>> item number 1. gwen stefani. >> here. >> mark dwight is absent. commissioner. >> here. >> (music on). >> commissioner miriam zouzounis. >> here. >> -- commissioner adams, mr. vice president you have a quorum. >> all right. thank you. item number 2. >> item number 2 general public comment. >> okay. do we have any members of the public that would like to come up and make public comment on anything that's not on the today's agenda? (music on). seeing none. public comment is now closed. next item please. >> item 3 approval of legacy business registry applications and resolutions. the applicants today are red and white fleet and ruby sailing. presenter is the program manager and all are considered together the commission or staff or public request otherwise and should be considered as a separate item here or at a future hearing. >> good evening. commissioners. i am the legacy business program manager. i and ruby sailing. presenter is the program manager and all are considered together the commission or staff or public request otherwise and should be considered as a separate item here or at a future hearing. >> good evening. commissioners. i am the legacy business program manager. i have a powerpoint presentation today. before you today are two applications for consideration for the businesses to be included on the legacy business registry. the applications were reviewed by me for completion and submitted to the planning department staff on february 15 for their review. the historic preservation commission heard the applications on march 15 and made positive recommendations to the commission. for each applicant your commission packet contains a staff report, draft resolution, the application, a case report from the planning department staff and a resolution from the historic preservation commission. there are copies on the table for the public. (paused)to the 1915 pan nana exhibit and during the exhibit on treasure island it offered sightseeing tours of the newly constructed bay bridges. launching the company's signature golden gate day cruise that is still popular today. red and white fleet tours were in full swing by the 40's and operated by his grandson who purchased the business from the crowley maritime corporation in 1997. item 3 b is ruby sailing. the business began in 1981 offers private and public sailing cruise for san francisco bay of residents and visitors and the namesake ruby was designed by josh pryor the sail boat's captain and got coast guard certificate of inspection and offer trips of up to 30 people. ruby sailing launches school cruises and trips and whale watching and tours of the views of the bay bridge and fisherman's wharf and alcatraz and winner of [inaudible] race and earning a positive reputation for impeck believe quality construction and sailting and ruby sailing has been a important contractor to the boast commerce in the city. both businesses received a positive recommendation from the historic preservation commission. after reviewing these applications and the recommendations from the historic preservation commission staff finds that the businesses have met the criteria to qualify for listing on the legacy business registry. there are two draft resolutions for consideration by the small business commission, one for each of theistry legacy business registry applicants and a motion should be in favor of the resolutions. in the resolutions please pay close attention to the core physical features or traditions that define the business. once approved by the small business commission the businesses must maintain the physical features or traditions in order to remain on the legacy business registry. for red and white fleet it's very service and ferry sight touring tours of san francisco bay and for ruby sailing it's sailing cruises of san francisco bay. this concludes my presentation. i am happy to answer any questions that you might have. >> any questions or do you want to go straight to public comment? let's open it up right now for public comment. do we have anybody for public comment on these? anybody for public comment? >> do we have any of the owners here that want to comment? >> would anybody like to speak on public comment for item number 3? >> i have no cards. >> okay. seeing none. public comment is now closed. commissioners do we have a motion? >> i move to approve -- >> [inaudible] [off mic] >> approve the resolutions. >> [inaudible] [off mic] >> adding these businesses to the legacy business registry. >> and red and white fleet i will say that's very much part of san francisco's legacy and it's our heritage. i mean what would the bay be like without red and white fleet? >> so we have a motion on the floor to approve the resolution. >> do we have a second? >> i second. >> okay. motion by commissioner ortiz-cartagena and second by commissioner riley. commissioner adams. >> yes. >> commissioner dooley. yes. >> commissioner ortiz-cartagena. >> yes. >> commissioner tour-sarkissian. >> yes. >> commissioner riley. >> yes. >> zouzounis. >> yes. >> that motion is approved unanimously 6-0 with one absent. >> great congratulations. [applause] next item please. >> item number 4. board of supervisors file no. 170240 police building code lactation in the work place. ordinance amending the police code to choir employers to provide employees breaks and ac laigz and policy in the work place specifies a process which the employ i makes a request for accommodation and defines minimum standards for lactation accommodations or spaces and requires newly constructed renovated buildings designed for certain uses and have lactation rooms and outline practices and meangd the building code to specify the codes for lactation rooms for new or renovated programs for designated use and making findings and including environmental findings including the california health and safety code and directing the clerk of the board of supervisors to order this ordinance to the california building standards commission upon final pakz. discussion and public action item. presenter is ashley summers legislative aide at office of supervisor katy tang. >> thank you. good evening commissioners. again i am ashley summers and a legislative aide to supervisor kate keatd and i am here to show the proposed lactation in the policy that would amend the codes. first i would like to provide an overview of what the legislation does. it will require employers to develop and have a lactation policy and include a statement about employee's right to request accommodation and the policy which they make the request and the policy must be in a handbook or set of policies made able to employ --s and must be distributed to new employees upon hiring and when employee makes an inquiry of parental leave and must respond to the accommodation within five basis. if the employers cannot provide a location that complies with the policy they must provide a written response to the employee and the employers must have a written of request for three years from the date of request and has requirements around break time and space. lactation break time requirements are consistent with federal and state requirements which i will share later. lactation space cannot be a bathroom and must be comsimmity to work area and free from view and intrusion and a wall is preferred employers don't not have to build a room or required. must be free of toxic and hazardous materials and breast pump and requirements and police to sit and deas to electricity and provide water but not in the lactation space itself. when there's multi-purpose rooms used for lactation needs that need takes precedent over iewrses and tenants can provide a shared space among employers. exemptions are allowed and a employer can demonstrate hardship which shifts in federal law. we are requiring rooms and construction in new remodeled buildings and lactation space of at least 10,000 square feet and remodels of at least 10,000 square feet if the project is more than $500,000 and required upon square footage and occupant loads in employee designated areas and not all areas and reed moels are exempted if they're fulfilling the requirements for the lactation within existing space and remodels are exempted from building a sink if the plans do not include plumping. rooms require a perform sign outside the door and indicate the use as a lactation room. new construction need to be 50 square feet and one electrical outlet and sink with running water and 500 feet of walking distance from the farthest employee work space and requires the department to develop best practices and resources and model lactation policy and request form and my colleague grace will share that information with you. our office has been working with a variety of stakeholders including the business community including the golden gate restaurant association, the chamber of commerce, the committee on jobs, sf council on district merchant associations and office of small business and the reason that we're bringing this legislation fort is because of the numerous health benefits breast milk provides and protecting the mother and child from diseases and the american academy of pediatrics recommends feeding them for six months and one year and beyond but the san francisco department of public health report that's majority of women in san francisco do not exclusively breast field despite it's available. there are disparities in san francisco among socio-economic groups and low income mothers and use service experience low breastfeeding rates and between birth and one month most portum and 20% are exclusively breast fielding and 16% participating in wic are participating at six months of age and the hospitals searching low income have the lowest rates. mothers that return to work are typically returning before the babies are eating solid food and leaving a hard choice and provide the best milk still or at all and there are barriers including social support practices and the need to return to work and adequate accommodations. asking an employer to provide lactating accommodation can be a difficult decision to have and there are no mechanisms to facilitate that discussion. women who have both adequate break time and a private space are 2.3 times to be exclusively breast feet feeding at six months and less with each month without accommodations and federal and state law prior accommodations to employees. while the federal law applies to companies with 50 or more employees and to non exempt employees the california law relies to all companies so employee are covered. federal law ask that mothers are given reason break time up to a year after the birth and a place other than a bathroom and shielded from view and the public to express milk and may use break times and not taken concurrently with paid breaks. so california law is very similar but it does not have an upper age limit so the federal law allows women to pump for up to one year of the child's age and california law does not have an upper age limit so i am wondering what you think is reasonable break time? every mother is different therefore the time they need to pump is different but generally speaking a break is 15-20 minutes, two times during the eight hour shift. these breaks -- this is not part of the legislation. it's existing law. they can be break at times of normal breaks but breaks in excess are not required to be paid. business that provide the space will see a return on the investment. breastfeeding lowers costs and cancer and diabetes and heart disease and women recover faster and infanlts require fewer visits and they're absent less and one day absences occur more with those that not breast fed. women that get more support when returning to work with a program or accommodations likely to return to work earlier and i wanted to share a couple of examples of businesses that have benefited from breastfeeding programs. they're larger businesses. cigna reported $240,000 savings in expenses for breastfeeding mothers and children and 77% less reduction in loss time due to illness and $60,000 savings and 72 and a half at six months compared to the national average at 21%. in home below in georgia implemented a program and two lactation rooms and multiple users in private areas and reduction in employee absenteeism of three days per employee compared to the national average of nine days in the first year of the child's life. these of course are larger companies with more resources than the small businesses which we understand so i am sure you're wondering how some of the challenges businesses with the city will comply and the questions over the course of developing the legislation so these are examples what business owners can transition into a lactation space. unloseed office or other room, closet or small storage area, sectioning off a corner of a room with permanent walls or partitions or adapting a small unused or under utilized space as manager's room or meeting room or other space. aside from the minimum requirements and the clean service and chair and electricity amenities can be simple or more elaborate based on the needs. we want to provide resources for the businesses as they comply with the law. we'll disseminate the information through the stakeholders that provided the input through the process and our office is working with dph and hosting information on the website which grace can provide more information about and we've been working with the office of labor standards and enforcement to ensure their office is able to enforced requirements of the ordinance and if you like i did bring some pictures of some examples if you wanted to see them but i will leave that up to you. that will end my presentation. >> okay. questions? commissioner tour-sarkissian. >> i would like to kind of clarify a few things. >> sure. >> the federal law sets a threshold which is 15 employees. the state law does not and the city and county does not. what is the definition of employee in the city? how do you define an employee under the law -- under the new ordinance? full time? part time? ten hours? 15 hours? >> well, i have the draft right here. i also have the city attorney here who has drafted this ordinance so it says "employees shall mean any person employed with the geographical boundaries of the city including part time employees". >> part time means 20 hours? >> well the state law does cover every employee. it doesn't include anyone so we're not more restrictive but if you want -- >> what i am trying to figure out also and that would be nice because for a city employers to comply we would like to clarify the difference between state and city, correct? >> uh-huh. >> what are the difference in the definition? is that the same? >> i can find that out for you and provide that later. okay. >> as far as the exemption is concerned since there is an exemption in the state and the city to what extent the exemption is stricter or larger, wider, more between the two? i see that the penalties are higher for not complying. i am jumping from one topic to another and i am writing. i am assuming you're going to answer the question. >> first i wrote down you wanted to know the definition of employee between what the state and city considers an employee? >> yes. >> and i will find that out for you and the exemption is it different between the two? so the exemption is reflective of the federal exemption which is actually a little more specific than the state exemption so it covers financial burden, size burden, operational burden, so i think it's pretty inclusive of the things that we heard from small businesses that might prevent them from complying so our office of labor standards and enforcement would wren force that and be able to gauge based on the legislation. >> to the extent the requirements under the ordinance are stricter of course, and to the extent ordinance would apply to all employers like in the state. there are more restrictive and conditions. how are we reaching the -- since you said that we had an outreach program. how are we reaching all businesses? since we don't track the very small ones, and how are we -- you know, kind of spreading the word as they say? >> that's a really good question, so initially we're working with the stakeholders that have been involved drafting the legislation but once it passes one of the hing things that folks asked us to do is make sure that the folks that interact with small employers are aware of the well and resources to help small businesses comply and we heard questions that are easily answered or business owners that just don't understand and that is totally understandable because even i as a mother didn't understand it before i had my daughter, so make sure that all of the employees that interact with small businesses in the county are trained about what is required and where the resources are so on the department of public health website primarily and then once it passes would look to some of the merchant it is associations to go and attend the meetings and disseminate information about the law. >> >> and any other suggestions that you have about non-profits or other groups to share information we're happy to do that because i think we don't want to pass something and it sit on the shelf and make sure people are aware it passed and how to comply. >> the concern is the state law passed in 2002 and passing a more -- not restrictive but has more conditions and we ought to share that with the potential employers and the city and county of san francisco. >> yes. >> to all employers small or tiny businesses and these small businesses don't have the resources to be -- to check websites, don't have the time, so we noticed on this commission the best way of informing is reach out to them and i am concerned how are we going to do that to make sure they don't violate the law as it is different than the state law. >> i just want to be respectful of my colleague's grace from dph and she has to leave by 6:00 o'clock and if you want commentary on what they're doing before i answer the rest of your questions. is that okay? >> sure. >> we understand that they're a lot of difficulty faced by micro businesses and small businesses. however, we really want to provide resources to help small businesses and micro businesses in order to provide lactation accommodations for our low income women, so on the website we're going to have links to the federal women's health -- they have a lot of -- they have over 100 type of businesses including a lot of small businesses to provide. they have samples and models to provide lactation accommodations down to using a closet that is free from toxic materials and the emphasis is not a bathroom. okay. empty chamber to a bathroom is allowed and we also -- they're very creative. some of the resources from the state they provide lactation accommodation for farm field workers. it's so simple. they just have a tent that they weigh down and they use a pump that runs on battery, and one of the other creative model is they use a bus at the strawberry field and they put the -- what do you call that? the shield to cover the windows and again they use a battery for pumps, and another creative thing they did is they used the portable bathroom to convert into lactation room, so there's different things to do. we can -- i remember when my coworkers need to pump breast milk at a meeting. what my boss did she put a screen to cover her, so it can be as simple as that to provide space. the break time is another issue because a lot of businesses they don't have one employees so the employee take a break and no one is there to cover, and that's another area that we need to look at. for providing a break time doesn't have to be a paid time, doesn't have to be a paid break. we always encourage moms to be communicate with their employers, so we created a form to request and we create a sample policy which will be -- okay. yeah. and we are still in the process of making a simple but inclusive policy and also the request form. okay. any questions? >> can i continue my questions? >> yes or commissioner ortiz-cartagena. >> why don't you continue first? >> okay. what is the logic of not paying women during that break? is there a reason since we are -- it's a policy. what is it on state and is state different -- >> the state actually requests the employers to provide break time but if she's spends more time than her paid break time she can negotiate with her immediate supervisor and at the discretion of the supervisor whether or not she's allowed to use unpaid break time or she use vacation time. >> she can use -- she should not be using the ten minutes in the morning or ten minutes in the afternoon or every four hours she would have otherwise as a break time for lactation. she can? >> yes, she can. >> so that would be paid, correct? >> right. >> is it timed accordingly, so -- if it is timed for that ten minutes break. >> right. if she can finish pumping and storing the breast milk walking to the station -- if she can do it within ten minutes, 15 minutes of the paid break time then it would be. >> before you leave i wanted to ask another question. >> i'm not leaving yet. >> you're not allowed to count the time for the person to get there or come back so it's good if it's close, and the break time must be paid if it runs concurrently with the normal break time so for example a mom might use the ten in the morning and afternoon and add another ten and negotiate with the employer whether that's flex time, paid time, unpaid time and then the lunch break and i know for example -- this isn't really applying to this but teachers for example might pump when they get to work in the morning and before they leave school and once at lunch but they're not leaving the classroom to do it necessarily so it can work a lot of ways. >> just the lunch break and come back -- [inaudible] and the lunch break is required at least half an hour for lunch break. now, how do you tie this with the lunch break? can you classify that issue? >> they can go ahead and bump on the lunch break. >> it's not like you get an extra break. >> >> and you can eat the lunch too if you want. >> as long as you're not working. it's part of your break and you can do anything you want including pumping. >> correct. and shopping on amazon which a lot of moms do. >> i'm sorry. >> no, please. >> a lot of moms express the gratitude to the employers and it really create good will and they would feel loyal to the employers. >> good. i have one more question and i don't want to -- you have talked about resources and for the benefit of those who are listening would you please -- so in other words if you want to accommodate one of your workers you have those resources, you have questions. do you call a number or you can access a website you were about to clarify that issue wanted you make it very clear so they know whom to call and where to call? >> yes we will. we shall. >> you don't have that answer right now? because it didn't pass yet. >> okay. right. >> [inaudible] >> right. we're still in the process, work in progress. yeah. >> okay. >> we hope to have that website very soon. it will be a part of dph's website and also on the healthy mother's coalition website and anywhere else that has a link to it. >> it's the legal aid at work website. >> thank you. >> great. commissioner ortiz-cartagena. >> hi. my question is obviously from a small business perspective the penalty like if there is a complain filed. what does that look like? what read steps? if it's valid or not valid but can you take me through that process? process? >> yeah, it maybe vague in the ordinance and the office of labor standards and enforcement will do a rule making ordinance like the family friendly work place ordinance. we met with office of economic and workforce development and the purpose of the legislation is to ensure women are. >> >> given minimum standard of accommodation and the other main sticking point if you don't address this quickly you may address a mother's ability to continue pumping and if one, two, three, four days pass and [inaudible] may drop so the main thing there o lsc is responsive to these concerns and they can't wait so they're aware of that but they're doing a rule making process how they're going to enforce the law and i am sure they are happy to talk to office of small business how that might be best accommodated. it's not meant to be punitive. hopefully once that this is made aware they can correct it because i think many people can comply but it's the lack of awareness. i talked with someone with a restaurant and had never experienced this before but eventually they were like oh wait could they use my office? oh that would be perfect and just a lack of awareness of what is required. it's not a special room you have to build. it could be your office so i think if cases come up hopefully they can be remedied without being punitive. >> one more question just my cower yos identity. and for [inaudible] there are exemptions and what about the big companies like ups and uber and transport and taxis and bus drivers how do you envision and how is that carried out? >> that's a very good question. i will tell you that a mom that provide breast milk can and are there points in the day you're coming back to the office and schedule it around that and make it work that way or if the person wants use a battery -- either battery operated or something that plugs into the car that's something they can do as well -- >> not to cut you off but that is the owniose of commissioner uber -- >> i'm not sure how that would work but i can look into that for you but when we pass the city ordinance for our employees we thought about muni drivers as aally important one so one of the things we're looking into we have the funding to purchase lactation pods and there is one out and in city hall and mccallister on the ground flow you flow and you can see it and you can see it and maybe in the mta yard and drop off the bus and there are creative ways to get around it and yes, there is an exemption if the business feels like it's a financial burden or can't make it work then they should apply for the exemption or respond to the employer appropriately. >> okay. thank you. >> commissioner riley. >> yes. i use the word [inaudible] and as soon as the law passed there is no problem. we set up office and blind and curtains and we in house legal department and human resources so handbook not an issue but for a small business that's going to be a big burden, yeah, so my question is is this requirement only per request? if you have no mothers in your employ then you don't -- >> correct. >> only when they need it you provide it. >> correct. and could be temporary for the time the morality needs it. it could be a special space that you set up or temporary during the day and switch back and i would say it's best to leave the items that the mother needs there so she's not constantly setting up and breaking down the space but a chair and table and outlet and screened off by a curtain or a screen and other times of the day people have phone calls or meetings or whatever needs to happen in the room. >> so doesn't have to be permanent, just during the time to meet the needs of the mother sms. >> in the new legislation it's permanent and flexible and permanent for the businesses that are existing it doesn't have to be permanent, only when requested. >> for the new construction it has to be permanent, but when not in use you can use it for something else? >> correct. >> okay. >> commissioner zouzounis. >> thank you for your presentation of the i also have a couple of questions in regards to the inspection and compliance, so the agency that is referenced as being authorized to take appropriate steps for enforcement is that dph? >> office of labor standards and enforcement. >> okay. so there is a lot of open ended language especially in section -- the implementation enforcement section when it says "violation has occurred -- so that the rule making process in order -- may order any appropriate temporary or interim relief for the violation or status quo upon completion of full investigation or hearing, so i am looking at the administrative enforcement -- >> can you tell me what page and line? >> it's page nine. >> thank you. >> so my question what exactly does in term relief or appropriate or temporary relief -- is that referring to compensation for the employee? >> good afternoon commissioners. i am from the city attorney's office. this language, the administrative and force section is consistent with other ordinances that are enforced like the health care security ordinance, minimum wage ordinance. these are generally prey standard provisions and i guess what your question -- that language would mean if someone made a complaint and there was -- it was a particularly egregious violation then o lsc has the power to order interim relief while they investigate the violation and you need to accommodate this woman in this room while we investigate. it may be out of place in this ordinance but they're standard provisions. it seemed like that would not probably occur frequently in the enforcement of this ordinance. >> okay thank you. and in regards to the -- including the policy is there a requirement to post it somewhere or will be there inspections for postings or something some. >> no. we've all stood in front of those. it's very long. i think the main point when you hire someone it's presented to them whether printed or a larger company and a handbook or a website with policies you put it there but no we don't require it posted somewhere on the wall. >> okay. so there aren't surprise visits by dph or building inspection? >> they would be a surprise why would i tell you now? no. there not. >> thank you. >> commissioner dooley. >> i have a questiono review for the many small businesses that only have one employee, so going into this as it rolls forward what is that solution? do you have a solution for that situation? >> that is a really good question and one key keep getting. it's going to vary from business to business. >> >> depending what the employee is doing. i worked retail before so i understand floor coverage in that conversation so if it's just one person and it's the business' livelihood and step away for 20 minutes three times a day that may represent a hardship that the business could qualify for. i think it's a little gray. i it's going to happen so infactorly too and if it does happen it can be addressed but i can't say. if it works for a business to close down for lunch hour and maybe the woman -- say she pumps before she opens the shop because it takes us a while to get to work unless you work near your house so you pump when you get there and open up and before you're getting paid and then maybe there's a break in the middle of the day when you can do it and pump once more after you close the shop or relieved by the next person. that might be work for people too. >> thank you. >> i -- you talked about three times. actually under state and low law there is no eliminate on frequency so the employer should know that he or she cannot set limits as to the frequency of lactation. correct? >> well, -- >> accommodation -- the law says any -- every time there is a need to demand -- >> it's reasonable time, so -- >> where does it say "reason reasonable time". >> it's in the state law and it's different for every women and when you return to work and pump and get into a rightsd i'm and 20 minutes a day for three times and maybe at the end it's only once a day. >> and yeah i want ton the message to businesses and what is the message to frequency and you cannot do it more than two fiems, three times and might be a violation and do you agree with that? >> it has to with the break time allotted existing and anything above that has to be agreed upon by the employer and whether i have to do it four times and i want that time to be an unpaid break and the employer has to agree and if it's a burden on the business then of course they don't have to agree with it. >> and the attorney from the city attorney's office is shaking no and why don't you clarify. >> i would say in response to the language it's reasonable and not break time and the process that would play out the employee and employer would engage in a negotiation to determine the break time they can provide and if the employee demands too much and the employee makes a complaint they will make an evaluation what is reasonable -- >> what is reasonable in your opinion as the city attorney? as an employer asking them to be the judge of a reasonableness of pumping tell me how do you small businesses going to ascertain what is reasonable or not? the question is there is no limit as to how many frequency, yes or no? i mean are we going to ask employers to make judgments on the reasonable when to pump. i mean come on that doesn't seem logical to me. >> i believe they would evaluate the situation of each and if the request is reasonable and the amount of time the employer could provide but there is no limit. there is no nee miracle limit under the ordinance under state or federal law or under this ordinance. >> i want the message clear we can't limit the amount of times in draconian and exercise discretion in that regard unless it's absolutely outrageously unreasonable i don't know how -- like anyway i just got the message. thank you. >> any other questions before we go to public comment on this? okay. seeing none let's open it up to public comment. >> before i step away if you want at this time to see the pictures i provided. >> no, we're good. >> okay. thanks. >> okay. welcome. >> commissioners, jim lar rus from the chamber of commerce. we worked closely with supervisor tang and staff and other associations on this issue. a lot of progress has been made to really address some of the concerns initially especially for remodeled or new construction and some thresholds for the number of employees that you have at the work site dealing with new construction or remodel. there's a threshold of 50 or more employees. we've tried to make it as reasonable as possible for micro businesses. you still have the requirements under state and federal law. you still have the requirements under this ordinance to accommodate the needs of a woman employee who is lactating at your current work site to the extent that's fees and i believe worked out between the employer and the employee. some of the bigger issues we have been dealing is new construction and remodeling and what does it trigger and i think there's still an outstanding issue over the use of the rooms and their designation as lactation versus wellness rooms that we're trying to i think pin down and maybe another piece of -- an amendment that would go before the committee to clarify they're not 50 square foot rooms and only used for lactation and that they're other wellness and health needs at the work site that the rooms can be made use of during times when a mother is not lactating in the room, so i think we're making progress on this. we look forward to a final version of the legislation at committee later this month and thank you for your advice to the author. >> thank you. >> good evening stoofen corpel with the small district council and merchants. the issue of the ada hasn't come up yet so are the rooms bigger to accommodate a wheelchair and a question to look into. second even though small businesses can negotiate this, can do all kinds of things, a hardship can come up the city is requiring you go to have some kind of a conversation with a new employee and/or put it into our handbooks. there's a cost to this and this is one more cost that small business, medium and big business in san francisco has to do, and i think the one reasonable thing we can do is ask that this in this legislation that all city contracts that the city gets involved with when buying merchandise, when asking for services out there be included in there that other employers who are doing business with the city should have to do the same thing that they're requiring the san francisco businesses to do. all these things cost money. like i say some is hard to figure out how much it is but it's a reasonable thing to start with all the different laws and this would be one of them that the lactation -- whatever the requirements are are required for every contract that the city does. thank you. >> great. thank you. any other members of the public. >> i just wanted to make a comment in reference to when it will be heard at committee so it was originally planned for april 24 but unfortunately the building inspection commission the meeting is canceled for april so this item will go to the land use committee later in may so i will let everyone know what that is. >> okay. we're still in public comment. anybody else? public comment is closed. commissioners. >> can i make a comment? >> yeah, go ahead. >> i totally get the spirit of the legislation and i thank you and san francisco for being the leader, supervisor tang. i just want to make sure to cover small businesses usually the outreach is not the best for the city especially 20 and under so i want to put in black and white what's the outreach going to be and going back to original question regarding complaints and the punitive side. i just want to make sure that this is not a tool or something that broadsides a small business like this exposes them to litigation, get sued because they're not complying so just define in black and white like you were saying leaves it gray leaves room to be sued and we don't want hey we didn't know and small businesses head is down in the business and we didn't know about the ordinance and get sued. that's all. the spirit of the law. i am with it, the legislation but we can't expose small businesses to possible litigation in the future. >> okay. any other commissioners? anybody want to take action? >> [inaudible] [off mic] >> this is an objection item so we can take action or wait until we hear what happens at land use. >> i feel more comfortable with just a little bit -- seeing the punitive said and what they think they're going to do or what the process is going to be and also the outreach to businesses with 20 under what the exact plan is. that's me but -- >> we can put that on our recommendation. >> okay. >> and did you get your answers commissioner? >> i get a lot of answers and thank you, and i think this is a work in process. it's an important ordinance, very important ordinance for businesses and for mothers in the city. i think we would be in my opinion wise waiting before we take any action since there are some unknowns. we ought to -- and we have the time so i think we should put it on the agenda and come back and revisit. after all the question is refine the ordinance such that it works and that's the purpose and intent i think for this commission is to make sure that it works for businesses and it works for mothers balancing and making sure that businesses know what they're doing and not be surprised, so i think in my opinion i join commissioner ortiz-cartagena in his recommendation to table this issue and revisit -- >> tabling it means you won't hear it. it's continue it. >> continue it, yes. >> continue it. >> okay. >> so do we have a motion to condition that item? >> i will make the motion since i proposed it. >> okay. do we have a second? >> i will second. >> i will second. >> all in favor. >> aye. >> any opposed? okay. this item number 4 will be continued. thank you. next item please. >> item number 5 board of supervisors file no. 150969 planning code affordable housing bonus programs. ordinance amending municipal code section 206 to amend the 100% affordable housing bonus program to add the home-sf program and the analyze the state density bonus program and the individually requested state density bonus program to provide for development bonuses and zone modifications for the affordable housing and state density bonus program section 65915 to establish the procedures of the home-sf program shall be reviewed and approved and adding a few for application under the programs and affirming the planning department's determination under the california environmental quality act and making findings and consistency with the general plan of eight priority policies of municipal code section section we have supervisor tang tang and staff. >> thank you. we will go over slides here and thank you very much commissioners for listening to our item today about home-sf which is our effort to create more affordable housing for middle income families here in san francisco so just to begin i want to go over some of our programmatic goals one of which i stated here. so as i mentioned really trying to create more affordable housing here in san francisco, and i want to be very clear that this is one program out of many tools in the tool kit for providing affordable housing here in san francisco. as you probably know san francisco spents the vast majority of our city dollars on funding housing for the low and very low income households and this one however home-sf is designed to serve a different population, the middle income families and also as you notice at the bottom of the slide housing for families so encouraging the development of units that are beyond one studio so if you want to start a family here you can have a one, two or three bedrooms to raise your family in. this next slide without going into great detail really shows you a trend of what is happening in san francisco in terms of our population and shows you that our middle income families are leaving san francisco, and at the fastest rate of any other income levels so this is real and occurring and so we do need i believe housing policies to address this. the next slide is just a couple of basics of what the program entails but you do have another information sheet that is on my letterhead here and it's much more detailed in terms what we're actually proposing here but essentially we're saying that developers if they provide 30% affordable housing on site -- they're not allowed to fee out and on site and they provide at least 40% which are two bedrooms or a mix of 50% of two and three bedrooms then they actually get density controls relaxed and they actually get to go up two stories above existing height limits. we are not allowing developers to utilize the home-sf program if they're displacing residential uses or tenants and this applies to demolitions only for new construction. you can't just -- at the moment the way it's written can't build on top of a building but subject to further discussion, so this also applies to sites more than three units or more so it doesn't apply in rh1 or two zoning districts. we wanted to offer something that is competitive to the existing state density bonus law which has been in existence since 1979 and that law said that all the other local jurisdictions throughout the state actually have to have enabling legislation to enable density bonus and could your own that meets the expectations and higher at 30% on site and cap the height increases at two stories above existing height limits and that was determined based on really substantial detailed analysis from consultants, and so the state law is much more lenient -- in fact i feel it's important to talk about it because it's available to developers right now and we at the board of supervisors have approved a project under the state density bonus program law and so the state density bonus law doesn't have as much affordable housing and no caps on the height limit and whatever you neat to get to the 35% density increase and also they don't have the protections we do for existing tenants or residential uses so there's no requirement around that, and then when planning staff as well as owed staff come up they will show the level of detail thought we put into around helping small businesses. everything that we can possibly can short of running up against state laws that prohibit us from doing anything close to commercial rent control to really preserve small businesses that might be impacted by this program, and again i have to reiterate that if you're a developer and you're developing a project that is code conforming or you're using a state density bonus law there are no requirements around demolishing xifls units or anything you think about for small businesses so we tried hard in this case and i want to thank staff for working through with us on this. next slide shows quickly just in terms what we anticipate. home-sf is a 20 year program and over that span we anticipate we will able to produce in the program 5,000 permanently affordable housing units in combination of market rate and affordable units is 16,000 over 20 years. now you look on this chart you will see that in comparison to the state bonus density law zoning with the inclusive requirements that this program far exceeds both of those programs cruise in terms of affordable housing or housing in general. >> >> and this is really important if we're trying to keep more families here in san francisco. in terms of again i think planning staff will go over details such as the income levels we're trying to serve here. we are trying to serve people who work in the small businesses, people who are in job clarifications such as teachers, construction workers who are struggling to live in san francisco, struggle to help even provide the employment needed for all of your small businesses so i think that is really important and so now what i am going to do i will turn it over to our planning staff and they're going to wark you through more of the details where this program applies and other regulations and then after that we're going to kick it to the office of economic and workforce development staff and what we tried to do around small business help so thank you very much. >> good evening commissioners. i am from the planning staff and i am here with staff to talk about the home-sf program and we were here before you i think about a year and a half ago so this is an date on who we did in response to all of the work, all of the comments you made and all of the issues raised in that conversation, so as you know and as the supervisor alluded to most of the program area is along transit corridors, our neighborhood commercial corridors, places where there's really good access to parks and schools so it is places that are really good fit for more housing, and generally in our out lying neighborhoods, areas that we haven't update d the zoning in a long time and one thing we tried to maintain the neighborhood commercial corridor we added a requirement that any new housing would have to have in kind replacement of the commercial space that it was existing there or that could be there, and so get we get the details making sure it's the same size so they're not a lot of big footprint where we had small neighborhood scale and we have urban design guidelines what that streetscape would feel like so it's inviting to customers who are walking down the neighborhood commercial corridor. still i think what we talked last night is how do we retain the existing small businesses along the corridors and that's what i will focus on today so throughout the program area and the numbers that supervisor tang talked about there are 220 sites that we think are most likely to take advantage of this program and we can walk through the details and where the existing use is small compared to what could be built and soft or ready for development and we had a long difference last year about what it was and how we identified that and i am trying to reremind out of those sites only 92 have structures and either a gas station or a parking lot. most are empty. those that do have structures we don't have a bunch of information what the structures are. it could be a giant bank of america or a smaller use or a vacant building. we really don't know but that's what we identified as the set of questions to tackled since we talked to you last. what would happen with those projects? we think that given this is a 20 year program that would be about five structures a year that may or may not have these questions about retaining small business: we did a lot of work with o ewp and the office of small business to think about what the needs are for the small businesses. one thing we learned that early notification is really important. having time to think about how you might relocate or stay in that space when the new building arrives is rate critical so we added that early on. you're guaranteed a minimum of 18 months notice before any change to the site might have occur, so that's the minimum requirement. the other thing that we've added to the program and this is new for all of you, is a process where once that notification happens that notification will go to the planning department, to the current commercial tenants and also oewd and there is a network around the five sites per year, and with that will come a set of information about what are the best practices for helping small businesses be retained and ja kin will talk in details what they are and the services we have but that information is out there to all of the parties involved. in addition to that and i'm going to talk about this more we will then later make sure that our planning commission considers in detail what has happened between the time that that notification and the time of the commission hearing so there is a public discussion about what are the outcomes for this small business, some neighborhood serving business and that's a criteria to consider when approving the project. we will be considering a number of criteria but one of them is the outcomes for the existing commercial tenants. so let me just walk through that process and you can see up here right now this is the existing planning process for any building throughout the city so it starts. you apply early on for a preliminary project assessment or environmental review so this is really early in the development process. you might know vaguely how tall your building is, what uses you want but you haven't gone through and done all the architectural design. we start the analysis to think about transportation and all of that. that's when we require before we do any of that analysis we require that you have notified the commercial tenants and oewd and planning department there an existing commercial tenant and as you move forward through the entitlement process -- sorry, i forgotten my slide, so this is the existing, what i am talking about now is what we tad added in and the first box is the notification to the tenants. >> >> the other thing that happens during this period which is 18 months you work with oewd, and the landlord and office of small business if that's relevant to really craft a plan for what will

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