Transcripts For SFGTV BOS Land Use And Transportation Committee 20240712

Finalized theres a process and theres a lot of things already baked into provide checks and balances. Moving down, we also have from a more kind of Performance Management framework struck youre, we have our competency model which ive mh370 to and i believe even jenny rice has come to this commission to talk more about the competency model and its basically a Performance Management framework that shows to every employee what success in the job, in their job, looks like. Its also a way for them to understand, how can i progress in my career. Then you can see what kind of competencies may be required for jobs that you are interested in. And so, we are developing this framework and its currently underway and been underway since want to say 2014. Through out our organization and that is such an important thing to show people what success looks like so discipline isnt even an issue, right. And and lastly things we are going to do is a huge focus of our employee Labor Relations group in a hr s and on going advice and that is specifically to guide and coach our supervisors on how to deal with the personnel issues and it may not be that discipline is the right thing to do and it may be that the employee needs to coaching and needs training and needs more specific and there are so many Different Things that we can provide and that we coach people to provide and to set our employees up for success. And then, some initial plans that weve been developing over the last year or so, to address discipline and a more its designed to support supervisors so set jobs mor clearly and provide the support and guide their employees for success so we have developed this framework but we needed to create the training on how to apply the framework so its underway now. Were also going to be getting, although were vetting vendors now, and so it will be a little bit before this comes to fruition but a Case Management system for holistic analytics because all of these different prophecies related to Performance Management, whether its coaching, and regular meetings and setting smart goals or whether its discipline, all of that amounts to a lot of different paper, a lot of manual processes so its really and there may be pockets of insights like, you know, a certain manager is experiencing a high level of turnover in their group and so what is going on there. Do we need to swoop in and give that manager specifically some more support on how to better manage their staff. Right now, we dont have a lot of in sight into those things unless people are coming to us and asking for that help. The last one, were also developing more specific tools and procedures and again, this is really about that holistic approach and Employee Development and and thats due at the end of the year. Can you repeat that. You broke up. The ore part . I dont know the acronym. Yeah. The last piece, so, we are as an agency, and as individual enterprises and bureaus were developing Racial Equity action plans as part of the requirements under the office of Racial Equity legislation that was passed in the city. Part of that action plan. Theres a section that specifically addresses disciplinary and separation. inaudible issues and separation so part of our plan will be focused on these kinds of things and that is due to the city at the end of the year. And so i have a question, so, i mean, this is very thorough and you know, you really sound like incredibly benevolent boss, ok, if i just put it in that context. With that being said, this is very thorough and very good report, are you sharing any of this stuff that you are sharing right now with the commissioners with the Union Representatives when it comes to dealing with collective bargaining agreements and people that will enhance or effected by these policies that you are moving forward with. All of this done just in hr, so to speak, or are there any meetings with the representatives with your employees and as this moving forward and these are frameworks and tools and resources and its not necessarily new rules or regulations that are being developed and are any of these discussions taking place with Union Representatives of the employees that do the work at the Public Utilities agency . No, with these specific items here were not meeting with unions and Performance Management framework like how to effective low support employees in probation and its just probation and you are talking about discipline here and its a huge issue as to balance of power and when it comes to a employer versus an employee. So, i think youve answered my question. Ok. Thank you. I think was there any questions on that side . I dont think so. I have a question regarding so all this you mentioned, all this is through a lens of diversity and trying to make sure that everybody has an opportunity and is heard and there and and were really looking to create supportive, effective, more supportive and more effective managers to help them to achieve that success. You are trying to support the managers to help them be successful, to help the employees be successful and theyre the ones who really are with them day in and day out. Next slide, please. Current and on going approach to Management Leadership Development as i mentioned in an easterly year slide, we have earlier slide, we have new supervisor training and we have launched a Great Program for senior Leadership Development. That was launched earlier this year before shelter in place, oh my goodness. And in preparation of this program, we did a comprehensive Needs Assessment and we got feedback and information from front line supervisors all the way up to agns about what things would be useful. What things are useful to you, what things are useful to your team . What things are useful coming from your boss or your chain of command. To really try and get a more expensive understanding of the needs of our employees from if i lane so within this program, theres training modules, theres peer group coaching, theres oneonone coaching, its not just a come here, lets get in a little room and talk at you. Its super interactive and it was really, really thoughtfully developed. And ill talk on a little bit what our plans are for this program. Im assuming that the core competency also is look at a approaching different people with different cultures and diversity. If you are doing your report a lot of the problems are with African American and black and brown employees. So, this approach is dealing with all of those issues one of the modules is about how to create a respectful and inclusive workplace. And theres other things like coaching for engagement, which how do you coach your own employees, meeting your employees where they are at, from whatever walk of life they come from, how is it that you support those folks . To be successful and we are helping prepare employee for success and to basically advance again in the way that they want to. We piloted in 2019, a twoday workshop on how to get a city job, like literally, how do you navigate the application process, right. How do you apply . And what are the Different Things that you need to do in order to weve had a successful interviewing skills workshop that weve provided in the past that is not something that we have provided remotely so were looking to see how we can pivot now and in this new day and age. Those somewhere other items that we have been doing and we havent scaled to the level that we would like to. Next slide, please. And a plan from moving forward and were really looking to increase our recruitments and from within and investigate and looking to increase our anti buy is and interventions during the hiring process as well as other timeframes when managers are exercising judgment. All hiring manager and internet have you Panel Members are required to take reducing bias in the hiring process training and thats something that the city has developed and so we no matter what, if you are a hiring manager or you are on a Interview Panel you have to take that training and then harkening back to our Leadership Development program were looking how wexit rat we can it. We have our senior managers level like our Division Manager and getting down to levels where people are looking for advancesment opportunities and they can take this so that theyre better prepared to take on either an acting assignment or get a promotion because this is something that we really took a long time to thoughtfully prepare and incorporate feedback that we got from throughout the organization and targeted feed become about what is good for you and how you want to be developed and what would be good for your teams to have and all in our framework that is management framework and so, really looking to harness the programs and the more success that everything will feel. Lastly, we have genre lated to the office of Racial Equity and the citys office of Racial Equity and the legislation that came out of that and we have an action plan and one of the components of that action plan is for diverse and equitable leadership and management and that is due at the end of the year. And that is what i have. Thank you,. You are welcome. Thats a lot. Its important you are putting this together and its incredible i wish we had more employers that were doing this kind of stuff. Im still going to, for the record, say that this is done strictly from only a management point of view, i do have some concerns about it because we really like to have some of the employees feet they can talk about their own without thinking that this is the plan that came just from the puc so, having union reps as part of that conversation but it hasnt happened but maybe it can. I dont know where it ends up. I just always like to make sure theres a labor and management and hiring, disciplinary or Job Description slash ideas that are out there and see that happening and despite all the good stuff that ive just seen in this presentation today. I want to note that as we move forward. So, thank you. Thank you. Thank you all. And could you open us up for public theres one more presentati presentation. Good afternoon, commissioners. Ive been asked to present some of the activities going on where things happen on the ground. Theres some planning but a lot of it is actually what is happening in the real work. So weve been engage for the last two years in working with staff at cdd, the city Distribution Division regarding particular low the Safety Culture and workplace conduct there, this conversation arose as a result of complaints and concerns raised and anything else by the tragic death of lilly, one of our plumbers, in middle of 2018 who was killed in a job site accident that was reallyunreally unfortunate and c and we still bear that burden. Later this week, the cdd staff will be awarding an award to a pubmed ply owe who west represents lilly who outlook and attitude and professionalism that she was a valued employee. To cut to the chase, we hired a consult apartment to act as a ombuds person bringing someone in from the outside who they could talk to and do that in a confidential way and those conversations generated a lot of data and concerns on different issues. We got a lot of feedback there and that took several months of conversation and it took an action plan to respond to concerns so im going to talk about two highlighted areas briefly here, not to take too much time because its a deep subject. One is the Safety Culture at cdd and one is about workplace conduct and respectful behavior and if i can have the next slide, please. On the safety front, we basically took a variety of actions to make sure folks were feeling safe in the workplace. Reinvigorating Safety Committee that was a little bit too rote, not enough paying attention to hard, safety issues we made sure all staff were trained and restrained in Safety Practices including use of p. P. E. And it may seem fairly simple but sending the message constantly everybody on the job site needs to be wearing a hard hat and row fleck tive vest and people get lazy, its a big deal. You need to be in the practice of being safe all the time and we dealt with our machine shop where there were dust issues and there we saw some of the problems that were occurring and many of them meant wear respirator and its essential to protect workers ehealth. And we increase labor staffing for job site Traffic Control which i will get to in a second. You see job sites and all wearing vests and two of the employees are wearing hard hats and the other one, this is one were still trying to solve is wearing a full face ris per eight or. He is a machinist grinding on the pipe were about to install. We havent figured out a good hard hat solution for the folks who are wearing receipt pir eight ors but its a more critical piece of Safety Equipment. This is a job site that was actually just around the corner from here and it is if you look off to the right, you see two flaggers there with stop and slow signs and theres a truck park back there that has a flashing arrow on the front so the truck is blocking the site and the flashing air sew districting 2 and i want to give a shout out to our laborers because theyve been performing Traffic Control and working kill gently and creatively to make youre job sites as safe as possible and just that truck back there is an example where instead of towing it around, we tuttle it on the backs of older trucks that dont need to travel a lot and can sit there and be part of the control of the track its and he will carry all the Safety Equipment as well as the flashing arrows so, we think our job sites are getting safer but we have to push on this to make sure theyre staying sale but its really essential. If we can go to the next slide and talk about workplace conduct expectations and safety is a real high priority but one of the things we really heard feedback on was the level of civility within cvd and people werent treating each other as respectfully as they so we formed a workgroup of staff, not managers, this is staff to come up with workplace conduct expectations and this is just the first set of bullets in that and its about a four or five page document that gets into detail and i sometimes say, you could have just written the golden rule, you know. Treat others as you would like to be treated and you can stop there because everyone could fit into that rubric but its really important for people to treat each other well and out there for everybody to enforce. People can call each other on it in a gentle and respectful way and we dont get into disclosing private conversations but at the same time, we really need to behave respectfully with each other. This is something that was developed in late last year and early this year and i still recall the day it was rolled out to staff because it was march 6th of 2020 and so a week later we went into shelter in place and the world changed a little bit. Weve been now going backout and reinforcing this with all the staff thats this is how you need to behave and if were not behaving that way were not doing our job properly. This is been a big step to get these expectations there. Next slide. The last thing i want to talk about is how we expect to move forward on Workforce Diversity and equity. One of the things were doing is we have a task order with the ombuds person to assist in training managers and supervisors and following up on respectful behavior in the workplace. Its behavior that needs to be demonstrated to the top and reinforced with all the staff in the yard. Were bringing a consultant into assist if further data gathering and we already have a lot of data on cdd and we have more conversations there as well as out there with all of our workers and all voices are heard as we develop plans for the Racial Equity plan and as well as being responsive to the Racial Equity resolution and the Commission Adopted and i didnt consciously put this as the last punch line, commissioner paulson, we do need to bring in the unions to help us in the conversation not how to improve diversity and equity and to provide better Career Opportunities for all. Wrack work at a management employee and i think the unions can be an important play ner that conversation to help move us forward into the future. Thats a real once over and what we expected to do in the water enterprise Going Forward and and i would be happy to answer any questions. Again, id like to thank you both for getting into the weeds on this and its got to make things better. Every bit of movement makes things better so thank you all for your work and thank you again just teen and your staff and thank you steve and your staff for recognizing it it may seem simple but we have to remember all these things, we just kind of get into our own little mind set and we dont think about other people so thank you. It will make a difference. Thank you and with that additional comment, madam secretary, would you open this for Public Comment. Members of the public who wish to make two minutes of Public Comment call 415 6550001 meeting i. D. 146 500 3304pound pound to raise your hand to speak press star 3. Do we have any callers . There are no callers in the cue at this time. Thank you, Public Comment on item number nine is closed. Madam president , mr. Chair your next item is item number 10. The bay area power supply and Conservation Agency update presented by nicole san kuala. Welcome. Hi. Welcome, thank you. Good afternoon commissioners, and thank you for the opportunity to speak to you today and i wanted to report to you on two things from last weeks Board Meeting first, mr. Richy provided the update on the puc new alternative water supply planning program. It has been a year since mr. Richy spoke about the 10 Year Capital Improvement Program to the board. He indicated the next vip would need to prioritize increased efforts to respond to the state and federal regulations and including a Water Supply Program so fulfill its regulatory and contractual obligations. Mr. Richy,s presentation was well received and the board is very interested in this program and they recognize that critical results are needed to ensure water supply reliability for the Member Agency and their water customers. They will remain closely engaged on this planning work as it continues at staff and board level. Second, the board considered its continued participation in the reservoir expansion project and at this time, the Water District who owns the reservoir, is asking the existing Partner Agency in the lve project and that includes bosca and the sfpuc so adopt a Second Amendment to the Multi Party Agreement for the project and and there are several reasons bosca made this decision and including the lack of interest and at this time in securing that additional supplemental dryer supplies and via and the high cost of the next planning phase and over all projects and the number of unknowns related to cost and implementation of the project. At the same time, bosca supports the expansion project and this project is one of the projects being investigated by the sfpuc as part of the new alternative water supply planning program. And my understanding from the puc staff is the commission will be considering its own action on the Second Amendment to the expansion Multi Party Agreement in your upcoming meetings. At last weeks meeting the board strongly urged the sfpuc to remain engage in the expansion project as a potential project to meet San Franciscos legal and contractual water supply reliability water obligation to the tulsa customers and i look forward to the sfpuc and evaluating a new alternative supply for the Regional Water system. Lastly, i also wanted to take a moment to extend my appreciation to commissioner cane and commissioner for their service to the water customers, for all water customers that rely on the system. While their primary loyalty has been appropriately aligned with the citizens of San Francisco, i found that they recognized and respected the sfpucs role as a wholesale water supplier to the agency and the 1. 8 million customers they served as well. I appreciate their unique voices on this commission and they ensure the water system is a reliable supply for future generations and this concludes my remarks and i would be pleased to answer any questions you might have for me today. Thank you, commissioners, any questions . Thank you. Can you open this for Public Comment . Members of the public who wish to make two minutes of public meant on item 10 call do we have any callers . There are no callers in the cue at this time. Thank you, Public Comment on item number 10 is closed. Mr. Chair, your next item of business is item number 11. New commission business. Any new business . I have one item and its a follow onto the water supply planning budget work sheet and effort and discussions. Weve had the last presentation that we had had the basic format and intend of the work sheet but it was missing a lot of numbers and i would request that the staff come back to this commission and no later than the second meeting in october with a version of that work sheet thats been populated with the appropriate numbers and i know theres some question about how to deal with official numbers versus what we think updated numbers should be and if thats not resolved we use the published official numbers and put noted appropriately but we cant let that stand in the way of progress the toll for us. That is my new business and nothing else from the commissioners . Then, we do Public Comment on this as well. Madam secretary, if you would open it up to Public Comment members of the public who wish to make two minutes of Public Comment on item number 11 dial do we have any callers. There are no callers in the queue wishing to speak on item 11 at this time. Thank you. Would you like for me to call the consent calender or would you like to proceed otherwise . I dont see any otherwise. Ok. Item number 12 is the consent calender. All matters listed here are under constituted concept col der are routine by the San Francisco Public Utilities commission and acted upon by a single vote of the commission. There will be no separate discussion of these items unless a member of the commissioner or the public so requests. In which event the matter will be re moved from calender and considered as a separate item. Commissioners, how do you request to remove any items from the consent calender . I have none. Seeing none. Madam secretary, please open it to Public Comment. Members of the public who wish to make two minutes of Public Comment on items on the involve consent calender dial do we have any callers . There are no callers in the queue at this time. Thank you. Public comment on this item is closed. I make a motion that we accept the consent calender. Did we already call for Public Comment . Yes, we did. Second. Ok. Thank you. Its been moved and seconded. Madam secretary, call the roll. [ roll call vote ] you have three ayes. And the item passes. Please call item 13. The San Francisco Public Utility Commission floodwater Management Grant Assistance Program grant requirements and terms. And this will be presented by sarah minick. Thank you. This is greg nor bee i was going to start and hand it over to sarah. Good afternoon, commissioners. Assist apartment general manager for the wastewater enter are prize. I was going to provide a really brief couple of Background Information items on this and sarah, whose team runs this program, will go into more detail and well be available for questions. This is the Grant Program whose basic Public Benefit purpose is to help incentivize the private Properties Around the city that maybe at risk of flooding damage to make a variety of property upgrades that improve the Flood Resiliency of the built environment in that area. And so, this is one of many elements that we have for the Flood Resiliency goals of the puc in the city and others include the 100 year flood map that you are familiar with and the new Disclosure Requirements and tied to that flood hazard map and this Grant Program and also you know well north of about a half a billion dollars in future Capital Projects that are targeted at also and Flood Resiliency. This Grant Program has a fairly long but unfortunately uneventful history so far and its been around since about 2013 and with that basic purpose in mind that i just described in total roughly eight years, weve executed and 19 grants and award beside 300,000 and in actual and and and so the purpose in front of you really quite simple in a level and theyre meant to help improve the utilization of the Grant Program to the extent that we can influence that and the feedback weve gotten indicates that combination of concerns with the administrative process and et Eligibility Criteria and more recently, for some nhl lower Income Property owners and the challenges of completing the work in terms of when the grant money is released and so, again, thats the basic purpose of these proposed changes is to try to improve the performance of the programs and from the eyes of the community in terms of accessing and utilizing it. So with that ill hand it over to sarah to go into a bit more detail on the specific changes being proposed. And well be happy to answer any questions after that. Thank you. Thank you, greg. Good afternoon, commissioners. As greg pointed out were here to troy to make modifications that will increase the up take of the floodwater Grant Program to help folks become more flood resilient and the primary issue before you today is our efforts to make the Grant Program more accessible to low income residents or folks who are experiencing financial hardship. In the current way that our Grant Program is set up, its really a reimbursement process so applicants who are successful and pay their contractors to do flood resilient work and we reimburse those folks and firefighters brought to our attention by community wome mem. We thought they had a great point. This makes it very difficult for low income residents to avail themselves of the Grant Program because if they dont have the money to invest they cant be row i am busse bussedreimbursed. So to put fourth a small amount of the grant total so that someone experiencing hardships would be able to at least secure a contractor and therefore they would be able to start the work and be a part of our Grant Program and so to achieve that and also to manage the risk of giving money up front, our proposal is that folks who do show that they are hardship situation to get 10 or 1,000 up front and whichever is smaller order to secure a contractor vow a a deposit. To do that work. Particularly some communities of faith who have spoken to us about wanting to participate in the Grant Program have the same issue so we did want to include those stakeholders in this change and so you can see in the resolution we would also like to put fourth an opportunity for Small Businesses and non profits to be able to have a contractor deposit and then finally our goal, along the same lines, is to reduce the grantee cost share from 20 to zero percent in hardship situations and the big picture level, again, we want to make sure that were not out there saying we want you to become more flood resilient, but only if you can afford to be a part of our Grant Program. Instead wed like to say, you know, this Grant Program is for everybody who would like to be flood resilient and lets provide some tools for folks who may not be able to afford that upfront cost. Thats our proposal here today. We would be happy to take questions as greg mentioned. I would say thank you for the changes. People were calling, i was getting calls and im sure a lot of people were getting calls about the program and i whatever we can make is easier and better and it makes it better for everyone. So, thank you for those changes and those modifications and we talked about to the item and im glad to produce that and present that would be fine too. You brought up a good point that we were not able to discussion. Another piece of this, which we initially put forward which was an Eligibility Criteria and that would be the third item. We need more conversation on that item, we would like to stroke that. Donna, can you give me direction how detailed would you like me to read the new resolution without item 3 . If you can read all the changes that were made. All of the red line changes that were made. Absolutely. Let me put it in red line. The first change under the 9 whereas clause. So the items that we just discussed, which will stay as is, read, whereas, wastewater Enterprise Staff now recommends modifying the grant requirements and terms as follows, number one, for owneroccupied residential Property Owners who demonstrate financial hardships and a, provide up front payment of up to 1,000 for contractor deposits to secure work and b, allow reimbursement for the payment on invoice only, not proof of payment. And number two, for Small Businesses and nonprofit oregonizations, provide up front for contractor deposits and b, allowing reimbursement for the final installment payment based on invoice only, not proof of payment, and c, reduce the cost share from 20 to 0 and then this following a stricken and remove eligibility requiring proof of prior flooding and replace with six inches of flooding in 100 year storm and this whereas is now stricken and whereas, under the proposed modifications app cant who do not meet the six inches of flooding in 100 year storm threshold could request a variance to be granted or denied by the general manager based on the standards set fourth in the grant requirement and terms. And then finally, one more whereas, that is stricken, or that is added, whereas, at its meeting on september 22nd, 2020 the commission amended the proposed modifications to the grant requirements and terms and the variant process on file with the Commission Secretary to remove the propose changes to the Eligibility Criteria for the Program Based on flooding in 100 year storm. Sarah, also, theres a sunset that this is a pilot and we want to have those changes in effect for one year. Im sorry, sarah. Can you also please read the change in the result clause and the further row solve clause that is add at the very end. The second last resolve says, the commission a proves the proposed modifications to the grant requirements in terms on file with the commissioner secretary as amended by the commission at the 22nd meeting to remove the proposed changes to the Eligibility Criteria and authorization the general manager to execute grant agreements consist st. Johns with the approved modified requirements and terms with Property Owners who have acted for Wastewater Services and subject to the availability of funding and be it further resolved, this is the addiction the modifications to the grant requirements in terms of approved here under shall expire one year from the date of this resolution. So i have a question, and since theres these minor tweaks that are coming in, are we going to be able to take a full position on this after Public Comment . Based on what is happening and it might be the City Attorney. Can we move this through . [please stand by] the item as amended passes thank you all for that and secretary if you would call the next item. Clerk discussion and possible action to discuss performance goals for fiscal year 2020 to 2021 for general manage. Mr. Kelly. Good afternoon, commissioners. The work plan i bring to you today reflects proposed performance goals for my work plan for fiscal year 20202021. If approved by you, i will submit outcomes for each of them for your evaluation at the end of the fiscal year. I last submitted performance goals for the Commission Review for the fiscal year 2019 and 2020 and due to competing priorities during the Commission Leadership during that year those goals were not evaluated and new goals were not approved for the fiscal year 20192020. This years goals falls into five categories as specified in my employment contract. The first item is general management. The second category is policy implementation the third is audit response. The fourth one is transparency and the fifth one is year specific goals. The first four categories are concerned with ongoing Operational Management while the year specific goals are focussed on specific organizations initiatives and priorities. While many of the year specific goals are in support of our core business functions, i also set goals to meet specific challenges which has risen to the forefront in the last several months. With continuity of operation and Racial Justice and rate affordability. While this year has brought exceptional difficulty, those challenges have also provided opportunities for us to continue Exceptional Service while raising to meet the unique needs of the moment and im looking forward to continuing to work with you to maintain our position as a leader utility. I also want to point out that i received comments from commissioner ann caen to add a goal related to the sewer Improvement Program and i included language to that effect. Have you received the updated goals language and i would like to read it in to the record. If you have any questions i would just read what she has added to my work plan. So at the end of the work plan in the category of transparency it is item 5. 9 which is ssip which is the sewer system Improvement Program. It states continue to execute the bio solids and head work construction on time and on budget while ensuring safety and community engagement. And that is june 2021. Also she wanted to break that down into five subcategories. So i would like to read those as well. So under 5. 9 sewer system Improvement Program she has identified 5. 9. 1 the phase 1 to follow the approved twoyear and 10year capital plan approved by the commission in february 2020 with the exception of bio solids facilities. And that is february 2021. The next heading under 5. 9 is 5. 9. 2. That it the bio solid digestive facility to reflect the Cost Reduction efforts and cost in the scheduled presentation to the commission earlier this year where we are increasing the budget from 1. 2 1. 276 billion a the schedule from 5. 8 to 7. 9 years to final completion and that is also february 2021. The next one is 5. 9. 3. Thats continue construction activities for both bio solidsfests and new head works facilities and complete all advertisements for trade bid packages for the new head works facility and thats june 2021. The next is 5. 9. 4 for the folsom flood resilient project and for construction. Thats june 2021. And then the last one is 5. 9. 5 and that is the advertised west side station project for construction and award construction contract and that is june 2021. Those are the comments that commissioner ann caen gave me to incorporate in my work plan. Thank you. Commissioners, any comments or suggestions on the general manages work plan . I think im getting two nos. I have one comment and then two suggestions. One is that the end of your section 2, theres a numbering problem that needs to be fixed. Thats a nothing. And the specific goal under 5. 2, that complete feasibility studies for at least three water projects and id like to add for consumption and environmental demands through 2050 maybe we can only have concrete plans for three projects but we need an overall view how were going to deal with the larger water supply plans Going Forward and especially the challenges that replace solids from various environmental requirements. The second thing id like to do is add part of 5. 3 is include the update for the power Enterprise Business plan. Weve had a lot of things going on in that world and im concerned the Business Plan may not reflect all of that and want to make sure we take a hard look at that and adjust it accordingly. What if 5. 3 is not included with the Business Plan . I dont see whats not included the way its written right now. Theres a very specific document. Theres a Business Plan document that lays out the strategy for how were going proceed and make the system work politically and financially. That needs to be updated. Its based on a legal theory we couldnt sustain and need to adjust it to our current world. Okay. I think the document seems to cover that is why im asking. In 5. 3 we can tay continue Business Planned an continue to obtain the rest of stuff in there thats fine. I just want to make sure because theres a very specific document that laid out how this whole thing is going to balance out financially as we proceed in our policy goals. The rest i have no argument with at all. I get it. Mr. Chair, would you mind once again reading the language you want added in 5. 2. For meeting consumptive and environment demands through 2050. Thank you. Madame secretary can you open that to the public. Clerk members of the public who wish to make Public Comment dial 4 56550001 meeting i. D. 1465003340 and press pound pound and raise your hand to speak. Do we have any callers . Caller you have two minutes. Caller hello . You are connected. Caller hello commissioners. Im dick allen im a Founding Member of the task force established in january 2000 and served as cochair of the Water Committee in district 7. I have four questions that relate to tracking mr. Kellys spread sheet performance goals. Question number one, what performance category is the watershed report assigned to . How many other reports is this valued at. Question two. What performance category is the m. O. U. Between the San Francisco p. U. C. And the rec and Park Department assigned to . How many points is the m. O. U. Valued at . Question three, what performance category is the reagan Park Departments issuance and the request for proposal dated december 2015, how many points is the request for proposal valued at . Last question, number four. What performance category is the Tuolumne River eco system and habitat assigned to . How many points is assigned for complying with the federal and state endangered species act. Thank you, commissioner. Thank you for your comments, caller. Madame secretary theres no more callers in the queue. Thank you. Public comment is closed. Commissioners. Id like to hear recognition of that and if not, where it could be. Mr. Kelly the lake merced is with previous years ago we worked with rec and park and we worked out an m. O. U. I think one of the themes we need to make sure which is part of the m. O. U. Is annual updates of where we are and i think thats something that i can bring to the commissioner on what those your dates are. As far as points are concerned, there are so many specific thooe things were working on that would be under the category and you would have to weigh themes we were able to move forward and apply those points on your opinion of how well we did in those categories under each one of those nine items. So we dont have a specific goal on it and because we are not assigning points on each one of the items that we can put it under transparency to give you an update on the lake merced as it relates to rec and park and the m. O. U. And just give an update where we are as you know rec and park is responsible for managing the recreation activities on lake merced. And as far as the tuolumne, we have it as part of our update and we didnt apply points to anything specific within the category. If i can give background, i forgot how many years ago it was when we first tried to put Something Like this in place that would have public work plan that the commission could then judge performance at the end of the year. That also has a tiein to harlans contract where depending on how the Performance Review is there could be a bonus award. The difficulty in putting together a document like this is this is a huge organization within a million requirements to get done. The rec park thing when we adopted the m. O. U. There was a specific request in there there be periodic reports with certain content to it. And theres requirements of city law or ordinances on the general manager. Its impossible to capture all that in one reasonably sized document. The thought was at the beginning of it theres broad categories to guide the general manager. And for us to judge compliance so things like adherence to policy is a broad category. We dont enumerate all the policies about the it covers it in general. Then we put in this section which was to allow the competition to put in specific things the commissioners had specific interest in. This is above and beyond law or agreements or ordinance or whatever requires the job generally if we had a specific thing were interested in and this is an opportunity for us to put something on the general managers work list. So commissioner caens interested in the digester. My interest in water supply planning is why i make those adjustments. This say list for things individual commissioners have a special interest in we wanted to highlight beyond just the general categories of how to do the job. Do you think it would be appropriate to put in there or was there another way we can do this because ive heard this a lot. This is very much of interest to the people in that area. Is there some way we can go to transparency for once a year update . I would say whatever we identify is not the only thing wed be working on and working with you on so if theres something that comes up you would like to elevate we could do that and this list is not the end all be all but at the beginning of the year we wanted to make sure we focus on these areas but it doesnt exclude you from elevating other items and issues. If theres something youd want us to focus on that would divert resource to that we would have to look at other areas where where we would amend this work plan but i think were highlighting things we plan on doing and put in dates and want to be accountable for those to achieving that. As far as the lake merced, well provide the annual update and if you would like we can agendize it whenever you would want input. I wanted to let you know whenever you have a topic or issue people bring up we can always work with you to agendize and talk where the status of that is right now. We had a report on what were doing was it the pump station at lake merced . Yeah. Could we have an update at that time . The pump station is not finished, right . What we can do is have a veg update where we are as it relates to lake merced and start there so everyone is familiar what the m. O. U. States and what is our role and their role to get everyone up to speed to where we are because sophie and tim are new to this so we want to bring you up to speed and by then hopefully well get another commissioner on board to bring everyone up to speed. Thats my recommendation we agendize this and give everyone an update and at that time well have Public Comment and based off that you can give me direction on what you would like to see our next are next steps. Is this better for rec and park than p. U. C. . Again, my recommendation is to give you what the mou because i know mr. All enhe feels p. U. C. Should take a larger role in managing the property and not delegate to rec and park. Anyway, i just wanted to point that out. Thank you. I i would be comfortable with that. Comments or questions . Seeing none, madame secretary well, weve done the Public Comment havent we . What we need then is a motion and second. Commissioners, this is francessca, i do think we need to clarify can you hear me . I want to clarify the changes to the work plan and i believe harlan named some changes and commissioner moran added. If someone can list those out with the motion. Didnt we make a motion and pass it to amend and now isnt that where were at . That was the flood letter item. All right. If i can suggest the motion be to adopt the work plan with the additions suggested by commissioner caen and the two additio additions requested by me and i think those are already read in to the record as far as the specific language. Does that mean we can move on this one based on what chair moran just annunciated . Ill move it. Always a good rule. I think i have a motion from commissioner paulson. Call the roll. [roll call] thank you. Madame secretary if you would read the items to be addressed in closed session. Item 18 existing litigation. [reading ordinance] and next one. Thank you. Open it up for Public Comment. Members of the public who wish to make Public Comment on closed session items 18 and 19 dial 1415655oo01 and meeting i. D. 1445003400. Are there commenters. I dont have callerers. Move to attorneyclient privilege. Second. Moved and seconded. Madame secretary call the roll. [roll call]. You have three ayes. The item passes. Well now go to closed session. Welcome, City Attorney herrera. Good morning. Thank you to mayor breed, chief scott, supervisors peskin and haney for joining me this morning to highlight our collective commitment to combating an all too familiar problem. Open air drug dealing in the tenderloin. Were all created to solutions to make sure we combat this epidemic that is taking control of the tenderloin neighborhood. This morning, my office sued 28 known drug dealers, file. They do not live in the tenderloin, but sell deadly drugs there. The drugs that are fueling the drug crisis in our streets. This is to stop the brazen drugdealing that has plagued this neighborhood. Last year alone 441 people died from drug overdoses in the city and the tenderloin had the highest overdose mortality rate of any neighborhood in the city. Enough is enough. These injunctions are carefully crafted to simultaneously safeguard a defendants due process while targeting with precision, the problem of drug dealers coming from outside the area to prey on tenderloin residents, housed and unhoused. This prevents the 28 named defendants from entering the tenderloin and part of the adjacent south of market neighborhood. Roughly from van ness to ellis and geary to mission. The tenderloin would become a protected zone and these defendants, none of whom live in the tenderloin, would be allowed to go there unless they had a lawful legitimate reason to be there. Were focused on the predatory repeat dealers selling the most dangerous drugs, including those leading to the most deaths. We have rigorous criteria. He or she was arrested at least twice for drug sales or possession of drugs for the purpose of sales in the tenderloin in the past year and a half. One of those arrests must have been in the last nine months. Both of the arrests must have led to either criminal charges by the District Attorney or a motion to revoke probation. The drugs involved were fentanyl, heroin, cocaine or methamphetamine. And the defendant is not a tenderloin resident. Has been given the opportunity to present their defense in court at a hearing and the court finds there is sufficient evidence to warrant the injunction. In other words, an injunction is issued if the need for it is proven in a court of law. Demographics or Group Affiliations were not considered when putting together these lawsuits. Violations of the injunctions will have civil and criminal consequences. Violations carry Civil Penalties of up to 6,000 per violation. Perhaps just as important, violations can also be pursued as misdemeanor crimes and subject to the defendants immediate arrest. An arrest leads to the search and confiscation of drugs or contraband a person has in his or her possession. These actions are aimed slowly at criminals coming to prey on the people of the tenderloin. We know who the predators are and we will not allow them to victimize tenderloin residents. Our message to these dealers is simple. If you come to the tenderloin, youll be arrested and your drugs will be confiscated. This is not a silver bullet. More needs to be done, including drug treatment options, expanded Mental Health and a focus on major narcotics suppliers, but this gives one more tool to the Law Enforcement to help keep the tenderloin residents safe. We need to stop this neighborhood from being used as the open air drug market. Our goal is to keep the dealers out of the tenderloin. The kids, the parents, the seniors, the workers, the Business Owners of this neighborhood have suffered enough and deserve nothing less. The tenderloin has the highest concentration of children in the city. It also has the highest number of Overdose Deaths and that is not acceptable. Once the pandemic improves, the kids of the pandemic deserve to be able to go to the school, playground, go see a friend without being caught in the middle of a drug deal or a person overdosing on the sidewalk. This wont solve the problem, but its a step work taking. I hadnt to thank the hardworking men and women in the San Francisco Police Department. Their diligence laid the ground work to put together this creative approach to public safety. I want to thank the team in my office that worked hard to come up with a way that will deal with a longstanding problem. I also want to thank our mayor for her tremendous support and leadership during this incredibly challenging time for our city, as well as supervisors peskin and haney, for their commitment to combating this problem. With that, i would like to introduce our mayor, london breed. Mayor breed good morning, everyone. Thank you, all, so much for being here today. I want to begin by thanking dennis has rare kerrera and the Attorney Office to deal with one of the Biggest Challenges in the tenderloin community. Not so long ago we set down a path to address what we saw as a significant increase in homelessness and tent encampments in the t. L. And we made a lot of progress. Over 400 tents removed with over 600 people. Were now down to less than 30 tents. And we drive around the tenderloin, we walk around the tenderloin, and you would think that nothing has ever happened there. That no progress has been made. You see hundreds of people on blocks throughout the t. L. Who are dealing drugs openly, in broad daylight. You see people pushing strollers, mothers, who have to go out on the streets to go around the drug dealing and the drug using and the challenges that exist there. I grew up in this city. I grew up not too far from the tenderloin in the western edition. And the tenderloin has always had its challenges, but it has never been worse. It has never been worse. And we cant do this work alone. We need to make sure that, yes, we address the challenges that exist with people who struggle with addiction. This is why im fighting so hard to get Safe Injection Sites open. Why im fighting to get expanded Mental Health support, because those of you who have family members who suffer with addicti addiction, you know how challenging it is to get them on the right path. We have to do more as a city to provide alternatives. And then we know the challenges that exist. The people who are being trafficked to sell drugs on our streets from other countries. The folks who are coming from other bay area cities because they know San Francisco is a place where they can make a lot of money. San francisco has become the place to go to sell drugs. It is known widely. And that has got to stop, because there has to be consequences. Look, i understand there might be financial challenges, but the fact is, we cant tolerate what we see happening in the tenderloin or any other neighborhood in our city. People have got to be held accountable for the destruction they are causing to these communities. And when we talk about destruction, were talking about the people who are dying in record numbers from drug overdoses right in the tenderloin. This is a commonsense solution to a very, very complex problem. And i really want to, again, express my appreciation to our City Attorney, Dennis Herrera, for not only putting together a unique plan, but for caring about this issue in the first place. And i want to thank him for working with the San Francisco Police Department to actually use data to inform this decision. We know that there is a lot of work to do. And we cant continue to let the tenderloin be the breeding ground for all that is problematic and challenging in our city. Its going to take helping with homelessness. Its going to take drug treatment. Its going to take supporting lowincome families and people who live in that community. And, yes, its going to take holding the people who are holding this community hostage with the rampant drugdealing that is completely devastated this neighborhood. We have to do better and we will do better. This is a step in the right direction. And im looking forward to seeing the results of this work. And i want to thank all those who have been involved and supportive of this issue. And we have got to get the job done and thats what this is about. With that, i want to introduce the police chief of San Francisco, chief scott. Good morning. Thank you, mayor breed. First, i want to start off by thanking our mayor london breed for her relentless leadership when it comes to this issue. As the mayor stated, this problem is pervasive and i also want to thank our City Attorney Dennis Herrera for an innovative strategy that really gives us a much better opportunity to turn the corner on the drug dealing in the tenderloin. I would like to thank supervisors peskin and haney for their support and leadership on this issue. Youll hear from them as well in a second. The men and women of the San Francisco Police Department and those say sign assigned to the tenderloin, have been working very, very hard to address the rampant drugdealing in the tenderloin. During a recent threemonth operation to focus on narcotics dealers, the tenderloin officers and the narcotics detail officers arrested over 267 individuals for drug sales. 267. And although that number may sound high, its just a drop in the bucket. Our officers seized over 144,000 in u. S. Currency and a combination of over 7,000 grams of cocaine, methamphetamine, heroin, fentanyl and other drugs. 210 of those arrests had prior arrests in San Francisco and 55 of the 267 arrests were in violation of courtissued stay away orders where they were prohibited from the area where they were selling drugs. 58 of those arrested live outside of the city of San Francisco. Now our efforts to combine or combat narc sales in the tenderloin are ongoing as of today. And todays announcement of injunctions filed by our City Attorney will help us address the concerns and complaints of tenderloin residents and merchants. And those complaints come pouring in daily. These dealers prey on a vulnerable population and contribute to the drug degradation of the quality of life who work and live in the tenderloin. These injunctions give Law Enforcement officers another tool in our tool kit. Violators face up to a 6,000 fine, misdemeanor arrest and officers can potentially seize money and drugs along with other contraband. With the combined efforts in the drug treatment and other Public Health strategies, we hope to have a positive effect on the quality of life in the tenderloin area. As was stated by the mayor i cant emphasize this enough we have to do more, we have do better and we will do better. We cannot and will not further tolerate drug dealers coming into the tenderloin from wherever theyre coming from throughout the bay area to ruin our community. The injunctions will make coming back to the tenderloin have more serious consequences. And, drug dealers, if youre out there watching this news conference, know that your actions will not and cannot be tolerated any longer in the city and county of San Francisco. With that, id like to turn the mic over to supervisor aaron peskin. Thank you. Supervisor peskin chief, thank you, City Attorney herrera, mayor breed, for what is truly a creative solution. This is not a silver bullet. It must be coupled with Mental Health services, with drug treatment, with the addition of sorely needed Affordable Housing in and around the tenderloin. A year ago supervisor haney and i went to a meeting together just up the street in the tenderloin wherein we witnessed an individual who was literally dying of a fentanyl overdose. We were able to locate some narcan and that individual is alive today, but that should not be happening on our streets. This is not only a creative solution, but it is one where City Attorney herrera has crafted it very carefully in conjunction with my office. Has done so in a way that honors the civil rights of individuals in our community. It is structured fairly and will be supported by the board of supervisors. I want to thank the City Attorney. Were going to make a difference in the tenderloin. And if this works, this is a model that be exported to other parts of San Francisco because when you look at those 441 deaths, it is true a disproportionate number of them are in the tenderloin, but those individuals who are preying on weak individuals in our community are not just operating in the tenderloin. And if this is a success, i look forward to working with the City Attorney office, the chief of police and mayor to export this model to the rest of the city and county of San Francisco. We are available for questions and comments. Thank you, supervisor peskin. Well begin with the q a portion with City Attorney herrera. The first set of questions are from kate wolf. The aclu and other Community Groups have said injunctions like gang injunctions used in the past dont address root problems and violate peoples civil liberties. Can you address how these injunctions will be different from those . One thing you heard uniformly, both from the mayor, from supervisor peskin and from the chief of police, this is part of a has to be part of a comprehensive approach that focuses on drug rehab, Mental Health and the like. So there is no doubt that we need to also get the root causes which are contributing to our problem. However, this is different from gang injunctions. This is not based on affiliation or status, it is based on going after individuals who have been known to engage in criminal conduct that has been charged by the District Attorney and arrests by the Police Department for known activity that has occurred in the tenderloin. The fact of the matter is, we carefully crafted this to make sure it was based on conduct, not on status or affiliation. And there is also the opportunity for if people have a legitimate reason to be in the 50square block area, the protected zone, courts, city hall, have all been exempted from the limitation of movement. So this is very different from gang injunctions. I think it is something people need to be aware of. This is based on conduct, not status. And demonstrable conduct from individuals who dont even live in the tenderloin and 27 of the 28 dont even live in the city and county of San Francisco. Thank you, City Attorney. The next question is from joe with bay city news. Why would civil injunctions be used instead of criminal actions if the city knows who the dealers are . Its another tool in the tool kit. Certainly, there are criminal penalties that can accrue, but the fact of the matter is, if someone is going to suffer a financial penalty of a significant dollar amount, that is something that dissuades individuals from engaging. With respect to these injunctions, you have two tools, a criminal sanction as well as a civil sanction which did not occur previously. This encompasses the whole tenderloin, where something that the chief referred to earlier, the stayaway orders in other criminal cases were designed to be with respect to one particular corner or block. It was not nearly as comprehensive as what were seeking here today. Thank you, City Attorney. That concludes todays press conference. Thank you, everyone, for joining us