5, 2016, the preservation Commission Unanimously recommended approval of the contract. On behalf of the commission, the Planning Department recommends approval of this contract for 1036 vallejo st. Planning and staff is here to answer any questions. Thank you. Thank you ms. Ferguson. Are there any members of the public that would like to testify on either number two . C not, will close public on a comment. This is a project befitting of the mills and contract. It is much more in keeping of the intent of chapter 71 of the code if theres no objection, i suggest we send this to the full board with recommendation. I have a question. Can you explain why you believe that to be the case, that this is an application thats deserving of this particular use . Absolutely. Unlike the previous manner this not a whole scale project where theyre adding or expanding something to 17,000s were fever reducing the number of units. It is a modest project to upgrade the facility and to appropriate exterior treatment to further the historic of that particular area. I guess im just saying that whites historical significant . I will leave that to plann g planning. Good morning. Its listed as a contributor to the vallejo street, sorry the crest National Register address. It is listed in the National Register. Okay. Okay. That helps. Even if i dont visual c with my eyes. We do have pictures of it. I opened up to Public Comment we have no Public Comment. Send it to the board please without objection. This good item number three. Item number three is a resolution approving the Circle Property contract. The owners of 101 through 105 steiner st. Is ferguson . Matt please have the overhead. Good morning again. This is a contract for 101 105 steiner st. The owners have agreed to invest over 270,000 towards the work, replacement of exterior work and window repair in return for the property tax adjustment. Planning Department Staff work closely with the owners to create this plan, on october 5, 2016, the Commission Recommended approval and on behalf of the commission, they recommend approval of the mills act contract for 101105 steiner st. Were happy to answer any questions. Thank you ms. Ferguson. I do have any members of the public . Say not, we will close Public Comment. Any question for staff . C9 . Yes, this is on the registry as well as a mark m this is located on the its a contributor. Because we saw that with other particular homes in that area. My question, i know that there are home that dont necessarily have a means even with this particular tax incentive and i guess my question is, what is being done to support them . Were providing this incentive for this district which help those owners who have the means to do the work on that particular home. I do know of one personally that doesnt. And thats an elderly individual whose homes clearly stands out as one that is not necessarily wellmaintained, the question is, what is the point of the district that allows for those with means to develop their usage while others can go through this weekly progressin the process dont understand it, what happened to them . Thats a great question. Because of that, over the last two years we have been trying to target operate specifically to persons that may have limited means. For instance, weve had to work shops in the tenderloin area because it is one of our largest registered district. Also targeting, other workshops in the future within the dogpatch area. Were trying to expand and serve the people that we reach to let them know that one, if you have Technical Expertise that can help you prepare your application, too, this is really meant to help support financially some of the routine maintenance that some people have difficulty doing on their own. Workshops are great, im thinking of people who are mostly elderly, who may not, its not natural for them to go out and attend workshops. They are the kind of people that you would actually, physically go to their home and have the conversation and basically explain, but also make them feel comfortable that what youre trying to do is in their best interest to provide support for them. And we are absolutely open to that. What we found in talking to these folks and other organizations or other city agencies is that, one is to qualify to program you actually have to own a property thats either listed on the National Register designated. That really reduces the number of persons that can apply. And, there are some areas within the city they just dont have those designations. But we are certainly open to partner with other agencies to reach those populations that we may not be able to reach. Part of the reason that im asking is i know and one in particular, sits within this category and is in that particular area and i feel that all of these homes around this one home are just being going through this process getting this incentive and there is someone whos been left out. And i know that they are the homeowner of that particular property. We would love to meet with them and help them through the process and get them, hopefully next year timeframe. Thank you. Thank you supervisor. If there are no objections, we will send this item work with recommendation. Mdm. Clerk could you please call item number four. Any comments for that . Im sorry, did i not call Public Comment . Are there any members of the public for item number three . Comment public is close. We please call the final item . Item number for the short form registration and enforcing activity of the office of shirt her administration and enforcement and any help for additional and policies to enforce the law. Thank you ms. Major. This item was originally before the land use committee, it was introduced by supervisor weiner and given his schedule, he transferred into this committee with the promotion of president reed. This is just an update on the what is going in the opposite shortterm rental. With that, i will hand it over to kevin guide. Thank you and good morning. As it was mentioned, to give an update on the status of the office, put together the registration and enforcement effort. Also, the summary of the impending restoration. If i can have the overhead please. So for a quick background. The short Terminal Program on 2015, the program does not permit resin to rent out the dwelling unit for less than 30 days subject to conditions for limitations. The short terminal itself is still much in july 2015, to administer the program overseen those registration and enforcement. Here, you can see our current registration and statistics. We have received around 50 applications, and have currently have 1000 over 1600 registered host. 229 applications of been approved and another hundred and 33 are being complete. 57 applications are being in review. We have continued to reduce the review time for the application. They are complete process within 2 to 3 weeks of submittal. This chart, shows trends over time going back to january. At that time, we had over 1300 application and nearly 900 register codes. Here we are ten months later we stand around 2200 applications received with nearly 1700 registered host. This is another chronological look. This is the application received by month, on the bottom row and then the blue line at the top shows the number of applications over time. We did have a search of application when it first lines and again around december and january, since that time weve had a steady receipt of application, but certainly the levels are below of search of the initial launch of the program in december and gender. Going back a couple of slides to the 76 certificates or can l cancel, can you explain that to us . Yes. Some of those cancellations are made on the request of the hosts themselves. They simply arent doing any more activity. Or, we issued, they landlord indicated that they did not want them doing this activity. Some of those have been counseled for failure to file the quarterly reports. Which we will get into it later, but thats one of the requirements of the. Submit corded programs. We have some people who have kind of repeated failure to follows reports, were certain to revoke certificate on that basis. Thank you. I would like to touch on the steps that we take to approve the process. We had great greater appreciation participation by hose. We have better hours and location. We have a weekly walking hours, everyones afternoon and we have monthly evening walking hours for folks that cannot make it over business hours. Thats a first end of the month. We expand our appointment hours as needed to make sure that nobody is waiting for a scheduled appointment for more than a couple of day. And then, we have a vest in the spring and summer including an allday registration in city hall. We had a table in april set up and we held a series of evening events. So, i should note that in the past before the sicily staff, our timeline and applications was a bit longer. In response to that, we implement it a general practice on specific properties. A review time there down several weeks, but we have maintained this practice as a process of improvement. Its not quite the same as issue of temper license, but it has the same effect. We have launched a new website as well, one of the first so that was added was a online quarterly report. And then, work and have a series of other to the content over time. We expect to add a light of the new functional realities at the end of the month. Or doing right now is working with the online application submittal. Right now, we have around through an in person meeting dorsett. That is a critical step for us right now, with the lack of data transfers that we get. One of the ways that we want to be sure that we have confidence in our applicants and the information that theyre giving us for the program is to hold these type of meetings. We recognize that there are some meetings that can come in for the program. Where the we are developing an online tool to streamline the process that helps with the applications. Depending on, ultimately were things land and the platforms. We may require some of a personal meeting with the application but at least will file the Application Online and come in and picking up in person with a brief five minute meeting. Show us their id and verify the residency. If we do reach a future or we can very very well launch an online process that involves any sort of meeting. We would have the ability to backcheck and audit the information given the application. This is really critical for us to seek a more process and shorting timelines for the registration. Has there been any efforts on behalf of the platforms to share any Additional Data . We have reached out to several of the major platforms in february, of this year, they did come in for sears submitting where data transparency was one of the topics. We did receive responses from other platforms, right now, the mechanism for us to obtain the data would really be through the city for Attorneys Office gets a penis. In other words, there is no sort of informal or agreedupon sort of collaborate sharing of data happening with the platform. Thank you. And that was a letter that the city administrator wrote back . That is the letter that i cosign with the administrator naomi calley back in january. So the beautiful be in february and march. But ultimately, we didnt come back to any sort of agreement on any arrangement other than the process that we would go through anyway, which is to seek that information to a subpoena. Thank you. I would like to talk about are forced to work. We are conducting a lot of enforcement today. Where be more proactive with enforcement with a public or focus on a couple of major categories. Houses with multiple units, vacation rentals, people there continue to rent after and violating. Russell working with the Mayors Office of housing and Community Development to development and enforce the low market rate units are being used illegally for short time rental. Russell working with the City Attorneys Office to pursue individuals who have been repeat violators in multiple propert s properties. I show that week she graphically have efforts, anyone who have come on you certainly see concentrations where neighborhoods are desirable for shortterm rental. We think its very important that we focus that we have enforcement attention all over the city. Regardless of whether or not, its a hotspot neighborhood for short terminals. Have you seen relative to these offenders close to multiple units, have you seen any change in that behavior since there pronouncement has occurred . Yes of the delisting and multiple units. Its really difficult to tell, they have insured in the daily with us. Giving us any lists that we delisted. We do get data monthly of all the listings on the bmb there seems to be some individuals that have multiple listings in a manner that is not legal. But its really hard to gauge the exact effect of that effort. Its something, i think its based on the pledge and the media that they have undertaken relatively. There been talking about it sometime. It will be something that we will continue to monitor the data that we have. And see if we can see any tangible effects. There continue to add aid and abet illegal behavior, okay. As i mentioned, were using data to facilitate are in vacation and prioritize her cases. Just in terms of staff and members we have over 856 cases that weve open to the launch of the program. You should notice, 349 dwelling units. 470 enforcement cases are fully close with another 151 pending closure. Involving another 180 dwellings. We process over 870,000 of penalties today, we collected 350,000 of those penalties. I have a question. Im just curious in terms, this reflects those listings were, like hotels . Is it reflected in your somewhere and how often does this happen . And are you talking about the hotel that has a multiple listing . Theres a couple of different ways that they have. Some are legal and some are not. The legal version would be a registered host who has for five bedrooms in their home. And they create a separate listing to each one of those bedrooms and rent them out separately. They have one, all of the vendors together. That would be legal situation. A permissible registration for a hose. You met chen hacker homes. Depending of the size of the hacker home and operated, that could potentially be allowed under the short rental program. And the number of People Living in all these areas is it so high that it wouldnt trip the wire into being sort of a group houston. Something other 28 accessory. Furthermore agreed of the listings and categories would be those individuals who either directly or have leases or participate in this rental of multiple properties all over the cities. Those actors, i tremendous part of the population but there are some out there. And those of the people that we have been pursuing. Are those listed illegally, what will make it illegal . Thank you. Met we go back to the enforcement cases. When you say a case is fully close, youve issued notices of violation for 349 of 856 cases. Say 400 something cases are close, what is that mean . Those close can mean, several things. It could mean that we investigated and found out that there was no violation. No, we investigated and there was a heavy violation but they embedded fully. Those are the two scenarios. We investigated and find no violation or investigated and issued a notice of violation and it was updated with penalties. How often do you find the case were, theres a craze debated and it happens a case . Its not common but we do have issues on the second notice of violation on a couple of properties. I would say common occurrence, but we certainly proactively monitor that we opposes and make sure the activity isnt popping up again. If you look at the entire universe of your 417 cases that were closed and hundred 51 pending closure, foretold for about 500 cases are so, the balance are soaping investiga r investigator . That is correct. Were subtracting out, from 856 the 151 pending closure. Those are cases are still under investigation. They generally fall under the pockets of either been recently opened cases, cases that were having a lot of difficulty finding a listing and its entirely possible that the lesson is down and the activity has stopped. We want to be confident before we close a case that the activity has stopped. So we dont necessarily, we make a concerted effort to find a listing and see if we can tie the complaints to another one. How many of the 852 cases are complaint driven versus proactive . Right now were doing about 5050. Have proactive and have referral act. I have a question. So, i wanted to ask about this process just a little bit because of the complexity of different scenarios that exist. There are once particular situation where, the person actually owns a home. But technically, the person doesnt may be live there for second time of the year. Because they have various concerns about chess, what happens with the number of people who use this home. We dont understand how garbage works other smokers, all of these Different Things that exist in the neighborhood which make, creates concerns for the surrounding neighborhoods. They reported this unit, that it was i guess primarily been used as a nonhost place. The office in the castigation and found that, this is in fact persons primary residence, there has been technically no violation. Based on the reporting and everything else. I guess, in those particular cases, truly challenging. I was wondering, do you have a way to help address that . I think the issue for this neighborhood wasnt about the ability to use a platform, as much as it was as his concerns that this person does not live here. This is what theyre using this particular place for and theres no real accountability for their guest. They are concerned about what may happen to their home. This, based on their part disability with minor issues. With garbage, with smoking with, just a number of issues that have been problematic over, pretty much over a regular basis . Thank you. A couple of things i would like to say is, number one, part of the reason we go through the detail process of our application is to try to make sure that we are only giving certificate to people that only permanent residence. And thats part of the reason for the two year renewal. I say, we can issue a certificate to someone but their life circumstance can change. With regards to, yes with regards to the permanent resident status, i keep coming back to this, its all about the data transparency. If we dont have better data share from the platform, it could be really tough itevent difficult for us. There may not be evidence thats available, like their listing or anything, you know that they may be posting online that cooperates the idea that they move. Its really difficult for us to prove once we issued a certificate that someone is in eligible based on the resident. And i dont think that they simply moved i just think that they probably have two homes and maybe stay in one home more than this one. And i think that is a benefit of the problem. Theyre probably registered to vote and have most of the male come to this particular place. But they live someplace else and just use this. They may never put this unit on the rental market necessarily, but the issue here is really about the neighbors and their concerns about a possible fire cleanliness of the neighborhood. Basic qualityoflife issue that can sadly you know, create some challenges for them. Yes. The other point i wanted to make, once a certificate is issued to someone, we talked about the residence issue. But once its issued to us short terminal holes its not as if they, have a heather ticket and the have no more obligations after that point to comply with the Good Neighbor policy. We have a situation that we have issued people certificates but either because are not present at the property are they just dont operate very well, theres a lot of those type of concerns. Noisy parties. And proper trash disposal. We deftly want to hear from neighbors if those are kind of repeat individuals. We do have the ability, but it takes some amount of collaboration and we dont want to revoke people certificates the first time we received a complaint about a property. But if it happens on a repeat basis, and causing a lot of headache for the neighbors, we want to know about that. And we have the ability to revoke the certificate if they dont abide by the Good Neighbor policy. Thank you. In regards, when you make a decision to revoke certificate, do you notify the host . No. The hosting platform, they dont necessarily have any obligation on the law to delist that person. Our notices basically enforce the host that their license to conduct this activity has been revoked and they need to take down all their listings. We go back and check out heather still listing and the subject themselves or our enforcement actions. Maybe we dont have to but it seems that it would make sense that its not that much trouble to notify license and so we revoked. When i say to them that have to do anything, although we should. But if they want to be good sort of good partners in all this, they may voluntarily wish to not allow these places to be listed again. Thats a good suggestion and were now coming to the end of another reporting. And were to go back and reevaluate who is failing to file these reports and start revoking, a substantial number of certificates for failing to report. I would be happy to share that information with you. Would you at least, next time you do the report come back and update us and let us know if you made a decision to do this . Yes. I would like to acknowledge we been joined by a supervisor in the conference. And feel free to jump in at any time. Anymore questions about enforcements . If not, lets move on to host reporting. We touched upon earlier, we gave you another reporting. That is 7d2 percent response rate. Im sorry. I will more question. The other issue that we deal with a run enforcement for example. And this is something that im trying to understand how this is happening or what we can do to change it. There are people who are tenants who are necessarily registered and because are not registered, there is no way to notify the Property Owner that an application exists. I think most people who probably do that do it because they dont want to deal with the issues that come with their landlord who may say no. Clearly. One of the issues that we deal with the last time that we approved the registration requirement were Property Owners who had tenants who did this particular rental platform but the Building Owner or the homeowner was sent the bill. In some cases, the tenant is still there they can probably work it out and figured out a way to deal with the fines. But if the tenet is gone, the Building Owner is responsible. How is that right . That the person who is the owner i made, or we going wrong and how do we fix that . So that the person who is basically the one who is breaking the law, is responsible and not necessarily the homeowner in that particular case . That is an issue that we talked in length with the City Attorneys Office. I should start by saying that the vast majority of cases where a tenant was a hose, were contacted by the hose. We work with the tenant and host directly. And we resave penalty from them. We do have those cases where we have a tenant who is in violation and they receive the pay. Again, we talked to the City Attorney about this and the fact not just the way we do it but the way a lot of enforcement is done. That a violation is tied to the property and not a specific individual. But if the tenant doesnt pay, that becomes a financial application left on the property and therefore has to be addressed by someone. What we do but thats a question. How is that fair. If they had no idea that was happening or any control over the situation. I guess, to take it back just a little bit, why isnt there at least a warning to the person who is committing the crime . For example, maybe something that saves you have these many days to remove your listing or, you face penalties. Something that kinda makes it work a little bit better. Im trying to get to the bottom of that. First of all the weight structured, doesnt provide any sort of warning. I would, i would question the applicant see if Something Like that were talking about an issue like shortterm rentals. Something that is Something Like that. The threat of penalty is a huge incentive to do this activity illegally. And, i think for some people, theres plenty of people out there that are renting our units for amounts higher than that. So the penalty in of itself has to be calibrated in such a way that its an incentive for people to deceptivelyivan illegally. I would be concerned letting you off the forced warning system. It gives people latitude for mischief. Popping up under different name or property or Something Like that. I agree, it creates a difficult situation between the landlord and the tenant when there is a disagreement over whos paying the penalties. We do a couple of things to try and do our best to addresses and the concerts of the landlord. Number one, we can name that tenant and the documents that we issue following the conclusion of the case where we assess penalties. The ability for the landlord and go to court and recoup some of those damages from the penalt s penalties, they may have the ability to withhold that amount from a Security Deposit for example. Again, its not necessarily a perfect system for everyone involved that the property is sort of a, where the fine and the penalty itself plans. In the more g the majority of cases, they dont want to face eviction to contact us and pay the penalty. But just to be clear. Tenants to get a warning, they cannot be evicted like immediately because of the situation . There is a. That they have to be worn . In advance, correct . That is correct. And once we issue that notice of violations we take her steps to get that tenet to see if the activity, there being unwilling or other situations. It is not as though we sit there and continue to find the Property Owner day after day. We put pauses on those penalties and recognize the fact that they only have 70 tools at their disposal to get a difficult tenant to stop that. I guess last thing ill say is, this is why, this is really frustrating for us. Im really disappointing in the hosting platform because there are a number of scenarios that i dont believe we should have to deal with as a city when trying to allow this platform to be used in this way, but the illegal activity in setting the abuse and the disconnect and uncertainty and trying to manage this whole situation from a city perspective is deftly challenging without the cooperation of these hosting platforms who have the power based on their ability to list and have the information and know how many days are booked. Also, know whether or not the one is registered, is quite frustrating. Because it would eliminate a lot of challenges that i know your office is currently dealing with a course of enforcement. A lot of frustration between the landlord and tenants as well as Committee Members who are concerned about this particular issue been extremely problematic in certain neighborhoods. I guess were putting, on putting that out there to say, if there are recommendations that your office has that can make it even easier to enforce. Easier to, work to eliminate some of these challenges that exist. I just want to say there were open to that and we know that this platform is consistently changing and that, it is definitely important that yes, we enforce but there are again situations are creating unnecessarily. I think thats a real frustration for me and trying to basically enforce this industry properly without making it so problematic for individuals who want to use this every now and. Thank you for those comments. I would mention that. Just getting to the topic that is out there. Its kind of been forcing hose by wholesome property by property can be effective. And also getting problem property shutdown. In terms of dealing there are listings in a balloon over the last several of years. Going host by wholesome property by property is not only, with everything and the process is something that you just cant get anybody a ticket not given any type for appeal in this property. Assuming all of that going host by host is certainly a lot slower than enforcement. The start from a place of, only line your register to post a list. Which is a subject of the legislation. I think, those are the kind of things that get us out of those land areas. This brings me to, something that i am just, im not an attorney so i dont understand the legal parameters. We have platforms that are breaking the law and in that particular case why not the City Attorneys Office to watch, our own lawsuits against the hosting platform for breaking the law, which would, help us because regardless of a requirement around a specific Registration Number technically before we pay set legislation even then the law would not be followed. Is not something your office has a capacity to may be addressed in a more timely manner and the question becomes why are we as a city, basically filling the hosting platform for breaking the law . Right now under administrative codes 401a, which is part of the shortterm rental and program. The only application for the hosting platform is to inform their users that, there are San Francisco specific requirements and that they need to get registered. There are some specific language that they need a post somewhere on their site. That is the only obligation that they have. We have issued notices of violation for violating because they did not have a sort of language referencing San Francisco ordinances. There was generic language around with check with your local requirements. Some do have a page that goes in some amount of detail about local ordinances and requirements. We did issue violations and penalties. Those are the only obligations at the platforms have. This can pivot the way we view our enforcement efforts the way we view the tool that we have at our disposal probably would result if some form that is implemented. Looking whether the platform are in compliance with the new rules set forth by what we have. But again, that is currently in litigation the ordinance is set right now and listen to we get some sort of outcome that was held in october. Thank you. You know that this hosting platforms were the tenants that this could be a grounds for eviction . If its a violation of the lease . They have a pretty deeply service. I read that clause in there. I dont know i have to take a look at that. Just to go back to that in some insistence i think that there is a disconnect. With the fact that we passed a law and the hosting platform to know that we pass a law their inability or lack of communication between the law we pass and the requirements of those individuals who basically are using the platform sometimes as a disconnect between the hosting platform and those individuals knowing that there is a law requiring them to register. Which, for example i basically talked to a tenant who use this platform and who shut down and who basically used it to help them pay rent. They didnt understand the law, they didnt understand that there was a lot. Its, when you pass a law and they basically you know, run into a lot of problems and stress over the whole situation i worry that we have again, in this platforms, the ability to communicate through the host so that they are not getting in trouble and theyre doing what they need to do to register and comply with the law. And more importantly, a number of unnecessary fines are not happening with undue stress. This is separate from the people that we know are problematic who we want to shut down. Like the individuals who are taking entire units off the market and creating fake scenarios that allow them to use this platform rather, rather than provided as a way to basically take valuable rental units off the market which is really the most frustrating thing, i think were dealing with a lot of different scenarios and how do we, how do we get the right balance from a legislative perspective but more importan y importantly, i think part of it is, again this could be made easier with support and cooperation from the platform and part of that is, the negative volunteer to do that, we need to use legal means to force them to comply with the law. And thats just something i hope, hope that thats the direction were headed. Supervisor compost . Am i was not here for the presentation so i apologize for worse on the middle of it. . Am i was not here for the presentation so i apologize for worse on the middle of it. . Am i was not here for the presentation so i apologize for worse on the middle of i . Am i was not here for the presentation so i apologize for worse on the middle of it. . Am i was not here for the presentation so i apologize for worse on the middle of i . Am i was not here for the presentation so i apologize for worse on the middle of it. . Am i was not here for the presentation so i apologize for worse on the middle of it. . Am i was not here for the presentation so i apologize for worse on the middle of it. . Am i was not here for the presentation so i apologize for worse on the middle of it. . Am i was not here for the presentation so i apologize for worse on the middle of it. C . Am i was not here for the presentation so i apologize for worse on the middle of it. A . Am i was not here for the presentation so i apologize for worse on the middle of im . Am i was not here for the presentation so i apologize for worse on the middle of it. P . Am i was not here for the presentation so i apologize for worse on the middle of io . Am i was not here for the presentation so i apologize for worse on the middle of is . Am i was not here for the presentation so i apologize for worse on the middle of it. My expertise with this is, theyre not to do anything unless they have to. Common sense and responsibilities would, for most people imply that they will work with the city to do all these things. But you have to be, i think they take a very strict construction and the responsibility and specifically outline what theyre supposed to do and theyre not gonna do it. Its something as simple as being taxes. You think that everybody who does business, the city should do. It took a while for them to get to that point. I think thats just a culture. Unfortunately we find a place where we have to control everything that is expected of them. I still feel the more, i think about where we are with the enforcement the conversations that we had months ago and the additional tools we thought your office should i had. I think its sad in a way that your office advocated for less tools. I thought you would do a lot more than what you would do right now. Ive heard of people calling your office and not getting a response, i think that its clear to me that it is in office but is not a priority for the mayor. I know that he is understaffed. To do the kind of enforcement, think you have to kind of fork is on a new listing and on every listing, if your office is not able to do that with your current staffing, the staffing should be increased to make that happen. There are some of us who have measures on the ballot for this november, without going into them, because we feel that somebody has to actually be proactive about this and in the office is not being proactive, somebody else should be. I think youre smart guy you do good work and you have a lot of good people, but i think that youre kinda working with your hands tied behind your back. I dont think that we have given you all the tools. Legally. I dont agree communal resources because of that, i think there was so much we can do. Only so much you can do. With that b b in these five ports, they will file you iq every opportunity. Thats over court. I think its just a reit recurring theme for this registry and we have to we remain watchful and mindful of the fact that, who were dealing with. Thank you. If i can just address a couple of things. With the respect to tools and resources. I think a lot of this, let the elements that were passed over. This is an over, a state were were approving you application and identify fine individual problem hose. Those are exactly the kind of tools that we will see if they sort of survive the process. Those are extremely useful tools for our office to look forward to. I do want to touch upon a couple of other pieces of legislation here. In october 26th, ford supervisor, he changes to the regulations to all rentals at 60 nights per year. That will modify our action and timeline in our interest. Also in october, our office introduced a piece of legislation to exist the application right now. Chapter 41 a. Records at the Comptrollers Office to an assessment of Cost Recovery on our application fee and recommend, oppose the increase. Several months ago the controllers to issue their analysis to 250. Our office entered this to initiate discussion. To do a number things. Number one talk about the merits considering the penalty revenue that we did as being a means to look at overall area. Theres a host of ways that we could look at the fee. Right now, strong 250,000, thats a uncle at the amount to set up a particular case. We have other penalties that are older for collection. I would like to close with the information here we certainly are more than happy to receive complaints. Either via email or post line. Just wanted to remind anybody who may be watching that we do have walking hours available. Unless you have any further questions . Have any question from Committee Members . Thank you. Other members of the public would like to testify on the ongoing short form rental saga here the city and county of San Francisco, cynthia . And thank you supervisor. Thank you for your continued attention to this issue. A couple of quick points. Supervisor breed wondered if there was anything we can do to help Property Owners . Managing situation for activity that they dont know about. Perhaps your office can send the Property Owner and noticed that a complaint had been filed. As soon as it comes in. The landlord has a bit more time to deal with what is going on. And has ability to hang on to the Security Deposit for the tenant moves our mossad. Supervise and peskin you talk about the policies. And i want to make a couple he pointed out. The b b announced that they will carry multiple listings on the platform. Unless youre ready had multiple listings, in most cases any policy would affect you. You can continue to have them on the platform. And that would make exceptions if you called him and asked for an exception for example, you have a property manager looking after your unit and he has multiple listing, he can continue to have imperative of a dozen units and i hire a property manager i continued to rent 1000 units on her b b. Lastly, lets put some perspective on these numbers. Mr. Guy say that we have hundred 62 registered right now. They say that they have to market of San Francisco and more than 7000 hopes. In San Francisco. That means its 12 or 13,000 people doing shortterm rentals. And we havent registered more than 50 of them. Hoover has 35,000 drivers. And before any uber driver picks up his first passenger. Huber verifies that has a valid drivers license. Your b b audit be able to do the same. Thank you. Good morning. Cynthia pollock here. I just want to thank you for the hearing. Its been very informative to hear is how this is evolving. I have a neighbor who is running a b b cash cow. The four units in the building that brent every day and this property was completed in 2014. And stop but then began again. I filed a complaint in july of this year and it is still pending. I do know and believe that the office of shortterm rental is not able to do this process of investigating completes in a timely manner. Because they are short staffed. I think the legislation is not enough. Up issues. Theres no way that they can have this in a single unit of this property. And its frustrating as a neighbor. The way it impacts her neighborhood. I would just encourage you to swiftly move forward with this legislation lastly, i just want to give a shout out a friend who is visiting. Thank you. Thank you ms. Pollock. Next speaker please. Hi i am laura thompson. We have met with many of you, im not here to do the fed any b b, we as a group have put you to be more transferred as well. We dont have a lot of people in that area either. Specially all of us are try to be very compliant. My situation is, i do have multiple listings. They did call me and the reason why do it is because i have two levels that are connected by an internal staircase that my exhusband used to use as an office. Im using that right now to pay for my mothers bills. I have been very compliant and appreciate supervisors to attempt to take care of those of us with the spin compliance. I think ever, what youre doing is youre not focusing on the problem. But the simpson. The problem is is that a lot of people who are doing this are renters. Theyre trying to avoid avoid the rent. They know that if they comply, they will be potentially evicted. I think the thing to think ab t about, we have recommended is a shortterm or temporary license that would allow people to do two weeks a year. And maybe not have to notify their landlord. But only two weeks a little year. Im a homeowner but i appreciate the concern the landlords have. I think that would take 30 of homes off the market, 30 are rented. Please look at why people are not registering and not just the simpson. This is an expensive city living. Try to bring people forward to comply by understanding why theyre not registering. Thank you. Thank you. Next speaker please . Good morning supervisors and thank you for this hearing. Two things first of all, what the previous speaker said alleging that 30 of the rentals are by tenants, we have no basis for that that particular allegation. I would also like to say, if you want to give a license to tenants to make profit on the apartment at their renting, thats a very questionable matter. My main point though, the Tenants Union has provided a number of complaints. I believe that they have reported approximately 3000 violations of the law. Those, many of those have been discarded or somehow ignored by the office of shortterm rentals. I would like you to respectfully consider expecting some information be provided some complaints that were made by the Tenants Union and where those are. Im not on the list. Thank you. Thank you. C no other members for comment. We will close Public Comment and of their no other comments supervisor. Thank you. I just wanted to ask mr. Guy a question about the process around notifications. When a complaint is filed, its my understanding that a posting goes on the actual property. And is at the case . When we determine theres a violation of the second we received the complaint. But once were ready to receive the notice of application the penalty clock to start. Lets everybody on the property that there is a violation. I know for example, some of the registers and theres a notice that goes down to the Property Owner. I think you bring up a good point. Notification. Is there something that we need to do or something you could do to do the same for example, when a complaint comes in could an official notice be sent to the building or Property Owner immediately that a complaint has been filed . Is that possible . Yeah. Thats something that we can look into. Again, i would want to, be a little bit cautious about sort of the method that, it should not be about making money but providing people are compliance. But there certainly ways that we can set up a notification. I think the same way that we will send a notification registration, we should do the same in the case of a complaint. I think that would be really helpful because, part of us as you said we want people to be compliant. Part of doing so misses her complain of Property Owners notified in many cases, potentially they could probably make sure that their tenants or themselves may be our compliance or immediately you know, begin the process of stopping doing with her doing to wreck a lot. I agree. I do want to mention, the variety and nature of complaints of we received is really all over the map. We had some very detailed complaints. Some of them are just people fording us unregistered listings under b b. Which, it doesnt tighten address it doesnt give us anyone to notify and its not terribly useful for us once he began the process. Once you have the information you have i think that a notice is appropriate for you get to the point of posting the violation of what that is going to be. Im not certain how that would work but i do think that is worth looking into because i think it can help get many of the folks were basically breaking the law to comply before we get to a point where there are large penalties assessed. Bamboo look into that. I want to say that we have been reaching out to some of the larger property, apartments and management. Let them know that we are here. We can assist them. Finding out information sending out some of a template that they can put to their occupants and remind them that not only is it against the law, but its a violation of their lease. Were try to reach out engage in these folks and provide them with that type of tools. But we can certainly explore your suggestion of sending a notification. Okay. Thank you. Did you respond to the last speakers statement about the tenants filing or whatever complaints . With record, im not sure where that number came from. We have received complaints from the tenants unit and we have followed up on that and have violations abated. I do with a 3000 number comes from, again, as i mentioned some of our complaints that come on are just in the form of someone fording us sort of a list of a bunch of b b listings. Again, those are terribly useful for us. To be honest. We go out and we routinely find out those ourselves so around that. In terms of prioritizing not just the fact that somebody is an unregistered house but they have multiple properties at their doing a great vacation and we know that. If there was a spreadsheet with 3000 b b listings, thats one thing. We have received complaints from the tenants as an organization we followed up we brought the properties into compliance. See no further questions. We will continue this item to the call of the chair. The call of the chair. We are adjourned. Announcer b dreams and good grades arent enough to get into college. There are actual steps you need to take. Finding someone who can help is the first and most important. For the next steps, go to knowhow2go. Org. clapping. i think we have more companies anywhere in the United States its at the amazing statement were not trying to be flashy or shocking just trying to create something new and original were one of the things about the conduct our you enter and turn your your back and just so the orchestra. The most contrary composer of this time if you accountability his music you would think hes a camera come important he become ill and it was crazy he at the end of his life and pushed the boundary to think were not acceptable at this point for sure it had a great influence he was a great influence on the harmonic language on the contemporary up to now. I thought it would be interesting because they have e he was contemporary we use him on this and his life was you kill our wife you get poisons all those things are Great Stories for on opera. I was leaving behind a little bit which those collaborative dancers i was really trying to focus on opera. A friend of mine said well, what would you really want to do i said opera what is it not opera parallel. Why isnt it are that i have the support now we can do that. I realized that was something that wasnt being done in San Francisco no other organization was doing this as opposed to contemporary we are very blessed in San Francisco to have organizations well, i thought that was going to be our speciality you create a conceptual idea for setting the opera and you spear ahead and work with the other sdierndz to create an overview vision thats the final product felt opera. I was very inspired to work with him because the way he looked at the key is the way i looked at sports looking at the daily. So much our mandate is to try to enter disis particular work theres great dancers and theatre actresses and choirs weve worked with and great video artists is a great place to collect and collaborate. I had a model they have a professionally music yes, maam assemble and as a student i benefited from being around this professional on and on soccer ball and as a conductor id be able to work with them and its helped my growth i had a dream of having a professional residential on and on soccer ball to be an imperial it operates as a laboratory we germ a national the ideas technically and work with activity artists and designers and video all over the on any given project to further the way we tell stories to improve our ability to tell stories on stage. Thats part of the opera lab i was to investigate that aspect of renaissance and new work so thats why this piece it is important it was a renaissance composer. There were young people that are not interested in seeing traditional opera and like the quality and its different it has a story telling quality every little detail is integrated and helps to capture the imagination and thats part of the opera how we can use those colors into the language of today. So one of the great things of the stories of opera and story combined with opera music it allows people to let go and be entertained and enjoy the music instead of putting on headphones. Thats what is great about art sometimes everyone loves it because you have to, you know, really great you have to have both some people dont like it and some people do were concerned about that. Its about thirty something out there thats risky. You know, disliked by someone torn apart and thats the whole point of what were drying to do you never take this for granted you make sure it is the best if you can. Thank you, kyra. Good morning, everyone. Thank you. Thank you for being out here being part of the great City Response to this big big challenge. I know what carol was talking about it i was one of those frustrated people as well as watching on television. But i do enjoy these days when in fact, this is the 65th, 65 times, we have brought hundreds if not thousands of people together to make sure that we are helping folks touched the services we want to have. We have today over 150 Different Services that if we do not come together people might not be able to get the support. We are and we will always be the city of love in San Francisco. Were demonstrating this. Yes. Thank you. You are demonstrating this [applause] some people frustrations because they just want the issue to go away. Its not going away. Economic inequality is not going away. Discrimination is not going away. It takes people like you to work with us to resolve them every single day. So today we are demonstrating. I want to just say thank you to all the Different Companies the individual volunteers coming together. There are so many of you. I know somebody is going to name all of the names of all the difference Wonderful Companies that you represent. I just want to personally say thank you for coming together again 65 times. Now were doing our part as well. You know some people say what you doing spending 267 million a year on homelessness and we still see so much challenges . Well its expensive expensive to live in this great city and we dont want people to live on the streets. We dont want to see needles on the streets. Again, we do it the way we are compassionate about it. We are humanly compassion about how we solve this problem. So in the next pew months we have three more Supportive Housing buildings opening up in San Francisco. Three more added that will be dozens, hundreds of units so that people will have the housing with Supportive Services in february, will open upyes [applause] in february, wed open up new is Navigation Center. Everybody know what a Navigation Center is . All right. Let me explain. Everybody understands what shelters have been, right . They getting get out. Get in and get out. Thats what shelters have been. When i came to be mayor i said thats not good enough. To have people come into shelter, briefly, then kick them out at 8 am. Ring them in at 4 pm kick them out at 8 am and without much service or support. What we introduced was a center called a Navigation Center. Helping people navigate to permanent housing. The open up the very first one at 16th and mission street. For 75 people. Its a 247 operation. People of the meals they need to have get all the services they have. They can kind of get back into the spirit of how to sleep at night. A lot of Homeless People sleep in the daytime because of all the dangers that occur on the streets. So we are getting back into the habit of living in their own units. Over probably usually about 23 weeks people then have individual Case Management that helps them navigate to permanent housing. This is what we do now as a new model. It is now become the national model. Seattle, portland, los angeles, have all come in and they said we need to have these Navigation Center. Rather than temporary shelters that offer really no pathway to permanent housing. So when we build and when we we have the permanent housing use these Navigation Centers to get people prepared so that they can stay in their units have all the support they need. So we need more Navigation Centers. The next one that willthank you. [applause] this is, again, this is our best practice understanding of what really works to change peoples lives. Because if you do encounter you will encounter them today people are been on the streets sometimes for many years. A lot of phobias that a lot of mistrust. A lot of habits and behaviors that are going to be very challenging for them even if we have eight units ready for them they might not be able or ready to accept it. So the Navigation Centers we are doing the next one that we have. We are able to work this out with the before of San Francisco and they have provided us with an area near the dogpatch that we work it out with immediate neighborhoods were now embracing it so they welcome injured 70 person navigation ctr. On 25th st. In the dogpatch that will be ready for operation in february that again 24 seven you another site we were working on the Salvation Army as well. So were taking care of business. I want to say this is a new approach. We have to be patient but we also to the right. We are not to move people from one corner to another corner. Thats not what San Francisco is about. When we have a new department. Of department on homelessness and Supportive Housing. Jack crews is to work at Hamilton Family shelter is now the director of operations of its whole new department. We consolidated the services of or five different departments to place it is one dedicated department. Now just like every day i get to work with 120 people this one to permanent come to work and save to me unto themselves everybody they touch i get to end homelessness for one person every single day. That makes me feel great. Does not make you feel great . [applause] we have the Navigation Centers we have the new housing coming aboard. We also will have a good we are having a cayman resolution team. This is just idea. Kim and resolution to what is due . Practice we dont want people to live but our streets. Had we do it . Are clearing out the demons of the past month weve been very focused mission area from 16th on what tonight street. We seem to have a very strong presence of an cam and there. We are helping people be indian camp. Were doing the camp kuwait which we will clear those intimate but at the same time bring the man. In fact the first two weeks as we got people ready were able to bring in 35 people into permanent housing to Navigation Centers and d encamped those areas. When we get camp that means no more needles on the street. The more people shooting up, laying across the street and the midday. We are trying to do this in way in which we can also take the men on a permanent basis give them the help and support they need. So i want to say again thank you to all of you. I would give you a sense of what were doing here just working with Public Health with our human services, with our social services as well as our new department on housing and homelessness. And we Work Together with our Police Department so we dont criminalize homelessness. Just make sure we do it all the right way. So when you do your work to that new mail theres thousands of other people that are helping you in helping us figure this out permanently and ending homelessness as many people as we can touch. Thank you for coming together for 65th project homeless connect will be there working hard to make sure we do it the right way. The human way. The San Francisco way. Thank you very much. [applause]. Shop and dine the 49 promotes loophole businesses and changes residents to do thirds shopping and diane within the 49 square miles of San Francisco by supporting local services we help San Francisco remain unique and successful where will you shop and dine shop and dine the 49. My name is neil the general manager for the book shop here on west portal avenue if San Francisco this is a neighborhood bookstore and it is a wonderful neighborhood but it is an interesting community because the residents the neighborhood muni loves the neighborhood it is community and we as a book sincerely we see the same people here the shop all the time and you know to a certain degree this is part of their this is created the neighborhood a place where people come and subcontract it is in recent years we see a drop off of a lot of bookstores both National Chains and neighborhoods by the Neighborhood Stores where coming you dont want to one of the great things of San Francisco it is neighborhood neighborhood have dentist corrosive are coffeehouses but 2, 3, 4 coffeehouses in month neighborhoods that are on their own thats [gavel] i will note commissioner pating is here joyce singer and sanchez. Yes there are four. Commissioner pating just walk in. Item 2 is the approval of the minutes of the Health Commission meeting of october 18, 2016. Commissioners i apologize. Is a common missing from item 2 on the minutes between the four and 26 injured i apologize for that. Any is there a motion to approve the minutes . Moved and seconded. Any comments