>> good morning everyone. i am mayor london breed. i want to welcome you today to talk about the election last night and the results as well as talk about today being the first day that we have lifted some restrictions as it relates to indoor masking. last night, during the race the voters sent a clear message, a clear message as it relates to the school board and the need to begin the process to refocus on our children and on what is most important in their lives and

what is most important for the future of our schools in san francisco. i want to take this opportunity to thank the parents and the grassroots organizers who pulled this together and called attention to some of the challenges that exist with the school district. i want to thank the educators who continued to show up and to try to work with our students despite a very challenging two years. i really want to take this opportunity to talk a little bit about our next steps and what we plan to do because although we may think that as a result of this election that this is behind us, there is even more important work that needs to be done moving forward. over the past couple of weeks, i

have had a number of conversations with a number of parents throughout san francisco. parents that aren't necessarily politically engaged. parents who struggled, whose kids struggled. the asian community and latino community, geographically throughout san francisco, parents who really felt that they were left out of the process when schools were struggling to reopen during this pandemic. many of them talked about a lot of the challenges that exist in their lives. that is really where our focus should have always been. kids usually vibrant and talkative more subdued and quiet and seeing the changes in their kids and struggles they are going through.

talking to parents with children with significant learning challenges, those with disabilities and other issues and seeing the rapid decline in their children as a result of what sadly had been happening not just with the school district but with the pandemic has really been tough for them. it was hard to hear the stories and hard to hear some of the challenges the parents were facing. more importantly, what was made clear to me is their feedback what they want to see in a new member or members of the school board. they want to focus on the fundamental responsibility of the school district. that is to make sure that we educate our children. education and the system around education has to be at the for

front of everything we do. when we think about the learning loss, mental health challenges, that has to be our focus. talking with a number of educators about what they were experiencing in the classroom and frustration about inconsistent information. i am concerned about all parties involved. in selecting new school board members we are asking a lot of very hard questions. what are we going to do for those kids who have learning disabilities? what are we going to do for the kids with special needs? what are we going to do for the kids who don't have parent advocates? how are we going to focus on the challenges around learning loss? how are we going to deal with the challenges around gaps relating to equity? so many questions, so many concerns. how are we going to deal with

the budget deficit for the school system? one that is increasingly growing. a new superintendent is expected to be hired. those decisions are critically important to the long term success of the school district. there are immediate things to address right now today, long-term we have seen a significant decline in enrollment in the public school system. school assignment has to be revamped in a way that again is done fairly and equitably. a number of these challenges we are looking for well-rounded school board members who are focused on the schools. who are focused on our children and their success. who are focused on collaboration and working together.

who are focused on wanting to hear from different perspectives whether they are in agreement with those perspectives or not. bridge builders. that is what we are going to look for. this is all coming from many of the parents i had an opportunity to talk to. questions that these parents provided me with and want be me to ask of the people that i am going to be interviewing and to be clear. i am going to be meeting with aa number of people to have the conversation around why they think that they would be the best person for the job. you know, i made appointments before for this city on a number of bodies, including school board. this is probably one of the hardest decisions that i have ever had to make as it relates

to appointments because of the significants of what this means and what the people of san francisco expect from the people that i will appoint. because of the future and the concerns about our kids. none of us knew we would be in the midst of a global pandemic. there wasn't a playbook for this. when we think about what happened in san francisco and what we did, our early action to save lives. we were a model for the country, and the number of people whose lives were safed and the number of people fully vaccinated and boosted and we should be proud. the stark contrast to what happened in the school district. the frustration, uncertainty, inconsistent information, lack

of clarity, bickering, politics and who suffered the most? our children. they suffered the most. they are still suffering. we have to put aside all personality conflicts and we have to focus our attention on addressing what is most important, and be that is their future. i met with a lot of parents. there are a lot of parents out there that can't be advocates for their kids. they may not know how. i can't help but think if this pandemic had happened when i was a kid when my grandmother was raising me, a woman who never had the opportunity to come to the school if i got in trouble i

had to get sent home. i think about those kids who don't have the parents who have the time because they are working two or three jobs or those parents who may feel uncomfortable with speaking out because of their immigrant status or a number of issues. those kids in abusive homes. i think about all of those kids who don't have advocates, who don't have that level of support that they need and school was in some cases their only outlet. there are going to be a number of heavy conversations in the coming weeks because the decision that i may being is going to be important. it is going to be important because of the short term and long-term challenges the school

board faces. what is next? what is next is there are votes to be counted. department of elections anticipates that they will be finished counting votes by next week. end of next week. once they certify the results they will forward that information to the board of supervisors, and the board of supervisors will meet to approve the election results, certify the results. that process is expected to take somewhere close to a month. in that time i will be interviewing candidates. there is a lot of work to continue to be done. we will do everything to work with the school district. once a vacancy occurs that is when i will have an opportunity to appoint and my hope is that i

could make a decision that sanfranciscans can be proud of d feel the school district is in good hands. it will require patience and development clearly of new found trust because of what is experienced. so we have still a process involved, still time that we need to take. time where my focus will be on reaching out meeting with folks and doing everything i can to make the best decision for the kids of our city. with that i wanted to just talk a little bit about the mask mandate. today officially the masks are no longer required in places

like restaurants, bars, offices, movie theaters, museums and indoor settings for vaccinated people. people can still wear their masks. in fact i know people will still wear their masks and there may be some businesses that still may require you to wear your mask. please don't get into arguments about whether or not you are required to wear your mask or not. it is a hard time for all of us. if a business asks you to wear a mask, wear a mask or choose another business. let's understand this is challenging. i know some of our regulations have been confusing. one minute you are wearing a mask then you are and then you are not. we are in this together. we have a lot to be proud of. as i said, a leader in the

country related to saving lives in a global pandemic we could not predict. we should be proud. this is the homestretch. numbers have declined in hospitalizations and the number of people impacted. my hope as we begin to change that and people are boosted and vaccinated. masks may not be required in some other settings like schools and hospitals and jails where they still respect required. continue to be patient with us. continue to be patient with the businesses all over the city. we will get through this. thank you.

>> can you speak to the concerns some may have around that? >> what i will speak to is there is always conversations around money and politics. at the end of the day what we see in the election results it is clear that many of these san franciscans are more concerned about our children and what has been happening with the school district and distransactions and lack of focus and what is more important than they are about our children. what is my focus is the children first and four most. whoever is selected will focus on trying to turn the school district around. focus specifically on public school and enrollment apsome of the challenges that exist there. the point that you made is something that is news to me

because the fact is there are a lot of different kinds of people involved in the push for this recall from all walks of life. to attribute to one group of people is not fair to the work that so many grassroots people who have children in the public school systems have done. >> i am not disqualifying anyone at this time. i am going to meet and talk to as many people i can that with serve the san francisco unified school district well and focus on the public schools and our children.

[indiscernable] >> i think, you know, i do not regret my decision to appoint foga to the school board. foga had a lot of skills in working with communities that are on the southeast sector of the city. many people advocated for him as a voice for them. i made that decision. he was running already. he had a lot of support and especially a lot of support from many of the communities struggling in the school district. i don't regret the decision i may being. in this particular process i will think about the same thing. thinking about those same communities in the decision i make and thinking about, you know, more in depth people who have more in depth knowledge of, for example, what i heard from parents. they want someone who

understands finance. the financials. they are concerned about the budget deficit and what that might mean for their children. having people who understand budget and who have knowledge of not just community but who have the qualifications to understand how an organization is run. hiring and budgeting and there is a lot of different components to this. those are things that are added to the conversation in addition to some of the things i look for in previous candidates. >> do you think given the results 70 something plus of the recall that san francisco and san franciscans are moving less in the direction of having progressive ideas and more towards moderate and liberal ideas? >> i don't think so.

our children suffered. it is not about politics. it is not about having progressive or moderate or liberal idea. it is about my kid used to be a kid that was social and fun and is now quiet and sad and doesn't smile. you as the parent feel like there is nothing you can do about that because of what is happening with your child's education. at the end of the day this is about what was happening. we are not saying some of the things at the school district weren't important conversations to have. i think renaming schools and looking at the history of the names is important. the problem was the clear communication around when schools would open and how during the process of distance

learning we would deal with those challenges of kindergarten not signing in and issues happening at hand. the fact those weren't put front and center and solutions weren't focused on there is what drove this decision. that is what i heard from the people i talked to. it wasn't about progressive or liberal. i think it minimizes is hard work so many people did to get this on the ballot to get it past by trying to attribute it to that. >> the chinese american community reasserting its political power. >> sorry. >> was yesterday's recall was the chinese american community reasserting it goes political

power in the city? >> these are people fighting for their children. i can't say that enough. the storyis heard over the past couple weeks would have brought you to tears. imagine if it were your child and you didn't have money to put them in private school or anything which most of the private schools were open and your kid is struggling. this came from a different place. this came from parents who were upset and frustrated and stressed out and in many cases trying to work two or three jobs to take care of their kids. single moms and grandmothers afternoon grandfathers. this was from my perspective not about politics.

>> how are you going to ensure the picks you make are independent and not be holden to you. there is concern you might have too much influence over the school board instead of the voters. >> that is unfair in terms of assessment. i feel confident my history of appointments demonstrates that i willing to work with people who have a different ideology than i do in order to make what i believe is the best decision based on input. one of my first picks worked for someone who actually ran for mayor. we ran against one another. i think that at the end of the day, i am a san franciscan. i love the city. i will make a decision in the best interest of the entity and best interest of the city.

that will involve feedback from people who really -- parents especially, teachers, educators as well -- having well rounded feedback and number to choose from that are going to be important. that is my focus. my hope is they are people who will work with me and work with the city. we want to partner with the cool district. you have come to us and we have gone to them. we want someone to work with us so we can help support our children. >> do you have a position? are you open to changes? >> i think that it is the wrong message right now. these people worked really hard. this was a very grassroots

effort. i think that people should have the ability if they have a concern with any elected leader. they should have the right to take a recall effort to the ballot. it is unfortunate. to put this on the ballot is very unfortunate. >> you are a part of children and families staying in the budget. so much per household. how will you keep housing affordable so the state comes in to fund the school board. >> changes to the am location so it is not based on individual student enrollment. they are looking at different formulas. san francisco is an i very expensive place to live.

one solution is to build more housing remove the barriers that obstruct our ability to do so and recently the housing measure to speed up housing production was rejected by the board of supervisors. we can't keep saying we want more affordable and more housing and the decisions we make are counter to that.

>> shop and dine in the 49 promotes local businesses and challenges residents to do their business in the 49 square files of san francisco. we help san francisco remain unique, successful and right vi. so where will you shop and dine in the 49? >> i'm one of three owners here in san francisco and we provide mostly live music entertainment and we have food, the type of food that we have a mexican food and it's not a big menu, but we did it with love. like ribeye tacos and quesadillas and fries. for latinos, it brings families

together and if we can bring that family to your business, you're gold. tonight we have russelling for e community. >> we have a ten-person limb elimination match. we have a full-size ring with barside food and drink. we ended up getting wrestling here with puoillo del mar. we're hope og get families to join us. we've done a drag queen bingo and we're trying to be a diverse kind of club, trying different things. this is a great part of town and there's a bunch of shops, a variety of stores and ethnic restaurants. there's a popular little shop that all of the kids like to hang out at.

we have a great breakfast spot call brick fast at tiffanies. some of the older businesses are refurbished and newer businesses are coming in and it's exciting. >> we even have our own brewery for fdr, ferment, drink repeat. it's in the san francisco garden district and four beautiful murals. >> it's important to shop local because it's kind of like a circle of life, if you will. we hire local people. local people spend their money at our businesses and those local people will spend their money as well. i hope people shop locally. [ ♪♪♪ ]

sustainability mission, even though the bikes are very minimal energy use. it still matters where the energy comes from and also part of the mission in sustainability is how we run everything, run our business. so having the lights come on with clean energy is important to us as well.

we heard about cleanpowersf and learned they had commercial rates and signed up for that. it was super easy to sign up. our bookkeeper signed up online, it was like 15 minutes. nothing has changed, except now we have cleaner energy. it's an easy way to align your environmental proclivities and goals around climate change and it's so easy that it's hard to not want to do it, and it doesn't really add anything to the bill. [gavel] good afternoon and welcome to

the march 1, 2022 regular meeting of the san francisco board of supervisors. madam clerk, please call the roll. [roll call for attendance] mandelman not present. melgar present. peskin present. preston, present. ronen, present. chan, present. haney, present. safai, present. stefani, present. supervisor walton. >> present. supervisor mandelman. >> mr. president, all members are present. >> a thank you so much, madam clerk. the san francisco board of supervisors acknowledges that we are on the unceded ancestral

homeland of the ramaytush ohlone who are the original inhabitants of the san francisco peninsula. as the indigenous stewards of this land and in accordance with their traditions t ramaytush ohlone have never cedede lost, nor forgotten their responsibilities as the caretakers of this place as well as for all people who reside in their traditional territory. as guests, we recognize that we benefit from living and working on their traditional homeland. we wish to pay our respects by acknowledging the ancestors elleders and relatives of the ramaytush ohlone and affirming their sovereign rights as first peoples. colleagues, please stand with me to recite the pledge of allegiance. [pledge of allegiance]

on behalf of the board of supervisors, i would like to acknowledge the staff at sfgov tv. today we have anson who record each of the meetings and make transcripts available to the public online. madam clerk r there any communications? >> yes, mr. president. i have a communication to the general public. interested in accessing this meeting remotely who may do so through cable cast on sfgov award-winning channel 26 or viewing the live stream at sfgovtv.org. the most efficient way to provide public comment is to listen from your touch phone connected to remote call-in system to be in live sync to provide comment. throughout the meeting the telephone number is streaming on the screen. it is 415-655-0001. when you hear the prompt enter the meeting i.d.

2 (496) 033-7020. press the pound symbol twice. you will know you have joined the meeting when you hear the discussion. however t line will be muted. understand you are ready to provide comment, press star 3 to get into the speaker's queue. the system will prompt you when it is your turn. listen carefully for the prompt you have been unmute and begin speaking your contents. today's agenda content eligible for testimony or public comment is limited to the following two items. first, board of supervisors requests public testimony for the 3:00 p.m. special order, items 28 through 31. those items comprise the public hear on the appeal of determination of exemption from environmental review for the proposed project at 2000 oakdale avenue. additionally the board will hear your general public comment once item 34 is called on the following matters. the approval of the january 5 regular board meeting t january

25, 2022 of the government audit and oversight committee. and items 35-39. these are the items for consideration on the adoption without committee reference section of the agenda. other general matters that are not on the agenda today but are within the subject matter jurisdiction of the board are eligible for your comments. all other agenda content will have been reported out to the board by the appropriate committee where the public comment requirement was fulfilled. the board of supervisors will accept your written correspondence if you use u.s. mail. 1 dr. carlton b. goodlet place in san francisco. and use the email address bos@sfgov.org. in a solid partnership with the office of civic engagement, interpreters will join would you say the 3:00 p.m. special order when i will invite them to

introduce themselves and provide the access information to the remote meeting in language. just want to state that the interpreters will need to sign you have around 7:00 p.m. and finally we do have a live person standing by to assist you in the clerk's office if you experience any trouble connecting to this meeting remotely. please call 415-5 # a 4-5184. thank you, members. mr. president, that concludes my communication. >> president: thank you so much, madam clerk. colleague, before we get started, a friendly reminder to please mute your microphones when you are not speaking. we are not at approval of minutes. and today we are approving the meeting minutes from the january 25, 2022, regular board meeting and the january 20, 2022 special government audit and oversight committee meeting which constituted a quorum of the board of supervisors. i don't see anyone on the roster for changes to the meeting, so

-- to the minutes, so we will take a motion to approve made by supervisor preston. seconded by supervisor mandelman. madam clerk on the motion. [roll call on approval of minutes] there are 11 ayes. >> thank you. without objection, the minutes will be approved. madam clerk t consent agenda ie sems 1-3. >> items 1-3 are on consent and

are considered to be routine. if a member objects, an item may be removed and considered separately. >> president: thank you so much. we can check the items same house, same call. without objection, the ordinances are finally passed unanimously. madam clerk, please call regular agenda unfinished business, item four. >> item 4 is to call a special election to be held in the city and county of san francisco on tuesday, june 7, 2022, for the purpose of submitting to the san francisco voters a proposition for the city to incur $400 million in bonded debt to finance the cost of construction, acquisition and improvement of certain transportation street safety and transit related capital improvements and related costs necessary or convenient and to authorize landlords to pass through a 50% of the resulting property tax increase to residential tenants and to,

among other things, make the appropriate findings in pursuant to the california government code. this item requires eight votes of the board of supervisors to approve for message of the jail bond. >> thank you so much, madam clerk. and it requires eight votes, we will take a roll call vote on item 4. i do not see anyone on the roster. madam clerk. [roll call on item 4] there are 11 ayes. >> president: thank you. without objection, this ordinance is finally passed unanimously. madam clerk, please call item

number 5. >> item 5, resolution to i a prove the fifth amendment to an emergency agreement between the human services agency and the 1231 market street for the city's continued use of hotel rooms and associated services at the hotel whitcomb at 1231 market street. to increase the contract amount by approximately $24.4 million for a total amount not to exceed $78.9 million for a potential total term through december 1, 2022 and authorize hsa to enter into amendments or modifications to the contract to the contract that are necessary to person pet wait the purposes of the contract that do not materially increase the obligations or liabilities to the city. >> president: thank you, madam clerk. supervisor haney. >> thank you, president walton. as you recall this, item was continued at our last meeting to allow time to prepare amendments to insure that the contract

conforms with the requirements of the mayor's 45th supplement. those amendments have been circulated and the city attorney has deemed they are not substantive, and i know we have robert walsh from hsa who is here to describe them or, i guess, remotely. >> president: thank you so much. mr. walsh? >> good afternoon. thank you, supervisor haney. hello, supervisors and president walton and members of the public. i am robert walsh, the director of facilities and operations for the human services agency. to summarize quickly, we very recently made modifications to the resolution to bring it into conformity with the language of the 45th supplemental to the pay may yor's emergency declaration. the key change is that the 45th supplemental alouse for extension through -- allow for extension through august 31 and only allows for further extension if the board passes an ordinance which has not yet come to the board.

in this case the agreement will end on august 31 unless the board passes the aforementioned ard ordinance, at which point this will extend to no later than december 1, 2022. just to recap using key language from the resolution in accordance with section two of the 45th supplemental that the board of supervisors hereby authorizes a fifth amendment to extend the term of contract up to and including august 31, 2022, and authorizing the further extension beyond august 31,2022, provided that the before exercises the option to further extend the term, the executive director of hsa must first obstain the approval of the board of supervisors by ordinance waiving any applicable restrictions in the municipal code. i'm happy to answer any questions you might have. >> thank you. >> thank you. i do not see anyone on the

roster. supervisor haney. >> i would like to move those amendments. >> thank you so much. >> motion to move amendments. seconded by supervisor preston. madam clerk, on the amendments. [roll call on amendment to item 5] there are 11 yay yays. >> president: thank you. motion to amend item 5 passes unanimously. i don't see anyone on the roster, so madam clerk, on the amended item, we will take this same house, same call.

and without objection, this resolution is adopted you nan mousily. -- is adopted unanimously. please call item 6. >> resolution to adopt a fixed two-year budgetary cycle for the airport and public utilities commission for fiscal year 2022-23 and 2023-24 defining terms and setting deadlines. >> president: thank you, madam clerk. i don't see anyone on the roster, so we will take this item same house, same call. without objection, this resolution is adopted you nan mousily. madam clerk, call item 7. >> item 7 is an ordinance to deappropriate $85,000 previously appropriated to the department of children, youth, and their families and to reappropriate $85,000 to the department of public works for street maintenance in fiscal year 2021-2022. >> president: thank you. seeing no one on the roster, we will take this item same house, same call.

without objection, this ordinance is passed on first reading unanimously. madam clerk, please call item 8. >> item 8 is to accept and suspend a grant from the board of state and community corrections to amend the annual salary ordinance for fiscal years 2021 through 22 and 2022-23 to provide for the addition of two grant-funded positions, one fte in class 8446 and one in class 8171 for the resentencing pilot program. >> president: thank you, madam clerk. supervisor safai. >> thank you, mr. president, colleagues. i appreciate your support on this today. as we all know, the criminal justice system has a long history of discriminatory

sentencing to our people of color and low income families with particularly longer and harsher sentences. and many times people are unjustly incarcerated. assembly member phil ting passed ab-1540 last year to update the penal code section 1170.03 to improve resentencing process to make it more just and accessible so that people believe the sentencings were longer and harsher unjustly, they have the opportunity to apply and go through the process. currently that is just the first step. the district attorney's office still has the requirement that applications are required to begin the process of reviewing the sentencing, the length, and the term of it. with this grant and i want to thank the public defender's office for their hard work, but this will allow the -- from the

bureau of state and community corrections the public defender can now establish a pilot program to insure that people get representation and that they have the ability to go after reducing their sentences to a shorter period of time if the court deems so. so this is a wonderful opportunity. i want to thank the public defender and his team, again, and colleagues, i ask for your support. >> president: thank you so much, supervisor safai. i don't see anyone else on the roster, so we will take this item same house, same call. and without objection, this ordinance is passed on first reading unanimously. [gavel] madam clerk, please call item 9. >> item 9 is a resolution to retroactively approve a third amendment to an emergency agreement between the hsa, human services agency, and sf americana llc for the use of

hotel rooms to house individuals experiencing homelessness or who may be in vulnerable population. to extend the contract term to august 31, 2022 with an additional option and to increase the contract amount by approximately $6.6 million for a new total of approximately $16.4 million and to authorize the executive director of hsa to enter into amendments or modifications to the contract that do not materially increase the obligations or liabilities to the city and are necessary to effectuate the purposes of the contract. >> president: thank you, madam clerk. seeing no one on the roster, we will take this item same house, same call. without objection, this resolution is adopted unanimously. [gavel] madment a clerk, please call item 10. >> item 10 is a resolution to approve the third amendment to the agreement between cross country staffing inc. and the dph for as-needed registry

personnel to maintain staffing levels, to increase the agreement amount by approximately $59.7 million for a new amount of $85.6 million with a two-year term extension through june 30, 2024 and to authorize the dph to enter into amendments or modifications to the contract prior to final execution that do not materially increase the obligations or liabilities to the city. >> thank you, madam clerk. seeing no one on the roster, we will take this item same house, same call. without objection, this resolution is adopted unanimously. [gavel] madam clerk, please call items 11 and 12 together. >> items 11 and 12 comprise two accept and expend grants for the department of public health. item 11 retroactively authorizes the dph to accept and expend a $1 million grant from gerson bakar foundation to the

san francisco general hospital to expand video visit intre great lakes through april 30, 2023. and for item 12, this resolution retroactively authorizes the dph to accept and expend $350,000 grant for a new total of $3 million from the centers for disease control and prevention for programs to support ending the h.i.v. epidemic in the united states through july 31, 2022. >> president: thank you, madam clerk. seeing no one on the roster, we will take these items same house, same call. without objection, these resolutions are adopted unanimously [gavel] madam clerk, please call item 13. >> a resolution to i a prove the second modification to the fixed based operator lease and operating agreement between signature flight support llc and the city, a three-year term extension through september 30, 2025 for an estimated minimum annual guarantee of

approximately $16.2 million during the first year of the additional term extension. >> president: thank you, seeing no one on the roster, same house, same call. without objection, this resolution is adopted unanimously [gavel] madam clerk, call item 14. >> a resolution to authorize certain amendments to the endenture and trust related to the city's variable rate multi-family housing revenue bond currently outstanding in an aggregate principal amount of $216.5 million to provide financing for the acquisition, development, and construction of a multi-family rental housing project known as 1601 mariposa apartments to authorize the collection of fees and ratify and approve any action taken in connection with the bonds, the notes and the projects. >> president: thank you, madam

clerk. i don't see anyone on the roster. we will take this item same house, same call. without objection, this resolution is adopted unanimously. please call item 15. >> item 15 is a resolution to confirm that the property is annexed to the san francisco facilities district 2014-1 and confirm the process for properties to annex into the district. >> thank you, madam clerk. i don't see anyone on the roster, so same house, same call. without objection, this resolution is adopted unanimously. [gavel] madam clerk, please call item 16. >> item 16 is an ordinance to amend the planning code and the zoning map to create the central neighborhoods large residence special use district as defined herein. to prevefsh and enhance neighborhood context and affordability, to require

conditional use authorization for large residential developments in the district and to prohibit new residential development or expansion of an existing residential building that would result in any dwelling unit exceeding 4,000 square feet of gross floor area in most circumstances, and to affirm the ceqa determination and make the appropriate findings. >> president: thank you, madam clerk. i don't see anyone on the roster, so we will take this same house, same call. without objection this, ordinance is passed on first reading unanimously. madam clerk, please call item 17. >> item 17 is an ordinance to amend the planning code to designate one montgomery street, also known as the crocker national bank building, as a landmark consistent with article 10 standards set forth in the planning code and to affirm the ceqa determination and to make the appropriate findings. >> president: thank you, madam clerk. i don't see anyone on the

roster, so this item is same house, same call. without objection, this ordinance is passed on the first reading unanimously. madam clerk, please call item number 18. >> item 18 is an ordinance to amend the planning code to revise massage establishment zoning controls and to affirm the ceqa determination and make the appropriate findings. >> president: thank you. supervisor mandelman. >> thank you, mr. president. i believe our city attorney is asking that we hold off on voting for this until they can come forward with some amendments which i believe they are trying to do during this meeting, so i ask that we put this off until later in the agenda. >> president: thank you, supervisor mandelman. we will come back to item 18. madam clerk, please call item 19. >> item 19 is an ordinance to amend the planning code to designate the fresco titled allegory of california in the grand stairwell between 10th and 11th floors of the city club of

san francisco, formerly known as the pacific stock exchange luncheon club within 155 sansome street as a landmark consistent with article 10 of the planning code and confirm the ceqa determination and make the appropriate findings. >> thank you, madam clerk. i don't see anyone on the roster, so we will take this item, same house, same call. without objection, this ordinance is passed on first reading unanimously. madam clerk, please call item 20. >> item 20 is motion to make appointments to the local homeless coordinating board to appoint kelly cutler term ending october 21, 2023 and del seymour residency requirement waived and nikon guffey ending october 21, 2022. >> president: thank you. i don't see anyone on the roster, so this item is same house, same call. and without objection, this

motion is approved unanimously. madam clerk, please call item 21. >> item 21 is a motion to appoint tiffany walker-carter to the small business commission term denning january 6, 2026. >> thank you, madam clerk. i don't see anyone in the roster, so we will take this item same house, same call. without objection this, motion is approved unanimously. madam clerk, please call item 22 >> item 22 is a motion to reappoint laura thomas to the entertainment commission for a term ending july 1, 2025. awe thank you. i don't see anyone on the roster, so we will take this item same house, same call. without objection, this motion is approved unanimously. madam clerk, please call item number 23. >> an item 23 is a motion to order submitted to the voters at an election to be held on june 7, 2022, an ordinance to amend

the police code to require employers to provide public health emergency leave during a public health emergency. >> thank you, madam clerk. supervisor mar. >> thank you so much, president walton, and thank you to the rules committee for unanimously recommending this initiative ordinance. public health emergency leave is a common sense policy to protect workers and work places. i believe it was the very first emergency ordinance the board of supervisors passed in the early days of the pandemic. we passed it unanimously and mayor breed signed it, and we unanimously reenacted it half a dozen times. i hope it will again earn your unanimous support today. in the more than a year that the emergency version of this measure was in effect, more than 200,000 san francisco workers gained the critical protection that expanded paid leave offers to protect themselves, their coworkers, their families and our city. our ability to keep that

emergency law in place ended and so did its vital benefits. we sought to codify this with a regular ordinance but because public health emergency leave is in a technical sense an expansion of the existing paid leave sick ordinance which may only be amended by the voters, the city attorney has been clear this critical policy may also be extended by the voters, so we have brought forward this initiative ordinance to give voters that choice. one of the many outcomes of the covid-19 pandemic was the essential frontline workers who have born the brunt of this public health crisis. we applauded them and lauded them and stood on balcoist in and banged pots and pans for them, but in holding up essential workers as heros, we have not always held up the humanity, human needs and rights to safe working places and conditions. essential workers need and deserve our support and that means more than symbolic gestures or empty word, and i am

proud that san francisco knew and acted on this early but expanding paid leave and hazard pay and the right of domestic workers. and now we have the chance to lead again in supporting essential workers by extending public health emergency leave to make material difference in their lives. when a local or statewide public health emergency is declared, public health emergency leave would automatically become available to use if you are sick, need to quarantine, need to take care of a family member due to the militiaing, or can't work because of the emergency. it would provide two full weeks of additional paid leave without needing to be accrued. and would replenish annually. we have expanded on the emergency raw to cover city workers and to cover public health threats of wildfires during unhealthy air quality days. this would be available to those

who work outdoors. and we carefully crafted this policy to strike a balance between protecting public health and workers and protecting our businesses. following months of engagement with employers, while legislating the original emergency ordinance and many weeks of additional engagement with labor and employer groups for this measure, in committee we made a series of amendments to narrow the air quality emergency uses to make this policy more amenable by the board of supervisors and to align it close we are the extension of statewide covid leave and to include offsets so we're not duplicating the hour requirements of that or other forms of expanded paid leave during future emergencies. in addition, this law entirely exempts businesses with fewer than 100 employees. there is no small business that will be impacted by this whatsoever. and we have also exempted social enterprise nonprofits like goodwill and the ymca.

i want to thank the sf labor council and building and construction trades council for their partnership on and strong support for this ordinance. and i also want to thank jobs such as justice san francisco and chinese progressive association for their input and the employer groups who have worked with us through the legislative process. i want to thank deputy city attorney lisa powell and the legislative aide edward wright for all their work on all the versions of this policy. foinlly, i want to thank the entire board and mayor breed for your support for this policy as an emergency measure. and especially my co-sponsors for this initial ordinance supervisors chan, ronen and preston. so thanks again, colleagues, and i urge your support in moving this important measure forward to the ballot in june. >> thank you so much, supervisor mar. seeing no one else on the

roster, we will take this item same house, same call. without objection, this is approved unanimously. madam clerk, let's go to the 2:30 special order recognition of commendation. >> yes, mr. president. the 2:30 special order recognition of commendations is for meritorious service to city and county of san francisco. >> president: thank you so much, madam clerk. we have three supervisors who will be doing in roll call starting with roer peskin. >> thank you,, president walton, colleagues. we all enjoyed the lou nar new year parade and after taking a yearer and i wanted to use today's special commendation

moment to celebrate something that i think you all have been given, and if not, i will give you. don't worry, below the gift limit. copies of this coloring book. i am sure maya will enjoy it. and to thank and celebrate the woman who made this coloring book about and about who is actually not from san francisco. she is actually from west berlin, germany, by way of florida. and in west berlin, i think it was and the separation that the wall represented to push her to travel the world. after graduating, she became a flight attendant and saw the world that way, and later on on her own, she is a very adventurous soul.

and traveling has been a huge part of bebe's life and she wanted to find a way to share her experiences with others both as a photographer and then by making these coloring books. she has a series of them called culture to color. most recent and worked with chinatown community and published this book from fortune cookie factories to the dragon gate on grand avenue, follies and seniors doing tai chi and each page really captures the spirit of san francisco's choy thattown. i wanted to thank ms. leblanc and urge and find it at culture to color and thank you to the

merchants for everything that you have done in the bodily injury and new year's celebration. chinatown is bank. >> thank you, supervisor peskin. >> ms. leblanc? >> yes. can you hear me? >> yes, we can. >> hi. thank you for having me here today. let me adjust the camera a little bit. i am the founder and author of culture to color. we create and publish high-end informational custom and one such destination you just saw from about san francisco and chinatown. i would like to send a special thank you to betty louie for trust in us and the vision for the community in commissioning

this book. they commissioned me to do this bobbing about a year og and it's been an honor to work with betty and a privilege to be welcomed to the chinatown community. i have enjoyed the chance to learn about the history and unique community and to get a look behind the scenes, so to speak, to hear people's stories and make new friends and during my many visits to chinatown. and i will go cultural to color to crow yate colors books to inspire and empower people to travel and from the paper and from the comfort of their home and using the books as a guide for real life travel. with this chinatown book you can do either. and betty's vision was to bring people back to chinatown after

this challenging time. and i wanted to thank her and the foundation especially you for having me here today. and the books are available in china and the chinatown stores, too. >> president: thank you so much. congratulations. thank you, supervisor peskin. supervisor preston. >> thank you, president walton. and colleagues, today it is my pleasure to offer commendation to dr. kathrin james on the occasion of the recent retirement. dr. james has served the people of san francisco as a family physician and the department of public health for the past 27 years. dr. james was born and raised in chicago, the youngest of six kids and the daughter of a tuskegee airman. she moved to san francisco in

1986. after completing her medical training at ucsf and san francisco general, in 1997, she became a staff physician in the phil more caring for families and people living with h.i.v.. dr. james became the medical director in 2006 overseeing all aspects of patient care and community engagement. she and the staff formed long lasting relationships with neighborhood schools and community institutions. in 2008 the board of supervisors committed to creating the healthy san francisco program. dr. james and her staff doubled the number of patients they cared for to insure the success of the historic commitment the city made to care for the under and uninsured. in 2014 dr. james was named chief medical officer for primary care of the san francisco health network.

as chief medical officer for primary care, she supported the medical directtors of the department of public health 14 community-based clinics to provide high quality and culturally appropriate care to the 70,000 primary care patients served in our system. dr. james also worked to diversify the phi kigs work force and hiring and providing providers of care to care for the diverse patients dph serves. dr. james has mentored scores of students of color to create meaningful experiences for them in the health senters and encouraging them to consider careers in health care. she is also meant towards countless staff and the colleagues describe her as someone as the first person to volunteer when there was a need, someone who made the time and sacrifice to help others. and she is described as incredibly inspire spiring, selfless and committed to caring

for others in whatever situation she is in and looks out for the most mortgagealized and the voices who are stifled, patients and staff. and she leads through her service. we are deeply appreciative not just for the decades of service and in particular for her work and throughout the pandemic. as a clinical medical director and chief medical director, dr. james was always problem solving and the first to volunteer to take on more. she was the first to swab patients for covid-19 at laguna honda. first to open the community-based covid testing site in march of 2020 and the first to volunteer to bring covid-19 vaccines to seniors in the western edition and filmore community. i want to know in particular the challenges throughout the pandemic not just due to the staggers need and the community health crisis, and the fact that

the team was in temporary quarters in a modular makeshift clinic throughout the pandemic. and despite this, they made it work in no small part thanks to dr. james' leadership. i was pleased to join dr. james at the reopening of the permanent home. and i was not surprised to learn after i learned of dr. james retirement that she intends to continue serving the community during her retirement and plans to volunteer in the dph tattoo removal clinic where people leaving prisons and gangs can have tattoos removed at no cost. and supporting general family physician and medicines in the training. i sincerely hope she also takes a break because she certainly deserves one. but i do want to just thank you, dr. james, for your care and compassion, for your leadership, for your decades of service to

the community of san francisco, and specifically for your service to the filmore community. today on the occasion of your retirement, it is my pleasure to honor your service with the certificate of honor from the entire board of supervisors. i am looking forward to presenting it to you in person soon. i understand we have dr. james on the line to make some remarks. thank you. >> thank you so much to all of -- to supervisor preston and your team. i am honored by this recognition and truly working with the department of public health and has been my great honor and privilege. and in honoring me, you honor the team at the department of public health and without your support, we would not be able to do the great work that we do, and we have such a committed,

talented team. and who really stepped up during the pandemic but step up every day to care for the patients. it is the commitment of the board of supervisors and the mayor that makes this possible. every city in the country does not have a highly skilled, highly functioning health and we do in san francisco and i am so proud to have been a part of thatened a look forward to continuing to make some kind of contribution during my retirement, but i am deeply appreciative of the way the board and the mayor supports the work we do in the department. and it is meaningful to the community and to all of us who do it. thank you, again. [applause] thank you for your work, dr. james, and thank you so much, supervisor preston. and all right. we have supervisor stefani now.

>> thank you, president walton. i am proud to commend sophia navaro for her work with planned parenthood and for northern california and she was responsible for the oversight, development, and implementation of the overall vision for the case management and education and public affairs department. through her work at planned parenthood, she served over 50,000 youth, teens, parents and adults annually through direct medical care, education, and advocacy. and she was instrumental in shepherding the new san francisco flagship health care center to completion. and this health center provides essential and comprehensive reproductive health care and education and outreach services and san franciscans. she sits on the board of the street level health project and

oakland-based grass roots organization dedicated to improving the health and well being of underserved urban immigrant communities in the bay area. the work to insure that women and families in northern california have access to the best medical care possible has been absolutely invaluable. as today is the start of women's history month, i can not think of a better woman to highlight right now given how hard she has fought for women and the reproductive rights especially given the threat all over the united states that we are facing. your work has directly impacted the lives of so many women in san francisco and beyond. i want to thank you for all that you have done for planned parenthood of northern california. i know your fight on the issue wills continue and especially for working so hard to bring a clinic to district two. unfortunately, sophia is moving on and i wanted to be able to recognize her incredible work with planned parenthood and with that, i would like to turn it over to sophia.

>> thank you so much, supervisor stefani. i really just want to take time to thank you, thank your staff, for all the support and that you provided to myself and planned parenthood and northern california that we had a successful transition to the district two area. and again, thank you, all. and thank you to the board of supervisors for your support of planned parenthood, northern california, especially as supervisor stefani mentioned, this year is definitely one where we need all the support we need because of the threat to roe v. wade. thank you. i will continue to be an ally and am working at the city of oakland and managing the work force development and continuing to do the good work but in a different scope. and thank you so much for the commendation and really appreciate your support. >> thank you, sophia. and congratulations. i do want to say congratulations

to all of the honorees. and thank you to supervisor preston, peskin, and stefani and one day very soon we will be able to honor the honorees in person at a regular board of supervisors meeting. but congratulations and thank you to everyone for being here this afternoon. madam clerk, let's go back to items 24 and 25. >> mr. president, i think we will ask for a 3-minute recess, mr. president. the bridge line might not be connected. we just want to make sure. >> thank you so much, madam clerk. we will take a 3-minute recess due to technical u thank you so much. we will reconvene. please call items 24 and 25

together. >> item 24 is a motion to order submitted to voter at the election to be held on june 7, 2022, an ordinance amending the refuse collection and disposal ordinance, to restructure the rate. set in process to replace hearings before the department of public works with a requirement that the controller as refuse rate administrator regularly monitor the rates and appear before the refuse rate board. to recommend rated a justments, accomplish an rate payer representative to replace the controller on the refuse rate board, to authorize the board to set commercial rates and require applicants and permits to demonstrate the ability to avoid disruptions in service among other requirements. 25 is the motion on june 7, 2022, and or and in amending the refuse collection and disposal

ordinance to restructure the rate process and the requirement that the controller as administrator regularly monitor the rates and appear before the refuse rate board to recommend rate adjustments, establish an appointed rate payer representative, to replace the controller on the refuse rate board, to authorize the board to set rates and require a competitive process for exist and future collection permits, to authorize the board of supervisors on recommendations of the refuse rate administrator, board, and mayor to amend the ordinance by eight-vote supermajority i and fully codify the refuse ordinance in the health code. >> thank you, madam clerk. supervisor preston? >> thank you, mr. president. let me thank the board of supervisors for their support in this long endeavor and the

co-sponsor and thank controller ben rosenfield who stepped up and help the policy and ultimately to adopt come june and in stepping up to actually become the new rate administrator to oversee in the city and county of san francisco. i want to thank the city attorney's office and the many people who participated in the internal city working group. from the city administrator's office and department and brad benson and port of san francisco and who long ago was the ordinance as well as all of the members who participated in the

larger public working group that range from the teamsters, laborers, tenants union and the list goes on. and the list is the first major change to the ordinance and 90 years since it was adopted in 1932 and while the 1932 ordinance was trained and arguably worked for a number of decades, and we are all painfully aware that with the last rate making and the process was fundamentally broken and where the sordid detail of then public works director who was the 1932 ordinance decision

maker and set the rates that we know is twice as high. and not 5% and twice as high as they ought to have been. . the residential and golden gate disposal and and receives a rebate. and totalling $94.5 million and the city attorney's office for settling that matter and more money on the table. and i want to acknowledge and thank the controller who has continued to pursue that and albeit the college was initially less than forthcoming in

providing the documentation to prove that there were additional tens of millions of dollars with charges. what was broken here? it wasn't just that muhammad nuru was corrupt. and it speaks to a much larger systemic corruption that has permeates this entire government. the entire government was either being complicit or being corrupt. and i think we only just begun to see it and only begun to

disrupt it and behested payments and are what bought the silence or complicity of many, many people in this government. from previous members of the department heads and regulatory authority and say it again today at the department of public works and i have said it before and said it again today. this is an object lesson in what happens when you let a company throw money all over town and get cozy with the controllers. and the rate setting process

that is before us today and that we are going to put before the voters in june is a fantastic fix. but we also have to stamp out this kind of quid pro quo corruption in our government. and let's talk about it. it was all laundered through behesteds. it went to the parks an alliance so it could go to all of the favorite things which, by the way, weren't all bad things having acknowledging the multimillion dollar government and it went to third parties like the friends of the environment. and ecology and tens of thousands of dollars into the parks alliance that ended up at

the rec and park department. and further buying silence and furthering complicity. and pacific gas and electric did this for decades in this government and to this government buying complicity or corruption. this is a major stain and embarrassment. i think this can ordinance gets it right. and it made its money and became one of the largest garbage companies in the united states of america and off of the mother load, off the cash that was generated here. and that is what allowed them to expand and expand and to give

money to every single thing under the sun that every supervisor and department head and mayor wanted. and that is how they got away with all this all these years. after the allegations and not allegations, but after individuals within that company were charged by the united states of america and indicted by the department of justice and they got a new c.e.o. and a new board of directors, their behavior did not change. as a matter of fact, they had the hutspah to go out and attempt to actually get their own signatures for their own ballot initiative. i was quite perturbed about it at the time and remain perturbed. thankfully they saw the light. it was a brutal political light. and i want to thank the mayor for sanding with me and this board of supervisors in repudiating that kind of

behavior. they have been slow to cooperate with ben rosenfield, our controller, in producing what they should produce relative to the questions that we're asking about additional overcharges. and this is a reasonable ordinance. this ordinance does not send them packing and indeed, they provide relatively good service, although it could be cheaper. this ordinance creates a very, very good regulatory rate setting oversight process. and it leaves the possibility that this government by and through the new rate strart administrator, the rate board, and the board of supervisors and mayor can change this process without going back to the ballot. if we want to put it out to competitive bid, that option is there. and if we want to municipalize

that option is there. and i think that's very important because i want to invoke a former member of this body, quentin cop, who is famous if not infamous, for going to the voters repeatedly to ask them to change the 1932 ordinance, and repeatedly ricology buried the efforts in a tidal wave of money and wine. this time i think we've got it right and because it is under a deferred prosecution management agreement with the united states government. and i don't think they are in a position to bury this with a tidal wave of money. and let us spend the next 99 days between now and the june election in getting this thing passed. i want to thank each and every one of you for your help and support and particularly the controller's office and deputy

city attorney. with that, colleagues, earlier today, i filed to remove the two measures that were put on the ballot without going to the body pursuant to the charter provisions that required four more supervisors. thank you to those who joined that effort. and item 25, i am going to make a motion to table and item 24, i am delighted the truly a consensus measure. again, i make a motion to table item 25. >> second. >> thank you so much. motion to table 25 seconded by supervisor safai. supervisor safai. >> thank you, mr. president. just want to take a moment to thank supervisor peskin. sometimes i give him a hard time for the work he's done in this building and what he puts the energy toward. but it is all in good fun. and today i want to thank him

for the hard work he's put into this. and as he cited, this is not an easy task to take on. the cloud of corruption that hung over the city and emanated from multiple departments and one in particular that had an inherent complex, and i think one of the things that i want to thank the supervisor and for your hard work is really tackling the inherent conflict that was embedded into the rate setting process, that was embedded into, as you put, some of the behested requests that came through multiple departments and multiple city agencies and how separating those. there is nothing we will ever do that will be able to absolve any city government from any inherent desires and the public in those that want to try to be corrupt to be corrupt, but this

step here today is a strong step forward and a positive step forward. it is a positive opportunity for the city to reset itself. and to move forward in a positive light. the work they have done over the years with our department of environment have been trend setting in terms of the goals toward achieving environmental objectives in so many ways in term of recycling, composting, and in terms of the longer goal of achieving zero waste. that should not be lost. but what supervisor peskin pointed out is they spent a lot of that goodwill over the years infusing into a system inherent conflict and corruption. and that's what was wrong. and this consensus measure that we have in front of us today where all sides have come

together and we have the ability in the future and with the supermajority of the board to make the amendments. that is the positive step and that allows us in the future for adjustments to be made and not have this fight and go back to the ballot. and i want to thank supervisor peskin for the mayor's office for coming together and all the parties at the table to make this a good measure and make this city a better and more forward thinking. thank you. >> thank you, supervisor safai. madam clerk on the motion to table item 25 first. [vote on item 25 to table]

there are 11 ayes. >> thank you so much. the motion to table item 25 passes unanimously. madam clerk, please -- actually, we can take item 24, same house, same call. and without objection, this motion is approved unanimously. madam clerk, let's call item 26. item 26 is an ordinance to waive the condition and ordinance numbers 33-19 and 169-19 that require the san francisco unified school district to repay the city a total amount of approximately $26.6 million using revenues from the voter approved parcel tax in june

2018's proposition g and rescind the direction in the ordinances to the controller to transfer funds from accumulated balances of proposition g revenues to repay the general fund advances. >> thank you, supervisor ronen. >> thank you. keeping the fact to face the $125 million budget shortfall that will continue to deepen due to join us going structural budget challenges and the mayor and i introduced this legislation last november and with 26.6 million alone if the district adopted a comprehensive multi-year plan to stabilize the districts and the budget that implemented that plan. and last december the board of education approved the deadline imposed by the california department of education to address structural deficits and moving mayor breed and my plan forward to forget this loan and the public schools are

chronically funded right here in san francisco and throughout the state. it is one of the great embarrassments of california and the city government has stepped up time and time again and continue to do so and also expect additional support from the state and leadership and hopeful that the city, board of education and can work together to move the students, educators and families and at the center of the decisions. i courage this support so the district is better positioned to help the student, family, and educators succeed. >> thank you. and i don't see anyone on the roster. so we will take this item, same house, same call. and without objection, this ordinance is passed on first reading unanimously. madam clerk, please call the 3:00 p.m. special order. >> an items 28 through 31

comprise the special order for a public hearing of persons interested in the determination of exemption from environmental review under the california environmental quality act issued as a common sense exemption by the planning department on september 8, 2021, for the proposed project at 2000 oakdale avenue to establish a new cannabis retail store front within an existing cannabis micro business. item 29 is the motion to affirm the planning department's determination that the proposed project is exempt from further environmental review. item 30 is the motion to conditionally reverse the department's exemption from further review subject to the adoption of written findings of the board in support of this determination. and item 31 is the motion to direct the preparation of findings reversing the department's decision. >> president: thank you so much, madam clerk. colleagues, we have before us a hearing on the appeal of determination of exemption from the environmental review for the

proposed project at 2000 oakdale avenue. after the hearing t board will vote on whether to affirm or conditionally reverse the exemption determination for the proposed project at 2000 oakdale avenue. out joks, we will proceed as follows. up to 10 minutes by the appellant and public comment two minutes per speaker in support of the appeal. up to 10 minutes for presentation from the d planning department. then up to 10 minutes for project sponsor. public comment, two minutes per speaker in opposition to the appeal. and finally, up to three minutes for rebuttal by the appellant or the representative. and i don't see any objections to proceeding this way. and seeing no objections to how we will proceed as indicated, this hearing is now open. .

madam clerk, i believe we will first hear from the appellant. i apologize if i mispronounced your last name. >> not a problem, mr. president. can you hear me is the main question? >> thank you. and good afternoon, mr. president, members of the board of supervisors. my name is mike lozo and i am here on behalf of the appellant and owns across the side street and the project and the properties currently rented out quite a number of people are employed there and use the sidewalks and streets adjacent to the facility. the project at issue is a proposed retail manufacturing distribution and storage, i

guess, as well, facility for cannabis retail. some of the rooms will have cannabis that won't be sealed and packaged and expect the retail area will be, but in terms of the manufacturing and things like that, and it will not be sealed. it would be open at times. my client expressed significant concerns about odor effects on the adjacent and surrounding neighborhood. the planning department has relied on the common sense exemption under the california environmental quality act to claim that there is no ceqa review to address this significant odor concern. the common sense exemption requires that the city can show with certainty that there is no possibility that the activity in question may have a significant effect on the environment. only if you can show that does the common sense exemption

apply. and the burden of demonstrating this is on the city. it is not on my client. the city has the burden to demonstrate and there is no possibility and of the odor impact in this case. the duty to provide factual support and the proponents of the project, such as my client, at least as it is currently configured have raised arguments of the possible environmental impacts and committed the comment from the industrial engineer and hygienist who has prepared comments outlining a detail with the appropriate mitigation plan should be to control odor and indicating that there is certainly a possibility that there be significant odor impacts outside the facility. it is not our burden again to produce substantial evidence here in the absence of any

evidence provided by the city supporting the exemption determination. the planning department has argued that the burden is actually on us. the showing that we have is flight since the exemption requires the agency to be certain there is no possibility that the project may have a significant impact and all we have to do is raise legitimate questions which are experts report does. and also just emphasize that the exemption of the common sense exemption and should be reserved for those obviously exempt projects. and the other important thing to keep in mind is when you look at the common sense exemption and under ceqa, the city can't take into account mitigation measures. no mitigation measures can be considered in deciding whether to adopt an exemption. the city has to decide whether

the project is eligible for the common sense exemption as parts of the preliminary review of the project without projects and on the proposed mitigation measure. and relying on some well known cases as well as salmon protection, watershed network, and that's been around for quite a while. and whether or not there is a future odor control and judiciously factor into the common sense exemption to ceqa is applicable. and for this reason alone is the expert is provided evidence that there may be significant impact with the common sense exemption can be applied because the city has not produced anything to say that that's not true. and is an expert and already written that down and presented it to the agency. and anyway, there is no odor

control plan at all committed by the applicant. and sense the planning department had no evidence of how odors would be controlled by the facility even if they could take this into account. and our expert identified the mitigation efforts and including maintaining negative pressure on the room where is the cannabis product wasn't sealed and implementing the properly sized ventilation system. installing properly sized active carbon filters within the exhaust pipes and flow rate through them and guarantee minimum contact time between the air with the odor in it and the active carbon filters and various logs to make sure that both the staff and hopefully

interested interested neighbors. the only indication of what types of odor controls would be implemented by the facility was the odor control plan prepared for a facility in oakland caused breeze distro that was an outline of a plan and there is no no ventilation, no carbon filters, and no logs listed on it of any sort. it is a very bare bones of an example in oakland that our expert review and obviously didn't come close to eliminating any possibility of a significant odor control. and now in responding to responding that appeal with the discretionary appeals process and with the moment that occurs before granting improoufl and

granting approvals and no ceqa review on the projects being approved and some portions of it. and nor is there any established odor control guidelines for the project. the cannabis ordinance doesn't specify what has to be included in a facilities odor control plan and guarantee the effectiveness and section 1609 and subordinance and sub paragraph 11 operations plan that includes as operation and with the odor mitigation plan and the whole level of detail one gets from the requirements. 1618b says appropriate odor control equipment will be

installed to maintain to prevent the significant noxious or offensive odors. we don't have a plan and no clear requirements what the plan might have and the website for the office of cannabis does mention that one phase of that and with the charcoal event to the outside and ask about other methods to reduce odors on the office of cannabis website and that's all it says. and there is no information that would say there is no possibility that what is planned is insufficient and eliminate any significant odors outside.

and unless they effect a substantial number of people in the appellant's building next door and expectation to go up to 80 and all the folks are using the sidewalk out there as well as everybody else in the neighborhood walking by or living nearby. this is the assertion and is another effort to dodge the requirements. the planning department also has conceded in the response to our discretionary review that planning department is not staffed to review the technical requirements of the odor mitigation plan and end quote and again, that is not the excuse and is not a very strong argument that they know for sure that it won't be odors if they don't have the ability to review even a plan had it been

submitted at all. and as i mentioned, you cannot take into account mitigation measures in order to avoid ceqa, that you can't use mitigation measures to not -- to allow for an exemption including the common sense exemption. and a future unknown process to produce the odor control plan is not evidence that shows with certainty there is no possibility of any significant odor effect from the project and the planning commission is not met its burden to demonstrate the common sense exemption that applies here. >> thank you so much. thank you so much. we appreciate your presentation. i don't see anyone on the roster with questions. and madam clerk, let's go to public comment, specifically for those who would like to speak in support of the appeal. >> as stated by the president, the board of supervisors will now hear public system pertaining to items 28 through

31, the appeal and determination and exemption from environmental review and proposed project at 2000 oakdale avenue to provide testimony, you must connect to the remote call-in system by dialling numb t number at 415-655-0001. when you hear the prompt, enter meeting i.d. 2496 0033 7020. and press pound twice and you will have joined the meeting and hear the discussion. you will be muted but in the listening queue. to be added to the speaker's queue to provide your testimony, that is when you should press star 3 and when it is your turn, the system will send you a prompt. listen carefully for you have been unmuted and begin speaking your comments. and with us are three interpreter from the office of engagement and immigrant affairs. i ask that each interpreter introduce themselves and the instruction and language on how to connect to the remote system.

let's begin with spanish, cantonese, and philippino. welcome. [interpreter introducing in spanish] [interpreter introduction in cantonese]

[interpreter introduction in filipino] >> thank you to all three of you for being with us this afternoon.

as stated by the president, first up to provide testimony are those in support of the appeal of determination of exemption from environmental review for this project. we are setting the timer for two minutes. operations, let's welcome the first caller please. hello, caller. we can hear you. you may have to turn down your television. operations, perhaps we should go to the next caller. >> caller: hello.

i am a san francisco citizen, resident, and voter and i would like to express my agreement with the appellant that the planning department should not be exempt from ceqa review or from an environmental impact report. this law is placed for the benefit of the citizens of san francisco and citizens and voters to care about this and support it. the appellant made clear that the planning department had not done due diligence in order to prove that it would be safe and fair for everyone who lived or walked in the neighborhood. so i just wanted to express my support for that. thank you very much. >> thank you for your comments this afternoon. >> so we have two callers who are ready in the queue to provide the comment and 34 who are listening. if you are one of the 34 and would like to provide comments this afternoon, that is when you

should press star 3. operations, let's welcome the next caller. hello, caller. >> caller: hello? >> welcome. >> caller: [speaking in foreign language] >> before the cantonese caller proceeds, i can give quick instruction in cantonese.

[speaking cantonese] madam clerk, the cantonese

caller wants to speak on actual general public comment, so is item 34. >> thank you so much for helping us with that, ms. lai. we hope the caller will be patient and begin to speak again during general public comment. all right. operations, do we have another caller in the queue please? >> hello, caller, welcome. next caller. all right. operations, do we have another caller in the queue.

and the appeal for the exemption. and to be solved with smoke of any kind. any kind of particulate matter that would be emanating from this establishment and is very difficult for a lot of people with lung disease, asthma, and other diseases and if there was ever a case where the environmental view was necessary, this is it so please do not exempt this establishment from an environmental review. thank you. >> thank you for your comments this afternoon. operations, is there another caller in the queue please?

welcome, caller. >> hello. i am a san francisco voter as well. i just think the city like san francisco should never consider avoiding environmental review. we're supposedly on the cutting edge of climate preservation and helping the environment and the fact that the people are seeking the developers or whomever is seeking exemptions from environmental review, such requests and consideration should be dead on arrival. [please stand by]

>> my name is lauren biehl. on september 8, 2021, the department determined that the project is exempt from the california environmental quality act, or ceqa, and issued a commonsense exemption. the section states that the project is exempt from ceqa as

it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. the appellant states that the project does not comply with applicable zoning requirements for cannabis retail, however, it's located in the pdr-1-b. under this zoning, cannabis is a principally permitted use with no size limits, and this does not affect the ceqa determination. odors typically do not rise to the level of being significant unless they affect a substantial number of people. the proposed cannabis retail

basis at 2000 oak dale avenue is required to comply with the city's cannabis odor mitigation. the project will not receive its final permit until an operation and maintenance plan for the odor -- would not

escape the presence. the cannabis odor control report that has been submitted simply recommends the imposition of odor control measures. odor control measures are already included as part of the normal permitting process for a cannabis business permit.

the facility is a preexisting unauthorized cannabis business, and no odor mitigation has been presented to date. if that site is ultimately legalized, it will also be required to adopt anode or mitigation plan. therefore, any odor mitigation issues is not any requirement of the current location. in addition to the appeal filed on january 5, the planning department has [indiscernible] on february 11 and determined that no new information was brought forward that hasn't already been addressed by the department's appeal response. therefore, the planning department respectfully recommends that the board up

hold the commonsense presentation and reject the appeal. planning department staff are available to answer any questions you may have. thank you. >> president walton: thank you. i don't see anyone on the roster, so now, we will allow the ten minutes for the project sponsor to speak. i think you're on mute. >> good afternoon, president walton and board of supervisors. thank you for having my team here today. a little bit about myself? my name is tiara mitchell, and

i'm the cochair of this retail location. i'm a second generation resident in san francisco, born and raised in the bayview-hunters point. the bayview is my community, and to have a business in the area that i agree up with and to share with my community and family is a dream come true. our team is led by strong, experienced women of color with over 25-plus combined years in the cannabis industry. we plan to bring workforce development programs to the bayview district, affording equity applicants opportunities in the cannabis industry, as well as providing show space for equity entrepreneurs to get their cannabis product on the shelves. we have hosted three community

meetings, and we have met with the bayview-hunters point citizen advisory committee, who is in support of our project. we have also collected 40 letters of support from our neighbors and have had dozens of people call into the various meetings and call in in support of our project. throughout all of our work in the community, the appellant never came to us with concerns during our numerous community outreach and meetings. on december 9, the planning commission unanimously denied

the appeal. the appellant has been able to navigate and abuse the city's resources, time, and money to fight my team. we have also met with the appellant three times since october to resolve his issues. unfortunately, his demands also included a cash settlement remains nonstarter. i believe being a part of this equity program would keep me protected as long as i completed the task and remain compliant, but as of right now, this program is [indiscernible] people like me when someone can come along and abuse the powers of the system? we have worked countless hours with the planning commission and office of cannabis to make sure we are following all city requirements.

these departments have best practices and municipal codes in place for cannabis businesses regarding odor mitigation. there's a check and balance system already created within the departments to make sure there are no odor disturbances to our neighbors and community. according to files of public health, there are no [indiscernible] we ask that you deny the appeal. thank you. >> president walton: thank you, miss mitchell. i don't see any names on the roster, so we will now invite members of the public who wish to speak in opposition of the appeal, madam clerk. >> clerk: thank you, mr. president. as stated by the president, we

will hear from those in opposition to the appeal and in favor of the project. the number is streaming on your screen: 415-655-0001, meeting i.d. 2496-033-7020, then press pound twice. when you hear the meeting, please press star, three, and wait until you hear your line has been unmuted before you begin your comments. we also have three interpreters present. i would ask them to introduce themselves and state the

instructions in their respective languages: spanish, cantonese, and tagalog. [speaking spanish language]

>> clerk: and thank you all for being with us this afternoon. operations, let's set our timer for three minutes. let's welcome our first speaker, and if you're one of the 43 listening, you should

press star, three to get in line now. welcome, caller. >> hi. my name is judy. i'm not a san francisco resident, but my son lives in san francisco, and i wanted to speak because i was so moved by what the young entrepreneur said. i have to speak on your behalf and how many white entrepreneurs have destroyed this economy, absolutely destroyed it. here we are trying to help

black generational wealth in our city go forward and prosper, and we're going to stop this and ask them to spend more money on something? this just screams racism. you know, let's help these people create what we need to. we know all the systemic under -- like, what they're up again, and just hearing that makes me realize how alive and well something like that is. let's help this family open their business and realize their dreams. those are my comments. >> clerk: thank you for your comments. operations, do we have another caller in the queue, please? >> hello? >> clerk: welcome. >> my name is steven blair, and

i'm a resident of the bayview-hunters point. i am in support of the 2000 oakdale project, and i am in favor of all of the benefits and jobs and opportunities that they will provide. we are a san francisco that --

we've had opportunity attend all of the meetings that they have -- and i don't even know [indiscernible] i'm calling in support of this community and all of the opportunities that they will provide in my community. >> clerk: thank you for your comments. all right. operations, do we have another caller in the queue, please? welcome, caller. >> hi. good afternoon, supervisors. my name is robyn, and i live in

district five. i support the store. i'm also disturbed by the comments that the appellant asked for a cash settlement as part of that. i would want to investigate them for that, if i could. i don't think they should be allowed to demand cash the --

to approve the ceqa appeal. that's extortion, and i don't think we should enable extortionists. thank you. >> clerk: thank you for your comments. operations, let's hear from the next caller, please. >> hi. i'm calling to support the business that's trying to open in the bayview that's led by a young black woman entrepreneur. it sounds like she's being extorted right now. i wasn't going to call in, but

we have to do something about this amount of extortion to disadvantage these people in the business world. i hope that the board would deny this appeal, and i hope that we can reform the process so that appeals like this that are trained to extort monetary concessions in exchange for dropping a ceqa lawsuit, i hope they can not be a part of the process. >> clerk: okay. operations, are there any other callers in the queue? >> operator: madam clerk, there are no other comments in the queue. >> clerk: thank you. mr. president? >> president walton: thank you.

we will have three minutes for rebuttal. mr. lozeau? >> we're the only ones who described what they should be or recommended what they should be when we had our expert prepare that before the permit was issued, so part of the extortion, simply us doing the work that we think the city and the appellant should have done. this is not a preexisting facility, and it's not limited to retail. the proposal is to do manufacturing, it's distribution, storage, other activities, as well, and that's where, you know, clearly there will be some instances in those rooms where the cannabis will

not be sealed, and that's what raises the odor concern. the planning department basically said they don't know what problems exists, and our expert concluded that where adequate odor mitigation measures are not incorporated into the design, there's no knowing what environment will be created. in terms of whether there's any complaints of any other locations in the city, there's no evidence supporting that

assertion. we did mention the one down the street, which is an older facility, but you can smell it quite a few blocks. that one is not exactly like this one. it will be a new facility. we expect the see would be able to do a mitigated negative declaration, which is the only place you can [indiscernible] thank you so much. >> president walton: thank you so much, mr. lozeau. this public hearing has been held and now filed, and we will consider whether to affirm or conditionally reverse the permit for the project at 2000

oakdale avenue. i don't see any colleagues in the queue. over the past couple of weeks, my office took the time to hear from the appellant, to hear from the project sponsor, to check in with planning so we could hear the concerns, of course, from all parties and hear from planning. at our last meeting, we did call for a continuance to allow for the appellant and the project sponsor to have some time to meet to try to come to a resolution, and that meeting did take place last friday. after conversations with my office and the appellant and the project sponsor, and, of course, hearing the facts from planning, i am comfortable with

upholding the decision from the planning department it can be seen with no possibilities that the project may have a significant impact on the environment. the appellant has not determined that the determination is not supported by substantial evidence in the record. odor permits are a part of the planning process, and so colleagues, i would like to make a motion to affirm the exemption determination for the proposed 2000 oakdale avenue project by approving item 29 and denying item 30 and 31. is there a second? seconded by supervisor melgar. madam clerk, on the motion. >> clerk: on the motion to

approve item 29 and table items 30 and 31 -- [roll call] >> clerk: there are 11 ayes. >> president walton: without objection, item 29 is approved, and items 30 and 31 are tabled. colleagues, thank you so much. madam clerk, let's go back to item 18. >> clerk: item 18 is an ordinance amending the planning code to revise massage establishment zoning controls,

to affirm the ceqa findings and general findings. >> president walton: supervisor mandelman? >> supervisor mandelman: thank you, president walton. i would ask that deputy city attorney pearson make her presentation on this item. >> ms. pearson: thank you. deputy city attorney ann pearson. during the long journey, the original legislation, again, was passed by the board and now has gone into effect. the document that is before you shows both the amendments that have gone into effect as well as the new ones that were passed in committee, so we have simply proposed to add some nonsubstantive language that

would not be codified. >> supervisor mandelman: thank you. i would make a motion that we vote on the ordinance. >> president walton: thank you. do we have a second? seconded by supervisor preston, and i believe we can take that same house, same call, so on the motion to amend, that is approved unanimously without objection. and on the amended item number 18, we will take that same house, same call, and without objection, this ordinance is passed on first reading

unanimously. madam clerk, let's move to item number 27. >> clerk: item number 27 is an ordinance amending the family friendly ordinance, that employees shall be permitted a flexible or predictable working arrangement unless such an arrangement would cause an employer undue hardship, requiring employers to engage in an interact tiff process to find a mutually agreeable flexible or predictable working arrangement, strengthening phonerment of the ordinance, and making other changes. >> president walton: thank you. supervisor chan? >> supervisor chan: thank you, president walton. colleagues, this is an update to an ordinance passed in 2014. this was the first law to ask for employees to receive

flexible scheduled to care for family members. this fundamentally requests the law from a request to a requirement between employers and workers. is in the business community, i was asked who are we doing this legislation for? and let me be clear, the people we are doing this for are really the parents and families in san francisco. we know that flexibility is needed with 80% of a family with children under five year old are in san francisco. we know that 32,000 san francisco workers live with elderly family members, and more and more of these workers are what we call sandwich

generation caregivers who have both responsibilities caring for their children and for their elderly family member, and we also have heard about the needs for support and technical stance for both employees and employers. ultimately, when an employer and the employee can have a continuing dialogue about an adapted work schedule, be it, you know, a flexible working hours or perhaps in a physical space, perhaps, you know, teleworking, ultimately, there are benefits all-around. it helps boost employee morale and job satisfaction, and employers see greater employee retention rate, lower turnover, and greater productivity. one of the conversations, it's also about predictability of schedule. it may seem counter intuitive

when you say let's talk about a flexible work schedule, but you can work to accommodate, you can work with a flexible schedule, that actually creates predictability for working schedule. we know that we're operating under the belief that employers want to make this work, and there are some employers that this cannot be worked out, but

really, ultimately, again, we want them to have a conversation whether it can work or not, so we've gone out of two years of a global pandemic where we've figured out how to make almost everything work; that we all have figured out how to use zoom and teams and unmute yourself and zoom in and out. ultimately, we believe that rk woulders can and will go back to work if they have the flexibility to care for their families. now is the time to continue to make progress, not take a step back. colleagues, for some of us, last couple years been through a lot. we have family members that we need to care for, be it kids or elder families, we have our teams to be there to have flexible working schedule, and it is -- to provide that level

of support that many workers deserve, and this is our moment for equitable recovery, a paradigm shift for workers. if we say we fight for our right, this is our moment. i want to thank my colleagues for your cosponsorship. i also want to thank our partners who are going to do some of the hard work to draft and continue to refine this legislation and update employers and workers to the updates on this law. colleagues, i also know you have heard from the business communities about their concerns.

colleagues, here is my commitment to you and to the business community today. we are going to move forward with this legislation. in the event we have identified challenges that we can pinpoint, i am committed to work with the employers and the workers to find out how to work around that law. but i do have two amendments that i hope we can adopt today. first, we're correcting an internal citation, and the change is on page 12, line 12, and secondly, we're adding language at the suggestion of the small business commission to add more specific language around technical support and outreach information,

particularly outreach in more languages. these changes have been circulated to you electronically from my office, and i hope that i will have your support today. it is also my understanding that, from the city attorney's office, i think our -- ann pearson can state that these are nonsubstantive, and we can vote and move on those today, and i would love to vote on these and have your support. >> president walton: thank you. do we have a second to the vote to amend? thank you, supervisor mandelman. supervisor melgar? >> supervisor melgar: thank you, president walton. i just wanted to say a few things. i was an early cosponsor of this legislation, and i want to thank you for thinking of

caretakers, and people who are responsible for others, which, in our society, are still overwhelmingly women. you know, before our pandemic, workers in our city saw less disparities, and there are workers who work three, sometimes even four jobs, doing back breaking work, cleaning hotels, offices, taking care of children, and a lot of them look like us, myself and supervisor chan. some folks were out there to

work from home, wearing sweats, and some people were out there, doing the work. i know this legislation is fairly modest. i know that attracting staff is hard, and when you have dedicated staff, you tend to be flexible to make sure that they stay. we are seeing staffing shortages everywhere, and the employers are already doing a lot of these things. we are asking them to be consistent and documenting -- yes, it is a new way of looking at this issue for sure. i trust that supervisor chan will stay on it to ensure that the implementation will work, but i think that this is long overdue for the folks who take

care of others, but i think that flexibility is imperative to everyone, and i think it's a first step to creating a more equitable workplace. thank you, supervisor chan. thank you, president walton. >> president walton: thank you, supervisor melgar. supervisor stefani? >> supervisor stefani: first of all, i want to say thank you to supervisor chan for this legislation. i absolutely share in your goals for ensuring that workers are adequately supported through family friendly policies. it's something that i've benefited from, that i've been very grateful for, and something that i know is very necessary, and i absolutely commend you for that work. obviously, we know that we've had some small businesses bring

some concerns to the forefront, and i hope we can have a conversation without -- i'm only bringing this up so i can discuss what i'm hearing. it's not to criticize you in any way or the things that have been done, because like i said, i support this legislation. i am concerned, you know, when i think about small businesses, a lot of people i know, their businesses and their families, they're struggling, as well, and they're still not recovered from the pandemic, and i think we do owe it to listen to them, and that's not to saying that you aren't. i just know that last month, the controller's office reported that last month, new business creation was down significantly, and that we're lagging in other areas. so that concerns me, in addition to the very important priority of family friendly policies, again, that i do support, and i am just wondering if there's any way -- you know, and i respect your

optimism, really, honestly, in terms of being able to deal with any unintended consequences or with any -- you know, with any repercussions that may come of this legislation that may actually hurt small businesses. i guess i'm a little bit skeptical on that in it it -- in terms of whether we could actually pass anything that could technically deal with those issues. i don't like to do this at the board last minute, but this has come up a little bit last minute from the concerns that i was hearing. i was under the impression that there might be some amendments that didn't touch on their concerns. i felt the obligation to raise the concerns of the small business community and ask for at least one week. if there's an urgency to this that i'm not seeing -- obviously, we know it's urgent

to protect our families, but if there's any way, in one week, that we could address some of these issues. there's about six major concerns that they have identified, that also that the small business commission has mentioned, as well, but it would be my request to continue this discussion so we don't have to have the discussion, if we could have one week to just address some of these issues, i think it would mean a lot to the small business community, and i think it would add to the

success, and as i said, i would support it, but i would like to see if i could make a motion to continue it for one week to address some of these issues. >> president walton: is there a second to that motion? seconded by supervisor mandelman. supervisor chan? >> supervisor chan: thank you, president walton. i will not be entertaining, and i would not be supportive of a continuance, and let me explain why. it's given that reason that we actually have a hearing in the very same committee of the youth and young families committee in last year july. this legislation has actually been a work in project and introduced in december of last year, and because of the understanding of they're required to have a discussion, we did not try to -- this has not been a legislation that we tried to jam it through. like, there was -- none of that

was -- legislative tools was not used, actually utilized. we did not wait for the 45 days. we actually waited more. we waited for the small business commission to schedule, and they did not. we patiently waited through february, and they did not. i have e-mails and phone calls to chamber that did not even return my call until the morning of the committee hearing two weeks ago, which then, we also again say we have two more weeks before it actually come before it was a long weekend. all of these things, as i said, did not come until today. if i may say, we have all been through negotiation and this is not what negotiation in good faith looks like. this looks like halting

legislation or not negotiating in about faith. i know that supervisor stefani did not, but if i could walk-through each of the reasons, if i could. they want to increase the limit from 20 to 100. we have noted no significant impact of that definition for small business. they have also talked about -- what else have they talked about? [indiscernible] for any of us who have been through a labor dispute, they know that labor dispute takes longer than any

of us would wish, and that there's also definition for teleworking, and let me also say that this has actually been in the work for many different other ordinances, that the office of labor standard enforcement has been using. again, around the definition of undue hardship for businesses also is a definition that we took from the [indiscernible] legislation that this board had in 2014. not only the legislation is modest, the first step, but all these definitions have been actually agreed upon between

our predecessors, our colleagues still on the board, which is supervisor aaron peskin. all of these have been discussed with the business community. it's the reason why i will not be entertaining a continuance. i will be urging your move this forward, and if you have a change that's significant, let's go ahead and support that. >> president walton: thank you.

supervisor chan. supervisor mandelman? >> supervisor mandelman: i had some conversations with supervisor chan's office this morning and learned that, you know, buy rite, which is an important small business in my district, and wrote a letter of support and felt that the amendments that the supervisor had made are good, but i think it would be beneficial to give people that week to have those conversations. i don't think the board is going to move, and i don't know that i would necessarily even support any particular amendments, but i think it would be good to have that conversation over the next week, which is why i'll look for it.

thank you. >> president walton: thank you, supervisor mandelman. supervisor preston? >> supervisor preston: thank you, president walton, and thank you, supervisor chan, for your leadership on this, and i share the frustration of getting opposition letters like this at the last minute. i would say that the main e-mail we got at the last minute, i've actually heard positive feedback consistent with what supervisor mandelman just said from small businesses in my district, including buy rite, that were able to engage with supervisor chan, and while they had concerns at the start, they are in support, or certainly not in opposition. so i wouldn't want to have this hearing create the impression that the small business community is opposed to this

legislation. in contrary, i think there's a lot of support from the small business owners. i think there is clearly opposition from the chamber of commerce. i also think it's an emergency. i think it's worth stating that this is -- you know, there are effectively, there currently are employees who are in need -- who have basically an unenforceable right, and i think that creates a certain urgency for the board to act. these are protections and there's very little recourse if an employer does not engage in good faith while carving out a hardship exception, so very much appreciate supervisor chan's leadership and work on this and engagement with

stakeholders. my suggestion is -- this is a first reading. it'll be back in front of us in a week, i don't want to speak for supervisor chan, but she's been quite willing to accommodate stakeholders before, and we could do that this week, and i thank you for allowing me to speak, but i won't be supporting this motion. >> president walton: thank you, supervisor preston. we do have to hear the motion to continue first made by supervisor stefani and seconded by supervisor mandelman. madam clerk? >> clerk: on the motion to continue by supervisor stefani and seconded by supervisor mandelman -- [roll call]

>> clerk: there are three ayes and eight noes with supervisors mar, melgar, preston, peskin, ronen, safai, and chan in the dissent. >> president walton: thank you. and by a vote of 8-3, the motion to continue fails. madam clerk, we also have a motion to amend made by supervisor chan and seconded by supervisor mandelman. >> clerk: on the motion to amend item 27 -- [roll call]

>> clerk: there are 11 ayes. >> president walton: thank you. and motion to amend carries unanimously. madam clerk, roll call on the amended item 27. >> clerk: on item 27 as amended -- [roll call] >> clerk: there are 11 ayes. >> president walton: thank you, and without objection, this ordinance is passed on first reading unanimously. madam clerk, we are now at item number 32. >> clerk: committee report. item 32 was considered by the land use and transportation

committee at a regular meeting on monday, february 28, 2022, and was forwarded as a committee report. item 32 is a resolution to urge the planning department, in pardon nership with the mayor's office of housing and community development or other agencies, to create a housing development incentive program for homeowners that support san francisco residents to build new housing. >> president walton: thank you. supervisor mar? >> supervisor mar: thank you, president walton. i want to thank supervisor chan and the members of the land use and transportation committee members for their support on this. the goal of the program is to support homeowners to expand

their homes to meet the urgent housing needs of seniors, multigenerational families and moderate income households and workers. it will target low and moderate income homeowners and prevent displacement in rh-zoned neighborhoods. it intends to stabilize bipoc homeowners, support community asset building, and expand affordable homeowner and rental opportunities in these neighborhoods. i also did want to add that this proposed program will be an expansion of a successful affordable a.d.u. and apartment building expansion. the new program to be created

through this legislation would scale up and expand the scope of the pilot program citywide by going beyond a.d.u.s to include construction and property management. [please stand by]

. >> we have engaged with the mayor's office of housing and community development and the property manager to bring relief to the residents. my office sent a letter in january to human good, which manages the property demanding a 90-day pause on rent increases for the residents at issue, which were set to take effect in february. they responded a week later, denying the request. we then arranged a meeting with

mayor's office of housing, staff to discuss the issue, and to get a sense of exactly how much we're talking about in dispute cumulatively, we learned that, all told, the annual rent increases for this year for the units that are impacted would a total of only $36,000. in order to fund repairs to public and subsidized housing, the city wants to pay the bill by imposing rent hikes on long-term african american residents. we can and must do must. my office has demanded that mohcd work with human good to make sure that residents are not faced with increases in

their monthly rents. a very similar situation took place in mid town apartments. my office authored legislation that passed unanimously in 2020 to ensure residents who overpaid in monthly rent were given rent credits and protected from future rent spikes. the legislation i'm announcing today will help tenants across the board. it's a situation where a resident is moving from a rent controlled paradigm to housing that's subsidized, it would fall under the rent control

ordinance. we intend to pursue a legislative path across the board for the residents of f.d. haines specifically. the mayor's office of housing and community development could correct this if it wanted, and we urge them to do so to stabilize the rent in these units. this, colleagues, is an estimated $36,000 per year issue. that's it. that is nothing for the city's budget, but it's everything for, right now, the ten families facing massive rent increases in f.d. haines. in some ways, f.d. haines is on a good path, identifying necessary repairs, pursuing funding for those repairs, a strong commitment to making

sure that people who are temporarily displaced because of repairs, making sure they can come back in. these are positive steps. we need to invest in rehabilitating our aging housing, especially in district 5, and there's no question on that. we appreciate the work of f.d. haines leadership and the tenants to all work together to get those repairs made, but that should never come at the expense of long-term stability of the residents. as a city, we need to make sure that we fund necessary repairs without causing displacement or housing stability. to reiterate, we remain hopeful that we can work with mohcd to find a legislative solution, but our office will not stop until we find a solution, both for the f.d. haines residents

but also to prevent this from happening elsewhere and support the long-term housing of all san franciscans. the rest i submit. >> clerk: thank you, supervisor preston. supervisor ronen? submit. thank you. supervisor safai? >> supervisor safai: thank you. colleagues, i want to take a moment to report on a matter of the retirement board. as you know, i represent the board on the retirement -- san francisco's retirement board. i've just been made the president of that system and want to give you a small update that we're going to move on. when we heard about the invasion of ukraine and the financial sanctions happening around the world, many members of the retirement board contacted me over the weekend, that we would move and express a desire to divest from all

russian held companies. i placed that on the agenda for the next meeting, to move as quickly as possible to divest from russian held equities. this is a strategy to defend peace and western values. just a few moments ago, governor newsom also made the same statement in following suit with the state of california's retirement fund system. this might be a small gesture, but we wanted to do something to stand with the ukrainian people and the world, and we're honored to do our small part in standing with and defending

democracy. the rest i submit. >> clerk: thank you, supervisor safai. supervisor peskin, did you wish to speak to that? >> supervisor peskin: yes, i do. can you divest from fossil fuels while you're at it. thank you. >> clerk: thank you, supervisor peskin. supervisor stefani? >> supervisor stefani: thank you, madam clerk. colleagues, today i would like to close today's meeting in memory of richard charles blum, who passed away on sunday after a long battle with lung cancer at the age of 86, and joining me in this memoriam, supervisors ronen and melgar. he is survived by his wife,

dianne feinstein, president of the board of supervisors in 1978, and former san francisco mayor. richard grew up in ingleside terrace neighborhood in san francisco. he began his career in an investment brokerage firm after leaving u.c. berkeley with two degrees in 1959. he became partner in an investment firm before the age of 30 and spent much of his career transforming troubled businesses, including the ringling bros and barnum and bailey circus. richard would go to serve on the berkeley high school's advisory board and would serve many years on the university of california u.s. board of regents. as a charismatic and

adventurous man, he accompanied climbers to the never tackled tibetan side of mount everest. a humanitarian at heart, richard founded the american himalayan foundation in 1981, which aided impoverished communities and diverted some 6,000 girls from west nepal into local schools. the blum center opened on all nine u.c. undergraduate

campuses, serving as a hub for cultural change. richard will be remembered as being intensely enthusiastic and someone who never feared to speak the truth, and as he shared in his 2016 memoir, when you carry a deep passion, nothing is out of reach. a public memorial service will be held at 11:00 a.m. on friday, march 4 at congregation emmanuel in san francisco. i just want to say to senator feinstein, someone whom i deeply admire, she said, my heart is broken today. my husband was my partner in

life for more than 40 years. he was by my side for the challenges, and i will miss him every day. i want to say to senator feinstein, i send my deepest condolences, and my prayers are with you. >> clerk: thank you, supervisor stefani. president walton? >> president walton: today, i'm introducing legislation to name [indiscernible] she moved to san francisco in 1966 to raise her three sons and immediately became an active volunteer for the san francisco unified school district. she always stressed the importance of praying daily, getting an education, preparing for a career pathway, and contributing to her community.

over 40 years ago, ms. jackson followed her passion and opened polly's kiddie care in visitacion valley. ms. jackson's mentoring style and caring for others expanded to helping families, teens, seniors, neighborhoods, adults, and helping to raise so many children in the visitacion valley community. often, she and her son drew would take holiday dinners to people in the community or to people who needed food throughout the neighborhood. we still celebrate ruth jackson day in june every day in visitacion valley to bring together communities from all walks of life to enjoy southern breakfast, a parade, picnic in the park, and lots of fun activities. miss jackson's commitment to

others is unparalleled, and there is not a person in visitacion valley who has not been touched by her in some way, whether you were a child in her center, a parent of a child in her center, someone who is in need of basic food or clothing, miss jackson provided up until the day she left us last november, as she would always say, team work makes the dream work, and collaboration is the key. colleagues, i also have an in memorial for luis guzman barrios, jr. born in san francisco. both his parents were extremely proud and elated to welcome their little creation, their angel, and their ultimate

blessing into this world. luicito, as he was known to all of his loved ones was born on a thursday, a beautiful fall day in october, at 7:24 p.m. from that day on, life would never be the same. he was mommy and daddy's heaven sent angel from day one, and now, he is their guardian angel. he had a love for motorcycles, cars, pizza, and candy, dinosaurs, animals, music,

avocados, parks, and anything water related. at almost 2.5 years, luis' growth and zest for life was mirrored by his impact on anyone who knew him. if ever there was a child who lived life to the fullest, it was luis. he was a courageous and precious soul who impacted the lives of anyone who knew him. he will be cherished and loved until the end of time. the rest i submit. >> clerk: thank you, mr. president. supervisor chan? submit? supervisor haney? submit. and supervisor melgar, last, but not least. >> supervisor melgar: yes, my apologies. colleagues, in honor of women's history month, i am requesting a hearing on housing access and

preferences, including section 8 and housing opportunities for pregnant women and people of color and women with babies and young children. we must uplift the disparate experiences that women, bipoc women, and people face who encounter similar outcomes. colleagues, the facts are shocking. i want to gather more data from our city departments in an effort that we currently have in place to identify the challenges, the gaps in the possible solutions. in san francisco, black mothers accounted for only 4% of the city's births between 2007 and 2016 but made up 32% of san francisco's maternal deaths. in our city, colleagues, black infants are almost twice as likely to be born prematurely

compared to white infants. black families account for half of maternal deaths, and over 15% of infant deaths, despite representing only 4% of births. again, pacific islander families face similar disparities. the preterm birth rate among women in san francisco was nearly double that of white women, 13% versus 7%, between 2012 and 2016. the 2019 brief on housing access and insecurity notes that housing insecurity of black women is linked to preterm birth, which contributes to infant mortality and may influence life outcomes for that child. this brief report also reports that inequality can result in

preterm births and low birth weights in san francisco. the mother's housing is also correlated with housing problems during pregnancy and preterm birth outcomes. african american women, who often experience housing insecurity are more often at risk in experiencing this. additional resources also shows that the devastating impact that housing insecurity has on child care, residential crowding, multiple moves, poor quality housing, they've all been linked to negative health and educational health, too, of outcomes among children. this is significant because bipoc pregnant women continue to face this. it's unacceptable that a city as well resourced as our city.

we say we're progressive and we celebrate children, and then, we have birth rates of black women and pacific islanders that are appalling. this is a racial and gender justice issue. housing insecurity is a legacy of residential segregation, including red lining and discriminatory lending practices that impact wealth building opportunities and exacerbate generations. we need new tools for housing, we need to be creative, we need to push the envelope and have a specific focus on truly removing barriers that focus in on the disparities that have always existed in our communities and we uplift our

communities. thank you to the california preterm birth initiative, h.r.c., and the center for learning and innovation at the san francisco department of public health. colleagues, today, i'm also introducing the healthier' communities act. it also -- it's a small engine gas power landscaping equipment bank. thank you to my early cosponsor, supervisors mandelman, mar, and stefani. this will prohibit the use of gas powered landscaping equipment in san francisco and support our position to clean powered electric equipment. gas powered equipment is a major source of pollution that disproportionately affects neighborhoods of color and

would be among the strictest passed in california. workers exposed are uniquely affected from suffering constant exposure from pollution fumes and hearing loss. according to the california air resources board, pollution from using a gas powered leaf blower for just one hour equals pollution from driving a car 1,100 miles, so the distance between l.a. and denver. this also aligns with the city's climate action goals. the last seven years have been the hottest on record. this legislation will phase out the use of polluting equipment first by our city agencies and later by the public.

it also establishes a fund for a transition prom modelled by a gun buy back program to support small businesses transitioning to clean equipment. i want to thank poder, the san francisco climate emergency coalition, 350 san francisco, mothers out front, the sierra club, san francisco sunrise youth, william ortiz-cartagena from the san francisco small business commission. a big shoutout, as well, to the staff at the california resources board and the department of the environment for their guidance and technical assistance. the rest i submit. thank you.

>> clerk: thank you, supervisor melgar. mr. president, seeing no other names on the roster, that concludes the introduction of new business. >> president walton: thank you, madam clerk. we are now at public comment. >> clerk: at this time, the board of supervisors welcomes your general public comment. the best practice is to use your touch phone. you will be in live synch to listen to the proceeding and to provide your comment. throughout the meeting, the telephone number has been streaming on your screen. it's 415-655-0001, and when you hear the prompt, enter the meeting i.d. 2496-033-7020. press the pound symbol twice, and you'll know you have joined the meeting as a listener once you hear the discussion but your line will be muted. once you're ready to get into the queue to provide your comment, that's when you should press star, three, and listen to the prompt you have been unmuted, and just begin your comments. during the general public comment, you may speak to the

following items: approval of the january 25 meeting minutes, and the january 25, 2022, special meeting minutes of the government audit and oversight committee constituting a quorum of the board of supervisors. items 35 through 39, these are matters for adoption without committee reference, and there are other items not on the agenda but are within the jurisdiction of the board of supervisors that you may comment on. all other items may have had their public comment requirement fulfilled. you may also submit comment by mail, addressed to the san francisco board of supervisors, 1 carlton b. goodlett place, room 204, san francisco, california, 94102. as stated earlier, with the

office of civic engagement and public affairs, we do have interpreter services until 7:00 p.m. if requested or needed. welcome. [speaking spanish language]

[speaking cantonese language] [speaking tagalog language] . >> interpreter: thank you. >> clerk: and we appreciate all three of us with us this evening and how consistently you provide the services to the community. thank you. operations, we are setting the timer at two minutes. we have 29 members of the public who are ready and signed up in the queue, but there are

other -- there are 62 members of the public who are listening. if you are one of the 62, and you'd like to provide comment, please press star, three, and that'll get you in line. all right. so let's hear from our next caller. operations? thank you all for your patience this evening. >> so supervisors, it's been two years now since we are enduring the pandemic, and i think it is time that we have a hearing and do a needs assessment on quality of life issues. one of you supervisors has related to us the adverse impacts on women, child bearing women of color, but we also

have serious issues of food security. we have very serious issues with education. our children that are adversely affected haven't had a good education in two years. we need a hearing, and i listen to you all. you're speaking generalities, and that's okay, but the time has come to be laser beam focused. while you are on the topic, we need to remind ourselves that we are a democracy while the people of ukraine are being troubled by dictatorship. and you may not believe it, but

even here in san francisco, many of us are not for true democracy. thank you very much. >> clerk: thank you very much, mr. dacosta. operations, let's hear from our next caller, please. >> board of supervisors, i understand that sfwalk and kids [indiscernible] were in san francisco today, and i am so sick of special interest groups trying to close j.f.k. these people have been trying to close j.f.k. in 1967. in 2021, it went to the voters, who failed to close it. now, they are again trying to close it permanently.

sfmta has provided half of their budget. as a voter and taxpayer, i do not want my tax dollars funding these organizations. i will not vote to extend the transit tax, and i want sfmta and park and rec's budget cut. last year, you agreed to give the sfbc a $5 million budget for outreach and public trust. if the bike coalition wants to [indiscernible] our citizens, let them do it on their time. they contribute nothing to us but demand more. thank you. >> clerk: thank you for your

comments this evening. operations, do we have another caller in the queue, please? welcome, caller. all right. that might be an unattended line. we'll move to the next caller. welcome, caller. >> good afternoon, madam clerk, president walton, board of supervisors. gilbert criswell of district 8. muni only cares about fare hikes and service cuts. the mayor only cares about fare hikes and service cuts. why hasn't muni service been restored? why are there so many bus

drivers out sick? 100 today? 100 last week? 200 the week before? what is going on with muni that all the bus drivers are out sick? well, i guess i'd be out sick, too, if i worked for a corrupt mismanaged agency. it is time to restore service completely to muni. transit is backed up all over the city. the only way poor people can get around the city is by having a transit system that works. muni does not work. muni goes nowhere. it's supposed to go everywhere. we need to expand the subway to north beach, we need to expand the subway to fisherman's wharf, we need to expand the subway to the ocean, and we need bus service in areas of the city that have never seen bus service at all. transit first city, it's in the

charter. we need the charter. vision zero or project zero is a joke. people are getting run over every day in this city by transit. we need muni to be reliable and fast, and open the central subway. thank you. >> clerk: thank you for your comments, mr. criswell. operations, let's hear from the next caller, please. welcome, caller. >> hello. my name is elliott schwartz, and i travel with my kids from d-10 to j.f.k. you should see their faces when they can get off their bikes

and go off freely. we've had tons of surveys, tons of meetings, tons of outreach. we've improved the park shuttles and added a.d.a. parking spots. we've had drop offs at the park museums and conservatory of flowers. please permanently approve car free j.f.k., uninterrupted by cars as it is today for future generations to enjoy, and please add more car free spaces and the number of safe kid friendly routes to connect them. thank you. >> clerk: thank you. operations, let's welcome our next caller, please. >> [indiscernible] i'm here today to speak on behalf of the

[indiscernible] the close you are of j.f.k. drive continues to have impacts on the [indiscernible] museum and the communities we serve. [indiscernible] trying to carry out essential duties to care for the city's museum. the harassment includes circling, slamming on their brakes, subjecting staff to racial slurs and other racially sensitive comments. staff in their vehicles have been spit on. authorized staff vehicles have been subjected to vandalism, to include having their photos and personal information posted on social media. the closure [indiscernible] of the a.d.a. the closure and the proposals are explicitly in violation of the a.d.a. on february 18, the mayor's

office of disability had a disability council meeting that focused on this closure. the meeting went on for nearly five hours with significant attendance and comments by the public, mostly the disability community, who overwhelmingly voted to open the road. the museum's attendance is down nearly 50%, and yet it was down only 18% during covid. [indiscernible] please consider opening the road. thank you. >> clerk: thank you for your comments. there are 36 people in the queue prepared to make their comments, and there are 61 that are listening. operations, let's hear from the next caller, please. >> good evening, supervisors. i'm calling as someone who

strongly supports a permanent car free j.f.k. drive, truly one of the only good things to come out of this terrible pandemic and to create not just recreational space but also an active transportation corridor, an important part of the transit plan you celebrated last fall. with hundreds of thousands of visits and support of 170,000 san franciscans, this has been transformed from one of the city's most dangerous cities to one of its best. sfmta and rec and park staff have worked hard to improve access and get the wonderful shuttle up and running so everyone can enjoy the space no matter what mode of transportation they use. the young museum's study was conducted before the access and

safety study was completed. the time is now to move forward with a car free j.f.k. that's open to people without further delay. thank you. >> clerk: thank you for your comments. operations, let's welcome our next caller, please. >> yes, thank you very much, board of supervisors. i really appreciate all the hard work that you do. i am an elderly person in san francisco who has been affected by covid-19 and is in the covid relief program, however, i am paying the rent habitually late. in [indiscernible] subsection a-1 shall not apply to rent payments that comes due but weeds out habitual late payment of rent. over 11,000 people in san francisco are in the covid-19

rent relief program and are paying the rent late. it's --

>> when san francisco is really getting me down, and every street was just a wreck of

human suffering, i went on j.f.k., and i fell in love with the city again. go on j.f.k. on a sunday, and you will fall in love with san francisco. this is a moment where we can go up. san francisco is more than fisherman's wharf. san francisco is more than union square. we can get tourists here using our safe spaces. i hope you don't listen to the grumpy old men that are complaining about how much taxes they're paying. we need safe j.f.k. i am completely put out by not being able to go through, but

we know that nancy pelosi and blah, blah, blah. i love it. thank you. >> clerk: thank you for your comments. operations, let's welcome the next caller. [speaking cantonese language]

>> hello, board of supervisors. my name is maiyi chow. thank you for this opportunity to provide my public testimony. my public testimony is about the closure of j.f.k. drive, and i strongly oppose the city close j.f.k. drive and also close the museum and the park because it's very inconvenient

for our residents. thank you. >> clerk: thank you for your comments. [speaking cantonese language] >> clerk: operations, let's welcome our next caller, please. [speaking cantonese language]

>> hello, board of supervisors, my name is yenmai guan. thank you for the opportunity to provide public testimony, and my public testimony is about the closure of j.f.k. drive. i'm strongly opposed to the closure of golden gate park j.f.k. drive to the car traffic, and i think that it's really unfair for our seniors, so i hope that you can hear our input. thank you. >> clerk: thank you for your comments. all right. operations, we have about 68 callers who are listening and about 36 callers that are in the queue. let's welcome our next caller,

please. [speaking cantonese language]

>> hello, board of supervisors. my name is chin oh lee. thank you for the opportunity to provide this public testimony. my public testimony is about golden gate park-j.f.k. drive. actually, i really enjoyed the car free j.f.k. drive, and i really want -- because for our seniors, we can usually enjoy our time there. we feel so happy, like, playing tai chi or other senior

efforts, and we are opposed that the city closed the j.f.k. drive. thank you. >> clerk: thank you for your comments. operations, let's hear from our next caller, please. [speaking cantonese language]

>> hello, board of supervisors. my name is jen ti yu. thank you for this opportunity to provide public testimony. this public testimony is about the closure of j.f.k. drive, and i really disagree that we should permanently close golden gate park j.f.k. drive, especially for the commuters and for the working costs. i think that from monday to friday, we should close it

maybe for a legal holiday or some weekends, you can consider to close it. that's my humble opinion. thank you. [speaking cantonese language] >> clerk: thank you. operations, can we welcome our next caller, please. [speaking cantonese language]

>> hello, supervisors. as the seniors living in the sunset district, thank you for this opportunity for me to deliver public testimony. my public testimony still is mainly about the closure of j.f.k. drive. i think, for our seniors, we actually enjoy the car free j.f.k. drive, and it is unfair for our seniors to hear that j.f.k. drive is going to be closed by the city, so yeah, this is my appearance and input. thank you. >> clerk: thank you for your comments.

operations, let's welcome our next caller, please. >> good afternoon, board of supervisors. i would like to comment on j.f.k. road closure. my name is sheela, and i'm the director of education at the museum, where accessibility is a top priority. the building itself is fully accessible. we offer free programs and services that cater specifically to the needs of people with different disabilities, including discoveries for people with dementia, speak imagery for people with visual disabilities, and we offer free general admission to people with disabilities every day. i'm speaking today on behalf of the many individuals with disability and mobility issues who take part in these programs, and the much larger group of individuals who deserve access to their city funded museum.

for two years, j.f.k. drive has been closed to cars to allow bicycling, rolling, and walking in golden gate park, a public park comprised of over 1,000 acres of space. why rec and park and sfmta continue to claim that a park needs to be closed to allow more recreation in this very large park i do not understand. neither rec and park nor sfmta have explored how their actions impacted one protected group of people, those with disabilities. a report has been made available to all supervisors, and i encourage you to read it. it does find that closing the street is in direction violation of title a of the

a.d.a. thank you. >> clerk: thank you for your comments. there is a soft bell that rings when there is 30 seconds left. that allows speakers to sort of wrap up their comments, but just so that if you're new to making public comment, there will be a loud -- a soft bell and then a loud bell at the end of your comments. operations, can we have the next caller, please. >> my name is jamie reynolds, and i have lived in san francisco all of my 61 years. it's time for j.f.k. to return to its prepandemic condition.

for decades, this arrangement has served the city well, and the current closure is discriminatory and unfair. the current closure places undue inconvenience to many people throughout the city. people in the northwest sector, essentially the entire richmond district are trapped on weekends when the great highway is closed because traffic is backed up on the remaining streets such as masonic and presidio. parking in the existing garage does not fully address the situation for seniors, disabled, and people from throughout the city who cannot access the park that don't have the luxury of public transit. there is room for compromise. this isn't an all-or-nothing situation. while i believe that j.f.k. should be closed only on

sundays and holidays, as voters have previously decided, at most, close it on weekends and holidays and open it on weekdays. thank you for your consideration. >> clerk: thank you for your comments. all right. operations, do we have another caller in the queue, please? [speaking cantonese language] >> hello, board of supervisors. my name is jen yun lee.

thank you for the opportunity to provide my public testimony. my public testimony is still about the closure of j.f.k. drive. i strongly oppose the city close j.f.k. drive because it keeps my son from accessing golden gate park, so please consider my opinion. thank you. [speaking cantonese language] >> clerk: thank you. operations, can we have the next caller, please. we have 34 lined up to speak and 55 who are listening. let's have our next caller. [speaking cantonese language]