[gavel] >> next item. >> item 29 is a motion to appoint deborah hardy and [speaker not understood] to the mental health board, ~ term ending january 31st, 2015. >> same house same call? this motion is approved. [gavel] >> and with that, it is precisely 2:30. we have two special commendations today. the first will be offered by supervisor farrell. >> thank you, president chiu. i want to see if the members of presidio restoration advisory board are here. please come on up. so, i'll begin talking as they come up to the podium. please come on up to the podium here. colleagues, a we all know in 1994 the army leftedth presidio after 150 years of occupancy and left a ton of environmental issue to be resolved by members of the community. 1999 the presidio trust and national park service and the army signed an agreement transferring responsibility of clean-up to the presidio trust. and with the help of multiple

government agencies, private organizations and public groups began environmental remediation program, transform a so many other things have transformed in the presidio in the past few decade, into an amazing asset for our city and for our counseltry. and key to that success what the formation and citizens volunteering on behalf of our city ~ for the presidio restoration advisory board. these members served as an exchange of information. earlier this year they held a final meeting after a culmination of 20 years and we talk a lot about public service and volunteer efforts and this is, i think almost tough to grasp, being involved for that long and all of your hard service. certainly someone who grew up, my father was in the military. [speaker not understood]. the px, commissary [speaker not understood], i do remember shopping there for groceries, but people spent so long taking

such care of the presidio and really shaping it to be what it is today. it's just heart felt thanks. a few highlights i wanted to mention. their work included removal of 19,000 yard of lead and contaminated sediment from mountain lake. removal of 32 thou yards of landfill and incinerator waste and reestablishment of several hundred feet of creek channel in head waters of the watershed. capping five acre landfill to support the public field. thank you on behalf of my children who play there. excavation of 20,000 yards of petroleum and solvent impacted [speaker not understood] fresh and saltwater marsh expansion. giving the incredible undertaking but not only the presidio ha gone through, but so many people and agencies, and in particular the volunteers, i thought it was really appropriate that we honor them here at the board of supervisors chambers at the culmination of all of your efforts. i want to recognize a few people who are not here, a number of individuals who were very instrumental.

jan blum, doug kern, [speaker not understood], john, edward, john chester, [speaker not understood], gloria [speaker not understood], jim, tony, barbara and sarah seeing. ~ seigel. the three members who are here, mark duncan, julie monahan, [speaker not understood]. thank you on behalf of our entire city. someone who has been in the presidio my entire life, it is through the efforts of so many, but in particular yours a jewel and will be for generations for people in san francisco and the bay area and the country. for us on behalf of the board of supervisors, thank you for all of your efforts. plea know how much we all appreciate it. it's what makes san francisco tick and so great. i want to thank you and offer you the chance to say a few words. but thank you so much. (applause)

>> [inaudible] just a patient experience for us. to some extent we felt we represented a feeling in san francisco and the greater bay area of really caring about a new national park and a clean environment. so, we are just three of about 88 people who served on this board over the 20 years. although the two of us all happened to have served either 19 or 20 years, and mark was our chairperson for 18 of those years and did a great deal of research. so was instrumental in bringing about the clean up. >> just at the conclusion, i'd just like to stress the importance of citizen in67c.103 and community oversight in the process at the presidio and how effective it was in changing the outcome of the clean up and making the presidio a successful place. so, thank you very much ~. (applause)

>> thank you, supervisor farrell. and in case anyone is wondering who let the dogs out, i'm going to ask supervisor wiener and tang to make the next presentation. supervisors. >> okay, and i guess freda is

in the house. so, freda, do you want to come on up? there we go. from one mayor to another mayor. so, colleagues, as you know, supervisor tang and i have been working very, very hard with the community to try to improve our support for animal care and control. animal care and control, of course, is our city agency that is charged with animal welfare in san francisco with addressing the need of abused and neglected and abandoned animals. it is our social safety net organization for animals in san francisco and unfortunately animal care and control has

really not been adequately funded or staffed for a long time and we see the results every day and we're working to try to change that. and recently friend of animal care and control, wonderful nonprofit organization that raises money to support the work of the agency and is really a critical ally to animal care and control held its 25th anniversary gala and supervisor tang and i both had the honor of attending. and dean clark here today very generously supported that event on behalf of freda his dog. it has been a long time active member of our dog and animal lover community and has been a strong supporter of various organizationses. and, so, we wanted to bring him in today and honor him. and particularly honor mayor

freda or madam mayor or honorable mayor freda as i like to call her. she is a rescue dog as you can see. she is well dressed and also very well-behaved chihuahua, with the perfect balance of sass and smarts and sweetness, although her term in city hall is short lived and mayor lee will continue after freda is done, her message is, of course, timeless that we need to support animal care and control. and, so, mayor freda, want to welcome you and i'll turn it over to supervisor tang. i want to acknowledge [speaker not understood] from animal care and control who is here. and, so, i'll turn it over now to supervisor tang. >> thank you, supervisor wiener. thank you, mayor freda, for being here today. i can get more cameras on you than some other people who are here. i think mayor freda is really a great example of how much

rescue animals can add to our lives. i notice because my family, we adopted a dog from animal care control about six years ago and i really can't imagine our family without nishka. so, we really want to thank dean for being an advocate, of course. thank you for your support of our city's own animal shelter leer. like dean, our office is a huge supporter of sacc. we're proud of this organization and what makes them so unique is not only can you adopt cats and dogs, but you can adopt birds, reptiles, rabbits, guinea pigs and any other dough mess ~ domesticated animal you can imagine. [speaker not understood]. she helped us spread the word and it's about the great work of acc. so, i do want to thank jane

tobin and lisa [speaker not understood], co-presidents of friend of acc. they've been wonderful partners with the department. and mayor, welcome as our acting director of acc. so, in closing i just wanted to extend to mayor freda and dean a special invitation. we actually have a party in our office every december, it's our second annual holidays with kitens and we host our if ~ furry animals from acc. we'd like freda to join us if she'd like to. with that thank you for all of your work and your contribution to our wonderful organization. ~ >> i know how to get her to bark. anybody want to applaud? (applause)

>> that's about as close to a bark as you're going to get. she's very well mannered. [growling] >> is it okay if i get a picture?

>> thank you, supervisors wiener and tang. and congratulations to mayor freda. with that, colleagues, why don't we skip over our 3:00 p.m. special order until 3:00 p.m. and proceed to our committee reports which are items 41 and 42, the retail worker boulevard. madam clerk. >> item 41 and 42 were considered by the budget and finance committee at a special meeting on monday, november 17th. the committee forwarded the items as committee reports. they were recommended as amended but with the same title. item 14 1 is an ordinance to amend the police code to regulate the operation of formula retail establishments including requiring employer to offer additional hours of work when available to current part-time employees and require

successor employers to retain employees for 90 days upon a change in control of business. item 42 is the ordinance to amend the police code to require formula retail establishment to provide employ employees two weeks of changes to work schedules compensation for schedule changes less than 7 days notice and use on call shifts and to provide part-time employees with the same starting rate as hourly pay access to time off and eligibility for promotions as provided to full-time employees. >> supervisor mar. >> thank you. colleagues, i wanted to start off by saying thank you so much to president david chiu and our co-sponsor david avalos and supervisor campos for their support of what we feel is a groundbreaking piece of legislation, formula retail workers bill of rights. i'd also like to thank our city attorneys francesca [speaker not understood], joshua white for drafting the ordinance and hours and hours of time spent on this and a shout out to our recently retired deputy city

attorney paulette who began working on this ordinance quite a while ago, many, many months ago. finally i'd like to thank david levitt from [speaker not understood] and visa long the way as well. all families need strong wages, stable hours, and sane schedules to build a good life in san francisco. however, many of our neighbors who serve our food, stock our shelves, and sweep our floors have job that grant too few hour on too short notice and require them to be at the beck oned call of their employer ~. in san francisco we've been experiencing extreme working crisis for family with inequality growing at one of the fastest rates anywhere. this is due in part to the influx of higher professional workers particularly in the tech sector, but it's also due to the steady growth of workers

in low-wage service sector jobs and the poor quality of those jobs. thousands of part-time workers just live paycheck to paycheck, but also hour to hour because of abusive on-call scheduling and a lack of job equity for part-time and on call worker. our communities have been grappling with these economic hag including the cost in housing costs, and [speaker not understood]. members of my own family work and have worked for large retail chains like the gap, starbucks, mace i. [speaker not understood] lack of hours and unpredictable schedule. i talked to a mother of three who worked at mcdonald's for ten years. we heard many stories in our committee hearings over and over again documenting the impacts on many worker in our

city, many of them women and largely from immigrant and communities of color. but this one mother of three going to work every day was difficult for her due to the regular verbal abuse and demeaning treatment from her manager and constant pressure to work faster and faster and despite having 7 years of work experience, her manager began cutting her hours and hired someone with new part time hours. she was helping her husband support the family. at the lowest point only working 3 to 4 days a week and 4-hour shifts. frustrated she decided to walk away from her job after ten years. within this context of low-wage retail workers, i've been working with a coalition of community labor and small business groups and aligning ourselves with president chiu and his predictable scheduling

task force and group heworking with and developed a retail workers bill of rights for fair and predictable schedule. [speaker not understood] at large corporate-owned businesses. i think the estimate is over 40,000 people would be impacted. the san francisco planning department completed a study of the formula retail sector and i thank them for all the hard work on that study and mr. ted eagan and others for their work in looking at the economics of it as well. so, this study identified 1,250 retail chain businesses in our city that are covered by the definition. so, beside wal-mart and target it also coffers fashion retailers from the gap for over 21 and h & m specialty retailer like radioshack and 711, and trader joe's as well as all

types of chain restaurants from starbucks to mcdonald's to olive garden. our coalition which ha been led by jobs for justice, united food and worker union, usww such as s.f. loma [speaker not understood] and a fair workweek. my portion of the retail worker bill of rights hours and retention protection for formula retail employees ha the following key provisions. it applies to formula retail establishment with 20 or more employees in the city. we have set the threshold at 20 or more employees within the city and county so a to avoid overburdening truly small kamman hie he. thank president chiu for identifying that and the sensitivity to smaller franchises. it also covers predatorial and

contractors as well ~. it's important to note they have a retention requirement under police code 33 c and our ordinance referenceses the requirement and additional protections for workers who are providing services to reail employees to offer part time additional hours. any additional hours of work before hiring new employees or using subcontractors or a temp service, temporary services or staffing agency to do the work for the formula retail business. so, this protects the right of existing part-time workers to have the option of more hours if those hours are available. the employer must make this offer in writing. this would also apply to general service contractors or of a formula retail employ eras to work performed in san francisco at a retail establishment ~ covered by the

ordinance under a contract with the formula retail employer. the requirement also applies to employers when the current workers are qualified to do the work as reasonably determined by the employer and the work is in the -- is the same or similar to the work the employees at the retail business. they are only required to work the number of hour, 35 hours a week. if a formula retail business change ownership -- this is the worker retention part of it. if a formula retail or chain business changes ownership, the new formula retail employer must retain for 90 days the employees who worked for the old formula retail employer for at least six months other than supervisory managerial employees. it prohibits retail employers or any other person to take

action against anyone exercising their rights under the ordinance. the retail workers bill of rights i feel is an important complement to our raising of the $15 minimum wage in the city as it will be phased in, the strongest minimum wage [speaker not understood]. the measures are key piece he to closing the unacceptable economic divide in our city. it narrowly targets those businesses that are documented perpetraters of practiceses and that can afford to easily complement these regulations. [speaker not understood]. these are serve is he considered integral to the formula retail businesses and as such their worker are at the

same level of protection. at this time i'd like to introduce two small amendments, our two ordinances raise the bar for large number of businesses negatively impacting the small sector. i urge your support for both. i think l amendments were made at the committee level and what we're now viewing is what's been amended after many hours and many committee meetings as well. so, i urge strong support for both these. and i think in many ways i wanted to pray for president chiu and the coalition for bringing together both piece he of the legislation. thank you. >> [speaker not understood]. >> mr. chair. >> colleague, i'm also looking forward to moving forward this retail worker bill of rights. our ordinance for predictable

scheduling [speaker not understood]. certainly want to thank supervisor mar and his leadership with the coalition of worker advocates that he worked with. i also want to take a moment and thank the many worker advocates that have been working with me for the better part of a year, including next generation, the employment law center, usgw, seiu janitor, restaurant workers, other representatives from labor, our deputy city attorneys from cheska guessener, joshua white, as well as employees who have been at the table. i want to thank my aides for herding cats on this legislation. our ordinance if enacted would be the first in the country to deal with the issue of unpredictable schedules and unfair last-minute on-call practice that have significantly impacted hourly low-wage workers. over a year and a half ago, we proposed san francisco's family friendly workplace ordinance and last year thanks to the support of all of you, san francisco became the first city

in the united states to establish the right of parents and caregivers to request flexible workplace arrangements. and i'm proud that this past summer, president obama issued an executive order providing the same right to two million federal workers. i want to thank the coalition of family advocates who worked with my office to get this done. as part of the initial draft of last year's family friendly legislation, we had included provision to address predictability, but the topic was so challenging that i decided to convene a table of labor, working family advocates and employer to address this topic and for the better part of this year we have convened this table. we learned how unpredictable schedules and last-minute on-call practices threatens economic security, creates work family challenges, particularly around child care and undermines worker health and well-being. we also heard about best practices from excellent local employers who figured out how to manage predictable schedules that helped the bottom lines of our companies.

many of our largest chain stores and international corporations which in san francisco are known as formula retail establishments have the ability to provide more predictable schedules with sophisticated just in time scheduling technologies that can generate schedules based on customer flow projections. i think we all know, colleagues, while our economy has been doing well, for many we still have too many workers and too many families who are struggling in the midst of our city's affordability crisis, who struggle in low-wage jobs with unpredictable shifts and part-time limbo, and who have barriers to solid career ladders. we've heard from part-time workers who can't tell their families in any week how long they will work, how much they will earn, who struggle to juggle multiple jobs and work hours are unpredictable. and while san francisco has been a national leader for a living wage and i want to congratulate all of us and i want to thank the voters of san francisco for passing the highest minimum wage in the country just a few weeks ago, a

higher minimum wage is not enough to lift families and individuals in our growing city out of poverty. these efforts need to be complemented with fair, predictable schedules. our ordinance did you four main thing. it requires formula retailers to post schedules 14 days in advance. [speaker not understood] requires employers to provide additional predictablity pay for last minute change, specifically one hour of predictability pay if changes are made in the last 7 days to the schedule, [speaker not understood], similar to what is required by the state. it discourages on call shifts for extra predictability pay [speaker not understood]. lastly, it provide part-time workers with equal access to promotions, hourly wages and time off. i want to just take a moment

and pre-net on the fact that this has been a long process of working with labor, with worker advocates and with representatives of employers and business. i believe that our legislation reflects the balance we were able to achieve for the better part of a year. that being said, i do know there have been some questions about things and i look forward to having this discussion today at the board and i do hope that we will be able to move forward so that san francisco continue -- can continue to be a national leader when it comes to standing up for our workers. >> thank you, president chiu. supervisor wiener? >> thank you, mr. chairman. i want to thank both supervisor president chiu and supervisor mar for moving this conversation forward. this is a very important issue and i think it's a growing one in terms of ensuring that people have access not just to work, but to work that actually pays a living wage and a wage that people can actually survive and raise families and

certainly the number of hours that people work is important part of that. you can have a good hourly wage. if you're not working many hours it's not going to really do you very much good. so, this is an important piece of legislation. i do think that -- want everyone's view of this legislation. this is legislation that deserves the fullest possible dialogue. i will say i've had some frustrations in the last few weeks, the last month. this has come forward to the -- to committee and to the full board, that it seems like we have ships passing in the night in terms of the business community and some of the supporters of legislation. i don't fully understand why this seems like a piece of legislation that as with the minimum wage, as with the health care security ordinance should be able to be resolved in a way that can get the broadest possible support.

i don't pretend to know exactly why that hasn't happened, but for whatever reason it hasn't. there is a lot that i support in this legislation and this is legislation that i can support. i would like to see an additional week to try to give both side an opportunity to try to work towards a resolution and so i'd like to make a motion to continue this one week. i also, regardless of whether the motion to continue passes or fails, i do have one amendment that i would like to offer, and that is specifically because this legislation is keyed to formula retail and san francisco formula retail is defined as having 11 or more establishments, we just expanded that when the mayor signs it or 30 days thereafter, it will be 11 establishments worldwide. that sweeps in a number of businesses he that are really

small businesses, san francisco native businesses that have done well and that have hit the 11 mark. so, there are a number of -- i can think of examples of these businesses where they have achieved technically formula retail status but they are not the types of large companies that i think proponents of this legislation have in mind. so, the amendment, i'll offer, i was told i can do this a an oral amendment, for both pieces of legislation, to have it begin at 20 stores -- 20 location worldwide instead of the typical 11 for formula retail. though are the two motion i'd like to continue and the one as i stated. >> thank you, supervisor wiener. first we have a motion on the floor to continue both item to our board meeting next tuesday, november 25th. do i have a second? take the amendments? okay.