findings to the good job in noting that it would generate interest in the sport of sailing. the problem is neither the court nor the city can meet the current interest that we have in san francisco. we are already one of the world's capitals for sailing. that is well known. there are no public boatyard facilities for sailing this side of the bay bridge. there is no public hoist to put your boat into the water. the wait for a berth at the two city parade is is 10 years. there is tons of demand for facilities. -- birth at the two city merinos is 10 years. the facilities for small boating in san francisco are rapidly being eliminated. the ongoing renovation you are familiar with at the san francisco marina will eliminate nearly all the facilities for small boats.

all of the 20 foot slips are being eliminated and 200 of the 216 25 foot slips are being eliminated. they're being converted to slips for large boats, 40-foot boats and 50-foot boat. against this context, seeing the vision in the final ier be dedicated to super yachts and a boat that run from 25 feet to 50 feet seems like too small of the provision. we have to find a way that there's a place for recreational boating, particularly small boating. it's not going to be easy and i appreciate the port staff already beginning to have this conversation, but unless we have the support of you and other leaders in the city, this part of the public trust and it's not going to happen. i look forward to talking with you about it down the road. i have letters here that sale of this in writing. >> is there any other public

comment? commissioners, questions? >> the $2 million we expect to be reimbursed, that is supposed to come through the organizing committee? if they do not raise the entire amount they're supposed to, is there some proportional payback? is there a letter of how that money is going to be repaid to various city agencies? >> the payment in lieu of rent is a mandate. it's the first call on fund raising. the eir is referenced as an early call on fund raising. beyond that, there is nothing formal.

we have all submitted our budgets. the ports budget submission is part of the submission and i would suspect that the operating costs associated with the event, police, the mta, the general fund department, that is one reason why we thought it was prudent to put in an america's cup budget allocation. >> any other questions or comments from the commission? >> thank you for a very cogent presentation. showing us what has evolved. >> thank you. there was a slide -- in determining the lost opportunity

cost for the four -- for the port that was provided -- on the net present value -- >> the present value of the rent streams we would turn on those assets, the event authority by what we are reimbursing mumbai use of the assets is discounted by a 11%. that's a difference in methodology. baer investment earns 11% interest. >> i have a question to clarify. is it because budget and less use an estimate that we are now

at 88 million and we would not -- i hear that correctly? >> that represents the estimate. the budget analyst recommends we reimburse them based on an estimate rather than actual. the actual cost may be higher or lower. one benefit to move to an estimate model is of helps us -- >> this is now on a fixed level for us. even know it's not based on actuals to move up and down. >> the payment options are fixed.

what that cost is from estimate to cost to reimbursement, that is an area where at the $88 million estimate, we may say we would want to exercise a buyout option to maintain pier 29, but if those costs raise in that 10- year window or the actual costs is much higher than the estimate, we would not want to consider that option. >> i think at one time, many versions ago, we were concerned this was an unlimited amount that was actually more dangerous for us than the other side. >> that is right. with great thanks to our port executive director, the steering

committee, and the mayor's office, they agreed to limit the sources of repayment. it's a major benefit to us that it is in that the proposal. >> there is an important new ones as well. i love this slide. we did this 15 months ago and we were really close. but what this shows to me, on the side of 88.5 estimate of cost they're getting close to finding the maximum price guaranteed contracts. wait reputable builders getting to that point, that brackets the risks. the reality is it's not going to come much closer. it only gets higher if there is

a change of scope and new conditions that were unknown and unknowable when the authority did their due diligence. if anything, back cost is only going to go up. that is almost all their risk, even under the current deal. while the budget analyst recommendations reflect best packages -- best practices, i'm not sure there is a dramatic difference other than planning purpose and understanding whether it makes sense or not. >> the passage of time helps to clarify more. any other questions? we will have to wait for the next steps that come at the finance committee. we look forward to hearing what

the next steps are thank you. >> i am 11, new business from the commission? >> how about some old business? water taxis? water taxis will be on the full word calendar. as we look at february 28 and march 13, it will be all little after that. we will do that. >> anything else, commissioners for new business? we have public comment. we have one person.

>> thank you. >> the clock is over here to the left. the time has started. >> can you give me 10 extra seconds? i'm with a neighbor's organization down the street and i wanted to give you an update on the epic restaurant expansion. not only is there a concern about that expansion, but the expansion of many of the restaurants along the embarcadero that i understand most of a month to add these tacky metal and plastic

extensions that seem one grade above a sears storage unit. i don't know where people got the idea that those tacky little buildings are ok, but if i can respectfully remind you folks you have obligations to maintain the fairly formal and the elegant architecture on the embarcadero and these tacky prominent restaurant extensions are not ok. i pointed out at your last meeting of the ports of known deviations for the income park restaurant created a lose/lose /lose situation. the developer was allowed to violate the restrictions by building a second restaurant, exceed the square footage by over 50% and adding a second

stories and exceeding the height limit. the epic restaurant is completely outside the area shown on the map in the rflp -- in the. the owner is crying he needs more room and if you stuck to your guns, there would be more than enough room. to build the current addition which i have a schematic of, the port staff told the operator he would have to go to the south beach for approval. they shot it down. keep in mind this is a very conservative, pro development. i know because i served on it for two years and they usually rubber-stamp everything but they

said this project is too much. so they started calling this addition a canopy. they were doing that because the restaurant was allowed to have a canopy. but this is not a canopy. i have seen the formal definition of canopy and that is one of those awning type things that stick out from a buildings doorway over the sidewalk. they then went back with another plan and they shot down the project a second time. they stated it very clearly that the plastic siding being proposed is not acceptable, so the project never died. the port should be telling the operator that this is not a canopy. the community has spoken. your restaurant complex's 50% over size. you designed the restaurants the

way you wanted them and you need to live with what you designed. we do not want tacky metal and plastic and we do not want them lining the embarcadero. thank you. >> any further public comment? >> do i have a motion for adjournment? second. >> all in favor? happy valentine's day.

"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 without one dime or salary or staff member. i respect all of you officers to do your job but doggone it, i demand respect. if you have these hot dog cops that do not know me, come and ask why am. my name is a.c. and i am working on a case and i do not need to be interfered with if i am not breaking the laws. i have seen a lot of laws that has been broken. my direction is to the chief of police, inviting him to the northern station this friday night, we will talk about the redevelopment agency and we will be talking about the redistricting task force, the african-american migration