all in favor, aye. i make a motion we don't reveal anything that we discussed in closed session. >> second. >> all in favor. >> aye. >> thank you. >> i pledge allegiance to the flag of the united states of america and to the republic for which it stands, one nation

under god, indivisible with liberty and justice for all. >> please be advised too use cellphones and pagers and electronic devices are prohibited. the chairman ordered the removal from the meeting room of any person responsible fort ringing of or use of a cell phone, pager or sound-producing electronic device. a member of the public as up to three minutes to make public comments on each agenda item unless they are shorter period on any item. item a public comments on not listed on the agenda. >> are there any public comments. >> how are you doing. >> michael regula gregory heavyt trucking. i just want to bring it to your guy's attention. i was awarded a job with granite

construction for a number of material, about 56, maybe 80,00, right. and when i got the paperwork back, they pushed a number back down to 1,000 tons which which strange when i called the company out on it he said he would use me but he wasn't going to use me for the whole portion. he was going to bring in his team from the south bay. i thought it was unacceptable during the fact that they're not lbe certified like we are. i think it's jacked up these big companies come in and use us to get the credit and it's part of the workout today on people. so if there's someway we can address that situation. i appreciate it. >> which project is this. >> the horizontal on mission

rock. >> i've been working with them for a month and a half and getting numbers that satisfy them for the job and they told me that it was mine due to the fact that the numbers were great and i guess they have another agenda. >> we're look into it. >> ok. >> thank you. is there any other public comment on items not listed on the agenda? seeing none public is closed. >> good afternoon madam president, kimberley brandon and members of the commission, members of the public port staff, i'm elaine forbes. and the first two items i was going to report on are both canceled efforts, one was our plan port contract open house and the other was a ribbon

cutting for the ferry terminal and both of those events have been canceled at this point and i'll explain much more on the next item which is the covid-19 update. as you all know, mayor breed declared a local health emergency on february 25th. for the city and county of san francisco to prepare for covid-19. on march 3rd, our maritime director and i became aware of a potential issue on the grand princess. that evening, we had a conference call at 9:00 p.m. with our city counterparts in the u.s. coast guard and by the next morning, of march 4th, we had assembled from the federal side health and human services hhs, the center for disease control, c.d.c., fema, the coast guard, cal oes, the california department of public-health and

our own emergency management import staff. we continued to address the grands princess for the entire week and i would like to let everyone, every port commission know we have a lot to be proud of in our maritime staff. our maritime director andre coleman was tremendously responsive, professional, calm, accurate, and just terrific in our unified command structure. joe riley, who served as our planning chief was incredibly professional, on the job, calm, collected and has a lot of experience with the unified command structure and it showed. dominique moreno was working or not the weekend and the entire maritime team just went way above and beyond for this response and i couldn't be more proud of the work that they did to support the effort. we were very also it was

extraordinarily helpful and rewarding to see all the federal and state counter parks to work together and see the decision makers work the problem to the ground and make the best decisions as quick low as they could to protect the health and safety of the local community as well as the passengers and crew on that vessel. the grand princess is in oakland today as everyone knows. and we really want to express our gratitude to the city of oakland for stepping up and to everyone involved. we really hope the very, very best for the passengers and crew aboard that vessel and our pleas that everyone is getting the healthcare they need and the local community is being protected in the disembark and all of our labor partners who stepped up to resolve this

situation which is port ants as we deal with covid-19 in our community so that brings me to the larger issue of covid-19 and where we are as a city many of the numbers in san francisco are still small but our mayor has been loud and clear that we are to prepare aggressively as possible because all of the science shows that we have an opportunity now to prevent spread that could keep up on a much better trajectory than if covid-19 is more seeded in the community. so, there has been lots of direction from the mayor, t.h.r., for how we are to change our behavior at work and at home so this we can keep ourself safe. you will notice the room today is very different than it's been in the past and this is re fleck tive of the best guidance that wove gotten how to prevent spread so i want to go over a little bit about what we're doing as a city to minimize the

spread to the maximum extent possible. so that we can handle this public-health epidemic and recover as a community. we are encouraging to telecom ut outeso we're pushing telecommutg to the extent it works for the employee's requirements on the job. we are also having ability to telecommute into meetings so we're limiting our one-on-one meetings to those that we node to have happen and offering opportunities to tell conference in so all of these things are important. for events that are discretionary of nature, we're just canceling for those the next two weeks. in our public buildings that port owns, there's been a health directive around those

discretionary public events. we don't have any of those scheduled over the next two weeks so we weren't canceling any events in public buildings because they weren't scheduled but we're applying that to in-person meetings to keep everyone safe and the spread down. we will be, of course, we're telling everyone to stay home if they're sick, that's very, very important whether it's a cold or a flu, stay home if you feel symptomatic. we are telling everyone to wash their hands and providing hand sanitation. cover cough and sneeze, avoid touching your face. firstly as i implement these protocols it's amazing how often i used to touch my face. don't touch your face. we're not shaking hands or getting into personal contact with others. you can see we're practicing social distancing which is an arm's length apart or four feet apart just to be especially careful and diligent. all of these things, social

distancing, staying home when you are sick, canceling discretionary events, being more thoughtful about in-person meetings and providing telecom opportunities will work to reduce the spread of covid-19 and we all have an opportunity and obligation to be part of the solution at this time and again i want to reiterate from our mayor and our director of public-health, we have an opportunity right now to reduce the potential spread and this window will close to us in the future. so it's really important that everyone pay attention and change your person at behaviors to be part of this solution and that concludes my report is there any comment? >> >> i want to thank director forbes, just all the maritime staff for all your hard work and

your due diligence. i was in australia last week and i was being kept abreast. sundays i was in the airport in sydney and i got a call from the governor and he laid out when they were going to bring the ship in and how they were going to discharge everybody. he had over 1,000 people from california on this ship. people from canada and britain and where everyone was going to be taken and how the airport was convenient so no human incompetenter action to get people off and get them to the different bases so they could get quarantine. they're going to leave over 1,000 other crewmembers, mostly filipinos, they're going to leave and maybe take that ship up to alaska and let them be in quarantine at sea. we found out on sundays that they were going to hire our members of the iowu. it was a seven hour meeting. i just talked to our guys on the grounds over in oakland and the discharge of the passengers are going good and they got all the

california people off. they got 900 passengers off yesterday. they hope to get 1,000 passengers off today in hopefully the rest tomorrow at the latest by thursday. mood is good and they said what was really emotional to them when they were tying up the ship when they were there the people in the ship came out and were clapping. they were so happy to get off the ship and see help was coming and they were low on food and to me this is a humanitarian effort. that's what this is. this is a humanitarian effort and this is our responsibility and i want to give a shout out to the port of oakland because this ship took off out of the port of san francisco and everything that happened. as americans, i think we've gotten a wake-up call because close to 3,000 people have died over in china but you see with italy on lockdown and what can happen and this is a virus that

is effecting the economics and the stock market you see everything that is effected happening behind this so this is a wake-up call and i want to give a shout out to the governor. we have to deal with this and i know that oakland was a little apprehensive because a lot of time oakland felt like they were the step child. there's a community that's always deal with environmental racism and they wanted to bring coal over to oakland and that is listening to the lady on the board of supervisors over there, they were really concerned that oakland was being used as not a scapegoat but i believe they're using everything possible to get the passengers off and get that ship out of there and so thank you and this is important and the people whose lives can are saved will owe a debt of gratitude to oakland and to the

port of sa san francisco. so thank you. >> i want to thank executive director forbes and mike and the whole maritime staff that stepped up for this effort because this was a humanitarian effort and we all needed to pitch in where we could and we do have to stay vigilant and make sure that we are taking care of ourselves and our surroundings to make sure no one else gets it. i thank everybody and we're practicing social distancing up here too. [laughter] >> thank you. >> thank you. >> item 9b information overview but the san francisco ethics commission executive director on recent updates to the city's ethic's laws and resources available to support compliance with city officials and

employees. >> good afternoon, commissioners. thank you director forbes and to your commission secretary as well. i, like many of you, i used the port the very building regular will he and i want to add my thanks to both the city employee for the excellence out of this department everyday. clearly we're in a city in a crisis from the public-health incident and it has up ended business across the city and i think what you heard from your director today is indicative of the kind of continuity of work and leadership that we're seeing from inside the city. at a particularly troubling time. it's uncertain and there's a crisis in public confidence about how much we can do with something that is really maybe unmanageable but we have ak lent people from my observation working very hard and so i just wanted to add my thanks to that. and i'm here because i was here four years ago when i first took on this role as ethics commissioner and i would say we are in a different type of

crisis on the front of government service and trust in our government service and that happens. and i'm here to just give you a bit of a highlight of some of the new items that have taken place place over the last several years. we've been reaching out with our resources to try and support city and workers and understanding not just the letter of law but the spirit of the law and why to we have a lot of rules that can quite seem quite complicated at times.

>> california coming up on apri. you know this very well and it's the opportunity to make sure that we're taking a stock of our own economic interest that could be effected by our work and i wanted to touch on that the requirement for an annual refish err on ethics that is also here to help support you and other city employees and their work and provide you information about individual assistance and some new laws. also, some general tips and tools foray voiding conflict of interest and those are things

that can sometimes creep up without thinking about it and it's an opportunity at this time of year every year to really stop and take stock and think about a very consciously and put some practices in place good practices that will carry us over the course of the year. there are additional provisions that took place that took effect last year after an extraordinary joint meeting and work with the board of supervisors and the ethics commission that responded to putting new requirements in place that really try to expand preventing conflicts of interest in the appearance of conflicts so that our work can be and can be known and trusted for its integrity and i also have information and some of these are very familiar with if you are not, you will see and information about political activities that are new provisions on the books and resources from our office at how we can assist you and how we're supporting this work throughout city government. our ethics committee is a place

that you can a resource for you. our website, this is a copy of the banner that you will see when you go to our main website and we try and taylor it every few weeks or months depending on what is going on but for folks who have a responsibility to report their financial interests to ensure that we are avoiding conflicts and detecting them when possible, good government starts with good reporting and the place to start is our ethics commission website we've been working with staff to make sure folks have this conversation. you will find a lot of resources and tools available to you. i mentioned the economic interest filings is known as a form 700. this is a requirement through out the state of california and these are helping identify once a year through this annual filing due april 1st the financial interests we may have to influence in the conduct of our official duties and it does not require us to report everything we own. it requires us to look at our

disclosure categories and identify what we may have the opportunity, the influence in the conduct of our official duties and there are certain types of reportable financial interests and i've listed those here i wanted to highlight for you in this presentation where there's that little eye sign, the information icon, those are live links that when you get the presentation or you take a look after or if the public wants to look after, these will take you directly to more information about these requirements and again, far more information than we have to cover but i hope you will have chance to look at that if it's useful as you work to comply with the provisions of the lieu. there's an opportunity that the city and state has created for public officials to have annual ethics refresher. this is building on a state requirement ab1234 where all individuals who file statements of economic interest, because we make or participate in making government decisions, we have a chance to influence those decisions and to potentially influence the interest that come

before us. there is a required training as you know and one thing i would say over the last couple of years we have done to streamline this process is to sink it cron lon i cannil icronlogically anda cyclical thing and it was hard to remember so now it's when you go to the place to file on our website, you have your training and you can can complete it again and complete your filing but it also is due by april first of this year. i would underscore for the public who making following your meeting, that as you know, the statements of economic interest are public documents and that's to help let the public know we want them to hold us accountability and it's ok to look and ask us questions because we disclose something on one of these forms doesn't mean we have a conflict of interest. it means that there's something we got to be cabeful about and maybe ask for advise about so we can avoid stepping in a problem

area or getting close to it. there is information on our website where people can look at individual forms and people can search across forms and we work very closely with open data in san francisco and so we have information across 6,000 forms filed by over 500 economic interest filers who have been filing online with the ethics commission by-law since 2014. those republic disclosure and there were questions access that information on our website. one thing that is a new provision, that took effect about a year or so ago, the link to the section of our city law that addresses it and it's what we call our no-file-no vote. there are consequences, reputational. there are consequences of late fees, potential enforcement for not fooling but most importantly there's a consequence if you don't not file and you cannot take action on matters that are

before you in your role as i commissioner. you would be disqualified from acting should you not have filed timely either your form 700 or your certification of having completed ethics and sunshine. this was a say we want to be more serious as a city about having these issues front and center on a daily basis and that starts by at least having them on a basis completed once a year. so there are some consequences for that and we encourage you to look for more information. we encourage you to file by april 1st so there are none of these issues and it maximize public confidence in what we do. the conflict of interest provisions of the law will help us avoid detect and avoid potential conflicts where there is foreseeable that the decision that we make might have an impact on a financial interest and the goal is to try and prevent bias decision-making and present and ensure wore doing open and objective

decision-making without any regard for our own financial interest and this is a given but it is something that we often need to reinforce with ourselves. if it's not front of mind it can get lost in the busy important work ib all of you are doing so you can follow-up as you need to. there was a provision enacted a year or so ago that extends the conflict of interest concept. and this specifically adds to board commission members. this is something that prevents a public official from using public position to seek or obtain anything of value for the private or professional benefit of himself or immediate family or for an organization with which he or she is associated.

there are, if you have questions about if your name is being used to do fundraising for the non-profit and it you are a member of a member of a non-profit so this is something i wanted to highlight and it take to you the code section and most importantly, please, if you have questions about that contact our office and ask. when we identified there might be conflicts of interest through our form 700 or through other means, there is now also a requirement that boards have put in place regularly for recusal so that there's a public forum that acknowledges a recusal and stepping away from acting on the

matter took place. it's a public document and it's easily file able online in our office with a digital form. it's not something you have to write in hand and submit it after trudging down to 25 van ness, although it's a lovely office. we want to make this requirement easy to file. we want to make it public. so we have places on our website with people can look for it who is disclosed, what was the basis for the disclosure and it just again provides transparency about where there might be action taken to uphold good decision-making, where conflicts are not taking place. this is an example with a link to the recusal disclosure form. this is a sample of what the form looks like and what is even online by the filer and by the public and again these are sort of meant to be tools for you going forward to see where this information is, how you can comply with it easily and then how the public can access that information transparently. there's also a new provision

elected request payments at a certain level that there's a disclosure requirement elected officials have been required to disclose and the reporting requirement was initiated for city officers so there is a requirement if you look asked or requests a payment generally for governmental or legislative type of purpose, if it's someone proceed north and you you have a requirement to disclose that within 30 days. there are additional mechanisms in the law that helps support you in reporting that and this is something that is a fairly new and it was tail order from the state's requirements by selected officials but again the concept here was that the city was taking a wanting to make

sure that there was public transparency around places where decision makers and private money and people who have interest before you as public officials are converging. this is really trying to uphold integrity by providing transparency around with no circumstances happening. again, sample of a form i won't spend time on this, but there's information here about when the requirement is due and how can you comply and link to those sites to find that. now importantly, every city department has a statement of incompatible activities and this is a document where i highlighted in three sections here, the kinds of restrictions apply. these have been on the books for 10 and 12 years and these speak to restrictions on gifts perhaps on other types of activities whether compensated or uncompensated and i'm not going to go through the details here. i tried to push it out thoroughly specific to the port so you can see this.

the first is, there are times when incompatible activities, whether compensated or uncom upouncompensated so it shows a k to the port statement directly from this page. there are also activities that, this speaks to employees more of the activities that have excessive time demands incom pot able with ones' duties and there are some areas where activities may also be deemed incompatible and prohibited. these supplement state and city laws are something that is meant to tailor guidance to know when something is do or given the specific nation and the mature of the department's work. you are probably familiar with the fact the state fair political practices commission which is the agency at the state level that governs these laws

and promel gates regulations, they update the amount of gifts that individuals can can take before they're impermissable under the law. that number is remember is $500. $500 from a single source. if someone is attempting to influence you in your work or lobbying, influence the work you are doing or a matter before you, there's a much lower limit of no more than $25 per year for source and $25 per instant so you can take a da minute muss of $25 up to four times a year and no more. fifty dollars is something to remember that's where it might be required based on your disclose your category so they're a type of income and they could depending on their level constitute a conflict of interest so those are questions to keep in mind as you file your format 700 this year. i want to talk briefly about the use of public resources.

this is something that you will find discussed in your statements of incompatible activities and it's something discussed at length in the city attorney's good government guide and that is linked to the city attorney's page through the link at the bottom of the slide. political activities rules are not meant to keep us away from politics and we all have issues we care about and we all have candidates we care about depending on the your role in the city and county of san francisco there may be restrictions what you can do and with public resources. one of the things that i think is often i find most people have questions about, no soliciting of campaign contributions from city employees and it is impermissable for a city official to solicit another city officials or employee for a political contribution to a city candidate. and so, this is something that isn't often discussed or maybe there might be confusion around. we have a link to this section again here. if you have questions about something please call in advance of taking the action because we

can provide assistance and guide you but we can't do that after the action has been taken and obviously no political and city time. there is another couple of provision that's are new in the law one in particular that is that effective in january 1, 2019, no members of boards or commissions can engage in fundraising on behalf of their appointing authority. if that appointing authority is an elected city officer. for example, if you are appointed by the mayor, this law prohibits you from fundraising or for candidate running for the office 6 mayor and again, this is fairly new and other cities around the country have something like this on the books as well. the goal of it, even though it may sound owner urous or frees p your activity during the course of the year but it's really meant again to delink any sense

and so this is something that we think has helped to reinforce confidence in the integrity of how the city goes about its work. i'll end with the illegal i can commission as a resource and we were created in 1993 by the voters of san francisco to provide information and guidance to city officials to elected officials and those who are in departments making decisions and to really try and help create a culture where it's ok to ask about is something right or wrong to do where we can help provide information and outreach about rules that can be complicated because we want to help people keep far, anyway away from any violation of the law or a breech of ethical we have in the city. to do that we have a broad of functional range of duties and you will see public disclose

your on our website providing outreach sessions like this tailoring session to smaller work groups and we want to help departments do that as needed because we want to reinforce the voters' vision for strong and good and excellent service in public service and he with can't do that alone. we work with our colleagues throughout the city everyday and the leadership you bring to your work as well. i hope you will consider us as a resource members of the public who are following your work and hearing this will also take a look at the website and see where there might be questions they're interested in and this is just an example of the place you can go to on our website. tailored to city officers and this is the disclosure and requirement and there's a page you can go to in lincoln to these requirements that i mentioned earlier. we're also set up to be an independent enforcement authority in the city. we do not have the enforcement

authority this a district attorney does or a police chief does. we have the ability to call people out when there's been a violation we have detected and we call that on behalf of the voters in san francisco by having people account publicly for the violations if they engage in them and fining them monetary personalities and having them acknowledge the violation publicly and so we have fines up to $5,000 for violation or throw times the amount that was not reported or unlawfully contributed, expended gave or received. we have responsibilities to refer matters to the district attorney in the city attorney's office. we initiate investigations and we initiate our own process of reviewing complaints and we have an independent commission that are each identified, a pointed by a different elect owed efficiently to have wins that pass through city overtime so,

we are transforming our own work and be resourceful to you all as we can so i appreciate you all taking the opportunity to have a brief primer or reprimer and that is i very important step and we appreciate that you've taken it today so i'm happy to answer questions if you have them and i'm happy to leave my card here for you if you have questions for my staff. thank you and thank you to the great work that your staff does everyday. >> thank you. >> is there any public comment on this item. public comment is closed. >> thank you for the presentation. no questions. commissioner gillman. >> thank you for the presentation. i just want to say if someone is interactive with your staff and team they're helpful and diligent and integrity is really important always. thank you for the work you do.

i have no questions. >> vice president. >> low an, really thanks for that because i'm sure you had a lot of experience. it would be easy for a commission because they can can get themselves in trouble and i really appreciate you bringing the updates and you stand in bounds and it's important. we know what can happen. we have a rogue president, right, in the united states and sometimes people have to be reigned in and you can have a whistleblower complaints but i appreciate the integrity and where you are coming from and i just think it's go ahead and you pointed out several of the changes that happen and i hope you at least come twice a year ones once a year so we can be reminded because we have an obligation to serve the public, right and they have put a lot of trust and when people go rogue or step out of bounds, it's a reflection of everybody. >> thank you for the

presentation. thank you very much for the presentation. i think this is perfect timing for a re flesher as we all get ready to file our form 7700 to thank you for reminding us of the new laws and what we have to do to report accordingly. thank you very much. maybe you want to come every march. [laughter] >> thank you. >> thank you. >> item 10a request authorization to advertise for competitive bids for construction contract 2830 mission bay ferry landing dredgining site preparation. >> good afternoon, president brandon, vice president adams, commissioners and director forbes. my name is shannon carrens and i am the manager of the engineering divisions project management office. and i'll be presenting on item

10a for authorization to advertise, contract 2830 for mission bay ferry landing and the timing of the advertisement is important because the port has $8.3 million of ocii funding that nodes to be used in this calender year and we plan to use this $8.4 million to partial low fund this contract and approximate the work nodes to take place in the in-water work window of 2020 in what our work would june through november. and staff presented this project to you in july of 2019. as you may recall the new ferry landing would be located across the street from the chase center and adjacent to bayfront park. the design consists of two berths access from a single float with a pier and gangway. it also, the project enclouds

construction of agwa vista park. the ferry landing would sit within a half mile of 11,000 new housing units and 7 million square feet of new office and commercial space and 1 million fair feet of retail space and 7e and it's within one block of the muni third line it will be easy walking distance of the mission bay hospital and campus. this project supports two key components of the port strategic plan. the first is liveability. it improves the liveability of residents and visitors in san francisco by easing traffic congestion along the waterfront and it also increases the preportion of funds spend by the port an lbes. secondly, it has positive economic impact by allowing new water vessels to dock at the renicpier. and supporting new development.

port staff last presented to you in july 2019 when we sought and you granted position to advertise for cmgc contract for mission bay ferry landing. after that, port did advertise as a cmgc contract we received three bids and all which were significantly over the port's estimate for the dredging component of the work. we rejected the bids for that reason. even though we weren't successful in awarding as a cmgc contract we learned a lot we will be able to apply to this project and others in the future. first thing was we learned that bundling dredgeing and ferry land construction did not result in the expected efficiency and adding complexity forked bidders. we learned the type of dredging and debris removal proved to be more specialized than previously anticipated and that cap task is not common in the san francisco bay. we learned that the value

engineering ideas offered by bid did not result in practical option force the port. given these lessons, port staff recommending dividing the work into two contracts. the first one is today's agenda item. under this, we would solicit bids through competitive low bid. the second future contract, we would solicit bids for the insulation of a marine cap mattress, construction. ferry landing and the landslide improvements awarding this contract on the basis of best value and a combination of value indications and price. divided the work into these two separate contracts will provide several benefits to the port. we would increase the number of firms that are able to bid the separate scope of work increasing competition and this second is we would have more cost certainty earlier in the project buzz w because we have a

accepted cost proposal at the time of cost reward. third, we'll have time to complete design components under the cmgc we were leave to go complete during the pre construction phase. by completing these design components we'll have a accurate bid. we will avoid potential change orders and still have dredging take place during the 2020 in water work window. this is important to not lose the ocii funding. on this slide you can see a list of all the permits and authorizations that we have received so far. the last one in bold is the only one outstanding and we expect to receive that this month. so the estimated project budget in july of 2019 was $47.1 million currently our estimate is $58.4 million. the actual project budget will

be finalized when the bids are in for all project work. the can't estimat current inforn concludes the rejected proposal and bee brief with the proposers after the bids have been rejected and consultation with industry experts and consultation with public works and weda. increases are in the construction management inspection monitoring and mitigation items as i mentioned, the dredging debris removal and cap. port covered the increase. the fund this project the port will use the $8.4 million in ocii funds. $1.2 million in prior year general fund allocation and $3.4 million in currently port capital. so you can see that cmd set the lbe subcontracting requirement

for this contract at 11% and so this is $11.8 million contract at 11% so that equates to $1,298,000. so, that work that we expect for lbes includes the general engineering requiring an a-license and trucking. so this 11% is below the 20% city standards because 82% of the contract is comprised of marine specialty work, allowance, mobilization and dough mobilization costs. and we have the solicitation by separately bidding the dredging work to take place in the 2020 in water work window. in july when we last spoke to you about this project, our schedule reported a june 2020 construction start date and then end of 2021, construction

completion. so, this new schedule we've kept to the june 2020 construction start date and we anticipate that the construction completion to be spring of 2022. so, in summary, the project delivery strategy will separate into the work contracts and this strategy will also allow us to complete the project by spring of 2022 and we have identified funding courses for the increase in the budget and we have identified new work for lbe truckers. and if you grant us authorization to advertise this can contractors our next steps will be to ex to you for authorization to advertise for the construction management services contract which would support both of the -- support the future contract project at

your next meeting and we would come back to you for authorization to award this contract in april of 2020 and come again in may of 2020 for authorization to award the construction management services contract we would come back to you in fall to advertise the pig value construction contract. thank you for your attention and i'm happy to answer any questions. >> thank you. >> so moved. >> second. >> is there any public comment on this item? >> seeing none. public comment is closed. commission billman. >> thank you for your presentation and i support the item and i have no questions. >> thank you. >> in principle i supported idea but i want to go back to december when we had the bids and three bids came in. what was our estimate for the total project?

>> let my -- i think i have a slide that i'd like to show and i want to be able to get to my hidden slide on here. i think i've got it now. i want to go to full screen. i think that you are speaking maybe about this.

our estimate is $47 million in 2019? >> correct. >> ong. when the three bids came in, what were the three bids? were they over the $47 million or under? >> yes. so the way that the solicitation was done through this cmgc contract, we got bids on the pre construction services and what we were calling the early construction services. we at the present time get bids on the full part of the work because what would happen under the cmgc and we would have a pre construction per rod. pre construction services period and at the end of that period so throw to four months later we would come to a gun teed maximum prize for the work so we it receive bids on the pro c. services and on this slide you can can see that that is table a, those were the bids ta we got for the pre construction services and then table b, that row, where the boxes around the

$17 million there, that was what we received for the early construction services component and so, we had a port estimate for that work at $10.8 million and you can see the lowest bid we received for that portion of the work was $17.6 million and that was why we rejected the bids. >> i'll go back if. >> could i assume that the tota. >> i did not do that. >> ok. >> bidder a's total bid was 51 million round numbers. is that accurate? and bidder 2 was $23 million around numbers and bidder three was $31 million? >> well, i would say the total that you are seeing there is

comprised of different components from the we asked for the construction and general conditions and profit and overhead so it was sort of a place holder for that. and table e was should it be going over the cost so these are, we did not yet have a full proposal through that gmgc solicitation so these are based on what they proposed there interest overhead profit conditions to be. yes they were place holder proposals but not a gun teed

maximum price yet. >> the respective throw totals for one and two and three and 51,000,023,000,0051 million, 23t the basis for their bid? the early construction work was just for the dredgeing and debris removal and concrete mattress and the off hauling of materials. that is what table b and is table a is the cmgc pro construction services and i believe table c, d e were not -- there was no construction of the fixed pier or the float or the

landslide improvement in this price. this is just the dredging. the chart is less than? >> that's correct, sir. >> if we have an estimate of $33.7 million, if all the bids came in over i get it but if the bids came in under, then i may have a different view on it because we would be able to get the job done and our estimator below. >> say that again. i think i can help clarify. the bids for the inwater work all came in over our estimates for the price of the project. that's why we rejected the bids because that meant our budget was over so it was the first work we were bidding here that

came in over, correct? >> right, there's a concern that if just the first portion of the work that we have and actual proposed cost for was that much over that we needed to step back and make sure that -- you know, to reassess our tomb budget and cost estimate for the entire project. >> so we rejected all the bids based on our estimate for the dredging at 10 million and the cheapest came in at $17 million. >> correct. >> that's right. >> and what did we learn through the process? where did we go wrong on the estimate from 90 days before we publish it versus the bid coming in? >> we learned several things. one was that the where we came over was related to the dredging and debris removal. that was the big part that came over and so, while we had

developed our estimates based on, we had a lot of data points and they were resent data points of not just bids that were received and also amount that's we had paid for registering but it was based on the maintenance dredging that the port does regular will he and while we new that the type of dredging and the deb row removal is different from the maintenance dredging and it would be more expensive, we didn't anticipate that the macmagnitude difference for that type of dredging. >> ok. fair. one more question. that will con cloud in your 2019 estimate for construction management, you were roughly $2.7 million maybe 5% of the project and for the new project, it is increased to almost

double. are we going to see the same construction management fees for all future contracts go double and or is it just this within contract that is going to be double and if it's for this within contract why? >> so there are a few items in that. so, we have one item that is within that line item that dollar amount is mitigation costs and so we have a cost for removing debris and i mentioned that was also something that we learned was much more expensive than what we had anticipated and so, it's not only construction management in that that mitigation is also the debris removal so that amount went up and we had -- we it increase the actual construction management cost as well and that was also related to getting a full appreciation of the complexity of this work and in order to protect the port and our investment in this project, we need to make sure that we have

sufficient management on it. >> thank you. >> on your estimated project budget, you said $47.1 million and it's over say $11 million, whatever. you have funding to cover the over budget. >> yes. >> can you tell me what that is and where it's coming from? >> let me get you another -- i can tell you. so, we requested $5 million from the general fund to cover this part of this and we also have identified existing port capital and it is actually from the maintenance dredge contract funds that weren't used and so the 6.1 million is from existing port capital. thank you. >> thank you for this report. i know that this is necessary.

to ease the traffic congest yun in the share now. this is needed and all the development that is online to be done in that area. this is going to be a great addition. like my fellow commissioners, we have concerns about the increasing price of it and just wanted to make sure that when we start this road, we can actually complete it. and so, i was looking at the budget, the projected budget, and you said these funds, the 11.8 million are coming from the slide that you showed us it's coming from the potential row i areimbursement recover re from responsible parties off ocii and

general funds. >> that's right. >> in your presentation, that's more than 11. >> that enclouds >> it's 16 million. >> it's 8.4 million in ocii funds and 1.2 million in the prior year general fund allocation and 3.4 million in appropriate port capital. that should be 13 million. >> so the slide you showed us is incorrect? >> that's what i'm looking at. the arrows on the slide. >> oh. i think you have it -- you have one that says project with the slide from the staff report? >> ok. >> this one. >> yeah, ok. >> yeah, so that, the 3.4 million is actually from that last row that is the 6.4 million of potential reimbursement. >> would you put up that slide? >> yeah.

>> i had a slide and it's not here now. it's 16.1. >> ok. >> so, the 3.5 that you are referring to is coming out of these? >> yes. so the 3.4 million for the currently appropriated port capital is from that potential reimbursement and so that potential reimbursement is

related to the contamination at pier 64 and so, there could be an opportunity to get reimbursement for that and that would back fill the port capital. we do know if that's going to happen so we've identified. >> at this point we have 47 million and we hope that our general fund request is granted and that we do get a recovery? >> right. >> to complete the project, is that right? >> right. >> so for this contract, are we taking it out of the potential reimbursement as sated on this slowed or are we taking it from somewhere else? >> from ourselves we hope to be reimbursed. the $3 million. >> wore taking it from port capital. >> yes. >> ok. >> we're loaning the project the funding with the hope we will be reimbursed through the pier 64 cost-sharing reimbursement. >> the funds for this are coming

from port capital and the ocii funding. >> and the general fund. >> and the $1.2 million in general fund that we received in fiscal year 18-19. >> and hopefully ii. >> this is in the budget we approved. >> yes, so the 8.4 million from ocii the 1.2 million was approved in our last bien yell budget cycle. >> it's for dredging and we have money left in our dredging contract that is not extended so we have an open contract and an allocation for dredging that we have leftover funds that we can utilize here. but we want to reimburse from the cost restraint. >> we would need to be reimbursed to complete this project, right? >> yeah, so -- >> as you've identified commissioners, we talked about a little bit during the capital

budget presentation a couple of weeks ago we had gaps in this project. and so we're pursuing the 5 million-dollar request from the general fund. we are also pursuing a couple of grant opportunities so a federal grant as well as a state grant. we're still in the process of building the capital stack for this project. >> right. and so, for this contract, it's $11.8 million plus contingencies and if all the bids come in over, then what? >> we're going to have to do some serious work internally before we come back to you. >> ok. >> ok. >> so at this point, we're just putting it out there and wore just going to see where it comes back with and then we'll decide how to move forward.

>> got it. >> thank you. >> all in favor? >> aye. >> any opposed? resolution 2014 has been approved. item 11a request approval of a settlement agreement and lease number l16653 with the family foundation under which port claims for present due and pff claims for remember credits due under current lease l # 114 for the pier an next will be row solved to port and pff will enter into a new lease for the annex for for years, three the new lease will allow storage, occurration and display of the photograph photographic collecto provide free public access and will allow for up to 5.000000 and the parties were released

each other for potential claims in connection with the settlement agreement and the settlement agreement and new lease encloud other terms and conditions set fourth in the documents on file with the port commission secretary. >> good afternoon, mike martin. i'm joined by mark and deputy city attorney ronna sandler who have been of great assistance as we worked through this negotiation with the family foundation so we're excited to be back here to walk you lawsuit what we're proposing today. it's a non-profit corporation with the mission of curating and displaying photography much of which relates to the waterfront and they operate pier 24 photography and pier 24 annex a location for storage and display of the collection. originally it was slated for

demolition in 2007 and in fact the port had budgeted funds to do so and at the time they had discussions with the port and agreed to lease the property in exchange for doing a set of improvements that started at a number under $3 million but mushroomed to $14 million. port staff verified eight and a half million dollars of that expenditure as sub structure core and shell improvements at the time. under lease l14414 and three subsequent amendments the lease expired in november of 2017 and with it, expired the $3 million of rent credits the port commission allocated in the lease. the parties entered negotiations to try to extend their relationship -- we're back, i hope. and failed to reach an agreement

that met the needs of both sides on a compromise so after two years of those discussions and a number of trips back to the port commission and closed session, port staff issued a 30-day notice to terminate the lease in december of 2019. that prompted sort of a one last attempt to troy to bridge the gap and i'm happy to say that the parties did ex to the table and hammered out an approach that we think works to set things up before going forward. the proposed settlement agreement is very simple. it acknowledges the five and a half million dollars in remaining unamortized but verified sub structure core and shell cost as rent credits to address da lynn quincy to november 2017 of the present and the settlement agreement would call for the family foundation to pay the port's attorney fees and negotiating settlement it's conditioned on the entry of a new lease. that new lease has the following principle terms.

it would set the rent at port's current rate which is something that was important to port staff to sort of move the property up to its current vow in light of its condition and location. the new lease would -- it's $3.40 per square foot per month. the rent credit proposal is that the tenant may take the remaining amounts of that five and a half million dollars of an unam ar tiesed cost as rent credit net of what is used up front to pay for the rent t da lynn quincy outstanding. it can be for most of the rent payment per month which would leave a payment of $5,735 per month. the term would expire when the rent credits are exhausted and depending on when we actually enter this lease that will determine the term based on when

i made about the delinquent rent soaking up some of those rent credits before we apply them to the lease. for example, if the lease was entered on may first we calculate the term would be four years and a little under four months. the parties were interested in discussing a potential extension to the facility. i think with the time being an issue and being something we wanted to move fickly to remove the cloud over this and in materials of our prior notice of termination the leafs invites the tenant within a year of signing the release to bring it with backing information on the facility condition and lifting the occupancy limit on the building. we thought that was really important from the port's perspective for this tenant and realizing that occupancy limitation if removed to allow more people to enjoy the

collection and port property that will be in negotiation whether you want to move forward when we information that information if we do and we'll work through that and bring it back to you if the ten apartment wishes to proceed with that discussion. the lease pre visions are in accordance with the port's form lease with the notable exceptions. there's not a port program or project termination rights that we see in our leases. this was the case in the prior lease as well so we've continued that approach here. the tenant asked for two additional terminates rights in what was in the prior lease. one was in relation to the tenant's obligation to repair. there's a scenario close to the end of the term where a maintenance's responsibility would come up and be more expensive than would be worth

the rest of the term of the lease and in that situation the tenant would be able to give the port 90 day's notice and instead of performing the repairs term nant the lease and give the property back. the tenant wished to have a general termination right with the year's notice which we also agreed would be pre pre at in the context of this short term extension or short term new lease, excuse me. we would retair rada the security deposit rather than marking it up to the current rent amounts since they're not being paid with the rent credits that are involved. any transfers would be at port's sole discretion. this is important to us and we felt this was a deal with this tenant who made these improvements and created this attraction on the waterfront so we don't want this to then be transferred somewhere else to someone who may have different ideas for this facility. and so that's the general summary of the terms of the agreement. port staff recommends your

approval. we feel like it achieves the goals set fourth in the staff report continuing these public oriented operations at the site. rent terms -- i guess also talking about the public operations we've built in a lot more reporting in this lease so we can understand who is attending and what groups are attending and what special events are happening interest and we think it's useful for extension discussion but also for understanding the sort of on going value of this unique property and that's the end of my presentation and i welcome your questions. thank you. >> thank you. >> can i have a motion? >> second. >> is there any public comment on this item?

there is. simons. >> >> sim son and pacific waterfront partners. a brief little history for those of you who don't -- i better get used to this. where retained way back when by the foundation to seek a site. i had been working with the members of the ports real estate staff curt bennett and various peoplpeople to figure out a user this site. even looked at it psa terminal for the oakland airport. we looked far and wide and i brought them back to pier 24 and he loved it.

we did a lot of due diligence. i don't know where it came from but i didn't give it to him. he approached the port staff in the light of the women's museum having failed, and having wasted a lot of time and support of mrs planning had not really settled on a coastal use for that area. i wanted at least a 45-year lease so we could do a total foundation and get tax credits, et cetera. but, with the port staff and cooperating we said ok, it's too much of a heavy lift so we did the deal that we did. we built a fabulous museum. i'm not here to develop it and i'm not on the paper and i'm

just here as a citizen and i'm passionate and the head of the louvre and the head of the tokyo museum and this is a world famous cultural facility and it's what we all feel is a little funky and it's super cultural, it's a great asset for the city. i appreciate he has kind of fished around about appointments and stuff like that but i truly believe there has not to do with the self-interest but it has to do with the art is so valuable and so incredible and he doesn't want mobs of people coming. so i've probably have my three minute warning sign but i just want to take speak in favor of this thing. thank you very much if you've decided to ep him and help him

but i would love it see if we can find a more prominent solution. thank you. >> mary murphy. >> >> good afternoon, mary murphy, council to the flora family foundation. we're here today to respectfully request you support the staff's recommendation and approve the settlement agreement and the form of the lease and as you've heard from mr. snowgreff and it's reflected on the staff report, it's really a great asset of the city of san francisco and really of the world it's one of the finest private museums in the world and i think the outpouring of support for the museum is evidence of how a great asset sunshine for the community. as mike said, there is a limitation on the occupancy load and that is why the museum is required under the terms of its old lease and the new lease to have have a controlled access

that is doing it any other way is prohibited under both the old lease and the new lease so we're looking forward. it's actually lent itself to a con tem la tive and considering cultural experience for so many people and so many members of the public. certainly for the academic community, for schools, teachers, researchers and for artists. it's been an amazing resource and we want to continue that public outreach. it is, i believe, the only completely free museum in the city of san francisco and the pillara family foundation will serve the public through this. we're so grateful to you, the commission and to the staff. i want to specifically thank your executive director elaine forbes. mike and michelle sexton and rona sandler and i know you have had a lot of things to deal with. i want to thank your staff and particular. they're always professionals and

they're great to work with and we have a resolution that works with you and hopefully for the foundation and public that really loves this museum and wants to see it flourish on the waterfront. i'm here to answer questions if you have them and i want to thank you and thank your staff who are really fantastic and i think they're pretty much not completely unhung heros but their praises aren't said enough. thank you. >> thank you. >> erika damon. >> hello. my name is erika demon and i'm an artist working in photography. i just wanted to say something about pier 24. i call it the pier. it has provided me with so much knowledge and community since my time in san francisco. you know, i've made friends

there and they still have an impact on my art practice today. i first came to the institution during a class visit in 2013. i wanted to get in on a class and the class was full and the teacher recommended that i visit her at the institution and i never heard of it before. i was amazed by the access to the work and at no cost. being a student and loving it so much, i visited it two to three times a week. at that point they recognized me and they were like do you want to become an intern here. so, i began interning for them in 2013. really they've given me a platform for my work. after about nine months of being there, i shared my portfolio with the director of the space and he really enjoyed what i was

making and therefore they programmed me into a show which was called collected and in 2014 and they helped me develop the work. you know, i was a student and there was no way that i was able to problem myself forward in the way that they could propel me. and it's really catapulted my career. pier 24 photography and all the people there have kind of got me to a place where i'm nationally recognized and it really has been transformative to think of myself as an intern, as someone who just came there once a week to enjoy the work and to be close to the work. to kind of now be in a position where i am in other museum collections and i'm also in their collection and so want to sing their praises and i'm so happy that an agreement has been made and i really hope that it does go through. thank you for listening. >> thank you.

>> hi, everybody, my name is pisan and i'm an instructor at berkeley city college. i teach photography and i've been there for 14 years and i'm senior faculty at california college of arts. i'm going to start by reading a letter by one of my colleagues at c c.a.a., chris johnson who couldn't be here. so, this is addressed to you, san francisco port commission. even in the city with as many important photograph i can cultural assets as san francisco, the pier 24 museum is proven to be unique and essential resource source for inspiration and education. as chair of the photography program at california college of the arts, in san francisco and oakland, i can attest to the fact that pier 24 has become an integral part of our curriculum at all levels because the breadth and quality of its

collection and approach they bring o their exhibitions. there are two facts that make poor 24 an ideal resource for educators and first the museum is fro, a crucial factor for teachers and students and visits are by appointments and so it is possible to view insulations without distraction of crowds. it's essential for schools throughout the bay area. i also served as chair of oakland chair between serve and i private art institutions and like the gallery in florence, italy, pier 24 is the generous result of a private collector's vision and invites the public into something more than the familiar and popular art projects found in other museums. when you enter pier 24 it's

clear that you are in the presence of a singular approach to photography. art work and wall techs are displayed separately so that viewers can appreciate one without the distraction of the other but most important loo is the innovative approach to selection and curation that pillara foundation together with the museum director bring to their insulations. pier 24 breaks new ground with exhibitions like secondhand and it teaches new things about the images we see everyday and paul graham, whiteness of the whale that reintroduction art we thought we knew well. one important difference is that florence treats the gallery as the national treasurer it is and benefits from its worldwide prestige. san francisco has an opportunity to tem on straigh demonstrate it as it is a premiere art venue in the united states. please consider this to be an

unconditional of support to continue its generous and great work at renice priebus 24 and endorsement will be viewed as a historic benefit to san francisco's reputation as a center of cultural excellence. chris johnson, i'm going to second everything chris said and i've been teaching for 14 years. >> thank you. keith silva. >> thank you. i'm keith silva and i live in marin. i'm an avid consumer, a customer of this place. i love it. it's magical. it's quiet and it's sacred and it's intimate. and this settlement ta you have before you looks good to me and for a long time i was a commercial landlord here and

both sides seem to come out pretty well on this so i would encourage you very much to adopt the settlement. one of the things i liked about the pier, aside from the unique territorial bent which is unique. chrisma call has done a fabulous there and he has a great support staff is it's educational outreach. it does something called the sul ton lectures at cca california college of arts and those are really instructional. i can't see how anything else like that can happen without the institutional support of someone like pier 24. we're special to have it in our midst. we're blessed special to have the entire institution in our midst, there's, as erika alluded

to there's nothing like it in the rest of the world. it's wonderfully educational and i've seen school groups come through there. their eyes are like saucers that can't believe what they're looking at these beautiful, gorgeous prints. wonderfully mounted. the staff is hugely helpful. if you have questions the staff will tell you in a second. a full background on the artist and the piece so from a consumer standpoint, if you want to look at it as a business model it's a successful operation and i would encourage you to adopt the proposal, thank you very much. >> thank you. >> is there any other public comment on this item? seeing none, public comment is closed. commissioner. >> great. thank you. i would encourage the commission it support this item as presented it us. first the real issue in this

extension of a lease or a new lease is really tenant improvements. that's the real crux it. go back to 2007 and think of where we are when the bid came out and this building was going to be demoed if anything. and we have someone that came in and remodeled it beautifully. what is most unique is history will prove this is one of the best deals we made because the net result of this deal is we get full remodel. look at the leases we see over and over and over where they're asking us for 66 years to payoff their improvement and in this case we will have this building back to the city paid for in

less than 20 years. but most importantly, we have to go back to the original time and i believe that it was everyone's intent that the improvements being made and the tenant be brought home. so i strongly recommend row. i just leave one more item, 2007, this guy believed it was important. he was the first ones to walk over that magical line and written personal checks and monday to improve our waterfront and look at where we're at 20 years later. i hope we have two or more three tenants come forward. >> thank you. >> commission gilman. >> thank you. i support the item and i support the resolution that we have in

to. having art and culture on the waterfront is one of the things we hear from the community and from our community stakeholders when we open up any new parcels or rfps and folks want art, culture public access. and, this project has all those components. i would urge and i feel the need to say this for the record even though i am fully supportive of the item, i do urge the day they operators and facility folks who facilitate the site to consider allowing some limited access and tickets or walk inns and i do find -- if i'm wrong, you can address it off line but i do fully believe it creates barriers for people not with digital literacy or folks who want to be spontaneous after they get off the ferry visiting our waterfront scene to have

continuity while limiting the gas the artistic intent. my husband is a photographer and he has explained it to me but i still believe we should be providing broader access so i really hope the pillara family and the foundation will consider that and i'm 100% supportive of the item. >> thank you. >> i don't have amnesia. this is one of the toughest kind of relationships because i can can remember this was contentious among the commissioners talking a lot. i didn't think the relationship was that good. i'm just being honest. i always believed you should pay your rent, right. people can say a lot of noise ne things about this and that but it was contentious. i want to thank mike and elaine. it was contentious and i know some of the things that were said by commissioners. you can say one thing in privilege at and another thing

here but i know what was said. i'm just being honest. it was very contentious and i'm glad thaw got to a point that you can get to but i would hope they will work on trying to have a better relationship with the port. and that is just the honest thing that happened. and i think mike kept going back to the well and i know motorcyclmike hekeeps plenty in. i'm going to vet to support it but i think the port and the pillara family needs to wrack on their relationship and i saw a lot of hating gun on and it was not positive. it left a bad taste in my mouth as a commissioner because i couldn't understand how someone wouldn't pay their rent and butt heads and so sometimes people want to paint a perfect face but it was not like that. it was contentious. thank you. >> thank you. mike, thank you so much for the presentation. thank you so much for your patients and your effort to get us to this place. i was here when the original

lease was done and i thought we had such a wonderful gift being given to us by mr. pillara and all the development that went into pier 24. it was a private collection at first so i'm glad that it was open to the public and poem were able to go. i do grow with commissioner gillman, there needs to be more access. it is such a jewel. so many people should be able to see it and should be able to visit. and i also, i think it's absolutely phenomenal it's up for a museum with limited access. i think maybe mr. pillara wants to work with the city to get funding maybe from the grants for the arts or the art commission or something because this is a san francisco jewel and we're responsible for

maintaining the property and we can't condition t continue to de give away our piers our structure so we have to bring wonderful people to the waterfront so, like commission gillman said, if someone got off a cruise ship or a ferry and say i would love to go i've hard so much about this wonderful museum, yet, they can't. because there's such limited access. so, i think it was extremely unfortunate that we had to get to a place where we became the bad guys in the public's view. we have been able to salvage it and hopefully we can have this ten apartment as a long-term ten apartment many of hopefully we can.

hopefully we do look like the bad goya in that process. with that, all in favor. >> aye. >> any opposed? resolution 2014 has been approved. >> item 11d a settlement agreement and l1661 with developing swiming and boating club under which the club will pay for the port $5,913 in settlement for past use beneath the boat dock at 520 jefferson street at the present time of recreation and parks and they will wave payments and claims related to the club's failure to for property to the port and the club will enter in a market rate lease for submerged lands bow neath the dock for a term, co term and the lease for the department of recreation and they will require the club to provide and promote aquatic activities and allow for rent

credits for up to $30,000 for dock improvements for the club willen dem na fie the port for past use and waive all claims against port and lease include other terms and conditions as set in the documents on file with the port commission secretary. >> good afternoon. thank you for the opportunity to speak today. i'm the property manager. i'm here to request approval for a settlement agreement between the dolphin swimming and boating club and the port of san francisco. to start with background about the dolphin club, thei interpret founde -- in 1927 theyrelocatedt location at the foot of jefferson street. in 1976, they haven't inside a e and it expires on june 20th, 2028. for background between the port,

rec park, in 1993 the port and the rec part determined a portion of the dock is within the port jurisdiction. since that time per idea port staff have contacted the dolphin club in an attempt to properly document their use of port property and enter into an agreement. in late 2019, the dolphin club submitted for a construction permit from the san francisco building of building inspection. they submitted for that application they let them know that the portion of the dock that they wanted to do repairs on, we would be the permitting authority for those portions of the repair. at the time, they reached out to the port of san francisco and we entered into the negotiations that resulted in the settlement agreement before you today. during those negotiations we had goals. first and foremost we wanted to address the dolphin club's use of port lands. there's about 678 square feet of submerged land that the dock has been built on.

>> the dolphin club would pay for back pay for four years at the rental rate and that would result in about $5,913 being row paid to the port. we would enter no a new lease with the dolphin club. the new lease in which the toll

fin club would promote their aquatic activities in under the terms of the park lease paying rent on the dock as it existed in place and our submerged land parameter rent which is 19 cents a square foot escalating 3% for the it would result in no future rent being paid during the term of the lease. the security deposit is waved. they would maintain and operating the pier and the lease includes the provisions, hazardous materials and required city provisions and it is recorded on our standard form lease. in the future, the port commission will approve this transition, property staff would work with the rec park department to assign to rec park so the club can have a single

trek landlord. this is sem lar to the south rowing club they approved last year and the goal is for all three parties to enter in a negotiation and execute a new rec and park club lease that would incorporate the port property. to a chef that goal the port would enter in a lease mou and they would support the port lands so the rec park would be the club's master landlord under that new lease. we would bring that forward for your approval as well many of we believe this meets the goals. the issuance of the building permit with the augmented pre visions above will have better protect the port from liability. when the final sediment is approved it would protect the board. engaging in the new lease arrangement with the materials of the propofol settlement for the south end rowing club as such the port recommending this resolution. >> thank you.

>> can i have a motion. >> i make a motion. >> second. >> is there any public comment on this item? >> never mind many of >> ok. public comment is closed. commissioner gilman. >> i'm generally supportive of the item and i think just the dove tail it's really great. it took us 27 years, since 1993 but it's good we're getting our house in order and realizing what property that we have responsibility and jurisdiction over and to being owe what commissioner adams said every entity needs to pay rent and they can receive credit and they ned to pay rent. i know my fellow commissioner echo and i'm supportive and glad we resolved this maybe the public moving forward will understand that. everyone needs to contribute to the port. we have a responsibility.

>> thank you. >> commissioner. >> no questions. i'll be supporting the item. >> supportive. >> dimitri. all in favor. aye. resolution 2015 has been approved. item 12 new business. >> is there any public comment on new business? is there any new business? seeing none. >> motion to adjourn. >> second. >> all in favor. aye. >> the meeting is adjourned.

san francisco is surrounded on three sides by water, the fire boat station is intergal to maritime rescue and preparedness, not only for san francisco, but for all of the bay area. [sirens] >> fire station 35 was built in 1915.

so it is over 100 years old. and helped it, we're going to build fire boat station 35. >> so the finished capital planning committee, i think about three years ago, issued a guidance that all city facilities must exist on sea level rise. >> the station 35, construction cost is approximately $30 million. and the schedule was complicated because of what you call a float. it is being fabricated in china, and will be brought to treasure island, where the building site efficient will be constructed on top of it, and then brought to pier 22 and a half for installation. >> we're looking at late 2020 for final completion of the fire boat float. the historic firehouse will remain on the

embarcadero, and we will still respond out of the historic firehouse with our fire engine, and respond to medical calls and other incidences in the district. >> this totally has to incorporate between three to six feet of sea level rise over the next 100 years. that's what the city's guidance is requiring. it is built on the float, that can move up and down as the water level rises, and sits on four fixed guide piles. so if the seas go up, it can move up and down with that. >> it does have a full range of travel, from low tide to high tide of about 16 feet. so that allows for current tidal movements and sea lisle rises in the coming decades. >> the fire boat station float will also incorporate a ramp for

ambulance deployment and access. >> the access ramp is rigidly connected to the land side, with more of a pivot or hinge connection, and then it is sliding over the top of the float. in that way the ramp can flex up and down like a hinge, and also allow for a slight few inches of lateral motion of the float. both the access ramps, which there is two, and the utility's only flexible connection connecting from the float to the back of the building. so electrical power, water, sewage, it all has flexible connection to the boat. >> high boat station number 35 will provide mooring for three fire boats and one rescue boat. >> currently we're staffed with seven members per day, but the fire department would like to establish a new dedicated marine unit that would be able to respond to multiple incidences.

looking into the future, we have not only at&t park, where we have a lot of kayakers, but we have a lot of developments in the southeast side, including the stadium, and we want to have the ability to respond to any marine or maritime incident along these new developments. >> there are very few designs for people sleeping on the water. we're looking at cruiseships, which are larger structures, several times the size of harbor station 35, but they're the only good reference point. we look to the cruiseship industry who has kind of an index for how much acceleration they were accommodate. >> it is very unique. i don't know that any other fire station built on the water is in the united states. >> the fire boat is a regionalesset tharegional assete

used for water rescue, but we also do environmental cleanup. we have special rigging that we carry that will contain oil spills until an environmental unit can come out. this is a job for us, but it is also a way of life and a lifestyle. we're proud to serve our community. and we're willing to help people in any way we can. >> right before the game starts, if i'm still on the field, i look around, and i just take a deep breath because it is so exciting and magical,

not knowing what the season holds holds is very, very exciting. it was fast-paced, stressful, but the good kind of stressful, high energy. there was a crowd to entertain, it was overwhelming in a good way, and i really, really enjoyed it. i continued working for the grizzlies for the 2012-2013 season, and out of happenstance, the same job opened up for the san francisco giants. i applied, not knowing if i would get it, but i would kick myself if i didn't apply. i was so nervous, i never lived anywhere outside of fridays

know, andfridays -- fresno, and i got an interview. and then, i got a second interview, and i got more nervous because know the thought of leaving fresno and my family and friends was scary, but this opportunity was on the other side. but i had to try, and lo and behold, i got the job, and my first day was january 14, 2014. every game day was a puzzle, and i have to figure out how to put the pieces together. i have two features that are 30 seconds long or a minute and a 30 feature. it's fun to put that altogetl r together and then lay that out in a way that is entertaining for the fans. a lucky seat there and there, and then, some lucky games that include players. and then i'll talk to lucille, can you take the shirt gun to the bleachers.

i just organize it from top to bottom, and it's just fun for me. something, we don't know how it's going to go, and it can be a huge hit, but you've got to try it. or if it fails, you just won't do it again. or you tweak it. when that all pans out, you go oh, we did that. we did that as a team. i have a great team. we all gel well together. it keeps the show going. the fans are here to see the teams, but also to be entertained, and that's our job. i have wonderful female role models that i look up to here at the giants, and they've been great mentors for me, so i aspire to be like them one day. renelle is the best. she's all about women in the workforce, she's always in our

corner. [applause] >> i enjoy how progressive the giants are. we have had the longer running until they secure day. we've been doing lgbt night longer than most teams. i enjoy that i work for an organization who supports that and is all inclusive. that means a lot to me, and i wouldn't have it any other way. i wasn't sure i was going to get this job, but i went for it, and i got it, and my first season, we won a world series even if we hadn't have won or gone all the way, i still would have learned. i've grown more in the past four years professionally than i think i've grown in my entire adult life, so it's been eye opening and a wonderful

learningtoday.

>> (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 --

speaking are requested but not required to state their names. completion of a speaker card will help ensure proper spelling of the speakers' names in the written record of the -- of the meet. place speaker cards to the right of the lectern. there is a speaker st.^pete at the front table. s.f. gov tv, please show the office of small business slide. >> it is our custom to begin and end each small business commission meeting with a reminder that the office of small business is the only place to start your small business in san francisco and the best place to get answer about doing business in san francisco. it should be your first stop when you have a question about what to do next. you can find us online or in person at city hall. all our services are free of charge. the small business commission is the official public forum to

voice your opinions and concerns about policies that affect the economic vitality of small businesses in san francisco. if you need assistance with small business matters, start here at the office of small business. thank you. please call item 1. >> item 1, call to order and roll call. [roll call vote] commission dooly is absent. commission huie is running late. [roll call] you have a quorum. >> thank you. next item, please. >> item 2, general public comment. allows member of the public to comment on matters that are within the small business commission's jurisdiction but not on today's calendar and to suggest new agenda items for the commission's future consideration. discussion item. i presentedd to on your binders a public comment that was received before the start of the meeting. that would be applicable under general public comment. >> great. do we have to do anything to

recognize that comment? >> nope >> okay. so are there any members of the public who wish to speak on any matter that is not on today's agenda? seeing none, comments closed. okay. please call item 3, 4 and 5 together. >> okay. item 3 board of supervisors file no. 200086, planning code zoning map, bayview industrial triangle cannabis restricted use district. ordinance in amending the planning code by amending the zoning map to change the use classification of certain parcels in the bayview industrial redevelopment project area from m1 light industrial and nc-3 moderate scale neighborhood commercial to pdr-1-g and to change the height and bulk classification of certain parcels in the project area from 40-x to 65-x, affirming the planning department's determination under

the california environmental quality act and making findings of consistency with the general plan, discussion and action item. item 4, board of supervisors file no. 200-0087, planning code, zoning map, bayview industrial triangle cannabis use restricted use district to create bayview industrial triangle reschool districted use district, discussion and action item. item 5, board of supervisors file no. 200144 police code ceasing acceptance of new applications cannabis retail permits. ordinance amending the code to provide that cannabis retail permit applications will not be accepted as of the effective date of this ordinance, and affirming the planning department's determination under the california environmental quality act. discussion and action item. >> i move these items be continued to the march 23 meeting at the request of the supervisor's office. >> i move.

>> motion by commissioner adams to continue items 3, 4, and 5 to the march 24 meeting. seconded by commission zouzounis. roll call vote. [roll call vote] motion passes 5-0 with two absent and. item 6, presentation, san francisco metropolitan transit agency fiscal year 2021 and 2022 budget discussion item. the presenter is director jeffrey tumlin of the s fm ta. >> welcome, director. >> thank you. good evening, my name is jeffrey tumlin, i'm the director of transportation for the s fm ta and we are here to present findings on our budget that will

go into effect of july 1 this year. i have been at s.f.m.t.a. for just over two months and i'm wading deep into the data. a lot of the data are not very impressive. if you look at the high-level indicators of success, everything is going rather poorly. congestion is increasing significantly. greenhouse gas emissions from the transportation sector now account for about 50% of san francisco's total greenhouse gas emissions. fatalities and injuries going up again rather significantly, whereas mode for walking and biking and transit is declining. for many of the things we care most about, things are getting worse, and we understand the causes. one of the core causes for many of our transportation problems is our regional housing policies. san francisco and san mateo counties have addedded about 2,000 jobs every month since

2011 while add only 400 housing units. while we in the transportation world have to clean up the mess of failed housing policies where we force people to commute longer distances as opposed to allowing them to live near their work. at the same time we are also creating problems for the medical profession as a result of these transportation failures, adding to injuries and fatalities. we know that as people have shifted towards driving, not only have driving speeds declined, but the ability of our transportation system to move people is also in decline at the same time we are being asked to deliver more people, that all of this economic activity requires greater efficiency out of our transportation system and our system efficiency is declining. that said, when you look beyond the macrolevel data and look at the work that the s.f.m.t.a. is

actually doing, all of our projects, the things that we are actually investing in are having extraordinarily positive results. our muni investments in the muni forward program where we are making 100 small improvements to improve bus speed and reliability are significantly increasing travel time, reliability and more importantly ridership. ridership is up as much as 60% on lines like the five and five rapid. similarly where we are envicinitying in protected bikeways or other safety improvements, we are seeing huge improvements in bike ridership and very positive results in terms of safety. one of the things we discovered last week is one of the changes we made to the quick build component of market street is market street has the highest peak period bike and scooter ridership of any corridor in north america.

we understand that when we apply these solutions, when we focus on the movement of people rather than the movement of vehicles, and when we prioritize the most space-efficient modes of transportation, that our streets can move more people, that we can accommodate economic expansion while also improving quality of life. similarly when we prioritize those investments for the people who need them the most, the people with the fewest choices, we can reduce household expenditure and transportation, and we can expand job accessibility, training accessibility and other opportunities for the people with the fewest choices. we understand where the solutions lie. we have demonstrated success in implementing the solutions and unfortunately the thing we need most in order to continue this path is additional resources. and that's really a big part of our challenge. we also have challenges around people trying to understand really the nature of the problem.

here in san francisco, there's generally broad agreement on progressive goals. when it comes down to doing actual implementation, every bus stop is sacred, every parking space is sacred. as san franciscans, we love our community, and we are deeply resistant to any sign of change on our block. and so change is hard in a city like san francisco. we also have the same problems that many of your members are experiencing as small business owners, the challenges of trying to attract and retain staff as housing becomes far more expensive than it's ever been. we as an agency have about 1,000 vacancies in the s fm ta which negatively impacts our ability to deliver basic services to the public. we also operate in a very complicated world where people, because they use the transportation system every day, think they understand how it

works. people believe that adding another lane to a highway actually helps with congestion whereas the data is clear that adding highway lanes worsens congestion. similarly, people have a hard time understanding the complexity of the transit system and think what seem to be obvious solutions, in fact don't really work in practice. we also have a lot of common customer frustrations. everyone who experiences the transportation system every day has concerns about personal safety and security. our buses, are very, very crowded. and while we are getting significant improvement in the reliability and quality of service in our bus system, for those of you who take the subway every day, we've got some significant reliability problems as a result of deferred maintenance and aging infrastructure. all of which we're trying to solve for. and for many people, while they want to be able to walk or bike or take transit, the fact is we've designed the city, and

people have designed their lives such that the only reasonable choice is driving. for those people, the best way to make it possible for them to continue to drive when they need to drive is to make it more practical and more delightful for people like me to do something other than drive. so we know what we need to fix. we have a reasonably good financial basis where we're starting off from. but we also have a $66 million structural deficit, because that's how municipal governments are structured in california. our costs rise with the cost of delivering service. our expenses are driven entirely by staff, and it's critical for us to provide a basic living wage for staff. we don't pay our staff lavishly. but we pay them enough in order to be able to attract people to the job and keep them committed.

but the fact is the cost of living in the bay area is rising far faster than our wages are. in the meantime, our revenues are rising with inflation. so here we are, perhaps at the end of a peak boom cycle. and the gap between revenues and expenditures widens, leaving us with a structural deficit. i'm going to turn the presentation over to our chief financial officer,ley yo levee -- le o levinson who will talk about supporting the small business economy that is so essential for us to be able to get the revenue we need in order to run the system and make sure that the people of san francisco don't have to get in their cars and drive so far because the needs of daily life are available within their neighborhood. leo, please. >> thank you, director. it's really been a delight since

jeffrey came that we have a director who is not only understands the transportation system but also the financial challenges of operating within the constraints that we have. and so we have a big challenge here like every city department in these circumstances as jeffrey said. when we are putting together our next two-year budget, we are trying to look both at financial sustainability for the long-term and resilience in the face of potential downturns and hits in the economy and looking at what service is being demanded from us and are there ways that we can close that gap and go to the public and make a case that it's worth it to fund this transportation system to provide the kind of service that they should expect. as director mentioned, we have a structural deficit, we estimated at $56 million as we were starting to put our budget together this year. that's the difference between the ongoing revenues that we

have and the cost of providing the service we are providing now and looking forward, that was growing over $100 million as we looked forward. these are figures that we provided at our budget workshop with our own board, the mta board, in february. we've been working on these numbers since then. and we are going to be actually required to close that budget gap on march 17. we are going to our board with a balanced budget proposal, not only to see how we deal with that gap but also the demands for improved service that we've been given. director mentioned the revenues. this is a quick snapshot that the top line here, we are very fortunate as a transit agency, transportation agency, that we are both, we have combined running a transit system and the parking system for san francisco. we were formed by the merger of the department of parking and traffic and the old muni.

and we have a tremendous public support in san francisco that provides us with a portion of the general fund in order to make a really high-quality transportation system work. and the general fund has been our savior during these past years of the boom while our other revenues have been flat or declining. that's the main story of this particular slide is the top revenue is the combination of our parking and traffic fees, our parking meters, parking citations, the garage tax, parking tax, all of those have been flat to declining in recent years. this is something you'll see nationwide with parking is a trend that you can see. the second line, the blue line that's going up, that's our general fund transfer. and that's where we've been getting a share of the amazing economy that san francisco has enjoyed. this projection was made from the controller's office prior to this coronavirus. and what we are seeing. so of course we are going to be working very closely with the we city in updating these

projections as we look at the economic impact. the next line down, the darker blue line, that's our passenger fares. and the decline there is a couple of different things. one is somewhat of an overall system decline in ridership or paid ridership. but we also during this time period, we did introduce a number of equity products to lower the cost of transit for our most vulnerable populations so during this time period we instituted a lifeline fare at half the monthly fare for low-income individuals and free for low-income youth during this time. so that is part of the revenue decline. and so more recently, it's been sort of flat, not as severe a decline, but that's something that we are actually doing a little better than transit agencies around the country, which have seen a more severe decline as the other options have come up with the transportation network companies. and then the final one is the

state operating grants where just recently, again, this helped us, there was a bump up in the last year's, so the passage of the statewide sb-1 that supported transit, but we don't expect the state funding to be continuing to go up in that regard. we also have tremendous capital needs in the agency. we estimate we have about $14 billion wort of assets to look not just at our transit system, our subway stations, also the parking meters, the traffic signals and our own facilities. and the capital funds that we expect to receive are also declining. we received quite a lot of federal support for the central subway extension that we're very excited about, and we are going to be continuing to work on. and that, however in the next period we don't expect that kind of influx of federal funds. so we are aggressively looking for whatever funding sources we can get. we don't expect the same level

of funds coming in in the next period that we enjoyed during the last five-year period. we also do an analysis like the city does of potential for an economic recession and what the impact would be on the s.f.m.t.a.'s revenues in particular. we looked at the last major downturn in 2008. and that was a four-year period to recover. and based on that, the equivalent would be about $160 million worth of lost revenues to make up for plus extra expenditures to keep the pension system whole. so we are looking overall at $200 million scenario recession. so we are trying to keep that in mind of trying to find adequate reserves without a worse shock to the system. this is probably more detail than you want to see but this is what we presented our board in terms of the requests that were

coming in for improved service. so in addition to the $66 million shortfall that we had to start with in our bumming process, we had -- in our budgeting process, we had a working group, a wonderful working group with the board of supervisors and our own board to brought in experts from around the country in transit to talk about what was needed to improve our service to the level that the public would expect. they have a lot of good recommendations, and basically we needed to fill the staffing holes that were described, improve some of our, we are working on improving our train control systems in order to make the subway more efficient and then basically we need more operators and more service to meet the growing needs of san francisco. the estimate just for the next two years was about another $70 million, another $90 million after that.

so we were scouring for what were our options in the budget in terms of increased revenue. and this one i want to mention, when we're looking, from our agency we really are mission-driven lens that we look. and so we aren't looking jus for how to raise revenues but how to improve the transportation system in a way that may also increase revenues. and so one of the items that's been sensitive in the past was the issue of increased hours on our parking meters. with the idea that it's targeted at areas where businesses actually were asking for more turnover, where the parking is congested because the hours of the businesses continue into the evening, and when our meters end at 6:00 p.m., customers can't come. similarly in neighborhoods on sundays where there's congestion for parking. and so we put forward a proposal for a range of options looking at targeted corridors, and that's something that our board

is considering now in our budget. we can only expect the revenue to be at the high end. this was a range that was done by our team from three to 28. but our commitment is to do it in a way with a lot of businesses as well as the faith community and to phase it in in a targeted and smart way so we expect the revenue to be lower than the higher end for that. we also looked at fares. there was -- we have an indexing policy to try to keep fares in line with the rising cost of living. so there's a default that fares would rise with a combination of the cost of liveing and our labor cost increases. our board also has the ability to revisit that and adjust it every time we go forward with a new budget. so just based on that indexing policy our topline cash fare which is currently at $3 would rise to 3.25. there's a current leafiest cent discount if you pay by muni

mobile on your single ride fare. and then we have passes, full fare passes around $81. it would rise to $85 under the indexing. so there were various options we wanted to put forward before our board. there's been a lot of public demand or really activism around the area of reducing fares and telling us about the impact that muni fares have on many of our customers. and so we did provide options of just pausing the cash fare at $3, reducing, trying to raise more revenue perhaps to pay for other equity options by reducing the discount for using clipper or muni mobile. there's been a lot of talk about expanding free fare programs to all children rather than low-income. and there is something else. currently there's a low-income monthly pass. we've heard that many people

can't come up with the $40 that's half the price of the full pass. and so options for people to pay the single ride with a discount discounted fare. i'm not sure how much you want to go into this with this body but this is what we presented our board. we have been building up funds to be able -- this is our fund balance history. we have a policy of a 10% of our operating budget reserve for economic downturns. and that's the gray line. that would be $120 million rising to $130 million in the next budget. for a couple reasons we've been building up cash in our funds. it's partly because of the tremendous economic success story of the city of san francisco in terms of the general fund revenues and usually it's been budgeted conservatively in the beginning of the year, and the end of the year they deliver a further amount that's added to our fund balance because of the economic growth, and secondarily the vacancies we have.

and that's not something we're proud of, that because we haven't been filling our vacancies, that's where the savings comes from. we need to use this fund balance strategically. so we had a policy, a potential ways of using it that we talked to our board that would include setting aside significant amounts for the contingencies that we see in front of us both on our capital projects and operating projects and then we do have something maybe of interest we have to replace our parking meters throughout the city because they operate on 2g cellular technologies for taking credit cards, and many of you know probably, 2g, we have been warned that it may stop being support and we have been warned that by the end of 2022, so we have to replace our parking meters. we are looking at our policies as to how many would be single meters which have different advantages in different places. so that is something that we expect to do in the next very

short time period. so the basic method here, the bottom line is we can't fund everything that we ask for. we started out with $66 million and there was a further $70 million and $90 million in requests to provide the services we would like to provide. with all our tweaking of the budget, there's some small things with fares and parking, there's areas where we have flexible funds that can be moved that are more sustainable that we can use, that can help close our basic service gap, but they don't provide the funds to fund the recommendations that we had. and this is not really a surprise. there have been different task forces in san francisco looking at the future of transportation. and identifying the need for additional funds to make this really the transportation system that we want. and so there was a task force, that was a toxic force looking forward to 2045.

a tax force looking forward to 2045. those are potential funding mechanisms. we are going to be working very hard during the next period to see what may be feasible, what the appetite is, the demand from the public, what makes the most sense, if people are willing to say yes. we want to earn their trust to say we know how to spend it that will make the difference in the lives of businesses and residents and tourists. some of the options, i actually already did have the proposition d, which will provide a modest amount of funding from the transportation network companies, uber and lyft. we estimate that will see maybe coming in lower than the estimate from the time it was passed but we were hoping around $15 million toward our operating budget and a further amount for safety projects. there was an attempt to pass a sales tax that got more than two-thirds of the vote but it had two pieces to it, and it was

confusing, and the second piece didn't. so that would have provided $100 million and it didn't pass. we'll be continuing to look at sales tax measures and that's been happening regionally. there's a number of sales tax measures being proposed. and there have been other proposals that we'll be looking at, of course congestion pricing is something that has been talked about as being studied and, again, has a transportation system benefit as well as a revenue benefit if we want to find any way to reduce congestion in the city. a community benefit district is something else, understudy which would provide for the maintenance of our tracks and overheadlines and traffic signals to keep them in good repair. and then we are scheduled to come before the voters with another general obligation bond which is very necessary for our facility upgrades so we have a very necessary and exciting facility program. but we are one of the oldest

transit programs in the country. we have bus yards over 100 years old. they are not capable of housing the fleet that we need and the type of electric buses and infrastructure. so we are looking at very exciting possibilities of rebuilding the facilities and perhaps with development on them. so you may have heard about or potrero yard which is being looked at to have over 500 units of housing. we are planning for the presidio yard. there's interesting ideas of what could be done with that space that could accommodate the bus yard and other development. that will be exciting in the future. we are looking for big ideas that are aligned with transportation goals that can make our budget both sustainable and resilient. and so we have a lot of outreach. this is part of our outreach plan. and many, many different types. unfortunately our next open house that's scheduled there is

being converted to a virtual open house in line with other efforts in the city for safety. that we hope to -- we'll have the first chance for our board to adopt our budget on april 7. we will have a second chanson april 21. chance on april 21. and that's our presentation. >> do we have any commissioner questions? >> i just want to say that was a great presentation. and one of the things i realize is you have probably the most challenging transportation network in the country, because you got buses. you have the f line, you have cable cars, you have the subways. i mean there's all these different transportations that you don't see in a lot of other cities. i want to comment, you know, i was skeptical about the market street closure, and i do use the upline from the castro to

downtown. and i will tell you that train moves faster once you past van ness now. and it's only a 20-minute ride which used to be a 40-minute ride. so that was a good move so thank you. >> any other commissioner questions? >> commissioner. >> my question was so all those big ideas around fare changes, where are you with them in terms of what levels you want to pull? >> so we are looking at several different options around fare changes. as mr. levinson stated, fares are an important part of our revenue. and our fares are scheduled to go up each year in alignment with our expenses in order to avoid doing a major increase every couple of years. we are trying to do is to think

through how do we get to the bottom line of what we need in order to run the service while adjusting all of our different fare categories in order to maximize the equity of the outcomes. so we're looking at the data of exactly who uses which fare categories and trying to minimize increases for people with the least amount of means and to make adjustments where people can most afford it and direct that revenue towards our equity surface. so we are going to be presenting our board next week with a variety of different options in order to help them help us think through those trade-offs. we are also working with community-based organizations to get their input on what are the mechanisms that will have the least negative impact on the most vulnerable riders.

>> one more question. i'm hearing both that it's a, you know, you kind of reached capacity in a lot of ways. there's a lot of people in the city using transportation. and at the same time tncs have taken a lot of people who would have taken public transportation and congesting the streets. can you tell me about kind of, is it that there's too many people using the public -- the infrastructure we have or is it the infrastructure or kind of where's the play between tnc regulation and our public transportation system? >> so a bunch of questions embedded there. so in san francisco, we don't have the authority to regulate uber or lyft. we are currently engaged with the california public utilities commission which does have that authority to see are there some carve-outs that we can have in san francisco in order to be able to welcome private providers that provide a

tremendous amount of convenience for the people who can afford them but to allow that to the extent that it upholds the public good, that whereby we have the tools to manage the public right of way for the greatest public good. so that is some work that we're doing. at the same time, we're also working in order to minimize the congestion impact on the highest capacity most efficient modes of transportation, which are basically the highest ridership muni lines. so as you can see, we have done a tremendous amount of work recently on market street that's paying huge dividends in terms of improved speed and reliability. as we shorten the muni trip, we can also reinvest the travel time savings in improved frequency of service, which also results then in improved capacity of service. so we are doing the same thing on third and fourth streets. we are looking very carefully at additional improvements to the five, we are looking at changes to tar very well street, and we

are about to roll out significant improvement on van ness next year, and we are getting started on geary right now. we are looking at the books and budget, assumes we have the money to do so. and again, that is providing dedicated lane from high-frequency routes that experience significant congestion, looking very carefully at signal timing to that a bus or train doesn't have to stop with 150 people on board in order to let three people in the back of an uber turn left in front of it. it's also looking at optimizing the placement of our bus and train stops in order to maximize ridership while being sensitive to vulnerable populations for whom walking an extra block is more difficult. so it's partly big moves but where we get the real benefit is from the thousand small moves that we've demonstrated in the data on the entire muni forward program. >> thank you, director.

>> commission zouzounis >> thank you for your present. i learned a lot. i have a question about the vacancies. are those in the rank-and-file like the mechanics and drivers or are those largely management? >> it's throughout the agency. we've prioritized in terms of staffing up, we've prioritized first and foremost staffing up our human resources department. the human resources department that i inherited was suffering. so we have a new director who is fantastic and we're working to make sure that she is adequately staffed in order to be able to staff up the service-critical departments. i have withheld hiring in my own team in order to prioritize our mission-critical workforce, particularly bus and train operators, mechanics and machinists, the people who really deliver the service to the public. >> okay. i was just curious, because i

remember the line being long for some of the trade-related positions. i'm curious if that was because of this. >> we are also concerned about succession planning in the skilled trades. when i go onto our shop floors, home to some of the most skilled people i've ever worked with, i'm sometimes the youngest person in the room. and we want to make sure that we are passing on that knowledge of this unique system to the next generations of skilled mechanics and machinists, which i would point out for those of you who are interested in new career lines, is a career that will last. even as technology changes, the need for skilled mechanics and machinists only increases, and there's skarsty in the marketplace increase -- scarcity in the marketplace increasing as well. >> all the auto body shops, those are all going out of

business soon because of properties being sold. and so i'm thinking all the time there's so much skilled labor here, and i hope that it's going to be transitioned somewhere else in the city. >> send them to the s.f.m.t.a. we provide very good benefits. >> commissioner ortiz >> thank you for your presentation. i don't know you yet. but seems like you know what it is on the ground level as a commuter. i get the good vibes. so i look forward to working more with you in the future. i do have two questions. i know you are doing something with the pdc, the burden that tncs have on our infrastructure. behind those specific carve-outs, how do you see to mitigate the tremendous burden they have on our infrastructure? don't have to get into detail.

>> ultimately what we really want is the tools to be able to manage the public right of way for the public good. so right now i charge $2.50 for somebody to get a one and a half square feet of space on a 38 geary bus. but if you're driving alone in a car, riding the back of an uber, well now i get a tiny percentage of your uber fare, but the basically if you take up 350 square feet of space, the public gets nothing from that. those financial incentives are reversed. the scarce resource that i have is a limited amount of street space. and we are no longer demolishing neighborhoods to widen roads. i need to manage my limited street width in order to serve the most people and the highest public good. i'm in a rational system, we would think about managing the street system like you manage

your businesses where you pay rent and you charge more for the more expensive goods and less for the cheaper goods. frankly, i think i should be charging $10 for somebody riding the back of an uber, and you should be paid $2.50 to take a 38 geary. we don't currently have the regulatory authority to manage our streets for the public good. >> and then my second question, regarding small businesses from an equity lens component like 24th street, visitacion valley, how do we fit in in that plan in your budget and the vision going forward and your mission >> so frankly, i think one of the most important transportation performance metrics should be retail sales per square foot particularly in our neighborhood commercial districts. and there's a couple reasons for that. one is in our neighborhood commercial districts, most of them are overwhelmingly in local

ownership. so even if that individual business isn't making as much money as a chain store some place else, all those profits are reinvested back into the community many times. and most of you are the most phenomenal entrepreneurial skilled training programs that exist. no one teaches people really how to run a business more than small business owners do, and particularly family-run small businesses. it's also important to me that from a transportation system perspective, that's the needs of daily life be available in every neighborhood within walking distance of all san franciscans. because otherwise it's a burden to the transportation system if i'm asking people to either get in their car to drive somewhere or order it online from amazon. both of those create big problems for the transportation system. so it is very much in my interest as the transportation director to support small

business success, particularly in our neighborhood commercial corridors. i mean, all neighborhood commercial corridors in san francisco are there because of the tight relationship between small businesses and transit. all of our commercial districts are on former streetcarlines. every single one of them. we grew together. and if we want the city to be economically sustainable and socially equitable at the same time, we need to continue that relationship and strengthen it. >> thank you. >> director, thank you very much for coming. it's enlightening and heartening, frankly, to have your perspective running m.t.a. we are very grateful to have you. i wanted to, you know, i was looking at your capital funds expenditure. i know we've been moving more towards protected bike lanes.

that's definitely a direction we want to move towards. how do you -- do you see that as competitive from a revenue standpoint, because it's a cost expenditure to generate these or do you see it as helpful because it removes cars and -- i guess where does that fall on the spectrum for you? and i'll give you a hint of where i'm headed with this is we hear a lot from small business owners and there's a lot of consternation and parking and bikes as you are all too familiar. >> yep. >> and i think one of the things that i'm particularly interested in is helping people sort of find their ku m b y ya with this

in understanding how these pieces go together and i think you can speak to that really well. >> we are interested in increasing the use of bikes and scooters and other forms of micromobility for people of all ages and abilities, in part because that mode of transportation offers a unique combination of user convenience and system efficiency for certain types of trips. so about more than half of our trips are basically three miles or less. particularly for us san franciscans. we make a lot of really short trips. and san franciscans who drive make a lot of really, really, really short driving trips. so in reasonable doubter to allow our streets -- in order to allow our streets to move more people and expand the economy,

particularly the local economy, if done right, increasing use of biking and scooterring can be super useful. that said, we recognize there's a tension between how we use space, so there's a tension between allocating dedicated space for people on bikes and scooters and dedicated protected space, which is necessary to actually attract people to those modes in any significant number, versus providing that space either for traffic lanes or for parking. and parking is particularly important for small businesses. we know that most small businesses in san francisco operate at a less than 10% margin. that is if -- >> [off mic] >> if our transportation -- >> [off mic] >> all right. i think the test was successful. [laughter] if our transportation system changes, cut your business by

10% or more, not only does that mean you are going to be out of business but you are going to have lost your family's investment of capital for a long period of time. i mean, you really don't want to do that. so what we're interested in is how can we deliver more people to your business. cars don't shop. people shop. so how do we use that space to deliver more customers to your business. that means collecting data in a different way than perhaps we have in the past. it means looking very carefully at the sales tax return data. and we think likely. >> [off mic] >> that's the building's fire management system testing to make sure everything works. >> i'm glad it's working. i feel safer. so it means not only collecting the sales tax data to make sure things are tracking but also likely purchasing credit card data so we can know in a quicker

time horizon, whether our projects are having a positive -- net positive or net negative effect on small businesses and building trust in the community. for the most part what we'll be seeing is in most cases, the work that we're doing creates some benefits but in some cases it hasn't. that's another reason why a lot of the work that we're moving forward with is through what we call quick build, where we are not investing in concrete, we are investing in paint and little plastic posts and other stuff that can be quickly undone if the unique considerations of that commercial district or that particular project is not turning out as well as we'd expected, we can easily reverse those or make adjustments as we go along. >> do you have a sense -- so first of all, that's actually kind of exactly where i was headed, which is there's data that shows whether this is helping or not helping and how quickly can we get to that data so local business owners can be

assured that even if we put the wrong foot forward, we can quickly take it back and correct and do what's right for the community. so exploring that just a bit more is the -- do we have a sense overall how protected bike lanes are affecting local businesses? if you had to sort of generally say it's a net positive for local businesses or net negative, would you have a conclusion there? >> so i think it varies. so the protected bikeways tend to be a net positive to the extent that they're tied to the rest of the network and creating a significant increase in bike ridership. what we find with people on bikes and scooters is it's super easy for them to see into a storefront and make spontaneous trips because they don't have to worry about parking assuming

they tether their bike or scooter so something stationary. so that type of user tends to shop a lot more frequently and a lot more locally. where we are doing investments that aren't connected to the network, we see the response is less. which is why most of our investments in the protected bikeway network have been incremental and kind of starting around market street in the downtown and slowly spreading out. some of the investments that we're making now are trying to piece separate pieces of the network together in order to actually create that network effect that tends to result in a big unleashing of new people out on bikes and scooters. >> that makes perfect sense. quick little observation. the meter upgrade, the 2g in hindsight maybe wasn't future-proofed enough. are you -- as you explore the

next phase of whatever you choose, let's assume it's 5g and now five years from now we are looking at 10g and like wow, we are going to discontinue 5g, have you thought about how you might get more life span out of it the next time around? >> yes. the next thing we want to do is move increasingly to mobile payment. we really like mobile payment in part because it's easy but also because on mobile payment, it allows motorists to extend time on their meter to they don't have to guess how long they're going to stay and to be criminalized if they have a better experience at your store or restaurant than they were intending. we want people to stay longer and spend more money, and if you pay by mobile, the app will actually because you and ask you if you want more time. >> so an idea i had, and somebody's probably mentioned this or thought of this before, but what's the harm in throwing

it out? i'm imagining a business might want to pick up the tab. >> sure. >> for a customer or sort of pay, we got our meter while you are having your meal. are you guys think about that at all in terms of -- >> does park mobile allow for that? >> i don't know >> in other cities, that is part of the program with mobile parking payment apps. we can look into what it would take to have our provider offer that service of picking up the tab basically, validating parking automatically. yeah. >> and then a quick budget question. so you have i think it was like 170 in the reserve fund? is that right? i don't have it in front of me. >> we are looking to build a $225 million to $135 million.

>> how does that plug into the deficit? do you ever use that fund to address the deficit or just the reserve comes in over the top and addresses the deficit and you hang on to the reserve? >> yes, the total we have currently is about $175 million more than the reserve. the reserve we want to keep for a definite to fund approximately we hope it might be half of a recession scenario, and we'd still have to solve the other half. for the remainder of the fund balance, really with director's strong leadership in this area, to the degree if we use -- we probably will need to use some of that fund balance. and we historically have used some fund balance to budget our funds at the beginning of the year. it usually comes back to us by the end which we can't expect this time. but to the degree we use fund balance for our operating costs, we are being very transparent

that it could be a bridge, if we don't get another funding source to carry on after that period, it will require a significant cutbacks after that point. so we want to strategically use it as a bridge to a more sustainable budget in the future. and we will still tie our fund balance to part of our budget that could be flexed up or down if it were necessary, so we don't want to exceed the amount. so in other words not to use it for our labor operating costs and use it more towards necessary that if necessary we can slow down or postpone in the future. >> we are obviously sailing into the quite the black swan event here. how far are we into sort of evaluating what all this looks like? i know it's -- nobody has any real idea, but nonetheless, we have to plan for all the scenarios. >> yeah, we are really just ramping up now and want to sort of up our level of sort of

realtime monitoring as to what's going on in our system. so we are going to be monitoring our ridership and revenues on as realtime a basis as possible, looking at the trends, both recent trends and comparing it seasonally to the past year in order to be able to really report out on the significance of the impact. and then looking forward. and we'll be very tightly monitoring our budget as we go through our budget period, and we'll make course adjustments as we have to. >> i'm sure you'll -- whatever temporary measures have to be taken to make it more appealing to riders, users. it's looking like spacing is going to be an issue. and i read in the paper there was a significant drop in the bart usage. i think it was like 170,000 or something like that. so it was -- we are behind you, and whatever we can do to help, let us know. thank you very much for taking

the time to present. >> thank you. >> public comment >> sorry. do we have any public comment? one day we will. [laughter] >> [off mic] >> seeing no public comment, public comment closed. item 6 does not require an action. thank you, s.f.m.t.a. for presenting. we appreciated you guys coming very much. >> thank you >> next item, please. >> commissioners, before you is item 7, adams confirm they did watch the february meeting? >> yes >> thank you very much. item 7, presentation, summary discussion regarding the february 26, 2020 meeting on third party delivery platforms and virtual and ghost kitchens. discussion item. the presenter is dominy can -- a

donovan, senior policy analyst, office of small business and someone here also to provide you with some support. >> thank you. >> sf gov tv, i will have a powerpoint ready for you in less than a minute. >> how high do we think he's going to count to before he's done? [laughter] i think we are at 12 now. 13. >> one, two. [laughter] [fire system testing]

>> thank you. okay. great. thank you for having me. donovan with the office of small business. this powerpoint is arguably less pretty than the s.f.m.t.a., but bear with me. so today's presentation for you is a summary of our own discussion from february 26 where you all discussed virtual kitchen and third party delivery platforms. what i tried to do was draw conclusions based on that discussion and summarize that in a memo that you have in your binders, and that's also posted

publicly. the idea is that you can affirm that these conclusions are indeed yours and you would like them to be presented at the march 12 meeting that supervisor safai called on the same matter. effectively, there were two conclusions drawn at that meet. one being that virtual and ghost kitchens and brick and mortar kitchens should be regulated equitybly in order to preserve the vitality of our neighborhood commercial corridors. and second, that protections for brick and mortar businesses and how new technology such as delivery apps interact with them, should also be exploreed. your discussion was framed under five main issue areas which included health health and safed use, fair competition, economic analysis as well as

infrastructure. the additional comment that you had were that virtual ghost kitchens as well as third party delivery apps provide brick and mortar businesses with a unique opportunity to grow their brands and to operate in a more economical manner and that you also recognize that the third party delivery platforms can play an essential function in connecting restaurants to their customers. [please stand by]

. >> -- and that they should be commensurate with brick and mortar restaurants. there is not clear guidance at the moment for how consumers can be made of those same time health rating of from virtual kitchens from which they are ordering. customers ordering from

third-platforms do not have a good understanding of where their food is coming from or whether it's been reheated. additionally, when a product is collected by a delivery courier, there's no requirements that the food be maintained in a safe and healthy manner before it reaches the customer? any questions on this topic? great. in terms of land use policy, we drove to two conclusions, one being we thought that formula retail controls and how they interact with catering uses should be explored by the city, particularly where virtual kitchens appear to be able to open under being principally