tv [untitled] November 2, 2013 11:30am-12:01pm PDT
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>> commissioners, ray hartz, director of san francisco open government and i am only to comment on section 7 and 10 of this report. the first section, number 7, discusses the filing of form 700. and some focus needs to be placed on the fact that the filing of such reports are done under the penalty of perjury, the city librarian failed to figure that out. and he also didn't seem to understand that finding such a statement is perjury, even when it is not done in front of the public official under oath. and i have to believe that someone as intelligent does not understand those matters and there must be many more city employees who do not understand, and potentially a lot of other were filing and complaints with the ftpc against the members. >> and it is the same as mr.
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herrera in similar amounts. >> in section ten is says that due to the records involved. and it has been side tracked from the regular duties end quote, under the sunshine ordinance and the san francisco public records act. and responding to public records requests, they are among the regular duties of every city employees. this mistakingly represents this as something that they are being taken away from their duties. it is part of their duty and any city employee who is asked for a record is a requirement and part of their job duties to provide a job response. and putting this in a report saying that they are taken away from the regular duties it is
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simply a ploy and the record request to something and it is a legitimate legal request from a citizen of san francisco. and the control and the supervision or a record and not getting it. and it is my own experience after chasing him for two solid years and going through the city attorney's office and a petition that the supervisor of records to continue to records and those were the very records used to find him in violation of the regulations. and i did not blame him. and i would lie about the existence which he did. and i even denied, answering whether they did exist or not, when they responded or the company requestor had a legal
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document saying that you should have it signed by the respondent. >> agenda item 6, items for future meetings, do the commissioners have any suggestions as to items that they would like to see on the agenda for the meetings in november? or subsequent there to? >> mr. heart you are the only mefm of the public, do you have a suggestion or items that we should put on the agenda. >> i do, ray hartz, director of san francisco open government, i think that this body needs to acknowledge that in your charter it says that you are responsible to a degree for the
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sunshine ordinance and its implementation and enforcement. and yet in every single document, i see coming out of this body, you just, you fail to address it at all. and in the civil grand jury report, the sleeping watch dog that was mentioned by the civil grand jury. and you simply dismissed that with the typical response to civil grand jury reports of thank you very much for all of the time that you put into this and how much that we appreciate all of this hard work and then proceed to disagree with everything that they say. deny what they say and say that it is wrong and say that they don't understand and anything but accepting it. feedback, is the breakfast of champions that is something that ken blancardsaid, and anybody and any organization or individual or group of people who cannot accept the feedback and admit to the fact that occasionally they are not doing something that they should be
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doing, is willfully ignorant and saint thomas said that willful ignorance of what one ought to know is a mortal sin. the sunshine ordinance, task force hears dozens and dozens of cases each year and they sent you three or four or five and you dismiss every one of them. you take the city's side every single time. only one time, have you ever taken an action and that was to recommend to the mayor that the president of the library commission be removed. and he ignored you. and so i guess that i can't blame you either, would i not want to take the action if i knew that the only thing that i would get is somebody saying that i am not going to do it. and you don't have any power and you don't have any control, people say that the sunshine task force does not and i will give them this, at least, listen to the citizens of this city and when they find a good case, they will issue a violation and i have 19 of them
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myself and just try to get them enforced. and you can catch people in a blatant lie and you know the most interesting thing about it, they never have the courage to show up and explain their own actions. and they send some city employees who does not really know what is going on say, here you go on and you defend this illegal action. and poor sue black man at the library commission, the secretary gets stuck defending the actions of gomez and herrera because they do not have the integrity before a body and say that the reason that i did this is because of this. they send her there and the last time that i watched her, she was physically standing there shaking like a leaf because they were asking her questions that they didn't have answers to. >> i am not sure that i know
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what the agenda item is that you want us to put on. but if you want to submit some specific agenda item for our consideration, we will certainly consider it. >> i thought that i made it clear, the item would be to have an open public discussion at ethics commission meeting about what you feel this body feels about its obligations under the sunshine ordinance. >> all right, i think that we spelled that out when we set the new regulations for hearing on sunshine complaints. >> but there are no further items? >> public comment >> i thought that we had finished public comment >> one more.
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>> and any, and anybody want to move to adjourn and then i will ask for the public comment on that? >> any public comment on that? >> agenda item 7 is general public comment. >> all right. the item 7, is sort of the flip side of two, public comment on the matters appearing or not appearing on the agenda that are within the jurisdiction of the ethics commission. >> ray hartz, san francisco open government and there is that meeting is only about 30 minutes long and i don't feel particularly impolite to use the second opportunity. you can act like i am here just to be a pick on you and poor us and you know, all of this other, crap which you seem to want to present it as. but i have been watching the open meetings in this city for
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the last five years, attending meetings in the commission and the arts commission, and the board of supervisors, and the respect that people pay to the public as far as their ability to participate in meetings to make public meeting and to make the public records is ludicris and part that have responsibility falls with you, the city employees know that if they want to withhold the documents from the public because it is going to make them look bad and because no one in the city especially this commission is going to do a thing about it. and you are going to come up with 150 records and in fact, mr. saint croix had to be defended in the superior court of california and just recently by a lawsuit by allen grossman for withholding records, about the sunshine ordinance, which clearly states, that any
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communications between the city communications and the matters regarding, open government issues cannot be hidden from the public uppeder the patient, and where the attorney, public privilege and the ruling came out, and it agreed with the argument and i think that reason is that the city attorney instead of being the kind of person who expects the city employees and departments to follow the law wants to allow them to do whatever they want and then wants to advise the bodies how to avoid giving documents to the public which would expose it. and like i said, i fought with herrera and that man is an intelligent man and i knew that the documents that i was asked that we are asking for and were disposal under the public record's act. and they fought me repeatedly
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over the public comment. and i have at least eight in finding them in violation of the law because they didn't like what i say because i think that you can understand it because i am pretty clear, but i will say one thing for me, that i can't say that for a lot of people on the boards or commissions, and i will look you in the eye and say that to your face anything and i would not say it behind your back, but my impression is that you sit there and commission and any comments you wait until we are gone and you wait until we are gone to make them. >> >> item 8, i will hear a motion to ayearn. >> and so moved. >> and second. >> all right. >> comment on that. >> all right. all in favor? >> aye. >> meeting is adjourned.out.
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turn off all of your cell phones, and thank you to sfgov, tv and for everything that they do for making this. we will start with roll calls. >> naomi akers. >> here. >> and tan. >> here. >> lee. >> here. >> hyde. >> here. >> and par es is in the process of being reappointed and he is expected back on november fifth. >> great. >> so with have, a relatively short agenda today, but i think that we would like to entertain
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some changes to it, so. >> i would like to move the permits to number three and after review and approvele minutes and then not a ton of permits so it should be an easy move. >> so move item four above police department comments and questions. >> and i believe that we would like to change what is currently to the first item to be heard. >> and and make it 3a. >> 3a >> okay. >> do we need to... if we could take a vote on that? >> yeah, we do. >> a vote on amending the agenda to reflect those changes. >> acres. >> aye. >> hyde. >> aye. >> lee. >> okay. >> tan. >> aye. >> campagnoli. >> aye. >> and so moved. >> so let's move on to the first israel
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first item. to general public comment. is there anyone that would like to make a statement to the commission. review and approval of the minutes, from october first? >> >> i move to approve. >> a second? >> i will second it. >> okay, to approve the minutes. commissioner acre? s >> aye. >> hyde. >> aye. >> joseph. >> abstain. way was not here. >> lee. aye. >> campagnoli. >> aye. >> and president tan. >> aye. >> great. moving right along, so we move up the hearing and possible actions regarding applications for permits and the first one to be heard and david bill doing business as mccoppin hub? >> this is an interesting
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proposal. they have applied for a loud speaker permit for the entire month of november and this would allow them to have sound from ten a.m. to ten p.m. every day in november and that is why we are bringing it to the commissioner and we will handle the permit in the office and because it is so unusual we will bring it to the commission. and david, bill will be at this, and hearing on october 24th and so any action that you take tonight is pending the passing, you know, making so that it will take effect if it works for him? and so there has been a great deal of community support for this project and southern station is flat out reluctant to grant this for those hours what they have suggested is doing a trial period for the first week and so november first to the 7th and then if there are no problems, or no complaints, moving forward for the rest of the month and not making them come back to the
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commission. so that is the word from southern station and unfortunately the officer cannot be here tonight but that is what he has expressed and so we have the mayor's office of economic development ken rich is here and also to talk about it and if he has questions but i think that we will have mr. bill come up and tell us what he has planned. >> how are we charging for a permit for 30 days? >> that we were going to do and this is a rough one, we were trying to see if we could make it like a limited live performance, since it is only going to ten, but because the limited live performance required to be in a contained space and there is not a real physical address to it? >> was there a legislation passed that it could be outdoors? >> and contained space like a patio or like a backyard. >> this is a street.
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in the past we charged the one fee and so this will be the one fee, $498. >> how much is a limited live? >> it is $495. the same price. >> okay. >> and okay. >> so, that is helpful, thank you. >> mr. bill? >> do you want to come and address us. thanks for having me come on. i don't know how this goes. so what i can do is just give you ageneral sense of what is happening and go from there. >> what you are planning to do and why you are planning to do it. >> sure. >> i was brought in to the conversation with alta grid and, he has been hosting off the grid, and on tuesday nights
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in mccoppin for a while and with the construction parts coming up in december or january, that is taking place in the hub and he thought that it would be a great idea to activate that space ahead of time so to get the people excited about the transformation and begin to see what kind of programming could take place in that area. and so, matt put me in touch with them and the office of economic development. >> and through that, through her kind efforts she has been helping me sort of figure out how to get a sense of what it will take to make that happen and put me in touch with the right people and getting the physical sponsor ship which i have and being able to line up the program and the goal of this is really to take the month of november, and as an opportunity to bring in the variety of programming which will range from workshops, and classes, to yoga at lunch to
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retail markets and obviously off the grid. and really see what brings the people together and have the art installations that could be in place that you know since it is a bike thorough fair going down from market and down valencia street and getting the bikers to get off and taking our engagement with that space and having an interactive element to the art as well. and so if the workshops, and beds, and coupled with the art, and i felt like it would be a great opportunity to get the people excited about that particular space as well as begin to document, what brings people in, and what kind of events are the people excited about and turn that data into the city. and so that it can be used after the construction is completed in may and right now, where it stands, is going through the permit process like this to see if we can get some outdoor, audio, and with that, the audio, it is meant to be for, you know musical performances and it is not from ten a.m. to ten p.m. every day.
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and it might be that a band wants to play, or there might be an event that would like to have, some soft music playing along with it, like it currently does have and so the opportunity like that and it is not like a constant and a movie night on friday nights, you know, having movie be family friendly and insuring that there are things that would not be appropriate in the public sphere like that and that is sort of what i have been thinking and i lot of it is open to the public and what kind of events do they want to come in and me playing kuratr and this sounds appropriate and making sure that the sound is appropriate for the neighborhood. and understanding that it can't be too loud or too consistent and to be respectful for the folks around the area. >> great, i think that there is probably a bunch of questions.
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>> could i kick it off by just asking, you said that it is based on public demand and what their interests are, and what sort of basic process would they community to you and i want to see a live bapd and a movie, and what would that turn around time be for you to get that programming set? >> sure. >> right now as it stands, there is a google form and the people submit their ideas in the form and then i guess that it is the process of setting up the schedule. and it is not too complex. and i think that it will also come around, like, what the timing is, and what their request is, because i want to make sure that it is being respectful to the community and number one the audio. and so, that is really the process right now and so we are looking at the schedule and i see that it makes sense and it is working with the community partner to say okay, on your end what is good for you and what is not. >> okay. >> i think that i saw, over here. >> okay. >> let's just go down the row. >> commissioner akers? >> i am confused about where
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physically the speakers are and the actual activities are because right now i am looking at the picture of the mural, which is usually the bicyclists come up here and then there is a bike path here. >> yeah. >> and you have another question after that. >> and then, i mean that i can project that if you want. >> that will be great. >> okay. >> that is nothing. look at how clear that is. and basically, i apologize and i did not really have any materials. and that the red little box that you are looking at that is along the fence. >> and the freeway is coming down the bottom and then that is the fence that is at the uhaul is on the right and so the idea is to put a container there as a storage unit and have the stage... >> like when you say, there, where?
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>> so off, by the red truck? >> yes, the stage would be like right in front of the red... >> okay. >> the shipper container is the idea. >> and then the stage in front of that shipping container, and then, the street itself, is valencia right there. >> and so this will be back here. >> okay. >> and then the av would be set up right by the stage. >> and my second question is because i am confused that the out reach was part of that application process and if it was what that looked like and if you talked to the bicycle coalition at all considering this is a bicycle path? >> sure. out reach, has been reaching out to the local companies and basically saying that this is what has been planned and every that i have spoken to or with, has been excited about it. and as well as reaching out to the local neighborhood watch, and residents. and then they have been notified and then a few of them have mentioned that they will try to show up tonight, and i
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have not heard any concerns through any, there was an e-mail list and i have not heard any concerns from them from that regard. what was the second question? >> so the neighbors. i mean the neighbors and the bicycle coalition. >> the bike coalition. >> and yeah. >> and i have been in touch with the bike coalition, and they have not gotten back to me. >> okay. did you talk to any bicyclists in the neighborhood, and just... >> i have not stopped any bikers, but considering how i use that bike path as well. and i would like to see it. >> and the immediate neighbors? >> the immediate neighbors, and i mean that everyone that i talked to has been, supportive of this effort and that has ranged from people who i have noticed who are hanging out in the area to the residents and to the local companies, as well as the e-mail list fl >> and the residents. >> and the resident e-mail was
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on. >> okay, those are my questions. >> great. >> commissioner hyde? >> so, okay, i just want to talk to you about the ten and the sound and stuff like that. because i understand that you have talked to neighbors, but my experience with other off the grid experiences in the city is that we do get a lot of complaints about noise. i don't know how aware they are of it. but, we definitely get a lot of complaints about off the grid, and just because of the way that their sound is placed and stuff like that and so if you do get a permit. you are going to have to really look at the way that the sound will echo there and reflect off of the buildings and stuff like that because that is something that you have no idea how much it will, amplify, and ten might be a little bit too late for certain kinds of music.
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so maybe, experiences so maybe we will have to limit it like, no live bands or djs after 8:00, maybe a film would be okay. and so, and then, you didn't actually have, like so, describe the way you your community out reach was done. like, explain to me like the steps you took to engage the community around there. >> so it was two-fold. one, i have been speaking with the different propry at therses for the last three or four weeks letting them know that this is something that we are happening out and then, the e-mails and i have been in touch with the residents and i have been i have met multiple times with the neighborhood watch leaders and then, i e-mailed a bunch of them and all of the information of what was going on and blasted out to the e-mail lists, a few times now, about what is coming up. >> and what about the out reach to the people in this build
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