Matt haney and our clerk is ms. Erika major. We welcome, in her own right for her first trial by fire experience is Land Use Committee deputy City Attorney anne pearson. Do you have any announcements . Clerk silence all cellphones and electronic devices. Completed speaker cards and copies of any documents that include as part of a file should be submitted to the clerk. Items will appear on the januarf supervisors agenda less otherwise stated. We are joined momentarily to my right by vicechair of the Committee Supervisor ahsha safai who rightfully comments that it is quite warm in these chambers so, ms. Major, when you have a second after you read item number 1, if you could ask them to cool this place down you can ask them through the chair. Send some heat to my office since i dont have any right now. That would be great. Sure thing transfer the heat from the board chambers to room 256. Clerk item number 1 entitled regulating the width of sidewalks to reduce the sidewalk width of certain locations along the westerly side of pierce street in front of the maxime Health Center at 1301 pierce street sidewalks are important which is precisely why these instruments come to the board of exercises. This is a proposal to actually reduce sidewalk widths but, apparently, in the Public Interest, in supervisor haneys district on behalf of the department of public works, which i guess we now call public works, which one of you is here to testify. Please come forward. Good afternoon. Im kevin jensen, Disability Access coordinator with public works. Yes, the for examplio for fri remember you coming back with another one. This is the Health Center across the street from Kimball Playground city clinic. Were proposing a fully compliant Building Code and a. D. A. Compliant passenger loading zone at the front of that facility which includes a street level passenger loading aisle. That street level passenger loading aisle is alongside the passenger side of the vehicle pullup space which is the best way to do accessible passenger loading zones. Which we feel is important this being a clinic and all. As planning also agreed with our position on this, it doesnt effectively reduce the pedestrian through way zone in the sidewalks so its consistent with the better streets plan in as much as the pedestrian capacity of the sidewalk is uneffected. I have slides if that would be helpful. Please proceed. The location of that clinic. Kimball playground is the large patch to the right of the subject site. This is the facade with the building as it stands today. You can see the existing sidewalk has cross which were correcting with this work. Headon shot there. Looking back the other way. Its about a 4 grade down the street. Official legislated sidewalk with its 15 feet. Rendering of the project. Weve done some remodeling including putting in an elevator which is a longstanding need in this clinic. The site plan. You can see the indented passenger loading zone with the curb ramp to the rear of the vehicle space. Its directly opposite the entrance ramp and stair at the primary entrance at the main entrance. This is a drawing of the working drawing of the plan which shows dimensions. You can zoom on that in a little bit here. Im sorry this has slopes. The next exhibit has dimensions. One has slopes. Here is the dimensions here. Here are the exhibits if theres any questions. Thank you mr. Jenson. If there are no comments from committee members, are there any members of the public who would like to testify on item number 1 . If theres no objection and it will be one heard on the seventh day of january 2020. Without objection that will be the order. Colleagues, id like to skip over item number 2 pending some amendments that deputy City Attorney is working on and madam clerk, call item number 3 out of soareorder clerk to receive public input on the appropriate periods to implement the Hotel Conversion updates. Thank you, i want to thank my colleagues and city staff and the Owner Community and members of the Advocacy Community for sitting through last weeks Long Committee hearing. Given the length of that meeting we continued this meeting after receiving brief presentations from city departments. This is to receive input from stakeholders to implement our 2017h. C. O. Update Hotel Conversion ordinance update in order to ensure that any Property Owners wh owners who ny recoup investments they may have made relying on a tourist versus residential use. The amortization ordinance continues to after that it raises it to 30 days to provide staple residential uses instead of short term tourist uses. The purpose of the citys law has been that residential s. R. O. Units are intended for residents and not for tourists. The definitions have not been as clear as they could have been. Todays discussion is focused on trying to provide an appropriate buffer for those s. R. O. Owners who have been running on a Tourist Hotel model and rendering for short term use. The purpose is to restore s. R. O. S who what they have been and immigrant families and those living on fixed low incomes. A request to contain this meeting can be convened. I still a intend to amend the legislation and get back to the original policy intent that existed since 1981 that all residential rooms are ended for residential uses not seven day tourists and i will ask it in the beginning of the year persuade opursued on a parallel. Well ask questions as well as take Public Comment and then i intend to make a motion if you colleagues will continue to t to the call of the chair. We heard a brief presentation on the background of the h. C. O. But id like to ask Joseph Barber from d. B. I. To come up and lets see if we can get at sometime of the things we cannot have the chance to discuss last week. Thank you. I will not make any comments about where to put your jacket. On ton of the vilers leasing to tourists for nightly stays and operating a hotel they found an additional 13 hotels that were specifically being advertised toe tourists to tour. It is in the northeast corn of the city represented by this supervisor and the supervisor to my left and a hotel that was supposed to be 75 residential and 25 tourist. That listed 100 of all of the units as tourist rentals and another couple of buildings and listed a number of rooms for tourists so the question s. How does the city enforce listings and ensure that residential rooms are not going to tourists . I say that in light of the fact that our short term rental ordinance does not cover s. R. O. S. I mean, just broadly, we generally respond to complaints and Different Hotels suspected of unlawful conversion. There are usual suspects that come up every now and then. We respond to complaints. We go down in the hotels and check records and as of now were enforcing the seven will have dadayminimum and its lime can discover who say tourist or not we stipulate today that you know, if we find theyre not keeping their records correctly, we can find them and we do so a problem we do encounter is it sees theretheres not daily loo us. While were on that subject. I was actually going to raise that, which is mr. Lutins did refer to quote cooking the books in two sets of books. And can you state from your experience what impediments there are to d. B. I. S ability to enforce the h. C. O. Is Record Keeping a problem and have you ever caught an operator or operators not keeping correct books or keeping two sets of books as you said theres a problem with cooking the books to reflect the number of tourist rooms and vacancies. Can you address that . Yeah, i mean, we have caught a few but its sort of anxiety that theres a lot more out there we dont know because its hard to go after additional records. The legislation that you passed including supervis subpoena powd its not showing us the true occupancy of the hotel by giving us the daily logs that they fill out and having a Computer System or something that tells who is in the hotel and who pays for rooms the administrative supervisor power i continue to hear from folks in the community that the practice of keeping units vacant or as its commonly referred to as warehousing, its prevalent, particularly in certain neighborhoods like lower knob hill, the tenderloin. Do you have a sense of how many vacancies are out there and why Property Owners are holding them off the market. Given that the practice of warehousing of precious residential units in the midst of a housing crisis seems to be at odds with the contention that some Property Owners are making that they are trying to make back their frontend investments and hence our am terrization comments i know it does happen. Many units are kept vacant for extended periods and im not sure why that would be if you are trying to make money off of those units. I see it where wore just processing our annual unit usage report inform. We havent completely assembled the data base but its also selfreported and theres some data there as to how many vacancies there are. Its a snapshot when what we have asks for data from one day throughout the year. And weve looked at that before and we can certainly look at it again whats that snapshot tell you overtime if you can produce that out of . In terms of having sa vacancy units are occupied in october 15th of the year. They turned it in on november 1st so they have information from that one day. I can tell you it does happen. Im sorry if this seems obvious but its important, which is the difference between a residential unit and a tourist units. Are there different amenities provided . Are they market seconddegree d . Do some come with bathrooms and some not come with bathrooms . How does that work . Really, it depends. They can be exactly the same. Im been in buildings mix tourist and residential designated rooms and theres no difference between two rooms m will keep their tourist designated room on a different floor and i dont know for what purposes, for cleaning the rooms and after people move out but theres no nessie difference between the rooms. Theres not any enforceable the room has to be this versus that. What are some of the indicators that a room may have been unlawfully convert. Im aware of one s. R. O. Hotel that hired a artist to do to cater to a hipper, class of tourist demo graphics that the boutique industry billed itself around and got rid of a beauty salon to usher in a International Art bar and pride and permit on top of a Liquor License transfer meaning they had to get sign off from the tenants above. Only it turned out there were no tenants left. They were only renting out to tourists. I know of another s. R. O. That actively advertises personal tours of local and regional attractions ranging from monterey, carmel, yo sem tee. Are these amenities in line with a tourist use or residential use . Generally its tourist rather than residential. Are adding these amenities consistent with a residential hotel, do you think . Its up to the owner. Due have to. Its not necessary. Can you rent the rooms out for seven days at a time and advertise online. As far as advertising for the rooms, they used some of the same services basically where at least most testify is done online anyways so you are on airbnb getting a temporary unit or craigslist for more prominent listing for the s. R. O. Housing stock. I would agree with that dough know if s. R. O. Owners make a profit from the operation and maintenance from the s. R. O. S without adding these types of tourist amenities . Sure, i dont see why not. The Housing Market such that it is you can charge quite a bit and per room understood. And is there a component that makes payment options. I know that some low income residents who dont have credit cards or wish to pate their installments were concerned clarifying the definition might mean they would no longer be able to pay on a weekly basis or pay in cash. Is that accurate . No. We thought about that a while back when this was discussed before and i dont think so. As long as it shows me this person has stayed there for a long period of time or they have rent receipt 0 that person paying theres no reason why they shouldnt be able to pay on whatsoever basis they want. They can bay in advance, by week, however they want. Just as long as theyre a resident. Thats what were looking for in terms of this law. So they can rely on the same Business Model theyve take weekly payments from tenants for lodging and make a reasonable return on their investment in that way yes, from our enforcement standpoint, yes. Thank you. Id like to tell the story a i was sitting in this chamber in a hearing that then Supervisor Scott Wiener called back in early 2016, in february, when kelly, who was then with the department of publichealth before we created the department of homelessness and Supportive Housing stated in a span of four years, the city had gone from 360 stabilization rooms to 65 and im hearing its been further reduce today 53. At the time she cited factors from illegal conversions by the academy of art to little tourist conversions and can you tell us what obstacles the city has come up with against with respect to acquiring buildings and master Lease Agreement witcity agreeme . Im not sure i would able to the department of publichealth. I havent been involved in those so thats not its not in your wheel house. The chief housing record wanted me to read a comment in the record. The floor is yours. Of course i moved it. Take your time. I would be remised if i didnt include my boss remarks. Thats important. So, wed like to thank you supervisor peskin for your tireless work in the preservation of Affordable Housing regarding the Hotel Conversion ordinance. We call had the h. C. O. Thank you to sunny, your legislative aid, kristen jenson, andrea reece, in the City Attorneys office. Were all grateful for the work theyve done. The consensus theyve achieved was solved a problem that effects department for some years and the problem being some hotels would rent the same room to a different person each week regardless of their being a resident or a tourist on holiday. Even if it was a residential room for some 40 years or so and they could claim protection for this use of the exception of seven day exception. Clearly theyre not occupied as residential or a way that most of us under the word residential and to mean it so it became basically a loophole. And you know, many hotel owners follow the spirit and letter of the law but theres some that are available themselves of the loophole and its not fair to them either and its also defleeting our Housing Stock in a time we dont need that. And you are unanimous legislation was seen as closing the loophole in a way that would prevent it from being exploited in the future. Its a tax loop hope if you have a tax loophole that someone a veils themselves of and Congress Passes a law to close that loophole, do we really owe them something Going Forward because we close the loophole that it doesnt exist anymore . What about the people that never got the chance to take advantage of it . What about the other hotel owners who never vile eight the law. So, basically its a consideration is how do we balance the interests of hotel owners through seeking the versus fairness to owners and operators who are actually complying with the spirit o spie law and have residential hotels. Thank you for your boss events. Lets it open to Public Comment. I have one speaker card from ryan padder son and if you would like to testify on item number 3, if you are line to my left your right, mr. Patterson. Thank you on behalf of the San Francisco s. R. O. Hotel coalition. I want to thank you for working together with the hotel owners to try to find a resolution to this. Snag we are definitely interested in talking about. And you have asked for the s. R. O. Owners assistance with what we seem to be an unconstitutional taking of their business. Specifically, you are asking for constitutionally protected private financial information. While we want to work with the city, this needs to be done in a way that protects the privilege and confidentiality of that information that you are requested. We reiterate our suggestion for a continuance of this matter until were able to work with the City Attorney to have that discussion in a privileged and confidential sitting. Before doing anything, the city does need to come into compliance with the courts order of september 24th, 2019. Thank you very much. Thank you mr. Patterson. As i indicated at the beginning of this meeting in my opening remarks, we will continue this item to the call of the chair and if you turned your head to the left you will see Christian Jenson who you know and you are welcome to speak and set. We are speaking about the h. C. O. Thank you. I just want to say here comes santa claus, right down santa claus land use lane. I know you are glad he came. Bells are ringing, children singing. Everything is merry and bright. I hope this hotel hits the highest high. Happy holidays. Welcome to the San Francisco board of supervisors, next speaker, please. Good afternoon, im the senior director of Housing Development with tndc. Im thankful to have a second day and i missed the main events that were offered last week. We own several s. R. O. Hotels in the tenderloin. We were founded in 1981 to protect and preserve existing