stand here today pushing good energy for those people around us. i learn businesses through this and now i can share business with my community. the san francisco board of appeals. the presiding officer is commissioner honda and we are joined by tonight's by our vice chair commissioner vice president fung and commissioner lazarus and commissioner bobby wilson and commissioner rick swig to my left is brad the deputy city attorney and provide the board with legal advice at the controls is gary he's the boards

legal assistant i'm i'm cynthia goldstein the board's executive director. we're going to be joined as by we're joined by representatives from the city departments that have cases before this board. sitting in the front right now is amanda representing the bureau of mapping and she's joined by her colleague raul shaw i believe chris buck is here in the front right now with the bureau of urban forestry and scott sanchez will be here shortly and representing his office and the planning department and planning commission electronic devices are prohibited. please carry on conversations out in the hallway. permit holders and others have up to 7 minutes to present their case and 3 minutes for rebuttal. have up to 3 minutes - no rebuttal. to assist the board in the accurate preparation of the

minutes, members of the public are asked, not required to submit a speaker card or business card to the clerk. speaker cards and pens are available on the left side of the podium. if you have a question about the schedule, speak to the staff after the meeting or call the board office tomorrow we are located at 1650 mission street, suite 304. this meeting is broadcast live on sfgovtv cable channel 78. dvds are available to purchase directly from sfgovtv. thank you for your attention. we'll conduct our swearing in process. if you intend to testify and wish to have the board give your testimony evidentiary weight, please stand and say i

do. please note: any of the members may speak without taking please stand now do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? >> i do. >> thank you commissioner president honda and commissioners one keep up the good work item item 5 a jurisdiction request on 139 market street that case has been withdrawn and will not be heard then on the calendar item number one general public comment the opportunity to address an item within the jurisdiction not on tonight's calendar my general public comment seeing none, item 2 commissioners questions or comments anything commissioners item 3 the consideration of the

minutes important january 25, 2017, unless any additions, deletions, or changes. >> i move to adopt. >> my public comment on the minutes. >> then on that motion commissioner lazarus commissioner president honda commissioner wilson and commissioner swig thank you that that item passes. >> item number 4 is a rehearing request the subject property at 1590 sacramento street mitchel is requesting a rehearing the appeal kemp versus mapping decided january 11th voted 4 to zero with commissioner president honda absent and on the basis that was properly issued the project sponsor is with the construction of a wireless service facility.

>> i watched the tape. >> thank you, mr. kemp starting with you 3 minutes to present to the board. >> good evening and welcome. >> i request a rehearing for two reasons. >> i'm sorry citizenship speak up is that better. >> once again with good evening i request a rehearing for two reasons more information that came to my attention on the 10 of january the day before the board of appeals hearing these two items consisted of the following number one item number 4 in the health conditions seemed to indicate that a device or mechanism would be provided to general public comment if requested

permanent it is not what it means what it means none was sure until i got calls the representative on the evening of january 10th explained to me what that really means is that i should call them if i have problems and no device that's fine number one and that's academic because i'm buying my own device and install it and as a memo to the gentleman is not really a little black box with a red white it is a beige it is number one and number two this is not been addressed in either the mckenzie or the brief from the department of public works that's the whole question of control and

monitoring during the operational life of the system when i asked about the installation of this facility i received an e-mail from the department of public works saying i should call extra net a little bit like having someone say call the restaurants and talk with the owner or have his cousins from san rosa call you back and looking at this deeper i contend from the time the item the facility licenses to the time the license is are you in custody no operational monitoring, control, inspection and no recourse for a simulate citizen that feels he has an issue that needs to be addressed

not by calling extra net but the department of health or the department of public works and if they can't explain and should be called a rehearing they can't explain what operational controls they have. >> sir please finish our sentence your time is up. >> then the appeal should be upheld. >> okay. thank you. >> thank you we'll hear from the permit holder now. >> sir. >> good evening and welcome. >> again. >> outside for verizon we would ask you not grant the rehearing we don't think this is new materials facts or manifest

injustice in the decision you made this condition number 4 has been in documents for that application ore 18 months and reflects in the dpw reflects mr. cutting-edge had if time to review those issues and the dpw resealed in any testimony on january 11th raised this issue of mechanism that was used in order to provide ongoing testing and reminded that mr. cutting-edge so you get to have that done it's been used on facilities and other facilities and at&t there are hundreds of facilities and mr. kemp had an interpretation it is a mechanism that works and bill is here that conducted those tests either through the department or through the consultant or others

we feel it is something that serves the city and the department and the condition that was written and there is again, no material fact it is new a new and certainly no manifest injustice. >> i have a question counselor this has been before us 4 times what's the mechanism for the extra net for the general public comment is closed. wants to know what it is. >> they can e-mail dpw they can moma e e-mail or call extra net and third parties will come with permission and enter into the apartment who wants the testing with the resident present and show him the measurements for the operation of the facility these facilities are operating at low level no systems near close to the fcc guidelines.

>> is that only dpw or the department of health public health department. >> i don't know whether dpw has received those kinds of questions but there are other mechanisms for all other wireless facilities in san francisco my resident within 25 feet of antenna that goes to the department of health they are a mechanism with a request to test contact i believe they contact mr. kemp directly. >> thank you we'll hear from the department now. >> once once again. >> amanda representing public works we're asking the board to deny the rehearing the request on the basis that the request is not based on new facts and circumstances with that with

that said, i want to provide two clarifications the request for clarification in his rehearing the request but first is that the appellants ask to the public works and department of health clarify two conditions in the permit the department of health is also in attendance at the hearing the first condition the platelet e meddle wants the mechanism for taking radio frequency measurement from the public to the intent of this condition if requested extra net should packing take reading within the residents and that is a mechanism in the unique for achieving results there is conditions the appellant wants clarification if extra net it responsible for paying one and ti dollars to the public health department for the intent that

the public health should be paid for they're just like 6 to review and determination this application could comply with the public health in earlier 25 this fee is authorized in public works code section 1527. the appellant asks that public works and public health department should explain what the radio frequency they'll make during the term of the permit so the radio frequency mentioned after the approval of the permit the first is after the installation of wireless facility and the second from the permit holder requests the rule of the permit 10 years and eligible for an additional one year term and what this basically looks like the first reading within

thirty business days of installation facility the permit holder musculomust file a statement registered engineer that the facility will comply with the public health department standard and also those 4 for the rule have statements that comply >> if we find the application or the permit didn't meet the 3 requirements or we'll issue the applicant the permit holder niece e fees and revoke the permit if it is not complied they request a monitoring if dpw and they can contact myself and we don't have it available it is to be done by engineers with calibrated equipment i'll be happy to answer any questions you may have. >> you went through all 3 clarifications. >> pardon me.

>> did you run through all 3 clarifications. >> the question the mechanism involved so if someone has a property next time to extra net and want the rh-1 conditions met. >> we put them into contact with the permit holder they contact the company they hired to provide the radio frequency study and do that e-mail or through phone calls i don't hear back under the permit holder i follow-up to make sure that is made. >> that's the first question and the 10 year permit is that standard for all department of health stuff. >> yeah. >> so like i mean give me another idea massage parlors are those ten years as well. >> perhaps you want to ask dpw

dph. >> the question is that a standard practice to issue and 10 year permit from the department of health. >> i'm principle program manager and we have the responsibility of for massage prom we have a case coming before you. >> i'm sure you do do massage to answer your question their annual permits that get renewed annually and the health department has a role to play the article 25 gives a role to play but the permit is a dph not a public permit. >> i heard 10 years i didn't think that a standard permit for anything is 10 years is there a representative if from filipino

is there a dpw permit you guys give for 10 years. >> public works in terms of the permits for renewal their traditional annual but for us the 25 wireless permit is standard 10 years other permits that may have longer durations are a project like a street light improvement project for permanent improvement of the sidewalks or roadways but in terms of the situation encroachment permit that be occupying public right-of-way don't have a time their longer durations either removed or revoked. >> thank you that's an article 25. >> exactly. >> thank you any public comment on this item? i see no public comment. commissioners. >> if i may a briefly that's a

state law requirement for antennas. >> commissioners, the matter is submitted. >> i'm sympathetic to mr. kemp but not heard any new fog that represents manifest injustice. >> i concur the bar for manifest injustice is high the items that mr. kemp has noted in the rehearing the request have all been thoroughly vetted to this process so i would agree with commissioner vice president fung. >> care to make a motion. >> move to deny the rehearing no new information has been appropriated and manifest injustice has not been dreementd. >> thank you on that motion from the vice president then to deny the request commissioner lazarus

commissioner president honda commissioner wilson commissioner swig that motion carries with a vote of 5 to zero. >> item 5 withdrawn and call item 6 raintree 2051 3rd street, llc versus public works of urban forestry the the subject property on third street street with the denial of 2016 a of a tree removal and a denial for removal of 3 street trees start with the appellant 7 minutes to present. >> good evening and welcome. >> good evening thank you, commissioners appreciate how time this evening on this issue we are naomi's a rick with raintree 2051 3rd street we're the sponsors the project on raintree 2051 3rd street which is a through lot on third street and illinois the project was approved in 2014 and under construction 2, 3, 42014 we came before you for an

appeal of the application to remove and replace 3 eucalyptus trees dpw supported it appealed by the neighbors we requested removal and replacement of street trees on those frontages that dpw supported the board uphold the 2016-2017 order allowing us to remorseful them but for 48 inch box the eucalyptus are not the subject of this hearing, however, the process we've become warn of the conflict in light sidewalks along the frontages that effect our ability to plant the number of trees that was approved this information couldn't have been common it requires feedback from multiple agencies not occurs until the review stage the conflicts uncoasted is a

large at at duck a fire main and junction boxes and the port has jurisdiction along illinois street didn't allow utility expansions we work closely with puc and agreed because of the modifications and to return to the misdemeanor the tree planting we submitted a new removal application to dpw they denied and we've appealed we worked with dpw and puc to identify to options for tree replacement along illinois and third street and asking you to approve that under appeal to allow for the implementation of those two options since the filing of the brief in october additional conflicts with puc and waterline they didn't support the root barriers

and above grade barriers so we presented many solutions it is worth noting and dpw did in its belief it is common for briefs to not plant the trees often do to utilize clfltsz we evident up agreeing on two final options as shown - in the projector - and we believe both are viable final solutions notice they showed a proposed tree plantings as well as several known utility conflicts which i do have a larger copy if necessary but several conflicts along third street and illinois and i can get into more detail on those it

is worth noting both options would assume we're responsible for my in lui fees associated with trees we can't plant so first in opposition one our solution at the illinois frontage is the same under both options as a result of transformer and splice box that constrains the footage we ask one tree to be removed we'll plant 4, 408 inch box and 60 inch box along the frontage as well as a planter strip which will otherwise not be required if we can accommodate those 60 inch box trees that are deemed near specimen trees they're provided a nice pedestrian street along illinois the tree removal along third street frontage has not been one of

public controversy and it is calculated as that relates to utilities on third street are federal, state, and local in opposition one a partial relocation of a waterline that runs the length of the property in order to accommodate a clear area from my waterlines that puc requires this will allow is to plant a total of two new 24 inch box trees along third street it is not vetted by puc or other effected utilities but we feel there is genuine support to explore this requires other puc we're not sure we can accommodate this but in ongoing discussions with puc and other utility providers - in opposition two if one is not

achieveable we'll plant the strips along the west side this option provides so the two existing trees to the north will remain and this option provide a landscape buffer for pedestrians within the sidewalk and third street could sure traffic buffers experienced by pedestrians one of the front doors we're very interested in making sure as long-term owners this is a nice frontage for the property 2, 3, 4 conclusions we're awaiting feedback from the utility provider we have enough information to approve those options key points to consider are first both the options are supported by puc and - second we as a developers are committed to planting the maximum number of trees feasible and rain trees

at dpw and pucs discretion we respectfully request the board of appeals amend the permit to allow for those two other people's money as a final noted we request due to the construction schedule that moving forward dpw and puc be given jurisdiction on that matter we anticipate this work will need to be approved over the next 45 days and appreciate the maximum flexibility with respect to the jurisdiction thank you. >> i have a question sir, i mentioned long-term ownership are you planning on holding. >> this is a rental we'll own in perpetuity. >> in terms of the difference the two trees to the south i guess versus option duo two is

that the change that the size of boxes and species in terms of this root bulb is changed. >> in terms of could there be more of the species no in my xraerns the answer a new i can let chris opine we've not studied with respect to the species the species has been out laid as a box but i do believe that a change in the break downs species will change the count along this frontage. >> thank you mr. buck. >> good evening mr. buck.

>> good evening chris buck with uttering public works i'll follow-up the appellants presentation i've got some photos of the site just to refresher everyone memories can i have the overhead? the original subject would be two red iron eucalyptus trees they're significant trees that are trees on private property one 10 feet of public right-of-way and this is the focus of the appeal and the concern among the immediate neighbors on the illinois frontage the original approval from the board was to approve them on the condition of the project eventually all approvals on the condition that the replacement trees be 48 or 60 inch box size container to be determined by public works so

the issue along illinois there are room for 4 trees not 5 that's a change in the permit the total count was not a true focus of the appeal but that is certainly in our permit that's something we wanted to bring to your attention the third street frontage here's a brown photo of the subject trees we number them with the flow of traffic tree 1, 2, 3, 4 those are approved for removal without protest were you not subject to the appeal that evening there's one tree is too close those liquid amber trees are planted too close together and a fourth tree the removal replacement of 4 no room to plant 4 spatial because of underground utilities the current site looks like this and

as you can see that the two existing trees are preserved the goal to preserve two planting sites at least two trees along the third street frontage just a back up a little bit the applicant appellant in this case has been in touch with our department from day one at the first sign of controvertible that was not a regular line under the sidewalk but the main is under this narrow sidewalk they brought if to our attention 4 trees replanting on third street down to two those are in question the puc said no, we can't have those that close to our water main even though those two existing trees are that close as well as a brand new project one block away a water main i don't know that never came to our attention i'll say

in this case the appellant has been in contact with us every step of the way a very real possibility that the puc may allow them to locate the water main in the roadway so two trees can be planted along the third street frontage that's our preference other the puc bans the number of tie-ins and wouldn't be necessarily based on preserving the tree sites but a preference of the imp as well based on the number of times so we have the item before you is a change in the total number of trees that will be planted but also on the third street frontage there really is no way to get a 48 inch box sized tree based on currently conditions that is realistic to try to fit

24 inch trees along third street at this point, i'd like to is that we all projects development projects are subject to in lui fees at the end of the project separate from my removal our code requires 11 trees to be planted every tree can't be planted an in lui fee of fees abnormality of separate tree process at the moment the plan was as approved to plant 9 trees it is looking closer to replacement or total number of trees to be 4 on illinois, two exist on third street and plus two more a total of 8 trees short 3 trees we'll assess the in lui fees the key reason to be before you the board placed conditions on the

permit about 48 and 60 inch box trees and also the number of trees replacement trees wasn't the subject of the hearing but the change before the public and for those two reasons you know we feel the appellant we can only discuss this to come back before you and bring to your attention and see what we can do to problem solve that i like the flexibility i think there is still going to be more there's a lot of moving parts to determine illinois there is a commitment to plant 60 inch box trees in the last day or two you know maybe we could move it and get a 5 tree but installer like a 36 or whatever i like to say one option we don't typical ask for

a jurisdiction but there's a lot of moving parts this particular project sponsor is looking at the possibility and not coming before us and saying oh, by the way, there are problems so looking for flexibility and looking to you to talk through some of the facility issues. >> question can you touch on the project sponsor mentioned planters and yes both the property owner project sponsor and the puc asked about the initial ask above ground and puc feels we don't want to allow trees above ground they pop out but sometimes because the ongoing drought despite. >> what drought. >> the long term drought prognoses for california remains. >> yeah. what drought. >> the puck - the puc is

requiring water that is what they require above ground for the life the tree we're not supportive of above ground planters one idea along third street and that is to require above ground there is no parking on i will all that will be i mean, the chase center going up across the street will be a heavily traveled walkway i believe if when the center is completed and that's true there are considerations regarding the nature and how much landscaping will fm fit into this space based on the anticipated going out but certainly along illinois

this is opportunities to require landscaping we say if you can't plant the 11 trees or whatever you can plant 75 feet of square footage of landscaping and make up for the loss of tree in lui of the assessment fees those are some of the considerations we are talking about. >> thank you, mr. buck you can you answer the same question. >> the species along third street is not an issue that is more can that waterline be relocated to allow for my trees to get back into third street we'd like to see two trees is an third street if so waterline it move forward 37 inch box trees can be moved if not we'll be

require landscaping along third street to changing the species won't impact the number of trees available to be planted. >> two additional points one is an opinion i'm not highly supportive option two in terms of the process the building inspection and fire department stayed the demolition of building waiting for permits we've had that issue come up a number of times now perhaps we should do the same thing excuse me - our department should do the same thing so the decision making can be more comprehensive.

>> it is challenging to carve out and sure that adequate space you know can be provided for replacement trees it certainly more acute when someone been before you the board most projects have no trees to begin with no kind of you know immediate neighbors focused on the number of trees proposed it is something that we there have been improvements over the years used to be revolved at the end of the project and new planning requires folks to come up first, we review the plans in advance and can provide feedback at the start of their process so if there was a removal and that is contentious we are getting more involved to the front now a requirement that planning dbi will not precede until more the

tree questions have been discussed optimally with the tree permit not required just a few years ago that can be done at the end of the project with the full approval is granted and now holding up the project not wanting to talk about the project until the tree issue is resolved even with the number of trees we try to review that i see your point i agree we don't want to be up here we want everyone to be able to commit to planting what they've committed to planting and looking way to try to make sure that happens with more regularity for landscaping. >> you're in agreement with the project sponsor on allowing the flexibility in terms of the two options. >> yes. our preference certainly to have 2 new street

trees planned on third street it is a busy road i think the tenant in the break downs building deserve street trees was on a conference call. >> i'm sure they'll appreciate the screening. >> exactly a busy street sow we are that part of the you know advocates to say to the puc what can be done? the - been to the board of appeals we're not involved unnecessarily and need in information in terms of the illinois street you know losing one tree will have four trees 48 are 60 inch box trees this is a good compensation for the loss of two those two trees public works approved and didn't believe they were going to be an asset to the site a native oak their from the trees will or that will be long

term assets another determination why we're not saying uphold every single condition on this permit but certainly will make sure that as many trees that can be planted will be planted and as large of size as possible i don't know if he get to the point we know there is room until all the utilities and jurisdictions have vetted the case. >> i know this case i don't know it was you or carla. >> carla led from staff's recommendation and certainly strong sentiment about the lose. >> a quite a few of the numbers of the public it spoke that night. >> thank you, thank you. >> thank you any public comment on this item?

okay. seeing none then mr. price anything further to say you have a few minutes. >> oh, yes, a couple of quick comments just initially like to reiterate there have been countless hours spent on this issue by myself and our consultant team and the bureaucracy of urban forestry and puc more recently and there is an intent on behalf of all parties to do the right thing here and more hours we get to insure that all the departments needs are met we've appreciate very much the time your time and the time that chris and his team put into this issue and we ask that the board approve the modification for the deny and approve into options one and two

which will include the one removal of one tree an ill i will and on the third street venue and want to reiterate what chris mentioned as far as jurisdiction i realize that may not be a common request but nicole where construction is often a day to day activity and your you have to remain nimble and constantly uncover issues this is one issue when you open up the sidewalks their undoubtedly be a condition we're not aware of for that reason want to reiterate our deserve to have the jurisdiction fall under dpw going forward to we could quickly react to any new conditions thank you, again.

>> thank you. >> mr. buck anything further. >> no additional feedback just available for questions. >> thank you. >> commissioners, the matter is submitted. >> i'm sorry, i remember this case we have a lot of members that felt strongly hence, the reason for a 48 and 60 inch box at the same time as my vice president has mentioned we had developers that came to us and intentionally came in at the last minute saying we're not putting in trees on 9 and mission going on over the briefs and hearing the testimony from the department leads me to commend the developer an working

with the department as soon as they found out a potential issue so i personally don't have a problem letting them to change and let the department because the trees are in the departments best interest not sure how the commissioners feel about our control to the department. >> i don't know exactly what that means if we approve the permit with the two options it seems to me that is giving them the flexibility to work out what they need to. >> we're conditioning the permit if it didn't fall within the permit they'll have to come before the board they're asking for the department to have i'm not sure i want to relinquish that much but - >> whether the department finds some in lui determines of

strip larpd of some type of to replace it a general public comment first before we start my projects we usually make sure there is a certain know what the utilities are and as part of the initial design you know where your utilities are so that's not always something i buy hazard to be analyzed, however, we're in a situation with remedial force can we find a solution to this. >> i will reiterate that i don't care for option two. >> i'm prepared to allow the department then to extract what we can out of this. >> my further comment. >> it was - very refreshing

to. >> and the developer. >> to hear that both the developer and the department still working closely together proactive proactively initiative and the proactive with regards to the future considerations of what might happen and didn't we don't get that very often so my compliments as well to both working together i have no problem with the recommendations before us. >> you have a motion you'd like to put forward. >> would you like to try. >> i'll try. >> i'm going to need you to - and we would uphold the denial grant the appeal and overturn

the denial. >> make a motion to grant the appeal and condition the permit on the implementation of one or two options as presented by the appellant and the department. >> that would not achieve the request that there be flexibility in case neither of the options workout so one option for you to consider that you continue this case to let that play out and then bring it back quickly from the board would like certainly bring it back quickly and or perhaps a way to craft the motion to have the discretion to make changes to public works. >> i don't know how my i'll see what my fellow commissioners have to say i'll not have a problem to grant the discretion to the department if necessary

other changes. >> i have no problem. >> there is. >> yeah. for the same objectives so - >> okay okay. >> okay? lucky permit holder >> be able to capture that madam director. >> only option two not a copy that have in our records i assume option one is exhibit a to your brief. >> you want to step forward one or two neither options were in the brief there was changes when the brief was submitted to i - i have copies of both option one and two and i can hand over right now if you want that for the record. >> we need that in the file part of motion i'm understanding that the motion will be to grant

the appeal and overturn the department and issue the permit on the condition that either option one or two be adopted as the planting plan i assume in that order and maybe not i mean, if there's discretion. >> i think discretion is fine. >> and then if neither of those options if you shared - if other conditions arises and necessity other discretions this will be the discretion of the department. >> that's correct. >> and the basis for that. >> on the basis that the plans will meet the desired objectives of both parties will it work.

>> (laughter). >> the plan. >> yes. okay. >> on that motion then. >> - >> if i can add a little bit. >> i don't know. >> proposed that we don't leave is to open the determination of opposition is at the direction of department accept the direction of the department. >> that goes without saying didn't it they'll not get their permits. >> but there is. >> okay. do you want to take out to say that the tack out the reference to the options and . >> no, i'm saying do the two options the final determination and those occurred with the

acceptance. >> to clearly state it. >> okay. >> i was thinking they're getting cart blafrn. >> they may windup negotiating something else. >> with that amendment accepted by the motion maker on that motion commissioner vice president fung commissioner president honda commissioner wilson and commissioner swig that motion carries and those two options have been submitted moving on to item 7 appeal bonforte and leung investments on divisadero street appealing the issuance of 2015 of a letter of determination regarding

whether a professional serves as defined in the planning code section is a permitted use in the existing ground floor commercial space in the subject building. >> good evening and welcome. >> i'm the owner thank you guys for hearing our appeal i'm here to appeal reheard a letter of determination we received from the planning department i believe that there is a fundamental error in interpretation in the planning code i'd like to request that the board remove the conditional use for my company give you a little bit of background we're a design studio in 2009, we began and we don't logo and draft designs in 2010, i was hiring my first employee before i did i rented a space at the current location at divisadero street and the

employees walk or bike to work in the break downs neighborhood par 2348d we decided to expand to the neighboring space take over the entirety felt ground floor when the tenants left we had our plans approved by the city and started construction planning reviewed the plans we'll talk about that i'm sure in january of 2016 we actually became aware of a complaint that was made to planning we reached out to start a dialogue in 2016 we received a notice of enforcement that is the dated of construction project waltz completed that this permit was closed since we received the notice of enforcement we work closely so resolve that our experience work together the planting has been great they've only been professional and curious in my

interactions the two allegations that came up in the notice of enforcement i wanted to talk about 24 it came up in the break downs brief there are two one we again offer the services to the public and the second was that planning didn't review our change of use or approve our change of use in the planning department brief this came up again, i'm surprised we went through that with the planning department we were working with the notice of enforcement our architect is a here and she can speak to this if you have questions about the permit approval process and the permits sorry those issues in the notice of enforcement were resolved this can i have the overhead? this is actually an e-mail i received or sorry i sent after we met with them and highlighted

here - >> sir, you have a lot of time go ahead and read that i can't. >> i highlighted departments the part we met with the enforcement and basically, it sounded like you guys have no questions about the review process we that was listed in the notice of enforcement but sounds like it was not resolved if it is this case the response from planning was actually this. >> can you bring over the mike, we, hear. >> sorry about that thank you for follow-up we will have a responded by wednesday morning followed by this e-mail we find in in lui the actions the department thinks the best action to file a conditional use authorization application to

legalize the space you occupy to business or professional services this is required per planning code we'll pub talk about that code in a bit as far as we're concerned we went forward with the conditional use authorization it was based on the planning code and not actually nothing in the n o e and not bans those issues in the review of the change of use plan so when we started the conditional use process i had meetings with different staff and planning i got different interpretations of the planning code at this time and i think was at one point it was a land

use i requested a lexy want to walk you through the code we went through the letter of determination this is actually, the planning departments brief can i have the overhead? i'm sorry as you can see we're actually permitted use 746 professional services is a professional use on the first floor the planning department said, yes that is true but there's additional requirements in 746, one through b we've got the ground floor

commercial a table called - which i'll jump to that has includes additional requirements the first part i want to point out is an ability b it lists the areas that that employs to not to divisadero street where we are loejd located we point out that the planning department says that's an omission they'll update but that table one 45.4 that listed the permit use we're actually were not i'm sorry business professional services is not listed there and in that omission the planning department has said we're therefore required to do a conditional use

hearing my point i have a couple of points i'll assume 0 we'll have a conditional use requirement but from the beginning this is not an question of code for me this is actually what we did when we reviewed the code and very clear we're a permit use although no one is here your time is up. >> finish that thought. >> we've gone through planning they've reviewed the plans and we will will expect them to bring this up and earlier we were reviewed the code didn't seem like the interpretation of the code is logical and not match up with the what the code actually says i think that is very clear so we would like to have the board review the letter and as that pertains to my company or our use. >> okay. thank you all have

time on rebuttal thank you. >> is your construction finished. >> it is been finished for a year plus now. >> thank you. >> is there anyone here on behalf of the the subject property property owner if not. >> thank you scott sanchez planning department. the the subject property on the draft eirs commercial zoning district previously within at the mc-2 a generic zoning district and would have been that way since the creation in the 80s in 2012 supervisor initiated the legislation to create this is as a neighborhood commercial district we have in north beach and noah valley and parts of castro and with

specific controls unique to draft eirs drifrts the initial legislation that was put forward by then supervisor president breed didn't have the requirement for the ground floor commercial use but through the process commissioner london breed was for the record informed of that and requested that be added to the planning code that's why it is added it does i know can be confusing because there was a contradiction in the code language in the table is listed in the section it says required ground floor commercial that's because the neighborhood commercial district is a bit broadly this applies to parcels

on divisadero that don't front on divisadero that's why not a seed throughout a specifically control for the street it is correct that there is an omission not included in the applicable streets in one 45 point the legislation that is moving forward with the board of supervisors that is very clear from the record it was the intent i think from the table this control applies so that was the basis of letter of determination whether or not this requirement applies to tell you the truth we believe it does the record is clear the legislative record is clear that's the supervisors intent and that's how it shall be carried forward now a separate issue with the individual use here we first received the complaint about this change of use in the beginning of last

year there was a pit stop on the corner and a complaint came in this changed without a permit and we've been seeing a lot of conversions to tech office and i think that was one of the initial concerns working through is trying to learn brown more about the business within the service category or general office we looked at there were recommendations made they've obtained permit building applications we reviewed that and we have concerns because it appears when staff had reviewed that and bans our records what we input we create a record at the office and put in there it is listed as an office remodel that was a storefront improvement and no change of use

was not our staffer looked at the and approved that after that time i don't know it was clarified and initially dated after the approval for the initiative that was changed from retail to office which that was not i believe reviewed by our department this has been raised that the appellant in the break downs past and not provide that answer we don't believe that properly authors the change of use that is a cf c last february after the complaint was created but before we got to throw the investigation on the use and the appellant has been responsive we appreciate that after being made aware the visitation had offsite visit with the staff and learn the business and filed the

conditional use application and shortly after filed the letter of determination request and now before you they dispute the fact that it is required to go to the conditional use process those are the main points i wanted to address you know we appreciate the sponsor has been responsive and look forward to moving through the process undergo the commission hearing it is being required because if so not a professional service is not listed on the table of the uses that are active uses this is to a conditional use process in the section and that the application they applied for we ask you uphold the letter of determination and then they'll continue with the process to legalize the use i'm available

to answer any questions. >> i've got a question and bingo the first. >> can i second. >> i apologize you said the first construction as you look at the statute; right? you said that it was not listed ; right? >> so it is listed in the table for the divisadero commercial district it states it ground floor commercial uses are required and cross-references additional information and details. >> or the but, but clear in the break downs planning code and the tables for the district it ground floor uses ground floor commercial uses are required. >> where is it listed. >> it is listed in specific

districts should be cross referenced in there but omited clear the intention of the board of supervisors this requirement apply and clear from the table this requirement applies from the use table that that district it applies. >> and the amount gut should be construed against - and approving or disapproving. >> construed in the intent of board of supervisors when they passed this legislation. >> it was clear had they intended that that implicit applies. >> it is usually something that was omitted not presumed it applies; right? >> in this case not omitted from the use tables this is requir

required. >> batter up. >> so just to put it in simple language i think i drove by the corner i drive by that corner a lot and familiar with the neighborhood and i've seen the neighborhood over 65 years of my life go from all sorts of directions and now it is probably the best it's a been in a long, long time and it would seem i'm asking you for your interpretation of my view is that it was the intent of the board of supervisors to really make sure that retail was placed in every storefront along that street because retail would serve the neighborhood the immediate neighborhood and retail would provide vibrancy

and street traffic all the good things that bring special dynamic to a neighborhood is that correct? >> absolutely at the beginning of every table they kind of give a brief synopsis of the intent and promoting continuous business. >> on face value given that point of view we see commonly you don't want any business or non-retail at all anymore on that street it is that they may be allowed with going to the conditional use process and if they can demonstrate they'll not have an adversely impact on the retail frontage i mean it would be cases existing non-conforming building that may not be well suit for retail uses this is an exception process you're right the goal to insure and prompt and protect a vibrant ground

floor. >> with all due respect you respect the appellant and very much respected the small business and you've built the business so successfully that is a pretty important corner to you know to the retail vibrancy and the whole spirit if it was a mid block and a 15 or 20 foot you know space that was kind of low key that's a hefty corner that really goes flies in face of retail not criticizing but supportive of our situation at the same time, we have a loss you know so - what makes me in if point of view that business

from my point of view should grow a conditional use shouldn't have been allowed in the break downs first place can i ask how this man a small business owner built it from scratch doing well, i'm assuming and now has built this building out and probably done it nicely how did it get so far. >> i mean - what and i mean, why wasn't is stopped in the first place. >> our staff reviewed did permit the permit or the description was not listed as a chance of use from retail to office it was listed as a remodel of an existing office use it was clear from retail how you can put that on plans an office remodel no history there

would be much confusion and if if was corrected unfortunately corrected from we we can tell after staff had approved that that and clear from the plan that we have a copy in the break downs brief that they crossed off the description and changed the description and dated post approval from the planning department. >> is one to assume that again i don't want to invoke the appellant but you know take a hard view and softer view two choice a choice of misinformation the appellant was ill-informed by someone that was okay to build there or did the appellant say oh, it was meant for retail but it is a - that's

where i want to put my business i'll take my changes. >> i don't know, we'll have to ask the appellant kind of how their went through the thought process and again, the architect is here may have more to add it completely could be unrelated i nodded in the break downs brief this building has a history of violations for short-term rentals going back to 2012 at one point filed a conditional use authorization to legalize we'll recommend disapproval they came into compliance in preparation for the hearing last week he staffed our enforcement staff could take into account this and make sure they're not out of compliance they'll actually out of compliance and doing short-term rentals that's again, the business owner. >> are they intertwined. >> no, but i don't know if -

the appellant got information from the property owner there is certainly we have an issue an ongoing issue with the building at large that it is quite concerning. >> is that possible was misinformed by a property owner that didn't care about upholding the rules. >> i have a question when you talk about legislation and you know this brief was kind of hard to go through i didn't get it i wrote notes and didn't understand there is public health fingers but everyone is being nice you're a a, in fact, and buckled i think that bobby hit the nail on the head is that the equity or you know when was

that addressed london breeds legislation come through and the actual law on the books that. >> it was effective in 2012 and a multi year planning process i think we had our hearing on that when supervisor was in office and in 2013 and didn't complete the board review until the end of 2014 which is when became effective. >> i'm on the old block my old office on divisadero i believe there is a lot of change metropolitan and car washes going to be gone a lot of retail on that block make sure; right? >> two questions when was the emission noted. >> so the planning department reviewed the permit on i think

may 22 is the day we approved that and about four or five days later nodded on the plan the project description was changed from what we can tell not brought back for review no record reviewed after that description was changed. >> actually, i miss stated my question i apologize not your fault the omission that of street in the relevant planning code section. >> you believe that was uncovered as part of 24 process. >> so that was i mean, if you - a neighborhood planner and you look at here and say has a ground floor use that is clear it is less critical on a separate section that concludes

many under and i euphony. >> moved to the board of supervisors to get it part of a much larger piece of changes to the neighborhood commercial district but it would modify with that. >> and my other question is the appellant allowed to continue users it in that fashion until the matters are resolved. >> that's our standard policy they've been doing so you mention penalties have not been accruing through exhausting this process period of when we filed their application last may they'll complete that process would have been done by now but, yes - and okay. thank you. >> sorry to. >> i've got a question and go

ahead. >> the what is michaels pit stop. >> that was a liquor grocery store a general retail formula or retail use. >> the planning code their tables establishes different information in different parts what you indicated was clear it's been a building standard portion whereas the zoning portion didn't have my of the information is there a reason for this. >> there is the controls apply to narrowly to those properties that front in the divisadero but the divisadero commercial district the table applies is

broader some portions the divisadero mtc the required ground floor portion will not apply and a use per the table. >> i understand that but the fact is that you indicate ground floor needs to be commercial there are awnings. >> i understand we've highlighted this to the board of supervisors it has you know been represented as angle issue in other cases that is more straightforward to regulate the use itself but given they want to treat it more in a refined fashion it is an excellent point to better tie together the codes but not heard anything in the project sponsor, please. >> or the appellant they're saying this is this shouldn't apply to them this issue here

they've not said how they relied or given information based on what was in the table based on that i've heard. >> thank you that was my question and thank you commissioner vice president fung the question is as commissioner vice president fung pointed out enforcement from planning is being enforce on a building code not on a planning code. >> this is a planning code requirement it is called under the building standard. >> okay. >> because a i didn't understand that. >> it is a planning code requirement. >> okay. thank you. >> okay. >> thank you. >> any public comment on this item? i think are you architect ma'am. >> you'll need to speak in the break downs rebuttal opportunity my public comment if not we'll have rebuttal and however you want to use your 3 minutes. >> you have 3 minutes use your times or relinquish part of your

time to the architect. >> hi, i'm the project architect for the project so i want to touch on two things can you hand me the table i actually building he's in on-ramps i understand the planning code has you know become concerned with not being able to clear with the tech industry companies the people can walk if and get designs and christmas are cards a car wrap or anything so christmas cards i mean a number of things 746 says professional services are permit in the break downs divisadero mtc only runs from haight street to 0'farrell on the top too this

is professional services is clearly listed as being defined sorry can i have the overhead? >> when you go the table this is a section that says sales and services and retail not professional services when you take the section of the code and the existence what 790 says a commercial use that provides good and/or services directly to the consumer my provide services to t to the general public comment i'll paraphrase light manufacturing or wholesale for administrative services this is a graphic not light industrial so i still feel and building that his use is fully in conform and about the documents

we started the permit process on may 12, 2015, we opened the permit and went to the planning counter and met with a planner i'm sorry i don't know who it was they wanted more details of elevation to show demolition and the construction of changes to the windows and pulled up the use it is on there and my cover page - says right on that it says office model sorry overhead it says office remodel that can be confusing it says it over here too when you look out the page by page on the floor plans we converted the market space and later when we contact by the planner that was stamped on may 22nd of 2015

the again having the planner looking and siege we're removing the pit stop signs it the - implications we're not making clear to expand into the corner space is a misleading a note about a - in the permit process so and change the use has been cried i don't say that it is open to a general public comment from a liquor store i believe they're in the same category under the planning code i don't consider that a change of use but the fire department asked us to change during the fire review of the year or f to a b or m to a b not correct but not in the

planning code in any way. >> thank you zoning administrator. >> the - >> sure. >> approving or disapproving come to the podium. >> how many people a week from the general public comment walk into our place asking for christmas cards or my retail use please. we are - it's per week we're similar to an architect that is defined under businesses and professional services that's what i wanted to point out not a stream of people trying to make your place a

retail. >> no, but we have gotten neighborhood business morris has taken over that corner and working with the neighborhood association to logo and working with folks to redo the website they walked in and asked us. >> the representation of the business owner with regard to the use of space with business owner give you my information related to any deterrent that might have deterred you from operating into the space tell me the satiations six. >> we predated the building owner we were there originally with permitted use for our space 295 on the corner and whether

michael the owners were they were leaving we were working to expand we approached them a asked them about the space and relied on the architect we did preliminary work and in compliance our full intention to be compliant and if someone said time out we would have stopped and we would have looked at the use and our plans. >> thank you. >> thank you. >> anyone else have my questions. >> you were prepared at one point to start the process and then why did you stop. >> we - it wasn't clear if we could precede when we met with staff with the conditional use hearing someone met with staff it was a land use on or about and couldn't do a hearing we didn't say an answer on the code

itself that's why we did did letter of determination. >> i'm not sure i understand all conditional use are man use issues. >> i can't speak to that. >> (laughter). all right. >> i had a question for the zoning administrator i think you know the breakdown of the usage. >> he has rebuttal. >> i completely forgot scott sanchez planning department maybe just a few items on rebuttal can i have the overhead, please? this is the zoning map of divisadero mtc so there's the main spine of the divisadero but it branches off like fallon oak a bit deeper there are frontages not subject to this requirement then in regards to the building

application i'm looking at the demolition i don't see my notions and it says the architect noticed a remodel just to be clear i think when was presented to our department it is a chance of use that's why we have a planning code and the builders understand we have a refined set of extinctions and this is a change of use from a retail use and the argument i understand that the architect has put forward about that general retail category that is for uses which are not otherwise defined such as as this a business and professional service the line of argument that the architect has one that was put forward with the formula retail use there is similar language in the formula retail use provisions that has

references that catch up all categories this board found that if didn't include all that are listed under the sun this was not the boards intent to include the professional services here in regards to the confusion thought maybe about the use initially one the concerns and questions we had is that a professional and business use are a general office use i think as demonstrated from the e-mail from staff we advised them to file the conditional use authorization they can move forward with that think of that probably met the minimum standards for the business and professional services recommended the used to be to us but have the conditional use process and by the planning department whether or not they felt that was what proper use for in location maybe that's

part of confusion but in the letter of determination they didn't seek and letter of determination of who the use was a business and professional service use bans a letter of determination about who a business and professional service use been permitted or conditionally be permitted based on this required active commercial use requirement so i'm available to answer any questions. >> yes. one minute. >> take a break for a second if i need to. >> okay. >> i forgot to ask if my of the public -

>> so i have a question mr. sanchez just looking at the briefs i didn't see really the highlighted portion of plan but coming to the current and they're doing a remodel and it says mike's and joe's liquor store it shows a liquor store in comparison didn't that raise a flag for a planner. >> they didn't. >> oh. >> it shows this liquor store. >> no motion on the plans that was listed as an office remodel it is - i mean a fair point there is a photo. >> well, that's what i'm getting at a liquor store and

says mike's liquor store and as built reflects a liquor store rather than a professional business and professional services. >> it is shown on the as lists conditions no reference to retail of new kind. >> i agree a picture shows a thousand words. >> the planner was relying on what was written. >> there is a valeted argument why the planning department planning code should rely on what was submitted and ask for questions and never approve anything over-the-counter it was a high volume and can be at times working at the countered and this is imperative the project sponsor provide clear and accurate fox we can touch when prepare catch when people are representing not accurate that was approved as an office

model. >> mr. sanchez this was an over-the-counter permit. >> yes. >> okay is this similar to the supply store the issue one it was a mission district where dave wanted to put a child's educations program in a storefront retail and was not allowed it's not allowed and put the pirate supply store in the front and the kids education in the back. >> that's what all the pictures of the tools. >> there's been cases where the requirement calls for the first 25 feet to be active use so proposed to have a non-use that don't comply at the back and the code allows that. >> so my point is this is really i think this is very

important to point out it is. >> do you have a question. >> okay. what's the question because - >> go ahead i'll wait for a conversation. >> go ahead, please. >> i'm not - >> go ahead. >> does the fact that they were there predivisadero change from a mtc have my impact on the permit in the sense there expanding into another space but they already had quite a bit of space. >> their subject to the current controls. >> i'll wait for deliberation. >> deliberate. >> thank you

commissioners, the matter is submitted. >> and again, just a reminder a letter of determination not the permit. >> this is about a letter of determination. >> so let me continue i think that is really i'm tremendously sympathetic to someone starting a small business and trermgs sympathetic to someone who is successful and sympathetic to someone that spent money building out a space and then gets a big surprise, however, i think that is incumbent on the board to be responsible to the legislation that is there and responsible to the spirit of that legislation which demands to retain the retail character of those specific areas if we are easy he agree with nevertheless, i say take the

side of da on this and if we are overly sympathetic i'd like to be it then i think we undermine the spirit of the legislation in place and we should require that that it go to planning for a change of use an appropriate change of use request so i kind of in the deny the appeal mode. >> either - and as is director mentions this is a letter of determination an l l d the question whether everything in his rational were in agreement with you know, i think

if you look at what bodies have done this post rationaltion it is clear right away so if i look at the 3 pertinent portions the planning code forms the decision the two more critical was dealing with zoning allows business and professional uses the one portion that deals with building standards didn't allow and so if i was to look at it in light of this i don't see intent and if they want to change it they should change it but in terms of what the code sections says not clear in my mind to anyone on the public and by the way, the architect your definition of land use are not

with the planning code says so i think that is pretty well defined so but in terms of the whether i agree with the l l d i don't as. >> as i stated before or during we see a lot of briefs it is i'll material to go through this was difficult not that it was lengthy or long brief just as my fellow commissioners said that was unclear which way it was to fall on and to have it on intent only i think that harm to the public as stated if that's the intent

it should be on the website and in writing tonight i could go either way but leaning on you know there's no statute that says their permitted or entitled to go to the former location even if their, their prior there was a good attempt on both parts and you know my thing a picture says a thousand words if i see a picture of a liquor store if it impacts like a duck it is a duck not a cat i think there is a gray area and is that worth to put the permit holder into that area i'm familiar with the neighborhood. >> it looks like a duck and quacks like a duck if i'm at the

considerate and see office renovation. >> if you show you a fare ray and put the word pinto it is not a fearingy. >> you have to find the abuse of discretion and make a decision. >> i don't find here a abuse of discretion. >> someone want to make a motion. >> letter of determination be i find no error or abuse of discretion i'll start with that house is that. >> boom. >> want to make your comments. >> we have a motion from commissioner swig to deny the appeal and up to date the letter of determination on the basis the zoning administrator didn't error or abuse his discretion.

>> that motion commissioner vice president fung no. >> commissioner lazarus commissioner president honda no then commissioner wilson. >> no okay. so with the vote of 2 to 3 that that motion carries absent my further motion the letter of determination will be upheld by that proclamation of law. >> i'll make a motion it will probably fail i'm going to move to grant the appeal on the basis that the da erred and that with respect to the critical portions of the planning code which is the table - 746 and the corresponding

section 14. >> so the motion then to grant the appeal and overturn the letter of determination go on the basis the zoning administrator erred in the interpretation of those two okay. >> interpretation of planning code table 746 and the corresponding section 145. >> that's correct. >> on that motion by the vice president commissioner lazarus. >> no commissioner president honda. >> commissioner wilson no commissioner swig. >> no. >> that motion fails with a vote of 2 to 3 again baring my further motion

the election is upheld by the determination of law no other motion no other there's no further business before the board adjourned. >> we're adjourned next

>> roll call commissioner adams here emanuel here woo ho here kounalakis here >> get him 2 approval of

minutes of generally tend 2017 >> so moved. >> second. >> all those in favor say, aye. [chorus of ayes.] opposed, say nay. >> item 3 public comment on executive session >> is there any public comment on executive session? seeing none, becoming next item >> item 4 executive session >> so moved. >> second. >>i moved to reconvene in open session. >> second width all those in favor say, aye. [chorus of ayes.] opposed, say nay. b was i moved not to disclose anything discussed in closed session >> second. speed >> all those in favor say, aye. [chorus of ayes.] opposed, say nay. and secondary next item >> pledge of allegiance. >> >>[pleage of allegiance]

>> be advised ringing of use of cell phones pagers and similar somebody's electronic devices prohibited at this meeting can please, be advised that share eight order from removal when a person responsible for bringing of or use of a cell phone pager or other similar sound producing electronic device. please be advised member the public is up to 3 min. to make pertinent public comments 22 agenda item on unlisted port commission adopts the short period on any item. >> any public comment on any of them not listed on the agenda? seeing none, public comment is closed. mdm. sec. next item >> item 9-8 executive directors report >> good afternoon members of the commission. members of the

public and port simon lake forbes or director. the first item is to congratulate pier 30 on august 30 ninth birthday. it was october of 1978 that pier 39 opened on schedule i here to here in san francisco. at its opening pier 39 had 50 stores, 23 restaurants, a diving pool and street performers. today it is a two-level open air festival marketplace which owes 60+ specialty retail shops 20 attractions 14 restaurants including the rock café and bubblegum shrimp cold pier 30 on offers breathtaking views of the bait out because golden gate bay bridge and the 300 berth marina and live daily entertainment. one in three visitors to san francisco goes to pier 39. today we have kept the paper here. she's the senior vice president of

marketing for pier 39 and she's come here to talk to us about the year-long celebration that pier 39 is kicking off an senior vice president she is responsible for the continued development and implementation of pier 39 overall efforts to be a wonderful tourist destination to promote special events and community relations. we are very grateful for the work pier 39 has done to enrich and i live in our waterfront and it's just a true anchor to bring people back again and again to this lace and we are very proud of the effort. so if that if we could have missed paper come to the microphone. >> hon. commissioners director forbes and port seven thank you for allowing me the opportunity to tell you about pier 39 birthday celebration. in the late 1970s savvy san francisco businessman warren simmons dreams of building an urban park along the city's

underdeveloped waterfront. october 4, 1978 simmons dream became a reality. when he transformed his dilapidated cargo pier into pier 39 and eclectic collection of specialty shops restaurants and attractions. the first public private partnership project built along the embarcadero since world war ii pier 30 on pave the way for future development on alongside the bait. in the beginning the property was built in controversy and various legal battles. after opening to the public it was evident that tenant sales were much lower than anticipated. due to these issues and only three years after opening to the public pier 30 or so to warren south's forte was to take undervalued and underperforming retail properties and bring them to their full potential. warren south management team has worked oh generally since 1981

to evolve pier 39 its tenant mix, and the guest experience into what it is today. san francisco's most visited attraction. october 17 works pier 39th 39th anniversary on the san francisco waterfront. yes, bp or 39 is turning pier 39 - excuse me - pier 39 is turning 39 and what better way to so right when a one-of-a-kind so patient for the record books. it started in mid january at every friday for 39 weeks guests are invited to the pier to celebrate our amazing views, or fresh seafood unique local shopping and of course the sea lanes. each week pier 30 and will offer something different from discounts and giveaways to funds

special events like movie nights, a 70s over disco party, pure and wine and a lot more. the celebration, dates with a press conference on october 4 which is piers 39 actual 39th birthday and it will be followed by artificial birthday bash on saturday, october 14 which will feature live music and fireworks of the san francisco date. other than the wine and beer pours, all events are free and open to the public. pier 39th 39th birthday marks several years of extraordinary success. in 2016 pier 39 posted the highest annual season the company's history for six consecutive years. additionally, pier 30 on now welcomes over 11 million guests annually. according to san francisco travel associations most recent visitor profile studies in 2010 and 14 43.7% of all visitors to san francisco visit pier 39. we actually be was more than one entry >> yes. we actually surpass the golden gate bridge by a couple tenths of a percentage point but we will take it. we

are proud of the b pierce tremendous success over the past 39 years in on behalf of pier 39 we like to formally thank the port commission be port of san francisco and its after all the support we received over the years but we are certainly grateful to our tenants and our employees who create wonderful guest experiences each and every day and lastly, we thank all of our local domestic and international visitors who frequent the frequented the pier beaver nine weeks of salvation are just our way of saying thank you to all these important constituencies. i will share the schedule of events but if you're curious just visit our website and go to the event section and you will see 39 wonderful events all lined up for you. we hope you will join us in so bringing our namesake birthday. thank you. >> thank you. >> thank you. kathy?, before you leave, i have a plaque here for you. on behalf of the port

of san francisco, it says congratulations and happy anniversary for pier 30 on 39 years of amazing views, fresh seafood, unique local shopping, and of course see line. the port of san francisco february 20 2017. just want to thank you so much and for all your hard work and this is such an honor that you shared with us. probably, any of you have anything to say? okay. spears i should say as a child growing up in the bay area was thrilled when pier 39 opened up and thank you for everything that brings to the bay area residents and visitors alike. it's really a wonderful spot and we are thrilled to pier 39 >> i agree i look forward to attending some of these events and thank you for the little treats. >> i just want to add i do not open the bay area but my

children that's my first expense with a waterfront was really taking into pier 39 so it is a special place in terms of history of my first experience on with the waterfront is about. so i think it's amazing that 39 years has passed already. don't message much about my age but anyway it's a very glad that i think was very novel and we have seen other projects across the country that have modeled themselves after pier 39. is a real pioneer and i still remember i was a city bank at the time and if you go back citibank actually have its name on the theater at pier 39 for a period of time. so that's a long time ago. congratulations. >> do you have anything to say director forbes >> not anything beyond what i've already said and just thinking you so much the partnership and the vibrancy brought to this order from. it's really remarkable so thank you and congratulations on your birthday. >> so, cathy one of you meet us in the middle the commissioners and with director

forbes we will take a picture. >> >> [photograph] [applause]

>> next item is also celebratory in nature. i wanted to announce the port employees of the year for 2016. on tuesday, january 25 we celebrated our third annual breakfast of champions event and this event is designed to celebrate all our employees and to give special recognition to those who made extraordinary contributions in 2017. this is a employee democratic process where all employees can nominate peers, subordinates, colleagues, and there is a committee that leads the nominations and makes a selection. so i would like to

start with noting our team awards. there were two given at this year. the first is the team innovation award and that went to the train shop and you see on the left and gene sheets, neil hilliard, and luis alejo's and his team built an program computer center units used to monitor the performance of sewer pumps. they built a prototype and are now producing units for all sewer pumps at the port. they built the units for half the price that we could have gotten out there in the private sector and they wrote the computer code to run the system and user interface. their design will provide better maintenance of services and say that before time and money on emergency repairs and damage and as you know the quality of our big water is significant important in this team really provided some innovation this last year for us. it will benefit our pay. the second team award is to the homeless response team could you see on the right-hand side. tom carter, brad benson, daily

denim and can passion. this team works with many city departments on an interdepartmental response to the cam and solutions that one water cove park in july of 2016 in its was screened. in september of 2016 and they also earned neighborhood support these option of the osaka waterfront navigation center on the vacated portion of 2050 miss a lot of hard work and innovation that they deployed to come to a good result for us on a difficult issue. so that's the team award. if we go to the division picture, please should there you are. okay. we also gave out awards to our divisions. the first is to [inaudible] here served as an outstanding project manager for many years and really needed acknowledgment for his work on the organ project on pier 70

this past year to the next is [inaudible] in the finance and administration division. she's been called to wear many hats and is done so well this last year. she did. significantly to the preparation of our financial statement not she is also serving at the port represent to the financial assistance project which is the cities change from famous peoples financial she is our change agent and she's responsible for inspiring our team to make a very big change in the computer system we are using. the next person is raman singh and engineering division and he was extremely helpful last year and collaborating with port staff, pg&e and sf uca and other agencies that is been the speed point person for dinner resolving disputes and eight provides cost effective solutions for engineering. one perfect example is that other shipyard we been trying to cause the removal of hazards

transformers did the initial evidence was $10 million and with his great work the alternative solution has dropped to $3 million. next employee is rené martin in the executive division. she has had a banner year coordinating public events and notable projects that she's cost more than 200 news articles most of them good about the port and our tenants she correlated the kickoff reception of the waterfront land use working group. chair supports marketing committee develops sponsorship for pilot program and launched at sf port which is a great orderly digital interactive newsletter which is growing in readership and this is just a slice of her very notable accomplishments. the next employees job monroe and her maritime division. joe became our harbor master in april of 2015 you selected by the port. it seamlessly manage the south beach harbor transfer from the redevelopment agency he is a amazing leader in our organization and he helped

transfer administrative maintenance responsibilities and he works to provide for a really overall class harbor. then we have dmitry amaro of our real estate division. dmitry is an exact song employee. his work is above par. he helps out and volunteers in numerous ways. he improves reporting of the ports monthly revenue reconciliation and park management he helps to ensure efficiency and workloads and routinely goes the extra mile stepping up every year to work on fleet week and serving as a virtual doc. finally, we have mr. dave ron miller of maintenance division. he works across all divisions to bring creative solutions to maintenance and engineering projects. it's expensive institutional knowledge serves the port greatly. he's improved our plumbing substantially and

his interests goes far above and beyond. he is the person behind many of our shops on our calendar. is quite a prolific photographer of the port. so some of the awardees are here if you could stand, please. [applause] >> thank you so much. i did want to make an announcement not on the agenda and there's quite a bit of debris in the bait right now i want to let you know that we have worked with the coast guard and with our environmental agencies have concluded that this debris is really just due to the recent storm and it's nothing to be concerned about. but many will see quite a bit of debris in the bay. finally, staff asks we adjourn the meeting today in the memory of that scope kounalakis and a speedy from delancey street that concludes my report >> thank you. mdm. sec. next

item - excuse me - any public comment on the executive directors report? seeing none, - excuse me - any public comment? seeing none, public comment is closed. sorry about that. next item >> item commissioners report >> colleagues? >> i would like to just say i the opportunity to attend a memorial service and it was a great tribute to the life that he led and so many people that he touched at delancey street. there were people there from the 70s who were delancey residents up until today and just to see amount of love and support that he had and his

family was there and they just did a really lovely tribute to him. so i am sure well-meaning did a great job. it was [inaudible] so i'm happy we are adjourning the meeting in the memory of him and commissioner kounalakis mother-in-law. >> commissioner? >> i do not anything particular to report that i wanted to comment on the executive directors port employees of the year. i know that everybody at the port works on a mission basis. it's not like in the private sector where you can expect a lot of monetary the wards could you obviously odyssey work from the heart and soul from what you believe in the mission of this port. it's wonderful to see that some of you who do go out above and beyond i just want to add my personal congratulations and say that when i called this psychic reward you do get because you don't always necessarily get more than just the recent sellers you do get at the port. i want to

particularly comment on that because i think it's amazing what we do here at the port could all the employees not just the ones in recognize but those particularly that of done something very distinctive this past year. i believe they deserves a real shot from a commission so thank you for what you do. i just want to mention that on behalf of myself. thank you. >> mr. katz >> i just want to congratulate employees of the year. i know many of you have heard me setting the employees at the port amongst the best in the city. families abstain it because i did not want others to catch on to upgrade everyone here is. but truly, congratulations. we all know how hard all of our employees work and were thrilled to be able to recognize those of you who've done such stellar seller work on behalf of the port on behalf of the city and residents of san francisco. so congratulations and thank you. then also i want to extend my condolences to ambassador kounalakis on the loss of her

mother in law and to marcos on the loss of his mother. just really a warm loving family. it so hard to hear of your loss but she sounded like an amazing amazing woman. then i wasn't able to attend eight-memorial service but i've known him for many many years and truly a loss to so many and he's changed so many lives not just in san francisco but across the country is been such an example on what it means to really turn her life around and really make something of yourself. he lived that every day and made sure that he brought others along with him. so again, my condolences to the family. >> commissioner kounalakis >> i like to also semi-congratulations to the awardees here at the port and just say as the newest member of this commission it's just impressive to me. every time i

am here how well run and well organized and efficient and productive the team at the port commission is that clearly comes a lot of pride in the work that all of you do your job and for your city. so i want to thank you for everything you do and all your contribute. it is so taken aback and humbled they would close, propose to close the session today in honor of abe of course and also what my mother-in-law.-kounalakis was a refugee. she can do the united states as a refugee from the island of crete after the second world war. if she had not come to san francisco icily would have met and married her son i would be living in san francisco and i would be on this commission. she was a lion and just an incredibly loving and wonderful person and she loved san francisco so much. she would not have been here without the openhearted

kindness and policies of the united states government to let her come to the united states. so thank you. >> i would like to thank director forbes for carrying on the practice of champions. i think it's a great concept. recognizing our staff and all they do so thank you. thank all of you for all your hard work. >> to our staff it's a special gratitude for you. thank you very much. a lot of times you come to work day in and day out people may never say thank you. but were all public servants and the guys: and gratitude so many times we get to do something a lot of times it has nothing to do with us. that means we are real service when we get to do something for other people other than ourselves and you get to do that every day the men or women at the port. i just want to say personally thank you so much. when i moved to san francisco in 2003 eight with sorry was

one the first that; into delancey street did when you first walk in there there's a table and it's jimmy herman's table. that committee jimmy herman was not only the president of the international longshoremen warehouse union but also the president of the port commission but jimmy along with the burton brothers, nancy pelosi, willie brown, it goes all the way back. they started delancey street. abe was one of those guys that graduated to the program a lot of people may know the story-he was up at pacific heights and they the residents of pacific heights didn't want delancey street in the neighborhood because they were convicts, men and women getting out of jail. but those public servants in our city felt like everybody deserves a second chance time jimmy with the president of the commission

be working with the head of the development makeup this area over there at delancey street. i think 02 20-30,000 young men and women graduated. once again as i was just saying doing something that doesn't even belong to you. having the courage to do that because it was the right thing. at this time we were having a moment of silence for abe and basso kounalakis. >> >>[moment of silence] >> may they rest in peace. mdm. sec. next item >> item consent calendar request authorization to advertise contact 278 three pier 31 utility restroom project. >> so moved. >> second. >> any republic on 10-a seeing none, public comment is closed. colleagues, all all those in favor say, aye. [chorus of ayes.] opposed, say nay. mdm.

sec. passes unanimously next item >> item 11-a informational presentation on beta work on the operations and public programs on the eco-center at ahrens had part. >> good afternoon commissioners. executive director forbes. memo to the public and colleagues. for those of you have not met me my name is elliot riley [inaudible] manager assigned to the southern waterfront of the port of san francisco. i'm bringing the eco-center item before you today because those of you who are here in february 2014 may recall the commission requested a report back on the eco-center to a.org and its partners. the eight phil randolph institute and the city college of san francisco. the eco-center at turns her part as a committee waited and facility with unique back story. the

port is manage parents had parked and offered outdoor environment of education and public participation programs since the park opened in 1999. in 2005 the port we just small portion of herons had part to a nonprofit literacy for bimodal justice, known as let's for the purpose of billing environment litigation 7 ledge subsequently constructed the eco-center parents had parked and opened it in 2010. bait over to operate the eco-center until 2014 winter and ownership of the of the building to the port. currently the port owns and maintains the building and port tenant beta or the multipass environment-based entity provides free public education programs focused on serving the local community. i come to you today to update you on beta work activities at the eco-center over the past three years. i believe that representatives of the a philip randolph institute and the

20-based eco-center advisory committee are in the audience. i would ask those of you here would stand at this time. so the commission can see who you are. okay. i am also pleased to introduce a.org's new president and ceo george jacob. who took the helm@the.org last month for placing former ceo john crowley. george, would you please stand? thank you. george is a originally from canada was educated in toronto could he went to yell school management and the smithsonian. george has a listing which record of leading nature & space museum throughout the world. there's also a canadian, with fellow and serves on the board of directors for the number of educational organizations. obviously we are delighted to welcome george to the port of san francisco. with that i like to invite kerry chan beta works

director of education and conservation to present a powerpoint summary of how their operations at the eco-center at ahrens had part. >> good afternoon commissioners. director, staff, thank you so much for inviting me through today to share with you some of the wonderful successes and stories that we been experiencing at the eco-center over the past three years. but before beginning my presentation i would like to take a moment to publicly thank the many port of san francisco staff that support the eco-center since day one. does that include carol pok, bob carter, monica corral, oscar wilde, patricia ramirez, mike hastings, dj sigmund, dave rombauer, anti-change. without them we cannot be where we are today. i also want to take a moment to think and identify susie wasser some eco-center manager and she is been leading the eco-center staff and programs since january of 2015.

she is truly been instrumental in the success of the eco-center especially in the about of the many key partnerships and relationships that we have. first and foremost i want to talk about the partnerships we have at the eco-center because without them none of all we been able to, which would've come to fruition. as you probably remember it a couple of partners the right unified in our lease. rosalie eight phil mansell randolph of san francisco city college of san francisco. additionally we have been very fortunate to develop a strong partnership with the san francisco recreation and parks department since signing the lease. each partner organizations was the eco-center staff and programs in many diverse ways. from a philip randolph institute new york regular with executive of jaclyn flynn and program manager curt grimes on their participation and leadership in our eco-center advisory committee connecting eco-center staff with the bayview-hunters point community by providing opportunity to work

side-by-side with community leaders. in providing key job skills training for eco-center in terms. from city college of san francisco we been working with the staff of peggy--joe cannon, and anastacia--. they are also participating in our eco-center advisory committee. this is us with the ongoing internship program and they really connect us with new professors and city college students within the city college system. then thank you to our rec and park partners within the audience date can be keeper and [inaudible] many staff within the park team and many interns that work with us did they also participate in our eco-center advisory committee can we collaborate with them on many ongoing public programs and youth

programs including monthly volunteer workdays, annual coastal cleanup day events, coordination with her youth stewardship program and the monthly healthy parks of the people trail walk in the park. with all of these partners, we provide these organizations the opportunity to use the eco-center as a meeting space and we provide our free education programs to any of the students and youth of these organizations. one deliverable that you probably will remember that we included our proposal was to develop an eco-center advisory committee. to ensure that we have a strong connection and communication with the community that the eco-center serves. i am happy to share that this initiative was launched and grown stronger with the past three years. the eco-center advisory committee is comprised of approximately 10 members and is cochaired by myself and jaclyn flynn from the eight phil randolph institute. the current represents are shown through the logos on the slide. the group provides guidance on staff to enhance the eco-center programs and community engagement efforts. annually, i

was trying take a moment to touch base with the committee members through a satisfaction survey to find out how they're feeling about their membership in the committee and how we can provide opportunities to improve good in the most recent survey that i conducted in 2015 100% of their songs from the committee agreed or strongly agreed that the organization they represent is satisfied with her participation in the eac and 1% respondents agreed to go for eco-center to assist with community outreach has been successful. additionally, in [inaudible] original proposal to the steward i committee representative was to be engaged from the community to join the organization board of directors. i'm happy to share that we've also been successful in this effort and angelique tomkins is here in the audience with us. she was appointed to the organization's board of directors as a

bayview-hunters point resident and committee representative in the fall of 2014. ms. tomkins has been a tireless advocate for the eco-center. a wonderful liaison between beta works board of directors and the eco-center advisory committee and a great connector with eco-center staff and the community. i especially want to note her role in planning and executing the largest eco-center event to date, they splash. in october of 2015 this event from more than 30 community organizations to the eco-center toast science environment and health activities for over 300 attendees. thank you so much angelique. i now would like to share with you about some of the successful programs and initiatives that we do at the eco-center to engage the community. when i think back over the past three years our focus on being open to the public consistently comes to mind is when the most important successes. upon execution of

the lease that they.org team has injured the building was open to the public wednesday through saturday 30-3:30 pm. guest can walk in at any time to ask for the building and received an impromptu tour, naturalists about the various green building systems. by having consistent opening hours the community has come to know the egocentric. since march of 20 15/18,000 guests have visited the eco-center. to provide additional hands-on experiences starting in spring of 2014 began offering free themed signs saturday programs. we promote these programs through to the community through calendar listings on the egocentric port and partner organization websites come a distribution of flyers, at the eco-center, and in the community by eco-center

advisory committee members the flyer distribution by eac members is been instrumental in getting the word out. it's another great ladies committee members really help support the eco-center and its programs. as you can see from this graphic a total 2700 visitors have participated in signs saturday programs over the past three years and our numbers grow significantly each year. these are a few pictures that are examples of very signs saturday events that happen over the past three years. we try and create a diverse type of visitor engagement through these different events. we called everything from a parent had sparked by old with the she's identification party program about the birds of her and had sparked divers dabblers and waiters the hidden world of plaintiff debuts on a point of our mental mapping justice honoring women who protect their committee and getting down and dirty their native plant garden of native [inaudible] with rec and park. many of our most successful programs are due to partnership. this allows the essential to plan a

collaborative event and also cross promote. examples of organizations we partnered with the successful signs saturday events include the magic city of dreams, san francisco rec and park california academy of sciences blue greenway project, department of public works, bay area science festival, and tried city fest. providing volunteer opportunities is also a key part of our signs saturday program. it is a wonderful way to our organization and the community come together to give back to the health of this very unique part. monthly in partnership with the recreation and parks green acres program the court make a restoration work day. he began his partnership in late 2014 and since then we've engaged over 500 volunteers in removing non-native plants planting and watering it of plants in the park. additionally, we begin to offer quarterly shoreline cleanup workdays that happened around mlk day of service, earth day, world ocean day in june, and the

coastal cleanup day. over the past four years to those shoreline cleanup events we've engaged almost 400 volunteers and collected 1882 pounds of trash from her and had sparked. there are two additional ways we offer the public to connect with the egocentric. we provide a free use of the boat to community groups as a meeting space and we also offer free adult and called towards. many groups have taken us up on this offer of you using the eco-center as a meeting space such as the ymca's interview committee health and wellness center the port south waterfront advisory committee india basin neighborhood association, c for departmental justice, community use center san francisco department of public health and the rec and park green program. since we began our lease over 1800 participants have used this building as a meeting space.

then, as i mentioned adult and college groups can also reserve a free guided tour in over 1100 adults called students up what about the eco-center through a guided tour since our time there. when we begin our work is there a key need we heard consistently about the eco-center is to provide programs that engage youth and workforce of him and activities. therefore over the past three years we've continued and grown the internship program that darted been developed by city college of san francisco. these internship programs are also wonderful connections were partners at a pri and city college will make these internships a success. internships are anywhere from 10-14 weeks long and involved the students in learning about the key eco-center such as our wastewater treatment system putting that knowledge into action by learning to interpret the buildings [inaudible] and

culminating in a project. our summer interns are paid through a wonderful grant we received over the past three summers from the san francisco public utilities commission in high school your interns receive college credit through city college of san francisco. over three years, the eco-center staff have graduated 20 city college sustainability 91 interns and 21 paid summer interns. finally, i would like to share with you better successful school and youth program. thanks to a generous grant from the estate junior foundation in 2015 the eco-center staff developed a new governmental education programs which were launched in winter of 2016. it also dedicated a terminus amount of staff time and resources to connecting the local community of teachers and youth serving groups. over the past three years these programs have served 2800 65 student youth teachers and chaperones. as you can see from the graphic the number of participants urged road significantly each year. these and our mental programs

are provided completely free of charge to any k-12 school or youth group year-round. they are aligned to the next-generation sign standards and they touch on topics such as climate change, biodiversity weiland ecology. these programs also offer another connection with the recreation parks partners the other use youth storage or prohibit why ft p provides educational restoration activity for san francisco schools and parents had parked which really come woman's ego centers program. over the past three years more than 900 youth and chaperones have participated in both an ego center program and a why ft program on a daylong filter to heroin had sparked. we have gotten connected to many schools and youth groups in the community through these programs including washington carver elementary, drew elementary, burton high school, mlk middle school, to bayview, urban and academy, willie mays

boys and girls club, joseph lee recreation center and the bayview ymca. with all of our accomplishments over the past three years the staff and organization are committed to continue to grow our programs and continue to grow our connection to the community. if you and issues that were currently working on include extending our internship in k-12 programs for recent grant awards, the grading to new eco-center advisory committee members and improving our outreach to bayview hunters point k-12 schools and community groups. including coordination with sister agencies such as a pw and rec and park. thank you for inviting me here today to share with you about the many successes we've had at the eco-center over the past three years. if there's anything for our lease agreement he like additional information or provide feedback on i will welcome your call questions and comments. thank you so much >> thank you to any public comment on 11-a queen and he

public comment on 11-a. seeing none, becoming commissioner kounalakis >> i went by a few months ago and tried to member without a woman who is there but it isn't open to the public on a daily basis. is that right? >> >> that is correct. for the language increase the commitment was to keep the hours of operation until we had sufficient funding to completely underwrite and grow the hours of operation currently the hours of operation are wednesday and thursday, friday, and saturday from 930-3:30 pm >> okay. >> commissioner brandon >> take you so much for such a wonderful presentation. i'm just so happy about this success of this effort. i'm so happy that they.org took advice

to collaborate with a pri and city college and have now added park and recreation. i think it's wonderful. it's amazing the programs you are doing the volunteer opportunities, science etc. good i mean you guys are just on an outstanding job with heroin had sparked more than i could ever expected and i'm just so grateful that you also took my recommendation to at angelique to the board. because she is just a great conduit to san francisco in general and i personally would love to hear more about splash because to bring 30 organizations in over 3000 people out in one day i was working on her she did that. [laughing] >> we are planning the next one in october. he was oh, really. and julie, can you tell us a little bit about it queen?

come to the microphone. >> literally was a great adventure for us to be able to have the capacity and the innovation to think what the community would need from us. the charter and the charge given by the port to ensure that we engage the community, the idea of creating a stem showcased next inning in with the arts looking at the visceral response of the community has with the arts included, we came together and i have to immensely talk about the appreciation i have for all the egocentric team and the community as well. we had an off moment where we thought we were going to really need to bring organizations to the table that were outside of the bayview and actually goes 30 organizations represent bayview organizations. that we are

doing exceptional work in the stem arena. we brought in different partners that enhanced it, imprint city whither executive director tyra finnell, during the outreach and the mural competition with which we had the bases of the discussion of environmental justice and the importance of keeping the dialogue alive in the community. so there are certainly many many more details that we could share with you. looking forward to the event in october and growing it and expanding it into other dialogue and community issues that are present in making it again a great celebration for the bayview. >> thank you. i know the port was a supporter of bass/and i hope you will continue to be maybe in the bigger way. [laughing] since this is one of our tenants doing an absolutely wonderful job for the public. thank you so much. >> commissioner katz >> i just concur with commissioner ambani's comments.

it's really exciting to see all that's been done and a thrilling example of organizations working together could thank you for that because i think as we suspected when we are urging that in the early days everyone will be stronger by working together slowly shown can i think is really a model of the kind of hardship that works in the city now and just want to thank all of you. i know it took a lot of work to get to this point but we are so excited to see these tremendous results. thank you all very much. look for to hearing more reports. see if we can get 4000 in october. >> commissioner woo ho >> yes. i want to add an echo could i remember the site when i came in front of the commission and at the time today there's no public comment and the commission hearing actually lots of public comment could a lot of different voices. i think that is commissioner brandon said we did give our

counsel to say let's work together to think about a common goal and it's pretty clear that now that we three years later that common goal in vision of what we could do with the eco-center has brought everybody together and with the addition of rec and park and a wonderful example and a shining success and wonderful you've exceeded our expectations in terms of the partnership, in terms of the programs you provided, and i think in this day and time where our sensibilities about what's happening in the environment continue to be sort of elevated more and more and it's wonderful to see all the children and others that have the opportunity to be exposed. so i think that it's really amazing. i think it's a spectacular to see this after three years and that everybody is in unison which is not easy and i'm glad to see this has worked and i think we are very pleased and we are-i think as a

fellow commissioners, we want to make sure were always engaged in the community and the projects we can get some of our projects don't lend that i nature but this is one that really did and it is so great to see that we actually can see the progress that-we do not just talk about it but you actually ended up walking the talk and showing us results and those results are so fantastic so thank you so much. >> can i just ask about the funding and what it will take for you to be able to open more days? >> i could speak somewhat to that. we have an annual operating budget for the eco-center. we are consistently fund-raising to support that. when of the ideas when we first came forth was that as part of a larger organization and through some of the general revenue generating efforts [inaudible] part of the organization that would support of the financial needs of the eco-center so that we can consistency when there are ups and downs in our fundraising efforts. so today, we have been very successful in getting some

key grants. i spoke just received word were getting to grants coming down the road to support k-12 and internship programs. we not got to the point of having 100% property costs underwritten and so once we get to that i very much want to expand hours because i think is very much a need for that but we need to fulfill the general operating costs and then from there >> thank you. >> could ask one question creek permit other organizations exist like this in the bay area? >> as an off grid nature center? >> yes. >> i think-is there [inaudible/off mic] i know carol and ports acted ecumenism under research when the proposal brp process was coming forth. they truly is one of the only off the grid nature center

of its kind. definitely in the bay area >> i appreciate that you really involve immediate neighborhood bayview hunters point which is terrific but it seems like some help you to make this much more of a bay area resource so that hopefully would then help you increase your funding network it so unique and a sense not competing with somebody in marin or somebody in the east bay. so it seems like maybe the port can help to figure out where else can you-i would ask renée or others to think about it because it seems like it's not just for the neighborhood. let's keep expanding. >> i would like to say-i have her bladder, appeared because she's hiding out in the audience but this is carol bausch's project carol you need to come up to the microphone because you always do, and you stayed on. [applause] the thank you that's very kind but it's really not just me. it really

is a team effort and a real estate division has a lien placed this project and taken over the operation of the building. our maintenance department has done amazing work over the past three years to bring the building up to code in some its operations and that has not been easy for them. so thank you but it takes all port to run the eco-center. [laughing] >>, thank you for all the time work and thank you for your presentation we look forward to you coming back next year as you continue with your success. thank you. mdm. sec. next item >> item 11-b update on electrical vehicle arc charging station. >> good afternoon commission

to which permit with port listed and the environment tilting. last march you authorized the port to accept this duration of the edr was at electric vehicle of thomas rechargeable renewable target i was have to write that out because it is difficult to remember but it is a stand-alone solar powered electric vehicle charger. you may remember that it was part of a citywide effort with the

support of several organizations. vision is the manufacturer of the units. there were several neighborhood and nonprofits involved and they were trying to promote the idea of electric vehicles around the city and this idea of a off the grid ev charger was quite eye-catching. the port groceries at three locations in the were hiking the recipient of one of the three units at the end of the trial period and you asked us to come back into the little update on the performance of that. so the charger has been located at sewall 330 and the embarcadero says the intonation and a reminder that it is very consistent-i'm sure without surprise with the port and the cities, strategy and again, it's off the grid. it is zero emissions entirely and it is free to use for anyone parking at seawall lot 330. so one of the benefits of this unit is

that it has control technology that collects data on eight its usage including how much energy across from the sun and how many charges occur, what kind of power it delivers over time, and this is a quick little summary of the use of the units since april through december so we had 741 discrete charges. about was three a day. we had up to you 11 cars charging per day and we generated enough energy to travel over 4000 miles. in the phrases of one of our electrical engineers, this is an operation close to its practical capacity. i try to delve into more of the actual technical aspects and every time we got into it our electrical engineer said it's really complicated to talk about

changing easy energy through inverters to ac and is just i thought was over my head and probably not what we need to get into but operating at close to practical capacity so it's really been a success. it was a success until just after christmas when i believe, some i plugged it in and as happened with guest issue they drove away without unplugging it and that's part of having a public asset. so we order the replacement cord is less than 300 alternate with a spectacular team of electricians port maintenance and we have the support as well of the engineer from envision the manufacturer and are helping us with the repair which a be completed in just a couple of weeks. we will have it back in running for public use. the idea in part was to help promote electrical vehicles and as part of that i just pulled out some data could be thrust of this graphic here is simply to show the green

line, which represents electric vehicles and the red line which represents most gas inefficient heavy cars, shows you the price of what it takes to drive 100 miles and it ranges from under five dollars for an electric vehicle to over $20 for gas guzzling truck or suv. so it's cost-effective to run an electric vehicle. the next up is probably the most interesting one. it was fortuitous that just in the last couple of months the city administrator's office started working group to promote electrical vehicles throughout the city fleet and the port is participating that undertaking very methodical approach to looking at what would take to upgrade the infrastructure, what types of electric vehicles the city fleet would be able to utilize. the perfect fit for the port running short distances we do. typically our cars and trucks don't run more than 3000 miles a year and

with-we were not learning to range limits at all. it something we are going to learn more about as we work with the technical resources of this working group and hopefully expand the on grid charging capacity and then expand the actual fleet of electric vehicles with the port. that concludes my presentation. thank you. >> is very comment on the 11-b. any public homage on 11-b seeing none, public comment is closed. commissioner woo ho >> thank you. that was a great report on seeing the success we are stupid i just want to know tactically speaking when you have 11 cars a day doing it, how long are they talking before they are charged is full quick how long does it take them to charge up? >> i don't have data on whether they got charged individual cars fully. what the remote data shows is how long

they were there. it might be an hour. maybe two hours. >> because as a regular parking lot of just wondering use a practical capacity is it because people are not going to come back and 15-20 min. ago leave their car for a period of time and is there a limit along they can leave the car their cliques and try to understand how the capacity works not just from the electrical technical and just in terms of the actual from a user standpoint, what works and what you can expect. but say there was more capacity but nobody's could come back that quickly to move their car then-worth we put limits on how long they can attend on trying to understand how this works if we should add more which i think sounds like the city wants to add more to the electrical fleet than just how does this expand? >> right. so the working group is to expand the municipal fleet. not necessarily be charging capacity for the public. but for the public charging [inaudible] the rules

are typically to to our charge and then you freed up but i think demand has created such competition where one person was waiting to chart. i've not heard anything from the parking operator about that >> right now that charges three. is that correct? the was it's free. you pay for the parking but you do not pay for the charge. >> okay. is there any thought at this point that even the operator of the lot would like to see more of this in place we >> i've not heard that from the operator, no >> sews that something were going to look into? it seems like all the business cases is pretty compelling that it's a good thing to do. were willing in that direction someone with the next up would be from the business proposition standpoint ? spews out of think the next business up would be to purchase more of these dvr units. this is again for $7500

was the estimated value of the units. we receive it as a donation. i don't know it's cost-effective to install these on port property but what is probably more likely is that we would install chargers that are attached to the grid and the cost of that will vary depending on the location and i'm sure the electrical engineer can tell us more about that. but what we expect to learn this working group to try to expand the fleet is what some of those costs would be in then we would have a better understanding the charging capability at the public parking lots. >> that sounds like a good direction and understand what municipal fleet is trying to but it seems like we would want to sort of do things in parallel or simultaneously. understand what we could be doing here because it's very exciting to see the results. >> it is. i think we'll learn some good engineering lessons that will inform the issue for the public lots.

>> thank you. >> commissioner katz >> great presentation exciting to see it's got positive feedback. i had just a couple of questions. the parking attendant sort of enforced the two-hour limit or how is that overseeing? >> is part of the charge when we initially set up the rules with him prior to the donation. it was there as a trial and the rules were essentially two hours but i don't think he was originally enforced because i don't think the was having the work combines the people were abusing it. >> did you have stories of people fighting over parking spaces >> and thankfully we are not heard that here. >> have we done an analysis or comparing with her is a fee because these charging in different senses here. there's a fee for a charge the elsewhere is there any scenario

where we could see that occurring on some of our facilities if we would install -i know this one is a pilot and a donation-but every word look to look into part two purchasing these units, with a worker they pay for themselves by charging a nominal fee for the charge? >> yes. the word i got from our electrical engineer who did some very impressive quick math said, no could it would not be cost effective to purchase these for that purpose. i think a better bet would be to develop the grid and install the charges that way. thank you >> does my last question comparing these units that are solar powered essentially versus with grid connectivity. do we get kilowatt hours out of the ones connected to the grid? are they >> i think they're more reliable. rahman, anything to

add to that? promising will come up >> come to the microphone >> that's where i was going the comparison between the solar powered unit versus the traditional grid connected. spews you a limited capacity with a solar power units in the sense that you can only produce whatever energy you get from the solar panel. so there's limited energy as a result you can only put that much energy into the cartridge whereas the grid it's whatever-you much greater capacity. for we can get more power of the grid and charge of the car faster. so if you put a big solar panel up for each part then you get more power but they can only produce very limited power. for most of these you can only charge may be like-i'm guessing around 20% of 20-40% of one cars charge per day. if you even be there

for the whole day. it's not-it depends today whether it's a sunny day, whether it is cloudy and whether their shadow from other buildings were not. so it depends on a lot of factors. >> so there's no storage capability battery storage category or lenny think along those lines? he was use of limited capacity with the size of the array you have on top >> sorry last technical question did is incapable of doing a fast charge? >> it depends good i'm not sure. i think it depends on the voltage out on the systems. i'm not sure exactly what the operative voltage is pretty fast charging you need for 80 volt system i doubt they would have eight 480 transformer since the input is just a dc could solar panel. i doubt they'll put a transformer that would step up the whole thing to fast charging. and you would

need a lot of power for that >> it doesn't provide. thank you. >> commissioner brandon >> thank you so much for a wonderful presentation and i'm happy we were part of the pilot and was so successful that also look forward to the working group's recommendation for expansion. thank you >> thank you commissioner kounalakis be so i think this is the first issue that i have participated in approving that come back with the results.my recollection is the company donated for this purpose is looking for project where they could test them get so there was a two-way street that we were willing to try new technology and test something, try something new. it did not cost us anything and help them

as they are trying to focus their engineering on their product to figure out how to going to make this work. i think everybody kind agreed that if you can have a mobile unit to charge electric cars that off the grid and using renewable power as opposed to fossil fuels coming into the grid to charge your electric car, that is a really great thing. so my threshold for success is that they are learning something and we are learning something. it sounds like that is the case. one question i had was actually a follow-up does i remember this from before was of any of them run out of power before the end of the date when they were still people who wanted to use them? >> so >> not that of her. budget review the minutes from our

meeting back in march and one of the questions-a similar question was, would the be power in the morning after all-night. there were several cases were people pulled up at 7 am and started charging. so i think that from what norman said you probably could exhaust the supply. you would below that you're pulling would exceed with the battery had in it but it is still just depends on how heavy demand is. you can still use it in the day and find as a charge of the available in the morning. >> as a quick follow-up prisons with all the storms recently and obviously we have not had much than how does it do with the stormy weather? like what we had with the rain it just seems like a solar unit would not be doing very well >> it actually does pull down more power than you might expect. i wasn't able to analyze that in terms of the load because someone pulled the cord out and hasn't been actually in use during the storm period your but you can track the amount of energy that

the array pulls down and is definitely pulling down a good amount of energy. >> commissioner kounalakis you were not done, go ahead. >> no., no i guess what i'm interested in is some more these details. at some point hearing about how much power they had whether or not it would run outcome of whether or not repair issues. i mean, clearly if it breaks and it takes a month to fix that would be an issue for us and an issue for them and so my sense is that it will continue to be used and we will have more information over time. >> it will. i actually think the damage that incurred was a real learning lesson. i used to work a lot with a gun store change in the regulations around people who drive away with the fuel dispensary in their tank. gas spills all over

and there's things they learn to do to prevent that. i think this is the same lesson for us that they do have an extra cable on hand and some of the learning curve will be put behind us. >> kali, atcolleagues, pre-shared question. great job could i like commissioner emanuel and the rest of commissioners am happy about us being in a pilot program and this is really progressive. thank you and really looking into the future but so thank you and your team a lot. >> thank you very much spews mdm. sec. next item >> item 12-a quest approval for concept design commission baby front part located east of terry françois boulevard bounded by the south street on the north 16 street on the south >> good afternoon planning and development am also joined today by mark-from the office of community investment and

infrastructure. luke stewart from mission bay development group and michael capital on service design. all working with us on the concept design for bayfront park. within mission bay. again we are requesting approval of the concept design for bayfront park p-22 within mission bay which is required of the part of the owner participation agreements and interagency cooperation agreements under the mission bay south redevelopment area plan which the port is a party to get in front of you is an illustration that shows how bayfront park p-22 fits within the context of the larger mission bay project which is a 300 acre mixed-use development the development area. mission bayfront park p-22 is part of a 40 acre park system within mission bay. on the right you can see is generally bounded by

south street on the north and the pier 52 public boat launch parking lot. and 16 street on the south also bounded by list apart by the south just north of the mission rock restaurant. in front of you is an illustration of the part bounded its approximate 7 acres . today it is crossed with portions of terry françois boulevard and the illustration shows as part of the park project 20 françois blvd. loses the s turn that exist today in streams out and creates a 7 acre area connecting a parcel p-21 the bull launch parking lot with aqua vista park to the south. the photographs on the bottom illustrate existing conditions today where you can see in the left hand side utilizing the 2008 clean and safe parks general obligation

bond. the port repaired the shoreline portions of the park. so again we repaired about 1300 linear feet of the shoreline using the 2008 bonds. as we began to develop the concept design for the park the jumping off point for us was the bcdc permit that authorize the construction of the park as part of a larger day mission bay project. that bcdc permit required there to be a large with a purpose long, the trail along the shoreline, a plaza at 16th st., and gives the opportunity for the port to construct a restaurant of up to 7500 ft.2 of restaurant space plus an additional 8500 ft.2 of outdoor dining area. we then took that concept and said how can we take what we've learned

since 2000 when the permit was issued and apply it to some of the new site context that exist today including the development of the new golden state warrior serena directly across the street. a future mission bay ferry landing at the terminus of 16 street in understanding the scale of the arena and the lan uses around it and getting input from the community on a design that works in the conditions that exist today. so there are essentially five sub areas to the part. in the red, and in pink areas, give a multipurpose long they promenade could in the yellow area is the 16th st., plaza. on the teal area to the north is the restaurant area and then along the shoreline we have the shoreline they trail and blue greenway path along with some lookouts and then along 20 françois blvd. to widen

promenade to accept and understand to be significant crowds during events at the arena. so this was fishing, shows the annotated version of what i just talked about and just running through the concept is a very high level, again we have the waterfront path with the pointer which one along the shoreline. it's a 16 foot wide multiuse path and offer that our little gathering areas that get you down closer to the water as wasn't home and call the portrait that takes you off the bait trail blue greenway path gives you a little bit of elevations you can stop pause and enjoy the views of the water. the green is a blend of both flat multipurpose langues that can be used for information recreation were even more formalized ball plate if there's a desire to play soccer or pickup football were

elements like that. then between the multi use green area in the bay is a significant landform that brings some elevation to the site and allows a different perspective of the use both out onto the great looking east and back onto the park in the city and the arena to the west. additionally we have the 16 street plaza at the terminus of 16 street was a program of picnic tables, barbecue areas, shade structure that may be constructed out of former bay bridge seal and done as an art project. with plenty of room to accommodate queuing as needed for the future mission bay ferry landing then again the promenade along terry françoise boulevard is a widened sidewalk acknowledging and recognizing that during arena events that might be extensive crowds coming out or going to the arena

that also illustrates a little bit of a copout of a small plaza at south street knowing that is a cross street that will accept people from the arena. then lastly, we have the restaurant opportunity site to the north with the design has been developed in a way that provides maximum flexibility. so as we get further into the restaurant development of the restaurant idea with opportunities for different configurations but it shows for a restaurant as depicted in the bcdc diagram and outdoor dining. you also get an east-west connection from south street to the big jolt to the shoreline to the plaza area. here are some details of the various elements of the part. you can see gashed in those gray lines is the landform structure which is bringing people up to the promontory and it's about a 12 foot elevation grade from along the bay trail up to the top of that wouldn't be a pathway to the top it also

terraces the lead up to the top of the bayfront green without be generally a very flat lawn area the south st., plaza and some of the viewpoints along the water's edge could some of the imagery on the right is the type of experience we are hoping for. then, to the south you can see this 16 street plaza. again a little bit of a landform and grassy area that orientates to both the pavilion and the plaza but also as a part of the lawn area, the expanded bayfront promenade and the vista point at the terminus of 16 street giving views out to the ship repair operations. the next few slides of jewish oh perspective views of what the park might look like. this is a view from 16th st. one of the things we heard from the bcdc rebind design review board and staff was make sure certain

views of the bay were maintained for 16 street and south street. this shows how those landforms frame the views of its relatively flat at that corridor through the plaza. here is what those terraces look like in the-it looks like as you walking along the shoreline note that on the bottom right hand of the screen is kind of the view you are looking at. the view key. here is an image that shows what the bay bridge pavilion might look like. again, accessible and viewable from both the plaza and the multipurpose cream. then a view from just north of the pavilion looking back you can see the views towards the dry dock operations to the south. sea level rise. again the port repaired and constructed the shoreline along the entire length of the spark.

we had the foresight and then understand that sea level rise was going to be occurring so we designed that to elevation to recognizing 2100 sea level rise projections budget this point in time +100 year storm is about 72 inches. the park is protected to 2100 based on those estimates. he shoreline path is free of that area so we think we designed a park and amenities to protect against sea level rise. then lastly, to develop these concepts we've spent the last 18 months working very closely with the community including the port system to waterfront advisory group mission bay citizens advisory committee,. we reach out to individual voting groups could have gone to the bcdc design review board to make certain that the plans meet the intent of the original permit. and have gotten approval from

them and acceptance of the design from the mission bay citizen advisories committee as well. if the port commission approves this the next ups would be go to the office of committee investment and infrastructure is eager approval in march and then begin construction documents that will take around 11 months and put out to bid in the spring of 2018 with a park opening in november of 2019. in the last next up will be for the port as we develop a strategy and how we bring a partner the restaurant opportunity to come back to the information and how were going to pursue the partnership and the project forward. with that am available for any questions as well as the team that's here with me today. thank you. >> >> so moved. >> second. >> i got one card for public comment. karen, woods.

>> good afternoon commissioners director forbes. my name is karen woods. i chair the mission bay citizens advisory committee and i'm a member of the central waterfront advisory group. we've been looking at the spark for a long long time. and it's evolved that the biggest evolution was when we knew the warriors arena was coming and we realize that was going to have to accommodate a lot of crowds that we had not really expected it to mission bay cac has signed off on it. reluctantly. because as with every other group i'm involved with, the concerned about how port waterfront parks his activation and having a passive park which is required by the state because you can have a

local serving activity makes it very difficult to activate the spaces. we also talked a lot about stewardship. this would be part of the mission bay park system. managed by mission bay parks. maintenance and funded by mission bay but we also know that it's going to be probably very heavily used and we want to make sure that we think about stewardship and think about the long-term planning for activation and use. we want to move ahead. i think the construction schedule is a little optimistic but i think they want to have it done by the time the arena opens. but with more expensive mission bay parks is that we tend to have them completed absolutely beautiful and fenced off for a long time before we get to open them. we are hoping we can do a better job on this one. thank

you. >> is there a more public comment on 12-a seeing none, public comment is closed. commissioner brandon >> they queue so much for great presentation. can you remind me what exactly [inaudible] >> part of what is there is terry françois boulevard the s turn goes through there and the very old terry françois boulevard is a parking lot that we strengthen up meters injured was the parking lot a little bit of just vacant kind of raw land. the part of the part of 2008 shoreline project we did put a temporary pathway asphalt pathway and some benches out there so we do get a fair number of people running and jogging and fishing along the shoreline there. >> okay. i think-i was one of the funding about this project we >> all been funded as part of

the mission bay redevelopment project is being funded by mission bay and will be maintained and managed through ocii and the mission bay project. >> so what is our responsibility other than approving these wonderful designs queen >> at this point in time that but port commissions responsibility and then we will also be responsible for developing the restaurants. >> so the restaurant will be the port's >> yes. >> and developing meaning we have to find some and to build it or build it ourselves >> ada >> that is correct. peers has any thought been given to that queen >> we begun to think about with and think about it in the design of the park and what we need to develop is a strategy it is likely will need to bring up a partner in to help us build it and operate it and so we been thinking a little bit about what type of restaurant we think would be best that which we think is more family orientated and not high-end the summary that supports and is ancillary to the part. but we need to develop a strategy on

how we get from just those thoughts to actually delivering it and we are hoping to be back to you in the next six months without strategy. >> thank you. >> commissioner kounalakis >> it's beautiful. i'm wondering if you could just elaborate a little bit more on what karen was saying but the state requirement that it be more passive than active? >> so because of the park is state lands public trust land be both state lands commission and bcdc one our parks to be serving more than just the local neighborhood and more than just the region. so we don't want to serve the municipal needs so that's why we don't see structured playing fields on port parks. >> okay. my second question is with the restaurant. i'm sure you beginning us lot more information but is the

construction budget for its part of the project or is that going to have to come as part of our efforts queen >> that'll be part of our efforts. the mission bay redevelopment project pays for the park and they will also as a part of the construction of the park the subbing utilities out so it will help support the restaurant but the actual construction of the restaurant is a port opportunity >> [inaudible] come to the port >> >> that is correct. the thank you >> commissioner katz >> it's beautiful i feel about so thank you. i know a lot of time and energy into the design good i'm excited to see it come to fruition. one concern i have is just given that the arena will be coming in and that there will be a sudden flow of people out in large clusters, has some thought been given to protecting the landscaping or

as crowds moving do we think that we avoid trampling things? >> so those types of details we began to think about on how do we address the detail of the edge between the promenade along terry françois boulevard and the lawn area. one of the benefits we have as you may recall as a part of two greenway planning we rethought how the bicycle lanes act are designed up on terry françois boulevard. on the side of the street to be a cycle track and there's parking so the parking and the cycle track will probably act as a barrier as well so there is a just a flood of people across everywhere. if we focus and encourage pedestrians to use the crosswalks were there at the be crossing at 16th st. and south street bar there will be signals and pedestrian signals as well. that's why there's a little bump out of a closet at 17th avenue south street - i'm sorry - and a large plaza at 16th st. but there are some design ideas for that edge

along the sidewalk on terry flynn 12 boulevard and the park the wilkes-barre as per the detailed design. >> okay. then i know we are contemplating a ferry landing there. then again the people walking across. that's built into the design? >> yes. >> great. very exciting from a funding standpoint there's no cost at this juncture to the port? >> not at this juncture for the part. >> great., thank you >> commissioner woo ho >> thank you it is a great design and furnace to see it. no one this part they're still parking area is that correct? ps the parking lot to the north service the city's own public boat launch trailer yokels. the parking lot will stay there and really there to serve the public boat launch.

>> okay. but then it's open to the public and people want to come to the part where you have to be part of this boat launch in order to get into the parking? >> is very purpose is to serve up public boat launch and for trailers spews but you have to have a permit or something? >> is open to the public and we charge a fee. originally was striped as 30 spots for cars or trucks with trailers. we have not found the man photos 30 spots so we reserved 15 for boats with trailers and converted the other 15 to 30 parking spots and we continue to monitor that and as we need more for boaters we will need to reduce the number of vehicles that just parked there. >> okay. can you tell me where the ferry landing is relative to the park? >> so the ferry landing will be in the vicinity of 16th st. on the right-hand side of the drawing that 16 street radio the plaza. manny, if you could pull the-so

>> okay., yes >> here we go. no. so the ferry landing will be in this general area can you see that on your screen >> yes. i can >> it may just be a lipid south to the 16th st., two. >> okay. i can understand you will see people from the even from not just with the arena but from people coming to and from the ferry and the parking lot over there there's a lot of people will park over there and take a ferry. could be interesting can i think of be some congestion over time. it'll be interesting. i imagine that's going to concern the neighborhood. what is this going to cost? i know we don't have to worry about that adjuster is >> i believe the budget is roughly $9 million. [inaudible/off mic] 8-9,000,000.

>> okay. alright i guess just given the ferry landing, given the arena, there is this parking lot to my guess we think all these pieces have been thought through and arjuna fit nicely in the puzzle? >> we believe so, yes. >> okay. i guess to be seen. thank you. >> david, great presentation at we know nothing is ever perfect. i think were being $35 for the ferry and for the park. there's every couple glitches along the way i think there's a work in process because of homely cars compared to boating but i think it's a great concept . just this restaurant i like it can be family-style be more for people they can bring their families if they're going to the games are getting off the ferry. so i like. thanks for the presentation. >> thank you >> colleagues, if there's no more discussion, all those in favor say, aye. [chorus of ayes.] opposed, say nay. at

pasadena's mme. sec. next item >> item 13 west authorization to accept and expend $1.3 million in the bay area air quality management district goods movement in mission reduction grant program locomotive project and to appropriate $515,000 in available fund balance as the port funding contribution for the tournament of eight one $29 state-of-the-art low emissions locomotive to replace a 60-year-old al zero locomotive subject to board of supervisors approval. >> good afternoon commissioners. my name is brandon o'mara with maritime division. i'm requesting your approval to accept and expend grant funding for the bay area

air quality management district to purchase a new low emission tier 4 locomotive. alas commission meeting with you from staff as well as the public about the positive and successful partnership we have with our tenant san francisco bay railroad. the commission's approval we were able to extend the partnership for an additional five years. for their operations as of a real wishes [inaudible] these locomotives were built in 1944. they are currently the oldest locomotive still in industrial use the state of california. while locomotives of the great assets for 70 years, and are valued part of our port history, it is time for one of them to be retired. these locomotives have a cheer zero emissions rating. meaning there

are no omissions reducing technology whatsoever. the current california requirement for industrial agreement of that size is cheer for rating. understanding both the operational environmental need for a new tier 4 locomotive the port apply for and is been awarded a grant to the bay area air quality management district to substantially pay for a new locomotive. the grant provides close to $1.4 million towards the purchase. the port with the help and expertise of sf bay rail that it identified a manufacture that meets both as a bayville's operational needs and speech it cheer for emissions requirement. the total cost for the new locomotive is abruptly 1.9 million which after the grant funding leaves a balance in the port 20 vision to be $515,000. the port plants recover this contribution and updated

locomotive lease with the rail operator. investing in a new green locomotive with over 70% of the costs being covered to grant funding is a logical next step in our partnership with sf bay rail. it was system in their continued good stewardship with the local community by having a much more efficient and environmentally sound operation. therefore, commissioners, please, approve this request to accept and expend grant funding from the bay area air quality management district to help our rail operation move into greener pastures. thank you very much. i'll be happy to answer any questions. >> so moved. >> second. >> is there any public comment on 13-a? >>[calling public

comment cards] >> i am ellen johnck cochair of the maritime committee i want to say is a follow-up an exciting time at the last report commission meeting where we enthusiastically endorse a new lease and the investments the railroad is making down there on the spot that but what i think is very exciting and of course we encourage your support and acceptance of the grant is that partnership notches with the railroad with bay area quality management district. in my prior work here in the bay area on behalf of the port developing a clean air policy and we were formed a great partnership with bay area district at the time and securing a grant for the [inaudible] down at the cruise terminal. so this is yet another opportunity and i think the bay area at this point should be congratulated for its great wisdom in providing a

grant for this wonderful new piece of equipment. so thank you very much. i think it's very exciting. >> thank you, alan. jim? >> good afternoon commissioners jim maloney. good to see you object formally with the port and adjusting here mainly to support brandon. we were together putting together the staff report. i think this is a wonderful investment. as to the investment the port has made and the rail infrastructure in recent years. the railyard expansion the partnership with the san francisco big railroad and i think this'll be good investment to help the port continue to operate the railyard well into the future. thank you >> thank you, jim.

>> good afternoon commissioners to pres. adams vp brandon commissioners director forbes for eric smith with the san francisco beatty railroad could i really appreciate the opportunity to come and speak before you and excited about this possibility. back in 2007 when mr. cabbage approach me of his vice chair of the city's bio diesel access task force and running all the city's bio diesel groups and he wanted to do something about making diesel 1944 locomotives run a bit smoother and cleaner and we became the first locomotive in the state of california to use bio diesel. parking down and help the stewards and that worked out pretty well and we are pretty happy about that. now those fuels have shaken that we have to move to alter-[inaudible] renewable diesel which is sort of distilled and made similarly to bio dues will be made from vegetable oil. that something we hope to do it before successful with this grant to

do with the new locomotives. is that a long time coming. the guys been working to get these things going for years. one goes down the other one goes out with to make calls to the sacramental railroad museum darling parts and pieces per 1944 outcome so it's been a challenge but we got some great folks at the railyard and it's a labor of love for a lot of them things to port staff and jim bosak which berman and others who helped us keep things going out there. so this worker's is a great opportunity. it's like a longtime dream come true for the staff at the railyard mr. cabbage and me personally to see did everything go from the 1944 to something like a 2017 locomotive. so this week rates. i will close by saying the other day i was watching turner classic television they had famous movie burden of

alcatraz. i watch it 1 million times burt lancaster and within the first 5 min. admin o'brien or whoever the guy is narrating going out to alcatraz as he walks in front of the ferry building and what pulls up right next to them but the old 25. [laughing] i was filmed in 1963. it was running along the ferry building heading out to fort mason and you could see francisco's in the background i thought >> well, that's a long time ago. that's a long time coming but with the new warriors project, the lease renewal, the track upgrades this very very timely in this lot of big things happening on the peninsula with caltrain with yuki and we're really excited about this possibility. so thank you for your consideration and we really appreciated. >> thank you. it there anymore public comment on 13-a? seeing

none, public comment is closed. commission woo ho width >> thank you i think this is all obviously a logical step after what we did at the last commission meeting. very supportive of the fact that the way to retire but i was jokingly saying that these two locomotives should go a museum. it sounds like that's where we get our parts from. maybe we will be donated. my question really relates to-understand is only a sermon of grants and there's a difference and that's where the port is committed to play with a $550,000 port contribution but currently i did notice in the staff report you are currently's is only a dollar a year because they are obviously, dinosaurs. he does say that eventually you're going to come back to us with a lease. i just want to understand conceptually obviously has not been worked through yet, how we are going to recover and what would be for instance a reasonable timeframe given the economics obviously the railroad has to

work out, too, and we already know that 60 years, that life is too long. so what are the some of the concepts of how long it would take to lease out these locomotives for the port to recover its 515,000 and were some of the ideas we are generating along that line before you come back with the specifics we >> so yes as of rail was in involved an entire grant in the's understood from the beginning they would be enough graded lease with an upgraded monthly payment and so the market rate which we discussed and were still working out the details but it's around $3000 a month and with that figure it's about 15 years we would be paid back are $550,000. if are in the ballpark which there are discussions were very much on the same page in that range. >> okay. because it obviously has to be reasonable for both sides. >> exactly. >> commissioner katz >> might have been my question, too. just help it

would shift from the one dollar k meant to something that will reimburse half 1 million. beyond that i'm very excited about getting a new locomotive. i think it reflects well on the port and our commitment to sustainability and given what we've done with sure powers it's a logical step as well to ensure all are forms of transit use the cleanest environmental clean approach towards fuel. so very excited. thank you. >> commissioner kounalakis >> well i think it is great.. it's a great opportunity to be able to upgrade without having to bear the cost of it. i guess my thought is about reagan's. gazeta much they charge about the sector mental railroad example for your maintenance but i am wondering whether not the cost of social maintaining this train engine is going to

be says they actually having his can be substantial? >> no. the cost americans the to it better than i but a caution be substantially less for maintenance due to the fact it be brand-new locomotive. italy under warranty so all the any substantial part to be provided for the first few years by the manufacturer and there should be a large decrease in the amount of fuel used. the lease 50% less fuel efficient so there's huge thousands of dollars savings on the fuel site as well. >> okay. >> commissioner, i will say our staff at the railyard these guys are super familiar with this particular locomotive as well as that news from 1944 to the present and to the point of the dollar per year, we are grateful the port charges only a dollar but february railroad

eight for all the rebuilding, all the parts all the pieces all the things all the man-hours all that stuff that's appeared i don't have the exact figure but yes, 3000 or whatever it is. it's above my pay grade. will be substantially more than the one dollar. >> thank you so much for a great report i think this is very exciting. the fact that we were able to get the grants and we were able to purchase this new locomotive. i think it's absolutely wonderful. >> regarding the funding, which i guess everybody had a question about but in this, it says that lease payments there will be monthly lease payments by the rail operator. in the report it says that we monthly use payments. of those two different things? >> no. it will be an updated lease agreement to use the locomotive. it's the same thing. the use and lease it's a lease agreement. their leasing

locomotive for use. >> but they are ground lease a separate from the useless >> yes. it's actually three separate lease get the last one was for the ict a facility there's a locomotive lease and a track lease. the locomotive lease amtrak lease will be coming to the commission very soon to update that to the same amount of years as the ict a facility which we did last commission meeting. >> great. thank you >> commissioner woo ho you have a question? okay. brandon i think it's one eight first times you presented. great job. i'm on board with this be looking forward to when the leases come back. it's really time we move into the future. appreciate all the support. jim is always good seeing you allen and everyone that came out. thank you very much. colleagues, all those in favor say, aye. [chorus of ayes.] opposed, say nay. resolution

passes unanimously mdm. sec. next item >> item 14 new business >> new business and recorded three items to explore funding with the eco-center the goal being open for more frequently and more we will report back on what we learned likely next year in an annual report. also, to report back on the city's working group recommendation to enhance electrical charging capabilities and for the port to provide more detail regarding usage and limitations of the solar charging station and we will do so when the working group has recommendations the final one is to calendar a strategy for the restaurant in bayfront park. is there any other new business? >> colleagues? no i only have one. i want to thank sfgov tv, thank you for covering us to get our think my commissioners. i want to wish happy valentine's day to all my commissioners, director and to

the staff and everyone that came out today and a special congratulations to leslie katz and said they got engaged a. congratulations. [applause] >> thank you for coming out. adam sec. >> i like to adjourn the member meeting in memory of basso kounalakis and eight >> second. >> all those in favor say, aye. [chorus of ayes.] opposed, say nay. 5:10 pm happy valentine's day >>[gavel] >>[adjournment] >> >> >> today. >> (clapping.) >> i've been working in restaurants forever as a blood

alcohol small business you have a lot of requests for donations if someone calls you and say we want to documents for our school or nonprofit i've been in a position with my previous employment i had to say no all the time. >> my name is art the owner and chief at straw combinations of street food and festival food and carnival food i realize that people try to find this you don't want to wait 365 day if you make that brick-and-mortar it is really about making you feel special and feel like a kid

again everything we've done to celebrate that. >> so nonprofit monday is a program that straw runs to make sure that no matter is going on with our business giving back is treated just the is that you as paying any other bill in addition to the money we impose their cause to the greater bayview it is a great way for straw to sort of build communicated and to introduce people who might not normally get to be exposed to one nonprofit or another and i know that they do a different nonprofit every most of the year. >> people are mroent surprised the restaurant it giving back i

see some people from the nonprofit why been part of nonprofit monday sort of give back to the program as well answer. >> inform people that be regular aprons at straw they get imposed to 10 or 12 nonprofits. >> i love nonprofits great for a local restaurant to give back to community that's so wonderful i wish more restrictive places did that that is really cool. >> it is a 6 of nonprofit that is supporting adults with autism and down syndrome we i do not involved one the wonderful members reached out to straw and saw a headline about, about their nonprofit mondays and she applied for a grant back in january of 2016 and we were

notified late in the spring we would be the recipient of straw if you have any questions, we'll be happy to answer thems in the month of genuine we were able to organize with straw for the monday and at the end of the month we were the recipient of 10 percent of precedes on mondays the contribution from nonprofit monday from stray went into our post group if you have any questions, we'll be happy to answer theming fund with our arts coaching for chinese and classes and we have a really great vibrate arts program. >> we we say thank you to the customers like always but say 0 one more thing just so you know you've made a donation to x nonprofit which does why i think that is a very special thing. >> it is good to know the owner

takes responsibility to know your money is going to good cause also. >> it is really nice to have a restaurant that is very community focused they do it all month long for nonprofits not just one day all four mondays. >> we have a wall of thank you letters in the office it seems like you know we were able to gas up the 10 passenger minivan we were innovate expected to do. >> when those people working at the nonprofits their predictive and thank what straw is giving that in and of itself it making an impact with the nonprofit through the consumers that are coming here is just as important

it is important for the grill cheese kitchen the more restrictive i learn about what is going on in the community more restrictive people are doing this stuff with 4 thousand restaurant in san francisco we're doing an average of $6,000 a year in donations and multiply that by one thousand that's a lot to

>> disruptions of any kind. proceedings. and when speaking before the commission, if you care to, do state your name for the record. i'd like to call roll at this time. commissioner president hillis commissioner vice president richards commissioner fong commissioner koppel commissioner melgar and commissioner moore. >> commissioners, that places you under your is consideration of items proposed for continuance number 1888 tennessee street large project

authorization is proposed for continuance to april 27, 2017. commissioners further under our discretionary review calendar items 12 ab - 659 guerrero street discretionary review and variance staff is prop a one week continuance commissioners sort of oddly enough 4 drs with filed during the notification period we received a 5 dr requester that was filed on

valentine's day february 14th that dr requester is unable to attend today's hearing to afford that person due process i think we have at least continue is one week. >> i do know that the dr requesters are not in support of the continuance. >> 659 guerrero street any public comment on this item? the items proposed for continuance are the dr requesters here jonas do you know. >> i don't believe their present the request is coming from staff i believe in order to afford the last dr filer the due diligence would be premature to hold to today. >> seeing none, public comment is closed. commissioners commissioner fong