tv [untitled] August 1, 2012 7:00am-7:30am PDT
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impacting the cost of living in san francisco, i can see the policy benefit with gross receipts -- because they're impacting affordability to connect the two of them. but the $13 million for affordable housing that would be provided -- is this sufficient to deal with the magnitude of the problem before us? those are the questions that i have. i remain open to supporting this measure, and i think it is important for this board, with the mayor, to speak with one voice and i look forward to that conversation between now and when this comes back to the board of supervisors. i am is still supportive of the measure that was introduced by supervisor of the los.
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i hope we get to a place where we can have some of these questions addressed and i can be supportive of a larger measure. i look forward to hearing this from my colleagues. >> supervisor? >> i want to appreciate -- his remarks -- especially when we look at the changes in our economy and how these impact the communities. this is something that i was partnered with on the ground, organizing the community response to what was happening in the late 90's and early last decade. this was very powerful, and the changes that we see in this city demographics, and so many friends or families i know who have left the city, and gone to the east bay.
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this is something that we explored at the revenue coalition to report this measure. we affirmed that these are the conditions that many of us experienced and are experiencing again, and we thought that also, we wanted to look at not just generating revenue, but also how we do the business tax structure, we would tax something different, with a much more progressive -- with the changes that we see in san francisco. we go into this eyes wide open. the supervisor does remind me about this -- there is a real estate transfer tax and i have this right down to the department of elections, i will
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be pulling that back. they had one measure going forward. i want to keep my commitment with pulling my name back from the real-estate transfer tax, so that we can go forward with one measure this november. >> supervisor? >> thank you. i want to thank them for being able to work out a compromise, with one tax measure going to the ballot. i respect the views of supervisor campos, because it is important to ask questions but i want to stress -- and this is similar to the housing trust fund.
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everyone has a perspective and likes some things that others may not. this is tempting to stand on principle and say that you will go forward with what you want to do. the mayor could put forward the revenue-neutral measure, avalos would have the revenue enhancement measure and we would have the transfer tax. they would take the parks fund down with them. what has happened here has been a very mature and collaborative process among leaders in this city to don't agree on everything and have some strong philosophical disagreements. there is a very strong measure, raising more revenue than some are comfortable with. but it gets the job done.
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i am a appreciative of this effort and what they have put into this. i look forward to supporting this. i hope that the supervisor gets the answers to his questions and he supports this -- supports this as well. >> i want to say that my comments are not meant to take anything away from the work that has been done. and i don't think that whatever happens has to do with maturity. this is about the substance of what is before us. i look forward to this discussion, and again, i think that, to me, this is one of the most important matters that we will be deciding on. this is something we have spoken about for years, from the moment i was elected we were talking
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about the need for more revenue in the system. we want to make sure that we do this the right way. this is how i am trying to approach this. >> unless there is further discussion, i think the order of motions is the motion to amend, and continue. supervisor avalos -- do we take this to ammend without this -- there is no public comment on this. we will have comment next week. with regards to item 21, is there a motion to table? is there a second? seconded by weiner. roll call vote. >> cohen? >> aye. >> ellsbernd?
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>> aye. kim? >> aye. mar? aye. olague? aye. weiner, aye. avalos, aye. campos, no. president chu, aye. supervisor chiu, aye. 9 ayes, one no. >> with regard to item 20. because avalos made this, item 20 has to sit for a week. a hearing next week to be scheduled at 2:30. could i have a motion, by chu and avalos. motion to continue to july 31? can we do that without objection. it is continued. with that -- madam, clerk, the in memoriams?
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ever were. it is really an extraordinary playground. it has got a little something for everyone. it is aesthetically billion. it is completely accessible. you can see how excited people are for this playground. it is very special. >> on opening day in the brand- new helen diller playground at north park, children can be seen swinging, gliding, swinging, exploring, digging, hanging, jumping, and even making drumming sounds. this major renovation was possible with the generous donation of more than $1.5 million from the mercer fund in honor of san francisco bay area philanthropist helen diller. together with the clean and safe neighborhood parks fund and the city's general fund. >> 4. 3. 2. 1. [applause] >> the playground is broken into
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three general areas. one for the preschool set, another for older children, and a sand area designed for kids of all ages. unlike the old playground, the new one is accessible to people with disabilities. this brand-new playground has several unique and exciting features. two slides, including one 45- foot super slide with an elevation change of nearly 30 feet. climbing ropes and walls, including one made of granite. 88 suspension bridge. recycling, traditional swing, plus a therapeutics win for children with disabilities, and even a sand garden with chines and drums. >> it is a visionary $3.5 million world class playground in the heart of san francisco. this is just really a big, community win and a celebration for us all. >> to learn more about the helen diller playground in dolores
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park, go to sfrecpark.org. >> the things commission. the meeting is called to order. we'll start by taking the role. >> commissioner studley. >> consumer hayon. >> commissioner renne. commissioner liu is excused today. the first item on the agenda is public comment on matters appearing or not appearing on the aendda that are within the jurisdiction of the things commission. >> thank you very much, commissioners. and, of course, the public library don't give money to the friends of the library nor accept it. it has been since march 26 that this things commission has had
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a regular meeting, nearly four months, virtually a third of the year. it is like leaving the city unguarded this is a disgrace, especially in view of the grand jury report. i distribute to you through your staff a flier reminding you that july 13 was the one-year anniversary the letter to mayor lee that the president of the library commission proving that ethics is meaningless for the public/private membership. mr. ray hart was before you attempting to play her statements posted on the library website. let me give it a try. if you're watching at home, you may want to hit the mute button.
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[inaudible] >> what you have to understand is this was before misgomez against mr. hart full of lies as retaliation of statements made in public comment that were under the scope of protected free speech. the context is that the public private partnership brings in $5 million a year without any fiscal or ethical. the attacks on citizens to protect against democracy, these grifters will break every rule, tell every lie, tell citizens they are nonsense, that they need to get a life and all kinds of vile stuff i hope you can barely imagine. since your last meeting, mr. st. croix was quoted in the
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"san francisco chronicle" at saying, "the ethics commission's biggest critics are believers in gotcha government. this is the criminal's mantra. do you have any idea of the social damage that is caused when police are followed with the abuse and corruption that are faced in our society and they say they're against accountability. the effect is devastating. mr. st. kroy's ethics apparently is just another opportunity to network with the criminals. well, the reason why we have an ethics commission is because the supervisors and other public officials just treated, a chance to network with the criminals and we needed an outside independent group. in fact, why should they fire ms. gomez if you can't fire mr. st. croix. >> members of the ethics
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commission, ray hart, director of san francisco open government. know your rights under sunshine ordinance as printed on every agenda for city board meetings and commissions. you can submit a 150-word summary which is supposed to be included in the minutes. i have four orders of determination in cases number 10054, the overhead, against the library commission. a referral for enforcement, a denial by the ethics commission without hearing, and a letter to the city attorney telling him to quit advising people contrary what the sunshine task force said. case number 11054 against the city librarian where he was found in violation, a referral to the district attorney on the matter, a referral to the city attorney on the matter, and a referral to the ethics committee on the matter.
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case number 10 -- 11088 finding this commission in violation of the city ordinance and a memo from the task force telling all city departments that the law clearly says in the minutes and it's in the minutes. and then finally, 110071 finding the city attorney's office in violation because basically what city attorney herrera has done is said you can keep people's protected political free speech out of the official record and make it an attachment and put where somebody can't see it and the only reason we're going to say that is because although the law says in the minutes and the task force at least four times has said in the minutes means in the minutes, the city attorney says, oh, outside the minutes is just the same thing. if it was the same thing, he wouldn't be fighting that hard to keep it.
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so with all of these cases, with all of these referrals, with all of the time passed, what do i have? the ethics commission continues it's almost uninterrupted failure to enforce in any way findings of official misconduct. this commission heard one case against jewel gomez which was referenced by a prior speaker and sent a recommendation to mayor ed lee that she be removed. the mayor has taken no action on this referral. i guess the mayor will only follow whatever your recommendation is in the case against the sheriff if it suits his political purpose. i don't think he puts you in a very good position because bottom line, if you come out to remove the sheriff, everybody is going to say because your political appointees and that's what you were told to do. very frankly, that's what it looks like to me. you got all these people that found official misconduct referred to the district attorney, the city attorney, nothing happens. you find them in violation,
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nothing happens. what if you find the sheriff in violation of something will happen for the first time in more than a decade. >> i'm alec bruce and i have appeared before you before, most recently in april at the joint meeting with the task force members regarding the proposed regulations. i do want to point out something to you that you're probably not aware of. during the period of about august 2011 until i think just before your meeting in april, five or six referrals from the task force were dismissed allegedly by the commission because the respondents were neither an elected official nor
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department head and the dismissal letters from mr. st. croix said you only handled those cases. the whole purpose of that april meeting was to straighten out what had been originally decided in june 2010 which was you did have jurisdiction over the task force referrals under 6730 c. so now we're back to where we were, except that there are six cases that were dismissed improperly and should be reviewed on the basis that you did have jurisdiction to hear them, whether the respondent was an elected official or a department head. i think it's only fair to the complainants and i think it's in keeping with your responsibilities to make sure that everything is done according to the book. thank you.
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>> hello, commissioners. my name is larry bush. i was at the rule committee hearing in june where there was discussion about proposals from the ethics commission put forward by superviser weiner. before that meeting took place. supervisors campos had asked harvey rose to do an analysis on how san francisco compared on policies dealing with ethics and transparency and how they did on enforcement. i didn't see anything in the minutes or the notes from the executive director telling you all about that harvey rose report, but it's an important one. i brought copies for all of the commissioners. it does a very good job of outlining places where san francisco is somewhat better than los angeles and places where san francisco might want to consider adopting policies that are in los angeles. some of those policies are directly related to issues that
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you'll be dealing with later on on 1.126. the other point that they made was that they would like to see the commission take a stronger outreach to the interested persons meeting so that more people have an opportunity to participate in the discussions and the chair of the committee, jane kim specifically said that she would like the commission not wait any longer on providing information to the public in languages other than english and there is examples of that from the los angeles commission about how they do that. thank you very much. >> hello, commissioners, my name is michael, and i'm a person with age and a little bit of history. i am alive in part because of freedom of information act requests filed in the 1980's before we even had the drug
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a.z.t.. filed to find out about clinical trials on experimental drugs at the national institutes of health. once we had the information, we were then able to look for the similar drugs for sale either in europe or down in mexico. i mention this because for me, sunshine, open government, access to public records, and enforcement of the laws for those public foyers is a life and death matter in some situations. having said that, i would like to address the terrible undermining of the sunshine ordinance task force by supervisor scott weiner in the past couple of months. he has removed extremely qualified people from the task force and, unfortunately, he has replaced them with certain
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members who admit in public that they are unqualified to be sitting on that panel. after supervisor weiner installed todd david, the first task force meeting happened and i was at that meeting and asked todd david and was captured on camera and it's on youtube, what are your qualifications? and he said over and over again, michael, i'm not qualified. that horrifies me that we have a member on the task force right now who said in front of witnesses at the task force and on camera, i am not qualified. that appointment is really dangerous to sunshine and good government here in san francisco.
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i really believe that we need this commission, the ethics commission serving as a watch dog. and right now, i don't think that's the case. to be blunt, i look at the ethics commission as a lap dog commission. and that is not healthy for san francisco's democracy. please, my take-home message for you today is develop strong watch dog principals. carry them out. start enforcing the power and the decisions that are coming here from the task force when we're not getting documents or being able to -- not adhering to the law. i have a statement for the record and one copy for the chair. thank you.
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>> good evening, commissioners. oliver luby here. regarding a package of campaign finance reform amendments proposed by your staff and passed in november, the report does not fully describe the rejection that the amendment package effectively received of the june 7 meeting of the board of supervisors rules committee. the report summarizes the outcome in rules by asking they were engaged in another public process regarding the amendments and that the frequency of disclosure should not be reduced. it did not mention was the strong public outcry about the amendments. not only did the amendments decrease both finance disclosure and campaign communication disclaimers, but they also created a loophole for the return of the notorious election earring issue of communications, and had drafting errors. the amendments would have made
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requirements parallel to state law. in fact, the proposed amendment for filing actually conflicted with the minimum requirements of state law. it would have exempted contributions between general purpose committees from triggering preelection disclosure contrary to state law. this is the second time that the supervisors have rejected the proposal by your staff to roll back a 2006 reform which provides a simple broad election threshold for general purpose committees and referred to section 3.135. moreover, the record failed to note that legislative and budget analysts report referenced earlier today provided -- which provided a detailed report to the supervisors contrasting san francisco and los angeles campaign finance and ethics laws including identifying certain reforms that are used in l.a. but absent here. for example, on your agenda for today are regulations for the contract or contribution ban which prohibits contractors
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from donating to office holders approving contracts as you know including six months after contracts are approved. in l.a., the prohibition is 12 months after contract approval and fundraising by contractors on behalf of the office holder is also prohibited as noted in the report by the budget analyst. further more, i would like to point out that l.a. law prohibits officials from receiving contributions from persons who have had a legislative or administrative matter before the official during the preceding 12 months. san francisco's contractor contribution ban should be expanded in san francisco to include recipients of development permits and other major economic benefits if approved by elected officials. i would encourage each of you to watch the video, the rule 7 of the june 7 rules committee. thank you. >> good afternoon,
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commissioners, charles marseller for the record. i did want to tell you i did also attend that hearing at the rules committee and i found it to be very thorough, so i would recommend you look at the tape. there is a need, i think, to get a city attorney opinion on what it clearly requires you to do when amending voter past initiatives. you not only need the supermajority as you know, everybody knows that, but you also need to know that the bill or the amendment before you furthers the purposes of the act. that's expressively -- explicitly stated in the law and it was our intention when we drafted that, mr. stern and myself, when we came up with that language to require those two thresholds. so i wanted to say that's something we haven't really
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gone into in any great detail, and i would be happy to discuss it further, but it's not possible for the commission or the board to adopt several of the amendments before you in my view as they are in violation of these requirements and therefore would be illegal. that came up at the hearing before rules and rules did in fact discuss that at length. so i think the rules committee would like to have a city attorney's opinion. if you don't ask for it, they will at some point. in fact, i would imagine that they will amend the law, the next passthrough to require this. that is the simple remedy, the simple remedy is to basically say that there should be the issuance of findings concurrent with the adoption of any amendment and i think that the city attorney would concur in that opinion. so you would probably be
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