Transcripts For SFGTV Special BOS Govt Audits Committee 102016 20161023

Think then clarifies can be easily read if were reading whereas for all United States wonderful thing and at the bottom say were adopting the principles it is more a for the most part and then also values dating them we didnt sort of pick them out of thin air theyre related to how you testify those are the histories this is where people are using weve found used intoxicate appropriate therefore wish to add do you want them and resolve that the you know bar and then comes the principles so that. Commissioner chow would you like us to come back with a form or like to approve in principle this and then we presents to you here on behalf of the appellant that shoulders we should come back with a better foreman. On the agendas well discuss that and vote. We have other opportunities. So i think this works. multiple voices . Whatever final copy well come back with a final opportunity. Exactly those were on the principles on which to half the department is operating the public should be aware were looking at the promises principles. Any further comments. The only comment i thought i cant remember this came out in the last two years something on the Public Health mission pushing and i cant remember if, in fact, there was a chapter in under that dealt with that on or about you may want to check that i could be absolutely wrong i didnt flag that that way. Ill look at that. It might be worth looking. Also the board is recommending this code or a code. My understanding it could be a coincide node specifically this one but this seems to be the one that is the most comprehensive in terms of it being able to give you lad it is the duty in specific practices. Thats fine. So i think those should be whereas. Okay. Any further comments. No. Precede to the next item. Thank you very much for the suggestion. Well look forward to be able to see the principles. Okay. Great. Thank you. Item 9 is a dph Financial Report and mr. Wagner and quick intervention. Trying to figure out commissioners this report is for discussion no action you need to take. Its barely show up on the screen. No, i, probably make it through here so long as the mouse works on the screen. Thank you. Okay. Commissioners greg wagner chief Financial Officer we have a presentation on our yearend financial Quarterly Report so this is a summary of our yearend general funds financial position as recorded front seat in the Controllers Office this is a little bit later than the Financial Report because of the yearend in particular we have to go through a longer process of crossing out the books it making takes more times for the fabulous to settle we like to wait when we can bring them to you when in their fully cut our big picture for the fiscal year 20142015 is very positive we had a good year we have a couple of of things going on were ending the year with a net general Fund Contribution back of 11 million however, this is necessary of an additional contribution to reserve or so that will remain in place and be a cushion against future losses the operating expenditures and revenues were favorable . Allowed us to meet your targets and allowed us with the Controllers Office to Fund Additional refers this helps u. S. Bancorp us to have greater Financial Stability as we go forward into the continued changes in under the state and federal policy actions so again as you can see how the highlevel of numbers breakdown on the summary table when you take our flat operating expenses and revenues we had a fractiously surveillance of 74. 2 million of that amount 63. 02 is programmed into those revenue refers so those are not directly returned from the general fund their withhold by the Controllers Office that is available to us if we have a shortfall in the future years. So ill cbo through quickly by divisions and happy to answer questions i dont want to spend too much time San Francisco general living San Francisco General Hospital had a net surplus as you can see a lot of things moving around and we have seen this over the last 18 months how we experience the projections are matching up to the Affordable Health care act and so some go significant changes we have our night patient revenues higher bin budgeted 10 we are budgeted significantly this, an increased medical rate for Eligibility Program that allows us to enroll people into medical and we get paid fee services that has been a big boob do your our fee revenues were below budget on a number of the state and federal Revenue Streams as you can see here theres a addition safety net care pool and shawl we see that every year in our Financial Reports thats the second and thirds line on this slides are tied together learner we budget a significant amount of excess Budgetary Authority in this case we need it to draw down the funds the supplemental few minutes we have a make a loophole expenditure that gets matches and comes back to us we dont want to run out of Budgetary Authority to risk noted drawing funds as you can see a shortfall in revenues but an expenditure savings that is equal and offsetting we didnt center to put that the dollars to get matches but not matched because not enough money to do that shortfalls in our revenue and significantly in our realignment dollars that are associated with the recoupment of the align dollars a significant on or about were going to be continuing to watch over the next couple of years. Laguna honda has a modest surplus because of revenues help at home a small surplus in salary and fringe that help at home is a deficit for years and theyve corrected that in the black now for several quarters in a row that is a big effort sow so were happy to see that and primary care weve got a 13. 2 million surplus two convenes one capitated revenues were underestimated and second a salary and fringe benefit savings we see at the end both of the hospitals and primary care we have salary and fringe savings we dont expect that to continue as for ramping up on capacity and process changes to streamline and expedite our hire so well be looking at that closely but i think that is a with time catch up as weve involved in our h. R. Systems to be able to fill vacant positions Jail Health Services is essential around budget another one has historically had an expenditure deficit so they have gone a long way to terminate that as well in our Mental Health division some significant variances but most of what those are are results of changes in accounting more than theyre an indication of something happening operationally within Mental Health a change in the way our interim payment are made starting in 20132014 so were essentially paid at a higher rate we had to go back and elevate when were audited and have a supplement on the audits whats your liability to have to repay some of the funds back to the state we went through and experienced this year and look at it did dictated and updated our revenue model weve gone back and addressed add additional revenues for 20132014 to cover ourselves if we have to pay back because the live payment methodology we will be able to pay that and wont come off our bottom line there is a significant savings the bulk is a settlement of an old costs report that allowed us to release expenditure dollars thats a one time widen fall because of the settlement in Public Health again, youll see that we have a realignment loss that ab 85 recruitment is splits within the San Francisco general and pushing youll see a little bit of it in two places and some expenditures savings on the salary does the bulk of that from delays in phil newest budgeted it positions again as we get our hiring rammed up wiener well see that decrease as were able to catch up on the timing and get those positions fills Substance Abuse a 5. 1 million surplus Substance Abuse favorable expenditures due to a higher cost settlement a one time savings well not expect to repeat so kind of in summary of where we are ill be happy to answer any questions but weve under a new reserve policy weve talked about at the Commission Part of annual appropriation ordinance approves by the board of supervisors too years we have been able to build up reserves that burglary protect us against this volatility in state and federal revenues thats a big priority for us just because were weve limited ability to manage on the margins when we have those big swings in the revenue over the two years ago weve now working with the Controllers Office set aside 92. Million that reserve so give us a level of comfort in terms of how we can deal with future losses issues that are driving the deposits into the reserve well be watching closely over the year we have a potential dislife without the possibility of parole significant disallowance of payments maids in prior years from sb 28 that reenforces on the laguna honda replacement project so we put marine corp money in reserve in case we have to pay that amount back we have a reduction in the deexpansion rates that is gone into effect over the last couple of months and again as part of the ongoing uncertainly over what the state will recoup and interacts the waiver weve estimated 27. 9 million potential liabilities that is referred for in the fund as well so again, it is a good year weve hit over Key Financial Targets a second year in a row watt the supplemental appropriation that is always worth mentioning after a decade of supplemental appropriations and weve started to establish mechanisms foreign dealing with the uncertainly this is a beg source of Financial Anxiety for the department so ill be happy to answer any questions and questions dr. First of all, thank you this is really a great written summary it looked at the late late night and it was clear and i guess two issues were demonstrating great fiscal maternities with the captioners under our control wear containing costs and staying within our projected revenues and we have mostly positive surplus on a management prospective thank you to everyone director garcia and mr. Pickens and everything and, of course, yourself doing all the direction and also on the reports side i it out you emphasized the drivers so want to thank you for making any late night really pleasance and im glad i was helpful and im sorry. You have to change the reports this is a change in the reports and i got it it was very nice the question with regards to the drivers that are sort out of our control i think the one in our control there is services and safety were doing great im worried about hundred Million Dollars the 5 percent of over total budget the state we might get it how do wells address that i know you have contingency reserves at the local level but are the counties together working at the state level to make sure that captation praits rates dont fall below what is reasonable and the realignment revenues flow and promised i guess i would hope we can get a better grasp of hundred Million Dollars i know you guys are doing if you could reach. Weve worked with all the hospital and other communities colleen is the policy director we have worked diligently working on many of the issues together but this is has been a historical process for the departments and having this reserve is won the abilities for us to be able to responds to those at times revenue comes in it could be an audit from 5 years ago so it is very volatile that is why within our goals and one of my dowels to have the reserve for the department which the city has allowed us to do to insure were not spending the same and dont have a reserve and all of a sudden the costs that come to us are revenue that comes to us we cant spend either we have to go through due process on a policy and advocacy level we worked with all the counties hand to hand trying to look at this week on those specific issues if you have questions about those specifics. One id like to followup this disallowance im not sure i understand what is disallowed we can here on behalf of the appellant and sure i can. Rather than less controls. Sure and just briefly to add to our director garcia one of the big sources ever uncertainty is the funds that come through the 1115 waiver our addition and safety net pool few minutes it is because theres a formula that ties us to the Financial Performance of ever on the one hand, other counties that perhaps one of the things weve been pushing as we go into the negotiation of the new waiver to create a system that gives us a little bit more certainty and control predictability abilities one day get a letter the estimate for your allocation has changed by 36 millions positive or negative and we react we have a little way of knowing that is coming this is one of the big policy and legislative concerns how can we work on the new waiver to make it a little bit more structured and predictable. On the disallowance of the sb 1228 that one really is more of a technical item were in the process of working with the state and frequenting to fought what our option to appeal that but basically what it is their is a state plan amendment approved some years back to allows us to draw federal dollars to grurms us for the debt service of laguna honda weve been working closely what the state to do that we recently were notified that under federal accounting rules that the way they view those payments are sense they were maids on Debt Services about patients occupied the new facility theyre not an eligible experience for reimbursements that is a technical urgent care policy interpretation that came down to us were in the process of really trying to dig through that and figure out you know what our options for appeal and build our argument were going to make our best effort to change that but this really is one of the things where this is from fiscal year 2005 through 11 the payments were made it is many years later and all of a sudden one of those things that gets caught in the federal audit process those types of things so many years worth of times between the point you get paid and final audit is closed we have some exposure of uncertainty about are we going to are a negative or positive audit settlement and align for those kinds of technicalth issues are really our best strategy to have a reserve in place you think about 2 million operating budget to essential be operating on no reserve which weve been up until two years ago it is not a viable place those are the two policy approaches to next the way the payments are made and kind of a financially plan in a 2 billion budget bound to be variations or various and how to create a modest and reasonable cushion so were able to adapt to the new items as and come. With the disallowance with a one time i mean were going to get it or not not a reoccurring expense from our budget. Correct Going Forward once the patients have occupied the facility the initial theyve race is no longer a relevant grounsz for disallowance. So what it it sounds those are parts of the audits and thats correct. And go on i want to comment i thought again and this is in the just this year this formats were using a steel helpful and continues to be transparent and allows us to understand even in the good years what is happening and the good news this is second year as you say makes for a much more sounds sleep at night. Absolutely laughter . Im sure in our case. Absolutely. So any further comments on this ends of our report. Ill note no Public Comment requests for this. I dont know from the director wishes to comment. As a historian in the Defendant Department it is a good year despite the fact of audit extension again this was a goal we had to have a financial reserve to be able to manage unforeseen issues and the fact that state and federal government do take time to process those audits, etc. And so we never know what is going to come we just get surprised but encouraged one day it is positive and now it is negative so this is here on behalf of the appellant will allow is a more stable prediction of our financing as you can see what we are doing well from the operational point of view the issues the federal government and the State Government that interest changing their direction how we get paid. Thank you very much. When the summer goes if were on time and on budget maybe we should be our own country and states of San Francisco maybe thats the solution. So move on commissioned to the next item is that all right. And, yes. Item 10 new bus. Equal i said to thank everybody for having participated in the planning i know that commissioner pating has ideas of trying to hem formalize some of the thinking for the future and the Public Health so i hope the meeting was helpful. It was helpful thank you to the department of Public Health and decreasing doctors i felt i walked awful u away from that briefing feeling for the first time i understood all the divisions and how they Work Together and the importance of them as well i think that will help us in our smaller committee. Thank you next items please. Move on to the joint conference and commissioner sanchez you have summaries in front of you, you from the accepts j. C. Meeting and laguna honda meeting. So the september 22nd meeting we looked at the Quality Management report a new format and he guessed were all trying to learn it. It had a very good update on the security Port Commission progress that is going and the discussion of 340 pharmacy update well expand the that is of service for our clients actually receiving the 340 b bed think an outpatient basis were looking at and had continues to follow the transition for the new rebuilt, of course, well be having the Ribbon Cutting on november 21st we otherwise received routine reports not routine in the sense that was not important but routine we get those regular reports from the hospital administrators the patient care from the Human Resources which is an issue theyre on track and should be able to accommodate our new building at a little well needs our are personnel and during the staff report we had a revision to the rules and regulations and revised the clinic documents and revised the ed privilege list and in closed session approved the criminals and fifth street corridor from the directors report. Any questions please. Doctor sanchez yeah laguna honda conference met on the 13th the majority of meeting was in closed session we were reviewing the medical improvement medical quality bids and incredible reports the votes were in closed session and voted not pertaining to the incredible report that really concluded the meeting for that day. Note in Public Comment and move on on item 12 the Committee Agenda setting. So it is our my intent to have our closed session on the elevation of over director at our next meeting. Were looking at at planning a planning meeting hopefully, a session online sometime in the spring. Any other items that the members would like to speak to if not well go on to the next item. The consideration of adjournment. Oh, a motion for adjournment is in order. Motion to all in favor, say i. I. Opposed . Were adjourned thank good morning and welcome to the government audit and Oversight Committee of the San Francisco board of supervisors for today, thursday, october 20th. Im the chair of the committee, supervisor aaron peskin, joined by member and board president to my left, supervisor london breed, our clerk is ms. Erica major and ms. Major do you have any announcements . Yes, please make sure to silence all cell phones and electronic derises and completed speaker cards and documents included as part of file should be submitted to the clerk and items act on will appear on the november 1st, board of supervisors agenda unless otherwise state ed. I. E. , 1sy resolution authorizing the director of the Mayors Office of housing and Community Development to execute a Grant Agreement with broadway sansome associates lp. Thank you, ms. Major. Is there a representative here from the Mayors Office of housing and Community Development . Good morning. Joan mcnamara, Mayors Office of housing and Community Development. Good morning, ms. Mcnamara. Seeking aproval to enter into a 30year subsidy agreement with chinatown Community Development center to provide rental subsidies to 12 extremely low, and lowincome households previously displaced by city action. The subsidis would enable the 12 households to live at broadway sansome apartments and pay 30 per hour Household Income for rent with the citys Municipal Transportation Authority picking up the difference between the units full rent and 30 of the households income. In 2012 to give you a little bit of background mta purchased and later demonthished the chinatown building in which these households were living to make way for the central subway chinatown station. As required under federal relocation law, mta provided 42 months of rental subsidy to each household displace to each of the displaced households. The subsidy was used to pay the rent differential between 30 of the households income, and the rent that was being charged. In addition to the federallyrequired Relocation Assistance mta wished to provide permanent replacement units as an option to the displaced residents. Mta and mohcd identified the broadway sansome site to provide the unit and mta committed 8 million to the construction of broadway sansome a 75unit Affordable Housing Housing Development locates at 255 broadway. 12 of the displaced households with incomes at or below 50 ami were offer a unit at broadway sansome. Five of the households qualified for 50 ami units, and 7 qualified for 30 ami units. All households are required to pay 30 of their households income for rent, with mta picking up the difference between the actual rent charged and the households 30 payment. The subsidy will continue to the households for up to 30 years, provided at least one member of the households was an original displacee, and the Household Income is no higher than 50 ami. The total projected subsidy over 30 years, which is based on the households current incomes is 1,192,320. Or 39,744 per year. Households are annually certified, and as their incomes go up, their subsidy is reduced. This ends staffs presentation, and i have both Whitney Jones from chinatown cdc here and staff from mta to answer any questions you might have. Thank you. Thank you it all seems very straightforward and the budget analyst recommends approval. Mr. Jones, anything that you would like to add on behalf of community cdc . Are there any members of the public who would like to testify on this item no. 1 . Seeing none well close Public Comment and supervisor breed, if there is no objection, well send the item to the full board with recommendation without objection. Item 2 or would you like to skip over it . Madam clerk, please call item no. 3 out of order. Yes, item no. 3 say resolution establishing a new Public Benefits civic nonprofit entitled the yerba buena gardens conservancy to assume longterm operating and management responsibilities for yerba buena gardens. I do not see ms. Venancion from supervisor kims office, so why dont we go to item 4. Item 4, hearing to consider that the transfer of type 48 onsale general public premises license from 451 bush street to 447 bush street forces sffsre, llc. Doing business as as fluxus will serve the public convenience or necessity of the city and county of San Francisco. Do we have a representative from the Police Department . Sergeant kennedy . And let me start by thanking president breed for transferring this item from the committee to the government audit and Oversight Committee because i know time is of the essence and i was personally able to go out and meet with the applicant onsite, and look at the premises and with that, sergeant kennedy. San Francisco Police has previously mentioned that we approve and stand by our decision. Thank you, sergeant. And as to the questions that i had at a previous hearing, with regard to issues related to the singleresidency occupancy hotel those have been asked and answered. Would the applicant like to testify . Seeing none, we will close Public Comment. And supervisor breed, if you have no objections, well send this item to the full board with recommendation without objection. [ gavel ] while madam clerk, please read item no. 2. Yes, item no. 2 is a hearing to receive updates from various cry departments who are required to provide a response on the implementation of recommendation no. R5 dcontained in the 20152016 civil grand jury report entitled into the open opportunities for more timely and transparent investigation into fatal San Francisco Police Department officerinvolved shootings. Let me start by thanking the civil grand jury for their work and we previously heard this item in the middle of september. And had a couple of outstanding issues. One of them, being the status of the memorandum of understanding between the Police Officers association and city and county of San Francisco, and i see that chief mckeveren is here and the other was pending the release 1. 8 million for the District Attorneys unit and those have been released and ms. Numan, what day did the budget and finance committee release those funds . September 28th, 2016. Okay. I think our hearing was september 15th and it was supposed to be released by october 1st and indeed it was. With that, deputy chief. Good morning, a appreciate the promotion, but im still a commander. [laughter ]. Commander, sorry. Thank you very much. Good morning, supervisor breed and supervisor peskin. Good to see you this morning, and members of the public and the grand jury representatives. I know there is really one topic tonight this morning that you wanted to talk on our current status of the mou with the District Attorney and i will get to that in a second, but i just wanted to speak on a couple of things that happened since our last meeting. Obviously last week the department received the doj collaborative review initiative with 270 recommendations and as you know the mayor and chief agreed with the report and committed to all recommendations within that. There are timeframes set in place, but we have a lot of work to do, especially in the next 18 months. Were currently prioritizing those recommendations and Response Plan for the implementation of those reforms. What we found that we expected within that was there were many linkages between some of the other reports that we received, and youve received in the last few months including the Blueribbon Panel its report and directives on 21st Century Policing and grand jury report specifically to ois investigations. What we did after we got that report was we looked at it and there are a number of as i said, linking recommendations, that were from the doj collaborative review, as well as from the doj report and just to name a few of them, some of the things that came out of the report was a creation of an officerinvolved shooting web page with statistics and updates to the officerinvolved shootings, which was also a recommendation from the grand jury report. And were currently working on that as we speak. So that we can get responsive to both of those reports. Obviously revisions of general orders as you know they have been outdated for a long time and that is one of the processes that well be look the. Standard methods of timely notifications to the District Attorney and other responding units, when there is is an officerinvolved shooting. Press conferences and town Hall Meetings with the policy. We do have tonight a town hall meeting with the chief out in for the ois that happened friday night. So im happeny to report those will continue, and that is something that the grand jury recommended. I know that they at the time had talked about having codified, written policies for that and i think that was a very good recommendation and were looking at that as well. So that we have not only what our responses is going to be in the future, but a directive that we can point to, and that the public can see for the transparency. And the last thing is that we talked about and here today for the creation of the new mou with the District Attorney. Where we are ot that, after we met last time, the District Attorney provided to the Police Department a draft mou between the Police Department, and the District Attorneys office. About a week ago, the department met i was there with chief sinez and christine is here from the das office and we presented changes to the mou, looking at certain things that we currently have in our general policies and procedures and policies that were required to agree with and agreements with allied agencies and agreements with other agencis with officerinvolved shootings and some codsfied response to how that would be if there was a shooting say between bart pd and an outside agency and provided them with basic of charter and discussions with the City Attorney. We presented to them last week and last week chief chaplin and chief sinese met and discuss what discussed what they agreed and they currently have a meeting planned, i believe next week, to discuss it further. So we have both exchanged mous and the chief and the District Attorney are currently in discussions with about the agreement what is in it, so we can move forward and hopefully sign an mou between the go agencies. With, that the last thing is [tkhaerplt ] is moving forward with internal change s to response to oiss and what is out of the mou and those will be presented at future presentations on grand jury reports and other reports that we got from the doj and the collaborative review. With that im happy to answer any questions, or if you want ms. Debary to come up to speak about that process from yesterday. Thank you, commander mckecklin, supervisor breed. So we have a change to the response. So this i dont have any questions. Thank you, commander. And i just want to make sure that make a change to our response for the response to the civil grand jury report and ill enter this in for the record. Resolution that the board reports to the presiding just of the superior court that recommendation r. 5. 5. On page 4 [ 3 ]. Has been implemented for the reason as follows the board of supervisors appropriated and placed on budget and finance committee reserve 1. 8 million in fiscal year 20162017 to add 14 positions in the District Attorneys office to expedite officerinvolved shooting investigations. On september 28th, 2016 the budget and finance committee released 1. 5 million to hire these 14 positions, in fiscal year 201617, and retain. 3 million onbudget and finance committee reserve. The board of supervisors agrees that future funding decisions and Department Oversight should evaluate the das improvement and promptly completing criminal investigations and issuing charging decision letter in officerinvolved shooting cases and be it resolved. Okay. Motion made by supervisor breed. Which well circle back around to after Public Comment. Ms. Debary. Good morning, chair peskin, supervisor breed, thank you for having me here this morning, Christine Debary by way of update on the work of the officerinvolved shooting civil grand jury report, we have made as indicated in the last hearing the requested improvements to our website, and continue to do so. Were hopeful at the conclusion of mou negotiations we can put up more thorough information for the public about the process and procedure. We have posted the procedures that currently exist. As indicated we received the majority of the funding, though there is still a portion of that on reserve to the Budget Committee and well see its release at the appropriate time. Immediately upon receiving approval for those positions, posted them and have been receiving resumes and conducting reviews. And are making very Good Progress towards identifying future personnel for that, and quite excited about the prospects of who will be well be able to bring on for the unit. The critical and outstanding issue is the mou and we have not reached agreement and da indicated yesterday to the chief he is fine with the vast majority of what the Police Department has proposed in their mou. But there remains the challenge of the criminal investigation. Obviously the administrative portions of any work that the Police Department would do around a firearms review board, around returntoduty, any administrative or personnel sanctions that they wanted to implement is certainly not our purview and we have no interest in crossing over that line. But the criminal investigation remains criticallies important and the 21st century report and many reports that have been released recently create deat conducting a criminal investigation of onesself is less than ideal. We would actually welcome an opportunity to reportback. Thank you. Any members of the public who would like to testify on this item or any members of the civil grand jury, who would like to testify on this item . Please come forward. Good morning, eric vander pool with 2015to 16 civil grand jury and i wanted to thank you for bringing this back on the agenda to get various updates from the departments. As a concerned citizen and representative of the civil grand jury our hearts go out to the officer who was shot in the officerinvolved shooting incidents last friday at the lakeshore district and were sending our best wishs for a full recovery and our thoughts and prayers are also with the family of the suspect who was shot and killeds and at the center of that incident. Is wanted to acknowledge that and shows it reinforces the importance of the work that everyone is diligently doing around officerinvolved shootings. On that note i would like to recognize all the departments who have been working to push forward some of the recommendations that civil grand jury made in our report. Its an exciting time, especially now that the doj has released its report, and the Blueribbon Panel report, the civil grand jury report and doj report all complementary and encourage all department s that they look at all report because they are not identical. There are different recommendations, but none of them if are in conflict and shouldnt be mutually exclusive and as everyone continues to work on this topic that we look at all of the reports in tandem to make sure that we bring our investigators in the officerinvolved shootings into the open, make them as timely and transparent as possible and encourage the San Francisco Police Department and da to work to a new agreement so this investigation process can be haged as independently and as transparently and as timely as possible. Thank you. Thank you, mr. Vanderpool and thank you again for your work and the work of the civil grand jury. Are there any other individuals who would like to testify on this item no. 2 . Seeing none, well close Public Comment and there is say motion to amend that supervisor breed made on the first resolve on page 3, can we take that without objection . I wanted to make a comment, mr. Vanderpool brought up a really good point about there being first of all a number of reports provided by the civil grand jury, which we definitely truly appreciate the work that went into developing those reports. But we also have the Blueribbon Panel report and the cops report, and the board of supervisors is currently planning to continues Quarterly Committee of the wholes in order to have continued discussion of this issue to see how far we have come from the time that these reports are issued, to implementation of many of the recommendations that exist. I do think its important that we continue to make sure that were having a public discussion around this particular issue, and were demonstrating clearly that progress is being made. And although i know that we want to see it happen sooner rather than later, to shine a light on this, to keep it in the public eye, and to consistent life move in the right direction is really important. I think in looking at these reports as a whole and continuing to Work Together is going to help us get to a place where well eventually, hopefully be able to reestablish the trust that has been broken between the communities and the San Francisco Police Department. Im looking forward to that day. I know its going to take time, but i think were taking a bold step in the right direction, and well continue to push on this body to make sure that discussion is at the top of our agenda on a regular basis. Supervisor cohen proposed as resolution, i think were meeting in november, to have these discussions, if i recall, chair peskin. And the following meeting will take place next year, 2017, in february. And quarterly after that. So im looking forward to a continued discussion. So again, thank you to the civil grand jury for their work on this and these reports will not just be put on the shelf and forgotten. They will be pushed and implemented by this body from my perspective based on the interest of this board to see us make progress in this regard. Thank you again very much. With that, chair peskin. Yes. Supervisor peskin, just for clarity, the motion the action will be recorded as prepared in committee as a motion, because this item is a hearing. Correct. Okay. And it will be recommended to the full board. Correct. That will be the order without objection and let me concur with president breed, the board of supervisors is obviously very focused, and the confluence of those three reports has been very, very helpful for our work. [ gavel ] we have already called item no. 3. And ms. Veneerasion has joined us. The floor is yours. Good morning, chair peskin and president breed, from supervisor kims office. This is the second time were hearing this urging resolution and acknowledging the establishment. Yerba buena gardens conservancy. I believe there was a lot of testimony last time about the formation of this new Nonprofit Organization to maintain it the interrelatedness and synergy of the open space in yerba buena gardens and to once again thank the stakeholders who came together with the city and the office of Community Infrastructure and it investment and the San Francisco Real Estate Division to put together this plan. I have some amendments todays to begin the feedback from the Community Hearing last week and to address some of the issues raised in harvey roses report, namely the development of a communities facilities plan. Having more direction and specificity as to the composition of the board of the yerba buena conservancy and acknowledging there are some important cultural institutions adjacent to yerba buena gardens that was mentioned at the last hearing, particularly the museum of african diaspara and adding the San Francisco Filipino Cultural Center which is adjacent to the gardens as part of the analyses and the plan. I think underlying this resolution is one, recognizing the work of the stakeholders, but also these are important assets and institutions that serve the city and purpose. Its part of the interconnectedness of the Moscone Center and these are assets that visitors attend and this is something that should be planned for in the longterm. For these types of facilities and these types of art facilitis that are also burdened with having to fundraise for their operations annually and year after year, a tenyear Capital Planning timelines is not sufficient. We need to have a longerterm horizon in terms of taking a look at what revenues are needed to maintain these assets . And that is what were calling upon the expertise of the San Francisco division of real estate to do by asking them to put together a plan by march 2017. The original resolution, which we had introduced in june, had a yearend timeline, but i think that changing the date to march 2017 should provide sufficient time for them. The plan also calls out for an investigation of resources, and names the central soma plan as a new area of upzoning and a potential. I just want to emphasize this is a potential Revenue Source and all of that will be for discussion with the expertise of the department of real estate. And then ultimately the board of supervisors to decide on the allocation of funds. So im happy to walk through the amendments linebyline. Is that what you would like me to do . I think the ones we were most focused on, which was the composition, and appointments to the board, as well as the involvement of the San Francisco Real Estate Division have been addressed on pages 4 and 5. I think that is what we were focused on. I guess a question to mr. Updike, but as the capital number moved from 30 to 50 million at our last hearing on this i said to mr. Updike, what do you think the real number is and he said, i dont know yet or words to that effect. If we turn it over to john updike, that would be helpful. Good morning, chair peskin, supervisor breed. Unfortunately, we still dont know exactly. However, we are running models of. Both the model that the mjm management, the current Management Entity for yerba buena gardens has and what is called comet. That does not produce great returns over long periods of time. So were validating that information with our own citys system known as srsf that was referenced in the civil grand jury report regarding our capital and maintenance process for improvements. So its really timely that we have taken a deepdive into what that can do and thus system to better allocate system resources. Were continuing that effort and certainly supportive to get more time to be sure these numbers are vetted. And want to work with the stakeholders on that. Plus the march timeframe syncs up very nicely with the capital plan process, when that capital plan will be put to bed in the spring and move forward to the board for review. So we can input that into the new 10year capital plan and we look forward to doing exactly that in the coming time. I dont know if 50 million is the right number. However, what i will say is that we took the revenue numbers, which are fairly known, added in some components for the conservancys anticipated costs of taking on some obligations. So added that into the expense stream. And assumed a fixed amount of capital renewal costs of 50 million taken over a 30year cost stream. Frankly, it looks fairly good. Were able to maintain a reserve in excess of a percentage of calculated replacement value that we should have as a bestpractice. So were actually initially encouraged, but well still want to vet these numbers and be sure that we have accuracy here. Of. I hope that is helpful. Im just wondering whether or not we want to further tinker with the last recital, the whereas at the bottom of the page 3 whereas the gardens is projected to need approximately 50 million Capital Funding over the next 30 years whether or not we want to Say Something about subject to the division of real estates analysis . Yes, chair peskin, it would be approximately. Or subject to validate. Something along those lines would be appreciated. Thank you. You are comfortable with the resolution as amended, mr. Updike . Having confirmed that is what we saw last night, yes, i think we are comfortable deputy City Attorney givener has any comments. Deputy City Attorney jon givner. My understanding of the resolve clauseses that say shall or will are anticipation of anticipating how, for instance, the appointments will be made, rather than imposing a legal requirement on this new nonprofit that the appointments will be made in this way. Other than that, reading those words will and shall meaning essentially should, i have no concerns. Mr. Givner, you are specifically, i assume, addressing on page 4 the be it further resolved yerba buena gardens conservancy will be governed by . That is right. As well as two resolve clauses down, the conservancy will continue to contract for i think those are all the resolution in effect is the board saying this is what we intend for this body to do and be. Do you suggest that we specifically say that, or is this selfevident in your opinion . I think it would probably be best, if the board, if you explicitly say that or replaced some of the wills owe with should, or its the intent of the board if you dont, because that is a lot of line editing right now, i would just note for the public here and for the record that is the meaning of this resolution. Okay. Are there members of the public who would like to testify on this item, please come forward . Good morning, my name is kathy, the director of the Yerba Buena Community Benefits District and here in interim board of the conservancy and to go on record saying that we are in support of the sponsors proposed amendments to the resolution. And that we had done some work that has been incorporated into this about the board size, split and composition. So i have brought copis for you guys. I think you have seen this, but just wanted to say that we are in support of a 15member board with 9 6 split and have proposed and thrown some ideas for composition for each of those, but open to conversation and looking forward to those conversations with the city on how that composition actually how it ends up in the wash. Those are just our suggestions at this point. Thank you. Thank you. Mr. Ellerling. Good morning, supervisors, i just want to of course focus on the funding. As you spoke to operating and capital, these are obviously pivotal to the success of the gardens now and in the future. They are difficult challenges, and we will work with the city in solving them. But i do want to note, its very important to remind all concerned that it will be the board of supervisors, yourselves, next year and of course with the mayors agreement to really figure out how to allocate the available resources . Especially from the central soma plan, which is going to, in fact, generate hundreds of millions of dollars of resources over the long haul. And of course before it gets to there, with regard to the central soma plan, the planning commission, too, musts give support and agreement. And so the staff is not necessarily in agreement with us, but at the moment but it is the commission and it is this board and our mayor who really shall make the decision how to allocate the resources. And we look forward to that conversation. Thank you. Thank you. Seeing no other members of the public, well close public testimony. And well let the words of deputy City Attorney givner stand as it relates to the intent as expressed in a number of wills, and finally why dont we add on page 3, on the last whereas, the gardens is projected to need approximately 50 million Capital Funding over the next 30 years for routine renovation of its buildings and facilities subject to validation by the San Francisco Real Estate Division. If those amendments and the amendments that ms. Venarasion brought are acceptable, supervisor breed well adopt those without objection and send the item to the full board with recommendation, and that concludes our oh, one piece of housekeeping, which is we need a motion to excuse supervisor yee. So moved. Moved by supervisor breed without objection, and we are adjourned [ gavel ] good morning. Welcome to city hall. You know on october 8 during fleet week there was an event that happened on our waterfront. A boat capsized. Some 30 people ended up falling into the water including children and adults and it could have beenit set the stage for a huge tragedy during a time at which so many people are our city were coming together to celebrate fleet week. When that event happened fortunately, people who have been trained in people who were good san franciscans or just people who are goodwill came together and responded. There were obviously called the were made immediately. Were voters who saw what happened. Some screamed at the top of their lungs that they needed help. Some of the nearby voters saw what happened and saw some people without lifesaving jackets werewere apparatus is through what they had into the water. Others who saw kids in the water jumped in rather than watched to save them. The Fire Department showed up immediately assessed what has happened the San Francisco Police Department particularly, the marine unit which ive had the pleasure of working with on the waterfront jumped in and paramedics came to the site. A couple of individuals were rescued from the water but could not breathe and so cpr was given immediately on the shores and paramedics immediately rushed those that perhaps were not indicating weight consciousness into our zuckerberg San Francisco General Hospital trauma center. There, life was saved when you look at this potential huge tragedy you wonder how as a city we kind of were lucky but its not luck. I will tell you its not luck. It is people who every day are sensing that something could happen and they were ready and this is what we have as a city often times talked about being a resilient city, a city thats ready and prepared that were so many people, not just the professionals, not just police and fire and Public Health and paramedics were actually trained to do this, but ordinary citizens who may have been there also had a sense. They were going to save lives and do with they could do. I, today, wanted to say thank you to each and every one that we could identify that is not working. I know fire chief feels the same way i do. Our police chief feels the same way we do. Our Health Director does as well as our department of emergency management. We are holier today to take a moment. I know in everybodys busy lives and i know you all want to get right back to work doing more of this because this is what you came to San Francisco to do but let us take a moment to say thank you to recognize that in these moments of extreme need i am so gratified to be part of a city that says we are going to put aside whatever it is, whatever challenge we have, died in to that operation and save lives. Save kids. Save families. I watched as this unfolded and i was aghast at how many people were in the water with film footage is that are repeated over and over again. But i think the film footage i want to see and continue to see is the operations of people who respond in a very very good way. No one lost their lives that day. That is hugely important when you have an event of this magnitude. Lives were saved, not only in the water, on the shore, on the way to the hospital, but in the hospital as well. Doctors, nurses, paramedics, firefighters, Police Officers, volunteers, and other boaters. Today i just want to say on behalf of the city and county of San Francisco it is my honor to join all of you in personally thank you for really you are sure it was him. I know its kind of maybe two dramatic to use that word but we do have a city of heroes, a city were prepared to be heroes because they want that label but because your objective is to save peoples lives and to make sure that we all get to enjoy much as we week, but to enjoy this city and the opportunities it provides. I, for one, and certainly everybody in my staff and all the people that serve it officially want to say, thank you and if i the opportunity i would like to at least takemake for personal pins as my staff and i and the chief and others helped me pin every single one of you. I hope that you received this with the requisite appreciation that i do as the mayor of this great city, but also that ive been around now for 30 years working in the workforce. So i am a brother to all of you. Because i know ive worked alongside people who are really really dedicated to this city. But i say personally, thank you to each and every one of you for the work that you do the demonstration you showed the patients, and the honor of preserving life in our city and i know that as these kids grow up and of course come i think they will remember it for the rest of their lives because they get to but theyll be very thankful for the kinds of things that we do for each other. With that, if i may have in him can prepare this and i can get help from our chief as well . [inaudible] by the way these are hearts of San Francisco. [ceremonial recognition] if you did not hear that i feel too mentioned was a boat out there that mr. Schulz stoltz owned called happy days and i just think thats probably best example of what occurred that date with everybody working as they did. So each of them will get pinned today with a certificate of honor and again on behalf of the city, thank you very much achieves, thank you for helping me do this and honoring the men and women and also the volunteers in her hospital as well. Thank you. He was thank you mayor day. Very proud to be a good hightech oh your comments. Every one of you stepped up that day and mayer lee thank you this did not event occurring 11 days ago for your office which is a very big book very busy office to recognize all these members such a rapid period of time speaks volumes and is free much appreciated by myself and achieve as well as all our members. So i will begin asking each one my members to come on up to receive the mayor certificate of honor garden with capt. John would go. [cermonial honoring] firefighter joe silva. [cermonial honoring] im going to have a commander that they chief odo assist with that painting of the members. Firefighter william boyle. [cermonial honoring] firefighter john tupa. [cermonial honoring] paramedic andrew kristofferson. [cermonial honoring] paramedic Michelle Seidel [cermonial honoring] paramedic rebecca law [cermonial honoring] firefighter mike horta. [cermonial honoring] firefighter matt adams. Matt is not here. Okay. And capt. Clyde christoph. [cermonial honoring] from the event are dormant thank you to mayor lee and thank you to the members behind me and all the members the work so diligently that they would all the partners. [applause] just real fast, this is a First Responder Worst Nightmare to look and see this many potential victims but all the folks stating the honey stepped up to the plate went immediately into action. Thats what we trained for things just like this. Our marine units have the obligation of obviously handing handling things in the water is why you see them out all the time to deal with issues just like this and i promised them i would also give a huge shout out to the kos guard who actually got 20 people out to safety. They wanted to make sure that they ignored the Us Coast Guard for their efforts and for what theyve done. This is a huge collaboration between as the mayor said earlier private citizens in the folks that put on a uniform to do this thing as a matter of course. Again i want to really liberate that these are heroes and these were a relic actions performed that day because this is definitely worstcase scenario. With that of the first presentation that will be to officer Nick Betancourt cured im sorry nick is not here. Sgt. Keith matthews. [cermonial honoring] next up, officer mike bushnell. [cermonial honoring] ofc. Braden todaro. [cermonial honoring] officer matt mckay. [cermonial honoring] is kaplan and i know its all about the teamwork and i was reminded by chief bodo south San Francisco Fire Department happen to be in the area because it was clear week so we were blessed in so many ways for Good Samaritans and our partners in neighboring jurisdictions in south b van fire was responsible for rescuing eight of those 30 in the water that day. So we would like to give them a shout out and acknowledgments as well. Thank you very much the last thing ill say this is a coincidence of the future and the future is collaboration between everybody. Law enforcement, fire, ems everyone and citizens. Weve all come together in this city has been one out of unity and it was demonstrated appropriately in this incident with the civilian helping fire, police, pulpy groundwater and save their lives. As the mayor said before theres a lot people that are low back on this 2030 years on the road and understand as are looking back because of the relic effort with the folks sitting behind me and again was round of applause for all them. Thank you. [applause] this concludes our program. Thank you so much for coming. Good morning and welcome to th