heard from him he intended to discuss that with his neighbor. commissioner fung: that is not the first time we have heard it at this board. commissioner garcia: i do not think we have the authority to require the appellant to pay something. i hope that when they go out, they will have some discussion, realize the board is reluctant to have the offense day as it is, knowing that ms. fleming offered to pay for an alteration. for you all to discuss that, you have two weeks to do that, and what this board would like is if you would come back and present to us a compromise that was reached and we were not required to have any more deliberation or get overly involved over neighbor issues. commissioner fung: if there is no compromise accepted, we will have to deal with it. vice president goh: two weeks is november 3, and we have

something like 12 cases. november 17 we have 10, and i think a couple of those are big ones, right? i mean, we can put it to two weeks, but we are continuing a case to a very late night and we could also just take a vote and see where we land. commissioner garcia: why don't we give you the holidays to mull it over? president peterson: while ms. fleming is living with the shadow of lawn? commissioner garcia: we are going into the wintertime. we are trying to help you out. we have upset the permit holder and i think the permit holder is asking the commission -- president peterson: i want to make a recommendation. i am inclined to adjust the fence with latticework and have the permit holder pay for it. every time you come up, that is where i am more inclined to go.

you are welcome to come up if you have something to address. vice president goh: i agree with the president. >> commissioners, i might add that if the parties to reach an agreement prior to the date to which you can continue this matter, they are free to include in that agreement that the matter be withdrawn. commissioner garcia: sorry to go so far out, but i would recommend that we go further out, the we go beyond the holidays and hope that in that time both sides, or at least the permit holder, has calmed down and realized this is her neighbor. she is going to be a neighbor hopefully for a long time. that fence is a considerable intrusion on her enjoyment of for yard. is that all right, commissioner fung, for your motion to go all the way to january? commissioner fung: i was thinking we could move it to

december 8. our caseload is not that great. commissioner garcia: i would certainly go for that. commissioner fung: i will move that we continue this to december 8 with the understanding that some discussion occurs. if a compromise cannot be reached, then this board will deal with this. >> to be clear, there will be no additional briefing or additional testimony other than a response on how the settlement negotiations have proceeded. commissioner fung: that is correct. president peterson: if you could call the roll on that. >> the motion is from commissioner fung to continue this matter to december 8. the hearing is held and closed to allow time for the parties to conduct settlement discussions.

no additional briefing. unless they have a planned compromise. on that motion, vice president goh? vice president goh: aye. commissioner garcia: aye. president peterson: aye. >> commissioner hwang is absent. >> there is no additional material before the board this evening. president peterson: then we are adjourned. thank you very much.

commissioner fong: good afternoon. calling this meeting to order. >> [roll call] item two, approval of minutes for the september 28, 2010 meeting. commissioner fong: all those in favor? suppose? ok. >> item 3, public comment on the executive session. commissioner>> i move to reconvn session. >> second. commissioner fong: all those in favor? >> i move that we disclose the agreement with the ferry building partners in the amount of $46,230, and i also knew that

we do not disclose anything else discussed in executive session. >> second. commissioner fong: discussion on that? all those in favor? >> please be advised that the use of cell phones, pagers, and similar electronic sound- producing devices are prohibited at this meeting. the and priced that the chair may order the removal from the meeting room of persons responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic device. the advice that a member of the public has up to three minutes to make heard of public comments on each agenda item unless the port commission adopts a shorter time on any item. executive director's report. >> good afternoon. i see a lot of friends and colleagues here today, still undecided -- delighted to see that. i have a very short report but one of the most important ones, and i want to start by talking about fleet week.

i'm sure all of you have heard that it was a tremendous success. the ford has had all kinds of feedback leading again into today for tenants and participants and the maritime community as a whole that were completely thrilled. as you know, the mayor appointed general michael my it to be the new committee chair, and he has just been outstanding. he is rather unassuming in person, but let me tell you, in the military community, he is quite the rock star, and it does not hurt to have george shultz also being part of this community. as a result, we have been able to welcome this year nine vessels as compared to one to three the last several years. i do not know if you saw in the paper, but i was present when the mayor was making his

remarks, and he was nodding the fact that there were nine ships this year, and senator feinstein reminded him that when she was mayor, there were 13, so we have something to shoot for next year. she has given us the challenge, and hopefully, everyone is up to it. general myatt and the committee were supported by a tremendous number of people. they are to be commended, and we would very much like to have them here at a future commission meeting so we can give them the accolades do to them as volunteers. today was just a little too tight. they are still putting fleet week to bed. i do not know if you happen to see any of the clippings, but the amount of press on fleet week was exceptional, and the photographs coming in are just amazing, particularly of all of the people that turned out at the shoreline. as if you probably know, thanks to the san francisco fire department, the fireboat led the

way. we had the uss curtis, the mcm pioneer, the mcm chief, teh hmcf white horse -- those are her majesty's canadian service, in case you were wondering. we also had the uss mincon island, and she departed today looking absolutely brilliant. there was a huge number of people who came to the waterfront to visit the ship as well as to interact with all the military personnel that were here. we have not just the navy but the canadian services as well as the coast guard men and women. and the marine corps. as i said, it was an amazing turn now. all the marinas and yacht clubs along the bay were completely sold out. there was a terrific collection

of vessels out along the bay. most of the tugboats that i could see, a plethora of sailboats, hijackers -- you name it, people showed up. -- kayakers, you name it, people showed up. of course, we could not have made it possible without the dedication of some tremendous city and port staff. the city staff was led by marc cohen and matthew godot -- martha cohen and matthew godot. as you may know, this past thursday, when the uss macon island was here, part of the

commitment to fleet week was to get all of us first responders together aboard the ship, and we have all of the major generals -- general hon from the navy, admiral brown from the u.s. coast guard mason brown. we had a general from the marine corps as well as their deputies. we had region 94 -- 9 for fema. we have the heads of departments of emergency services at the state and local level, and it was an incredible gathering of people who speak one language, which is disaster response. so that was really terrific. then, the st. francis yacht club hosted all of the military brass for the freight the ships, which they did as a donation, so it has been an outpouring of enthusiasm.

the reviews are incredible. lastly, i would say that thanks to sydney and michael, we were presented by admiral hunt of the navy this tremendous plaque, so things are looking really good for fleet week. if you add that on to the great work of the san francisco giants and all the cruise ships we had in court last week, it has been a tremendous time for our waterfront, and the port could not be more pleased and gratified by the support of all of our partners. with your support, i would very much like to get the general and his team as well as several of the other members i just named to come back and be properly acknowledged, hopefully on the meeting on the 26. the second item is -- maybe i'm little less enthusiastic about -- where did you go? there you are. which is that our friend and colleague, paul thayer, who has served for quite some time now,

has decided to retire from public service after a long and illustrious career. call has been the executive officer of the commission since 1999. if you think about that, that really has been the era for the port of development and rehabilitation of all the waterfront, so nothing has been done could have been done without all support. as you probably know, the state lands commission has the very difficult job of interpreting what is exactly the public trust, what it means for the state as a whole, and how it can best be applied to san francisco. i have to commend you and your entire team and being willing to work with us, being able to think creatively. in the time i have been here, and i have to say i think you were one of our first partners that really understood the crossroads that the ford was at in terms of its future, and you step right up to help us, and

i'm really grateful for that. it means a lot to me personally, and i hope you will counted among your many accolades and legacies that you are leaving for all of us. hall is the only person i know that kind referred to himself as a bureaucrat. for the rest of us, that is a four-letter word we do not really appreciate, but he says it with such love and endearment. he has had a long tenure in public service. paul always had a great perspective of the role of the legislature in defining and administering the public trust and brought that to all of the activities heated, specifically on behalf of the port of san francisco, so with respect to the pork, some of the project he has been involved with include the ferry building and the downtown ferry terminal.

pierre 3032, bryan st. pierre, which was -- pier 3032. pier 70, which will mean all that it could for future generations, and could never have accomplished all of that without you. just in case he had any spare time left, he was very much of golf in the oil exploration off the coast of santa barbara, which we greatly appreciate. and one that i really like, which is the recovery of money from the city of l.a. that belong to the port of l.a., so that is a very important piece of case law that we rely on every now and then, so we appreciate your stewardship in that. so i'm happy for you, very sad for the rest of us. thank you for your friendship,

your leadership, your creativity, and most of all, your dedication to public service. >> it is my honor to present you with this flat. really moving forward in all the future projects and laying groundwork and foundation for that, so i thank you and the commission finds you. it reads, "with gratitude and friendship, from the port of san francisco, october 2010." [applause] [laughter]

>> i'm happy to report this is the first time that paul has had to come to a port commission meeting. i told you how good he is that what he does. >> paul, brad benson, port staff, special projects manager. i want to say what a great honor it has been to work with you. i had the good fortune to start working at the port with monique and noreen ambrose, who was such an expert, and it was through her tutelage and your amazing

patience and the patience of your staff that i came to appreciate all of the common law principles that really guide the port in our day-to-day activities. it is really a very rich history of law. i think we are really serving the public in some extremely important ways. i just want to apologize that we are always coming to you seeking special treatment because that seems to be what we do in san francisco. i think you brought to the job a very strong environmental ethic. i know that had to be the case, and i did have a chance to work one of byron's reelection campaigns, and i know what a great guy he is. i know is that reputation and the reputation you have built at the commission, it was really with your concurrence that we were able to get through some of the things monique spoke about.

this most recent bill is going to mean so much, so you were firm and fair and always listened to us patiently, regardless of the crazy ideas that we were bringing your way, and i just want to thank you so much. [applause] i do have one card. >> [inaudible] >> [laughter] >> i hope you will forgive me if i turn my back on you and i just fall directly. -- by address paul directly. i am an attorney, and i have worked on most if not all of the projects in one way or another that monique just mentioned. that includes the ferry

building, pier 1, and the rest. as some of you may know, in a prior incarnation, i was the executive director of dcdc, and i thought i knew something about the public trust. well, i still think i know something about the public trust, and i will say at times, paul and i have disagreed about the scope of the public trust. but i will say this -- in all the times that any of us have ever worked with you, never have we had a speck of doubt about your integrity and commitment to the public, and i want to salute you today for that publicly and privately and thank you for all the good work you have done on all these projects. you have given us a waterfront i think we can be truly proud of. thank you. [applause] >> thank you.

i'm also going to ask permission to address my comments to paul. fall is also -- paul is also a dvdv -- dcdc commissioner. they have spoken a lot about the quality that fall brings to the job of pragmatism and listening and also an open mind and trying hard to reach across the table and try to understand the other person's point of view, despite some of the differences with what the trust means. they also have to grapple with difficult decisions about how to use entitlements. as we have said often, there is lots of good reasons that we have not even heard yet for filling the day, but it is a

challenge, and you met it with grace and charm, and we really appreciated working with you, and our work together started some time back when you were working with byron and taking an idea that was born a bcdc strategic planning retreat where the idea came up of treating a bay conservancy, and that was made legislation, and now, it is a program that benefits the san francisco bay through the coastal conservancy's program. we also appreciate your work on california coast, on the projects that monique mentioned regarding offshore oil development, and as a giants fan, i appreciate if you seeing the way clear to allow us to sit in the cheap seats with the great views of their of san francisco bay, and we wish you the best of luck in the future. thank you very much.

[applause] >> thank you, commissioners. i just echo everything everyone else has said. there has never been anyone who has worked on the issue of the public trust that has been more a staunch defender of the public interest than you. i know we have not always agreed, but we have always striven to reach agreement. back in virtually every case, we have managed to do that, and it has been to the benefit of the public both here in the city and also the people of the bay. i hope when you come on your many post-retirement visits to the city you will look around you not only to the places that monique mentioned, but also she forgot to mention hunters point and treasure island, some of the

most important projects in the city today, and you will see your legacy and the legacy you have let people in the state, so i want to thank you, and i wish you all the best in the next phase of your career. [applause] >> development director for the port. yçxdçpaul as well. i came to the port about a year after you came, so all the developments here i have worked on with paul. i also worked on treasure island and hunters point shipyard before i came here, so you could not get away from me, i guess. i also wanted to acknowledge that just from a hands-on

perspective, the planning development staff worked very closely with you, and all of our projects started with the same sort of process. we would come to sacramento, make a detailed presentation why the project was consistent, and you would say, "no, it is not." [laughter] but you would then say, "explained the trust from your perspective," and we would begin a lengthy process that always lead to a very successful process and a project that was eventually trust-consistent. projects like the fairy building and soon to have a ground breaking, the exploratory him. so thank you. [applause] >> planning and development division as well, and i'd like

to follow on fire in closing remarks, and everybody else's, for that matter. we would have the experience. -- i would like to follow on byron's remarks. a lot of the problems were not known upfront. san francisco has thrown so many weird situations into the public trust discussion where you really had to think the new many times over yourself. it was not like there was a formula in the book and you could tell us what your sage advice was, but there really was a creative process that had to go through each and every one of these projects and legislative proposals, and that is really what governance is all about. especially when you're dealing with something that is so ancient. it is also rare. for the and the other legacy you

are leaving is an incredible staff, which is also something that is rare in governance. the succession planning so the you handed down the benefit of your insights and wisdom so that that could be carried forward, and i think it is going to be the ultimate test in here -- pier 70. i'm not sure you have others to carry the same issues we throw toward you. we appreciate your time and attention. so thank you very much, and good luck. [applause] >> any other public comment? i think the mike is yours. >> thank you very much. the state lands commission has worked up and down the coast, but i have roots that go back a long time here.

my family on my father's side goes back. both my mother and father graduated from uc-berkeley back in the 1940's. as a result, when public trust issues came up in san francisco, i was much more willing to come down here, but do not tell them that. thanks very much for this honor. this is going up in my study and certainly will remind me of the whole team that has worked on public trust issues, and i want to emphasize the point that although there is a lot of discussion, ultimately, that is why we have the waterfront, so i have to give credit, as others have, to what a fabulous staff we have to people who work on the issue for a long ti