god afternoon everyone and welcome to the board of supervisors meeting oaf june 23, 2015. madam clerk can you call the roll >> sfr visor avlos, present. president breed, here. compose, present. supervisor christensen, present. cohen, present. supervisor farrell, present. supervisor kim, present. mar, present. tang, present. wiener, present.

yee, present. >> ladies and gentlemen can you join us in the pledge of allegiance? i pledge allegiance to the flag of the united states of america and to the republic, for which it stands, one nation, under god, indivisible, with liberty and justice for all. thank you madam clerk are there any communications? >> i have no communications today >> colleagues are there any change tooz had may 12 or may 13 special meeting minutes. seeing none do i is a motion? motion by supervisor mar and second by tang. without objection the meeting minute will be approved after apublic comment. madam clerk will you read the consent agenda, >> items 1-10 [inaudible] if a

member rejects a item can be removed >> item 1-10, supervisor wiener aye. yee, aye. avalos, aye. breed, aye. campos, aye. christensen, aye. supervisor cohen, aye. supervisor farrell, aye. supervisor kim, aye. supervisor mar, aye. supervisor tang, aye. there are 11 eye's >> the items passed squu proved unanimously >> item 11 is appropriate all estimated receipts and expenditure frz the departments. madamprisedant would you like me to call item 12 as well >> yes, >> item 12 is the proposal salary continuing creating or

establishing full time positions in the budget and specifying and fixing work schedules for fiscal year ending 2016 and 17 >> item same house and call. without objection the ordinances pass unanimously. can you call item 13 and 14 together? >> item 13 and 14 are 2 rez dugzs to determine and declare public interest and nessissty demand construction [inaudible] preservation and repair of affordable housing improvement and related cost to be financed [inaudible] item 13 is in the amount not to exceed 300 million and [inaudible] in the amount of 350 million >> colleagues can we entertain a motion to continue these items to the meeting of july 7th? moved by supervisor mar

and second by supervisor yee. without objection item 13 and 14 is move today the meeting july 7, 2015. madam clerk can you call item 15 >> ordinance to amenld the administrative coted to revise chapter 6 >> roll call vote >> supervisor wiener aye. supervisor yee, aye. avalos, no. breed, aye. campos, no. supervisor christensen, aye. supervisor cohen, aye. farrell, aye. supervisor kim, aye. mar, no. supervisor tang, aye. there are 8 aye. 3 no, being supervisor avalos compose and mar. >> this ordinance is passed >> item 16 is amend the helt

cored to rireb the new buildings of 2 sfive 0 thousand square feet or more be constructed operated and maintained using available alturninate water sources. the new bording similaro 47 thousand squeer feet subdivision approveal compliance [inaudible] provide the pime line and other facilities constructed with in accordance of [inaudible] affirming the planning department sequa determination >> roll call vote >> supervisor wiener, aye. supervisor yee, aye. supervisor avalos, aye. breed, aye. campos, aye. christensen aye. cohen, aye. supervisor farrell, aye. supervisor kim, aye. supervisor mar, aye.

supervisor tang, aye. 11 aye >> the ord nons is passedue nan unanimously. >> [inaudible] require calendars kept by elected officials and department heads include information about there identity of persons inattendance >> supervisor avalos >> thank you. colleagues i have a amendment for this ordinance that would trigger a first reading and have the second reading in july. i want to make sure we are clear about how we conduct our sharing our internal calendar for internal offices and offices of departments as well. i do know that we have many incidental meetings within the offices and office the city department

offices that are very cumbersome and not necessary to say-some of the meetings happen that spur of the moment where conversation is held. the standing meetings we do have are the ones that are most important. i have a amendment, it is page 3 of the legislation in subsection e and starts on line 9. i'll read the whole section so it is clear. the obligations imposed under subsection b and c and the members och board of supervisors shall not apply to meetings or events where business is discussed only incidently to [inaudible] campaign related events and appearances or to meetings or events where all intendings or

employees or offices shall mean all atonedees legislative aids or employees of the office of the clerk of the board. so, what i want to make sure is that we are not just the meetings that happen spur of the moment that are part of the day to day work here at the board, that would just be really difficult to keep track of so that is my amendment and hope to have your support colleagues >> supervisor avalos made motion to amend the legislation based on what chs read into the record and it chs second by supervisor campos. colleagues can we take this amendment without objection? >> without objection the amendment passes. on the under lying items colleagues can we take the item same house and call? without objection the item passes on the first reading unanimously. madam clerk the next item please

>> item 18 is ordinance to appropriate 4 million from 2015 [inaudible] provide short term working capital for the start up of community choice program >> shame house, same call. without objection the ordinance passes >> item 19 ordinance to amends the ordinance and [inaudible] vehicle selection elements of healthy care and claen transporpation program from department of the environment to city administrator nob policy to opmize the size and use thf cities vehicle fleet >> supervisor farrell >> thank you president breed. colleagues in frunlt of us is legislation and authored to improve the way we manage our municipal vehicles. i want to

thank supervisor mar and avalos [inaudible] since introduction the office work would the department of environment and city [inaudible] to provide a comprehensive policy that govern the cities fleet. the proposal insures the sitee continue tooz push the envelope to green our fleet, reduce green house gas and find cost savings. over all the legislation [inaudible] reduce cost and further lower vehicle admissions and improve the vehicle fleet. the package has 4 pillars first expanding telematics [inaudible] better track and analyze datament establishing for the first time a vehicle assignment and reservation system to increase sufficient and utilization and move away from a paper and clip board reservation system that

ewoo have for the fleet. upidated environmental and bringing the green house reduction goals in order with the orders [inaudible] fleet and fuel reduction and better sufficient with telematic system. for the first time the city administrator will create a assignment cyst 78 for a 300 vehicle city car sharing fleet which is the largest in cam and one of the largest in the country. fleet management will ourfbsee the program in 2 phases. fleet management will review what is learned fraument this pimet and build into a expanded program of 300 vehicles in 2017felt the legislation requires expanding the telematic data system in the vehicle fleet. to date

[inaudible] installed in over 2700 vehicles and equipment including 1300 light vehicle jz [inaudible] the fleet management will leverage the data to development the assignment and reserveivation system. they will identify and reassign underutileized cars to vehicle pools which reduces the size of the fleet and cut expenses in the future. it allows the team to retire cars that are unneeded or expensive to retain. will insure city owned vehicleerize used appropriately and safely to conduct city business. this proposal will also help the city generate cost savings over time and the instullation of the telematic data system will be the main driver of the saichbings. it helpss identify

under utileized vehicles and identify vehicles that are not longer necessary. in turn analysis found a 5 percent reduction in the nob generate 3 million dollar savings or 6 million dollar savings tie today a 10 percent reduction. sufficient is reduced [inaudible] to reduce fuel cost. again as a example, 5 percent reduction of fuel useage entailed appreciately 350 thousand dollars in annual 7ings or 10 percent around 750 thousand dollars. these estimates demonstrate the vamue of proposed reductions here in the sitee of san francisco. green house gas emissions will be reduced through the proposal by aligning reduction target tooz cut average pir mile emission by 15 percent by june 30 [inaudible] review and

report on green house gas emissions each year to insure best practice and consalitation where w the environment. we already have one of the greenest and environmental friendly fleets in the country and this will continue our roll as a snalsh leader. i want to thank a number of departments including the city administrator office, freet management and department of environment for their hard work on coming up with one of the astrungest fleet policy in the state. we are [inaudible] helping the environment and saving taxpayer dollars. colleagues i ask for your support >> thank you supervisor farrell. colleagues can we take this item same house and call? without objection theords nns passes unanimously on the first reading >> item twonet is ordinance to

amend 33 f and 33 g of the police code which contain the form knrla retail employee rights ordinance >> supervisor farrell >> thank you president breed. colleagues in front of us today item fwent is a package of trailing amendments to retail workers right that represents a agreement from all parties involved since we passed the ordinance last year. i support the policy we passed last year because i do believe it the right thing for the city to do and i know that thank youfully many retails employ policy that give extra hours for their employees without this ordinance being in place, but it is important taget the policy right because it sets a precedent for future policies we see spring up throughout the country. the first amendment insures the policy targets retail establishments with chwas the intent. it changes a

number of locations from 20 locations to 40 and insures the small and midsize business are not on the same scale as larger retail establishments. it is no surprise small z medium size business don't have the same resources and we want to make sure we continue to support thim r them. the second amendment insure [inaudible] the third amendment give as short grace period for at least 3 months of the ordinance so no monetary policies [inaudible] but the amendment does give [inaudible] the opportunity to give a warning and follow up with the employer if they are thought to be in violation of the law. the next amendment provide claerty and direction about thou to notify the employees of extra hours through e-mail and writing which was a concern of this legislation last year.

employers inform employees within 72 hour time period whether they would thrike had hours. last it closed a loop hole [inaudible] if the employer modifys the scheduling of the shift with les than 7 days notice. i believe this [inaudible] i want to say i was encourageed and want to thank supervisor mar for his leadership in working in a collaborative process on this issue in particular in his office aid, nick the retail work ers bill of rights [inaudible] composed of labor and advocate orgzs, chamber of commerce and many other employers that joined in this legislation >> supervisor mar. >> thank you i wanted to especially say that supervisor

farrell spent huge amount of hours and his staff on this package of amendments. i'm very supportive of this. i think he already mentioned the broad base labor community coalition that worked very hard to pas this last year with our former president david chew. i wanted to also acknowledge the retail workers bill of rights was the first in the nation and there is a national movement looking to increase low wage worker pay and working condition. retail workers bill of rights it about providing dignity. people of color and immigrant wurbers as well. promoting full time work and access to hours is critical. the second prong is discouraging on call practice and the third is promoting equal treatment for part time

workers. lastly was work retection and job security. because of the work of supervisor a farrell the coalition and many others we tightened up the retail bill of rights and think this is important of make tg a better law. closing the loop holes is critical and being conscious there are small chains that are local and important to had sate and focusing on the large retailers was the intent of the policy. lastly i'll just say thanks not only to nick [inaudible] from my staff but jes [inaudible] from supervisor farrell office, nicky weeten from the mayors office and [inaudible] and the 30 coalition of grass root [inaudible] made up of low wage workers that drove the retail

bill of rights. >> i want to thank supervisor farrell and mar for taking a lead on working on this legislation in order to make it better legislation for the workers it is intended to serve. colleagues i just want to offer one simple amendment to this legislation. i have been a supporter of this legislation since it was introduced last fall and think it is important for worker tooz have advance notice so they can plan schedules, care for families and make doctors appointment and for college classes. these are things i heard [inaudible] i also support the proposed amendments by supervisor farrell which clarify and improve the original edge slaigz, but there is one thing i think we fleed to address and that is movie theaters. by their very nature they can not comply with this

[inaudible] totally independent from the actual movie theaters dictate what films are shown and win. the stud yoi make those decision on a weekly basis [inaudible] how many films they would show and how many films will be on the screen, they don't know how many times a day a movie will actually be shown as well as how popular a movie will be. all these factors impact how a movie theater needs to be staffed meaning the theaters are incapable predicting the staff needs in 4 days. it is beyond their control and knowledge. this is not unique to san francisco. the entire movie industry works this way. i don't mean to question the intent of the legislation, i would like a explanation of

how we expect san francisco movie theaters operators to support or comply with the law and how is it possible and maybe attorney john gibner can give us a response of how we can actually make this work with movie theaters >> mr. gibner >> john gibner. that is a policy decision for the board to consider perhaps with [inaudible] advice >> thank you. i'm very worried about subjecting a hand full of businesses to the law that we know full well they cannot comply with. aside from being bad policy that seems increasingly unfair and likely subject us to a law suit because of factors beyond their control, movie theaters will be out of compliance day 1. there are 7 movie theaters in the city subjected to the legislation. [inaudible] van

nes theater, sin mark which ones in west field and [inaudible] empire and land mark theater who has the embarcadero center. collectorly they have about 257 employees at these threators and the legislation goes into effect the theaters will have to pay penalties on each one and the most likely outcome is they will lay off employees and we don't want to see that happen. this can hurt employees, not help employees. proposing a amendment to section 3300.g.4 b which i think we can do as a addition at the end of the paragraph stating a employer that qualifys as a movie theater as defined in planning code section 102790.64 and 890.64

shall be exempt from the subsection and subsection c and d of [inaudible] i know some argued granting this hand full of movie theaters an exemption will open a pandoras baunsh and undermine the legislation. let me be clear, i support the legislation and offer the amendment because i support it and iment to the legislation to work and to be fair and if these theaters are going to cause a slippery slope where every business requests a exemption, where is the evident of that. what other business have made a case that their business model fundamentally prevent them from complying with this legislation? there is no slippery slope here and no other businesses lined up outside waiting. this is a unique set of circumstances for a very small number of businesses who are simply

unable to meet these requirements. i think granting them the limited exemption is a fair thing to do and it is in with keeping with the overall intent of the legislation so colleagues i ask for your support and i talk to our city attorney john gibner who tells me these are substantive amendments so if the amendment passes i suggest we duplicate the file and amend the duplicated file and send it back to committee so we can take public comments on it, but in the mean time i would like to move forward with the current legislation and with supervisor farrells proposed amendments so that the public to provide feedback on my proposed substantive amendment >> colleagues president breed made a motion to amend, is there is a second? supervisor kim second >> just for clarity i want to

duplicate the file first and only want to make a amendment to the file that goes back to budget committee to be heard >> madam clerk i think the file can be duplicated >> [inaudible] >> the file is duplicated and the motion is to amend the duplicated file. that motion has been seconded by supervisor christensen, so before we act on that is there any comment on the amendment? supervisor mar >> i guess i appreciate preezdant breeds effort at this last minute of finalizing the legislation and the duplication of the file so at least the hard work that supervisor farrell and our office made can go forward. i'll just say i do think it is a slippery slope. we did meet with local theater operators and understand their concerns but we know on a

national level the industry is against major changes that to raise the wages and work conditions of low wage workers and i bow as david chew in the assembly moves forward with state legislation there is a strong feeling that watering down important employment proiths for low wage workers is not the right thing to do and there are other industries wree looking at similar loop holes to be created so i urge my colleagues not to support additional amendments and again reiterate i'm appreciative with supervisor farrells work to move the proposed amendments forward and wim speak against the one supervisor breed is mentioning >> supervisor christensen >> perhaps i can provide clarity, we have been in touch about mese amendments and we ran this particular exception

by him and he expressed no reserveivation about this so don't think any can speak for him but the original author he was consulted on this and didn't object strenuously at this time >> we have a motion to amunds the duplicated file >> i want to get clarity because i know supervisor farrell from my understanding has made amendments which i would like to the amendments he is proposing to be included in both files, so i just want to make sure we because we hadn't approved those just yet >> should we go and take those amendments first? supervisor farrell >> i do believe the amendmenterize what the entirety of the amendments we are voting on so by duplicateing the files we

duplicateing all the amendment >> that is my understanding is they are embedding in what is before us. we have a motion by president breed and second by supervisor christensen to amend the duplicateing file. on that motion can we take a roll call vote? >> wiener no. supervisor yee, no. supervisor avalos no. supervisor breed, aye. supervisor campos, no. supervisor christensen, aye. sfr visor cohen, no. supervisor farrell, aye. supervisor kim, no. supervisor mar, no. supervisor tang, aye. there are 4 aye and 7 no. >> the motion to amend the duplicated file fails. colleagues any other comments?

supervisor wiener did you--no. so, we have a duplicated file that is in front of us as well, supervisor breed, how do you want to proceed? >> i want to send the duplicated file to budget committee. >> so we vamotion to send that. madam clerk we need a second on that the motion. second by supervisor tang . do you want to have a roll call on that motion? >> supervisor wiener, aye. supervisor yee, aye. supervisor avalos, no. supervisor breed, aye. supervisor campos, no. supervisor christensen, aye. supervisor cohen, aye. supervisor farrell