>> 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. >> >> president loftus, i would like to call roll. president loftus, commissioner turman, commissioner mazzucco is excused. commissioner hwang,

commissioner mall era, we have gregory suhr >> thank you and welcome to october 7, 2015, police commission meeting. we have been dark for a few weeks. >> item one. adoption of the minutes action july 22nd, august 5th, august 19th, september 2nd, september 9th, september 16th. >> colleagues you have these in your packet. >> i move for adoption. >> second. >> all in favor say, "aye". >> aye. >> any opposed? motion passes unanimously. >> next item.

>> item two consent calendar. police commission report of disciplinary actions third quarter 2015. >> on the consent calendar. i'm going to focus on the police commission report for the third quarter. any questions on this report? do i have a motion? >> i move to accept the report. >> second? >> second. >> all in favor say, "aye". >> aye. >> any opposed? item 3, public comment the public is now welcome to address the commission regarding items that do not appear on tonight's agenda but that are within the subject matter jurisdiction of the commission. speakers shall address their remarks to the commission

as a whole and not to individual commissioners or department or occ personnel. under police commission rules of order during public comment, neither police or occ nor commissioners are required to respond to questions. public speaker: my name is herb ert weiner. the law is absolutely -- why can't pedestrians and other automobiles. it's crazy. laws have to equally apply to everyone. now, i have a riddle for the bicyclist. suppose they yield and go to the red light. some drivers, the light is green and he has the right-of-way and he

kills him. a lawsuit maybe filed but it doesn't make sense if you are dead. you can't collect posthumously. the other thing, this is crazy. if i am a pedestrian and a car hits me, that is equally wrong. it has to apply to everyone and actually the bicyclist are actually putting themselves at risk for this idaho law. i don't know where it came from. i wish it would go back under a rock. i would hope the police are caught in a dilemma because they are caught between political forces. this is clearly a wrong headed idea and i wish to file my protest. thank you. >> thank you, sir.

that matter is before the board of supervisors currently. thank you. good evening, next speaker. public speaker: you are unbelieve avenlt -- board of supervisors want to we can't do it without help from the public. somebody knows something. i'm with you, but let's go to another topic. i get jetlag. i flew back from boston today. i was at the police commission in boston. commission evans. they call him a commissioner.

they don't call him a police chief. congratulations. i heard you got married. i hear everything out here. we have a lot of things going on in san francisco. our homicide, where are we now? 41? about that. i could be wrong. boston 64. new york 144, philadelphia 311, but the good things, a lot of good things are going on. teresa, i'm not really a bad guy. yes, teresa, i'm not really that way. >> you have to address your comments to the whole group. >> huh? >> address it to all of us. not anyone individual. >> go ahead. ms. brown. it's on you. >> next speaker?

public speaker: hi. my name is paula brown. i would live to use the overhead. i'm here again concerning my son. who was murdered august 14, 2006 , to a semi automatic gun. i would like to use the overhead. did you start my time over?

can you start me over? my time? again, my name is paula brown. i'm here concerning my son who was murdered august 14, 2006 , to a semi automatic gun. 30 rounds of bullets left inside my son. until this day there is no closure. i am seeking justice and seeking we implement a place for these flyers like these can be in a permanent place. i have to go out in front of city hall to scream and holler concerning my son. it doesn't feel good doing that. i again had to corner another

mayor, ed lee to talk to me and he slammed the door in my face. that's really hurt my feelings. under the circumstances -- it's been 9 years. i have never done anything to him. it says here, paul hennessy says that he's arranged meetings through him to meet with ed lee. paul hen sonhas never arranged a meeting. the reason why i came to mayor ed lee is because i happened to be in front of the building. mr. hennessy wasn't very good at saying why are you here? who invited you? i don't like being lied on. that's another thing. i'm a mother who is grieving for her son and i wouldn't lie on

nobody. i don't want anybody lying on me. it's not that i hate mr. whatever his name is. i don't think he should have said that in the newspapers when it was a lie. i never did that. i never said that. now, what i will say is gave in news som said he knows who killed my son. the d. a. knows who killed my son. what are we going to do about that. i also fight with other mothers and father. this is what i'm left with. he's in a casket. we need new venues. not the pictures. put it at the bus stop so they can see who they murdered. maybe the crimes will stop then. >> thank you, ms. brown.

>> is there any information regarding -- there is a tip line. thank you, ms. brown. >> next speaker? public speaker: yes. how do you do this? my name is chandler, the mother of yalani regarding a homicide. i would like to acknowledge and thank the board of supervisors for bringing the initiative concerning the reward. i'm truly thankful for london breed acknowledging that. the mother, the hebrew nation is out there protesting and there was not a program established concerning

the rewards. because she see's us constantly out there. there were two hebrew boys murdered january 9th. this is the result. we are not out there to form a fashion, but we would definitely like to see the results concerning these african american children. the next item i want to bring to the table. i spoke with chief suhr, i received a ticket a few weeks ago saying that i did not stop at a stop sign which wasn't true. the police officer did falsify the document by inventing a street that me and my daughter, 24 was no where around. i'm asking you to look at the ticket and investigate the police officer and find out why did he falsify this information and i'm looking forward to going forward and making sure that this particular

homicide is definitely solved so we can go forth and continue to fight for these african american children and thanking the hebrew nation to understand and paulette brown being here. no other organization has come to fight for this initiative for the reward. no organization, none of the religious institutions. it's basically been the hebrew mothers and paulette brown. i also want to speak in regards to the request to speak with the mayor or meet the mayor. we have sent in e-mails and made phone calls and knocked on doors and have not been able to meet with the mayor of san francisco. we choose to meet with the mayor himself as they have acknowledged katie steinle who was murdered at the

whaufr. it's sad not to acknowledge all of these homicide. thank you very much. >> there is an officer looking into the matters of complaint. he's there to help you. is there any additional public comment? seeing none, public comment is closed. sergeant, please call the next line item. it does sound like we are having some technical difficulties. >> item 4 a. reports and announcements. chief's reports. discussion. review of recent activities. presentation of the third quarter 2015 fdrb findings and recommendations and ois investigative summary. >> real quick on the comments made by the speakers of the homicide of ab real. there is an award for $250,000 and we are working with supervisor

breed and the mayor's office to update and/or increase the local ordinance which allows rewards up to $100,000. i know inspector sanders who has the quadruple case. we are actively working on that. >> with regards to recent events. we had the castro street fair saturday, a very large crowd, no incidents reported. we did have one robbery and we did discover a homicide victim over the weekend however at the very other end at golden gate park. we don't believe it is related at all and we are working on this case actively and we do believe we have some leads and i'm not at a little -- a liberty to

discuss that. monday night our officers responded to a car that pinned him and through him in the air over a car and he was taken to general hospital, a 406 which is the most alarming call any officer can care. the officer is down. fortunately the officer, i say only but bad enough suffered broken ribs and no head trauma at all. he should recover. >> did you say there was a suspect in the case ? >> yes, there is three suspects in custody. two of the suspects we would not have gotten were it not for the public as everybody fled the scene and they assisted us. thank you for that.

we can't do it by ourselves. >> do you know if that case is charged? >> i do not. we will follow up on that. >> this is a business week in san francisco and president barack obama has made it that much interesting. it's fleet week. we've been working all week on preparation. we were out on one of the ships earlier this week during preparedness training. the leadership seminar kicked off. the president arrives later on this week and will stay for about 48 hours. we will work with the secret service to provide all the protection for the president. friday night, is the bruce mahoney high school football game. very well attended at the stadium on saturday. we have the 1010 parade. also saturday morning is the graduation of our academy cadet class. the

young folks in college that maybe have an interest in law enforcement we have a couple of csi kids from ll hutch study that they did during the summer, they are in that class. it's just a great group of kids, we are now over 50 akkad cadets that have helped us out. the 1010 parade on saturday and of course the italian heritage parade sunday. blue angels, the technical navy flyers practice friday and shows are saturday and sunday. for traffic purposes if you don't need to go downtown and you can find a place to see it, that's a good idea or take public transportation. also today was walk and roll to

workday. >> and school. >> it was walk and roll to school day. i was escorted by an adorable little six-year-old, sydney. i can tell you all about sydney, she talked to me the whole way. she told me not to cross and if i walked a couple blocks, i could find swens ons ice cream. it was a great morning. really cool. on a business note. the rfp proposal for our body cameras has posted. there is a prebid conference

wednesday october 14th at 10 :00 a.m. at the controllers office at 1155 market street at the large conference room where we will brief any companies interested in bidding on the contracts. as we have discussed as you all take the policy piece down that track, the practical piece, the hardware piece, the software piece is moving down a parallel track and hopefully they will intercept it so we can engage in a pilot as we have hoped by january. and then finally the city actually i'm going to give some props to one of my fellow department heads our terrific human resources director callaghan who accepted the national association for human resources and for conviction review program. the city was

the sole recitizenship i recipient award for the human resources program that go beyond good government. the reason i bring this up is i don't think anybody knew this happened. since this was on tv, i think it's important. some people don't think these second chance things work. the history review program, the police have an unconscious bias and individuals with conviction histories are not denied opportunities to work for san francisco. all applicants who are finalist for employment in san francisco are fingerprinted and those are sent to the department of justice and review any resulting reports for conflict for the specific job the candidate is seeking. the dhr

has received conviction histories of nearly 14,000 final candidates for employment in san francisco. about 1400 had conviction histories and after rigorous reviews a vast majority were cleared from their performance and only 27 of 14,000 finalist were ultimately disqualified from employment in specific jobs they applied for which represents.002% of the total candidates fingerprinted. really cool and nice to be able to accept that. kudos for a city for a second chance program that works. >> wow. that's great. thanks for sharing that. >> that concludes my report.

>> any questions for the chief? commissioner hwang? >> about the body cameras. it includes the cameras in storage cost? >> yes. >> if we were to change the policy from 1 year retention to 2-year retention. i wonder if it would affect the bidding process at all? >> the more data we have to store, the longer we have to store, the changes to the cost dramatically. >> if one company that say the cameras are cheaper but the other ones, the cheaper storage would our policies still with considerations want one or two 2 years for the bidding process in terms of their policy? >> if another company had a

better storage plan or what have you and then of course the minimum requirement is it has to be stored a year and then obviously any data that's attached to a case number whether it be civil or criminal or administrative at the occ, that would be stored far longer than even 2 years. so that the questions really how long do we store the data that is not at issue in anyway shape or form would you keep that for the one 1 year that is the main staton filing for civil cases and administrative cases and the like and/or would you keep it for two and/or would you maybe keep it for one and keep the difference obviously indefinitely because they would have to be kept until all appeals were exhausted. >> thank you. >> commissioner dejesus? >> is this going out to bid as

rfp's? >> yes. >> thank you. >> that is what this is. it's a referral for proposal for anybody to come and meet whatever the specs are. >> for all of our twitter followers. we will be tweeting a link and maybe the chief has more information. >> i have to ask at our next meeting on body cameras for the department to break down the difference on the 1 year retention time for storage versus 2 years because what commissioner hwang is alluding to there are areas and one of those pieces is probably variable if you think about if you had to keep an extra year of storage. that should be something that does not directly affects the policy but we want to be aware of it.

i think it's going to be presented at our next meeting. >> it will be in the proposal, but it literally compounds. so whatever you have for the first year for two, then the next year is four and on and on and on. the cost of data storage over time pyramids pretty quickly. >> that date october 21st. not our meeting, the meeting about the cameras? it's the 16th. the meeting with the rfp's with the cameras. >> no that meeting is wednesday the 14. >> okay. i had a question for the chief. homicide to date? >> 39. >> where were we this time last year? >> i believe we were about in the ballpark of 35. i don't remember exactly, i'm sorry. >> okay. got it. any other questions for

the chief? >> i have to remind you last year was a record low year. >> any questions for the chief? okay. sergeant please call the next line item. we need to for a presentation fdr findings and recommendation. >> good evening and welcome sergeant.

>> thank you. president loftus, commissioners, my name is sergeant john from the police department internal division and i coordinate the officer involved shootings team and investigations team. i will talk about the firearm discharge review board and where we are with the officer involved shooting investigations. our last firearm discharge review board had convened july 1, 2015. that was the second quarter. it reconvened tuesday september 22nd and there were 4 cases the board reviewed which are oid, 315 and oid 415 and ohis 13005 and ois --

deputy chief alley and deputy chief redmond and tom were there and the acting deputy chief was from the airport bureau. the advisement commissioners were present. director hicks and acting captain brekoni from risk management. i will give you an overview of the cases we looked at. oid occurred on the 1400-block of oakdale. this case approximately 1818 hours, uniformed officers from bayview responded to a residence on the 14-block of oakdale responding to a 911

call. voices were heard. the officers responded to investigate. they made their way to a resident and a pitbull emerged and ended up biting the officer on the hand and buttocks. the officer fired shots at the dog and the dog expired. oid 00315 kuld july 27, 2015. fulton street between larkin and hyde. about 1844 hours the police were patrolling the area and observed what could be a narcotics transaction and began to approach the subjects

involved. as they approached the suspect released the dog and the officer retreated. the officer drew his weapon and retreated until his path was blocked by a vehicle. he then fired at the attacking dog and the dog sprintd away and recaptured by it's owner and take by animal control. that was in the policy. there were two ois reviewed by the board an officer involved shooting occurred on april 7, 2015. which has you may is right by mission station. at approximately 2:00 a.m., the officers responded to that area regarding a large fight that was occurring and said there was

one subject with a gun. there were at least ten males and officers pointing one hand at the persons involved at the altercation. when the officers moved with a clear and asked the suspect to comply with the gun. the officer fired and the suspect was hit and taken into custody. a second person involved in this altercation was also struck. this shooting was determined to be impulsive. the other officer involved shooting was ois between larkin and oh farrell

streets. this occurred at approximately 2211 hours. the officers heard a series of gunfire. as they pulled up northbound larkin, the officers got out of the vehicle and saw a subject who was on it would be the eastbound side of oh farrell shooting westbound down oh farrell. they saw another person running down the street from the line of fire. one of the officers fired at the suspect and he turned around and fled eastbound on o'farrell and apprehended after a short foot chase. two people were struck and 1 person was killed during the gun battle

the officers responded to. that was determined to be impulse. >> there were two people hit that the officer responded to. not involving the officer. they were shot on oh farrell street. the officers responded from larkin street. it was west of their position. >> thank you. those were the 4 cases reviewed and the next attentively scheduled as the holidays are coming up. tuesday december 22nd. >> no holidays for the police commissioner. >> we are scheduled for tuesday december 22nd to go with the

next fdrb. >> i will give you now an overview of where we are with the officer involved open cases. the last time i appeared was august 5, 2015. since that report, two 2 cases i just covered both of them, ois 130005 and 13007 have been presented to the frb signed off by police chief. reports prepared for the police commission. one is in editing. you have one and the other one is on its way. and all the other pieces are completed. these will be removed from the list. and since my last time i appeared, 2 cases opened. one of them if you recall occurred between the time the

reports were prepared and i appeared. but officially it's now appearing. o is 15005, 15006 and you will hear about those later in closed session. both occurred outside of the city. >> sergeant, both of these cases were from 2013, the two that were just closed? >> yes, ma'am. >> that happened about 2 years. >> yes, ma'am. >> how are we doing on timing on the ability to close cases? >> it continues to be approximately two 2 years at the current rate. >> sergeant, can you do me a favor, can you find out from regional colleagues how long it takes because i'm such a broken record on this. it seems to me now especially with the officer involved shootings and the issue of transparency and the

constant justice delayed, justice denied. if you can survey if we are out of the norm because it feels like an awful long time. joe says we are getting better and i know i'm not saying this to you because we are waiting for the d. a.. >> it's interesting that our last two ois occurred in the county. those will both be the criminal investigation and d. a. review will be in that county. >> if you can find out. maybe i'm just overall concerned and somehow we are outliers and we can look into it more deeply. >> sorry, eye -- i have to back up here. i will do that. >> thank you. >> okay. so, for summary of the current

open ois cases, there are 13 right now. they are in review with the district attorney of san francisco and we are waiting charging decisions in these cases and the corresponding sf p.d. administrative pulls. we have one investigation being the officers of san mateo and waiting for information from san mateo and corresponding administrative investigation is tolling in that case. we have one that you will hear a little bit later today under investigation by the san mateo department. active investigation. year by year, at this point we have 2 cases, again 13005 and 13007 that have

closed. it will disappear from these list as an open case. two remain open from 2013. that's a 003 and 008. the oldest 003 occurred march 15, 2013. we have currently 7 open cases from 2014 along with the d. a. waiting charging decision. so you have a list there. >> sergeant, can i ask you a question because you said something as many times as we have this conversation. you say while we are waiting and these cases are being evaluated by the district attorney, you in your internal affairs cannot dough an investigation into any policy violations or anything that would happen? >> technically no. we just can't finish it.

we can't conclude it until that last piece. >> it doesn't come to us. it could end up needing a hearing. there are tolls and you have done your investigation or that ultimately the resolution of the administrative side. >> right and you have seen how it's worked out where we are able to get the final declination letter and usually ready to plug in these last pieces and we get it finished in a matter of weeks. all the interviews are done. the tolling applies to really -- >> the statute of limitations. >> right. >> in 2014 we have 7 cases open waiting

charging decision. 2015, there are three 3 cases with the san francisco district attorney's office waiting to charging decision. one 1 case with the san mateo county, district attorney waiting to charging decision and 1 case active criminal investigation in san mateo. that's where we are at. >> great. any questions? commissioner hwang. if it's inappropriate let me know. one issue we are discussing are body cameras is officers giving voluntary statements post shootings. what impact would you see if the officers were to invoke and not give voluntary statements. how would that impact your investigation and i know that's slightly different but i wonder how it might impact.

>> i'm going to stop here looking at the city attorney because that matter is not agendaize tonight. i have asked sergeant and commander chaplain and i'm going to ask someone here to discuss this when it's agendaized. i don't think we can talk about that now. i'm looking at the attorney. >> to the extent, it relates to the officer involved shooting so you can answer but if it's about the body cameras, it has to be agendaized. >> to para phrase how we might state the process? >> your investigation. you have the officers statements? >> i think just real quick, the

biggest way that it would really affect the administrative investigation is i can see big problems with getting closure on the criminal investigation. i will get everything in a compelled statement i would get the statement but i wouldn't be able tro provide that to the criminal investigation. that would be something they wouldn't be privilege to, they wouldn't have access to. for the criminal investigators, to get the information that i would have by a compelled interview; they would have to find some other way. we don't have that process. >> okay, thank you. >> any other questions for sergeant crudeo? >> i was going to ask for clarification, whether they are involved or not you can compel

them but time wise you can't get it quicker? >> no. in a criminal investigation, that officer just like everybody else has every right to invoke his rights. in an investigation the officer doesn't. i would order the officer under the threat of terms -- termination would have him provide that information. but that information capital be -- cannot be used against the officer. anything acquired in that manner and i would have to order the officer to answer, i can't, i can't provide that to the criminal prosecutor. so they are going to have to get to that information in a completely different manner. >> if it's voluntary, it's different. >> yes. if it's different. that's how the process works.

our process now is they confer with their attorney and determine what their best course of action is and typically they provide a voluntary statement to the criminal investigator and then there is a subsequent statement. our criminal investigators don't get but it's made to ia. >> vice-president turman? >> you answered my question. i was going to ask for the voluntary of the statement. since i have this moment, i'm going to ask another question and deputy city attorney cabrera will tell me if i'm off topic. so i noticed on the coverage of the daily picture. does one have to have it -- >> i'm certain it's not on the

agenda. i'm going to exercise my rights. sergeant crudeo, thank you very much for your presentation. thank you. >> okay. sergeant please call the next line item. >> item 4b. occ directors report. >> review of recent activities. >> good evening president loftus, commissioners, members of the public. occ is in riverside attending the conference. the national association civilian oversight of law enforcement. she will be back on friday. the report will wait until the next police commission meeting. she will give it. thank you very much. >> okay. any questions for ms. franco? okay. thank you. >> next line item. item 4c, commission reports and

commission presidents report. >> colleagues, i have two things to discuss. we have our next body camera community meeting on the 21. the third wednesday when we have the community meeting at 6 :00 p.m. at the salvation army crock center. that's for fellow commissioners and members of the public who are watching. that is also up on our website. that will be our last and second final meeting. for folks interested please join us at that meeting. that's in the tenderloin. and we are scheduling out the rest of the process. for everyone's planning purposes, we are dark the following week and come back on november 4th. the plan for that meeting is to allow us time to have the discussion without having action but having time to have

some experts here. sergeant is going to work to walk through various issues are in the policy. but it is our recommendation and i'm interested in feedback where we don't actually vote because my sense from all of you is you want some time to think through and ask questions. the trade off for that is that we have the meeting on the fourth and discussion but no action. certainly the public is welcome to come. given veterans day in the middle of value or, we don't have another meeting in november. it kicks up to december 2nd to actually vote on the policy. i'm interested in thoughts bortsd in discussions with the commission staff and a sense of how quickly we'll be coming off the hills of the last committee meeting. that's the thought. if there are other thoughts, i'm certainly open to

this. >> commissioner hwang? >> with the rfp process? >> chief, do you want to answer that? >> the rfp process, i think you need to do your work exclusive of that process. the contracting process is going to take as long as it takes. >> the other reason we've taken this approach is we are not on track. if they start theirs before ours, it's going to be years before we get them. what's probably going to happen again if we have this discussion on november 4th, we are able to answer questions, give some direction and we finally vote on december 2nd, that vote isn't even final yet because it has to go to the meet and confer process and it will come back to us for final adoption. i think there is a time where the process and i know sergeant is aware of

where we are. >> when you were talking about this earlier, it will just depend on what you decide. i apologize. i missed it. >> it seems everyone is comfortable with that schedule. i know i'm pushing with how fast i'm trying to move this. we'll get the issue on the draft policy and we'll have until november to do what we need to do and vote on december 2nd. we are getting the commissioners website. get excited. that's going to be coming and we will launch it and you will be able to get biographies. colleagues, any reports from

you guys? okay. sergeant please call the next line item. >> item 4d, commission announcements and items identified for consideration at future meetings actions. >> colleagues, i will remind you next week, this is domestic violence awareness month. our next items on dgo and number of certificates given to our partners. other things that are coming up in the near term? commissioner hwang? >> i think next friday october 16th t agency officers is having their scholarship dinner and i will probably attend that. i understand from supervisor jane kim's office that next tuesday at the board of supervisors meeting they maybe honoring officer patrick kwaung of the tenderloin station for a life

saving event. finally on october 24th, at the square. it's been an annual event for the last 5 years. great. anything further on that? sergeant, please call next line item? >> public comment. >> any public comment on the items that we just covered which are specific to items 4 a through d? public speaker: i got an interview for ets.

when you look into this. the police department -- and i do think that at these stations need to be as you know i don't think to have the contest in 2006 and 2009, but i do want to go ahead and start to come up -- and working with the united states and meeting because i think these injuries are happening because there are people that don't think there is love

and that other things are being forgotten because some people that hang on their efforts. -- a new progress and make sure that everything is safe. our children and every event

and issues any ways in a new chapter. that's the reason why the things are happening with the police department and with everything real issues. it's more progress in each area and that's why i need you know -- >> thank you.

>> further public comment. welcome ms. brown again. >> [video] it is quite an -- to experience the death of a loved

one. since 2004 san francisco has experienced an unprecedent number of homicides. 60% of the homicide victims are

people of color. their loved ones living in neighborhoods of scarcity have to deal with the crime and violence and other neighborhoods that surround them everyday.

>> and according to london breed for the last six 6 years they have average 50 homicides each year. when you wanted to know how many homicides per year, she says it's about averaging about 50. something needs to be done about it. >> thank you, ms. brown. is there any additional public comment? seeing none, public comment is closed. sergeant, please call the next line item. >> item 5, public comment on all matters pertaining to item 7 below, closed session including public comment on vote whether to hold item 7 in closed session. >> is there any additional public comment? seeing none, public comment is closed.

next item. item 6 vote on whether to hold item 7 in closed session including vote on whether to assert the attorney-client privilege. >> colleagues, i move to not disclose -- that's the second time. we have a second? all in favor say, "aye". >> aye. >> any opposed? motion passes. we are in closed session. >> >> commissioners, we are back on the record. for the record you do still have a quorum. >> thank you, sergeant. we are back in open session. please call the next line item. >> item 8, vote to elect

whether to disclose any or all discussion on item 7 held in closed session. >> move to not disclose. >> all in favor say, "aye". >> aye. >> any opposed? >> motion passes. >> item 9, adjournment. action items. >> so moved. >> second. >> all in favor say, "aye". >> aye. >> any opposed? we are adjourned. thank you, everyone. see you next week. [ meeting is adjourned ] >> >>

>> good morning and welcome to the budget and finance committee meeting and, my name is supervisor mark farrell and i am joined by tang and i want to thank the sfgtv as well as the clerk. do you have any announcements? >> please silence all cell

phones, items acted upon today will be appearing on the october, 20th board of supervisors agenda, unless otherwise stated. >> could you call item one? >> resolution, authorizing the sfpuc general manager to accept an additional award through the sfpuc mlu, with the solano county water agency for the implementation for a regional water conservation program, funded in part by the grant funds from the california department of water resources for a total of award up to $1 million. >> good morning. and chair person, and the members of the budget and finance committee, i am amanda and the administrator with the public utilities commission and i am here to present on item one, part of the background, the board of supervisors in 2012, approved the sfpuc expenditures. >> could you pull the microphone closer. >> 863,000, to support the high

efficiency replacement program. they received a greater number of toilet installations and eligible for the reimbursement and several of the 13 agencis that also received the round one grant funds, did not achieve sufficient, customer participation to extend the total grant awards and these unused funds are what were provided to the agencies that exceeded the target, as a result, eligible receive an additional 123,000 in unused grant funds, these additional funds will further support the water, conservation program, and helping customers replace old, inefficient toiletwise high efficiency models. >> this agreement, and the sfpuc will be awarded a total of 986,000, with reimbursement for high efficiency toilets, i thank you for your time and happy to answer any questions. >> supervisor tang? >> thank you association much and we think that this is a

great program for the city and i was wondering if you could talk about how the out reach as gone in terms of san francisco and i know that it is very successful. but just curious as to the work that pc does to reach out to customer and let them know about this program. >> sure, as originally targeted at the puc customers on the assistance program and receiving a discount on the water and waste water rates. so we reached out to them since we have the customer information through notices on the bills, and direct mail and notice and things like that and they we broadened the program to also work with the mayor's office of housing to target the affordable housing properties throughout the city. >> great and once the grants are exhausted, are there, i mean does the puc foresee this continuing, and or, other future grant opportunities, i mean, again i think that it is a great program and i hope that it will be able to remain in san francisco. >> definitely, so we are continuing the program, and we

actually just launched a different version of the program, for the municipal, facility and buildings and targeting the old fixtures that remain throughout the facility and that is going on now and we are working with the department of public works on that. and in 2016, we are also launching a revised program that will be eligible all of the customers both residential and non-residential customer and trying to target those fixtures. >> great thank you so much. >> could you consider the important. and mr. chairman, supervisor tang and on page, 3:00 of the report, we report that the total budget of the puc high efficiency toilet, installation program is $5.2 million and which $86,000 will be reimbursed by the grant funding for the california board of resources and 4 million, is for moneys previously appropriate ated by the board of

supervisors, from the puc that were enterprised operating budget and that is shown in table one on page 3 of our report and we recommend that you approve this resolution. >> okay, thank you. >> seeing no questions we will open it up to public comment, anybody wish to comment on item one? >> okay, seeing none, public comment is closed. >> all right, would the chair like to make a motion to send forward this resolution with a positive recommendation to the full board. >> okay, we can take that without objection. >> madam clerk, could you call two. >> the resolution, authorizing the lease of real property, located at 598 portola drive for the initial five year term for the base rent of $100,000 a year to commence upon the approval of the board of supervisor and mayor. >> good morning, honorable committee chair, and supervisor tang i'm the assistant director of real estate. the resolution before you and for your consideration, involves a five-year, lease with one five year option, for

a local small business. twin peaks, also known as twin peaks auto care at 598, portola at the top of the hill there. which has been owned and operated and managed for over, 30 years by the current tenants nancy and michael, and which is basically a community, servicing serve station. and i have would like to thank the budget analyst, office for their thorough report, in which mr. rose's office nicely summarizes the history of this city's use of the property which i will not go into today. however, to say that the station is one of the few remaining independent, gas stations in the city, and i think that you will be hearing from the tenant and his supporters who will say that it is a neighborhood institution. and serving the community as both the gas station and a service garage. the existing lease, expired on june, 30th, 2014, however, lease negotiations started back

in 2013, when an appraisal of the site was performed. the small business has been continuing on a month to month, hold over tennessee, tenant at their risk and the prior rent was 45 per square faout and it has increased to 68 cents per square foot. and which an additional 3 pernts percent year rent adjustment, this is fair market value. >> the analyst report correctly points out that the base rent in the first year of this new lease will be less, than the per month rent paid under the lease, because the actual, square footage of the site has diminished by approximately, 501 square feet, and the tenant had asked us to go out there and measure it due to right-of-way and other

improvements made by the city on the property. and plus the price per square foot has actually increased two times the original, base rent of the lease and approximately, around 30 percent, greater than the first square foot rent in 2004. the new lease, also provides an increase of $40,000 and a security department to $50,000 and increased in insurance. and while the city and tenant quickly came to an agreement on the rental price based on the appraisal, the initial condition, including the banning of tobacco products were a pivotal, for the tenant and the negotiation his to continue based on the new conditions. the real estate agrees with the budget analyst recommendations the first two and has provided an amended resolution to you with additional language, including making a finding that the competitive building,

procedures would be impractical for several reasons, including in light of the existing zoning and that the tenant is a successful local, business which actually owns the tank and the lines on the property. the service station is grandfathered in but would not be allowing the ois under the current zone. >> also on the second recommendation and adds language regarding the city administrator, conducting with the real estate division and the other city department to identify the property, including this one, under the city control to determine which property or under utilized and set forth, excuse me in san francisco, code, 23 a. with the additional language, real estate believes that this relatively short term lease, considering the use as a small business, and gas station,

should be approved, and recommends that the committee amend, or adopt the amended res lieus. aous resolution. >> okay, thank you very much, and seeing no questions at this point, mr. rose why don't we move to your report. >> mr. chairman and supervisor tang. incidentally, i am at the last comment, the short term and this lease is and five years and five year option, and it is ten years basically. and on page 5 of our report, we note that based on the reduction of 501 square feet, and 499 net square feet and based on the 2013 appraisal, the proposed annual rent of $100,000 is approximately, $6.96 per square foot per year. on page, ten of our report, we

note that the 598 parcel contains the only privately owned gas station located on the city owned property and the east for the gas and convenience store and garage has continued for the past 43 years, since 1972, without any competitive bidding since the original, establishment of the station in 1972. and under initial five-year lease. was completed. furthermore the propose ad five year lease with 1, five year extension option will be awarded without under going, competitive bidding process. in accordance with the code, 23.33, all leases of the city property result in more than 2500 per month in revenue must be awarded in accordance with the competitive bidding procedures, unless such bidding procedures are impractical and impossible and we explain the reasons that the real estate

department has stated wie they are impractical or impossible on page 10 of our report. >> as the department, indicated and mr. up dike advised us, they have received, the significant, community support for the continued city lease of this site, with the existing gasoline station operator. there is only one gasoline service, there is one gasoline and service station located within one mile driving distance and there is outing west of the subject lease property at 800 street, and there are six other gasoline stations located in two miles and, that is 2399, 19th avenue, and 2000, 19 avenue, and 1855, taravil and mission street and 2399 market street. on page, 11 of our report, we know that the proposed new

lease will continue the grandfathered use of the gasoline station which is not confirming that the public, zoning of the property. and without competitive bidding, the budget and analyst office has insufficient evidence to conclude that the current non-conforming use of the site is highest and best use in serving the best interest of the city. the proposal leased will be awarded based on a 2013 appraisal. without cost limited adjustments over the past two years and will be awarded without the use of a competitive bidding process. if the board of supervisors decides to approve the proposed new lease, the board of supervisors is required to make a finding that competitive bidding will be impractical and impossible that it is in the best interest of the city to enter into the lease, based on the direct negotiations with the current operator of the gasoline station without a competitive bid process. >> the recommendations on the

bottom of eight, we recommend that you amend the resolution to make a finding that utilize the competitive bidding would be impractical and impossible. and we also recommend that you amend to urge the city administrator to work with the director of real estate for the highest site and, to conform it for the highest and best use and we consider approval to be amended to be a positive matter for the board of supervisors. >> thank you, mr. rose. >> seeing no questions, why don't we open it up for public comment, i have three speaker cards and i have george, and joseph, and migal and if there is anyone else, come forward everyone will have two minutes.

special almost, like iconic in the neighborhood and it is the last gas station and it also carries the name of the twin peaks, which identifies as the surrounding area. and so, everyone uses this gas station in the area and i think that it is the best use of the gas station. as far as competitive bidding, i agree with mr. rose. it would be impractical to have any other kind of bidding on this site. and there is already been the city presence in effect from bidding in prior years.

starting in the last time in 1994. was it was now bidding at all. it would be impractical i think on the current guidelines and rules in that the city would be trying to build basically homes with the shelter and housing. and i don't think that would be again, as strong a use as a gas station that the public loves in the area. thank you very much. >> thank you. next speaker, please? mr. chairman and members of the committee my name is joe. >> joe, sorry, would you put

the microphone, there you go. >> my name is joe huphreys and i am a long time resident, and the 800 home neighborhood on the western slope of twin peaks, i serve on the board of the home owner's association. both as an individual, and on behalf of the board, i am here to support the extension of the auto care lease, the service stations have become an endangers species in san francisco, and twin peaks is the only one that is convenient for the neighborhood and it sits at an important cross roads and serving much of the commute traffic into the southern and the western parts of the city and downtown. and between those same neighborhoods, and the two major freeways. it serves no one's interest to require that the traffic make a time consuming air polluting and energy, wasting detour to find a service station, which

the, and by eliminating the only, service station that now sits right on that, and on those routes. from a public policy standpoint, the highest, best and really only rational use of that little piece of territory at the corner of woodside, and portola and ais shanasi is to extend the gas station for those who have been serving the needs of san franciscans for many years and urge you to adopt the resolution of approval. >> thank you very much. >> the next speaker? >> good morning, i'm the owner and operator of twin peaks auto care and this is the third time in this chamber. and i have been operating this location since 1985 and so about 31 years.

we served the community, we have 650 cars that go through every day and most of them are from the neighborhood. and there is a mid town terrace or for the forest hills and we serve that whole community. and i have, and we have to ask the customers to sign a petition and i have copies for you, and i have not counted them but we ran it for a couple of months and we have numerous signatures. and i hope that you guys, approve of our new lease. >> are there any other members that have the public that would like to comment? >> (inaudible)

>> any other members of the public that would like to comment on this item? >> okay, seeing none, public comment is closed. supervisor, tang. >> thank you and, thank you to everyone who came out and the real estate department and i do understand that given how far back the timing goes, the gas station has been in place since 1972, i do drive by it. on my way home as well, sometimes. and i know that the budget analyst has made a couple of recommendations which i know that you noted, and so at this time. i am fine with adopting them. and moving forward with the proposal that is before the committee today. which is the initial five-year term, with a five-year, potential for extension. and i do think that right now, the city, i have not seen, another kind of viable, or a better use for this particular small site. and i do like the fact that it

is an independently owned gas station. and so, as part of the amendments i know that the city administrator will work with the real estate department to see whether in the future there may be some other opportunities, that i think that at this time, in order to not disrupt this independently owned gas station, i think that it is fine for us to approve this particular item before us today. >> okay. >> mr. chairman? >> yes, mr. rose. >> i just wanted to clarify one thing, on the recommendation >> the budget and analyst has not concluded that it is impractical or impossible to bid. we are stating to the board in order to approve this resolution, it is a requirement that you make a determination and it is impractical and impossible to bid. but that was not our conclusion. >> thank you, i appreciate that clarification. and likewise, we want to thank you for coming out and members of the community and i have

been a customer there. and i understand that the location there, and so certainly, the neighborhood support for it. and i am, happy to accept these recommendations and adopt that finding ourself as a committee. and move this item forward. and so there is a motion on the floor and happy to support it. >> through the chair and again, thank you, mr. rose for that clarification. i think that again, this history of this gas station is something that predates many of us. and so it is a little difficult here. but i think that i find the amendment sufficient here today. so i would like to make a motion to adopt the amendments before us. and then after that approve at mended resolution, and send it forward to the full board with a positive recommendation. >> okay. >> we have a motion by supervisor tang on both item and take it without objection. >> do we have any other business in front of us. >> no further business. >> thanks, everyone, we are adjourned.@púx

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