noted who the applicants are and an opportunity for public comment. within that process of the full commission, i would imagine if we had a complaint lodged that that's where it would reside. i have never had a complaint lodged so i don't actually know what the process would be. there is again between the committee meetings which approves the panel recommendation, it goes to full commission. that full commission is also an open notice with the agenda published. so, i don't actually know the answer to your question about if there were a complaint lodged, what that process would be. >> commissioner vetore

>> vietor. >> there is a difference in the process in regards to public comment. >> city attorneys office. i think that's correct. the administrative code has requirements with respect to protesting contract procurement process. there are no city ordinances mandating a specific protest opportunity for grant. it would be up to the granting department to provide inform -- for that. but certainly public comment would be due process for that to occur. >> commissioner torres? >> council, back to you, under the administrative code the

grant producing agency would be the repository for a protest? >> the administrative code actually at this point does not specify any required citywide protocols for grant making. >> so if an agency receives a complaint, that agency can ignore it or does it have to act upon it? >> they have a process by which they would award a grant and then they would themselves determine whether or not the complaint warranted redoing the grant award. >> the witness has testified or stated that there were no protest otherwise you wouldn't know what to do with it if you

had received one. >> that is correct. >> so why is it that we are receiving all these complaints when we are not determining how to grants are awarded and you are not. the bayview community who had a problem with the way these applications were reviewed and funded should have come to you to protest. >> it seems from what the city attorney is saying, the funding was distributed through a process closely followed by the san francisco arts commission based on our best practice and i imagine this is from the san francisco arts commission to the organization. >> the arts commission, i'm confused, who r you? >> i run the arts education program. i am a staff member of the san francisco arts commission. >> you advise the arts commission?

>> the commission itself takes the panel recommendation. if there is a complaint or if the commission feels in someway that decisions were not made to, that they felt followed proper protocol then the commission would take it on as a body. >> would it be proper protocol that applicants that applied would receive a grant? >> i'm not sure i understand. >> of all the grants that were awarded how many were eligible? >> all of them. the organization were for those that resided in the bayview hunters point community. all access are delivering programs in the bayview hunters community. >> i believe i heard that none

of them were active in the bayview hunters point community. >> you never received complaints from anyone. single family house -- i have received no formal complaints. we received one as far as the sunshine question and we responded to in a timely manner. >> i'm confused because i'm hearing how unfair the process has been and no. 2, nobody in the bayview community received a grant and you say they were in fact all of them. >> all of them were. the requirement of the application is that you had to be' resident of bayview and all programs take place in the bayview

community. i regret i didn't bring you a map that showed you the location of all these communities. >> i didn't need a map. i just wanted to be aware of the process is. you should be receiving the complaints. >> so if i have a complaint or questions about how the process was run and clearly the ultimate decision, i would talk to you? >> correct. >> how would i know that if i had not been sitting here talking to you? >> i think what you are speaking to is an interesting point. if you go back to the statistics, a large number of the plate -- applicants were first time applicants to the arts commission and with the city arts grants program it takes a while for first time

applicants to learn the process. >> you don't have a teaching? >> we had a workshop. two workshops. >> part of the workshop did you have information about complaints? >> no. >> i think it's important because we have that in the puc about a grant. people know where to file their appeal or protest. that's not the case here. >> no, we certainly all of the plate -- applicants get a letter telling us when the plan is reviewing it and they could come. it's a learning experience. to my knowledge, the applicants know and it's in the application that it goes from there to committee and from committee to full commission. but, no, we do not specifically spell out what

happens if they don't get it. >> i think you should. >> thank you. >> no. 2, i say that with all do respect. >> i appreciate it. >> getting back to the comments, is there is going to be a second round of $100,000 funding? >> yes. are all the applicants prohibited from applying? >> no. we have not set the criteria or guidelines. historically no, we do not exclude. >> so no applicant that was excluded would be excluded from applying again? >> correct. >> thank you. >> i have a couple quick questions, just to piggy back on commissioner torres comments. i appreciate that you are opening to making slight changes to how you administer this program on our behalf, right? because i think that if it's not really something that we are in a position to take action on, then i think we miss

an opportunity. i think commissioner torres comments when you do those workshops you inform the applicants if they are going to be successful in securing that funding that there are opportunities where the commission votes to adopt those recommendations and let out the funding or after the fact instead of us having this conversation here. we are going to hear from a number of speakers and the public and my position may change. >> commissioner? >> i would be happy to share. my day job is at the san francisco foundation and we run 42 grant programs every year. so we have a lot of, our foundation, i would be happy to provide resource and information. we have an open application process in 5

counties and everyone has an opportunity to apply and not all get grants. we have an open door policy and peak ask why and we try to provide this em with additional support and i would be happy to provide those procedures if necessary or desired . >> commissioners, if there is no further discussion, i'm going to call public comment. i'm going to ask that we respect each other and try to stay within the timeline for those of you who use 2 minutes. i would ask everyone to use 2 minutes. i will go ahead and start with you, doctor. >> thank you so very much. i would like to start off saying that when you all set up the task force for the digesters, i

was one of the those members for the task force and when something is brought to our attention that something is built 2 feet above the ground, it goes to the arts commission. i requested that. i requested that 10 percent come to the southeast sector. i requested that. and when i went to this meeting, and i asked the question. that meeting, i'm going to be there. i ask that i receive copies of all the organizations that are supposed to be in my community. i live there. i know the people there. never got it. let me say this to you. 10 percent was not asking very much because i felt when i heard, where is the money coming from. when they said puc, i said, oh, you are

nothing going to get nothing and you that have been working in this community for the last 40 years are not going to get a dime. people brought up in that community. they don't get nothing. nothing. i told them, what did i tell you? i want you all to be concerned about our area, hunters point, arts group. give the money to us. don't give no money to the city. we can do our own stuff. we don't need your help. give it to us. give us a chance to do what we want to do and not you come and tell us how you want it done. thank you. >> i have a question. so you are saying the applicants don't really live? >> i got upset when i found out that puc was giving them the

money in the first place and not giving it to the community. i got upset, sweetheart. >> i just want to point some clarity to this. 2 percent of any of that work is not the question, the question is that the 2 percent of money that we've already contributed on the water side, you are saying that the 2 percent that would normally go to the spider or buddha head be redirected to the community. so the work that money was not received by the community at all. so we are redirecting it to the community so the community has the opportunity of getting these funds. that's sort of the direction that we wanted to move the program. i understand that out of 23 firms or companies or non-profits pursuing it you only get 10. therefore there is an issue that you have some winners and

losers and they are concerned about the process. i do agree that since now we are making funds available because we are directing funds that were not available that we are already giving to the arts commission and making it available that we probably need to understand that the community really has a great need and we need to make sure that a process is in place for the ones that are not successful and they understand the process and they have an opportunity to be given feedback so the next time they are better prepared. >> i would like to add to that. we had a discussion quite some time ago about the fact that we were contributing money to the art commission and we had no say so over how that money was being used. i just don't ever think that a spider represented anything that has to do with puc. so that has been changed,

i have been told. i think that we have to move forward, but knowing that we don't have direct control over it. we just have the responsibility to contribute 2 percent and i don't think we can contribute 10 percent. >> oh yes you can with 7 digest coming into my community. i think you woah -- owe that to my community. >> i agree with you. >> did i hear the money we are talking about here is resip money? >> the money is part of the arts is about 2 percent of above ground construction. above ground for everything. if you look at how much money we

contribute to above grounds, the majority of it, we sip project. >> okay. do you have an estimate as to what 2 percent of that ground is to be? >> i don't know. do we have any idea? >> 2 percent. >> it will be a chunk? >> yeah. >> in some ways this is a really good time to get the process issued rolled out and solved so when the substantial funding comes forward that process is something we all understand and agree to. >> yes, again, i just want to emphasize that the two 2 percent we have to give to the arts. and we are leveraging that and having that spent be

spent into community. >> commissioner? >> it sounds like the process was a good process. it was an open process and some variety of applicants that came forward and it's an open process. anyone can apply and then there is due diligence to make sure the money gets done and that can change when there is no monies available, it might be a different group that applies and emerge and they need to have 5013c status and they need to have the capacity to do the work. so i don't know about process improvements, but i agree that now would be a good time if there are improvements

that we as the commission or the arts commission would want to look at and improve upon. i just want to make that comment. >> mr. torres? >> the current process we have here, mr. manager that if i'm a contractor and i want to apply for a contract with the puc and i feel that i have been unfairly treated or the competitor shouldn't have gotten the bid, i should have gotten the contract, who do i go to appeal? >> this is a construction rfp which is different from a grant. in those situations we have spelled out in the contract or the rfp or bidding process, a process for an appeal. it's sort of a due process. we have that in our contracts and they have opportunity to meet with staff, to resolve those issues or they actually have the right to come to the commission and be heard

when you apply on the issue. >> i know that francesca have had non-profit experience and now dealing with the stem cell agency. even though we think scientist are pretty smart folks and we have a process and very detailed appeals process because the industry pharmaceuticals are upset because most of the funding is going to stanford and for a lot of reasons and not so much the science but also how you write a grant. it's not that these are communities in the non-profit field. everybody needs a little education as to how to write a grant and nuclear -- in writing a grant. we have done that with the stem

cell grants. that maybe something that -- in the end of the day it's not our responsibility, but yours. also helpful in realizing these people need to know how to do this and should be done in a workshop. >> we did that in the library. one of the things we are considering is an opportunity for some learning and some professional development so folks who are in many instances a first time grantees, that we can provide support for them. that would benefit everyone. i'm incomplete agreement with you. >> commissioner caen?

>> what is the process for how to money is being used? do they have to get approval from us, is someone looking to see how they use that money, and also is it a written agreement, a written understanding. >> good afternoon, my name is laura page, i manage the funds for the puc. part of my role is to ensure that all money spent coming from puc 2 percent enrichment dollars is in alignment with the community. every dollar spent on our arts commission has been vetted throughout puc and we've also recently inaugurated an arts

steering committee. so all that comes in the arts commission, we run that through our arts committee which is made up of members of all six departments of the puc, all three enterprises and business service units. that's something that we are absolutely taking your point from before my time at the puc around the importance of the alignment around our goals and mission. that's something we do and i work very close with the arts commission in the community arts program as well as the arts program. >> what i want to illustrate again is that without our coordination with the arts commission, the communities probably wouldn't have opportunity to receive any of these funds. so now we are making it available and of course it is not enough. so you are going to have people really want to get this process in a way that they can provide some

input. >> my last thought on the item is i heard some great thoughts from my colleagues, especially commissioner moran who honed in on the fact that it's highly likely that these denominations are going to come much greater and quickly and the arts commission is more than willing to consider some of the ideas brought forth in this commission including safeguards and notice components and most importantly actual effort to assist some of the plate tectonics -- applicants in the grant writing process because we know that some of these folks are professional grant writers. we want to even the playing field. i know that's how we do business here. we want to be cognitive of that and make sure you have the even

playing field in opportunities there whether you are all staffed up or not. i would hope that we can somehow get beyond the art commission is considering xy and z and we actually have representative from your body coming back and saying we have actually implemented the following changes based on the coverage that took place on whatever day is today. is there any other comments from the commissioners? >> then i'm going to call public comment. as i stated earlier i have some cards in my hand. this first call under the general managers report will be strictly related to item 7a. can i start with larry ware? >> good afternoon commissioners, my name is larry ware. i'm the founder of the

poetry program i started 35 years ago at the bayview library and started the african american history program 40 years ago. i was the last unsung hero at the program and honored laureate for my work and i was honored for the city and the mayor elected someone else. now you know who i am. i have known this gentleman for the last 50 years. i have the video of his mother and ed rub ins who was nominated for the pulitzer prize. and -- i have known her. anyway, i think this gentleman deserves considerations for one of these grants coming up. i have worked election polls and in 1957 and

i have been part of the community. when i started the poetry programs, the african american history program i funded that out of my own pocket without any help. the friends of the library have contributed a couple hundred dollars every year and the poet like the christmas song, nat king cole and debra mason and janet, they have been in programs with me. i was also commissioned to write a poem to david gillespie and unfortunate he passed away. i have been m programs involve the greatest singer james brown and the foundation. i have been teaching poetry and creative writing over 45 years and music

history and music appreciation and i need further funding myself so i can further do my work. music is the universal language and open up the greatest vehicle for communication. i would like to see serious consideration given for a grant to mr. williams for the wonderful work he's doing. and thank you very much and happy thanksgiving to everyone. >> did you apply for this round? >> no. i will apply because i can use it. it's not about me, it's about the community. i got the track record and the work. i want to see, when we came up as kids, we had a safe pass. i

have seen the city council members through the library and i worked with the history preservation project. i'm actively involved in the community. my father is the chaplain for the sheriff's department and the jails. take the kids out of jail and a keep them in school and i have been a positive influence for the young people throughout the city through my poetry and music appreciation. >> thank you. >> thank you for being here today. the next card i have is from mr. kevin williams. >> good afternoon, xhirgs. --

commissioners. i would like to thank you for having taken out the time to place this important item on the agenda. but you have been miss informed again as to the truth of what is happening with the bayview pilot program grant and cultural arts fund. now, there are two components. one of them has to do with the rfp process and this is an rfp process. you can call it a grant or call it whatever you want to call it. i do believe that the issue that commissioner moran raised is a critical issue because there was not a clause for protest. i have done thousands of them.

it's a grant, but there is a solicitation, a competitive process. so, the standard of review if we were to look at this from the vantage point of civil code procedure section 109.5. there must be a determination as to whether or not the agency proceeded as required bylaw. and in this instance, it did not. why? no protest period. no. 2, all interviews. have you heard of a process of selecting engineers to build a bridge where there is no interview. indeed the panelist who are involved to make the selection has to