Supervisor walton. I want to thank the great folks at sfgovtv for staffing this. Mr. Clerk, do you have any announcements . Yes, thank you very much. In order to protect board members, City Employees and the public during the covid19 health emergency, the legislative Committee Room is closed. This is taken pursuant to local state, federal orders. Committee members will attend the meeting through Video Conference and participate in the meetings as if they were physically present. Public comment will be available for each item on the agenda. The number is being streamed across the screen. Public comment is available by phone, by calling 408 4189 8 408 4189388. Once connected and prompted, todays i. D. Is 146789102. Press pound and then a second time. When connected, youll hear the meeting discussions. When your item comes up, dial star, followed by 3 to be added to the speaker line. Best practices are to call from a quiet location. Speak clearly and slowly and turn down your television, radio or streaming device. Everyone must account for time delays and discrepancies that may occur between Live Streaming and of. You may email me, im john carroll. If you submit Public Comment via email i will add your comments to the file. And your written comments may also be sent to our office as city hall. Our address at city hall is 1 carlton b. Goodlett place. Thats it, mr. Chair. Supervisor mandelman thank you, mr. Clerk. Please call the first item. Agenda item number 1 is hearing to consider the issuance of type 42 on sale beer and wine public premises Liquor License to the nobody inn. Members of the public who wish to provide Public Comment should call the Public Comment number. Enter the i. D. Number, press the pound key twice. Mr. Chair, i notice that i forgot to meng that all items on todays agenda will appear on the regular board of supervisors Meeting Agenda of sorry for the delay july 21st. Supervisor mandelman great. Thank you. So first well hear from the a. L. U. Officer mackey. Are you here . Good morning, im here. Good morning. So before you guys have a report for the nobody inn, theyve applied for a type 42 license and if approved this will allow them to sell beer and wine. We have zero letters of protest. Zero letters of support. Theyre located in plot 164, which is a high crime area and theyre in census track 121. Our unit a. L. U. Recommends that the following conditions. Petitioner shall monitor the area under their control in effort to prevent the loitering of persons on any property adjacent to the licensed premises as depicted on the form. And no noise shall be audible at any nearby residence. As of june 30, they have signed and agreed to the recommended conditions. Supervisor mandelman great. We dont have questions or dont think they do, well hear from the applicant. Hi there. Thank you for having me. Okay, so the space at 620 post street has been used as a wine bar before. It was previously the battle room for many years. Its connected to the Fitzgerald Hotel which is a small independent hotel. And the nobody inn wants to be a lowkey addition to the neighborhood. And our intention is to have a menu focused on small production, locally produced beer wine and cheese. And were ready. Were here ready for when San Francisco can open. And i hope you will see fit to support this femaleowned business fort future of San Francisco. Supervisor mandelman great. Thank you very much. Lets go to Public Comment. Clerk thank you. Operations is checking to see if there are any callers in the queue. Let us know if we have any callers. For those connected to the meeting, press star followed by 3 to be added to the queue to speak on this item. For those on hold, wait until youre prompted to begin. You will hear a prompt saying your line has been unmuted. For those watching us, please call in by following the instructions on your screen. Dial the phone number, enter the meeting i. D. , press the pound symbol twice and then star followed by 3 to be added to the queue to speak. Do we have any callers for agenda item 1 . Chair, there are no callers in the queue. Supervisor mandelman all right. We will close Public Comment. So, colleagues, i understand that supervisor peskin is supportive of this license. I think, therefore, we can direct our clerk to prepare a resolution finding that the license is a necessity and ill move forward to the full board with positive recommendations call the roll. On the motion offered by chair mandelman that resolution finding public convenience or necessity for the applicant be forwarded to the board of supervisors. Stefani aye. Walton aye. Mandelman aye. Mr. Chair, there are three ayes. Supervisor mandelman great. The motion passes. Congratulations. [laughter]. Supervisor mandelman well move on to our next item, mr. Clerk. Clerk agenda item number 2 is resolution condemning the increase of racial profiling and discrimination harassment from private businesses for suspicion of crime or denial of Service Based on race, age, ethnicity, language, gender, sexual orientation, immigration status and national origin. Members who wish to provide Public Comment should call the Public Comment number on the screen. Enter the meeting i. D. Press the pound symbol twice to connect to the meeting. Then press the star key followed by number 3 to enter the queue to speak. Supervisor mandelman supervisor walton, this is your item. Supervisor walton thank you so much, chair mandelman. Colleagues, you may remember i introduced this resolution last year on june 15, 2019, condemning the increase of racial profiling and discrimination, harassment from private businesses and individuals who profile people or color for suspicion of crime or denial of Service Based on race, age, ethnicity, language, gender, sexual orientation, immigration status and national origin. It was sent to this committee for a hearing on november 14, 2019. At the hearing it was made clear by the public weve had an increase on racial profiling and discriminatory incidents which has been recorded and posted on social media showing black people and people of color harassed by people using 911. And our Police Officers as a threat. This week i introduced the caution against racially exploitive nonemergency acts. The act is in response to the rise in incidents of people harassing and calling 911 on black people and people of color doing daily activities all over the country. We know that racial profiling has led to traumatizing black people and people of color and this has been happening in our nation since its beginning. It wasnt until the rise of smart phones and social media that these incidents are now being recorded and posted. For every incident that is publicized, there are many more that do not get captured. In San Francisco alone, in 2018, a woman subsequently permit patty called police on an 8yearold black girl she you a cued of accused of illegally selling water in front of her residence. In july, 2018, a woman harassed a latino vendor on Market Street telling her she couldnt be there if she didnt have a permit. Neighbors in the mission called police on victor stephenson, the black owner of a lemonade stand, accusing him of breaking into his own business. July, 2019, a man called the police on a black man waiting for his friend in the lobby of her building. Telling him he didnt look like he belonged there. In july, 2019, two black Youth Program leaders were racial profiled, accused of stealing and had the Police Called on them. These are people who work with our young people on a consistent basis, connecting them to use their skills and their assets in the entertainment world and artist world to be successful. And it even happened to them right here in our city. In february of this year, i had my own experience of being racially profiled by employees at the cigar bar. Our Asian American community has been there have been firsthand accounts of hate directed at Asian Americans from across the country. In San Francisco alone, there were more than 172 incidents of hate, all which occurred while sheltering in place rules were in effect. They range from verbal and physical assaults and discriminatory treatment, all dehumanizing, traumatizing and creating tremendous fear and anxiety for residents in San Francisco. Last month a couple in Pacific Heights called police on a filipino man accusing him of defacing someone elses property, despite the fact it was his home. In the same month, a couple stopped a latino man from entering the garage of his Apartment Building in south of market because he didnt look like he belonged there. And, of course, nationally, on may 25, george floyd was im sorry may 25th george floyd was killed because of a phone call accusing him of using a counterfeit bill. And there was a phone call in central park in new york where a woman called police on a black man while he was birdwatching and tried to weaponize 911. And this person has since been prosecuted. Each of these incidents, people of color were minding their business, going about their day, living as free residents in our liberal city when their activities were interrupted by those who wanted to remind them that they didnt look like they belonged. In some cases there was a threat to call 911 if the person of color did not comply. This discrimination against the black community and communities of color has to stop. This resolution reaffirms San Franciscos commitment to developing a discriminationfree community regardless of race, age, ethnicity, language, gender, sexual orientation, immigration status, national origin, or religious affiliation. Time after time while urging companies to do the same, either by providing bias training, training employees with how to file a discrimination complaint and companies committing to investigate any allegations of discrimination. We want our people to act right and treat people right. We want our businesses to act right and treat people right. So we are going to do much more here in San Francisco to address these inequities. I bring this resolution forward to bring finality and get this supported at our board of supervisors as a whole and appreciate the time, chair mandelman. Supervisor mandelman thank you, supervisor walton. Mr. Clerk, i think that our sheriff may be trying to join our meeting. He needs a link. Clerk i have not heard that. But if you hang on for just a moment, i can add an invite to him. It will just take me a moment. Supervisor mandelman paul and joe engler. Okay. Cool. All right. Back to item you said paul and mr. Engler . Supervisor mandelman and joseph engler. Thank you. Okay. Supervisor walton, i would like to be added as a cosponsor. Supervisor walton thank you so much, chair mandelman. Supervisor mandelman thank you for bringing this to us. I dont see any other comments, but we will open up to Public Comment. Clerk thank you, mr. Chair. Operations is checking to see if there are any callers in the queue. Please let us know if there are callers ready. Please press star followed by 3 if you wish to speak on the item. You will hear a prompt informing you that your line has been unmuted. For those watching on 26 or streaming link or sfgovtv, if you wish to speak on the item, please call in by following the instructions on your screen. Dial 408 4189388. Enter the meeting i. D. , 1467418902. Please then press the pound symbol twice and then press star followed by 3 to enter the queue to speak. Could you connect us to our first caller if they are here. Mr. Chair, there are no callers in the queue. Supervisor mandelman okay. Im going to close Public Comment. Well move that we forward chair mandelman, i would like to add my name as a cosponsor. Clerk noted. Supervisor stefani thank you, thank you, supervisor walton. Supervisor mandelman i move that we move this to the full board with positive recommendations. Clerk on the motion that this be forwarded to the full board, stefani aye. Walton aye. Mandelman aye. Mr. Chair, there are three ayes. Motion passes. Okay. Clerk sorry, i may have supervisor mandelman the motion passes. Please call the next item. Clerk agenda item number 3 is ordinance amending the public works code to authorize the public works director to impose administrative penalties and fines for Illegal Dumping and to provide enforcement remedies for Illegal Dumping. Clarify that each act of Illegal Dumping constitutes a separate violation subject to abatement or enforcement action, amending the police code to provide procedures for assessment and collection of administrative penalties for Illegal Dumping and affirming the Planning Departments determination under ceqa. Members of the public who wish to comment on this, call the number. Enter the meeting i. D. Press the pound symbol twice to connect to the meeting and then press the star key followed by the number 3 to enter the queue to speak. Supervisor mandelman supervisor walton, this is also your item. Supervisor walton thank you so much, chair mandelman, and thank you for the committee for obliging me this morning. This ordinance is to revise article 26 of the administrative and public works code on Illegal Dumping. Illegal dumping has been very prevalent in our many neighborhoods. Last year we had over 91,000 Service Requests for Illegal Dumping in San Francisco for public works and recology. In district 9 and 10, we have had the most cases of Illegal Dumping out of the entire city. In district 10, because of many Large Industrial and open areas, this has been a hot spot for Illegal Dumping. Annually, it cost the city 10 million each year to pay for the department of public works and recology to clean up illegally dumped items. For the last year my office has been working closely with public works, recology, San FranciscoPolice Department and City Attorney to come up with solutions to eliminate Illegal Dumping and stop people from putting their trash and debris out on our streets and sidewalks. We held a hearing last year in march to address some of these concerns and from that we have developed this ordinance that will redefine and expand the definition of Illegal Dumping. Including what constitutes as commercial waste, electronic waste, and prohibited materials. This ordinance will also clarify the types of violations as well as add enforcement allowing public works employees designated and the police code to use to Issue Citations. At the moment right now, only sfpd may Issue Citations to people caught in the act of Illegal Dumping. So this also takes away the opportunity for negative contact with Law Enforcement and allows the department of public works to work within the community to Issue Citations. We did receive suggestions as to not preclude any other Government Agency from investigating and bringing enforcement action for violations of californias law on Illegal Dumping. For example, the District Attorney prosecutes dumping cases under California Health and safety code 25189. 5, with minimum fines of 5,000 per day. As another example, our Office BringsCivil Enforcements actions for Hazardous Waste disposal under section 25189. 2 with fines up to 70,000 per day. With that said, we have a couple of amendments we want to propose. These are four minor amendments. I believe both of my colleagues have a copy. And the amendments start with page 1, lines 4 and 5, streamlining the title by removing and two and amending the public works code so it now reads as, ordinance amending the public works code to authorize the public works director to impose administrative penalties and fines for Illegal Dumping. And to provide for additional enforcement remedies for Illegal Dumping. Amending the public works code to expand the definition of Illegal Dumping to capture electronic waste and to clarify that each act of Illegal Dumping constitutes a separate violation subject to abatement or enforcement action. Amending the police code for collection of administrative penalties for Illegal Dumping. And affirming the Planning Department determination under the California Environmental quality act. Also on page 2, line 23 and 24, adding, or any other Government Agencies, as to not preclude other Government Agencies from enforcing municipal and state law. Page 3, lines 9 and 10, redefine call by adding means any expenses incurred by the city in addressing Illegal Dumping and Illegal Dumping violations. Including on page 7, line 23, adding, or Civil Enforcement action. It is time that we have the tools that equip us to help keep our communities clean, to stop some of, quite frankly, these contractors and businesses and people who either come from other areas out of town, or come from other communities and dump in our neighborhoods. We want to do everything we can to stop this behavior, to ultimately keep our streets clean, keep our folks safe from hazards and other nuisances that come as a result of this Illegal Dumping. Thank you, chair mandelman, supervisor stefani, and i look forward to moving this forward with a positive recommendation. Supervisor mandelman great. Thank you, supervisor walton. I understand larry stringer is here for questions, but doesnt have a presentation of his own, right . Or yep. Good morning. Larry had an unexpected emergency this morning, so im here if there are questions. But i would like to say we fully support this and applaud supervisor walton. Supervisor mandelman great. I dont see questions, so we will go to Public Comment. Thank you, mr. Chair. Operations is checking to see if there are any callers in the queue. Let us know if we have callers. For those already connected to the Meeting Press star followed by 3 to be added to the queue if you wish to speak to the item. For those on hold, begin to wait until you hear a prompt. You will hear your line has been unmuted. Those watching on channel 26, sfgovtv, if you wish to speak on the item, you can call in by following the instructions on your screen. Dial the number, enter the meeting i. D. , press pound symbol twice, and then press star followed by 3 to enter the queue to speak. Could you connect us to our first caller if they are ready . Mr. Chair, there are no callers in the queue. Supervisor mandelman all right. Public comment is now closed. Supervisor stefani i want to say that i was at the hearing, i believe it was last year that supervisor walton called on. This im glad to see this proposed ordinance is the result of that very good work and i would like to add my name as cosponsor. Thank you again, supervisor walton. Supervisor walton thank you, supervisor stefani. Supervisor mandelman and i will also ask that i be added as a cosponsor. Clerk noted, thank you. Supervisor walton thank you, chair mandelman. Supervisor mandelman i will move that we accept the amendment. Clerk on the motion offered by chair mandelman to accept the amendment, vice chair stefani aye. Walton aye. Mandelman aye. There are three ayes. Supervisor mandelman the motion passes. And then i will move that we forward the legislation as amended to the full board with positive recommendations. Clerk on the motion offered by chair that it be offered as amended by chair stefani aye. Walton aye. Mandelman aye. Mr. Chair, there are three ayes. Supervisor mandelman great. Motion passes. Supervisor walton thank you. Supervisor mandelman congratulations. Thank you. Mr. Clerk, please call our next item. Item 4 is ordinancele amending the health code to require the director of health to adopt minimum health and Safety Standards governing the operation of commercial adult sex venues, but prohibiting the director from adopting standards that require monitoring of patrons sexual activities or that regulate doors or mandate unlocked doors in areas where Sexual Activity may occur. Members of the public who wish to comment call the number on your screen. Enter the i. D. Press pound symbol twice to connect to the meeting. Then press the star key followed by the number 3 to enter the queue to speak. Mr. Chair . Supervisor mandelman thank you, mr. Clerk. Colleagues, thank you for hearing this item today. The ordinance for us will require the department of Public Health to update their minimum health and Safety Standards for commercial adult sex venues and adopt standards that require monitoring. At the height of the aids epidemic in 1980s, they targeted bath houses frequented by gay men. They remain in place to this day. Decades later with the emergence of San Franciscos success in reducing new h. I. V. Diagnosis to under 200 for the First Time Since the 80s, these regulations have no remaining Public Health rationale. In the midst of the pandemic, were reminded that our best Public Policy directions are driven by facts, not by panic. The closure of the bath houses in San Francisco and the decades long policy of patron monitoring have no scientific justification today. This ordinance does not and will not require or allow the reopening of adult sex venues in San Francisco before it is safe to do so as part of our covid19 reopening. Adult sex venues have continued to operate in San Francisco since the 1980s, albeit with pat tron monitoring and no private rooms. Theyre one of the many types that our Public Health order has temporarily closed. This ordinance does nothing to change that. During the 70s and early 80s, bath houses were a focal point and Important Community meeting places where friends gathered to share stories, dance or watch a live show. Covid19 has resulted in the closure of many small businesses, a deadening of our commercial corridors and record unemployment in San Francisco and around the country. I hope this ordinance will make the operation of adult sex venues more feasible. The ordinance will amend the health code to require the department of Public Health to adopt new minimum standards governing the operation of adult sex venues and prohibit them from monitoring sexual activities or regulate doors or mandate unlocked doors in areas where Sexual Activity may occur. Throughout the drafting of the ordinance, we consulted with the department of Public Health. We initially hoped to hear this item in committee four months ago, but it was delayed until now so it did not interfere with the d. P. H. Covid response. They said the requirements not be adopted later than july 1, 2020. D. P. H. Has prepared an amendment which i believe has been circulated to all of you, can be found on page 4, line 16 of the amended ordinance that pushes that date to january 1, 2021. I want to thank director grant colfax and Public Health departmenter director rivera for their openness to the ordinance and all their work. Weve consulted with community and stakeholders including the San Francisco aids foundation. I want to thank laura thomas and joshua okneel for their guidance. And i want to thank tom in my office for all his work on the ordinance. Im happy to answer questions. I believe we have dr. Seuss su su san philips. I see no questions. Lets go to Public Comment. Clerk mr. Chair, operations is checking to see if there are any callers in the queue. Let us know if there are callers ready for those already connected to the meeting by phone, press star followed by 3 to be added to the queue. For those on hold in the queue, wait until youre prompted to begin. For those who are watching our meeting on cable channel 26 or via streaming link or sfgovtv, if you wish to speak on this item please call in by following the instructions on your screen. Dial 408 4189388, enter the i. D. Number, press the pound symbol twice, and then press star followed by 3 to enter the queue to speak. Could you connect us to our first speaker, please. Supervisor mandelman i will say just remind folks, that speakers have two minutes. We ask you that say your first and last name clearly and directly into the phone. If you have prepared a written statement, youre encouraged to stand a copy to our Committee Clerk for inclusion in the official file. In the interest of time, speakers are encouraged to avoid repetition of previous statements. Lets hear our first caller. Good morning, supervisor mandelman and committee members. My name is paul, im a fifth generation san franciscan and member of the aids foundation and h. I. V. Network. The initial decision to close the bath houses was based on fear, shame, stigma and homophobia. Now we have covid19 which is teaching us the importance of basing our decisions on scientific facts and data. We also have effective prevention which is the reason why we closed the bath houses. I encourage the committee to approve the bath house legislation since its currently outdated and needs to be changed to reflect the times. Thank you for your time. Supervisor mandelman thank you. Next caller. Good morning. My name is race bannon and im a long time writer, activist and organizer living in various lgbtq communities and resident of San Francisco since 1994. The legislation of today aligns with two of my areas of expertise and passion. While i do not know if new sex venues will go forward, i know if one should materialize without privacy agency, leads to Poorer Health outcomes. If someone was abiding by this legislation guidelines, i know they might be doing so because their living situations might not allow for an affordable place. I know they cater to the widest demographic possible they are able to deliver Important Health information they would often miss out on. I know that along with Good Sexual Health information, should they need to communicate with a partner personal boundaries and parameters to make it safer, they can do so better if a modicum of privacy is provided which human beings deserve. I strongly urge you to support the legislation which syncs where were at culturally in San Francisco. Thank you very much for your time. Supervisor mandelman thank you. Next speaker, please. That completes the queue. Supervisor mandelman great. Well, then i will close Public Comment. And i will move to accept the amendment. On the motion offered by chair mandelman to make the amendment, vice chair stefani aye. Member walton aye. Chair mandelman aye. You have three ayes. Supervisor mandelman great. The motion passes. I will move that we forward the ordinance as amended to the full board with positive recommendation. Clerk on the motion to recommend as amended, vice chair stefani . Aye. Member walton aye. Chair mandelman aye. Mr. Chair, there are three ayes. Supervisor mandelman great. The motion passes. Thanks, everyone. Mr. Clerk, are there any more items before us today . That concludes our business for today. Supervisor mandelman we are adjourned. Thanks, everyone