tv [untitled] April 30, 2012 4:30pm-5:00pm PDT
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individually, resulted from experiencing some challenges for folks when you relax and try to roll back to create new historic district. not that this would happen in san francisco, but it could happen anywhere. you could have folks a historic preservation drives up costs. it gentrifies. it makes homes more valuable based on architectural aesthetics. to remove the community preservation into part of the equation, we said we want more historic districts, but we also want to see homeowners who do not want to reside in a historic district or do not feel they can bear the cost of renovation, that they do not have to live in a historic district. as supervisor wiener said, there are a few of us who proposed a
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mandatory opt-out historic districts. somebody could say, "i do not want to live in the district." in the 15th hearing or so, we said, "what about a binding vote?" it is a great benefit to live in a historic district, but it is also a potential economic burden. add in language issues and the potential to have gentrifying forces, and it becomes a situation to be avoided. that is what we would like to see safeguards in place. supervisor olague: thank you. i want to thank you and ms. jackson for all your work in holding us accountable. at the end of the day, i think this is a reasonable piece of legislation. i know i have seen it go through
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a lot of different changes. i have watched the hpc hearing. i have read it. i have sat in on a couple of hearings at planning, and even was included in some of the conversations that took place at spur at one time around these issues. at the end of the day, this is a pretty balanced approach to how we are going to apply proposition j. even when it comes to the issue of requiring review of historic districts and conservation districts, the planning commission required review, i think, is a reasonable one. the idea of reflecting on the regional housing needs allocation is a move that i think we are requesting planning look at the arena and goals as
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it relates to many projects the city is reviewing. i do not think the claims we are seeing that this is disparate treatment are accurate. i think this sets a decent tone, and i fully support it. i want to assure members of the public, as has been made before, it is pretty dance language. -- dense language. we have read it. we do understand what we are proposing. claims have been made in the past that there are certain implications we have not studied or read the legislation before. we are supporting it fully, with our eyes wide open. i just want to assure the public that we have in fact studied
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this. i think we have reached a reasonable place with it. chairperson mar: i want to thank supervisors wiener and olague for your hard work on this, but also the planning staff and everyone who has testified. i also appreciate the different compromises and work you have built in to listen to the various advocates from neighborhoods that have been critical about the legislation. this has been a long process with many hearings. i wish we had more time to talk through some of these issues. i know you disagree that that would be fruitful. i would urge my colleagues to think about continuing to listen and negotiate with the main proponents of proposition j. it troubles me that the main proponents of preserving historic preservation in our city are not in support, it seems, of the legislation.
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i want to thank the supervisors for supporting everything from equity and how we look at development, but also promoting of affordable housing. it was wonderful here -- it was wonderful to hear the preservation from the mayor's office of housing about the pushing out of people with higher incomes, and adding the tenant voice into the process as well. i really appreciate that. it does feel like when the main proponents of proposition j r saying this is going to weaken the mandate of voters from proposition j, it does mean concern we are not taking in little more time to talk about that and negotiate. hearing from the public, i am very much torn by this vote. i want to be supportive of this, but i think there are enough
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voices that are arguing toward stronger preservation policies. i will support the amendments, but i will vote no at the committee level on this issue. if i see progress with more negotiation with community advocates, i could support it, but at this meeting will be voting no, but supporting the amendments. supervisor wiener: the court advises me that i actually need to read the recommendations. they are relatively brief. the first is 1004.3 starting at page 14, line 20. it will read, "the department goal shall be to obtain the certification of the least half of all property owners and half of all occupants in the proposed district. property owner and occupant of votes shall be tallied separately and combined, and
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shall be considered by the board of supervisors." in section 1107, item 6, subsection e, "with the goal of obtaining the participation of the least half of all property owners and half of all occupants in the area. property owner and occupant votes, tallied separately and combined, shall be considered by the board of supervisors when taking action on the proposed boundary change." the portions that are added are in bold or underlined. chairperson mar: these are not substantive amendments and could be adopted today? >> that is correct.
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supervisor olague: i forgot to thank the planning department's staff. also, hpc, planning commission. i wanted to especially thank them for all their hard work. let us take the amendments. can we adopt the amendments without objection? could we have a roll call on items 5 and 6 fax >> on the map -- 5 and 6 fax 00 5 and 6? supervisor cohen: aye. chairperson mar: no. >> we have who ay -- two ayes and one no. chairperson mar: with no other business, the meeting is adjourned. thank you.
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>> ladies and gentlemen, the chairs called the meeting to order. please turn off your cell phones, so as not to interfere with the electronic equipment. may we please rise for the pledge of allegiance? 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. >> [roll call]
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you have a quorum, mr. president. also with us here tonight is the chief of police and the director of the office of citizen complaints. >> thank you very much, inspector monroe. i may turn over the microphone to dr. marshall if i lose my voice, but welcome to the wednesday, april 21, 2012, san francisco police commission meeting. this is our last wednesday of the month, so we are out in the community. we actually promised this -- i spoke at the pine lake neighborhood association. as when we were coming back out. i said within our next two
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meetings. we are here. we like to go out to the community, hear from you about what is going on in your community. we can hear from you where you feel more comfortable. we like to tell you when we go out to the community about our day jobs. >> good evening. thank you for coming out tonight. my name is angela chan, and i have been with the police commission for the last two years or so. my day job as i manage our criminal justice reform program. i am happy to be here tonight because this is our first time in the district since i have been on the commission and actually a resident of. i live over in 16th and irving, so like walking around the neighborhood, having meals, and enjoying my time in the sunset.
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you're so excited to learn about your concerns and questions. >> good evening. dr. joe marshall, then on the commission forever. when i was an employee of the school district, i ran a few summer schools out of here. if i get up and run, it is only because i have not scratch that. great to be here. thank you. >> i have been on the commission now four years and six months. i had just been nominated for another term by a mayor lee, so i'm honored by that. it is great to come out here and be in the neighborhood. i spent a lot of time out here for four years. >> good evening. thank you for being here.
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thank you for hosting us. i have been living in san francisco, working in san francisco for over 30 years. i raised my son here, and my day job is as a mediator. i immediate business contract disputes. another part time passion, in addition to working with the san francisco police commission, is working with a non-profit organization legal community against violence, which works to reduce gun violence in our communities and throughout the country. again, it is a pleasure to be here, and thank you for coming out. >> by the way, my day job is i'm a lawyer. prior to that, for 19 years, i was both a federal and state prosecutor. without further ado, please call line item 1, the consent calendar.
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>> line item 1, consent calendar. receive and file action, request from the chief of police to accept a donation of $300 from the police officers association for use by the sfpd. >> commissioners, you have this document in your packet. is there any objection to the police officers association donating to our wilderness program? >> i just want to move that we accept it. they do a lot of great charity work. >> [inaudible] >> great, and thank you very much for doing this. do we have a public comment? seeing none, do we have a motion? >> i will move approval. >> second. >> all in favor? >> aye. >> thank you. please call line item two. >> chief's report, review of recent activities.
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>> commissioners, residents, neighbors -- i'm a resident myself. born and raised. went to st. brands. i went to school next door, been here my whole life. i apologize that i stopped by the house on my way here and left my tie. my report tonight is just the week in review. mission station is a spanish- language station we have been doing a monthly appearance on, just raising questions and issues of concern to the mission district. the wilderness program is continuing to coordinate day hikes. our pio's met with city-wide for
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community relations, and it was a good time. we were lucky that we gaap to the cherry blossom festival on sunday because it was about 200 degrees on saturday, and we were melting as it was, but it was well attended, lots of young people. it was fun. yesterday was -- there was an occupy demonstration at the wells fargo shareholder meeting. i think it was cooperative, but it was peaceful. there was destruction, but it was reasonable, and i think that the officers on the ground and the plan that was in place was a good one. there were arrests -- 24 in total -- but again, they were largely arranged and cooperative and went without incident. i will let captain lawrence speak to crime, particularly and specifically to the terrible
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district, but citywide, crime remains static -- to the teravel district. i know mayer brown is working with the board of supervisors to try to find glasses and is getting tremendous emerging from the commission and myself to get that done so we do not lose the ground game on the reduction in violence we have enjoyed the last few years. i know commissioner kingsley speaks to the reduction and priority of reducing gun violence. it is down 46%, so we have made tremendous in-roads, and although the homicide victim total is about the same, incidence of homicide are down 20%. the reason they are as high as they are is because sadly, we did suffer the housing street trenton where we lost by people at one residents in one day in one incident. that is it for my report.
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i will defer the rest of my time. unless there are any questions. >> i'm pretty sure we held the funeral today in western addition. as far as we know, no problems. >> it went without incident. we believe we know the reason, if you will, on why that particular crime took place. the young man from the west addition was in the bayview. although there are some gang implications, we do not believe it was motivated by a gang situation, that it was actually a dispute involving several kids. >> i knew the young man, so i just wanted to make sure there was nothing today. that is good. >> very quiet today. >> before we move on to the occ director's report, i want everyone to know we have cami blackstone from carmen chu's
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office. if you have concerns, she is here to reporters. please call the next item. >> line item b, occ director's report. >> good evening. i am the director of the office of citizen complaints. also here is our senior investigator. it is a pleasure to be here this evening to speak with all of you about the functions of the office of citizen complaints. we are often known as the occ. we are the third largest civilian law enforcement agency in the united states, only surpassed by new york city and chicago's civilian oversight agencies. the occ was created by a charter
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amendment in 1982 and became operational in 1983. we are nearly 30 years old. we will be 30 years old in november. it was originally an office in the san francisco police department, but we are placed under direct supervision of the police commission. as an independent agency, separate and apart from san francisco police department. the police commission is also a civilian body. the function of the office of citizen complaints is to assist the police department in building trust with the community by being the bridge between the public and the police in matters of police misconduct and police practices. to that end, the occ's mission is to ensure police accountability by conducting fair, timely, and unbiased investigations of police misconduct allegations, making recommendations on police policies and practices, and also
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conducting mediation between the complainant and the police. the investigation of complaints, and we make policy recommendations on police the power of policy. law-enforcement agencies must have a procedure to receive complaints by members of the public against peace officers. the occ serves that purpose for the san francisco police department. our office is staffed by a diverse group of civilians who have never been san francisco police officers. currently, the occ has 35 employees. the majority our investigators. we conduct investigations to find out what happens. we follow the evidence by interviewing the person who has brought the complaint, the involved police officers, and also civilian witnesses. we have subpoena power to compel
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testimony and obtain evidence. we obtain additional evidence from the police department in the form of police reports and other documentation generated by the department. when we conduct an investigation, we visit the site of the alleged occurrence and may take photographs of places or persons. we conduct investigations with the aim of completing them within nine months. with limited exceptions, we must complete the investigation within a year. when we complete an investigation, we make a finding of whether the officers violated any police department rules or state, local, or federal laws. our standard of proof is a provider of the evidence. that means the complaint of conduct, to prove that it occurred, we must show that it is more likely than not that it did, that the probability is greater than 50%. if after an investigation, the occ finds that an officer
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violated rules, we forward the report to the chief for further action. he can impose discipline up to extensions. police commission has jurisdiction over the most serious misconduct complaints were disciplined could be greater than 10 days of suspension. one of the additional services we provide is mediation, an alternative to discipline. last year in 2011, the occ facilitated 61 mediations, 7% of the 846 cases we closed last year, approximately the same rate of cases that we sustain. when we have a mediation, it allows complainants to resolve issues with the accused officer in person in a dispute resolution format. the goal of a mediation is to bring the parties together in an effort to achieve mutual understanding between the parties. we have a partnership with
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community boards and the san francisco bar association to provide neutral mediators for the program. the mediation can be and has been conducted in languages other than english. the mediation program is voluntary, meaning both the officer and complain that must agree to the mediation. i am proud to report that eligible officer participation in our mediation program is over 90%. mediation by dissipation rate of san francisco police officers is the highest per capita in similar mediation programs in the nation. i am also happy to announce this evening that i just learned today that the occ is the winner of community board's 2012 excellence in alternative dispute resolution practices. i would also this evening like to share a few statistics with you about complaints the occ
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received last year and how we resolve them. in 2011, we received 784 complaints, representing an 8% reduction in complaints we have received over 2009 when we received 854 complaints. last year, we sustained allegations in 7% of the cases we close. we found proper conduct in 25% of the allegations investigated, and we found that 4% were not true or unfounded. the largest percentage of allegations we received were from -- were for i wanted accents, and unlawful search or arrest, followed by his credit, and allegations of unnecessary force. in 2011, approximately 20% of complainants were african- americans. caucasians were another 35%. another 18% declined to state their race. asian-americans included about 5%
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