to the city and county of san francisco and mr. lafco this is the counties and special integrity in that county gets that we've done that and final budget presentation by june 15th we have our planned for the may 16 meeting and then from that all lafco is fund by the san francisco's case we're extinct from the san francisco and work for the purposes of helping united states out with back office work so moving on the annual budget is 200 plus thousand dollars that was established and boontsdz the regulations that will be our allocated amount every year for the past seven years based on the down turned in 0708 lafco this was before my

time with lafco worked with the city and county to return that money we've been running it we had a large reserve it was over $900,000 and now to a point we nonetheless have enough of reserve to fund our operations so by the end of this year we'll on the other hand, with we'll have below the amount we need we have an additional amount of money we draw with the special agreement with the c puc so one thing we've daughter-in-law over the course of the this year to create and make sure we're spend our money wisely any money we request is well documented addressed taken care of some of the cost we've brought the executive director

robot our legal council has been serve as interim so for several years a savings of $40,000 every year that is split by the way, cca fund and your lafco general fund and established a proper reserve policy to make sure we have enough money to pay our bills and united airlines our bills with the budget it easier for etch so understand your budgeting process so consideration for lafco and changes hopefully in the next fiscal year we'll have launched the ac construction program centuries i've been with lafco and what we've seen we're actually doing special studies i know supervisor wiener through the board of directors asked us for an election study that will

be realized realized and supervisor tang asked united states for a underground utility we've been doing all those dudes e duties so those two lafco are paid for out of the general fund account and 0 not not cca fund our proposed budget i want to mention that considered at the april meeting some constitution how we're billed and paid the office of the city clerk we're in the process of reworking that we'll see a little bit of a savings and making the request and i'll be making the suggestion to fix whatever the process right now we're will requesting from the city and county half of our allocated amount and returning the rest of it we only want to have as much

as we need but make sure we have a proper operating budget there might be a slight change we've returning a slightly higher amount not 0 whole a lot of money under that attitude we only take what we physically need approach that's the basic presentation go i'll be happy to answer any questions. >> mr. chair opening it up for public comment. >> seeing none, public is closed supervisor mar. >> so mr. freed i appreciate the hamburger and the separation from the clerks budget it's great our clerk is here i don't have questions i know that is much more detailed than what the

budget is now i think such made an effort to give the amounts i'm clear and know that as you move forward with the pretty much a bare bones budget it is clear kind of where the money is coming from as we move beyond the period as lafco as well; is that correct. >> that's correct. >> i don't have any further questions. >> okay. if no other comments right now we'll keep the discussion going so at this time a motion to file. >> motion by and their and seconded by supervisor wiener we'll take that without objection. madam clerk, any other business before this committee? >> no, mr. chair. >> thank you, everyone we're

adjourned .

>> good afternoon ladies and gentlemen, this is the meeting will come to order this is the regular meeting of the stauld i'm mr. rosen the chair of the committee to my right is supervisor wiener and transportation authority will be sitting in on behalf of supervisor jane kim our clerk is

andrea ashbury and would like to recognize gym smith and jessie larson that be providing the sfgov on channel 26 madam clerk, any announcements? electronic devices. completed speaker cards and documents to be included should be submitted to the clerk. items acted upon today will appear on the may 12, 2012 board of supervisors agenda unless otherwise stated thank you very much madam clerk item would be accident health care to rise the massage establishments associated fees and item 2 aimd the administrative code of the massage establishment. >> supervisor tang is the author supervisor tang any racks. >> thank you, everyone who come out r came out for items 15e and

by the way, of background today's legislation is the amended to the planning code and heartache code without the details we've submitted substitute legislation last tuesday all the amendments are part of the public record in terms of the changes i wanted to share with the committee just a brief overview of why we're doing this and why we're here today in 2003 and prior to that actually, the jurisdiction over enforcements and regulations of massage establishment was under the san francisco police department in 2003 the jurisdiction over that transferred 0 our san francisco department of public health there were concerns we were criminalizing the industry so it allows us to have a much more how shall i say in 2006 san

francisco stabbed a permitting process through the department of public health and we had our former supervisor fiona through the board of supervisors required a conditional review for all massage establishment in 2006 and 2009 there other was state law that passed sb 731 that created the california massage council for short that's c a mp c with the certification of massage practitioners there are also new limits on the authority of cities to impact or enforce the certified individuals and establishment employing only c a mp c certified folks when it was created you know it was residency really for a good rebate you you know there are not all cities in california

have a prilt process like san francisco especially for those jurisdictions that don't it created a stated decided process throughout the state of california, however, one hardship more san francisco we had our own system in place so we had believe r essential a dual system so we had some people establishments that of certified through c a mp c and we also had another certified there the dpw and through the process many were left out of either system there's establishments and businesses that are not certificate through the organization so 2013 some legislation was passed by the city to actually give our city departments tools to work with and in 2014 our govern stained i signed into law after the hearings of the

citizens they've found the state realized it is important to return the land use and regulatory controls for massage establishment that's why we're here today so in 2015 that's why i have proposed academies to codify some of the changes through ab 1147 in support more short for the health care provisions i'll go over highlights the city health code the permit for establishment employing all c a mp c athletes if you're employing them you'll be required to get a business permit the reason as i mentioned there are many businesses not in either system we need to be able to capture all of that, and, secondly two the exempt from

the certificates we're thirdly requiring multi lingual education and the changes are actually based on input into the sex workers and stockholders for example, the permits and certificates are not required to be dated pub, however made to be available upon investigation by the an inspector under state law and with removing the provision where the potential for denial of permit only if you're convicted with concern crimes not charged with them and changing the requirement to have the hours of education and attire and trafficking and education in terms of the

planning code we're removing the conditional use authorization for establishment employing all c a mp c therapists i've heard from businesses this is a very burdensome costly process i'll say this is a requirement that was in place since 2006 as we will hear from our former supervisor district 4 fiona this was in place and roughly hundred establishment that have gone through this process not to mention another types of businesses not only maximum has to go through the cu process, and, secondly, after hearing conferees we're adding on exception for sole practitioners even those up to 4 that share spaces as long as they have independent processes are exempt and per the suggestion for the

shoulders we're bagging the opening of the massage establishment where it was 14u9d for 3 year period and lastly we are adding legitimatization program for establishment that didn't receive proper permits so that's in a in a nut shell so my staff has worked hard on that legislation with many, many stakeholders i'm going to ask her to come up to 9- so everyone can understand how flexible wire trying to be we're not trying to shut down existing businesses we want to make sure that everyone is on - sfgovtv if we can put up

the projector arrest avenue we're heard from the massage stakeholders there are massage establishment that didn't get correct land use authorization either they were confused because of the dual process if the state or thought they were automatically qualified or didn't get their authorization and our intent from the beginning was not to shut down currently operating establishment so codified in the section we state the intent to have an establishment where the massage establishment operating any seek the prilths while their seeking the permit will be in

operation the legitimatization process we the non conforming or permitted use as long as they meet the following requirements it was operating in january of 2015 and that data has been into play with our cus it got a license prior to john january 9th and get valid proprieties prior to january 19th and no open police department e.r. planning staff or other cases and the massage establishment applies for a permitted within 90 days of the effective date this is the application not powerful only apply for the dpw permit in conformity with the health care

changes as well as the daylights we'll make sure the rules will be posted with the program the department of housing is doing the outreach and even posting notice clearly explaining the myriad and underlying zoning district and that zone massage different so we will honor that and let the massage establishment the underlying matt haney the determination of applicability starts with the dpw gets the application for the permit refer it to the planning department the department will be in charge of making sure the requirements are met we've also nuts and bolts noted that if they intend to intense

if i they'll have to follow the process of the cu authorized business in terms of expanding and placed an 18 month sunset open the program so we'll have a reasonable timeframe to get everyone under the same standard so that's itself description of the legitimatization program as mentioned we've worked very, very hard to make sure we've encompassed all establishment and make sure they continue to operate as we deregulate and create our standards for the massage establishment that's one of the highest priorities and in developing our legislation so. >> thank you very much. >> people have questions i'll conclude by saying that not only is the conditional use permitting temporary restraining orders process is a tool that we

have been using in the city for many, many industries not only massage there is a concern that in some of the massage establishment unfortunately, there has been some illegal activity happening many have asked the changes human and labor and sex trafficking we're trying to give the city departments the tools to go into the establishment and really see if there are problems that exist as i mentioned there are quite a few of the establishment not part of any system and we will need through the process to be able to capture those locations i'll cite according to the california attorney general we're one the top dissension states for trafficking go human

beings from 2010 to 2012 california 9 resemble turn off all electronic devices. identified one thousand plus victims and initiate over 2 thousand 5 heed investigations and arrested almost 2 thousand individuals and many were from the united states it is a real issue and realize this a larger one than san francisco that tables we need to find ways to address this not only protectively but other department action we'll have a speaker from dpw and let you know we're trying to figure out a better outreach and sensitive ways to reach out to victims in some of the massage establishment so with that then

i'll be happy to answer any questions i see some names on the roster supervisor wiener. >> thank you to the chair and madam chair and thank you supervisor tang for bringing this forward this is one felt very challenging piece of legislation because on one hand we have the industry with many, many very liability operators that provide a very valuable service and are employing people and playing by the rules and doing absolutely nothing one thing on the other hand we have establishments that are doing anything but playing by the rules that are abusing people where you have just really horrible examples of human being trafficking and basically in some extreme

incidents sex slaves a terrible situation so it is changing to strike the balance you have legitimate establishments and i have those highly abusive establishment and i know that is important for people in the industry who i know raised real concerns of over regulations and sweeping in the good acres with the bad actors and situations on the books this is not on a blind slate it is important to make sure we have good land use controls in place to have the tools we need to deal with those very abusive acres it is important to do what we can for legitimate businesses to start and thrive and to be sure to grow and we're is not city government tiger's the industries because of bad actors

first of all, thank you supervisor tang and her office for listening and stacking feedback i know that supervisor tang's office had a number of meetings and supervisor tang also think outside the box receptive to making the amendments to stand the exemption from the conditional review not only for sole prargdz but others co-loeks e locating we know that massage therapist share a room in a common office i appreciate that exemption it helps a lot of people i do have a few issues i want to raise some of those will if they happen need to be trailing legislation yoptd to trigger a rereferral to the planning commission and supervisor tang

is aware but i want to raise those and maybe questions for staff one is when i have a legitimate existing massage therapy business that needs to move let's say down the block for more space or all too often happening their rents gets doubled is he e they have to find different real estate and this is moving is there a way to and they don't have violations a clean record is it not forcing them to go through the conditional use process because they're a business that is changing locations and another issue the industry has raised the issue of because they're being shifted from the category of service, heath e health to

services establishment they're being removed if the health care fields there's a sign in the beginning the legislation that makes it clear that massage has many benefits ensue the probably of changing the name instead of massage establishment service, health massage or something like that or acknowledging we're not trying to city government missed the whole industry and then finally there's an issue i believe this is not related to supervisor tang legislation but was instituted by legislation from then supervisor carmen chu that has to do with massage therapists co-related with the acupuncture i think under the legislation proposed by supervisor tang as i

nodded up to 4 solo practitioner therapists can correlate await goes through the cu but if they located with a single which they shouldn't they have to go through a conditional review it creates an odd phenomenally but carmen chu supported the legislation but there were abuses an act tush or chiropractor the acupuncture it is gone but a way to extend the up to 4 solo massage therapists 60 locating to locate with an chiropractor or acupuncture it without going through the conditional use authorization we see those co-locations with the professionals they'll refer to

each other and work in the same space not working for each i think this may need to be trail legislation but those with are the issues i wanted to raise today and have it out there as part of the the conversation and i look forward to the dialog today. >> great. thank you very much before we go any further and on to public comment first, i want to call up the doctor emily murase to make a brief remark and also call of the up the representative from the department of public health to speak. >> emily and good afternoon. supervisor cohen and supervisor tang and supervisor wiener i'm the director for the status of women the policy