This is a r the regular meeting of the Small BusinessCommission Held on april 10, 2017. The meeting is being called to order at 5 31 p. M. The Small Business commission thanks [inaudible] can be viewed on sfgtv channel 78 or live streamed on sfgtv [inaudible] members of the public please take this opportunity to turn off Electronic Devices and Public Comment is limited to three minutes [inaudible] speaker card music on sfgtv could you shut off the music . [inaudible] office of Small Business slide. If you have any Small Business needs check this out. At office of Small Business and we can help you out. Its all free and please check us out. 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 thats not on the todays 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 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 companys signature golden gate day cruise that is still popular today. Red and white fleet tours were in full swing by the 40s 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 boats 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 Fishermans 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 PreservationCommission 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 its very service and ferry sight touring tours of San Francisco bay and for ruby sailing its 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 . Lets 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 thats very much part of San Franciscos legacy and its 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 ortizcartagena and second by commissioner riley. Commissioner adams. Yes. Commissioner dooley. Yes. Commissioner ortizcartagena. Yes. Commissioner toursarkissian. Yes. Commissioner riley. Yes. Zouzounis. Yes. That motion is approved unanimously 60 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 BuildingStandards 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 employees 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 dont 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 theres multipurpose 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 theyre 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 were 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 thats majority of women in San Francisco do not exclusively breast field despite its available. There are disparities in San Francisco among socioeconomic 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 childs 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 1520 minutes, two times during the eight hour shift. These breaks this is not part of the legislation. Its 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 theyre 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. Theyre 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 childs life. These of course are Larger Companies with more resources than the Small Businesses which we understand so i am sure youre 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 managers 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. Well 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 weve 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 toursarkissian. 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 doesnt include anyone so were 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 . Uhhuh. 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 youre 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 its 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 em