# Board of Supervisors Minutes: May 17, 2016 - Meeting date: 2016-05-17 - Document type: minutes - Source format: PDF - Extracted pages: 26 - [Canonical HTML transcript](https://sfbos.info/documents/346/2016-05-17-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=498877&GUID=FE9D637A-09BD-495E-8546-3A035408F715) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 160025: Administrative Code - Nutritional Standards for Food and Beverages Sold in Vending Machines on City Property or Served at City Meetings and Events - Pages: 4-5 - Sponsors: Farrell; Mar - Vote 1: final-passage, likely final - Action: 160025 [Administrative Code - Nutritional Standards for Food and Beverages Sold in Vending Machines on City Property or Served at City Meetings and Events] Sponsors: Farrell; Mar Ordinance amending the Administrative Code to require that prepackaged food and beverages sold in vending machines on City property meet specified nutritional standards and calorie labeling requirements; to require City departments to make best efforts to meet nutritional guidelines for food and beverages purchased with City funds and served at City events and meetings; to encourage restaurants, cafeterias, and concessions located on City property to offer healthy food options; and to require the Department of Public Health (DPH) to submit a report to the Board of Supervisors if DPH concludes that nutritional standards and guidelines should be updated. Ordinance No. 091-16 FINALLY PASSED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee - Noes: Peskin ### File 150672: Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2015 - Pages: 5 - Vote 1: adoption, likely final - Action: 150672 [Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2015] Resolution approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations and approving evidence of financial responsibility demonstrated by program administrator, Leaders in Community Alternatives, for the 2015 calendar year. (Sheriff) Resolution No. 188-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160313: Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2016 - Pages: 5 - Vote 1: adoption, likely final - Action: 160313 [Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2016] Resolution approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations and approving evidence of financial responsibility demonstrated by program administrator, Leaders in Community Alternatives, for the 2016 calendar year. (Sheriff) Resolution No. 190-16 ADOPTED by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee ### File 160225: Administrative Code - Best Value Public Works Procurement - Pages: 5-6 - Sponsors: Wiener; Tang, Breed and Yee - Vote 1: amendment - Action: 160225 [Administrative Code - Best Value Public Works Procurement] Sponsors: Wiener; Tang, Breed and Yee Ordinance amending the Administrative Code to allow departments authorized to perform public work to procure public work contracts through a best value process that selects contractors using a combination of price and qualifications, with bid discounts applicable to price; and to require completion of public works contractor performance evaluations, and to require the creation and maintenance of a database to collect the contractor performance evaluations. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 23, by adding 'estimated to cost more than or equal to $1,500,000' after 'contract for Public Works or Improvements'. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Noes: Avalos ### File 160358: Appropriation and De-Appropriation - Surplus Revenue and Expenditures - Supporting Increased Overtime Expenditures - $24,682,824 - FY2015-2016 - Pages: 6-7 - Sponsors: Mayor - Vote 1: first-reading - Action: 160358 [Appropriation and De-Appropriation - Surplus Revenue and Expenditures - Supporting Increased Overtime Expenditures - $24,682,824 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $4,112,120 surplus revenues, de-appropriating $20,570,704 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $24,682,824 to overtime in the Sheriff’s Department, Department of Emergency Management, Fire Department, Public Health Department, Public Utilities Commission, and the Police Department operating budgets in order to support the Departments’ projected increases in overtime as required per Ordinance No. 194-11 in FY2015-2016; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of the Fire Department overtime appropriations, pursuant to Charter, Section 9.113(c). (Fiscal Impact) Privilege of the floor was granted unanimously to Harvey Rose, Budget and Legislative Analyst, and Nicole Elliott (Mayor's Office) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote: - Ayes: Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee - Noes: Avalos, Kim, Peskin - Vote 2: rescission - Action: Supervisor Campos, seconded by Supervisor Mar, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 3: first-reading - Action: NOT PASSED ON FIRST READING by the following vote: - Ayes: Breed, Farrell, Tang, Wiener, Yee - Noes: Avalos, Campos, Cohen, Kim, Mar, Peskin - Vote 4: rescission - Action: Supervisor Farrell, seconded by Supervisor Breed, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 5: other - Action: Although a motion and second was not required, Supervisor Farrell, seconded by Supervisor Cohen, moved that this Ordinance be DIVIDED to consider the Fire Department, Department of Emergency Management, and Sheriff's Department separately. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 6: first-reading - Action: PASSED ON FIRST READING by the following vote: - Ayes: Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Noes: Avalos - Vote 7: rescission - Action: Supervisor Avalos, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 8: first-reading - Action: The divided question relating to the Fire Department, Department of Emergency Management, and the Sheriff's Department was PASSED ON FIRST READING by the following vote: - Ayes: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee - Vote 9: first-reading - Action: Privilege of the floor was granted unanimously to Melissa Whitehouse (Mayor's Office) who responded to questions raised throughout the discussion. The remaining balance of the Ordinance relating to the Department of Public Health, Public Utilities Commission, and the Police Department was PASSED ON FIRST READING by the following vote: - Ayes: Breed, Cohen, Farrell, Mar, Tang, Wiener, Yee - Noes: Avalos, Campos, Kim, Peskin ## Extracted text ### [Page 5](https://sfbos.info/documents/346/2016-05-17-minutes#page-5) Board of Supervisors Meeting Minutes 5/17/2016 Recommendations of the Government Audit and Oversight Committee President Pro Temp Tang requested File Nos. 150672 and 160313 be called together. 150672 [Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2015] Resolution approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations and approving evidence of financial responsibility demonstrated by program administrator, Leaders in Community Alternatives, for the 2015 calendar year. (Sheriff) Resolution No. 188-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee 160313 [Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2016] Resolution approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations and approving evidence of financial responsibility demonstrated by program administrator, Leaders in Community Alternatives, for the 2016 calendar year. (Sheriff) Resolution No. 190-16 ADOPTED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 160225 [Administrative Code - Best Value Public Works Procurement] Sponsors: Wiener; Tang, Breed and Yee Ordinance amending the Administrative Code to allow departments authorized to perform public work to procure public work contracts through a best value process that selects contractors using a combination of price and qualifications, with bid discounts applicable to price; and to require completion of public works contractor performance evaluations, and to require the creation and maintenance of a database to collect the contractor performance evaluations. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 23, by adding 'estimated to cost more than or equal to $1,500,000' after 'contract for Public Works or Improvements'. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Noes: 1 - Avalos City and County of San Francisco Page 372 Printed at 11:00 am on 6/22/16 ### [Page 6](https://sfbos.info/documents/346/2016-05-17-minutes#page-6) Board of Supervisors Meeting Minutes 5/17/2016 160358 [Appropriation and De-Appropriation - Surplus Revenue and Expenditures - Supporting Increased Overtime Expenditures - $24,682,824 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $4,112,120 surplus revenues, de-appropriating $20,570,704 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $24,682,824 to overtime in the Sheriff’s Department, Department of Emergency Management, Fire Department, Public Health Department, Public Utilities Commission, and the Police Department operating budgets in order to support the Departments’ projected increases in overtime as required per Ordinance No. 194-11 in FY2015-2016; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of the Fire Department overtime appropriations, pursuant to Charter, Section 9.113(c). (Fiscal Impact) Privilege of the floor was granted unanimously to Harvey Rose, Budget and Legislative Analyst, and Nicole Elliott (Mayor's Office) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote: Ayes: 8 - Breed, Campos, Cohen, Farrell, Mar, Tang, Wiener, Yee Noes: 3 - Avalos, Kim, Peskin Supervisor Campos, seconded by Supervisor Mar, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee NOT PASSED ON FIRST READING by the following vote: Ayes: 5 - Breed, Farrell, Tang, Wiener, Yee Noes: 6 - Avalos, Campos, Cohen, Kim, Mar, Peskin Supervisor Farrell, seconded by Supervisor Breed, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Although a motion and second was not required, Supervisor Farrell, seconded by Supervisor Cohen, moved that this Ordinance be DIVIDED to consider the Fire Department, Department of Emergency Management, and Sheriff's Department separately. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee PASSED ON FIRST READING by the following vote: Ayes: 10 - Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Noes: 1 - Avalos Supervisor Avalos, seconded by Supervisor Farrell, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee The divided question relating to the Fire Department, Department of Emergency Management, and the Sheriff's Department was PASSED ON FIRST READING by the following vote: Ayes: 11 - Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Privilege of the floor was granted unanimously to Melissa Whitehouse (Mayor's Office) who responded to questions raised throughout the discussion. The remaining balance of the Ordinance relating to the Department of Public Health, Public Utilities Commission, and the Police Department was PASSED ON FIRST READING by the following vote: Ayes: 7 - Breed, Cohen, Farrell, Mar, Tang, Wiener, Yee Noes: 4 - Avalos, Campos, Kim, Peskin City and County of San Francisco Page 373 Printed at 11:00 am on 6/22/16