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tv   [untitled]    September 28, 2013 8:30pm-9:01pm PDT

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proud to support what supervisor kim has property it's not everything that we want but again kudos to supervisor avalos for the tenacious way he's approached this in the transparency and it makes us proud we're at where we're at and wisconsin i hope we have a collective force i know that the mayor has made it a point to send that message and we should be very proud and let's emphasis the common ground we've found because we too often focus on the differences and a thank you very much and i look forward to the vote >> (clapping) and i appreciate everyone's
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hands. with that colleagues are there any other comments. okay supervisor kim i believe has made a motion for her amendment and seconded by supervisor cowen. can we take those amendments without objection. any further comments. supervisor avalos >> yes. i would like to commit very briefly. i want to make a few tuesday's in people who were structural i stroourm. first of all, i want to thank my staff in my officer who has done a lot of work and to usher through the state we're at renew. i think that, you know, i'd be flying blind often if i didn't have my staff so i want to thank
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you for that. also in my office another intern in the office just got emphasis law degree and thank you so much for your work. and i want to thank the city attorney thank you for your great work. i want to thank all the legislative aids especially in supervisor kim's office ivy chang in particular and other folks from norman yees office. the finance committee and for bringing this issue before us. a lot of organizations have a part of them (calling names) many of our labor partners and
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local 2 and i've heard from the labor council and communities united against violence and the domestic violence consortium and the asian law caucus i don't know your full name and there are many, many other organizations that are part of this effort thank you for standing together. across our deprives immigrant community it's a testament to how power our community is to get that kind of unit thank you. it's truly been an honor to work on that legislation >> thank you supervisor avalos. >> thank you very much. good afternoon, everyone. as an early supporter of this ordinance i want to recognize
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supervisor avalos he said to me ♪ his office this is going to be a big deal and i applaud you are inform your leadership. i believe that a aviate majority - you know we've got to find a better word than undocumented but nevertheless, that policy will provide people with protection. i too want to acknowledge the amazing staff time that's been dedicated and andrew has been mentioned in my office and others. i want to acknowledge some of the nonprofit organizations and cfos that helped me to process this information. thank you ladies and some of our
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allies and also want to acknowledge the equal rights commission i don't see any here but i want to mention them. i spent a lot of time talking about with the african advocacy and thank you for caring and having a kind encouraging word. thank you >> thank you. any final comments. the youth commission also weighed in on this ordinance and to make sure we have separate an ordinance plan to the immigrant communities we have the san francisco immigration legal defense and education that would be a outreach to make sure that
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people are being for the record of their rights as residents of san francisco. and also the city attorney want to make sure we're informing people of their rights >> unless there are any final comments. >> supervisor farrell. fraerl i. supervisor kim >> kim i. spraifr mary >> marie. supervisor weaning i. and supervisor avenue loss and a supervisor breed. supervisor campos. campos i. and supervisor horrify ordinance is passed on the first reading. (clapping)
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(laughter) (clapping) (chanting). (chanting)
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>> thank you very much we willing optional have a minute of bus to do at this time. >> mr. vice president today's meeting will be adjourned in memory of the following beloved individuals on behalf of the supervisor wiener and on behalf of important o of supervisor cowen. >> madam clerk any more business in front of the body. >> that concludes it. and i want to thank the staff and unless there's no more business lainl we are adjourned for
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>> 7 and a half million renovation is part of the clean and safe neighbor's park fund which was on the ballot four years ago and look at how that public investment has transformed our neighborhood. >> the playground is unique in that it serves a number of age groups, unlike many of the other properties, it serves small children with the children's play grounds and
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clubhouses that has basketball courts, it has an outdoor soccer field and so there were a lot of people that came to the table that had their wish list and we did our best to make sure that we kind of divided up spaces and made sure that we kept the old features of the playground but we were able to enhance all of those features. >> the playground and the soccer field and the tennis fields and it is such a key part of this neighborhood. >> we want kids to be here. we want families to be here and we want people to have athletic opportunities.
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>> we are given a real responsibility to insure that the public's money is used appropriately and that something really special comes of these projects. we generally have about an opportunity every 50 years to redo these spaces. and it is really, really rewarding to see children and families benefit, you know, from the change of culture, at each one of these properties >> and as a result of, what you see behind us, more kids are playing on our soccer fields than ever before. we have more girls playing sports than we have ever had before. [ applause ] fp >> and we are sending a strong message that san francisco families are welcome and we want you to stay.
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>> this park is open. ♪
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>> i will point out anyone to point out the motions taken that will make the city government more open to participation and i sao knowing other than shuffling paperwork. >> can't do it, can't you? i will challenge any member of this ethic's commission or its staff to point out actions taken to make it more responsive to the public. >> can't do it, can you? >> and i would challenge any public of the ethics commission or its staff to point out the
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actual value received for the millions of dollars spent by this body, each year. >> again, i don't think that you can do it. this is not to say that the ethics commission could not do any or all of these things, instead the commission and the members appointed by the officials over whom they have oversight choose to do nothing. worthless as tits on a bull. bottom line is that you are here to maintain the ethics of this city. and yet i have looked and been involved in this this for a number of years now and i nothing that the ability of the public to get the public records, in fact, every finding of the sunshine ordinance task force that has come before you, on that matter has been denied. i have found nothing that shows that you have done anything that allows the public access to meetings.
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anything that has come before you has been denied with the one sevensing. that is the case of jewe l gomez that you recommend be removed from her office as the president of the library commission, the mayor ignored you and i have done public records request to this body and what we see is that if you do try to do something, which this the only case. the mayor just ignores you. >> do you go through the motion and hope that everyone will congratulate you on the job that you did and you can look at me, and you can sit there and look like you are rolling your eyes, but that is just idiotic and bottom line is that you don't do anything. i don't think that any of you
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if you were put to the task could point out anything that you have done for this city to enhance the ability of the citizens of this city, to see any improvement in the ethics of any of the city bodies. >> patrick metsaw and i want to echo what mr. hartz just said. reading allen superior court case, it is absolutely shocking that all 39 sunshine referrals for enforcement, they were adjudicated at the sunshine task force, and following lengthy hearings, and lengthy deliberations by the task force members who are knowledgeable about the sunshine were
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referred here and all of them, all of them, all 39, was or were dismissed by this body. your role is not to find exculpatory reasons to toss out complaints that have been upheld for the sunshine task force. mr. hartz made a good point, the citizens in this town deserve much better. and it is high time that this body, hire an outside efficas to keep you from disenfranchising san franciscans and you should be ashamed of yourself. >> any other comments? >> from the public? >> good evening. the executive director of the library users association. and microphone seems a little
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bit short here. and as a previous speaker, as mentioned, well, several, in particular, in the case of jewe l gomez, a letter from you to the mayor which he completely ignored, and did not have the courtesy of responding the receipt of your letter, urging him to sack her for her behave or at a library commission and shutting down public comment, from a particular member of the public. you did a year later send a follow up letter, certainly follow up letters, would be appropriate, and as previous speaker mentioned that one seems to have been ignored as well. it seems to me that you are
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asking to be put in oblivion in effectiveness or credibility as a body if you make recommendations which you will then now go without even the courtesy of an acknowledgment. and i have not recently kept up with what the status is of the jewel gomez case but not having heard anything and i assume and maybe i should ask, i would like to know whether the ethics commission has heard anything from the mayor's office, with respect to its two letters. and i would be interested to know whether the ethics commission has followed up with the third letter, or plans to do so. as i say, the message that people get is if you don't pursue your own actions with some level of reasonable vigor,
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i think that people might likely will put you in a category of ineffective and don't worry about them, they don't do anything. and so i do have a specific question with respect to the status of the jewel gomez case, whether there has been a third or any other communication with the mayor and particularly any response. >> we are on the commission have not requested an additional communication with the mayor on this matter. and mr. st. croix, we have not heard from the mayor we have? >> thank you. >> any other public comments? >> in that case, we will move to complaint referred to us by the sunshine task force.
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mr. st. croix? >> you do have a staff report making a recommendation on this. before you, i would point out that, at approximately 3:00 this afternoon, pastor gavin sent an additional request for a continuance. this item has been continued three times, already. and at the june 24th meeting, the commission granted pastor gavin's last request for a continuance. but specifically stated that another continuance would not be granted absent a showing of good cause, the memo that went to the respond ant and complainant pointed out that it had to be in write and show good cause and had to be delivered no mater than monday, september 9th and since this game in today, and it is absent any reliable information as to
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the validity of the request, the commission will be well within its right to go with the hearing tonight absent pastor gavin. >> this matter has been pending for quite some time. i am disappointed that pastor gavin is not able to attend our hearing based on her complaint. commissioners, any discussion? >> commissioner hur, you said that we should continue and give her a chance to present her case before us. >> well, i am not sure that i was on the side of continuing it then. but the commission did continue the matter, and i think gave sufficient notice to pastor gavin and so i am comfortable
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going forward today. >> and i notice in the letter that we received from pastor gavin, there is no request for a specific time, it is essentially to say, to continue it until further notice. and a medical release from her physician. and as i think that i commented at the time when we did agree to continue it is that the defendants have some rights here as well as the complainant. and i think that to keep this matter open indefinitely, just is unfair to them. so, i would not be disposed to not to determine the matter
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tonight. >> any other comments from commissioners? >> any public comment on this? >> and is there comment,? >> i don't think that there is public comment on this. >> required. >> you are going to take a action. >> and not continuing or dismissing it, there is. >> and unless there say motion to continue, then there is no action required to hear it tonight. >> i see. >> okay. >> well, does someone want to make a motion on what we want to do about this. >> i will move that we proceed to hear the complaint. >> do we need a motion to proceed? >> no. >> so now, it would be the time for the hearing. >> right. >> which will include the statements >> you need a motion to continue not to proceed. >> let us proceed with the case. >> with the complaint.
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>> as pastor gavin is not here, there say representative of the supervisors here and we will give them an opportunity to present and the legislative board is here to represent the four supervisors. >> true who say representative of the four supervisors is here to present their case. >> good afternoon, and good early evening, matter chair person and members of the ethics commission and executive director st. croix, my name is justin true, and i am the legislative aid to chiu and this is a long-standing case. and i did appear on the matter before the sunshine task force some years ago as well. and i officially only represent supervisor chiu, at least, some of my other colleagues are aware that i am here this evening and they can obviously see it now. and i don't want to go into a great deal of detail around the item, i think that the staff report is clear. and i think that the main point
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that i would make is that, at the land use committee meeting in question where supervisor chiu announced and introduced essentially changes to underlying development agreement that was before the committee through a resolution, that those changes, were within the scope of the noticed hearing. and very clearly, the hearing described that there was a development agreement and not much else about it and the changes themselves, and technically, they are probably more changes than amendments and although president chiu will call them amendments were designed and although the substance is not relevant to strengthen what are already strong rent protections in that agreement to the park merced residents and i did want to make that point and although the substance is not particularly relevant. and from our perspective and the other offices as well. that the main fact at issue
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here is that the committee members and president chiu both asked for public advice from the city attorney and the issue was raised at that exact meeting about whether it was legal, and appropriate to proceed. and the advice given there and that has been given to us at all subsequent times that have come up was that it was entirely within the noticed hearing for the committee to proceed and send those items on to the board of supervisors and for that reason, we don't believe there is any violation and we do take the issue seriously, and have participated in previous hearings on it. and mostly i am available to answer any questions that the commission members might have. >> thank you. >> questions? >> commissioner hur? >> i have a couple of questions. did the, when these proposed
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amendments were presented, at the committee hearing, and as i understand it, at least, from david chiu's point of view that the instructions were to give the copies of those proposed amendments to anybody out in the public and they were distributed, but were they the subject of comments by the committee itself? and by the public? >> through, the chair to commissioner renne. i personally had copies, dozens and dozens of copies of the changes, to the development agreement, available that day and handed them out and i believe that i may have gone and made additional copies for other members of the public and so i handed out, i would venture to say 40 or 50 copies and then president chiu, specifically walked through, it was 14 pages and there are really four or five points of
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what the, four or five, not legal sense but a technical sense that changed with regard to strengthening rent control protection and president chiu did go through those and i believe that there is some comment on them from the public but the over all discussion about the project as a whole. >> and then, i take it the committee adopted the proposed amendments? >> the committee did not... i if i believe in it i might deter to the city theater, they did not need to adopt the changes but they were in an underlined development agreement and essentially the developer and i believe that the administration, and office the economic development had with our office's development had negotiated those changes and it became part of the agreement and what the committee does was forward out the resolution improving that development agreement to the full board. >> and when it went to the full board, it contained these
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changes and the public again, had a copy. >> yeah. >> the comment on them? >> yes it was in the file, but there was not a further opportunity for public comment. and if the changes were or if the city attorney had told the supervisors that the changes were subnative, which is not uncommon to make the changes, in a committee, then that will require an additional public hearing, and additional public comment and that is the threshold that these changes to the development agreement did not meet and that is why the board was able to move forward that day. >> when you say that the board moved forward. it was a committee. >> correct. >> and it went to the board of supervisors. >> correct. >> for approval? >> correct. >> and when it went to the board of supervisors was there any opportunity for the public ad that time to comment on those? >> no, the board of supervisors takes all public comment on items, or not all public comment, but the vast majority of