Transcripts For SFGTV BOS Land Use And Transportation Committee 20240712

And our clerk, ms. , major, do you have any announcement . Due to the covid19 health emergency, the board of supervisors in the legislative chamber and Committee Room are closed. However, members will be participating in the meeting room only. Committee members will attend the meeting by video conference, and participate to the same extent as if they are physically present. Public comment will be available on each item. Both channel 26, 78 or 99, and each person will be allowed two minutes to speak. And opportunities are available by calling 4156550001. The meeting i. D. Is 1467653310. Press pound and pound again. When connected, you will hear the meeting discussions, but you will be muted and in listening mode only. When your item of interest comes up, please dial star and then 3 to be added to the speaker line. Best practices are to call from a quiet location, speak clearly and slowly, and turn down your television or radio. You may submit Public Comment in either of the following ways email myself, the land use and transportation clerk at e. R. I. C. A. Dot ma majoh sfgov. Org. Finally, items acted upon today are expected to appear on the board of supervisors agenda on october 20th, unless otherwise stated. Chairman thank you, ms. Major. We could you please read the first item. Sure. Item number one is an ordinance admitting the administrative code to require city departments to report annually, information about the cost of vehicles, the departments have registered for period of longer than 30 days, to authorize the city administrator to inspect or provide maintenance, to provide information to the city and the board of supervisors, and to authorize the city administrator to require departments to provide plans. Call the number streaming on the stream, 4156550001. And the meeting i. D. Is 1467653310, and press pound and pound again. If you have not done so already, please press star 3to be added to speak. Thank you. Chairman thank you, ms. Major. Were joined by the chief sponsor of this item, which has long fought for this change in Public Policy, the president of the board, supervisor norman yee. With that, i will turn it over to president yee. Okay, thank you, chair peskin for your cosponsorship, and thank you, supervisors safai and preston. As a city, we have committed to vision zero goals, to end pedestrian fatalities by 2024. This year has been especially tragic, giving that were living through a Global Pandemic and should find respite in being able to walk, bike, without fear of being hit. Another issue that has come to light light is something we need to selfreflect on. As a city, were doing everything we can to be safer when we are on the roads in cityowned and leased vehicles. In 2016, we passed an ordinance to install vehicle telemanics, or black boxes, in our city vehicles and expanded that to Public Safety vehicles in 2019. This Technology Helps us with department deploymen deployment, c. E. O. Efficiency, and date to to help us be safer on the roads. Overall the goals are to cut government waste and to improve safety. I want to thank the city administrator, kelly, and her team, with fleet management, for their partnership and collaboration throughout the years in implementing this program. Now we have some data to help us dent fee problem identim spots. We want to further strengthen our program and help to curb the unsafe driving were seeing in our city vehicles. I would like to first bring up the budget legislative annual staff to present earlier and some of the chief findings that earlier this year the budget b. L. A. Helped us produce a report on vehicle telemanics and vehicle leasing. Fred bestou and Jillian Metcalf are here to present their findings. Fred and jillian, are you ready to present . Yes, we are. To the budget and legislative analysts office, the floor is all of yours. Thank you. As you mentioned, president yee, we completed a report this year analyzing the vehicle telemanics equipment use in the city vehicle fleet. This is the second report weve done on this topic. The first one was in 2015, when the equipment was first being installed. So now this many years later, we went back and we were able to collect and analyze data on what some of the results of that have been. And what weve found is that the equipment can collect some very useful data, but it is not being put to use as affectively as would be desirable. So were not seeing improvements in areas such as speeding, aggressive driving, emissions control, takehome vehicle monitoring, and use of rental vehicles. Jillian metcalf will now provide a summary of the report, and then were available to answer questions. Jillian, do you have lines ready . I have them ready. Is there a way i can share my screen on my side . I believe you just go to share tray and the little three dots. There we go. Sorry, my modem was changed. Good afternoon supervisors. Thank you for having us here to speak today. Again, my name is julian metcalf. Just for the sake of common definition, when we speak of vehicle telemanics, were talking about black boxes or g. P. S. Tracking, allowing for vehicle location tracking, collecting and reporting on history, speed, mechanical diagnostics and other information. Youll notice on the bottom lefthand corner, a unit that is commonly plugged into the vehicles, and on the right, a screen that can be used to administer and monitor the system. The 2020 report, there were some key findings. Information from 2019 showed that 52 of the fleet had the technology installed, and an ordinance that was requiring Public Safety vehicles to an expected to add another 1,000 vehicles. We learned that simply having the technology installed doesnt mean it is used as promise. They collect and report only minimal data to the departments, and there is no department for collecting problems. One example is 365 vehicles we found based on the criteria that we considered underutilized. Monitoring and use of the system is generally centralized across departments. And when we spoke with departments, we saw a large variety of uses, from some supervisors and fleet managers that were barely engaged in the system, and others that were a little more handsoff. Across the board, the use was varied and inconsistent from department to department. There are areas that could be more affectively monitored, such as safety, aggressive driving, speeding, underutilization of vehicles, rental vehicle use, and takehome vehicle use. I would like to speak about safety for a moment. When we looked at the speeding data for a 13month period, we saw 2,619 that had speeding over the posted speed limit. Of them, 768 vehicles reported more than 50 incidents in the same period. It should be noted that the system does not record who is driving the vehicle. It is something that the departments monitor and maintain information on. So individuals could have driven multiple vehicles or poodle vehicles could have had multiple drivers accounting for this information. The same thing can be said that trips may have multiple speeding incidents. You may drive for two hours and speed three times, and those would be three separate speeding incidents. 16. 3. Of the speeding incidents were between 20 and 29 Miles Per Hour, at this speed, a risk to pedestrians, bicyclists and other vehicles. It is a little more difficult to show it against the posted speed limit, and ill explain briefly. G. P. S. Can have that variance, so if youre driving on a speedway, past the posted speed limit, say 55 Miles Per Hour, they think youre on a nearby surface street, with a 25 mileanhour speed limit, it may inaccurately report youre going over the speed limit if it thinks youre on that street, when youre not. So we created buffers. And we excluded those vehicles. And we excluded some vehicles not recording the speedometer information because they were using a different technology, where they can have issues within urban canyons and big buildings. All said, we reduced the speeding incidents that were reported to us by about half. So what were reporting here we believe to be a very conservative data set that looks at what we believe has fewer errors, and while there still could be some errors we have left in, that we cant detect, we believe that there is far more accurate ones here than if we looked at the entire thing. So it may reflect fewer speeding incidents than are occurring in reality. One of the other areas that is not currently reported and used is aggressive behavior. This system can report on harsh braking and harsh acceleration. And while there may be incidents where once in a while those are needed for defensive driving, the lack of regular reporting misses the opportunity to find repetitive aggressors chairman julian, im sorry to interrupt, but is there a way to make this fit the full screen and go back to the last graph . Yes. I apologize. I thought this was fitting the whole screen. Let me try a different view. Is that better . Chairman that is way better. Im terribly sorry. Chairman so can you explain that graph, which i am looking at really closely . Can you explain that graph . Absolutely. This is a distribution of all of the speeding incidents that we analyze. So you can see that chairman and the timeframe is what . It is from september 2018 to the end of september 2019. So it is a 13month period. Chairman okay. Go ahead. Yes. And on the far left side of the graph are the 10 Miles Per Hour to almost 11 Miles Per Hour, and thats when the majority not the majority, but many of the speeding incidents occur. And you can see a tapering off as you get to almost 29 Miles Per Hour. And the part in the bracket is the 16. 3 that is between 20 and 29Miles Per Hour over a speed limit. It could be a case where someone is on a freeway going 29 over, or on a surface street and going 29 over. Chairman is this a data set that excluded the canyons and surface streets that were proximate to freeways . Yes. This is the cleaned and refined data set. Chairman this is the conservative data set . Correct. Chairwoman chairman got it. Thank you. Absolutely. And on the next screen, you can see and this is also the conservative and clean data set the distribution of the speeding incidents around the city, on the left, and around the state as well. You can see it occurs on both freeway areas and also in residential and Business Districts where you would expect to see pedestrians. I want to speak briefly on rental vehicles. The city uses a contract with enterprise rentaca rentacar. Telemanics technology is currently installed on all of the rented focuses. In f. Y. 16 and 19, the city spent 1. 3 million on the contract. The contract, we learned, is not current, centrally monitored by the citys Administrative Office on contact management or central shops. Neither approve individual rental, either. When we spoke to the office of contract management and got a copy of the contract, we learned that the vendors are supposed to be emailing them annual reports. There was no record of annual reports in their email systems, and when we asked for an update to get the information we used in our annual circumstance it took several months for enterprise to produce it. They currently have a system where it is essentially designed indescernable . When we did get the data, we found there were 55 instances where cars were rented for more than one year. Which in our opinion affects the board of supervisors budget approval for vehicle purchases. This is because vehicle purchases come from one line item, and the rental fees come from another line item, so they dont get the same annual approval. When we looked at the data further chairman mr. Metcalf, in what departments did this behavior take place . Id be happy to pull that up in just a moment. But it happened in a couple. I dont have that right in front of me. If you give me a moment, id be happy to grab that. Chairman take your time. We want to know that. I dont want to have to leave this to go get to the department information. Chairman no. No. Well circle back to that. Okay. Okay. Perfect. We found that let me get the number real fast, the 18. 6 of the vehicles were rented, and enterprise rental cars classified with luxury, premium, or elite. One of the issues we found is we didnt know if these were justified. We can come up with this in circumstances where it would make sense, it was a particular vehicle without a stock and it was the only thing available. And some of the vehicles werent classifications and rates that managed what was in the city contract. But without any type of monitoring or central review, it is unclear if these were appropriate uses or not. And then in the end, we found that more could be done, to curb dangerous driving, reduce emissions, lower speed and potential waste to vehiclerelated use. These factors cost the city 10. 5 Million Dollars annually, with unnecessary purchases and maintenance. We believe that central shops could be monitoring more in the area of incidents of speeding, aggressive driving behavior, inappropriate use of vehicles, excessive vehicle emissions, rental uses, and underutilized vehicles as well. It doesnt include enough of these affective metrics. Our report recommends that the board recommend a minimum set of details measures for central shops to track and report, and corrected plans and data showing that there have been improvements. We recommended reporting on takehome vehicles and rental vehicles, which should be instituted. And these are covered in the current proposal for legislation, and our recommendations also covered that central shops could use this effort to assist departments when investigating an correcting any possible negative behaviors. Additional staff for this could be considered, and the cost of that additional staff could be offset in the savings from claims and unnecessary vehicle purchases. And the frequency and outcomes of these investigations, including the resulting improvements, should be annually reported to the board of supervisors to determine if these efforts are affective in having the desired impact. And the board of supervisors could request that the city administrator or Mayors Office assume responsibility for enforcing policies and procedures to improve driver behavior. And finally there is some room for some additional monitoring and reporting of takehome and rental vehicles. Chairman okay mr. President . Thank you. Before we ask anymore questions of the b. L. A. , i would like to give city administrator kelly to just kind of talk. She has to leave by 2 00, and her staff, adam and don, will be here if there are further questions. Ms. Kelly . Good afternoon, supervisors, naomi kelly, city administrator. Thank you forgiving me the opportunity to speak today. I have a bit of a presentation that will be coming up shortly. There we go. Lets see. Next slide. Next one. [inaudible] i enjoyed working wit with if they can mute themselves, that would be great. It has really been a team effort working with supervisor yee, central shops, and our data team, to try to get these black boxes, and not just vehicles i know the budget and legislative analyst has over 7,000 vehicles, but it is not really 7,000 vehicles. A lot of that is also equipment that we have put the black boxes onto. We probably have a little over 4,000 vehicles. But weve established and managed a citywide Term Contract to consolidate all city departments on the same telemanics system. And we partnered to install and maintain 4,198 telemanics devices and our equipment. We develop and issue monthly dashboard reports to the department. The dashboards are not just giving a canned dashboard to those departments. We sit down and meet monthly with those fleet managers and the different departments, their h. R. Staff, and when needed, we escalate to the Department Head. We have worked with data s. F. To analyze the vehicle patterns, which created an opportunity, when we saw underutilized vehicles and presented it to Department Heads, they recognized they dont each all need a vehicle, that theyve going t gone to a poolig system. The Department Heads have agreed to use a vehicle pool based off of the data we got out of telemanics. We use the data to evaluate and make recommendations to Department Vehicle budgets for the last couple of years. We have worked with both of Mayors Office and the board of supervisors on providing data on underutilization or whether or not a Department Needs a new vehicle or not. That process has been in place, and we plan to, with this legislation, make that process even more robust. Next slide, please. The benefits weve increased vehicle utilization. Weve identified and retired over 300 underutilized vehicles since 2018. Although its still not good, we still have a lot of work to do, but we have reduced highspeed incidents by twothirds since the launch. We still have a lot of work to do because this is the vision zero in pedestrian and city safety. The continuous testing programs, and approximately 1300 vehicles are participating and it led to an annual savings of 79,000. And it does allow us to do realtime monitoring, and this legislation were supportive of the legislation with some base lines to even improve that. Next slide, please. And i thought id give you just an example of a dashboard. This is animal care and control. I think this was done in july. But you can see what a dashboard looks like when they go to the departments. It is not just canned. We have conversations with them. We have a conversation that says, it looks like you have one vehicle that has been underutilized. It was a pickup truck that they used to go pick up dead animals when theyre needed, and so it is not always on the road. You can see there are some vehicle speeding incidents, which has been used and presented to the department. It was probably in response to going up going back and forth to the north to help with the fires. The freeways are where we have the speeding incidents occur. Both conversations are being had at that department. You can kind of see why a dashboard looks like idling. If we can say, hey, make sure when you get out of the car, you turn it off. They may have a reason to keep the vehicle idling, you may have an animal in the car, but this gives a dashboard where you can have a conversation with that department, and they can start investigating with their personnel what is going on to make sure we get to that vision zero that were looking for, and the cost savings and the efficiencies. So that is my quick presentation. Again, im supportive of supervisor yee and chair peskin and this legislation. We look forward to partnering with the board of supervisors and the Mayors Office. And however we can get those reports to you on a regular basis. Chairman thank you, city administrator kelly. President yee, if i may just ask, before our city administrator has to run, if you have any comments on the revelations by the budget and legislative analysts as it relates to the car rental situation . As high as 183 a day with rentals that lasted in some cases over a year. Do you have any comments or policy suggestions on that . Yes. Supervisor yee and i discussed this, and for the record, it is not my department or adman services. What were recommending is that through the budget, we work with the controller o establish a line item in the budget so that when departments come forth, because we assume vehicles would be in the vehicle program, and folks werent leasing outside of that program, that if you are leasing vehicles, it has to be specifically approved by the board of supervisors, and it is a line item within the budget. I know there are some oneoffs, like emergencies, which is really a shortterm, if were responding to an earthquake or responding to a fire, not a pandemic, this seems to go on and on, that you lease, and fema requires you to lease vehicles to respond to an emergency. But that is usually a very, very shortterm, a few days and not years. My recommendation is we work with the controller and put a line item in so that the board and the mayor can approve those leases. Chairman so, ms. Kelly, thank you for those responses. Respectfully, i know it is not in your department, but everything is in your department and our department. Were Department Number one, and it all kind of rolls up here to the mayor and the city administrator. So theyre all our departments. But having said that, maybe because you can bury small cities in our budget maybe any and all rentals and leases need to be overseen by the city administrator, and i would hazard to say that based on what we have found out through president yees good work and the budget and ledges halegislative analysts good work, we need to set laws. If i need to introduce an amendment to the annual appropriations ordinance to stop this kind of behavior, i mean i get it. There may be instances outside of an emergency where you need to rent a car for 21 a day, but an electric vehicle for 183 . Were going to go back to the b. L. A. To hear about it. It sounds like rampant abuse to the tune of 10. 5 million a year. We agree there should be checks and measures in there, and we would be happy to partner with you to get those checks and measures in. I agree. Chairman thank you. With that, i will go back to president yee, but i want to hear from the b. L. A. Relative to what departments are using this and why, and at what price points, and at what intervals. I mean, there is a difference between youve got a need and youve got to rent a car for a couple of days, or a couple of hours, and over a year, which just, i mean, is starting. Unbelievable, really. Yeah. So thank you city administrator kelly. I know you have to take off. You thought it was important enough to show up at the beginning. So back to. Ah. Mr. Metcalf, are you still there . Yeah. Yes. Why dont you go first, supervisor peskin, with your line of questioning that you may have for them. Right. So thank you, president yee. To the budget and legislative analyst, so this is a little outside of really the legislation that were discussing, relative to what president yee has been working on for a long time. Although there are definitely instances of speeding in noncityowned vehicles. And thats, i think, what got you to this revelation. So if you could just share with us, fred or julian, the actual numbers and apartments that account for these cars, the length that theyve been rented, the price points at which theyve been rented, which, as you said, range between 21 and 183. 10, if you can drill down into that, i think everybody on this committee and president yee would like to hear that. Jillian, d julian, do you hae reportable that i could put up on the screen . Yeah. The report table, if we go to the actual report itself. On page 28 im not sure the members have it with them. But we can put it up on the screen. Is this visible to everybody . Chairman can you magnify that . There you go. Just a little more. Perfect. Silent. This chart doesnt break down it doesnt have the 55 that has rented for over a year, chair peskin, that you had asked about. Those i looked at separately, and that covers mostly Police Departments and p. E. C. And then there is this category of vehicles with no department listed, who have rented it for over a year. Exclusive of this chart, which gets into the overall population, the 55 was two known departments and the then some unknown. Chairwoman would you chaiu have unknown departments . Thats how it came back from enterprise. There was no department listed. Chairman is there a representative of the Controllers Office in this meeting . Hold on. Let me look at participants. Wait a second. I dont see anybody from the Controllers Office, which makes sense because it is the land use committee. But i will suggest that we either call for a separate hearing on this ordinance, but i would really like to do the Controllers Office to identify the unidentified departments . We did not. There were five vehicles that were unidentified in this case. So it was a small year. A couple of those were for over a year. I would say two of those were for over a year. Chairman can you go back do to the 55 vehicles, please . Yes. Absolutely. It is difficult to explain the data i have. They provide it on a monthtomonth basis, so it is not compressed. So i have the monthly listing in front of me. I can get you a more refined table, just not at this very moment, with the 55 and information on the 55. But it is mostly the police department, and there is one instant of airport commission, as i scroll through it, a hospital. Chairman this sounds like we might duplicate the file to use it as a vehicle, so to speak, for a hearing or to introduce a separate hearing request. This seems like a total end run on the work that ib did 15 years ago, and supervisor katie tang did a half dozen years ago to get around this entire notion of fleet management. I would be more than happy to provide a more detailed table on this. Im sorry i dont have it available today. Chairman all right. With that, ill go back to president yee. Thank you. Before i so when we started this process, we knew that there could be improvements that can be made in regards to safety and also efficiency. And this is what was evident from other locations that installed these black boxes. And one of the things we didnt put in the first initial legislation to get these things installed was the enforcement piece. And part of it was to thinking that if the departments would have the data, they would seek to have some improvements within their own departments in regards to things like idling, speeding, reckless driving, and so forth. One of the things was that part of the initial telemanics legislation . Was this focused on leaving of vehicles . So this particular report actually flushed that out somewhat. And what this report also flushed out was that even though we knew the data now, that in terms of longterm impacts of improvements, we didnt see that much of it. So the attempt of todays piece of legislation is to tighten it up even further. And we were careful to balance how much we want to tighten versus huge we want to spend to tighten it, knowing that were going into a budget year that is going to be tough. So in my opinion, this there are a couple of steps, not just one step, further to actually be able to utilize the data that were collecting. In my mind, also, i dont think it is the most aggressive. It could be even more ag greaggressive. But the hope today is that by passing this legislation with the particular requests for departments, that we will start seeing improvements. One of the things, before i get into that one of the things i want to ask b. L. A. Or even actually to ask the city administrator staff whether or not they actually saw any initial improvement when we first installed the telemanics, and what happened . Chairman and, president yee, before we do that, mr. Metcalf, if you could relinquish your screen . Thank you. Mr. Wynn . Adam wynn for the City Administrators Office. Telemanics has been around in the city for quite a while. It started roughly about 15 years ago in various departments on different systems. And i know back then, during that time, there were immediate improvements that were noticed. The system allowed you to track, for instance, instantaneously, it notified of speeding incidents, and that would send an email alert to the person that was identified by the system. That, in turn, could then be forwarded to a staff supervisor, and the person could be contacted very soon thereafter to let them know they were being monitored, that speeding was inappropriate, dangerous, and they should not be doing it. Back with the old system, it was kind of a singleincidentrelated management. With the more Current System that we have now and the way weve evolved over the past 10, 15 years, basically we provide the reporting back to the departments. They can identify the employees. When we did so back in 2017, 2018, as we did a more systematic launch, we saw all departments on the same system. We were able to basically provide them with dashboards and say you have a very high count of speeding incidents; we need to get a handle on this. Please reduce that to as close to zero as possible. It really should be zero when it comes to 80 Miles Per Hour. When we did that, in the two months after that, when we had meetings with Department Heads, we saw speeding literally drop off by twothirds. And it has sustained at that level for the past two years. But it has been tricky to get it down below there. I think with increased focus, with more reporting on it to Department Heads, clear scrutiny by the board, i think we can get that number to be quite a bit lower. Chairman okay. And what about the gas usage in terms of idling . Idling has been a tricky one. The idling date has basically been constant. We have heighted thi highlightes to departments consistently. It was basically sending back inaccurate data because vehicles such, back in the day, hybrid vehicles it confused the system, so the battery would basically be on, and the vehicle would not be running the gasoline engine, but it thinks it is idling. That would cause problems where the reporting was simply not as useful. There were definitely incidences where we would see vehicles that would idle for many hours at a time, and it would be very suspicious. We would look at the vehicle and see it was 100 gasoline, and then we would provide that report to the department, and the department would find that this is a City Employee misusing it, and leaving the car on all day where they were supposed to be working. It was used for disciplinary incidences. With heavy equipment, the vehicle has to be on in order for the vehicle to work. In those cases, when you see idling from a department such as rec park, the idling, as long as it is within normal level, it is not unreasonable. But it is a nuance discussion you have to have with each department and their mixture of equipment and vehicles. Chairman and president yee, if youll just give me a second. Relative to the total breakdown of every vehicle that has this black box, how much is heavy construction . How many . That, i actually dont know offhand. I would have to go back and look at the data to provide that to you. Id be happy to do so. Chairman one would intuitively think that the vast majority of these vehicles are not heavy construction vehicles; they are, quote, unquote, normal vehicles. So id really like to know what the breakdown of that is. Id be happy to get that for you. Chairman because, i mean, i get it. If weve got telemanics in every heavy construction vehicle in this town, how many do we have . And those, i can assume, can and should idle. But police car or the car that is being used by the airport or the p. U. C. Should not. Im sorry. You were on mute. But go ahead. President yee . Oh, who was on mute . I wasnt on mute. Chairman never mind. I saw your lips moving. Our report does have a breakdown. I dont know if you have the actual document there, but figure two on our report and i could pop it up on the screen if you want, but it shows what youre saying. The majority of vehicles that have the Equipment Installed are cars, traditional sedans and pickups, and not heavy equipment. So thats the majority of the vehicles. With the Equipment Installed. Chairman so the idling data must be larger than construction vehicles. That means that traditional sedans are idling as well. Right. They are certainly the lions share of the fleet where this is being tracked, are cars and pickups, so that would follow that part of the idling problem includes those vehicles. Chairman so supervisor peskin, your point is welltaken. And maybe thats why i asked the question about idling. The focus hasnt been really intense around that. And im not understanding whether were improving or not. Because, as you know, idling if you idle a lot, then youre basically wasting fuel, which means youre basically polluting the air. And this i dont know about i cant break it down as well on this, but in other locations, theyve saved people have saved, like, 25 on their fuel consumption just because they stopped idling. So it is something that we should Pay Attention to much more in the future. Sure. For our environmental sake, and also for the budgets sake, in terms of what we spend for fuel. Go ahead, supervisor peskin, do you have anymore no. Please. If you want to speak to the amendments any further, if not, lets go to Public Comment. Chairman well, let me go ahead and do this. As i was saying, the ordinance today is to provide more stringent reporting from the department of vehicles used, and to provide the board a report, including but limits to rentals, takehome vehicles, and fuelefficiency. And as i mentioned earlier, we have already approached our city controller to have a budget line item for rentals, so we could actually separate automobiles that we buy versus rentals. So that we could actually ask logical questions around this. And, by the way, i want to back up a second here. In regards to the leased vehicles, i really wanted to put shine some light on what was happening during the budget process this year. And as it turned out, i was able to do that as much as i hoped for. There was a lot of discussion within the six months that we were able to get this report that the that people were concentrating on what to get out of the budget deficit, and so forth. I tried getting into that discussion with the police department, for instance, and p. U. C. , and it didnt go the too far. Im hoping that in future budget discussions, that that should be a topic and that should be brought up and highlighted. So a couple of things. Before departments lease vehicles for more than 30 days, we want to make sure they submit a report to the City Administrators Office five days in advance, so they dont just go out and lease it. Were asking for an amendment today to provide for emergency circumstances, in the event that a department has to lease a vehicle due to an emergency, they will have up to 15 days to report to the city administrator, but they must also provide a rationale for that emergency. And president yee, im sorry to interrupt you, but is that on page two . Is that page two, starting at line 16 down to line 25 . Is that correct . Actually, i dont have it. I cant find my thing here. Is jen are you on this meeting at all . Does anybody have that information . So i believe that in section 4. 101, subsection 2, youre asking to insert the words if a department determines it is necessary to immediately rent or lease one or more vehicles for a period of more than 30days, to address an emergency, the department is not required to submit a report, is that the language you were speaking to . Yes. Chairman thank you. My only question, and ms. Pearson, i assume youre in this meeting. Im playing ms. Pearson for the day. Deputy City Attorney pearson, as youve been watching the proceedings, is there a way to also include rental cars by each and every department within our Charter Authority . So that may not apply to the p. U. C. It may not apply to the court, but can we do that now . Thats a good question. So you want to expand the scope of the cars that are ce a little bit more for me what you have in mind . And then i think it will be easier for me to answer. Madam deputy City Attorney, i dont think it is an expansion of scope. The scope is the same. I just want to make sure that it brings in rental cars. As you heard previously, it turns out the city has a contract with enterprise rentacar, that is used by various departments for shortterm, oneday rentals at 21 a day, to longterm rentals, and there are some 55 cases that may be over a year. And so im asking if we can include rental cars in this provision. I agree, it doesnt seem like an expansion of the scope of what is being discussed, so i think you can include that in the ordinance. Thank you, madam deputy City Attorney. President yee . So did you want to add some additional language to the amendment . Chairman so i would, but i am not a lawyer. So i would actually like, when the Committee Considers these amendments, to suggest that the City Attorney craft amendments in and around this particular issue and present those amendments in final form when this gets to the full board. I think thats a good idea. Thanks. Chairman thank you, mr. President. Keep going. Okay. So thats the amendment. And then on a monthly basis, i think it has been articulated, but the city administrator will also be collecting reports from the department beyond what is already collected by telemanics technology. And we hope this helps serve as a reminder to departments through them analyzing their data and helping their drivers do better with efficiency and speeding. I want to say that were asking in this legislation for each department to come up with a corrected plan if there is speeding, for instance. And were asking them not to come up with a corrective plan after the problem has been discovered. But were asking that all departments come up with a plan, a corrective plan, within at least 30 days of passing this legislation so that if they run into those issues, they dont have to spend another month or two or three months to figure out what to do. Thats one of the things that i was very firm about. I think there was some pushback, saying, no, why should we do that when we dont have a problem . So thats in there. Were also asking the departments to develop this the main purpose of this is to do education, driver education, and less of a punitive approach at this point. As i mentioned earlier, i didnt want to go in that direction, but that is a direction that you would take if this doesnt work. I know our departments and city workers are carrying out critical work every day to serve our residents in supporting our infrastructure, but vision zero starts with us. Even when we arent in city vehicles, we should all be more careful on the road. I want to say this should be a part of our Daily Culture and practice, if we truly believe in vision zero. So i tried to summarize some of the things we wanted to do to firm up some of the actions we can take to tighten it up and make sure that our city drivers or city workers who are driving the vehicles, whether the city vehicles are leased from other entities, that they adhere to our vision zero policies. Which means slow down and drive safely. Those are the main features here. Thats it for me. Chairman thank you, president yee. Are there any members of the committee who would like to make any comments or suggestions. Supervisor preston. Thank you, chair peskin. I want to thank president yee for bringing this forward. This raises issues you were intending to raise, as well as other important ones by digging into this. These are various issues around potential financial ways for potential unnecessary emissions, and also the safety issues that youve raised. So i really want to thank you for bringing this forward. I would love to be added as a cosponsor. And i did have one question for related to the safety issues, just for mr. Metcalf, through the chair. Im curious. I saw the map that you put up briefly showing where the speeding was occurring im curious if there has been a an overlay of that map with our high injury network, in high injury streets in the city, and whether that has been looked at all or whether that is something that could be easily generated. Hi, this is julian metcalf. Yes, we did not do that analysis, but that is something we could put together. Chairman we can duplicate this file, depending on what supervisor yee wants, or we can have another hearing. I think it would be easier if we duplicate the file because there may be some other changes we can make going forward. I think that would be the most expedient. Thank you for that question, and thank you, mr. Metcalf, for that candid answer. Supervisor safai, anything you would like to add . Just my name says a cosponsor. Chairman oh, my gosh. All right. Why dont we open this up for Public Comment. Madam clerk. Thank you, mr. Chair. We have james from b. P. , assisting with Public Comment. James, can you cue in the first caller. [please stand by] start first and foremost within the city family. Thank you for all three of you for positive endorsement by this committee and i do love that supervisor prestons idea of overlaying the map of speeding with the high injury network. Its a great idea. Next speaker, please. Caller yes, i would like to i am very disappointed like others to hear that theres been this misuse of city funds and most san franciscans get around using transportation with certain exceptions and obviously the city doesnt have ambulances with a few exceptions. Most ambulances in the city are run by private corporations. The other one yeah. Most Government Employees can take Public Transit like most other san franciscans. Baing a disability or infirmity. If someone does need to take a care, we keep on hearing from taxi drivers that they have these medallions they need to pay off. Maybe instead of renting i dont know if renting is more Cost Effective than using a taxi, but that is to consider whether or not subsidizing the taxi industry would be an option. I dont see why the city needs to use cars so much. First of all, i want to say i pretty much agree with everything that last caller said. But, yeah. In terms of telemedics, you know, i lived in utah for a bit, right . Everyone there, all the mormons talk about their missions and they all complain that they all had this device in their cars that would yell at them for speeding saying is check your speed, check your speed. It would say you accelerated too fast. Slow down. It was there to save money on insurance and i i think that, you know, the city should consider Something Like that, something that talks to the employees and tells them to, you know, slow down or, you know, be more gentle with the cars. Not only that, but that would help with actual speeding violations and damages to cars, to city vehicles. That would help us with safety and it would also probably bring down the insurance cost to the city by a lot. There are serp things you can do. Just the vehicles that the city has already and in terms of rental cars, all cars have to have the on board diagnostic support. So, why doesnt the city just buy telemedic devices that can [inaudible] any car. They already make them as they prepare to track their kids. I think that the city needs to look at other options. Thats it. Thank you. Are there any other members of public that want to testify on this item, number one . Operator there is nobody else in the queue. All right. Seeing no o r members of the public on Public Comment, Public Comment is closed. Thank you, president yee. I know we all say this. But for your leadership around this matter. But i think it is actually already making a difference. It is making our City Employees rethink how how they use vehicles. It is not only a vision zero tool but as we learned today, the its also an issue of Financial Financial come up and appreciate that. I do want to note that this is a form of Surveillance Technology and the way you brought this policy forward really ensures that there is oversight and accountability to give us collectively confidence that this technology will serve its purpose and not violate peoples privacy. So, i really want to thank you for the way that you and your staff have structured this. With that, if president yee, you have no more comments, i would like to move your amendments but i would refer to you before i do that, sir. Yes. Please move my amendments and go ahead and duplicate the file. This is as i said from the beginning, this is it takes us a step further in terms of the value utilized from the telemedic and may not get us all the way there and i would love to i welcome others to look at this legislation and see what else we could do to strengthen further. So, thank you very much. Thank you, president yee. First i would like to make a motion to adopt the amendments that president yee set forth on paint two from line 16 to line 25. Madame clerk, on that motion, a role call please. Pointed of clarification is that in addition, also the rental language as well . No. Im going get to that in a second and then duplicate the file clerk. Understood. On the motion as stated [roll call] you have three ayes. Thank you. Then i would like to make a motion to direct the City Attorney to add the language that has not yet been drafted but will be drafted before we send this to the full board or reach the full board with recommendation as it relates to rental cars. On that motion, as articulated by this supervisor, a roll call, please. On the motion as stated [roll call] you have stlaoe ayes. Finally, i would like to downly indicate the file as twice amended and continue it to the call of the chair. The continuation of the call of the chair requires a vote on that motion. A roll call, please. On the motion to continue the duplicate as amended [roll call] you have three ayes. Thank you, madame clerk. Could you please read the next item. Thank you very much. Thank you, president yee. The amendments madame clerk, im sorry to interrupt you. President yee, as you are leaving office and should the voter return me to office, i will continue to champion this area of Public Policy for the next four years, sir. That is deeply appreciated, not only by me but all residents of San Francisco. Thank you, president. Thank you. Madame clerk. On the remaining ballots for the twice amended legislation . Oh, the twice amended matter to the full board with recommendations i hereby move. Roll call, please. [roll call] you have three ayes. All right. Please read item number two. Yes. An ordinance amending the Building Code to require new dro ux utilize only electric power and amendsing environment code to provide public hearings on implementation of all electrical requirement and adopting appropriate findings. Members of the public who wish to provide Public Comment on item number two should call the numbers streaming on the screen. That is 4156550001. The meeting i. D. Is 1467653310, press pound and pound again. If you have not done so already, please press star 3 to line up to speak for item number two. The slm indicate that you have raised your hand. Please wait until the system indicates you have been unmuted when we get to Public Comment. Thank you, madame clerk. I want to welcome our colleagues, supervisor Rafael Mandelman and i particularly want to thank supervisor mandelman for joining me in person in a totally appropriately socially distanced meeting with the Chinese Chamber of commerce last week. And are pete what i said in that meeting. Which is that this is a societital imperative and we have to pass this legislation. There are a few tweaks that need to be made that in no way will diminish or in any way gut this legislation. And were doing that work right now and i really want to thank supervisor mandelman for doing that in a responsible and accepting way and his staff for that. And with that, i will turn it over to supervisor mandelman. Thank you, chair peskin. Thank you, colleagues, for allowing me to come back today to continue our conversation from a couple of weeks ago. As you will recall, this is an ordinance to require all electric new construction for buildings that file for permanent starting january 1 of 2021 with some unlimited exceptions. I have a couple of amendments. I hope well address some of the concerns we have heard, but we have generated i fear a little bit of confusion in your inbox in getting there. So, from earlier today, you will have amendments, including an amendment on restaurants that the City Attorney is not prepared to approve and perform yet. Not that they will not, but they just need a little bit more time. Jacob was in my office a few moments ago and circulated an updated draft from the City Attorney. I will talk about all of them now and then i would actually, although we cannot take action on the restaurant amendment, i think it would i would benefit from hearing your thoughts about that amendment. Thank you, supervisor. Respectfully, im chairing a meeting so im not watching my emails so i have no idea what your staff just sent us in realtime. Ok. I will describe kit all for you. Ok. But first i want to reiterate the context and rationale for the legislation. We know that natural gas is the second large zest gals of Carbon Emissions in San Francisco after transportation, generating 40 of total emissions. We know that natural gas is 86 times more potent than Carbon Monoxide when it is released into the air, which it is constantly as its transported across the country and used in appliances. We know that natural gas is a major Public Safety hazard, responsible for half the fires after the earthquake and for exmotions and ruptures that cause someone to lose their life every 26 days in the united states. We know that running gas in homes and businesses is harmful to the health of children who grew up in households who grow up with natural gas are 42 more likely to develop asthma. With respect to the issues that came up two week ago. First i want to briefly touch on the question of feezability. And this is also in an fa2, which is in your inbox and you all should look at it at some point. Although i dont think you have to now. All electric projects are feezened. Ned feasible. They are happening. They are going up in San Francisco today t including several hundred percent and motor than 30 california cities have already taken steps to limit natural gas in New Buildings. Even though, this is an evolving area and the ordinance allows for exception in any case where an electric option isnt technically feasible for a technical system, including if there isnt sufficient capacity available to a particular site. This exception process is detailed in the d. B. I. s administrative bulletin that we talked about two weeks ago. It is included in the word file. That process includes thirdparty review and d. B. I. Will be required to provide annual departments to the department of the environment on the exceptions that are being granted in case we want to follow up on that. Not to interrupt you, but what prevents d. B. I. From changing that administrative bulletin over time . Well, they put. It has to be regulatorily valid and consistent with the text of the legislation. That legislation those regulations could, i believe, be changed although that is better answered by the City Attorney. Madame deputy City Attorney jenson . I think supervisor manldsleman got it right. Any changes that came through the form of an updated regulatory document by the department of building inspection would have to conform with their jurisdictional limitations. So, they cant change legislation effectively through regulation. Beyond that, you know, they can interpret legislation. And would have to go through a public process of review by the commission and approval by the commission. Yeah. Exactly. This may require much deeper structural reform. Remember that there was a initiative that was put on the ballot many years ago that makes the oversight body over d. B. I. Pretty much outside of the normal realm of city control. I caution you respectfully that this could be undermined and you and i had some very candid conversations, supervisor mandelman, about the legitimate concerns that were hearing and about what i considered to be the illegitimate concerns that were hearing that i believe are being induced by pacific gas and electric and ive been very clear with you about that. But i want to make sure that, as we adopt what is truly profound piece of legislation, the last Department Head left in the middle of the night. We never heard anything about why. It does not have the ability or latitude to run circles around this legislation. Because this fundamentally is a change to the Building Code. So i want to get that right at the beginning. And i think to that, i dont think we can anticipate every issue that may come up and require d. B. I. Interpretation. It would suggest that we should be putting more probably putting more things than we really care about into legislation and i know supervisor preston has raised one of those items that may be deltd with in the bulletin but we can also say in feasibility is the legislation itself so we may want to move more of those things actually into the legislation and not just have them in the bulletin. That is exactly right. Up front, the rules of the game have to be very clear, supervisor. So, i mean, i think we have to really clearly define what is technically infeezable to the best of our ability in a very, very complicated area of law. As best we can up front. Well probably get prepared for the next time this comes forward. I will continue, unless supervisor [inaudible]. Before before with all due respect, mr. Vice chairman, if you will defer to the sponsor, lets hear the rest and then lets go to yourself and supervisor preston. We also hope well talk about restaurants today and i think it bears repeating that this orty nance does not affect any existing buildings and the ordinance provide an additional year for transition time for New Buildings that will include a restaurant space. Restaurant projects will be able to file permits for a building that uses gas for commercial purposes only until january 2022. Before and since the last hearing ive had opportunities to talk with stakeholders in the Restaurant Industry as well as the Chinese Chamber. I want to thank chair peskin for helping to facilitate those conversations and my office has been working with the department of the environment to arrange a restaurant electrification workshop and additional inlanguage outreach. The amendment that i was going to propose today is an amendment to provide a longer transition period for restaurants that have been designated legacy businesses. While legacy businesss are typically located in exist, longtime existing locations, i know were aware of one legacy re raunlt that plans to remain its Current Location as part of the redevelopment project in the next few years. This example made clear that even though the ordinance will have no impact on renovations or rehabs, there may be situations where a longtime restaurant that relies on flame cooking could be impacted by this ordinance. So, what were proposing and is in one of those two documents in your inbox but doesnt matter, is that a new building that includes a legacy restaurant would have until 2030 to file permits that include a gas connection to the commercial kitchen area of the building only. Thats consistent with the mayors commitment to zero emission new construction by that year, while still providing what i think is an entirely appropriate assurance for a relatively small number of restaurants. There are about three dozen today that have been in business in San Francisco for at least 20 years and have been specifically recognized for their significant contributions to the community. But in reality, supervisor, 30 years. I mean, 20 years only kicks in in very rare circumstances. So, really 30 years. Yeah. Yeah. So its an even smaller universe. And if we want to expand that universe, we can talk about that today. And then i want to address the transition issue raised by local 38 in a letter from larry mazola junior dated october 1 which should be im not sure if its in your packets or provided to you, and has not moved forward. But let me i want to reiterate again the ordinance does not affect existing buildings or permits that file. A project that filed permits before the end of this year. So, that represents about onethird of the projects in Current Development pipeline or about 28,000 eye nits and 10 million square feet of commercial development, which is many years worth of projects that are already moving forward and will be under construction for years to come while all electric Technology Becomes better and better and more widely accepted. Nonetheless, i think the issues that mr. Mazolla raises regarding Just Transition are important. I reached out to him and were going to be working on schedule ago meeting to discuss this proposal with local 38, department of environment, d. B. I. And p. B. C. Prior to the next meeting of the land use committee. In addition, i do plan to offer an amendment to establish a clean Energy Building hub in the department of environment which will serve as a Resource Centre for building electrification, Technical Assistance and outreach and education, particularly among centrally impacted communities like low income, nonenglish speaking households and support ago transition to electric equipment by restaurant and other users as well. The amendment creates the programme. We would have to fund it next year. I hope the mayor and the board would do that. But i think it would help to it would help give the department of the environment some of the capacity to get some of this information out to folks who might not otherwise easily access it and then they have questions following adoption to support it. Finally i want to offer an amendment put forward by the City Attorney regarding the application of the ordinance where a complication may arise. The amendment includes standard language regarding the nonimpairment of contracts. This is strictly to clarify that the new requirements would not supersede any language to the contrary and any existing developing agreements. I appreciate the suggestion to clarify and weve included it in the amendments that are before you t. Supervisor mandelman, i am not comfortable with those amendments. Ok. Yeah. I i have been during this meeting, ive been looking at those amendments and i am not comfortable with those amendments. Im happy in so far as you are not you and i are not [inaudible] on this committee [inaudible]. But i am super not comfortable with those amendments. Ok. Well, that is why . That is fair and we can talk about that. And i think im done. Please, mr. Chair. Id like to speak to that. Thank you. So supervisor safai, it is really a function of how much investment has been made in a handingful of redevelopment agencies and, as i said at the beginning of this meeting, i fundamentally believe in this legislation. I think it is an imperative that San Francisco. As weve done in so many ways, leads this region and this state and this country around legislation like this. Yeah, we have work to do. We have work to do with the chineseamerican community that supervisor mandelman and i have been working on. But as of the latest redevelopment areas, this has to be a very, very specific fact case set up as to how much they have invested and how much Affordable Housing or other Public Interest resources it would impact and i need to understand that before i can support that amendment. Which amendment was that . That was the one about the contracts in place . That is the nonimpairment of contracts. Right. But it is not clear necessarily that would even impact the overall outcome. It just gives a pathway at this point [inaudible] into that particular issue as supervisor mandelman doing what we do in this business [talking over each other] i want to have some clear conversations, understand the policy, the policy tradeoffs in and around that issue. That makes sense. I was going to bring that up today anyway. So i appreciate you highlighting that. I want to reiterate supervisor safai, you now have the floor. The floor is yours. Oh. [laughter] i thought you had given me the floor and i gave it back to you. No, there was a question and you got an answer. But go ahead. All right. Can i have the floor now, chair . I already gave you the floor, sir. Ok, thanks. The reason i asked you to go ahead is because i wanted to hear what you had to say regarding Development Agreements and what your reaction was going to be to that. Im going to reiterate some of the things that you have already stated. This is a monument al piece of legislation. I think that theyre subsequent as anything that has as significant an impact as this will have and given the circumstances that we are all under, you know, coming out of shelter in place and not being able to have the normal process of Committee Hearings in person. I think thats important. And i think well get this right. One thing that i wanted to highlight that i have not necessarily heard articulated and i think you touched on this somewhat, supervisor peskin, is that fundamentally this is going to be a significant shift in our Building Code. This is going to have a Significant Impact on the way in which we build and i have no heard, at least to my satisfaction yet, i want to hear from those in the construction industry, not those in the department of environment. Although i deeply respect them and respect their expertise and views. I would like to hear from those in the construction industry. I brought up a simple point to talk about that of the functionalty or the ability of an electric car heater to provide hot water for multiunit property and the person from the building inspection only refered to their knowledge of something that could work with a six feet of building or less. I think there needs to be some more technical. Singers about how this will be. And maybe those answers are already there. Supervisor manldsle mandelman, maybe you already had those in the construction industry. But it would be important to hear that and im happy to have those confessions off line if you want to send them in the direction of having that conversation. Im glad to hear you say that there will be further conversation about the Restaurant Industry. Its good that you are reaching out and talking about different types of shop owner and i think i gave you the example of one of the newer residents in our city. Every single commercial space is a restaurant. And every single commercial space there is there is different ethnicity that uses a fire. And i think that thats an important piece of conversation because we certainly wouldnt want to especially in this economic environment restrict ability for restaurants to be competitive. [please stand by] [please stand by] that will impact the outcome of the overall design or the overall cost of the project or the overall feasibility of the project. I think thats an important consideration and important conversation to have. I believe ultimately the things i want to hear about, more conversation about how were impacting the Building Code and what does that mean in terms of the final decision, if the technology is not available. How do we move forward and who ultimately has the final discretion in those conversations . Because im building a 100unit building and dont have the ability to keep the water, because the technology doesnt exist, whats the process by which i can go through to build the units and provide adequate system. I think those are important points to consider. Ill come back to sort of the comments. Thank you, mr. Chair. I would like to actually condense your questions and comments. But that would be really difficult. Supervisor mandelman. Do you want me to summarize them very quickly . Supervisor peskin yes. Yes, then supervisor mandelman can answer them. One is in terms of Development Agreement. Supervisor peskin you already spoke to that. Right. Supervisor peskin yes. Go ahead, next. If someone is applying for the technology does not exist, id like to hear more. Supervisor peskin so that notion of infeasibility, thats what youre tie trying to express . Correct. Correct. In and around the discretion of d. B. I. And how thats controlled and i actually brought ms. Jenson in this meeting and discussed that as well. Okay. Shes already articulated that. Supervisor peskin no. Its going to require further legal research. Okay. Okay. And then finally supervisor peskin i expressed my profound concerns with. That was item number 1. Finally restaurants and were going to have further conversation about that. Supervisor peskin that is correct. All right. Thank you, mr. Mandelman. I have got a bunch more items and then ive got a bunch of stuff going on this afternoon. So supervisor mandelman, the floor is yours. Supervisor mandelman okay. Ill talk a little bit more about that. We didnt fully flesh out the Development Agreement conversation. We probably should. And you may even want to have conversations or you may not. You may want to have folks have conversations either in this hearing or offline with the folks from oewd. There are a number of Development Agreements out there that folks in the economic and workforce development, the Mayors Office, as well as the developers themselves have concerns about how the legislation impacts their project, under the Development Agreement. And weve had a couple of meetings now with city staff, who have urged the inclusion of a number of amendments. But the principle that they would like, i believe, to have us adopt is the idea that for a project for a set of or a project under Development Agreements, where that project is phased, and where the application has gone into the first phase, that the first phase be exempted from the requirements of this legislation. Supervisor peskin can you like just tell us what the universe is, which is the shipyard, Treasure Island . Can you articulate . Supervisor mandelman candle stick. The hope stigs projects. And the request just struck me as rather broad. And i have asked for more clarity around what are the costs, whats already been spent. Whats the time you know, whats the