>> 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

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

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

i just want to check with deputy city attorney ann pearson to see if there's any time sensitivity to decide that we should be aware of before we consider the motion to continue -- that way. >> are you able to see and hear me? oh, there i am. i trust our litigators would say that there is some time sensitivity to this, but there is no hard-and-fast deadline that i'm aware of that i could bring to your attention to influence your decision to move this forward as quickly as possible. >> supervisor mar: okay. thank you for that, deputy city attorney pearson. so supervisor peskin has moved that we continue item number 5. i will second that. >> clerk: would you like to specify the -- >> supervisor mar: why don't we continue it to the -- >> supervisor peskin: i'd like to continue to the call of the chair, and the moment that we can actually have a closed session, then i would ask that it be scheduled. >> supervisor mar: thank you, and i would second that. mr. clerk, can you please call roll? >> clerk: on the motion to continue agenda item number 5 to the call of the chair -- [roll call] >>

>> 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

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. 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

>> this is ann pearson, can you hear me? >> go ahead, deputy city attorney. >> i wanted to reiterate a point that was made earlier which is that if the board chooses to adopt this resolution, it needs to do so by april 10 proceeding. in light of the questions coming up, you could choose to not take action today and defer action until next week and till have time to take that action before april 10th. >> and the reasoning for that is because once we pass it, the mayor has to sign it, correct. >> that's right. we would need to try to expedite the signature, but there would be still time to do that before. >> one day, correct? >> well, i think the next meeting is the 7th. >> yes. >> three days, ok. >> president yee, this is osha. >> go ahead. >> i mean, i think that the reason didn't th and the argumeu would make for doing the resolution today is because the public health orders are extended and shelter-in-place is extending through may 1 proceeding. if the office is closed and people can't make their payments, then, as i under

>> this is ann pearson, can you hear me? >> go ahead, deputy city attorney. >> i wanted to reiterate a point that was made earlier which is that if the board chooses to adopt this resolution, it needs to do so by april 10 proceeding. in light of the questions coming up, you could choose to not take action today and defer action until next week and till have time to take that action before april 10th. >> and the reasoning for that is because once we pass it, the mayor has to sign it, correct. >> that's right. we would need to try to expedite the signature, but there would be still time to do that before. >> one day, correct? >> well, i think the next meeting is the 7th. >> yes. >> three days, ok. >> president yee, this is osha. >> go ahead. >> i mean, i think that the reason didn't th and the argumeu would make for doing the resolution today is because the public health orders are extended and shelter-in-place is extending through may 1 proceeding. if the office is closed and people can't make their payments, then, as i under

i just want to check with deputy city attorney ann pearson to see if there's any time sensitivity to decide that we should be aware of before we consider the motion to continue -- that way. >> are you able to see and hear me? oh, there i am. i trust our litigators would say that there is some time sensitivity to this, but there is no hard-and-fast deadline that i'm aware of that i could bring to your attention to influence your decision to move this forward as quickly as possible. >> supervisor mar: okay. thank you for that, deputy city attorney pearson. so supervisor peskin has moved that we continue item number 5. i will second that. >> clerk: would you like to specify the -- >> supervisor mar: why don't we continue it to the -- >> supervisor peskin: i'd like to continue to the call of the chair, and the moment that we can actually have a closed session, then i would ask that it be scheduled. >> supervisor mar: thank you, and i would second that. mr. clerk, can you please call roll? >> clerk: on the motion to continue agenda item number 5 to the call of the chair -- [roll call] >>

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

i just want to check with deputy city attorney ann pearson to see if there's any time sensitivity to decide that we should be aware of before we consider the motion to continue -- that way. >> are you able to see and hear me? oh, there i am. i trust our litigators would say that there is some time sensitivity to this, but there is no hard-and-fast deadline that i'm aware of that i could bring to your attention to influence your decision to move this forward as quickly as possible. >> supervisor mar: okay. thank you for that, deputy city attorney pearson. so supervisor peskin has moved that we continue item number 5. i will second that. >> clerk: would you like to specify the -- >> supervisor mar: why don't we continue it to the -- >> supervisor peskin: i'd like to continue to the call of the chair, and the moment that we can actually have a closed session, then i would ask that it be scheduled. >> supervisor mar: thank you, and i would second that. mr. clerk, can you please call roll? >> clerk: on the motion to continue agenda item number 5 to the call of the chair -- [roll call] >>

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

>> 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

i just want to check with deputy city attorney ann pearson to see if there's any time sensitivity to decide that we should be aware of before we consider the motion to continue -- that way. >> are you able to see and hear me? oh, there i am. i trust our litigators would say that there is some time sensitivity to this, but there is no hard-and-fast deadline that i'm aware of that i could bring to your attention to influence your decision to move this forward as quickly as possible. >> supervisor mar: okay. thank you for that, deputy city attorney pearson. so supervisor peskin has moved that we continue item number 5. i will second that. >> clerk: would you like to specify the -- >> supervisor mar: why don't we continue it to the -- >> supervisor peskin: i'd like to continue to the call of the chair, and the moment that we can actually have a closed session, then i would ask that it be scheduled. >> supervisor mar: thank you, and i would second that. mr. clerk, can you please call roll? >> clerk: on the motion to continue agenda item number 5 to the call of the chair -- [roll call] >>

. >> 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

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

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

deputy city attorney pearson, do you have any -- >> deputy city attorney ann pearson. it might be simpler to take those two things one at a time and accept the amendments that have been introduced by supervisor haney with the exception of those made to section d, and following those, make a motion to accept the ones that you have suggested. >> chair mar: okay. >> supervisor haney: no, you can't -- >> clerk: supervisor haney? >> supervisor haney: maybe my question might answer the public's question. so what we are going to do is take all of the amendments that i have proposed, except for the amendment that relates really to the type of shelters that would qualify, which would be 10 -- can you read the section that we're -- and what -- we'll read it for the public. >> the motion that i heard articulated was limited to amendments that have been introduced to section 106.3-1, and i understood the amendment to be a motion to accept the amendments that you have made, supervisor haney, to that section, with the exception of those amendments introduced to subsection d as an in

. >> deputy city attorney ann pearson. the next item is a scheduled hearing concerning the essential scope of public works. i don't think that description would encompass a consideration of the scope because it might still be on the scope of that department. so i would think that you would separately notice any discussion on the scope of work that's brought back to this. this come committee. >> i suggest that we have an ongoing hearing item with prequalified vendors that we can call and schedule from time to time between now and april and thereafter to get reports and publicly advise the clerk as to the scope of work. >> perfect. >> perfect. >> we can assist you in drafting that, supervisor haney. thank you. >> does that make sense, chair mar? >> i think that does. especially, you know, i know that the controller is working on several different specific investigations right now and it will be preparing sort of white pairs on those issues that we intend to hear in this committee and in the coming weeks. for example, i think

. >> 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