>> ♪ ♪ ♪ ♪ ♪ >> please stand by... >> >> >> government and audit and oversight committee will come to order. i'm supervisor london breed: and joined by >>president david chiu: and we would also like to thank

sfgovtv.org for filming this meeting today. madam clerk, do you have any announcements? >> >> please silence all electronic devices. items already placed on the agenda. >> today we'll be taking item no. 2 out of order. please call the item. city clerk: [contract agreement - recology san francisco, recology golden gate, and recology sunset scavenger - refuse collection - not to exceed $44,000,000] resolution approving under charter, section 9.1188bb, a contract agreement between the city and county of san francisco and recology san francisco, recology golden gate, and recology sunset scavenger contractorss, for refuse services, resulting in total compensation to contractors in an amount not to exceed $44,000,000 for the term of december 1, 2014, through november 30, 2020. city clerk: sf 21234 >> i have j d fong who will speak ton this matter today. >> good afternoon supervisors, jackie fong from contact of administration i'm requesting an mou from

the city andy -- ecology from november 24th #shgs 2014 to december -- november 30, 2020 , to not compete the amount of $44 million. this amount negotiated 11.4 percent increase in refuse waste in the agreement. the average annual increase for years 1-4 is between 8.25 percent and in addition the mou grants annual cost-of-living judgements to the rates beginning july 2015 through november 20th. this table indicates

the city's estimated spend for the term of the contract. the recology group of companies are the only license use of refuse in sfrabs. san francisco. the company has served san francisco since 1932 granting recology then known as sunset scavenger garbage rights in san francisco. the ordinance remains in effect and a proposed vendor remains the only company that has provided residential customer service since 1932.

the proposing mou was not competitively bid. as city residents or by ordinance still legally required to purchase residential services from recology. recology is uniquely positioned in the san francisco marketplace. it would be i am mpractical to duplicate services throughout the city for traditional and government customers. it does not provide the rate, reasonably provides the rates increases to base commercial rates. some commercial clients have negotiated adjustments to these rates. oca there negotiated with recology on behalf of city departments. we appreciate the budget analyst

the approval of the mou and lca is willing to incorporate the budget recommendation to amend the resolution by reducing the mou not to exceed amount by $4 million to $40 million. this will still allow the 1 $1.2 million for fluctuations for refuse by city department. it does not obligate the city to spend that amount. it's the amount determined by the budget which has already been approved for fiscal year 14-15. representative from recology are here to answer any questions you might have. the office of

administering is recommending approval of the mou with a not to exceed amount recommended by the budget analyst. >> okay, thank you. can we have the budget and legislative analyst report, please. >> good afternoon, chair breed, supervisor chiu. budget legislative office. as noted on your report reiterating what ms. fong said under the new contract agreement the cost increases will go up by 4.4 percent in fiscal year 2015 considered what the city paid in 13-14. the city paid $5 million and will pay $6 million. it's $37.9 million. therefore we are reducing the not to exceed amount

contract to $40 million that will still allow for $2 million contingency. we recommend approval for that amendment. >>supervisor london breed: okay, we are going to open for public comment. is there any additional public comment? seeing none, public comment is closed.. okay, president chiu is there a motion to make the amendments based on the suggestion based on the budget and legislative analyst? >> so moved. >> that's been moved and seconded without objection. the motion passes to amend the current contract. and is there a motion to move this item forward with positive recommendation in >> i will make that motion. >> thank you, we move this item to the full board. >> madam chair, as a

committee report? >> as a committee report, yes, thank you. okay. can you call item no. 2, please, madam clerk. city clerk: madam chair would you like me to call item 1? >> >> yes. city clerk: agenda1.140999[administrative code - 14b local business enterprise program]sponsors: mayor; chiuordinance amending the administrative code

city clerk: agenda1.140999[administrative code - 14b local business enterprise program]sponsors: mayor; chiuordinance amending the administrative

that first law represented our committee to longstanding committee to economic justice. this represents a strong network of very small micro businesses in san francisco. now it helps all small businesses offset operating cost. it's local businesses competing against larger businesses located outside of san francisco. the ordinance as we had initially proposed it including an established citywide goal of no less than 4 percent starting a first program that requires

departments to make good faith efforts to contain three bids from adding a bid discount of two 2 percent of lbe's and current contracts that we have and expanding requirements that require an agreement, increasing the thresholds for certification of lbe and creating a partnership for established contractors and local business. today i'm introducing a number of additional amendments which are not substantive which includes separating out lebs from our operational goal, requiring timely online posting and not

just quarterly reports and that happened to stream line the ordinance 14 b of the human rights commission to the city administrator. there are a number of ordinances the city will call out for future study this year first is the payment program to make sure the contractors receive the revenues in a timely way and second we are calling out for a study and expansion for lbe participation in leases and concessions and thirdly i'm going to be asking for an amendment to convene a working group to investigate whether there are barriers to participation by l lbe firms and that will report findings to our mayor by -- september 1st, of next year. a common of things have come up the threshold

for lbe certification we raised them in certain categories. i also heard from some lbe's that had some issues around the appeals process the selection panel make-up anti-retaliation and while i'm sympathetic to the concerns raised, i hope these issues are addressed and if someone addresses them and thirdly ieshgs want to thank naomi kelly and the contract monitoring division they will monitor rules and regulations if this ordinance is approved. i know the lbe community including our lbe advisory committee will play a role in that process. colleagues, i look forward to hearing public comment and i want to thank madam chair again

for holding this hearing again. i have one more thing. i understand the clerk of our board has additional information. >> thank you, supervisors. i would like to make just one additional clarification to the amendment in front of you as a standard business we make the remgsz we recommendations, we would like to change item 19, line 19 and line 15, where it states notice shall state the hearing, the department must be prepared to respond to the directors report. that's it >> thank you, i'm prepared to make those amendments at the appropriate time. >> great. thank you. so we will now open this item up to public

comment. are there any members of the public who would like to comment at this time. please come forward. and lineup to my left. you can go ahead and get started. >> good afternoon, supervisors. oh -- went from office of civil rights. i would like to that can the city attorney's office for their work on this ordinance. overall we are very supportive of the ordinance and we were pleased at the version it was in last week and thank you for calling this special session so we can work on refining it. the major significance report of this city for micro businesses and application 14b for private development to fund temporary

loans for lbe's and many additional provisions. we agree there is more work to be done as there always is with this ordinance. in particular we are concerned about the issue of lbe architects that are not competing on an equal field. we are pleased for the amendment to recommend that. to make recommendations as to that issue. we have concerns in addition about the cmd's authority to intervene in selection panel. that's another issue we would like to look at going forward and many of these as supervisor chiu said can be worked on in the future amendments to this ordinance. we would that -- thank you for this ordinance. >> thank you. next speaker,

please. >> good afternoon, am -- alex chiu. i would like to thank you for this legislation. we realize it's a complicated legislation and we do look forward to working further with how to improve the legislation. i just want to point out a couple of things. we represent the minority organizations and even though they struggling with the economy, we feel it's important. a lot of members of our organizations, a number of firms are micro lbe's and we have a strong interest in making it an opportunity to compete on an equal basis with other firms. i just have a couple of other things. this legislation meets a number of our concerns but as mentioned there is a

lot of areas to be worked on. in one area supervisor chiu was the area of anti-retaliation and as firms happen to be retaliated against and what we thought was a more stringent mechanism for enforcing anti-retaliation. we have proposed provided stronger remedies, also provide for a proper right of action and also the legislation refers to a section refers to the campaign government code for it's provisions and we are not sure how that field applies in a lot of provisions in this applies to the employees in the city.

>>supervisor london breed: thank you, next speaker, please? >> good afternoon, supervisors, my name is darren davis and i have a business in san francisco and lbe and sit on the advisory committee and also a member of cee and i'm glad to be here. thank you very much for bringing this legislation forward. there are a lot of great things in it and i have to say that you have come a long way in a short period of time and a lot of issues have been covered. however there are a couple of issues that i would like to raise today that i am concerned about and i'm hoping that we can perhaps include it now or at the full board meeting which is allowing the under rules and regs. right now it states that the cao's office is going to develop those. i would suggest that being

given that responsibility is something they work on day in and day out and the cao praufs approves the final rules and regs and the advisory committee praufs approves that. right now the advisory group has very little say in policy issues. i think they should be able to hear some of these issuesch i hear all of these working groups being established and that might be the primary place where you hear these issues. the second thing is onseting guidelines for the selection panel that seem to be given the responsibility to set guidelines. not to pick the individual panel members but to certainly to establish the guidelines by which a panel should be

developed. and, the last thing as i stated is the lbe. >>supervisor london breed: thank you. are there any other members of the public who would like to speak at this time. seeing none, public comment is close side. supervisor chiu? >> chiu chiu >>president david chiu: i have circulated memos related to this and in addition to that i have circulated the language around the city administrator convening a working group and architecture that would report findings to the mayor by -- september 1st. and a clerk report read to ensure the requirements for the clerk are clear. what i would like to do is to make those amendments and to pass this out with

recommendation out to the full board for tomorrow as a committee report. i do want to acknowledge the tremendous amount of work and there are a number of appeals process to the panel and i'm more than happy in the next 24 hours before the resolution to get to the board for tomorrow and i know cmd will be promulgating rules and regulations and if there is any clean up required, we can get to that. we would like to get this moved and if there are any issues to get revolved resolved over the next 24 hours. >> okay, the amendment has

been moved and if there is any question we'll pass this without objection. without objection this item is moved to the full board for tuesday as a committee report. madam clerk, are there any items before us today. >> no further business. >> thank you. and with that, this meeting is adjourned. [ meeting is adjourned ] >> >> >> the annual celebration of hardly strictly bluegrass is always a hit now completing

itself 12 year of music in the incredible golden gate park. >> this is just the best park to come to. it's safe. it's wonderful and such a fun time of the year. there is every kind of music you can imagine and can wander around and go from one stage to another and just have fun. >> 81 bands and six stages and no admission. this is hardly strictly bluegrass. >> i love music and peace. >> i think it represents what is great about the bay area. >> everyone is here for the music and the experience. this is why i live here. >> the culture out here is amazing. it's san francisco. >> this is a legacy of the old warren hel ment and receive necessary funding for ten years after his death.

>> there is a legacy that started and it's cool and he's done something wonderful for the city and we're all grateful. hopefully we will keep this thing going on for years and years to come. >> good evening and welcome to the november 19, 2014, meeting of the san francisco board of appeals, the prosiding officer tonight is ann lazarus and

joined by frank if you think and honda and commissioner wilson. there is one seat on the board that is vacant and pu su ant to the charter, the board may over rule the action of a department on appeal by a vote of three members all votes are not required. my left is robert brian and he is the deputy city attorney who advises it is board and the board's legal assistant, and i'm the board's executive director, we will be joined this evening by representatives from the departments that have matters before the board. sherry kaiser is here, deputy city attorney, representing the environmental health, and we will be joined by scott sanchez, and representing the planning commission and duffy representing the department of building inspection and joined i believe by representative from the department of public

works bureau of urban forestry. if you could go over the board meeting guidelines and conduct the swearing in process. >> the board requests that you turn off all phones and pagers so that they will not disturb the proceedings and carry on the conversations in the hallway, the rules of presentation are as follows, each has seven minutes to present their case and three minutes for rebuttals. people affiliated with these parties must include their comments within the 7 or 3-minute periods and members of the public who are not affiliated with the parties have up to three minutes each to address the board, but no rebuttals. to assist the board in the accurate preparation of minutes, members of the public who wish for speak on an item are asked but not required to submit a speaker card or a business card to the staff when you come up to the podium, speaker cards and pens are available on the left side of the podium, and the board also welcomes your comments and suggestions and there are customer satisfaction survey forms on the left side of the

podium, if you have questions about requesting a rehearing or schedules, speak to the board staff during the break or after the meeting or call the board office tomorrow morning, it is on 1650 mission street, room 304. this meeting is broadcast live on stgov tv, and cable channel 78 and dvds of this meeting are available for purpose, directly from sfgo. v tv, we will conduct our swearing in process and if you intend to testify at tonight's hearing and ask the board to give your testimony evidentiary weight, stand and raise your right-hand and say i do after you have been sworn in or affirmed. any member of the public may speak, without taking this oath, pursuant to the rights under the sunshine ordinance, thank you. [swearing in]

>> thank you. >> thank you. president lazarus, and commissioners we have three housekeeping items this evening, the first has to do item 6 which is appeal number 1 4-148, this is at 4121, 20th street and the parties have jointly requested that this matter be continued to january 21, 2015, and they are hoping to resolve their dispute without needing to return to the board and wanted more time to allow that process to go forward. but we do need a vote in order to make that happen. >> is there any public comment on this item? >> seeing none, then, if you could call the roll? >> we have a motion from the president to continue items 6, 14-148 to january, 21, 2015, on that motion, commissioner if fung? >> aye. >> and commissioner honda?

>> aye. >> commissioner wilson. >> aye. >> thank you the vote is 4-0 and that matters is continued to january 21st. thank you and similar item 7, which is a jurisdiction request, the parties are also asking that the matter be continued to the next board meeting which is december 10th and in settlement discussion and would like time to see if they can work things out themselves. >> are you okay with that date? >> i am okay with that date for two reasons, one is because i think that it likely will not come to the board and second because another case just came off of that calendar. so there is a slot for it. >> so moved. >> okay. >> thank you, commissioner. is there any public comment on this item? >> seeing none, if you could call the roll, please? >> on that motion to reschedule items 7, jurisdiction at 271 fair oaks to december 10th, president lazarus? >> aye. >> commissioner honda. >> aye. >> commissioner ls