the first is to mention publically that the fish man's chapel is going to be open to the public an select days at select times on monldz and friday from 11:00 a.m. to 5:00 p.m. historically it's been by appointment only it's meant to be a transcribe button to the fishermen who have been lost at sea and to the pedicab who have contributed to our place. we get a lot of out of town visits and by pure open hours it will be open to the public expect on mondays and fridays for holidays. the chapel is looking for volunteers so if you are wanting to volunteer please let us know. also speaking of fish man's waver our women jackie douglas has been inducted into the hall of fame. and to be a candidate for induction you have to inspire thousands of california i can't understand or take volunteer work for the fisherman waver. she has been piloting a boat and she is now 834-year-old. she's taken 1 hundred and 50 thousand people out on the peer and she has donated her boat to various charities and she's worked tirelessly. she's been to numerous state and federal hearings as well as to congress to testif

the data before you decide. >> okay. thank you to our public defender. at this point i think it's only fair to bring up our district attorney gascon to discuss a few of the items brought up. >> yes, first of all i want to thank the public defender for a very good presentation and i can see why the public defender has done so well for the last decade in front of this body. the reality is that court events are the only unbiased count that we have today, that we can go to see how many times a lawyer walks into the courtroom? as i indicated in my earlier presentation, there is a wide variety of court events and certainly the complexity of the events vary from case to case, but a reality i must underline is that every time that a public defender shows up in the courtroom, there is a district attorney off and on the other side. however, every time that the district attorney is in the courtroom doesn't necessarily mean a public defender is going to be on the other side. let me illustrate for you, for instance in this chart that i have here, you can see going bac

issues not only the public comment here but also the public comment by e-mail and often times even when i get home from my neighbors in my driveway. i will say, that it is not often as a heard mentioned a moment ago that we shift around the shift around the agenda, yes we do change the agenda from time-to-time because of issues that come up. and because it is important for us to be nimble and be able to address concerns and things that come up in an efficient manner we do change the order of things. to the extent that that is troubling to anyone, it is not personal, but i certainly apologize for it. but, there are personnel matters that have carried over that we need to address right away. and president mazzucco made that plain, no one is trying to not listen to the members of the public. we are members of the public and we have sat and listened and our time is... we sit up here and listen to the things you say, because they are important. even when you unnecessarily berate and attack us for trying to be efficient. so to the extent that

i appreciate the public's comment. things like the super bowl are planned for in the event that you need the resources you need to have them. it's better to have them and not need them rather than to not have them because you can't get them there. so, unfortunately the game turned out the way it turned out. officers were pretty much all released before 10:00 p.m. had it gone a different way, i'm sure some of us would probably still be out there. so, it was much like the nfc championship game where it would have gone long into the night had we not had a good plan, the plan was real good, so, again, the officers were home by about 10:00 p.m. after the super bowl there were 25 arrests for public drunkenness and one for setting a tree on fire. the suspect after setting the tree on fire ran in the direction of mission station. so, the escape was not well planned. the wilderness program did a real nice day hike on the 30th for the kids at taylor elementary school. students, teachers, parents and officers participated. we cont

when you came back, i was the only person in the public that was here. last week you did it. you were in closed session for an hour and 15 minutes and i don't know whether you noticed it, but the only people left after that closed session were the people making presentations to you and about four members of the public. if your priority is the concern about the expense of the closed session and the lawyers and so forth, then put it number 3 and let the public know that's your priority. now, i took this to the sunshine ordinance task force a couple years ago and they said, no, they have control over the agenda and, yes, we see what you're saying. there were people who were denied their right to speak, but we can't do anything. i'm thinking about refiling that complaint because now i can show a pattern of behavior, a pattern where you decide to put out an agenda and then at the last minute make a change, go into closed session, and i watch people or members of the public who came here to speak with you, who came here to talk about things -- other things on the agenda. and i watch

eventually, the public got to comment last. if you look on the website there are no minutes of those meetings as the agendas were published and when the report was finally published, it was arranged that the final report had no mention whatsoever anywhere including in the table of contents that there was a whole section that they had intended to include with public comment and that is no mention there at all. there is a separate document which, of course is very easy not to find. this is a long-standing issue and we hope that you find in ray hartz's favor, thank you. >> questions, by the commissioners for either the complainant mr. hartz or the respondent mr. herrera? >> i have a question for mr. herrera. >> would you mind returning to the podium? >> thank you. >> thank you, mr. herrera. so, the draft format that you distributed today, is that the policy and practice that has been adopted by the library commission going forward? >> it is yet to be adopted but that is what we are intending to do from this point forward. >> and it

when a case is complex for the public defender, it's equally complex for the prosecution. but when you look at the chart here, you can see that increasingly, we're dealing with very complex cases where the public defender is not here. i'm not here to talk about the historical funding. mr. dachi and i have discussed this presentation and we have frankly agreed to disagree and we work well together and respect one another and i think san franciscans are very fortunate to have the quality of representation that they have in the public defender. if i were a criminal defendant and i was indigent, i would want nobody else but jeff dachi to defend me, but i'm not here to talk about that. i'm here to talk about how we enhance public safety in this community and we cannot do so if you continue to understaff our district attorney's office and certainly in the area of domestic violence we have seen the consequences and i think domestic violence is really important to look at. because this is an area where we're often talking about people's lives. and not only are we talking about the

right, it's a truism that every time the district attorney appears in court, it doesn't mean that the public defender will appear in court because there are other defense attorneys, correct? >> that is correct. >> but every. >> on the [phra-eurpblts/] of cases the way it's staffed. one courtroom or one department, there is one district attorney assigned and sometimes one public defender. > >> so none of those things are calculated -- let me give you another example. i'm murder case scheduled to go to trial in two weeks. the case i handled, i have made maybe eight or nine court appearances on that case and obviously once the case goes to trial i will be in court for about a month. that is indistinguishable under the district attorney's algorithm. you can't extrapolate that have i only 52% of the workload because the court events are more or less. i mean, i swear i have never heard of court events being used. when i talk to the people at the court management system, i asked them the same thing and apparently it was a practice that was started by -- >> going forward, every time you are in trial

i appreciate the public's comment. things like the super bowl are planned for in the event that you need the resources you need to have them. it's better to have them and not need them rather than to not have them because you can't get them there. so, unfortunately the game turned out the way it turned out. officers were pretty much all released before 10:00 p.m. had it gone a different way, i'm sure some of us would probably still be out there. so, it was much like the nfc championship game where it would have gone long into the night had we not had a good plan, the plan was real good, so, again, the officers were home by about 10:00 p.m. after the super bowl there were 25

and yet, they come before the public and say oh, yes, they are doing a wonderful job. now at the minimum, that is misrepresentation. if i am on a board or commission, and i go before and i present finances as part of a public record, and i say oh, yes, these are good numbers. and it turns out that i don't know what i'm talking about, that is dereliction of duty as far as i'm concerned and malfeesance of office. you say show us something to prove that and they are just silent. we went before the government general bond oversight committee and said the number here is not a valid number. and they asked some questions of the chief financial officer of the library and she admitted yes we don't have anything to back that up. at that point it was only $6 million and now it's $10 million and it went from $1.6 million in january of last year to over $10 million by the end of the year. and none of that was contemporaneous documents. it's all of them going back now and trying to justify all the lies that they have been telling to the public in the prior years. and i have also got

what you see is the public defenders office is trying the majority of the cases. in other words,, we are handling more cases or trying more cases than the proportion of cases that are assigned to us. so we tried 91% of the cases in 2010, 63% in -- sorry, 2012, 76%. but you definitely see that there is an increase in the number of cases that are being tried. and the question, you know, is why? what is different? well, i think you have to look at the outcomes in these cases. all right? what we saw on the previous slide is that in previous years the district attorney tried fewer cases than they are trying now. but if you look at outcomes in these cases, in 2009, for example. we won 90% of all domestic violence trials and what this means because these are juries deciding the cases after a full presentation of evidence that innocent people are being tried for domestic violence cases. so san francisco juries, this doesn't count people who plead guilty or entered other [stkpao-upbgsz/] verdicts. in 2011, 46%, and in 2012, 54%. you look at the number of hung juries and gu

so, that is a significant part of the general fund public health deficit. they do have some savings of 4.7 million on the expense side, but they have this big deficit on the revenue amounting to a net shortfall in public health of 10.8 million. laguna honda hospital has additional revenue because the state has recently increased the per diem rates that they pay for hospital stays. clearly 90, 95% of the patients at laguna honda are medicaid eligible, therefore the state pays a significant portion of that care. and those rates have been increased. so, that will represent an increase to the revenue to the hospital. however, laguna honda is over spending in salaries and in pharmaceuticals. and, so, their net conditions, they will have 5.8 million of a surplus. so, what we will do is we will reduce their general fund subsidy by 5.8 million and move that money into other places in the department to have a deficit. and then lastly, san francisco general hospital is estimating a big shortfall of $24 million. they are also over spending by 16.8 million. that is wher

the projected growth and [inaudible] in infrastructure and pedestrian and public safety. how do we -- >> how do we put it all together? >> how do you put it all together. >> that's the challenge. let's look at the slide. we are looking at the four goals and the needs for today and the needs for the future and already the cac said don't forget about the projects and not pulled to the new growth. we also see better choices for the people on the outer part of the city and there is a geographic dimension and we are going to take the lens and where we have outliers in terms of performance and we need to bring the technical and policy pieces together and with the public and the best judgment. we will give you recommendations but we seek your advice. ultimately it's a policy decision to allocate the resources. one thing is for the vision. we have 12 bill whereon in needs. how. >> >> they have been tharzed -- there is a state wide conversation as well. we have an opportunity to look at the sales tax for transportation, our prop k, so there is an opportunity in the next months to h

hearings like the mirkarimi matter last year which were of great public concern. i think tonight's meeting is a good example of why we don't need to be on tv. sorry. i would also note that some of the programs that the commission runs have fees that don't fully cover their costs, and i have said many times before, whether it's the consultant program, the lobbyist program or other things, that we should either set fees to cover the full costs or at least know what the full costs are, and acknowledge that we are supporting those programs, with general fund dollars to some degree. and where there are differences try to level them off and say, rather than covering 18% and 32%, we're going to set as policy that we're going to cover about 25% of our program costs through program revenues. i would also note there is a new state law that now requires campaign filers to pay -- what is it? a $50 annual registration fee to the secretary of state. i don't know if we would be able to do that here, if we were, that would be interesting. and we could cover some of our c

are there any members of the public who wish to address this item? d without observation this is passes. madam clerk if you could call not just the two items but items 10 through 12 >> yes. the board of supervisors has approved to visit on the committee as the whole items 9 through 20. and this is dealing with the improvement district as the m o monocon district. this provides for the selection and xhurment of the assessments and then items 10 through 12. item 10 is appropriating 5 hundred and something tickets to expand the project. item 11 is the ordinance that has to do with participation in the principle amount of 500778. million. and this is for the trust agreement. constricting the execution of the notes payable and the assessments to further secure the principle. and then the project to be improved the moscone center. >> thank you madam clerk. colleagues ladies and gentlemen the purpose of today's hearing is the establishment of a business improvement district named the moscone and it was adopted of the project. as well as to hear testimony fro

so, it's been kind of a synergy between the private sector and the public sector where the departments themselves have been motivated in assigning tasks to their department to make sure that those data sets are clean which then benefits both public and the private sector. >> so, i'm pretty excited about living in a city that is kind of the forefront of public data. i can't really think of another city that has spurred so much innovation as well as san francisco. [speaker not understood]. >> we're also really excited about this. everybody is going to say that, but as a private company who builds tools and allow you to do things with data, this is one of the most important things that's happening for our customers, this movement of open data. i get asked every day by our customers, i'd like to do this, but where is the data, how do i get the data? they have the idea, but they don't have the resources to necessarily make that idea -- bring that idea to fruition. and, so, this is going to mean huge things for innovation as the mayor said, and huge things for our customers. we work with a l

the building as much as i do. that includes my report >> any public comment? hearing none, we'll move open >> and the 1 hundred and 50 selection in the maritime port. >> commissioners i'd like to introduce our public relations officer and he drew the straw to lead up our efforts. she's doing a terrific job >> i'm the public relations manager and it's my pleasure to announce the ports 1 hundred and 50th anniversary. in 18 sixty-three it was accomplished then and it oversaw the sea wall that continues to serve our great city today. just to provide some prospective. it followed the gold rush area during president lincoln term and during the civil war. during the lifetime it includes the city's forefathers and the finger ports that were developed. did say 1906 earthquake and fire was citywide. the panama canal opened in 1914. and a san francisco generally strike on the ports wall side occurred in july 18, '34. the bay privilege opened in 1936 during world war ii the port operated almost exclusively for military purposes those were the years during 1945. and in 1796

rather than doing what you seem to do which is wait until the public shows up based on the agenda that was put out under the law and then simply say we have decided that we are going to rearrange it. >> it is not a surprise to you, you are all a bunch of intelligent people most of you are lawyers, if that is the thing that is critical to you then be honest about it. and when i bring up these comments, i see a bunch of eye rolling and a bunch of dismissiveness, i come here because i do know my rights under the sunshine ordinance, with the police department and the police commission and my complaints, i am six for six. i don't take complaints to the sunshine ordinance task force for giggles i do it because i watch you violate the law and i go there and i'm found to be right. and i think that it is a shame that any member of the public has to spend his or her time and come to public meetings and tell people who took a oath of office to protect and defend the constitution of the united states that they don't have the right to stifle public comment or to deny access to public records. very

any members of the public wish to comment on item number 11? seeing none, public comment is closed. colleagues, if we could continue item number 11 to the call of the chair. we can do that without opposition. mr. clerk, can you please call item number 12? >> item number 12, hearing to consider and approve proposed board of supervisors budget for fiscal year 2013-2014 and fiscal year 2014-2015. >> thank you. and we have ms. angela [speaker not understood] from our clerk's office. >> thank you, mr. wrung. -- young. [speaker not understood]. i'm here today with deborah landis, the admin deputy, [speaker not understood] youth commission director and don duran from the sf appeals board. on friday the 30th we presented to the board of supervisors fiscal year 2013-14, 14-15 draft budget based upon the budget instructions this committee provided in december. and today before you is the department's proposed budget which should you approve will be submitted to the mayor and the controller's offices on thursday, february 21st, which will be before you for further consideration in june. since t

comment any member of the public would like to comment and we'll close public comment. this resolution is adopted. >> evaluation of funding applications transportation fund for clean air program as an action item. >> public comment? >> this gives us an opportunity to inform the public and give them critical data on the contamination. we just got applied for these funds in many areas we have toxic hot spots. we are aware of this and we need the empirical data to share with the about the period department of public works the department of the environment the mare i mayor and board of supervisors and shared in a manner where the board of supervisors and the key people write some comments a lot of them sit on their fat asses and don't do anything. harm our children, seniors and those that need help if you or others or other entities have harmed the environment and i say this because i represent the first people some people know about it some do not so when the strange ers came here all they did was steal the land and pollute our environment so when you are g

>> item number 1, resolution authorizing the department of public health, laguna honda hospital, and rehabilitation center, to retroactively accept and expend a gift of $500,000 to the laguna honda gift fund from the knight living trust for the period of july 1, 2012, to june 30, 2032. >> thank you. and i believe we have ms. ma here. the deputy finance officer for laguna honda hospital. >> yes. >> thank you for being here. >> good morning. [speaker not understood], deputy finance officer laguna honda hospital. i'm excited to be here to ask for your approval to retroactively accept and expend the $500,000 bid to laguna honda hospital patient gift fund. [speaker not understood]. last year we received the news fund, trustee, [speaker not understood], told us that laguna honda hospital is the recipient of ms. dolores knight's $500,000 donation and that the money is deposited to -- actually in january just last month, we had received a complete disbursement of the $500,000. the money is deposited into the patient gift fund. so, let me talk a little bit about our gift fund. the gift feud at

any other member of the public alike to speak on this item? so please come forward. >> good morning, my name is peter cohen, with the council committee organizat

the meeting. you don't make that public. in this case, the documents that you were -- that were distributed to you, the city has made an initial determination through the executive director that those are confidential. the commission tonight may decide those documents are not confidential and then they will be disclosed. but at this point, it was proper for the san jose city attorney to provide you those documents in confidence. >> okay. thank you. >> any other comments from the commissioners? >> well, i guess i'm just not sure -- it's not clear to me that the text of the emails meets the definition of "confidential information." that is what i'm struggling with a little bit here, but maybe i need to be directed in a more analytical fashion. >> my view of this matter is that as redacted, i think miss herrick is correct that the information can be publicly disclosed. now i'm not sure how enlightening or satisfying the redacted information -- the redacted version will be. it appears that the information that was redacted relate

the public defender has discussed some of their concerns. they also relayed to us that if the request as proposed here was approved, that there is likely to be an increase in prosecutions and trials, and there could be a supplemental request by the public defender for additional positions for parity. similarly, if the district attorney does prosecute more cases and more cases are sent to probation and to jails there could possibly be a ripple effect with probation and the sheriff. moving to our recommendations i would note question of 11 positions would result in 100% in the d.a.'s domestic violence staffing. to 22 positions and cases from the police department have decreased and 18.5% in domestic violence cases charged by the d.a. in 2010-2011. the d.a. is advising that their caseloads are actually increasing primarily due to the increased number of trials, particularly for the misdemeanor domestic violence trials. moving to the recommendations. they are summerized on page 20 of our report. to both address these additional caseload concerns

if there are any members of the public that would like to speak, please step forward. public comment is closed. >> i'll move recommendation, the recommendation. >> second. >> okay, we can move item number 3 to the full board with recommendation. we can do that without opposition. mr. clerk, can you please call item number 6? >> item number 6, ordinance appropriating $7,169,695 of state revenue loss and $1,800,000 of prior year designated reserves of the children and families commission to fund the de-appropriation of state revenue of $534,406 at the department of public health, and $580,300 at the human services agency, and appropriating uses of $50,000 to the department of juvenile probation, $2,424,528 to the department of public health, $3,180,461 to the human services agency, $400,000 to the art commission, and $1,800,000 to the children and families commission in fiscal year 2012-2013. >> thank you. we have ms. howard here from our mayor's office of budget. >> good afternoon, supervisors, kate howard, [speaker not understood]. i'm here before you to approve an even

forum in the public comments. there are avenues to registered complaints with the san francisco police department through the department of occ. and mr. harte is well aware of this, but he chose to make negative comments against these officers without knowing their full history within the department. the poa questions his motives for this and his credibility, seeing that he is a self-appointed director of some watchdog organization that has one member, himself. so, we challenge him to produce any evidence that inspector miranda did, in fact, misrepresent himself or the department in front of the city attorney's office. i doubt if he could come forward with that. >> thank you. next speaker. hearing none -- come forward, ma'am. >>> good evening, commissioners. good evening, chief. my name is mary kay coner, and i have worked in san francisco with people who have both psychiatric, neurological, and emotional disabilities and other kinds of disabilities. a ma mort of them who are homeless. in 1996 myself and a group o

and we want to continue to provide the services to the public in overseeing. the audits that we do right now are taking longer. we're trying to do more, but the mayoral audits, for example, we only had one real audit to do in the last mayoral election. and in this one we had a lot more and mayoral audits take longer than supervisorial audits, for example. we have gotten much better about giving out notices of fines, and other responses to infractions. but i would e