limited space -- supervisor wiener: the concern was the extremely limited place -- limited space in the plaza. i lived a few blocks away and them intimately familiar with that as a member of this community in addition to being the supervisor. harvey milk plaza, particularly that area around the benches, and jane warner plaza are small. there are narrow. jane warner plaza is narrow enough that when we have large community gatherings, castro community on patrol will stand in line to make sure no one is pushed into the market right of way. these are not spacious plazas, but there we have to let castro. it takes up a lot of space and has a real impact that even a baby stroller or bike does not have.

if someone is pulling a granny cart through, it will not have nearly the same impact as someone that has a fall on a shopping cart. supervisor mar: i want to say i'm against the stronger provisions of secondhand smoke but i have concerns about civil rights that may be impacted by this legislation and i appreciate you being responsive to the condo owners and business people in the area and they are critical for the neighborhood. there is an open door to dealing with the broader problems that have been brought up and i hope that moves forward, but i'm going to be voting against the ordinance.

you really work with everyone to address civil rights as this legislation is a troubling. supervisor wiener: i would dispute some of the factual assertions that the chair has accepted from some members of the public. first of all, this is not just about some condo owners who are complaining and so we are doing this. when you look at the support for this, it is quite broad and not just some merchants and condo owners. the units above the warner plaza are rent-controlled. for anyone who suggests this is

about the of 1%, that is completely specious. when you look at who is using the plaza, i suggest spending some time there. it is not the 1% hanging out there. these are regular folks who come to this neighborhood to enjoy themselves and are trying to enjoy public space. in terms of community meetings, i don't think a week goes by that i'm not in a community meeting in my district. the castro has allowed more community meetings than any other neighborhood i represent. it is an incredibly active neighborhood and i am in community meetings a lot and have spoken many times about this legislation.

i want to thank everyone who came out here today. even people who strongly, strongly disagree. i want to thank everyone for being here. just to address a couple of points -- it is duplicative of what is already in affect but it is a terrible and oppressive if you enact this. it's unclear what the objective is. i will repeat what i said at the beginning that this is not duplicative of already existing law. in some cases, this is -- like the smoking ban, the camping

ban is another provision. we also continue to hear references during public comment about harvey milk's megaphone and the plaza. hanging out in the plaza, sitting here, singing, gathering, protesting -- all out -- none of these things would be affected. this does not have a sit-why provision. it does not prohibit megaphones, singing, gathering or protesting. it does not prohibit it clequeer youth in the plaza. sometimes people use queer youth to oppose legislation that does

not affect queer youth. i have a long history of supporting youth in general. the perception about noise and not liking the kids on the street -- i defend lyric and asked the planning commission to allow lyric tuesday. as a member of the board of supervisors, i joined the budget process. one of my top priorities was restoring proposed cuts for lgbt youth and i fought hard for that. i have supported housing for transition-aged youths and had have -- and have had a meeting with the director and i was asked if i would be supportive of transition use in the castro. i said yes and bring us more

housing for youth. when it comes to queer youth, record speaks for itself. same with homeless services. i was very supportive of restoring almost $10 million in restored cuts. when tommy mecca had concerns about the homeless shelter that was being built, i worked with him and made sure some of the concerns he was raising were addressed. and i want to close by talking about harvey milk. i think it is really risky when people try to go back 30 years in time and talk about harvey milk would have bent against this or for this. i think with very few

exceptions, that is risking -- risky and speculative. one gentleman who mentioned mr. bilked -- mr. milk would not have been opposed to some of the things in this legislature -- he's a small business owner who understood a vibrant and clean public spaces. the pooper-scooper law that he is best known for, harvey milk was a civil rights advocate and justice advocate and was someone who understood the building blocks of the neighborhood. i don't know if harvey milk would have been for or against this. when people tried to commandeer the memory of harvey milk and use it to advance a political agenda in 2012, that to me is suspect. harvey milk belongs to our

entire community which is incredibly diverse in its political views. i think this is common-sense legislation and respectfully disagree with the chair and move we forward this to the board with a positive recommendation and further ask we adopt the amendment. supervisor mar: on be amendments without objection? supervisor chu: i can verify that supervisor winner was one of the toughest advocates and can't say that people are aware and i appreciate the passion people have come out with on this topic but i want to say i don't believe it comes from a place of hate or a place of discrimination. whenever your point of view on the legislation is, i do not think that is where this coming

from, and i just wanted to make that statement. supervisor mar: on the amendment, without objection, we -- can we have a roll call? >> on the motion to recommend as amended? [roll-call] mr. scher, we have two ayes and one no. >> please call item no. 2. ordinands amending the planning code to allow clinics [inaudible] supervisor mar: please exit the room quietly if you can. called item number two. it will be continued at the request of supervisor cohen.

if there are no questions, let me open this up for public comment. is there any member of the public would like to speak on item number two. seeing -- we have one speaker. >> first and foremost, you should have asked for this item. i would be the only person -- [unintelligible] having said that, the supervisor who initiated this agenda item did not have one single meeting about this issue. this is a very complicated and

convoluted issue. it affects over 28 blocks. this is much like redevelopment. people are trying to rush it and we have processes in the bay view and there has not been one single meeting. when you announced before this other hearing was held, you gave no reason -- i did not hear a valid reason. so i got all but information and i see there are over 20 issues that have not been discussed and the community. this is very convoluted. in an industrial area where we have had a lot of meetings. we tried to reason it to

accommodate child care and other medical services. i know this matter is going to be continued, and that maybe so. but i decided to come here to ask the supervisor if she lives in district 10. under the freedom of information act, i pose this question and i got an answer from the director and found out the last place where she lived is in foreclosure. i have forwarded this information to all of you. we need to know whether she lives in district 10. supervisor wiener: point of order. these are personal attacks on a member of this committee and are not germane to this item or the motion continuance. i request the chair signal this is out of order. supervisor mar: no more comments

directed toward malia cohen's residents. >> mr. chair, i say if the representative -- this process has been going on for six months. if their representative has not answered because i directed it directly to her, then it affects all legislation. supervisor mar: thank you very much. we appreciate the comments. i asked you to wrap up. it thank you very much. >> i am asking you -- supervisor mar: your comments are done in your time is up. thank you for commenting. this item has been continued, so we will continue it until january 30.

if there are no other comments from the public, public comments is closed and we will continue this to the january 30 meeting. meeting adjourned. thank you, everyone. "i pledge allegiance to the flag of the united states of america, and to the republic for which it stands, one nation under god, indivisible, with liberty and justice for all."

>> please direct your attention to the roll call of commissioners. president mazzucco, president. vice-president marshall, president. commissioner de jesus, president. commissioner hammer, present. commissioner slaughter, president. commissioner sherman, president. -- terman, present. we have the chief of police and sam ramirez. president mazzucco: welcome to the police

commission meeting. could you please call line item #1. >> the consent calendar. police commission report, disciplinary actions, fourth quarter, 2011. the fourth quarter status report on general orders and policy proposals. >> thank you. you have this in your packet. a review of the quarterly reports. any questions or recommendations or additions? >> i noticed in the occ's report, i asked the department before, i went to make sure we had the updated status. what do you think can be done in the next few months? >> good evening. concerning tuck priorities for agency i would say number one, we have been working with the department for two years on the

pursuit policy and pursuits are one of the most dangerous aspect of law enforcement. because of the high rate of accidents. we have been working with the department. our hope is we would finish that dgo. other priorities would be after the december 7 commission hearing that you held on language? as we made recommendations to address the concerns that were brought forward during that hearing. my hope is we would be able to tailor some training and department bulletins to address the issues from that hearing. the third priority is the juvenile protocol we have been working with. we have done a lot of great things but there is to make -- remaining aspects. two balls are being brought to the district stations and we need to resolve that issue. we have been talking with the department and other experts about how to do training that addresses and is tailored to juvenile and we hope we can come to resolution and be able to

provide that training to patrol officers. we made a recommendation to amend 5.01. the use of protocol that addresses situations when there is complaints of pain and other law-enforcement agencies, use of forced protocol. a simple fix to change that. >> thank you. i wondered if the chief had a response in terms of what can be done in the next couple of months. >> as far as the juvenile training, we met with a delmon who has and in service -- a gentleman who has and in service. i can provide bocc -- occ with literature. president mazzucco: is there

public comment? regarding these matters. >> i came here to speak in general. i hope the chief can look into a situation of overreacting police officers specially in the african-american community. i'm up here speaking because i am the exterior czar. this department should adhere to the recommendations. we're going to have a meeting friday at the northern station. given by our supervisor and she has her finger on the pulse. she is jumping in and doing a wonderful job of outrage in our

community. she will be at the northern station to talk about these issues that we're talking about here. dealing with the police department. i will invite the chief to come and all department heads. there is a need to basically train some of your police. especially the mayor's security force. you may not know it, i have been here 20 years, i go back with frank jordan. i was in his campaign. they used to call me ace. i was criticized by my community for jumping ahead with jack davis and i am being is respected by these rookie hot dogs. and -- the individual that did the damage, they are here at

city hall. i have evidence on my camera to show they deliberately held me back and twisted my fingers and all the tactics they have been doing, held me back -- [unintelligible] this hot dog that is on ed lee's security force not knowing why am. when they finally arrested me and took me downstairs i said do you know who i am? i see you at hunters point. if you got kicked out of sam jordan. what are you talking about? i used to do security. i used to work with frank jordan and i was here with many administrations and they have these hot dog cops who are supposed to be securing that. that is unacceptable. the thing about it is i told the chief i would love you to come to this thing. and the security details, the president know.

i have been arrested, they are charging me with resisting arrest. i have been through this, i have 15 seconds left. that got falsely arrested me under false pretenses and that will not be accepted. my name is case and i am on this doggone case. i will respect -- and i will continue. president mazzucco: any further public comment? hearing none public comment is closed. >> there was one of the dgo's, , it was included that indicated there was a caldaring -- calendaring for the commission.

is that something your request to put on our agenda or is that something -- that is what i was trying to find out. >> i noticed that, too. >> 5.1 -- 5.17. i had it highlighted the last week and i cannot seem to find a this week. i thought that when that does happen, when there is a notation that it is awaiting for the commission calendar, is that something the commission needs to sit -- fit into its calendar? do you make a formal request for us to put on the calendar? i do not want the item falling through the cracks. >> commissioner kingsley, we have traditionally included that

on the list for the commission to take out. we have not specifically put something on your calendar. >> to sit here and place it on our calendar? >> i am -- that is a dgo, we have met and conferred so it is waiting to come before you. president mazzucco: do i have a motion to except the items in the consent calendar? all in favor? so moved, passed. please call line item 2. general public comment. >> the public is welcome to address the commission regarding items that do not appear on tonight's agenda.

>> good afternoon. thank you for letting me speak here today very briefly. i have always looked at the police department in terms of even the occupy u.s.a. we have 99% good police and 1% bad police. before i get into that briefly, i would like to bring forward to you which i believe is an outstanding interview at city college by the chief of police. i brought you seven copies. i think it lays forward a plan that the chief sticks to it, the city and county of san francisco will be very happy. my concern is that i feel as of now, the occ should be separated

from the police commission. when i filed a complaint, i will follow it p5 -- file it before the board of supervisors. the action is that it is part of the problem. -- the occ is part of the problem. we have 150 bad officers. any officer that assault somebody in custody should no longer be a police officer under any conditions whatsoever. when i find that out or the public learns that, unless occ turns over the list of police officers that have multiple complaints against them, i read today in the paper about the ongoing federal investigation and i believe it is connecticut, of beating up, harassing

citizens while they are handcuffed and assaulted them and that is what happened to me. i think this is unconscionable. it should not take place in any police department in the united states but it does take place. i do not believe we need a federal investigation here but we need a separation of powers between the occ and the police commission and the police department and a separation of the police officers' union which supports bad officers. one of the baathist officers -- baddest is the president of the union that owes the city and county $700,000 in back pay and wages. for being on the union payroll while he is paid as an officer. next week in front of the board of supervisors i will follow my

complaint and -- filed a complaint and give your copies. president mazzucco: any further public comment regarding matters not on the agenda? >> my name is ace. ♪ my name is ace and i am on this case ♪ ♪ it is no mystery, just check your history ♪ ♪ i am working on some cases i got lined up, a conspiracy ♪ this is not know overnight thing. i have been working on several cases that are involved with a lot of conspiracy so i will get a lot criticism and people not knowing -- liking what i do. i have been here over 20 something years serving my committee