City and County of San Francisco Monday, February 14, 2022
>> GOOD MORNING AND WELCOME TO
THE RESCHEDULED RULES COMMITTEE FOR TODAY, VALENTINE'S DAY,
FEBRUARY 14TH, 2022. I AM THE CHAIR OF THE COMMITTEE,
JOINED BY THE VICE CHAIR. >> -- , CAN WE HOLD FOR A MOMENT.
I AM HEARING FROM YOUR OFFICE
THAT WE MAY HAVE AN ONLINE ISSUE WITH SAN FRANCISCO GOVERNMENT T.V. NOT WORKING. IF YOU DON'T MIND PAUSING MOMENTARILY WHILE WE CHECK ON THAT.
>> TAKE YOUR TIME. >> I BELIEVE THE ISSUE IS ON SAN FRANCISCO GOVERNMENT T.V., THE ONLINE VERSION.
WHOEVER IS CHECKING ON THAT.
CHAIR PESKIN, A QUICK UPDATE. IT LOOKS LIKE THE LIVE STREAMING ON SAN FRANCISCO GOVERNMENT T.V., WE ARE GETTING NETWORK
ERRORS AND THEY ARE CHECKING ON THAT RIGHT NOW. >> OKAY.
>> EVERYTHING IS WORKING, IT IS JUST NOT STREAMING ON OUR WEBSITE. THEY ARE ADDRESSING THE ISSUE RIGHT NOW. WE WILL GIVE YOU AN UPDATE MOMENTARILY.
>> OKAY.
>> CHAIR PESKIN, --
>> SUPERVISOR PESKIN: FEBRUARY 14TH, 2020.
DUE TO TECHNICAL DIFFICULTIES,
WE ARE STARTING NOW. I'M JOINED BY SUPERVISOR MANDELMAN AND SUPERVISOR CHAN.
AND YOUR CLERK IS MR. VICTOR YOUNG. DO YOU HAVE ANY ANNOUNCEMENTS?
>> CLERK: YES. THE MINUTES WILL REFLECT THE
MEMBERS OF THIS MEETING PARTICIPATED IN THIS MEETING REMOTELY. THE BOARD RECOGNIZES THAT
PUBLIC ACCESS TO CITY SERVICES IS ESSENTIAL AND INVITES PUBLIC
COMMENT IN THE FOLLOWING WAYS.
EITHER CHANNEL 76, 28, 99 AND SFGOVTV.ORG ARE STREAMING THE PUBLIC CALL-IN NUMBER ACROSS THE SCREEN. EACH SPEAKER WILL BE ALLOWED UP
TO TWO MINUTES TO SPEAK UNLESS
OTHERWISE STATED.
415: 655-0001.
THE MEETING ID IS 24950524358
THEN PRESS POUND AND POUND AGAIN.
BEST PRACTICES ARE TO CALL FROM
A QUIET LOCATION AND TURN DOWN
YOUR TELEVISION OR RADIO. OR YOU MAY SUBMIT PUBLIC
COMMENT TO MYSELF, VICTORYOUNG@SFGOV.ORG.
WRITTEN COMMENTS MAY BE SENT TO
CITY HALL, 1 DR. CARLTON B. GOODLET PLACE. AND JUST A WORD FOR THE
STREAMERS AT SFGOVTV.ORG.
FOR TODAY'S SESSION, YOU WILL
BE REDIRECTED TO A YOUTUBE WEBSITE FOR STREAMING SERVICES FOR THIS MEETING.
THAT CONCLUDES MY INITIAL ANNOUNCEMENTS CHRMENT THANK YOU, MR. YOUNG.
AND WE ARE JOINED BY SUPERVISOR MAR FOR THE FIRST ITEM.
MR. CLERK, CAN YOU PLEASE READ THE FIRST ITEM.
>> CLERK: YES. ITEM NUMBER ONE IS A MOTION ORDERING SUBMITTED TO THE
VOTERS AT AN ELECTION TO BE
HELD ON JUNE 7TH, 2022, AN
ORDINANCE TO AMEND THE POLICE
CODE TO REQUIRE EMPLOYERS TO PROVIDE PUBLIC HEALTH EMERGENCY
LEAVE DURING A PUBLIC HEALTH EMERGENCY.
IF YOU HAVEN'T ALREADY DONE SO, DIAL STAR THREE TO LINE UP TO SPEAK FOR PUBLIC COMMENT.
>> CHAIRMAN: THANK YOU,
MR. YOUNG. AND.
>> SUPERVISOR MAR: SUPERVISOR
MAR DID WE HEAR THE CONTROLLER'S STATEMENT LAST WEEK?
>> SUPERVISOR MAR: I DON'T BELIEVE SO.
>> CHAIRMAN: OKAY. WHY DON'T WE START WITH THE CONTROLLER'S STATEMENT AS WE DO
WITH ALL THE ITEMS IN FRONT OF US.
MS. STEVENSON, GOOD MORNING. >> GOOD MORNING SUPERVISORS.
PEG STEVENSON FROM THE CONTROLLER'S OFFICE.
I SUBMITTED A LETTER WHICH IS
IN YOUR FILE JUST PROVIDING LIKELY BASIC STAFFING COSTS
THAT WOULD COME WITH THIS MEASURE.
IN OUR LINGO THIS IS A MODERATE
COST TO GOVERNMENT AND THEN
REMINDING PEOPLE THAT THE
EVENTUAL DEVELOPMENT WOULD
DEPEND ON WHERE YOURSELF AND
APPROVE A BUDGET THROUGH YOUR NORMAL PROCESSES AND FUTURE MAYORS AND BOARDS OF
SUPERVISORS TO A PARTICULAR COST. SO THAT IS TYPICALLY HOW WE ADVISE THESE MEASURES AND THAT'S WHAT OUR LETTER REFLECTS. HAPPY TO ANSWER ANY QUESTIONS, BUT IT'S PRETTY STRAIGHT FORWARD IN THAT WAY.
>> CHAIRMAN: ARE THERE ANY QUESTIONS FOR THE CONTROLLER'S OFFICE? SEEING NONE.
SUPERVISOR MAR, I BELIEVE YOU
HAVE SOME ADDITIONAL AMENDMENTS THIS MORNING THAT YOU'VE
CIRCULATED TO THE MEMBERS OF THIS COMMITTEE. THE FLOOR IS YOURS.
>> SUPERVISOR MAR: THANK YOU
SO MUCH, SUPERVISOR PESKIN, AND SUPERVISOR MANDELMAN.
ALSO I WANT TO THANK SUPERVISOR CHAN FOR YOUR CO-SPONSORSHIP AND YOUR SUPPORT.
SO I DO HAVE A SECOND ADDITION TO THE AMENDMENT THIS MORNING,
BUT I DID ALSO WANT TO STATE THE FIRST SET OF AMENDMENTS
INTRODUCED LAST WEEK THESE ADDITIONAL AMENDMENTS WERE CREATED THROUGH OUR CONTINUING ENGAGEMENT WITH LABOR AND EMPLOYER GROUPS TOWARDS THE GOAL OF FINDING THE RIGHT BALANCE OF PROTECTING AND
SUPPORTING WORKERS DURING THE
CURRENT AND FUTURE HEALTH EMERGENCIES WHILE ALSO PREVENTING UNREASONABLE BURDEN
ON OUR EMPLOYERS.
I WANT TO THANK COUNCIL AND SF BUILDING AND CONSTRUCTION TRADES.
THE CHAMBER OF COMMERCE AND THE GOLDEN GATE RESTAURANT ASSOCIATION IN ADVANCE FOR THEIR CONSTRUCTIVE ENGAGEMENT
ON THIS WITH THIS IMPORTANT MEASURE. TO BRIEFLY SUMMARIZE THE FOUR AMENDMENTS THAT WERE CIRCULATED
TO YOU AND THAT I'M HOPING THE
COMMITTEE WOULD ADOPT TODAY. THE FIRST ONE IS ON PAGE FIVE, LINE 17 TO 21.
AND FOR PURPOSES OF ALLOCATING
THE HOURS AVAILABLE TO PART-TIME WORKERS, EMPLOYERS
WILL NOW LOOK BACK AT THE HOURS
OVER THE PRIOR SIX MONTHS
RATHER THAN THE PRIOR THREE
MONTHS WITH THE LOOK-BACK
PROVISIONS IN A STATEWIDE SUPPLEMENTAL LEAD.
WE ADDED LANGUAGE TO THE OFFICE
OF LABOR ENFORCEMENT STANDARDS
TO COUNT OTHER HYPOTHETICAL FORMS OF SUPPLEMENTAL LEADS THAT EMPLOYERS MAY HAVE OFFERED
FOR THE OFFSETTERS AND,
THIRDLY, ON PAGE NINE, LINES 18 TO 22, WE SPECIFIED THAT
EMPLOYERS CAN REQUEST A
DOCTOR'S NOTE USING PUBLIC HEALTH EMERGENCY FOR AIR QUALITY TO CONFIRM THEIR STATUS
AS A MEMBER OF A VULNERABLE POPULATION AND THEN FOURTH AND
LASTLY ON PAGE 17, LINE 25, WE
ADDED THE ABILITY TO AMEND PUBLIC HEALTH EMERGENCY LEAVE
AND SCOPE OF COVERAGE FOR AIR QUALITY EMERGENCIES BECAUSE
THIS IS THE NEW SORT OF POLICY
PROVISION IN THIS PROPOSAL. AGAIN, THANKS AGAIN, COLLEAGUES AND I REQUEST THAT YOU ADOPT
THE AMENDMENTS THAT I'VE SHARED WITH YOU.
>> CHAIRMAN: THANK YOU, SUPERVISOR MAR, AND THANK YOU FOR SHARING THOSE ON FRIDAY SO WE CAN READ THEM OVER THE WEEKEND. I AM FINE WITH THEM. WHY DON'T WE IF WE DON'T HAVE COMMENTS FROM COMMITTEE MEMBERS OPEN THIS UP TO PUBLIC COMMENT. ARE THERE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO
COMMENT ON ITEM NUMBER ONE?
>> CLERK: YES.
IF YOU HAVE NOT ALREADY DONE SO, PLEASE DIAL STAR THREE TO BE ADDED TO THE QUEUE TO SPEAK. FOR THOSE ON HOLD, PLEASE CONTINUE TO WAIT UNTIL THE SYSTEM INDICATES YOU HAVE BEEN UNMUTED AND YOU MAY BEGIN YOUR COMMENTS.
IT LOOKS LIKE WE HAVE 14
CALLERS ON THE LINE WITH FOUR ON THE LINE TO SPEAK.
>> CHAIRMAN: FIRST SPEAKER, PLEASE.
>> CALLER: HI THERE. I'M WAITING FOR A DIFFERENT AGENDA ITEM. SO I'LL GO BACK IN THE QUEUE.
THANK YOU.
>> CHAIRMAN: NEXT SPEAKER.
>> CALLER: CAN YOU HEAR ME?
>> CHAIRMAN: MR. PILLPELL, PLEASE PROCEED.
>> CALLER: I'M SORRY, I DIDN'T
KNOW THAT I RAISED MY HAND.
I'M TRYING TO JUGGLE THE TECHNOLOGY HERE.
WE DON'T SEEM TO HAVE CAPTIONS ON THE YOUTUBE FEED WHICH IS
THE REDIRECT FROM FROM THE
CHANNEL ONE LIVE ITEM AND I
GUESS I'M -- I DIDN'T HAVE
ANYTHING SUBSTANTIATIVE ON ITEM ONE.
BUT I'M GUESSING THESE WILL TRIGGER CONTINUE THIS TO A SPECIAL RULES COMMITTEE MEETING
OR CONTINUE THIS TO THE 28TH. I'M TRYING TO JUGGLE ALL THE THINGS GOING ON THIS MORNING.
IT'S VERY COMPLICATED. THANKS.
>> CHAIRMAN: NEXT SPEAKER.
>> HI, GOOD MORNING, SUPERVISORS. THIS IS LORI CAMAS CALLING FROM THE GOLDEN GATE RESTAURANT ASSOCIATION.
I WANTED TO CALL AND THANK
SUPERVISOR MAR AND HIS STAFF FOR THE SUPER HELPFUL THAT HAVE RESULTED IN THESE AMENDMENTS AND SO WE APPRECIATE THAT VERY MUCH.
WE DO WANT TO SAY THAT WE STILL HAVE THE SIDE AND WOULD SUGGEST IF POSSIBLE WE CONTINUE TO RELOOK AT THAT SIZING. [PLEASE STAND BY]
>> IT IS EXPENSIVE TO CLEAN THE
DOCS AND MAINTAIN THE HIGH STANDARDS.
I APPRECIATE THIS ONE AMENDMENT. I ALSO APPRECIATE ANYTHING THAT
IS DONE TO HELP OUR NURSES, OUR DOCTORS, THOSE ON THE FRONT
LINES.
WE KNOW A LOT OF THEM HAVE REACHED SATURATION POINT.
TOTALLY STRESSED OUT.
SO WHATEVER WE CAN DO TO LESSEN
THEIR STRESS, WE APPRECIATE IT
AND WE THANK YOU. >> THANK YOU.
ARE THERE ANY OTHER MEMBERS OF THE PUBLIC TO MAKE PUBLIC COMMENT ON ITEM NUMBER 1. >> WE ARE DOING ONE LAST FINAL
CHECK.
THAT WAS THE LAST CALLER ON THIS MATTER. >> OKAY.
PUBLIC COMMENT IS CLOSED.
COLLEAGUES, GIVEN THAT THE 21ST IS PRESIDENT'S DAY AND A
HOLIDAY, I HAVE ASKED THE CLERK'S OFFICE TO CONVENE A SPECIAL MEETING OF THIS
COMMITTEE THE FOLLOWING DAY, THE 22ND.
I BELIEVE IT IS AT 10:00 AM.
IS THAT CORRECT,, MR. YOUNG? >> YES. THAT IS THE CORRECT REQUEST. MAY I ASK IF WE CAN CONTINUE THE MATTER TO THE CALL OF THE CHAIR
WITH THE INTENT TO SCHEDULE
WHILE I WORK OUT THE LOGISTICS WITH ALL THE OTHER BODIES? >> ABSOLUTELY. I JUST WANT TO BE ABLE TO LET
THE PUBLIC KNOW THAT THE NEXT
MEETING IS ALMOST CERTAINLY GOING TO BE ON TUESDAY, FEBRUARY
22ND AT 10:00 AM.
AS A TECHNICAL MATTER, WE WILL CONTINUE AFTER WE MAKE AMENDMENTS THIS ITEM TO THE CALL
OF THE CHAIR.
PLEASE, AS IT RELATES TO THIS AND OTHER MEASURES ON THIS
AGENDA, KNOW THAT IT WILL BE HEARD ALMOST CERTAINLY ON TUESDAY, FEBRUARY 22ND AT 10:00 AM. WITH THAT, I WOULD LIKE TO MAKE
A MOTION TO ADOPT SUPERVISOR MAR MAR'S AFOREMENTIONED AND DISCUSSED AMENDMENT.
ON THAT MOTION, A ROLL CALL, PLEASE. >> YES, ON THAT MOTION...
[ROLL CALL] >> THE MOTION PASSES WITHOUT
OBJECTION. >> THEN I WOULD LIKE TO MAKE A
MOTION TO CONTINUE THE ITEM AS
AMENDED TO THE CALL OF THE
CHAIR, NOTING THAT IT WILL LIKELY, ALMOST CERTAINLY BE HEARD ON FEBRUARY 22ND AT
10:00 AM. ON THAT MOTION, A VEHICLE,
PLEASE...
[ROLL CALL] -- ON THAT MOTION A ROLL CALL, PLEASE THIS.
[ROLL CALL] THE MOTION PASSES WITHOUT
OBJECTION. >> I WILL NOTE, COLLEAGUES AND
MEMBERS OF THE PUBLIC, THAT ANY ITEM THAT WE TAKE ACTION ON ON FEBRUARY 22ND CAN BE FORWARDED
TO THE BOARD IN THE NORMAL
COURSE OF BUSINESS, NOT AS A COMMITTEE REPORT TO BE HEARD ON
MARCH 1ST WHICH IS THE FIRST DAY -- LAST DAY FOR THE BOARD OF SUPERVISORS TO PUT INITIATIVE ORDINANCES ON THE BALLOT. I WANTED TO ANNOUNCE THAT SO
EVERYONE IS AWARE. PLEASE READ ITEM TWO THROUGH
FIVE TOGETHER.
>> YES, ITEM TWO IS A MOTION SUBMITTED TO THE VOTERS OF AN
ELECTION TO BE HELD ON JUNE 7TH, 2022 AMENDING THE REFUSE
COLLECTION AND DISPOSAL
ORDINANCE TO REPLACE A HEARING FOR THE DEPARTMENT OF PUBLIC WORKS WITH A REQUIREMENT THAT
THE CONTROLLER AND ADMINISTRATOR REGULARLY MONITOR THE RATES AND
APPEAR BEFORE THE REFUSE RATE
BOARD TO RECOMMEND ADJUSTMENTS. ITEM THREE IS MOTION SUBMITTED
TO THE VOTERS TO BE HELD ON JUNE 7TH, 2022 AND AMENDING THE REFUSE COLLECTION AND DISPOSAL
ORDINANCE TO RESTRUCTURE THE REFUSE RATE SETTING PROCESS SHOULD REPLACE HEARINGS BEFORE THE DEPARTMENT OF PUBLIC WORKS WITH A REQUIREMENT THAT THE
CONTROLLER, AS REFUSE RATE ADMINISTRATOR, REGULARLY MONITOR
THE RATES AND APPEAR FOR THE REFUSE RATE BOARD TO RECOMMEND RATE ADJUSTMENTS. ITEM FOUR IS A HEARING TO
PROPOSE AN ORDINANCE SUBMITTED
BY SUPERVISORS TO THE VOTERS FOR
THE JUNE 7TH, 2022 ELECTION ENTITLED ORDINANCE AMENDING THE REFUSE COLLECTION AND DISPOSAL ORDINANCE TO RESTRUCTURE THE
RATE SETTING PROCESS. ITEM FIVE IS A HEARING TO
CONSIDER THE PROPOSED ORDINANCE
I PROPOSED BY VOTERS FOR THE
JUNE 7TH, 2022 ELECTION ENTITLED ORDINANCE AMENDING THE REFUSE COLLECTION AND DISPOSAL ORDINANCE TO RESTRUCTURE THE
REFUSE RATE SETTING PROCESS.
>> THANK YOU, MR. YOUNG. THANK YOU, COLLEAGUES.
WHEN I SAY THANK YOU,
COLLEAGUES, I AM REFERRING NOT ONLY TO SUPERVISOR CHAN AND
MANDELMAN ON THIS PANEL, BUT EVERY MEMBER OF THE BOARD OF SUPERVISORS AND THE MAYOR AS IT RELATES TO THIS SOMEWHAT
MONUMENTAL UNDERTAKING. CANDIDLY THIS IS THE CULMINATION
OF A TOTAL CHOICE PAST COUPLE OF YEARS AND I'M NOT TALKING ABOUT
THE PANDEMIC.
IN MANY WAYS THIS MEASURE, AND
ACTUALLY THE MEASURE THAT WE ARE
CLOSING TODAY'S MEETING WITH, IT
AIMS TO BOOKEND A YEAR'S LONG CONTINUING TO UNRAVEL CORRUPTION PRICES IN THE CITY AND COUNTY OF SAN FRANCISCO.
THAT CORRUPTION CRISIS HAS BEEN,
I THINK WE ALL KNOW, INCREDIBLY COSTLY.
AS IT RELATES TO RECOLOGY, THAT
COST HAS BEEN BORNE BY THE RATEPAYERS AND RESIDENTS AND BUSINESSES OF SAN FRANCISCO TO
THE TUNE OF AT LEAST $94.5 MILLION, WHICH,
THANKFULLY, HAS BEEN REFUNDED. YOU MIGHT ASK WHY WE ARE CONSIDERING FOREIGN MEASURES. HOPEFULLY THIS ENTIRE EPISODE
WILL END WITH ONE MEASURE BEING
ON THE BALLOT. THE MEASURES BEFORE US REVISIT THE WASTE MANAGEMENT ORDINANCE
THAT WE COMMONLY REFERRED TO AS THE 1932 ORDINANCE WHICH HAS
BEEN LARGELY UNCHANGED IN OUR
LAWS FOR ALMOST 100 YEARS, 90 YEARS TO BE EXACT. IT WAS AMENDED A COUPLE OF TIMES
IN THE FIFTIES AND SIXTIES. IT CAN ONLY BE AMENDED OR
RESCINDED AT THE BALLOT. THERE HAS BEEN A COUPLE OF
UNSUCCESSFUL ATTEMPTS TO REVOKE THE 1932 ORDINANCE ON THE
BALANCE -- ON THE BALLOT WITH
PROPOSITION A IN 2012.
ALL OF THESE MEASURES AMEND THE LONG-HELD MONOPOLY ON WASTE MANAGEMENT IN SAN FRANCISCO AND
CREATE A MORE DYNAMIC REGULATORY OVERSIGHT RELATIONSHIP BETWEEN
THE CITY AND OUR COMPANY. LET ME EXPLAIN A LITTLE BIT ABOUT WHY THERE ARE FOREIGN MEASURES AND TALK A LITTLE BIT ABOUT THE PROCESS THAT GOD IS HERE.
OVER A YEAR AGO, AS THE
REVELATIONS OF OVERCHARGING AND THE CORRUPTION IN AND AROUND THE
RATEMAKING PROCESS AS RELATED TO
MOHAMMED NEW ROUX, UNDER THE 1932 ORDINANCE, THE DIRECTOR OF
PUBLIC WORKS ULTIMATELY ISSUES SOME ORDERS.
AT THAT TIME, TOGETHER WITH MAYOR BREED, WE CONVENED A WORKING GROUP. YOU WILL HEAR A LITTLE BIT MORE
ABOUT THAT FROM THE CONTROLLER'S OFFICE. IT SPENT THE LAST YEAR LOOKING
AT THE CURRENT REGULATORY SCHEME AND EXPLORED OTHER OPTIONS.
ULTIMATELY, WE LANDED ON A WELL THOUGHT OUT AND REASONABLE ORDINANCE THAT IS ITEM 220052 IN
THIS PACKET, WHICH WE BROUGHT TO
RECOLOGY ON DECEMBER 9TH. WE GAVE THEM AN ADVANCED COPY OF
AN EARLY DRAFT TO DISCUSS WITH
THEM THE WORKING GROUP WHICH HAD
A BROAD GROUP OF STAKEHOLDERS RANGING FROM THE BUILDING OWNERS
AND MANAGERS' ASSOCIATION TO REPRESENTATIVES OF TENANT'S INTEREST, TO THE APARTMENT
ASSOCIATION. THEY DID NOT, BY DESIGN, INCLUDE
RECOLOGY.
BUT AS THAT GROUP AND THE CITY'S
INTERNAL GROUP RUN BY THE
CONTROLLER'S OFFICE CAME TO A CONSENSUS, WE BROUGHT THE DRAFT ORDINANCE TO RECOLOGY.
RECOLOGY EXPRESSED A NUMBER OF
CONCERNS AND WE COMMITTED TO CONTINUE CONVERSATIONS WITH RECOLOGY.
UNFORTUNATELY, AND I HAVE NEVER
ACTUALLY SEEN THIS BY A CORPORATION OR ANYBODY THAT I
HAVE NEGOTIATED WITH IN THE
ALMOST 20 YEARS THAT I HAVE BEEN A MEMBER ON THIS BOARD OF SUPERVISORS, RATHER THAN
NEGOTIATE IN GOOD FAITH, RECOLOGY, 11 DAYS LATER DECIDED TO COLLECT SIGNATURES FOR THEIR
OWN ORDINANCE, WHICH WOULD NOT
ALLOW ANY FUTURE AMENDMENT BY THE CITY BY AND THROUGH THE BOARD OF SUPERVISORS AND THE MAYOR.
AND THAT RESULTED IN MY COMING
FORWARD WITH THE NEXT ITEM THAT HAS ALREADY BEEN CALLED, FILE
NUMBER 22053 WHICH WOULD PUT
THEIR FRANCHISE OUT TO BID UPON PASSAGE BY THE VOTERS, AND ALSO
WOULD LEAD TO AN INTRODUCTION AS
ALLOWED BY THE CHARTER TO -- TWO
IDENTICAL MEASURES DIRECTLY TO
THE BALLOT. THANK YOU TWO SUPERVISORS CHAN
AND MANDELMAN FOR SIGNING ON TO THOSE, ALONG WITH SUPERVISORS RONEN AND WALTON.
HOPEFULLY ON THE FIRST DAY OF
MARCH WE WOULD DRAW OUR SIGNATURES FROM THOSE TWO INSTRUMENTS, WHICH ARE THE
HEARINGS THAT ARE ITEMS FOUR AND FIVE ON TODAY'S CALENDAR, BUT
WHAT I WOULD LIKE TO DO IS GO OVER BOTH ITEMS.
I HAVE A NUMBER OF AMENDMENTS TO THE FULL BOARD.
I WISH IT WEREN'T THIS WAY, BUT BASED ON RECOLOGY'S BEHAVIOUR IN DECEMBER AND JANUARY, I DO NOT TRUST THEM.
I WOULD LIKE TO MAINTAIN
LEVERAGE UNTIL THE END. WITH THAT, UNLESS THERE ARE ANY
INTRODUCTORY REMARKS FROM COLLEAGUES, I REALLY WOULD LIKE TO THANK AND ACKNOWLEDGE THE
DEPUTY CITY ATTORNEY WHO HAS
DONE AN EXTRAORDINARY JOB OF
DEFINING WHAT I WAS THINKING AND WORKING WITH FOR THE TASK FORCE. I WANT TO THANK AND ACKNOWLEDGE
BEEN ROSENFIELD AND HIS TEAM AND OTHERS IN THE CONTROLLER'S OFFICE FOR DOING ALL OF THE HARD WORK AND ANALYSIS TO GET US HERE. AND I WOULD LIKE TO THANK THE MAYOR'S OFFICE AND THE CHIEF OF
STAFF FOR THEIR HANDS-ON PARTICIPATION AND HELP ALL ALONG
THE WAY, AND IF THERE ARE NO COMMENTS FROM COMMITTEE MEMBERS, I LIKE TO TURN IT OVER TO
NATASHA FROM THE CONTROLLER'S OFFICE WHO CAN RUN US THROUGH
ALL OF THE HIGH POINTS OF THE LEGISLATION AND THEN,
COLLEAGUES, I WILL SPEAK TO A NUMBER OF PRETTY STRAIGHTFORWARD
AMENDMENTS.
WITH THAT, THE FLOOR IS YOURS. >> THANK YOU, SUPERVISOR.
GOOD MORNING.
MY NAME IS NATASHA.
I AM IN THE CONTROLLER'S OFFICE. THERE IS AN ECHO.
MAYBE SUPERVISOR PESKIN, GO ON MUTE. THAT WOULD BE HELPFUL. I WILL ASSUME IT IS OKAY TO SHARE MY SCREEN.
I HAVE A FEW SLIDES TO GO THROUGH HERE.
AS THE SUPERVISOR MENTIONED,
EARLIER IN 2021 THE CONTROLLER'S OFFICE WORKED WITH SUPERVISOR
PESKIN AND THE MAYOR'S OFFICE TO
UNDERSTAND WHAT ARE SOME OF THE
KEY CONCERNS PARTICULARLY AROUND
RESIDENTIAL RATES. THESE WERE OUR GUIDING QUESTIONS AROUND ACCOUNTABILITY AND TRANSPARENCY. DOES THE PUBLIC TRULY UNDERSTAND
HOW THE PROCESS IS MANAGED? WHAT IS THE QUALITY OF SERVICE?
IS A COST-EFFECTIVE, DOES IT MEET OUR STATED ENVIRONMENTAL GOALS, OUR PERFORMANCE
STANDARDS, AND ARE THE RATES THE CUSTOMERS ARE PAYING APPROPRIATE AND FAIR FOR RESIDENTIAL REFUSE SERVICE? THESE WERE THE QUESTIONS THAT WE TOOK A LOOK AT THE EXISTING
SYSTEM AND HOW WE MIGHT BE ABLE TO MAKE CHANGES. SOME OF OUR FINDINGS ARE THE
RATESETTING TIMEFRAME MAY BE TOO LONG TO CORRECTLY ESTIMATE THE COST. THERE IS AN AD HOC NATURE TO THIS. EVERY FOUR TO FIVE YEARS THERE IS A RATE SITTING PROCESS.
STAFF HAVE TO DROP WHAT THEY ARE
DOING AND RELEARN AND BUILD EXPERTISE. THE RATE CALCULATIONS THEMSELVES
ARE VERY COMPLICATED. THEY ARE NOT TRANSPARENT AND THERE IS AN OPPORTUNITY TO IMPROVE THE METHODOLOGY TO MAKE SURE THAT WHAT RATES ARE BEING
PAID ACTUALLY MATCH REVENUES AND EXPENSES.
ALSO A LACK OF ONGOING
MONITORING. THERE'S LOW PUBLIC CONFIDENCE BECAUSE WE DON'T HAVE INDEPENDENT AUDITS. THERE IS AN ONGOING MODERATING WHICH ARE ENVIRONMENTAL AND CUSTOMER SERVICE GOALS AND THE RATE BOARD IS NOT INVOLVED IN THE MONITORING OF THE RATESETTING PROCESS. AS THE SUPERVISOR MENTIONED,
THIS MEASURE DOES DATE BACK TO 1932 WHICH LIMITS THE CITY'S
ABILITY TO MAKE CHANGES TO THE SYSTEM WHEN ISSUES ARE IDENTIFIED. THE PROPOSAL THAT IS BEFORE YOU
TODAY WOULD ESTABLISH THE CONTROLLER AS THE REFUSE RATE ADMINISTRATOR.
A TEAM IN THE CONTROLLER'S OFFICE WOULD BE RESPONSIBLE FOR ADMINISTERING THE RATESETTING
PROCESS AND PROPOSING RATES TO THE RATE BOARD. THIS GROUP WOULD WORK WITH
SUBJECT MATTER EXPERTS IN PUBLIC WORKS, IN THE DEPARTMENT OF ENVIRONMENT TO COME UP WITH
THOSE PROPOSED RATES FOR THE RATE BOARD TO TAKE AND REVIEW,
LISTEN TO, AND APPROVED. THAT NEW GROUP WOULD ALSO DO ONGOING FINANCIAL AND
PERFORMANCE MONITORING OF THE RESIDENTIAL REFUSE PROVIDER FOR
RIGHT NOW IN THE ANNUAL BALANCING OF EXPENSES, REVENUE,
PERFORMANCE MONITORING WHICH WOULD ACTUALLY HAPPEN.
THE RATE BOARD MEMBERSHIPS AND RESPONSIBILITIES WOULD CHANGE SO
IN ORDER TO ENSURE FULL TRANSPARENCY AND ANY PERCEIVED CONFLICT OF INTEREST, THE
CONTROLLER WOULD NOT BE ON THE BOARD ANYMORE AND WE WOULD ADD A
RATEPAYER REPRESENTATIVE.
THE RATE BOARD WOULD ALSO PROACTIVELY APPROVED RATE
APPLICATIONS AND ALSO OVERSEE ONGOING FINANCIAL AND PERFORMANCE REPORTING.
AS PART OF THAT, THE BOARD WOULD CONDUCT AN ANNUAL FINANCIAL
AUDIT, INDEPENDENT FINANCIAL AUDIT WITH A CONTRACTOR THAT THEY HAVE SELECTED. AND THE MEASURE ALLOWS FLEXIBILITY FOR THE FUTURE.
THE MEASURE DOES AUTHORIZE THE REGULATION OF COMMERCIAL RATES AND ALLOWS CHANGES TO THE
ORDINANCE WITH A BOARD SUPER MAJORITY AND MAYORAL APPROVAL. THAT IS THE END OF MY
PRESENTATION. >> THANK YOU SO MUCH.
THANK YOU FOR YOUR WORK ALONG
THE WAY. SEEING NO OTHER COMMENTS FROM
COMMITTEE MEMBERS, THANK YOU
AGAIN, SUPERVISORS MANDELMAN AND CHAN FOR YOUR CONSTANT SUPPORT AND HELP.
I WANT TO THANK AND ACKNOWLEDGE
THE DAY TO DAY MEN AND WOMEN WHO
DO THE WORK AT RECOLOGY. I'M NOT TALKING ABOUT THE CORPORATE MANAGEMENT THAT I HAVE
HAD A VERY UNFORTUNATE EXPERIENCE WITH OVER THE LAST COUPLE OF MONTHS.
I'M TALKING ABOUT THE PEOPLE WHO DRIVE THE TRACKS AND COLLECT OUR
REFUSE AND I WANT TO SAY THAT
THEY HAVE BEEN BURDENED BY THE CORRUPTION SCANDAL.
IT IS NOT OF THEIR MAKING AND
THEY HAVE CONTINUED TO CARRY OUT
THEIR DUTIES, THEY'RE VERY
DIFFICULT DUTIES EVERYDAY WITH PRIDE AND CARE.
I REALLY WANT TO ACKNOWLEDGE THE
EMPLOYEES, ALMOST 1,000 OF THEM
FROM THE TEAMSTERS. COLLEAGUES YOU ARE IN RECEIPT OF A LETTER FROM THE TEAMSTERS
LOCAL 350 FROM JOHN BOUCHARD,
TODAY, THIS MORNING, IN SUPPORT OF THE EFFORTS THAT WE HAVE BEEN UNDERTAKING.
I WANT TO THANK HIM FOR HIS HELP AND SUPPORT.
AT THE END OF THE DAY, WHAT THIS IS ABOUT IS THE CONSUMER.
I HATE TO USE THE WIN WIN TERM,
BUT THIS IS A WIN FOR THE CONSUMERS AND A WIN FOR SAN
FRANCISCO RESIDENTS AND IT IS ALSO A WIN FOR COMMERCIAL RATEPAYERS AS THEY HAVE
HISTORICALLY NOT BEEN REGULATED UNDER THE 1932 ORDINANCE AND
THIS ORDINANCE DOES PROVIDE THE
ABILITY FOR THE CITY TO REGULATE COMMERCIAL RATES AND RESIDENTIAL RATES. TO PUT IT SIMPLY, IT IS TRASH DAY IN SAN FRANCISCO AND IT IS
TIME FOR US TO TAKE OUT THE TRASH.
I THINK THAT IS WHAT WE ARE DOING. AS TO -- SORRY, THAT IS LOW
HANGING FRUIT.
AS TO THE AMENDMENTS, TO BOTH
FILE 22 AND 53, ON PAGE 3 OF
BOTH MEASURES, STRIKE THE WORD RESIDENTIAL IN FRONT OF REFUSE SERVICE BECAUSE THE PRINCIPLES
SET FORTH AS A COST-EFFECTIVE
SERVICE STANDARD, THEY APPLIED TO BOTH RESIDENTIAL AND
COMMERCIAL SERVICE ON PAGE 4, INSERT LANGUAGE CLARIFYING THE DEFINITION OF REFUSE.
IT INCLUDES RECYCLABLES AND COMPOSTABLE'S AND KRAUT CROP -- AND TRASH BUT DOES NOT INCLUDE
WASTE MATERIALS. AS THOSE TERMS ARE DEFINED IN CHAPTER 19 OF THE ENVIRONMENT CODE, WHICH MAY BE AMENDED FROM TIME TO TIME.
THESE WERE NOT THOUGHTS.
THIS IS A COMMONSENSE UPDATE.
ON PAGE 5 OF THOSE MEASURES,
AROUND LINE 10, INSERT THE WORD,
IN ACCORDANCE WITH THE LAW AND
THEN AT LINE 11, MOVE THE WORD DAILY AND ADD AT THE END OF THAT SENTENCE, AT A FREQUENCY IN
ACCORDANCE WITH THE LAW. THIS IS REFLECTING REALITY RELATIVE TO THE AMOUNT OF
SERVICE THAT PEOPLE NEED.
AT PAGE 6 OF THOSE MEASURES, AND I WILL NOTE FOR MY COLLEAGUES, HERE IS WHEN THE MEASURE STARTS
TO DEVIATE, JUST SLIGHTLY, BUT IN THE INTEREST OF PROVIDING ADDITIONAL CLARITY TO THE RATE
BOARD REGARDING WHAT IT MAY
CONSIDER WHEN DETERMINING AN APPLICANT'S ABILITY TO MINUTES MIGHT -- MINIMIZE DISRUPTIONS IN
SERVICE, I WANT TO SHOW A
CERTIFICATION THAT THE APPLICANT HAS APPOINTED ONE OR MORE EMPLOYEE REPRESENTATIVES TO A
BOARD THAT MAY SUFFICE TO MAKE THE SHOWING.
IN FILE 52 PAGE 6, LINES 14 THROUGH 18, THE SECTION REGARDING CONSTRAINTS ON THE DIRECTOR OF PUBLIC HEALTH
AUTHORITY TO ISSUE PERMITS THAT
ARE ALREADY BEING ADEQUATELY SERVED AND WE ARE MAKING SIMILAR
CLEANUP AMENDMENTS IN THE FILE
ENDING IN 53 AT PAGE 7, LINE TWO, INSERTING THE LANGUAGE THAT
IF THE DIRECTOR FINDS THERE IS INADEQUATE SERVICE, WHICH SPECIFIES THE DIRECTOR OF PUBLIC
HEALTH IS AN ENTITY CHARGED WITH DETERMINING WHETHER INADEQUATE SERVICES EXIST, WHICH WOULD WARRANT MODIFICATION OR REPLICATION OF THE PERMIT.
ON PAGE 8 OF BOTH MEASURES, INSERTING LANGUAGE THAT THE REFUSE RATE ADMINISTRATOR, THE
CONTROLLER, IN THE NEW SCHEME, IN THE CONTEXT PROPOSING NEW RATES, MONITORING THE FINANCIAL OPERATION AND PERFORMANCE OF REFUSE COLLECTORS, PERFORMING STUDIES AND ADD INVESTIGATIONS AND ADVISING THE RATE BOARD, MAY
TAKE INTO ACCOUNT, THIS IS THE NEW LANGUAGE, ANY APPLICABLE SERVICE STANDARDS IN THE ENVIRONMENTAL CALL IS ESTABLISHED BY LAW.
AND PAGE 9, FILE 52 AND PAGE 10
OF FILE 53, RECOMMEND AUTHORIZE WITH THE REFUSE RATE BOARD AS
AUTHORIZED TO PERFORM AUDITS
THAT ARE REGULATED WITH REVENUES
AND IN SUBSECTION SIX, AT AUDITS AND PERFORMANCE STANDARDS APPLIED TO THE REFUSE CORRECTORS JUST COLLECTORS AND REFUSE DISPOSERS. ON PAGE 12 OF THE FILE, ENDING
IN 52 AND PAGE 13 ENDING IN 53, INCREASING THE AMENDMENT THRESHOLD FOR THE BOARD OF
SUPERVISORS TO AMEND SECTION 290 OF THE HEALTH CODE FROM SEVEN
SUPERVISORS DOWN TO EIGHT SUPERVISORS. AND BOTH MEASURES WE ARE
PROVIDING THEM TO ADOPT LEGISLATION CONCERNING PERMITS
THAT SHOULD NOT BE INTERPRETED TO AFFECT OR CHANGE THE AUTHORITY THAT PUBLIC HEALTH
CURRENTLY HAS WITH ABSENCE OF LEGISLATION WITH REGARDS TO ABSENCE OR RENEWAL.
COLLEAGUES, THAT CONCLUDES THE AMENDMENTS.
IF THERE ARE NO QUESTIONS OR COMMENTS, LET'S ODOM ITEMS TWO THROUGH FIVE.
SUPERVISOR CHAN? >> THANK YOU.
I WANT TO THANK YOU FOR BRINGING
ME ALONG ON THIS JOURNEY TO
REFORM A CRITICAL SERVICE FOR
THE ENTIRE CITY, BOTH FOR THE RESIDENT AND FOR THE CITY ITSELF.
IT IS MONUMENTAL WORK.
I LEARNED A LOT THROUGH THIS PROCESS, BOTH STRATEGICALLY THINKING ABOUT HOW TO MAKE THIS REFORM AND GET ON THE BALLOT IS NO SMALL FEAT. I THANK YOU FOR THAT. MOST IMPORTANTLY IS THE CRITICAL WORK THAT YOU HAVE PUT IN TO
TRULY MAKE THIS A BETTER PROCESS PROCESS. AND CONTINUE TO MAINTAIN THE QUALITY OF SERVICE.
I THINK THE QUESTION IS REALLY ABOUT THE PEOPLE WHO HAVE BEEN PROVIDING THE CITY AND COUNTY OF
SAN FRANCISCO THIS MANAGEMENT SERVICE. WE'RE NOT DOUBTING THE QUALITY OF IT. IS MORE ABOUT THE TRANSPARENCY AND ACCOUNTABILITY OF RATESETTING AND HOW TO BE
EFFICIENT AND ALSO CATCH ERRORS IN TIME. I APPRECIATE ALL THE WORK ON THIS.
I WANT TO BE ON THE RECORD TO THANK YOU FOR YOUR LEADERSHIP
BUT ALSO THANK EVERYBODY THAT
HAS BEEN PUTTING THEIR HARD WORK, INCLUDING THE CONTROLLER'S OFFICE AND MANY OTHER STAKEHOLDERS THAT YOU PUT
TOGETHER FOR THE TASK FORCE AND
PUTTING THEIR EFFORT INTO THIS REFORM. THANK YOU. >> THANK YOU, SUPERVISOR CHAN. I SINCERELY APPRECIATE IT.
I HAVE NOT ACTUALLY ASKED THE
CONTROLLER TO MAKE THEIR STATEMENT ON THESE ITEMS. MY BAD.
MISS STEVENSON, IF YOU WOULD
LIKE TO DO SO NOW.
>> WE CAN SPEAK TO THESE.
WE HAVE ESTIMATED THAT THIS
WOULD BE A TEAM OF 2-4 PEOPLE IN
THE CONTROLLER'S OFFICE, WITH OTHER COSTS ASSOCIATED WITH PROVIDING PUBLIC HEARINGS WHERE WE ARE ESTIMATING IT IS ROUGHLY
500,002 $1 MILLION A YEAR.
>> MISS STEVENSON, IS THAT MODERATE?
IN YOUR LEXICON, WHAT IS THAT? HOW DOES THAT SCORE? >> MODERATE IS CORRECT.
>> OKAY. SO WITH THAT, SEEING NO OTHER
MEMBERS OF THE COMMITTEE, LET'S
GO TO PUBLIC COMMENT ON ITEMS TO THROUGH FIVE. >> MEMBERS OF THE PUBLIC WHO WISH TO PROVIDE PUBLIC COMMENT
ON ITEMS 2-5 SHOULD CALL 415655
4156550001.
THE MEETING ID IS 249-50524358 THEN PRESS POUND AND POUND AGAIN. IF YOU HAVEN'T DONE SO, PLEASE DIAL STAR THREE TO LINE UP TO
SPEAK. FOR THOSE ON HOLD, CONTINUE WAITING UNTIL THE SYSTEM INDICATES YOU HAVE BEEN ON MUTED
AND YOU MAY BEGIN YOUR COMMENT.
WE HAVE 16 CALLERS ON THE LINE WITH THREE IN LINE TO SPEAK.
>> FIRST SPEAKER, PLEASE.
>> SUPERVISORS, YOU DO UNDERSTAND THIS IS A VERY
COMPLICATED SITUATION.
SO THE CONTROLLER'S OFFICE HAS
BEEN IN THE COCKPIT FAST ASLEEP
ALL THESE YEARS.
AND IN TRANSPARENCY THAT YOU
WANT TO ESTABLISH, WHAT ROLE DO THE WORKERS PLAY? THE COMPANY IS OWNED BY THE
WORKERS. IS THAT INPUT THAT WOULD BE GIVEN TO YOU BY THE WORKERS, BE
AT THE TEAMSTERS OR OTHER UNIONS UNIONS.
THAT IS QUESTION NUMBER 1 WHAT
ROLE WILL WE CONSTITUENTS OR
RESIDENTS PLAY. NOBODY GAVE YOU THE PERMISSION
TO SPEAK FOR US. FOR ME, YOU ARE BEHIND. THIS NONSENSE HAS BEEN GOING ON BECAUSE YOU HAVE ALL BEEN LOOKING THE OTHER WAY.
WHAT ROLE WILL THE DEPARTMENT OF
ENVIRONMENT PLAY THE CONTROLLER'S OFFICE HAS BEEN FAST ASLEEP AT THE COCKPIT WHEN
IT COMES TO CORRUPTION. IN FACT,, IF YOU ARE A WHISTLEBLOWER AND GO TO THE CONTROLLER'S OFFICE, THEY DON'T
GIVE A DAMN THAT POSITION IS THEY ARE THERE TO SAVE THE CITY
AND THEREFORE, THEY ADHERE TO THE NORMS OF BEING A
WHISTLEBLOWER, THAT WILL PUT THEM IN SOME LIABILITY WHEN IT
COMES TO HELPING THE WHISTLEBLOWERS. >> YOUR TIME HAS ELAPSED.
NEXT SPEAKER, PLEASE. >> HELLO, SUPERVISORS.
I READ AN ARTICLE ABOUT HOW THE
BUILDING THAT RECOLOGY SOLD TO AMAZON THEY BOUGHT WITH RATEPAYER MONEY, THEREFORE THE
RATEPAYER SHOULD BE REIMBURSED, IN THAT SAME VEIN, I'M WONDERING
WHY RECOLOGY -- IT IS ALL PAID FOR BY THE RATEPAYERS AND THEY
ARE THE ONES WHO ARE RESPONSIBLE
FOR ALL THE ADVICE IN THE FIRST PLACE. I'M REALLY CONFUSED ON WHY THEY ARE ALLOWED TO KEEP DOING THESE THINGS.
THANK YOU. >> THANK YOU.
NEXT SPEAKER, PLEASE. >> GOOD MORNING AND THANK YOU
FOR YOUR TIME AND EFFORT ON THIS MATTER.
I AM FROM TEAMSTERS LOCAL 350. WE REPRESENT 900 REFUSE WORKERS
IN SAN FRANCISCO AND WE ARE IN
FULL SUPPORT OF THE PROPOSED AMENDMENT. THEY WOULD HELP PROTECT OUR
MEMBERS, THE RATEPAYERS AND THE CITY OF SAN FRANCISCO FROM FURTHER CORRUPTION. MORE OVERSIGHT IN THE RATE SETTING PROCESS IS CLEARLY
NEEDED AND THESE CHANGES PROVIDE THAT WHILE CREATING A MORE
TRANSPARENT PROCESS FOR ALL INVOLVED. THANK YOU FOR YOUR TIME AND EFFORT AGAIN AND HAVE A GOOD DAY. >> THANK YOU FOR YOUR HELP ALONG THE WAY.
NEXT SPEAKER, PLEASE.
>> CAN YOU HEAR ME OKAY?
>> PLEASE PROCEED. >> GREAT.
COULD I GET A 32ND WARNING. GOOD MORNING.
ON THESE ISSUES, I HAVEN'T SPOKEN TO ANYONE AT RECOLOGY ON THIS AND I HAVEN'T BEEN ABLE TO
REACH THEM IN MONTHS.
THE ISSUES WITH THE FORMER DPW DIRECTOR AND A RATE MISCALCULATION THAT RESULTED IN A REBATE TO CUSTOMERS HAVE BEEN CONFLATED HERE. [PLEASE STANDBY FOR CAPTIONER
SWITCH]
>> SUPERVISOR PESKIN: -- CONTINUES TO INVESTIGATE
WHETHER THERE HAVE BEEN
ADDITIONAL OVERCHARGES.
-- WHEN THEY MANAGE TO GET ALL
THE INFORMATION THEY NEED FROM RECOLOGY, WHICH HAS BEEN SLOW
TO COME, BUT RECENTLY, LAST
WEEK, THE CONTROLLER SAID SOME
ENCOURAGING WORDS WITH REGARDS
TO RECOLOGY LAST WEEK, SO
HOPEFULLY, THE CONTROLLER WILL
BE ABLE TO FINISH HIS WORK AND ISSUE HIS REPORT.
WHEN IT COMES TO FINAL WORDS ON
THE DEPARTMENT OF ENVIRONMENT.
LET ME SAY CONCLUESIVELY THAT
THEY HAVE BEEN INVOLVED WITH THE DRAFTING OF THE DOCUMENTS
THAT ARE BEFORE YOU, AND WITH
THAT, I WOULD LIKE TO MAKE A
MOTION TO FILE THE LAST TWO ITEMS AND CONTINUE TWO AND THREE TO OUR NEXT MEETING.
AND MR. YOUNG, ARE WE NOW CERTAIN THAT THAT MEETING WILL
BE ON FEBRUARY 22 AT 10:00 A.M.?
>> CLERK: I HAVEN'T CHECKED LOGISTICS.
I WOULD STILL CONTINUE TO REQUEST THAT YOU CONTINUE TO
THE CALL WITH THE CAVEAT THAT
WE WILL MOST LIKELY MEET ON
FEBRUARY 22 AT 10:00 A.M.
>> SUPERVISOR PESKIN: OKAY.
SO IT IS A TRIPARTHEID MOTION
TO AMEND THE FILES IN 5-2 AND
5-3 AS PREVIOUSLY DISCUSSED, TO
FILE ITEMS 4 AND 5, AND TO
CONTINUE THE ITEMS 2 AND 3 AS AMENDED TO THE CALL OF THE
CHAIR, NOTING THAT THEY WILL
MOST CERTAINLY BE HEARD AT THE
NEXT MEETING. ROLL CALL, PLEASE.
>> CLERK: YES. ON THAT MOTION -- [ROLL CALL]
>> CLERK: THE MOTION PASSES WITHOUT OBJECTION.
>> SUPERVISOR PESKIN: NEXT
ITEM, PLEASE.
>> CLERK: ITEM NUMBER 6 IS A
HEARING TO CONSIDER THE
PROPOSES INITIATIVE ORDINANCE
SUBMITTED TO SUPERVISORS ENTITLED HEARING TO CONSIDER THE PROPOSES INITIATIVE
ORDINANCE SUBMITTED BY FOUR OR MORE SUPERVISORS TO THE VOTERS
FOR THE JUNE 7 RNGS 2022 ELECTION, ENTITLED ORDINANCE AMENDING THE ADMINISTRATIVE CODE TO ESTABLISH THE OFFICE OF THE VICTIM AND WITNESS RIGHTS,
AND TO ESTABLISH A RIGHT TO COUNSEL FOR DOMESTIC VIOLENCE VICTIMS IN CIVIL PROCEEDINGS
RELATED TO LIMITING THE ECONOMIC, FAMILIAL, AND OTHER HARMS RESULTING FROM DOMESTIC VIOLENCE, AND A PILOT PROGRAM
TO PROVIDE CIVIL COUNSEL IN SUCH DOMESTIC VIOLENCE RELATED PROCEEDINGS THROUGH LEGAL
SERVICES AND PRO BONO ATTORNEYS.
>> CHAIR PESKIN: SUPERVISOR
CHAN, DO YOU WANT TO MAKE COMMENTS? THERE WAS A HEARING SUBMITTED
TO THE CHARTER BY FOUR OR MORE MEMBERS OF THE BOARD. THE PRIMARY SPONSOR IS
SUPERVISOR STEFANI, AND THE COSPONSORS ARE MANDELMAN, SAFAI, AND HANEY, AND IF THERE ARE NO QUESTIONS AT THIS TIME,
I WILL TURN IT OVER TO STAFF
FOR SUPERVISOR STEFANI.
SUPERVISOR CHAN, YOU LOOK LIKE YOU WANT TO SAY SOMETHING ALTHOUGH I DON'T SEE YOUR NAME ON THE SCREEN.
GO AHEAD, PLEASE.
>> SUPERVISOR CHAN: MY APOLOGIES, BUT I I DO HAVE QUESTIONS,
BUT I THINK IT WOULD BE GOOD
FOR MR. MULLEN TO GO AHEAD AND DO HIS PRESENTATION.
MY QUESTIONS ARE JUST FOR CLARIFICATION.
>> CHAIR PESKIN: OKAY.
ANDY MULLEN, THE FLOOR IS YOURS. >> THANK YOU, CHAIR PESKIN, AND
SUPERVISORS MANDELMAN AND CHAN FOR HAVING ME HERE TODAY.
I HAVE A SHORT PRESENTATION, AND THEN, I'M HAPPY TO ANSWER
ANY QUESTIONS THAT YOU HAVE. I WANT TO START THIS PRESENTATION BY TALKING ABOUT THE NEED. THE NEED IS VERY ACUTE.
APPROXIMATELY 20,000 TIMES PER QUARTER, A SAN FRANCISCO RESIDENT IS THE VICTIM OF A CRIME ACCORDING TO POLICE
DEPARTMENT DATA, AND AS HIGH AS
THAT IS, IT'S PROBABLY AN UNDERCOUNT. THE ESTIMATE BY SOCIAL SCIENCES IS THAT 40% OF CRIMES ARE REPORTED TO LAW ENFORCEMENT,
AND ONLY ABOUT 3,000 OF THE REPORTED INCIDENTS RESULT IN AN
ARREST, AND CHARGES ARE FILED
IN ABOUT 1,000 CASES.
THE VICTIMS OF CRIME IN SAN FRANCISCO ARE PRIMARY WOMEN AND
PEOPLE OF COLOR.
IN 2020, PEOPLE OF COLOR WERE
VICTIMED IN 73% OF AGGRAVATED
ASSAULTS, 73% OF BATTERY CASES,
83% OF ROBBERIES, 63% OF BURGLARIES, 88% OF HOMICIDES,
AND 66% OF SEXUAL ASSAULTS.
IN PARTICULAR, THE NEED OF DOMESTIC VIOLENCE VICTIMS WAS PARTICULARLY ACUTE DURING THE COVID-19 PANDEMIC. DURING THAT PERIOD, WE SAW
CALLS TO CRISIS LINES INCREASE BY ALMOST 40%.
CALLS TO THE COOPERATIVE
RESTRAINING ORDER CLINIC WHICH
PROVIDES SOME PRO BONO WORK FOR
PEOPLE, INCREASED BY 66%, AND THE TURN AWAY PERCENT FOR PEOPLE SEEKING EMERGENCY
SHELTER WAS 79%.
THERE WAS ALSO A 79% DECREASE
IN CASES SOLVED BY INJURE TRIAL
FOR PEOPLE SEEKING OR CHARGED WITH DOMESTIC ABUSE.
SERVICES FOR VICTIMS ARE SPREAD OUT ACROSS VARIOUS CITY AGENCIES AND OFTEN REQUIRE
SIGNIFICANT LEGWORK ON THE PART
OF VICTIMS IN ORDER TO ACCESS.
THERE ARE VICTIM SERVICES
PROGRAMMING CURRENTLY LOCATED IN THE DISTRICT ATTORNEY'S
OFFICE AND THE OFFICE OF ECONOMIC AND WORKFORCE
DEVELOPMENT, AND THE BULK OF
THESE SERVICES SORT OF SIT AT THE BACK END OF LENGTHY LAW ENFORCEMENT PROCESSES, MEANING
THAT YOU TYPICALLY NEED -- NOT
ALWAYS, BUT TYPICALLY NEED AN
INCIDENT, A POLICE REPORT, AN
ARREST, PARTICULARLY AN
INCIDENT BEFORE YOU CAN ACCESS ANY OF THESE SERVICES.
SO THE SITUATION BEFORE YOU TODAY AIMS TO ADDRESS SOME OF THOSE ISSUES. IT DOES TWO THINGS.
IT CREATES THE OFFICE OF VICTIM
AND WITNESS SERVICE RIGHTS. I'LL BEGIN BY BRIEFLY EXPLAINING THE OFFICE OF VICTIM
AND WITNESS SERVICES.
IT WILL CREATE A VICTIM-FIRST MODEL FOR SERVICES IN SAN FRANCISCO BECAUSE WE DON'T REALLY KNOW WHAT ALL OF THESE
VICTIMS OF CRIME NEED YET.
WHAT THIS INITIATIVE WILL DO IS IT WILL CREATE AN OFFICE OUTSIDE OF LAW ENFORCEMENT TO
MEET VICTIMS AND WITNESSES
WHERE THEY ARE, AT THE FRONT END OF VICTIMIZATION.
THE MANDATES IN THIS INITIATIVE THAT THIS OFFICE WILL HAVE TO
MEET AT THE OUTSET SHOULD IT
PASS, IS THAT THEY WILL BE MANDATED TO PROVIDE COMPREHENSIVE SERVICES TO
VICTIM AND WITNESSES, INCLUDING CULTURALLY COMPETENT AND LINGUISTICALLY APPROPRIATE
SERVICES, INCLUDING TRANSLATION
SERVICES, INCLUDING ENSURING
TRANSLATION SERVICES ARE
READILY AVAILABLE.
AND THERE ARE TWO WAYS TO MEET THAT MANDATE. ONE, STREAMLINE AND STRENGTHEN THE EXISTING OFFERING OF
SERVICES, AND THEY NEED TO DEVELOP NEW SERVICES.
AND SO ON THE FIRST PRONG, CONSOLIDATE AND STREAMLINE EXISTING SERVICES. ONE YEAR AFTER THE APPOINTMENT
AND PASSAGE OF A DIRECTOR, THE
DIRECTOR SHALL SUBMIT TO THE
BOARD OF SUPERVISORS ALL THE SERVICES OFFERED TO WITNESSES
AND PROPOSING A PLAN FOR HOW TO CONSOLIDATE AND STREAMLINE
THEM, AND THAT PROPOSAL WILL
HELP FORM THE OFFICE AND HELP THE BOARD OF SUPERVISORS
DETERMINE WHAT FUNDING WOULD BE APPROPRIATE FOR THIS SERVICE.
THE OTHER PURPOSE IS TO MANDATE NEW SERVICES.
THEY WILL SURVEY ALL VICTIM AND WITNESSES AND GET QUALITY AND
FEEDBACK ON ALL THE SERVICES
PROVIDED AND IT WILL BE USED TO
GENERATE A WORK PLAN.
THE REASON THIS INITIATIVE CAME
INTO EFFECT WAS BECAUSE WE
HEARD A WOMAN WAS A WITNESS TO
A PRETTY VIOLENT GUN SHOOTING.
BECAUSE SHE WASN'T A VICTIM,
SHE WAS TREATED AS A WITNESS TO
A CRIME EVEN THOUGH SHE FELT
THAT SHE WAS A VICTIM. THE OTHER PRONG AND MANDATE
FROM THIS OFFICE WILL BE TO
HOUSE AND HELP VICTIMS OF
DOMESTIC VIOLENCE.
DOMESTIC VIOLENCE REMAINS A PROBLEM IN SAN FRANCISCO.
VICTIMS ARE PRIMARILY WOMEN AND PEOPLE OF COLOR.
DESPITE BEING ONLY 5% OF SAN
FRANCISCO'S POPULATION, AFRICAN
AMERICANS ARE 29% OF THE VICTIMS OF DOMESTIC VIOLENCE IN
THE CITY, AND, OF COURSE, THE
VAST MAJORITY OF THOSE CASES WERE WOMEN.
THIS OFFICE WILL HOUSE AND HOLD
A RIGHT TO CIVIL COUNSEL FOR
VICTIMS OF DOMESTIC VIOLENCE [INDISCERNIBLE] CUT, CHILD
SUPPORT, MARCY'S LAW, ALIMONY, APPLYING FOR SOCIAL SERVICE BENEFITS, HEALTH CARE, EMPLOYMENT, AND HOUSING.
WE ESTIMATE IN THE EARLY YEARS
THERE WILL BE ABOUT 500 TO 800 CLIENTS, AND SERVICES WILL COST
THE CITY FOR THE CIVIL COUNSEL
PIECE ALONE, BETWEEN $1 MILLION TO $3 MILLION, SUBJECT TO
FUNDING BY THE MAYOR AND BOARD OF SUPERVISORS.
STUDIES BY THE ROBIN HOOD
FOUNDATION INDICATES THAT THAT
PROVIDES $2 MILLION TO $3
MILLION BACK TO THE CITY, AND
THIS MEASURE WAS CRAFTS IN COLLABORATION WITH A DIVERSE GLOUP
GROUP OF PROVIDERS, INCLUDING
THE JUSTICE AND DIVERSITY
CENTER, JEWISH FAMILY SERVICES, A.P.I. LEGAL OUTREACH, THE BRADY CAMPAIGN, THE SAN FRANCISCO COALITION AGAINST
HUMAN TRAFFICKING, THE AMERICAN INDIAN CULTURAL DISTRICT, AND THE NATIONAL COALITION FOR RIGHTS CIVIL COUNSEL, AND THAT
IS THE END OF MY PREPARED REMARKS, SUPERVISORS, AND I'M
HAPPY TO TAKE ANY AND ALL
QUESTIONS YOU MAY HAVE.
>> CHAIR PESKIN: THANK YOU, MR. MULLEN. WHY DON'T WE GO TO SUPERVISOR
CHAN, AND THEN, I'VE GOT SOME QUESTIONS.
SUPERVISOR CHAN?
>> SUPERVISOR CHAN: THANK YOU, CHAIR PESKIN.
MR. MULLEN, I THINK MY QUESTION IS JUST A POINT OF
CLARIFICATION AND TRYING TO UNDERSTAND -- LIKE, JUST HELP ME -- YOU KNOW, THE DETAILS
ABOUT THE OFFICE, YOU KNOW, ESTABLISHING THIS OFFICE AND THE LOGISTICS AROUND IT. AND THEN, IF YOU DON'T HAVE ANSWERS, I TOTALLY UNDERSTAND
BECAUSE IT LOOKS LIKE IT WOULD TAKE AN ORDINANCE TO CONSOLIDATE SOME OF THE SERVICES.
BUT MY -- MY FIRST QUESTION IS CURRENTLY, I AGREE MANY
DIFFERENT SERVICES EXIST.
HOW WOULD THIS AFFECT THE SERVICES THAT CURRENTLY EXIST? >> WE DIDN'T WANT TO TURN OUT THE LIGHTS IN ANY OFFICE BEFORE WE HAD TURNED ON THE LIGHTS ON
A NEW, HOPEFULLY BETTER, HOME
FOR MANY OF THESE FUNCTIONS.
SO THIS INITIATIVE ORDINANCE REQUIRES THE CREATION OF A DIRECTOR, AND IT REQUIRES THE
DIRECTOR TO COME UP WITH A
SERVICE CONSOLIDATION AND
STREAMLINING PLAN A YEAR AFTER ENACTMENT.
AND SHOULD THAT BE ANY IMPACT
TO SHARP, IT WOULD BE ON THAT PLAN, AND IT WOULD BE VOTED ON BY THE BOARD OF SUPERVISORS.
THE REAL GOAL IS TO MAKE SURE
SHARP'S SERVICES, SHOULD SHARP
MOVE INTO THESE OFFICES, WE'LL
HAVE PLENTY OF CHANCE TO
DISCUSS THAT AND ANY OTHER SERVICES MOVING INTO THIS OFFICE. BUT IT WAS VERY IMPORTANT NOT
TO CLOSE DOWN SHARP BEFORE SOMETHING ELSE COULD BE REOPENED, SO THAT WAS WHAT GOVERNED THIS APPROACH.
>> SUPERVISOR CHAN: ALL RIGHT.
AND THEN, MY FOLLOW UP, I APPRECIATE -- SOME OF THE
LANGUAGE TALKED ABOUT IT'S NOT JUST TRANSLATION SERVICES OR,
LIKE, LET'S ALSO MAKE SURE THERE'S HEARING IMPAIRED AND OTHER CHALLENGES THAT FACE VICTIMS WITH DISABILITIED THAT WE COULD ADDRESS.
AND HELP ME UNDERSTAND, TOO. I THINK YOU KIND OF TALKED A LITTLE BIT ABOUT THIS, AND I AGREE, BECAUSE WHEN IT COMES TO
VICTIMS, OFTEN TIME, AS THE SYSTEM CURRENTLY EXISTS, YOU
WOULD HAVE TO FILE A REPORT.
YOU HAVE TO BE ALREADY IN THE LAW ENFORCEMENT SYSTEM TO ALREADY QUOTE AND QUOTE BE
IDENTIFIED AS A VICTIM, BUT OFTENTIMES, WITNESSES TO A
CRIME OR SOME OTHER
CIRCUMSTANCE, ACTUALLY, THOSE FOLKS ALSO NEED HELP.
MAYBE NOT IN THE EYE OF THE
LAW, BUT COULD ACTUALLY BE DEEMED AS VICTIMS. HOW DO THE VICTIMS GET IN TOUCH
WITH THIS OFFICE OR HOW DOES THE OFFICE PROVIDE VICTIMS WHO
ARE NOT IN THE LAW ENFORCEMENT SYSTEM SERVICES?
>> THE GOAL -- THANK YOU, SUPERVISOR CHAN. THAT'S AN EXCELLENT QUESTION, AND THAT GETS TO THE HEART OF
WHAT WE'RE TRYING TO DO HERE.
IT TALKS VICTIMS SERVICES,
WHICH IS BASICALLY AT THE BACK
OF THE SERVICES, A ONE-STOP
SHOP AND MAKE IT AVAILABLE AT THE BEGINNING.
IF YOU CALL THEM AND SAY, I'VE
BEEN VICTIMIZED, YOU COULD USE
THEM IF YOU SO CHOSE, AND THEY
COULD HELP ABATE SOME OF THE THINGS THAT YOU'VE EXPERIENCED BASED ON TRAUMA OR THEY COULD HELP YOU. SO THE IDEA THAT YOU NOW HAVE A PLACE THAT YOU CAN CALL WITHOUT A CASE AND TELL THEM WHAT HAPPENED, AND THEY CAN GIVE YOU
SORT OF A BUFFET OF OPTIONS,
BUT THAT'S SOMETHING, AGAIN,
THAT HAS TO BE BUILT OUT. I DON'T WANT TO OVERPROMISE AND
SAY JUNE 2, THIS THING FLIES
UP, AND EVERY VICTIM OF VIOLENCE WILL BE HELPED.
IF THEY HEAR FROM VICTIMS ABOUT
WHAT THEY NEED, THEN, THEY CAN
FILL IT OUT WITH WHAT VICTIMS NEED ACUTELY.
>> SUPERVISOR CHAN: AND I THINK THE TRANSLATION AND VICTIM SERVICES, I KNOW THAT WE'RE
TRYING AS A CITY TO PROVIDE LANGUAGE SERVICES AND MOST DEFINITELY VICTIM SERVICES, BUT
IN MY HUMBLE OPINION, I THINK
THAT MY OPINION, LANGUAGE
ACCESS AND CULTURAL COMPETENCY IS SIGNIFICANTLY LACKED.
WHEN IT COMES TO VICTIMS
EXPERIENCING ANY TYPE OF TRAUMA, ESPECIALLY DOMESTIC TRAUMA AND WHAT ARE ACTUALLY HAPPENING IN THEIR -- AND WHAT IS ACTUALLY HAPPENING IN THEIR HOMES, CULTURAL COMPETENCY IS A HUGE COMPONENT TO SUCCESSFULLY
BE ABLE TO HELP VICTIMS.
SO JUST WANT TO SAY THAT AS MY THOUGHTS, AND IN THE EVENT THAT
IT DOES GET OUT AND PASS BY THE
VOTERS, I LOOK FORWARD TO SEEING THE ORDINANCE AND
LEARNING MORE ABOUT IT.
>> THANK YOU, SUPERVISOR CHAN, AND I AGREE COMPLETELY.
>> CHAIR PESKIN: I NEGLECTED,
COLLEAGUES, TO HAVE THE
CONTROLLER'S OFFICE READ THE CONTROLLER'S STATEMENT. MISS STEVENSON, IF YOU WOULD
LIKE TO DO SO, PLEASE PROCEED. >> GOOD MORNING, SUPERVISORS. PEG SEECHB TEVENS FROM THE CONTROLLER'S PERFORMANCE GROUP. YOU HAVE A LETTER IN YOUR PACKET PROBABLY JUST REFLECTING BASIC START-UP COSTS FOR THE
BASIC START-UP ACTIVITIES THAT ARE OUTLINED IN THE ORDINANCE. SO THIS WOULD BE A DIRECTOR FOR
THE OFFICE AND SOME STAFFING AND OPERATIONAL SUPPORT TO
CARRY OUT THE SERVICE AND
NEEDS, AND OUR ESTIMATE FOR
THOSE COSTS ARE RIGHT AROUND $1
MILLION, WHICH WOULD BE A DIRECTOR AND STAFFING SUPPORT FOR THOSE ACTIVITIES.
AND THEN, AS MR. MILAN ALLUDED, THE REST OF THE COSTS WOULD
COME IN THE FORM OF ORDINANCES, PROPOSALS THAT COME THROUGH
YOUR NORMAL BUDGETARY AND
FISCAL PROCESSES. HAPPY TO ANSWER ANY QUESTIONS, BUT IT'S FAIRLY STRAIGHTFORWARD THAT WAY.
>> CHAIR PESKIN: YES, MISS STEVENS.
IT IS IN OUR PACKET, BUT JUST
WANTED YOU TO SAY IT SO THE PUBLIC COULD HEAR IT.
SO I GUESS THESE ARE MORE
COMMENTS THAN QUESTIONS, AND I
WANT TO THANK SUPERVISOR STEFANI AND THE OTHER
INDIVIDUALS WHO SIGNED ONTO
THIS AND SAY THAT I THINK THIS
COULD BE PASSED BY THIS BOARD
PROBABLY UNANIMOUSLY WELL BEFORE JUNE.
I THINK IF YOU INTRODUCE THIS AT TOMORROW'S BOARD MEETING, IT
COULD PROBABLY BE LAW BY THE END OF MARCH, AND OBVIOUSLY,
THE CHARTER ALLOWS THIS TO GO
DIRECTLY TO THE BALLOT, BUT
INSOFAR AS THE FIRST PHASE OF
THIS IS AN EXPLORATORY PHASE,
AS WE'VE DONE WITH MANY OTHER OFFICES, RACIAL EQUITY, CANNABIS, YOU NAME IT, THEY
WERE CREATED BY THE BOARD; AND
FURTHER, INSOFAR AS BECAUSE
THIS IS A CHART AMENDMENT, THE ORDINARY -- CHARTER AMENDMENT,
BEING APPROVED BY THE VOTERS
ONLY GUARANTEES FUNDING FOR ONE YEAR.
IT JUST SEEMS LIKE THIS IS GOOD STUFF, AND WE COULD ACTUALLY HAVE IT BE LAW SEVERAL MONTHS
BEFORE THE JUNE ELECTION.
SUPERVISOR MAR, ONE OF THE
THINGS THAT I ASKED HIM ABOUT
HIS ORDINANCE, WHY CAN'T WE JUST PUT THIS BEFORE THE BOARD,
AND HE ACTUALLY HAD A COGENT
RESPONSE WAS THAT NO, HE HAD
BEEN ADVISED BY THE CITY ATTORNEY THAT PREVIOUS BALLOT
MEASURE OCCUPIED THIS FIELD. IT COULD ONLY BE DONE AT THE
BALLOT, AND AT THAT POINT, I
UNDERSTOOD WHY IT WAS BEFORE US.
SO IT JUST SEEMS LIKE WE COULD DO THIS UNDER THE DOME, AND THE
NEXT COUPLE OF ITEMS WITH
REGARD TO SURVEILLANCE, I HOPE,
IF EVERYTHING WORKS OUT, AND
COOLER HEADS PREVAIL, WE WILL DO IT UNDER THE DOME.
BUT THOSE BALLOT ITEMS HAVEN'T
BEEN CALLED, SO I WON'T SPEAK TO THOSE FOR ANOTHER MOMENT OR TWO. BUT THOSE ARE MY THOUGHTS,
WHICH DOESN'T NEED TO BE ON THE BALLOT.
>> DID YOU WANT A RESPONSE, SUPERVISOR PESKIN?
OR I DON'T NEED TO -- I'M NOT TRYING TO.
>> CHAIR PESKIN: YEAH.
>> THE PATH -- YOU ARE NOT
WRONG ON THIS ISSUE AND MANY OTHERS.
THE PATH THAT WAS CHOSEN WAS
JUST A PARALLEL PATH TO THE
RIGHT TO COUNSEL.
WHEN ENSHRINING A RIGHT, WE
HAVE TO GO TO THE VOTERS TO ASK
THEM IF THAT IS A WORTHY RIGHT TO ENSHRINE.
>> CHAIR PESKIN: TENANT RIGHT TO COUNSEL WAS NOT ACTUALLY PUT
ON BY THE ELECTEDS, THAT WAS
PUT ON BY THE VOTERS, SO THAT
WAS AN EXCEPTION TO ADMITTEDLY MY OWN SELF-IMPOSED RULE, WHICH IS IF YOU WANT TO GO OUT AND GET 9,000 BALLOT SIGNATURES, YOU CAN DO WHATEVER YOU WANT, BUT THE FOLKS WHO WERE ELECTED TO PASS LAWS DID NOT ACTUALLY PUT THAT ON THE BALLOT, SO
THERE'S A -- THERE'S A DIFFERENCE THERE.
>> THERE IS, BUT I THINK THAT
WAS PROBABLY A CHOICE THAT SEEMS LIKE THE BOARD WOULD HAVE
BEEN READY AND INTERESTED IN
PASSING THAT. >> SUPERVISOR PESKIN:
>> CHAIR PESKIN: I WOULD TELL YOU THAT I KNOW, BUT I DON'T
KNOW BECAUSE THAT WAS IN MY
GLORIOUS SEVEN-YEAR HIATUS, SO
I DON'T KNOW WHY THAT WAS PUT TO THE VOTERS AND NOT TO THE ELECTEDS. ALL RIGHT. SUPERVISOR MANDELMAN, ANYTHING
YOU WANT TO ADD AS A COSPONSOR? OKAY.
YOU'VE GOT A LOT OF WORDS THIS MORNING. SUPERVISOR CHAN?
>> SUPERVISOR CHAN: YEAH, I JUST WANT TO SAY THAT I AM THANKFUL TO SUPERVISOR STEFANI'S LEADERSHIP ON THIS, AND ESPECIALLY MANY OTHERS THAT
CONCERN VICTIMS OF CRIME, THAT
I DID, TOO -- THAT I DO, TOO,
AGREE WITH CHAIR PESKIN. MANY OF THE THINGS THAT I'M WORKING ON, I THOUGHT BETTER OF
IT, AND HOW CAN I BETTER DO THE
LEGISLATIVE PROCESS TO LOOK AT
IT HERE. ESPECIALLY WHEN IT COMMENTS TO
CHARTER AMENDMENTS, I TAKE IT
SERIOUSLY, AND I AGREE WITH CHAIR PESKIN.
LAST WEEK, WHEN WE HAD QUESTIONS ABOUT SUPERVISOR
MAR'S LEGISLATION, JUST
DOUBLE-CHECK AND TRIPLE CHECK WITH THE CITY ATTORNEY AFTER
THE MEETING, JUST TO MAKE SURE THAT THERE ARE NO PATHS WITH
THE EXISTING LEGISLATIVE PROCESS, THAT IT JUST GOES
THROUGH AS A LEGISLATION WE CAN PASS, KNOWING THAT WE WILL LIKELY HAVE TO VOTE.
IN FACT, I THINK THIS IS A VERY WORTHWHILE ENDEAVOR THAT WE CAN TAKE ON RIGHT NOW BEFORE JUNE. [PLEASE STAND BY]
>> MY APOLOGIES. IS THIS ITEM EIGHT? WHAT ITEM IS THIS.
>> ITEM SIX. >> ITEM SIX. THANK YOU. I WILL WAIT FOR A LATER ITEM.
THANK YOU. >> ARE THERE ANY ADDITIONAL
SPEAKERS FOR THIS ITEM NUMBER 6?
>> THAT WAS OUR ONLY COLOR FOR THIS ITEM. >> OKAY, IF THERE ARE NO FINAL COMMENTS, I WILL MAKE A MOTION
TO FILE THIS HEARING.
ON THAT MOTION, MR. YOUNG, A RULE CALL, PLEASE. >> THE MOTION TO FILE...
[ROLL CALL]
THE MOTION PASSES WITHOUT OBJECTION. >> THANK YOU, SUPERVISORS. HAPPY VALENTINE'S DAY.
>> LIKEWISE. CAN YOU READ ITEMS SEVEN AND
EIGHT TOGETHER, PLEASE?
>> YES, ITEM SEVEN IS A HEARING TO CONSIDER THE POST INITIATIVE ORDINANCE SUBMITTED BY THE MAYOR
TO THE VOTERS FOR THE JUNE 7TH, 2022 ELECTION ENTITLED ORDINANCE AMENDING THE ADMINISTRATIVE CODE TO AUTHORIZE THE POLICE DEPARTMENT TO ACQUIRE AND USE SURVEILLANCE TECHNOLOGY WITH RESPECT TO CERTAIN CRIMINAL
EVENTS AS DEFINED AND CRIMINAL ACTIVITY THAT IS CONCENTRATED IN
CERTAIN GEOGRAPHICALLY DISTINCT
AREAS.
ITEM NUMBER 8 IS THE HEARING TO
CONSIDER THE PROPOSED ORDINANCE PERFORMED BY SUPERVISORS TO THE
VOTERS FOR THE JUNE 7TH, 2022 ELECTION, ENTITLED ORDINANCE AMENDING THE ADMINISTERED OF CODE TO ADOPT WITH MINOR CHANGES AS A VOTER APPROVED MEASURE THE
ORDINANCE WHICH CURRENTLY REQUIRES THE CITY DEPARTMENTS
ACQUIRING SURVEILLANCE TECHNOLOGY OR ENTERING INTO AGREEMENTS TO RECEIVE INFORMATION FROM NONCITY-OWNED
SURVEILLANCE TECHNOLOGY AND SUBMIT A BOARD OF SUPERVISORS
APPROVED SURVEILLANCE TECHNOLOGY POLICY ORDINANCE BASED ON POLICY OR POLICIES DEVELOPED BY THE COMMITTEE ON INFORMATION
TECHNOLOGY. >> THANK YOU, MR. YOUNG.
WHY DON'T WE START WITH THE CONTROLLER'S STATEMENT FOR ITEMS
SEVEN AND EIGHT, WHICH I BELIEVE
HAVE NO FINANCIAL IMPACT, BUT
MISS STEVENSON? >> THAT IS CORRECT. JUST AFFIRMING YOUR STATEMENT.
NO SIGNIFICANT COSTS TO THE GOVERNMENT. >> THANK YOU, MISS STEVENSON.
I WILL GIVE MR. POWER, FROM THE MAYOR'S OFFICE, AS WELL AS CHIEF CHIEF SCOTT WHO IS HERE, AN
OPPORTUNITY TO PRESENT, BUT BEFORE I DO THAT, I WANT TO SET THE STAGE AND REMIND EVERYBODY
HOW WE GOT TO WHERE WE ARE, AND THAT REALLY BEGINS WITH A LAW
THAT I AUTHORED A NUMBER OF YEARS AGO IN 2019. THANK YOU, SUPERVISOR MANDELMAN,
FOR YOUR VOTE IN SUPPORT OF THAT. THE LAW WAS CRAFTED IN COLLABORATION WITH THE COALITION OF ADVOCATES WHO I WANT TO
ACKNOWLEDGE, RANGING FROM THE AMERICAN CIVIL LIBERTIES UNION, THE ELECTRONIC FRONTIER
FOUNDATION, SECURE JUSTICE, OPEN PRIVACY, COUNCIL OF ARAB AND
ISLAMIC RELATIONS, MEDIA JUSTICE
JUSTICE, AND THE FIRST AMENDMENT
COALITION, AS WELL AS DOZENS OF OTHER CIVIL LIBERTIES, PRIVACY AND FREE-SPEECH ORGANIZATIONS. A TOTAL OF 36 ORGANIZATIONS
SUBMITTED A LETTER LAST THURSDAY
REITERATING THEIR SUPPORT OF THE 2019 SURVEILLANCE OVERSIGHT ORDINANCE. AND BY WAY OF BACKGROUND, IT
OPERATED AND NEW FRAMEWORK FOR PUBLIC OVERSIGHT OF GOVERNMENT USE OF SURVEILLANCE TECHNOLOGY. AND BY THE WAY, IT WAS NOT A SAN
FRANCISCO FIRST. I THINK WE WERE THE SEVENTH
MUNICIPALITY TO PASS THIS KIND
OF LEGISLATION.
OURS WAS UNIQUE AND SO FAR AS IT DID, AND WAS THE FIRST TO BAN FACIAL RECOGNITION TECHNOLOGY IN
SURVEILLANCE -- IN THE USE OF SURVEILLANCE TECHNOLOGY. THAT WAS IN THE MIDST OF THE
TRUMP PRESIDENCY. WE REALLY PUT FORWARD A PLAN TO
PROVIDE DIGITAL SAFETY AND SANCTUARY IN SAN FRANCISCO, AND JUST BECAUSE THE POLITICAL
CLIMATE HAS IMPROVED UNDER THE CURRENT ADMINISTRATION, THAT
DOESN'T MEAN THAT THE REST OF THE CIVIL LIBERTIES HAVE MAGICALLY DISAPPEARED OVERNIGHT OR THEY WILL NOT REEMERGE IN
WAYS THAT EVERYONE SHOULD FIND QUITE DISTURBING.
IN THE PAST FEW YEARS SINCE WE
HAVE PASSED THAT POLICY, DOZENS OF OTHER JURISDICTIONS ACROSS THE COUNTRY HAVE ADOPTED SIMILAR
POLICIES IN THE AGE OF
TECHNOLOGY, AND HERE LOCALLY, DOZENS OF OUR DEPARTMENTS HAVE SUBMITTED SURVEILLANCE
TECHNOLOGY POLICIES, WHICH YOU ARE AWARE BECAUSE WE HAVE
REVIEWED AND APPROVED EVERY SINGLE ONE WHICH PERTAIN TO FAMILY TECHNOLOGY RANGING FROM THE USE OF SECURITY CAMERAS, TO
AUTOMATIC LICENSE PLATE READERS,
TO RADIOFREQUENCY IDENTIFICATION IDENTIFICATION, THERE ARE DOZENS OF TECHNOLOGIES OUTSTANDING. AND MANY DEPARTMENTS THAT STILL HAVE YET TO COME INTO COMPLIANCE
WITH THE 2019 LAW. I BELIEVE THE ORDINANCE HAS
ALREADY BEEN A FLEDGLING SUCCESS
FOR THE FIRST TIME IN OUR CITY'S HISTORY. MEMBERS OF THE PUBLIC CAN GO
ONLINE AND SEE A LIST OF EVERY
TECHNOLOGY OWN OR USED BY THE GOVERNMENT HERE IN SAN FRANCISCO. THEY CAN VIEW POLICIES FOR HOW
THAT TECHNOLOGY IS USED, HOW
LONG IT IS SHARED, HOW LONG IT
IS STORED, AND THEY CAN HOLD THE GOVERNMENT ACCOUNTABLE FOR
DEVIATION FROM THOSE POLICIES.
TO ME THIS REPRESENTS A SIGNIFICANT AND IMPORTANT CULTURAL AND POLICY SHIFT FROM
WHERE WE WERE A DECADE AGO WHEN REVELATIONS OF MASS SECRET
SURVEILLANCE BY THE NSA MADE
HEADLINES AROUND THE WORLD. AND YET, THREE YEARS AFTER WE COLLECTIVELY CELEBRATED THE
PASSAGE OF THE SURVEILLANCE
OVERSIGHT POLICY LAW, WE FIND OURSELVES CONTENDING WITH A
PROPOSAL THAT COULD DO ASPECTS OF THAT LAW. I HAVE BEEN QUITE CONSISTENT IN MY THINKING ABOUT THE PALLET,
WHICH I JUST EXPRESSED IN THE LAST ITEM, WHICH IS THAT WE
SHOULD USE IT AS A PORT OF LAST
RESORT WHEN WE --
[INDISCERNIBLE] -- OR NEED TO AMEND THE CHARTER
OR PASS A BOND.
AS I HAVE EXPRESSED TO THE CHIEF AND THE POLICE DEPARTMENT AND THE MAYOR'S OFFICE, I WOULD LIKE
TO SEE US TRY TO EXHAUST A LEGISLATIVE REMEDY THAT IS AVAILABLE TO US BEFORE
PROCEEDING TO THE PALLET. THAT REMAINS MY POSITION THIS MORNING AND WE HAVE HAD -- PROCEEDING TO THE BALLOT.
WE HAVE HAD PRODUCTIVE CONVERSATIONS TO THE MAYOR'S
OFFICE. I HAVE REMAINED COMMITTED TO WORKING COLLABORATIVELY AND HOPE
WE CAN MUTUALLY AGREE ON A PATH FORWARD. IN RESPONSE TO THE MAYOR'S
MEASURE, ALONG WITH SUPERVISORS
PRESTON, CHAND, RONEN, AND WALTON, WE PUT FORWARD ANOTHER BALLOT MEASURE, WHICH IS ITEM
EIGHT, WHERE WE ARE HEARING WITH ITEM SEVEN, WHICH WOULD
REINFORCE EXISTING AND SUBJECTION TO A HIGHER THRESHOLD FOR AMENDMENT BY THE BOARD OF SUPERVISORS.
FOR A LAW LIKE THIS ONE WHICH EFFECTIVELY REGULATES THE REGULATORS, GIVES MEMBERS OF THE PUBLIC ADDITIONAL CONFIDENCE
THAT IT WILL NOT BE SUBJECT TO MANIPULATION WHEN OPPORTUNITY PRESENTS ITSELF.
BEFORE I TURN IT OVER TO MR. POWER AND CHIEF SCOTT, I
WANT TO NOTE THAT THE P.D., THIS
PAST WEEK, DRAFTED A POLICY GOVERNING THE USE OF THIRD-PARTY SECURITY CAMERAS. AND WHILE IT NEEDS SOME WORK,
AND SHOULD BE PUBLICLY VETTED, AS WE HAVE DONE WITH OTHER POLICIES, IT IS A GESTURE OF
GOOD FAITH AND I WOULD MUCH RATHER SPEND MY TIME IN MY
OFFICE'S TIME WORKING TO FINE TUNE THAT POLICY AND MOVE IT THROUGH THE ESTABLISHED PROCESS.
I WILL CONCLUDE MY REMARKS ON A CAUTIOUSLY OPTIMISTIC NOTE. WE HAVE SOME WORK AHEAD OF US.
THAT WORK CAN BE SPENT IN A TOUGH PUBLIC BATTLE OVER THE
NEXT THREE MONTHS OR IT CAN BE
SPENT WORKING TOGETHER TO BRING DEPARTMENTS, INCLUDING THE SAN FRANCISCO POLICE DEPARTMENT,
INTO COMPLIANCE WITH THE SURVEILLANCE OVERSIGHT LAW. I HAPPEN TO THINK THAT OUR EFFORTS ARE BETTER SPENT IN THE
LATTER CATEGORY, BUT THAT, OF COURSE,, WILL REQUIRE PULLING BOTH MEASURES FROM THE BALLOT ON
OR BEFORE MARCH 1ST, WHICH IS THE LAST DAY TO PULL IT. MARCH 4TH IS THE LAST DAY TO PULL IT. WE WILL SEE WHAT TRANSPIRES OVER
THE NEXT COUPLE OF WEEKS, BUT HOPEFULLY COOLER HEADS WILL PREVAIL AND THE PEOPLE OF THE
CITY AND COUNTY WILL SEE IS ALL WORKING TOGETHER.
WITH THAT, I WILL TURN IT OVER TO MR. POWER AND CHIEF SCOTT FOR THEIR REMARKS.
INC. YOU. >> -- THANK YOU. >> THANK YOU. I WILL SPEAK FOR ONE MINUTE BECAUSE I KNOW THE CHIEF HAS ANOTHER COMMITMENT AT NOON THAT
HE HAS TO RUN TO AND I WANT TO
GET HIM TO SPEAK ON THIS AS WELL. VERY BRIEFLY, I ECHO YOUR SENTIMENTS, SUPERVISOR. IT IS OUR GOAL AND DESIRE TO MOVE THIS FORWARD LEGISLATIVELY. THERE IS AN ORDINANCE CURRENTLY PENDING. WE HAVE BEEN WORKING WITH YOUR OFFICE COLLABORATIVELY AND I APPRECIATE THAT COLLABORATION.
I'M OPTIMISTIC THAT WE WILL -- COOLER HEADS WILL PREVAIL AND WE WILL MOVE FORWARD A POLICY THAT WE CAN ALL SUPPORT. WITH THAT, I WOULD LIKE TO TURN
IT OVER TO THE CHIEF TO GET SOME CONTEXT AS TO WHAT SPECIFICALLY
IS NEEDED.
I AM SPEAKING TO ITEM NUMBER 7.
THAT THIS MEASURE IS INTENDED TO SUPPORT. CHIEF? >> THANK YOU.
>> GOOD MORNING, CHAIR PESKIN. GOOD MORNING, SUPERVISOR CHAN, SUPERVISOR MANDELMAN AND
MR. POWER. FIRST OF ALL, SUPERVISOR PESKIN, I WANT TO THANK YOU FOR
LISTENING AND WORKING WITH US ON THIS VERY IMPORTANT ISSUE. I ALSO WANT TO THANK MR. POWER
FROM THE MAYOR'S OFFICE AND THE
MAYOR FOR ALSO LISTENING AND AGREEING TO WORK TOGETHER COOPERATIVELY.
BASICALLY, I WILL GIVE YOU THE
VERY SHORT VERSION OF THE ISSUE FOR THE POLICE DEPARTMENT.
WE UNDERSTAND AND RESPECT THEY DON'T INTEND TO BREACH THAT. WE THANK YOU FOR YOUR WORK TO
GET US TO THIS POINT IN TERMS OF IDENTIFYING ALL THE SURVEILLANCE TECHNOLOGY POLICIES. THE POLICE DEPARTMENT FEELS WE CAN BETTER USE TECHNOLOGY TO ADDRESS SOME OF THE CHALLENGES
AS A RELATES TO ACRYLIC -- CRIMINAL ACTIVITY IN OUR CITY AND COUNTY.
AND SPECIFICALLY THERE ARE
THINGS THAT WE BELIEVE WE CAN BE
MORE EFFICIENT AT IN TERMS OF
LIFE ACCESS TO CAMERA FEEDS WHEN CRIMES OR OCCURRING OR WHERE THERE IS INFORMATION, CREDIBLE INFORMATION THAT GIVES EVERY INDICATION THAT CRIMES ARE ABOUT TO OCCUR. WE ARE TALKING ABOUT SERIOUS
CRIMES AND WE'RE TALKING ABOUT THINGS LIKE WHAT HAPPENED IN UNION SQUARE ON NOVEMBER 19TH.
THAT IS THE SPIRIT THAT WE ARE WORKING WITHIN. WE DO BELIEVE THAT THERE IS ROOM
TO IMPROVE OUR EXISTING POLICIES AND LOOK FORWARD TO WORKING WITH YOU AND THE MAYOR'S OFFICE TO GIVE OUR INPUT ON WHAT THOSE
THINGS MIGHT LOOK LIKE. AND THE LAW IS SAYING TOO THAT
AS WE WORK TOGETHER ON THIS, WE ARE ALL ABOUT EQUITY IN THE CITY.
WE BELIEVE THAT A THOUGHTFUL DISCUSSION ABOUT THE POLICY
ISSUES, THEY WILL GIVE US A BETTER OPPORTUNITY TO ADDRESS ISSUES CITY WIDE. NOT JUST WE SAW ON NOVEMBER 19TH, BUT AREAS IN THE CITY
THAT HAVE BEEN CONTINUOUSLY, AND TRADITIONALLY HARD-HIT BY
VIOLENT CRIME, DRUG DEALING, DRUG OVERDOSES AS A RESULT OF THOSE DEALINGS. I TRULY BELIEVE FROM A POLICING
STANDPOINT, SMART, THOUGHTFUL AND BOUNDLESS USE OF TECHNOLOGY CAN HELP US GET TO A BETTER PLACE IN ADDRESSING THOSE ISSUES. THAT IS THE SPIRIT FROM WHICH WE ARE WORKING ON. I WANT TO THANK YOU FOR YOUR WILLINGNESS TO WORK WITH US AND WE LOOK FORWARD TO COMING UP WITH A POLICY THAT MAKES SENSE FOR OUR CITY.
>> THANK YOU, CHIEF. I HAVE ANY NUMBER OF QUESTIONS,
BUT IT SOUNDS LIKE WE ARE ON THE RIGHT PATH. YOU ARE UNDER A TIME CRUNCH,
WHICH IS NOT YOUR FAULT OR OUR FAULT, IT IS THE FACT THAT WE
WERE DELAYED IN OUR AND 20 MINUTES AND STARTING -- IN STARTING OUR MEETING THIS MORNING.
I WILL RESERVE THOSE QUESTIONS AND GOD WILLING AND FINGERS CROSSED, WE WILL WORK ON THAT
BEFORE THE END OF THE MONTH, UNLESS THERE ARE ANY QUESTIONS
FOR YOU FROM COMMITTEE MEMBERS,
GO TO YOUR MEETING, CHIEF. OKAY, SUPERVISOR CHAN? >> THANK YOU. >> CHAIR PESKIN, I JUST WANT TO THANK YOU.
I AM PLEASED TO HEAR THAT WE WILL CONTINUE ON WHAT WE HAVE BEEN TALKING ABOUT IN TERMS OF
THE WAY WE ARE TREATING THESE BALLOT MEASURES AND
INITIATIVES.
WE CAN FIND WAYS TO WORK THIS OUT THROUGH LEGISLATION. I THINK THAT IT IS ALL THE
BETTER FOR THE POLICYMAKERS AND
FOR OUR VOTERS THAT WE ARE NOT -- WE ARE DOING OUR JOB AND
MAKING THE DECISION THAT WE ARE ELECTED TO MAKE AND DO. THINK YOU.
>> THANK YOU. WHY DON'T WE OPEN ITEM SEVEN AND EIGHT TO PUBLIC COMMENT. ARE THERE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO COMMENT
ON THESE ITEMS? >> YES, MEMBERS OF THE PUBLIC WHO WISH TO PROVIDE PUBLIC
COMMENT ON THESE ITEMS SHOULD
415: 655-0001.
THE MEETING ID IS 24940524358 AND PRESS POUND AND POUND AGAIN. IF YOU HAVEN'T DONE SO, DIAL
STAR THREE TO LINE UP TO SPEAK. IF YOU ARE ON HOLD, PLEASE CONTINUE TO WAIT UNTIL THE SYSTEM INDICATES YOU HAVE BEEN
ON MUTED AND YOU MAY BEGIN YOUR COMMENTS.
WE CURRENTLY HAVE 15 CALLERS IN LINE TO SPEAK.
>> FIRST SPEAKER, PLEASE.
>> GOOD MORNING, SUPERVISORS. ON BEHALF OF THE ORGANIZATION AND LOCKSTEP WITH OUR PARTNERS AT THE ACLU AND OTHER CIVIL
RIGHTS AND SOCIAL JUSTICE ORGANIZATIONS, WE OPPOSE ANY EFFORTS TO GOT THE SAN FRANCISCO SURVEILLANCE LAW WHICH PROTECTS THE COMMUNITY FROM ABUSES BY SFPD AND WE KNOW THAT THESE CONCERNS ARE ALSO SHARED BY MEMBERS OF THE BOARD.
AT A TIME WHEN THE EXECUTIVE BRANCH HAS USED HARMFUL RHETORIC TO CRIMINALIZE BROAD SWATHS OF OUR MOST VULNERABLE NEIGHBORS AND IN A TIME WHEN THE POLICE
SELECTED TO DRAW FROM THE M.O.U. WITH THE DISTRICT ATTORNEY'S OFFICE, WHICH HELPS HOLD THE
DEPARTMENT ACCOUNTABLE, AND IN A
TIME WHEN THE FINDINGS FOR THE
MOST RECENT RIPPLE REPORT ONCE AGAIN FOUND BLACK SAN FRANCISCANS ARE OVERREPRESENTED PER CAPITA IN ALL INTERACTIONS WITH SFPD. THE MAYOR IS PROPOSING TO ROLL BACK CIVIL RIGHTS AND CAN
ENCOURAGE CONTINUING POLICE ABUSE. THE DEPARTMENT WAS UNABLE TO ANSWER THE MOST BASIC QUESTIONS
IN A CULTURE THAT IS UNWILLING TO CHANGE.
SO MANY OF OUR COMMUNITIES HAVE
BEEN HARMED BY OVER POLICING AND
UNDER NO CIRCUMSTANCES SHOULD SFPD HAVE VIRTUALLY UNCHECKED THIS. SAN FRANCISCANS HAVE THE RIGHT TO KNOW ABOUT AND REGULATE THE
SURVEILLANCE TECHNOLOGY THAT THEY HAVE ACCESS TO AND HOW IT IS UTILIZED.
THANK YOU. >> THANK YOU.
NEXT CALLER, PLEASE. >> GOOD MORNING.
I AM SPEAKING TODAY AS A 32 YEAR RESIDENT OF DISTRICT EIGHT. ESPECIAL GOOD MORNING TO SUPERVISOR MANDELMAN.
I'M HERE TO EXPRESS MY STRONG
OPPOSITION TO THE MAYOR'S MEASURE TO WEAKEN SAN FRANCISCO TEACHER SURVEILLANCE ORDINANCE. DURING THE GEORGE FLOYD PROTEST, I WENT TO EVERY MARCH AND RALLY
I COULD FIND, DID YOU? WE WERE THERE TO DEMAND JUSTICE
AND ACCOUNTABILITY. INSTEAD, THE SAN FRANCISCO POLICE DEPARTMENT UNJUSTLY,
UNACCOUNTABLY AND ILLEGALLY SUBJECTED US TO SURVEILLANCE. THE DEPARTMENT'S ACTIONS SPEAK
LOUDER THAN THEIR WORDS HERE TODAY. NOW THE MAYOR WANTS TO REWARD AND INSTITUTIONALIZE THIS
UNACCEPTABLE BEHAVIOUR.
I AGREE WITH CHAIR PESKIN. THE MAYOR SHOULD IMMEDIATELY WITHDRAW HER MEASURE, BUT FAILING THAT, ALL BOARD MEMBERS WHO HAVE NOT ALREADY DONE SO,
AND YES, I'M LOOKING AT YOU, SUPERVISOR MANDELMAN, SHOULD ADD THEIR NAMES TO THE
COUNTERMEASURE AND SIGN THE BALLOT ARGUMENT AGAINST THE MAYOR'S MEASURE AND IN SUPPORT OF THE COUNTERMEASURE.
THANK YOU. >> THANK YOU. NEXT SPEAKER.
>> HELLO. MY NAME IS TIM KINGSTON. I AM A MEMBER OF THE SAN
FRANCISCO PUBLIC DEFENDER FOR RACIAL JUSTICE COMMITTEE. I HELPED PASS THIS LEGISLATION. I KNOW WHAT IS IN IT. THE PROBLEMS WITH THE MAYOR
FREED AND CHIEFS GOT WITH THE SURVEILLANCE ORDINANCE FOR NOT ACCURATE. THE LEGISLATION ALREADY ALLOWS
FOR LOW ENFORCEMENT ACCESS IN
THE EVENT OF CIRCUMSTANCES.
I REPEAT, THIS IS ALREADY IN THE LEGISLATION. THE MAYOR IS DRIVING A BULLDOZER THROUGH THE BACK WALL OF THE LEGISLATION TO KNOCK IT DOWN
WHEN THE FRONT DOOR IS WELCOMING. OR PROPOSAL IS UNNECESSARY AND MUST BE WITHDRAWN. WHY IS SHE LOBBYING A GRENADE
WHEN SHE HAS A KEY TO THE HOUSE? THE MAYOR IS SUCCUMBING TO A MORAL PANIC ABOUT CRIME, LIKE
MOST MORAL PANICS, IT TARGETS A SOLUTION. IT WAS PUT IN PLACE TO PREVENT
SUCH A MISTAKE.
SURVEILLANCE TECH MAKES MISTAKES. WE KNOW THAT SURVEILLANCE TECH FREQUENTLY MISIDENTIFIED AS
PEOPLE OF COLOR. WE KNOW THAT SURVEILLANCE TECHNOLOGY IS INVARIABLY
CONCENTRATED ON AND TARGETED ON THE POOR AND COMMUNITIES OF COLOR. WE KNOW THIS IS WHY THE COUNTRY HAS MORE PEOPLE IN JAIL THAN ANY
OTHER INDUSTRIAL NATION. THE ORDINANCE AS IT STANDS PROTECTS OUR CONSTITUTIONAL
RIGHTS, OUR PRIVACY AND CIVIL RIGHTS. THE MAYOR SAID DURING THE GEORGE FLOYD BLACK LIVES MATTER PROTEST THAT SHE WANTS TO REFORM THE
POLICE AND PROTECT BLACK LIVES AND CIVIL RIGHTS. WHITE SHE GOING BACK ON HER WORD. THE WIND HAS SHIFTED.
SHE SHOULD NOT. WITHDRAW THIS LEGISLATION AND PLEASE STOP BROWBEATING THE SUPERVISORS TO PARTICIPATE IN THIS.
THANK YOU.
>> THANK YOU, SPEAKER. >> GOOD MORNING, SUPERVISORS.
I AM WITH THE FOUNDATION AND I AM A RESIDENT OF THE DISTRICT
EIGHT. ALONG WITH A DIVERSE COALITION
OF ORGANIZATIONS ACROSS THE CITY AND REGION, WE HAVE SUPPORTED THE LANDMARK SURVEILLANCE TECHNOLOGY ORDINANCE WHEN IT PASSED IN 2019 BECAUSE OF ITS KEY GOALS OF TRANSPARENCY,
DEMOCRATIC CONTROL AND PUBLIC INPUT.
THAT IS WHY WE OPPOSE THE MAYOR'S INITIATIVE WHICH WOULD
GET THE ORDINANCE AND ALLOW POLICE TO EVADE OVERSIGHT.
THE SFPD HAS A LONG HISTORY OF SURVEILLING MARGINALIZED COMMUNITIES, INCLUDING THE LGBT COMMUNITY, LABOR ACTIVISTS, AND COMMUNITIES OF COLOR.
WE SHOULD NOT GIVE THEM A BLANK CHECK TO DETERMINE WHEN AND WHERE TO DEPLOY SURVEILLANCE TECHNOLOGY. THERE MUST BE GUARD RAILS TO HOLD THE POLICE ACCOUNTABLE AND ALLOW THE COMMUNITY TO BE HEARD. THAT IS WHY WE SUPPORT THE
BALLOT INITIATIVE WHICH SEEKS TO MAINTAIN OVERSIGHT OF SURVEILLANCE.
ULTIMATELY, WE URGE THE MAYOR TO PULL HER MEASURE FROM THE BALLOT.
THE POLICE MUST FOLLOW THE LAW, NOT TRIED TO EVADE IT. THANK YOU. >> THANK YOU.
NEXT SPEAKER.
>> GOOD MORNING. I HAVE LIVED IN THE CASTRO
DISTRICT FOR 22 YEARS AND I WORKED DOWNTOWN IN THE DESIGN DISTRICT.
I STRONGLY OPPOSE GIVING THEM UNCHECKED SURVEILLANCE POWERS WITHOUT ANY PUBLIC OVERSIGHT TO
HOLD THEM ACCOUNTABLE. OUR CITY WILL BE FOREVER CHANGED
IF THE SFPD HAS THE UNLIMITED AUTHORITY TO SECRETLY MONITOR US
FOR ANY REASON THEY CHOOSE, INCLUDING OUR CONSTITUTIONAL RIGHT TO PROTEST.
I BELIEVE THAT IT IS INVASIVE
AND IT WILL BE USED TO UNFAIRLY TARGET ACTIVISTS AND MARGINALIZED COMMUNITIES, SO I URGE THE MAYOR TO WITHDRAW THIS MEASURE FROM THE BALLOT. THANK YOU VERY MUCH. >> THANK YOU.
NEXT SPEAKER.
>> HELLO, I AM THE SENIOR GOVERNMENT RELATIONS COURT NATURE FOR THE COUNCIL ON THE MAYOR OF ISLAMIC RELATIONS.
AS PART OF A DIVERSE COALITION OF COMMUNITY MEMBERS AND ORGANIZERS AND ORGANIZATIONS WHO ADVOCATED FOR THE SURVEILLANCE
ORDINANCE ORIGINALLY. WE URGE MAYOR BREED TO PULL THE
PROPOSAL THAT WOULD GET THE CITY'S SURVEILLANCE.
SAN FRANCISCO MUST NOT GIVE THE SAN FRANCISCO P.D. VIRTUALLY UNCHECKED SURVEILLANCE POWERS.
IN HER PROPOSAL THAT FEEDS ON
THE FEARS OF CRIMES AND IT IS AN EXCUSE TO PUSH FOR DANGEROUS LEGISLATION.
THE FACT THAT IT CAN VIRTUALLY GIVE UNCHECKED AUTHORITY TO AND REALTIME SURVEILLANCE FOOTAGE,
IN ANY OTHER SURVEILLANCE TECHNOLOGY WITHOUT OVERSIGHT IS REALLY CONCERNING. AND THIS ALSO INCLUDES
TECHNOLOGY LIKE DRONES OR MICROPHONES THAT RECORD OUR VOICES FROM AFAR.
THE SFPD HAS THE TOOLS IN ORDER TO ACCESS THE INFORMATION.
THEY JUST NEED TO GO THROUGH THE
PROPER PROCESS OF DOING SO. THIS PROPOSAL IS A WAY TO GO
AROUND THAT AND IT CAUSES
SIGNIFICANT DAMAGE TO OUR COMMUNITY.
WHAT IT WILL DO IS, YOU KNOW,
THE TECHNOLOGY HAS NEVER BEEN MORE INVASIVE AND WE KNOW THAT
WITHOUT THIS OVERSIGHT THEN THIS
COULD BE USED FOR ACTIVISTS OF
PEOPLE IN COLOR AND PEOPLE IN POVERTY. WE URGE THE COMMISSION, THE
COMMITTEE TO REJECT THIS. WE WANT THEM TO FULLY SUPPORT
THE ORDINANCE IN ITS FULL AUTHORITY AND TO REJECT THE MAYOR'S PROPOSAL.
THANK YOU, SO MUCH. >> MY APOLOGIES.
THANK YOU, NEXT SPEAKER. >> GOOD MORNING.
I AM A STAFF ATTORNEY WITH SAN FRANCISCO. TOGETHER WITH 35 COMMUNITY GROUPS, WE SUBMITTED A LETTER TO THE BOARD OPPOSING THE MAYOR'S
BALLOT MEASURE.
WE ALSO SUPPORT THE EXISTING LAW AND WE COMMEND SUPERVISORS' EFFORTS TO DEFEND IT.
WE ALREADY KNOW IN SAN FRANCISCO WHAT HAPPENS WHEN THE SFPD DEPLOYED SURVEILLANCE WITHOUT
SAFEGUARDS. FOR DECADES SFPD TARGETS ACTIVISTS AND DEMONSTRATORS.
THEY KEPT INTELLIGENCE FILES ON LAW-ABIDING RESIDENTS AND ENGAGED IN DISCRIMINATORY SURVEILLANCE.
AS A SUPERVISOR PESKIN SAID, THE
COMMUNITY CAME TOGETHER AND A NEAR UNANIMOUS BOARD PAST THE
SURVEILLANCE OVERSIGHT LAW IN 2019.
FOR NEARLY THREE YEARS, SFPD HAS DEFIED THAT LAW. EVEN TODAY, THEY ARE OUT OF COMPLIANCE ON A NUMBER OF THINGS. THE MAYOR'S MEASURE WOULD REWARD THE SFPD FOR REFUSING TO SUBMIT
TO THIS OVERSIGHT.
IT WOULD TURN BACK THE CLOCK THE POLICE CANNOT BE TRUSTED WITH THIS UNCHECKED POWER. SURVEILLANCE TECHNOLOGY HAS NEVER BEEN MORE INVASIVE AND THERE NEEDS TO BE GUARDRAILS.
WE ALL WANT SAN FRANCISCO TO BE SAFE, WHICH INCLUDES BEING SAFE FROM POLICE ABUSE.
MAYOR BREED SEIZES UPON FEAR TO
MASSIVELY EXPAND SURVEILLANCE
THAT WILL HARM THE VERY PEOPLE MOST AFFECTED BY SERIOUS CRIMES. MAKE NO MISTAKE, AS THIS GROWS, CIVIL LIGHTS -- CIVIL RIGHTS AND CIVIL LIBERTIES SHRINK, AND IT
IS BLACK AND BROWN PEOPLE AND
PEOPLE IN POVERTY WHO BEAR THE BRUNT OF THE VIOLENCE. THE MAYOR SHOULD PULL THE
MEASURE AND COME INTO FULL COMPLIANCE WITH THE CITY'S EXISTING SURVEILLANCE LAW.
THANK YOU. >> THANK YOU.
NEXT SPEAKER, PLEASE.
>> HELLO. >> PLEASE PROCEED WITH YOUR
COMMENT. >> CAN YOU HEAR ME?
>> YES, WE CAN. >> THANK YOU.
I OPPOSED THIS AND ANY ATTEMPT
TO MAKE THIS AN OVERSIGHT LAW. SURVEILLANCE TECHNOLOGY IS INVASIVE AND DISPROPORTIONATELY NEGATIVELY IMPACTS PEOPLE OF COLOR AND LOW INCOME COMMUNITIES.
WE NEED TO HOLD HIGH STANDARDS OF PUBLIC TRANSPARENCY AND OVERSIGHT FOR ALL POLICE SURVEILLANCE IN SAN FRANCISCO.
THANK YOU. >> THANK YOU. CAN WE GET THE NEXT SPEAKER,
PLEASE. >> GOOD MORNING, MY NAME IS ASHLEY MORRIS.
I WORK IN THE FINANCIAL DISTRICT FOR THE LAST 15 YEARS AND COMMUTED ON BARTH. I SUPPORT THE 2019 ORDINANCE AND I OPPOSED THE MAYOR'S ATTEMPT TO GOT IT. I URGE HER TO WITHDRAW THE MEASURE FROM THE BALLOT.
THANK YOU. >> THANK YOU. CAN WE HAVE THE NEXT SPEAKER,
PLEASE? >> HELLO, EXCUSE ME.
MY NAME IS CHRISTINA. I HAVE LIVED IN DISTRICT NINE
FOR 25 YEARS AND I AM ADAMANTLY
OPPOSED TO ALLOWING THE SFPD TO
GET A BLANK CHECK ON SURVEILLANCE. THAT MAKES US ALL LESS SAFE, NOT MORE.
THEY HAVE ALREADY GOT A RECORD
OF DISCRIMINATORY TREATMENT FOR
PEOPLE OF COLOR, TOWARDS ACTIVISTS.
THEY HAVE BROKEN THE LAW BUT
ILLEGALLY SPYING ON BLACK LIVES MATTER ACTIVISTS, AND GIVING THEM UNFETTERED ACCESS TO TECHNOLOGY WITHOUT ANY OVERSIGHT
IS JUST GOING TO MAKE US ALL LESS SAFE AND DESTROY OUR CIVIL LIBERTIES. PLEASE REMOVE THIS FROM THE
BALLOT AND I SUPPORT THE OTHER
SUPERVISORS WHO ARE TRYING TO KEEP THE EXISTING LAW IN PLACE. THANK YOU. >> THANK YOU.
NEXT SPEAKER. >> CAN YOU HEAR ME?
>> YES. >> HI, MY NAME IS AJAY.
I AM A RESIDENT.
I AM IN D6 RIGHT NOW AND.
[INDISCERNIBLE] -- MY STATEMENT IS TO OPPOSE THE
MEASURES AND TO GET THE ORDINANCE. JUST FOR A FEW REASONS. QUICKLY TO HELP ENFORCE THE
ORDINANCE WHICH HAS TAKEN A LOT OF WORK TO GET INTO PLAY --
[INDISCERNIBLE]
-- DEALING WITH EXTERNAL FORCES, AND TO PROTECT INDIVIDUAL
LIBERTIES FREE OF CHARGE. THANK YOU VERY MUCH. HAPPY VALENTINE'S DAY. >> THANK YOU.
NEXT SPEAKER, PLEASE. >> YES, GOOD AFTERNOON, THIS IS
TRACY FROM OAKLAND PRIVACY. I AM CALLING TO ASK THE
SUPERVISORS TO PLEASE AFFIRM AND
SUPPORT THE CURRENT EXISTING SURVEILLANCE LAW. IN 2018, SAN FRANCISCO VOTERS
PASSED PROP B., OVERWHELMINGLY
SAYING YES TO TRANSPARENCY AND ACCOUNTABILITY IN THE INTEREST OF PROTECTING PRIVACY.
OVERSIGHT IS NOT AN IMPEDIMENT TO PUBLIC SAFETY OR TO ANYTHING ELSE. THIS IS A STRONG ARGUMENT THAT
SHOULD NOT FALL.
WE ASK FOR THE MAYOR TO REMOVE
HER OR TO WITHDRAW HER EFFORTS.
WE ASK FOR SAN FRANCISCO P.D. TO
COME INTO FULL COMPLIANCE WITH THE ORDINANCE AND WE ASK FOR ALL
THE SUPERVISORS TO ENDORSE THE COUNTERMEASURE IF IT PROVES
NECESSARY TO MOVE FORWARD WITH IT.
THANK YOU. >> THANK YOU.
NEXT SPEAKER.
>> GOOD AFTERNOON, SUPERVISORS. I AM A CONSTITUENT OF DISTRICT
10 AND I'M CALLING TODAY TO OBJECT TO THE CURRENT LEVEL OF
SURVEILLANCE. WE KNOW THAT IN ACCESSING THE NATIONAL NETWORK OF SURVEILLANCE, THEY HAVE ACCESS
TO A VARIETY OF F.B.I. AND D.O.J. SOURCES THAT ARE QUESTIONABLY ILLEGAL, IN ADDITION TO THE REGULAR UTILIZATION OF SURVEILLANCE
TECHNOLOGY THAT IS AGAINST THIS. WE HAVE SEEN AND DEMONSTRATED
THEIR UNWILLINGNESS TO COMPLY WITH ELECTED AUTHORITY, WHETHER IT BE THEIR UNWILLINGNESS TO
COMPLY WITH OVERSIGHT OR OVERSIGHT BY THE SUPERVISORS, OR
OVERSIGHT BY ANYONE. THEY ARE VIOLENT, THEY ARE
DESTRUCTIVE TO SOCIETY.
TODAY I AM CALLING SUPERVISORS TO ASK YOU TO PLEASE CONTINUE
YOUR EFFORTS TO LIMIT THEIR ABILITY TO SURVEY EVERYBODY AND
CONTINUE TO INCREASE EFFORTS TO BRING INTO OVERSIGHT.
IT IS DEFINITELY CALLED FOR. IT HAS SPILLED OVER INTO OUR
SECURITY OF DEMOCRACY. WE CAN SEE THAT THEY HAVE
ALREADY DEMONSTRATED THEIR USAGE
OF SURVEILLANCE AND AT ONE TIME THEY WERE WILLING TO BREAK THE
LAW.
WE CAN SEE THAT THEY INTEND TO
DO IT AND OPPRESS OUR ABILITY TO SPEAK AND TO POLITICALLY OPPRESS THOSE THEY DISAGREE WITH.
WITH THAT EVIDENCE ALREADY HERE,
I THANK YOU FOR THE MEASURE AND THE MAYOR'S ACTIONS HERE ARE
DEPLORABLE. I HOPE WE WILL SAVE VOTERS ON THE BALLOT. THANK YOU FOR YOUR EFFORTS TO
NEGOTIATE A WAY OUT OF THIS AND TO BRING THE LAWLESS SFPD.
>> YOUR TIME HAS EXPIRED.
CAN WE GET THE NEXT CALLER, PLEASE?
>> GOOD MORNING, I AM FROM D2 AND URGING THAT THE MAYOR
WITHDRAW THIS ABSOLUTE TRAVESTY
OF A BALLOT MEASURE. URGING THE SUPERVISORS TO
SUPPORT THE CURRENT IN-PLACE
TECHNOLOGY SURVEILLANCE LAW.
THERE ARE WAYS FOR THE P.D. TWO,
WITH COMPLIANCE, USE SURVEILLANCE, WHICH IS
RIDICULOUS, BUT THEY VIOLATED IT AND THEY WERE SUPPOSED TO REPORT IN NOVEMBER WHAT THEY HAD DONE, AND HERE WE ARE IN THE MIDDLE OF
FEBRUARY AND WE DON'T HAVE A REPORT. THERE'S NO TRANSPARENCY, THERE'S NO ACCOUNTABILITY. NO, WE CANNOT SUPPORT A
SURVEILLANCE PROPOSAL THAT TAKES UP ALL THE -- TAKES OFF ALL THE
GUARDRAILS. HAPPY VALENTINE'S DAY. LET'S SHOW OUR CITY AND THE
PEOPLE OF OUR CITY SOME REAL LOVE AND SUPPORT WHAT IS CURRENTLY IN PLACE.
THANK YOU. >> THANK YOU.
NEXT CALLER, PLEASE. >> CHAIR PESKIN, HONOURABLE
SUPERVISORS, MY NAME IS BRIAN. HERE ON BEHALF OF UNSECURED --
OF SECURE JUSTICE. WE ASK THAT THE MAYOR WITHDRAW HER BALLOT PROPOSAL. WE APPRECIATE THE COMMENTS MADE EARLIER BY CHAIR PESKIN AND CHIEF SCOTT ABOUT WORKING
TOGETHER ON A YOUTH POLICY WITHOUT HAVING TO INTRODUCE
COMPETING BALLOT MEASURES. THIS BOARD HAS PROVEN IT IS REASONABLE BY UNANIMOUSLY APPROVING ALMOST 19 SEPARATE CAMERA POLICIES, SUBMITTED BY OTHER DEPARTMENTS.
IN ADDITION, SFPD HAS PROVEN IT IS CAPABLE OF NAVIGATING THE EXISTING FRAMEWORK AND HAVING
SUBMITTED POLICIES. WE PROVIDE FREE TRAINING TO MUNICIPAL STAFF AS THEY ATTEMPT TO NAVIGATE THESE MECHANISMS IN
THE BEGINNING AND WE DID WORK
WITH POLICE ON THIS TO APPROVE POLICY. PROVIDING THE SOUND PLACE TO DISCUSS POTENTIAL RED FLAGS AND
HOW TO MITIGATE THEM.
WE ARE HAPPY TO CONTINUE WORKING WITH THE TEAM AS THEY SUBMIT FUTURE PROPOSALS. NONE OF WHAT THE POLICE HAVE
SAID RISES TO THE LEVEL OF A
CHARTER AMENDMENT. THEY ARE SEEKING APPROVAL OF SPECIFIC USES FOR PARTICULAR
TECHNOLOGIES. THAT IS BEST SUITED FOR A USE
POLICY DISCUSSION AND WE ARE HAPPY TO HEAR THE ADMINISTRATION ACKNOWLEDGE THAT THIS MORNING.
WE AGREE IT IS TIME FOR THE RHETORIC TO CALM DOWN.
NO ONE CONDONES A VIOLENT CRIME OR WHAT IS HAPPENING IN THE TENDERLOIN. THE POLICE CAN SUBMIT THE
REQUEST OF THE EXISTING FRAMEWORK AND WE WILL WORK
TOGETHER TO ENSURE IT IS CREATED.
THANK YOU FOR LISTENING. >> THANK YOU. THANK YOU FOR ALL YOUR WORK ON
THIS ITEM.
NEXT SPEAKER. >> GOOD AFTERNOON.
I HAVE BEEN A RESIDENT OF DISTRICT SIX FOR THE PAST FIVE YEARS.
I'M NOT AN EXPERT ON LEGISLATIVE VERBIAGE, BUT IT SEEMS UNNECESSARILY BROAD.
I DON'T UNDERSTAND WHY MASS
FIREARMS AND BURGLARY ARE IN THE SAME CATEGORY. FURTHERMORE, PUBLIC SAFETY CRISIS INCLUDES AREAS WHERE THERE HAS BEEN A DOCUMENTED
INCREASE IN VIOLENT CRIMES OVER A 14 DAY PERIOD OR LONGER. SPIKE IN CRIME OVER A SHORT
PERIOD OF TIME IS LIKELY TO BE
AN ANOMALY, GIVING SFPD TO USE LIMITED OR MISLEADING DATA TO TARGET AREAS THEY SEE FIT. CHIEF SCOTT ALSO MADE A COMMENT
THAT CERTAIN THINGS CAN BE MORE EFFICIENT IN THE PROCESS, BUT SOMETIMES PROCESSES CAN'T BE
MORE EFFICIENT OR STREAMLINED.
TO ME IT SOUNDS LIKE WE ARE
USING A BIZARRE AND UNCOMMON BURGLARY EVENT TO JUSTIFY SPENDING SURVEILLANCE. I STRONGLY OPPOSE THIS NEW ORDINANCE. THANK YOU.
>> NEXT SPEAKER.
>> GOOD AFTERNOON. I AM A COMMUNITY ADVOCATE WITH
THE ASIAN-AMERICAN LAW CAUCUS.
WE ARE ONE OF 36 LETTERS THAT WERE SUBMITTED ON FEBRUARY 10TH TO THE BOARD OF
SUPERVISORS. SHARING SERIOUS CONCERNS WITH
THE MAYOR'S MEASURES TO UNDO IT. THE ASIAN LAW CAUCUS HAS LONG WORKED WITH CIVIL RIGHTS AND
CIVIL LIBERTIES OF THE BAY AREA RESIDENTS, INCLUDING IMMIGRANTS
AND PEOPLE OF COLOR ON HOUSE POPULATIONS AND -- UNHOUSED POPULATIONS AND RELIGIOUS
MINORITIES.
THE BOARD HAS RECOGNIZED BEFORE
THAT SFPD HAS AND CONTINUE TO DISPROPORTIONATELY AND UNDULY TARGET THESE COMMUNITIES THROUGH THE USE OF SURVEILLANCE TECHNOLOGIES, MAKING THE ORDINANCE CRITICAL TO PROTECT
THEIR PRIVACY.
SURVEILLANCE IMPACTS ALL OF OUR LIVES.
THIS IS WHY THE ORDINANCE MUST BE PROTECTED.
COMMUNITIES MUST BE GIVEN THE OPPORTUNITY TO ENGAGE IN OVERSIGHT AND TRANSPARENCY TO POLICING AND SURVEILLANCE ACTIVITIES THAT IMPACT THEM AND THE MAYOR AND THE SFPD SHOULD NOT BE ALLOWED TO SIDESTEP THE
CITY. OUR COMMUNITIES IN SAN FRANCISCO AND ACROSS THE BAY AREA HAVE
LONG ASKED FOR LESS, NOT MORE SURVEILLANCE REFLECTED IN THE CAMPAIGNS ARE ORGANIZATIONS THAT
HAVE SEVERED THE CITY'S RELATIONSHIP TO THE JOINT TERRORISM TASK FORCE AND OTHER FEDERAL AGENCIES THAT HAVE TARGETED AND HARASSED OUR
COMMUNITIES WITHOUT SUSPICION.
WHAT WE HAVE LONG ASKED FOR IS
MORE INVESTMENT IN HOUSING, HEALTHCARE, AND EDUCATION PROGRAMS THAT HELP OUR DIVERSE
COMMUNITIES TO THRIVE. WE ASK YOU TO DO ALL IN YOUR
POWER. REITERATE THE SFPD MUST COMPLY
WITH THE LAW AND THAT ANY AND
ALL EXCEPTIONS BE SUBJECT TO THE DEMOCRATIC PROCESSES PROVIDED UNDER THE ORDINANCE. THANK YOU FOR YOUR TIME AND
CONSIDERATION. >> THANK YOU.
NEXT SPEAKER.
>> GOOD AFTERNOON.
I AM A RESIDENT OF DISTRICT FIVE IN SAN FRANCISCO.
I STRONGLY OPPOSE ANY ATTEMPT TO SCALE BACK THE CITY'S SURVEILLANCE TECHNOLOGY ORDINANCE. IS CONCERNING THAT MAYOR PREET HAS SEIZED UPON FEAR ABOUT CRIME AS AN EXCUSE TO PUSH FOR
DANGEROUS LEGISLATION.
IT GIVES THE SFPD UNCHECKED AUTHORITY TO USE REALTIME SURVEILLANCE FOOTAGE IN ANY TECHNOLOGY WITHOUT PUBLIC OVERSIGHT.
IN 2020, THE POLICE EVEN BROKE
THE LAW TO ILLEGALLY SPY ON
BLACK LIVES MATTER ACTIVISTS AND
THIS NEW PROPOSAL BY THE MAYOR REWARDS THE POLICE FOR LAWLESS BEHAVIOUR. SAN FRANCISCANS HAVE THE RIGHT TO KNOW WHAT SURVEILLANCE TECHNOLOGY THE POLICE HAVE AND HOW THEY ARE USING IT, AND THE
STRENGTHS TO PUT IN PLACE TO PROTECT THEIR RIGHTS. WE MUST UPHOLD THE CURRENT LAW. I SUPPORT THE COUNTERPROPOSAL.
THIS IS AUTHORED BY THE SUPERVISORS, AND MY OWN SUPERVISOR TO MAINTAIN OVERSIGHT OF POLICE SURVEILLANCE.
THERE MUST BE GUARDRAILS TO HOLD THE POLICE ACCOUNTABLE AND ENSURE TRANSPARENCY.
THANK YOU.
>> THANK YOU, NEXT SPEAKER.
>> HI, I AM THE NORTHERN CALIFORNIA ORGANIZER WITH CALIFORNIA IMMIGRANT POLICY CENTRE. I AM CALLING BECAUSE I, ALONG WITH OTHER ORGANIZATIONS
SUBMITTED A LETTER TO OPPOSE THIS NEW LAW THAT GIVES VIRTUALLY UNCHECKED POWER TO
SFPD TO USE THESE NEW TECHNOLOGIES. I STRONGLY ENCOURAGE THE
SUPERVISORS TO OPPOSE THIS LAW
AND KEEP THE PREVIOUS LAW.
THERE IS REALLY NO REASON TO
GIVE UNCHECKED POWER AND
SURVEILLANCE DATA. THE USE OF FEAR AND FEAR
MONGERING FOR CRIMES. THIS IS AN ARGUMENT THAT HAS
BEEN USED FOR A DECADE TO CRACK DOWN ON COMMUNITIES OF COLOR,
AND FOR COMMUNITIES AND ACTIVISTS.
WE ALREADY HAVE PROVEN RECORDS
OF SFPD ABUSING POWER.
I STRONGLY URGE THE SUPERVISORS TO OPPOSE THIS NEW LAW.
THANK YOU. >> THANK YOU.
NEXT SPEAKER.
>> GREETINGS.
I AM CALLING -- I DON'T NEED TO
ECHO ALL OF WHAT HAS BEEN SAID. EVERYONE HAS BEEN VERY ARTICULATE IN WHAT HAS BEEN SAID. ONE OF THE THINGS THAT I DO WANT
TO SAY IS IF THERE IS CHECKS IN
PLACE, WHAT WOULD BE THE REASON
FOR REMOVING THEM? THE ONLY REASON WE WOULD WANT TO
REMOVE THEM IS BECAUSE --
[INDISCERNIBLE]
-- THAT IS NOT ROCKET SCIENCE. I AM GOING TO SAY THAT I REJECT
THE MAYOR'S ATTEMPT --
[INDISCERNIBLE]
-- I ASK THAT YOU NOT SUPPORTED AS WELL. THANK YOU. >> THANK YOU.
NEXT SPEAKER. >> HELLO. I AM NOT A DISTRICT EIGHT RESIDENT, BUT I WILL ALSO SAY HI TO SUPERVISOR MANDELMAN AND
SUPPORT -- URGE HIM TO SUPPORT THE MEASURE TO STRENGTHEN THE SURVEILLANCE TECHNOLOGY ORDINANCE. I COMMUTE INTO THE CITY TO WORK
AND ALSO TO SEE MY ADORABLE 18 MONTH OLD NIECE.
I REALLY WANT HER TO GROW UP IN A CITY THAT SUPPORTS CIVIL RIGHTS AGAINST BACKLASH AND THAT'S WHAT WE ARE SEEING RIGHT
NOW IS A BACKLASH OF CIVIL RIGHTS. WE SAW IT IN THE EIGHTIES AND
NINETIES AND THEY GAVE US THE SYSTEM'S MASS INCARCERATION THAT OUR COUNTRY IS DEALING WITH RIGHT NOW. WE ALSO SOUGHT AFTER THE MOVEMENT FOR BLACK LIVES.
WE SAW BLUE LIVES MATTER, THE
THIN BLUE LINE AND THAT GAVE US DONALD TRUMP. NOW THE CITY OF SAN FRANCISCO IS FACING A BACKLASH AGAINST THE CIVIL RIGHTS PROTECTIONS FOR
SURVEILLANCE AND JUST AS IT DID
UNDER THE PREVIOUS PRESIDENT IN
TIME FOR THE CITY TO STAND UP
FOR CIVIL RIGHTS AND TAKE THE DIFFICULT BUT ULTIMATELY CORRECT STAND AGAINST THE BACKLASH AND TO PROTECT ITS RESIDENTS. THANK YOU. >> THANK YOU.
NEXT SPEAKER.
>> GOOD AFTERNOON, I AM HEAD OF LIBRARY USERS ASSOCIATION. I LIKE TO COMMENT ON ITEM EIGHT,
FILE NUMBER 22, CONCERNING ACQUISITION AND THE USE OF SURVEILLANCE TECHNOLOGY. FIRST OF ALL, I WOULD LIKE TO
SAY THAT WE APPRECIATE THE MOTIVES AND MUCH OF WHAT IS IN
THIS, BUT ARE CONCERNS THAT ITS FOCUS LEAVES OUT CERTAIN VERY IMPORTANT INTRUSIONS AND
SURVEILLANCES ON THE PUBLIC.
WHAT IS PROPOSED TALKS ABOUT
BASICALLY CONTROLLING WHAT DEPARTMENTS MAY DO WITH RESPECT TO THE PURCHASE OF SURVEILLANCE TECHNOLOGY OR ACCEPTING AND EXPANDING GRANTS TO PURCHASE SUCH MATERIAL FOR THE PURPOSE OF THE DEPARTMENT AND SURVEILLING CERTAIN PEOPLE IN THE PUBLIC. WHAT THIS LEAVES OUT IS THE PUBLIC'S COST ON CERTAIN TECHNOLOGIES THAT ARE VERY SURVEILLANCE RICH OR EXPENSIVE. THIS DOES NOT TAKE INTO ACCOUNT,
APPARENTLY AND I AM CONCERNED THAT IT MAY NOT.
BUSINESS MODELS WHICH ARE IN USE THAT INVOLVED RENTING OR USING THIS SOFTWARE, SUCH AS YOUTUBE
THAT IS BEING USED TO TRANSMIT THIS VERY MEETING, YOUTUBE IS OWNED BY GOOGLE. THEY ANNOUNCED RECENTLY THAT
THERE IS NO ANONYMOUS VIEW ON YOUTUBE BECAUSE GOOGLE OWNS IT.
IT DOESN'T, AND IT ALSO EXCLUDES THIRD-PARTY USE OF INFORMATION THAT HAS BEEN GOTTEN SUCH AS,
FOR EXAMPLE,, ZOOM FOR LIBRARY VIRTUAL PROGRAMS. THE PEOPLE USING IT ARE SURVEILLED ON IN THE LIBRARY DOESN'T GET THE INFORMATION, BUT THE VENDOR OF THE SUPPLIER DOES. WE HOPE THAT YOU CAN INCLUDE THOSE DANGERS OF SURVEILLANCE AS WELL.
THANK YOU. >> NEXT SPEAKER. >> WE ARE DOING OUR LAST DOUBLE CHECK TO SEE IF THERE ARE
ADDITIONAL SPEAKERS ONE MOMENT THAT WAS OUR LAST COLOR. >> PUBLIC COMMENT IS CLOSED. WE WILL SEE WHAT THE NEXT COUPLE OF WEEKS HOLD. HOPEFULLY, AS I SAID, WE WILL WORK IT OUT UNDER THE DOME AND
IT WILL COME BACK TO THE BOARD IN THE FORM OF THE APPROVAL OF
FUTURE USE POLICIES AND TWEAKS TO THIS SECTION OF CODE. THANK YOU, SUPERVISOR MANDELMAN
FOR YOUR SUPPORT IN 2019.
SUPERVISOR CHAN WAS A MEMBER OF
THIS BOARD, BUT WE WILL HAVE AN OPPORTUNITY TO VOTE ON SOME AMENDMENTS UNDOUBTEDLY IN THE
FUTURE UNLESS WE ALL END UP ON
THE BALLOT, IN WHICH CASE, THE
CHIEF AND I GET TO GO TO A LOT OF DEMOCRATIC CLUBS. OKAY.
WITH THAT, I WILL MAKE A MOTION
TO FILE ITEMS SEVEN AND EIGHT.
ON THAT MOTION, A ROLL CALL, PLEASE. >> YES, ON THAT MOTION...
[ROLL CALL] THE MOTION PASSES WITHOUT
OBJECTION. >> COULD YOU PLEASE READ THE LAST ITEM?
>> YES, ITEM NUMBER 9 IS A HEARING TO CONSIDER THE PROPOSED INITIATIVE ORDINANCE SUBMITTED
BY SUPERVISORS TO THE VOTERS FOR
THE JUNE 7TH, 2022 ELECTION ENTITLED ORDINANCE AMENDING THE CAMPAIGN AND GOVERNMENT CODE
CONDUCT TO EXPAND THEIR
PROHIBITION ON THE SOLICITATION OF BEHEST OF PAYMENTS TO INCLUDE
CITY CONTRACTORS SEEKING THE BOARD OF SUPERVISORS' APPROVAL AND TO REQUIRE APPROVAL BY THE ETHICS COMMISSION AND SUPER
MAJORITY APPROVAL THE BOARD OF SUPERVISORS FOR FUTURE AMENDMENTS TO LOCAL BEHEST A
PAYMENT RESTRICTIONS. >> THANK YOU, MR. YOUNG. COLLEAGUES, AND MEMBERS OF THE PUBLIC, SORRY FOR OUR LATE START, BUT IT LOOKS LIKE WE ARE
GOING TO GET DONE HERE AFTER THIS ITEM AND I WILL KEEP IT BRIEF. I THINK WE ARE ALL FAMILIAR WITH
THE SUBSTANCE OF THIS ITEM AS IT HAS BEEN PASSED UNANIMOUSLY AT THE BOARD OF SUPERVISORS JUST A COUPLE OF MONTHS AGO. I WON'T CALL ON THE CONTROLLER, BUT JUST REPRESENT THE FACT THAT
THIS MEASURE WOULD NOT INCREASE ANY COSTS TO GOVERNMENT. I WANT TO THANK THE COSPONSORS
WHO SIGNED TO PUT IT ON THE BALLOT.
SUPERVISORS CHAN, PRESTON, MAR, AND PRESIDENT WALTON.
FOR MEMBERS OF THE PUBLIC WHO HAVE NOT BEEN FOLLOWING THIS ISSUE OF PUBLIC POLICY, WHAT HAS
BEEN PUT FORWARD FOR THE JUNE
BALLOT, UNLESS REMOVED ON OR BEFORE MARCH 4TH IS VIRTUALLY
IDENTICAL TO WHAT THE BOARD OF SUPERVISORS PASSED IN DECEMBER. THAT IS AN ORDINANCE THAT PROHIBITS CITY OFFICIALS,
INCLUDING AMBERS OF THE BOARD OF SUPERVISORS ELECTED TO DEPARTMENT HEADS FROM SOLICITING
PAYMENTS FROM PARTIES TO HAVE MATTERS PENDING.
IT IS AN AREA THAT WAS RIPE FOR CORRUPTION AND AS WITH EARLIER
ITEMS REGARDING REFUSE DISPOSAL,
THE INTENT OF THIS MEASURE IS TO
BOOK AND A DISASTROUS AND
EMBARRASSING CORRUPTION SCANDAL.
IN FACT,, AMONG THE HIGH-PROFILE
INSTANCES THAT WE HAVE CITED IN THE CONTEXT OF PASSING THE LEGISLATION, OR PAYMENT SOLICITED BY THE PUBLIC WORKS
DIRECTOR FROM RECOLOGY. IT IS ALL QUITE CONNECTED. THIS IS YET ANOTHER
ANTICORRUPTION MEASURE.
FRANKLY, BECAUSE I TALKED A LITTLE BIT ABOUT MY CODE OF USING THE BALLOT AS THE LAST
RESORT, THE REASON THIS HAS BEEN
SET FOR THE BALLOT IS BECAUSE I WORRY AND HAVE SEEN THESE TYPES OF POLICIES AND LAWS WATERED DOWN IN THE PAST.
AND THE REASON WE ARE PUTTING IT
ON THE BALLOT IS BECAUSE IT WOULD CREATE, IF APPROVED BY THE
VOTERS, A MUCH HIGHER THRESHOLD FOR WATERING IT DOWN OR CAUSING OTHER MISCHIEF. THAT SAID, THERE IS A POTENTIAL PATH TO AVOIDING THE BALLOT FOR
THIS MEASURE. I THINK THAT MUST INCLUDE USING
OUR LEGISLATIVE POWER AND THAT OF THE ETHICS COMMISSION TO MOVE THESE PROVISIONS FROM ONE
CHAPTER OF THE CODE TO ANOTHER
CHAPTER SPECIFICALLY CHAPTER 2 OF THE CAMPAIGN GOVERNMENTAL
CONDUCT CODE WHERE IT WOULD BE SUBJECT TO A HIGHER VOTE
THRESHOLD TO AMEND BY THE BOARD
OF SUPERVISORS, IN ESSENCE,
PROTECTING THE INTEGRITY OF THE EXISTING ORDINANCE. AS REGULATORS RECEIVED TO
REGULATE THEMSELVES, THOSE ARE OFTEN THE EASIEST REGULATIONS TO UNRAVEL, ONE WAY OR THE OTHER
WHETHER AT THE BALLOT, OR
THROUGH COLLABORATION WITH THE ETHICS COMMISSION.
I WOULD LIKE TO SUBJECT US TO A HIGHER THRESHOLD FOR AMENDMENT.
THAT IS THE REASON IT IS BEFORE US AND I WANTED TO SHARE IT
PUBLICLY AND GET ANY FEEDBACK FROM COMMITTEE MEMBERS. ARE THERE ANY MEMBERS OF THE COMMITTEE WHO WOULD LIKE TO
COMMENT ON THIS ITEM?
SUPERVISOR MANDELMAN? >> THANK YOU, CHAIR PESKIN. I WILL SAY THAT I WAS SURPRISED
TO SEE THIS IN MY BINDERS.
AS I WAS LOOKING OVER THE AGENDA
FOR TODAY BECAUSE I DID THINK THAT ONE OF THE REASONS WE HAD
DONE THIS AT THE BOARD WAS TO
AVOID THE NECESSITY OF HAVING TO
GO FORWARD TO THE VOTERS.
WE STILL HAVE SOME ITEMS AND CONCERNS. THERE WILL BE A DUPLICATED FILE FLOATING AROUND THERE THAT WE WOULD HAVE TRIED TO FURTHER
ADDRESS. I'M CURIOUS ABOUT WHAT PRIOR
EXAMPLES OF WATERING DOWN THERE
HAS BEEN OF PRIOR ETHIC -- ETHICS LAWS PASSED BY THE BOARD.
>> YES. I CAN TELL YOU THAT.
AS A MATTER OF FACT, THE CLASS
OF 2,000'S BOARD LATE IN THE TWO THOUSANDS PASSED A COMPREHENSIVE
ETHICS REFORM THAT WERE GUTTED, IN PART BY THE BOARD OF
SUPERVISORS THAT WAS SEATED IN
2009.
THAT CHANGED THE THRESHOLD FOR LOBBYISTS, LOBBYING REPORTING, AND THEY HAVE SINS LARGELY WORKED THEMSELVES BACK INTO THE
LAW.
THEY LARGELY GUTTED SOMETHING THAT A LOT OF PEOPLE WORKED ON TOGETHER IN A COLLABORATIVE
FASHION AND WAS WATERED DOWN.
THE FILE WAS DUPLICATED.
THERE ARE SOME MOVEMENTS AFOOT
THAT I AM ENGAGING IN, BUT DUBIOUS ABOUT.
I THINK WHAT I AM SIGNALLING HERE IS IF WE MAKE ANY FINAL TWEAKS OR CHANGES, THAT WE MOVE
IT TO CHAPTER 2 OF THE CAMPAIGN IN THE GOVERNMENTAL CONDUCT CODE
AND MAKE IT MORE DIFFICULT FOR FUTURE BOARDS OF SUPERVISORS AND ETHICS COMMISSIONS TO WATER IT
DOWN OR OTHERWISE GOT IT.
>> GOT IT. >> WHY DON'T WE OPEN THIS UP TO PUBLIC COMMENT. ARE THERE ANY MEMBERS OF THE PUBLIC WOULD LIKE TO COMMENT ON ITEM NUMBER 9? >> MEMBERS OF THE PUBLIC WHO WISH TO PROVIDE PUBLIC COMMENT
415: 655-0001.
THE MEETING ID IS 249-50524358 AND PRESS POUND AND POUND AGAIN. IF YOU HAVEN'T DONE SO, DIAL
STAR THREE TO LINE UP TO SPEAK. FOR THOSE ON HOLD, CONTINUE TO WAIT UNTIL THE SYSTEM INDICATES YOU HAVE BEEN AN MUTED AND YOU
MAY BEGIN YOUR COMMENTS. IT LOOKS LIKE WE HAVE EIGHT CALLERS ON THE LINE.
LET ME DOUBLE CHECK IF THERE IS
ANYBODY ONLINE TO SPEAK. THERE ARE NO CALLERS ONLINE TO SPEAK. >> PUBLIC COMMENT IS GOING ONCE,
GOING TWICE, PUBLIC COMMENT IS CLOSED. I WILL MAKE A MOTION TO FILE
THIS ITEM. >> ON THE MOTION TO FILE THE MATTER...
[ROLL CALL] MOTION PASSES WITHOUT
OBJECTION. >> DO YOU HAVE ANY CONFIRMATION BEFORE WE ADJOURN IN THE
FEBRUARY 22ND, 2022 AT 10:00 AM MEETING? >> I JUST NEED TO GET FINAL
CONFIRMATION FROM VARIOUS
PARTIES, SAN FRANCISCO GOVERNMENT T.V., TECH CHAT AND FARTHER -- FINAL APPROVAL FROM
THE DEPARTMENT OF THE BOARD. MY THOUGHT IS IT WILL PROCEED AS
SCHEDULED FOR THE FEBRUARY
22ND MEETING AT 10:00 AM. >> OKAY.
COLLEAGUES, MAR YOUR CALENDARS.
MEMBERS OF THE PUBLIC, IT IS
VIRTUALLY CERTAIN THAT THE ITEMS
THAT WE CONTINUE TODAY AS AMENDED WILL APPEAR ON TUESDAY,
FEBRUARY 22ND, 2022 AT A SPECIAL MEETING OF THE RULES COMMITTEE AT 10:00 AM.