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tv   Ethics Commission 72715  SFGTV  July 29, 2015 3:00am-6:01am PDT

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. >> good afternoon, everyone. ladies and gentlemen welcome to the monday, july 27, 2015 regular meeting of the san francisco ethics commission i say regular meeting that was essentially contemplated that this meeting would be cancelled because we school one in july or august but because of the need to have public button the two items on tonight's agenda we decided to go forward tonight i will first call roll commissioner hur
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commissioner keane councilmember gloria's and the executive director have been excluded from tonight meeting i'll tell you that some the gentleman didn't have to abstain himself we'll switch the agenda items number 4 will be taken up first that is the ballot measure statement and then we'll take up the agenda item number 3 that deals with the recruitment profile so agenda 2 public items appearing or not appearing on tonight agenda. >> good afternoon, commissioners i'm charley for the record you have my e-mail where i suggested
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respectfully you might consider amending our bylaws for the purpose of having a consistent provision in the law for filings to proceed all legislative and other important types of things which you do including placing initiatives on the ballot to the public has a clear idea why this particular measure or act was taken with that said you can do easily by a majority vote that applies to all the areas in the administration something you do anyway as a matter of progress it would be a useful thing and signal to the public this is a matter of the bylaws and this is standard so the public will have
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that assurance that is a good faith gesture a that's my public comment. >> any other public comment? turning to item number 4 discussion and possible action on future commission activities relating to the expenditure lobbyist ballot measure you've all received i think hopefully the amended copy of the proposed ballot measure which was somewhat changed from the original that was i think sent out when this agenda was sent out and in any case we also have received a memorandum from the city attorney's office southerner the restrictions that
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have to govern any ballot measure language we place on the ballot on the yes - in connection with the proposed legislation and i will let city attorney andrew's just summarize i think the copies of memorandum he escalated to the commission are available to the public so you that will understand and get a little bit of combines as to sort of the restrictions and limitations what we can and can't say in the ballot measure establishment. >> deputy city attorney andre i'll try to be brief my apologies to the you been
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members of the public but i'll be brief certainly the other commission has submitted a bloo measure for the ballot to weigh in with the measure that was discussed in the memo the first we're discussing tonight the ballot argument from the decision voter apartment the second the commission ballot hearings that is taking place that will be considered by the committee on friday morning and a third, the more likely as we post the november election day mercedes benz e members of the ethics commission having may have to speak to groups in the newspapers editorial boards members of political neighborhood clubs and the
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democratic republican party they may simply invited people to talk about the measures as a general matter our advise to the notification and really all city officials and staff who are involved in the ballet measures heading to the voters for consideration there certainly can provide background motion o information context and explain why the measure is appropriate and a good idea what the measure is intended to address that while governments can provide or play the information role with the ballot measures before the voters they can't cross the line into more explicit mini or related activity like sending out glossy mailers you know disturbing as
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that are sort of normal such campaigns and certainly tonight's ballot is one piece for the information to the voters and certainly i'm happy to help the commission go 0 through tonight's argument and the measures. >> thank you with that i'll open up the decision to the commissioners as to the draft that you have as far as the ballot measures before us tonight commissioner keane yeah. i need just a little bit of guidance in regards to what we can and can't is as commissioners in regard to the ballot and the whole election process and reporting process if for example we're contact by
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a reporter and the reporter asked what is the measure are we allowed to give our vrpdz of what the measure is. >> yes. you can certainly respond to requests what is the measure trying to he'd and do any factual information about the bloltd is provisional. >> i'm not in trouble u trouble i pointed with a chronicle reporter a couple of hours ago. >> i'm happy to plead for you. >> in terms of estate what is in it what the factual background even how about what the debate was we had and in terms of reporting rather than campaigning or arguing in favor
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of something giving history how people appear to look at it while it was being debated i ask this mainly i've done a fair enough of tv and radio commentary on legal matters and i don't know where i should keep my mouth shut are get in trouble as a ethics commissioner what i can and can't do in regards to history i think so and not certainly campaign or nothing like that it wouldn't be appropriate for any of us or engage in matter of debate either pros and cons what about talking about history and talking about various things like the state of the law in the country in terms of citizens
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united and what is left to us in terms of the disclosure of lobbyists as opposed to any prohibitions a payment of money i ask that also with my constitutional law professors in terms of talking to members of the public about that - can you give me some guidance i don't want to get in trouble. >> a couple of are 24rer8d matters we'll touch on one of the things we recommended in the memo is in response to those inquires you'll get from the public more and more often as the november election certainly one thing the commission wanted to establish a protocol that is up to the commissioners segregation e discretion you can think about second in terms of
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what you can and cannot do say for some guidance on the third page of the memo we provided 3 bullet points to provide factual information should void campaign rhetoric or slogans and not explicitly you're going to vote one way or the other certainly another information that don't violate any of the rules 2, 3, 4 referencing what the debate was i think certainly mentioning what the issues were before the commission certainly some decisions the commission had to make with seismic provisions of the measure you certainly can relate the pros and cons the different sides of the commission debates that is perfectly fine with the context that is harder to define i guess
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it depends on what you mean by sort of the larger debate and certainly it you want to start talking about citizens nieptd it are more in campaign restrictions as a supreme court ruling about expenditures and not about lobbying now this is not in the case people but united and the measure the commissioners put forward to the voters. >> okay. he think i'm okay. >> certainly as we go forward i'm happy to talk with the commission or any individual members what is or not appropriate mentally can't be crossing the line. >> i mentioned citizens united because of the importance of disclosure and transparency are
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the only things that seem to be left of governmental regulations relating to spending money by lobbyists after citizens united and so since we don't have any kind of reigning in on the vast amounts of money in public forum disclosure would appear to be something that would the public would want to shaken or look at with a color eye in terms of protection of the public in terms of what is going on out here in the location process. >> yeah certainly certainly that point is well-taken obviously the united disclosures is important in terms of
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campaign financing and oversight i guess the one argument you may in invoking citizens united is a bogey man in terms of the issues we deal with with and didn't directly relate to the lobbyists issues. >> okay. thank you mr. chair. >> any other commissioner comments. >> thank you commissioner renne in light of the memo from the city attorney i have a proposal we use the finding that are currently in the existing ordinance and slightly modify them to serve as the ballots description i think that is as factually complete as proposed
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i think it is a little bit left argumentative and given the city attorney's advise about trying to be as objective as possible in the proposal 0 i think this pretty much meets the requirement the finding i'm referring to in section one on page one and with slight modifications let me premise it some of the proposal came from here in any event and i think with anywhere modifications we can accomplish the purpose as and so forth in for the voter information passed. >> the minor modifications i would make relate to the last -
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the start of the last sentence an page one the city requires the disclosure and change that to this ballot measure seeks to protect again, just making it so it is- discussing what the ballot measure would do rather than what it as already done similarly in section c of the second line after the com ma in decision making i would add the ballot measure soaks to explores rather than the inaction of the ballot. >> what page. >> on page 2 and that's line 15. >> and what change would you make there. >> i would make the change
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after the phrase decision making a correct. >> i would put the ballot measure seeks to rather than the ballet measures would do. >> and then finally in d although this is a picture i would change on line 21 this ordinance to this ballot measure. >> the only other substantive difference may not the only one but perhaps the most significance the dollar amount is not currently included in the findings i'll have no objections to including that but otherwise i think this accurately and relatively and i am partially provides the message we need
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so what you would suggest is that we adopt as a ballot measure just the language of the finding start on line 22 on page one through line 25 on page 2 the - changes that you suggested. >> correct. >> any comments? >> commissioner renne if i might add past the city attorney or staff if they have thoughts on that. >> yeah. one thing i'm trying to check quickly the wording if you could give me a second. >> it is roughly the same length may not bnot enot ot t be
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not. >> yeah. i don't see is word limit it seems intoxicate roughly the is that you. >> you want to make a motion? yes i'll move we adopt the finding starting on page one line 22 through page 2 line 25 the amendments i've proposed as
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the ballot measure proposal >> second. >> any public discussion. >> hello commissioners. i'm larry bush the one thing not in the finding commissioner hur mentioned this proposal reverses something that is the law we refer on page 2 to in many years lobbyists have been required to file but it didn't it is a is that that measure is intended to restore sdoeshz that had existed in san francisco it is important for the public to see a restoration didn't - thank
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you. >> i'm bob plant hold a couple of points first on words when i heard from commissioner hur that is the proposal that is a different matt haney than proposed ballot argument i could take this to mean a substitute legislation i ask you to clarify he didn't say proposed ballot argument i'm brought to my attention so, now i wanted to get 0 on to the questions of presentation about responding and when i was an officer i'll jump to the end after the protection was over and i the a major interview in the city attorney's office dennis herrera passed by me and said congratulations bob you didn't fill in the blank up on the
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interview and the presentations those restriction are at needing to be burdensome i ask you to despite someone on friday morning i do and stood figurative to answer questions about matt haney and i'm urging the commission those staff are knowledgeable and the attorney you're the folks that will interpret the meaning and answer any questions i answered questions about the meaning of the words of ballot simplification i think it would be helpful as to presentations or responses to invitations to speak here again you're going to find if you do both groups are disappeared one veterans groups do you want us to support it
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they couldn't accept the fact to sacrifice neutral i said what is the effects if it were implemented and changes in various ways i'll mention you'll get people that want to push do you like it they ask all kinds of probing questions to ask you to step over the line i hope you folks speak up this absent ever anybody makes the voters of that group question well, why is it posh if you're not there to represent silence can indicate lack of concern, lack of commitment attending those groups to comment from a neutral stand out informs the voters connection to benefits thank you. >> thank you.
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>> gloria killian good evening, commissioners mark solomon if memory serves from 2000 the limit is 3 hundred words for the argument and 50 for rebuttal but it's been more than 10 years i want to start with mr. bush's comments the passed law to what mr. plant hold said whatever the commission didn't put this on the ballot it speaks for itself where whether or not people should vote for it thank you very much. >> charlie i would repeat i think what everyone else is saying your sanctuary as a representative before broupz groups to refer to the history and jen us of this section of
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law coming back to the voters restoration so i think that answers a lot of the questions in the publics mind as to where it came from you can explain perhaps why it was repealed under simplification purts but a need for this to come back into law that would be my recommendation to you that's probably the way i'd handle it if you were a commissioner. >> thank you. any other comments? >> commissioner keane. >> yes. i mr. chair i would ask commissioner hur whether or not he would accept this is a friendly amendment some language
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shows indeed that was a requirement that the city had until 2010 and it was changed there were restoring it that had no requirements that was a big part of the discussion i think that is a big part of emphasis and contractually conceptual lists it we talked about the fact that san francisco is really an out liar by not having this type of expenditure lobbyist protection every other jurisdiction has it it would be good for the public to know we're restoring something do you have any spot in that language where we could - i think we all agree with that suggestion. >> i was trying to find it i
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couldn't. >> i have one commissioner and i agree commissioner renne with our suggestion i would put it it right before the sentence on line 17 i'll add a sentence is this ballot measure reverses the requirement public disclosure of expenditure by expenditure lobbyists that existed in san francisco until 2010. >> just one clarification so actually, the executive lobbyists was in 2009. >> it was. >> yeah. just to clarify. >> would you repeat. >> this ballot measure reverses the requirement of public disclosure of spending by quote
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expenditure lobbyists quote/unquote that existed in san francisco until 2009. >> thank you. >> the next sense sentence it is not unique to san francisco. >> in terms of following up on i'm not sure where the commission was if you want to include a medication of the explicit $2,500 threshold i very specific language if you want it i don't know if the commission wants to include that. >> i'm on that issue if you want to include it but you don't i did not feel it was essential. >> so it is clear the motion is adding the language that is going to go in the voters pamphlet for - if the commission concerning the ballot measuress.
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>> sorry for my lack ever clarity on that. >> i'll call the >> all in favor, say i. >> i. >> opposed? carries unanimously before we leave this whole subject matter, however, after discussions with the city attorney and having read his memo i think i would be inclined to ask mr. mini art to be the one to represent the commission before the ballot simplification and also be the spokesperson for the commission one because i believe he probably has more familiarity of ins and outs of that legislation than certainly i do
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and i for my own position i would be more and more most comfortable referring anyone that asks me he's the spokesperson so i don't run afoul of using words that the city attorney tells me are loaded words or words that are campaigning i have to say what he first discussed this subject you mean we can't tell you voters we're in favor of that it was intuitive active we have to say as i read the memo we can't he's right we are restricted from
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advocating for any ballot measure no expectation to those we put on so my suggestion to the subject what other commissioners feel we designate to the deputy director to be the spokesperson to address the concern that shows that the commission isn't behind it or not enthusiastic about it because we don't attend the community meetings or we don't respond to the press i think that is sufficient to tell them under our ethical obligations we can't but i will open that to discussion. >> mr. chair. >> commissioner keane i'm
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having a lot of trouble not that i'm not going to go along with everything you've said not the fall but u fault but on a logical part mr. speaker in terms of your orange e original statement a question for the gentleman we're the notification ethics commission we have put forth unanimously a measure that we believe that will certainly buy our votes the voters of san francisco should adapt this measure goes to good government and policy and everyone else now before the voters for consideration we have had r not to give the appearance we're pushing the measure we think whether it it's a good thing and
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that we not endorse it to the voters this is just a measure we've originally put on there is something terribly inlogic that rubs me the wrong way in fact when i was first considering it i'm not going to do this i was thinking of challenging it in teaching the first amendment in any constitutional law i teach on the subject of unconstitutional conditions in terms of whether or not citizens can be subject to a unconstitutional condition when they have certainly roles in socialite and one of the unconstitutional conditions certainly would be that one
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can't speak out as an individual in the elect roll process what you think should be involved i have a lot of problems with that on the first amendment i'm not going to make an issue of you but i'm often thinking of it and i've vented enough i just wanted to get that out there. >> should - am i overstating the restrictions? i feel are encompassed obtain our role as ethics commissioners to comment it should be obvious to the voters we're in favor of it we voted for it but as you
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leave the cases and our advice we can't become advocates >> that's correct mr. chair but following up with the previous responses to commissioner keane we certainly can provide information there is not that means you can't provide objective and partial information as the gentleman mention you commissioner went to mergers and outreach gatherings to talk about the measure as well you're not legally riders as a commissioner not to be involved if you rather have it as a spoke up it is up to you occupying that spokesperson as with jessie a staff member that is not different in any respect but this would be i think the
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best way of abiding by the activities we've talked about in the memo information there is an official designation of that responsibility to a particular - well combination member of the staff members that it should be an official designation so people are not accused of going out on their own and violating some of the rules. >> commissioner renne. >> following up on that then a good no disrespect to mr. mini art but commissioner renne i prototype i think we need much more appropriate if you as chair the committee were the spokesperson because this is something important it is the first time in 13 years that this commission has put something on the ballot we can't go ahead and
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put the emphasis behind it in the political process that we i think i and perhaps i think several others feel is entitled to because we put it on the ballot i think at least we can say we can show that it is important enough to the public that we want our chair to be the person who is the spokesperson in regards to what this measure is all about i think i respectfully ask that you serve in that capacity mr. chair as the spokesperson for it rather than a staff member. >> i appreciate the confidence or comments but if i were going to do it i would want to do it in conjunction with a staff
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member. >> that's fine. >> i've would feel necessary to defer to him on questions that might be i wouldn't feel comfortable answering that i'm factually accurate and i think that would be fine you be the spokesperson with the assistance of mr. mini art at your side in regards to anything you might want to ask him about. >> any other discussions. >> that sounds good to me. >> i agree with that, i just in listening to comments from members of the public i do think this is important that
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commissioners be visible in terms of representing this ballot measure and representing the facts of the ballot measure although we can't state or take a position or advocate that is understood that's why we're in favor of it but i think it sends an important message to the public the commissioners are evolved and if we're going to be speaking to groups the chair and mr. mini art together that would work very well and anywhere else in the world you, you you know we'll have anything do a communication session we have all the same talking points and reading from the same script to the public but since we're not allowed to do that unless we have a public meeting we'll not
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have a public communication strategy not that we don't value our input but i suspect that is not going to happen it might not a burden for you commissioner keane. >> i gladly designate to you. >> (laughter) >> i suppose we can put it in the form of a motion and have public comment. >> i move commissioner renne is designated and a spokesperson in regards to that ballot measure and using the assistance of mr. mini art. >> commissioners can i clarify it is for the bs e committee simplification ballot. >> any public discussion? >> hello commissioners larry
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bush i thought i would share some of the issues when i appeared before the sierra club some of the issues are policy questions for example why is the commission putting this on the ballot instead of going to the board that was a policies question that was the board not a staff why are the nonprofits segregated by 50 c-3 and serving people in los angeles but only nonprofits by definition it includes nonprofits in the depiction if you look at the issues about the issue advocacy nonprofits that are supporting good afternoon walkers campaign the relationship was clear he
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was indirectly that all of his money for issues be sent to the nonprofits so he didn't have to deal with them thefr they remember his donors the question by the court if this was a coordinated campaign the court decided no first rights for the advocates but certainly can be true in terms of lobbyists that are doing the expenditure lobbying on the measures by the board of supervisors who happens to be in some other office those are issues beyond the staff level i was asked whether or not this measure was aimed at their airbnb or other issues that is a question your best able to answer yourselves i was asked how much of how much money will the fees raise for the 5 hundred
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thousand plus i don't know the answers for any of the questions i don't think anyone in the room knows off the top of your head but the issues i'm having appearances coming up in a number of sessions i'll be happy to share whatever i learner from the sessions thank you. >> can i comment on that in terms of the questions that we're proposed as examples i'm wondering whether or not we couldn't have a document that would be frequently asks questions about the ballot measure i hope that wouldn't appear to be advocating for the measure but would that be legal mr. chin. >> yeah. in expect it about what you say not how you say it
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again if we're talking about what the measure doesn't see it is okay. >> people have many questions and if we could have something on this website we could turn to as commissioners that would be helpful i don't think we've done in the past. >> good evening commissioners elder a forensic of ethics i'd like to say i think that is a very wise decision to have a commissioner appear before the public and not advocate but answer questions one of the biggest problems that with that commission that needs to occur to restore capitol hill's public confidence in you and one of the biggest problems
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as a former civil joorj looking at xhibts that commission has advocated its authority to the deputy or the executive director this is a very good first step in making the public have more confidence in this commission thank you. >> thank you. >> thanks mark solomon that is important to send a commissioner the ballot implementation is a place to have a commissioner not more staff it is a bizarre operation in city government and this has a major impact you can speak what happened to the commission what arguments were made who said what and what you heard as commissioner without
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going forth and saying you have to vote for this but i think that is important that we are trying to get to the root of how public dollars have spent to influence the public process the commissioners that are public officers make direct advocacy i think you can make a bad law further commissions can side all kinds of bad things but the commissioners constraint your bound to a higher standard of what you can and cannot do but making the comments you have to be residents and voters of city that is a more direct connection to the voters and putting that on the ballet thank you. >> any other public comment? >> with our permission i'd like
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to speak for a second about the previous motion i the look at the municipal elections code section 575 has a 3 hundred word limit you should be prepared to think about the rebuttal argument if there is one put forth there's 2 hundred and 50 word limit we'll feed off that argument look at section 575 thank you. >> thank you. >> dr. derrick occur i agree with commissioner hayon that a commissioner should speak about this ballot initiative and sense commissioner renne has anytime not familiar with the in can see
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have commissioner renne because he is familiar and spends great deal of time it make sense to me. >> thank you. >> any other comment? we'll call the question >> all in favor, say i. >> i. >> opposed? that carries and that will include i assume as i think there is a shorted window for a reasonable person if there is opposition i'll draft and approve a rebuttal. >> if the commission didn't time can i follow-up on the feedback interest that was
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helpful 535 provides the word limit limit. >> 518 or 538? >> i would suggest that we can to the extent that cut it down a little bit it exceeds the 2 hundred and 50 we'll do some editing but keep the tune of the lunge on pages one and 2 of the findings is that all right. >> yeah. i think if we are designating to the commission to follow up and shorten their argument we may want to designate the commissioner responding to the rebuttal argument that was what i was asking you
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was saying that i assumed that i would have the responsibility seeing i've been designated as the spokesperson also. >> sorry. >> having the responsibility of prep a rebuttal to whatever opposition. >> understood. >> i'm absolutely fine with that i'm not sure that was crystal clear in the motion but if it's okay with the city attorney i'm fine with that. >> i think that is up to the commission if the commission wanted to redo you want that that is up to the commission. >> we're asking for your advise not have to be done but if it does. >> the executive director is did he say absent tonight. >> i'm asking your advice for a city attorney do we need to do
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that. >> you can out of caution recast the vote. >> why not make a motion. >> i move we also allow commissioner renne to have to shorten the ballot measure proposal and to respond to any arguments or rebuttal with the city deputy city attorney. >> is there a second. >> second. >> public discussion hearing none i'll call the vote >> all in favor, say i. >> i. >> opposed? hearing none it carries unanimously all right. turning now to agenda item 3 and the decision and possible action on the recruitment
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profile for the executive director position again there has been an amended recruitment profile i think you've all received and corrected some of the errors that have been appointed by a number of people and i will call for discussion on that revised draft. >> commissioner keane. >> yes. mr. chair i don't have it in front of the of me right now but we had a transmission
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from mr. bush pointed out out i think accuracy in regards to like who is now the president of the board of supervisors. >> that's been corrected. >> oh okay i'm fine. >> i had an amendment to the top priorities on page 5 of the draft. >> okay. >> enforcement i think we need to be a little bit more specific i'll suggest we say lead staff in efforts to insure compliance with the ethics laws and effectively coordinate with other agencies.
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>> i also think that we might benefit from hearing some public comment i know we've got some correspondence at a high-level of concerns but if the public has specific edits they think are appropriate that would be helpful to hear that. >> all right. commissioner keane has referred to an e-mail that mr. bush sent to all the commissioners so on and so forth some gyms and specific ones as to what he believes should be included and not included and i will call for public comment at this time
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>> thank you. i'm larry bush the materials i sent was the product of several people including awe lane the past foreperson that worked on the ethnicity with the civil grand jury report and attorney on the civil grand jury and other people involved i tried my best to provide a run down based on the organizations that was in the material but in large measure what that announcement didn't do is provide a real sense of what is going on in san francisco and how the ethics commission fits so what is important about san francisco as a city right now is not that we have museums or the constitute institute for arts but in a time of great change those changes are bringing
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pressure economically and have an impact on the work of the commission when it talks about the city government fails to mention the role of the commission and jet nothing in the article it says that san francisco is unique with a level the participation with the city commission that also does not give preference to enforcement that is on the same par with some of the responsibilities that the commission has enforcements is one of the weakers areas where the new executive director that is an area that needs to be given more priority as commissioner hur just said i think that in general the duties of the executive director have are to follow the policies and priorities by the commission the way it is written it is
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almost as to the commission sits on the sidelines while the executive director sets the priorities if it has to be anything close to that it would be in communication with the commission the commission should be the counseling body not the executive director among the critical qualifications is a record of enforcement since this is one the critical things that is missing there's more those are the headlines >> thank you. any other public comment? >> i'm bob plant hold he was
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appalled to see this draft it reminds me what i the in eight grade in st. louis all the geological is a project month idea it misses the power point substantially any professional interested in it this job with on his own look up information on the city if they don't know about san francisco some of that is irrelevant and simplistic it misses the point you need a executive director who fully taxicabs and didn't take a lot of days off who is going to communicate thoorl with you folks and make sure that you said what press or media inquires come to
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the executive director or come to the executive director from the press and the board and the mayor whoever else in city government you may feel it is too late to restrict that rather than let the timeline drive the adoption of that proposed recruitment profile you consider re writing it yourselves maybe you have to extend the timeline and decision making but to me this is setting the limitation and flaws i've tried to amend nickels you canned it and threw it out i regret whatever money was spent that is not worth a professional response thank you. >> thank you. >> hello gun hilda i want to
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say that what the executive director for the noifbs in san francisco needs to be someone who hadn't been tainted by the previous office of executive director mr. sincroy has not been a glowing example for what would be something of a high standard and unfortunately, i mentioned before this commission has advocated its authority to such a person it's time for a new start in san francisco and it wouldn't hurt to have someone who necessarily hasn't been a part of previous administration but someone who has a strong background in ethics because
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overall the ethics commission is sloped to be the top ethical agency in this city thank you. >> hi commissioner mark solomon when i first got involved in politics in the late 90s i met a commissioner that was drunk there are two types one that runs the department and one the department runs the commission there is a balance the commission and staff has a productive relationship with staff what we have is not going to get here mr. sincroy was outside of the city and cultural of san francisco but the canned school of governments maybe put an ivy league masters program what we've seen from harvard
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university in with supervisor campos and supervisor wiener has not been any more than someone trying to benefit the folks in san francisco that is the nature of the corruption we want someone that is not afraid to stand up for their issues to make sure the laws are enforced no matter who is coming up up and tribe it didn't see manipulating in the city family i'm not sure how to craft that kind of language to that person can have someone with a record of enforcement a record of some sort of forensics to understand the records of the laws to make determines at the end of the day the buck stops with the ed if not with you all we'll have to live with this person lie mr.
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sincroy the other choice would have been an unmitigate disaster so it is a tough grab trying to figure out ways to craft to get someone here it is a tough job thank you. >> thank you. >> i'm rob and i was on crystal grand jury i think that should have a session that outlines the leg framework the position and the commission better than what you have now you have kind of mashed together and outlined by the chart you have the governmental conduct code and finance code that the notification noifgsz
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staff in enforcing and the relationship with the california laws and the f p t c the ethics commission staff is administrative review form 7 hundred filings with the f pbc and then get a sense that the ethics commission itself can put things on the ballot and many of the things within the governmental conduct code initialed by the voters in san francisco in response a abuses by elected officials in the past thank you. >> thank you. >> derrick occur again, this commissions own code of ethics
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calls for form of within the political process that too often comes from outsiders civil grand juries with the sunshine and whistle blower containments rather than an independent reform the ethics commission as an appendage of the city attorney's office your recruitment profile emphasize forcing it's been regulations and others legal itself and it is adherence to laws defines ethical conduct that is the case most of time but ignores the stance that challenge the status quo social justice advances because of moral encourage but your recruitment profile prioritize
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remain quote mature and impartial unquote so while neutrality is important it can become a mask for silence complicity given the tendency of government to be unresponsive something more than neutrality is needed in a executive director and the grafttional pull of city hall is such even a neutral director is going to be drawn towards the powerful and away from the public i think that has happened in recent years so, please consider moral encourage as courage as a qualification thank you. >> good evening, commissioners charley for the record there are some things that have
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been left out of the list when i think you best include because i'm not sure that the candidates wouldn't be taken auerbach if they found themselves in the middle of an election campaign sponsored by you such as the current measure or the official misconduct hearing that obviously took a lot of time and focus about you and your predecessors those things are rare but unfortunately now that the shelf that have that egging has been cracked it maybe more frequent than seen in the past other thing i thought was critical for this position was that maintenance of boundary maybe i'm stakt to speak like
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someone that is criminally trained but boundary have tripped up previous commissioners not commissioners executive directors because it is easy in time to lose sighted of exactly where you're at and so one of your jobs as commissioners to keep essentially heard on the boundaries being maintained by the staff and vice versa everybody needs to be checking and beale each other but the boundary i think calm u came up last time when mr. sincroy was appointed i would recommend that somehow that be addressed in our position requirements is really takes a person that is able to maintain a strong boundary and a sense of boundary those are my
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thoughts thank you. >> any other public comment? commissioners is this as anticipated we would take public comment and any we're not - it wasn't anticipated we agree that the document to go out you've designated that to commissioner vice president andrews and myself and the recruiting firm but we have the input from the public and we'll make changes based on that input but the present anticipation is that we would like to get it out by the first of august with a cut off date after labor day for response is there some reason we have to
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have that timetable >> no except that we the executive director is out as of the 27 of august before our next meeting in the ordinary course under the procedures the deputy director will be the interim director pending the selection of the successor and think the hope was we might be in a position to have a proposed hire by the september meeting but if there's a sense that we need more time certainly we can
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ida be happy to hear about it. >> i raise it mainly because i can understand the considerations of the chairs put forth but i'm very dissatisfied with that job description the way it is and the way it has been put and - it's been put to us by professional group and i guess they have a formula for doing things and it is a very unappreciative document in my opinion in terms of talking about what the job description is all of the criticisms that are raised in terms of starting off with several photographs photographs about what a
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wonderful place for tourism if you want to apply for this job that was an immediate turn off for the fact we're looking for a professional in regard to what members of the public indicated and we we know we want we want someone with a certain focus and dedication and strength in regards to addressing some very important matters of ethics and policy in san francisco someone that is something of a bulldog in regards to doing that things have been raised perhaps about a litigation background an "x" prosecutor or something like that but someone that will pursue those questions should do and come before the commission in a very dense fashion i don't
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get a sense of density it if i were someone looking through this proposal and i had just retired from someplace there would be a nice little sort of thing to fall into not taking a lot of effort not taking a lot of problem i think i'll apply for it i don't think this is the message we want to get across the members of the public told us there is a particular person that we want to fill this job who is going to be doing it in a honest and very vigorous and zealous way at the same time is not going to be attempting to upcoming super the policymaking aspect of the commission and that the commission should be the paramount body that is the
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face of the public and should be deciding many of the things rather than someone we'll hire as the next executive director and sit in the center of this table and have the public look at as oh that's the guy r that runs the commission that's the way it has been looked over the course of years what some justification. >> i think we ought to rewrite this i'd like to take some time maybe extend the time constraints you're talking about perhaps another month and maybe several of us take some shots at helping to rewrite this at least emphasizing various things rather than having this go out.
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>> before i call any commissioners you spoke with her did you not. >> i the i have a have nice conversation with the lady two days ago. >> did you impress express our thoughts. >> in a phone call that laced a while they're not here. >> i agree with that but i've - i know she said she was going to to all the commissioners she'd not spoken to you when she presented this i assume after you spoke with her much of the comments are going to be reflected you want to hold redraft and want more time that's fine. >> can i comment on that i mean, i look i get this is not the
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person i don't disagree with the provision that are proposed i'm fine with revising that but you know let's be clear a perfect document is noticing not going to materially change i think the number and quality of candidates i think that could change would we get but not spend all our time trying to come up with the perfect document over most of time we want a person the best person we can get and in a timely fashion as we can and you know, i think we designated in authority to the chair and having to work with the first committee to came up the language and gotten good feedback ged god and try to get it auto by august 1st if they
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need more time they need more time we're going not going to meet in august not holding this up until late september and don't have candidates until the holidays. >> yes. i'd like to underscore with commissioner hur said we've gotten good feedback from the public and documents we can refer to i think the document needs to be improved we've been through an executive improvements process the job description and those pages are the determining factor in getting a great executive director yeah, that will rely on the committee that is the search committee that interviews the candidates and makes the decision this can be improved let's get it done not stick to a
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trouble but without going overboard nice to have a new executive director by the end of the year if noted sooner the best possible candidate yes, it's a limited role nate statewide there are not that many people in that field so i'm sure the word is out among the people that are professionals and in this field and if not this will help to get the word out but everything is not determined by the words and this job description especially mr. bush's comments about describing san francisco that needs to be corrected he's right that bears an important influence in the kinds of issues we will be dealing with in the months and years to come beyond that you
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know - let's do what we need to do improve it and move along not tied to an absolute deadline italian-american going to time myself to that. >> i defer to the wishes of my colleagues and what is expressed the fact that the chair has indicated quite clearly the chair cognizant of what the members of the public said and does not feel itself is bound by this as any kind of gospel that has to be preached out there so i'll put it into the hands of the chair. >> let me say when i read this first part the city government the ethics commission all the emphasis my sense was that probably unnecessary in a
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recruiting because whoever is whoever is coming out here is aware of the city of this city and what's going on and the issues i mean so that my principle focus was on what the requirements the sort of basic requirements that we want in our executive director and i agree with the statements that have been made we want someone that is strong on enforcement, comes from a background whether he's been in prosecutor's office or private practice but that i think a minimum he should be a lawyer and have experience in not only managing but in the areas of enforcement which i think is a
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very, very for part we need strengthening but i appreciate all the comments and i will go back to alliance and come back to the drawing board on part of it but i'm not disposed to spend weeks before we get it out because once we get it out the people we about get are no good we'll have to start again but maybe somebody out there and i've heard rumors that are people who are interested in the job who are well qualified and who would be meet all our requirements but until we get it out we can't so i will try to get it out in the
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next 10 to 15 days and thirty days to have people respond and hopefully, we'll move from there. >> commissioner hur. >> chair two comments i agree with almost everything you've said describing the commission is helpful and the only other thing the concern i also agree it should be a lawyer but not make that a requirement. >> public comment? >> thank you, commissioners bob former commissioner want to go to the compensation section of your draft document i was here 15 years ago, i wouldn't have worked for in i think you need 0 relook at your
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compensation the outline of the type person you want i think your restricting yourselves considerly by the range of salary you have to look at increasing the salary range and broadened the appeals who you might bring in. >> i appreciate the comment i share our concerns but unfortunately, we have been advise by h.r. that those are the requirements absent our having saying some candidate who is super duper and go and is look this man and woman would be ideal but he or she wants more money we think we ought to be able to pay it but our hands are tied by what the city structure
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allows allows. >> i've already been up here larry bush what h.r. is doing is giving you the boiler plant template bans the number of employees and the budgets rather than the special qualifications and the duties that go with that position i think there is a lot of room for investment of this not at least looking at the cost of living in the city if you're going to bring inside someone and pay them $11,000 you'll not get the kind of person if even if you went to hundred and $46,000 that's not a salary to pay for a senior lawyer even for a paralegal i don't know. >> i don't disagree. >> i worked at hud and made
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hundred and $60,000 was not an attorney i was a spokesperson that spun people and well compensated but on the other hand, i know what my skills and what is riders for a executive director on the cutting-edge nailing port commission a commission that is unique in putting something on the ballots i don't know of another commission that don't it the language says it could be increases bans other considerations i think that would behove you well, to talk about some of the other considerations that would allow for an increase in that whether those others considerations are 10 years of experience heading up an ethics commission someplace or a history of having written go ethics laws but think about that because if you put
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out those document with those kinds of numbers i'll have any secretary apply (laughter). >> do you charles do you absolutely need to state numbers do you have the option of deleting numbers and saying salary based on experience and credentials and some boilerplate authoritative there have i would fudge by not putting in numbers. >> that's calls bait-and-switch. >> we're theethics commission.
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>> h.r. will come along but not start with this is a weak negotiating position you guys should know that. >> any other comments all right. there being no other agenda items i hear a motion to adjourn. >> second. >> all in favor, say i. >> i. >> opposed?.
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>> good morning and welcome to the self-county transportation authority monthly meeting i'm supervisor scott wiener the the chair of the transportation authority and mr. clerk, call the roll a commissioner avalos supervisor breed supervisor campos absent supervisor christensen supervisor cowen supervisor farrell absent
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supervisor kim absent supervisor mar absent supervisor tang supervisor yee supervisor yee we have quorum. >> okay. thank you very much item 2. >> item 2 chair's report an informational item. >> colleagues earlier this month i was happy to join with supervisor mark farrell and supervisor christensen with direction tilly chang. >> the staff from the mayor's office and members of the community to celebrate of the openly of the new doyle drive on july 12th the presidio parkway was opened marking a major milestone for the 4 lane undivided highway built 77 yooshgsz along with the golden gate bridge to a beautiful parkway that serves the gateway serve city over the contractor g
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lc undertook a complex demolition of the structure and constructed new structures to handle the hundred of thousands of people that use the roadway everyday safely and ahead of schedule with the new doyle drive the access to the presidio and the new connections to the presidio for pedestrians and transit users and motorists alike we should be proud as co-sponsors of the project along with caltrans we took the mediate in lead in the earlier stages of the planning review and invested $65 million of the salesforce fund and finalized the funding plan for the private dollars as our director noted it is a celebration not easy to get
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to this many partnerships and boundary from creating new parkway standards to having sustainable methods to becoming the first and only p-3 or public-private pales in comparison on the highway i want to congratulate caltrain and the presidio parkway with the transportation authority for this wonderful chauvinism i want to acknowledge our former executive director jose that demonstrated the ability to get this built and our recently retired deputy who had the skill and tenacious it we celebrate the openly of doyle drive all the projects in the program as well as are underway with the strong demand we're seeing on all the transit services the
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needs for pedestrian and bicycle safety to achieve vision zero and the desire r desire for more reduction measures time to plan for the next major investment with the interests in the powell on bart and transportation conducted by the bay area council covering san francisco alameda and contra costa the public concerns about the congestion and the public's willingness to invest there was strong support for a bart bond to invest in the implementations or replacement of this aging system the poll identified the demand for better transit including more and fast serves as a result of that poll contra costa county is moving forward with the measures in 2017 alameda county
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approved the saks and they've adopted the goals for potential measures next year as well it is important for san francisco to be well positions and to know our funding and investment decisions with the neighboring community and especially important to have local matching fund to move our priorities forward when federal and state a eventually materialized if that funding didn't materialize we're appreciative to the voters for purchasing prop a and prop b with the 1040 transportation plan and the mayor's office 2030 plan both plans envision the need to invest to meet our maintenance and capability r capacity and expansion as noted in director chang chronicle and
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ed reiskin mta this increases the capacity in all 3 of the major muni bart and caltrans with the traffic on the freeways to make our streets safer and more visiting is great need for road improvement for this reason i want to ask the transportation authority staff to collect a poll of the san franciscans to get a better sense for the investment for the transportation system and how to pay for them this will help to shape our nation that the mayor's office regarding the 2016 bart as well as local measures i look forward to the poll results and with that colleagues, i want to wish everyone a great august recess once we adjourn this meeting
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is there any public comment on item 2 seeing none, public comment is closed item 3. >> item 3 executive orders this is an informational item. >> thank you chair wiener tilly chang in light of today's heavy presentation i'd like to skip quickly to congratulatey remark about the sfmta receiving a $41 million cap & trade grant for the light rail vehicles and otherwise still bleak federal and state transportation picture of the sfmta will be using the $41 million for the cap & trade for 64 vehicles and this is part of the long term investment program we put in place last fall what the largest sales tax
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allocation bart transbay explorers are coming people to avoid that corridor and use the ferry service and others bus transit services on august 1st and it through the labor day weekend to please be aware of the closure of the transit four maintenance projects locally the geary rapid transit is moving forward we're pleased to put that on the agenda for the next engineering design for near term and the improvements later in my report we notice the van ness project has has preconstruction workshop on the delivery method a wonderful milestone for the project we're
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in the implementation phase for the bart project so congratulations to sfmta on that milestone at the neighborhood level the neighborhood transportation plans moving forward sfmta will be conducting public outreach for the district 2 for in conjunction with supervisor farrell's office and district 5 the western edition for the transportation plan study with supervisor breed office under is dates in my reports tuesday august 18th for the meeting at the high school and i was in the morning at the 10:00 a.m. we encourage the public to come out there will be a lot of staff to take our input and shape the planning efforts we'll continue to work in district 3 with sxhooifshgz and sfmta for the kearny street for the transportation and anticipate any maps for the
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boards for adoption and it is on the agenda for today's approval for the follow-up effort to improve the safety on that corridor prop double a approved in 2010 an attachment to the vehicle registration and progress report the program is moving along nicely the board approved it in envelope and since then we've allocated $21 million to 17 projects throughout the city and some are featured many in my report the hunters view with the housing support as well as the service center bike station which is underway in double a funds in addition to the presidio parkway the milestone for the
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partners we celebrated the full name off-ramp ribbon cutting had a small ceremony essential this is the first to approach the city if the bay bridge the fulsome fremont ramp to help with the safety pedestrian crossing and providing the ability to have a better parcel led by the project manager and i want to congratulate it is our first implementation project led from beginning to end and on behalf of the redevelopment agency known as the average office of community investment ike so the completed project for safety is again, i want to thank our partners for their help including caltrans and the ike
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the yerba buena ramp is moving and progressing the construction of the rams to and from the east side of the island hopefully, we'll see the ribbon cutting on schedule next summer august 2016 that project is being led by our project manager eric who i'm pleased and excited to announce as our deputy for the project so eric has been a veteran of this transportation work and project gliefr having worked for 31 years first in caltrain and really advising multiple agencies like ours he bring a wealth of the expertise and caltrain and the caltrans process and deliver the ramps and a host of other ways he's been assisting the city as we
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move the projects through the caltrans process and excited to deliver projects we're fortunate to have eric finally i'll note we were able to have joint training with sfmta i want to thank eric he spearheaded that working with the deputy director for finance and administration both sfmta and ta staff were able to take 21 folks were able excuse me. hundred and 50 folks with a joint delivery and management training that benefits the city wells fargo with that, i want to wish you and our staff a relaxing summer recess. >> thank you, ms. changing colleagues, any questions or comments regarding the executive director report seeing none e seeing none, any public comment on item number 3 seeing none,
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public comment is closed this is an informational item item 4. >> item 4 approval of the minutes of the june 23rd meeting an action item. >> okay. colleagues any changes to the minutes or any other questions or comments seeing none, is there any public comment on item number 4 seeing none public comment is closed can you please call the roll on item 4. >> supervisor avalos supervisor breed supervisor campos absent supervisor christensen supervisor cowen supervisor farrell absent supervisor kim supervisor mar supervisor tang supervisor scott wiener supervisor yee that motion passes. >> okay item number 5 ash item 5 adopt the positions on state legislation an action item.
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>> okay. any questions or comments on item 5 seeing none is there any public comment on item 5 seeing none, public comment is closed and colleagues, can we take item 5 same house, same call? we'll take that without objection. that will be the order item 6 and item 67 award a 2 year contract to the services not to exceed 4 hundred thousands for the planning and jerry for the to san francisco corridor 30 years the contractor for the conditions and terms this is an action item. >> colleagues, any questions or comments seeing none, any public comment on item 6? seeing none, public comment is closed and colleagues, can we take item 6 same house, same call? we'll take that without objection. that will be the order item no. 7 >> item 678 authorize the
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executive director to execute a transportation authority authority for the quit claim on howard street particles to be sold as part of particle f by the transbay joint powers authority this is an action item. >> i'll ask our supervisor cohen to proceed over this item. >> good morning okay supervisor wiener. >> thank you, very much. ma'am, vice chair colleagues like many of i've been a strong supporter of transbay transit project i want to thank supervisor kim for her work as the transbay joint powers authority this is the first of a two-phase project that includes the downtown extension of
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caltrans that is led by the transbay joint powers authority bus terminal is scheduled to open late 2017 and eventually the train will be constructed below the terminal will house the transbay serve enacting los angeles to san francisco for the reason i can't overstate the importance of delivering those promotions in a timely and cost effective marijuana the transbay joint powers authority was a strong supporter and early funder having set aside $270 million in the prop k plan and allocating over $70 million to the project to date the reason has contributed hundred and $50 million to the project unfortunately after approving a $310 million increase to the budget in 2013 the tjpa board
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is asked to rise it as the tjpa staff right to left $260 million gap in just like this brings the total to twice it's original budget this brings us today to the need to sell this parallel from tjpa to sell this particle when is the quit claim action that had been intended to pay for in terms of the property will be sold and used to pay for the downtown extension and instead not even to help complete the funding for phase one every time that funds are taken away if phase two the downtown extension and moved to phase one it makes is it harder for us to complete the funding to get the trains downtown last week the tjpa came to the
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me up transportation commission i serve asking for a similar quit claim in order to sell the parcel the mtc commissioner were quite unhappy to put it mildly with the staffs presentation requesting that quit claim we felt the management team had not been an adequate job of estimating and keeping the decision makers informed of the projects but there are contributing factors like martin outside of the control like costs we have gas by the overly optimistic estimate the mtc was not confident in the increase finger and waguespack was
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skeptical to bring the project on time and on budget and, in fact tjpa staff indicated there were only thirty percent confidence with the upward revision of the last of the cost increases the mtc voted to approve the quit claim but it was approved as part of the motion to approve the witness claim the mtc included an amendment mandating the agency to do the cost committee comprised of the city and county of san francisco through the controller's office and the transportation authority to review the costs of both phase one and two and to make recommendations regarding management of costs going forward now with this action on our agenda i want to echo that condition that the mtc impose last week and to add two more
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conditions first is that the tjpa willfully cooperate in a 90 day cost plan for the phase one and two and, of course the transportation authority will be involved in the cost review it is expected to come up with recommendations for both project phases for phase one on what can be done to increase the confidence this is the last cost increase and seconds in different to the cost review that i mentioned the tjpa shall agree to only all the time the phase one cost plan finishing to have the parcels day that will be awkward in september and any other costs identified by the time the tjpa board meeting so the budget
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changes will be limited to those known increases in funding for the agency and this will be the case until the 90 day cost review is completed and present to the mtc until we do the deep dive into the costs the agency should not be making budget adjustments beyond the sale of this parcel and others concrete funding sources that becomes aware of tjpa low agree to continue to work with the mtc with the city and the ta and other funding participates to develop a full plan for phase one that includes specific recommendations for any additional financing needed beyond the existing interim bridge with the golden saks and gotten secures colleagues we ♪
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what you wish so jeopardy this and it is stealing important we address the lack of confidence with the tjpa management of this critical project i want to note point tjpa the directors i think have stepped up and asking a lot of hard questions i appreciate their leadership and really pushing their staff on this but i want to join in that push to make sure that we are getting very, very clear costs and transparent information from tjpa staff i believe that we will conclude the cost review well on time for the tjpa to meet the goal of showing up to fund the project to draw down the a plan so i want to offer those plans and conditions to the approval of item 7 >> thank you. >> that's a motion. >> okay.
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>> supervisor wiener made another motion is there a second seconded by supervisor christensen the motion let's do roll call vote. >> on the amendment. >> yes. on the amendment excuse me. supervisor kim. >> i wasn't sure if there was a response from tjpa they have staff here i was hoping you could talk about those amendments and your conversation i want to say i support the amendments before us and the staff knows that we had multiple conversations in the last two years about the cost overruns driven by increasing the construction costs over the last two years but i know the board tjpa has expressed plans how we can you know mitigate as many of the trade packages coming in and kind of our
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failure to bid early on many of the packages that were much more affordable that we've done in the city i want to give the opportunity for the tjpa staff to respond. >> good morning, commissioners i'm mark the project manager with the transbay joint powers authority we've had did the has supervisor kim mentioned last year in bidding the trade packages the market conditions in san francisco have been difficult with the building construction our project is unique and complicated it is 4 city blocks and this is in the middle of downtown so it's hard for the contractors to reach the project site and as as you can see from the south of market area a lot of construction going on with the team the buildings keep going up and there's another possible 9 or 10 coming up which has limited the availability to
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the contractor to bid on the project so the bidding has been low and increased the margins quite a bit for the bids so we'll see them above our estimates and have implemented the measures in order to reduce the costs and down scoping we'll done alternative control costs but that unfortunately was not sufficient so our request in front of the board we'll augment our budget by 2 hundred plus million dollars in order to bid the remaining packages by the september board meeting in order to keep your construction on schedule if we're not able we'll only be bidding on the trade packages and enormity in the meantime their critical for the packages and bid them out in
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september with the available fund to proceed and delay the packages until funding becomes available one is the rooftop parks and the society elements and our discussions with the general contractor he identified the trade packages most critical and less critical and he identified the park as one of the packages we can defer and then continue to constrict that rooftop park will not allow us to build the trade center with the openly of the trade center we'll open the transit center while the construction of rooftop park is ongoing it is not ideal but doable so i would like to emphasize by asking the vice president steve humphrey's that is managing the project
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if you don't mind. >> good morning steve humphrey's e frees what mark said is absolutely true we actually bid out the rooftop park at the end of the june it is good for 90 days and if not awarded at the end of september the bid expires and we'll have to rebid that scope that extends the completion date of rooftop park beyond many months and just able to present challenges with presenting that work around an operating facility for the driving up the costs as well. >> so i'm sorry to interrupt i'm a little bit surprised to hear about this delay of the park construction because? a a conversation we had last year the tjpa board was clear along with the mayor's office we wanted to see the park opened
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being this is one of the commitments to the neighborhood many of the residents are living in a high density area, of course for the workers i'm not sure i port that as a way to manage the cost over renewals we simply should have bid for central hospital keeping those budgets ir's on time and on schedule we can't go back and cry over spilled milk those bids are going out but legitimate concerns about i think the option your offering to the transportation authority in terms of how to control the costs i know the tjpa board questioned the immense costs overruns we're seeing more the skin of the terminal and many of us are requesting you know whether this is the best pathway
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moving forward some go that the exterior and needs to have but we need to consider that as one of the lemons that we really think versus the park that is actually concept all that will be offended to the community and the neighborhood that has has outcome i don't think so in the time to have the dialog i want to know if the staff that chair wiener is offering as we vote on the matter. >> we're happy to see this in order to do the full competitive cost review we meet point tjpa and the construction meeting on the construction contractor meetings wire aware we're
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definitely more than happy to continue the negotiations for item 2 if we're not able to secure the money we'll not be able to award the rooftop park if we're able to do that we'll be able to do that and item b the will delay cause delays. >> i understand that i don't think there is any indication that authority wanted to delay the rooftop parks said it is important to keep it on time again my question was specifically on the amendments proposed by chair wiener. >> we've been- we've been supporting item b will mean that construction is is impacted and rooftop park is not awarded to the transit center it allows us
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to use the proceeds for to do an interim budget of a hundred and $69 million that's not sufficient for the critical package we need this in order to keep the construction going. >> may i interject the executive director has something to add. >> on the revolt park and the ability of the tjpa to be awarded mom and dad's chair weiner's proposal for the interim budget it should be limited to the sale of the parcel faelz deals search warrants security by the funding or grant i believe that are in negotiations with the city so whatever those funding precedes you can secure by september there is nothing in the condition to preclude the
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continues of the rooftop park. >> with all due respect we need $200,469,000,000 in addition to the september tjpa board meeting otherwise the construction burglary be impacted i agree we remember able to come up with the level of funding by september construction about keep on going with no impacts but 246.9 is not available by september it impacts construction and so forth. >> chair wiener did you have an opportunity to brief our amendments with the tjpa staff. >> ms. chang spoke. >> you want to speak are she was not aware of the amendments. >> we spoke before the meeting. >> so there's support with the staff. >> we received the written - so. >> so there's support for the
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amendments. >> supervisor kim the - >> support for the amendments. >> the amendments restrict the ability to award that effects construction. >> so you don't support the amendments. >> no. >> perhaps if we could have a little bit more time i actually support but want to better understand the disagreement before we vote on that item. >> before we go further i want to give the chair the floor. >> thank you, commissioner vice chair and for your comments getting clarity i have to say i continued this to be disappeared by the way those items move forward and first of all, that was a heated conversation the tjpa staff they put parcel out
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to bid knowing they needed quit claim in the transportation authority and the mtc they put it out the bid and come to us and say you better grant the witness claim if you don't it will holed up our sale why not get etiquette claim before you advertise the bid and it puts us as policymakers in a terrible prologis ccig oakland global position with the tjpa staff continually conforms you better do what we're asking you to do and if you don't it will have xyz ramifications instead of coming to us ahead of time i know that ms. chang spoke to the lady i'll ask her to describe the conversation but eric a kaplan is not here today so i'll ask ms. chang to talk about
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that. >> further clarification my understanding from the tjpa budgeted numbers as well as the constitution with director kaplan part of $246 million is needed for the awards for the september as well as the revolt park but the facility didn't have to be addressed at this point for the reaccomplishment of the project as well as additional $48 million in construction management costs and oversight costs that are budgeted for the next couple of years or 3 years i believe about hundred million dollars didn't voluntary e have to be secured by september in order to award the remaining bid package for rooftop park. >> there is some soft costs and oversight and other costs that can also be deferred for a few more months as we conduct a cost
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review. >> it you critical we replenish our resources part of the reason we need to have the resources we utilized $82 million reserves to that came a lot of budget that's how we were able to do that about you but it is critical we need need 246.9 to ward the packages and hundred and $60 million it will not be sufficient to ward the remaining 3 packages. >> my understanding is there are only a couple of bid packages you need to award that is sufficient and that on for 3 months we'll come back after the cost review and see about the
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plan to see about the desirability of the budget. >> let me ask steve from web core to respond to that they're managing the trade packages. >> okay. can you - >> there are 3 trade packages coming before us in september are; is that correct. >> that's correct a concrete slab topping package are the rooftop park and i forgot the third - yeah, the metal seems like and the glass floor assembly yes. >> and a column of covers. >> supervisor kim. >> i'm not clear. >> let me clarify we have. >> why you don't support the
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amendments. >> we don't think that the hundred 60 is sufficient to ward the packages and the contingency can move forward. >> with your ability to pull the public auction on september 2nd. >> no, but it we'll not be able to award the packages in september this delays construction or rooftop park. >> all we need is 246 that allows us to award the most critical trade packages and month are completed and the funding valuable for the trade packages and that's what we communicated to the ta staff. >> my understanding that is no different than where we are today, the rooftop park is not fund for the ability to shift
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more means to afford those the two trade packages are hundred and $39 million the mini minimum is hundred and $69 million we hope the auction will provide more than that and help to solve the problem of it does we're in no different position in the future as today, we still need tjpa to secure the funding for that rooftop park and is under negotiations with the city to handle that with the balance of the $246 million. >> and to work with the city to fully fund the project but the september board meeting to award the remaining 3 packages the hundred 39 excludes - includes the bonding fees so again, if we're limited or restricted to only parks left we'll not be
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able to award the remaining trade packages. >> sir for example if 9 auction yields more than a hundred and $60 million the minimum bid that takes care of of matters, however we're not in a different position we still need to find the additional fund for the rooftop park if we were to award that and maybe want to award that in september nothing precludes tjpa staff to secure the financing from the city what we're dir what we are defering is $79 million for couple of months and some oversight costs and management costs but a couple of funds didn't.
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>> we're going in a loop we must ask for the reserves for the construction so apologizes we can't support. >> chair wiener. >> i want to reiterate the last portion of ms. chang's remarks this motion explicit restrict the expenditures to the precedes of the sale it includes many outlets funding sources that are identified whether from the city or otherwise this funding will exist or not exist and it will not impede for the contract for it so i stand by the motion. >> supervisor kim. >> i think that when is the next transbay joint powers authority meeting. >> september late september? 22nd; is that right >> i'm wondering if there is time if something is holding up
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the auction although i mean this is the minimum bids which we assume we're going to get at least the minimum bid so - >> i'm going to support the amendments going forward i wish this could have been worked out prior to the meeting and not at the full board it is a battle in terms of what is the staff moving forward and hopefully between july and september 10th we'll clarify the best way moving forward the tjpa board is also concerned about the cost overrun we want to look at a number of things through the shell that came up at the july 4th meeting that is something that director mohammed nuru and others brought up we have to re-evaluate it far more important than the terminal we
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need caltrans to the terminal in order for the terminal to be what we promised the city much more than a bus terminal i think it is important for the oversight to occur i don't think it necessarily has to be the two bodies but to create leverage to insure there is more work on accident trade packages moving forward i'll support that i wish we have worked out you know an agreement on the amendments prior to coming to the board meeting i don't want to work against the tjpa in supporting those amendments that is not you know this position i was hoping to be in when i came to the transportation authority. >> i have a couple of questions to ask staff what instructions did maria give you in coming to the chamber today. >> to provide the status of where we are at and hold this
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stem where it impacts in order for the trade packages again we worked well with the ta staff, however, only received in writing the conditions this morning we have a conversation yes afternoon about the conditions we only had an opportunity to side or so them this morning. >> how much time this morning did you have to review. >> i want to say 9:30 or 945 we didn't have a conversation on the phone yesterday afternoon but seeing something in writing. >> what's your name. >> mark. >> this is the position i don't know if the other commissioners feel this this is not a subject matter i know b a lot about i'm a little bit uncomfortable i'm in the cross because i trust my
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colleague supervisor wiener generally does thoughtful and due diligence i'm uncomfortable staff is saying we don't support those amendments and the executive director is saying she had a conversation with the director of tjpa who by the way is not here and unable to offer comments on what is happening i'm curious to the other commissioners, if there is any other concerns or thoughts or ideas out there it is comforting to know that supervisor kim is supportive of the amendment i imagine between supervisor wiener and supervisor kim to be the two most knowledgeable persons on this particular project just looking for some direction supervisor kim. >> i don't completely understand the sdaurmentd i'm not going to say i do i support
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a level of oversight i'm finding confusing whether there is agreement on the amendment the way i read the amendment it doesn't seem to impact or have the outcome that the staff is saying it will around the trade packages that that being said construction is not my expertise like ed reiskin and have staff now say those amendments impact the project is concerting but it recent hard to evaluate right now what gives me comfort two months to work out the pieces and holy hoping that you know if there is a way that the amendments are negatively impacting the trade packages that we'll have that prior to september 10th i'm looking at director chang that is shaking her head this dynamic is
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disconcerting it is. >> i hope not a telephone tail sign of what is happening supervisor christensen. >> did the director want to interject. >> i apologize we're ♪ more unison the $8 million plus needs to be found exists today and hopefully, will get closed between now and september or other forms but the budget gap exceeds the excepted value of the parcel the parcel will be more than a hundred and 60 hopefully a lot more but the minimum bid even with that parcel an hundred and $87 million gap to get to the cost that the tjpa approval of so hundred and $87 million gap
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the decision explicit effect that the condition as a in the future no september the tjpa should not adapt a budget that exceeds the known funding that will be parcel f and could be more the hundred and $87 million exists today >> you're making a recommendation to accept the amendment. >> absolutely the amendment is reasonable and calls for support. >> chair wiener. >> you know in the discussions of the mtc last week and also in talking with director reiskin from the tjpa yesterday and others their focus was please grant the witness claim we have the option of delaying the witness claim and on september 2nd they could auction it to the lease in september the closing period and ms. kaplan
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asserted that will cause the construction blow up i don't believe that is the case but the request has been please don't delay the quiet claim we are putting reasonable conditions and the tjpa will or will not have the funding for the additional contract in september and none of the conditions will impact whether or not they have the funding chair wiener who made the request not to delay the acquit claims. >> well ms. kaplan was one and we had the discussion thank you mtc i spoke to ed reiskin who felt we should move forward with the witnessquit claim the people worked
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with our staff many chang and others to put together those reasonable conditions. >> one last question to the through the chair for can reap was the amendment provides to the tjpa at 9:30 that morning and not the day before or a week before. >> i think a lot of this came up as part mtc so a lot of this played out at the mtc meeting we didn't we requested that she personally attended the mtc because the mtc today there's a lot of he said she said we thought it was important to have all principles there that's not the case today
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to ms. chaplain and things have moefld quickly over the last few days. >> supervisor christensen. >> this is in response to that madam chair it is apparently this is all a great deal discomfortable on not only the cost overruns but you i the way in which they've been compiled and managed today it seems unlikely we approve the witness claims i ask the quit claim that is likely to put us in a better position and moving forward with the caveat has it's merits. >> okay. why don't we chair wiener you're the maker of that motion sounds there needs to be
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more discussion what would do you want to do. >> i wish we voted on the amendments and i'll be voting to support the quit claim release subject to this. >> supervisor kim. >> did you want to speak. >> so i wanted to request a couple of more minutes director chang has e-mailed the information to director reiskin and they're going to respond pretty quickly and they the see the amendments prior just to insure that the amendments proposed by chair wiener is exactly what we
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previewed and read. >> any others discussions with any on the commissioners. >> since supervisor kim is requesting time i'll suggest we go on to item 8 and come back to item 7 once the other items are completed on the agenda and that's an excellent suggestion item 8 a appoint jacqueline saks and peter saks to the citizens advisory committee this is an action item. >> on technical 8 colleagues, any questions or comments seeing none is there any public comment on item number 8 seeing none, public comment is closed colleagues i don't - has the house changed can we please call the roll. >> commissioner avalos supervisor breed supervisor campos absent
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supervisor christensen supervisor cowen supervisor farrell supervisor kim supervisor mar supervisor tang supervisor wiener supervisor yee item passes. >> okay item number 9. >> item 9 appoint kevin stole to the bus rapid transit committee. >> colleagues comments or questions on item 9 pie public comment on item 9 seeing none, public comment is closed colleagues, can we take item 9 same house, same call? without objection that will be the order item 10. >> item 10 allocate $38 million plus in prop k fund with conditions and appropriate 6 hundred plus in prop k subject to the fiscal year decision schedules an action item
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colleagues, any comments or questions on item 10 any public comment on item 10 seeing none, public comment is closed colleagues, can we take item 10 same house, same call? without objection that will be the order item 11. >> adopt the chinese town action report. >> colleagues, any questions or comments on item 11 seeing none any public comment on item 11 seeing none, public comment is closed and colleagues can we take item 11 same house, same call? without objection that will be the order oh, well without objection that will be the order. >> item 12. >> adopt the geneva feasibility study final report. >> colleagues is couple of different comments about the
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study that is incredibly important that brings connections between geneva corridor the bayshore boulevard and shipyard to get to bart station and the t line for caltrans station i appreciate the responsiveness of the concerns from the community by including an analysis of the avenue as an alternative route and acknowledge the ta staff especially david and the citizens advisory committee the ta adams 3 meetings in english and chinese which is critical to the area and it's important to move forward for the study and work towards implementation to continue this sort of outreach to the community by proactively reaching out to residents in the
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neighborhood to keep them informed on the process as well as the project every step of the way i also want to thank our colleague in daily city for they're discrepancy. >> thank you very much supervisor cowen no outlet questions or comments we'll move to public comment any public comment on item 12 seeing none, public comment is closed. and colleagues, can we take item 12 same house, same call? without objection that will be the order item he 13 >> 13 transportation stunt update this is an informational item. >> staff has a presentation for us; is that correct ms. chang? >> just a quick way of introduction we're pleased to present this to the multiple agency team we've worked on this back in early 2000 with the l o
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s with the larger comprehensive management for the development review and ceqa analysis and i'd like to acknowledge the hard leadership the sfmta and the mayor's office in developing the program the first part is the transportation sustainability fee that was introduced by the supervisor wiener and the focus of today's presentation to reach our transportation performance in the city including the reduction of the vehicles travel and looking forward to the presentation with that i'm going to turn it over to michael with the transportation authority assisted by folks from the planning department and from the sfmta thank you. >> thank you director i will make it brief i know we're running behind we're excited to be floovent of you reaching this great mile the
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whole purpose behind this project is addressing a good thing that san francisco is a very popular place to work live and visit it is straining our transportation network anybody out there knows the road at the transit vehicles are nearing capacity in some areas and this great lifestyle people facing less than good conditions this is only going to get worse those problems more challenging by 2040 new households and jobs this is something for a long time we struggled are we're going to grow and i think that the subject of an early item today, we know there is not a lot of housing being built but 40 percent are in the pipeline it is coming something we need to address in acomprehensive so
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the city is bringing forward the transcript capital investment and the bike infrastructure and the this is really what can we do to parish with the developing community to make sure their contributing their fair share but limit the strain on the network so that is where we come to 9 transportation assailant it is a comprehensive approach in 3 parts a moderntion of the transportation with the alternatives to level of service analysis and the second what can veerpz do onsite to limit the single occupancy vehicles and feinstein an investment to make sure that the developers are making pair fair share for the strain on the transit position
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with that i'm going to turn it over to my colleagues with an will be talking about the first two and listing i can't chang will be talking about the second thank you. >> thank you, michael chair wiener and members of the board i'm the senior planner with the planning department as michael and director chang mentioned i'll talk about the first component that is the level of the service reform the levy level of services is a standard to measure the transportation impacts for projects subject to the california environmental quality act reforms is happening at the state level as a result of state bill the senate bill says it's a metric under ceqa can't be used and an alternative metric should
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be established the level of service is how many seconds a driver waits at an intersection the service analysis is the inconsistent where other federal, state, and local laws it is bias and typically doesn't result in better ordinances for the transportation including the safety outcomes so the state is proposing removing the level of services and replacing that with the vehicles traveled metric by making this change at the state lovely improves the local transportation for land use projects the state is proposing the vehicle miles traveled to the region of average i mean, i'll come back to this in a minute what that means for san francisco for transportation projects the state is proposing that projects in the net
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decrease will not help with the significant environmental impacts many of the transportation projects that come before you meets this criteria it is critical that the city can deliver projects to accommodate the growth that michael mentioned in the level of reform service should effect that sooner so this slide simply illustrates what the miles traveled means and it is murray's the miles and zoning districts that a person my drive typically a development from another uses located in poor access to non-audible modes of travel that generates a substantial amount of driving the medics provides the environmental performance then level of services as it relates to green house gas and energy so
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as mentions for land use projects the state is proposing comparing the vehicle 3450i8z traveled to the regional average in san francisco the regional average is the bay area so this table compares san francisco with the regional average with the vehicle mile traveled per capita per day as you can see is san francisco is doing well, this is expected given the city's diversity of uses and other factors that effect the travel behavior this is a good indication that most land use projects will generate a lower vehicle miles traveled ratio than the regional average in the city we want to do better than the status quo given the challenges that michael mentions i'll scott wiener discuss it threw our second component of the ta shift
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through shift we're proposing implementing the onsite amenities we do driving alone above and beyond what is required in the planning code like car sharing and bus parking the goal to encourage the sustainable behavior while providing predictability so the city is working on a t d m with a menu of the options for the effectiveness of those measures at different locations in san francisco which is a form based research done in the state and city and like all good policy efforts morntdz so the mornts insures that the developers are
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implementing the measures they're committed to and the program is effective this next slide is an example of the t d m measures that the developers will select from many are familiar with the components of t d m and implemented for or implemented voluntarily by the developers because of the market demand for those types of measures but if we're going to have developers to implement the project we need to be able to fund that shift in our transportation system so colleagues listing i can't chin with the planning department says there's a way to do that in the component of the program.
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>> michael mentioned we have a robust policy in improving our transportation to make sure that people can travel safeties mentee would what mode the mayor's office task force found we need $10 million for the existing task force to have potential funds for a posh license fee and sales tax this to address some of the needs the proposal to create a transportation sustainability fee that was introduced by supervisor wiener at the boards hearing lecture last week it was
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to pay for the design shares on the transportation system most of the funding sources identified through the task force are really focused on maintaining the capital improvements to the system efficiency the p.s. f to serve the demands on growth of course, we do have an existing transportation fee the transit impact development fee that goes to the non-restricted projects it has excuse me. the pablt for the residential development and large institutions smaller nonprofits will continue to be exempt under the charitable process the prototype draft ordinances introduced at the board of supervisors but we've made refinement and moved to have the feasibility study both available on the project website the nexus
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study identified the justified amount we can ask the city to provide new services for growth and he did feasibility stooped will insure we're maximizing our results from this work we established the residential growth of $7.74 will help to support a fee of $15 or roughly $4 more than they're paying the pdrs uses pay under $8 a square feet i should note that residential projects in some area plans receive a offset in costs that is where the city is accounting here's more detail who the fees covered by the t d f of 21 units
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or more and major hospitals and universities for the master plans to the city hospitals will not be subject to the fee until the seismic requirements are met subject to the board there would be a number of exemptions in the proposal for affordable housing this includes the my mind and affordable projects and includes exemptions for businesses and nonprofits and units 21 units or fewer the process will provide the - projects that have received the entitlements will continue to pay the existing ti f and any impact fees that did apply to the residential project in the pipeline that have not received their entitlements will receive 50
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percent if the existing t d f for existing projects what will this mean once adapt it raise billion dollars over thirty years over $4 million in new transportation revenue or $14 million annual the fund goes towards the transportation improvements for the expanding of muni reliability and reduces driver times and going towards projects like muni forward the expenditure plan is for bart and caltrans and helps with this biking and making walking safer here are the relative amounts for the fees i've mentioned the bulk of the fee supports the transit reliability
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looking forward we've been working for the last several years to refine the outreach and working to support the adaptation process with facts implemented we anticipate the two components will come forward independently this year the timing of the ceqa changes is do not the state changes we'll happy this winter in conclusion we well our proposal thank you. >> thank you very much that presentation this is a really important step forward in terms of introducing the legislation and updating our approach to transit impact fees and development so thank you colleagues, any questions or comments regarding the presentation ? seeing none, any public comment
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on item 13 seeing none, public comment is closed and this was an information item item 14 item 14 introduction of new items an informational item colleagues, any introductions there okay. any public comment on item 14 seeing none, public comment is closed item 15 then >> item 15 public comment. >> new general public comment please come forward. >> supervisors i'm francisco you heard a lengthy presentation given by one of the employees and none of you all asked her any questions during this public comment i
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don't know if you have easy to see but the congestion on our roads in san francisco is dispermissible not too long ago i was on the 38 geary and a bus stalled for over one hour because of congestion because of an incident so presentations like this given like a conceptual plan what is a conceptual plan like a dream you can wake up from this dream and it would be the worst nightmare you know several people are looking at me i've been here and jose and others who i don't see over here a lot of new describe and the
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new buzz they'll have no sense of history no sense of cultural competency no sense of a real traffic management for the computer day we've selected before we keep collecting the data but not have the ability to utilize it i is that because one time i ran the procedure one thousand plus acres i know what it means to run a city i'm just making this comments because i can see that people don't ask questions. >> thank you very much is there any additional public comment seeing none, public comment is closed. okay. colleagues i'd like to recall item no. 7
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this has already been called ms. chang any updates? >> was able to send them to the directors director reiskin and have been in communication with director reiskin he understand that i believe and we'll convey that to the feedback to 9 commissioners. >> okay. thank you tjpa staff wants to make a comment. >> i'm sarah the cfo and he hope i can clarify some i hope i don't confuse things we've worked with tjpa staff and we appreciate our quit claim support but want to point out the plan has been and we've been working with the city to come up with a full signing plan to award all our packages in september so we've been working with the city for most now the
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focus over the last month has 80 has been to identify the projects with the infrastructure and otherwise streetscape that will be complete when the transit center is implemented and what projects can be pushed out to evaluate the city can evaluate what other fund can be shifted to totally fund the parks our understanding as the staff mark and i this may be an incorrect understanding but the city will participated in the cost overview up to 90 displays the whole plan will not be in place by september 10th so mark has been flagging is not we don't support the conditions we're more than happy to cooperate but without a full funding plan by september 10th
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we'll not be able to award everything but only award construction management oversight contracts, etc. we have in place for we understand the sentiment we could award everything with a minimum of contingency for a few months perhaps but at a staff level we have some concerns that not replenishing the contingency with awarding the packages puts us in a difficult positions some construction arises what we propose to do if it is limited if the only if i understand identified the parcel precedes we'll identify the critical packages and award or increase the budget for construction management only to the extent we don't need the full 9 and a half
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million dollars for the increase over the life of the project size that down to the next 6 months or next year but trying to flag that with the commissioners without a few funding in place we can't do everything. >> just to clarify having the other identified source of funding beyond the sale of the parcel. >> correct. >> today, we're not voting on other source of funding you'll either find those if in or not. >> everyone understands the reality we'll find that with the city and sfmta so if findings those sources is put onion hold or comes at the end of 90 days for the costs rectify there's not a full plan in place. >> so, of course, everyone wants to mock the funding it
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existing in terms of the 90 days set by the mtc the language about the amendment i offered was simply referring to the mtc 90 days we've discussed the 60 days and mtc staff are requested 90 days, of course if you can complete it before that that is great there is nothing in the mtc action or our action that in must way prevents things from moving forward within the 90 days if the costs are completed we hope that will be completed sooner or later. >> it could take up to 90 days and if the parcel is $246 million on september 2nd we'll in a great position and we recognize that as well.
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>> thank you very much okay. colleagues any - so right now with respect to item 7 a motion that was been seconded by supervisor christensen on the table any additional discussion okay. seeing none mr. clerk, call the roll oh, you're right before we vote on this that's correct any public comment on item no. 7 seeing none public comment is closed mr. clerk the house has changed call the roll on the amendment to item 7. >> yes. the amendment. >> on the amendment commissioner avalos supervisor breed supervisor campos absent supervisor christensen supervisor cowen supervisor farrell absent supervisor kim supervisor mar
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supervisor tang supervisor wiener supervisor yee amendment passes. >> the amendment is adapted and for the underlying items item 7 as amended colleagues, can we take that item same house, same call? without objection that will be the order item 16. >> item 16 adjournment. >> we are adjourned thank youadjourned.
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>>good afternoon. i would like
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