the slave. i rise, i rise, i rise. cisco port commission for november 25th, 2024. roll call. president. kimberly brandon. vice president gail gilman. president. commissioner. willie adams. here. commissioner stephen engblom. here. and commissioner stephen lee. here. item two is the approval of minutes for the october 8th, 2024 port commission meeting. so moved. second. we have a motion

and a second. all in favor? aye. aye. any opposed? motion passes unanimously. the minutes of the october 8th, 2024 meeting are adopted. item three is public comment on executive session. is there any public comment on executive session? seeing none in the room. do we have anyone on the phone? let me open the lines for callers on the phone, please dial star three 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 public comment. at this time.e there are no callers for public comment. thank you. public comment is closed. next item please. item four is executive session. there is one executive session. item conference with legal counsel and real property

negotiator as agendized. motion to go into executive session. second. we have a motion and a second. all in favor? aye. any opposed? motion >> second. >> we have a motion and a second. all in favor? >> aye. >> motion passes unanimously. we are now in open session. >> item 6 the land acknowledgment. the san francisco port commission we acknowledge that we are on the unceded ancestral homeland of the ramaytush ohlone who are the original inhabitants of the san francisco peninsula. as the indigenous stewards of this land and in accordance with their traditions, the ramaytush ohlone have never ceded, lost nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. as guests, we recognize that we benefit from living and working on their traditional homeland. we wish to pay our respects by acknowledging the ancestors and relatives of the ramaytush community and by affirming their sovereign rights as first peoples. item 7 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. >> item 8 is announcements. please be advised the ringing and use of cell phones are prohibitedism a member as up to three minutes to make public comment on each item unless a shorter period is adopted on any item. public comment must be in respect to the current item. will take in person and remote public comment beginning with in person. for remote public comment dial

1-415-655-0001, enter access code, 26639801404, pound, pound. then dial star 3 to raise your hand to comment on the item discussed. audio prompts will signal when it is your turn to speak. if you are watching on sfgovtv there is a short delay. mute your device and listen to the meeting from the telephone with no delay. item 9, public comment on items not listed on the agenda. >> is there any public comment on items not listed on the agenda? seeing none, do we have anyone on the phone? >> at this time, there are no callers for public comment. >> thank you. public comment is closed. next item, please. >> item 10, the executive director's report and for callers who wish to make

public comment on this items, please dial star 3 to raise your hand to comment. >> good afternoon president brandon, vice president gilman, members of the commission. members of staff and members of the public. i'm elaine forbes, the port executive director. what is wrong with the front row? [laughter] it is a pleasure to update on our work in equity economic recovery, resilience and key waterfront projected toot. racial equity. november is native american heritage month. across the nation over 300 native languages were spoken. each representing unique traditions, many diminished due to past assimilation policy. this month is both a celebration and opportunity to reflect on resurfacing the rich traditions. port staff recently viewed the reckoning, native american boarding schools painful history which

reveals the abuse and family separation native children experienced in boarding schools. this deepens staff understanding and commitment to equity. launching in nwjanuary this program in partnership with the bay area conversation development commission will host 20 public school kids, juniors and seniors, half from priority zil codes in a training program. student engage in hands on activities, site tours and expert workshops tied to bcdc shoreline adaptation plan and collaborate on group projects and a opportunity to apply for summer internships with the porlt. port. fisherman wharf, with community district unveiled the revitalized promenade from powell and jefferson street to pier 45.

seven pergolas [indiscernible] the welcome center opens the day after thanksgiving. two kiosks are on the promenade [indiscernible] a apparel brand and [indiscernible] this was made possible by our 1.43 million grant economic coverry and beautification. food wide holiday market for saturday december 7 at the ferry plaza farmers market. supporting 15 plus black owned bay area businesses offering food, crafts and more. this free events is cosponsored by the port and celebrate local entrepreneurs during the holiday season and it a wonderful event. i'll move to resilience. to the world economic forum urban transformation summit.

in october we hosted the walking tour of the embarcadero to show case the port climate adaptation efforts in partnership with sf ferry and hudson property. brought together government and private sector leadings. now to [indiscernible] on november 15, over a hundred public school kids participated in a king tide walking tour learning about the impact of sea level rise in partdnership with the exploratorium and sfucd environmental teacher fellowship. intergained in activities and explored science. this event was covered by multiple media outlets and shared on the port social media highlighted commitment to educating young people.

key projects and have a lot to share. last month we celebrated the opening of bay front park. a 5.4 acre open space center near chase. feature lawns, bay trails, plaza, steel structures and native plants and designed to withstand sea level rise and a absolutely beautiful park. ep a clean port grant early november the port and sf bay ferry earned (5) 500-0000 from the ep a clean portsd grant program to complete the first in the nation high speed zero emission ferry network. this funding will buy a electifyed passenger ferry for 400 passengers, electify the downtown ferry terminal and builds the final part of the mission bay ferry landing with electric charging capability and funds maritime workforce development. the ferry ridership dwubled since 2010

and is rebounding strongly post pandemic so these investments position us to be one of it best ferry fleets in the nation. earlier this month joined mayor breed to announce a new civic partnership to redesign embarcadero plaza as part of the downtown [indiscernible] and the downtown sf partner integrate resilience needs and expand public place said. this isn't our land and we are not doing the project but i want to let everyone know but it is across the street. to projects we are doing, amdore street pump station roadway project. i think you want to advance the slide. this construction is expected to start next month and complete in 2026, address the sewer infrastructure,

damaged pavement. craen crane cove park is under construction for the dog park including the natural play area and children play structures and think it will be complete september 25. pier 23 repairs on the north apron damaged by a 2019 tug boat collision is underway and the pier 27 cruise terminal doing pile fender repairs from last year's ship collision. we have lots of projects underway. and that's closing i want to thank you all for your continued support. the initiatives the port is advancing show commitment to equity, economic recovery, and resilience and i look forward answering any questions and wish everyone a very welcome wonderful thanksgiving. >> thank you. great report. is there any public comment on the executive director's report? seeing none, do we have anyone on the phone? >> there are no callers for

public comment. >> thank you. commissioner engblom. >> thank you for the report director. a lot of good content. i would just say, i had the honor to attend personally high ambition climate coalition conference last week and there was presentation about what ports around the country are doing and the ferry system here was highlighted and there was a lot of interest from commissioners there, commissioner from los angeles and san diego were interested in that so congratulations to the staff and the port that worked on that. thanks. >> thank you. commissioner adams. commissioner lee. >> well, elaine, great report. i really like the park behind chase. especially when they reuse the bridge, the bay bridge girders as part of the artwork, which is very ingenius how the made the bridge.

great the finally-i know the warriors have been wanting it is the ferry terminal to be activated so we can actually take water taxies from ferry buildings down to chase now without having to go through traffic. the improvements in fisherman wharf by pier 45 is great. we need to continue the tourism experience. i mean, social media has really pushed everybody to experience new things. videos and stuff, so my hope-because i was there with the fisherman last month and i want to--maybe you can schedule another meeting in the new year. i want to go to their pier 45 and see their how they do their operations. maybe we can help out mitigate some of the issues with the developer.

my thing is, we are dredging behind [indiscernible] now, and i could see that we could put at least 15 fisher boats back there. fisherman boats back there and get that to be the off-boat sales terminal. we have a cruise terminal. we should have a place where the public can buy fish off boat. now only 5 boats can go in there now, so i asked them, do you guys fight? we sign up and deal with it later. it will be great if there is at least 15 berths in there to get set up and have the first off sale boat with commissioner gilman sign saying buy your fish here. that is the future and should be the goal in 2026 to get that up and running for the summer.

that's part of my vision for 2025, 2026, to have more visitor experience on our port. and fisherman wharf especially. other then that, it was is great. i look forward to 2025. >> thank you. vice president gilman. >> thank you director forbes for a great report and once again, i really want to uplift and congratulate the staff and all the hard work that went into the ep a grant. that was a large allocation on the west coast and look a lot of work with us to coordinate that, both for the electrification of it ferry, the ferry stuff, about we should really us and bcdc should be really proud of and it worked like to pull down the federal dollars to leverage the local resources so i want to congratulate the staff. looking to 2025 and slightly on new

business, and might be get wrong, but it was highlighted on the news cal maritime, the college we tried to link interns to has merged with cal poly san luis obispo so i love to understand more in 2025 what opportunities that could give us here in san francisco to either through internship program or outreaches, particularly some of the communities in the southeast waterfront how to do more linkage to have that be a education pathway for students in san francisco and the bay. lev to see how we can capitalize on that as a pathway to try to get more folks to the maritime industry and keep the linkage in san francisco. great report and great work on all fronts for the staff. >> thank you. elaine, thank you so much for your report. it is full of great great happenings along the waterfront and just so wonderful to see all the

educational activities happening here at the port, and all of the new parks. the new parks and upgrading of existing parks, it is just more to bring people to the waterfront so the staff is doing a phenomenal job. i are want to report that, i was able to attend the american association of port authorities with vice president gilman, director forbes, mike, andreand [indiscernible] it was a great conference. there was a commissioner symposium one day and several workshops and panels with great information. also gave us a chance to bond as commission and staff and really get to know each other better and just really commend director forbes leadership and how she has made this such a wonderful place for everybody to work at the port and how well respected she is.

we were also able to meet with the california association of port authorities and have dinner and we got that sneak notification of the billion dollars that went to grants to the california port so everybody was so excited at the conference and then to come back and have the press conference us receiving the $55 million grant and staff continue tado a great job and finding resources to fund the port. thank you. next item, please. >> item 11 is consent calendar. for callers who wish to comment, please dial star 3 to raise your hand to comment. 11 a, request retroactive approval for members of the san francisco port commission to travel with port staff to boston, massachusetts on october 27-30, 2024 to attend the american association of port authority annual

convention. that is resolution 24-52. 11b, request approval to adopt the 2025 port commission calendar which sets dates outside of regular meetings held on second tuesday of each month and the 4th tuesday during the month of february and april. resolution 24-53. >> make a motion to move the consent. >> second. >> we will open up for public comment. any public comment on the consent agenda? seeing none, do we have anyone on the phones? >> there are no callers for public comment. >> okay. we have a motion and a second. all in favor? >> aye. >> the motion passes. resolution s 24-52 and 24-53 are adopted. >> item 12a, informational presentation regarding the recommended contracting

strategy to advance waterfront resilience program. for callers who wish to comment dial star 3. >> madam president, i will recuse myself from 12 a-c. essential conflicts i may have. >> okay. thank you. >> good afternoon president brandon, vice president gilman, commissioners, director forbes, members of the public. brad benson, the port waterfront resilience program director happy to have time to talk about our proposed contracting strategy to support the work have been doing and the resilience program over the next 5 or more years. we were last in front of the commission providing major updates last december. we talked at that time about the work we have done under our existing

program madgeagement contract, the jacob contract and authorization to advertise rfp's for a number of design contracts for early projects, so this is a follow on to that presentation. we want to provide a high level overview of the contracting strategy, talk about program milestones over the course of this year and recommended next steps for the program. we'll talk about the work in the program over the next 5 years as see it now,b provide a high level over view of budget and describe in more detail those proposed contracts and how they relate to one another. and before i dive in, i wanted to mention that we have representatives from our sister agencies here. these are folks who have been working with us to develop the draft plan with

the army corp of engineers. mia small from sfmta, jeremy shaw from the planning department. sharea sara [indiscernible] puc and eric vaughan. it is a honor to work with them and colleagues on the work so thank you for being here. also have all the resilience program staff here today. they have been working together on this so if i can ask folks to raise your hand from the resilience program. thank you for being here. so, as i mentioned, the program is largely supported by one contract since 2017. it is a program with ch2m now jacobs providing program management service, engineering, planning and environmental services. it is the work horse contract for the program. now we are moving to a phase in the

program where we really need to diversify that contracting strategy and so we are proposing a new program advisory services contract. a five year contract for $40 million with a extension option up to 5 years and additional $40 million subject to the commission approval. that extension option. we are seeking your authorization to advertise thatd contract with item 12b on the calendar. we mentioned those design projects that you authorized us to advertise. getting ready to advertise those contracts. there will be three of those design contracts to design four projects. the [indiscernible] j9 replacement project, the pier 15 and pier 9 seawall earthquake safety project, similar design work so those would be combined in one contract and then the south beach resilience

project for which we have a coasting conservancy grant. we are expect to be back to the commission with a request to award in the spring of this next year. and then we are poposing two additional large contracts to advance planning and design of the army corp draft plan. we are proposing to break these up into a southern waterfront contract for up to 10 years and $50 million, and then a northern waterfront contract that include design of the downtown coastal resilience project in this area up to 10 years and $65 million. that additional cost in the northern waterfront is due to design that downtown coastal resilience project. we hope to be back to the commission in january to seek your

authorization to advertise those contracts and we'll have more detail about the scope at that time. now we'll go over what happened this past year. it has been a blur, but a lot of good things happened earl ea in the year we released the dpraft report with the army corp engineers that included a draft plan for coastal flood defenses. we engaged in robust public engagement over the successive two months. multiple events, presentations to regulatory agencies. we had all most a thousand people participating. and heard very robust feedback, but a lot of appreciation that the army corp and the port and the city were pursuing this work. i will say one big city comment we heard in the city comment

letter was, really desire for the city to lead design of the draft plan. this is a very unique waterfront highly complicated in terms of the city infrastructure system and there seemed to be a unified sense from city departments the city should lead that design efforts opposed to the army corp. in summer the end of june we had something called the army corp agency decision milestone. this is really where the senior leaders of the army corp get together reviewing the work of the project delivery team, hearing about all their technical experts across the corp and how they commented on the plan and they were very pleased with the work and endorsed the plan. that is a keymile stone. they recommended an additional $3.2 million to complete the study by 2026.

we will be back to you we hope in december with a recommendation to amend our agreement with the army corp to account for that additional budget to complete the study. and on to our recommendations for next steps for this work. we have about a year and a half of work to complete the study. that would result in a chief's report to congress. we hope in time for the 2026 water resources development act. we are proposing the next year when most of the technical work is done to advance design of the draft plan under an agreement with the army corp. which would lead city lead construction of first actions. so, let me talk more about the work program over the next 5 years. we got 6 early projects that

are advancing through design. these have been most of them accept for pier 50 project through the alternative analysis process. they are all most at conceptual design. we got the budgets for each of these projects as we know them today. we will have firmer understanding of budget, scope and schedule when we reach the 10 percent conceptual design. there is one thing i want to point out which is two of them the downtown coastal resilience project and the south beach resilience project are actually potential early implementation actions of the army corp plan. we are posing to rebuild the shoreline, seismically safe, elevate the shoreline. these projects have the potential to be the first action for the army corp plan and the reason that's important is there is a way we can get credit for our expenditures on these projects towards future 35 percent match

when congress approves the project. so, that is a big part of the financial strategy we are recommending today is we focus our expenditures in a way that can earn credit towards that future match. the other plan i want to make about this is the way we structured our projects is with decision stage dates. so, right now we are working our way up to conceptual design, there will be later decisions to advance the final design and construction, including the contracts the commission would authorize to support that work and that's to enable port leadership to really meter spending to available resources. we are resource constrained. that's the early projects. let me move on to the big effort to advance planning and design of the army corp draft plan. i talked about dividing this effort into the southern waterfront segment

from about mission creek down to the port southern boundary and then the northern section also from mission creek up to fisher manufacture wharf including the downtown coastal resilience project. these are big efforts that will be looking at how are we treating all the city infrastructure systems. the light rail facilities in the future adaptation zone. the combined sewer system. how we manage inland drainage. we decided to recommend splitting these up into geographic areas because there is a lot of work here and we are worried about capacity of teams and think it is better to have two consultant teams advancing the work so we have strong players from each of the teams doing the work. we were proposing to divide this fwh to three stage dates. again, decision gates to help port leadership meter spending over time to

available resources. you will see we think we can advance the work over the next couple years for $15 million per contract. expenses will go up towards the tail end of the contract s. when we identified areas where we want detailed design of early implementation actions. now just to go over the proposed budget for a moment. this is described in more detail in your report. president brandon, you recall you asked we provide an overview of the waterfront resilience program budget that we dont just come a port capital request but try to paint a complete picture. that is what we are trying to do here is looking out over the next 5 years. the combination of bond and other sources that will be needed to support the program, and you note that that

totals through 29-2030, $742 million, which is in excess of the funding we have today, so we have a clear funding gap and i want to go into that in more detail. so, looking at proposed expenditures, and then anticipated sources, we anticipate a gap of $275 million. about hundred million dollars in bond funding and $175 million in other sources to be able to do all of this work. just harkening back to the stage gates, that is why the stage gates are important. we can go out and pursue other sources, but if we dont realize those sources we can meter the work. what sources are we looking at in order to fill that gap? we have made the case to the

city the office of resilience and capital planning and city administrator that we really need this program, this large city serving program to be reflected in the city's 10 year capital plan, so we need sources beyond the port's capital program to support this work. we are looking for contributions from other departments and started to see those. we think transportation funding is a key part of the picture because all the transportation sources impacted our colleagueed at mta are working on a protect grant application now to fund some of this work. there is new general obligation bond proposed for 2028 in the amount of $250 million. that is not guaranteed. that is just a proposal and the city go bond planning, but we need to support planning for that bond. california voters just adopted

proposition 4, the california climate bond by a good margin. we helped develop some of the language in that bond to support urban waterfront adaptation, so we think that is a likely source for the program and then if the project is authorized by congress in 2026, that opens the door to federal sources through the army corp of engineers. that is the overarching strategy to fill the funding bap and we owe you a more detailed funding plan in the new year. so, i want to close by describing the relationships between these contracts. so the program advisory services contract is really a tool by which we'll help manage some of these other contracts. through that contract, we'll have program management support. this is advice to help build the program as we scale up.

we do our environmental clearance work through the program advisory services contract. independent cost estimating and design reviews. work contracts coming from other design contracts will be reviewed here and get independent cost estimates to support our planning-program planning going forward. we heard the importance of hazardatize materials and addressing contaminated sites. this contract will be the vehicle through which we do that work, and then in consultation with partners at the public utilities commission, also look at inland drainage, combined flooding analysis through this vehicle. that will help us provide oversight for the early projects contracts. and then very similarly for the planning and design contracts for the army corp draft plan, we'll have similar program oversight through this

contract. so, in closing, we are taking a big step here from one major contract to support the program to 6 contracts here. much greater er dollar value, metered through stage gates. making a clear recommendation to advance the army corp draft plan with city and lead and army corp looking over the city shoulder as we advance design. and so i think i'm done there. staff request feedback on the contracting strategy and the terms and scope of the contracts. we are here to answer any questions you have. >> thank you. >> thank you. >> great report. now open up for public comment. is there any public comment on this item?

seeing none, do we have anyone on the phone? >> at this time, there are no callers for public comment. >> thank you. public comment is closed. commissioner adams. >> excellent report. i appreciate that you brought the whole team here. clearly this is a team effort concept. i'm hoping that-we have gotten a lot of funding and support from the government and i know our government will change in january. we all know that. i hope that we continue to lobby in dc, both sides and not look at the party, but look at the issues. this is too important to get caught up in politics. we got to deliver on this. this is important for future generations because there are those that don't believe in sea level rise and off shore wind and we got to be

patient and calm but we are in the middle of this and get this thing done and hope we can get bipartisan support to finish this project because it is too important. we are right in the middle of this and might be in the middle of a storm so i appreciate it. let's continue to do anything you need from the commissioners, but let's make the moves we need to do and play chess, checkers and make the moves we need on that board to get this thing done and we need to deliver this for our great city of san francico and for future generations. thank you. >> thank you. commissioner lee. >> i have no comment other then it is a lot of money. you know, when you design these things, what is the usual lifespan you guys think about? 50 years down the road? it takes 10 year to get this thing planned. 15 with delays, and finally start building and all a sudden your design

is obsolete. how do you guys--i'm not a engineer, just a businessman but how do you forecast? and >> it is a good question and director forbes asked similar questions of the team. we look out over 7 and a half miles of waterfront and clearly not going to design and build all that within the next 10, 15 years. it will take decades to build that out. we are hoping to move efficiently through the design process with the army corp. i know this is their expectation is we design efficiently and we will try and move through the planning process just far enough to identify the locations where we will build first. so, i talked about that downtown coastal resilience project, we are really looking there at a project that is just a little north of the ferry building and extending down to about the bay bridge or maybe not

even that far. that could provide important flood defenses for bart and muni, so they dont flood, and that's a implementable project within the next few years. we hope we can get through design of the project in the next three plus years or so with in the ground constructing. and then as technology changes, as the city shoreline and neighborhoods change, we'll undertake design efforts at a the changes so what we design today isn't obsolete. i don't know if that gets at your question. >> pretty much. i hope that some of the research done under our small businesses and northern waterfront, because part of our delay of renting these places is because the infrastructure underneath and so if somehow you guys can think of

some priority depending how you look at this thing, otherwise we'll never fill those storefronts, because they rely on us to fix those before they move in. >> if i could comment on the fisherman wharf restaurants. the resilience program isn't going to be the way in which we resolve those particular restaurants in any major way, because as you recall from the program, fisherman wharf is higher line level so it lead the seismic conditions to the port and the city to resolve and the brokering to fill the restaurants is working. we have dinosaur restaurants that need a lot of work and put tenant improvement dollars in. we'll come soon to talk about the strategies and megan economic recovery report you will hear more, but i didn't want you to feel this will take [indiscernible]

>> it is unclear because when you say you think it is whole 7 and a half miles, but it is going to be up to a certain point and then affcourse we have to take care of the rest. okay, that clears myself on that. you know where we are going. that is my concern is them and the fisherman. we are spending all this money, mine as well fix it all. >> i with will say director forbes direction to look how to leverage these investments to improve port facilities so hopefully we are opening up those retail and other opportunities. >> great. thank you. >> thank you. vice president gilman. >> thanks for a great report. my comment is i like the strategy. i like breaking up the contracts and like the ag the long game on it. we have other items related to this coming up, but i really

appreciate it breaking up between the sorn southern and northern waterfront so good strategy. >> thank you very much. >> thank you brad. this was a great report and thank you for giving a overview of everything. like commissioner lee said, it is a lot of money. i really like the collaboration between the city departments. i think that is great and will put us as advantage if we work together from the beginning because it will take everyone to really make this happen and i think that an outstanding job is done on public engagement. i don't think there is anybody in san francisco that doesn't know about our resilience plan. i think a really good job was done and i do support the city leading the design effort. i think that's great too because again, it will take all city departments to make this happen.

we all need to be on the same page and collaboration, so thank you. >> thank you very much. >> next item, please. >> item 12, b, request authorization to advertise request for proposals for 5 year $40 million contract with an option to extend for up to 5 years and up to an additional $40 million to support the waterfront resilience program. this is resolution 24-54. for callers who wish to comment on this item, please dial star 3 to raise your hand to comment. >> commissioners. so, this is a follow on item about the first of these major contracts. the program advisory services contract. i will give a little bit of overview about the jacob's contract then talk about the capacity term lbe goal and funding for this proposed

contract. go at a very high level over proposed scope and seek your authorization to advertise this contract. you may remember this image from the december staff report through the jacob's contract. we really built the waterfront resilience program from glound up starting with the multihazards risk assessment. looking at seismic measures and flood measures, arrange of alternatives to support the coastal flood study, prop a projects selection, advancing those prop a projects through the stages of pre-design to get to this army corp recommended plan and the early projects we are working on now. the remaining scope of this contract is going to get us through june and no farther. it will be hard to get through june under this contract. we have really been trying to limit how much we are using it and want

to focus the efforts on completing the army corp study. there is a missing bullet here. there are really two things this contract is going to do between now and june. provide program management support for all the different disciplines of work that need to be complete frd the flood study. and also engineering and cost estimating. the army corp is looking to us to provide some of those services. and that will exhaust the $60 million contract that the commission has authorized. for fuller explanation of the contract i point folks to the december 2023that details the work done under this contract. so, we are proposing a new program service contract with initial 5 year term and $40 million. there would be a option to extend up to $40 million and up to 5 years.

subject to port commission approval. we think it isn't likely that this item will start until probably summer of this year, so it is already out of date. cmd, the contract monitoring division issued a 20 percent goal. there is a memo from cmd attached to your staff report and we are looking at three funding sources to fund the work under this contract. proposition a bond funding, port harbor funds for non bond eligible expenses, and our colleagues at the sfpuc suggested they can provide funding to support some that inland drainage and combined flooding work we talked about earlier. getting into the details of the scope of work. management support and program planning is very complicated putting together a

program like this. this new team will take on the work following where jacob's left off. support interface with army corp. we really need this detailed army corp expertise. we know where we have been with army corp but don't always know where we are going and army corp regulations are very complicated. looking for technical review and independent cost estimate and cost verification. we'll do all the environmental compliance work under this contract. we are looking at communications support both for the early projects design and for advancing planning and design of the draft plan with the army corp. funding and advocacy support to your point commissioner adams, we need to be out there looking at all levels of government for additional sources to fill the gap.

this is a non-bond eligible expense under this contract. looking for opportunities to develop both port and city staff through training opportunities related to resilience and program development at this scale. i think this is something that our unions are going to welcome is that while we bringing on experts to support the program, they are sharing some of the expertise with city staff so we can grow as well. there will be capacity under this contract to enter into pre-design of new early projects, but i want to be clear about what this is. so, you'll recall that the army corp draft plan only rebuilds the coast up to pier 27 and relies on flood proofing up in the wharf area. it may be port leadership wants to advance more early projects up

in the wharf. this would be the vehicle through which we would do pre-design of those projects. we'll continue our work on workforce development and small business engagement. i will say director forbes, i was inspired by the discussion last week about the ep a grant and some of the workforce development that is happening there to get people into the maritime unions and your mention of the seawall in that discussion. we really need to builds a workforce and provide opportunities for our local residents. then that interior drainage and utility coordination work and importantly, real estate coordination is one of the obligations of a local sponsor and remember army corp project is we make the land development to build coastal flood defenses that requires close coordination with tenants thinking about potential tenant relocation when that is needed.

this will help us put together the plan for how we go about that work. so, that's the high level over view of the scope. under the resolution we are requesting authority to advertise for this contract. we will do broad outreach. we think there will be a lot of interest in doing this work for the waterfront resilience program based on initial market response. we do want to flag for perspective bidders that including subcontractors that there are potential conflicts of interest here that they will need to consult with their attorneys about to determine their own conflicts. and with that, i will stop and ask if the commission has any questions. >> thank you. great report. can i is a motion? >> make a motion to move the item. >> second. >> is there any public comment on this item?

seeing none--is there anyone on the phone? >> at this time, there are no callers for public comment. >> thank you. public comment is closed. commissioner lee. >> no comment. >> commissioner adams. >> i want to go back to something that commissioner [indiscernible] i looked it up. we were in new orleans 5 years ago, president brandon and megan they spent over $14 billion and they said now that after 11 months the levies will only be good for about 4 years. he asked about the amount of money and president brandon also said that, that is a lot of money and we saw that down there. $14 billion and was asking how long is this hardware good for. i am in support of this, but i just look this up and that's

something to think about, spend $14 billion and only good for 4 years and have to think about it. thank you commissioner lee. >> that reminds me that i may not have provided a tote aelg clear answer on this. we are looking at design life for all the improvements that we are planning to build of 50 years or more and so for the multibillion investment we are looking for a lot longer design life then you are talking about. >> [indiscernible] >> i was not aware of what you are talking about with new orleans. that was news to me. >> thank you. >> thank you. >> thank you. vice president gilman. >> i have to clarify questions. peaks my curiosity. could you elaborate on scope number 12? i am [indiscernible] workforce development and small business engagement means.

>> do you want to take this one? >> dpood afternoon. we will have a lot of work and we don't know what the workforce is right now and how to train them for this work coming up and we dont know which projects will go into construction. once we have a better idea as design moves forward we will be able to know looking backwards from start of construction to plan for the workforce. this contract will help us do that. help us determine what the current state of the workforce is now, where the gaps are and how we can train people to be ready for the contracts that go out for construction. >> okay. >> for small business engagement it is trying to get as many lbe and small businesses able to participate in our contracts. >> okay. thank you. that's not what i interpreted so i appreciate the clarification. >> sure. >> thank you so much. and then, you mentioned the

very end that people bidding on or looking at this need to check their conflicts of interest. sorry, can you talk more about that? >> let me give one example. there will be high level guidance in the rfp that go out around this, but i talked about the program advisory contract and how under that cont there will be review of designs that are coming from other contracts and also independent cost estimating. you can't do design review of your own design. >> got it. >> or cost estimating of your own design. so, if in the program advisory contract you can't do those other design- >> you are basically saying you won't bid on those other things or doing those other services. >> yeah, but channelling the city attorney it is up to each bidder to consult with their own

attorneys to figure out their own conflicts in the contracting situations. we'll provide high level guidance, very similar to what the puc provides, but we are not going to provide detailed advise to perfective bidders on this. did i get that right, michelle? >> thank you. yes, you did. one thing that all the bidders will have a opportunity is submit questions in a the bid is open so if there is confusion we will be able to give clarity, but we do not advise [indiscernible] we dont advise the individuals you will be contracting with. >> these contracts will come back to us for ratification? >> yes. >> we feel there is a conflict someone has fire [indiscernible] i am concerned now that i don't-about awarding a contract to someone under this that might be coming

around as a part of the subsidiary, like a large company with multiple channels and multiple divisions that you peaked anxiety a bit. >> it is something we are keeping on eye on and consulting with the city attorney and looking how other departments like the puc explain these potential conflicts to bidders. we just want to provide as much information as we can so people can navigate this process and choose where they want to put their energy bidding and yes, all of these contracts are coming back to the commission. you will know if there is contversery when we get ready to award. >> okay. i think in the good government we are are in now and always in and particularly now always good to be careful. thank you for the clar fiications and supportive of the item. >> thank you. great report. i want to thank jacob's for getting us

to this point. i think we had a great working relationship and so i want to acknowledge all the work they have done over the past 4, 5 years to get us to this point, because we are at a great point. my only question is regarding the scope of services and how do we know how much will be in each scope? meaning, how much will we spend on staff development? how much do we spend on communication or are we leaving that up to the respondent to tell us what we need? >> so, this is again a task based contract. we are not going to ask people in the bid process to provide bid amounts for these subtasks. the contracts for $40 million, 5 years, and when we go to issue a task request

to the contractor, we'll provide a high level scope for the work we want them to do and they will provide a proposed budget for doing that work, which we then review at multiple levels within the port, so we review within the resilience program, it is also reviewed by finance and admin and that bid amount can either be a lump sum, for which they complete all the work, or a time and materials estimate that would be built on time and material basis, so that is the way the task based contracts work. >> interesting. so, how we work in the past is we had a scope of work and wehole pots of money going to each scope approved by the commission and then tasks were done however they are done. so, are you saying that we just have a

open $40 million and when will commission see how we are spending this money? >> this similar to how the jacob's contract was set up. it is exactly the same and similar to how engineering needed contracts are set up. there is a amount for total contract and then staff go develop specific scopes and get bids from the contractors to fulfill that work. we would provide regular updates to the commission and we could do that on a quarterly basis. >> i just remember before approving contracts we have seen the scope of work. we have seen how much we want to spend on communication. we have seen how much we want to spend on environmental review.

funding and advocacy. i'm a little confused here. it could be me. >> actually, when they submit the bids there will be a fee proposal and broken down by scope. we will present-this is a task based, so these are estimates. >> i get that part. i get that. >> you will be able to review and approve the final contract that way. >> okay, so when does that happen? >> when we come back for award in-- >> so-okay. okay. >> in the proposal they will have the breakdown. >> so, i guess that was my question. the respondent will tell us what they think they need to spend in each area in order to complete the task. >> their proposal-there will be a negotiation submitted and once the port and consultant agree on a final

scope and budget we will present that to you. >> got it. okay. thank you. i appreciate that. thank you very much. those are my questions. whether all in favor? >> aye. >> any opposed? next item, please. >> item 12c, request for approval of appropriation of the third bond issuance in the amount of $124 million of 2018 proposition a general obligation bonds known as the embarcadero seawall earthquake safety bonds to support program advisory services early projects and the san francisco waterfront coastal flood study general investigation. flood stuzy. resolution 24-55. for callers who wish to comment, please dial star 3 to raise your hand

to comment. >> i am back. carlos with the waterfront resilience program. thank brad for presenting the path forward and here to ask permission to fund it. so, this is a third bond request. this one is $124 million. we had two prior bond requests. the first bond sale of $49.7 million. we pretty much spnt all of it. there is about $150 thousand remaining with 130 that cost of issuance, so the controller audit fund and go box fee. first bond sale is expended. the second bond sale, which is 2023, we spent $14.2 million. the remaining funds in the bond sale will go towards the $21 million in contracts that brad discussed in item 12 a design contracts.

and you'll see here how we spent the bond to date that 22.2 balance again the $21 million of design contracts will come from here and so this get us to spring of 2025. the third bond sale will take us forward. i do think it is a good highlight. of the bond expenditures 25 percent of it had gone to lbe and i will be back in a future commission meeting to give more detail presentation on where those funds went. so, this is how we plan to spend our funds to the next 2 and a half years. you see the full bond amount, $124 million, 110, 111, 90 percent is for contracts. there is a lot of opportunities for work and lbe to provide services in the

contract brad discribed in the presentations. this bond sale is part of four bond sales for total of $571 million. we are part of the earthquake safety emergency response bond and two affordable housing bonds. so, we are here today ask permission or approve resolution to authorize appropriate $124 million. we already have been to the capital planning committee and we went couple weeks ago to budget and finance. we are here today to ask your approval and we go to the board of supervisors the following week for the approval of first vote. bond sales we expect to be in january which hopefully will have the funds soon after and continue to fund the program forward. and that's my presentation. >> thank you. >> any questions? >> thank you. can i have a motion?

>> i move the item. >> second. >> is there any public comment on this item? seeing none, do we have anyone on the phone? >> at this time, there are no callers for public comment. >> thank you. public comment is closed. commissioner adams. >> i am in favor. what does labor include? >> pretty much management of the contract. port labor working on individual early projects is inclooded included in the early project line item. >> we won't see that? >> [indiscernible] >> steven reel. okay. thank you. >> commissioner lee. >> how much that is work in the ground?

other then planning? i can see the big lump sum and see studies after study. how much of this-do i see a yellow graph of actually sticks in the ground or concrete being poured or is this all still in the planning stages? >> besides the work done now at wharf g9, it is all planning phases. we will come back in 2027 with another bond sale request fund ing construction. >> wow. [laughter] okay. my question is, $125 million and still in the planning. okay, that's all the questions i have. i look forward for a breakdown to see how much of this is spent on material and actually getting something built. >> i can provide a more detailed break down of early projects and cost moving forward in the next two years. >> that would be great. thank you. >> vice president gilman.

>> i have no questions, thank you. >> thank you carlos. it is lot of money. and hopefully we are planning for very long-term. if there are no comments or questions, i is a motion and a second? all in favor? >> aye. >> any opposed? motion passes unanimously. resolution 24-55 is adopted. next item, please. >> item 13 a is informational presentation on responses to the port's request for interest from maritime dredges and construction firms. for callers who wish to comment, dial star 3 to raise your hand to comment.

>> good afternoon. [indiscernible] chief operating officer. i want to say a few opening comments before i hand this over for the presentation today. we presented earlier this year about the ports dredging contact being expiring and need to move ahead. we put together interdivisional working group including the maritime division engineering maintenance planning and environment as well as our finance admin contracts experts and i just are want ed to step up and the

prior set of items is a good lead in because the dollar amounts are not as large, contracts are really our instrument to do things. as we learned through this particular exercise, it isn't enough to say this is what i want, let's go get it. we really benefit from a lot more strategy in terms of how best to not only achieve the thing in front of us, but also reach additional policy goals the commission has laid out for us in terms of more contractors benefiting from port contracts, more local business enterprise, benefiting from port contracts. and i think we had a interesting helpful dialogue to tee up the best way forward for the port to realize that set of goals still doing the things we need to do as a port of dredging and keeping available maritime business opportunities. this is my chance to sort of really express appreciation for alexander tut and the contracts team, because a lot of times the other divisions show up and say this is what i need,

get it done. we have this long list of contracts we need to get done now but we are doing it and i think a lot of things you saw in the executive director report about what we are able to achieve with a lot of partnerships flow from the nuts and bolts work that will show in the item. i want to frame that a bit. we are interested in your feedback of the range of thing weez are talking about and hopeful to move ahead to keep the dredging and maritime operations going next year. i will hand it off to elizabeth. >> thank you mike for the kind words and introduction. good afternoon president brandon and commissioners. senior staff. my name is elizabeth and i will talk about the responses from the lbe community and our survey as well as the rfi for dredging and marine

construction. in april, the port staff expressed concern about the amount of over water work was not sizable enough to incentivize to procuring certification and developing business capacity needed to perform the marine construction work including dredging and that is where we had lbe wavers. we [indiscernible] studied industry and included adjacent industries to broaden interest and find potential pathways to cover over near water work for the lbe and come back to the port commission with recommendations. here we are today. what you see before you on the slide is a three prong approached the port took to assess availability of lbe, what we are calling other certified firms and then larger firms from marine construction and dredging. we access availability, identify stepping stones into marine construction and dredging based

on lbe and leader feedback and barriers to entry better to offer mitigation strategies. the first box you can see the port is local business enterprise survey. conducted with cmd and the port. we first wanted to assess interest availability and the barriers for lbe and over near water works. the survey performed prior to the writing of the rfi to inform the rfi. created target list of 200lbe and port based on outreach and [indiscernible] port staff called and left voice messages for over 200lbe and had 31 conversations with lbe owners encouraging them to respond for the survey. many lbe i center to be honest doubted the

[indiscernible] saturated with good faith efforts outreach they dont think are going anywhere so it was important to invest staff time to have conversations, leave messages and talk to lbe to encourage them to give us feedback we are sincere in our efforts. cmd announced the survey at the lbe advisory committee and alsosent a link in the news letter. in addition to e-mail blasts, cmd was conductsing their own outreach and got 48lbe responding which we was very informative and meeting answers. second, the blue square in the middle, we wanted to understand in other minority and women owned business, veteran owned businesses, small businesses that are certified in other agencies--other folks

performing marine construction, dredging work and maybe we can learn from them. the port replicated the lbe surveys, changed the language and sent out to over 6,000 calling for purpose of the presentation, other certified firms. and again, to understand the availability barriers and interest in the broader community, and we received 49 responses. and then finally after receiving the survey responses from the lbe and the other certified firms, we analyzed those results, worked with subject matter experts and helped develop request for interest for dredging and marine construction. with the goal of deeply understanding the marine construction and dredging industries from inside, identifying challenges to mitigate the challenges and evaluate availability in the diversity of firms in the industry. we wanted to assess adding

marine construction opened lbe opportunities or more broader contractor pool. we sent this to all the lbe and other certified firms that responded. we felt we really bum barded in the first 2 surveys so sent to folks who responded to lbe and second survey, as well as we did research into who is doing marine construction and dredging along the west coast. we received 11 very thorough responses. our subject matter experts believe is representative of industry. let's get to the results. the first important dist tinction is divide dredging to shallow versus deep water dredges. this is a important dist tinction we haven't made before. there is different certifications, safety concerns and equipment

required for shallow dredging and deep water dredging. for example, you can do shallow dredging with excavator and don't need a big dredge you would under deep water dredging. it is important to note that the lbe and other certified firms are self-reporting capabilities so we are reporting on what they self-reported. the industry leading firms provided product description and promotional materials highlighting marine construction and dredging experiences. the port wasn't able to confirm lbe and other certified firm qualification, but we report on direct responses here. we received that one lbe performed shoreline onbarge shallow dredging so over water work. two lbe performed scope related to shallow dredging from the shoreline. and two other lbe performed professional services related to marine construction and dredging such as hydro graphic surveying which is the

surveying that happens during the process. to monitor the dredge. there are two other certified firms who perform shoreline dredging and on barge shallow dredging. we do have some level of capabilities. and finally, there is one federally certified alaska native corporation that performs marine construction and deep water dredging. able to assess what are the capabilities of regarding just dredging. also deep water dredging, there isn't a lot of availability. we received three non lbe to perform the deep water dredging. staff thinks maybe there are 5 total, so we got 60 percent of those probably able to perform this level work. two of the firms have equipment locally and one moved their equipment up and down the coast based on contract needs. only these firms only the three firms were assessed to be able to

move the dredge spoils to proper disposal sites which is important component of dredging and each of these three larger firms noted the difficulty finding staff. so, because the dredge window is short, there isn't a big incentive for folks looking to work in this industry to enter it. they are lacking for more jobs that are year-round or larger work window. all the firms noted they are competing for staff ask the staff are not local. that was important information. and they all noted want key to success in these industries is scheduling and preparation. we learned about the staffing need from the surveys. so, moving to marine construction. we call marine construction any construction along the shoreline or

over water. there is slightly more experience and possibilities in the marine construction world. we have two lbe that performed pile driving from the shoreline and one from a barge. we have 5 other certified firms that have related experience to shoreline or over water construction work. 13 of the other certified firms have the equipment that might be required to perform over water work. and then among the non lbe there is more experience. there is 5 of the respondents have marine construction and equipment along the west coast. some of the observations that we found interesting was that, because the non lbe noted the industry is so small and the scopes are so small that

and the certifications, every jurisdiction had its own certification. sometime the small firms might not see incentive to become certified, because if they had relationships and getting work, that is great. they may notpt want to go through the process to get certify in every jurisdiction because most get wavers. they scr have a business inclusionary requirement. in the second one was, over water construction work has a lot of on land capabilities and needs. when you're demolishing over the water you bring to the shore side and the creates on shore on land work. there is sorting and handling of construction waste, has mat testing and [indiscernible] fabrication of components installed over the water, so those might be opportunities for us to think

about bringing folks closer into the marine construction world. interesting to noted, some lbe not interested in over water work. they have business model focus on what they do well and improving business practice and capability to grow in their comfort zone and there are a lot of over land jobs to grow in so it for us to make the case and build the stepping stone to bring people into over water work. this slide identifies biggest challenges that were identified by lbe or larger firms in bringing emerging firms into over water work and into the marine construction world. one we found particularly compelling is many of the smaller firms, including lbe had individuals owned by workers who had left some of the

dredging companies marine construction companies and started their own company so they had experience but the firm didn't. that if you look to the next block over the opportunity to remove barrier. especially with subcontracting opportunities, looking what can we-where would it be appropriate to look for different kinds of qualifications like staff qualifications and not just lean on lifications. the second addresses desire for mentorship. many identified mentoring opportunities and some said mentorship can be great but without the equipment and insurance and training and certification you need to get that, it could be ineffective or difficult barrier. the suggestion is to look for stepping stone opportunities into work. be specific about the scope and the equipment requirements and

break those down so it isn't just one big contract with a big scope and big equipment but breaking down to various components. and then dividing the scopes to create opportunities for entry level work and exposure. the next one is mentorship is a long-term process because of the components of over water work and confusion among all the qualifications. so, what the suggestion is from the industry is publish the minimum qualifications so we can try to find those. and that's similar to the next two. one is desire among lbe to find marine construction training and marine environment training and there are some of the larger firms suggestions

was we don't think the lbe know about all the free or available trainings. we want to bridge the nexus and publish the government industry run programs. and then finally, lbe identified they assistance evaluating the risk and opportunities making investment to perform over water work. and, on our side what we can do to help people make those business choices is increase transparency of the port needs. publish our dredging schedule. publish look ahead. the consistency of it the needs along with requirements so people get the full picture out what is available. there are also suggestions about strengthening solicitations. and pairing the first one is particularly interesting, which is pairing together opportunities and similar scopes together in order to incentivize firms to keep their

equipment local so they are available to do the work when it is needed. some suggestions about going into greater detail and preproposal and pre bid conference and information and schedule and look aheads for what the port needs. and then finally creating a feedback loop for industry within the pre-proposal stage. that is just about changing the way we do our solicitations. out of the support has three recommendation we welcome your feedbackismt the first is, public the expected requirements and pathways to get to the requirements. the second is to advertise. come back for advertisement. what is called a as needed general contract and general construction contract. for shallow and deep water

dredging and some marine construction to widen that window. and then separately, as needed marine construction contract series and the third is the stepping stone. that is the stepping stone contract into marine construction. i'll go into each of these. happy to talk about each of them give a overview, but in terms of publishing the requirements, pathways and scheduling, really helping folks understand outside the solicitation and a bid or a rfp what kind of work does the port do marine construction and dredging, what is likely qualifications and what are you dont mead the qualifications today. two, advertise as needed general contract with shallow and deep water dredging and some marine construction. the general as needed

construction contracts require firms and subcontractors to come in with their prices at the proposal and then, which doesn't allow for a lot of flexibility. we think it works for dredging and some marine construction, it doesn't solve all our needs which we can talk about recommendation number 3. this gives a opportunity to work with cmd to assess lbe opportunities across all the scopes so we usually cmd will-the way they evaluate is based on a few particular scopes. we ask them to assess opportunities at award and to be creative in their requirements, such as listing a lbe for at least one scope, and we will be working with them to find which is the most advantageous to do. lbe subrequirement at the contract level or at the task order level,

because they have the option to do it in either location. what is good about the as needed contract is dredging is quite expensive. even shallow dredging is generally over a million dollars and this is the only as needed contract structure that allows to go over a million dollars. the third and final recommendation is as needed marine construction contract series. as needed construction contract you qualify the firm and some subcontractors at the award level but then each task you award more then one. each task order is competitively proposed and there is lbe subcontracting requirement at the task order and subcontractors are also awarded at the task level. if we look at growth model to bring people into marine construction, it is a good model because as the

task orders come up over the life of the contract, you can bring subcontractors in. it is a good stepping stone contract because that. you can do-there is a hard stop at a million dollars so we believe we can do of the shallow dredging and not able to do deep water dredging with this contract, but we can do over water electrical work, plumbing work, some of the shore slide work as well. and i should recommend that or i should include that part of the recommendation for number 3 is that we do it after we do the general as needed so we learn from that experience. we don't do simultaneously and allow ourselves room to learn from the general as needed contract and then take those experiences and then build as needed marine construction series. this is our expected next steps

on the board. information and i'm really excited and interested in your questions. >> thank you. great report. thank you so much. is there public comment on this item? seeing none, do we have anyone on the phone? >> at this time, there are no callers for public comment. >> thank you. public comment is closed. commissioner adams. >> great report. it seems like this maritime dredging and construction seem like this is a field that isn't a lot of diversity in it and it seem it is limited in the special. maybe andre could talk more about that x hading from maritime and his experience working for a

shipping company and maybe andre can speak to that. can you speak to that? it seems it limited. just a narrow thing. it is like being a scuba diver welder it isn't a vast pool of people. >> good afternoon. maritime director. yes, you are absolutely right commissioner. what we've been able to identify is that there is a limited group of firms here on the bay in the bay area and up and down the west coast and within those firms there is limited diversity. i will also add that, here on the bay there are 5 ports within in the bay region and so with limited amount of firms, all requiring dredging work and us all getting in the queue that even brings more challenges about.

as far as diversity not only from availability of firms, but to your question within those groups there is limited diversity, so don't know if i answered that clearly. we've looked up and down the west coast at other firms and again, there are just challenges based on the nature of the work where folks are in the queue, which port is ahead of the others as far as permitting and these firms are going to follow where the work is happening and so that's a challenge we face as well. >> i guess it is clear to say, not only it is a small group but she laid it out, it is seasonal work. it is part time and people are looking for full time jobs with benefits and pensions and 401k and this is like a seasonal you do the job and then you are done.

>> that's correct. elizabeth spoke to the dredge window so the window is june 13 through november 31. it is very condensed window. there are exceptions if wavers are sought, but the limited window of work for this nature of work does contribute to those who are seeking year-round employment versus the seasonal work. >> thank you. you answered my question. thank you. >> thank you. >> so in that case, what do you do when there is no lbe? it is so narrowly margin and you are right, people leave to open their own business. a lotf us do, and want to be their own boss so that is another situation. that would be a question. you can advertise and get zero results, what do you do in that instance?

are we mandated to have a lbe contractor at that point? >> well- >> it could happen. >> of course. if we have a failed proposal or failed solicitation and nobody comes in or nobody meets the lbe requirement--what we are trying to do is understand it to avoid the situation. that's the thinking behind the pairing the construction, because a lot of stuff can happen shore side if you look at the equipment that lbe may perform with an excavator so what other work we need along the shoreline outside odredging window that requires a excavator so it the equipment question when we ask the equipment you have to try it pair people and scopes of work based on the equipment so that we are

not just-- -that is the thinking. >> that is my other question, do you seek out vendors? like i know friends with rental companies that rent equipment and majority minority and black owned companies,b there is asian owned companies. do you include that as part of the way of getting them in to qualify for lbe? >> cmd has a way of calculating lbe subcontracting for equipmenterantal so 60 percent of the total participation goes towards the lbe requirement. a hundred dollars and 60 dollars would count towards the lbe requirement when you rent equipment. equipment rental would count in the situation based on my understanding of cmd regulations. >> is that clear in the advertisement? >> it would be. what cmd has a section how to

meet the lbe requirement and they say, these are the categories and believe they call it the participation percentage based on your work, so if you are performing the labor and providing the equipment then it is hundred percent of the work and a rental or commodity purchase it is a different percentage. >> okay, because i could see down the road it is getting to be so narrow. a lot of industries, right? we are getting hard to find skilled labor so there is other ways. people like to open retail stores or sell construction material or other things more stable and that could qualify to be the lbe that would be great, so i guess it done. you are answering my questions, so thank you. >> thank you. >> commissioner engblom. >> thanks for the report. i guess my line of thinking is similar to what is discussed.

it seems to me like what you are describing reminds me of a process evolving in the carbon footprint world when you talk about scope, 1, 2 and 3 and life cycle impacts. we know what our impacts want to be in order to help the local economy and local small businesses and so i just think it is always--i like the analogy of the stepping stone and wonder if somehow the conversation with cmd is maybe more helpful to the port goals if we know what our--this type of work is very specific to the port, so maybe other divisions in the city don't have this problem. if we can say, our outcomes are based on these scope 1, 2 and 3 of

dredging type work, or positive impact instead of trying to get more and more narrow because that feels like a very touch situation. that's it the only thought i have is that analogy company to mind. >> thank you for the work. sure you never imagined you would know this much about dredging. >> i did not. >> i really want to encourage-i don't know if we need to talk to cmd. it could have shifted. only aware of this until the pandemic [indiscernible] hud and hcd at the state level [indiscernible] allow the principals to carry their experience over, so if i join a new organization and just completed 5 new construction projects and present [indiscernible] me at the principal carry the firm to qualify the firm i'm now at and so it is a leadership team level

however defined so i think we should look at that versus firm level and if that is a decision we can make outside cmd i strongly encourage that. particularly with validate research and what you heard and i would check with the mayor office of housing if they are doing that at the local level. [indiscernible] i really support that. start their own firm. i really appreciate the work you are doing for this. the only other question and maybe too much brain damage so if it is you can toss as crazy commissioner idea. this is question for andray. dre. is it beneficial to coordinate the work and contractor with the 5 other ports. for us to do a massive rfp together and have us all work together on it. i'm doing this with the assumption they are as committed around lbe participation.

i wonder if we can leverage that somehow? for this work? >> we are both going to answer the question because it is something we are excited about and talking about. there is something called cooperative contracting, where multiple public agencies can either model a couple different ways, one where we can go what you said and collectively issue a rfp and every contract that results from it would be-we all have our ht? so, they could apply. every contract would own local rules apply but we solicit together. the other is when somebody they would [indiscernible] cooperative agreement, they can go somewhere else and say san francisco port has a fantastic contract, you should just award me the contract because they have the competitive solicitation and did the process and

you can use this to award a contract so it allows us to award contracts from other public agencies that went through the competitive process. we are exploring all of those options. i think we are leading the way and so it is a possibility. i don't know if a probability. we are trying to explore that now. it isn't a wild yaid. it is a great idea and we are curious about it as well. >> maybe we can bring up a [indiscernible] and see if that a topic of conversation we could have. >> yeah. yes. that would be fantastic. >> thank you. this was a great report and i want to commend you on the research and outreach you did on this effort, because who would have known? and just looking for opportunities to remove the barriers and being

innovative and trying to find new approaches to solving this-i dont want to call it monopoly. this industry issue. but i think it is great. i think you did a lot of great work and i think i'm very supportive of the next steps and how you want to move forward and look forward to you coming back with more opportunities. >> thank you so much. >> thank you. next item, please. >> item 14 a, informational presentation on the port's economic recovery efforts. for callers who wish to comment on this item, please dial star 3 to raise your hand to comment. >> good afternoon president brandon, vice president gilman, commissioners, executive director forbes,

colleagues mptd megan wallace here this afternoon to provide a update on the ports economic recovery activities. as many of you are likely aware, the port has been a city leader on economic recovery. by really taking a lead on creating a clean safe vibrant waterfront over the last several years since the pandemic has wound down, the port really created vibrant waterfront where both city workers and visitors wanted to return. and over the most last two years specifically, the port has been moving forward with a economic recovery plan that has detailed expenditures, metrics as well as focused resourcing particularly with staff, such as myself. and now we as you can see in the timeline, the first two phases were related to developing and

refining, allocating resources and now in the heart of execution and iteration. with ongoing monitoring and reporting of the progress. both to have accountability and review and improve as we go. and actually part of the story is that the port has actually recovered in the revenues. we have far exceeded pre-pandemic revenue at this point, however, as expenses continue to grow, as we look at the capital plan and see ongoing needs for maintenance renewal of facilities it is clear to anybody familiar with the port's portfolio, we need to continue on the path for a financial stability. before i go too far i want to take a moment and look at where this work fits in the port's strategic plan. we do have two key goals that i

work by. economic recovery is really where i came at the port to help us get out of the impacts of the pandemic, but of course we are looking at our growth. on the recovery side, we focus on targetedp activation of park and open space and in fisherman wharf. really, these two objectives support growth strategy expanding maritime and real estate portfolio. looking at targeted activation in the parks and open space, the porlt waterfront provides breath taking views and outdoor experiences. where does anybody else want to be accept the waterfront in san francisco, but it lacks clear identity. it could be challenging to nav dpait. we talked beyears about a need for improved signage and way finding capability. we also had many of discussion around the need for the southern

waterfront in particular to be uplifted and cared for in a manner that matches other areas along the waterfront. for targeted activation in fisherman wharf, as you see in the chart on the bottom right, this shows revenues in various areas along the waterfront. what you see is comparison of revenue in orange is fiscal year 2019-20 so marking pre-pandemic to 2021 in the heart of the pandemic where you see the biggest drop and then fiscal year 2023-24 where many cases you see upward trajectory where we recovered in that area of the waterfront. fisherman wharf we continue to see stagnation in the revenues in that area. really driven by the ongoing closure of several of the dinosaur restaurants. we also know that foot traffic

is still in the recovery stage. it is only at 76 percent of our pre-pandemic levels. really with 65 percent of all visitors to san francisco, visiting fisherman wharf we know recovery in the wharf translates to recovery in the city. this really is a important area for the port to focus. back in january, 2024, i can't believe it has been that long, we have been hard at work, but you might call a expenditure plan that included a good variety of funding sources as well as allocation of the resources. you can see the key areas along the waterfront where the funds were distributed. just really quickly, i want to remind everybody what the sources are. the southern waterfront beautification funding is from the harbor fund

and that's a set aside of revenues for mariposa street and south at the port. economic recovery funding is also harbor funds. this was wisely set aside by port leadership prior to my arrival know we need dedicated resources for recovery activities. we started to use a new project source, it wasn't in the original expenditure plan, but added now. the fisherman wharf resilience and public planning project. we use the funds to amend our grant to fisherman wharf community benefit district. tenant attraction and retention funding is largely stimulus funds dedicated to improving our facilities helping our new tenants address facility needs the port is putting the funds in. this is also where the bulk of

the fisherman wharf cdb grant is allocated and finally port infrastructure grants which represents the critical federal and state funding that we received as you can see it is in the southern waterfront primarily to really do critical work in the facilities and in the southern waterfront. and as you can see, looking at it distribution of funds that really a lot of economic recovery and tenant attraction and retention funding that sits largely up in fisherman wharf. whereas the southern waterfront is where we see the use of federal and state grants. southern waterfront beautification funding and then a portion of our tenant attraction and retention funding. so, today i really want to highlight some of the great work happening in these key areas of targeted activation of our parks and open spaces,

as well as in fisherman wharf. i will walk through these. i realize i should have done something nice like had each pop up in different slides but i will be going from left to right. first i want to talk a bit x$ about the waterfront walk. i had shared this as an emerging idea, a work plan staff was developing and really it is starting to come to life and exciting way. really the cornerstone of it is wayfunding so recognize we do need to do more to help visitors navigate the waterfront. really thinking about our signage systems that provides not only direction, but creates a common sense of place and so these images both show the one on the left is around wayfinding giving a map and telling visitors where they are, but

also exploring interpretive signage and the example on the right is located on the [indiscernible] building off of these past examples, the port is preparing to go out for request for proposal early 2025 for fabrication of our signage system and then we will be looking to begin our instillation in the spring of 2025. this is really exciting because we are starting to walk and not just talk. all the pop ups on had plaza. the parks alliance has done markets in crane cove park. this isn't focused on fisherman wharf i think of the activations in the wharf being part of the overall

concept of the waterfront consent work. we have been creating a vibrant waterfront but we need to continue that work. in particular, the areas missing is in the southern waterfront and staff is starting to explore the concept of doing a pilot that is more community driven. trying to engage partners in the southern waterfront to put on different types of events that will not only activate our parks but engage the communities to come out and appreciate those areas of the waterfront. and then art. as sounds turn to noise, this beautiful sculpture on the left is something that really has been widely celebrated not just among port staff and everybody who walk s by but it has been in the news. we want to build on that and look for

opportunities for art along the water fronts. we are showing examples such as with murals and of course we have existing examples that down to the southern waterfront. we will be building on that and we have staff dedicated to working with the san francisco arts commission, but also talking with other potential partners to really build out this program. then on parks and open spaces, particularly in the southern waterfront. y really the focus in this area is to improve community experience as the port pursues the maritime eco industrial strategy. this is where recovery and growth come together because there's a natural tension that also makes the area really dynamic and exciting to be in where you have these major maritime activities opportunities for the public to come

out and enjoy natural settings. so, on the industrial side, really trying to improve that experience, but also create opportunities for growth on maritime. the port is focusing on removing aging facilities such as the structures around the pier 90 grain silos, pier 96 cranes and also making really drastic improvements such as on amdore street. thijing thinking about the blue greenway. we are excited among staff to start working with the san francisco department of public works who are currently under design with the series of improvements throughout the blue greenway. iocusee indication of the various locations from warm water cove to herons head park where they are looking to clean up landscaping, replace things

like damaged picnic tables, improve restrooms in herons head park. all these things are aimed to improve the public experience and try to attract visitors to these public spaces. but also just thinking neighborhood wide. i think this is probably one of the most basic and important moves we are making is to look at procuring a new vehicle and hiring two dedicated staff to maintain this area of the waterfront. happy to say that we've received a truck. it is a electric vehicle so on a strong trend there. it is my understanding we hired one laborer so we have one more to go, so the work here is really on the verge of beginning and i think will elevate the standard of care in the southern waterfront in a way we can all be proud

of. we are continuing to imagine what to do in this area. we do have southern waterfront beautification funds that are available but unallocated and staff is continuing to explore ways we can build on all the ideas, both with the waterfront walk, potentially with maritime facilities and also additional improvements we can do with the blue greenway. finally, with fisherman wharf, the focus in this area is leverage unique features and history to attract visitors local and from around the broader region, state and internationally. and also set the stage for larger longer term transformations in the area. staff went through a exercise to build out a work plan for three major areas in fisherman manufacture.

wharf. the first is the gateway represented by the pier 43 arch. the tip of the triangle parking lot. now we all know it differently as the arch, the sky star wheel and this beautiful fisherman wharf promenade. the area is completely transformed and no longer taking over by unpermitted vendors and canopies. now it has these beautiful pergolas that our maintenance crews helped construct and install. planters with lovely flowers and fun seating. the look and feel of fisherman wharf is completely transformed and really fits the vision of the gateway to create a welcoming place for people to come into the wharf as opposed to find themselves facing a wall ofthe other direction. now we hope we are drawing people in. as they make their into the

wharf they welcome with events such as pier party in the wharf, which is a summer event, but it created a fun summer time vibe and had a lot of great local regional music and drew in crowds and that on top of the other work that the fisherman wharf cdb has been doing with artwork and flower baskets and having ambassadors to greek people it is safe to stay the area is maintained in a way to attract new visitors. jefferson veet and outer lagoon. i am teeing this up in advance of two items coming your way in december and january. very excited to say the work with our brokers is actually turning out positive outcomes with two

potential leases, both to 300 and 340 jefferson street. having those vacancies filled and creating the activity in that space and changing the dynamic, the energy in that area of jefferson street is really going to be transformative on its own, but you pair that with the new game way and float that would be wharf j9 where the fishers can dock and have people come out and purchase fish off the boat, i think it will be a whole another level of activity and help overall with the feel and the work and hope fully drive additional foot traffic. so, i think before i close i just want to highlight key elements of work that are ahead. i'm trying to highlight

exciting work that happened, but really in the coming days this commission will be hearing more items around the delivery of the work i described. we will be working on a procurement process for activation and stewardship of the waterfront. it will be framed largely as the waterfront walk, but some areas will be focus on the southern waterfront so community driven activation and thinking about other areas along the waterfront so we can have other forms of art and activation. in the southern waterfront with the very large impact to our maritime facilities, you will be hearing more about pier 90 green silo jz 96 crane demolition rchlt we had funds in place, staff has been very active in formulating and firming up

plans how to utilize the funds, but more item s related to the procurement of services will be coming your way in the coming days. i just want to give you the heads up on that. and i think really we are working with the good variety of funding sources. trying to dibs tribute the funds strategically in different areas that align with the strategic plan on recovery and growth and trying to reiterate, all this while it started with the focus on recovery, as your former finance director having talked about the 5 year horizon where we start to see reduction in that net income for the port, it is really important for us to keep our foot on the gas, implement the strategies, be innovative, learn from our experiences and ideally really keep supporting our trajectory on

building a financial stability we all long for. thank you so much and i look forward to your question. >> thank you. is there any public comment on this item? seeing none. do we have anyone on the phone? >> there are no callers for public comment. >> thank you. commissioner lee. >> great job. it has been a year already. spent a lot of money but it shows. the j9 project is after having a meeting with the fisherman, very important that we get that going this year. i think probably be nice to have maybe the art commission weigh in on a sign for that. i see your sign says crab. i think we can do better then that. [laughter] that corridor there where people can

walk in and see at laest 15 boats lined up will be a big draw. not only the guys leasing the other spaces which is great, but i have another suggestion i know that taking time for al ioto-the ground floor space where they had the crabs and the boilers are still there. could we do that at embarcadero where we offered three month pop up lease for maybe entrepreneurs to come in and maybe try to set up shop and try to make something out that just temporarily? even if we lease it, it will take time to negotiate it and do renovations i'm sure, but i thought that would help generate stuff other then during the festivals. it is great, but now it is quite and it is slow. seasonal.

we all know it is seasonal. i thought maybe that might by a interesting thing to do. southern waterfront is great. we have a lot of great parks, but there is no place to eat nearby, so i am pushing the food truck like a food truck parking lot or something, maybe with a restroom that you could lock up without getting vandalism. with the stage where people can enjoy some outdoor music. that is why the ramp does well. the ramp has their salsa on the weekends and they are busy so we can move that down since all the new park is going there. but again there is no place to eat unless there a way a new businesses can get closer. so, i think that's the future or the goal of fl me i like to see in 2025.

i think good job. we are on the move. i like to get the bar up in the northern waterfront, but i think that j9 project is going to help a lot. that's it. thank you. >> thank you. >> thank you. commissioner engblom. >> thanks for the report. i have couple questions. i noticed in the--you said [indiscernible] which is the [difficulty hearing speaker] i wonder if you could talk about that a bit and also, fisherman wharf, there is a lot of things in play. i wonder how does that compare with overall-i think that as a traditional anchor of san francisco's tourism economy at large and wonder how that tracks against the city at

large? given the ferry plaza and fisherman wharf feel like the most traditional tourism locations, so wndser how those are tracking against city wide if you have comment on that. >> in terms of tracking city wide, we are looking at the convention trends. i apologize i don't have the analysis around it. i receive the data but didn't get a deep dive comparison to see if decline contributed to ongoing dip in visitor trends. i think it is a great question. i'll aim to have that analysis for the next update. for the ferry plaza, my recollection of looking at the impacts, because i noticed that also, that there were other tenants who just i think were not able to be maintained through the pandemic.

wondering if there-looking for real estate. any real estate friends have a quick answer that might contribute? thank you, tim. >> good afternoon commissioners. kim beale, assistant deputy director for real estate. if we are looking going back to the beginning of pandemic, one tenant we had in place we might have forgotten about because the building was vacant is ferry plaza east. that was one of tenants we interned into a mutual termination agreement and that agreement ended. and had specific waterfront partners who was the tenant in the ag building who had space in a couple sheds who also went out. those are a few of the tenants that come to mind and thinking about

why we might have that revenue dip. it would need to do more research to come up with a clear concrete answer. >> thank you. >> thank you. vice president gilman. >> okay. i can go. thank you for the report. i had a observation and one suggestion. i really want to thank you you and amy i see back there. the gateway is a gamechanger. someone who [indiscernible] i want to thank-keeps blowing my mind how [indiscernible] we don't go out to bid to build pergolas and things it is our maintenance staff, our carpenters our

cementers who do the work and so impressed how much our trades maintain the water fronts, instillation to making a pergola. it is game changer for the gateway and i really want to thank your team and at the port. it is like overnight game changer, particularly on illegal vending. i want to share that observation. and then just on the wayfair signage because before you were [indiscernible] i want to strongly strongly strongly suggest and not be a slide presentation for anyone who want to do it but i was in my home town of manhattan which is slice of new york city and from the south street sea port their equivalent of embarcadero to hudson yard which is a newly developed property, it is the best wayfair signage i have

seen in my life globally. it is digitized, it has one side and [indiscernible] pay to charge your cell phone feature. the other side is interactive map, with [indiscernible] talk to sf mta and the people i talk to were telling me they can change the sides, like things move around on the waterfront or new attractions come in. if we make the investment and love to look to technology instead of just a normal placard we have always done and maybe we can look to friends we know or colleagues we know in manhattan done it. it was great wayfair signage all over the city, betut but the way it was at hudson yard and south sea port it was spectacular so i love to see in 2025. rather have us do it

spectacular and well and right and invest from a technology perspective to make it really work. i hope you can look there and boston was impressive as well. new york really was very very impressive. i could look and see walk 5 blocks to catch the metro when the train was coming. just wanted to give you that sort of maybe something to think about or look at before you put the [indiscernible] >> wonderful, thank you. >> thank you. >> megan, great report. i'm looking at the report where you say a safe equitable vibrant waterfront is key to the port of san francisco. san francisco city and port partners economic recovery. that is what we are doing. we are coming out of economic recovery. coming out of covid. couple years away from that. also you pointed out about southern

waterfront requires additional care mpt i don't know about you, but i think the work been done this year where we were and where we are now is extraordinary. this year we all most lost our director. this is is a very tough year and there has been resilience at this port not only from the leadership when mike martin took over but the president of the commission, kimberley brandon and the staff is extraordinary and now we are talking about things happening and we are still pushing forward. the port-we are in transition. we are in transnition now and that is a good thing. before we had a headwind, now we are pushed by a tailwind and it is extraordinary to see this in the way you laid all this out and i would have never thought i would see a artwork of black woman statue on the san

francisco waterfront and the things that happened. my brother steve said these two new restaurants opening. we made extraordinary gains. this is nothing just to like put to the side. we have come a long way. we have taken leaps and bounds. got hardships and hard times. i see the resilience and i'm excited and i have a feeling and i know this to be a fact the people will come back to the waterfront, they will. it is a chaichck. change. everything is in change and everything is fluid in our lives and it will be good. thank you for this. this is so important and this is just the part of the long-term view of vision of the port that reenergyize the efforts at the port, the

extraordinary reports you heard today. it is a exciting time to be part of the port of san francisco and where it is happening. the energy, it is positive. it is a vision. if you dont feel it is contagious something is wrong with you because it is very contagious and moving, but also very very small steps moving here, moving there like a chess board making all the right moves and getting back and also this is what the citizens in san francisco want. they want to come back because this is something that it doesn't care income or nationality. the port is for everybody and they can come down here and enjoy this and i think we will come out of bigger and better so this is awesome what you put together megan. this is good. this is the life blood and the

tentacles of the port, the recoferby and we are in recovery so thank you. >> thank you. i don't think i could have said it any better. i think my fellow commissioners covered all the bases. this is wonderful and great to see investment we are putting throughout the waterfront to bring people back to the waterfront and i think that you and staff are doing amazing job. by showing in the presentation and whats polk to come so i thank everyone for your efforts. >> thank you president brandon. >> next item, please. >> item 15, new business. >> i recorded two items. one, update on the wharf j9 project and off the boat fish sales and also understanding of what the merger between cal maritime and cal san lu is obispo might mean for the capability for mentorships and pipeline

production, and i did have one correction, the embarcadero plaza is our property. michelle is trying to correct me. it is a note. >> we own a portion of the property along embarcadero, so there will be agreement you have to enter into with rec park, with other agencies, or-- [indiscernible] >> [indiscernible] >> any other new business? >> don't forget to schedule me with the fisherman in january or after chinese new year. >> i like to attend that if possible. i think two of us can go on that. >> is there any other new business? can i have motion to adjourn? >> motion to adjourn. >> second. >> all in favor? >> aye. >> the meeting is adjourned at

454 p.m. [meeting adjourned]

>> our market street program started in 1992. the goal was to bring arts to an audience who may not be normally be exposed to contemporary art. for 2023, we chose comics as the median to highlight san francisco. it could be fix al, science fiction. history. >> i'm fan, i'm illustrator and writer, i grew up all over the bay area. and is post history no history no south. i've been drawing since i was probably four or five. it's just a cool memory, i just remember painting my apron in kindergarten and i would

suddenly start painting myself. it was cartoon, it got me excited. in my home life, it was not consistent but what was on tv is always consistent. there is always xy z- channel, cartoon, i would wait for the cartoons to freeze and chase really fast. i remember getting into anemai as a kid, as a young person because it was one of the avenues of asian-american expression that i can relate to. my project is i'm highlighting 6 trailblazers who's family was tied to san francisco. they all have different forms of art expression. but i noticed through the research that there is a common that connects them all, which is this desire to live life authentically, organickly, speak of the love that they

believe in. i made it art students and learning about art history and the place in art with the context of learning about their predecessors. >> sinsawa is synonymous of san francisco. there is a school named after her. >> wasn't she also in stamp? her art was in 2020. >> do you think she would become a artist? >> hmm, i think she was like 100s of other in the city that love the art. when there is no audience or income, why do we still make art? >> well because we seek to know ourselves and one has to believe like alela, we make art for a lifetime not just a career. i think for some, artist like breathing, it's how we know we're alive. >> it's so incredible to do

this project and do the experience that connects generation, the full experience of being artist. >> comics have a rich history in san francisco even from early 20th century. we also wanted to open up public art opportunities for artist that don't normally apply to public art. >> i hope it stays with them and lingers and they chew on it and think about it. and it may not make a big impact but it's something that opens up the door or starts the conversation or the beginning of something. i would like for it to be a start, whether it's a start of research or start of pondering, yeah, what does it mean to be an artist? and how do i decolonize my mind.

>> (speaking foreign language.) >> i wanted to wish you a best wishes and congratulations the community has shifted a lot of when i was growing up in the 60s and 50's a good portion of

chicano-american chinese-american lived in north beach a nob hill community. >> as part the immigrant family is some of the recreation centers are making people have the ability to get together and meet 0 other people if communities in the 60s a 70s and 80s and 90s saw a move to the richmond the sunset district and more recently out to the excelsior the avenue community as well as the ensuring u bayview so chinese family living all over the city and when he grape it was in this area. >> we're united. >> and growing up in the area that was a big part of the my leave you know playing basketball and mycy took band

lessons and grew up. >> (speaking foreign language.) >> allergies welcome to the community fair it kicks off three weeks of celebrations for the year and let's keep everybody safe and celebrate the biggest parade outside of china on february 11th go best wishes and congratulations and 3, 2, 1

happy enough is enough. >> i grew up volley ball education and in media professional contrary as an educator he work with all skids whether or not caucasian hispanic and i african-american cumber a lot of arrest binge kids my philosophy to work with all kids but being here and griping in the chinese community being a chinese-american is important going to american school during the day but went to chinese school that is community is important working with all the kids and having them exposed to all culture it is important to me. >> it is a mask evening. >> i'd like to thank you a you all to celebrate an installation of the days here in the asian art museum. >> one time has become so many

things in the past two centuries because of the different did i licks the immigration officer didn't understand it became no standard chinese marine or cantonese sproupgs it became so many different sounds this is convenient for the immigration officer this okay your family name so this tells the generations of immigrants where they come from and also many stories behind it too. >> and what a better way to celebrate the enough is enough nuru with the light nothing is more important at an the hope the energy we.

>> (speaking foreign language.) >> relative to the current administration it is, it is touching very worrisome for our immigrant frames you know and some of the stability in the country and i know how this new president is doing you know immigration as well as immigrants (fireworks) later than you think new year the largest holiday no asia and china those of us when my grandparents came over in the 19 hundreds and celebrated in the united states chinese nuru

is traditional with a lot of meaning. >> good afternoon my name is carmen chu assessor-recorder i want to wish everything a happy new year thank you for joining us i want to say. >> (speaking foreign language.) >> (speaking foreign language.) >> i'm proud to be a native san franciscan i grew up in the chinatown, north beach community port commission important to come back and work with those that live in the community that i grew up in and that that very,

very important to give back to continue to work with the community and hope e help those who may not be as capable in under serving come back and give gov. tv two and live streamed online at sfgovtv. org forward slash ethics live for public comment. members of the public may attend in person, or may participate by phone or the webex platform, as explained in our agenda document. mr. clerk, would you explain how remote public comment will be handled? public comment will be available on each item on this agenda.

each member of the public will be allowed three minutes to speak. for those attending in person, opportunities to speak during public comment period will be made available here in room 400, city hall. for those attending remotely, public comment period can also be provided via phone call by calling 14156550001. access code is 26644795037, followed by the pound sign, and then press pound again to join as an attendee. when your item of interest comes up, please press star three to raise your hand to be added to the public comment line. public comment is also available via the webex client application. use the webex link on the agenda to connect and press the raise hand button to be added to the public comment line. for detailed instructions about how to interact with the telephone system or webex client, please refer to the public comment section of the agenda document for this meeting. public comment

may also be submitted in writing and will be shared with the with the commission after the meeting has concluded and will and will be included as part of the official meeting file. written comments should be sent to ethics commission at sfgov. org. members of the public who attend commission meetings, including remote attendance, are expected to behave responsibly and respectfully during public comment. please address your comments to the commission as a whole and not to individual members. persons who engage in name calling, shouting interruptions or other distracting behavior may be excluded from participation. thank you, mr. clerk. i now call the meeting to order. better gavel. mr. clerk, would you please call the roll? under item one, commissioners, please verbally indicate your presence by saying i after your name is called. chair i, commissioner safaí i, commissioner francois. i chair finley with three members present and accounted for. you have a quorum. thank

you, mr. clerk. with that i call agenda item two. general public comment. does anyone in the room wish to make general public comment? ma'am. good morning. happy friday. my name is ellen lee zhou. right there. l l e n l e z h o u. 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. born, unborn and vaccinated. and unvaccinated. i am here today to remind you, for the commissioners you are willing to

take oath to protect our city. for the staff you pay, to take the oath to protect our city. on election night, november fifth, 2024, i was at pier 31 as a poll watcher and see what's going on. and the situation is at the commission. you received many complaints about election interference, the media and the puppet master keep saying five people running for mayor. so today i am giving you public record. today is the report five in the ballot running for mayor. it's 13 people plus two write in candidates. so a total of 15 people. but on the ballot 13 people. i am one of them running for mayor. i have coming in here

reporting to you. it is unethical. it's election interference for many of the democratic leaders, parties and associates. keep lying to the media and the voters. of course, about election. only five people running for mayor. so this is public record. i'm going to give it to you. report number five. 15 people running for mayor. and on election night, november 5th, 2024, i was at pier 31, approximately 150 ballots. that has not counted yet. the puppetmasters already say they are winning. so? so what's the point for election? there's no point for election because we know it's selected into the office today. i'm also giving you a record right here. this is dated november 7th from the election office. and they still

have a lot of votes. you are talking about 143,000 votes and has not counted totally yet, but the result is already there. and the same thing with california at 8:00 shop. they already announced the situation. so i urge you today to do investigation for about election fraud. thank you. your time. so this is public record for you. thank you. thank you. mr. clerk, would you check if there are any remote public commenters? we have one caller in the queue. welcome, caller. you have three minutes. begins now. knock, knock. well, no, actually, this is my chamber. this is my city hall. so my name is san francisco, and i'm to hear myself and my voice only for the

next three minutes. so say the constitution and the brown act. law. so this ethics commission was established in november of 93 after the tax, after the voters and the taxpayers passed proposition k, it was approximately 30 years ago. what have we done for the last 30 years? i see a lot of complacency. i see a lot of ignorance. i see a lot of arrogance. i see a lot of appointments by city officials such as the mayor or former mayor. at this time. there's a lot of things going on in the city, and you've been apprized of many of those matters. in fact, the one from mark farrell is coming up very shortly. so we need to get this straight and we need to get it straight with the new mayor. all of you need to leave. you are absolutely up to your ignorant, your arrogance. you have no purpose in this city and every single candidate on

the ballot should be voted for. every single vote should be counted. if city attorney needs to, if we need a new city attorney that knows how to read the constitution, so be it. it's called the first amendment. freedom of speech. freedom of the press, freedom of religion, and so forth. so we need to get this shit together because right now, as it stands, i'm looking at four or whether 4 or 5 ignorant buffoons. there's a clerk, there's any more profanity, just cut him off, okay? and i don't know if. is there an attorney there? is there an attorney present at this meeting, or is that cue ball in the corner over there? so keep your shit together and get packed up and leave. thank you. as a reminder, members of the public persons who engage in name calling, shouting interruptions or other distracting behavior may be excluded from participation. so if i hear more profanity, i'm going to ask the folks in charge to cut off the comment. we appreciate all public comment and we encourage it, but this is

not a place for name calling or other distracting behavior. that's not relevant to what we're doing. mr. clerk, would you check if there are any other public commentators, commenters? public comment. chairman live. there are no more callers. thank you, mr. clerk. i now call the meeting to order. sorry, i'm on the wrong page. hearing no further public comment. public comment on item two is now closed. i now call the consent calendar. colleagues, as noted on the agenda, there will be no separate discussion on the consent calendar unless the request is made by a member of the public or a member of the commission to discuss that item. if any commissioner wishes to discuss an item, it will be taken up and we'll discuss it. does any commissioner wish to discuss any item on the consent calendar? seeing none, does any public. does anyone in the room wish to discuss an item on the consent calendar? seeing none,

mr. clerk, would you check if there are any remote public comment on the consent calendar? chair, we were checking to see if there were callers in the queue. chair findlay there are no callers. thank you, mr. cler. public comment on the consent calendar is now closed. i moved to adopt the staff's recommendations on the consent calendar, which, to be specific, includes adopting the draft minutes. and i believe that's the only action item on the consent calendar. is there a second? second. mr. clerk, would you take roll, please, on the motion to adopt the consent calendar? chair finley, i commissioner safaí i commissioner francois i chair finley. with three votes in the in the affirmative, the motion is approved unanimously. thank you, mr. clerk. i now call item number six. discussion and possible action regarding proposed stipulation in the

matter of mark farrell for yes on prop d. mark farrell for mayor 2024. mark farrell and roy herrera. miss matthews. good morning. chair finley. commissioners. for the record, my name is bc matthews. i'm the director of enforcement. so this case involves eight counts of campaign finance violations against mayor mark farrell. i'm sorry. he's a candidate. committee. the mark farrell for mayor 2024 committee and his candidate control ballot measure committee. the mayor, mark farrell, for yes on prop d committee and for the record, mr. roy herrera who served as the treasurer for both committees, is also named, but only in his capacity as treasurer for the committees and bears no personal liability in this matter. the counts in this matter are straightforward, and the law is very clear. the law imposes a $500 contribution limit for candidate committees, and any payments to a candidate committee are presumed to be

contributions, unless the committees can show that the contributor received full and adequate consideration. no such consideration. excuse me. no such contribution limit exists for ballot measure committees. here, the investigation revealed that the ballot measure committee made a series of payments to the mayoral committee, but did not receive full and adequate consideration for certain payments that was made to the mayoral committee. therefore, those payments that were over the $500 limit were illegal. contributions to the mayoral committee. the investigation determined the series of prohibited contributions to be over $93,000. this amount excludes the payments that were refunded as described under counts one and two. this matter was initiated following a complaint that was received by the enforcement division in late june, and we consider these violations in this matter to be very severe and recognize how important it was for us to do

everything in our power to publicly resolve this matter prior to the election day, so that the public would have the information about these violations when it mattered most. this recommended record penalty reflects the serious harm that was done to the public's right to have a timely and accurate, to have timely and accurate information about how campaigns are funded in san francisco. it also reflects the severity of violating the $500 contribution limit, which is one of the most basic rules that all candidates must follow. i would like to add here that this case is a demonstration of the enforcement division's commitment to vigorously enforce against major violations. we're grateful for the support that we received from director ford in channeling enough resources towards resolving this matter in a timely this matter in a timely manner, and will continue in future elections to pursue campaign finance violations during the election. i'd also

like to commend the efforts of the two investigators assigned to this case, senior investigator jeff zumwalt, who's here who conducted the investigation, and senior investigator zach zach d'amico, who supported the investigation. as the attorney assigned to this matter and helped negotiate the settlement agreement. finally, i would also just like to recognize and thank mr. david lazarus, who's counsel for respondents. he's present here today for working with us and cooperating in this matter. we're happy to answer any questions. and i'll have mr. zumwalt here to assist with answering any questions that you may have. thank you. thank you, director matthews, and thank you for your to your staff for your work on this. i have 1 or 2 quick questions, but i'll yield to my colleagues if they i do too. but i can follow you just. i don't want you to speak beyond what's in the stipulation, because i know you can't, but. and i think it's in there. but i wanted to confirm, as i

understand it, the only basis for the intended 50/50 split was some kind of assumption. i guess that the campaigns would benefit equally. but then there was no follow up tracking to make sure that actually happened. is that right? i mean, the 50 over 50 was just kind of, as i understand, based on a forward looking assumption that was then not actually tracked to ensure it would happen. is that basically right? right. the evidence did not reveal any tracking done by the respondents to support the assumption for 50 over 50. that's correct. right. okay. i have a question following up on that. but i first wanted to commend you and the team for a really excellent investigation. it looks like a complex analysis and a difficult thing to try to trace. trace and confirm. but on on those lines on page 15, there is a reference that the respondents compliance counsel issued a memorandum in july 2024 claiming that staff time was tracked and accounted for regarding how much was spent on the campaign versus the candidate committee. was that a

representation that was made to the ethics commission during the investigation? it was not made to the ethics commission. the ethics commission discovered that memo during the course of our investigation. okay. were there any similar misrepresentations made by the respondents in response to requests for information by the commission? not that we're aware of during our investigation. all of the requests that were made, we the most for the most part, received responses to and we didn't determine any false representation from the respondents. thank you. that part stuck out to me, particularly because it looks like through your investigation, those representations appear to be false. from that july 2024 memorandum. and it is a violation of the government code for a person to furnish false or fraudulent evidence to the commission. but i also am struck

by the fact that this is a law firm that appears to be representing the respondents and separate and apart from the requirements of the government code, the rules of professional conduct that apply to attorneys. and there are several here that apply, would suggest that if that was a knowingly false statement, there were violations of ethics rules there that apply to attorneys. maybe beyond the jurisdiction of the ethics commission, but to the extent that you and staff think it may be appropriate to consider whether a referral to the state bar or other relevant authorities might be appropriate rules of professional conduct 3.31 says that a lawyer shall not knowingly make a false statement of fact or law to a tribunal. it sounds like that may not apply here, depending on who they sent that memo to. but the ethics commission would be considered a tribunal under the rules of professional conduct. but beyond that, there are separate rules that prohibit a lawyer in the course of

representing a client from making a false statement of material fact to any third person. and that's rule 4.1, a and separately 3.4 c, a lawyer shall not falsify evidence or counsel or assist a witness to testify falsely. so i, i don't know if we have a procedure in place for considering those kinds of referrals, but that to me, struck, struck me as pretty shocking that there would be a false claim along those lines. thank you for that feedback, commissioner salahi. we do refer matters out to different agencies and departments, so we will take that feedback. we recognize the severity of that as well. and it was important that we highlighted that. so we'll take that for sure. and work on it and see. thank you. and just to clarify is the respondent who was the treasurer the same principal of that law

firm? i'm sorry. can you repeat that? the respondent who was the treasurer. i think that was roy herrera. is that is he affiliated with that law firm? that's correct sir. okay. yes. he is. commissioner francois, do you have any questions? does anyone in the room wish to. thank you, director matthews. any more questions, commissioner salahi? thank you. does anyone in the room wish to make public comment on this item? yes. good morning again. my name is ellen elan. l e z h o u. this item you sitting in here and say about making false statements. so i'm echoing and we respond to you accordingly. this item is a

civil. it's not a civil case. it's a criminal case. according to what we learned from local newspaper, that's 28 pages. possible indictment paper regarding this individual, including nine community leader. the nine community leaders, including including board of supervisor and three former mayors about criminal behavior. they request the san francisco da and california general attorney attorney to do investigation for criminal activities. so that's one item going back to your fourth statement that you do things has to be truth. and clear, but yet you lie. item number three consent calendar. you lie about what i did not say in october 11th, 2024 consent calendar on your minutes. so on your minute. item number four from october

11, 2024 that you falsely accuse me. say something i never have said publicly, but you have the guts. whoever take the minutes and whoever's in here last month, october 11th, 2024 i never said a name about my volunteer who passed away, but whoever made the minute put the name in your minute. full name, three different names last name, middle name, and first name that is called public accusation. now, i'm not sure if this is a violation of your conduct, or i'm not sure if this is a civil lawsuit for wrongful accuser. and i'm not sure if this is a violation of public statement that i did not make. but you accused that. put it in your

minutes. so right now, because you're doing things that are not according to the people's government, i am here to urge you, you remove the name from october 11, 2024, because you are wrongfully accused for something i did not said and it's in public record. so i'm asking you if you tell people wrongful accuser, i'm asking you stop your wrongful accuser statement told me ellen li zhao and i demand you to correct your record. this is public record that you put some name i never mentioned in there. it became a privacy. it became a public record that you violate your own very old oath, make a statement that i did not quote. thank you. your time has expired. thank yo. thank you ma'am. and we don't normally respond to public comment, but i'll just note that to the extent the minutes, i don't think those comments were directed at commissioner sly specifically. i think the point is that the minutes may be inaccurately reflect some of your prior public comments. and if that's the case, we will

correct them to reflect what you stated and that was thank you for bringing that to our attention. mister clerk, would you check if there's any remote public comment on the item that we were discussing? chair, there's one caller in the queue. welcome, caller. your three minutes begins now. so who is the one that was speaking when i was speaking during public comment? so think about these two words. public comment. public comment. what do those two words mean? those are sacred space for public to make. comment. no commissioner, no attorney. the public makes the comment with regards to mark farrell. if you know anything about mark farrell. mark farrell can no longer practice law in the state of california. so says his record from the state bar look it up. so, you know this keeps going on about will we report it to the state bar. it's

a moot point. he cannot practice law. it's a criminal investigation that should be done by the local authorities. i mean, this is the most ridiculous commission that i've ever, ever seen. well, besides the police commission, of course. so get your act togethe, pack up your bags. just leave. say goodbye to breed and all the other appointees that appoint you. because you guys are worthless. mr. clerk, are there any other public callers? chair friendly. there are no more callers. thank you, mr. clerk. is there a motion on agenda item six? discussion and possible action regarding the proposed stipulation and the matter of mark farrell. and so on. i moved to approve it. second. second. sorry. commissioner francois seconds. mr. clerk, would you please take roll? on the on the

motion to approve agenda item number six. chair i, commissioner salahi. i, commissioner francois, i chair friendly with three votes in the affirmative. the motion is approved unanimously. thank you, mr. clerk. i now call agenda item number seven. and i'll note at the outset that because we only have three commissioners present, we will not be able to vote on this item today. but i hope but we're going to have discussion on it. so i hope the representatives from, i think the supervisor's office and whoever else is here will participate because i have some questions. mr. canning. yes. thank you. chair, just to introduce this item, this is legislation referred from supervisor ronan's office, the board of supervisors, regarding the whistleblower program. the legislation would require reporting to the board of

supervisors when a whistleblower investigation is completed by the comptroller's office involving an elected official or department head, and this is before the commission today, because per section 4.103 changes to article four, chapter one of the campaign and governmental conduct code require a 4/5 vote by the ethics commission, as well as a two thirds vote by the board of supervisors to be enacted. staff have reviewed the proposed legislation and do not believe that it will impact the ethics commission's investigations, and would, you know, not have a detrimental effect and would potentially bring more transparency to the board of supervisors regarding the enforcement efforts of the comptroller's office and do not see a objection to that legislation. but yeah, as mentioned, a representative from supervisor ronan's office is

here. thank you, mr. keating. i did have some questions on that point, and at some point i'd like our deputy city attorney to weigh in. but first, i welcome the representative from supervisor's office to greet us. hi. good morning, anna herrera from supervisor hillary ronan's office. unfortunately, as you stated, you can't move forward because you don't have the four commissioners. so i'm here to answer any questions. but the fact is that as the lead sponsor and supervisor supervisor ronan is termed out. so we won't be able to move this forward. so maybe this comes back to you if another supervisor decides to pick it up. but do you mean because the supervisor won't be here next month when we reconvene? yeah, there's not enough time in the calendar to then move it to the board of supervisors. oh, i see, yeah. okay. well, in the event it comes back, i did have some questions that hopefully you can help us understand. and my colleagues may as well. the

first question i have is just why? what's the point of this. why do we need this measure? it's just a simple, very narrow amendment right now. currently, there's no requirement that the whistleblower program has to report to the board of supervisors once they substantiate that there's been wrongdoing by a department head or an elected official. this is just requiring them to take that step. but why does that matter? does the board what's the board's role in disciplining public employees? it's less about discipline and more about just public information. anytime this has come up in the last five years, which has been pretty frequently, it's been out in the news. it's been out in the media. we get constituent questions, we get media inquiries, and the supervisors are just as caught off guard and have no idea what what had gone on, what why this is going on. so it's just to provide more transparency in the process. and then thank you for that. and i had another question.nd not be r area. i'm curious when it's when the controller resolves an investigation or substantiates i think is the term you used. i

don't know what that actually means. are they doing like a public hearing? is it does the accused person have some kind of role in it? because i don't think the legislation as proposed defines or explains the comptroller's process. so it wasn't clear to me what triggers the actual proposed notification to the board. that's the whistleblower program has its own process. that's already that's already established. i'm not privy to all the details, but i think it's substantiated. once they conclude the investigation, which finds that they're guilty, you know, for lack of better words, for whatever wrongdoing. but do you know whether the employee at issue has any kind of a role in that any due process, or is it more of a one sided the controller investigates. and then my understanding is there is some process within that investigation. right? okay. and it may be moot if this isn't going forward, but if it comes back, that's something i'd want to understand better. and that may be more on the controller side. do my commissioners just

the clarifying question, are the outcomes substantiated or not? otherwise public, or is this creating a way just for the board of supervisors to figure out what the outcomes are once they're substantiated? i think they would be. they are public records. there's just no like requirement to share that. so unless someone knows, i'm sure they could ask. but the idea is just to share that that's happened. i see. so they're not published as a matter of course. it's right. right. thank you. then i did have just a question that maybe our mr. adams can weigh in, that my question was, when i read this, it looks like it would affect the ethics commission's investigations. but if that's not the case, i'd love to understand how that how that works. i think you're asking here about the reporting requirements specifically. correct? that's right. yeah. my concern is that it would require the controller to report ethics commission's investigations and 60 days in the world of investigations is not that long. and my concern is that that

would interfere with the enforcement division's work. if. yeah. and without getting into the, you know, advice that our department has given to our office is given to the other departments. but you might ask the sponsor how they interpret that language about the which particular investigations the controller would be referring on. i think the legislative digest also speaks to this pretty clearly, perhaps even more clearly than the language of the statute. when it talks about reporting of controller investigations. if you look at the look at that language in front of me, it says to report to the board of supervisors. i'm looking at the legislative digest, the result of any investigation where the controller concludes that a department head has engaged in unlawful activity. so that may speak a little bit more to your point about which investigations the controller is referring or not referring on. excuse me, reporting on. no, that's interesting because i think the language of the statute, the proposed text of the statute itself, doesn't say that. right. it says the results of any investigation that concludes that, etc. so maybe that if this

comes back, we can reconcile the language of the proposed statute itself with the legislative digest, but then also begs the question, what if both parties are investigating it? the comptroller's office and the ethics commission then? but the but the controller's office has made a conclusion, but the ethics commission has not. does that then create kind of dueling and inconsistent reporting? and they may they may not be an answer to that. but that's another concern that i'd have if this comes back. madam deputy city attorney, i don't know if you have an immediate reaction to that, but i don't. but it does seem like there's a possibility for some further. it seems like this is going to have to come back in a new format and so to the extent that the commission is sharing some concerns out with, you know, the supervisor's office and with us, we can keep those in mind as the, you know, possible similar legislation comes forward. yeah. so, mr. chair, thank you for being here. maybe this is moot, but thank you for your time. and to the extent it does come back, those are some of the concerns, i think that they're not even concerns. they're just i tnk

information gaps that like to understand better. commissioner francois, commissioner salahi, any other questions? thank you. while you're here, is there anything else you want to tell us? but thank you for being here. no, that's i'm glad this is on the record and hopefully someone else does pick this up and that sounds like a clarifying amendment that could be added. okay, next time you hear it. great. thank you so much. okay. thank you. even though we're not taking action, i think we have to take public comment because it's on our agenda. thank you. does anyone in the room wish to make public comment on this item? yes. good morning again. my name is ellen. l e n l e z h o u. i work for the public health for many years as a previous public employee, i was a whistle blower and after we the people report what's wrong with certain department and we the public employees being retaliated. for example, in my example i report about

covid 19 shots, a poison jab, a bio weapon and tell my public health leaders and the whistleblowers and the city leaders, including the mayor and our board of supervisors. so what do i get? suspension and termination. so the whistleblower department is not like what you talk about in here. so for all the board of supervisors receiving and telling them from the medical perspective, covid 19 shot is a bio weapon against our very own people. many people will be dead. it has been die dead, suffering from public health. another area this is for the clarification of public, public practices. the government only have two responsibilities one public health, two public safety, and none of these two carry by any of the board of

supervisors or the mayor or anybody working in here in the san francisco ethics commission. and from the record that i have been coming here for the last many years, because i ran for office in 2018, 2019 and 2024 as a mayor candidate and also as a public employee for almost 20 years. i was wrongfully terminated because i report the truth about covid 19 shot. it's a bio weapon and due to religious exemption, many of the christian, i would say most of the christian turn in the religious exemption. what do we get? all christians, all catholics who turn in religious exemption was wrongfully terminated because we are unvaccinated. and till this day we have so many court cases. and who pays for the court cases?

we, the plaintiff, paying our own cases, the defendant, the public, the public money defendant spent millions and millions on whistleblower defending a bio weapon and refuse the public workers who are wrongfully terminated because we refuse to take the bioweapon covid 19 vaccine. so i am here to remind you your department has no power and your department is just another public puppet show for the public. so wake up. thank you. your time has expired. mr. clark, would you check if there's any remote public comment on this item? we are checking to see if there are any callers on this item. chairman live, there are no callers on this item. thank you. agenda item seven is now closed. i now call agenda item eight.

discussion and possible action regarding the authority of the executive director to make amendments to the ethics commission's ethics commission regulations. mr. canning. thank you. chair. this is more of an administrative matter for the commission regarding ethics commission regulations. from time to time, staff will observe not minor non-substantive errors with regulations. there are a couple of examples presented in the memo one with regulation 3.205-1, where clearly from the context of the reg and the legislation was intended to be march 31st, was entered as march 30th, as well as other kind of numbering and formatting issues. the recommendation before the commission today is to pass a motion that would give the executive director the authority to make minor non-substantive amendments to commission regulations without requiring a vote by the commission, which we believe will just allow staff to, you know, efficiently

maintain the regs without having to put matters before the commission that might not require your attention. thank you. and those are helpful examples in the memo. this seems like a pretty straightforward no brainer to me. but colleagues, any questions? yeah, i agree with that. what? just for clarity, in the public record, is there a process for documenting what those changes are and reporting them out publicly other than actually modifying the text? just some way of keeping a record of when such changes are made. maybe. maybe there's maybe it's a good idea to have some sort of mechanism for that, whether it's publishing to the website or letting us know whenever that happens. just so there's some record of it. yeah, we can explore that. i think we currently don't have like pac versions of the regs on the website for kind of search reasons. if somebody looks and they looked at something that was maybe amended in the past, we want to have kind of on the website, have the current accurate version. so we might be

able to explore ways to like have prior versions or, you know, have at least a document on the record. if not maybe on the website for those kind of changes. yeah, i think, i think i was less concerned about having an archive of the past versions and just something that says on x date, we corrected this typo. okay. yeah, yeah. we could do like a notice on that, that goes on the website and doesn't, you know, restate the regs but just or, or just in an agenda packet. yeah. or maybe sorry i didn't mean to. no. it's okay. i was just thinking out loud. maybe in the executive director's report every 3 or 6 months or whatever, you can just compile. yeah, but it's a■ good it's a good point to kind of just make sure that people are aware of them. yeah. i think the executive director's report would be a good place for that. yeah. great. thank you. any commissioner francois does, anyone does anyone in the room wish to make public comment on this agenda item? seeing none. mr. clerk, would you check if there are any remote callers? chairman. live. there are no callers. i move to adopt the

staff's recommendation and agenda. item eight regarding the authority of the director to make amendments to the ethics commission regarding revisions. is there a second i second, mr. clerk, would you take roll, please? on the motion to adopt the agenda, item number eight, chair finley, i, commissioner safaí i commissioner francois, i chair finley with three votes in the affirmative. the motion is approved unanimously. thank you, mr. clerk. i now invite. oh, sorry, mr. director. board, are you approaching for. sorry? where are we? please. okay. sorry. i may have skipped something. i thought we were at the number nine. number nine? which is? please go ahead. yeah. thank you, chair finley, for the

record, patrick ford, executive director. item nine contains a proposed meeting schedule for calendar year 2025. this is a routine process that the commission goes through of setting its meeting schedule for each calendar year. and the schedule that is in this agenda item would follow the commission's current schedule for calendar year 2024, which is to meet at 10 a.m. in this room. city hall, room 400 on the second friday. except for january and february, we're proposing to the commission that those two meetings be held on other days in order to accommodate the budget process that's required by the board of supervisors. essentially, before a department submits their proposed budget to the mayor's office, we have to hold two public meetings to discuss the budget. and it's very difficult

to follow the board of supervisors and mayor's budget timelines. if we were to keep those second friday meetings first, we wouldn't have enough time from when we get the budget instructions to actually publish a budget proposal and be ready to discuss it by the second friday in january. and then in february, i think we wouldn't have enough time again to digest and have that meeting and be fruitful. so we're proposing just departing for those two meetings, but for the rest of the year to keep that standard schedule. i don't think i have anything else to say about this item. so glad to answer any questions you have. thank you. mr. ford. any of those states raise flags for my colleagues? not at this time. does anyone in the room wish to make public? thank you, mr. ford. does anyone in the room wish to make public comment on this item? yes. thank you. my name is ellen. l e n l e

z o you. regarding this item, the ethics commission meetings, i would appreciate that the ethics commission, when you cancel your meetings, that you send a mail alert to people. so people like me are coming in here. i've been here 20, 24 many times, but there's two times you cancel the meeting just one night before, just the day before, the morning before. so i took my time to be in here. i raised my guess. i raised my time. and as a courtesy. and you are a government public servant. and so that's my request. please alert people that you change your schedule farther away. not the morning, two hours before your meeting. being canceled. thank you. mr. clark, would you check if any remote public comment live? there are no callers. thank you, mr. clark. i

moved to accept staff's recommended calendar and agenda. item nine second. mr. clark, would you take roll, please? on the motion to accept item number nine. chair. chair finley, i. commissioner safaí, i commissioner francois i chair finley with three votes in the affirmative. the motion is approved unanimously. thank you, mr. clark. i'll now call item ten. discussion and possible action on future meetings and apologies, director ford, i thought this is the item we were on last time. that's why i was confused when you were at the podium. so that was my apologie. i had one kind of thought, and it's about the factors that we consider when we're looking at employment waivers. the disqualifications, and also, frankly, the penalty factors we consider in enforcement actions.

to what extent are those something that we n supplement or add to? are they. and i didn't give you a heads up about this. so maybe you don't know. but my question is how much we can weigh in on considering additional or updating or modifying those factors that we consider. sure. so for the waiver standard that is in the code, but i think that the commission has shown a willingness to look at other factors beyond what's strictly stated in the code. that could be a reg projecto memorialize additional factors that you look at. otherwise it would have to be a legislative project to go and actually change. for example, if you wanted there to be the same standard for each of the different kinds of waivers, like to just make it no possibility for undue influence or unfair advantage as opposed to extreme hardship. if you just wanted to have one single standard, that would probably require legislation. but if you

wanted to just iterate some additional factors that you want to have standardized as part of the process, i think a regulation would want to talk with the city attorney's office, but to me that seems like that would be doable. is that the thank you for that? is that the same for the penalty considerations? yeah. penalty considerations. i know that those are in the enforcement regulations. so those are certainly within your purview to change. and i know that that's on the enforcement division's schedule for the rest of this fiscal year, is to be reviewing those regulations and studying them and presenting some proposals to you of ways that they want to change the regs to support a better case resolution process. so i will communicate to them to also look at penalty factors and to talk with you about if there are additional factors or different factors you think would be better in there. we can roll that into that project. yeah. then could we also then roll in the waiver criteria for the employment waivers as part of that same conversation? or do you think they should be separate? i would suggest keeping those separate just since one is enforcement

and one is, you know, compliance side project that probably michael would would lead on the waivers and bc would be leading the enforcement one. that's a good point, right. keep that separate. and then for the madam deputy city attorney, i didn't flag this issue. so you may not have any immediate thoughts, but if you wanted to weigh in on, i guess, to pinpoint the question as what where do we have this space to kind of supplement the considerations that we consider in weighing the employment waivers and penalties? you know, i don't have anything to add at this point to what the executive director said, but i can certainly look into that as well. and we would, of course, work closely with the staff on whichever, whichever aspect we're looking at. but i do think that that idea of looking at those as two separate tracks on the compliance versus the enforcement side is probably one one helpful step. there. and then, of course, thinking about what's in the statutes versus what's in the regulations. great. thank you. i have a question on that for the waiver criteria side. to the extent that that standard is set in the

code is our what room do we have through regulations to try to construe that and elaborate the factors that we think fall under what what the code says? i assume it's just as long as it's not inconsistent. i think that's sort of the first cut is it's not inconsistent. depending on the specifics of what you're looking at, we'd have to work with the staff to make sure that that's, you know, within a plausible reading of the statute and is there room? is there room as an interpretive device through regulations, or is it really changing the meaning of the statute, which would probably require a legislative process? okay. thank you, mr. canning. yeah. if i can add to add to that the what's in the code are the standards that need to be met. so the finding extreme hardship or the potential for undue influence or unfair advantage, all of the factors that the commission looks at to determine if those standards are met, those are all in the regs. so there is you know, i think and one of those factors is any other factors the

commission deems relevant. so in recent waivers, the commission has taken a pretty broad interpretation of that and pulled in additional factors when it thought relevant. thank you for that clarification. that's super helpful. great. commissioner francois, any further meetings? future meetings? great. did i don't think i took public comment on this yet. does anyone in the room wish to make public comment on agenda item ten? discussion and possible action on future meetings? seeing none. mr. clark, would you check if there are any remote folks? if there are no callers for item ten is now closed. i now call item 11 one additional opportunity for public comment. does anyone in the room wish to make public comment? yes. well good morning again. happy friday. my name is ellen l l e n z h o u. i want you all to know if you spend

your time working for the government, get paid or volunteer as commissioners, you sit in there, but you're not productive to our life. we still have a lot of homeless people dying. we still have a lot of missing people from san francisco street, and we still have all those corruptions going on. and we have 13 positions for november 5th, 2024 election. we had about 100 people. candidates come out to run for 13 offices, myself for example. this is my third time that i that i come out, run for mayor. i run in 2018 and 2019 and 2024. i am a conservative mother, a pro-life mother, a christian, and an immigrant, and was a public worker for almost 20 years. and yes, i'm a proud supporter for president trump. so this is the point. the government only has two public duties public health and public safety. with your ethics commission or civil

commission or any other commission, has nothing to do with the quality of life in san francisco. obviously, many of the people are appointed into the position as commissioners. so in your department at the commission, it was established by the voters in 1993. so since 1993, right now, 2024 for 31 years, what have you done that is good. good for public safety, good for public health? the answer is nothing. so with you commission alive or close. terminate nothing. nothing. impact. there's no impact for you to raise your time in here. i'm not talking about you as an individual. i'm talking about at the commissions because obviously san francisco has been controlled by the deep state. the puppet masters is called agenda 21, fail dead. now they're working on agenda 2030, which is the new world order.

another word for globalists, the elites, the non-elected public people trying to kill you and me and other people in america so they can take america. we move you the liberty, happiness and safety. take a look in san francisco, 59 years, one party democrats, anyone who's conservative opposed them, what do they do? harassment, discrimination. before the election begins, they've already picked five criminals and say, these are the people that they will support. so you see at the commission, you have no judicial power for what you do, and you're just sitting here wasting your time, your personal time, and thinking you're doing good. but san francisco has been worse than the third world. and more people die, more drug dealing and more people left san francisco. thank you. your time has expired. mr. clark, would

you check if there any remote callers? fan live. there are no callers. thank you. hearing no further callers. this additional opportunity for public comment under 11 is now closed. i now call agenda item 12 adjournment. thank you. this concludes our november 8th, 2024 meeting of the san francisco ethics commission.

5 o'clock. >> (music). >> co-founder. we started in 2008 and with the intent of making the ice cream with grown up flavors and with like and with tons of accessible freshens and so we this is - many people will like it and other people will like you my name is alice my husband we're the owners of you won't see ice cream in san francisco and really makes fishing that we are always going together and we - we provide

the job opportunity for high school students and i hired them every year and . >> fun community hubble in san francisco is my district i hope we can keep that going for many years. >> and i'm alexander the owner of ice cream and in san francisco and in the outer sunset in since 1955 we have a vast of flavors liar choke o'clock but the flavors more than three hundred flavors available and i am the owner of the ice cream. and my aunt used to take us out to eat ice cream all the time and what can i do why not bring this ice cream shop and (unintelligible) joy a

banana split or a great environment for people to come and enjoy. >> we're the ordinances of the hometown and our new locations in pink valley when i finished law school we should open up a store and, and, and made everybody from scrap the first ice cream shop any ice cream we do our own culture background and a lot of interaction and we're fortunate we can get feedback and serve to the king of ending and also

[music] >> opening this space with my sister, and being able to continue the very deep literary lineage that exist in the mission is part of the fabric of the neighborhood. this is neighborhood of poets and litary readings. you see the writers from the

neighborhood, their books are here. paul flores books are here. --that is what we are doing, keeping the litary lineage alive and going, you know? [music] >> san francisco is actually the only place that i can do this. in its quite way, something i can actually do that is a benefit. sure, i like to open up a really cool well curateed spot. it would be beneficial but not the same beneficial it is here. when i say young folks that remind me of us, when we were that young, and they come in here, they can relax. nobody is following them around like they are going to steal anything.

that means they can be a little more free and little more of themselves and i can do some small thing that helps them do that and that is part of what lets me know i'm doing exactly what i want and need to do. [music] >> we have events here that focus on the deep neighborhood history here on the artists and writers. if you look now there is antany, his exhibit and focus is on neighborhood people. artists muralist, the space was basically a gift given to us in a really weird way. we had to work our asses off for, but it was that opportunity for me that chance to be that link in the long

literary chain of the neighborhood. it is a blessing to be here. [music] >> last time but i look forward to a productive and efficient meeting. as is our customer we like to read the acknowledgment and then we will proceed with our meeting. san francisco acknowledges that we are on the unceded homeland of the ramaytush ohlone. as the indigenous steward