is >> good afternoon this meeting will come to order. welcome to the february 6, 2023 regular meeting of upon land use transportation committee of the board of supervisors i'm supervisor melgar chair joined by vice chair supervisor preston and board president aaron peskin the clerk today is erika major. i would like to acknowledge matthew at sfgovtv for staffing this meeting.

do you have announce ams. jot board and committeeers convening hybrid meetings and providing remote access and comment via phone. board recognizes that william access is essential and taking comment as follows. first will be taken on each item. those in person allowed to speak first and move on to remote. the public comment number is across the screen. 415-554-0001 access code: 2482 703 0600 ## when public comment

is called those in person will lineup near the curtain and those on the phone dial star 3. remember to turn down your television and listening revises. as indicateded will take public comment from those in person first then to the remote call in line. you may submit written comments to myself the land use and transportation clerk, erika. major @sfgov.org if you are commit have an e mail tell be forwarded and made part of the official file. you may send written comments via u.s. postal to city hall 1 dr. carlton b. goodlett place room 244, san francisco, california, 94102. items acted upon study will be

on the board agenda february 14th unless otherwise stated. >> thank you very much. call item 1. >> item 1 is an ordinance amending the code to extend the grace period for 120 days permit applications under share space permit including just add music presumes and convert the use into a post pandemic permit and affirming promote findings. >> member hos wish to provide comment on this item call the number 415-554-0001, access code: 2482 703 0600 ## then press star 3 to enter the queue. >> thank you very much. we have robin here from the planning upon department who has a presentation and machine cawho

is from the mta ands assistand fire marshall here as well for questions. welcome. >> thank you. chair megafrm supervisors peskin and preston. happy new year. we are joined on the phone by michael lennon and gregory from the d. public works and have a few slides to illustrate the out come of the proposed ordinance. >> give a baptist statistic to where the program is currently. in light of this transition we are moving through and additional resources and grants available to shared space. shared spaces take place in the out doors in public realm. we are transitioning private lots permits and on vacant lots to out of the shared spaces program to the planning

department's temporary and cu authorization permits. we had an administrative dead line for pandemic permittees to mitt an application for post pandemic permit due to the out roach and engage am work our communication and public education manager we saw the vast will majority submit with an application. there are 350 we have yet to hear from. we are dunning efforts to roach the folks through phone banking and activities to verify if they will operate after the pan dem and i can provide passport to get them to submit an application before the amounted dead line of march 31. with the complex volume of cases we have seen a plateau in staffing levels and wing to increase capacity in divisions

to ensure we process them. the reality of our constrained capacity the neuroproblem system part of the rational behind introducing an extended grace period for this program. >> to recap without the ordinance that the emergency declaration and current legislation do is provide a 60 day winds down period after the expiration of the pandemic program. you may remember you rhythmed an ends to the fan demmic program last year that is come up in march of 23. 60 days after without the ordinance the city and operators have that period to make all of the necessary safety fixes and final inspections and river a permit t. extends a grace period

beyond that 60 days to 180 days allowing departments to provide the care and support to operators and for those prirts to implement their fixes. we are setting internal administrative dead lines for departments and operators. we don't want folks to wait until yes , sir. 120. right. i'm just i was wrestling with this when i read it. when you read the long title it says extend the grace period additional within 20 days. there is 60, 60180. but had i read approximate t approximate may be i'm not mart enough which is the answer, when i read it -- i guess it works on page 4.

up to 120 after the major's proclamation. does this get to you 180 days total. upon the title says 120 huread it looks like 2 months more? >> cumulative low the 60 and 120 days amount to 180 days. or march thereinst. right? and the mayor's expiration would be february 28th. >> right. >> expiration is set at march 31. the grace was july 1 of

>> the concern legislation says last july, right? i believe in march of 2022, the board passed an amendment that extended the xoiration the sunset of the pandemic program to march 31 of 23. >> yes, we did. i guess that language should not be under lined in the ordinance it is language through the chair. i care but i'm fine with 60 plus 120. not colwith 180 plus 60. >> department city attorney. >> let me check the code to see if that is an error. see if the board made that amendment and should not be in that font and we will need to correct it. >> thank you.

ical we go ahead. >> my apologies. >> thank you for the question. >> departments are setting dead lines to ensure we are able to provide the necessary support and guidance to pandemic permittees who wish to seek a post pandemic permit we don't want anyone to wit to narcotic the process. some of those feedback mile stones providing feedback to the applicant within 30 days. and notified that the site safety fix have been made. at a site to schedule an inspection with the fire department and public work staff to see the fixes have been made. we ask that operators regarding

the safety and accessibility treatments to their site, that they implement those within sing days that alus to stagger the large case load we previewed earlier and make the best use of time over 180 day and get everyone a permit in time for the expiration of the grace period. >> on a couple resources this we are providing and fwiedance we are providing to shared spaces operators. equity grants are open. 2500 per parklet site to off set the costs with making the safety and accessibility upigates at sfgov.org and accyst we have been hosting since the summer high touch in neighborhood in language, oven lead by our communication manager, will be

continuing throughout rest of the quarter to provide this on going support. we worked with sfgovtv to create 3 short public service announce ams. >> staff are here to answer questions. and conclude the item. >> supervisor peskin. >> thank you to planning as well as staff at you name it fire, public works, mta, et cetera . i wanted to as we talk about the extension of grace period i said i'm happy to support employmented to talk bh rules of the game during that extended period. namely around and i think probably all have the cases and

mr. a bad is aware of one that has been the subject of e mails to the supervisor but there are many others haare, if you will, abandoned or had not been pursued and -- perhaps a property owner made vague noises about they apply or have applied kept it in proper toward is tandem out to abandonment. i want to make sure that to the extent they are eligible for notices of violation and removal that is there is nothing in the phrase period that would stop us in talking to the city attorney i would like to duplicate this file we have to get it out the

door and introduce in a future hearing language that would be specific to that the city attorney has not drafted and in the same breath, i don't know if you encounters this. our original legislation required ajoining property owners if the parklet was in front of their space there are interesting ones where -- in the district i report i guess i represent the district with the most parklets i have buckets. experience and than i are all one off's where the property owner cannot be located or will respond and so i was thinking i might also in the future offer another amendment that says if the property owner does in the

say, no to an extent built permits -- parklet that it is deemed to be yes after a president of time and amounts of out reach by a registered mail. we'll make a motion later to duplicate the file to the call of the chair until the deputy city attorney prepared the amendments. >> supervisor preston. >> thank you chair melgar. and everyone if your work i have a district question and thank you for providing the information and a snapshot of the program. i noticed that -- from the information you sent that 75 of the 206 operators applied for the legislative program struck

mow as low and when i think you said over all there were about with 350 total. had admit applied. first checking i'm talking that these are apples to apples. of a third of those who are not applied are in my district and wonder if you can if i understanding that right why that might be and in terms of out reach, how we move forward and make sure and how our office and make sure everybody knows about the dead line and in they want to apply. >> yes, thank you. we welcome partner help to extend roach and pentrician. we are in the process now of targeting the 350 operator hos had a pandemic permit and yet to submit a post pandemic perimism

if they are interested in continuing, which in are indicated they don't want to to ensure we drive them toward this permit. submittal dead line is march 31 and we are providing passport for them to do so. with confidence. with regard to the numbers the digit and the brief staff provided it was mid left week the incomes will have to go back and triple check it make surety numbers are you fluid. we receive mrksz every day and revise applications and so i want to go become to the team and get you more updated numbers off line. if folks say they don't want to apply that is one thing if we are not hearing from folks that is an out reach sxsh we would

want to partner with to you get the word out. thank you. >> thank you, i had a couple questions. so -- to supervisor president pes pel's question. the flip side is in my district there is one abandoned space that is visible in the middle of the corridor. it is a noise one it belongs to a business that is no longer there. the business that is going to lease up the space is trying to merge to you know -- the store fronts and of course, your department takes, lot of time with that does -- with that very long permitting process, i want to make sure that with shared space in front they can also

easy low assume it or adopt it without starting from scratch. so, would this 120 days allow folks more time to do that? or is this something i might work with president peskin on his language? because you know i wanted to go both ways. if we need member to assume responsibility for something that is no long in use but if we have a that was can adopt it we want to make sure it is easy to do so without starting from scratch. >> absolutely. there is precedent for a parklet that had been stewarded by a neighbor. the department of public ws who admin sters the permits helped with this transition. it requires a formal application of sorts from the business

operator and i think we would want to work with your office and the operator to get this in before march 31 so we look at all of the parklet assets together as we try to implement our strategy also. we are trying to maintain the universal real time picture whoments to occupy park and who will give them up? on the subject of neglect and maintenance and the interim periods when businesses might be dark for awhile buzz they are struggling to open up or hire new staff through the pandemic, we exercised, let of latitude and trying to help folks be forceful about this. and i think where we do follow up with enforcement activity or had than i are eligible for notice of violation if we see that maintenance and

cleanliness, that the maintenance and the condition is deteriorating there is more latitude and neighbors feel better if you might be a closed store front but keeping up with where you are parklet the lit and are graffiti and other issues naarise from extended inattention. we get to territory of noise of violation and the steps of escalation that may lead to removal. which we have gone through in supervisor president peskin's district for one site already. i appreciate that. the question is about mta and the strategy is. and adopting to the new world. of shared spaces and parking

and -- curb management. how we may adopt to this. one things we struggled with in the inner sunset the corner of ninth and irving we have a bunch of parklets the trin that turns. you know often like 2 trains. and people who double park illegally. and then pedestrians or bicyclists and cars cannot get through. i worry if there is know emergency the fire marshall that can be trouble. i worn if we have taken a look and african-american the city of those points where there are several. you written people like on valencia, you know uber drivers

stop and people get out of both back doors. sometime in on coming traffic. so, you know it credits safety issues but coniestion. i wonder curve manage examine enforce am. mta sf my team is think burglar. so you asked about a high level prop. our agency adopted a strategy the city wide strategically around the issues and credited a hoishg of how we might prioritize needs in commercial corridors. hathat looks like in practice is really a block by block level look hadoes look what is the block needs. is it a parklet in a yellow zone

we allow for 2 years approximate bring back that yellow zone. we apply that curb management block by block when looking at getting the application miss and determining our all the block needs met? relocate commercial and passenger loading? bring in general loading. a new typology we adopted in the last 2 years. uber pick up and loading needs so the nice wagz you are aware of in that swigz we may say, you need to shift your parklets down have you 3 and only have one. so. you talk about high level and the block i'm aware of and we

are making the decision as we approve the footprint for every permit this come in. do you need to shift the be removeed bring back the other needs we can't deal without as economy recovers and traffic is more prevalent the loading issues are safety. approximate this is the case. you taken the strategic block by block analysis, what is xhoungz and enforce am mechanism with the businesses they rely on the shared spaces to make it work. so i could see if you are asking folk cus have one instead of 3 that can be devastate to a business what is communication strategic like. >> we wanted not to be a

surprise when people submit applications months ago we roached out to every hundreds of businesses and completed the assessment you are in the yellow zone you need to shift to one if you want to stand in the program. you have to squeeze to 2. we communicated that over several among and when they do apply the same information already completed we say, this is the situation we point to the regulations and the code legislation does specify vision zero and that communication happens with the applicant through our a member of our staff and some are unfortunate and can be -- a dom myself and reenforce the experience of

balancing curb side needs but deal with that case by case. >> yea. thank you. >> if there is no other -- assistant fire marshall du want to say something? thank you. >> let's go to public comment on this idea. >> thank you, seeing no other members in the chamber move to the remote call in line we have 2 listeners with zero in the queue i will give them an opportunity to get in the kwu if they like. press star 3 and you will enter in the queue take the first caller. >> hi, everybody this is lori thomas. hello can you hear me. yes, good ahead. this is lori thomas the executive director of fellow parklet owner for [inaudible] i

want to real thank president peskin and supervisors preston and melgar for wrael great comments i would be happy to support any of those suggested changes. there are issues and everybody on the share's space tome we are trying to amplify and provide a voice to help. there has been great back and forth and out reach but we can see a lot of people submitted application and we are trying to get more in. this extension is a smart way to prop if bee are here to support. thank you very much for the work and working together. it hen a positive the past 6 months as we go toward this post pandemic world t. is important to talk through the issues and help operators as much as possible. thank you. >> thank you very much. that completes the queue.

skwoo thank you. public comment is closed. i like to make a motion we sends this we duplicated the sdpiel send one of the files to the full board with positive recommendation. >> as a committee report. >> of course. thank you >> on this motion, supervisor peskin. >> aye. >> supervisor preston. >> aye. >> supervisor melgar. >> aye. >> you have 3. >> thank you this motion passes. do we have anything else on the agenda. >> i make a motion to continue the duplicated item the call of the chair pending amendments i'm happy to i can't share with you but -- >> call of the chair i can we have the same policy goal which is to -- have flexibility rolling. i'm 1 huh percent we had this case in the home cafe they have

a parklet and left and went out of business i'm -- family cafe i'm sorry but they are trying to sell the property and parklet they equip. so -- as compared to the other one i will not mention the name of where its become a mess. so -- if you take care television witting to convey your interests god bless if you don'tful uh-huh we can dwraft something that says, uh-huh. >> on the motion to continue the to the call of the chair for the duplicate moved by priors peskin. supervisor peskin. >> aye >> supervisor preston. >> aye. >> supervisor melgar. >> aye. >> that passes. we are adjourned.

>> well, thank you for your patience. usually i'm always most low on time. so i appreciate you waiting. i'm san francisco mir london