department. so thank you. >> it is a great opportunity. >> thank you. >> in fact about five months ago on the united states department of justice website, and i immediately... they realize that had there is an issue of access and they are starting to explore and so we are way ahead of the curv and thank you chief and for all of your involvement. so thank you. >> thank you so much. >> okay. please call line item two b. >> line item 2 b. occ's director report. discussion, review of recent activities. >> good evening. director hiks. >> good evening, members of the commission, i have no none to report. i have nothing this evening. >> are there any questions for director hiks this evening. >> thank you very much. please call line item 2 c. >> commissioner reports to discussion, commission president's report. >> just briefly i want to thank the chief i actually called

them yesterday because of my concern. there is a lot going on in the city but there seems to be a lot of traffic and really out of control, especially out here tonight. and i hope that when the city planners put these things together that there are so many events that you realize to get around the city and so i called the chief and shared my thoughts with him and he was very kind and so i appreciate that. but that is all that i have to report this evening. >> commissioners anything further? >> i wanted to give an update on where we are. last week we had a little bit of a confusion about the taser issue. since then, it looks like we have a couple of potential dates for community meetings and i wanted to put it out there and please chime in if i am saying anything incorrectly. october 22nd at 6:00. and this is a suggested location, of course if there is community input, it could be somewhere else. but right now they have reserved the hampton recreation

center. and there is another community meeting set for october 23rd at the scottish rice center. and then a third one on october 30th at 6:00 at downtown high school. at 693 ramont street. i don't think that these are set in stone. but i wanted to be very transparent and put these dates out there so the community members can start planning and give input on the discussion that we have had. >> my understanding is that those are the dates for now. and am i leaving anything out, chief? >> no. that there was a september 24th date that commissioner asked that we vacate due to either short notice and the fact that the commissioner could be present. so provided the other two commissioners are in agreement, i would not object. >> thank you. >> and before, these meetings i think that we are going to have ourselves going to meet, with the chief just to go over some

of our ideas and discussion so that we have a good format for these meetings that really takes in the community input. that is also something that will happen before the first meeting on the october 22nd. >> that is it. i don't know if i am leaving anything out. feel free to chime in. >> however the commission wishes to proceed. >> okay, great. >> commissioners, i know that the other two commissioners working with you, so commissioner loftus are you okay with the cancellation on that date or would you like to go forward. >> more preparation time and then... >> we have the others schedule and certainly there can be other meetings as well. >> great. thank you, very much. >> commissioners anything further to report before i move to line item 2 d? >> please call 2 d. >> commission announcements and scheduling of items identified for consideration at future commission meetings. >> is there anything that you

would like for identify for future consideration? >> just circling back on the presentation that we just received about the response of pursuit of driving. and 5.01. use of force, we should calendar a date for it looks like the 5.05 will be ready in six weagings or so that can be actually be an action item and the use of force. action item. and if not ready. i want to pick some dates and get feedback from the secretary about what would make the most sense for our schedule. >> it looks like six weeks from now, the end of october, the beginning of november. >> >> the 7th of november, the

14th, the 21st, if you are talking november, then we can look into our days. >> the 7th or 14th. so to be clear, for djo5.05. it looks like that is almost done, so we could choose the 7 or 14th. for the djo, for use of force 5.01. since we are discussing it already, october 24th maybe we will leave it there for the use of force 5.01. but for dgo 5.05. we can calendar that a potential action item. >> what is your next available date? >> the 17th? >> would the 14th be okay? >> no the 7th is the second. >> is that the second? >> it is the second? >> yes. the second one. the 7th. the 7th. >> november 7th. >> perfect, thank you, chief. >> thank you. >> okay. >> thank you, commissioner, anything further from the

commissioners? >> okay, hearing none, we are now at public comment on-line items 2, a, b, c, and d. >> commissioners, ray hearts director san francisco open government. i guess that you probably sense a certain level of anger and frustration from me when i come before you. because i watch your meetings on sfgtv if i am not here, and it isn't just the fact that you seem to disregard the rights of the citizens under the sunshine ordinance and the brown act. but you seem to be flagrant about making promises and commitments you don't keep. last week there were documents that were shown on the overhead which were not leg able for the members of the public. documents which under the law should have been made available in the information packet which was sent out. and then they should have been available to the public so they could be participating in this. and it gives the lie to the idea that you want the public participation and then you deny the documents and the

information that people need to actually make meaningful public comment. and then, you make a commitment to putting these documents later up on to the police department website, and low and behold you go to the website, and they are not there. so what is it? are you going to let the public par participate? are you going to give them the documents that by law you are supposed to be sending them and providing them? or are you not? >> it really seems strange that i have to come here. i would rather be doing something else to be honest with you. i watch time and time ago, while you sit here many of you lawsers and disregard the fact that you violate the rights of the citizens of this city to participate in these meetings and it does not seem to bother you at all. not a whit. and it was like two months ago the chief promised me a copy of a report that i have been trying to get since february, nothing. last week made the same

promise, nothing. >> so, when people tell you stuff, it turns out that they are not telling you the truth, it always brings that expression to me, fool me once, shame on me, shame on you, fool me twice, shame on me. when you fool, 15, 20, 30 times and more importantly you watch other members of the public receive the same discourteous and dishonest treatment simply because they don't know their rights under sunshine and don't know how to get the rights under sunshine enforced, i think that it is unconceniable. >> when it comes down to consecutively rights and constitutional rights that a citizen has to drag people before many hearings of the sunshine ordinance task force and the ethics commission just to get a body that swears to support and defend the constitution to do so. i think that it is disgraceful.

and i am glad that commissioner chan finds it funny. and i also find it interesting. >> i am not going to let you rit kaoul any commissioners. >> you are supposed to talk to the commission as a whole. >> and you are supposed to do a lot of things. that is the way that it works... >> thank you, mr. heart. >> thank you, commissioners mazzucco... (inaudible). >> next, public speaker, please? >> public comment is now closed and line item number two, athrough d. >> please call the next item. >> number four, whether to hold item five in closed session and to assert client privilege with regard to 55. code section 67.10. >> this is public comment on whether or not we are going to

have a closed session, police discipline matters that are protected by the supreme court as well as pending litigation, public comment, mr. heart? >> san francisco, open government, i said this last time and i will say it again, thank you for turning on the microphone after i started speaking. i don't trust you father than i can see you. in fact i don't trust anything that you do in open meetings, because you really don't follow the law and you ignore the law and somebody brings it to your attention and you simply ignore that too. and yet you ask us to trust you that you will go into a closed session and you will only discuss the things that are listed there. i don't believe you. and i think that there are a lot of people in this city, especially members of the african american community and other communities that really don't have a lot of trust for you as a police commission because they see you as nothing but a body that runs

interference for the police department. i'm curious why the police department needs to have the police commission run interference. my understanding was you are supposed to be representing the interest of the public. what you do is you protect the police against the public. and very honestly, i don't think that you when you go into a closed session, i have not been given one single reason to believe that what you say you are discussing back there is limited to what you put on the chart. and in case, somebody wants to think maybe i am paranoid, i'm not, i have watched you to do it to other people. i have watched you make the same kind disengine you yus and comments about wanting to participate in these things and we will give you this information and it doesn't come. and we will show it on the website. and it doesn't get there. and then when someone comes and actually challenges you, you

either look down at your papers and work on something else or you just ignore it. or, more than likely, if it really, really bothers you, you take whatever time you want to dismiss whatever members of the public say when they have two or three minutes to do it. i'm coming to every single meeting from now on. and as long as i am going to be here, i'm going to be commenting on every item that i see that is appropriate. and very honestly, i see no reason to be polite with you for the simple fact that you are not polite to the public. in fact you are not even honest with the public. >> i think that anybody... you know, i think that... you look at a meeting like this and the public isn't even here. i think that is because they working under the impression that mamma didn't raise no fool. why should i come here and listen to somebody tell me how much they care about what i speak when everything they do makes that a lie?

if you want to sit there and act all offended and all insulted like what i am saying is not true, i would ask anybody to just go back and review some of your hearings on sfgtv and see the same things that i do. >> any further public comment. >> yes, sir, please come forward. >> commissioner, board, chief, my name is mike and i am with the occupy movement. and i don't have much to add in addition to what mr. heart brought up is that these concerns are pretty prevalent in our neck of the woods. and it has been a very good year for everybody, i hope that you guys learned as much as we did. i would like to ask a question, is the city interested at all in working diplomatickly with this movement? is the department simply going to continue to take its orders from the mayor? whether they be just, unjust,

legal, or illegal or whatever. i just want to know what the temperature check with you guys is regarding working with us and building a relationship with dedicated personnel. much as the language program and many other things that you guys are working on. are you going to need to take this a little more seriously. so, rough idea? would you guys are interested in working with the occupy movement instead of working us over? >> you have three minutes for comment. the commissions cannot engage. >> not allowed to answer questions? >> no. >> thank you, sir. >> any further public comment? >> hearing none, public comment is now closed. please call the next item. >> line item four vote on whether to hold item 5 in closed session, including whether to assert the attorney-client privilege with regard to item five, san francisco administrative code section 67.10 action. >> do i have a motion? >> i move to we move into

closed session. >> i have a second? >> second. >> all if favor? >> aye. >> thank you very much, we are now going to move into closed session for all of the reasons >> do i have a motion? >> yes. >> all in favor? >> aye. >> do i have a motion. >> all in favor? >> aye. >> thank you. >> thank you. >> in this fabulously beautiful

persidio national park and near golden gate and running like a scar is this ugly highway. that was built in 1936 at the same time as the bridge and at that time the presidio was an army and they didn't want civilians on their turf. and the road was built high. >> we need access and you have a 70 year-old facility that's inadequate for today's transportation needs. and in addition to that, you have the problem that it wasn't for site extenders. >> the rating for the high viaduct is a higher rating than

that collapsed. and it was sapped quite a while before used and it was rusty before installed. >> a state highway through a federal national park connecting an independently managed bridge to city streets. this is a prescription for complication. >> it became clear unless there was one catalyst organization that took it on as a challenge, it wouldn't happen and we did that and for people to advocate. and the project has a structural rating of 2 out of 100. >> you can see the rusting reinforcing in the concrete when you look at the edges now.

the deck has steel reinforcing that's corroded and lost 2/3's of its strength. >> this was accelerated in 1989 when the earthquake hit and cal came in and strengthened but can't bring to standards. to fix this road will cost more than to replace. and for the last 18 years, we have been working on a design to replace the road way, but to do in a way that makes it appropriate to be in a national park and not army post. >> i would say it's one of the most ugly structure, and it's a barrier between the mar sh and

presidio. and this is a place and i brought my dogs and grandchildren and had a picnic lunch and it was memorable to use them when we come here. what would it look like when the design and development is completed. and we are not sure we want an eight lane highway going through this town. and it's a beautiful area in a national seaport area on the planet. >> the road is going to be so different. it's really a park way, and it's a parkway through the national park. and they make the road disapeer

to the national park. >> and the road is about 20 feet lower, normally midday, you go through it in two minutes. looking back from the golden gate bridge to presidio, you are more aware of the park land and less of the roads. and the viaduct will parallel the existing one and to the south and can be built while the existing one remains in operation. and the two bridges there with open space between them and your views constantly change and not aware of the traffic in the opposite direction and notice the views more. and the lanes of course are a foot wider than they are today. and they will be shoulders and if your car is disabled, you can pull off to the edge. and the next area, the tunnel

portal will have a view centered on the palace of fine arts and as you come out, you can see alkatrez island and bay. and the next area is about 1,000 feet long. and when you come into one, you can see through the other end. it's almost like driving through a building than through a tunnel. and noise from the roadway will be sheltered. and the traffic will be out of view. >> when you come out of the last sort tunnel and as you look forward, you see the golden dome of the palace of fine arts and what more perfect way to come to san francisco through that gateway. >> it will be an amazing

transformation. now you read it as one section, the road is a major barrier and then a wonderful strip along the water. all of those things are going to mesh together. >> right now the road really cuts off this area from public access. and with the new road, we will be able to open up the opportunity in a new way. >> this bunker that we see now is out of access for the general public. we are excited to completely rework this side and to open up the magnificent views. and what we want to do is add to this wonderful amenity and restore this coastal bluff area and respect its military history and the doyle drive

project is allowing us to do that recorrection. and this area is not splintered off. >> and we can see how dramatic a change it will be when doyle drive is suppressd and you have a cover that connects the cemetery to this project. it's historic on the statewide and national basis, but you could rush the project or put thought and time to create something of lasting public benefit. >> we really want this, for everyone to feel like it's a win situation. whether you are a neighbor that lives nearby or a commuter or user of the park. that everyone will experience a much better situation than they currently have. >> the human interest to me is

how people could work out so many challenging differences to come to a design that we believe will give us a jewel. landmark of a place. >> i am sure it will have refining effect like embark did. and there were people about that and no one would think of that today. and when you look at growth and transformation of the embark, the same with doyle. it will be a cherished part of the city and a worthy addition to what is there. >> it will be a safe and beautiful entrance to a spectacular beautiful city. it will be the entry to golden gate that san francisco deserves.