tablet or smart phone, if you tap on in the corner of the three dots, you have the opportunity to "raise your hand" and we'll acknowledge you when it is your turn. you may also use in the webinar, you can use the qa function to make comments. if you are using a laptop, or desktop and you like to raise your hand as i mentioned you can use the qa function, t bottom of your screen. if you are using a smart phone, call into the system please use the star 3 function to be put into the queue and we will let you know when it is your turn to make comments.

>> one more addition, if you like response to your comment, please remember you can contact us at mod@sfgov.org, or mdc@sfgov.org or 415-554-6789. is there anyone in the room that would like to comment on this item today? seeing none, we are moving to online. >> hello. this is-- >> i believe we have one- >> one moment. hi, will, one moment. >> i believe we have one person on the call who would like to

comment. >> are you ready? john? >> yes. please go ahead, will. >> thank you. that would be me. william speaking for accessible san francisco, which is an unincorporated non profit association. thank you very much for the update. it is very useful and important to get this information. we definitely have seen improvements with outdoor dining structures in particular that were not accessible being removed or being improved, and it's helpful, but we still see many not accessible so it is helpful to understand that now only 600 have applied for

approval, and that of those, only 30 so far have been approved. so, we are following the process and i like to add two remarks. on the 311 interface, the-when i look at the categories when you try to make a complaint and they are not the best fit for just saying that this outdoor dining structure isn't accessible. it would be great if an additional category could be created that is right on point there. that's why most of the complaints you are getting are on 311 are things like blocking the sidewalk or-which are important, about those are clearly stated as options in 311 and simply complaining that

a dining structure is not properly accessible itself isn't an option, so please consider adding that in the 311. lastly, the devil is in the details, right? as this process moves forward, our concern to see that the correct standards are actually applied. there is a legal duty here to comply with certain technical standards, and therefore, it is not okay for the city and county to give relief to those standards out of sympathy or desire to support the business. these are outdoor dining opportunities for the public and no member of the public should be excluded by allowing inaccessible structures.

>> thank you for your comments. >> the federal ada requirements, there are a full set of state law requirements regarding accessible structures and we certainly hope that those are all being consulted and applied properly in this process. >> ank you for your comments. >> thank you for your time and thank you for the comment. do we have next public comment at this time? >> i wanted you to know we were having difficulty with our timer function, so please be patient. i don't want our callers to feel like we are cutting them off. it is our timer function that we are having difficulty with.

one second, we are checking one more time, please. no more hands raised at this time. this closes public comment. >> thank you. >> okay. at this time, we are moving to council member comments. anyone here, alex you have any comments? >> yes. can we-- >> control room, can you bring us back to monica and greg, please? there they are. >> thank you for your presentation greg and monica. i know that this is--1800

shared spaces and now there is 600 shared spaces. throughout san francisco. >> the council member is asking for conformation on what the change in the legislative program numbers are is the first question, please. >> and if you guys have difficulty understanding what i'm saying, please say something. >> no, i understand the question. so, we have about 600 applications, so that's 600 aspiring participants in the program. based on our experience, we believe that there will be some attrition in that 600

applicants does not necessarily mean that we'll end up issuing 600 permits, because over time folks get fatigued. once we do plan review and avail them of changes they may need to make, they take a step back and they realize, oh wow, it isn't worth it for me to make these changes and i'll just remove it outf -right, so it is common folks begin the process and ultimately remove the structure. additionally, part of the review the m ta evaluates how many linear feet of parking spaces they are allowed to occupy and a lot of sites are reduced from 2 to 1 or they are unable to gain consent from adjacent neighbor for the legislative program, so maybe they had 1 and a half before, and now they have to reduce to

1. 600 applications, 31 approved now and i would see the approvals will continue to grow hopefully, but the overall number of applications will likely drop. >> i guess-- >> just to jump in quickly greg. obviously we still get some new applications for the most part with the numbers greg is referring to is all the pandemic folks that are transitioning over, but new businesses open up. they want new parklets and so those while not significant, over time can also-- >> thank you. thank you for that. a question on that piece is that, i understand through covid there was about 1800

shared spaces or roughly about 1800 or 1600 shared spaces, is that correct? in the operation, correct? >> yes, 1600 figure was during the pandemicism we had a lot of folks with temporary permits that are expired and not operating and our team is being very methodical. we have a number of sites we know operated during the pandemic and if they didn't apply for legislative permit we reached out to them and said hey, when you remove your junk maintain a list of everyone that removed it, we main a list of folks who haven't removed it and they haven't applied and we follow up with them and let them know, if you don't apply then you can get notice of

violation, which can have a fine and other penalties you would seek to avoid. then we have folks who apply, but they don't follow up. the bear minimum as it relates to submitting an application, but maybe been non responsive or they haveen been diligent and follow up with them and remind them to complete the application. there are many different tiers of participants as it relates from transitioning to the pandemic to what the future of the program will constitute and we are always constantly trying to lend a hand with the people we can help and pull into approval and wag a finger at folks who have not demonstrated the activity we require from them to legalize the parklet. >> thank you for clarification and i think it would be good--whatever you guys are doing is good. the last question i have is

when it comes to complaints and violation. i understand there was a fine of hundred-depending on the violation and i know that you mentioned greg, that you guys do follow-up within 5 to 15 days. i just curious--you mentioned aboutblocking the sidewalk and accessibility.

i'm curious on how do you separate those two? because those two can be the same as blocking accessibility and blocking the sidewalk. the second question is that, when you checking if the businesses change or--not agreeing with any legal action,

is there a warning? if you don't do this, you could be revoked? if you need me to repeat that, let me know. >> okay. i think i got it. for sidewalk obstructions, we'll go out and investigate. with some sidewalk obstructions it can be temporary, which is to say someone sends a picture and by the time we get there it is moved. it could have been a patron that pulled a chair out or employee that doesn't know where the merchandise display. we review a plan for merchandise display, but they may unaware there is

configuration so we typically reach out to them and remind them of the need to maintain a clear path of travel, to maintain adherence to previously approved set of plans, which we reviewed for accessibility prior. if you have approved plans, you stick to the plans, shouldn't be any issues. the fines and the penalties, those typically we-it is last resort. we already asked someone very nicely multiple times. we typically--before someone were to receive that type of penalty, we likely would have visited them in person, we would have sent them an e-mail and physically posted a warning at the site itself, so we would have gone to multiple e channels to rectify the issue. ultimately we can revoke the permit and remove the parklet. there are two instances in which a fine would not be

appropriate because it is a imminent life safety issue. we are just gegoing to pivot into probably removing the structure ourselves and forwarding a bill to the bureau of delinquent revenue pursuant to the business inability to remove it. we tell someone you got taget it out of here and if they don't do it themselves we will do it and bill them for it. again, these are like [indiscernible] not the firs tool in the tool kit that we seek to use. we try to inform, educate first and foremost and the punitive measures are on the back end of like, we are not having a productive conversation with this participant. >> the next question i have-monica you can chime in if you need to.

are there any push-back from these 600 applicants or--refuse to comply? >> yes. i'm glad you asked. it is unfortunate that so much of our work. we very much have push-back and--[indiscernible] had a situation for a couple years even if it was temporary, it still sounds like there is ownership over the space, so when the is information about having to make changes that are costly, it often doesn't-it often is a challenging conversation and there's

push-back. maybe it is because they are costly. they invested thousands of dollars in the parklet already. the changes are additional. or maybe it is changing the footprint which means a smaller parklet or sidewalk table and chairs, which means fewer tables, less revenue generated. so, it is just a big transition period and trade-off, but that we really have myto handle each one with a lot of communication and visits and work to get them to a place to hopefully stay in the program and continue to invest and they see it is something that is so viable for them. it may not be for everybody, but your question is-there is push-back and unfortunately the citations and fines are last

resort if they are not willing to make changes and they effectively don't have a permit to operate the space any longer and not in good faith toward permit issuance. those are people that were rolling out every month warnings, citations, if people are not wanting to make the changes but they need to. >> if i might clarify, monica, when you and greg are talking about push-back, i think what cochair madrid is referring to is around the specifically the accessibility piece, right sph >> yes. and--refuse to comply with the

city mandates. >> are you able to speak to specifics around no compliance with disability access laws? >> i apologize for jumping in and not setting that correctly. take it away. i see a lot less of that. >> i think that is a good point. i thank you for the information. greg, you can speak on that? >> this is greg with public works. yes, one of the big challenges is under the pandemic program, we allowed accessible seating

as a supplement on the sidewalks, soa structure in parking space did not necessarily have to have accessible seating if the business provided accessible seating on the sidewalk. for a business that created structures that did not include accessible seating as a result of this. when the program was legislated, one of the updates is the structures all needed to include accessible seat, so there are some businesses that were challenged by the notion they previously were able to provide and meet the requirement for accessibility was no longer admissible and i would say that the other common push-back we get is just it could be very challenging to produce accessible structures on very steep hills and so there are businesses that really really want a parklet and really really struggle with engineering one that meets accessibility and seating

requirements. >> thank you. >> thank you. thank you alex. thank you for those responses and we are going to move on-orchid do you have any comments? >> [indiscernible] [microphone not on] here we go. thank you to the control room. i'll keep it brief. i am in district 9. r and who ever is doing the clean up at mission street corridor at the 24 section has been working-sorry, rather been very challenging to get through on the sidewalk. there is a lot of vendors and it has been horrific, however there is massive improvement

and i am able to walk more safely and happy about that improvement and hope it continues to stay that way and thank you to whom ever has been involved with that, who ever is responsible for that. i understand small businesses want to thrive and the goal is to connect community in spaces like this, and from that perspective it is very important to allow those spaces to have vendors, however, i think there is a the space goes and accessibility and i think that there could be training and perhaps some areas where we could accommodate those small businesses and allow for accessibility and parklets. i notice there are a few places that have parklets in a parking area and there has been graffiti that and vandalism

that happened and that is on the business owner often to clean up, and then i see there is also some other concerns there, so in brief, just wanted to make those comments. thank you. >> thank you orchid. is there any response? sorry. >> if we can go back to the speaker, please. >> hi. this is gregory with public works. i have been working with the street vending program. my team is also responsible for issuing permits and inspection team over at public works has been work in tandem with the police department on mission

street, so-then all hands on deck effort, so to speak. we continue to work with vendors and with enforcement to reduce congestion and path of travel there. new rules have been adopted that relate to the amount of space that vendors can occupy and we are in the process of administering how we are going to place those vendors pursuant to these rules, so i think that may lead to less vendors or less permitted vendors within a defined space, which hopefully will ease congestion and path of travel. it is a continuous and sustained effort to try to reduce congestion and maintain safety in that area. public works team will continue to work with community groups in the area and we are always receptive to any type of education or training that may

help promote accessibility so thank you. >> back to you, sherry. thank you so much. okay, i'm going to the webex now. denise or patricia. >> this is denise. i have no questions at this time. thank you, sherry. >> thank you. and patricia. >> neither do i. i don't have any question. thank you. >> this is sherry, and i just want to comment that it seems an incredible amount of vendors or establishments to go from 1500 pandemic to post-pandemic, 600 and that is a very daunting task to track down the 900 that did not apply. to make sure that you know,

that they are not still operating their parklets or shared space. i also find it amazing or whatever the word is, when it went from the regulations in place for accessibility during pandemic, and now it is a federal mandate, but is it that much of a difference in the compliance, because if they had just been in compliance during pandemic, how much of a difference is it going to the new program with the federal legislation? >> so on behalf of the speakers i think gregory or monica, if you could talk about the broad categories of compliance that we look at in the shared spaces

program. disablt access is one, but there are others. >> yeah. >> it might be helpful to clarify that. go ahead. >> sure. i'll jump in briefly to say that, fire access and footprint and visibility at intersections are some of the big categories. there is a host of things that maybe folks are not wanting to come into compliance with and continue with the program. emergency access, lights, you need a 3 foot gap in the middle if over 20 feet long, or 3 foot setback at the end of the parklet to have emergency access and clearance at the end of the parking stall, which means parking spaces or parklets that is a common one.

of course, i can elaborate on accessibility and [indiscernible] pre-pandemic. those are some of the main things. [indiscernible] emergency access. >> thank you monica. the end of that was specifically required for this during pandemic? >> some was and a lot, a lot changed or wasn't enforced at the time. >> okay. alright, i didn't realize it was that nuch a change where people are like, now freaking out like they never heard of it before. okay. thank you so much. that's-thank you very much for what you are doing, because that is a very important part of living, commuting and trying to do what we want to do in the city of san francisco. mod staff , do you have questions? >> very briefly, i wanted to say a couple things.

this is nicole speakingism . thank you gregory and monica. i want to highlight for the public that we work very hard and what i think very effective manual that really highlights all of the accessibility requirements and with some exceptions that greg has spoken to around grade and things. many many of the accessibility requirements are very easily achieved, so just want to emphasize that. then also say that, it might be a good time to look has been a has worked with the shared spaces folks, but really looking at how folks can report an accessibility violation and make sure it is easy to do and

understand it is possible. so, that's one of the commitments that you will have. [coughing] i encourage the council if there is anything in particular that you would like as a matter of follow-up to do that is follow-up request to this item. thank you very very much. >> thank you nicole. again, greg and monica, thank you so much for your presentation today. look forward hearing from you again. >> thanks for having us. have a lovely weekend. >> thank you. >> okay. moving right along. i would like to turn our attention to mod deputy director debbie kaplan for a report or information on any correspondence we received this month or since our last mod

meeting. mdc meeting. >> well, is my voice coming through? >> [indiscernible] >> okay, good. good afternoon council members. for correspondence, the sole issue that you have received correspondence about in the number of 50 plus messages is about a issue you have already taken action on and that is the

no turn on red policy that you have written a letter to the mta board in urging them to adopt, so this campaign is continuing and you have continued to receive correspondence about it that is all based on a template, all the e-mails are the same and urge you to support no turn on red. >> thank you. >> this is nicole. i also want to add that, the mayor's office on disability did receive the letter about holiday plaza and if it hasn't been distributed to you as council members yet, it will be.

it was just received this week, so please be expecting that formal correspondence as well. >> okay. thank you so much. okay. clerk, we are moving to our last opportunity for general comment. if you could please read the instructions one more time, please. >> could i please have the camera on me? great, thank you. now at this time, members of the public may address the council on items of interest to the public that are within the subject matter jurisdiction of the council, which are not on today's meeting agenda.

each member of the public may address the council for up to three minutes unless the cochairs determine that in interest of time, comments may be limited to a shorter time when there are larger number of public comments. with respect to today's item specific discussion items, your opportunity to address the council will be afforded at the conclusion of each discussion item before each council discussion begins, which already occurred. if you like to respond-get a response from the committee, please contact us and provide your e-mail address to mdc@sfgov.org in the subject line say, request for response or you can call 415-544-6789 to leave your comments.

thank you. and we are ready and available for any general comments from the public. >> first start with anyone in the room desiring to make public comment. doesn't appear if there is anyone in the room. unless in my wheelchair i'm not seeing anyone. i don't see anyone. we don't have anyone who raised their hand remotely either, so i believe we can close public comment. >> thank you director bohn, and at this point, we are moving to our last agenda item before we adjourn, which is council member comments or announcements. alex. >> yes. thank you. i want to say, thank you for

everybody for sticking with us. i just want to say happy holidays, happy hanukkah--happy holidays to you and i just want to say, thank you for the staff and for the wonderful interpreters that is sticking with us. --thank you. >> thank you alex. orchid. sorry about that. thank you. denise. >> alex said it so eloquently.

happy holidays and thank everyone for their support and we look forward working with you and seeing you in 2024. [indiscernible] thank you council members, staff. bye bye. >> thank you, denise. patricia. >> no additional comments. >> thank you. this is cochair sherry, and i just want to say thank you for a great year on the council working with mod. it has been a pleasure working with the public. been a pleasure. looking forward to seeing you all next year and i wish you all happy holidays and a very peaceful new year. i think if there are no objections i am going to adjourn this meeting. thank you so much. >> thank you.

[meeting adjourned] >> so i'm linda i'm part owner and manager of the paper tree in jeopardy an town. >> paper tree opened by my parent in 1968. so we other second oldest business in jap an town. at 55 years this year.

we have beautiful papers from japan, thailand, italy, korea and the biggest selection of orgami. i do it because of my grand father and he wrote to the first english in it in the early 50s. he had an import business to import japanese goods and of course we had our line of paper. to go with the books he produced. it is something i have been doing since i was 5 and i'm happy to say i'm a designer now and of course having paper tree. it is grit. >> during the pandemic i wanted do something to make a statement to help combat the asian hate that was prevalent at that time. and so i put a call out to have a thousand hearts. this is a spin on the tradition

of holding 1,000 cranes when you have a wish. well, a thousand cranes does not make a statement enough why not change it and a call for a thousand hearts? i created a website dedicated to the project. a video and fold heart instructions. people sent them in the first mont was 1,000 hearts. they kept coming in. and the next goal was 7, 698, which was the total number of case of reported hate by the ap i website. those were the reported case of hate. there are more not reported. that became the new goal. we achieved 2 months later. the hearts were coming in it it is a big project, we have it part of our store. anyone can come and fold an easy heart. keeping that part of the japanese tradition of this in that way here in japantown is

pretty special. its great. television. >> in 1948 swensen's ice cream

used to make ice cream in the navy and decided to open up an ice cream shop it it takes time for the parent to put money down and diane one of the managers at zen citizen in arena hills open and serve old-fashioned ice cream. >> over 20 years. >> yeah. >> had my own business i was a firefighter and came in- in 1969 her dad had ice cream and left here still the owner but shortly after um, in here became the inc. maker the manager and lead and branded the store from day to day and in the late 90s-

was obvious choice he sold it to him and he called us up one night and said i'm going to sell the ice cream store what you you talking about diane came and looked at the store and something we want to do and had a history of her dad here and growing up here at the ice cream store we decided to take that business on. >> and have it in the family i didn't want to sell it. >> to keep it here in san francisco. >> and (unintelligible). >> share worked there and worked with all the people and a lot of customers come in. >> a round hill in the adjoining areas loved neither

ice cream shop in this area and support russia hills and have clean up day and give them free ice cream because that is those are the people that keep us the opportunity to stick around here four so many years next generations have been coming her 20 er thirty or 40 years and we have the ingredients something it sold and, you know, her dad said to treat the customers right and people will keep on coming back and 75 or 74 years, you know, that is quite an accomplishment i think of it as our first 75 years and like to see that, you know, going into the future um, that ice cream

shop will be around used to be 4 hundred in the united states and all gone equipment for that one that is the first and last we're proud of that we're still standing and people people are you tell people it's been around in 50 years and don't plan on

>> good evening and welcome to january 17, 2024 meeting of the san francisco board of appeals.

president swig is the residing officer and joined by lopez--also present is deputy city attorney jen huber who provides the board with needed legal advice. the board legal [indiscernible] i'm julie rosenberg the board executive director. we are joined by representatives from city departments presenting before the board. we expect chris buck urban forester representing san francisco public works bureau urban forestry and larry kessler, manager of retail tobacco smoking program. jeanine yo