Overturn the denial of the Building Permit and approve them with a scope of work that was approved by the variance because if you approved it for a larger scope of work that would not make sense because the variance would have been approved already for that limited scope of work. So essentially if the variance is upheld tonight a maximum extent is locked in. And if the variance is denied tonight, then well see them in another year when they come back they would have an option so the city charter allows, basically if you have a project disapproved, you can, one year later, basically apply for essentially the same project. Or change the project, yeah. Yeah, and right now, youd have to change it in a way that would be significantly different from the original project. You cant tweak the project and say its a different project. It has to be a significantly different project. Yeah. Thank you. Thank you. Commissioners the matters submitted. Variance commentator. Because i always comment . Exactly. You have the greatest wisdom. You know as i was listening, it was quite clear to me that you know, none of these buildings are conforming or cocompliac cocompliant, and the people arguing against the appellants buildings also are noncompliant, so the it raises the question which one is more wrong, you know, and i was thinking about that in light of another case we had on russian hill, where the organizers of and owners of certain buildings went against a permit, and the rationale they used was, you know, in terms light, air, and Everything Else but it was their building that went to the rear property line. So as i started to think about those kind of things, then i realized just what i said earli earlier is this is not a project permit. Its a project variance, and whether we agree that the five findings as produced by the za were correct in our minds, and i have to say that i dont see that the five findings have been met. Nobody in the audience talked to the findings. Im speaking that i think only two have been met, but the majority have not been met. I remember that project that commissioner fung is referring to, as well as recently, we just had 68 richardson, which was very, very similar. In that particular case, i believe that we did allow the variance. In this case, even though that the, like 68 richardson, the neighbori Neighboring Properties were not conforming, it was a whole different project. It was a it was a 600 square foot home that they were making to 1200. I would concur with Vice President fung that i would not support this either. And just to follow up the one that he was talking about the one on russian hill that came before us, i believe that we removed all the decks and conditioned that, and that that might have been prior to your coming onto this board. It was. No, i like i like the comment of commissioner fung that everybody was wrong in the first place, but the last building thats wrong gets punished for being allegedly more wrong or another version of wrong. Its its kind of quizical. I dont think im hearing on this board tonight the support for the variance. I would love to its tragic to have a i speak as a real estateoriented person to have a a piece of property which could be improved significantly and a willing sponsor to improve that for the purpose of raising their family and improving the neighborhood go go fallow and continue to be a fractured. Thats the best adjective that i can come up with at this hour of the night. I would have supported the variance but i dont think theres any will for that, so i wont raise that topic. Can you make a motion . All right. Let me float a motion and lets see if it gets anywhere. I move to grant the appeal and to deny the variance on the basis that the five criteria have not been met. Vice president , you had mentioned in particular you thought there were two findings. Do you want to identify which ones or do you want to leave it i would prefer to leave it. Okay. So the motion for the Vice President is to grant the appeal and deny the variance that the five criteria under 5 c have not about been met. My motion should be to deny the appeal. Youre granting the appeal if you want the variance to not exist. Thats correct. I know its late. I lose it at night, i guess. Okay. So on that motion to grant the appeal, commissioner lazarus. No. President honda. Aye. Commissioner wilson. Will you go first . No. Give me a second. Let me think about it. Its rare you make the decision tonight. Would you say it again, please. The motion would be to grant the appeal and deny the variance on the basis that the five findings required under the planning code have not been met. Aye. Commissioner swig. No. Four votes are needed and theres voted 32 so that motion fails. Lacking any other motion, the variance is upheld by default. I have no other no other motion being made, president honda, theres no other business before the board. Good evening. Welcome to the Small BusinessCommission Meeting tonight. As our custom to begin and end each meeting to remind the office of Small Business is the only place to start your new business in San Francisco, and the best place to get answers about starting your mail business in San Francisco. You can find us online or in person here at city hall. Best of all, our services are free of charge. This is the best place to voice your concerns with matters that affect the vitality of Small Businesses in San Francisco. If you have questions, you can start at the Small Business commission. Clerk this is the Small Business commission, regular meeting on november 13, 2017. Members of the public, please take this opportunity to silence your phones and other electronic devices. Public comment during the meeting is limited to three minutes perspeaker unless otherwise allowed by the director of the meeting. Completion of a speaker card, while optional will help ensure procedure spelling of speakers names in the written record of the meeting. Please place speaker cards in the basket to the left of the lectern. Names will be called in the order they are on the cards in the basket. Item one, call to order and roll call. Clerk [ roll call. ] mr. President , you have a quorum. All right. Next item. Public comment. Allows members of the public to comment on matters that are in the Small Business commissions jurisdiction, but not on the agenda and address future items for consideration. Discussion item. Do we have any members of the public wishing to comment on any items that are not on the agenda . Seeing none, Public Comment is closed. Clerk the presenter is me, rich kurylo Legacy Program business manager. All right. That, which we look forward to. Good evening, president dwight, commissioners. Rich kurylo, Legacy Program business manager. I have a slide presentation for you today. Before you today are two considerations for your consideration for businesses to be included on the legacy business registry. The applications were reviewed by me for completion and submitted to the Planning Department staff on september 22nd for their review. For each applicant, your Commission Packet contains a staff report, a draft resolution, the application, a case report from Planning Department staff, and a resolution from the Historic Preservation commission. There are copies on the table for the public. Item 3 a is ellory owe, y r your is elrio benefits, fu fundraisers, and community bar. Its become an anchor to the mission district, Lgbt Community of color and under served communities. Item 3 b is hwa rang kw hwa rang kwan martial arts center. They offer their space to outside martial arts groups that cannot afford to rent premises of their own, each renting space on a month to month basis. It is an Educational Institution that caters er everyone regardless of ability to pay. Both businesses received a positive recommendation from the Historic Preservation commission. After reviewing these applications and the recommendations from the Historic Preservation commission, staff finds the businesses have met the three criteria to qualify for listing on the legacy business registry. There are two draft resolutions for consideration by the Small BusinessCommission One for each of the legacy business registry applicants. Note that a motion in support of the businesses should be a motion in favor of the resolutions resolutions. In the resolutions, please pay close attention to the core physical traditions that define a business. Once approved by the Small Business commission, businesses must maintain these features of commission in order to maintain on the business registry. For el rio its 4, and for hwa mang kwa, its Small Business training. Richard, i have a question about the martial arts center. Is this a nonprofit or for profit . For profit. For profit . Mmhmm. It was ran by the church and eventually became for profit . Thats my understanding. Commissioners, any further questions before we open it up for comment . All right. Lets hear it, folks. Come and sing your praises. This is your chance. Open mic. All right. Richard will call the names in order of speaker cards. We have carol hill and jasmine johnson, and then, pablo espinoza. Commissioners, supervisors no, commissioners. Commissioners, i am carol hill, and i have to say that until i so i moved here from the east coast like 20 something years ago, and and there was, really, nothing that that i felt like was here for me until i came to el rio. El rio had, like, a womens night, and i dont know if you guys remember this, but it was a lesbian night, and they were doing something that was being done constantly that i wasnt seeing in the community, especially around women getting together socially. So i am specifically involved with mango, and it has been going on for 21 years, and it would it happened and speaking of equity, it happened because lesbians of color couldnt figure out or couldnt find a place where we would hear the music, hiphop or latin grooves, and el rio offered up that space. Almost 21 years, there have been lesbians in el rio the first saturday of every month. At mango, there have been break ups, there have been marriages, there have been children; anything that you can you can think of that could happen in the life span of 21 years has happened, and we have all done it through mango and el rio, so as far as it being a legacy, its a club that has lasted through almost all of the other lesbian clubs here. We were trying to do some research on it, but i think its the longest running lesbian event in the world, but thats just me. Im saying it and putting it in the record, but im saying at least in the area for San Francisco, and i think it is part and parcel because el rio had that lens, let us start it 21 years ago, and just keep going on for 21 years, so my god am i over time . No, you have 20 more seconds. Oh, 20 more seconds . So yes, it should be a legacy business for San Francisco because it is important, so important to keep that going. It start its done a bunch of Ground Breaking work and has done it for 20 something years, and it could definitely keep going and get all the benefits for that fantastic work. What a nice testimonial. Thank you. All right. Whos next . Well, my name is jasmine johnson. I work enough to experience el rio on both sides of the bar. I remember before i starts working at el rio, i didnt feel like i had much of a community, i didnt have much of a support system. I walked in, and instantly i felt loved, supported, every positive feeling you could imagine, i got from el rio. Its so much more than a bar. The people that work there are so much more than our employees, and the people that hangout there are so much more than customers. The past few years ive gone through so many things highs, lows, and everything in between. Ive cried, ive laughed, ive loved after el rio. We went there for comfort after florida, we went to drink there a lot during the election. Im confident im not the only one who feels this way about the bar, and im confident it will continue to be there for me, and it will continue to be there for everyone else who comes through its door. Thank you. Thank you very much. That was really great. Next, please. Good evening, commissioners. My name is pablo espinoza, and i come here today to ask that the commission approve el rios application and designate it a legacy business. Ive been a part of their community for 20 years. I came to San Francisco for life and social spaces that spoke to my experience in a multicultural event and environment. And i found a big part of that at el rio. For many lgbtq and kaliedo scope of people like me. You see yourself reflected back in the people, the parties and principles held by el rio. Its more than just a neighborhood bar. Youll hear that from just about everyone in the bay area thats been there. Its an institution. Its also a hopeful place, a representation of so much that we love about San Francisco. It is a place run by and for people who want to be surrounded by a genuine mix of folks, people of color, artists, political activists, folks committed to ending racism, sexism, homophobia. Its a people who want to be in communities with white folks, lesbians of color, day men and folks who just turned 21. Braf paragraph we live a lot of our lives in groups socially, outside of our homes, outside of our solitary comforts, and a safe inclusive space is part of that. El rio is one of those public spaces that gives back so much more. Please honor el rio and the city of San Francisco today by naming el rio as a legacy business. Thank you. Thank you very much. All right. Do we have any other speakers . Clerk clerk o clerk no other speaker cards. Okay. That was awesome. I want to thank both of these legacy business candidates for going through the arduous process of filling out the application. It is a lot of work, but i think its very rewarding because too often we dont reflect on our legacy until its too late. Either theres a fire and all the records get burned or someone passes or whatever, and we lose the did shallwe lose the tribal knowledge, so i think this has been cathartic for all the businesses that have been through the legacy and brought them this far, and we heard some great statements on behalf of el rio, so thank you very much for coming out. Appreciate it. Commissioners, any comments . I i already thought el rio was a legacy fwbusiness, b i have to give my shout out to el rio because i saw a couple of familiar faces there. I spent many sundays salsa dancing, and when you talk about inclusiveness, it really is. Its the rainbow, and its awesome, and ive been to enough hard frenchs, and you guys know what im talking about, you know, those are fun, and when you go to hard french, the crowds with the diversity, and and it really does speak of San Francisco, so yeah, im a frequent visitor to el rio. Whenever i bring people in from out of town or theyre from out of town, and they want to experience San Francisco, we always bring them to sunday at el rio, and then, we cant get them to leave. So just the bartenders and everybody who puts on the events there, mango, good for you. You know, i know a lot of women who do go to attend, and they love it, so thank you for doing what you do for our community. Thank you. Procedurally, i left out a step because i was still reflecting on your great comments. Are there any other members of the public that would like to comment on this item . Seeing none, Public Comment is closed. Got to do that for the record. Any other item . Action item. I motion that we approve el rio and hwa kang man for legacy businesses. We have a motion. [ roll call. ] that motion passes 5 to 0. Yea thank you for coming to city hall. Much appreciated. Dont feel obligated to stick around for our proceedings. Sometimes theyre interesting, sometimes theyre not. Clerk item 4, board of supervisors file number 171170, Police Administrative codes, considering criminal history and employment and housing decisions. Ordinance amending the police code to prohibit employers and Housing Providers from inquiring about requiring of disclosure of on convictions of criminalized behavior including the noncommercial use and cultivation of cannabis, reducing from 20 to five the number of employees required for an employer to be covered by the fair chance ordinance, article 49; authorize the city to impose penalties for the first violation of that ordinance, increase the penalties for subsequent violations, and authorize the payment of penalties to the victims of those violations. Create a private right of action for the victims, and amend the administrative code to, among other things, as defined herein, require city contractors and subcontractors to adhere to the above requirements when making decisions regarding employment of persons for work on city contracts and sub carrs. The presenter is britt brittni chacuata. Good evening. My name is britt brittni chacuata, and earlier this year, the citypassed ab2008, and in some ways, it surpassed our legislation, so this is really an amendment to the local ban the box to update and come into compliance with the state law, nsu, key wave, and then, tighten up some language where there wasnt clairity in others, so as mentioned right now, now, we will be covering things that are that have been decriminalized, such as possession of misdemeanor possession of cannabis, so even if you were arrested and or convicted for that