>> president yee: so deputy city attorney ann pearson? >> yes. deputy city attorney ann pearson. you are correct, supervisor preston, that the project sponsor may not ask for subsidies unless they have a certain percentage of housing units. >> president yee: supervisor preston? supervisor preston, are you wanting to speak? you need to unmute yourself. >> supervisor preston: yes, thank you, president yee. thank you, miss pearson. i -- so my understanding's right, if a developer's directly given land as a subsidy, it would apply, but if the property is either rezoned or the requirements changed, your opinion is that's outside the scope of the sunshine provision? >> i think the sunshine ordinance would be triggered if the city were to give a financial subsidy to the developer, but not in this situation. >> supervisor preston: okay. thank you for the clarification. the other issue, just focusing on the numbers, raised some concerns for me about the intended use of this property in order for it to pencil out and returns of the developer. the developer claims returns just under 17% wit

you know, i would like to request that deputy city attorney anne pearson provide her assessment of these amendments and whether any of these are substantive and would require continuance before the committee takes action. >> good morning. can you all hear me? >> yes. >> thanks. so i've had a chance to review all of the amendments that supervisor mar just described and the first one on his list is one that is substantive and that is the amendment that would require health care -- employers of health care providers to provide them with leave under some limited circumstances. the other ones are not substantive and would not require a continuance today. >> thank you. >> supervisor mar, do you want to split the file and move forward the portion that's not substantive and we can continue the other just to get this moving as quickly as possible or just move them all at the same time? >> yeah. thank you. thank you, deputy city attorney pearson and chair ronen. yes, i -- in answer to your question, chair, i would like to -- i will be making a motion to duplicate the file so we can move the nonsub

she's already busy, ann pearson, welcome to chambers. and i promise that -- at least, my colleagues promise not to pick on you for the first week, anyway. i also like to make an announcement that in december, at the end of december, there were three positions on the department of public inspection, commission in which terms were up. and i want to announce that i have appointed three people to those positions and one of the things i really look for as much as i can and asked many of you as colleagues how to do this is how do we diversify the commission more than it has been. so i'm proud to say that we've been able to find people that are well qualified that will diversify this position. the three people that i am appointing are john jacoble, who will represent a member of the general public, jason cam, who will be representing the residential landlord, and elizabeth alexander, who will be representing the residential tenant. and i want to invite all of you, if you like, to their swearing in tomorrow in this chamber at 4:30 and it should

city attorney ann pearson may be able to weigh-in. i was brought into this process, how do we involve data sharing for people involving homelessness. it's a much larger conversation beyond this issue, so i'm not sure what the delay was in doing it, but it's become clear that this is a simple and necessary first simp to ensuring our privacy and accountability for the departments that are covered. so certainly, the time is now. we shouldn't delay further. i would like to speak quickly to your point, chair ronen, that this is absolutely a big deal to help us improve how we share data and how we protect data. this is not the only privacy law that many departments are hopeful to you. there are other state and federal privacy laws that departments need to comply with. >> if i could just take a moment to supervisor stephanie's question, so just for the public and members of the board, we have been complying with san francisco general, laguna honda. i don't think this was needed when it first came out, but as things have come along, it's been

could we ask ann pearson for that? >> i don't have that information, but i'll get back to you for that. >> chair ronen: okay. could we open this up for public comment? does that make sense? okay. mr. clerk, could we please open this item up for public comment? >> clerk: yes. members of the public who wish to provide public comment on this item should call 408-418-93 # 8. meeting i.d. is 1466610524, then press pound, and pound again. if you haven't already done so, please press star-three to wait to speak. wait until the system prompts that you have been unmuted to begin your prompt. mr. ho, do we have any comments at this time? >> operator: yes. we have three callers in the queue. i will unmute the first caller. >> hi. this is debra garfinkel. my hand was raised from the prior discussion, but i'm happy to speak. i was just finishing an e-mail to matt. i'm a resident of the eastcott and district 6, and i just want to thank matt and the other supervisors who are working to end the endemic corruption that i am seeing and

>> deputy city attorney ann pearson. i'm not sure. i think it depends on the c.b.d. itself and whether it folds under the city's contracts. if you look at those documents, it contains all of the requirements that a city is required to maintain in all of those documents. >> supervisor peskin: so here's what im want to be very clear on. insofar as as our surveillance laws in san francisco require certain things and exclude one thing in particular, which is technologies, i don't want to see chriss larson making an en run around our law which is essentially making an anonymous donation to the city. >> i sent out a survey two weeks ago to all the community benefit districts in san francisco regarding those who do have security cameras, and from my understanding, and it was self-reported, none of them have activated facial recognition technology on their security cameras. >> supervisor peskin: okay, well, that's a start. why don't we, mr. corgis, offline, make sure that every one of our c.b.d.s adheres to and follows the law t

>> deputy city anne pearson. i haven't seen the amendment but increase amount of money being accepted? >> decreasing. >> oh, decreasing. that will not require a continuance. >> that's great. thank you. >> no public comment and i would move this to the full board with a positive regulation as amended. can you please call items 13 and 14 together. >> 13, resolution authorizing the issuance from time to time in one or more series of not to exceed 1.4 billion agre aggregae privilege among not to exceed 225 million to be designated as the city and county of san francisco and series of 2020-r1. item number 14, approving the controllers office of public finance policy in accordance with government code section 855 and determining other matters in connection. >> thank you. and i think this is anna vandegna. >> yes. >> and i ab understand you're requesting a continuance? >> i would have a couple of words i would like to share to anna and public finance would like to request we continue items 13 and 14 to february 26th bud

>> deputy city attorney ann pearson, if you are confidence your -- absolutely confident your property is within 500 feet, it's probably a safeway to proceed. >> supervisor peskin: i make a motion to recuse supervisor fewer. >> president yee: no, no, no. wait a moment. what items do you have to recuse yourself on, supervisor fewer? >> supervisor fewer: 75 through 82. >> supervisor mar: i believe it's 83, 84, 85, 86, and 87. >> supervisor peskin: and i would like to make a motion for supervisor fewer to recuse herself for those items. >> president yee: okay. is there a motion to recuse? >> supervisor mar: second, mar. second by mar. >> president yee: okay. let's those items are going to be heard, also, so i'm a little bit [inaudible] procedurally because i will be taking public comments on all of these items. madam clerk, what's the procedure here? >> clerk: sure. mr. president, i think you're right. let's take public comment first, and then, we'll take the fewer recusal, and then, we'll take each motion one at a time. so we'll begin with public comment. >> president yee: okay. do we ne

is ann pearson available? >> yes. ann pearson here. can you hear me? >> supervisor ronen: yes, i can. i was wondering if we could add into the legislation a provision that requires at least partial repayment of the loan or maybe full repayment if the business is allowed to access assistance from the federal level? >> i think you would be able to make that amendment. i think it would be substantive, and it would require a continuance, but our office would be happy to work with you on that. >> supervisor ronen: okay. that's great. thank you. so what i would just say after hearing all of these answers is i realize that there's a ton of information that we don't know. we don't know how many of these businesses might not be able to repay these loans. we don't know what the full extent of the economic damage is going to be to our city and county budget. we don't know how much of the house the $2 trillion in help from the feds will fill many of those gaps. it's just not filling the gaps to small businesses, but many of the gaps in our budget are going to be f

>> deputy city attorney ann pearson. my understanding is that the amendments would accept a grant for an entirely different purpose than the one that was originally noted. that the resolution was drafted to accept a different grant and this gift is for an entirely different purpose, so the amendments would be substantive. >> president yee: thank you very much. can i have a motion to continue this item as amended? >> supervisor fewer:le continued. >> supervisor mandelman: seconded. >> president yee: do we need to have a roll call on this continuance? right, let's have roll call on the continuance of this item to our next meeting, with i is when? -- which is when? >> june 30th. >> president yee: june 30th as amended. go ahead. >> clerk: peskin aye. preston aye. ronen aye. safai aye. stefani aye. walton aye. yee aye. fewer aye. haney aye. mandelman aye. mar aye. there are 11 ayes. >> president yee: okay. so this will be continued to our meeting on june 30th. madame clerk, go ahead and call items 16, 17 together. >> clerk: i

you know, i would like to request that deputy city attorney anne pearson provide her assessment of these amendments and whether any of these are substantive and would require continuance before the committee takes action. >> good morning. can you all hear me? >> yes. >> thanks. so i've had a chance to review all of the amendments that supervisor mar just described and the first one on his list is one that is substantive and that is the amendment that would require health care -- employers of health care providers to provide them with leave under some limited circumstances. the other ones are not substantive and would not require a continuance today. >> thank you. >> supervisor mar, do you want to split the file and move forward the portion that's not substantive and we can continue the other just to get this moving as quickly as possible or just move them all at the same time? >> yeah. thank you. thank you, deputy city attorney pearson and chair ronen. yes, i -- in answer to your question, chair, i would like to -- i will be making a motion to duplicate the file so we can move the nonsub

>> sure, so one item that i would mention and the city attorney ann pearson could jump in if she likese item before you today is appropriating the proceeds and the sale resolutions have been passed and approved by the board of supervisors. so i don't think that it impacts our ability to sell the bond, it's once they're sold appropriating them into the department. i don't believe that is a timeline issue for either of the mayor's office of housing bonds. michelle, could you speak for the public health and safety bond, is that going to cause problematic impacts? >> yeah, this is michel teretty from the department of public finance. good morning, madam chair and members of the committee. there would be impacts for the department of -- the safety bonds and the department of public health and public works. we have priced bonds already and we expect to close the transaction on or around the 3rd of november. so the longer this appropriation ordinance gets delayed, the proceeds will have to sit on reserve and the department won't have access for it for several weeks. but i don't believe that w

. >> deputy city attorney ann pearson. it would make it unlawful to use it as a nondent use.ontent use is defined as renting to corporate entity or housing for ones employees or licensees or independent contractors. i do think that to the extent that the concern is raised if schools want to rent housing to their employees and to condition occupancy on continued employment as a teacher in the school, that it would be prohibited by the current draft. it makes exemptions, one of which pair peskin noted which was an exception which they are providing to the employees as condition of employment to assist with maintenance or management of the building. we have made that exception for those types of employees. to address the issue you have raised here, you could make a similar exception for the employees of schools who are providing housing for their teachers. >> thank you. through the chair, would such an amendment require this to go back to planning or delay in any way the proceeding or is that the type of amendment if we were to desire to do that we would be able to do here witho

. >> deputy city attorney ann pearson only the construction piece is exempted. the services related to contradiction aren't considered construction contract. those don't fall in that exception. >> i will stop. i am having a hard time conceptually understanding why one piece of the project, which is design, seems to be something where we don't rely on a departmental commission process. setting aside legal requirement what is is the right way to deal with this, the design has to come here but the construction which is larger doesn't. i will stop. i am done. thanks. >> thank you very much. so let's open this up for public comment. any members of the public like to comment? seeing none, public comment is closed. i would like to move with a positive recommendation to take without objection thank you very much. i think we have time for one more item. please call item 4. resolution declaring intent of city to reimburse future bonds and authorizing the director of the mayor's office of housing and community development to submission documents for residential mortgage re

. >> deputy city attorney ann pearson. it would make it unlawful to use it as a nondent use. nontent use is defined as renting to corporate entity or housing for ones employees or licensees or independent contractors. i do think that to the extent that the concern is raised if schools want to rent housing to their employees and to condition occupancy on continued employment as a teacher in the school, that it would be prohibited by the current draft. it makes exemptions, one of which pair peskin noted which was an exception which they are providing to the employees as condition of employment to assist with maintenance or management of the building. we have made that exception for those types of employees. to address the issue you have raised here, you could make a similar exception for the employees of schools who are providing housing for their teachers. >> thank you. through the chair, would such an amendment require this to go back to planning or delay in any way the proceeding or is that the type of amendment if we were to desire to do that we would be able to do here wit

. >> deputy city attorney ann pearson only the construction piece is exempted. the services related to contradiction aren't considered construction contract. those don't fall in that exception. >> i will stop. i am having a hard time conceptually understanding why one piece of the project, which is design, seems to be something where we don't rely on a departmental commission process. setting aside legal requirement what is is the right way to deal with this, the design has to come here but the construction which is larger doesn't. i will stop. i am done. thanks. >> thank you very much. so let's open this up for public comment. any members of the public like to comment? seeing none, public comment is closed. i would like to move with a positive recommendation to take without objection thank you very much. i think we have time for one more item. please call item 4. resolution declaring intent of city to reimburse future bonds and authorizing the director of the mayor's office of housing and community development to submission documents for residential mortgage re

>> deputy city attorney ann pearson. under state law when proposed legislation will have an effect on wages, hours, and conditions of employment, the city has to provide an opportunity for meet and confer. and whether or not a legislation triggers that -- you know, a change that would give that opportunity for meet and confer is something that's within the discretion of d.h.r. in this case, i know that m.e.a. has concluded, in fact, in their opinion, this has an effect on their members, the effect on their working conditions. and based on that, d.h.r. has granted the opportunity to meet and confer which is still in progress. and until that is completed, our advice that the board may not take action on this legislation until that process is done. >> supervisor ronen: this board, if we impact another department's working conditions in any way, we cannot change our board rules without conferring with the union. is that what you're saying, and that's state law? >> it's a matter of state allow, and it's a part of our m.o.u.'s

deputy city attorney ann pearson. thank you. so we're leaving this item as is and asking the clerk to call item number 2. >> clerk: item number 2 is an amendment to amend the charter of the city and county of san francisco to create the sanitation and streets department to succeed to specific duties currently performed by the department of public works, to create a sanitation and streets commission to oversee the sanitation and streets department, to create a public works commission to oversee the department public works, to require an annual perform ann audit and cost and waste analysis for both departments, and affirming the planning department's determination under the ceqa at an election to be held on november 3, 2020. >> chair ronen: okay. we're joined by supervisor matt haney. supervisor haney, did you want to add comments and amendments? >> supervisor haney: yes. i do have some comments, and i do have some amendments, as well. thank you very much, colleagues. i'm very proud to bring this back with my cosponsors stefani, r

could we ask ann pearson for that? >> i don't have that information, but i'll get back to you for that. >> chair ronen: okay. could we open this up for public comment? does that make sense? okay. mr. clerk, could we please open this item up for public comment? >> clerk: yes. members of the public who wish to provide public comment on this item should call 408-418-93 # 8. meeting i.d. is 1466610524, then press pound, and pound again. if you haven't already done so, please press star-three to wait to speak. wait until the system prompts that you have been unmuted to begin your prompt. mr. ho, do we have any comments at this time? >> operator: yes. we have three callers in the queue. i will unmute the first caller. >> hi. this is debra garfinkel. my hand was raised from the prior discussion, but i'm happy to speak. i was just finishing an e-mail to matt. i'm a resident of the eastcott and district 6, and i just want to thank matt and the other supervisors who are working to end the endemic corruption that i am seeing and

i'd like to welcome deputy city attorney ann pearson. i would like to note that unlike the structural review by the controller's office, the city attorney's office is looking for evidence for potential crimes or charges, so because of that, they may not be able to be as forthcoming as we would like. with that, deputy city attorney ann pearson. >> thank you. i'm joined by deputy city attorney andrew shen, who would be happy to answer questions pertaining to ethics. [inaudible] >> -- a former commissioner of the immigrant rights commission, balmour fernandez, and walter huang, who's a contract official. the law enforcement tools that are used to uncover these crimes included search warrants, secret grand jury subpoenas for bank records, and require taps that allowed the f.b.i. to listen in on conversations between coconspirators. based on the allegations against mr. nuru, we interviewed tom hui, who's the former director of d.b.i. we reviewed his e-mails and report reported our findings to the mayor, who immediately recommended his removal

>> deputy city attorney ann pearson. under state law when proposed legislation will have an effect on wages, hours, and conditions of employment, the city has to provide an opportunity for meet and confer. and whether or not a legislation triggers that -- you know, a change that would give that opportunity for meet and confer is something that's within the discretion of d.h.r. in this case, i know that m.e.a. has concluded, in fact, in their opinion, this has an effect on their members, the effect on their working conditions. and based on that, d.h.r. has granted the opportunity to meet and confer which is still in progress. and until that is completed, our advice that the board may not take action on this legislation until that process is done. >> supervisor ronen: this board, if we impact another department's working conditions in any way, we cannot change our board rules without conferring with the union. is that what you're saying, and that's state law? >> it's a matter of state allow, and it's a part of our m.o.u.'s

>> sure, so one item that i would mention and the city attorney ann pearson could jump in if she likes the item before you today is appropriating the proceeds and the sale resolutions have been passed and approved by the board of supervisors. so i don't think that it impacts our ability to sell the bond, it's once they're sold appropriating them into the department. i don't believe that is a timeline issue for either of the mayor's office of housing bonds. michelle, could you speak for the public health and safety bond, is that going to cause problematic impacts? >> yeah, this is michel teretty from the department of public finance. good morning, madam chair and members of the committee. there would be impacts for the department of -- the safety bonds and the department of public health and public works. we have priced bonds already and we expect to close the transaction on or around the 3rd of november. so the longer this appropriation ordinance gets delayed, the proceeds will have to sit on reserve and the department won't have access for it for several weeks. but i don't believe tha

>> deputy city anne pearson. i haven't seen the amendment but increase amount of money being accepted? >> decreasing. >> oh, decreasing. that will not require a continuance. >> that's great. thank you. >> no public comment and i would move this to the full board with a positive regulation as amended. can you please call items 13 and 14 together. >> 13, resolution authorizing the issuance from time to time in one or more series of not to exceed 1.4 billion agre aggregae privilege among not to exceed 225 million to be designated as the city and county of san francisco and series of 2020-r1. item number 14, approving the controllers office of public finance policy in accordance with government code section 855 and determining other matters in connection. >> thank you. and i think this is anna vandegna. >> yes. >> and i ab understand you're requesting a continuance? >> i would have a couple of words i would like to share to anna and public finance would like to request we continue items 13 and 14 to february 26th bud

>> deputy city anne pearson. i haven't seen the amendment but increase amount of money being accepted? >> decreasing. >> oh, decreasing. that will not require a continuance. >> that's great. thank you. >> no public comment and i would move this to the full board with a positive regulation as amended. can you please call items 13 and 14 together. >> 13, resolution authorizing the issuance from time to time in one or more series of not to exceed 1.4 billion agre aggregae privilege among not to exceed 225 million to be designated as the city and county of san francisco and series of 2020-r1. item number 14, approving the controllers office of public finance policy in accordance with government code section 855 and determining other matters in connection. >> thank you. and i think this is anna vandegna. >> yes. >> and i ab understand you're requesting a continuance? >> i would have a couple of words i would like to share to anna and public finance would like to request we continue items 13 and 14 to february 26th bud

you know, i would like to request that deputy city attorney anne pearson provide her assessment of these amendments and whether any of these are substantive and would require continuance before the committee takes action. >> good morning. can you all hear me? >> yes. >> thanks. so i've had a chance to review all of the amendments that supervisor mar just described and the first one on his list is one that is substantive and that is the amendment that would require health care -- employers of health care providers to provide them with leave under some limited circumstances. the other ones are not substantive and would not require a continuance today. >> thank you. >> supervisor mar, do you want to split the file and move forward the portion that's not substantive and we can continue the other just to get this moving as quickly as possible or just move them all at the same time? >> yeah. thank you. thank you, deputy city attorney pearson and chair ronen. yes, i -- in answer to your question, chair, i would like to -- i will be making a motion to duplicate the file so we can move the nonsub

her own right for her first trial by fire experience is land use committee deputy city attorney anne pearson. do you have any announcements? >> clerk: silence all cellphones and electronic devices. completed speaker cards and copies of any documents that include as part of a file should be submitted to the clerk. items will appear on the januarf supervisors agenda less otherwise stated. >> we are joined momentarily to my right by vice-chair of the committee supervisor ahsha safai who rightfully comments that it is quite warm in these chambers so, ms. major, when you have a second after you read item number 1, if you could ask them to cool this place down >> you can ask them through the chair. send some heat to my office since i don't have any right now. that would be great. >> sure thing >> transfer the heat from the board chambers to room 256. >> clerk: item number 1 entitled regulating the width of sidewalks to reduce the sidewalk width of certain locations along the westerly side of pierce street in front of the maxime health center at 1301 pierce street >> sidewalks are important which i