welcome to our rules committee meeting for thursday, february 20, 2014. i am supervisor norman yee and i will be chairing this meeting. i'm joined by supervisor campos and katie tang. the committee would like to acknowledge the staff of sfgtv jennifer low and ross. who record the meetings and make the transcripts available online. madam clerk, are there any announcements. >> please submit speaker cards to the clerk. items will be

on the march agenda unless otherwise stated. >> >>supervisor norman yee: madam clerk please call item no. 1. city clerk: item 1: 130401: health code - hazardous materials]1304011.ordinance amending the health code to require electronic applications for registration of hazardous materials and for underground storage tanks be filed through the california environmental reporting system, to eliminate the requirement that registration of hazardous materials plans include a program for reduction of hazardous materials, and to provide for fee adjustment; and making environmental findings. city clerk: sf 11234 >>supervisor norman yee: i believe cindy from the department of public health is here to present. >> good afternoon supervisors, my name is cindy, i manage planning and fiscal policy in the environmental health branch. i'm here with paula, our senior staff at our hazardous material and waste program. it's part of the environmental health branch of the san francisco department of public health. the program implements six state environmental mandates and

two local mandates. there are three amendments being proposed to article 21 of the health code. the first so conform to state law 25404 of the health and safety code. they require all facilities to present certification through the california environmental reporting system also known as sers. the regulated committee will be able to enter data. state legislation was at ab 2236. environmental health staff has provided technical

support on our reporting system and now it's easy to update their existing information and provide a paperless one stop shop for multi-businesses. the 2nd amendment eliminates the hazardous material plan for the use of hazardous materials and generation of hazardous waste. this is again conforming to local legislation state law. this was enacted in the early 1980s when hazardous materials were more abundant. most facilities are reduced their hazardous storage to low levels. we have a health prevention and green business program and we now accomplish reduction through working with our businesses and consultation instead of regulatory action. businesses are still required to provide health waste reduction plan. a 3rd amendment is a fee adjustment. if the fees in

the facilities invoiced from the department don't accurately reflect the facilities current activities, the facility may now address a fee adjustment for them with correct information with the fee payment. the businesses may have reduced or inventory since their last renewal and inspection may not be conducted in this time period. the fee adjustment form allows for a mechanism to adjust their fees accordingly. i'm happy to answer any additional questions to the amendment and legislation. >>supervisor norman yee: thank you very much. colleagues, any questions? no questions. thank you. any public comments on this matter? seeing none public comment is now closed. can we have a motion to move this to the full board. no objection. item passes.

item no. 2. city clerk: item 2: 130710: [terms of and expansion of scope - existing local agency formation commission positions]1307102.sponsors: avalos; campos and marresolution amending the terms of the existing local agency formation commission lafcoo positions by expanding the scope of services for the senior program officer; extending the term of employment additional three years through june 30, 2016; and utilizing the existing lafco budget to continue funding this position. city clerk: item 2: 130710: [terms of and expansion of scope - existing local agency formation commission positions]1307102.sponsors: avalos; campos and marresolution amending the terms of the existing local agency formation commission lafcoo positions by expanding the scope of services for the senior program officer; extending the term of employment additional three years through june 30, 2016; and utilizing the existing lafco budget to continue funding city clerk: item 2: 130710: [terms of and expansion of scope - existing local agency formation commission positions]1307102.sponsors: avalos; campos and marresolution amending the terms of the existing local agency formation commission lafcoo positions by expanding the scope of services for the senior program officer; extending the term of employment additional three years through june 30, 2016; and utilizing the existing lafco budget to continue funding this position. >>supervisor norman yee: 1234 >> okay, i see supervisor avalos office is present. please come to the microphone if you have comments to make. >> thank you, good afternoon supervisors, frances shea with avalos office. thank you very much chair yee for scheduling this on the agenda today. since the membership of the rules committee has changed a little bit since we last heard this item i hope you will indulge me if i go over it again. supervisors, as you are aware lafco advisory board of the community choice aggregation program has

diminished. supervisor avalos response to these changes is start to examine lafco's future scope of work. the item before you doesn't focus on that element of the discussion but this item. specifically given that less time is required to assist with the development, implementation and operation and management of the c ca program it would be better to develop the cost duties to include executive officer duties. currently lafco contracts with miller and ian for it's general council service. ms. miller was also the council and filled the director position on an interim basis. direct deuces include preparing

contracts and rfp's and commission items and staff reports and sfpuc staff and monitoring contracts and preparing budgets and reports for the commission and general services related to what comes up on the agenda for lafco. in the last fiscal year the amount that has charged for general council services was a little over $2,000 for 8 hours of work. during that same period of time, the amount for executive services is -- in the current year lafco has paid a little over $5,000 and nearly 28,000 for the executive director work. regardless of the duties she fulfills whether they are the

general council, the bill is the same. the resolution before you today is a result of conversation that lafco has had in a few years and an attempt to address this inefficient use of budget. this resolution does two things by consolidating the executive director duties into 1975 senior development specialist position and that rate those services could be built at the lower rate of $52.86 an hour. in the last fiscal year this would have saved $54,000. this allows for the funding source of the director duties. this allows for the continuation of that. and i know there is a question about how much was in there.

currently there is a little over $375,000 still in the fund and we have an agreement with sfpuc with cca and there is $665,000 left. this also does is it extends the possible term for the 975 position for the 3-year period. to be clear this resolution doesn't guarantee that this position will remain for 3 years. it allows the position to stay open, to extend for another 3 years. as i referenced earlier lafco and it's commissioners are planning to review the work scope and future work plans and as a result of that discussion, that will ultimately determine what the future work scope and length of contract for the 9975 position is. this resolution allows it to go up to 3 years. so i hope that's enough

background and information for you to support this item today. i can try answer any questions you might have. the clerk of the board isn't here and available, so we may have to call on lafco staff if you have any operations questions. in the meantime if you have anything, any questions for me. >>supervisor norman yee: thank you, frances. supervisor campos? >> thank you very much for the excellent presentation. i'm actually somewhat surprised that this item has taken so long to get out of committee. i would strongly urge my colleagues to move it's item forward. i have been a member of lafco since i got elected to the board of supervisors and for a number of years was the chair of lafco. what you have to understand is that the history of the lafco in san francisco is a unique one and lafco in san francisco has not played a role as other

jurisdictions. i think that has been a mistake in the sense that there is a lot of potential for lafco playing the role of ensuring good government, best practices within city agencies. in fact that's what other lafco's do. they provide oversight and provide ideas on how to more efficiently effectively manage and provide government services. and it allows for agencies like the board of supervisors to use resources other than the general fund to conduct issues and reviews. the perfect example is what would with the issue of garbage and waste management where lafco was instrumental in helping with that. what this does is it simply allows us to be able to proceed with expanding the scope of that work. in that sense it brings the san francisco lafco in line with every other lafco in the state of california. i

also think that to the extent that there are specific concerns about how the individual position has been filled will be filled and how that will be managed. i can tell you as chair of lafco and i know the commissioner supervisor avalos does the same thing that there is a lot of time and care that goes into managing lafco staff. when i was chair of lafco as is the case with supervisor avalos, it's very careful monitoring of staff, scheduling and all of that. i think that it's really imperative to move this item forward. i don't know what the hesitation has been but i know that we are sort of tying lafco's hands by not moving forward and i ask that that happen expeditiously. >>supervisor norman yee:

supervisor tang? >>supervisor katy tang: thank you supervisor campos. i do agree with the change of the scope of the position for the senior program officer and i believe the cost and savings is very justified. the question that i do have, again i do understand that we as a board of supervisors we are not here to -- i mean lafco is here to serve and there are members of our board who serve directly on lafco, but die want to know given the current state of affairs what are some of the things that we are directing lafco to work on and i think that the component that i'm a little bit concerned about which i know that frances did address was extending the term of employment for an additional 3 years given this. i was wondering why we could not consider doing this on a year to year basis. again, i know that discussion are supposed to happen to determine the

exact duties and what will be coming out of lafco and then at that point you will be determining the length of time for the employment, but i want to know here at this point why we could not take that on a year to year basis. >>supervisor david campos: i don't know what ms. shea's response would be. from my point it would be very impractical. the scope of the duties determines how much work the person will be able to do. if you have a situation where the process requires lafco to come back every year and we have seen this happen. there are delays and maybe when committees meet, when something gets scheduled. i think what this does in the best way to do it is that to not do a five or 10-year term but actually for a 3-year period so lafco doesn't have to come back every year to

make sure that the definition of the responsibilities of the individual are broad enough that the person is busy. so i think that 1 year in my experience having been chair of lafco, doesn't make sense. it doesn't mean that lafco will indeed use the 3 years, but having that possibility is important and to the extent that lafco needs to shorten the period, i think it's more appropriate for lafco to make that decision given that we have members of the board of supervisors that are on lafco. if someone feels very strongly, i think there might be a vacancy on lafco. if a member feels so strongly about that and they are able to serve through lafco to do that. i don't think it's good public policy for the board

to micro manage lafco that way. i think it's better to give them flexibility. that would be my response. >>supervisor katy tang: i appreciate that response. i'm not here to micro manage lafco. i just want to understand the nature, the scope of the work to justify the 3-year extension is really my question. >> i think supervisor campos hit the nail on the head is to give lafco that freedom that at the time actually this was put together and as he also pointed out this has taken some time. we weren't quite sure of the scope of work and lafco is still having those discussions. at the time this resolution was developed they hadn't passed cca at the board. it was really to give lafco that flexibility and give it that sensibility that there would be that staff person through that transition period and really let lafco make that decision whether

they wanted the staff purn -- person on for one or two or 3 years. that 3 years would be a time to make that transition. >>supervisor katy tang: my follow up when will that discussion be happening in terms of determining the length of time that person will be serving at lafco. >>supervisor david campos: i think that lafco as i understand and supervised or avalos is the chair and breed is the vice-chair. they are waiting for the board to provide the authority to have that conversation. but, they are not going to be able to have that discussion unless they first have the authority from the board to actually expand the scope of work. i think that once this item moves forward, i would imagine lafco would have a discussion. i don't know the exact date,

but i assume that's what they are waiting on. >> yes, that's the intention as soon as this passes is to have that conversation at the next lafco meeting or soon as possible. >>supervisor katy tang: okay. thank you. >>supervisor norman yee: so, i guess i'm the only standing person from this committee here. i recall this discussion last year when it came to this committee. i certainly was in favor of the changing the scope of responsibilities. and my colleagues at the time on this meeting had many variety of questions about it and so it was determined at this point to continue this item to where it is today. i also have some concerns in regards to

and much of it is going to be the result of your discussion that they will have once they get the authority to have the discussion. but it's more on what's really going to happen. what really is the work here. i think maybe one 1 year is a little short. by the time you have determined the work, it's okay, let's go back. but at the same time, i think supervisor ankh -- tang's concern is warranted. i will see what kind of reaction i get from this. is if we allow enough time for that discussion to happen and allow enough time for the work to get implemented so by the time you need to come back you have a better gauge of what you would like to have as you move forward. i think one 1 year is

not long enough, but i also feel that 2 years maybe long enough. >> sure. if you would like to amend it to 2 years, we can certainly do that. >>supervisor katy tang: i would like to make a motion to amend p 2 line 23 to say it will be an additional 2 years from june 30, 2015. >> 2 fiscal years, because we are in the middle of a fiscal year? that would be one 1/2. >>supervisor norman yee: i would like to change it to two full years. >> we would leave it until june 30, 2016. >>supervisor katy tang: when they say 3 years, they mean

three 3 fiscal years? >> yes. >>supervisor david campos: i think because it took so long to act on it, it's probably a few months into it. yes. >>supervisor norman yee: it's been at least 6 months since we've heard it. >> okay. just change it to two. okay. >>supervisor norman yee: yes. with that. public comment? >> deputy city attorney. if you want to keep it at two then it will be three. this resolution extends through june 2016, it's 3 years even though practically it's 2 years and 4 months. >> okay, we'll just leave it alone. >>supervisor norman yee: is

there any additional public comment? seeing none, public comment is closed. is there a recommendation? >>supervisor david campos: so moved. >>supervisor norman yee: with no objection, this motion passes. thank you very much. item no. 3, please. city clerk: item 3: 140133: appointment, san francisco health authority] hearing to consider appointing one member, term ending january 15, 2017, to the san francisco health authority. clerk of the boardd vacant seat 2, succeeding brenda yee, term expired, must be a nominee of the hospital council of northern and central california, for the unexpired portion of a three-year term ending city clerk: sf 31234 1234 >>supervisor norman yee: ms. yee, you are here. you have not been here for a while. you can make a comment. >> no comment. i have done it for 2 years. i think it's a reappointment. >>supervisor norman yee: can you tell me what you have done? >> i have been the board of san francisco health plan and

learning what the system is all about. the second year you are trying to help make decisions. now that i pretty much acclimated to the system, hopefully the next two 2 years will be beneficial in being a board member and commenting and recommending ideas to the san francisco health plan. i have to commend the staff for all the hard work that they do. we share a common goal by taking care of the low income population. i think this is beneficial for both. >>supervisor norman yee: have you thought about as you move on to your next term, the things you would like to pursue? >> i always follow the footsteps of what the ceo provides. i follow what they recommend. if there is anything that is above and beyond or doesn't seem right, it's my job to basically ask questions to make sure that

san francisco health plan is very transparent. >>supervisor norman yee: colleagues, any questions? thank you very much. is there any additional public comment? seeing none, public comment is closed. colleagues, is there a recommendation? >>supervisor david campos: yes, i would like to make a motion to move the reappointment for ms. brenda yee for a positive recommendation. >> john gibner again. this is provided understate law and requires that the members of the commission either must work in the city or reside in the city so that charter position usually requires a waiver position does not apply in this case. >>supervisor norman yee:

motion passes. thank you. congratulations, once again. bye now. madam clerk. item 4. city clerk: item 4: 140134: [appointment, graffiti advisory board] hearing to consider appointing one member, term ending april 10, 2015, to the graffiti advisory board. clerk of the boardd vacant seat 14, succeeding debbie shea, term expired, must represent a business that operates in san francisco, for the unexpired portion of a two- year term ending april city clerk: sf 41234 >>supervisor norman yee: ms. deedey workman. >> good afternoon, i'm with the san francisco chamber of commerce. the chamber of commerce represents over 1500 businesses in san francisco. i would like to thank you for considering me in the graffiti advisory board and i have had the experience to interact with it and it would be my honor to serve on it. i joined with san francisco beautiful as executive director. san francisco beautiful is a longstanding civic improvement