Transcripts For SFGTV BOS Public Safety And Neighborhood Ser

Transcripts For SFGTV BOS Public Safety And Neighborhood Services Committeee 20240712

Physically presentment Public Comment will be available for each item on this agenda. There a Public Comment callin number across your screenful your opportunity to speak and speak during Public Comment speder available via phone by calling 4156550001. Once youre connected and prompted, enter the meeting i. D. Of 1469328582. Then press pound twice to be connected to the meeting. When connected, you will hear the meeting discussion, but will be muted and your line will be in a listening mode only. When your item of interest comes up, dial star followed by 3 to be added to the speaker line. A system prompt will indicate that tough raised your hand. Please wait until the system indicates that youve been unmuted and may begin your comments. Best practices are to call from a quiet location to speak slowly and clearly and turn down your television, radio or streaming device. Everyone should can the for speaking delays and discrepancies between the live coverage and the straoel,. Alternatively, you may submit Public Comment by emailing me, the clerk of the Public Safety neighbourhood and services committee. My email address is john. Carroll sfgov. Org. If you submit Public Comment via email ill include your commentary as part of the legislationive file, whichever youre commenting on and you may send written comments via the u. S. Postal service and the address is 1 dr. Carleton goodlet place. And finally mr. Chair, items the acted upon today will appear on the board of supervisors agenda of october 20, 2020 unless otherwise stated. Great. Thank you, mr. Clerk. Can you call our first item . I can. A hearing to consider the transfer of a type21 offsale general beer, wine and distilled Spirits Liquor license to golden state food and liquor incorporated, located at 1859 market will serve the public convenience or necessity of the city and county. Members of the public that wish to provide Public Comment should call the Public Comment now. That number is 4156550001. Enter the meeting i. D. It is 1469328582. Press the pound symbol twice to connect to the meeting and then press the star key followed by the number 3 to enter the system to speak. A system prompt will indicate that you raised your hand. Please wait until it indicates that your line will be unmuted. Mr. Chair . Thank you, mr. Clerk. Colleagues, we continued this item on september 24. At the time there was some ambiguity about whether the applicant had agreed to all of the conditions of the license. I understand that we have [inaudible] from the a. L. U. Good morning. Good morning. Go ahead. Did we get documentation of agreement of the conditions . Yeah. It looks like as of october 1, the applicant signed and agreed to the condition that we presented at the last p. C. N. Great. Thank you. If the applicant is here, we can give you a moment to say anything else or if the applicant is not here, well go to Public Comment. Yeah, im here. We signed the conditions and we sent it out to the abc. Ok. Thank you. Lets open this up to Public Comment. Thank you, mr. Chair. Operations is checking to see if we have any caller in the queue. Please let us know if we have any callers that are ready to speak on agenda item number 1. If those who have already connected to our meeting via phone, please press star followed by 3 to be added to the queue if you wish to speak to this tome. For those on hold, continue to wait until youre prompted to begin. Those watching our meeting on cable channel 26 or streaming through sfgov tv. Org, if you wish to speak, please call in now by following the instruction on your screen. That would be by dialing 4156550001 and then by entering the meeting i. D. Of 1469328582 and pressing the pound symbol twice. You will connect to our meeting followed by press star followed by 3 to speak. Do we have any callers . Operator mr. Chair, there no caller in the queue. Great. Public comment is now closed. Colleagues, i am prepared to direct our clerk to prepare a resolution to transfer this license and will serve public convenience and necessity and i will move that we forward that to the full board with positive recommendations. Mr. Clerk, please call the roll. On the motion offered by chair mandleman that a resolution [inaudible] necessity be recommended to the board of supervisors [roll call] mr. Chair, there are three ayes. And the motion passes. Congratulations, mr. Sharif. And mr. Clerk, please call the next item. Agenda item number 2 is an ordinance amendsing the police code to make it unlawful to cause a peace officer to contact a person swt specific sfwoenlt discriminate against the person on the basis of the persons race, colour, ancestry, ethnicity, national origin, place of birth, sex or religion or gender identity. Members who wish to provide Public Comment on this ordinance should call the Public Comment number. It is still 4156550001. Then press pound twice to be connected to the meeting. When connected, you will hear the meeting discussion, but will be muted and your line will be in a listening mode only. When your item of interest comes up, dial star followed by 3 to be added to the speaker line. A system prompt will indicate that tough raised your hand. Please wait until the system indicates that youve been unmuted and may begin your comments. We will hear Public Comment before we vote. But i understand that supervisor walton may have remarks that also has a speaker for us. Supervisor walton . Thank you so much, chair mandleman. Thank you, again, committee. As you know, we have two amendments from our last Public Safety and Neighbourhood Services meeting for the [inaudible] and today we are going to close the loop on this and forfeit to the school board. Before we do, we have mr. Sal salvador to speak about Assembly Bill 5050 which is a similar bill that was introduced at the state legislature. I believe yurio is here and mr. Salvador, you are on if you are here. There we go. Yes, a imhere. Sorry. I was on mute. Committee, committee and supervisors. Im a legislative aide and im here to speak in support of item number 2 relating to discriminatory reports to Law Enforcement which is sponsored by supervisor walton. This year at the california state legislature, as the supervisor indicated, we introduced similar measures, ab5050 to address this issue. We subsequently merged with 807075 to join the efforts of our Public Safety chair. The aim was to provide that intimidation by threat of violence, including knowingly or recklessly making false claims or reports to peace officers alleging that another person was engaging in unlawful activity merely because of their particular [inaudible] such as race, ethnicity, racial profiling and so forth. It is an unlawful activity and should not require Law Enforcement intervention and so we basically try to balance not allowing discrimination of marginalized communities for basically living their lives out in public spaces, by providing a disincentive and legal accountability for those residents. The bill passed with strong bipartisan support as to both chambers and got assigned earlier in september by governor newsome. We think that this is very important step to ensuring that we have equity and making sure that our Emergency Responders do work for all of our constituents and i strongly urge a vote for item number 2. Great. Thank you. I want to thank you for introducing this. I want to thank all of my colleagues here on the board of supervisors for sponsoring this legislation, which is important. We need to do everything to fight racism and discrimination and stopping people from weaponizing 911 and using Police Officers against the community. Dining resumed. It is now set to expire at the point of 50 on site dining. But we know even then, as they were before the pandemic, restaurants will be struggling and while before this was about protecting restaurants, now its really about allowing restaurants to giving them the flexibility to build their own model. It sets a cap on the commissions and our legislation originally proposed a 10 cap among the amendments ill make this morning or present to the Commission Committee this morning, is to raise that from 10 to 15 . And then it addresses a whole host of other practices that weve seen emerge over the past year, year and a half. It would allow restaurants to set their own prices in the app on menu items. We were looking at contracts earlier this year, at the end of last year, that were actually setting a 30 cap on commissions and on top of that, prohibiting restaurants from having the flexibility to even recover some of that commission by setting a slightly higher price in the app. And i think what we were missing there was that Food Delivery Services were actually competing directly with the onsite Dining Experience on restaurants. And by saying you cant charge a higher price in the app than you charge for indoor dining, they were actually saying we want to peel off some of your Consumer Base that enjoys the on site Dining Experience for the delivery app and we dont want them to face a higher price and that was kind of a problematic a really problematic point were addressing in this legislation. There were other really key parts in the legislation. This morning ill talk about an amendment that requires third Party Food Delivery Service Companies to terminate a contract within 72 hours of receiving notice from a restaurant, that they would like to terminate. And on top of that, one last piece that actually was the subject that state legislation recently, which prohibits Delivery Services from providing services to any restaurant without first having a written agreement in place. And that addresses the problem that we were observing where restaurants are being lifted on some of these Food Delivery Service apps and their menus were inaccurate. The restaurant would receive an order and have to hustle around and figure out how to make the order that was no longer reflected on the menu. That was because of the accuracy of a informed and apparent written agreement between the Food Delivery Service app and the restaurants. So im happy to walk through the amendments now. We can wait until after Public Comment in the chair prefers. This is genuinely about restaurant recovery to that end, we have i am also proposing and this is the subject this has been the subject of a lot of conversation with our Restaurant Industry stakeholders and the Food Delivery Service companies, a two year sunset in this legislation. Really and that twoyear flash point has become relevant in a few other context. Whether thats shared spaces, fee waivers. Whether thats prop s. That twoyear recovery thing is reflected in a lot of other policies and im proposing we introduce that here. I think this is a fast moving conversation. These are quickly evolving conversations both on the delivery side and i think that two years provides restaurants the space they need to recover while respecting we might live in a very different world and this conversation may look a lot different in two years. With that, ill stop talking or at the chairs recommendation, i will walk through the amendments, or i can do that after Public Comment. Why dont you walk through the amendments . Sure. So first, there is a new finding which we would like to insert at the bottom of page 4, reflecting the rationale of the legislation to require the restaurants express consent and also giving third party Food Delivery Services the option to terminate contract promptly. Moving through this legislation, at the bottom of page 5, the amendments that are circulated reflect our the place where we are at right now, which is to raise the proposed 10 tax to 15 cap. Again that reflects the 15 in the mayors supplemental declaration and the understanding there being that 15 has actually been working for most of the restaurants that were talking to. Moving down on page 6, a new subsection c, this would make explicit an allowance for Food Delivery Services to charge a point of sale processing fee up to 3 of the purchase price. And further require that 3 point of sale be itemized separately in the agreement so that it is distinct from the 15 Commission Cap. Moving down at the bottom of page 6, a new section, 5305, prohibition on Services Without written consent by a covered establishment. Now this was, again, the subject of state legislation, so this merely reflects what the state Legislature Just passed and requires that third party Food Delivery Services enter into a written agreement with a restaurant before offering Delivery Services to that restaurant through the app. On page 7, a new section, 5306, termination of the Services Within 72 hours of notice by a covered establishment. Again i spoke this to this. This allows the flexibility to provide written or oral notice to a Food Delivery Service app and be able to remove themselves off the app within 72 hours of that notice. And in the interest of trying to ensure that there is a person available to issue that communication to, weve issued weve included a variety of options. Whether that is an individual whose name is in the written agreement with the restaurant. I think the bestcase scenario is its an easy Customer Service point of contact in the app itself. Or the agent on the california secretary of states website. I think amendments on page bottom of the page 7 are nonsubstantive, just correcting the code citation, the numbers to reflect the proper cross references and that continues through page 8 as well as page 9. And then lastly, on page 10, as i spoke to, we are proposing a sunset date and that occurs and this will be removed from the police code two years from the Effective Date of this ordinance. Of course, the board can act in that interim two years to further extend this or to modify this based on whatever conditions were observing in this quickly evolving space in the next two years and that concludes the proposed amendments. Thank you. I notice that we have here as well, and wanted to see if you wanted to add anything. Are you just here for questions . [please stand by] [please stand by] there for theo review, but the commission did take action on this item and chose to unanimously support it to give an indication of the direction of which the commission determines that we need to go in to support our Small Businesses. Ive reviewed amendments that mr. Hepner has provided the committee, and these are very much along the lines of these additions are welcome additions and are along the lines of needs expressed by the commission and our Small Businesses. So just to provide you with that information as well. And with that, i will be happy to answer any questions. Thank you. Well, i think we can well, i will just say that i this is legislation, this is the kind of legislation that makes me proud to be a san franciscan. This seems like local government is identifying a vexing and real problem for our Small Businesses, particularly for our restaurants, and stepping in and doing some smart things to try and address those, those needs and those challenges, and i certainly want to thank supervisor peskin, and as come to be known, the lovely lee hepner, mr. Hepner, for all of your work on this as well. And with that, i think we can open this up for Public Comment. Thank you, mr. Chair. Operations is checking to see if we have any callers in the queue. Please let us know. Please press star followed by 3 to be added to the queue to speak if this is your item of interest. For those already on hold in the queue, please continue to wait until you are prompted to begin. You will hear a prompt that indicates your line is unmuted. For those watching online or on tv, if you wish to speak on this item, please call in now. You would do so by following the instructions on your screen, 4156550001. When prompted, you would then enter the meeting id of 1469328582, and then you would press the pound symbol twice. Then finally to queue up to speak for this item, you press star followed by three to enter the line to speak. Could you connect us to the first caller for this agenda item . Members of this committee, good morning. My name is brent wescot and im a legislative policy advisor at a San Franciscobased company which also includes the caviar grand. I want to thank the committee for this thoughtful consideration of this important issue. This conversation is occurring at a critical moment for restaurants, and we know that we have a special responsibility to them, our customers and delivery drivers and Diverse Communities we serve. I also want to thank supervisor peskin for his leadership and willingness to engage stakeholders on this issue. We look forward to continuing this work ove

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