on as a city are the people who are the sickest and most vulnerable living in cars and streelths who have no other -- streets and who have no other alternative to do so and think of enforcement policies for people there who are working and can't handle the commute or their vehicles aren't equipped to handle the commute. there's lots of types of people in the street. for every person out there there's another story. i'd lake to focus on the -- like to focus on the sickest and most vulnerable and get them out of their vehicles into a place of safety and relief the neighbors impacted. the bay view police stations and then it will be easier to meet the needs of the remaining focus and we should think about what

we want to do as a city to address the needs of people who maybe don't formally see themselves as needing services but are still on our streets. i think you addressed the problem. >> commissioner: thank you, director torres and jeff. how many public comment cards do we have? >> clerk: eight. >> commissioner: i assume that includes everyone. if you want to speak on this item and haven't submitted a card, please do so. perfect. two minutes a speaker. please call the first speaker. >> clerk: ronnie marshal followed by spencer hudson. >> commissioner: welcome. >> good afternoon noon, directors. i'm a native and my wife say native daughter and we're in our home we own directly impacted by the oversized vehicles for over 30 years.

we're a small neighborhood. throughout my community none of us that i know of don't have great compassion for the homeless issue. this is not a homeless issue. this is an issue of oversized vehicles and people living in them. we have some commercial vehicles everything from trucks, campers, vans, rvs and motor homes. i support and urge you to pass the parking resolution before you today. r. it will at least around the university mount both reservoirs help with that situation, create safety for the reservoir and the neighbors directly across the street on all those blocks. i want to add to that that it doesn't take any foresight to see what will happen once the signs go up is that the blocks just won direction or the other immediately adjacent to those. we're talking about on the east

side of the south basin the 700 block of whalen and 500 block of hamilton and 700 block of woolsey are open and they'll go therap and the 1100, 1200 and 1300 block of whalen and on the east side of north basin have you the playground. the real issue most of us see here is the degrading of the quality of life for us residents and homeowners and a major health and safety issue. i urge you to pass it. >> commissioner: thank you very much for coming down today. we appreciate your input. next speaker, please. >> clerk: spencer hudson. mike lee. >> before i start i'd like to

let mr. reskin know if you think the muni service is other than abysmal you are woefully misinformed. i'm spencer hudson and i oppose any expansion of parking restriction for people living in their houses. i'm a home owner. i pay taxes in this city. i think it's a disgrace we are wasting funds chasing people around the city confiscating their property and towing their homes. it's pathetic. what you should be doing is concentrating on providing houfg, support and services for all on the streets regardless of whether they are living completely unhoused or in a shelter or whether they are in a tent or living in a vehicle. towing people's vehicles, stealing their homes is unconscionable. you should be ashamed of

yourselves for even thinking of some of these restrictions on people who are unhoused. i'm especially concerned about the motivation for your comments on whether or not there are children living in these neighborhoods. i sincerely hope, sir, you are not implying people living in vehicles put children at risk any more than anybody else in our neighborhood. thank you. >> commissioner: next speaker, please. >> clerk: mike lee. alan mafey. is mr. mike lee here? >> yes. thank you. we've agreed to disagree on many issues over the years but i hope this board is listening to what

jeff is talking about as a reasonable and rationale regulation you're considering. don't listen to this guy. he's bound and determined to run homeless people off. once you sign the mandate, he can do anything he wants. i don't hear repercussions about what previous sides about will because once you side that he's got carte blanche. i'd like to also point out to you, by giving jeff the four weeks he needs, it's not a lot of time. right now in oakland we are talking about creating the same type of program you're creating here in san francisco, same parking program, 150 vehicles are going to be staged. it took about $3.5 flon -- $3.5

million and $5 million and they're talking about constructing it and talking about making it $300. you don't have to look to santa barbara. look across the east bay. those are the innovative solutions we need. we don't need a stick. let's be reasonable and rationale. give jeff the time he asked for as a bridge to go ahead and post the reservoir. last thing i'd like to say is homeless people do not eat children, okay. we don't eat children. i'm a former homeless individual and i never ate or threatened a child and a take real offense when there's a hint we do so. i'd rather eat your dog by the way, i'm korean. thank you for your time.

>> clerk: sloane kelly and melody. >> good afternoon. thank you for the opportunity to address the mtab board. i'd like to start off by thanking matt laura and richard kyro for keeping the neighborhood positive to look to a solution to keep oversized vehicles from litter and dispensing human waste and taking advantage of the neighborhood and would like to thank supervisor ronin for keeping our concern at the forefront and working with the neighborhood and agencies to find a resolution to this growing problem in the portola and the details designated for signage fall short. on page 2 paragraph 8 details

the streets which are to receive the signs against large oversized vehicles. it falls short to eradicate the problems. it needs to be the areas within the neighborhood including all streets surrounding the park. on october 9, one day prior to the last community meeting sfpd made a sweep and towed some motor homes between bacon and felton and they moved however they just parked around the corner on felton street. this was acknowledged by supervisor ronin during our december 10 meeting. at least one motor home was back on the university street within three days. the point i'm to make is if only half the streets are posted it will only push the issue to other streets within the neighborhood. page 3 under alternatives considered acknowledges the neighborhood has requested a larger area be requested for

signage in anticipation of the relocation of oversized vehicles. however, the department of homelessness and outreach has been limited to four sides and further outreach should be conducted before pre posing restrictions on other blocks. >> commissioner: thank you very much. next speaker, please. >> clerk: lo kelly, melody, martha bridgeham. >> commissioner: welcome. >> hi. i'm flo kelly a volunteer with the coalition on homelessness. and i want to say i'm a substitute teach three blocks from this area. in december myself and another volunteer went to do outreach to folks who live in their vehicles and in one of the really large rvs we found a mother, her

4-year-old daughter and a newborn who were being visited by the san francisco homeless prenatal and it made me sad to think but i saw it's a gorgeous place. she kept it very well. and i let her know that her 4-year-old daughter could actually come to e.r. taylor if there was space in the preschool program. and i'm mentioning this family because i want people to know people who live in their houses in the portola and i want you to know, these are real people. these are real people. it's not them and us.

and i also want to point out frankly anyone who's homeless is breaking the law every night not just in their vehicle with the laws and tent sweeps it's against the law to be homeless. there is definitely a need to change these laws in for instance. we definitely have a huge population living as if they were in a third-world country. >> commissioner: thank you ms. kelly. >> clerk: melody. martha bridgeham, evan owski. >> thank you. my name is melody. first every time i walk down the street i've seen people i've known formally sheltered in rvs now on the sidewalk in piles stuff now in the rain. a few wednesdays ago a woman

told he her vehicle was towed and said i feel like i'm losing my mind. another woman who's rv was taken was attacked with a knife through her tent and remaining property pilfered and destroyed. you cannot imagine the mental anguish of without notice being given 15 minutes to get out. the city refers to this as a team but i can tell you it is an army of people. two to four police officers, 10 trucks and several tow trucks, dhs, a team. this is like 15 to 20 city

officials that come and knock on your door and publicly make a spectacle of you and bullies you unless you're left standing on the sidewalk in utter despair watching them seize your property with no power to stop them. this is about humiliating and punishing people without resources. at the height of city sanction tore -- torment we're offered unsustainable solutions. don't do this. >> commissioner: next speaker, please. >> martha bridgeham. i hope you'll think of this more than one proposal in the sequence and glad to see ms. eaken. i used to work with a department and interviewed you and enjoyed working with your quality of

intellectual approach to urban planning. i've been doing volunteering with the coalition against homelessness and i want to ask you to please delay voting in favor of this incremental further restriction. i'm concerned the restrictions are being treated piecemeal though they're essentially systematically reducing the capacity of the city to house people in the neighborhood in the community as neighbors, as good neighbors sometimes instead of the family flo mentioned who has a daughter who may be able to go to school three blocks away. instead we're increasing the likelihood vehicular residents will be segregated and secluded in a separate place and that's not good for democracy or being

an inclusive city community. segregation, inclusion, enclosure and telling people you can't be here, you must go there. there's a place that will take you in therefore you have to go there. we're looking at the possibility of the farm mentality and if there's a way you can delay this vote until you figure out how people can remain in offends -- neighborhoods and all be part of the same city it's very important. we need a city all one community. not a new institutional segregation system which is what we're pointing at today. >> commissioner: thank you very much. >> clerk: evan owski, barry toronto and roberta sherman. >> i work on issues with the democratic socialists of america and sat on the november prop c steering committee. we've done outreached to

unsheltered homeless people including vehicle dwellers and they face challenges including the 72-hour rule and smog checks and insurance as well as insurance problems. i spoke to one woman trying to make ends meet in an rv who gets a tow from a friend to keep ahead of a 72-hour rule and spoke to a trans woman who doesn't feel safe in a shelter system. and yet the city has been increasingly cracking down with bans targeting the san franciscans in vehicles and with respect to the work, offer of services has been used as a trojan horse. we all want people properly housed but there's simply not

enough supportive housing available. more oversized vehicles bans are not a solution. without a real solution we'll be back next month and the month after discussing further bans. i urge you to oppose these bands and at the least wait until we have a legislative solution crafted with input from vehicle dwellers. >> commissioner: thank you very much. mr. toronto. >> clerk: followed by maria sherman and david driver. >> when i used to come i used to hear all the time and the bands are still going on. the proposals to ban. i'd be a hypocrite to say i'd feel uncomfortable in my neighborhood near open space if i had a group of rvs parked there. i'd be uncomfortable too. the thing is there's got to be a solution. you can't just keep bringing them up because they go some where else and next topic's

about napoleon street and it's probably a better spot for them to be because all you have are cab companies and industrial spaces. not a lot of housing. but the thing is that you have do work win the director of -- with the director of homelessness performing tucomo lum and you can look that up it's a jewish organization and i appreciate andy thornily for bringing this to you and maybe he can run the taxis because he's run compassionately and instead of pushing them to another street and keep folling them to another street and another street work on finding a space for them. find a spot instead of keep bringing the bans before you. it's constant.

i've been following it for a long time and took a break because i usually drive tuesday nights and i need sleep but today i didn't get a lot of sleep so i'm not driving tonight. the thing is let's work on a solution and perform tucuno lum and i commend andy thornily again for showing compassion in this area. and let's work together. last thing, there's taxi drivers that sleep in their cars and cabs because they have no place to live. >> commissioner: thank you. >> clerk: maria shulman, david driver. rich kyro.

>> if you give them tickets what are they supposed to do. >> commissioner: next speaker, please. >> clerk: richard kyro and dustin nova is the last person with a speaker card. >> hu for holding the meeting. i live in the portola for two years and support the legislation before you. i hope you vote for it. i was really surprised when i moved there from the upper haight to see what was going on. it's just not the kind of thing that happens in the upper haight or richmond and i sent an e-mail

about this but if someone can explain to me why the sun set reservoir deserves restrictions but the university mount reservoir doesn't. there's a rationale explanation for that besides they got it first and we can't have it, i would accept that but i don't think there's a rationale explanation for it. i hope you vote for it. thank you very much. >> commissioner: thank you very much. >> clerk: rich kyro folled -- followed by dustin nova. >> thank you, i'm rich kyro and a voter carrier for te service and have seen the detore ration -- deterioration in the neighborhood more so in the last two years. all the things happening you

would not this across the street from your house. it's not really improving. it went from 24 to 12 rvs and it will the same a week or two weeks from now. we need this resolved. if you're going to offer any more time on this get a drop-dead deadline because the residents are tired much all the riffraff and the safety and sanitation and it affects property values and that may be superficial to some people but we all play patches and the taxes -- taxes paid are $1200 to $1500 and we're put back in the community and the people there are not helping out at all and that's part of it. there's no free rides. back in 2006 i suffered a nervous breakdown and almost

lost my house and lost my 40 1k and i know how it is to go through these times. i don't want to seem uncompassionate but you can't live somewhere you where you can't afford. you have to live within your means. i for the first time was thinking of relocating because for a time there i was going lose my house. i got two kids in college. i just couldn't do it. i do have the compassion but people have to live within their means and if they can't do it here in san francisco, which is one of the most highest priced place to live in the world, not just our country, it's time to move. >> commissioner: thank you very much. >> clerk: justin nova. >> my name is dustin nova a captain of the san francisco fire department in the excelsior district. from a public safety perspective the ra -- rvs have to go.

i have a son. he wants to go ride his bike. i want to be able to feel safe he's going around the reservoir and he'll be okay on the sidewalk without much traffic. homeless aren't going to eat them, i know that, but they sure did offer him drugs. he sure does have to go around garbage. five gallon tanks of gasoline and sewage on the street. it's disgusting and despicable and i thank you very much for considering this and so happy it's come to fruition it's a possibility it will happen with the signs. i just want a place where my children can go out and i can feel safe they'll be okay. i know my neighbors and who these people are. i don't know the people in the rvs. i try to reach out and they say go away or get out of here. i don't want to dehumanize them.

i care about everybody but living in the neighborhood i want my kids and neighbors and everybody to be safe and getting the rvs is okay. it's not okay you have bans everybody gets stuck across the street from me. not okay. thank you for your time. >> commissioner: thank you, captain. any other public speakers? seeing none we'll close public comment. directors, time to discuss this or ask further questions of our very able staff. >> i'll jump in here. i'm delighted to hear we have so many compassionate members of the public willing to show up and comment on the item. i think many speakers said things on my mind including just a very logistical reality that if we make the ban on these streets, those rvs will go to

the next street over and we'll come back here and have another ban and then another ban. the question's not been answered, where are people supposed to go. it's premature. because of what we heard from the people of housing and supportive services division they need three to for more weeks to execute the process we all approved in the document you put forward which is to use a more humane approach and see if there's ways to accommodate people's needs that way. and given the comment from supervisor ronin's staff about the legislation going before the board of supervisors today to try to create that more holistic solution so many public commenters spoke about. to me this is a bit premature and i move to continue this item until the two objectives have been accomplished that dhsh

finishes their work and we can see a little bit of the resolution of what's being discussed before the board of supervisors today. >> commissioner: we have a motion to table the item is that would that would be? >> a motion to continue and require a second. >> i second that motion. >> commissioner: a second from director rubke. why don't we finish the discussion and come back to the pending motion. other directors wish to comment on this item? >> substitute motion. >> commissioner: i will allow you to make any motion you want after this is resolved but address the issue which goes to the substance of the motion. >> director, no one else? >> thank you. thank you to everyone who came down and mr. kaczynski and

thornily. as you can tell, this is difficult work. it seems like the work to reach out to the people living in their rvs has been quite successful in this area. i would assume if we approve the bans on he's streets the rvs will move to other streets and the work will continue to reach out to these people and to help them if they can accept help and want to accept help. i keep going back to the fairness of parking resolution because it's fair to everyone this is a ban on oversized vehicles. can you tell us again, i believe you said other alternatives were offered such as rpp or a complete overnight ban.

is that true? am i remembering correctly you looked into other options before going to just an oversized vehicle ban? >> that's right. andy thornily sustainable division mtab. this is part of the codified guide abs you -- guidance you approved and we look at the problem you asked us to solve and take up an assortment of tools and would time limits help something and something else. a good principle, try to achieve multiple things with a swing and not just one. ordinary daytime time limits, blanket overnight parking restriction on the edge of the reservoir. we talked about rpp knowing that's a bigger thing we wouldn't just bring forward u

unilaterally and the maybers are used to leaving their cars parked so none of those were satisfactory. if i might volunteer the oversized vehicle in the parking restriction is not directed ostensibly at overnight vehicles but dimensional and you heard many commenters including the supervisor's office say some of the problem is commercial vehicles left parked on the streets. there's a food truck i see often. there are box trucks, moving trucks, things that are not appropriate for a residential neighborhood. it's convenient to talk them up against the reservoir and leave them for a long time. the oversized, overnight restriction would apply to them likewise. so it's a combined issue of things too big to be parking in the neighborhood. >> thank you.

these are difficult. i don't like the idea of continuing it because i think what we will accomplish by continuing it can be accomplish by mr. thornily said is not request signage goes up until the department has had time to do their work. i don't like these at all but i will ultimately support this. >> commissioner: director torres you had a motion to make and upon reflection i realize i should have let you make that. i apologize. please go ahead. >> i vote to approve it. >> commissioner: i think what will happen procedurally is we'll vote on the motion to continue and if it passes we'll continue, if not we'll vote on the matter as a whole. anything else, director torres? director hsu.

[inaudible] >> my sense in working with the office is it's been a year it's been a hot topic for district 9. i've been hearing from neighbors probably at least that long. i think last march i came to you with an informational presentation nothing put before you but here's what we're dealing with and university avenue i think was captain novo's house. i showed you a severe situation around the reservoir in the portola. >> commissioner: my personal view is not to vote for the motion to continue and i thank

the notion outreach and every time jeff is here presents so eloquently so please thank him and what i heard on the motion is the signs will not go up tomorrow. they'll go up in four weeks after jeff has had time to complete his outreach program. jeff reported to us his outreach program has shown success and jeff reported he needs about four weeks to reach the same success here. i think continuing this matter is simply going to be delay for this neighborhood when in fact the outreach will go forward if we adopt this as you just described. as far as the item as a whole i'll speak to for efficiency's sake, i'll say it before and again for the benefit of those who haven't heard it, if we're going solve this problem as city, lift the ban everyone. let everybody suffer the issue and everybody see the issue, let

everybody play in the democracy that will solve this issue. if we are not going to do that it's not fair to hold one neighborhood hostage as the guinea pig or the test case until the city solved an issue that extremely smart compassionate people have been trying to solve. please, no applause especially not for me. those are the rules. this community has come to us the same way others have come to us, you and others have handled this very compassionately. i continue to be impressed the way this is going. it's pursuant to the plan. i don't say this because i'm convinced that i am right. if our vice chair were here and she's not do to family crisis she'd give the other side of the story which is engaging neighbors and politically sensitive people is the only way to get the momentum we need to solve the problem. that's an entirely rationale

view. i just don't share it. we've come this far and unless you have a proposal to lift this everywhere including the sunset reservoir near my house and other neighborhoods affected by this i cannot support an unfair patch work and i will support this proposal here today coming from staff and from the community. so with that, we have a motion on the table to continue the item. director eakin's motion to continue the item. yes means we don't hear it today and continue to later and no means we resolve it today. ms. boomer a roll call vote. [roll call] >> clerk: eakin aye director hsu. aye. director torres. the motion to continue fails. >> commissioner: unless there's

further discussion i'll entertain a motion on the item. >> moved. >> a second? >> second. >> commissioner: we can do a roll call vote in favor. all those in favor of item 11, ms. boomer. >> clerk: brinkman aye. eak eakin nay. director hsu. aye. director torres aye. the motion carries. >> commissioner: so thank you to everyone who came down to speak to us. it was an informative debate. we know it's a passionate issue. there was a great deal of respect shown. andy, please do everything you can to help those people before the sign goes up, okay. >> that's my pledge to you. >> commissioner: thank you. we'll move on to the next item. >> clerk: item 12 approving overnight parking restriction on a portion of napoleon street. >> commissioner: mr. thornily, long time, no see.

>> yeah, good to be back. again, andy thornily with the transportation agency. the item is similar but different. a piece of napoleon street near the creek south of chavez street. the department of public works burr burree o of -- bureau of urban has asked for a portion of napoleon which is often congested when workers come they can't find parking and a lot of the problem is long-term parking and a lot of that long-term parking is large vehicles some of which may be inhabited. we have been working with director kaczynski's team to reach out and connect to folks living in those vehicles. there's a larger ongoing

encampment challenge in that part of the city sidewalk and open space tent and improvised struck our and the homeless team have been working in the area and the vehicular aspect is further to that. there's not a special effort on connecting with vehicularly housed folks. in this case, to director brinkman's questions on tools we bring forward, because this is not a residential neighborhood and because it was availability for commercial interests and our own city partners we proposed a blanket no-parking overnight restriction. so every night between midnight and 6:00 you may not park anything. a yugo, winnebago, fishing boat. it's a short piece of napoleon.

i have a picture but it's about a block on evans street sigh -- it's a portion of napoleon. i believe we have folks from public works bureau of urban forestry on hand and if they're here i hope they'll give comment. that's all i have. >> commissioner: okay. he love being master of ceremonies. >> he loves that. >> commissioner: i was worried you missed the joke. >> i'm with san francisco public works bureau of urban forestry with the request to approve the proposal. the idea came to us when the deputy director came to an mtab first half and saw similar

restrictions in the mtab site so in the spirit of consistency we request you approve this. our new facility is for our arborists sometimes called upon to perform work in the middle of the night and generally start in the morning and there's an ongoing issue with parking available and really significant illegal dumping and the existing long-term parking has hamp perked our ability to keep that area clear. it's a very difficult site to keep clean. our crews are moving into the new fast so it would facilitate two challenges. it would allow us to keep the area much cleaner because the existing parking is an obstruction to cleaning the sight. we had a 10-wheel truck with ten

loads and there's a ton of illegal dumping that happens there and would facilitate our crews being able to park and park in close proximity to the work and our routine work. we appreciate the consideration. >> commissioner: thank you very much. directors, any questions for staff before we open public comment? okay. you've worn them down, andy, good job. public comment. ms. boomer. >> clerk: starting with melody and followed by martha. >> commissioner: are you prepared to speak? call the next speaker. >> clerk: spencer hudson and mike lee. >> i can tell you martha felt she needed to go to the meeting in room 250 but she wanted me --

>> commissioner: state your name again. >> flo kelly. >> commissioner: welcome back. >> i volunteer with the coalition on homelessness and wanted know give her comment by proxy which is she's very much against restricting this parking. i just wanted to say that when i have done outreach in the bay view which i've done more often than any other location, i have been impressed by talking to certain people who live in their vehicles who have made arrangements with the businesses that are closeby. -- close by. one guy with his tv on said see that wire over there, the business that i am parked in front of is so grateful that i'm here that he is letting me use

his electricity. there was another person said that he's made an arrangement with the business next to him and they're kind of helping each other. so the business man is asking thoim -- him to keep the sidewalk clean. making sure everything is safe around there and so he does. there's about five vehicles on that same block. i just impressed to hear when businesses and residents living in their vehicle make an

arrangement to work together in unity, it's a beautiful thing. >> commissioner: thank you, ms. kelly. thank you for your obvious compassion. mr. newman, please. and melanie, when he's done speaking, we'll go to you, if that's okay. sir, please. >> clerk: spencer hudson. >> commissioner: sorry, i mistook your name. mr. hudson welcome back. >> last week you may have heard the democratic socialist of america raised $3,000 in four days to provide funds for us to go out and provide tents and blankets and food and socks and batteries and water to people living on the street. we spoke to many people living in vehicles and they told us what a tough life they have even though they had a vehicle over their head, they are still trying to keep one stead ahead

of mtab and sfpd. they struggled with getting services from the city. they struggled getting food and water and maintenance for their vehicles. but the over arching sentiment was here of losing their home and parking restrictions whatever they are for whatever reason is cutting their ability to find somewhere on the street to live in their home. if you live in the sunset, you have a home. you like i are safe and warm in our beds at entitle. we have nothing to -- at night. we is have nothing to fear. these people do. that's not expand on that fear. let's find a solution to help them and parking restrictions,

towing, confiscation will not help them. >> commissioner: thank you, again. apologies on your name and thank you for why you eloquent comments. next speaker, please. >> clerk: ellen, mike lee and evan owski. >> my name is melanie and i'm upset because so many left right now. i just need to ask you to not do this. there's going to be nowhere for us to park. that means we get tickets. and the more tickets people get the more chances you are to get

towed. once you are towed they leave you there on the sidewalk in the rain with a pile of stuff. they only give you a few minutes to get your stuff and get out. i'm not the person making this mess on the street. there's nothing i can do about those other people but please this is going to be mo -- nowhere for us to go. i'm asking you please, don't do this. thank you very much. >> commissioner: thank you very much. next speaker. >> clerk: mike lee. evan owski. is he here? maria shulman. mr. chair, that's the last person on the speaker card. >> commissioner: welcome back. >> i know evan had to go back to work but he is also opposed to

this and i mean i think that it doesn't make sense. you guys all acknowledge it's cruel to keep moving people around from place to place, from street to street and yeah, we should ban it across the city. we should not have parking restrictions anywhere but you guys can start now by stopping this restrictions. don't pass this one. don't pass the next one. >> commissioner: thank you very much. okay. with that we'll close public comment. i'll assume there's no further questions for mr. thornily. if none, are there comments on the item? >> i'll make a motion to approve with the comment i believe we have done quite a bit of work to help people not have their holds they live in towed.

-- homes they live in towed and can you remind me what we've done to avoid the towing of the vehicle vehiclely housed dwelling. >> chair of the sustainable street division. the things we've done to minimize the rim of a vehicle -- risk of a vehicle being towed reducing the citations an waiving late fees and giving people more opportunities to have people do community service for the fines. anyone at an income threshold at 200 he 200% of the federal poverty level can have their late fees waived and citations can be paid

off with community service rather than through cash payment. that's a quick summary. there's more details but primarily our efforts have been on relieving the financial burden of the citation. >> i'll make a motion to approve and with the reminder that we can troll what we control and we have tried to make this as fair as we've been able to. >> commissioner: yes, with a lot of those steps under your leadership when you were chair, mr. brinkman. is there a second? there's a second. any further comments on the item. director rubke, please. >> i'm going oppose this but i do so hesitantly. i side with director eakin in terms of wanting a more holistic solution and understanding and

appreciating the work staff has put into this and the thoughtful and optimistic measures thus far. i think we're premature in six months. i'd be more optimistic of voting for these when we have legislation the board of supervisors and and hopefully other nishtds so initiatives so people aren't just moving from one street to another. and with respect i will vote against this. >> commissioner: we have a motion and second i'll entertain a voice vote. all in favor say aye. opposed. director rubke voting no and director eakin had to leave for travel reasons. that passes. >> clerk: and item 13 for a budget amendment in supplement appropriation of $38.1 million for fiscal year 2019 for to

support projects and mune ir and environmental review findings. >> we have two opportunities before us one is thanks to the city controller we have identified the city has overpaid in the educational revenue fund and have counties pick up a larger portion of the state's responsibility for funding consideration -- counties and it comes with caps the city controller found in the last fis yal year the city overpaid by a sum of the order of $450

million. so therefore those revenue are returned to the city. and are available for allocation to the general fund and to various other funds that by charter receive city revenue including the municipal revenue fund and there's about $185 million that will go to the general fund and others going to various places including approximately $38 million that would come to the mtab. the other opportunity is that the contract that you and the board of supervisors approved to replace light rail vehicles and we've already started receiving the expansion vehicles all 68 in total we will receive by the end of this calendar year under that

contract and the replacement of the replacement is expected to start in 2021 and run through 2027 and the opportunity we have is through conversations with the manufacturer would be to accelerate the replacement with the new lrv4 vehicles starting the end of next year instead of 2021 and ending in 2025 instead of 2027. given that no withstanding this morning's infrastructure issue the reliability of rail service is i think most jep ardized -- jeopardized with the vehicles and replace them with the new vehicles that would provide much more reliable and better service and better seating ultimately is

the single best thing we can do for the rail system and i think it's about 25% of the ridership is carried by the light rail system every day. those opportunities coming together is what's before you. we had already spoken and come to an informational item about the benefits and opportunities. i had also indicated that we would likely be seeking supplemental appropriation from the board of supervisors to have access to the revenue now with supplemental appropriation those revenue would fall into our fund balance and but we wouldn't have access to them. in conjunction with the mayor, we have proposed supplemental appropriation scheduled to be heard in the budget and finance

committee tomorrow and i bring this item to you with your concurrence moving forward supplemental appropriation. at the time i talked to you before about the item and drafted it, we were proposing primarily to use the funds for the acceleration of the light rail vehicle procurement for the replacement vehicles. the reason why we would benefit from having that money now is in order to lock in the schedule i identified and we are still hopeful for a better one but at left -- least to lock in that one, we need to issue notice to proceed to the rail vehicle manufacturer so they can take the steps necessary to get the early start in place in late 2020.

in order to execute that notice to proceed, there's up front costs we would need to cover. these dollars or a portion of these dollars would enable us to be able to issue that notice to proceed. we don't fully know yet what the net cost of this acceleration would be because there may be costs in terms of financing the funds for these vehicles are available but they're available under the original schedule of 2021 to 2027 to bringing them forward may have some costs. but on the savings side, we'll be paying less escalation cost because the contract as time goes on we recognize the cost of inflation. there's also the cost we'd be avoiding in term of escalating investment we'll need in the vehicles to keep them serviceable.

and we don't know with exactness now and there's funds and we are getting with the manufacturer to know what the costs are. all that said and in the last few days there's been lots of discussions about the use of these funds the city portion and the mta and other portions. i have a revised proposal for your consideration rather than using the full $38 million for the light rail vehicle procurement, we'd put $19.3 million towards the light rail vehicle procurement, put $13.8 million towards mta energy

efficiency programs and put $5 million towards small business impact funds. now, where did these other two needs come from? as you know, with the pg&e bankruptcy there's been discussion among folks in the building how the city can start taking steps towards energy independence. we have done projects and we put solar panels on our facility at 700 pennsylvania. they allow us to consume less energy which benefits us and puc because the provide energy at less than markos