Public Safety and Neighborhood Services Committee Meeting - January 28, 2021
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Public Safety and Neighborhood Services Committee Meeting - January 28, 2021
The Public Safety and Neighborhood Services Committee of the San Francisco Board of Supervisors met remotely on Thursday, January 28, 2021, at 6:15 PM UTC, chaired by Supervisor Gordon Maher, with Vice Chair Catherine Stephanie and Member Matt Haney. The committee considered two agenda items: a liquor license transfer for a Grocery Outlet in the Bayview and a proposed ordinance creating a right to reemployment for workers laid off due to the COVID-19 pandemic.
Consent Calendar
- No consent calendar items were on the agenda.
Public Comments & Testimony
- For Agenda Item 1 (Liquor License Transfer): No members of the public called in to comment.
- For Agenda Item 2 (Right to Reemployment Ordinance): No members of the public called in to comment.
Discussion Items
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Item 1: Liquor License Transfer – 355 Bayshore Boulevard (Grocery Outlet)
- The San Francisco Police Department (SFPD) ABC Liaison Unit, represented by Officer Salmanson, presented the report. The applicant seeks a Type 21 off-sale general liquor license to replace the former Smart & Final, which closed in early 2019. The location is in a high-crime and high-saturation area (census tract 9809). There were no letters of protest or support. The Bayview Police Station had no opposition. The ALU recommended approval with four conditions: (1) sales permitted only between 7 a.m. and 11 p.m. daily; (2) no sale of distilled spirits in sizes smaller than 200 ml; (3) beer, malt beverages, and wine coolers in containers 16 oz or less must be sold in manufacturer-packaged multi-unit quantities; and (4) the petitioner must actively monitor the premises to prevent loitering. The applicant agreed to these conditions on December 17, 2020.
- Justin Zucker and Darius Tiranchi (representing Grocery Outlet) spoke in favor, noting the store will serve a food desert and reduce the need for residents to travel for groceries. Supervisor Maher noted that Supervisor Walton (district representative) supports the transfer.
- The committee voted unanimously to direct the clerk to prepare a resolution finding public convenience and necessity and incorporating the ALU conditions, and to send it to the full Board with a positive recommendation.
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Item 2: Ordinance Amending Police Code – Right to Reemployment Following COVID-19 Layoff
- Chair Maher introduced the ordinance, which codifies an emergency ordinance that has been reenacted three times since July 2020. It requires employers with 100 or more employees who lay off 10 or more eligible workers (employed at least 90 days) within a 30-day period to offer reemployment to those workers before hiring new employees. Offers must be made based on seniority. The ordinance exempts small businesses (fewer than 100 employees), healthcare employers, independent contractors, workers with collective bargaining agreements, and those with severance agreements. It also requires employers to notify the city of layoffs and maintain records.
- Joshua Arce, Director of Workforce Development at the Office of Economic and Workforce Development (OEWD), presented data on implementation from July 3, 2020, to January 27, 2021: 124 layoff notices were received affecting 9,901 employees; 45 rehire notices were received affecting 3,489 employees; of those, 1,652 were offered reemployment, 991 accepted, and 637 declined. OEWD also received 56 emails and several dozen calls from workers seeking clarification. Arce noted that the ordinance does not provide the city with enforcement authority; that lies with private right of action.
- Chair Maher questioned the discrepancy between the 3,489 employees in rehire notices and the 1,652 offered reemployment. Arce responded that not all employers who have rehired may have filed notices, and the reason for the gap is unknown without compliance authority.
- Supervisor Stephanie spoke in strong opposition, arguing the ordinance harms small businesses, particularly restaurants that employ part-time workers, and could disproportionately affect women and people of color by disadvantaging those with caregiving responsibilities. She noted the Small Business Commission unanimously opposed the ordinance and that it could jeopardize unemployment benefits for workers who decline offers.
- Chair Maher responded that the ordinance protects workers of color and women, who are overrepresented in the hospitality industry, and that amendments (e.g., exempting small businesses) were made based on employer feedback.
- No other supervisors made remarks.
Key Outcomes
- Liquor License Transfer (Item 1): The committee voted 3-0 (Stephanie, Haney, Maher all ayes) to approve the resolution and send it to the full Board of Supervisors for consideration on February 9, 2021.
- Right to Reemployment Ordinance (Item 2): The committee voted 2-1 (Maher and Haney ayes, Stephanie no) to recommend the ordinance to the full Board of Supervisors with a positive recommendation. The ordinance will be placed on the Board of Supervisors agenda for February 9, 2021.
Meeting Transcript
Good morning. The meeting will come to order. Welcome to the Thursday, January 28th meeting of the Public Safety and Neighborhood Services Committee. I'm Supervisor Gordon Maher, the chair of this committee, and I'm joined by Vice Chair Catherine Stephanie and Commissioner Matt Haney. Thank you to this committee's clerk, John Carroll. And I'd also like to thank SFGov TV for stopping this meeting. Mr. Clerk, do you have any announcements? Yes, thank you, Mr. Chair. In order to protect the public, board members, and city employees during the COVID-19 health emergency, the Board of Supervisors, Legislative Chamber, and Committee Room are closed. This precaution is taken pursuant to all various local, state, and federal orders. Declarations and directives, excuse me. Committee members will attend this meeting through video conference and participate in the meeting to the same extent as if they were physically present in the board's chamber. Public comment will be available for each item on this agenda. Both San Francisco Cable Channel 26 and SFgovTV.org are streaming a public comment calling number across your screen at this time. Your opportunity to pro to speak and provide your public comments during public comment period will be available to you by calling 415-65501. Once you're connected and prompted, you should enter today's meeting ID. The meeting ID for today's meeting is 146-267-3919. Following that, you'll press the pound symbol twice to be connected to the meeting. When you're connected, you will hear the meeting discussions, but your line will be muted and in listening mode only. When your item of interest comes up, dial star, followed by three to be added to the speaker line. Assistant prompt will then indicate that you have raised your hand. Please wait until the system indicates that you have been unmuted and you may then begin your comments. Best practices are to call from a quiet location to speak clearly and slowly and to turn down your television, your radio, or your streaming device. Everyone must account for potential time delays and speaking discrepancies we may encounter between live coverage and stream. Alternatively, you may submit any public comment you have on any of today's agenda items in either of the following ways. First, you may email me. My name is John Carroll, and I'm the clerk of the gov of the public safety and neighborhood services committee. My email address is J-O-H-N, period C-A-R-R-O-L-L at SFGOV.org. If you submit your public comment by email, I will include it in the legislative file as part of the matter that you're commenting upon. Your written comments may also be sent to our office via U.S. Postal Service. And our address in City Hall is one Dr. Carlton B. Goodlit Place from room 244, San Francisco, California 94102. If you need any reference for this information, you can also consult the agenda where all of the contact information is listed for you. And finally, Mr. Chair, items acted upon today will appear on the Board of Supervisors agenda of February 9th, 2021, unless otherwise stated. Thank you so much, Mr. Clerk. Can you please call item number one? Agenda one is a hearing to consider that the transfer of a type 21 off-sale general beer, wine, and distilled spirits liquor license to grocery outlet incorporated, doing business as grocery outlet located at 355 Bayshore Boulevard will serve the public convenience of the city and county. Members of the public who wish to provide public comment on this matter should call the public comment number and I'll repeat it. 415-65501. Enter today's meeting ID of 146-267-3919. Press the pound symbol twice to connect to the meeting and then press the star key followed by the number three to be entered into the queue to speak. Assistant prompt will indicate that you've raised your hand. Please wait until the system indicates that you've been unmuted and you may then begin your comments. Mr.
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