feb6th, 2013. my name is supervisor mark farrell, i am the chair of this committee and we're joined by supervisor eric mar, the vice-chair and supervisor avalos and joined by board president david chiu. i would like to thank the members of sfgovtv, who are covering this meeting and also the clerk of the board, victor young. mr. clerk, do we have any announcements? >> yes, please silence all cell phones and electronic devices and completed speaker cards and copies of any documents to be include as part of the file should be submitted to the clerk. items acted upon today will appear on the february 12th, board of supervisors agenda unless otherwise stated >> thank you, mr. clerk, would you call item no. 1. >> ordinance amending the san francisco administrative code section 14b.2 and related provisions to increase contracting opportunities to certified public utilities commission local business enterprise and to make corresponding technical changes >> thank you very much, president chiu. >> thank you, mr. chair and

colleagues, i appreciate your consideration of the legislation in us today to continue changes to our city's local business enterprise ordinance to increase contracting opportunities for so-called certified puc lbe, which are small businesses located within our regional water service area, but outside of the boundaries of san francisco. the puc lbe program was created in 2006 to allow small business that operate within our puc water service area to compete for work on the water system improvement program; as know the wisp program has two-thirds of costs being paid by regional water customers of the sfpuc and so the thinking in 2006 it was appropriate for those communities that pay for our water systems improvement to also yield the local economic benefits that are certified puc lbe contracting program can provide. since the wisp program is nearing completion, but the sfpuc has additional projects

within the water service area that are not part of wisp construction, the changes in this legislation would allow puc it to continue to support the small businesses by expanding the program to other areas in the region to include the same lbe contracting procedures successfully implemented through wisp. the sfpuc, the human rights commission and small business commission support the changes. here to discuss the legislation is radicka fox from the sfpuc and miss dick-endrizzi from the small business commission and i have included language to ensure our foreman lbes will not be disadvantaged. miss fox. >> thank you, supervisor chiu for your leadership on this issue and good morning, chair farrell and members mar and avalos, thank you for considering this item today.

supervisor chiu really provided you with a great overview of the changes that we're seeking. just wanted to report that since 2006, when the puc lbe program was established, it's been very successful in creating regional opportunities for small businesses. we have about 225 puc lbes that have been certified through the same process, that san francisco lbes go through. so the program is working really well and as supervisor chiu said we think with these proposed changes, we think we can continue to be successful in opening up contracting opportunities to small businesses throughout our service territory. as supervisor chiu mentioned that the changes that we're seeking are two things. one is that as you know, even though the wisp, the water system improvement program is winding down we're about 80% through that capital program. we continue to have many

cost-shared projects with other jurisdictions. ongoing maintenance, et cetera, for both our water system on the -- with our power enterprise as well. and so this would allow us to continue the program with those projects. as we were going through the process, and thinking about the changes to the definition of the "pc lbe regional projectsing." we thought it made sense to add the sect change, which is that any projects 70 miles outside of san francisco, even if they are not a cost-share projecting, meaning that they are funded by city and county of san francisco. we want to extend the puc lbe discount. the thinking behind that provision is because the pc lbe program really applies on the construction side, projects that are that distance away from san francisco, that the travel costs and the travel implications for local business enterprises sort of makes it

not worth it. if they do compete for those projects, they would continue to get the lbe benefits that they would -- that they typically. as far as the amendments that supervisor chiu is recommending, one is a non-substantive technical amendment. where environmental findings are required. so there is a small non-substantive technical amendment and we wanted to make it very clear that san francisco lbes sort of get first priority benefit. and so there is an additional language change on the last page of the ordinance that basically says that if there is of a situation on a project that is 70 miles outside of san francisco, where the puc lbe discount would affect the ranking of a san francisco lbe,

that the puc lbe would not get that discount. so we felt that was a good way to sort of strike a policy balance of making sure that lbes in san francisco first get the benefit of this program, and that they would never be disadvantaged in potential future projects. so happy to answer any questions that you might have. thank you. is regina dick-endrizzi here? oh, chris schulman is here. >> very briefly on january 14th, 2013 the commission heard this ordinance and recommended approval by a 7-0 vote. while this ordinance primarily benefits small businesses outside of san francisco, the commission still weighed in strong support and the commission appreciates the protections put in place for

san francisco lbes. the commission would like to thank supervisor chiu and the puc for working with the commission over the past month. as we heard this ordinance and made our recommendation. thank you. >> mr. chair, do you want to open this up to public comment? >> with that, i would like to open up public comment. any members of the public who wish to comment on item no. 1 please step forward and if you would line up behind mr. paulson. >> good morning budget and finance committee. look at what happened to we? i'm walking on budget puc air. i never thought i could feel so budget-free, flying away on a budget wing and a prayer. who could it be? it's the puc. and it's a business opportunity. believe it or not, i'm walking on budget air.

i never thought i could feel so budget-free. flying away on a wing and a prayer, who could it be? the budget is coming back with business opportunities. thanks. >> thank you. mr. paulson. my other members of public who wish to comment? please step forward. >> good morning, committee. my name is brian phils. the chairman of the san francisco public utilities commission small affairs committee for the puc. i would like to thank you guys for having this committee meeting in order for the -- excuse me -- for this committee for the support of the legislation. alameda county and all of the contractors in alameda that i represent look forward to this passing. it will stimulate a lot of work. laborwise and contractorswise.

we look at the puc as being on the forefront of extending this out to the rate-payers out of the local area here in san francisco. so thank you very much. >> thank you. any other members of the public wishing to comment? please step forward. >> good morning. my name is lisa vigil. i am also a small firm advisory committee member. but i kind of wear two hats here. i also am with carpenter's local 152 in manteca and so in in that area i cover seven counties, san joaquin, stanislaus, mer yesterday calaveras and tuolomne counties. i am here to speak to 14b.2 amendment. i think it's a great opportunity. as i have sat on the board i have seen a lot of good things and a lot of good opportunities

come for contractors and through these opportunities, these contracts being small lbes or micro business contractors, we're able to grow their companies. that is really great because that is what we're looking for here is creating opportunities and the puc has done a great job at doing that, but part of my area also covers that part of that area. also, we do have cbos in our community in which we have been able to utilize the local high school students coming out of graduating high school and geting an it up to work on the projects. i think you have done a great job and i would like to continue and doing that. thank you. >> thank you any other members

of public wishing to comment on the item? if not, public comment is closed. [ gavel ] >> mr. mar. >> thank you, mr. chairman. i wanted to thank supervisor chiu, but especially miss fox and julie ellis from the puc in making sure there is equity especially for the small contractors and business. i know we have had hearings on the pep of color and women-run contracts and how there need to be more opportunities for them. so i am hoping with measures like this we make sure there is more opportunity, especially our most vulnerable communities in san francisco. so i would be like to be added as a co-sponsor as well. >> thank you. supervisor avalos. >> thank you, chair farrell and i would like to thank the puc and president chiu for this legislation.

it's in the context of seeing the puc and the projects that we build to the puc as regional and having a partnership? the region and that was something that we wanted to consider in the local hire ordinance and we have people who are actually here who see benefits from local hire ordinance and this ordinance as well. the idea is that where we're making investments and actually people and rate-payers and people around the region are making investments in our water system and there should be benefits spread around the region and not just san francisco trying to gobble up all the contracts that move forward. that is in that vein and i support and i would vote for it. >> thank you. president chiu? >> thank you, colleagues and i appreciate the support indicated by my colleagues and the members of public. as i mention there had before there where with there are a couple of technical amendments to ensure that san francisco-based lbes won't be

disadvantaged by the ordinance and colleagues, if you could pass this out, i would appreciate it. >> we'll do that without objection and can have i a motion to move item no. 1 forward to the full board with recommendation. >> so moved. >> and we'll do that also without objection. [ gavel ] >> thank you, president chiu and mr. clerk, would you call item no. 2. >> resolution authorizing the rec and park department to accept and expend a gift from the san francisco parks trust for $189,494.24 for urban trails construction, signage and mobile recreation for a period to remain in effect until complete. >> we have a representative from the rec and park department here. mr. clerk, could we get the microphone turns on?

thank you go ahead lisa. >> good morning, supervisors, i'm lisa of the rec and park to ask your committee to accept and expend a gift from san francisco parks trust known as san francisco park alliance for $189,494.24 to support urban trails construction, signage and mobile recreation. these are parts each and every grant rewarded to the park trust by coca-cola refreshments and it lous the park department to introduce thousands ofoum to trails for the best of all san franciscans and visitors. mobile recreation is a relative life new program of the

department that included skateparks and includes in-kind donations of mobile rock climbing wall, which you see picture hered here. just a little bit about the program. there are two new and popular elements of the mobile recreation program. on saturdays the rock climbing wall, skateboard ramps and bmx bikes go to neighborhoods across to san francisco for free drop and use from 10:30 generally to 2:00 in the afternoon. on wednesdays, this equipment is used by staff to provide an enriching outdoor activity for youth in rec and park

department after-school programs. to-date that has generally included kayaking trips on the san francisco bay and the pictures you see are youth from our potrero hill program at the indian basin. so the equipment that's been very busy this school year. the mobile rec equipment through the school year will make about 50 visit as round san francisco and staff estimated nearly 1200 youth have climb up the rock wall so far this year. the second part of the grant will go to fund trail improvements in golden gate park. this is in the northeast corner of golden gate park, runs along fulton street from 6th avenue to down to stanyan street. this portion of the grant includes an in-kind donation of

approximately $42,000 for signage and in-kind donation of $2,859.24 for design services. and cash grant of $50,000 for construction. this is a significant portion of the project's budget. and i just wanted to say that these sorts of gifts along with the volunteer efforts happening at oak woodlands and other trail projects around the city are extremely significant because they allow the department to stretch its public trails funding to improve a wider network of trails through san francisco, including elsewhere in golden gate and other regional parks, like mcclaren. this is particularly important to the department, trails were identified as the most desired park amenity by san franciscans

in the 2004 recreational assessment n. summary this grant will support two programs and help the department fulfill its mission of providing enriching activities and caring for our parks. thank you very much. i would be happy to answer questions. >> thank you. supervisor avalos. >> thank you for your presentation. i think it's great that we're getting this money for these purposes, trails and for the recreation programs that are mobile. i have seen the programs and they are really great. this is from coca-cola and i think it's great that coca-cola is providing us these funds and making sure that we're reducing obesity in san francisco. is there any kind of

advertising that we do for coca-cola? >> >> these grants do not require any advertising at all. >> >> thank you. thank you miss branson. any members of public wishing to comment? you can line up on the far wall behind mr. paulson. >> does any trail last forever? i don't know. maybe we're near the budget end, i don't know. does any gift last forever? i don't know. maybe we're going to have the end, but money's hard to hold. we're going to have it maybe and bring it on, and they will

be singing songs on the trails and it's the real thing with this item gifted today. it's coke and budget. >> thank you, next speaker, please. >> good morning, thank you. i'm robert bakewell an enrichment resident who lives right next to this area of the oak woodlands and we have been working on this area for a long time and i'm also co-founder of the friends of the oak woodlands park, which is a park partner sponsored by park s alliance. we support the resolution for the acceptance of these funds and the community of support from east golden gate park neighbors are stewardship

volunteers and park partnership group collaborating in the revitalization of the park. two events organized by parks alliance and recreation and park department generated over 300 days of labor in contribution for the initial phases of this oak woodlands multi-use nature trail. it was very successful and eric was at one of these events. thank you, eric. this is a mile-long trail, extending from mcclaren lodge, linking san francisco's indigenous oak groves to 6th and fulton. we're thankful for this funding source that will help to complete this outdoor, valuable recreational asset. thank you. >> thank you very much, any other members of the public wishing to comment on this item? seeing none, public comment is

closed. [ gavel ] supervisor mars. >> i live across the street as well and i know this grant will go ang long way in making sure there is active sports, but also the trails project that many neighbors have been working on will be carried forward as well. it's one of the most beautiful areas in the city and we hope people come out to that natural areas program, the oak woodlands between stanyan and 6-7th avenue along fulton in the city. i wanted to say that the active sports effort by the recreation and park department is incredible and to have a mobile unit, rock climbing, which i love as well and peter from my staff is a big rock climber as well, but to have youth have more access is wonderful. and kayaking and other things, too. like supervisor avalos, i share the concerns about the source of the funding, but it makes up

for a little bit of the obesity-causing problems by the company that is sponsoring this. at least it's making up for allowing some of our youth to have active lifetimes and for our rec and park department to have much more support. so i'm supportive of this accept and expend and thank you to supervisor farrell for sponsoring it. >> thank you, supervisor mar and thank the rec and park department and park alliance and coca-cola. i think it's a great example of fill an philanthropy. is we'll send forward to the board without opposition. >> mr. clerk could you call item no. 3? >> item no. 3, ordinance amending the san francisco administrative code by adding section 16.702 and 16.29-7.6 to mandate payment to the city

employees to offset federal income taxation on health insurance premiums for their same-sex spouses or same-sex domestic partners and to exclude such payments from the computation of compensation under the san francisco employees' retirement system. colleagues this legislation mandates payment to city employees to offset federal income taxation on health insurance premiums for their same-sex spouse and same-sex domestic partners and supports our lgbt. currently the way it stands the city employees will same-sex spouses or domestic partners elect to add their spouse or domestic partner to their health plan and in additional federal tax is taken out of

think paycheck. the federal government views these to be taxable income. therefore city employees and others with same-sex spouses or domestic partners are taxed more than other city employees simply because their spouses are the same gender. this discame nation has caused same-sex spouses and domestic partners thousands and thousands of dollars each year and the city and county active members is approximately 386 as of the end of last year. san francisco always has been uni hope always will be a leader in supporting our lgbt community. following the example of other municipalities such as cambridge, massachusetts and google and could i hope we will do the same. this legislation will ensure same-sex domestic partners who work for the city and county of san francisco will not be burdened with these taxes. ultimately this is an issue of

equality. the additional taxs is one of the many results of defense of act act or doma. married lgbt committees are already denied many rights and this additional tax adds another sting to the injustice of doma. this brings great hope the u.s. supreme court will hear the california proposition perry case and various doma cases later this year. however, as a legislative body here in san francisco, i don't believe we can or should standstill and wait to see what the u.s. supreme court does while this discrimination continues. i look forward to working with everyone to get this passed. i am proud that this legislation is supporting and cosponsored by supervisors wiener, campos and chu, as well

as the lgbt democrat democratic club and lgbt. we have prided ourselves of being ahead of curve and the props of a better tomorrow. as a city we should not stand idle as contributing members of society -- with hope and uncertainty certainty that the u.s. supreme court will find doma cases unreasonable. colleagues i hope i can for your support. we have a number of speakers to speak. >> good morning, controller's office. this legislation if passed by the board of supervisors and signed by the mayor would take

effect next fiscal year and the department or the city's payroll division would administer the benefits through a one-time annual payment based on actual information we would receive from the health service system. as to the number and the name of the individual employee that has same-sex or domestic partner insurance as a co-dependent and then we would calculate the amount in accordance to the proposed legislation, which would be 20% of the premium that is associated with that dependent. and and if as supervisor farrell said the doma is overturned and/or same-sex marriage becomes legal on a national basis we do expect that the federal irs requirements would be similar to that of the state

and there would be no financial penalty and therefore, this would be moot at this point. be we would be prepared to make the payment at the end of the calendar year. so it would be for six months at first payment and if need be, then it would be for full-year in subsequent calendar year 2014. >> thank you of >> thank you >> department of human resources i want to confirm we conducted the required meet and confer process with our unions. about five of our unions and the largest were the machinists and local 21 and after asking some quest