for january 22, 2015 i'd like to remind members of the public the commission that the commission does not tolerate disruptions of any kind please silence all electronic devices. during the proceeding and when speaking before the commission, if you care to, do state your name for the record. i'd like to take roll at this point. >> commissioner president wu commissioner antonini commissioner hillis commissioner moore and commissioner richards commissioner antonini is present we do expect commissioner johnson but expect commissioner fong to be absent first on your agenda item one c and e at 1631 through 39 oak street and page street conditional use authorization is proposed to turns until february 5th and case two c at

419 clemente street conditional use authorization is promoted inform continuance february 12, 2014 let me see if - >> is there any public comment on items proposed for continuance? okay. seeing none public comment is closed commissioner richards >> oh, yeah. i've heard if the project sponsor on 435 often the discretionary review calendar we were not able to make the hearing we can push that. >> that is not the project sponsor the project sponsor is opposite to that continuance i recommend we take up that matter when i it's called thank you. >> thank you. >> do i have a motion?

>> you do. >> move to continue. >> second. >> thank you commissioner antonini on that motion to continue commissioner antonini commissioner hillis commissioner moore commissioner richards and commissioner president wu so moved, commissioners, that motion passes unanimously 5 to zero and places you under commissioner matters number 3 the consideration of draft minutes for january 8th. >> public comment? sue hester i sent this in writing to you asked you to not approve those are minutes minutes are legal actions of the board when you adapt the minutes your adapting the action on all the cases there was an amendment on the eight by commissioner hillis 230

bryant street not available the motion wasn't available until thursday morning i got a quote/unquote an amendment when commissioners move amendments two really important things an office allocation is one of the biggest things it has to be in writing in not it needs to be stated it was not stated i pleaded for the staff percent for the amendment and she's out until monday once i adapt those minutes you're saying that you are - that is minutes pardon me the motions in the minutes are an accurate rvenths of what happened they're not for 340 bryant street a they don't exist you've not look at them i know

i've landmarked them this morning myself so it is inappropriate for you to adopt the minutes saying this is what happened happened you don't have the record i don't have it and i've been trying to get it i'm asking you not to do the minutes of january 8th and really think through what our doing your important body you're not doing drs you're doing drs but important other things when someone comes back to the minutes 6 months from now or one or 5 years from now they're not accurate and i'll plead 44 for you to get discipline especially office allocations thank you >> if anyone didn't get my

letter i sent it last friday you can ask me questions but i'm very frustrated thank you. >> is there any additional public comment? seeing none, public comment is closed commissioner antonini >> yeah. in regards to the comments from the public regarding 340 bryant mr. the gentleman and speaker spoke to an amendment by commissioner hillis was the amendment substantial part of what was finally passed? if you remember i'd have to go back and look it up >> for 340 bryant street the result that i have a approve

with conditions as amended including the ground floor as pdr finding supporting the conditions and finding that the transportation management plan include the traffic safety and calming practices that was the motion that was read into the record. >> maybe i'll let ms. hester would you like to any public comment? to that >> the issue here was access and sight it across two freeway lanes h o v lanes there's a public safety issue if you don't have in our motion the motion itself not the minutes if you don't have it if the minutes the language the exact languages no one will enforce it or go by a, to the minutes that's the real word i live in and you live in because your commissioners so if

sfls an amendment it should be incorporated into the motion not into the minutes minutes are transparenty who looks at the minutes to find what the commissions said that's the thrust avenue what i sent you it has to be in the language of the motion it isn't necessary can you read the exact language of motion not of the minutes if you read it - >> okay. >> i've been pleading for it. >> it appears from what i recall that mentioned the traffic calming measures were, in fact, finding not part of the motion we couldn't make those part of the motion it seemed to reflect in general that florida there's a belief the minutes

should be more comprehensive i'm willing to bring it back next time. >> just for sclafrt that should be included with the finding what was determined it shouldn't be at as a condition but part of the motion itself. >> so the question is what is in the motion; right? we don't have the motion in front of us only the minutes but it adapting the minutes basically adapting the motion not in front of you a us. >> deputy city attorney marilyn the motion was the verbiage motion the oral motion they made at the hearing i was not in attendance but that is what the commission passed the written motion needs to prohibit what

the motion was as long as the staff was accurate in the motion exactly what the commission did that shouldn't are a bearing on - the passing of the minutes is the approval of the minutes not another ratification of the motion the motion at the hearing. >> thank you commissioner moore. >> i move to continue the minutes and commissioners comment i'd like to take up the discussion because the issue of motions i think something we need to talk about possible in a subcommittee and rules we had just a few weeks ago a understanding was the motion was repeated by a second commissioner but over the course the real seekers was somewhat gnarled when it comes to the moment we need to review how we

make motions and comments and not repeating motions when someone else made the motion it is confusing for the secretary so i suggest in that particular case continue the approve the minutes to get a better understanding if we have or haven't read the motion and this is clear sailing for the continuation of the minutes i recall based on what you read part of the minutes inch not seen the motion just to be safe i will think we do well, to continue this. >> i second. >> commissioner antonini. >> i would ska ask we just continue item 15 the rest of the minutes can be approved. >> the minutes are approved as a whole. >> it would be best if we continue the entire. >> i hope this is a one week

continuance and have the motion in front of of us next week to vote on. >> so two items there's currently no items on the agenda for next week we can consider that for next week or the week after for clarification sake the written motion should reflect what is said at commission there's the issue of what is said and whether or not the commissions have the same understanding and the written part which the city attorney follows. >> and commissioners if and may when a commissioner makes a motion and it is seconded i try to repeat the motion in a fashion that everyone hears exactly what is the motion and i reiterate that into the record so if need be for clarification we can rewind the

audio to exactly what's stated i'm fairly intelligent in writing down that motion so we capture everything at the time there a may have been i mean some commissioners need not feel the same way and assume something is part of the motion that's been the case in the past so, anyway. >> director ram. >> i wanted to clarify propping u approving the minutes is different than that the motion you're not approving the motion so i think we need to clarify that the motion is written after we take action we take actions everyday that are different in the packet because we change the recommendations there's two separate things it's important you see the motion itself and make sure - it is different than

that approving the minutes. >> deputy city attorney marilyn i agree with director ram and add further that you know there's no requirement that amendments to my motion in front of the commission be present in writing i'm aware of the amendment were so complex the commission chose to continue a hearing to write up a new motion in order to make sure that everything was included in the action it's my understanding that was not the case and the commission gave oral amendments which were reflected in the written versus that's going to be presented going to be finalized and as director ram stated the commissions action is finally not altered but when a by whatever in the the minutes the minutes are a representation

of the whole and commissioner richards. >> i agree for clarity we it is not going to hurt us to continue the minutes for two week. >> so da today is january - >> commissioners a we have a motion and a second to continue to february 5th on that motion commissioner antonini commissioner hillis commissioner johnson commissioner moore commissioner richards and commissioner president wu so moved, commissioners, that motion passes unanimously 6 to zero and places on item 4 commissioners questions or comments. >> commissioner antonini. >> thank you as a matter of the public record and available to the public in hardcopy as well as only line is spurs white paper that answers or comments on my questions by the

commissioners and the public concerning the vacates and the unit in san francisco and the percentage of full-time resident in our newer condominium units this was contributed to by a very prestigious group for many people that do this in an organized manner they started with identifying there are thirty thousand vacate unit in san francisco they started to identify where the unit are the biggest category are unit for rent or sale and not yet occupied even though we royals the housing market in san francisco is hot there are unit in the process 3 involves 11 thousand of the thirty thousand

unit and there was around 9 thousand unit that are seasonal and occasionally used and then they also found what i consider mystery unit 9 seven hundred not sure why their vacate some con judiciary many owners keep them off the market for fear if we can't get rid of the tenant and also some royals that unit kept vacant if they're thinking about selling them they're more valuable 24 is part of the 9 seven hundred that's the part still to be discovered but incidentally the folks by their study composed 2.7 percent of the unit in san francisco this is a small percentage you know

lower than the mystery vacancy or certainly the ones in process so the methodology did not use whether homeownership or whether the homeowner files for a discount on their taxes because the occupant don't do that i haven't done that you don't royals it's there and when you looked at the registered voters one percent over 18 o are registered not good sources the answers to the condo that is most hot is probably around 62 to 70 percent of those new condos are occupied full-time by the owners another 15 to 25 percent are rented to full-time renter and only a small percentage of 4 to 12 percent

are used using as people's 3 terse and predictability in the areas in the four seasons the ritz carlton and the hotel condo unit therefore there's more tendency for people to use them as temporary use the residence carlton are only timeshares so when they compared the number to other county in the bay area found 2.4 we have less than merry run and a a lot less than than sonoma which menus people are working and have their jobs in the bay area have vacation homes slooikz like sonoma and russian river and compared to

other cities they found we have a lower percentage like miami and santa fe and honolulu and others even charleston and new orleans have higher percentages one thing they've come up when they seem to think in terms of short-term rentals that by their collaborations the vast majority of those are people in the resident either resident or owners to rent to help supplement their rent to those it is a good study and a lot of good documents i encourage you to contact spur e.r. the other people responsible for this and see what they have to say and any only other comment i had a

meeting with some group of residents and people from live okay school that will be coming up later on the project i'm seeing them on tuesday ethnic. >> commissioner moore i'm centered for the public and the commissioners to read the study i'll be interested in the planning department steve paraded in this group to come back and perhaps present to the commission how those numbers feather into things like the housing element how we accounted for unit, etc. there's a deeper science by which which commission needs to hear it which is strong and accurate data collection i'll be appreciative to the director or steve whoever give us an update regarded their prospective on

this particular paper what it addresses and i ask we try to strategical incorporate it into our housing units it can come separately and keep the informational items together. >> commissioner richards. >> i was delighted to see a first step on this more hard analysis versus conceptualal i'll interested in having more to hear on that the numbers themselves especially the availabilities i've had a conversation with the availability haven't this passes the sniff test in a market we're in 20 thousand unit off the market for seasonal

recreation or whatever that's a lot of unit and people trying to find a place to live and xrooerld expensive i read one the reporters was quoting the rents for people to look at places for vacancies for recreational use effects prices and people's lives thank you. >> i wanted to add a comment i was able to attend the sunnyvale on tuesday it was on location in sunnyvale i want to thank the staff for being out there i think it was a tough hearing because i find people only want to talk about their project and the eir process can be implicated and technical and by you know no means it's not our fault necessarily but i think

there should be more consideration to just maybe more outreach based meetings on location we can think about what the role of having an eir process one fact they opened up the eir comments it was quite a few silent but the audience had projects this is one conversation. >> commissioners, if there's nothing further we'll move on to department matters drort. >> i wanted to let you knows you've probably read in the paper on the website we've got the perpetual for the short-term rentals legislation we are set up with the applications on line and those interested in actually participating in short-term rentals must registration and have a register number and

there's detailed inform how to prove residency that's one of the core requirement the owner or renter of a unit must be the occupant of the unit in order to participate in the program we're accepting applications now and starting the legislation is effective as of february 1st a sunday so monday february 2nd we will have intact appointment at the department you must register in person i wanted to take a moment to thank the team there's a lot of work in getting set up scott sanchez our zoning administrator and adrian and others involved in establishing the applications the information and we'll be taking the in take appointment to register to participate in that program it's effective 0

february first and in take appointment february 2nd. >> thank you commissioner moore. >> could i ask a procedural question director ram is airbnb alarming their prospective clients they need to them verify such the process is in place. >> i take it mapped they are as of the other platforms they have informing they're using they must comply to proceed. >> i want to ask for an informational hearing how many people are registering is the process working what my enforcement looks like an update to understand how to t this is going i know it's a major topic. >> i forget to mention we're in the process of hiring three staff that will be focused an

short-term rentals both the administration of the program and the enforcement of the legislation. >> commissioners commissioners if there's nothing further to item 6 review of past event with the board of supervisors and the preservation commission no update from the board of appeals as they're meeting board of appeals met they didn't take action on anything of interest 30th to the commission. >> the board of appeals met they continued their election of officers such as 3 of the expired commissioners are either reappointed or new commissioners appointed there were a couple of items of interest to the commissions one the city hall crosswalk in front of this building here was before the historic preservation for finding of compliances they adapted the

compliance with the secretary of interior, however, recommended the 8 foot expectation in the block that the mta was requesting with the keeping of the warning lights at grade you'll notice the warning flashing lights the gray was proposed to be removed and 20 foot arm so the signal will be right in the middle of the street front and center the historic preservation commission recommend keeping the arms at grade r there was another issue on 20th street they referred the matter to the review committee and continued the matter to march 20 to consider the sort of massive excavation and the hit put that

was created in the mid block open space this rear of the area the historic preservation commission had concerns with and then they adapted a recommendation for approval to landmark one 49 through 55 ethnic street unless there's questions we'll move on to 0 of interest to the public that are within the jurisdiction of the commission except agenda items. when the item is reached in the meeting. each member of the public may address the commission for up to 3 minutes. i do have one speaker card. >> georgia shoeish.

>> good afternoon, commissioners about a year ago february 20th i was here and talked about what i was concerned about the noah valley i gave you a list of resident 52528 sold for 6.65 and another for 5 and quarter million dollar this of the 865 noel so my concern the issue of affordability and the idea of the regulations you have the tan

mount demolition and it seems like if you have regulations it would be great to be enforced a lot of times they're not enforced and it didn't seem like a fair process t i came with a couple more today older please on okay wood that's the house that was there this is my photo this is was there now here's one 168 jersey that's the house and there's the photo in fact my husband went by there this was taken taken two weeks ago in their listed under the permits as remodeling i'm not going to lay it on you i don't think some came to you i'm going to raise the issue of the building inspection