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tv   [untitled]    June 9, 2013 2:30pm-3:01pm PDT

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motion to -- >> i'm in support for that grant. >> we have a motion by supervisor mark to move it forward and i'm going to do so without opposition. thank you very much. mr. clerk can you call item number 8. yeeresolution approving funding increase for an emergency public work contract under administrative code, section 6.60, to repair a kitchen cart wash leak and related mold abatement at laguna honda hospital in an amount not to exceed $595,3: >> okay. we have john thomas from our department of public works to speak on this item. >> good morning chair, john thomas from public works, the item before you request to exceed the $250,000 opposition to abate elite and mold from a car wash facility at the lagoon in a hospital and the rehabilitation center. the leak was identified in september of 2011 and was immediately addressed to
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prevent any further leakage and to secure the area from access by any staff or resident, the team took an investigation, both in designers and insurance carriers to determine a course of action. by 2011, they were redirected to design the space and it was incompatible with its use. it was completed in april of 2011 and an emergency was declared in june of 2012. the department entered into a contract with dell ford property reconstruction during the summer of 2012 to perform the work and that was both more extensive and challenging than
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was anticipated. demolition continued and i'm here to continue to cover this increased demolition cost. in addition the department is in agreement with the budget to seek competitive bids for the restoration work as we could not reach an agreement with the contractor for the remaining work. the department ask for your support on this item and i'll be happy to answer any questions you may have. >> do you have any questions at this point? >> why don't we go -- maybe come back to you. we have a budget report from mr. rose. >> mr. chairman and members of the committee, on the bottom of page three of our report we say it's shown in table three, we submitted invoices. in addition they offer the contractor estimate expenditures of 266, 723 to complete the reconstruction work and the total project cost
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presently at 95,367 and on page 5 of our report we point out that given the significant delays of the 8 months prior to submitting this request to the board of supervisors, additional four months to submitting to the budget of supervisors and the subject emergency request for not to exceed 595 meeting the emergency and authorizing this contract award without undergoing the city as bidding process. we recommend that you do amend the proposed resolution to reduce the requested emergency authorization by 266723 to not exceed 395268. i would recommend -- the reason we're
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recommending those amount because those expenditures that been occurred and we ask you to see bids to the lowest response of bidder for the reconstruction work at laguna honda. >> if i questions for mr. rose. >> actually i do. mr. rose if you can tell us what typically is the standard for declaring an emergency? >> mr. chairman, mr. avalos, basically many years ago and i don't remember the exact year, the department, i believe it was in the department of public works requested authorizations to award sole source contracts on an emergency basis without the utilization of competitive bidding because if it's a true emergency the work has to be done, for example the most recent example --
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>> immediately. >> immediately being right away. for example the most recent example the board of supervisor approved an emergency contract yesterday regarding a water main burst in district 7. so that was a kind -- as i understand it, that was the kind of emergency where there would be a, in fact the definition of emergency to get more to your questions supervisor avalos on page 5 of our report we point out that in accordance with administrator code 6.60 an emergency is defined as an unexpected occurrence or discovery of a clear and danger demanding immediate action, emphasis added to prevent damage to life, health, property or public services. so that was the back drop and there have
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been many request to the board of supervisors where an emergency was declared and work was started immediately and the work was completed on a timely basis. in this case, clearly there have been delays for whatever reason. we don't question that, but it does not in our professional judgment appears to be an emergency and that's why we recommended that the balance of the contract be submitted -- be contracted out on a competitive basis without a sole contract. >> thank you. just a question for mr. thomas, what were the factors that were involved that led to declaring an emergency in this case and how would you count for the lag time between the original ns that something was arrived to the actual declaration of the emergency which happened about nine months afterward. >> so there were several issues
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at play. first was the difficulty in ascertaining what the cause of the problem was, so our first step was to address how the water was getting through the slab and down to the lower floors causing the mold. that was done immediately with forces that were available to us on hand. the emergency there that we felt generated the need to declare the emergency back in june 2012 the hospital was operating in a difficult situation, unable to use the car wash that they needed, they're serving nearly 800 resident and needing to clean their equipment on a regular basis so we needed to address the mold that we did as quickry as possible but the restoration and the increase cost that we experienced because it was more
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extensive than expected caused that to slow down and stop. >> how are people being fed now? >> the kitchen is still open. we have that area secured. it's now clean, so there's no risk to anybody. that is the work that was completed as of november of 2012. so at this point -- >> it seems like there hasn't been in terms of carrying out a function of lagoon in a honda that they're able to carry on. >> yeah, they are. we have a temporary cleaning facility for them, but the emergency that did exist was the clean up and the addressing of the leak. that part has been accomplished and the remainder should be -- >> there's a time to recover through litigation costs to -- >> there were several facets and that's one of them, yes. the other is water leak and the
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insurance support there. >> mr. thomas, what we have before us is a continuation of an emergency contract so can you talk about how you think the current situations that continue emergency. >> the modifications that we're requesting here actually only close out the cost incurred to date and we'll bid the remainder of the work. we're not requesting emergency. >> so you're okay with the budget recommendation and summary. >> yes. >> mr. rose. >> i wanted to make one other clarification in reference to supervisor avalos's comment, the distinction here is that the department is correct in stating that the emergency was cleared in 2012, however the emergency was discovered in september of 2011, again a distinction between the water main burst in district 7 when it was discovered, an emergency was declared and the work has begun. in this case the emergency was discovered way
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before the emergency was declared. >> the challenge was the design in place. it was part of the problem we were facing. we didn't want the typical repair work to go in and repair in kind and have the same problem continue beyond. >> okay. thank you mr. giver. >> just to followup on mr. rose's restoration of emergency, the administrative code contains a few examples that are not exhausted and one of the examples of an emergency fitting within this this category where you don't need to competitively bid is unfor seeing occurrencing of character in hospital beds, the lack of hospital beds or the lack of surgical, mental health or hospital services so relieves the patients without
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medical services, so again not kind of thing on how this was made but that may go to your question. >> okay. thank you very much. we had a budget reports, calls any other questions and go to public comment. go to public comment. anybody commenting on this item, please step forward. public comment is closed. thank you mr. thomas and thank you mr. rose for being here. we have an agreement for the department. motion to accept mr. rose's -- >> i may ask that we add and the department include language and provide a copy of the contract when it becomes final. >> we can do so. any comments from the department about that. i assume that's a standard procedure. we can add an additional amendment. so we can do mr. rose's an amendments and the amendments articulated by the clerk.
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>> before we -- >> we can accept those oppositions without move. >> i actually -- i appreciate the last comments from mr. giver and from mr. rose as well. i do not believe we have a real modified emergency here especially because of lag time that came between discovery and when emergency was really declared and when work was actually performed. i think there was probably assessments made by not work. and an emergency would require something a that would be much more immediate in the response from the city. so i just want to make sure -- i'm not sure how we beef up our abilities to -- when we declare -- from the time when we declare emergency or not. it seems contemporary so how can we make sure the department is going to follow
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the code, that's the question for mr. giver. >> much like the question i had before, how can we assure we can approve resolutions, not retro actively but moving forward. we have processes how we carry out our functions as a city and we need to follow them. how do we piece to code? >> john giver, deputy city attorney, i have a few responses to that and one is that the department should and generally do confur are our office what is an emergency. we have a certain amount of discretion with the $250,000 to
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make that judgment. emergency situations come up and they need to make judgment and give the board over that threshold. in terms of policy decisions that the board could make in the future, the answer is probably revisiting the ordinance if you're concerned about how it's about the threshold. >> we have a mechanism where there was an $80,000 estimate that rose up. it doesn't happen every occasion where there is a problem like this, but it happens frequently, so maybe there's a way to trigger a mechanism where there's a review when there's a potential for cost of increase that can be more unfor seen. >> absolutely. >> mr. chairman and committee, monique from the control offices. instances like this have occurred in the last number of years where declaration of emergency is made and then a lot of time
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goes by before the actual approval of a contract or the work required to mid gate that emergency is presented to the board. perhaps one of the things that we could do administratively is ask the department which would be public works and the big inter prize department who have the ability to contract on their own to notify the city administrative office when an event occurs, it might trigger an emergency and we can put our heads together to determine the next steps and include notifying the board of supervisors to the chair or the finance committee or the board can take a look to see if it appears that all the emergency conditions have been satisfied that would allow contracting without the bidding requirements but we can control -- in the control office we can provide technical assistance to this department so everybody is in agreement. the
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circumstances in which those emergencies occur and again what the contracting process should be. we can include the contract of administration in this, but it is a hand full of departments that use this prevision and we can assist. >> maybe we can go off line and talk about that how we can do that administratively. >> yes. >> thank you mr. mitta. colleagues, any other questions or comments. amended. we do so without opposition. >> mr. clerk can you call item number 9. tangresolution authorizing the recreation and park department to accept and expend a grant of $225,000 from the the san francisco parks alliance for the renovation of the playground in carl larsen park, for the period of june 1, 2013, through october 1, 2013. >> good morning supervisors, staff, that lynn that staff, park, capital division. i'm very excited this morning to
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present to you and ask to accept extend a grant up to 25,000 to supplement our funding for a play ground for carlson park. we began planning for this process a year ago and the specific area of the park that will be under renovation is just north of 9th and acente. supervisor king has taken over being very supportive. the friends of larson park are trying to raise money and our project is $1 million in addition to general fund and open space public funding, we were fortunate to receive a community fund in the amount of $250,000 to the 2008 neighborhood safe program. that leave us at $150,000. this play ground location is
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where there's currently a sand pit and a swing set. a restroom renovation is just about to be completed to the play ground site. and the site was home to three plans over the last 40 years or so. it was rid of because of led problems. the proposed play ground project is a new artistic plan play structure. we also have a prek structure plan for the other side of the existing pathway and some plantings and safe and comfortable access to the play ground. we're asking today for a grant up to $225,000, 150 will be given to the cash grand. and $75,000 would be
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for donor recommendation and gateway enhancement. we like to enhance to match with the theme of the park. and in addition we like to do some donor recognition in the restroom building and or in the seat wall that will go around the perimeter of the play ground. hour timeline, we're working hard with the friends of larson park and we have the them to speak today. we've raised about $50,000 so we still have a long way to go but we're working hard to meet the budget gap and we're hoping to go to bid by late summer, early fall and complete the project be the first half the next year. i'll be happy to answer any questions, thank you. >> colleagues any questions.
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>> thank you very much. we do not have a budget answer support so we'll open this up -- we have addition. >> i'm ashley summers from the tang's office. i wanted to come here and tell you how much our office supporting this project. it's a very important park and district 4. right now like malinda said it's a sad pit with a swing set. we want to thank the support for larson park and the remembering creation and department staff and the san francisco park alliance and as malinda said, interest were three navy jets retired and the last jet removed and i've played on it when i was a little girl and it's really inspired a lot of people in the neighborhood to remember what it used to be like and hopefully can inspire a new generation of children as well. so again, our office is very supportive, so i hope you too. thank you. >> thank you for those comment
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and i know supervisor chew and chang have been supportive so thank you for your offices and i remember playing on those jets when i was a kid. sad to see them go. we open up public comment. we have two speaker cards. if there's anybody else who like to comment, please do so and line up on the side, otherwise please come up. >> good morning supervisors, my name is nano visor and i'm the cochair and we've been work with the offices for a year or so. and we have the support of the community as well as the merchants in both district 4 and 7 because 19th avenue is on the border and we appreciate your support. thank you. >> thank you very much. >> supervisor, i'm shyre and i work with with the friends of
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larson play ground. i want to thank chew and chang to get us to the point where we have a great design for the play ground. it's going to be incredible for the children of san francisco. the gifts from the friend's group, they help to bring the play grounds up to another level and have individualized designs for the play ground. so we're excited to see this move forward and hopefully be opening next year. thanks for your support. >> thank you very much. anybody else want to pub li cally comment -- publicly comment. this is a great project. congratulations on all your work today. we do have a technical amendment we got to make. we got to make it retro active june 1. can we have a potion to do so. we do so without opposition. colleagues any other comments before moving forward. okay. see none. motion two for this
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item. do so without opposition. thank you very much. mr. clerk, can you please call item number 10. kimresolution authorizing the 2013 south of market community stabilization fund program and authorizing the mayor's office of housing to expend soma community stabilization fund dollars in the amount of $300,000. >> okay. the mayor's office is going to speak on this item. >> with the mayor's office of community development. the item before you today is a rez collusion that was -- resolution introduced that would authorize the stabilization fund program and ex pend the funds. i'll provide a brief comment which was created in 2005 in an effort to have the negative impact of justification in
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south market neighborhood when it was resumed ordinance 21705. the fees are deposited into the fund and businesses in the south of market. the board of supervisors accomplished a community advisory committee which is consisting of 7 community stake holders to advise the development and the board of supervisors on the use of the fund. the cdc has an administration of the fund. and they approved the fund and grants the base organization and as these grants approach, the cac revisited and we find a plan using the lessons from the first round and taking into consideration the changing environment in the neighborhood. the revised plan is the framework for the last. it resulted in grants initiated
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earlier this year, in three programs which is the coordination program, a community counsel program and a community action program. the results of the second rsp are before you. tom is the cochair of our sac and he'll give you background on the programs that were issued in the rsp. >> hello supervisors, tom tim prono, one the cochairs with the cac to speak with you today. it's an honor to serve and it's my third year and i'm excited about the two proposals we have before you. i like to give you context on the rsp and their need. i'll start with the school's site coordinator program. it was born by the principal of betsy core
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michael. he came to us to let us know that he seen, you know, a consistent -- he's pretty, i believe new to the position and seen a consistent flow of families of students at the school coming to him looking for either direct services or looking for place -- looking for resources and for those folks would are familiar with betsy carmichael, it's a model in being a piller in the part of market community. he came to us with the interest to establishing betsy carmichael as a community city similar to the school where the families of the school and the neighborhood could hopefully at some point access services at the school itself and solidify it as a community asset outside of the school. we took that
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need and created the rfp for a school site coordinators. that's not intended to provide the direct services but to strike that jiez and to plan out the process for turning betsy carmichael into a full service community school and so this proposal was just intended to find someone to work both again on the strategy but on the fund development because the process will take a quite bit of funding so we're hoping to have someone to put those pieces together and in the coming years to help move betsy carmichael be a full service community school. the second proposal before you is the neighborhood and business coordination program. so i think that anyone who takes a walk anywhere nothing south of market can see the inflex businesses and you have triple story cafes coming in and it's
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the best neighborhood in the city if not the country and what we envision with this program is using those businesses to create an asset for the existing community that lives in south of market. we want to see these businesses creating jobs for the youth and creating intern for our youth as and doing things like donating products or services to non profits and trying to create a formalized leakage and existing residence that have spent their entire lives in the community. this proposal to actually bring together folks that work with small businesses and have experiences with small businesses and folks who have experience working with the community doing job training and outreach and coordination and to bring everyone to the table so we can really see everyone who is in south of
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market, everyone in the residence and the workers benefits from this new inflex of our neighborhood. >> thank you for that presentation. it does seem like some great potential projects. with the cdc, how do you prioritize. i know there's -- the strategic had housing and community, how do you think about how do you allocate each pool and what organizations or what steps you take and what period of time. there's a pool of assets here that is sitting there, so i'm -- we're drawing down $300,000 from it. how do you go about thinking, today is the right amount to spend on this kind of project? >> we are pretty measured. we really take the time to hear what community needs are. we
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do have that -- we have that current pool of money but we want to be sure that the projects that we fund realry have strong impacts as you saw. we identified core area of need and housing jobs and committee as being key funding priorities for us, so whenever possible we try to cross those over the neighborhood and business coordinations program for instance is an exer size in both job creation but in community cohesion and bringing together those businesses and resident. and i think it's as opportunity as needs become clear, we as the cdc act on those. we have been looking in ways to invest to help resident that live in south of market to stay there. we view our