# Board of Supervisors Minutes: November 3, 2020 - Meeting date: 2020-11-03 - Document type: minutes - Pages in official PDF: 24 - [Canonical HTML transcript](https://sfbos.info/documents/721/2020-11-03-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=813393&GUID=8198A819-3E11-4214-BB79-A4298E3D46E8) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 201090: Apply for Grant Application - Retroactive - Centers for Disease Control and Prevention - Integrated HIV Surveillance and Prevention Programs for Health Departments - $7,008,377 - Pages: 6-7 - Vote 1: adoption, likely final - Action: 201090 [Apply for Grant Application - Retroactive - Centers for Disease Control and Prevention - Integrated HIV Surveillance and Prevention Programs for Health Departments - $7,008,377] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Department of Public Health to submit a one-year application for Calendar Year 2021 to continue to receive funding for the Integrated HIV Surveillance and Prevention Programs for Health Departments from the Center of Disease Control and Prevention, and requesting $7,008,377 in HIV prevention funding for San Francisco from January 1, 2021, through December 31, 2021. (Public Health Department) Resolution No. 523-20 ADOPTED by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee ### File 200701: Building Code, Environment Code - Mandating New Construction Be All-Electric - Pages: 7 - Vote 1: first-reading - Action: 200701 [Building Code, Environment Code - Mandating New Construction Be All-Electric] Sponsors: Mandelman; Preston, Mar, Haney and Walton Ordinance amending the Building Code to require new construction to utilize only electric power; amending the Environment Code to provide public hearings on implementation of all-electric requirements; adopting findings of local conditions under the California Health and Safety Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee ### File 200398: Police Code - Third-Party Food Delivery Services - Pages: 7-8 - Vote 1: amendment - Action: vices from providing services to any restaurant without the restaurant’s express written agreement to receive such services; 5) requiring third-party food delivery services to terminate a service contract within 72 hours of receiving a notice requesting termination from a restaurant; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this Ordinance; and providing that the Ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. Supervisors Ronen, Preston, Yee, Mar, Fewer, and Haney requested to be added as co-sponsors. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 7, by adding ‘Covered establishment shall not include any restaurant that meets the definition of a formula retail use under Section 303.1 of the Planning Code.’ The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee - Vote 2: first-reading - Action: taurants at 15% of an order total; 2) prohibiting delivery services from restricting such restaurants’ pricing; 3) prohibiting delivery services from charging such restaurants for telephone calls to the delivery service not resulting in any food or beverage order; 4) prohibiting delivery services from providing services to any such restaurants without the restaurant’s express written agreement to receive such services; 5) requiring delivery services to terminate a service contract with such restaurants within 72 hours of receiving a notice requesting termination; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this ordinance; and providing that the ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. Supervisor Peskin requested this Ordinance be DUPLICATED AS AMENDED. (See duplicated File No. 201256.) PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee ### File 201256: Police Code - Third-Party Food Delivery Services - Pages: 8-9 - Vote 1: amendment - Action: ces from restricting such restaurants’ pricing; 3) prohibiting delivery services from charging such restaurants for telephone calls to the delivery service not resulting in any food or beverage order; 4) prohibiting delivery services from providing services to any such restaurants without the restaurant’s express written agreement to receive such services; 5) requiring delivery services to terminate a service contract with such restaurants within 72 hours of receiving a notice requesting termination; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this ordinance; and providing that the ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. (Duplicated from File No. 200398.) Supervisor Peskin, seconded by Supervisor Fewer, moved that this Ordinance be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote: - Ayes: Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee ## Extracted text ### [Page 7](https://sfbos.info/documents/721/2020-11-03-minutes#page-7) Board of Supervisors Meeting Minutes 11/3/2020 Recommendation of the Land Use and Transportation Committee 200701 [Building Code, Environment Code - Mandating New Construction Be All-Electric] Sponsors: Mandelman; Preston, Mar, Haney and Walton Ordinance amending the Building Code to require new construction to utilize only electric power; amending the Environment Code to provide public hearings on implementation of all-electric requirements; adopting findings of local conditions under the California Health and Safety Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisor Mandelman, seconded by Supervisor Stefani, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of November 10, 2020. The motion carried by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee Recommendations of the Public Safety and Neighborhood Services Committee 200398 [Police Code - Third-Party Food Delivery Services] Sponsors: Peskin; Safai, Mandelman, Walton, Stefani, Ronen, Preston, Yee, Mar, Fewer and Haney Ordinance amending the Police Code to regulate third-party food delivery services (“delivery services”) by 1) capping fees charged to restaurants at 15% of an order total; 2) prohibiting delivery services from restricting restaurant pricing; 3) prohibiting delivery services from charging restaurants for telephone calls to the delivery service not resulting in any food or beverage order; 4) prohibiting delivery services from providing services to any restaurant without the restaurant’s express written agreement to receive such services; 5) requiring third-party food delivery services to terminate a service contract within 72 hours of receiving a notice requesting termination from a restaurant; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this Ordinance; and providing that the Ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. Supervisors Ronen, Preston, Yee, Mar, Fewer, and Haney requested to be added as co-sponsors. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 7, by adding ‘Covered establishment shall not include any restaurant that meets the definition of a formula retail use under Section 303.1 of the Planning Code.’ The motion carried by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 1014 Printed at 1:01 pm on 12/4/20 ### [Page 8](https://sfbos.info/documents/721/2020-11-03-minutes#page-8) Board of Supervisors Meeting Minutes 11/3/2020 Ordinance amending the Police Code to regulate third-party food delivery services (“delivery services”) by 1) capping fees charged to non-formula retail restaurants at 15% of an order total; 2) prohibiting delivery services from restricting such restaurants’ pricing; 3) prohibiting delivery services from charging such restaurants for telephone calls to the delivery service not resulting in any food or beverage order; 4) prohibiting delivery services from providing services to any such restaurants without the restaurant’s express written agreement to receive such services; 5) requiring delivery services to terminate a service contract with such restaurants within 72 hours of receiving a notice requesting termination; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this ordinance; and providing that the ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. Supervisor Peskin requested this Ordinance be DUPLICATED AS AMENDED. (See duplicated File No. 201256.) PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee 201256 [Police Code - Third-Party Food Delivery Services] Sponsors: Peskin; Safai, Mandelman, Walton, Stefani, Ronen, Preston, Yee, Mar, Fewer and Haney Ordinance amending the Police Code to regulate third-party food delivery services (“delivery services”) by 1) capping fees charged to non-formula retail restaurants at 15% of an order total; 2) prohibiting delivery services from restricting such restaurants’ pricing; 3) prohibiting delivery services from charging such restaurants for telephone calls to the delivery service not resulting in any food or beverage order; 4) prohibiting delivery services from providing services to any such restaurants without the restaurant’s express written agreement to receive such services; 5) requiring delivery services to terminate a service contract with such restaurants within 72 hours of receiving a notice requesting termination; 6) requiring retention of and City access to records substantiating compliance with these restrictions; 7) authorizing the imposition of penalties for violations; and 8) authorizing the Office of Economic and Workforce Development to implement and enforce this ordinance; and providing that the ordinance shall expire by operation of law 60 days after the County Health Officer amends the Stay Safer at Home Order to allow indoor dining at restaurants at 100% capacity. (Duplicated from File No. 200398.) Supervisor Peskin, seconded by Supervisor Fewer, moved that this Ordinance be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote: Ayes: 11 - Fewer, Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 1015 Printed at 1:01 pm on 12/4/20