and corrections you wanted to make. couple of highlights in this, and commissioner changes elias spoke up. this commission directed the department to be more specific on the responsibilities of their first responding officers and first responding supervisors. and i think we hit the mark there. i believe we hit the mark there. it's not all inclusive but it gives the guidelines.

understanding with clarity who is in charge of the incident at the offset of the call. i know that's been a question and concern of this commission. so this lays it out clearly. i would like to the changes are from the original version of this that was posted.

assume command assess the situation request the appropriate resoeses and command post when feasible. and really the reason for that is we don't want our d g.o.s to complain. we don't want sergeant. that was recommendation for language that was doubt at the last minute.

responsibilities and the duty of the district captain when they arrive at the scene, it's pretty clear-cut. and i, will ask for the commission to approve it for this to meet and confer. >> i'm going to ask, i'll make a motion to adopt the changes outlined bit chief. >> last minute changes were made. a lot of commissioners should have a regular version so i

don't have a problem with typos when there is something else and we read, this the exception that approves the rule? in other words, are we going to do these last minute things as an exception. , because, if we're going to do it this way tonight, it does not look look like a big change. thed important thing is how we address things. >> you raise a great point, commissioner byrne. and that's under the process, it's going to eliminate these types of situations because there will be an opportunity for the public to chime in.

and to catch these issues beforehand. so i can turn it over to ms. cabrera if she wants to speak on our ability to do this. i think i've given the minor change and the fact that the chief and dpa are in agreement. they read a version that is posted and we come in and vote on it on a version that is different than what was posted. and in fairness to the public, i don't think and i certainly heard the past of the commissioners say, say this so

you either go one way, we go or we go this way which, typo of half hazardous, even if people are in agreement, does not give people the opportunity to look and call, that's my point. so you're requesting to put it over to next week for approval. >> yes, i'm not trying to, do a massive delay. >> no problem. okay. welcome do that, we will video this back next week with that change. this is a minor so i don't think there will be a problem. chief are you okay? >> yes. thank you for asking. >> okay, next item. >> if you would like to make

public comment regarding line item 12, please press star-3 now. >> president there is no public comment. >> thank you. >> line 13 discussion and possible action to adopt a resolution urge the the board of supervisors to authorize the chief of police to accept and expand an inkind gift of two utility vehicles with estimated market value of 38,644.58 to support officers working in the high alliance area. the two utility vehicles will be out right gift to the police department discussion and possible action. and we have director lee

yawning available for questions. >> good evening, commissioners. chief scott, director henderson and members of the public. i'm patrick i'm the chief financial officer for department. tonight we're asking the commission's approval to accept the gift of two weeks from the alliance. provides a more responsive tool for officers working within the square area. this utility vehicle puts a smaller foot print. if the commission says any questions on this item, we'll do our best to answer them.

>> these vehicles retrofit them to meet department standards or useable or dependable by the department. no modification except if we outfit them. some of the vehicles have very blue and light and sirens and that type of thing.

in terms of power terrain, if you are wondering what data looks like, you're probably seeing our sheriff's department. and they're usually parked outside of city hall. they're great for both visibility, they're great for community policing as well. they're a lot more practical than police cars. very efficiently, but if we outfit them with sirens which we might, that may be more efficient. >> and markings.

>> i think the gift from alliance, they can use for patrols. they're not restricted to only taking to the port as you see fit. primarily, it's a gift they have other uses as well. some of our parades and things that we do, those are great for parades, and practical and those types of community events. are these adding these will be the only two. >> it will be the first two commissioners. >> thank you. >> yeah, maybe one and tactical company.

>> thank you make a motion to adopt, can i get a second or accept. >> second. >> would you like to take public comment regarding? if you would like to make public comment regarding line 13 please press star-3 now. good evening caller you have two minutes. >> caller: this is completely unscripted but i have a bad feeling. favorite given and promise influence to judgment or conduct, there are attached to this. it will hold that if you put the needs over the needs of another, you'll be regarded.

to me this is how the drug war was escalated. resulted in the mass incarceration and--of thousands of black people and spending an estimate that changes the exit of and federal back force from fighting whatever crime they were fighting to focus solely on enforcing drug laws. i have a really really bad feeling about this. thank you. >> thank you, caller. >> and there is no further comment. >> can you take a roll call.

>> yes, you made the motion and who was the second? >> benedicto? >> yes. >> thank you. on the motion to accept the adopt the resolution regarding the ooh advertising vehicles, commissioner walker, how do you vote. >> yes. >> commissioner walker. yes. commissioner benedicto. >> yes. >> commissioner benedicto yes. commissioner yanez. >> yes. >> vice president carter oberstone. >> yes. >> commissioner byrne. >> yes. >> commissioner byrne yes. commissioner yee. >> yes. >> commissioner yee yes. president elias. >> yes. >> president, you have a unanimous vote to accept the adoption. >> line item 14. discussion and possible action to adopt a resolution urging

the board of supervisors to authorize the chief to accept and expand a grant in the amount of 69,818 for the governor office of emergency services, also known as kaloes for the criminology laboratory for the project period beginning on april 1, 2022 and ending on june 30th, 2023, discussion and possible action. director lee yong. >> we're asking approval for grant. this grant is used by a crime grant to continue entitle occasion for our crime lab analyst and also to support our toxicology and forensic alcohol testing. if tli any questions, i'll be

happy to answer. >> commissioners any questions. i don't see you on the chat. i make a motion to accept. >> take public comment. if you would like to make public comment regarding line item 14, please press star-3 now. no public comment. on the motion to adopt line item 14, commissioner walker how do you vote. >> yes. >> commissioner benedicto. >> yes. >> commissioner benedicto yes. commissioner yanez. >> yes. >> commissioner yanez yes. vice president carter oberstone. >> yes. vice president yes. commissioner byrne.

>> yes. >> commissioner byrne yes. commissioner yee. >> yes. >> commissioner yee yes. president elias. >> yes. president, you have a unanimous vote. >> thank you, next item. >> line item 15, public comment on all matters pertaining to item 17 below. close session. including public comment on item 16, for whether to hold item 17 in closed session. action? >> do i have a motion. >> you're excited to get to the next item, i know. >> if you would like to make public comment, regarding line item 15, dial star-3 now.

and there is no public comment. now we can take the vote regarding line item 15. >> i think line item 16. >> okay. >> item 16, thank you. line item 16, vote on whether to hold item 17 in closed session, san francisco code section 67.10 action. >> i'll make a motion to hold item 17 in closed session. >> second. >> second. >> so online item, 16. commissioner walker. how do you vote. >> yes. >> commissioner walker yes. commissioner benedicto. >> yes.

>> commissioner benedicto yes. commissioner yanez. >> yes. >> vice president. >> yes. >> vice president yes. commissioner byrne. >> yes. >> commissioner byrne yes. commissioner yee. >> yes. >> commissioner yee, yes. president elias? >> yes. >> president elias, you have unanimous vote. that will

>> there is no vote in session. >> you've got to do the vote first. >> vote, vote, we must vote. >> commissioner walker, how do you vote? sorry i cannot hear you. >> yes. >> commissioner walker yes, commissioner benedicto. >> yes. >> commissioner benedicto yes. >> commissioner yanez. >> yes. >> vice president. >> yes. >> commissioner byrne. >> yes. >> commissioner byrne yes. commissioner yee. >> yes. >> president elias.

>> yes, and before we adjourn, the chief has an update for us real quick. >> thank you, president elias. commissioner benedicto had asked earlier, there is a scheduled audit, it's a general background investigation audit, they do these yearly. the psychological audit is a part of that audit. they got a little bit behind doj, due to covid. so we rescheduled an audit already and they're going to do that in mid-november, is what i was informed. so it sets the site, piece of that will be included is what i've been informed. >> okay, thank you very much. >> thank you. >> all right, thank you good night everyone. >> good night. >> thank you. >> have a good night.

>> good afternoon and welcome to the san francisco historic preservation commission. regular meeting for wednesday october 5, 2022. to enable public participation the meeting is streaming live. we will public comment for each item. comments are opportunities to speak during pub luck comment period are available by calling 415-655-0001 and entering access code 24860945682. we'll take public comment from persons in city hall first and open the remote access line. please speak clearly and slowly and if you care to state your name for the record. each speaker

will be allowed up to 3 minutes and when you have 30 seconds remaining you will hear a xhime indicating your time is all most up. when your fime is reached i will announce your time is up and take the next person to speak. for those calling in to submit testimony when we reach the iletm you are interested in speaking to press star 3 to be added to the queue. when you hear your line is unmuted, that is your indication to begin speaking. best practice are to call from a quite location, speak clearly and slowly and please mute the volume on your television or computer. for those in person, please line up on the screen side of the room. finally, i'll ask for all of us to silence any mobile devices that may sound off during these proceedings. at this time, i like to take roll. [roll call]

>> we expect commissioner johns to be absent today. first on your agenda is general public comment. members may address the commission on items of interest to the public within the subject matter jurisdiction of the commission. with respect to agenda items your opportunity to be address the commission will be afforded when the item is reached in the meeting. each member may address the commission up to 3 minutes. again, if in chambers you need to come forward. the castro theater is under the continuance calendar so need to wait to speak then. >> i like my three minutes of public comment, please. general purblic comment. >> right, the agenda clearly states this is

general public comment for items not on today's agenda. >> yes, i understand. >> if you understand then you need to wait until we get to the consent- >> i want 3 minutes of general public comment. >> okay, the chair is not agreeing to your request. as stated- >> i'm not leaving until i get my three minutes of public comment. >> is your general public comment about one of the agenda items? >> you are holding a sign that says save the castro. the castro theater is on the agenda. you can speak to thet the matter then. >> you do not know what my general public comment will be. signs are allowed by anything. my sign simply says save the seats. the first amendment guarantees me the right to speak. thank you for my 3 minutes. hello, my

name is michael patrills a long time resident and activist in the castro, and i'm here to address the trauma in the gay community for decades. in the 1970's we were traumatized by the assassitation of harvey milk. in the 80's we were traumatized and decimated by aids. we had to deal with an eviction epidomic in the castro, seeing many long-term low income gay people evicted from the castro. the trauma every day that we deal with as gay people

from society, from politicians, from religious leaders adds to the trauma the gay community carries. we in the gay community have higher rates of drug abuse, suicide, suicide attempts, and we are struggling around the world just to wave the rainbow flag. just as you have attempted to silence me here today and deny me three minutes of public comment, my brothers and sisters are denied the right to speak in russia, in many other countries. if they dare to wave the

rainbow flag they risk imprisonment, ostization and death. it is outrageous that you wanted to deny me the chance to give voice to our trauma, because of my sign. i want the trauma-we are dealing with in the castro, that we are dealing with in the gay community. i want that trauma recognized. it must be recognized and attempts to silence me are not going to work. silence equals death. i have 150 word

statement for you to enter into the record as required by law. it is right here jonas. thank you. >> thank you. >> okay. last call for general public comment for items not on today's agenda. if you are in the chamber, please come forward. if you are calling in you need to press star 3. seeing no additional requests to speak, commissioners, general public comment is closed and we can move on to department matters item 1. >> good afternoon. we have no update for you right now. that concludes our report. >> thank you. >> commissioner matters, item 2 consideration of adoption draft minutes for september 21, 2022. we should take public comment. members of the public if you wish to address the commission on the minutes, please come forward. calling in,

press star 3. seeing no request to speak commissioners- >> motion to approve. >> second. >> thank you commissioners on that motion then to adopt the minutes. [roll call] >> so moved, commissioners, motion passes unanimously 6-0. placing us under item 3, commission comments and questions. >> i don't believe there are any. >> very good. seeing none, we can move on to consideration of items proposed for continuance. item 4 case 2021-005720pta for 2 stockton street. a permit to alter proposed to continuance to october 19, 2022 and items 5a and b for case

2022-004208des and coa for the castro theater at 429-431 castro street landmark designation and certificate of appropriateness at the time of issuance proposed to be continued to a joint hearing with the planning commission december 8, 2022 but believe you will hear a different request today from the supervisor's office. at this time we should take public comment. members of the public, this is your opportunity to address the commission on the items proposed to be continued. we will limit comment to 1 minute? >> yes. >> we are only taking comment on the matter of continuance. >> thank you very much secretary ionin. good afternoon. jacob (inaudible) on behalf of supervisor mandelman who sponsored the resolution initiated the landmark designation for there castro theater item 5a on the agenda today.

i think you are well aware the castro theater is a beloved landmark and proposed changes to the theater that a planet entertainment would take over operation from the (inaudible) a lot of concern within the community about the proposed physical changes and also the programming changes maybe related to that and impact of the relationship between the theater and lgbtq community. commissioners the theater is in need of long overdue tlc to restore the buildjug think it is fair to say that the economics of running a single screen movie theater in 2022 are challenging at best. supervisor mandelman's office is engaged trying to foster dialogue between planet entertainment, the owners of the theater, different community groups to try to bring to place of consensus before the matter comes before you. i understand that this item is proposed for continuance on the

agenda today at the request of another planet entertainment to allow more time for community dialogue about the proposed project before you are asked to weigh in. supervisor mandelman takes no issue and appreciates ape recognition more work is needed here and for the willingness to increase engagement, i'm here to ask you consider scheduling the landmark designation prior to so to better inform your consideration of the renovations themselves both scheduled for that proposeditantatively for the joint hearing with the planning commission in december. this has been a request, the separation of these two items from community leaders and given the actions before you today are now proposed for continuance, the supervisor and office feels this is a reasonably fair request and so we would respectfully ask that the landmark designation be continued to some hearing prior to your consideration of the c of a itself so i differ to you all on

the timing of that. i would say if your preference is to keep the lapdmark designation item in december as proposed i ask you consider continuing the action items on the c of a and planning commission to a future hearing in the new years. we have been involved in the convarsations throughout the year and i would actually suggest those items would not be-should not be considered sooner then the spring, perhaps march next year to give people time to continue to engage in the dialogue, factoring in the holiday season that is amazingly already close to be upon us so commissioners our hope spreading the item s out a little bit wit not only give you more time and space to deliberate and engage manyingfully and also for community voices to be heard and for a more constructive dialogue about the theater's future to take shape before the body is called upon to take action on specific plans. before i conclude i

want to thank alex (inaudible) and staff and rich (inaudible) oddry (inaudible) and your (inaudible) jonas ionin for all their work and here and happy to answer questions from you. thank you for your consideration. >> are thank you. any other members in the chambers that would like to speak to the matter before we go to remote callers? >> i want 3 minutes. he had 3 minutes. i want 3 minutes. 3 minutes please. 3 minutes. 3 minutes. thank you very much. hello, i'm michael (inaudible) and i'm here to say no to the continuance. put it on your agend a, have the hearing. we have waited 7 months for hearing at city hall about this matter. i am here also to

denounce rafael mandelman who has not held a single town hall meeting, yet e-mails show mr. mandelman sent out invitations in september to many people to attend a september 14 meeting at the aortplanet lobbyist office. mandelman had many meetings in his office about the castro theater and he's not disclosed he had these meetings. what has been discussed, who has been in attendsance? he hides behind neutrality. mandelman can easily hold a town hall meeting to hear what the community has to say without jeopardizing his neutrality. now, regarding another planet, i believe greg peroff the ceo of another planet is interested in one

thing only. profits. his business has no roots in the castro and his organization has very small number of connections to the larger gay community. they waited until august to hold a town hall meeting. during those months we waited, the trauma of potentially losing the seats in the orchestra section added to the trauma i spoke about earlier today. we in the castro want public discussions. the fact that jonas, the secretary here got an agreement last week from the planning commission to cut down the 2 meetings you were going to have because he said he didn't think the public would want to queue up 2 days in a row. we want to line

up every day in a row to speak. i have filed a sunshine ordinance complaint against jonas for what he has attempted to do by denying us 2 opportunities of public comment. your joint meeting on december 8 should not happen. there should be a separate meeting by this body and a separate meeting by the planning commission. we deserve nothing less! please give us 2 meetings in december. thank you. and mandelman has to hold town hall meetings. it is outrageous he hasn't done it. outrageous. >> seeing no other members of the public in the chambers, we'll go to our remote callers. again, we are speaking to the continuance calendar only.

>> hello. sorry, can you hear me? >> yes, we can. >> okay. thank you. my name is jan (inaudible) and i'm a assistant professor of sexuality studies at sf state and also the land use chair of the castro lgbtq cultural district and a member of the friends of the castro theater coalition. so, i'm also speaking on the item of the continuance of the castro theater landmark designation. this land mark designation amendment is a decision that will inform the other items regarding the castro theater that are in front of your commission and also considering be continued. another planet entertainment has requested that items focus on the castro theater be continued about the land mark designation amendment in particular should not be tailored to suit the plans of another planet entertainment. they should be decided

with the interest of the community at heart. another planet entertainment desires should not have any place in your consideration of the landmarking process. the landmark designation amendment decision must rely on the historic evidence and best practice. this includes character defining features of significance planning staff identified between 1922 and 1937 and 1976 and 2004. with the friends of castro theater coalition have been trying for months to have ape engage in collaborative discourse with the community and ap has largely failed to do that. at this point, it does seem they realize they need to do more work with the community as they move forward with the renovation plans and the items that are in

front of you on your agenda. this landmark designation has nothing to do with those plans, it is about the theater itself, it should not be considered in relation to ap desires around their own business practices or business plan. thank you. >> good afternoon commission president. commissioners. my name is (inaudible) personal capacity regarding two castro theater items proposed for continuance. (inaudible) 5b, the certificate of appropriateness as requested continuance of that item, i am joining the course of folks urging this commission not to delay on 5a, the amendment to landmark

designation. i believe the project sponsor publicly supported that update. i'm quite confident of it. the certificate of appropriateness is very much tied to the landmark designation. i initially planned to come together and object to hearing the (inaudible) simultaneously with the amendment to the landmark designation because i think it will cloud each other but we have a opportunity to hear them in order and insure renovations honor the full scope of historic significance of this landmark so i urge you to hear the updated landmark status as soon as possible. i want to thank jacob and supervisor mandelman office for the request of the same and hope arc p use additional time to engage meanfully with community members. in the mean time i hope you (inaudible) robust programming we have seen in recent years. in 2019 there were 300 events at the castro theater, now it is more like once per week if that. single

screen theaters are a bible business but failure (inaudible) if no attempt to manage the theater effectively. thank you very much commissioners and i look forward appearing before you soon. >> good afternoon commissioner matsuda and commissioners. my name is steven (inaudible) i like to thank supervisor mandelman and jacobs as well for asking this be item regarding the historic landmark expansion be separated and called as early convenience before the other items regarding the certificate of appropriateness and the other item regarding the change of use. i feel-i like my colleagues i feel that these items are tied to the historic

landmark expansion, and feel that this item itself deserves plenty of time for this to be approved plenty of time before that, so i would ask it be called at the earliest time without delay. i also want to acknowledge that the trauma that has been talked about with our community, pass the approval of this expansion will do a great deal to relieve some of the anxiety regarding this community asset. as far as our community is concerned. and will allow more robust and meaningful conversation to occur between the community and another planet entertainment. as much of the anxiety is tied to another planet entertainment inability to make concrete commitments or engage in meaningful ways with community representatives. thank you once again.

>> good afternoon commissioners. my name is (inaudible) historian and preservationest and had the honor providing extensive research to planning staff in assistance to preparation of the amended landmark designation. i too am asking the commission to hear the landmark designation amendment at the earliest time and hear it separately from the certificate of appropriateness and to hear it separately from the planning commission items that may be heard. i do not approve of having these two-all the items continued to a single combined hearing of the two commissions. the landsmark designation is a highly complex document and very rich for the lgbtq community and international film community. it merits (inaudible) to do so it must be separated from the action items

such as certificate of appropriateness approval and planning commission items. please so kind stooschedule a hearing on the landmark designation amendment separate from there other items and at the earliest possible time. thank you very much. >> hello. my name is jan clingalhaufer and i'm representing a bigger community then just the castro district. i have been a programmer and member of the theatrical exhibition community for many years and the castro theater is one of our jewels. nation wide and internationally. so, i are urge you to follow the recommendations of all those who have spoken

previously and separate the designation of historic status from all of those other changes to the building as its operation. thank you. >> hello commissioners, this is (inaudible) who own the castro theater. this family has lovingly taking care of the theater since it was built and the owners are not disputing the (inaudible) very significant historic resource to the city. however, we respectfully request that the hpc maintain the (inaudible) and hear the item with the cla and other approvals. (inaudible) upmost respect with the supervisors and have the thoughts. our primary goal is keep the theater open and

viable and construct improvements to the theater to maintain longevity. the landmarking ordinance presents questions about the vibelts of the theater. it could effect or perhaps inadvertently prohibit improvepments critical to the building longevity. it is pornts the landmarking be considered in conjunction with the proposed certificate of appropriateness. it is our experience this is a relatively common practice given the interplay between inlandmarking ordinance and improvements proposed for the building. it is appropriate to consider whether the landmarking will effect the longevity of the resource. as underscored by mr. (inaudible) we also understand that we need to engage in additional community outreach. we heard this loud and clear and appreciate the time for additional outreach. if separate hearings occur we request the landmarking ordinance is heard in december to allow sufficient time for such outreach. thank you very much.

>> hi, there. good afternoon commissioners. my name is steven blocko, a castro cultural district board member and castro resident. i also wanted to thank supervisor mandelman and jacob for proposing the landmark designation to be separated and wanted to support having the meeting as soon as possible, and not in cun junction with the other items. i just would like to thank the (inaudible) family for stating they like to have more community engagement and look forward to hearing when that meeting is going to be. okay. and thank you. >> hello, supervisors. nigh my name is carolyn. (inaudible) the president and ceo of san francisco heritage. we supported the elaboration of the historic landmarking

for the interior of the castro theater, and we recognize the importance of this meeting as well as lgbtq film programming in the theater significance and we support having the historic landmark designation reviewed by the hpc at the earliest convenience. thank you. >> hello supervisors. my name is (inaudible) [difficulty hearing speaker]

>> thank you. okay, last call for public comment on the continuance calendar. when you hear your line is unmuted that is your indication to begin speaking. go ahead caller. >> thank you. i would [difficulty hearing speaker due to noise in the background] i like to say a few words on the

importance of the castro theater as a landmark. (inaudible) in a world where the (inaudible) and preservation commission finds the strength to raise (inaudible) the castro theater is not a (inaudible) for whatever happens to be trending. it is a functional infrastructure for delivering a (inaudible) the place of ritual of (inaudible) with history with the wider world and with the (inaudible) it is a nexus where non

conforming (inaudible) celebrated by discovered and define themselves. it is not a venue, but a temple. if the grandeur does not move you consider the (inaudible) will you tell the friends of dorothy that dorothy will not be putting in further appearances? reject the removal of seats described in the request for certificate of appropriateness and (inaudible) including it in the proposed amendment (inaudible) will thank you for it. thank you. (inaudible) >> hello commissioners. my name is vick tor ortiz, a long time castro and san francisco resident and i agree with the previous speakers that the landmark

designation should be considered first and separately. i think a important point is i believe that landmark designation must protect the traditional orchestra style seating at the castro theater now and when the landmark designation is expanded to clarify that is protected element of the building, that would be extremely clarifying for the negotiations with the ape and owners of the theater moving forward. clearly what you are hearing, there so much interest in each aspect of the issue. it doesn't make sense to try to consider it all jointly together and i think it is just as you'll hear at the landmark designation hearing, the seating is not only by itself a historical cultural element by virtue of the classic movie house experience, but having that seating is

necessary to maintaining the place of the castro theater in the community because it is not possible to have regular film and community events when seating has to be taken in and out at enormous expense. i think when you hear (inaudible) you will understand that that maintaining the seating is actually critical to the historical cultural element of the castro and protect it and the community can move forward to reach an appropriate agreement with ape and the master family for the theater's future. thank you very much. >> okay, final last call for public comment on the continuance calendar. seeing no additional requests to speak, public comment on the continuance calendar is closed and these matters are before you commissioners. >> thank you. are there any commissioners who

would like to comment? commissioner foley. >> motion to approve. >> second. >> i need to request to be recused from items 5a and 5b related to the castro theater, but i would like to still vote on continuance of item 4. >> we should take up the matters separately so if we can take two separate motions, please. >> i think we have another request to speak from mr. sucray before we make a motion. >> hi, commissioners. just to provide color in terms of the various requests that have been put before you. i do think it probably adviseable to give a little more time for the project

review to work with the community. just given the tenor of the conversations having to date, more time is actually better quite frankly in this particular instance, and that will allow for continued community conversation. i do think that the legislation on the designation in particular does need to get heard by december. we as staff have a timeline for basically responding to request from the supervisors office and the december 7 hearing not the 8 as listed in the calendar would give us the ability to weigh on the land mark designation in particular and meet the request made by supervisor mandelman. >> can we ask supervisor mandelman's office to continue that or extend that? >> correct. supervisor office can always grant extension to the resolution on file, but we would-the

hpc would have to make a decision on the legislation by the december 7 hearing is the latest that we could weigh in on the designation. >> but the hpc could request or the planning department could request from supervisor mandelman- >> to extend it out. >> that certainly is true. we can do that by resolution. i note we have extended the 90 day deadline once already at request of staff and because they need more time to get the necessary materials from the project sponsor so we did extend that up to december and think it is mid-december when the deadline falls. if that is the appropriate course of action, it certainly something we could consider, however i think as you heard there is strong interest in the community to at least begin to have this conversation and i concur with mr. sucray, i think a little piecing outf

othis of this would be productive. it is in your purview and consider making a resolution to continue. if we were not to move forward or not successful at the board it would be de facto denial of the designation update which would mute the designation update. based on the community feedback, our request is at least get a initial hearing on the landmarking prior to that deadline and see where we stand at that time. thank you. >> and do need to make that decision today? >> at least relative to the continuances, yes. >> the continuance--item 5a. >> correct. for 5a and 5b as well. >> i think we have a motion and a second to approve a continuance. >> yes, i'll call that for item 4. >> okay. >> on item 4 the

matter of continuance of 2 stockton to october 19. [roll call] >> so moved commissioners, motion passes unanimously. commissioner wright i believe you have a conflict with the castro. >> yes, i do. >> and so you are hereby recused. >> do we need to make that motion? >> i believe his conflict is such that it's a clear conflict. we can certainly make a vote if you like to make it. >> motion to approve 5a. >> recuse. >> motion to recuse commissioner wright. >> second. >> thank you. on the motion to recuse-

[roll call] >> so moved commissioners, motion passes 6-0. now you are hereby officially recused. >> motion to approve the continuance for 5a to december 7, 2022. >> i second that. and this would be a motion to approve continuance to december 7 with just historic preservation commission, correct. >> correct, and just 5a. >> just 5a and as far as 5b is concerned, you have a preferred date? >> i think supervisor mandelman's office was suggesting march of 20- >> they were indicating march indeed. >> i can amend my motion to extend 5b

until the second hearing in march of historic preservation commission. >> second hearing in march would then put us at march 15 of 2023. >> i'll second that. >> okay, commissioners. the amendsed motion now is to continue item 5a to december 7 of 2022 and item 5b to march 15, 2023. on the motion-- [roll call] so moved commissioners, the motion passes unanimously 5-0. and commissioners will place us under your

regular calendar for item 6. case 2022-004344mls, 942-944 fell street. for your consideration to adopt a resolution. >> good afternoon commissioners. elizabeth gunther planning department staffment while we are getting set up and before the department presents on the historical property contract for 942 fell, i like to provide a brief introduction. first as you may recall from previous years we ask staff to rotate on the tame to assist in management of submitted mills act application. this year gg gunthser is presenting the fells street application during the portion of the process. thank you gg for all of your hard work is and many thanks as always to our core mills act staff, shannon ferguson and michelle

taylor for the support of the program. i like to take the opportunity to advice the commission in november the staff will provide a summary of the department efforts on the audit of the mills act program. this was (inaudible) hpc and government and audit oversight committee of the board of supervisors. at the november hearing we look forward providing data analysis of existing mills act properties including information on mapping and location, annual property tax savings per property, need accessed value and property transfer and proposed strategy for mills act project and program through a equity framework. this presentation will also coincide with the 3 year reporting requirement under section 71 of the administrative code. gigi gunther will present the fells street application fl review and consideration. thank you.

>> thank you. good commissioners. gigi gunther, planning department staff. the item before you today is for mills act historical property contract. the mills act legislation authorize local governments to enter into contracts with private owners of knaulifyed historic praurds. this provides property tax reduction to allocate the savings towards a appropriate maintenance and restoration plan. the department holds 45 active mills act contracts. the department received one mills act application by the may 1 filing date. department staff reviewed the application for completeness and conducted a preapproval inspection report. staff would like to note there rehabbilitation and maintenance plans seen towards the front of the report are the final draft version

of the plan. worked to revise the plans to insure future work is conducted with screert of interior standsards. restoration work required under had mills act crarkt require building permit and administrative certificate of appropriateness prior to the work being completed. 942-944 fells street is located on the north side of fells street between pierce and steiner street. the subject property is contributor to the article 10 historic district. it is a 2 story over garage wood frame 2 units residential building built in 1908. the subject property is valued by the assessor office under $3 million. the proposed rehab plan includes siding repair and painting, roof replacement, repair of entry stairs and retaining walls, repair of front doors, detailing on the front facade and entryway,

garage door replacement, window repair and replacement and repair of the rear yard stair. rehab work is estimated to cost $308.100 over 10 years reflerkt flected in the staff report. the updated estimated cost of work is thousand dollars less then the original estimated cost. the proposed maintenance plan includes annual inspection of the exterior facade windows doors, foundation and inspection of the front stairs every 2 years and inspection of the roof every 5. any needed repairs will be made to avoid alter or removing character defining features. maintenance is expected to cost $8655 annually. the packet contain a evaluation outlining the potential property tax savings. the figures compiled by the assessor recorderer office. estimated the property

owner will receive approximately $11.687 per year in property tax savings as a result of the mills act contract. staff also reviewed the application on the merits of 5 priority considerations which are provided on page 2 in the executive summary packet. the considerations are one, necessity, this was established the property in danger of deterioration and in need of rehab and restoration with significant associated cost. two investment. the project will result in additional private investment in the property other then for routine maintenance. three, distinctiveness. the property preserves example of a property especiallyly deserving of a contract due to exceptional nature. city landmark. this considers properties that are recently designated landmarks given priority consideration. and

five, for legacy businesses the project preserve property at which a business including the legacy business rej stree is located. 942-944 fells street meets three of the five priority consideration. the property meets necessity criterion as it is in danger of detoorieration and rehab requires significant associated cost to insure the preservation of the subject property. the property meets investment criteria to invest money towards rehab other then routine maintenance. finally, the property meets the distinctiveness criterion as proposed project will (inaudible) historic district. the application review process also includes determining whether property meets minimum eligibility requirements. in addition to being listed on the local state or national register eligibility is limited to properties with assessed value of $3 million or less for single family

dwellings and $5 million or less for commercial properties. these requirements and priorities are consistent with the commission resolution 1127 preservation planning and racial and socialic equity plan. the application before you today 942-944 fells street meets all minimum eligibility requirements and does not require exemption as it is valued by the assessor office at under $3 million. lastly, staff would like to note the department has received 1 letter in support of the mills act application from the tenants of 942 fells street and endorsed by the tenants of 944 fells street. hard copies of the letter are available for review. in conclusion, department staff recommendss the historic preservation commission recommend aprurfbl of the mills act application to the board of supervisorss for the following reasons, the property is historic resource, two, the rehab and maintenance plans were

founds to be appropriate and three, all propose work is intended to meet the secretary of interior standards. if approved the property owner enter into mills act contract with the city. the agreement is 10 year revolving contract renewed annually. this concludes the presentation. elizabeth and i are happy to answer any questions you have as the home owner and representative from the assessor office. thank you. >> thank you. >> thank you. does the project sponsor have a presentation? you have 5 minutes. >> yes, i do have a few words. 5 minutes maybe. thank you gigi for reporting on the project. thank you commissioners for taking the time to review my application. i apologize for wearing a mask. i have a 7 week old at

home. i like to talk a little bit about who i am. the building proposal, what is in the application and the benefits that we would receive from undergoing this contract. my name is julie chin, a native san franciscans born at ucsf when my dad completed residency. i grew up in a historic home and love the feeling of being in some place and time. that was a really critical influence in me growing up and i love old architecture. i majored in art history. a appreciator of the arts. i have a career in the performing arts and stage craft and i love being in the theater and-i work the san francisco opera house and seeing the sets come together. i worked with the simpany and with a lot of non profits and also the technology center so i'm a san franciscans. i'm invested in the city, i live in district 7. a home owner there.

the mother of 2 young kids so this is our home. i'm also a long time san franciscans. as an adult i lived in several rent controlled apartments and i just learned a lot. one thing i did notice living in rent control apartments, over the years maintenance became a bigger issue. there is a lot of-it is hard to afford some of the repairs, there was conflict between the repairs tenants needed that the landlords could afford and also on the prnl level i notice you can get stuck because becomes (inaudible) market rate is increasing so high and you just can't pick up and move. what got me on living in the rent controlled apartments i (inaudible) was a fire when i was working out of town on a tour and so that sort of where this story starts because i needed to find a home.

looking at market rates and this is in 2014 and buying something looked compelling when i was looking at market rates going up as well. the building 942-944 fell street spoke to me qu i saw it. it was beautiful. there were two units so i felt i could live in one is anderant out the other. it was-they were condos so know i wouldn't have the tension if you are landlord in a rent controlled apartment and i knew i didn't want to do that. life took another turn. now both of the units are rented so that is the building. the building is edwardian, i love the details, there are details inside the building and outside the building. i are think it also speaks to the tenants that used to live there. they like being in a building that has a sense of time and sense of what san francisco is. that (inaudible) art

historian. i think the tenants that used to live there have-the top unit they are people from europe. they have a certain sensibility in their esthetic. it is a prime location in district 5 close to the (inaudible) and in fact 944 fell street is the torest stop for the big red torest bus so torest get off the bus and see the building. it is very visible and very exposed to pollution and weather (inaudible) when i took on the building i thought i would maintain and take care of it but didn't realize what that meant and it requires repair and rehab just to take care of it. the purpose of the mills act (inaudible) for a long-term perspective for the integrity and longevity of the building and also immediate needs of

beautification on the street. i will also make a significant investment. i already refinanced the mortgages and negotiated additional loans to help me complete the repairs on time with the contract. it also requires obviously significant investment of time to organize all those things to put an application together. why should-what is the purpose of doing these repairs? who does it serve and who does it benefit? one of the reasons why i want to do this is because i just enjoy beautiful things and love finding opportunities to make things better and think there are a ways this could improve. i speak 30 seconds more? i think it is a opportunity to serve the community. i see it as a opportunity for stewardship and buildsing the fabric of the historic san francisco which i think is enjoyment for all. it is labor of

love, pride of ownership and also i think it serves a lot of other people as well. it serves the city of san francisco because it adds to the fabric of historic san francisco. the location is verygets a lot of foot traffic from tourist. it serves the general public because architecture is public art in my opinion. it serves san franciscanss currently and will also in the future because it is care taking of the building until the next generation decades et cetera. and also finally, does serve the tenants who get to live in the beautifully maintained historic building which is hard to come by now with all the rent control and for what it is worth my tenant also support this. i'm not-i want to have a good landlord tenant relationship. that is what my building is all about. >> thank you. >> to the tenants here--they started renting during the pandemic and i do want to note also they will

not be displaced at this time. (inaudible) dont want vacancies. learned about that during the pandemic so thank you very much for your time. >> thank you. >> very good commissioners, we should take public comment. members of the public this is your opportunity to address the commission on this matter. you are in the chambers, please come forward, calling in press star 3. seeing no request to speak, commissioners, public comment is closed and this matter is now before you. >> motion to approve. >> commissioner nageswaran. >> i just had a few questions for the planners and also the owner. so, i saw the sequence of the work to be done on the home over a number of years and just want to understand how that the permit s would be monitored and completed in a timely fashion and also, i think the recordation

of those permits i see there will be drawings and that a professional will be observing some of the conditions that are on the building like the west wall issues and you know, damp issues that are kind of pervasive and may need more attention over time and if those can be investigated and figured out then maybe it won't be a continuing problem. those are my questions. >> great. thank you commissioner. gigi gunther, planning staff. to quickly-the short end is yes all this work will require at a minimum a building permit to be obtained in addition to an administrative entitlement processed by staff for all of the repair and replacement work. staff also undertakes a annual monitoring cycle each year, each of the staff members are assigned 3 to 4

properties where they go through each of the contracts for each property and make sure the property is in compliance for that year's work. applicants are required to submit affidavits that include receipts, building permit numbers photos and affidavit saying they completed the work required for that year. i guess it is also worth noting applicants are able to complete work for later years earlier then the year set in the contract. elizabeth can speak more to any other permitting questions. >> i just want to commends the owner for having such a lot of-this building is and the contribution to the district, and i can-i read through the materials and hear in what you are saying so i appreciate that. >> thank you. commissioner wright. >> yes. thank you. i also would like to

thank the owner for her diligence on submitting the application. i know it's a lot of work to prepare these. i do have a couple of comments on the restoration rehab restoration maintenance plan. some is for maybe just your consideration and some others. i'll just walk through them really quickly. on scope number 2 related to the roof, this is in the rehab plan and restoration plan. it does mention repair of a leaking roof vent not to occur until 2024 and i would suggest that not waiting until 2024 if it is causing damage or other issues. i think a temporary patch or something

until that time is fine, so i just be aware that issues that are causing further damage should be addressed quickly. scope number 5, related to the foundation. i notice that in the updated maintenance plan it did clarify that this is related to currently inactive infestation and insect damage, but i would just offer advice that if insect damage is noted to be active in your inspections that that should be treated as it occurs and that's similarly kind of related to the maintenance scope