Committee approves limited behest-payment waiver to solicit private funds for Embarcadero Plaza and Sue Bierman Park

The Government Audit and Oversight Committee of the San Francisco Board of Supervisors on March 6 voted to approve an amended resolution authorizing specified mayoral and Recreation and Park Department staff to solicit private donations for a proposed $27 million to $32 million renovation of Embarcadero Plaza and Sue Bierman Park, and forwarded the item to the full Board of Supervisors with a positive recommendation.

The amendment, introduced by Vice Chair Sauter, narrows the waiver’s scope to named positions in the Recreation and Park Department and the mayor’s office and requires the department or office to submit reports to the Board within 60 days after the six-month waiver expires. The committee recorded three ayes on both the amendment and the final motion to send the amended legislation to the full board.

The resolution asks the Board to waive the city’s behest-payment ordinance for six months so the mayor’s office and specified Rec and Park staff may assist private fundraising for a public–private partnership to renovate the two waterfront parks. "This project is critical to the city's recovery," Lisa Branson, director of partnerships at the Recreation and Park Department, said in the committee meeting. "We need to take advantage of the widespread desire in the private sector to support the city's recovery. So I hope you will support granting this waiver."

Branson told the committee that the department considers the plaza infrastructure to be in disrepair: brick paving is at the end of its useful life and the Valancourt Fountain alone would cost an estimated $10,000,000 to update and repair. The department’s preliminary budget presented to the committee shows a total project cost of about $27,000,000 to $32,000,000, with approximately $15,000,000 to $20,000,000 expected from public funding and roughly $10,000,000 expected to come from private fundraising. Branson said funds will be needed "in the next 18 months or so" to meet the proposed schedule.

Vice Chair Sauter read the amendments into the record. The amendment specifies the individuals authorized under the waiver as: the general manager of the Recreation and Park Department, the director and staff of the Recreation and Park Department's partnership division, the mayor, and specified mayor’s office staff including the chief of staff, chief of infrastructure, assistant chief of infrastructure, chief of housing and economic development, director of public affairs and a policy advisor. It also adds accountability and transparency language requiring post-waiver reporting to the Board.

Public commenters at the committee meeting voiced support for the public–private approach. "We are the fiscal sponsor that is in the MOU," Robbie Silver, who identified himself as president and CEO of the downtown ESSA partnership, said, describing the group’s intended role in the fundraising plan. "It's really gonna take a village, to do this fundraising. We alone cannot do it ourselves." Bernadette Kim, who identified herself as a resident and Gateway Tenant Association external committee member, told the committee she supported a public–private approach "with appropriate audit, oversight, and quality of resident life safeguards near the park."

After discussion the committee approved the amendment and then voted to send the amended resolution to the full Board of Supervisors with a positive recommendation. The clerk announced three ayes on each motion and declared the motions passed.

Votes at a glance - Amendment to specify authorized individuals and add reporting requirement: passed, 3–0 (Chair Jackie Fielder — aye; Vice Chair Sauter — aye; Supervisor Cheryl — aye). - Motion to forward the amended item to the full Board with a positive recommendation: passed, 3–0 (Chair Jackie Fielder — aye; Vice Chair Sauter — aye; Supervisor Cheryl — aye).

Also on the agenda - Item 2, listed as an ordinance approving settlement of a lawsuit against the city, was considered in closed session, voted to be forwarded to the full Board with a positive recommendation, and the committee voted not to disclose closed-session deliberations. The clerk announced the motion passed with three ayes.

What happens next The clerk said items acted on at the committee are expected to appear on the Board of Supervisors agenda of March 18, 2025, unless otherwise stated. If the Board approves the waiver and related accept-and-expend items, the mayor’s office and the named Rec and Park staff would be authorized to solicit private donations for the project for the six-month window and must file the post-waiver reports specified by the committee.