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tv   [untitled]    February 8, 2013 8:00am-8:30am PST

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it through the commissioner mar and his office and we will inform you of that and city wi-fi and after doing research into that. there was discussion in this commission before i started here so i had to do real research into this. this commission doesn't take actions on the item. they encouraged the city to look at stuff. there was a committee and media alliance that created a report on that and gave information and numbers on it. both of the groups exist. i haven't reached out because i wanted direction from the body but perhaps they want to work with lafco to recreate the project and determine the current numbers as far as cost and how things work and that might be a way to jump start an issue if the commission is interested in moving down this area. the other area that potentially be added is the black fiber. i know there have been discussions in the city
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off and on about the black fiber issue so we might want to add that into the mix as well. if we do what i consider in-depth work on this that is one of the items we need to go to outside counsel or help for because that area gets technical quickly and currently staff doesn't have the expertise and considering cca is a priority for us to give the time and learn the issue that is needed to do something quickly on that item so i might want to suggest on that item we reach out to the two groups and see if they have an interest working with the city and revitalizing what was discussed prior and getting information and the technology that has changed and understand what the current technologies are so we know how to go forward in a more efficient manner -- >> i'm not sure about media alliance. i think they restructured dramatically and not as much staff in the past.
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it's worth exploring. what is the name of the other group. >> the institute of self reliance. it's based in new york or washington dc. they seem to have a lot of staff and the person that did the report is no longer there but the title is still there so there is something doing that work that work there is. >> okay. and you mentioned black fiber as well. could you explain black fiber? >> my knowledge is limited -- >> black fiber. >> dark fiber. black fiber. i heard it two ways. there are fiber optics that the city owns and controls and not utilize and there are quarters it does exist and how do we utilize that to helplet folks. >> municipally owned fiber. >> yes correct. some is used
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by the city but there is excess as i understand and the other item brought to us after lafco met by supervisor kim's office is about parking meters. this is an on going discussion we had and that staff had other meetings and there are other issues and at least now i suggest holding off on that until we get direction exactly what the supervisor's office is looking for us to do on the project so those are the quick items. what i would suggest doing since cca is going to be a big item and continue to be i imagine the remainder of the year we have -- there are going to be times there is not as much work to be done and i can find interns to supplement the research and we work on the appointment of elected officers seem to be the one with most interest from the commissioners of trying to do something
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immediately on that, and that we start doing research into how that would work and i could create a study format and work with folks on that item. >> commissioner campos. >> thank you mr. chair and i want to thank our staff for the work they have done around this issue. i think that the suggestion of continuing the work on community choice aggregation and then looking at the appointments issue is a good one. i would suggest that that as a general approach it probably makes sense for us as a commission to simply give the chair the discretion moving forward to direct the focus or the work of the staff. i certainly don't have any issue with or any problem with any of the issues listed in this
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memorandum, and if at any time situations change and it gets to a point where it maybe appropriate as deemed by the chair for staff to focus on one of these. i certainly would be very happy with the chair having that discretion. likewise i think it would be important as new members of the commission come on board to make sure that they have an opportunity to also add any item or items that they would like to have lafco look at. i would imagine that that some of the new members would have their own ideas in terms of issues that that when it comes to good government that we could be looking at but i'm comfortable with this approach but i think the r ultimately it makes sense for the chair to have that discretion. >> thank you. i would i will
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take that -- i will agree with that and move forward and of course i will consult with other commissioners on the body that we're informed of the work as well. commissioner mar. >> yeah chair avalos i will say i'm in support of mr. jason fried's report and supporting these two items and having flexibility, and i agree with delegating authority to the chair to work with you and as new members come on to have the flexibility to open it up as new reports and studies are needed so i'm supportive. >> all right. thank you. very good. thank you for your presentation. this item we can open up for public comment. >> excuse me. good afternoon again commissioners. eric brooks, san francisco green power and our city. just two
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comments. one is on the municipal bank. i would hope that we would actually i was envisioning at some point when we take that up that lafco will help design a plan to start a municipal bank and just go for it. on the public internet access issue it's important to expand on what mr. jason fried said a little more and that is what this original came up a while ago, not just when the mayor did the wi-fi thing, but before that supervisor ammiano -- i think it was 2002 -- i maybe wrong, had a study to use what we have and in fact build out fiber optics to the entire city and create a comprehensive public broadband network so i recommend that when we take
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that up we pull that study out and figure a way to up date it or new one that is similar. that would be an expense, but that was the idea is that we need to get to building out a big city wide municipal brand band especially because in many states it happened. in california there were a couple of attempts to make it illegal for communities to build their own broad band and that's why i bring it up and if we don't do that we might lose the opportunity to get it and that's the other ask on that let's see if we can get a study commissioned that will show us how to do the city wide broad band fiber optic build out and it wouldn't necessarily cost a lot to do that because there are a lot of high value stuff going over the internet now, video,
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et cetera, and that provides a revenue opportunity so just as we use revenue bonds to do a lot of city projects and the build out of cleanpower sf we will have an opportunity to use those bonds like a build out like that so i encourage you to look at that issue and work on it more and do the more comprehensive work on it. >> thank you. any other member of the public that would like to comment? and seeing none we will close public comment. i agree. the approach will be i will work with lafco staff to look at our projects and research and we will consult with lafco members as topics come up. i do have a big interest in municipal banking in san francisco and i'm not sure we're at the concept phase or the idea phase. there is a little way to g i think it's a
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fine idea but there is work to go to make sure it's not a mistake and i want to make sure you're moving forward but that will take effort to do that, and i like the idea of combining of city wide wi-fi looking at broadband fiber issue. i think it was something we picked up about five years ago in the city and it's worth exploring a bit further. okay. so with that we can go on to our next item. >> do we need approve the work plan? is it more the general direction we're giving now? is that sufficient for lafco staff to move forward? >> i think the direction that you provided is sufficient. >> okay. >> thank you. >> very good. let's go on to the next item. >> item number six, lafco staff structure. >> thank you very much. ms. miller and commissioner campos would you like to open
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up this item? >> sure. >> thank you mr. chair and also defer to ms. miller on this. by understanding is there is more information we will get from the department of human resources and the clerk's office and so i know the report is here for the information and benefit of members of the commission and public but i would simply say it makes sense for us to continue this councilmember. >> okay. and ms. miller. >> yes. that's actually what is what i was going to say. we're not in the process of ready to act today so at the next meeting potentially. >> okay. very good. let's open this item up for public comment. any member of the public would like to comment on this item? seeing none we will close public comment. so colleagues we will
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continue this item to the next lafco meeting. >> so moved. >> very good. we will take that without objection. next item please. >> item seven office of workforce development report. >> i have no report. >> jason fried lafco staff. we know that one of the two positions at the board of supervisors the supervisor asked to join lafco so that will go through the city's process hopefully by the february meeting. by the latest march we should have one of the two vacant seats being filled. >> okay. very good. public comment on this item? and we will close public comment. commissioner campos, do you have a comment? >> maybe i can do it as part of the -- i guess i can do it here. on the issue of structure so that folks know. i will be introducing a resolution and
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would hopefully with the co-sponsorship of of the members of the board of supervisors at some point to modify a prior resolution introduced at the board of supervisors in terms of the scope of the work that some of the lafco staff can do so at the time some of the language that was used was more restrictive so we simply will introduce language that provides more flexibility in that and that's consistent with the direction that we have been going, and not only focusing on cca but other issues under the purview of the lafco so i will introduce that resolution and will be asking some of my colleagues on the board for their co-sponsorship. >> okay. very good. do we have public comment on the executive
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committee report -- executive officer's report -- i think we did so we will go to the next item general public comment. >> item eight is public comment. >> okay. seeing -- we do have a comment from the public. >> i am sorry. before i kind of wrapped up before i mentioned this is a really short presentation. i know al gave the summary of the business model but if you haven't seen the report from local power and look through it and even the graphs are work looking at it and the job estimates. >> can i have that copy? >> yes, you can. >> thank you. >> okay. and now we will close general public comment. and we can call the next item please. >> item nine future agenda items. >> colleagues any future agenda items, topics for discussion?
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okay. public comment on future agenda items. seeing none we'll close public comment and our last item? >> is adjournment. >> we are adjourned. thank you linda. and thank you everyone. >> good afternoon welcome to the government oversight audit committee. my name is carmen chu. with supervisors cohen and campus. mdm. clerk we have announcements?
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>> clerk calonsag: turn off all electronic devices; submit cards for any speakers. each member will be allotted the same number of minutes to speak in each item. items will appear on the february 5 supervisor meeting. >> would you call item 1. >> clerk calonsag: ordinance amending the san francisco administrative code by adding sections 6.22 q and 6.42 f to require a public works contractors to pay subcontractors. >> chair: this is an item that we have been working on for quite some time. catie chang in my office among other folks and contractors have been working on ways to improve the
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way that we do business. one of the areas is reducing withholdings to make sure we are not the bottleneck for many of the local businesses and many small businesses and also what we can do to improve the issue of prompt payment. especially during the past few years the idea of how it is the city processes payment and get them back out to contractors is an important issue for us. if you think about the prompt an issue, you can think about it in three parts: when it is that contractors submit invoices, we hear a lot about this; how long it takes for the city to process an invoice and finally the issue of when it is that contractors pass on payment to subcontractors after
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the receipt payment from the city. many recognize there is much to do in the first two phases of prop favorite, with has to do with how we get contractors to submit invoices in a quicker way. we have created an online system. the second portion with regard to processing in time the city already has a certain requirements around how quickly we are required to process payments for both construction contracts as well as professional services contract. there is a lot work to be done to track how well the city does to standardize; we count that time. and be able to report on that and see how we do. there are opportunities in those two faces.finally in the third area,
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with regards to how fast primary contractor space of contractors, there are rules, a three-day requirement already in place. this legislation does not change that. once upon contractor is paid by the city, that they pass and pay contractors within seven days, it is a reasonable piece of legislation. in the sense that if there is a dispute those items can be - there is a separate process for that. as long as they are not disputed items, the payment should happen. there is an enforcement component, a 2% enforcement are fine if the prime contractor does not pay.
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also private enforceable action between contractors. part of the incentive of doing this third portion is really to help to get us consistent with some of the state laws already in place that helps some of our contractors. that is what this legislation generally does, applicable to construction and professional services. there is a lot of work that we can do and we will continue to do with the task force. i know that mindy -- is here. making sure that we look at every piece of the process. i know that the city will continue to work for the mayors office as well with some of the executive directors. and colleagues i hope for your support for this legislation. it is a fairly straightforward one and it helps improve one part of the process. there is an amendment that i would request that we make
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after public comment. i will read that into the record. this really seeks to clarify the enforcement component. all that we would be doing is adding on page 1, line 22 i believe -- and on page 2, line 9. they should read that this subsection -- this is a part of his new -- enforceable and is not, and it goes back. with that, if there are any questions i will be happy to answer them. we do have our city attorney here to help us if there are any questions. -- who has been working with us on this legislation. other than that we will open for public comment. other members of the public who wish to speak in item number one? >> (off mic)
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(off mic) ofm(off mic) (off mic) --- (off mic) >> chair: i think you want to speak on item number two. >> i don't mean to be fresh. i am being straightforward. i'm true to this. i'm here at city hall for 20
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something years way before you all can hear. i don't know what you were doing 20 years ago, but i am doing the same thing i was doing 20 years ago, trying to find out what is going on at city hall. every department here needs to go over their contracts. for instance ttys signed contract that you don't know nothing about. there's a lot of things going on, i'm going to be here to let you know. i have been here starting city hall for over 20 years. specifically the last five years and the new administration. things -- and dwayne jones. because of the african-american outmigration. every department of the city affects us, african-americans. i know you don't want to hear that but somebody has to be up here and i will be
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here at every opportunity i can until city hall opens up their eyes to realize that the african-american black negroes are in a state of emergency in san francisco. >> thank you. next speaker. >> can you hear me? good afternoon supervisors my name is george shank (sounds like) - speaking as vice president of the asian-american contractors associations. we brought this legislation and discussed that among our membership and the board. this is a straightforward piece of legislation a supervisor chu mentioned. it will have in our view a very positive impact on the contracting community, providing certainty and predictability with regards to cash flow, with the seven-day
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component. there is also a mechanism for self enforcement which is positive, namely the 2% prompt payment penalty. for existing or upcoming sf projects, don't think that there will be an adverse transition to these requirements. these requirements have been going on since january 1 of last year. when jerry brown passes into law as of january 1 last year, for about a year prime contractors and subcontractors have been dealing with these requirements and successfully adhering to these requirements outside the city.transition to this legislation should be smooth. >> good afternoon my name is lloyd -- small business consultant. also an lbe and serve on the lbe committee.
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we have been talking a lot about your legislation. everybody i talk to agrees that it is a wonderful first step in this will alleviate a lot of suffering are some of the smaller outfits that have not been paid in literally years from their contracts. so having said that, congratulations. very good. we still have a lot of nagging problems with our lbe program. what i am hoping that you would understand and if you need more clarification we are available at the committee 87% of the lbes other micro-lbes, the smallest. since we are tweaking some of these ordinances it looks like we might have the mindset to realize some of the advantages to having work go to our local business enterprises especially our smallest ones which by the way
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comprise only micro, 87%, but most of the micros are minority and women owned businesses. you can go further than that and say that historically because of some institutional setbacks in our society, women and minorities have a harder time getting credit. it goes on and on. they remain small. i urge you to take this opportunity of this mindset and try to figure out a way to bring more work to the smallest, the micros, more set-asides and possibly some changing of the thresholds. >> chair: thank you very much. are there other members of the public who wish to speak on item number one. seeing none public comment is
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closed. (gavel) though i have a motion to amend the legislation as read in the record? >> so moved. >> seconded and we can do that without objection. this helps to address from component of the prompt payment process; other areas where we do think that we have room to move, we have room to look at what we require prime contractors to do with regards to submission, once they receive an invoice from a subcontractor. we have a lot more work to do around transparency and how the city can make sure all parties involved have transparency with where we are in terms of processing payments. finally i think the city has room to move in terms of figuring out how to standardized reporting and tracking payments and how it is that we do reporting.
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these are some of the areas of that forward to continuing to work on with the contractor community and with the city departments. do we have a motion to send the item forward with recommendations as amended? >> yes, madam chair. it is good to be back on government audits and oversight, and looking forward to working with this committee. i want to say that this is a very sound piece of legislation. it makes a great deal of sense. i like the fact that we are among the things conforming with state laws; it makes a great deal of sense to also provide certainty and clarity for the subcontractors that are impacted by this issue. and i would like to ask that my name be added as a cosponsor. >> chair: thank you very much supervisor. i would like to say that the small business commission has also acted to support this legislation as well. >> i make a motion to move this forward, the process of recommendation.