they could be biased. or not. but you have every person that sell cigarettes say -- this can kill you -- let's say the to get lung cancer. is that 7/11 owner going to be liable for it? we are. we will have to sit there and train employees, train the representatives. it is a big burden. it could be easy, but the bottom line is that at the end of the day, hopefully the customer understands the pipeline. we explained how the post works. i cannot even tell you how you get signal. you know what i mean? we sell a product and i do not feel that we have to explain

every single detail. supervisor avalos: thank you. >> ♪ city hall helped me make this call see this cellphone i have is faded and dangerous and if you could buy would thank you for your time thank you and you can keep the dime is that not the way the item goes let's forget about all of the dangers and if you can help me to make this city hall called destruction is dangerous and i will thank you city hall for

your time and you have been so much more than kind. ♪ supervisor avalos>> good mornin. that is a tough follow-up. my name is sammy [unintelligible] and i work for a company where we have 15 verizon wireless stores around the bay area, including one in san francisco. i would urge you to vote on this ordinance. it will become a burden on our business telling you what you need to do. if we had to do that for every single product, it would get to the point of being ridiculous.

as everyone knows, the economy right now it is not the easiest environment. baste with hiring people, we really want to run a successful business here in san francisco. having all of these potential fines, all of these needs for material in the post, it can cause a strain in the business. we want to remain here in the city. thank you for your time. supervisor avalos: thank you very much. you already spoke. you cannot speak again. >> i would like to make a correction. supervisor avalos: sari. next speaker, please. >> i worked at an independent cell phones store. i grew up in san francisco.

born and raised. i believe that the ordinance, it would not make it harder for us to do business. we have only one location left. we used to have three. we have competition from all sorts of places. we try to keep our business in the city. when people come in, they see signs allover saying that our product may lead to cancer, this kind of stuff, it makes it really hard for us. if there was harm that would be done, this ordinance would be in place all over the united states. supervisor avalos: thank you. if there are no other members of

the public, we will close public comment. i would like to call the director backup. just a few things the responsibility on the merchant selling cell phones, is that correct? >> correct. and back to the department of the environment is responsible for that most of the coach. it's simply -- it simply says that cell phone exposure, as

stated by a number of studies and there is metalwork to -- under in the is there any consolation how that might protect themselves? >> one speaker spoke about her manual. it is true, and consumers have to be at and from asia collects

for me of the good to know our profit. it unknown and -- i will protect myself. using handsfree devices, even when making phone calls, as i fear what more i have actually wanted to find a way is where i could be rescued -- i wanted to protect myself and we provided that information to consumers. we are simply providing information. that is what is important to know and what was that about?

and at the state level? and similar to this piece of the deflation the notice can be placed at a physical retail the location weathers said. as though thank you for considering them. >> and they-they referred to

having it all. is that right? >> exactly. in the 2010 legislation the researchers would have been required to find this for each so -- for each phone and it has in great know of redemption and consumers and a was think that

the move by an retailers -- of the smaller churches this saying that they're more interested in the bells and whistles on the phone. just having a basic negotiator that will harm the buying of that technology will create better awareness in the public. i find it to be an important public health measure. but i am sensitive to the small business. >> will the legislation and you

will get spoiled for this. we will make it easier with this information. this information will be displayed so, i am actually doing as a favor, as it is much easier to work with my decision i had the last piece -- work.

>> i found it odd that the department was inserting a scientific method and had not been fully vetted. clearly that is one of the reasons we are here today. what we have now it is significantly watered down from last year. my question to the retailers association, i do not think that there is much of a burden on this at all with a poster that minute -- melanie developed, i was concerned over points regarding accuracy. it is as if there are a disputed and in terms of the balances, it is at least worth a shot. supervisor avalos: thank you.

we would like to motion to forward this to the full board with recommendation. i have a very technical amendment that will not be substantive. the first makes reference to collecting references from different sections. those statements will be in posters. very minor adjustments to the legislation. taken without objection. ok. moving forward? without objection. thank you note of -- thank you. legislation adjourned.

>> taking roll call of the commissioners. commission president thomas mazzucco. >> present. >> commission vice president dr. joe marshall. >> en route. >> he's en route. >> commissioner petra dejesus. >> present. >> commissioner angela chance? >> present. >> commissioner carol kingsley? >> present. >> commissioner james slaughter. >> here. >> commissioner julius terman. >> here. >> you have a quorum and joyce hicks at the o.c.c. and commander tim tomioka. >> thank you very much. ladies and gentlemen, welcome to the wednesday, july 6 san francisco police commission meeting. ened we'll have commander tomiaoka sit with us until the chief arrives. dr. marshall is en route.

tonight's calendar, we have a lot of closed session matters we'll be dealing with in closed session at the close of the calendar. they're disciplinary matters. so we'll start with what we need to do at the beginning which is line item number 1 >> the approval of minutes, an action item for the following meetings, june 1, 8, 15th, and 22nd of 2011. >> thank you, lieutenant. commissioners, you have those minutes in your packet with the caveat we had a discussion regarding the fact these commission meetings are recorded and the best record of these meetings will be the recorded version as opposed to the minutes that we have 250eu7ed -- typed. but there are any changes? commissioner chance [ >> i have a minor one. the spelling for, june 22, 2011, the first page, just -- i'm familiar with michael. it's michael gause, he's at the

mental health association and spoke on behalf of the crisis intervention training work and sistil connor is a sponsor for dore clinic. >> commissioners, any other changes you'd like to make? hearing none, public comment reguarding the minutes? any comment regarding the minutes? hearing none? do i have a motion to accept the minutes. >> i move to accept the minutes. >> in favor. >> all in favor? >> aye. >> thank you very much. let's move on to line item number two. >> item number two is general public comment. the public is now welcome to address the commission with items that don't appear on tonight's agenda but are within the subject matter jurisdiction before the speaker shall address the remarks to the commission as a whole and not the individual commissioners or o.c.c. personnel. under rules of order, during comment, personnel or commissioner are not likely to respond but may provide a brief response. police and o.c.c. personnel

should refrain from entering into debate or discussion with speakers during public comment. please limit your comments to three minutes. >> thank you very much, lieutenant. any general public comment? good evening. i haven't seen you for a while. >> i know. fortunately i'm down here tonight because i would rather discuss this matter with the captain and the chief but july 4, in the evening, i got but one hour of sleep because the fire cracker was obnoxious. i called the police, dispatch 152 informed me that the police captain, night captain was not responding to those complaints this evening. that i find unacceptable because it was my understanding illegal fireworks are illegal. they were putting on a show better than the one at christy field.

i didn't want my house to catch on fire and had to hose it down because ashes were falling on top of my home. and i expect the police chief and the captains to work with me. and when they get chewed out over this matter i don't want them to call the mental health office on me like captain chief stanford, when he was my problem but now is in richmond. i hope i made myself quite clear. thank you. >> thank you. next speaker. >> members of the economies police commission, my name is rick arkstricker. since we passed the july 4 weekend, one thing in doing the pledge of allegiance, what goes through your mind when you look at the flag and put your hand on your heart and pledge of allegiance and do the things in

that pledge? because i've come here before you and seen and had myself and seen other people being told there were certain things they were not allowed to talk about when that flag up there and that flag up there both guarantee we have the right to do so. and with six of seven out of you being attorneys, how you can let someone actually sit there and tell some member of the public you're not allowed to talk about that or you can't talk about our policies, you can only talk about actual substantial items in the chief's report or whatever it happens to be is beyond my belief. now, i took to the sunshine ordinance task force and got a unanimous decision saying you violated my rights when you said i couldn't question you going into closed session. if i feel you're doing something which is affecting the public in a negative light or denying them the right to come to you and talk to you about things which they feel you need to hear, then i have

the right to do that. in fact, i have a responsibility to do that. when i joined the united states navy, i took an oath. i swore to protect and defend the constitution of the united states against all enemies, foreign and domestic. to bear true faith and allegiance to the same, so help me god. there were some other things in there about observing the uniform code of military justice and obeying the order of the office appointed over me but that was an oath on the day i took it, i realized i would never be able to put down. now, i know some probably think i'm trying to be a pain in the butt and i'm not. i do not think any citizen of this city should have to come before any board or commission and fight with them for the right to speak to them. including matters about which you don't want them to speak because you don't want it heard and you don't want it considered. the fact i would have to take you through that process to make something which is so

patently obvious a matter of public record i think is an embarrassment in itself. and your process 6 rearranging the agenda when you look out and don't know what it is you see, too many people who want to talk and you say this would be more convenient if we just rearrange the agenda and go into closed session and the time we come back they'll all be gone. but i tell you one thing, if you want to see some interesting things, watch yourself as you come back from that closed session when the members of the public are all gone, you say some really, really interesting things because you think nobody's listening. >> next speaker. clyde? >> good evening. missed you all last week. missed you at park station, too, in that shooting. i heard the chief did another great job explaining the officer-related shooting. a friend of mine was there. i'm bringing up a topic, i was told this afternoon, i heard it, some of our on-duty

officers are harassing people collecting signatures for the adache petition. it was reported in the news and i went out and verified it and talked to two people and i said are officers bothering you, are they in uniform? he said, clyde, two of them did it to me today. i think we really need to look at that issue. if they're on duty, they have a right to express their opinion off duty but when they're on the clock that's kind of a little over the top. thank you. >> thank you. next speaker. >> good evening, commissioners, my name is daniel hertado from the benefit district. we're a nonprofit community based organization that provides services and programs to improve the safety, cleanliness and quality of life in the central market area. pedestrian safety has always been and continues to be a priority of the central market community benefit district. it is one of the reasons why

our organization contracts with the san francisco redevelopment agency to administer the sixth street community guides program on sixth street. the community guides provide much needed social service outreach along the sixth street corridor as service eyes and ears for the community. we also work closely with our community partners, resident and merchant community and problem solving and working together to create a safe and vibrant neighborhood and improve the quality of life in this district. the san francisco police department and the mayor's office of work force development and other city's departments and agencies recognize making merchants and residents safe is a central issue to help revitalize central market and the sixth street area. there have been numerous community meetings addressing the issue of pedestrian safety and the recent large turnout at supervisor jane kim's community meeting shows the depths of people's concerns as well as their willingness to come together to make the neighborhood safer.

the multiple shootings in central market are a big setback for the community and has us all deeply concerned but even more determined to assess the city and our community neighbors in making the central market area safer for everyone. i'm here to thank you and the police department and the captains for their ongoing commitment to making central market safer and can't thank you enough for the recent police presence along sixth street for the mobile command unit and for your response to the recent violence in this neighborhood. i'm here to urge you to continue to support efforts to make the area safer from drug using and shootings and other forms of crime which have crippled this community. i also urge you to move forward with the police substation on sixth street. its existence would allow for more effective deployment strategy for area hot spots in this neighborhood. the added benefit of police presence would be an increased feeling of security for the

neighborhood residents, merchants, workers and visitors in this area. thank you. >> thank you very much. next speaker. >> good evening, commissioners, my name is maria costinara and am here to speak on my behalf and don't have an attorney to represent me here today. there's a lot of issues i want to address to you. unfortunately, my problem is with housing but on the memorial weekend, i called 911 and i called because i thought i could get assistance from the san francisco police department and so i did make a phone call and two officers came and one of them went to speak with the landlord gervin and the other went to speak with a man who was actually being verbally abusing me and also on that day

he threatened me, i'm going to kill you or my uncle is going to kill you. so with that in mind is why i called the san francisco police department so they can get a report. but since without no report i don't even have a way of taking this to court. until this point, that day i flee my house, commissioners, and i been living in another situation -- well, whatever the situation is. but my point is that i didn't get assistance from the san francisco police department that day. and this goes back in the year 2000 when i used to make complaints about domestic violence from my ex-partner. i remember very clear i went to san francisco police department on 17th street on valencia and i was complaining about my perpetuator, my ex-domestic partner so i was making a

complaint about the domestic violence. one of the officers told me, maybe you got beat up because you deserve it. if san francisco police officer inside the station told me that. can you believe it? of course not. but that happened. and i was given the report to one of the -- it was an asian police officer, i remember. so when he told me that, of course i left without giving me the report because i said, this coming from a san francisco police officer so why am i standing here? so i left. then they went to my house where i used to live and took the report from the perpetuator. then instead of him being the suspect, i was the suspect. because he was lying, of course, a man who was being violating you in domestic violence for many, many years, of course he wants to defend himself. so this is been a nonstop police misconduct forny