>> and the port commission on tuesday, october 13, 2020. commission president brandon called the meeting to order at 2:08 p.m. item one is roll call. president kimberly brandon. [roll call]

item number 2 is approval of the minutes for the september 22nd port commission meeting. >> so moved. >> clerk: it looks like we may have lost the commissioner. let's see if she can rejoin us.

[no audio] commissioner, are you able to call in with audio?

commissioners, are you able to dial in using the phone number on the teams link? we have your video, just not your audio. >> hi, i can barely hear you commissioner brandon.

>> oh, i'm sorry. can we use (indiscernible) signal? >> yes, if it's visible. so people would need to -- (indiscernible) yes. >> okay. >> so i'll -- so, commissioner wuho is here. >> i got back into the own meeting, doreen. >> right, right. okay. >> trying to give you hand signals. >> great. okay. now we have a quorum. can i have a second to approve the minutes? >> second. >> all in favor? oh, no -- roll call vote, please. >> clerk: sure. [roll call] thank you.

item number 3 is public comment on executive session. >> we will open up the phone lines to public comment. the members of the public joining us on the phone, jennifer will be our operator, and we will provide -- we'll provide instructions now for anyone on the phone who would like to provide public comment. >> thank you, president brandon. at this time we'll open up the queue for anyone on the phone who would like to make public comments on executive session. please dial star, 3, if you wish to make public comment. the system will let you know when your line is open. others will wait on mute until their line is open. comments will be limited to three minutes per person. the queue is now open. please dial star, 3, if you wish to make public comment. >> thank you, jennifer. do we have anyone on the phone? >> president brandon, at this

time there are no callers on the phone wishing to make public comment on this item. >> thank you. seeing no callers on the phone, public comment is closed. next item. >> clerk: number 4, executive session. >> can i have a motion for executive session. >> so moved. >> a second? >> second. >> can we have a roll call vote. >> clerk: [roll call] >> the motion passes unanimously. we are now in closed

>> we only have three commissioners today, so every commissioner counts. am i on the screen? >> we can't see you, commissioner, it looks like you are on hold is what it says on my end. >> i'm going -- so i have to go back to open session? >> correct, yes.

i can hear you guys. >> can you second the motion to reconvene in open session. >> second. >> roll call. [roll call] >> we are now in open session. commissioner, can i have a motion to not dispel what was in closed session. >> second. >> roll call vote, please. [ roll call vote ]

item number 6 is the pledge of allegiance. >> 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. >> clerk: item number 7 is announcements. a member of the public has three minutes on each agenda item unless the port commission adopts a shorter amount. the moderator willen instruct die-in participants to use a touch tone phone to register their desire for public comment and ought yo prompts will signal to dial in participants when their audio input has beenen and dial in when the item you wish to comment on is announcement and please note if you are watching that meeting on

sfgovptv there's a broadcasting delay. when the item is announce, dial (415)655-0001 and enter access code 146 009 8501 and mute your volume and listen through the telephone which is live. when public comment you want to comment on is announced, dial star 3 to raise your hand to comment and then listen for the audio prompt to signal your turn to comment. reminder for our meeting presenters and participants to mute your microphones and turn off your camera when you are not presenting. that brings us to item number 8 which is public comment on items not listed on the agenda. >> thank you, carl. we'll open the phone lines to take public comment on items not listed on the agenda for members the public for joining us on the

phone. jennica will be our operator and provide instructions for anyone on the phone who would like to provide public comment. >> thank you, president brandon. at this time, we will open the queue for anyone on the phone who would like to make public comment on items not listed on the agenda. dial star 3 if you wish to make public comment. the system will let you know when your line is open. others will wait on mule until l their line is open. the queue is now open. dial star 3 if you wish to make public comment. >> thank you, do we have anyone on the line? >> we have one caller on the line at the moment. >> thank you. opening the first line now.

>> caller: hi, my name is alex and i'm a neighbor of the port i live in the india basin neighborhood. for the past 20 years, and i'm sure certainly longer, the rendering plant at the pier has been obnoxious nuisance for the neighborhood, especially during the summertime. especially when the winds start growing off the bay. this past spring and summer the plant has been especially bad and having been stuck here at home, the problem is much more noticeable. i used to be -- i was on the southern waterfront advisory committee many years ago when the rendering plant was being expanded and we were promised state of the art odor control, per a community hotline, and a better management from the port and all of that has gone by the wayside. it's really vital that the port get a hold of its -- and if the

lessee can't correct their behavior they should shut it down. >> thank you, we appreciate your call. are there any other callers? >> at this time, there are no other callers on the phone wishing to make public comment on this item. >> thank you. seeing no more callers on the phone, public comment is now closed. next item, please. item number 9a is the executive director's report. >> good afternoon, president brandon, commissioners, members of the public. and port staff. i'm elaine the executive director and first and foremost port staff will look into the prior caller's comments about the rendering plant in the back lands. thank you for calling in on public comment. my report will begin with an he

equity update and the port's recovery in light of covid-19 and new guidance from health experts as well as key project updates, hide street and harbor and i will have clarity along with michael par tin to offer reflexes on waterfront development in light of last week's presentation on piers 30 and pier 32 and sea lot 330. the public is well-informed on waterfront development generally and specifically the process for pier 30, 32 and seawall lot 330. we are in the final two weeks of our listening tour for phase 1 of the racial equity action plan. i want to acknowledge staff who have engage and offered ideas on ways the port can be a more equitable workplace. more diverse and inclusive. as on starringization. our racial equity action plan is meant to be reflective of the port's collective voice and we're working to do that.

i'm happy to announce the port has replaced board legislative affairs manager as the port's rep ten to the lbe advisory subcommittee and they served on the lbe advisory subcommittee since 2016, he actually replaced me when i became port director and received an award for contribution from the sub commission on departure. whether the current lbc program and related contracting processes have had the effect of reducing and reversing discrimination against black indigenous people of color and women-owned businesses will be

informing our efforts and advance equity. these finding will be important to the city and the port as we advance equity results across our systems and programs. the ertf released a report and policy recommendations at its final meeting following months of stakeholder convenings. it was task force carmen chiu, jojose, president of the chamber of commerce rodney fong and the labor council rudy gonzalez. considerable collaboration and hard work went into this effort and i appreciated having a policy seat as department head on the effort along with other city department heads with missions that touched the economy. this process had thorough and i will press i have stakeholder and engagement and the port wishes to extend our appreciation to accesser 2 and all members of the ertf who took on this very important work.

they have 41 policy recommendations that focus on long-term recovery and providing businesses more opportunities and flexibilities to operate and succeed in the short and midterm mayor breed has announced the first steps to support san francisco's recovery including moving forward on a permanent shared streets spaces program and building on the success of the program that has been so helpful in the covid-19 pandemic and and waving certain taxes and fees for businesses that remain closed. this is the begin to go get the city moving towards economic recovery and meeting the policies and goals of the task force. the port stands ready to support mayor breed in this important rebuilding effort that she's

already gotten started and these first steps will have very positive impact on port tenants and equity. the port reopening. as we continue to settle into the new phase of living with covid-19, the port submitted updates peer health and safety plans to our city and our plans and strategies were 80% back to reassumed duties and our maintenance division and the 20% are committed to delays disaster service workforce our main tin group through the end of 2020. i want to congratulate our employees who take care ex taking care of one another with real commitment to the health orders and guidelines.

into hide street harder and to continue to remove that petroleum. they have federal port for this incident under national contingency plans to the epa from the coast guard to the epa and they are continuing to work together under an incident command structure and i want to command them for collaboration and activity on this effort and i'm going to cuts details of the operation for those in the public and our tenants and commissioners who are interested in those details and petroleum condition along work nine and at this time the area has expanded to 600 shoreline the current containment includes two

300-foot long rings and and contaminate under the bridge to prevent sheen from flowing into the outer lagoon. into the outer lagoon jay 10 area into the inner regime. the work is to rain inner and outer boom configuration. it's using pads and boom and recoverable petroleum is removed from the water once or twice a week wednesdays depending on accumulation rates and as needed each weekend. it's used to reduce africa in between weekday cleanings and today over 140 cal owns of oil and 300 personnel hours on hands

on and craft and office space professionals to this regulatory support and approve of our plans and to help us in our approach of site management and or over all response strategy and.

>> they are tzk and hats include and we have a fully executed lease disposition and development agreement and ldda for the projects. current staff is working to finalize the construction plans as well as with the puc and public works to finalize on site and off site utility plans and to allowable time extensions not for the control of tzk. they have evoked one of our agreement time extensions and called force because of the profound impact that covid-19 is having on the hospitality industry locally and across the country and it's extreme as we all know and hotel occupancy is currently at record lows and

construction financing may not be available in 18 to 24 months, however, there is a bright line here. despite the economic downturn tzk is remained committed to this project and will continue to monitor the market and keep this project moving forward. port staff will keep commission in informed and we're hopeful the project receives. and finally, i'd like toned my director's report by turning it over so my martin and the waterfront development and with staff and we felt we could have done did more in communicating with the process and first and foremost, development always on our waterfront and always draws a great deal of attention so the

process can be complex or confusing to some and we really do need to have a shared understanding of our approach to development projects and where we are in this moment in time with the development proposals. first, the port commission and the port is absolutely committed to open and transparent development and we cannot develop our property or meet port commission mission without such a process and now to piers 30, 32 and 330. we have several failed developments at this site so the port staff work with community partners to develop a set of community values to perform the request for proposals and the development of a open competitive process for the sites. we did this of course with the commission's review approval and direction. we articulated community values and we're put into that request for proposals and it yielded several responses proposals for the port commission

consideration. the process that we set up front put the evaluation and review of the project proposals, which includes the project approach, team strength and capacity and all into the hands of an impartial and experienced panel. the panel was advisory to the port commission. port staff served as referees of a fair and competitive process. upon the commissioner selection of a proposal for negotiations, port staff will begin then working with the winner of that process to refine, actually develop a project plan to perfect the selected project proposals. in these negotiations the project proposal will naturally evolve to incorporate solutions to concerns raised to the parties and the public. the project that is to be developed will change from the proposal that we all saw as part of the competition and again, these solutions will be crafted

and will be consistent with our fee objectives and community values that we screen for and had a competition for in that rfp. we had a similar approach to our solicitation for development partners at pier 70 and this was approach and solicitation and and we'll close thank you for allowing lengthy director's report. please take it away, mike. >> michael martin, real estate and development. can i have my first slide. i think director forbes very well summarized this first slide. the basically, the process that

we filed for request for proposals on those two recent transactions at piers 38 and 40 being one and 332 and 330 being the other followed the recommendations update and we brought these recommendations back for februar specific guidar the past year as we geared up and issued those rfps and our plan is to continue to do so including to continue to follow these steps including with the item on today's agenda regarding to building 49 down at crane cove park. i wanted to walk through these when we wept on the prior rfps and we're hopefully going to go. first, we'll come to you and we are coming to you today for a

hearing to initiate the rfp development process. that is a hearing that we had for each of those prior rfps prior to issuing those rfps as well and it's an opportunity to port staff to come thinking about why a project at this location of the coined that we're proposing t would be beneficial to the port and beneficial to the city at large. they give feedback and staff will go off and start with step two which is an engagement relevant to that site it's to develop some values and priors that with would bake into the rfp document that we establish this community dialogue that we're saying to proposers, here is what we've established what

we value from a project here and what you should prioritize in your project proposal. after that engage. , we come back to the port commission and provide more details on how an rfp would be structure including a scoring structure and a scoring panel process and the port commission would hopefully give feedback and direct staff to develop draft and release the rfp. so, after that process is over, staff develops and releases the rfp. that will go out into the world and we hopefully get a number of responses as we did for the most recent two rfps and port staff would convene the scoring panel called for through the dialogue with the port commission and described in great detail in the rfp document. and in this point in time where director forbes describes it, we're the referee. >> reshmi: we're not engaging and we're walking through the process to make sure that these proposals are presented back to you and the port commission and

along with the scores from the qualified members of the scoring committee that have been selected both from city staff and public stakeholders with expertise in relative areas to the rfp so after that scoring panel is complete we come back with our report on the scoring and you are able to ask questions including firms that show and they are requested to make a selection and move forward and to say we reject these selections and we're going to go forward in a different direction. that action has been taken for two projects very recently. one being pier 38 and 40 so that is a selection process we've been through and we wanted to highlight they get a good

project so first step is to adopt an annex conclusive negotiate agreement and it will set fourth a set of milestones and schedule for doing all the things that are needed to get to anna provable project. that's a movement in time that we're negotiating a document that will show a roadmap that looks like the slide with much more detail in terms of specifically how much time that project will take to do these steps and what these steps look like from a staff perspective. port staff with work to continue negotiations and refine the financial transaction of the project as well as the project description so hearing some of the comments we've heard from the community, are there ways we can evolve the project to start addressing those comments at this early stage? then there's a point in time

where we go back for tort of an i am process approval of first of all the port commission approving the non gaining term sheet to look at the negotiations and the transaction and the financials to make sure this is something we still want to our our way towards and then also going to the board of supervisors for their approval under the city's fiscal feasibility ordinance which requires them to look at a project and say it is feasible and worthy of the typ time and resources it would be to do time and review. when it gets done, we're into the meat of the transaction negotiations, which has, as you can see here, many different threads. the basic financial transaction negotiations of those documents. there's environmental review, either on the state level with ceqa or the federal level. there's regulatory review with our usual set of regulators at army score of engineers and the bay conservation and development commission, state lands commission and state historic preservation office and those

are all things that will have started the conversation at that initial phase of term sheet and project description but will now continue on with those partners to understand what is needed for this project to be approve able and throughout t. we'll have additional community engagement so that we can do more touch points and see there our proposed solutions and impacts and make sense and they all of which has a goal of bringing a set of approvals documents together and at the bo ready for approval at the port commission and the other relevant city agency that's would have approval and in the board of processes for this and refining

and the project you've seen from this point forward and part of this is also to orient ourselves on today's agenda which you can ask questions where that is going in terms of the rfp development process. so, that is my summary. hopefully building off of what the executive director describes. i'm happy to answer any questions if you have them here otherwise i'm happy to hand them back to you to continue the meeting. >> thank you, mike. i really appreciate the process. we'll open the phone lines and take public comment on the executive director's report for members of the public who are joining us on the phone. jennica will be our operator and will provide instructions now for anyone who would like to provide public comment. >> thank you, president brandon. at this time, we will open the queue for any anyone on the

phone who would like on the executive report. please style star 3 if you wish to make and others will wait on mute until their line is open. comments will be limit today three minutes a person. the queue is now open. please dial star 3 if you wish to make public comment. >> thank you. do we have anyone on the phone? >> yes, president brandon, we have two callers on the line at the moment. >> thank you. please open the line for the first caller. >> thank you. opening the first line now. >> caller: hello, this is jay wallace. hello commissioners. tck broadway llc. i want to thank port staff for

its excellent work, as always, on this project. ricky and rebeca notwithstanding the difficulty they were facing. they've done a great job and moved the project along. i want to reiterate what the executive director said. we are fully committed to the project. we are doing what we should be doing. financing possibilities are bleak at the moment as you know. that is not deterred us and we're continuing to move forward owe. we expect that the markets may come back towards the end of next year and we rebound in the market if that's comes forward over the next few years and few months and hopefully not few years.

we have one additional caller on the line. >> please, open the line. >> opening that line now. >> caller: commissioners, my name is francisco decosta. i was listening to you all very intently and when we have these virtual meetings it is pertinent the presentations shown on the green are clear to the presentation that is in blue, dark blue, couldn't be seen very clearly now it's important that

we, especially during this time of the pandemic, now i have to look at my tv screen to gather a very good idea of what is happening. so, one of the things i think that we can the public do not have a very clear idea is about the seawall. there was a lot of planning done and we can the public, need to get a very, very clear picture of the seawall. now, the public should also had.

>> there are no other callers on the line wishing to make public on the line. >> >> commissioner gilman.

>> >> thank you for the mark and process and i had one question and s there will be others in the future. if we want to tweak or change the processes or staff would the opportunity be more globally to communicate that to you and staff or would that be on a case-by-case basis. >> we talk about process case by case every time we put the rfps together we have long conversations some time about perfecting the process to get it just so because inclusion and equity fairness, transparency, fro dom from bias so important to the commission so we always talk deeply case by case. there's nothing preventing us from having a policy based conversation about what we

always do. if you wanted to schedule something like that we would be amenable to talk at a policy level or case by case basis as we do already. >> thank you so much and thank you for the report. that concludes my questions. >> it's good director's report and it's seawall lot 337 and essentially the process is you and mark martin does give the public a better selling there

are continued avenues and openness to continue discussion and for the city of san francisco in whatever we do end up how this rfp and ena eventually ends up. so i think we are do try to be transparent or why it was a key message today. about how we go about doing our business. so, i think that's another point that i just wanted to reiterate in terms of the takeaway that i took from the discussion and i think if there's any changes in the process i think that take

those and and the last time it was a little bit maybe if there was more the information was they want to take it in stride and work on it and there are opportunities to go forward on that. i want to thank you for the update on teatro zonni and i appreciate that jay was on the phone giving us an update and i do hope that financing will be more favorable. i was a little concerned it's a great project for the waterfront and city of san francisco and for the whole arena of having more cultural and arts entertainment in the city and for the artists that they also

have a place to perform and and i think it would be an important cultural addition. i just go back moved off of the property port and america's cup and he was very involved with that and a lot of times has passed and is we had an unexpected situation occur with the covid situation and it has put it back further. i hope that we don't see this derail for too long because i think it's an important

contribution to the ports, the waterfront and the city that this project gets done. thank you. that's all my comments. >> thank you. elaine, thank you so much. i really appreciate the update and the economic recovery and thank you for being a part of the task forced to bring us back after covid. we've been really busy. i want to follow-up on the request with the seawall and the sediment and we do need to see what is going on more often so i think that we should have informational items, at least quarterly because it's such a huge process and also if there's

someway we can get a property of the slides or e-mail him a copy of the slides that we show for the process so the rfp process which were great for providing clarity on where we are within that and you may have said this but you may have missed it but regarding how long is the extension and i understand we're in covid and financing is hard but what does that really mean? >> i'm going to ask mike martin to step in for me or someone from the development team because they'll have the details close at hand. >> it's rebeca and i can step in. so the lbda term is one year so we find it about a month ago and

they can pay for attention alex tensions. the letter they sent is stating this one year term should not start yet because of the event and a pandemic and forced and so we need the respond to that ledder and state more clear about what is the time period the pandemic may be effecting continuing and we're going to have the checking in on that and so it's a little bit of a dance and a discussion about how long the event will occur and the typical term is one year to get procedure financing order anproo turnover the property until they'll ready to get going in terms of the construction. we're happy to keep providing updates and we're monitoring

sort of the broker reports on homes and looking at how many landings are coming no sfo so we're monitoring this and happy to return as the how long this force event is likely to effect the market. >> so the one year will start when we come up with a date. >> it started in september. but they've asked for us to delay it because of the forced measure event of the pandemic. so now we need to respond back to them in order to state, ok, well we'll extend it for i don't know what that answer is yet, three to six months and we'll check in again and see whether or not there's still an absolute freeze on financing. >> ok. >> so i guess -- >> does that help? >> yes it does. my request would be that what we make that decision and when we understand what the schedule or

the amount moving forward that you give us an update. >> surely. >> great. thank you. >> next item, please. >> clerk: that would be item 9b, the commissioner's report. >> commissioner report. i'm looking to report this time. thank you. >> so we can go to the next item. >> that would be item number 10 the content calender and there's one item, 10a, a 60 day extension of one memorandum of understanding with the san francisco office of economic and workforce development for the

use of pier 29 as a central location to accept deliveries of personal protective equipment and subsequent distribution to san francisco non profits and two the deferral of rent for such use as it supports the covid-19 crisis. this is resolution 2046. >> thank you. can i have a motion. >> so moved. >> second. >> let's open it up for public comment. we will open the phone lines to take public comment on the consent calender from members of the public for joining us on the phone. jennica will be our operator and will provide instructions now for anyone on the phone who would like to provide public comment. >> thank you, president brandon. at this time, we will open the queue for anyone on the phone who would like to make public comment on the consent calender. please dial star 3 if you wish to make public comment. the system will let you know when your line is open.

others will wait on mute until their line is open. comments will be limited to three minutes per person. the queue is now open. please dial star 3 if you wish to make public comment. >> thank you. do we have anyone on the phone. >> there are no members of the public on the phone wishing to make public comment on this item. >> thank you. seeing no callers on the phone, public comment is closed. we have a motion and a second. do we have a roll call vote. [ roll call vote ] next item please. >> informational presentation on a competitive solicitation

strategy of two historic structures, the nice building and in the pier 70 area generally along illinois between 18th and 19th streets. >> good afternoon, commissioners, rebeca from real estate and development. i am here presenting on behalf of the team. jamie hurley is actually the project manager for this rfp and was unable to be here today. i also want to acknowledge erika peterson, david beaupray, mike mark tin, dianne and.

>> it's a discussion how to get investments into the two buildings that flank the beach at the park which is very fun to say. the mcneese building and building 49. i want to let you know about the plan tag is done around these buildings and then discuss an rf strategy and this is just informational and it feels apartment with the introduction and discussions that elaine and mike gave about rfps so i feel like i'm hitting the ground running with this presentation because you are all really thinking about this right now. next slide, please. the two buildings that we're discussing today from left to right, building 49 is on the left and it is a single-storey building. you will see when i show the square footages and it looks so large and it has fewer on the

right and it has both have been untentative and are in various conditions. it was important for me to show this aerial of the park to show how their inner face with the park is a huge asset to the building and how they can serve what we've already delivered with that major investment of that wonderful park. a little bit more detail. building 49 is 8,000 square feet and they will include a public rest room to replacement current temporary restrooms that are on site. the building contracts is that we're looking at now does not

include a seismic upgrade. they're high occupancy uses with retail or cafes where you have members of the public coming in and out and they would really not be possible for people to go inside the building with that low occupancy. other uses can go in though without that seismic upgrade. it's also listed on historic register until historic places so it's already a listed rye source. building 49 and they have not improvements for quite a long time and it's been unoccupied for many years. it's deteriorating. as part of the pier 70 trust realignment and swap that occurred with the brookfield project, it was removed from the public trust as part of that

trust exchange so the if it came into invest it would have to get it listed which we believe it could be listed which would then unlock tax credit for the building. next slide, please. just to talk a little bit about the big context of what sort of planning has gone on and what sorts of public expectations have started having for these buildings the major planning goes back to 2010 when we did the pier 740 master plan which eventually led to historic core, it resulted in those buildings being rehabilitated and rfp that resulted in brookfield taking over the waterfront site as our partner on that location and the

next slide, built on to that process in 2013. our planning and environment group developed a crane cove park plan. you can see here it's very similar to what ultimately has been delivered on site which is very exciting. and the kneass building was not addressed with use it might serve. building 49 was. it's in the center of the slide. we opened it would be used for water recreation and bicycle parking on site so we're not sure if we need additional as well as a site and next slide. please.

there are eight goals that apply to the southern waterfront and we've pulled out throw in particular that we think really speaks to what might go i go ine buildings. number two listed in the staff report has to do withens hancements water recreation and enhancement to the blue green way and doing something that enhances sort of the public experience and the various public locations they can visit and the southern waterfront and number throw was implementing pier 70 projects which includes the deliver row of parks and other public realm improvements that the public can enjoy and number eight was relating to community partnerships and community benefits for the southern waterfront and delivering more community benefits. next slide, please. they set out the acceptable uses for each of the facilities. you can see here that building 49 was anticipated to have water

recreational boating, to relate to the parks and open space to have accessory and other sorts of short interim uses and maritime industry, retail, general office, community facilities as well as interim uses. that's the whole framework of what we have to work with in terms of previous planning efforts and our current draft waterfront plans. a successful rfp will support our strategic plan. we're evolving the waterfront anand engaging working with our community members to speak to their needs and we need to have projects that are equitable and

accessible and attractive to a very diverse group of people who live, work, use, or visit our recreational assets. we need money to bring up with they can be used up and creating stability in the sport of our financial side and maintaining the harbor funds and ourselves as an organization. next slide, please. so, we're proposing to do an rfp on these sites. in order to do water recreation

retail and food and beverage we need an rfp in order to do the competitive process required for retail leasing. we're proposing that we use the process that's in the waterfront plan. you may recall the general process is informational at at port commission to discuss the particular big values for this area and what are community values and minimum qualifications and what not that we want to see if an rfp and we go out to the community that those with them and come back to the port commission. so we're proposing to use that same process which i'll note in a subsequent slide in a little bit more detail. we do a process respond propose to one or both buildings and so both of the buildings and this is the just primarily they're close to one another and we can do a and we think there's an opportunity that we may be able to get one tenant for both

buildings and we're very opening to having different tenants in the building and one is in a poor condition and it would require a lot of capital to bring it up to the useable condition. the other would needles capital potentially. there's an opportunity to meet potential tenants in both of those categories. in terms of the minimum goals, what we are stating and we're going to add on to that as we go through the process with you and the community, we think at the very least we need at least one food and beverage location. it could be very casual and want to serve the needs of park goers for sure. we also need to have one personal watercraft rental storage and sales facility and some sort of ann an aquatic cen. we want to see a community development or community-serving youth. a tenant that will provide a lot of co benefits for being on the park. eyes on the park and bringing

members of the community and into the facility and community the elsewhere and we this is the minimum goals of from the community and what other goals there should be. and the co benefits economic benefits so the desired economic and they're seeking through this rfp process is first investment in these buildings and the preliminary cost estimates of how much it would cost to rehab both of these buildings is 10 to $15 million and depending on the uses. there's quite a range because there's the opportunity to add a seismic retro fit to building 49 which is on this slide and if one did that that would cost more money but would result in more occupancy in the building which you could dense fie uses inside of the building.

to give you a little bit of perspective that's $500 to $700 per building square foot and it's expensive and kneass is more of building 49 in terms of per square foot cost. the second key benefit we'd like is a tenant who will be responsible for maintaining watch over the public restrooms in building 49 delivered by our engineering group. this is a really port aren't maintenance responsibility that we think having tenant on site to do this would be a real benefit for us and would really help in operations of the park and the third goal is through participation at revenues or upside revenues, rental payments to the harbor fund. to pay for the use of those sites. so i talked earlier about what the draft waterfront plan anticipates in terms of an rfp process and what we did for the

pier 48, 40 and 33 and 330. they were to come to the port commission with the beginning outlines of the rfp. we then went to the southern advisory committee and at that time the swag in order to directly ask those groups to advise on the community values and diversity equity and inclusion goals for the rfps, we want an additional step for these two buildings because they are situated in this very public location. this great new park we've just delivered and it's getting a lot of use. so we're also proposing to outreach to youth oriented groups, elder groups, other at risk populations and community-serving organizations who may wish to occupy the kneass building to enhance our understooding of what we can deliver through this rfp that would be welcome and valued by

the community. next slide, please. so that's the end of the presentation. our anticipated schedule, if you all direct, is to take this sort of a presentation, focus on the subarea goals and trying to get input on community values for the two buildings. two are southern advisory committee and we identify other groups so we can interface with virtually to also introduce them to the site and get their input in terms of community values. we're really excited to work on these buildings. they're small in comparison to the other rfps we've done but we think they can deliver that sort of other parts of the crane cove experience that people are now getting to enjoy as a park is open. having those buildings provide

more services we think will enhance the crane cove experience. i welcome your thoughts and questions and inputs. >> thank you, rebeca. >> we will now open it to public comment. jennica will be our operator and provide instructions now for anyone on the phone who would like to provide public comment. >> thank you, president brandon. we will open the queue for anyone on the phone who would like to make public comment on item 11a. please dial star 3 if you wish to make public comment. the system will let you know when your line is open. others will wait on mute until their line is open. comments will be limited to three minutes per person. the queue is now open. please dial star 3 if you wish to make public comments.

>> thank you, jennica. do we have anyone on the phone. >> at this time, there are no members of the public on the phone wishing to make public comment on this item. >> thank you. seeing no callers on the phone, public comment is closed. commissioner gilman. >> thank you, ra baek and everyone for the presentation and the thorough staff report. i'm really eager to see this process moving forward. i had the pleasure about a week ago to tour the park with randy and david duepray and it was a sight to be seen. it was incredible. i'm so impressed with this project and how much it has to over. the south east end of our waterfront inside highly recommended part of the process for bidders to get maybe a more

diverse pool of applicants to activate these buildings in the neighborhood it's that we offer a site tour with david's commentary about the history of the parks about how intentional we were on design from ship build to the history of the waterfront and also maybe include the promotional videos that i saw featuring supervisor walton on president brandon and mayor breed. i think those bring a richness to the experience that could be beneficial for anyone bidding on the project and to make sure we can have the usual suspect that's can activate these buildings so i wanted to offer those few thoughts and i look forward to you bringing back a more polished set, a recommendation after the community process for the rfp and i'm excited to get these buildings activated. >> thank you. >> thank you for the reports.

i think it was well positioned and i think the sensitivities of the project have been outlined and i echo commissioner gilman's conversation. i will go next week and i was looking forward and would suggest that a tour of the building is much as you can see them from the outside be included and i think that it sounds like i should ask for david buepray was my tour guide. i look forward to seeing how it herbs witmeshes with the neighb. in addition to the aquatics and the retail, do we see any of the building space used for office at all? i know what you want to see, but what else could we see putting in these buildings and since one of the buildings doesn't have a lot of public trust restrictions, so if you could comment a little bit more on that. >> definitely, thank you,

commissioner. we anticipate there will likely need to be at least some ancillary office use. the kneass building that is already built out, just to make the project financially feasible we think we will need the kick of those revenues in order to get that building to cross the feasibility threshold. so we do anticipate that that one would have some office space but we're definitely open to any financial receivable projects that needs that acceptable use table that i showed. i also want to mention in addition to retail and aquatics we're looking for a community-serving entity to take over we anticipate parts of the kneass building or it could be a greater part of building 49 to kind of have members of the public come and use the building and then have that kind of spill over effect into using the park. >> i actually have not seen the interior of these building and i

don't know what shape they are to be able to see them. it looked like they have high ceilings and so there could be some interesting uses if you think about it and given that we're all sensitive about internal space and how much air and ventilation and open space areas give the environment that we're living in today it could be some creativity applied to whoever looks at these buildings in terms of the uses of the buildings. in addition to what you are looking for. i don't know if i'm correct assuming they have high ceilings. >> building 49 has high ceilings and the kneass building is two-storeys and i wouldn't say they're particularly high. they can definitely have the ventilation through i guess terrier air flow. >> there is no restriction. they overlook the park, correct? is there going to be any restrictions if they want to open up the walls to have bigger

windows or open doors into the park space? >> >> go ahead question. i was just thinking that when we talked about ventilation. i'll be sure to consult with mark and others to make sure this secretary standards are met on the buildings and how many openings they could create if there are no openings there now. i hope that in this case, that would be an amenity to whoever is in the building to have a view on the park and from the use that uche given off they have calls closed so if you want to know, you can open up some of the walls there and both for light, ventilation and as well as view. i think you should check that out before you set up the rfp so whoever sets it out, knows that

information in advance if there are any restrictions if there is one is historic preservations and one is already listed and the other could be listed. >> ok. >> so rebeca. >> which called we have committed to doing designs that are consistent with secretary

standards and the kneass building has roll up doors and are on east face of the building and either roll up or barn like doors that could be redesigned to engage with the park in a more active way. >> that would be a very attractive part of the building if they are able to leap right out into the park area it's right when the spark in its final phase which is great and we've been working forward to a long time and hopefully whatever

i can say is the building in the coming weeks. >> great. >> >> this is the phenomenal job it's just so beautiful he is so knowledgeable and informative about all the history at the park and it is just a beautiful park so thank you involved to the creation and then this solicitation is exciting. i think we have covered most of the points for i for inclusion. i'm happy we're going out on a

listening tour to and i hope we put an emphasis on community-serving uses. because it's has to be anna traction for families to bring tears to community groups and for residents from dogpatch, bayview, the entire city and to make it a draw because it's such a beautiful destination so, i hope whatever we're looking for is really focusing on serving those community needs in the park. so thank you general i ca gener.

can you give us a brief presentation of your timeline? >> thank you for the comment and the question. i agree going to the park is really making me so proud to work at the port. i bet a lot people felt like that. we wanted on the southern advisory agenda in november. we're working with mark to see whether or not we can catch them in november. and if we're able to we would come back to you in november if it's a little bit late we would have to go to the december meeting so the issuance so we're opening we can issue this calender year is it regardless of whether or not we hit the november or december commission meeting and so we issue the rfp and it goes through couple months review period before we bring a selection to you all so we'll be clear on the next staff report what we're proposing in terms of the selection process and very interested in speaking

with you more if there are things we should write now with this rfp or different terms we should take at this point to make sure that process is really smooth. >> i was told there was a meeting on october 21st. with all the other groups that you are reaching out to, do you think you are going to be able to do that by december? >> we hope so. we're really focused on talking about the community values and we're hoping we can have that targeted conversation and bring back along in terms of issuesance of the rfp and the site tour is a wonderful idea for introducing a respondents to the building. so it will be out for maybe two months typically we leave the rfps out for six, eight, 10 weeks. >> ok. i'm just hoping that we can get the most community input that we

can prior to coming back to us with a solicitation propose a i'm hoping that the advisory committee we also meet with these other organizations and get as much input as possible so that when we do print out the rfp everyone is on the same team. >> good point and good advice. hopefully this will go out early to mid next year. >> we will take our time and make sure we do all that work. >> ok. >> thank you. >> next item, please. >> clerk: item 12a request approval of the operations agreement with dhl global forward granting dhh authority to operate its brisbane location drive site for a term of five

years with one option to extend for four years and outlining conditions for the usage driven site this is resolution number 20-47. >> good afternoon, commissioners. good afternoon, executive director forbes. bran den from the maritime division. here to request approval for a foreign trade zone operations agreement with dhl global forwarding. next slide, please. i want to start with some background on the program. the relationship with the port of san francisco as a grantee. both pieces have interesting parts to it. so first the foreign trade zone program was established to the foreign trade zone act in 1934 as a tool to stimulate international trade by providing incentives to u.s. firms to keep jogs and economic activity, domestic here in the united states. a foreign trade zone or ftz, is

a designated area that is considered to be outside of u.s. commerce allowing for some benefits and cost savings around duties and tariffs for the private entities that get activation. program is administered through the foreign trade zone board by grantees like the port of san francisco. the ftz board and u.s. customs are responsible for compliance and oversight of foreign trade zone operations which pa laws the grantees like the port to offer this public utility to all those that have been vet and approved by those two government agencies. next slide, please. the port of san francisco ha a long history of participation in the foreign trade zone program. the port was given grantee status as foreign trade zone number 3 in 1948 when it was the third essential tee to enter the program we only came after new york and new orleans.

the port operations originated on port property within our very own historic finger pierce. before it a apartment requestedd adapted to the changing times and it created when is known as the alternative site framework which allows for private companies to activate their own ftz sub zones on their own properties through the local grantee if they're within the grantee service area. the port service area includes san francisco and six additional bay area counties. the port currently has six ftz operators all of which are in one of the surrounding counties and that's one of the interesting pieces of the program is we have not six active foreign trade zones under the foreign trade zone number 3 but none of them are actually in san francisco. each operator pays the port an

annual fee to cover the port's administrative costs. this fee is really meant to just cover administrative work done by the port as grantee and this public utility is accessible to all types of businesses. the port has no oversight responsibility on the actual foreign trade zone operations and is asked to treat it as a public utility. i would like to bring attention to the picture on this slide biff move forward. which is an interesting glimpse of the past and present day. i have to give a photo credit to san francisco pd marine unit who took this picture of pier 45 shed d from the water for me last week. for those who condition se canns a finger pier from the water and from the crop in large letters, it's stated letters that state foreign trade zone number three

and it's an interesting piece of the history of foreign trade zone in san francisco and if that with the live foreign trade zone and that was to participate in the foreign trade zone operations so nice piece of history on the water at one of our piers. next slide, please. the applicant for foreign trade zone activate is dhl global 40. which one of the words largest global companies with 380,000 employees across 220 countries. interesting through this process, finding out that dhl founded in san francisco in 1969. dh will had a plied through the foreign trade zone number three

grantee status to activate a brings bain warehouse location, brisbane, california, which is within our service area and they are very experienced foreign trade zone operator as an organization and they are 19 active foreign trade zone locations across the united states and it made the application process which started back in april very smooth from their end because they're so experienced. and both the foreign trade zone board and u.s. customs have approved for activation which is pending being approved by the port commission. next slide, please. in closing the port's foreign trade zone is within the scope of the port strategic plan by sustained economic vitality in the region providing a public utility that supports local industry. dhl brisbane location is within the port service area and they have received approval from the two bodies of oversight.

staff recommends approving the operation with the dhl allowing them to activate their facility as a foreign trade zone. next slide. that concludes my presentation and i'm available for any questions. >> commissioners, may i have a motion. >> so moved. >> second. >> now let's open it up for public comment. we'll open up the phone to take public comment on item 12a from members of the public who are joining us on the phone. jennica will be our operator and will provide instructions now for anyone on the phone who would like to make public comment. >> thank you president brandon. at this time, we will open the queue for anyone on the phone who would like to make public comment on 12a. please dial star 3 if you wish to make public comment. the system will let you know when your line is open. others will wait on mute until

their line is open. comments will be limit today three minutes a person. the queue is now open. please dial star 3 if you wish to make public comment. do we have anyone on the phone there are no members of the public on the phone. wishing to make public comment on this item. >> thank you. seeing no comments on the phone, public comment is closed. commissioner woo-ho. we have discussed foreign trade zones in the past and i'm familiar with them and understand what it means for the port. i have no further questions, i'm supportive of the item. thank you. >> thank you. commissioner gilman. >> thank you for the report. i'm supportive of the item and have no questions. >> thank you. thank you so much for the report and thank you for all the

history on the foreign trade zone and dhl. i learned something new. can we please have our roll call vote? >> certainly. president brandon. >> yes. >> commissioner gilman. >> yes. >> commissioner woo-ho. >> motion passes unanimously resolution 2047 is adopted. next item, please. >> that would be item 13 new business. >> i have reported that we will be providing quarterly reports on the seawall program. the resiliency program. we'll provide updates to the tzk milestones and timeframe. is there any other new business? >> seeing no other new business, can i have a motion to adjourn. >> so moved. >> second.

>> call roll call, please. >> president brandon. >> yes. >> commissioner gilman. >> yes. >> and commissioner. >> yes. >> the meeting is adjourned at 4:46:00 p.m. thank you, everyone. >> good night. >> i will ask everyone to place your hands on your heart to say the pledge of allegiance. please unmute everyone.

okay. all right. 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. thank you. please call roll. >> clerk: yes. commissioner dejesus. >> present. >> commissioner hamasaki. >> present. >> commissioner elias. >> here. >> commissioner rickter? >> present. and commissioner cohen is excused.

vice president taylor, you have a quorum. and we have director from the department of police accountability and the chief. >> thank you. for members of the public, the number to call in to provide public comment is 415-665-0001. and access code 14664628. 26, i believe. and remind the members of the public to have any of your devices on mute and there is no background noise and same thing for the presenters and commissioners unless you are speaking. try to reduce the background noise by having yourself muted. if you can please call the first line item, sergeant. >> line item one, reports to the commission, discussion. 1a, chief's report, weekly crime trends. provide an overview of offenses occurring in san francisco. major/significant incidents and provide a summary of planned activities and events that will include a brief overview of unplanned events or activities

occurring in san francisco having an impact on public safety. commission discussion on unplanned events and activities that the chief describes will be limited to determining whether the calendar if a future meeting. presentation of the audit of electronic communication devices for bias third quarter 2020. presentation of the earthquake safety and emergency response bond program 2020, police facilities. >> good evening, chief. >> thank you. good evening, vice president taylor, commissioner, executive director henderson. i will start off the report this week and i am going to start off this week with the most significant incident of the week was an officer-involved shooting that happened saturday night just before midnight. and just going to stick to what we put out in terms of our information to the public and the media. and i will finish that by saying that we are planning a town hall this coming monday. it will be virtual as the last

one was because of covid considerations, but it will be monday at 3:00 p.m. and are planning to release the video and the body worn camera in that town hall as well. but the details unfortunately, the person involved in the incident lost his life. and on october 10 at approximately 11:26 p.m., our officers responded to report of an attempted carjacking with a knife at market street and goal street. officers located the suspect and pursued the suspect where they attempted to detain him. during the contact an officer-involved shooting occurred which was captured and the officer's body worn camera. the suspect is identified as 21-year-old caesar vargsa was

struck by gun fire, and our officers immediately rendered aid and summoned medics to the scene. mr. vargas succumbed to the injuries and died at the scene officers located a knife. the incident is in the early stages of the investigation and is being investigated by the san francisco district attorney's office who has the responsibility for the criminal investigation. looking at whether the officer involved shooting was legal. the san francisco police department internal affairs division and the department of police accountability all who were at the scene on saturday night. additional information will be released as it becomes available and as i said, as our commitment to transparency and accountability, we have scheduled a town hall recording this incident that will be held this coming monday at 3:00 p.m., and it will be virtual. so it will be on our website as well as on sfgov tv.

now i will go to our weekly crime trends. starting with our overall crime trends for the week. for the week we are actually the part one crimes we are down in property crimes 17%. year to date we are down in property crimes 24%. we are still having some significant challenges with residential burglary which are throughout the city, although we did -- a piece of encouraging news. we did make 11 arrest this is past month for residential particularry, so we hope that will make a difference in slowing this trend down. we continue to address the strategies by really honing in on some of the more chronic people that have been involved in burglaries.

really focussing on them, so that will continue. and control strategies in areas where we have seen spikes hopefully will make a difference as well. we're 42% up year to date which is -- i'm sorry, actually more than that. hang on one second. i lost my place here. 44% up year to date, which is significant, so we will continue to work on that. otherwise property crimes across the board are down other than burglary. we are continuing to address our strategies through key ways as we reopen our economy as you have seen in the news probably, many of the restaurants and shopping establishments are reopening. we're starting to have more people come back to the city which is good news. so we want to make sure that we don't have spike in car burglaries as people start to come back out and enjoy our city. so that will continue. on that note, we are 45% down

compared to 2018 and 52% down in car burglaries compared to 2017. when you look at the comparison to the last year, 2019, we are 42% down in car burglaries. our violent crime is up for the week by 18% unfortunately. overall for the year our violent crime is down 21%. we are up in homicides as i explain to the public in the commission last week, and we're still up in homicides, although we did not have any homicide this is week. we had two homicides in october, following a pretty bad month in september where we had five. other 39 homicides year to date we have a 74% clearance rate and we are -- we made actually an arrest the other day on our last homicide, so that case is in progress and we will be presenting that to the district

attorney's office. looking at shootings, which is also up by 11% year to date, the breakdown is six of the 10 districts and the most significant increase in shooting year to date are bayview, 40 compared to 31. engleside, 14 compared to 8, and tenderloin 18 compared to 8. and then mission 13 compared to 9. the northern district, central district, southern district, and richmond district are all down year to date, and the far district is up from zero shoot this time last year to one shooting. we are focussing our efforts on those districts that are the most violent, and hopefully we can turn this around heading into the last quarter of the year. the good news is we did not have a homicide over the past week.

other significant incidents this past week, as i said, no homicides, but we did have three shooting incident this is past week resulting in three victims being shot. on wednesday, october 7, at 10:36 officers found a victim who was bleeding from his leg and had an apparent gunshot wound. this happened in the parking lot of the safeway west on webster street in the northern district. the victim was transported to the hospital and is in stable condition. we are looking for information on that particular incident. if anyone had any information, please call our tip line 415-575-4444. second incident on thursday, october 8, at 12:05 a.m., the victim was walking home from a house party on the 200 block of texas and bayview in the petrero

area. the victim's girlfriend was inside her residence when she heard an argument outside followed by gunshot. she found the victim outside suffering from gunshot wounds to his lower body, and the victim was transported to the hospital where he understood went surgery. -- where he underwent surgery. just now before this meeting started i was just informed that today a couple of minutes ago made an arrest on that case and also recovered a gun, but that is an ongoing investigation. actually, uncovered two guns and made two arrests. that is an ongoing investigation, but happy to report we did recover two guns and so we have arrested the suspects in that case. third incident on friday, october 9, at 4:22 p.m., the victim and an acquaintance were in the vehicle at the 1100 block in the bayview district when an s.u.v. with four subjects pulled alongside them. one of the subjects asked the victims where he was from, which is the sign that this was gang related. and the victim feared for his

life and tried to drive away but suffered gunshot wound and then he crashed his vehicle as he tried to flee. the victim did not suffer any life threatening injuries in this case, and again, we are looking for the public's help in solving this particular shooting. >> on 10:13, october 13 at 9:30 p.m., this is the fourth incident in which a victim was actually shot -- so three of the incidents we had victims hit. the last one that i mentioned the victim was not shot, but he crashed his vehicle and was not injured from the actual shooting. the fourth incident which was last night at 9:30 p.m., the victim was in the area of ghost street in southern district and was actually at a candle light vigil memorializing the person who lost his life in the officer-involved shooting. the victim felt a burning sensation and realized she had been shot. she was transported to the hospital and is in stable

condition. that one is under investigation. we are also looking for witnesses in that. there was this was not a whole lot of evidence to go from. and the last shooting incident with the shots fired incident in allison jones, where a victim was -- this was today at 12:27 a.m. the victim was located and was transported in critical condition. the suspect was actually located and barricaded himself in an apartment and was later arrested in that particular case. so again, gun violence is a significant issue in our city that we will continue to focus on and continue to work with all of our parameter partners along with community and hopefully turn this around in the last quarter of this year. and that concludes this portion of my report.

if there are any questions. >> thank you, chief. i don't see any questions from the commissioners. i have a brief question. you mentioned the town hall for the ois is on monday at 3:00 p.m. will you be playing the body worn camera footage at that town hall? >> yes. >> all right. thanks. >> thank you. >> commissioner elias -- >> if you have a question, put your name in the chat. >> chief, will information to log onto the town hall, how will that be disseminated to the public and can we also put that information on our website so people will have access to that information so they can join in on the town hall? >> yes, commissioner elias, they will. and if the public is also on sfgov tv and they are, like the last virtual, helping us put this on. it will be on sfgov tv and we

will put it on the website as well as give that information to sergeant youngblood. and with the opening question. chief, call the next item. >> now we have a presentation of the third quarter electronic devices presented by commander robert o'sullivan. >> thank you, chief. sergeant youngblood k you hear me? >> yes. >> thank you. good evening, vice president taylor, commissioner, chief scott, and director henderson. i am commander robert o'sullivan and i am here tonight to present the third quarter audit for the electronic communication devices for bias. i will start this evening as i

always do with this presentation to provide some background for the commission as well as the viewing public. all members are aware the department's electronic communication devices and systems are audited and the members do not have an expectation of privacy. the following documents explain the department's policies concerning the use of communication devices and systems. number one, department general order 10.08, which is titled use of computers and peripheral equipment. department bulletin 19-051 titled sfpd members expectation of privacy, use of computers, peripheral equipment, and facilities. and finally, third, internal affairs bureau order 18-02. it is important to know the auditor limited to devices that the department owns and not any member personal devices. the audits, however, do capture

electronic messages that are transmitted from personal devices to department devices. three systems are audited, and they are as follows. number one, level two, which is california law enforcement telecommunications system and i will refer to that as clets. and email and text messages and all sworn department members are issued a department issued phone. a department owned phone. i will explain how each one of these audits and the systems are audited in the results of the third quarter 2020 audit. first, level two. the program was established which searches all entries made into the system using an established word list. and that word list has procter & gamblesly 65 word on it and is passive in nature and runs continuously. if the member uses one of the identified words, the hit is

generated and sent to personnel via the level two access portal. each hit is printed, scanned, and saved to a file. staff analyzes every hit throughout the week and those determined to be potentially biassed are investigated. the level two audit process has been fully operational since december of 2016, so coming coming up on four years now. third quarter results from july 1 through september 30, there were 52 hits returned from the program, and after review by iad members, none of the 52 hits were determined to be potential any bias. our second system, the department email. all emails sent and received through the department's server are audited using an established word list. it is passive in nature. if an email contains one of the identified words on the list, a hit is generated and sent to ied personnel via email address used

exclusively for this audit process. those emails are saved and maintained on the server. staff, like with the clets hits analyzes every hit and those determine to be potentially biassed are investigated. from july 1 through september 30, there were 259 hits returned from the program. after review by ied members, none of the 259 hits was determined to be potentially bias oriented. our third and final system, cellular phones. audits of text messages sent and received via each department issued phone was conducted by, again, the internal affairs division. and investigators are trained to conduct active audits using a program developed by cellular provider at&t in conjunction with the sfpd information technology division. every 30 days a search is done of all text using the established word list. additional terms can be searched as well.

staff analyzes every hit to determine then cotext in which the term was used. those hits determine to be potentially biassed are investigate and all false positive hits are saved by at&t. from july 1 through september 30, there were 511 hits returned from the program and after review by ied members, two of the 51 hits were determined to be potentially bias oriented. administrative investigations have been initiated into both of those potentially bias circumstances. that concludes my presentation. and i am open for your questions or comments. >> thank you. what, if anything, can you tell us about those two potentially biassed hits, and when will the substance and the conclusion of the investigations come before the commission? >> so i can't tell you what those words are.

that is not for public disclosure. obviously i can't do that in this forum. what i can tell you is that the administrative investigation will certainly be done within the statute of one year per 3304 of the government code. and in all likelihood these investigations, although i am not been given feedback to depth of them just yet. that will take a while because it is in the preliminary stages but if the investigations follow others that we have done, it will be a matter of a handful of months before we come to an investigative conclusion. in the event that there is a finding of a sustained violation of department policy, that will go through the risk management office up to and including the chief of police and based on the chief's decision as to what the appropriate discipline should be, it would then be decided as to whether or not that particular case would be forwarded to the commission for

your review. >> president: i'm sorry? >> i'm sorry, commissioner, i was going to add -- i know you know -- but for the public and if the recommended discipline exceeds 10 days, that particular case is then forwarded to your office. if it's 10 days or less, that is discipline stays in the chief level. >> president: i think you mentioned that the time period is july 1 through september 30. so then we're october 14 right now. am i right that the investigation would have been two weeks in whatever investigations have been pending? trying to get a sense of how long it will take. >> the first hit occurred in the month of july. and the second hit occurred in

august and the investigations have been open and pending since the hit? >> a they have been pending -- they have been initiated. but pending in the sense they haven't been concluded, yes. >> correct. okay. >> in order, maybe i can answer or provide this feedback is that we don't wait until the conclusion of the quarter to start the investigation. >> good. all right. >> the audit itself is done on a regular basis. >> president: okay. any questions? i don't see any questions from commissioners. all right. next item. >> thank you, commissioner. next i will turn to deputy chief yee to introduce the other presenters. and this and this report is on project management and some of the facilities that we are in the process of upgrading and the status of those projects. so deputy chief yee?

>> good evening, vice president taylor, commissioner, chief scott, and the executive director henderson. tonight mr. charleser degeurse will present the emergency general bond obligation opportunities which will allow the city to structurally upgrade some and i will turn it over to mr. harris. >> thank you and good afternoon. my name is charles and i am the public works acting director for project management. in this role i am responsible for insuring the successful delivery of bond programs and the capital projects that result and to present the response 20

bond program. as you know the city's capital plan identifies the funding sources for the improvement of the city, facilities and infrastructure. in the case of the sefk and this source has been voter approved other than by again obligation bonds and look forward to a similar in 2027. >>ache and we are impressive to bump the level of voter support and to which we have been enabled to improve first responder facilities and infrastructure. the first bonds produced other $800 million in funding for projects. with regard to police, this funded the new police

headquarters and and with the focused improvement at various stations. and the new traffic and the project currently under instruction and the et voer approved passage of the 2020 provides $121 million for police projects. how we arrived at which projects will be advanced with this and of the highest importance and to make sure that the dushrabilityf facilities is sufficient to protect those in the facilities and the public served. we have had a thoroughen and according to the city's own seismic hazard rating system we

find all by two facilities to be adequate for insuring life safety. and is satellite illustrates these two as indicated as shr4s or shr3's. it is important to know that the category provides for the occupants of the facilities to safely egress and not necessarily to allow to resume the normal operation. to achieve unambiguous immediate occupancy or shr1 would require substantial renovation or replacement of a facility. currently the public safety building which is the police headquarter and just the only shr11 among all police facility. next slide please.

>> another criterion of particular importance in deciding how to best engage and as you can expect, a facilities built anywhere from 60 to 100 years ago are not sized to respond to the modern era whether functionally or according to building code standards or as i have just described, the seismic worthy and we have revitalized the guidance with the assistance of expert architect consultants with deep experience among many police departments and working closely with the police command representatives. these guidelines and standards produce a steady report that's been applied to the 2020 projects that i will now

present. next slide please. the largest project is the replacement of the engleside location station in district 11. built over 100, it is half of the area of an ideal modern facility. we believe the size of the replacement facility proposed, though less than the ideal area k provide the necessary functional integrity for the police operations at that elocation. next slide please. the next largest project is the police range with the essential fact that drives this project as a priority project is on the verge of schurl collapse. the large span are open to the sky and you can see photographs of the trusses and have become severely comprised by the

exterior exposure. and next slide. and the project is a surge or interim facility to house the engleside station while it is being replaced. this will be a lease modular buildings at a city appropriate, for example, at the zoo depicted here. sorry, advance to next slide. thank you. or maybe at a lease facility large enough to accommodate the police need. our city's real estate department is currently working on available alternatives. next slide please. the final project is at mission

station and from the building defect and next slide please. and this concludes my presentation. thank you for the opportunity and i am available for any questions you may have. >> i don't see any questions from commissioners. thank you for your presentation. next line item. i think we are supposed to have the commission here and i am not sure if there is any representative. i don't see anybody from the youth commission on. >> this might be a good time that item c will be d sorry 6b on the agenda will be continued to next week. and also many are wearing pink

because it is pink patch month. and we will talk about this next week as well. sergeant youngblood, i don't know if you are able to put the information on the screen for folks if they want to donate to get a patch. there is an email address and a number.

that is information that will be up next week as well. this will be up next week to help support breast cancer. one last call for anyone in the youth commission. let's tall the next line item. >> d.p.a. director's report. it will be limited to a belief description of activities and announcement to calendar the issues raised for future commission meeting. >> you are muted.

>> sorry. good evening, commissioners. i have just a brief presentation because i know that we have another presentation we will be making following this on the direct information and where we are and what we are working on so far. we have had a number of meetings just checking in with from the issues and to make sure that folks and many of the work is taking place remotely and see the numbers have continued to go up. we have continued to close the cases and stay on top of things. we are at 642 cases so far this year that have been open. that is up from this time last year which was 585 cases.

in terps of cases that have been closed we have closed a record 704 cases and we have never that i am aware of so u will look into that and have a better answer for you next week. i am not aware where we have closed as many cases in this time frame. last year we closed 498 cases. in term of pending cases we have 377 open and pending cases and this time last year we had 406. we have sustained 34 of the cases so far this time last year in terms of cases that have been under investigation longer than nine months and that is 29. this time last year we were at 39.

we mediated 30 cases this year. last year at this time we were at 27 cases. currently there are 35 cases that are that are pending with the police commission. we have no cases that are in closed session tonight for d.p.a. discussion and participation and with the outreach and training and a lot of the outreach is virtual. we participated in a stakeholder engagement series to focus on trance organization sharing community resources during the pandemic. we've also participated in the engagement series and stakeholder engagement series specifically with the youth commission.

we also have a scheduled know your rights presentation with the youth commission on the 19th to stay connected and we have had a number of trainings. and the chief of operations pretended and participated in this cmcr that is a mindset response training with the better understanding of what the training is to tie it to the policy recommendations and throughout the year on various topics. and next week i will have as a preview to agendaize or part of the presentation and the overview but i reached out to an independent agency to evaluate dba and make a comparison with the other oversight agencies in

t state and the rest of the country. and i wanted to gauge in terms of sharing information, transparency and accountability what the numbers look like as compared to other agency. i think it will be more useful and help to feel the agencies that grew out of conversations that i was having with to the accountability agency. i should have more information as early as next week. i will stop there. i know we have a presentation on the direct share we will be presented from my office about ongoing issues in terms of sharing information with the department and with that i will conclude my report. >> to put them into contact and i appreciate it. and i wanted to commend you for

your ability to really receive constructive criticism and feedback and take it and run with it. and it is telling to open yourself up to scrutiny and more transparency than you already are by having your numbers and your agency compared to other ones across the nation, so i will commend you on being brave enough to do that because some people aren't willing to take that step. i think that that step is a huge step for your agency and is going to help you become even better and productive criticism and always asking for feedback and to use that to make the agency better. i can tell just by the conversations that we have had with the materials you have been presenting by your attorney, so

thank you. >> thank you for saying that. i don't know how well i receive it and to listen and incorporate it and with the public forums and often times the feedback and the criticism and comes fast and furious. public comment is what it is. we are a public agency and this is a public process. and all of us expose ourselves to the ongoing work at the police commission in a public forum way that is exposed. so that is part of the job and sometimes it's easier than others. frequently especially when we are trying to do new things and trying to address reforms, it is all new. and that doesn't make it less mandatory or less important. at some point it is what it is and here is what the numbers are

and here is what the facts are and if it is not well received, the pub lib has a right to know and the department has a right to know and the commissioners have a duty to know this information. and the pushback you get if and when you guys get pushback from me is coming from a place of difficulty with budgets and personnel, not from a lack of commitment to the vision and the mission. i don't know why i am making a speech. sorry. thank you. sorry. >> thank you. >> it's like you had that

written out, paul. >> i got in tv mood. >> there were a lot of feelings in there. >> you know because sometimes it's hard getting that feedback. and i am, like, mmm. >> definitely roll with the punches. i got to give it to you. it's, like i said, it takes a strong person to be able to say, hey, come examine me and that is what you are doing, so i commend you. >> let's wait until we look at it and then -- >> remember this when we get the results. >> exactly. >> exactly. >> thank you. next line item. >> line item 1d. commissioners' reports. commission discussion will be limited to determining whether to calendar any of the issues raised for a future mission meeting. commission president's report. commissioners' reports. commission announcements and scheduling of items identified for consideration at future commission meeting, action.

>> i see no hands in the chat. next line item. >> next line item is public comment on line item one. at this time the public is welcome to make public comment on line item one. for those who would like to make public comment, call 415-655-0001, access code 146 646 2826 and press pound and pound again. for those online on webex, press star 3 to raise your hand. >> sergeant, since the youth commission didn't happen tonight, let's go 3 minutes for public comment. >> thank you. so far you have two on the phone. >> okay. >> hello, caller. you have three minutes. >> good evening, caller.

caller, are you there? you have three minutes. okay. we will go to the next. good evening, caller. you have three minutes. >> caller: good evening, commissioners. chief scott, and executive director henderson. i am deputy public defender brian cox. after reading the details of the audit electronic communication report, really question the report's utility. it hits in three areas. clets, department email and text messages the out of 362 potential biassed items the audit uncovered the department found that just two were potentially buy biassed. that is only half a percent. while that sounds like a ringing endorsement, the facts on the ground are cutback and suggest that the tool doesn't capture the right data. reviewing electronic communications is important but sfpd can and should devise

better tools to accomplish the same objective. how can they do those reports and do they know the search terms and can it make recommendations or suggest reforms on the process and ask for regular status updates on the investigation of the two potentially biassed hits found in this report? the reports to provide accountability and transparency and boast both laudable and worthy goals and in practice they fall short because there is little transparency in the process or methodology and no visibility accountable as the commission plays a role and refuses a role. and because the auditor report does little work, they should push sfpd to make the audit something that matters or get rid of it and thank you. >> thank you.

next caller. >> caller: this program doesn't -- this program also collects data from devices that aren't on bias sfpd and say, somebody who isn't really related to spfd who sends a text message to an sfpd device and will monitor those text messages or emails. and so how does this program protect the privacy of those individuals who do not consent to be part of this? how -- are they ever notified

that the communications are being monitored? i am very concerned about the implications of this. thank you. awe thank you. anymore callers? >> no. >> all right. next line item. >> line item 2, status report regarding d.b.a., sfpd information sharing agreement. discussion. >> hi, commissioners. >> good evening, vice president taylor, commissioners, chief scott, director henderson. i am sharon wu, the chief of operations at dpa. and i am here with assistant chief to talk about a status update on information sharing. as a way of background, i will tell you that historically there have been challenges in sharing information with the department. most of that has been anecdotal

and we have started to detail some of the areas that we would like to share bet we are the department. that was codified in a letter to the commission back on july 14. the department responded to that letter on august 10. on september 3 we started a series of meetings. and i think through the meetings we isolated the top four that we thought we could deal with earlier, quickly and be able to have common ground in terms of information sharing. and that is the status update and assistant chief mozer and i will be giving you today and knowing this is just a start to what i think will be a much fuller discussion. and something that we hope will be codified in a letter of agreement between the departments so that we can document and identify all of the deeds agreements that we have made. so there is a power point.

thank you, agent young blood. next slide please. the four areas that we have identified have been through the intra net and hrms. a share point document which will track discipline and body worn cameras. chief? i am assistant chief bob mozer. as sharon had mentioned, we have been working on this since early september. and we have some good news to report. we were able to accomplish a number of dba's requests and did so working very collaboratively if i may say so and very quickly on this. so our first big area that we were able to make headway in is

with power dms. dba requested access to the department intra net. the intranet program is a very old program that the department is currently phasing out and replacing with power dms. what we were able to do was grant dpa access to power dms which gives them access to airport, general orders, all department bulletins, department general orders, all manuals and guides, all unit and bureau orders, and all department forms that they had also requested or posted on power dms. and as well all new policies that come out and all new department bulletins that come out are posted on power dms so the dpa will have access to all of those policies as the department does.

next slide please. the next major area where we were able to make quite a bit of headway is access to hmrs which is the human resource management system. dpa had requested several areas to access hrms and dpa has access to job data, daily assignment, employee scheduling -- go back there -- thank you. employee scheduling history, officer activity, and officer training histories. so that gives them the ability to look up in real time and future time officer assignments. they also were able to run reports. those reports include reports of based on rank of all rosters, watch off calendar, monthly activity reports, employee work history, unit station seniority, and unit seniority as well. it can also run training

summaries as well. i think that's updated. another areas that they have access to is department a numbers which is a unique identifier assigned to each department employee. [please stand by]

it will be -- we will be able to identify both case numbers when cases have been sent to the department, when the department has given hopefully a letter of intent to discipline. from that point we can track

whether or not discipline is imposed, whether it was referred to the commission and any appellate process that goes through that as well. we'll also be able to identify when potentially dpa's recommendation was either agreed upon, because lower or higher than that. and i think that annual report will retract discipline, will be much more complete i think is a better word, and that there will be the ability for both the department and dta to add information and track those together. hopefully i'm encouraging the commission to have another status with us so that we can report on the further progress that we've been making, and so i'm hoping in another couple of months we'll have this up and running and we can show you a finished product. >> ask and you shall receive.

>> thank you very much, vice-president taylor. next slide? so there are areas that we haven't been able to come to agreement with. and it isn't for want of trying. body-worn camera is one of them, and also put in there daes warehouse. currently police accountability is not considered a law enforcement agency pursuant to the department of justice. there is inadvertent material that is criminal information that is regulated by doj that may show up on body-worn camera. that is potentially showing the screen, the computer screen in the patrol vehicles. viewable information from dispatch that would give criminal information that a law enforcement agency is not allowed to have through doj. and so we can't have direct

access to evidence.com. that has been the department's position. i don't have any reason to think that that is not true. from my experience in my former job at the da's office, i know that the department has had some audits on d.o.j., and because of some of the issues, the d.a.'s office got their own license, and so i think that is true. we have talked about possible solutions. one of them, a huge solution would be identifying civilian oversight agencies with law enforcement agencies so that we could have this sort of inadvertent access to material. that's a state-wide solution, and nothing that we can deal with in the now, the current. another area would be to contact d.o.j. to see whether or not this inadvertent access would

not be a violation of the police department class license, and i have a call in to d.o.j. i have to say that i am not -- i'm not optimistic that that will be something that d.o.j. will agree to, and so we're trying to consider workarounds. one would be d.p.a. getting their own evidence.com license. that -- sharing but it would still require the department to get each one of our requests through the bode worn camera and redact and ensure that no -- information is on that body-worn camera, and that really is the bigger delay. and there are also cost concerns about getting our own evidence.com license. it is costly. it's expensive, and the storage that is necessary is also costly. so that's one of the things that we are working on, and again,

which i would ask the commission to have us update them when we come back in a couple of months. next slide, please. so i do want to say that, you know, the pandemic has had such incredible and horrific things happening with society, but one of the -- i don't even want to call it benefits, but one of the things that it forced us to do, like we're having virtual meetings, it forced us to share in different ways, and i think the new way we're sharing with the department has increased the efficiency and increased effectiveness in that sharing. one of them is that we have now a single point of contact with the department. we can send one person in the department our requests for records. that person then will disseminate those requests to other places in the department, whether it's the district station or legal one area. one person being responsible, one person that we need to contact to ensure that we have

sent it to the right place, one person who is responsible for getting us the information back as opposed to every district station, several people at every district station. i think this is much more efficient and effective. and then the second part is that we have now gone completely electronic with the department. we make our requests electronically. we receive our information electronically. we used to use the fax machine which i am -- you know, i'm astounded, it was so ineffective and so inefficient, and so i think that this use of electronically making our requests and electronically receiving the information is a huge upgrade in the way that we share and we receive information. and this will become a permanent way that we do things. next slide, please. and then there are some no access to information, and we had asked for many our letter access to the e-stop data, and the department had told us, and we had seen it through some of

the d.o.j. materials, that they no longer use e-stop. and perhaps ac moesier can expand a little bit about that and the type of information that e-stop data used to have and where it goes now and how we would be able to access it. >> e-stop -- thank you, sharon. e-stop data was a precursor to our state claim requirement when we have the state reporting requirement, ripa, went into effect. we now transmit our data directly to the state so all data is stored at the state level, not the department level. >> and so for d.p.a. to access that material, we would have to ask d.o.j., which we would intend to do should we need it. and then one of the last bigger-ticket items was the internal affairs remote cards, and those are only available

upon request, but since our requesting procedure is much more efficient, we think we won't have issues receiving responses on the card requests. and i will report back in a couple of months if we have any issues at all. next slide, please. and so really this is the end of our presentation. in the last six or eight weeks i think that we have come a long way in understanding and in sharing the information sharing that's necessary between the departments. i know that ac moser and i are going to work on a letter of agreement which would codify all of these agreements. i thank the commission tremendously for their help. phil lowhouse has been part of all our discussions and he's kept us on track, and i think that was really important in this process. and if there's any questions or any comments at all, i'd love to hear them. >> thank you. i have one question and then we will turn it over to other

commissioners. i remember when i first joined this commission and i first learned that you guys didn't have clets access, which to me is just crazy, and it's a little bit disappointing that, you know, d.o.j. is part of the call for reform and pushing reforms and managing the reform process but at the same time denying d.p.a. clets access to -- would help bring the reform process to fruition. so can you tell me more about what you plan to do if there's anything the commission can do? i think it's just so much more difficult for you to do your job without access to clets information sna . >> you know, i would take any assistance the commission is willing to give us, and the weight of the commission, especially in speaking with d.o.j. in order to identify civilian agencies or law enforcement agencies we'd have to change the

statute because they have identified all the law enforcement agencies within the statute. so it would have to be something this would include d.p.a., oversight agencies in general to be considered a law enforcement agency to be allowed the type of access that other law enforcement agencies have. i don't know exactly what it would take for d.o.j. to say sharing this inadvertent information would not be a violation of the clets agreements that the department has with d.o.j. to use all of these systems. it is part of an audit that they do regularly. they have to be able to identify who's using what to see if there's any improper use, so i understand that, but i will -- i will put on my thinking cap, vice-president taylor, and i will work with ac moser to try to come up with some other solutions. i do think that one of our biggest challenges is the time

that it takes to get vwc and to be reviewing that as well. i think access to criminal histories is less since most of our investigations, you know, are not geared toward criminal, obviously, investigations. so it really is bwc access and the inadvertent access to criminal history information. i will definitely -- we're definitely working on it, and i will let the commission know how it can be helpful and hope that you will support us in our efforts to be able to get direct access. >> thank you. commissioner? >> i think director henderson had his hand up, so maybe he should speak first. >> okay. oh, yeah, he -- i was just taking you guys in order. director henderson, feel free to go first. you're muted. sna sorry. i don't know how to wave my hand on this thing. i went through the whole thing trying to figure out, and then i

was like, let me just put a question. i just wanted to follow up on a couple of things that were raised and just frame some of the context from the presentation, especially with the clets stuff. and asking around to my peers from other counties and seeing how they address this problem, they had a different approach from their city attorneys office who was the holder, who would meter out a lot of the information with their clets. but as ms. woo said, we are looking at solutions that are internal and external, which would allow possible legislative solutions, either at a local or a state level as well. so that's part of where we're going. and i just wanted to frame, you know, it looks like a lot is being done, but it really is so much more because a lot of the issues that were in that letter that was culminated from july 14 from my agency have been a long time coming, and these have been

long-standing issues back and forth about having -- trying to get information from the department, and including updating the d.p.a.'s own records. a lot of our own records, and this is part of the digitalization process. as you recall, much of our records, we were photocopying and sending things back and forth in the mail and on faxes 40 to 50 documents a day back and forth, and that was the cornerstone of the henderson report. and as we started digitalizing our process, the need to have that information from the department i think increased, but also was easier because information was available digitally and could have been shared more easily, and so my point is that there have been many years of leading up to this that led to the july 14, and a lot of work has been done in the

past, in the past six to eight weeks to address many of the delayed investigations or blocked investigations because information, we either didn't have or weren't sure of how to ask or who to ask it for. it wasn't that attempts weren't being made, but this is attempting to solve all of these things all in one fell swoop, and so it's groundbreaking that this is being done right now, but i would say that it is still somewhat incomplete, and i think both of the -- both of us have alluded to that, both myself and moser also say that there's still more work to be done. and so again, i'd like to come back and present again when we have a better l.o.a. and i can have an update on the clets stuff for all of you as well, and then we'll see just where we are, but i do want to keep this moving forward. a lot really has been done, but let's see how it works and plays

out while we sort through things and then we'll just see in a couple -- i don't know how much time you guys want to give it. i would say -- i would think just knowing or having a better sense of what the issues are, both from the presentation and knowing what the requests have been in the past, that it would need at least one or two months, but i'm open to whatever the commission wants to hear. however the commission wants to hear it. we'll come back whenever, but i would think that it needs at least two months, not just to set it up, but to give it time to see if it's actually working, if information is being translaid, and if we're able to get the information too. >> if we put it on the december 2 agenda, that enough time? that's a month and a half. >> either way you'll have a substantive update, i believe, and i'll let moser and woo answer that directly, but a lot -- so much has been done already in just these past few

weeks, i can't imagine you wouldn't get helpful information. i just don't know if that's enough time for them to give a more substantive l.o.a. they can answer. >> i'm sorry, vice-president taylor. i'm actually not going to be here on the 2nd, so i would appreciate it if we go a week later. >> that's fine. >> is that an answer? >> so the 9th it would be. i think, chief moser, does that work for you? >> yeah. i think so. i think working on an l.o.a. certainly on everything that we have agreed to and presented tonight, i think that's absolutely a possibility and it will give us time to see how everything has been working, how our sharing of information through our case sharing information is working.

so i think we'll have a good idea by then. >> thank you. commissioner elias? >> thank you. i'm really happy to hear of all the progress that's been happening, and i also do want to join in on this -- thank you to phil because he has been an integral part of this and has really been trying to move things along. i'm glad that we will be bringing this back for another update. one of the things that i wanted to also perhaps have you address at the next meeting is if these issues are not able to be worked out, what are the interim solutions? i know that you're working on the sharepoint. i know the bwc is an issue, but i still think that things like the bwc may be a longer process to resolve, so there should be measures in place in the interim to make sure that this

information is being exchanged in a more expeditious manner. so i would like you also to just keep that in mind as well, and again, i appreciate the efforts on both sides to get this moving. >> thank you. i don't see any other questions from commissioners, so unless the presenter has more, i'll call the next line item, and thank you for your time and look forward for when you come back. >> thank you. good evening. >> thank you. >> next line item is public comment on line item two. at this time the public is now welcome to make public comment on line item two. call 415-665-0001 access code 146-646-2826. those already logged on, please press star 3 to raise your hand.

you have one caller. good evening, caller, you have three minutes. >> oh, i wasn't in the queue, as far as i know. i'm sorry. >> no problem. >> okay. next line item? >> next line item, line item three, general public comment. at this time the public is now welcome address the commission for up to three minutes

>> commissioner rodrigue >> clerk: the time is 9:02. this is the remote meeting via video and teleconferencing. this meeting is being held by webex pursuant to the mayoral proclamation. city hall is closed, and meetings of the fire commission will convene remotely.

you may watch this meeting at www.sfgovtv.org. or you may participate by phone by dialing 1-415-655-0001, then using the access code 146-699-4 146-699-4326. members of the public will be able to participate via public comment. comments will be addressed in the order they are received. when the moderator announced that they are taking public comment, members of the public can comment by pressing star, three to enter the queue. when prompting, callers will have the standard three minutes to provide public comment. ensure you are in a quiet

location, speak clearly, and turnoff any t.v.s or radios around you. [inaudible] >> clerk: item 1, roll call. [roll call] >> clerk: item 2, general public comment. members of the public may address the commission for up to three minutes on any matter in the commission's jurisdiction that does not appear on the agenda. speakers must address their remarks to the commission as a whole and not to individual

comments or department personnel. the lack of a comment by commissioners or department personnel does not necessarily constitute support of remarks made during public comment. >> president covington: thank you, madam secretary. is there any public comment? any member of the public want to speak? >> clerk: there is nobody on the public comment line. >> president covington: okay, thank you. i do need to change -- chief parks came in as an attendee, so i'm changing her to a panelist. >> president covington: okay. >> clerk: okay. so there is no public comment. item 3, approval of the minutes. discussion and possible action to approve meeting minutes from september 23, 2020.

>> president covington: okay. thank you. is there any public comment on this matter? >> clerk: i will check. there is nobody on the public comment line. >> president covington: great. fellow commissioners, the minutes of our last meeting? >> commissioner cleaveland: madam president, i move to approve. >> president covington: thank you, commissioner cleaveland. is there a second? >> commissioner feinstein: i will second. >> president covington: thank you, vice president feinstein. i also move -- roll call for t minutes. >> clerk: on the approval of the minutes -- [roll call] >> clerk: the vote is unanimous. item 4, chief of department's report.

report from chief of department, jeanine nicholson. report on current issues, activities, and events within the department since the fire commission meeting on september 23, 2020, including budget, academies, special events, communications, and outreach to other government agencies and the public. report from operations, deputy chief victor wyrsch. report on overall field operations, including greater alarm fires, emergency medical services, bureau of fire prevention and investigation, homeland security, and airport division. >> president covington: good morning, chief nicholson. [inaudible]. >> as we know last week, october 7, it's hard to believe it's been a week, we lost a brother, a member of our fire

department, jason cortez. so apologies to you that i am not my usual upbeat self today, but it is a somber time for us, as you know, we are also -- the department is, you know, mourning, grieving, in disbelief, and we are in the midst of arranging a funeral service and memorial service for our brother, and we are also in the midst of reaching out and helping the family and reaching out to our members who are the most impacted by this. [inaudible] >> it was an accident, and there's still more -- a little more to be done in terms of

investigatory stuff and follow up, but from our initial investigation, that is what we have found. you know, and i'm really proud of this department and of everyone in it who has just kept moving forward and showing up to work and doing their job because they understand the importance of their work. and i also, unfortunately, have seen -- you know, this isn't the job that make suggest. i've been here for our command staff, as many people can attest to. right now, loike i said, we ar figuring out all the details for the services in the midst of the covid restrictions and

restrictions that we have with the current health orders in the city. so, you know, it's going to look different, the services, than services have in the past, and it's going to be much smaller. and we're not sure how many folks from outside of the family will actually be able to attend, so we're working on that with the families, and we are working on prioritizing people within the department who are most directly impacted, those who were there with him today, those who were there with jason on wednesday, and those who prepared him in the aftermath, as well as, you know, he was a member of station 49 for eight years, and so he has a lot of history there, as well as being in the suppression side for five years. you know, i can say that

everything else in my report today can wait for another two weeks, as we are focused on jason's wife, patty, sons jackson and grayson, his feathr bill, and stepmother nellie, his brothers at station 49 and members of station 7 who jumped right in there to assist with the horrific accident. and i just want to give a shout out, as well, to everyone who has stepped up to help logistics wise. they have stepped up big time

to really start organizing and working with the union and some other scity agencies to get stuff done, as well as some folks on the funeral committee. pat rabbit, ian christian, and jim o'connell, as well as local 7 # 798. floyd rollins went out and picked up the family that day without hesitation. got patty and the kids, and i know we're all grateful for that. so like i said, the rest of my report does not -- can wait. it just doesn't seem that -- you know, that necessary right now. and so i'm sorry to bring down the whole meeting, but this is reality for us right now, and

we're just pulling together to get through this. so with that, i will conclude my report for today. thank you. >> president covington: thank you very much, chief nicholson, and thank you for mentioning all of the people who are banding together to -- you know, to make sure that a member of the department and -- is given due respect and honor, and that everyone is taking care of the family. i've also asked chief wyrsch to read the letter that was sent out from station 3. chief wyrsch? >> may i just add one thing,

president covington? >> yes. >> chief [inaudible] at the airport really stepped up and met the family -- met the family at the airport with the officers there, and he escorted them up to [inaudible] and literally escorted them all over town with the utmost respect. so thanks to him, and thanks to chief wong for handling all of the emotional plans at station 49. >> president covington: yes. i also want to thank everybody -- everyone in the department who went to s.f. general right away to give a good salute on the way to the examiner's office, so thank you, everybody, for being who

you are. chief wyrsch, are you -- >> deputy chief wyrsch: madam president, i'd like to do that at the end of my report out of emotion, if that's okay. >> president covington: that would be fine. >> deputy chief wyrsch: i have a slide that goes along with it. >> president covington: thank you. you may proceed, sir. >> deputy chief wyrsch: we're good to go with my presentation, then? >> clerk: yes, you have the ball. there you go. . >> deputy chief wyrsch: all right. good morning, president covington, vice president feinstein, commissioners, chief

nicholson, this is my operations report for the month of september. [inaudible] are you seeing the whole screen or parts of screen? >> president covington: whole screen. >> all right. wonderful. the fire we had was at 173 shipley. this was chief reubenstein's fire. 100% wood structure. it was an exposed roof and three-story lot line. with heavy smoke and fire, 3 was called immediately. when chief reubenstein arrived, he called another alarm for

another station, and we called another station eventually, as well. very aggressive, very proud of all the companies working. we also had 16 [inaudible] alarms during the month of september. i want to give a shoutout to everybody involved in the mutual aid. i won't get into the details because i know that chief velo has been [inaudible] and my hat's off to everybody who worked so hard to backfill in the city. we also had two day rescues and cliff rescues in the city.

there was a rescue at 30 otis, and similar recommending several companies, several individuals for citation involving someone who was trapped on a 300 feet crane, skyscraper crane, and the amount of effort and safety that was done, again, the [inaudible] we all recognize this day. we've been telling people about it. we've had a lot of rescues with cars over cliffs during the month. al also, we celebrated september 11, remembrance day, a little different, something that we hope will never happen again.

the divisional chief, chief fong, is here if you have any questions of him. we did a mutual aid to st st. helena hospital. again, my hat kazz off to the the -- hat's off to the division. [inaudible] e.m.s. has been a priority and functioning with the highest of [inaudible] the p.i.o. report, i'd just like to give a shout out to jonathan baxter. lieutenant baxter has been doing an incredible amount of interviews, keeping the public informed, and i want to thank him for that. he also -- i know this has been

a concern the past months, but the coastal safety outreach, we've had some events, but we're handing out information there. fire marshall decoscio, he did a report through the fire marshal program, but he and his team have been working extremely hard to get this city open to businesses, open -- by having street closures, slow streets, we're trying to figure out parklets, even though it's not under our jurisdiction, to make sure that any excess be

granted [inaudible] be taken care of, so thank you, fire marshal decoscio. the airport commission, f.d.c. johnson has been working very hard over there. always good to see them supporting the o.e.s. firefighters, future firefighters coming into s.f.o., and wonderful, them helping the family. the third [inaudible] again, homeland security [inaudible] and stepping in some big shoes and doing a great job.

and josh smith has been helping her. all of our friends -- michael cochran is in rehab, as you know, but the phone is never far from him. we send our prayers. art cisneros as instrumental in the [inaudible] and continuing with the help of that transition. we have our two new search k9s, cassie and jack, send over from homeland security. i'd like to read a letter that station 3 has written. members of the sffd, we wanted to take a moment to thank all of you who have been there for

us as we deal with the loss of our brother, jason cortez. those of you that showed up at sfgh, lined the procession to the medical examiner's office, stepping in to fill in for regular members so they could go home and process what happened that day, and local 798, who had been exceedingly supportive, all of the space stations who had volunteered to cook for free, down to all of the individual members who have reached out to the station, and to the three members individually, we thank you for your sentiments, support, and effort. as we all know, there's more to come, and patty, jackson, grayson, bill, nellie, sonia, and greg will need support from all of us going forward. so please keep jason's family in your thoughts and prayers, and we thank you all for being there for us in this incredible

trying time. sincerely, captain cordero. i'd like to thank the station, as well. every station is a family. it's amazing how close and tight they are, and [inaudible] every single day with reaching out to those involved, and staying together as a family, spending an incredible amount of time together. so my thanks to them. that is the end of my report. >> president covington: thank you, chief wyrsch. thank you very much for reading the letter. it's very important for everyone in the city to know how the members of the

department pull together in times like this because it is a family. >> deputy chief wyrsch: absolutely. >> president covington: so thank you. are there any public comment

[inaudible] >> when you do conduct these investigations, and we get the findings, are we, the commission, ever apprised of that or is there any accounting for the investigations that are done at different fires? >> yes, once they finish the report, if there's any fire report that the commission is interested in or a company would like to see, we can forward that for you. >> last time, i mentioned something about fires at homeless places, and i heard

there was. is there an increase when you decide there's arson going on or, yeah, is it intentional or is it an accident; if anything is changing? >> deputy chief wyrsch: so because of the encampment fires right now, we require the arson team to go out and inspect every single one, make sure it isn't foul play. a lot of the times, it's cooking or those types of activities, so we're extremely busy. we're trying to streamline report writing from them because any time they have to write an arson report, it's extremely time-consuming. we're trying to streamline

that. that being said, in the past, we never reported that because they were uncommon. now that we have one, an officer is called out with arson, as well. the fact that we're tracking a whole lot better, but also, all of those are thoroughly investigated. >> thank you. and then, i had other questions, but i guess they would be -- should i ask decoscio on it or later on? >> deputy chief wyrsch: sure, decoscio is on the line. >> on [inaudible] there was a reference to a speaker

ordinance, and the line was blank. and then, there was that one, and i can ask you about the other two. >> deputy chief wyrsch: no, i know he's on here. >> no, i see him. >> yes, good morning, chief. can i ask where you're referencing? >> it was on page 25, where i'm looking at right now. >> deputy chief wyrsch: dan, that would be under your inspections completed in september 2020, three lines down, under sprinkler ordinance. >> yes. what you have here is a list of all the inspections that we conduct, and there's a code for each inspection. when inspectors go out and conduct an inspection, they

enter a code, and that's how we track the data. sprinkler ordinance, it's mostly to do with s.r.o.s. it's nothing new with the sprinkler ordinance. >> yeah. it was back in 2000 or something. the other question i have is 2007, fire alarms open and closed. i probably should have asked this report, but there was in the report something about false fire alarms, something about how many times the fire department has to respond to them, alarms that are false, and obviously, in concerns with the budget and trying to address things like this, and then, it said open and closed,

and what is that? >> yes. those are complaints that we receive, and if there's merit to it, we issue a violation on it until the condition is corrected. there's a number of ways you can close -- it's a complaint, and how we address the complaint. if it's open, it's ongoing, and if it's closed, it's been addressed. it can be a violation on-site or an administrative violation, which goes down to a hearing. >> so false aremalarms, what cs those? >> most alarms don't issue and go into evacuation falsely where they're not intended to. so most often, devices perform as they should, a smoke detector or heat detector, etc.

it could be due to cooking, could be due to steam, etc. it's a false alarm that is not necessarily associated with a fire, but the fire alarm responded most of the time as it should, so i think we should clarify that. after three, if we have a system that's -- we're repeatedly responding to our building, after the third one, we start charging the owner for that until we conduct a correct the condition. sometimes, it may be new devices, etc. there's a whole course of action that we can take, but after the third time, we start charging. >> okay. and the last question, i have is all around the city, there's outdoor eating facilities all

over the city, and after what happened in san jose, there was no eating permit. i assume every time you go to one of those to make sure that it's up to whatever code it has to follow, that's because permits were taken out on those? >> that's correct. so we work side by side with d.p.w. on this. they share the information on the permits they have issued, approximately 700 to date. we have the inspectors go out and inspect their commercial areas and take note of any items that need to be corrected. we have a running spreadsheet that we share with d.p.w. twice a week, tuesdays and thursdays, with companies that we have inspected with violations that need to be corrected.

>> so if there was a complaint, it would go -- i would -- let's say that someone went out there, and i -- let's say myself was saying, i wonder if they pulled the permit? who would you check if there was a permit pulled out? >> so d.p.w. is the lead agency on the permit, so they would have a list of all of the permits. i would like to add, when we do a survey, our district supervisors have intimate knowledge of our districts, so if we find one, we notify

d.p.w. >> okay. >> president covington: thank you, commissioner gonzales. i think we'll go to commissioner cleaveland. >> commissioner cleaveland: thank you, president covington. i was very shocked and saddened by the loss of jason cortez. this tragedy brings to mind how important each of our members of the fire department are to each other as well as to the department at large, so i just wanted to personally express my condolences to his family and to the personnel involved in this horrific accident and wish them a speedy recovery from this tragedy as best i can. i had a quick question, a couple of quick questions for our fire marshal.

you mentioned a junior fire marshal program, and i just wanted to get a little more detail on just what that meant and who's involved. and the arson report that commissioner rodriguez brought up, i, too, have brought this up in the past, and once they're available, that they can be presented to the fire commission so we can keep track of human arson incidents are happening -- track of how many arson incidents are happening. we never know what's happening with these fires in terms of the final result, so i'd like these shared with the fire commission on a regular basis. and my last question is what are the fees for these parklets? is it based upon each parking space, and if so, what is the

amount that restaurants and others are charged to utilize those public spaces? chief decoscio? >> yes, commissioner. just unmuting here. i'll do this in reverse order, and if i leave something out, let me know. the fees, we, the fire department do not collect fees. this is something that's issued by d.p.w. we do, however, track our time and keep a list of hours that we spend on shared space, slow streets, etc., everything to do with the covid emergency response to cities in its handling, so we do track all of them, but we do not charge. >> commissioner cleaveland: do you charge that expense back to d.p.w.? >> we do not. we do not. >> commissioner cleaveland: do you have any idea -- do you

have any idea -- excuse me? do you have any idea, chief decoscio, what td.p.w. is charging for these parking spaces? >> i do not. >> commissioner cleaveland: okay. please continue. >> okay. the next question was...arson, oh, arson investigation. we cannot -- once the arson investigation is complete and the report is completed, that's public information, so anybody can request that information. we have not had active reports where we issue a report to the commission on our findings, but we can do that. we are very active on our submission. sometimes, we run into challenges where it's an open investigation and issues where it could compromise the

investigation. so can we try not to do that a have it out in public where it's an open investigation. happy to have private conversations, though, on an open investigation that is not ripe for public consumption, and so whatever direction the commission would like to go, we're fine with that. >> commissioner cleaveland: would there be an easy way for you to share public reports that are a matter of public record? is there an easy way for you to share those final reports with the commission and an easy adjustable format that you wouldn't have to put a lot of time into? >> we could. we could. it depends on how much detail you're looking for in those reports. >> commissioner cleaveland: go ahead. >> no, go ahead. >> commissioner cleaveland: it's just in those reports, i'd love to hear what the causes

are. are these arsons? are these random acts? are they coordinated arsons? so just what's the impact on us from a cost standpoint, and things of that nature, and is it a big issue or is it a little issue? so i guess that's what i'm really trying to establish here. >> so arson, definition of that for fire investigation is basically it's a fire that is purposely lit in a place where you should not light a fire. so as far as what was your intent to destroy -- we determine was it lit in a place that should not have been lit,

and that would be categorized as incendiary. there has been an increase in homeless fires. we used to track them. we used to track them in special offsite fires. we created a separate category to track them, and therefore, if you look at past reports to current reports, it shows a dramatic increase, but again, those used to be lumped in with special outside fires. we've looked at the causes of those fires, and if you look at the percentage of, like, incendiary fires, we've had more fires, and the rate of those that can be identified ad

incendiary has been relatively consistent. so i don't know if that helps you in any way, but we can provide more details if you like. >> commissioner cleaveland: well, i think it's important that if you discover that a fire's been deliberately said, i guess that information gets shared with the police department or with the district attorney's office, and so the people that are responsible, they can be identified or prosecuted. i understand that most of the homeless fires are probably totally unexpected or whatever, that they weren't done on purpose. but in cases of where fires are deliberately set, if we can identify a person or persons who did that, they should be prosecuted. so my question is, how do you do that, and do you pass that onto the d.a.s office, etc. >> you are correct.

we are part of the police department. if we find that fire to be incendiary, they open up their own investigation and present that to the d.a. they create as much information as possible, share it with the d.a. d.a., it's up to them to take the next step if it warrants further action. >> commissioner cleaveland: do you know if we have any current arson cases pending at the d.a.s office? >> i do not have those numbers. i do not. i know the numbers basically with the p.d., what files they have open, what cases they have open, but actually, cases with the d.a., i can look into that for you. >> commissioner cleaveland:

appreciate that. and last thing was the junior fire marshals program. >> john baxter, our p.i.o., is involved in that, so he can speak to more detail of that. >> commissioner cleaveland: so this is a program that goes outside of your program. >> absolutely. >> commissioner cleaveland: it goes to the general public and it's kind of how to get involved in your department with a fire marshal. it sounds like a great program, and it would be nice for you to share those details with us at a future date. >> thank you so much. >> commissioner cleaveland: these are all my questions. >> president covington: thank you, commissioner cleaveland. chief of the department nicholson? >> thank you, president covington. if i just may, commissioner

cleaveland, mark corso, who is our money guru, does apply for 75% reimbursement of all covid activity that we perform. it doesn't mean that we get reimbursed, but we apply for that. and in terms of what our fire [inaudible] is thinking about with shared spaces and the like, you know, initially, when things shutdown, you know, the fire marshal had left sections to do, etc., but now, their work has ramped up even more because of shared spaces and all these types of things. so he and his crew are working overtime to get this stuff done. they're working at 150%, and also, we need to be mindful that we all need to get to the city right now and support all

businesses. the city is waiving some of those fees because small businesses are really hurting, and we want them to get back on their feet for the benefit of these folks, the community, the city, the general fund, and all of that. so the shared spaces, i believe, permits are free until december 31, and we are working, as fire marshal decoscio said, with the ones with the [inaudible]. that means that the fire department has to step up, as well, and do a little extra work. so thank you, president covington. >> president covington: thank you, chief. let's see. i will go to commissioner

nakajo. >> commissioner nakajo: thank you, madam president. i, as well as the other commissioners, wanted to send my deepest condolences to jason cortez' family, to the members of station three, and the membership of the department. [inaudible] i have a couple of questions for you, chief wyrsch, and then, i have a question for chief tong and, again, fire marshal decascio.

first question, lieutenant baxter won an award. can you share that with us and with the public? >> deputy chief wyrsch: unfortunately, i don't have that with me, but i will make sure that you get a copy. i apologize. i should have included that in there, as well. he's doing phenomenal work nonstop, around the clock. i speak with him many times a day. he's been working tirelessly to keep the public informed and still continues to work on the programs that he's involved in. i should have included that, but i will make sure that gets included in the next report. >> commissioner nakajo: thank you very much, chief wyrsch. i usually look for it in the

materials when i am present pr but that's the [inaudible] administratively, as well. my question next is to chief tong on her report, referencing page 17. chief tong, you on? >> yes. good morning, commissioners. >> commissioner nakajo: on page 17, in the action of challenges, it talks about finding appropriate spaces [inaudible] with cognitive impairment, psychiatric illness is becoming difficult. it talks about the fact that hearing progress has slowed for conservatorship. in many cases, they're being

continued until 2021. my concern is [inaudible] backlog and few openings for placement and admissions is reserved for only the most acute and high-risk client. my question is with this backlog and few openings, how does that affect our services out of e.m.s. 6 or our paramedic core in terms of trying to deal with clients and cases out there in the field? >> thank you, commissioner nakajo. [inaudible] chief andy tong of e.m.s. chief simon pang i think will be able to answer that better next month in his report of e.m.s. 6. but they continue to go out and deal with the clientele that they are aware of. they just have to work with

them that much harder, try to get them with the kinds of services, whether it's placement in a safe site, you know, so that they can be better watched, you know, or if they refuse, then they just have to make additional contacts with them as much as they can. i think it's been a challenge for, you know, just not only during covid, but also because those sites that people can, you know, be at or in terms of them being able to access the right kinds of services makes it much more difficult for them, and they just have to have more contact with these folks to make sure that they stay safe and they are getting the services that they can provide. >> commissioner nakajo: okay. thank you very much, chief tong. my second question is [inaudible] at the bottom of the page, it talks about transports to, and i just wanted to get a verification of

information that sometimes, according to this chart [inaudible] it's 96%. [inaudible] bernal campus at 12.72%, and the third was 8.72. is there a reason for st. francis memorial to have that high of a commitment is there a reason for that to be so high to st. francis and then to mission bernal? >> generally, it's the location of the patient. a lot of the more frequent users tend to be in the tenderloin area or the mission, so that's generally where they'll go if they don't have a hospital preference. they aju they'll just go to the closest facility. >> commissioner nakajo: okay. and is that the same in bernal heights or the mission?

>> that's correct. >> commissioner nakajo: okay. i didn't want to assume anything in the mission, with st. francis being the closest facility. thank you, chief tong. my next question would be for chief decascio. thank you, chief, for all of your work. part of this was answered by chief nicholson [inaudible] when it comes to parklets or shared space that the permits have to come out of d.p.w. and there's a whole set of regulations with that. chief nicholson gave the answers that i thought there was a limitation to the certificates or permit, and the permits are currently being run until december 31. and then, there's a 25% ability of restaurants to take in some clients.

there's been some talk, even in my community, that those who build the parklets or shared space are talking about maintaining it through the winter, which is a whole different set of problems because of the winter weather and the rain. some folks now are concerned with putting more money in the shared space parklet because of the longer period of time, and they're talking about maintaining those parklets and outside shared space as they try to maintain their volume in the restaurant. i just want a comment from you, chief fire marshal, that have you heard the same things in terms of these shared space parklets going beyond the expiration date of december 31 and going farther beyond that? how does that affect our department?

i know we're in a shared state with the city. i know there's a wish that they want to maintain these park lets [inaudibl -- parklets. could you give me a number of that, chief? i don't want to speculate. >> yes, commissioner nakajo, thank you for that question. so the numbers that we've received from d.p.w., the lead agency, and just so we're all on the same page on this, d.p.w. is the lead agency because these structures are out in the public right-of-way. if it was on private property, d.p.w. would not be the lead agency. so typically, on the sidewalk, it's d.p.w. anything in the middle of the street would be up to the parking spots. it's m.t.a. so we have identified approximately 700 permits

issued by d.p.w. as far as this program evolving to more of a permanent status, i think -- well, two things. number one, we have to ensure that we will have reasonable access to the building, to the structures, and a lot of these -- the ones we're having problems with that we have identified ad urgent are those where it's questionable where we're going to have fees of access to ground ladder operations. so that is our focus right now. as far as this program evolving, i think the biggest concern would be are they expanding the structures? are they putting roofs on them? what's the height of them? are they stringing them side by side the whole length of a block? these are things we haven't really seen yet, and we'd like to see -- you know, meet with d.p.w. and better understand, f if they're going to expand the program, what kind of things

looking forward as they're building up these parking lots to a greater extent. originally, the shared spaces program was intended for barricades, chairs, tables, and it's evolved to platforms and vertical, and as you know, the winter is coming upon us. that's all aour radar. we're having discussions, and our concern is fire department access. we will not compromise in our opinion or be allowed to sit by where we don't have access. it is on the radar with the expect of if the program is expanded, what does that look like and how [inaudible] does this program get, but right now, i don't have that. >> commissioner nakajo: thank you very much for that information, fire marshal.

again, i've seen varieties. i've seen folks -- i don't know where they get them, but they've used the police barricades -- barricade metals as a separation. they don't look very attract ti ti -- attractive, but some folks have done that. and then, i know in my area of town, japantown, the bureaucratic system is very tough. i've seen folks use loading dock platforms, wood platforms, that they've conducted and created and painted, but i've seen more fancy parklet shared space, now with their creations, and now, i've seen heater lamps, as well.

and again, my question was -- i know we all want to support small businesses, but i want to make sure that [inaudible] thank you very much, fire marshal, chief decascio, and president covington. zb . >> commissioner nakajo, i can answer that. [inaudible] in social media, so i'll read a short brief. lieutenant jonathan baxter has served as communication affairs and media relations officer since 2016 and grew his position to a renowned facility

[inaudible] he created surf and tsunami education warning program for the city's popular beaches. baxter developed a law enforcement response to fires when he started the [inaudible] and in 2019, outreach efforts [inaudible]. >> commissioner nakajo: thank you very much, chief wyrsch, for the acknowledgement of lieutenant baxter. very well deserved, as well. >> president covington: thank you, commissioner nakajo. all right. let's see -- oh, we need to go to vice president feinstein.

>> commissioner feinstein: there we go. good morning, all, and thank you, madam president. i just wanted to take one moment, and i know we all feel the same way to different degrees, but just to express my personal heartfelt condolences to the cortez family. it's got to be the worst nightmare that any family can possibly imagine or deal with. their lives will never be the same. i know those close to him will never be the same, and the department will never be the same. and, you know, i appreciate all the effort that is going in to

honor him for his service and commemorate him in the appropriate and safeway, so just extend my deepest sympathies. i sort of feel a little bit, as you expressed, chief nicholson, i have my packet of material with its red tabs on it. and i do hate to let chief wyrsch offline [inaudible] maybe you'll know the answer. maybe you won't. we'll see. it'll be a test, but i wanted to -- really, i thank commissioner nakajo. i'm trying to find you on m