Good afternoon, welcome to election day november 3rd, regular meeting of the board of supervisors. Madam clerk, can you call the roll. Clerk thank you, mr. President. [roll call] clerk mr. President , all members are present. President yee ok. Thank you. Please place your righthand on your heart. Would you please join me in the pledge of of allegiance. I pledge allegiance to the flag of the United States of america and to the republic for which it stands one nation, under god, indivisible, with liberty and justice for all. I would like to acknowledge the staff of sfg. Are there any communications . Clerk yes, during the covid19 health emergency, the board recognizes that Public Access to City Services is essential and certainly more acute during this time so we hope members of the public will take advantage of the following opportunities. We have a short version today. Were happy to receive your written communication and sports hands if you are using the u. S. Mail address the envelope and San Francisco board of supervisors and room 244 city hall, San Francisco california, 94102. If you would like to send an email, send it to capital, os at fg gov. Org and you can access the livestream by going to www. Sfgovtv. Org and you with watch the proceedings on your television by utilizing channel 26. Just be aware theres a signal delay so when you are ready and can make your public testimony use your cell phone and turn down your television and you can both listen to the proceedings and make sure Public Comment from your cell phone and so the telephone number is television and streaming on our website 415 6550001. When you hear the prompt, enter the meeting i. D. Number which is 146 443 9293 and press pound twice and you can join the readings as a listener. Listen carefully for the prompt. You have been unmuted and then you are able to just begin speaking to make your comments. All right. Just a little bit of information about content on the agenda that is eligible for Public Comment. There are two public hearings. These are both appeals of sfmta covid19. Appeal from Environmental Review and that is item 1821 and items 2225 that is proposed mta covid19 muni rail service adjust commentses and parking changes appeal, another statutory exemption from Environmental Review and i understand those items are going to be continued to november 10th. Public comment will be taken on the continuance. If you are interested in providing general Public Comment, item 29, and you can talk about the minutes from september 29th, you are able to talk about the subject matter, jurisdiction items, that are on todays board agenda and items 3033, those are the items without reference to committee calender. The president has asked i deliver a message that during general Public Comment, each member of the public will have one minute to make that Public Comment. So, all other items, 117, as well as 2627, are not agenda content eligible for your testimony today. We have interpreters at todays meeting. We have two joining us, ago us in lie anagnes liand arturo. [voice of interpreter] [voice of interpreter] [voice of interpreter] clerk thank you to the interpreters for being here. Were working hard not to leave anyone out of these proceedings so if you are experiencing any connection issues, we do have a live person standing by to answer telephones in the clerks office. 415 5545184. And finally mr. President , through a prior arrangement, we do have an individual who is standing by to make his Public Comment pursuant to the americans with disabilities agent. President yee thank you, madam clerk. Before we get started, a friendly reminder to mute your microphone when you are not speaking to avoid audio feedback. And to the public, as you may or may not know today is election day and you know, if you have not voted yet, please, go ahead and cast your vote and make a difference to us locally and nationally. So, you have until 8 00 p. M. Today. Another five hours and 45 minutes to get to somewhere to either drop off your ballot or to vote. So, please, please, vote. Its very important that we all participate. Madam clerk, i understand as mentioned that weve received an accommodation request from a member of the public, who wishes to provide Public Comment. We will open public at that time for that individual. Clerk yes, mr. President. I will remind the vigil have one minute, sir. Operations, please unmute the caller. Caller my name is inaudible . As the clerk said in its meeting, Public CommentPublic Access to these meetings is essential and more acute in regular times yet theyre limiting our time now to one minute and still refusing to allow the public to attend visually and this is not a Public Meeting because you do not provide access for those who do not have cellphones and computers to attend and leave comment at this meeting. Ive also pointed out various access issues for people with disabilities and its been very hard to get this accommodation, extremely difficult. I sent emails in october, and i got a response october 30th. And your staff still refuses to tell me when meetings are can september 11th these arkansasca. I hope you can do better. Clerk thank you to the caller. President yee ok. Thank you, madam clerk, for arranging this accommodation. Colleagues, today, we are approving the Meeting Minutes from the september 29th, 2020 regular board meetings. Are there any changes to these Meeting Minutes . Seeing none, can i have a motion to approve the minutes as presented . Moved fewer. President yee seconded by walton. President yee supervisor walton. And then why dont we take the roll, madam clerk. Clerk on the minutes as presented [roll call vote] clerk there are 11 ayes. President yee without objection the minutes will be approved after Public Comment as presented. Madam clerk, lets go to our consent agenda. Call items 16. Clerk items 16 are on consent. Theyre considered to be routine if a member objects an item may be removed and considered separately. President yee ok. See nobody on the roster. Madam clerk, can you call roll. Clerk on items 16. [roll call vote] clerk supervisor ronen, i believe you said aye but it was feint though. Aye. [roll call vote] clerk there are 11 ayes. President yee ok, without objection the ordinance is passed. Lets go to new business. Please call the next item. Clerk item 7 is an ordinance to amend the administrative code to require employers and employees covered by Quality Standards Program at the San FranciscoInternational Airport to provide Family Health insurance to these employees or to make contributions on the employers on the employees behalf to an account established under section 14. 2 of the administrative code. President yee ok. Madam clerk, call the roll. Clerk on item 7 [roll call vote] clerk there are 11 ayes. President yee the ordinance is passed on first reading. You are on the roster and im sorry, i think you put it on after we started taking roll call. Did you have something . I did, president yee and thank you so much. I do not have anything to say. I appreciate the unanimous vote. Thank you. Thank you. President yee supervisor peskin, you raised your hand . Thank you, mr. President. I was going to make a motion to rescind the vote so that supervisor walton could speak but he has already made it clear that he did not wish to do so i i withdraw my end. President yee thank you. Madam clerk, item number 8. Clerk a resolution to retroactively authorization the department of publichealth to submit a oneyear application for calender year 2021 to apply for a Grant Application to the centers for Disease Control and prevention for integrated hiv surveillance and Prevention Program for health department. And the amount of 7 million. President yee ok. Madam clerk, please call roll. [roll call vote] there are 11 ayes. President yee without objection the resolution a adopted unanimously. Lets go to item your 9. Clerk ar ordinance to amend the building code, the environment code and mandating new construction to be all electric. President yee supervisor mandelman. Thank you, president yee. I want to thank the members of the Land Use Committee for forwarding this item to the full board with positive recommendations and for all of their work and thoughtful contributions to the legislation. When this item was before land use, i indicated that today i might be requesting a oneweek continuance to elapse further conversations with local 38 with Just Transition and the pot action opossibility of addressie concerns and local 38 has asked for me to make that motion for continuance and i think it would be something we ought to do so i will move that we continue this one week to november 10th. Stefani, second. President yee roll call, please. Clerk on the motion to continue item ninth to the tenth. [roll call vote] clerk there are 11 ayes. President yee without objection the ordinance is passed on first reading. Im sorry, the motion to continue the item to november 10th. Passes. Item 10. Clerk item 10 is an ordinance for third Party Food Delivery services. President yee ok. Supervisor peskin. Thank you, president yee. I would like to start by thanking my cosponsors, supervisor safai, mandelman, walton and stefani and colleagues, as we all are very, very well aware, so Many Industries and businesses have been incredibly hardhit by the pandemic and restaurants are one of those business sectors and while some are recovering throughout door dining and our spared Spaces Program that was the subject of an article in the chronicle, many are still struggling and up to half of them may never reopen and as we all knew, some were struggling before the coronavirus hit. Theres so many reasons for that my office has been analyzing that for two years and the practices and high commissions charged by third Party Food Delivery apps like uber eats, grub hub and door dash are in part one of the drivers of that and over the course of the pandemic, over the last eight months, as Indoor Dining first came to a halt, and has reopened, weve seen the incredible expansion of shared spaces from here to district 11 and thank you supervisor safai for actually going out and encouraging people to participate in the shared Spaces Program. To regain some of that lost capacity and weve also seen a commensurate, if not vast increase of these third Party Food Delivery apps. As restaurants have had to come to rely on them. In the old days, it was the delivery person but now its the internet. I want to really start by acknowledging the mayors executive order in early april which set a 15 cap on commissions that the third Party Food Delivery services could charge to restaurants. All of whom operate on a very, very thin margin. This legislation today builds on that by extending the duration of that cap which is inclusive of all fees charged by food clen deliver re services. Including those outside of the core oldtime Delivery Service. As weve made clear to the Third Party App providers, if they would like to go to marketing and advertising they should do so but they should not be able to exploit restaurants particularly restaurants that are less sophisticated or new restaurants that are entrance into the very, very difficult market for these additional fees will make it even harder on them. This legislation takes aim at the fundamental Business Model underlying these we all know it, multibillion venturecap tarred funded corporations which have been able to emas unbelievable market shares at the same time as i mentioned earlier, while upwards of half our restaurants may never reopen and to that end, this legislation also proposes to end person practices that have positioned the Indoor Dining experience indirect competition with the convenience of delivery and at menu items and provides restaurant with the flexibility to cancel their relationships with any of these Third Party Apps with 72 hour notice and prohibits Food Delivery Services from delivering from restaurants with which they do not have a preexisting relationship. Much of this has been reported in the media and i do want to acknowledge the apps who have been working with us and individual restaurantstures and the Golden Gate Restaurant Association for acknowledging these Core Principles and agreeing to them, albeit, while they dont like the 15 cap. Over the course of the past couple of months, my staff, lee heppner who i want to acknowledge and salute and ive been in direct communication with these companies, and weve actually compromised on a couple of days. First by allowing this legislation that i wanted to be permanent to expire 60 days following a health order issued by our chief Health Officer that allows restaurants to return to 100 Indoor Dining capacity and second by increasing the proposed Commission Cap from 10 per order which is what i originally started with but as a function of compromise and consistent with the mayors order to 15 . To modify as a cover established to add cover establishment should not include any restaurant that meets the definition a formal retail use under section 303. 1 of the planning code. I would like to duplicate file and send it back to committee so id like to adopt them first and coupe indicate the file and send it back with the intent of keeping watch over this ever evolving quick lie evolving political and Business Model and make sure that were prepared to take any additional steps to protect restaurants should we need to do so and in conclusion id like to thank the Small Business for their unanimous support and Many Organizations who provided early common and in sight like the castro merchants and the Sf Bar Owners Alliance and i already mentioned my starve and the golden gate restaurant and ethan and the dozens of Restaurant Owners and workers who wrote into our offices and signed petitions in support of this legislation and i would also like to thank deputy City Attorney sarah and anne and i mention mid cosponsors and witmycosponsoro move that before taking the first read on this legislation. Ok, is there a second. Second. Please add me as a cosponsor. Supervisor peskin. Supervisor safai. Thank you, ill be brief but i just want to thank supervisor peskin for working with us in the beginning of this process i asked him to hold the legislation so we would actually give the delivery at companies the opportunity to sit down with us and do the right thing on their own. We gave them the option during this pandemic, during this health crisis, and during this economic catastrophe to make this decision for themselves and i had multiple meetings with them and working with the industry and laid it out for them and said if you do not do this, well do this for you and its going to make you look as though you did not have the the decency to do this on your own. Ultimately, we made the decision to start off at 10 and we compromised with the Mayors Office as supervisor peskin said and ultimately landed on 15 . I will say i appreciate that theres been some negotiations around the idea that this would end 60 days after full Indoor Dining and i appreciate were coupe dating the file and i was going to suggest that the lead cosponsor and say to them that at some point this might be the best practice anyway for this industry. We need to continue to look at that but i want to put that on the record. We did give the decision to make that on their own and were talking about the survive alf the backbone of our and our economy is based on these Small Business owners and the idea many of them would be signed up without their knowledge and they would have prices set without their knowledge and they would be put no contract and when they were in contract not get out of contract without their own undoing. These are important things were doing so i want that thank lee for his hard work and thank you supervisor peskin for working on this legislation and all the different folks, the Golden Gate Restaurant Association and Small Business perch ants and steed wide folks that are impacted by this so i just want to thank you for your leadership and im proud to be a lead cosponsor on this. Supervisor mar. I just want to thank supervisor peskin and the office for your work on this and wed like to be added as a cosponsor. Supervisor ronen. Thank you for the work and please add me as a cosponsor. Yes, please add me as a cosponsor. Supervisor preston. Sorry. Yeah, same here. Please add me as a cosponsor. Ok. President yee all right. So ther