>> the city of san francisco, sfgtv, meeting of the board of supervisors occurring tuesday, june 16, 2015 will begin shortly.

>>[gavel] good afternoon everybody and welcome to the board of supervisors meeting of july 16th 2015 madam clerk can you please call rollcall >> supervisor avalos; carlos present president breed; breed

present supervisor campos campos present; supervisor christiansen present; cohen present farrell present attack came as a tech mar present tang present to supervisor yee all members are present >> ladies and gentlemen can you please join us in the pledge of allegiance. >>[pleage of allegiance] >> madam clerk, are there any

communications >> i had no communications today madam president >> colleagues, are there any changes to the board meeting minutes for me that? seeing none, is their motion to approve those minutes? motion is by supervisor campos seconded by supervisor mar. colleagues, can we take that without objection clicks once the public comment has been completed to mix >>[gavel] >> madam clerk, we please read the consent agenda >> items one through nine, the consent calendar these items are considered routine if a member of objects on item baby removed and considered separately. >> okay can you please call the rollcall >> items 129, supervisor tan aye; wiener aye; yee aye; avalos aye; read aye; avalos aye; christiansen aye; cohen aye

farrell aye aye i got 11 aye >> those ordinances are finally passed unanimously,, >> can you call item 8 >> i am sorry can you call item 10 >> item 10 is an ordinance to approve minor amendment to the translate project area to provide -- for general office buildings in zone one and make people but findings under the california environmental quality act. >> collies committed his items in houston called? without objection it is finally passed unanimously item 11 >> item 11 is an ordinance to revise chapter 6 >> supervisor winner. >> thank you madam chairman and president and colleagues, thank you for adopting a few continuance to this item while some of the building trade and department discussed various issues. this phase came to me several weeks ago when it first

appeared before us. they said they wanted to work some things out with dpw. they spent quite a bit of time, many hours, working with the department, and the two agreed on some amendments which we distributed to you. which are not substantive, as i understand it. so, i like to move that we adopt those amendments. i also the question for the department of public works. specifically, and this is one of the items that came up in discussion, from the department clarify its intent to provide notice for "conduct service orders" in similar manner as are currently doing for task orders and job orders? >> good afternoon supervisor. ed with public works supervisor, we be happy to provide you as suggested by the building trades

>> so the answer is yes >> yes. >> thank you very much. with that, madam president, i move that we adopt the amendment that we distributed. >> okay supervisor winner has moved that we adopt the amendment and distributed before you today. is there a second? seconded by supervisor came a tech committee those amendments without objection without a majestic and those moments passed >>[gavel] >> supervisor campos >> thank you madam president. just to ask the chairman a question for supervisor wiener and also for the department of public works, maybe the representative can come up. i am in receipt of a letter from robert muscat from local 21 where they raise concerns about this item, and to the extent, that we took time to address concerns that were raised by

some of our other labor partners, i am wondering what has happened with respect to local 21? >> good afternoon everyone my name is nicholas king. department of public works. what we spent a lot of time doing over the last year is cleaning up the legislation it is pretty dense and complicated. but the process is that i think would be most important to this body and to the public, in terms of commission approval and oversight, remain in place. so the letter that you are referencing, it is difficult to address all the concerns point by point because they do not -- they did not articulate actual clause in the legislation to

the kind about other things on the top of the design and build process. which is a method of project delivery. so, the bottom line is, is that this legislation does not touch commission authority to approve contract, and i will stop there in less of a more specific question. >> i guess, have you had conversations with local 21? have you met with them? whether it is before or subsequent to this letter? >> we had an opportunity to talk with a representative from local 21. the attorney on thursday afternoon for about four hours. we went to this legislation line by line by line. he was there and he asked very specific questions. this legislation is cosponsored by the chapter 6 department many of the representatives from each apartment are here in case anybody has a question. we made

those representatives available to all the labor representatives that you mentioned, including local 21 on thursday. we went to editing line by line. they raise questions we answer them to the best of our ability. >> thank you. i would ask that we -- i think is a good idea to continue the item for the week 11 opportunity to chat with some of our other legal partners. i would like to have an opportunity so that we can have a discussion with local 21. i do not think that mister muscat would raise this issue in this he felt strongly about it. it may be that in the end it does not resolve it, but i am hoping that an additional week might help.. so i make a motion to continue this item for a week. >> supervisor campos has made a motion to continue this item per week. is there a second? seconded by supervisor mar. supervisor cohen >> aye question supervisor campos. did mister muscat the

judge to all our offices or was it yours at the individual level? >> i think was a letter that >> to listen to all of us? >> yes >> just raising concerns? >> yes. >> so generally it is full-court press. they walked all. i do not think anyone outside of the letter has raised any any concerns. anyone want to jump in? >> supervisor winner >> thank you madam president. so, the trades first raised issues and i think there are a lot of from what i can tell, and overlapping issues seminar totally overlapping between -- and we ask dpw to work with the labor and to meet with labor and i know they have done so spent many hours by doing that. we did -- i received an e-mail from mister muscat from this

letter to you was probably since wallace on friday afternoon. i left him a voicemail. i think is on vacation, which is why he has not responded, there was another local 21 representative was walking house yesterday physically delivering the letter. so local 21 has i think definitely disseminated its letter to the board although it was later in the process then the trades i did. i cannot speak to their specific concerns even with the trades, i am not the author of this legislation. so, when i just ask that apartment to do is do sit down with labor to try to work through it many of the issues as possible, which i believe deeply about dpw has done for many hours but i cannot speak specifically to the local 21 concerns. because they were raised in the last couple days. >> so just to go back, if i may supervisor campos you are asking for one-week continuance

of this on behalf of bob muscat or is this -- what is the purpose or what are we going to accomplish to push it that one more week? >> sure. simply, in response to the letter, out of courtesy to mister muscat, i do not know that a week would necessarily address all the concerns were enough time to do that get i have a lot of respect for dpw. i know they do a lot of good work. but, to the extent i want to address the concerns that were raised, but also move it quickly i got the week would give it enough time to do that. also, not delay it so that if we do need action we can all vote. that is the thinking. >> thank you. >> supervisor cohen, you have

some of the questions? >> doubt >> supervisor tan >> thank you very much. i do have a letter from local 21/they wanted to see if a department representative could answer just some of the questions that are issues that they raise. certainly, i want to respect the concerns they can so that but also from i to? all that work that has gone into developing this legislation. so, when they talk about how design build contracts are reduce competition for design and construction services, excluding smaller firms, as well as -- large international national engineering firms they wanted department can speak to that? >> any volunteers? >> good question supervisor. design build is a project delivery about in chapter 6 of the moment. the way small firms get a chance to participate is that there is of the

requirements at the design phase and the construction as well. so their goals that are set aside, that every contract has a knack to meet those goals. quite often, design build projects are fairly complex in nature. their large in their dollar value. so, small firms are usually not able to take on the work that is due to the complexity and size. however, they did participate as either joint ventures or to the lb participation and design and construction as well. >> okay so none of those percentages or requirements are being changed. >> they are not being changed. this of the contracts are awarded is not being changed. >> okay. one of the other issues they bring up is that parents will no longer need commissioner approval in terms of design build contract. >> that is not accurate supervisor. that is not being changed. the contractors >> excuse me, i was that of the commission would continue to approve this contract. >> okay so that one sounds like it is just maybe a misunderstanding.

>> can you identify yourself when you speak up for someone else >> nicholas came for the apartment of public works. i just wanted take a step back without getting too in the weeds here and say that the reason this legislation is before you is to modernize chapter 6. that is were trying to do and that is what the department have been working on for more than a year. in response to changes to the legislation over the years is made the legislation a little bit weighty and unruly in response to different building technologies being invented around that one around 10, 20, or 30 years ago. design build construction manager, did not delivery processes were not standard ways of doing building contracting 20 years ago, but now they are. so, this is really pretty boring awfully mundane, stop that were talking

about. when we talk about design build, we are talking a contracting method that is growing in terms of municipality using it. about 40% of nonresidential contracts , construction projects, our design build. 50% of projects over $10 million nationwide are done with the design build method. if you take a step back and think about it, and makes a lot of sense that when we build the police crime laboratory that when you are designing the lab itself you check in with the people or using the lab somehow to make sure that there is no errors in construction. so, this is really about in the big picture delivering projects faster and less extensively and without delay which i think something all of us care deeply about. >> bottom line then is that despite that the department

will still need the commission approval though. it will not change the process? >> that is right. all the planning buses are the same and they start to get approval for the contract after. those are untouched. >> okay. then just lastly, those most legislation directly removes board of supervisors oversight of over [inaudible] can you just as well? >> sure. i can also say this though the civil service commission which is in place in all the notifications there. on an awful lot of our paperwork that public works uses there is union notification. i know that qc has pre-bid meetings and we would love to see representation there. so there is lots of places for labor was concerned about notification in this process. the way, moving onto sole-source, -- soleplate is now, for construction projects, if a chapter 6 department wants to use a

particular product or vendor, they have to have an ordinance go to the board of supervisors. so, when not asking to move oversight for the sake of removing oversight. we are just try to trade one process for another. that is a little bit shorter than a little bit less expensive. so you have all voted on these things in the last couple of years, with a strain control systems at mba or different aspects of construction. i think the important -- were not asking the people or you to trust the department heads. this is a procedural set of requirements that are in place. so, number one, the places that does can be used are the minority. it has to be when there is a specialized need, a particular technology or expertise or something that is proprietary. this process is only available to the chapter 6 construction

department. this is something that brings chapter 6 in line with chapter 21, which only has that authority existing. this, right now the board of supervisors requires annual reporting and i would continue. there is a database that kept all the sole-source contracts in the department of anybody is late they get a stern letter from the clerk reminding them to send their sole-source contracts in. you still have to do your homework indulgence and look for other sources. there is another person out there who manufactures pneumatic tubes to install and hospital, maybe. but some of that stuff is proprietary or highly highly technical and specialized. so it saves the taxpayers many in them along on to have approval. speaking of approval, they are still approval required by the department head and the

commission for public works concern and a commission would be to mayor and the mayor's designee. the department need has to be in writing. so they have to say, exactly what it is and document is a proprietary, technical, was the reason this is happening. at the gal hearing a few weeks ago, they raised similar questions they you are raising, and they made sure that in the year we come back and have a hearing about this but how's been implemented. >> thank you very much. >> supervisor campos. >> i will not belabor the point could possibly note that everything that you said sounds right and make sense to me. the only point that i am making is that just like it was okay for us to wait a week to act on this, i do not see why he would be the end of the world if we waited one more week. so, that was the only point. i understand what you are saying. the point is that i do not

think that bob muscat would be raising this issues unless he thought it was important. so that is good point. thank you. >> thank you. supervisor wiener >> thank you. i just went back and reread again the letter from mr. muscat. actually, this letter from local 21 is not asking for continuance to try to clarify something or make tweaks to the ordinance. it is asking us to reject the ordinance. the letter raises objections fundamentally to some basic aspects of the ordinance including the design build aspect, and i totally legitimate opinion to have. but it is very different. when the trades approached me it was insane, please vote this down. they were saying, we have questions about this. this legislation. we want a summer clerk issues and maybe some amendments. sales may spend a few weeks meeting with the department, and were able to

get a bunch of questions answered. the assurance we heard on the record today, as well some amendments that were agreed upon, and that we have now made. so, at no point has local 21, to my knowledge, requested more time to meet with the department. there are question is to vote against the ordinance. i support the ordinance, as i do not think a continuance is wanted here. i think we should just vote on it. that is my take. local 21 were here saying we just need a week to have conversations with the department, i would not have an issue with that but i thought this letter is asking for. >> rank you supervisor wiener supervisor, to >> i too had a chance to reread the letter and i agree with supervisor winners interpretation to him. there is a represent from local 21 here? seeing none a little surprised. usually when things are important people send a representative. thank you. >> thank you. colleagues,

would take a roll call vote on a motion to continue. >> please call the roll >> supervisor tan -- no wiener -- no yee no almost aye read -- no campos aye christiansen no cohen no file no gimmick to know my widget aye there are three aye and eight the nose chain wiener he read christiansen cohen farrell and committed >> okay to motion to continue fails. >>[gavel] >> on the underlying item, can you please call the local >> as amended. thank you supervisor wiener. please call the roll call on the item as amended. >> on item 10, as amended,

supervisor tan excuse me. item 11. on item 11 i my apologies. on item 11, as amended, supervisor tang aye, wiener aye, yee aye avalos no, read aye, compost no, christiansen, aye cohen aye, farrell aye demented, aye my widget now there are eight aye and three nose with supervisor obelisk, was mounted in the dissent to ship this ordinance is passed on the first reading >> madam clerk, can please call item number 12

>> item 12, ordinance to amend the camping governmental conduct code to simplified and consolidate campaign finance disclaimer and disclosure requirements. >> can you please call the roll call >> on item 12, supervisor tang >> aye; wiener aye yee aye eyeless aye breed aye campos aye , christiansen aye, cohen aye fell aye kim aye aye i there are 11 aye to ship those items as ghastly on first reading >>[gavel] >> madam clerk can we go to are to 2:30 pm, nations >> madam president, today we have three requests to introduce commendations. supervisor mar avalos and felt >> okay.