would like to send this item to the full board as committee for consideration on march 12? >> yes. is that okay? >> yes. >> thank you. okay. so, we are moving this to the full board. item 2, madam clerk. >> item number 2, motion approving/rejecting the mayor's nomination for appointment of ellen johnck to the historic preservation commission, seat no. 5, for a term ending december 31, 2016. >> i believe ms. johnck is here today. please approach the microphone. good afternoon. >> you can move the microphone down if you'd like. good afternoon, chairman yee, supervisor breed, supervisor cohen. it is my honor to speak to you today and ask you for support of my appointment tothe historic preservation

commission, seat no. 5. i believe my background and experience meet the criteria for the preservation professional position in land use and community planning with specialized training in historic preservation. i have entitled the current chapter in my life and career as a parthenon project. my epiphany at the parthenon in greece inspired me to go back to graduate school to pursue a degree in archeology. my historic preservation train is through my master of arts degree and cultural resources management, or crm, at sonoma state university. crm is a specialized area of archeology which covers training in several subjects, including, one, the national state and local laws for cultural and historic resource preservation such as the national historic preservation act and the national environmental policy and

california environmental quality acts. two, historic architecture significance assessments and national and california register eligibility reports. and three, pre-historic and historic archeological survey in site investigation methods including data recording, evaluation and report writing. my experience in historic architecture includes the survey and research for a historic district nomination to the national register of historic places and as project manager for the current historic american landscape survey at china camp heritage village in collaboration with [speaker not understood] of northern california and the california department of parks and recreation. based on my crm [speaker not understood] i was invited to develop and teach a new inter disciplinary course at the university of california berkeley's extension department of landscape architecture. entitled the cultural landscape preservation and sustainable practice.

the course studied landscapes such as our san francisco harbor and how it is nurtured the social life, enterprise, architecture and community of the city. ~ as a san francisco resident since 1967, i have over 45 years of professional work and leadership in land use, planning, and environmental public policy arena. i have been involved in the writing and implementation of legislation which established the pre-imminent environmental institutions of today. such as bcdc, california coastal commission, state and regional water boards, state and federal environmental protection agencies, and local state parks such as the golden gate recreation area. i've held positions appointed and executive positions at these institutions. [speaker not understood] moving projects and [speaker not

understood] by the community providing a spring board into the future. in conclusion, i believe my background in philosophy will be a [speaker not understood]. my goal on the commission is to build greater public awareness of the value of the rich diversity of the city's cultural history [inaudible] buildings, sites, landscapes and community. i'm happy to answer any questions you may have. thank you. >> thank you. any questions? seeing none -- >> i have a question. >> okay, supervisor cohen. >> if i called your university, would they tell me that you're -- [laughter] >> this is very serious, don't

laugh folks, it's serious. we need everyone to be truthful and honest. okay, thank you. >> is there any public comments? you have two minutes. good afternoon, supervisors. i'm dee-dee [speaker not understood], director of public policy for the san francisco chamber of commerce. the san francisco chamber of commerce representing over 1500 local businesses supports the appointment of ellen johnck to the historic preservation commission. ellen's background clearly meets the criteria for the preservation professional position and land use and community planning with specialized training and historic preservation. ellen has extensive san francisco planning and policy experience. she's been a leader in the public policy and land use arena, not just in san francisco, but in california and nationally for almost half a century. graduate training in cultural

resources management, she fits the criteria for a seat on the commission. the san francisco chamber urges the board to support her appointment. thank you. >> thank you. ♪ you are a woman hear you roar and more -- and when your item's on the floor until you see your city understand yes, you can and make the city shine yes, you pay the price you can do anything you are strong you are invincible you are [speaker not understood] on history

mr. chair, supervisors, i'm jim hatvthv. i'm here to support my friend ellen johnck for the hpc position. she and i served many, many years for decades on the rincon beach advisory that saw the development of the south beach neighborhood and the ballpark. ~ you also may know that i'm a member of the city hall preservation commission and hold a building preservation seat. i was appoint today that by mayor newsome and was reviewed by this committee sometime ago. my -- in spite of my 40 years involvement with preservation and 30 years with civic center, there were questions raised today about my qualifications. supervisor campos was the chair and had to spend a good deal of time with me going over that. and when he was done and read the 150 pages i gave him of documents, he couldn't figure out what the problem was. the moral of my experience, and

i think is relevant today, is that with preservation -- you can come to preservation from a whole variety of experiences. it isn't one narrow thing, like being a nuclear physicist where you have to be licensed. and there are many, many ways of coming. and i think ellen johnck's experience, both with her years of experience involved with the bay and her more recent experience with archeology, it is going to be a great benefit to the hpc. i don't know if there has been an archeologist on the hpc in the past, but that's an issue that always comes up in buildings. so, i urge you to use this opportunity to appoint someone who is well balanced, who is going to take into account the needs of the community and the property owners and be very diligent as a commissioner. thank you. >> thank you.

seeing no more public comments, public comment is now closed. we're going to have to go through the same thing again as the previous one. where the agenda read approved/reject. so, colleagues, can we have a motion to amend the motion to confirm the appointment of ellen johnck to the historical -- historic preservation commission? >> so moved. >> second. >> second, okay. so, do we need to vote on this? no, okay. so, we'll move this. now, colleagues, is there a motion to move forward this appointment with recommendations to the full board and can we do this as a committee report? >> so moved. >> second. >> move out of committee with recommendation. thank you. congratulations. madam clerk, item 3, please. >> item number 3, motion confirming the mayor's appointment of mel murphy, term ending may 1, 2016, to the port commission.

>> i believe mr. murphy is here. mr. murphy, please approach the microphone. good afternoon, supervisors. >> good afternoon. first came to san francisco over 40 years ago, was welcomed with open arms from native san franciscans. it is an honor to be considered for the port commission. [speaker not understood] i have a pair of glasses. having a problem finding them here. got them. by the way, i had to borrow these. i forgot mine. it is an honor to be considered for the port commission that manages miles of bayshore stretching from high street over to the indian basin into south with more than 600 acres

under its jurisdiction. having been to korea in real estate both as a broker and developer, working on projects as large as the alaska pipeline to as small as victorian restorations, i'm very excited to be considered for the port commission. there are many aspects of the port commission's business that interest me, but in particular interest is a development lot 337 beside pier 48 with the eight acre of open space, parks, and infrastructure. i think we can all a greetgrape that this city can do a much better job utilizing the port department. the port has serious unfunded capital needs that must be addressed for the continued safe enjoyment of the waterfront.

it is great to see this project privately funded by a developer. i know personally what it is like to invest a lot of money and wait 7 to 10 years and hope that my investment does not get wiped out by a recession. this project will result in increased land value and port revenue. a nice new neighborhood will be created and add to the urban fabric of the city. planning principles should address the project's needs and be consistent with city plans and policies and include smart and sustainable transportation. jobs, jobs, jobs. approximately 1,000 jobs during construction, hopefully for san francisco workers and suppliers big and small.

when the project is finished, it is estimated we will have 11,000 permanent jobs with all the benefits that will bring to the general fund. the developers engaged in ongoing outreach to organize labor and community advocates. i would like to see more water transportation between piers up and down the bay front. not only will this generate more revenue potential for the department, but more importantly it will make the waterfront, with its beauty and amenities, more accessible to citizens of san francisco and the bay area. i am also very interested in pier 70 master plan or its 67 acre. i am aware september 2008 san

francisco voters approved proposition d to preserve and revitalize pier 70. i'm in agreement with the port's vision for pier 70. that creates a vibrant and historic district, a district that reestablishes the historic activity level, activates new waterfront open spaces, creates a center for innovative industry and integrates ongoing ship repair operations. pier 70 is the oldest working civilian shipyard in the country and it is a place with incredible old historic buildings that can and should be restored to their former elegance. the curious various use of space ranges from artists to

scrap metal collection represents just the beginning of the leasing opportunities for those historic structures. those structures and the companies that will one day locate themselves in these buildings should benefit from the preservation of this space in a way that respects the integrity of our port past, and i have experience with restoring commercial and residential buildings and working with relevant agencies. i look forward to the implementation of this plan, adapt buildings for new uses, replace unsuitable infrastructure including roadways, address environmental conditions, putting in new parks and open space amenities, improve the ongoing ship repair operations, reconstruct and repair piers and wharfs and

shoreline areas. improve transit and parking. in summary, i was nominated for this position because i share the view of so many other people in this room and the mayor. jobs, jobs, jobs, revenue for the department, continue to promote the waterfront. we all want to make the waterfront more accessible and attractive and a destination for all the people of san francisco and the bay area and beyond. it is the city's crown jewel. more over, as your supervisor, i will [speaker not understood], i will do this with an ear towards the black community and sensitivity of the impact it has on transportation, business, et cetera. with my background as a broker,

i can help the commission understand leasing and real estate matters, a skill not present in the current commission. in conclusion, i want to let you know it would be an honor to take on the port's public trust responsibilities including port properties for expansion of maritime operations, recreation, and open space along the bay, identifying sites for compatible new commercial development, and do all i can to ensure our port's property is being maximized in ways that benefits the department, the community, and all citizens of san francisco. thank you, supervisors. i'm happy to answer any questions you may have at this time. >> supervisor cohen? >> thank you. mr. murphy, hi, how are you? hi. >> good, i realize you may be a little nervous, but put down that paper and just talk to us.

[laughter] okay. >> because i know your personality, far more personality than what you just read in that statement. thank you, supervisor. [laughter] >> you're welcome. now, you don't shrink when it come to controversy. and i want to say thank you for making the rules committee interesting today. i want to give you an opportunity just in very simple statement to tell me why you are seeking this appointment. no notes, just from the heart. well, i spent six years on the building inspection commission a commissioner, two years as president. and i felt my six years with dbi, we achieved quite a bit. we got a new online tracking service going.

we implemented a one-stop fifth floor which we never had up to that point. the caps program, we brought it to where it is today. that was also my six years as commissioner. why do i want to do this? why do i want to come up here and put myself through all of this in front of you great elect officials? >> and san francisco. yeah. i've always wanted -- san francisco has been very good to me. i've been very successful in san francisco. i think today we simply call it entrepreneurs -- that's the way it was for me when i first came here. entrepreneur in those days, you got up in the morning, you went to work. you got up the next day a little earlier, you went to work. i feel i can and want to give

back to the city. i've always wanted to give back, and i think i can help. >> okay, thank you. >> supervisor breed. >> thank you. mr. murphy, could you tell me, you do a lot of business in san francisco and now potentially as a port commissioner. do you perceive any conflicts of interest during the time that you're serving on this commission? no, i don't. as a matter of fact, i'm going into retirement shortly. [laughter] >> thank you. and also, of course, as you know, we have been contacted by many people who have opposed your appointment to this particular commission, and specifically for a more recent incident you provided a detailed explanation, which i think is appropriate.

it makes sense, especially because you have been involved with the city, with the department of building inspection, and i do really appreciate you taking responsibility for this. and as a man i guess who is on top, you have a lot of people working under you who are responsible for the day in and day out activities of your company. and could you just give us a brief, just kind of overview of, you know, how you think situations like this, should they impact our decision as folks here making a decision to allow you to serve on a port commission? clearly you want to serve. clearly you want to invest your time in this, and clearly you have been a successful businessman here inself. but, you know, san francisco politics clearly is a contact

sport and it's just something that you would have to go through as someone who is looking to serve on this body. so, could you give us a brief perspective of your thoughts about this situation? yes, i will, supervisor. the article in the newspaper you're probably referring to has caused me and my family quite a bit of embarrassment. the particular article -- i'll give you just a short version of what happened in my own words here. the site permit for that project was picked up in 2012. the excavation and shoring permits were picked up in 2012. in the early part of december my project manager picked up what he thought was all the necessary permits. and shortly after that, he had a family emergency in ireland, and he left for ireland and the ball got dropped. i became aware of the issue

december 31st, 2012, while i was out of town with my family for the new year's holiday. on january 3rd, 2013, i paid all pending fees and picked up the addendum for the foundation and structural. it is important to note that the online tracking permit system shows that my application for this building was originally submitted june 20, 2007. the site permit was approved and issued march 2012, five years after the initial application. clearly, my projects have been winding the way through the permitting process without any indication of special treatment. all addendums were filed on a customary timeline and absolutely no addendum was filed after the commencement of

construction. in addition to the letter of explanation, which i gave to all of the supervisors, i hired a third-party engineer to write a report on how this happened and what procedures were followed. this is now available under the sunshine ordinance. dbi accepted it and the project is now back on track. as a past president of the building inspection commission, i understand that i should be held to a higher standard. i have from the very beginning on hearing about this taken full responsibility. the buck stops with me, and that's the report that was done by a third-party. >> thank you. i also noticed from your form 700 that you have in excess

over or what looks like companies in excess of over a million dollars in each instance. what are the approximate amount that we're talking about from this mistake in terms of dollars? what would you say it would have cost you had this mistake not been made? if it hadn't been made -- the mistake cost me $40,000. >> and in a bigger scheme of things, i mean it's kind of the price of doing business in san francisco. well, this should not have happened. it's never happened before. but the ball got dropped and here i am paying the consequences. >> okay. well, i just wanted to just make a couple of other comments about mr. murphy, who i know, who i have a tremendous amount of respect for.

and i think that he brings a wealth of knowledge and expertise to the city through the work that he's done, of course, privately, but also i appreciate the work that you've been involved in that you don't necessarily talk about in the community and working with people. and i think that we all make mistakes. i mean, i've made them as an executive director. at the arts center. my staff made them and i still had to take responsibility and things like this happen. and i just think, in my opinion, that it was really blown out of proportion and it should not cause us to put a hold or not support you as a candidate for the port commission. i appreciate your proactiveness in dealing with this situation. and, you know, i know we're going to hear from the public and i'm looking forward to public comment. but i would have said you had

me at hello until you gave me this binder that, if i carry it out of hear, will break my back. but i do appreciate your due diligence and -- we will rehe cycle it for you. [laughter] >> and i do appreciate your due diligence and really being proactive about providing us with information, the feedback that i've gotten from people who know you who have worked with you over the years have been tremendous. and, so, i really appreciate you just putting yourself on the line and taking this time with us to talk about the situation. so, thank you. thank you very much, supervisor. >> so, i connect with some of the statements supervisor breed just made. i just needed a couple more clarification questions here. in regards to the permit that were not correctly submitted to dbi, you mentioned it was about 40 something thousand? that didn't have anything

to do with the permit. that 40,000 i talked about is what it cost me to do this report after the fact. >> got it, got it. so, what was the amount, the value of the permits that you eventually had to do -- take out to -- permit cost for that project was probably $300,000. >> at this point, what's the current status of the notice of violation? more than half of it had been paid at that point. >> at this point, today. oh, it's all been paid. >> so, it's been abated? absolutely. >> thank you very much. sure. thank you, supervisor. >> at this point are there any public comments? you have two minutes.

everybody line up on this side. you can go ahead. supervisors, thank you very much. my name is tom shad. appreciate the time to speak to you on behalf of a good friend, good san franciscan, and quite frankly an american success story, mel murphy. ~ it's been my privilege to know mel murphy for over 10 years in san francisco. ~ shea i want to tell you something you may not know given the information you've received about him. he comes from a very small county in ireland, west mead. it's now one of the famous counties as you know county cork and others are more famous for san franciscans. but nonetheless, this is where his foundation of who he is, i believe, was formed. he was raised