>> chair ronen: good morning, everyone. the meeting will come to order. welcome to february 10, 2020 meeting of the rules committee. i am supervisor hillary ronen, chair of the committee. seated to my right is rules committee vice chair catherine stefani, and seated to my left is supervisor gordon an mamar. i'd like to thank sfgovtv for airing the meeting. do you have any announcements, mr. clerk? thank you, and can you please read number one. >> clerk: agenda item number 1 an ordinance amending the city code to authorize the city administrator identifying those departments that would qualify as business entities or associates under hipaa and to require the city administrator to develop and maintain a citywide hipaa policy. >> chair ronen: great, and i understand there will be a brief presentation? great. >> good morning, chair ronen and cmittee members. we have emily cohen from the mayor's office, and i have a very brief presentation for you about our hipaa covered entity designation ordinance. i'm also joined by bill barnes from the city administrator's office who will present on their part of the ordinance. so as i'm sure as most folks are aware, hipaa is the federal law that's to protect personal information. it allows large cities or municipalities to declare themselves a hybrid covered entity. san francisco has not, and it creates a large compliance burden for multiple city departments, even those that could not create activities. it increases our liability under hipaa, and it leaves gray area when it comes to compliance and data sharing. the ordinance that we have before you declares the city and county of san francisco a hybrid entity. i've been working with the controller's office and city administrator's office to determine which are covered entities and which are not. it's been a lengthy process, and we've consulted with a hipaa consultant to make sure we're following the process. a hipaa entity is essentially a health plan, a health care clearinghouse, or a health care provider who transmits health records electronically for medical purposes. most city departments do not perform those activities, and so the ordinance would declare us a hybrid, and under the ordinance, the city administrator's office will be responsible for maintaining a list of those city departments, and they must submit that list via resolution to this board within 30 days of passage and then no less than three years. should a city department's resolution change, a simple list brought before the board will list the remaining departments. i'm going to turn it over to bill to talk a little more. >> bill barnes from the city administrator's office. so as you know, the city administrator oversees the city's priorities through a charter amendment that was placed by supervisor peskin. and the city administrator would be responsible for developing and maintaining a hipaa policy. and the legislation is focused on the legal designation as a hybrid entity, but it's also focused on improving cross departmental sharing. one of the things that we hear from departmenting is sharing information on patients or clients. understanding which ones are hipaa and which ones are not will be a key reason why we share hipaa. i want to also acknowledge the city attorney's office which has been working with us on this for a while. going forward, each of the departments that is covered under this ordinance would have their own data policies, and for the members of the public and supervisors, we also oversee a program called data s.f. which classifies all data sets in the city based on their protected and that sorts of thing, and this fits neatly into the processes and data requirements that the city administrator already performs, and i'm available for any questions, as is emily. >> chair ronen: do you have a sense of the departments already that you expect will be covered by the -- by hipaa? >> sure. so we will make recommendations -- this committee that's been working will make recommendations to the city administrator's office. we expect the san francisco police department, the san francisco health plan, and the san francisco fire department to be the three entities that perform this. >>. >> chair ronen: i'm so happy this is finally happening. sometimes seeking data from departments that are not conforming with hipaa, they use hipaa as an excuse to not share that. if i could be added as a cosponsor, i would appreciate it. supervisor stefani? >> supervisor stefani: thank you, chair ronen. i'm wondered why we haven't been a hybrid designation and why now, when other counties in california already? why hasn't san francisco? >> you know, i'm not sure why we haven't gone through this process. city attorney ann pearson may be able to weigh-in. i was brought into this process, how do we involve data sharing for people involving homelessness. it's a much larger conversation beyond this issue, so i'm not sure what the delay was in doing it, but it's become clear that this is a simple and necessary first simp to ensuring our privacy and accountability for the departments that are covered. so certainly, the time is now. we shouldn't delay further. i would like to speak quickly to your point, chair ronen, that this is absolutely a big deal to help us improve how we share data and how we protect data. this is not the only privacy law that many departments are hopeful to you. there are other state and federal privacy laws that departments need to comply with. >> if i could just take a moment to supervisor stephanie's question, so just for the public and members of the board, we have been complying with san francisco general, laguna honda. i don't think this was needed when it first came out, but as things have come along, it's been clear that you need better rules of the road and better ordinance. i think when we first started, it was like our structure was sufficient to just operate with the city as a whole entity, and now the hybrid allows us more focus on meeting these requirements. >> supervisor stefani: okay. thank you. definitely, this is the thing to be doing. i just have one more questions in terms of what are the benefits that we expect to derive, excuse me, from becoming a hybrid designation? i know departments will be able to share information, but what does that look like in real life? how is that going to help people? is this going to help people get into recovery programs quicker? what exactly will it allow us to do? >> this will focus those added layers of cost and responsibility only on those departments that need to make those requirements. and so it will have, i think a benefit across departments. people who aren't covered by hipaa won't be bound by the same costs and regulatory requirements. a paramedic picks someone up, they drop them at the hospital. you have a firefighter at the fire department, a nurse they hospital, they're all covered. that's what we're trying to do. as it provides health coverage for all residents, it would make those programs more efficient. thank you. >> chair ronen: supervisor mar? >> supervisor mar: supervisor stefani asked the questions that i would have asked. i believe that health care is an evolving issue, so thank you so much for your work on this, and i would like to be added as a cosponsor. >> chair ronen: thank you. we'll open this up for public comment. is there any member of the public who wishes to speak? seeing none, public comment is closed. do you want to do the honors? >> supervisor mar: i would move this forward to the full board with a positive recommendation. >> chair ronen: and without objection, that motion passes unanimously. [gavel]. >> chair ronen: thank you so much. can you please read item number two. >> clerk: agenda item number two is a hearing to consider appointing three members, terms ending april 10, 2021 to the graffiti advisory board. madam chair, there are three applicants, and there are three seats. >> chair ronen: thank you. and i believe we have all applicants here. no? is devin jones here ? yes. come on up if you'd like to share anything with us. >> hi, hi. thank you all for having me -- sorry. my name's devin jones. i work for the san francisco pretrail diversion project. i wear a number of hats over there but one of my main focuses in pretrial diversion is i've been a member of the street services program for five or six years. are either of you familiar with san francisco pretrial diversion? okay. well, a little background. we act as an alternative to sentencing programs, so that's basically what we're most known for, and our main focus is to provide pretrial supervision for those pending legal court matters in san francisco. this ensures people are not just sitting in custody during the pretrial portion of their case, but the program i'm mostly involved in, sesp, our street environmental services program, my role has been to coordinate efforts to address graffiti in the committee. i supervise clients assigned by the court to deter future involvement by community service. and i supervise them by making them clean the graffiti themselves. we can address the issues facing the city by the ongoing struggles of graffiti vandalism. i'm also eager to learn of resources and bettopportunitie better focus those who view graffiti as art. we have discussions at our meetings between street art and graffiti. so while my work is mostly on addressing older teens and younger adults at vandalizing or defacing property, i'm looking forward to learn more in this seat, seat 12 if i am given this opportunity. thank you. >> chair ronen: thank you so much. thank you for your willingness to serve. it's really important, and your expertise is perfect for this body. really appreciate it. any other questions? no? thank you. >> thank you. >> chair ronen: is darcy brown here? no. and is daniel kling here? come on up. >> good morning. >> chair ronen: good morning. hi how are you? >> doing well, thanks. my name is daniel kling. i've served a couple of terms on the graffiti advisory board. i work for recology. i'm a san francisco homeowner. i have two children in the san francisco public schools, and i am a former public educator. i see the graffiti advisory board as an opportunity for me to give back to my adopted city. i came from chicago, and one thing that i really feel strongly about is, you know, helping san francisco be a clean, liveable, and blight-free city. so serving on the board is something that i can do to give back to the city and be a model to my kids. >> chair ronen: can you just tell us about any accomplishments that you feel that the board has made over the couple of years that you've been on it? >> sure. working with then supervisor now mayor breed on the graffiti penalties. i serve on the law enforcement advisory subcommittee, and working with the district attorney's office on the one main graffiti task force with sfpd, i think we've made good strides at getting graffiti vandals off the streets and hopefully not doing what they did anymore. if you look at the hibernia bank, and the graffiti there. that was thousands upon thousands of dollars, and we helped deal with that situation. i think there's some good value to be had. i think our analyzing databased on the 311 app and -- analyzing our databases on the 311 app has been extremely helpful in analyzing graffiti in the city. >> chair ronen: well, thank you so much. anybody like to speak on this, come on up. >> my name is sharon rose. i'm with san francisco pretrial diversion. i'm devin's supervisor. i just wanted to come and speak on his behalf. the past five or six years, he's been on the graffiti abatement program. he takes participants out to clean the streets of san francisco. he's a hard worker, dedicated worker, and i think he'll be a great asset to the board. so thank you for considering his application today. >> chair ronen: thank you so much. appreciate it. and seeing no more public comment, public comment is closed. [gavel]. >> chair ronen: are you familiar with miss brown? >> supervisor stefani: yes, chair ronen. i am very familiar with miss brown. she is one of my constituents, and i am fully confident in her ability to serve on this board. >> chair ronen: do you want to do the honors? >> supervisor stefani: sure. and i want to thank daniel and devin for their service. i'd like to make a motion to forward with full recommendation to the board to seat devin joans on seat 12, darcie brown in seat 13, and daniel kling in seat 15, and forward to the full board with a positive recommendation. >> chair ronen: without objection, that motion passes. thanks so much for your time today, and for coming on behalf. is there any other items today? >> clerk: there is no further business. >> chair ronen: then the meeting is adjourned. thank you. [gavel] sustainability mission, even though the bikes are very minimal energy use. it still matters where the energy comes from and also part of the mission in sustainability is how we run everything, run our business. so having the lights come on with clean energy is important to us as well. we heard about cleanpowersf and learned they had commercial rates and signed up for that. it was super easy to sign up. our bookkeeper signed up online, it was like 15 minutes. nothing has changed, except now we have cleaner energy. it's an easy way to align your environmental proclivities and goals around climate change and it's so easy that it's hard to not want to do it, and it doesn't really add anything to the bill. is -- >> our united states constitution requires every ten years that america counts every human being in the united states, which is incredibly important for many reasons. it's important for preliminary representation because if -- political representation because if we under count california, we get less representatives in congress. it's important for san francisco because if we don't have all of the people in our city, if we don't have all of the folks in california, california and san francisco stand to lose billions of dollars in funding. >> it's really important to the city of san francisco that the federal government gets the count right, so we've created count sf to motivate all -- sf count to motivate all citizens to participate in the census. >> for the immigrant community, a lot of people aren't sure whether they should take part, whether this is something for u.s. citizens or whether it's something for anybody who's in the yunited states, and it is something for everybody. census counts the entire population. >> we've given out $2 million to over 30 community-based organizations to help people do the census in the communities where they live and work. we've also partnered with the public libraries here in the city and also the public schools to make sure there are informational materials to make sure the folks do the census at those sites, as well, and we've initiated a campaign to motivate the citizens and make sure they participate in census 2020. because of the language issues that many chinese community and families experience, there is a lot of mistrust in the federal government and whether their private information will be kept private and confidential. >> so it's really important that communities like bayview-hunters point participate because in the past, they've been under counted, so what that means is that funding that should have gone to these communities, it wasn't enough. >> we're going to help educate people in the tenderloin, the multicultural residents of the tenderloin. you know, any one of our given blocks, there's 35 different languages spoken, so we are the original u.n. of san francisco. so it's -- our job is to educate people and be able to familiarize themselves on doing this census. >> you go on-line and do the census. it's available in 13 languages, and you don't need anything. it's based on household. you put in your address and answer nine simple questions. how many people are in your household, do you rent, and your information. your name, your age, your race, your gender. >> everybody is $2,000 in funding for our child care, housing, food stamps, and medical care. >> all of the residents in the city and county of san francisco need to be counted in census 2020. if you're not counted, then your community is underrepresented and will be underserved. adjourned. >> shop & dine in the 49 promotes local businesses and challenges residents to do their shop & dine in the 49 with within the 49 square miles of san francisco by supporting local services within the neighborhood we help san francisco remain unique successful and vibrant so where will you shop & dine in the 49 my name is jim woods i'm the founder of woods beer company and the proprietor of woods copy k open 2 henry adams what makes us unique is that we're reintegrated brooeg the beer and serving that cross the table people are sitting next to the xurpz drinking alongside we're having a lot of ingredient that get there's a lot to do the district of retail shop having that really close connection with the consumer allows us to do exciting things we decided to come to treasure island because we saw it as an amazing opportunity can't be beat the views and real estate that great county starting to develop on treasure island like minded business owners with last week products and want to get on the ground floor a no-brainer for us when you you, you buying local goods made locally our supporting small business those are not created an, an sprinkle scale with all the machines and one person procreating them people are making them by hand as a result more interesting and can't get that of minor or anywhere else and san francisco a hot bed for local manufacturing in support that is what keeps your city vibrant we'll make a compelling place to live and visit i think that local business is the lifeblood of san francisco and a vibrant community >> good evening. welcome to the february 5, 2020 meeting of the san francisco board of appeals. president ann lazarus will be the presiding officer, vice president honda, commissioners tanner and santacana. at the controls this is the board legal process clerk, and the board's intern. i'm julie rosenberg, the board's executive director. we will also be joined by represents from the city departments that have cases before the board this evening. scott sanchez, deputy administrator, representing the planning department. joseph duffy, representing the building of inspection. the board meeting lines in are as follows. the board request that you silence all phones or electronic devicings so they will not disturb the proceedings. appellants, permit-holder and respondents are given three minutes. members of the public who are not affiliated with the party have up to three minutes to address the board and no rebuttal. please speak into the microphone. you are asked, but not required to submit a speaker card when you come up to speak. speaker cards are available on the left side of the podium. the board reserves the right not to call an item after 10 p.m. if you have a question, speak to board staff during a break or after the meeting. or call the board office. this will be rebroadcast friday. now we will swear and affirm all those who intend to testify. please note, any member of the public may speak. if you intend to testify at any of the proceedings tonight and wish to have the board give your testimony weight, please stand if you're able, raise your right hand and say i do after you've been sworn in or affirmed. anybody who is going to testify, please rise. do you swear or affirm that the testimony you are about to give is the truth, whole truth and nothing but the truth. thank you, please seated. we have one housekeeping item. item 5 has been withdrawn. andrew lee versus the zoning administrator, 1333 taraval street. that item will not be heard. we're moving to item one