>> good morning, everybody and welcome to the san francisco board of supervisors budget and finance subcommittee meeting for wednesday, may, 13th, i'm farrell and i will be joined by tang as well as supervisor eric mar and i want to thanks charles for covering this meeting as well as the clerk of the committee, do we have any announcements? >> yes, please, silence all cell phones and electronic

device and completed speaker cards to be included should be submitted to the clerk and the items acted upon today will be on the may 19th board of supervisors unless otherwise stated. >> thank you. >> it you call number one? >> resolution approving the cost sharing agreement not-to-exceed $10 million between the city and county of san francisco and the pacific gas and electric company, for october 14, to october, 14, 2024. >> thank you very much and we have mary from rec and park to speak on this item, is there anyone else from rec and park here? ? on item one? >> okay. why don't we skip over that for now, then and will you call item two? >> item two, ordinance of appropriate ating $1.8 mill object from waste water

enterprise from the department to pay for the expenses and the extraordinary expenses incuring as a result of the december 2014 storms. >> okay tu. very much, and colleagues wha, we are going to do and i will suggest that we will hear from the team and we will from the budget analyst and see the public comment and we are going to go into closed session with our city attorney and first we will have the puc to speak. >> good morning, charles, interim, cfo and this item before you is a supply mental request for our waste, water and enterprise to fund the costs with the property claims and legal expenses resulting from the december storms last year, you have a memo and the sfpuc has already spent, a little more than 4 million

dollars to date on the flooding claims and the legal expenses and vendor payment and including cleaning and repair work, and the city attorney estimates that an additional 1.75 million is needed to handle the remaining claims that are less than $25,000 for this fiscal year, and so 194 claims 2350i8d and 174 are closed and i would be happy to take any more questions >> colleagues any questions at this point? >> okay, and could we go to the budget analyst report? >> good morning, chair farrell and members of the committee, from the analyst office and as we note, on page, 7 of this report, the intent of these uses funds are to claim the settlement in the associated expenses and you will get more information from the city attorney and also the appropriation for the funds of $1.7 million and we will reduce the puc waste water and the fund balance by 8 percent from 21.9 million amount to 20.2

million. and we recommend aplaintiffal of the proposed ordinance. >> okay colleagues any question? >> why don't we move on the public comment? anybody wish to comment on item two? >> all right, seeing none, public comment is closed. and so colleagues before we act on this item, i would like to entertain a motion to go into closed session, with our city attorney, we have a motion by supervisor mar and we can take that without objection. >> >> okay welcome back to the regularly schedule budget and finance subcommittee meeting for may, 13, 2015, we are coming out of closed session, could i have a motion not to disclose. >> so moved. >> we can take that without objection, i want to thank the city attorney for being here today. and we would like to entertain a motion to approve item number 2? >> so moved. >> we have a motion by supervisor tang and we can take

that. >> clarification, would you like to recommend this item to the full board with a positive recommendation? >> yes, i would like to make a motion to recommend item two for a positive recommendation to the full board. >> we have that motion and we can take it without objection. >> and madam clerk, could we go back toit em one, that has already been called and i can see that rec and park is here. >> good morning, and i'm mary, from the recreation and parks department i am the project manager for the san francisco marina yacht harbor renovation and this item is a cost sharing agreement between the city and county of san francisco, and pacific gas and electric for shared costs associated with planning design and construction of the east harbor facility. and san francisco has been working with pg&e over the course of the last five years

or so to do studies to investigate the contamination of the phs in the sediment around the east harbor and this will be the second agreement and under that agreement, pg&e will partner with us, for the design, and permitting process for remediation at the harbor as well as redesign for the harbor for anticipated construction in 2017. >> and the cost will be bourn entirely by pg&e and we anticipate that we will be returning for an updated cost sharing agreement when we are ready to go into construction. and in late, 2016, early, 2017. i would be happy to answer any questions that you may have on the details of the cost sharing agreement? >> and so i am here, at your disposal. >> okay, thank you. >> and supervisor tang? >> thank you very much, i just

had a question, because i see that the information about the contamination was based on an investigation that was done back in 1994. and then it, from our materials that at least it says that the city filed a lawsuit in 2001 and so i just wanted to know why so much time had passed in between and kind of what happened. >> i was not around back then, but and the marina had not been dredged since its original construction in the 60s, during that period, regulations were very loose, and it was not until 1994, when we put in a permit to dredge that the sampling were required by the regulatory agencies and that is when it was detected that the

phs were present. i don't know what happened during that period and why it took so long for this to ultimately go to court and most likely it was the city trying to determine the source, and there was a coal gas, located near the marina safeway which is now the success or agencies pg&e. and and okay, i don't know if maybe you could follow up, and it could be via e-mail, and off line, just curious why it took so long to do something. and then, my second question is just how long do we think that the remediation will take? >> well, the remediation, will take approximately or budgeting six months for the removal of the and following that, we

will, and hopefully we will embark on the reconstruction of the yacht harbor that will take approximately another year. >> and any further questions, if not, every budget analyst report, on item number one? >> and on the page 4 of the report is that the way that the and the rec and park commission and not the board approved the amendments up to $10 million and or for more if the board has appropriate ated the funds and we recommended revising the resolution, and the amendments of more than $500,000 to this agreement will come back to the board for approval and we also have a couple on the page 5

that correct the start page and to the october first of 2014, and the end date, to september, 30, 2024 and otherwise, we recommend approval as amended. >> okay. >> we are fine with that. >> okay, we are going to open this up for public comment for item one, and anybody wish to speak on item one? >> okay. seeing none, public comment is closed. and so i want to thank her and the entire rec and park team for working on this and we got the west harbor done and now it is on to the east harbor and i am looking forward to seeing that go forward and i know that it is tricky and i want to thank you for the work on that project, and so colleagues we have the budget analyst recommendations in front of us. >> all right, through the chair we would like to make a position to accept or adopt all of the amendments stated by the budget analyst office and after that we will move to forward out the ordinance to the full

board or the resolution, and resolution. so to the full board of the recommendation. >> okay, we have a motion by supervisor tang and take that without objection. >> could you call three? >> resolution questioning continued membership in the 18 county, cal win cosortium and the renewal of the enterprise service and contract with them for the $26 million, good morning, david flores and a principal analyst for the human agency and we are here to ask for your consideration, of aproposed resolution to request the continued membership in the call win, and with the hewlett packard engineer prices for the contract by the state of california for the period of

february, one, 2015, to january, 31, 2025. and ininclusive in our proposed action is a request to expand the expenditure authority to the existing $53 million, 19,909 for additional amount of 26 million, 299,000, and 281 for a total not-to-exceed the amount of 79 million, and 319,000 190 dollars. and supervisors sections 10823 through 824 in the california code requires the company to use the computer systems to administer the programs and join the consortium and provide the funding to maintain and operate the system and which is a central state data management system. and the board has previously approved the actions in this respect, previously in 1999 and beginning in 1999 and in the last resolution in 2013.

and the cal winn data management system is collectively managed by the county, and we share the costs that the city shares the costs along with the other members, to continue in the development and the implementation and maintenance of the system, hp enterprises was placed under contract under a state wide master contract, established by the consortium and i am available to answer the questions that you might have. >> any questions right now? >> could we go to the budget analyst report, please? >> as we noted on page, eleven of our report and out of the city and or the county will be paying, 5 percent of the state wide cost over the ten year period, which is 29.5 million of this amount, that 1.8 million is the general fund and the remaining 94 percent will be state and the federal funding and, we do, recommend amending the propesed resolution to state the actual amount that the city will be

incuring of 29 rather than 26.3 and otherwise we recommend approval. >> thank you very much. >> and i will take hsa, most of the times the budget analyst recommends. >> taking the number down. >> yeah. >> and the recommendations supervisors. >> i would imagine, okay. >> colleagues any question for the budget analyst? >> the deputy state attorney, and so after you make the amendment the item will have to sit if a week because you are raising the number and then it can come out of the budget committee next week and go to the full board. >> okay. we will open up this to public comment, see none public comment is closed. >> through the chair then i would like to make a motion to adopt the budget analyst recommendations and then, we will continue this item to the next meeting. >> we have a motion by supervisor tang and take that without objection. >> could you call item four? >> resolution, retroactively

authorizing the department of the environment to accept and expend a grant in the amount of approximately $1.3 million, for the u.s. department of energy, to develop plans in multiple neighborhoods to develop solar energy with energy storage, for post disaster preparedness for the term of december 15, 2014, through december, 31, 2016. >> okay, thank you madam clerk and we have the department of the environment to speak on this. >> from the department and the manager for the department of the environment and thank you very much for hearing us today on this item, and in the wake of super storm sandy it seemed clear that the power outages are going to last longer than the three days of the liquid fuel that the city has for generation and that solar is with the battery storage is a great opportunity, and this is something that the city of new york and the others that were affected by super storm sandy are already in motion on, and we want to pick this up also. and we are going to be focusing on critical loads, and like

tele communication and medical refridgation but the things that we really need to keep going and each in the long, and in the long protracted power outage and we have been working with the department of emergency management and the first responder, municipal agencis in order to start looking at which facilities were interested. and we will be working with the community based groups like and the neighborhood empowerment network to look at what facilities we can work it and there are a couple of considerations and one is that we will only be able to create very tight nodes of them around the city and because the facilities must be in close proximity of one another and so that the solar panels on the large roof will be of a shelter can help to support the telecommunication load in a fire station that has a very small roof top and not enough solar capacity, on it. and one of the key things is

also the business case and we are going to be looking at facilitis that have substantial pique loads and by adding these battery and that can provide the demand management and we can actually generate the income for the system that will help to cover some of the financing or the cost of the project. >> i am hear to answer the questions that you might v >> thanks for brining this forward. >> colleagues, could we move to the budget analyst report on item four? >> yes, this grant does have matching funds of 288,000 in city funds and these are previously appropriated and primarily for the management and the building inspection of the fire department to work on this project and the contractual costs and we recommend approval. >> thank you very much. >> colleagues any questions? >> okay, we will open this up to public comment and anybody wish to comment on item four? >> okay, seeing none, public

comment is closed. supervisor taning? >> thank you, thank you supervisor farrell for bringing this item forward and i think that it is great in forward thinking that we are embarking on this project and for our district, we actually are starting our process to create a resilient sunset plan and so the emergency and the preparedness plan that is very district specific and i know that it has been done in a couple of neighborhoods now and we are interested in trying to work with you as you move along with this project and with that said i would like to make a motion to recommend positive recommendation on this resolution for the full board. >> okay we have a motion by supervisor tang and we can take that without objection. >> thanks very much. >> madam clerk could you call five. >> ordinance amending the police code to change from 20 to 40, the number of employees in san francisco, required for a form law retail establishment to be covered by the ordinances. >> okay, thank you, madam clerk, and so colleagues in front of us are a few minor

amendments to the workers bill of rights ordinance, and first i want to start by saying that i obviously support the concept of this retail workers bill of rights and indeed to pass it at the board last year. believing in the policy, i also am a strong supporters of worker rights and believe that the formula retail should have the right to earn extra hours and income if they wish and many currently give the extra hours for the part time employees without this ordinance, the amendments in front of us focus on helping the mid and small sized businesses in san francisco and also insure that unionized workers agreements and formula retail establishments are respected, above our own current laws that we pass and i also am introducing an amendment today to match the intent that i stated when i first introduced the follow up amendments to the board that will change the definition of the formula retail from the ordinances that are 20 locations to 40 and the

amendment although, minor is subnative and so it will require for it to sit for an additional week, in terms of the amendment thises was ground breaking that we passed last year and i believe that it is important to get it right if you sxwil it does set a precedent for the future policis that we are seeing spring up here in san francisco and other parts of the state and country, and the first amendment to make sure sha the policy targets the large formula establishment which was the intent of the legislation and make sure that the small and mid sized businesses in san francisco are not equated on the same scale as the larger establishment and no surprise that many small to mid sized businesses don't have the same resources including the scheduling system and so forth to compete. and the second amendment seeks to further respect the rights of collective bar dining agreements that covers the workers and unions, that have contracts with our form law retail establishments. and since these collective bargaining agreements in my opinion are agreed upon by the group of workers and the employers and obviously are as we know here inside of the city

hall, often discuss and bargained and i want to insure that the legislation respects those agreement and the amendments that we have today are simple and straight forward and i believe that they actually strengthen the law that we have on the books and i any there is and have been discussions here at the board, around additional amepd mendments both last year and today and as we debate these amendment and push for those amendments and i am introducing these today because i know that there is consensus around these issues but as i mentioned board, i know that there is a discussion around the other amendments as well and i am open to them and i want to make sure that this will work for both our employers, and our workers as well and i will look forward to the discussion that we have and appreciate the support. >> supervisor mar? >> thank you, to supervisor farrell for taking on this clean up of the retail workers bill of rights that we passed as a board last year and i wanted to thank our former president, david chiu who is

carrying the legislation at the state level now and all of the national organizations that helped to focus and also are local 30, member organization, and coalition, and the retail workers bill of rights, coalition and i wanted to thank, also, supervisor farrell and the business leaders and todd from the office of economic and workforce development and nikki from the mayor's office as well and the leaders of the chamber for bringing the various issues to us and i think that this long consensus process as the supervisor farrell said get it right has really worked hard together and appreciative of the two amendments the collective bargaining and the small change that is being considered right now with the change from 20, retail sites, to 40 sites and i think that is an important give on, and i will just use that term from the retail workers bill of rights coalition to be sensitive to the medium and the

smaller sized chains that many them are local as well in our city and i am also appreciative that the worker bill of rights coalition has been engaged with the various business leaders as well as we move forward these two amendments and i also wanted to say that as we passed this last year, we acknowledged that this is important, ground breaking legislation, and we as a coalition, and in my office, wants to keep it as strong as possible as the other cities, and jurisdictions are looking at it and i think that it is important to insure that the full time work is offered to part time workers that are struggling not just paycheck to paycheck but hour to hour in our communities, and also, just hours and fair and predictable schedules are critical in maintaining the strength of the, and the integrity of the ordinance that we passed last year, and lastly the job security and the economic security for many, many, retail workers who are some of the lowest paid in our cities, and

struggling to maintain their families within our city. and so my hope is that these amendments as being proposed with a consensus process are moved forward and supported but also, the coalition, to keep and it seems like the office, and the i am glad that here from olse is in the process of educational work, and to insure that there is compliance with the laws and i wanted to thank, osc and the other staff as well, thank you, supervisor farrell for moving this forward and also with the office in the coalition. >> thank you, supervisor mar. no other questions or comments, we will open this up to public comment on item five, again keeping in mind we are going to be this is going to have to sit for a week right now because of these amendments but we would like to welcome public comment, anyone that would like to comment, step forward. >> thank you, supervisor.

i am here this morning, representing two different organizations, and the fact that it is the national association of theater owners, california, and nevada and also, in my role as regional manager for cinemark theaters that over cities the city of san francisco as well and my name is hal sawyer and i am here to speak about the bill of rights and specifically the notification of scheduling requirements and both the association and the theaters, support the ordinance. and the rest of the legislation, but we are unable to support the scheduling requirement. unlike other businesses, movie theaters are not controlled independently or even locally. their schedules are determined on a weekly basis, based on a complex analysis of box office

returns, and arrangements with the various movie studios who provide us with their product. they have the final say as to when, and what theaters will be existing their films. we have the privilege to meet with many of you or your staff, describing how the motion picture business models works, i have a few hand outs for any of you who might still have not received one of those copies >> one shows the path that a movie takes from production to exhibition, and showing you how the studio directly with each of the movie theater company, on a weekly basis to determine what films will be shown. and most part, much of the information is not communicated to the local theater management, who was responsible for staffing in the theater until the monday or the tuesday before the friday opening of the film. and it is at this time that the theater management at the local level starts the job of assigning the movie schedules.

and then, they create the work schedules. and in the city of san francisco, there are approximately, 250, to 300 motion picture theater employees that work in very unique business model. >> thank you. >> everyone has two minutes. >> staffing --. >> sir, sorry, the two minutes is already up. >> in it is not a problem. >> if you have any questions. >> thank you very much >> anybody else wish to speak f there are more people that wish to speak, line up against the far wall so we can get this running as quick as possible here. >> good morning, supervisors and thank you for taking the time to listen to us, i am mike and the general manager of the 16 theaters here in san francisco and i am here on behalf of the anc 16, and the anc van ness 14 theaters here and i have live and work here in the city andvy been employed

by amc since may 11, 1981 to celebrate the 34 years with the company and part of my success with the company and my enjoyment with the company has been the flexibility that they have offered me in scheduling. and as a general manager of the operation i look forward to actually paying that forward as i do on a weekly basis with my associates. as my colleague just mentioned, our schedules go week to week, and so typically hollywood, releases films on a friday and at the movie theater level we get our bookings or the titles that we are going to play on mondays. and throughout the week, they are refined perhaps on a tuesday, and finalized on a wednesday, of a few document to kind of show you what our bookings look like. you can see, that this is on a february second, which is a monday, for the film week being a friday, and of february 6th,

a refining of that booking process on a tuesday. more refinements and the point is that the process is very, very fluid and we basically would find it very difficult to comply with the ordinance that as being suggested this is just one example of really how our theater business works. and if the regulations go into effect and anc will be out of compliance and will not be able to meet the regulations we request that the movie theaters are exempt of the notice of requirements and in full support of the remainder of the regulations thank you. >> next speaker, please? >> my name is nina and with i am with the theater and our

office is in los angeles and we operate three. >> could you put the microphone down. >> sure. >> i am a little shorter, three theaters in san francisco. and i would like to thank the supervisors for allowing me the opportunity to speak before you. i believe that we want the same things, and i too, walk the same path as my colleague. i started out as a part time worker. i would first like to say that again, landmark theater supports the formula retail workers bill of rights legislation sxim theater discuss the one part of the regulation and the notification and scheduling requirements as my colleagues from amc have discussed the studios control the manner in which we know what films we are showing and our business fluctuate and not predictable and we are at the mercy of the film distributingers regarding release dates and titles posting it in two weeks is not