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tv   LIVE BOS Public Safety and Neighborhood Services Committee  SFGTV  April 7, 2016 12:30pm-6:01pm PDT

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the city of san francisco sfgtv meeting of the public safety and neighborhood services committee occurring on thursday april 7, 2016
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we know a big part of our
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public safety efforts are for not, that's one tool we have is to make sure we have these protections in place. we're also experiencing a crisis in law enforcement in san francisco just like other places around the country and it makes sense that we strengthen our laws to build this trust and that's what this update here is about. since we pass ted 2013 legislation due process for all, the federal fwo*ft came up with priority enforcement program which doesn't deal with detention letters, now they send a letter saying we should notify them when one of our persons at ice believes is undocumented. if they know whether they called the police or became a witness or a victim of a crime, that could result in a deportation, possibly their own deportation, that would put a series chilling effect
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on them wanting to pim up the phone and help police resolve crime. we need to make sure that people have that faith in our local law enforcement, any action they take will not lead to deportation, the update today is to make sure that we are setting the standard to meet the new notification requirement under the pet program and we are making a clear standard what is going to be the law of the land for what the exception will be for local law enforcement to communicate with e, because we had earlier legislation, sang xhair amendments in 19ed 93, that gave us a broad standard of what was booked on a felony, gave license for local law enforcement to talk to ice, we wanted to put a restrictive standard in place so we can have the faith of what we've been seeking for these changes to our
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sanctuary city policies, so i want to thank our local law enforcement folks for being here today and they're here as well, not just to talk about the changes we're putting forward and the due process for all ordinance but also to discuss how we can prevent the situation that happened with paid owe figueroa who will be explained by law enforcement today, a person who had his car impoud pounded, when they want today get his car out of impounded, a series of events that resulted in him being held in custody with ice for deportation proceedings. uncially he was being released unfortunate during the months of the holidayser her was separated from his wife and his 8 year-old daughter, we want to make sure that doesn't happen again. because there was a question of our city sanctuary policies, whether law enforcement would discuss the ice the situation with
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people in their custody, that they gave the belief that some officials in our law enforcement could use their own discretion, if that's the case, we're clearly making san francisco unsafe for people who will lose confidence in law enforcement, so today we'll have a discussion about what happened with the pedro figueroa case, we have him here, and i want to thank him for doing that, i want to apologize to him and his family for what happened and how we lost our guard in termser of how we had protections for people in an immigrant community and i'll make that apology again when he appears at the podium. i wanted to allow supervisor campos who has been a huge champion as well of our immigrant community and fighter for immigrant policies here if san francisco, supervisor campos? >> thank you, mr. chairman, i'll be brief, i want to
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thank everyone for being here, thanks to our sheriff and all of our other folk ins the police department that are here. i think it is a very critical time on this issue, and quite frankly, i think that what happened with mr. figueroa to me, i attribute that to a number of things including i think some of the mixed messages that have been sent and that's why i think clarity is critical. i believe the mayor and our sheriff vicky hennessey have sent mixed messages to the community on this issue. the chronicle reports that sheriff hennessey according to their editorial is asking department lawyers to "navigate a path through federal, state and city rules on handing arrest tees without legal status in a way
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to keep communication and notification open". i don't know what that means. navigate a path to keep communication and notification open, trying to ensure that communication and notification are not open has been at the heart of sanctuary policy, so if the sheriff is changing that policy, i want the know that. i think that when a top law enforcement official and the mayor himself talk out of both sides of their mouth, it's not surprising that something like this happened. you know, the thing about sanctuary, being a sanctuary city, is that you either are or you're not, you know, you can't be half way a
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sanctuary city and half way not. you either are or you're not. and so i am still confused as to what we really are right now, and i think it's really sad that in the context of the rhetoric at the national level, donald trump and others, we have law enforcement officials in san francisco that are sending mixed signals, i think it's sad. i think it goes everything that we're supposed to be, and so i want to get clarity, but i also want to get clarity on the specific policy and what happens. i don't want to here niceties because i've heard the rhetoric. i want to know specifically what it means, what does it mean to navigate a path, what does it mean to keep communication and notification open? are we a sanctuary or not?
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and if we're not, then at least be honest about it, but i think that this community and the point of this legislation is to make sure we have clarity on it, so i look forward to hearing that clarity today. thank you. >> thank you, since we're talking about item 2 and it's really looking at the policies that were in place that led to pedro's being held in custody in ice, i would like the call up pedro and francisco guearte from the public defender's office and if you can speak first to introduce pedro, maybe you can summarize in 30 seconds what you saw happen and i want to hear from mr. figueroa and then we'll go on to hear from the sheriff and the
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police department. >> supervisor avalos, the attorney for mr. figueroa's actually here, i wasn't the attorney of record on that, so perhaps molly white can speak on that. >> okay, great. >> i would be happy to talk a little bit about the sanctuary issues. >> thank you, i appreciate it. >> good afternoon, my name is zero whit field and i'm an attorney and we did represent pedro in his immigration proceedings and we are continuing to represent him, i would also like to introduce sarah hue sane who represents pedro figueroa. >> thank you, if you want to -- pedro's going to talk about his story and what happened, if you want to summarize that before and
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introduce him to speak, that would be great. >> so, mr. figueroa is going to talk a little bit about what happened on the date in question, what i wanted to provide a little bit of commentary about is what happened before the date in question. what happened such that there was a "warrant" in the system, an ice administrative warrant on the day that pedro went to the police station to seek help from the police, and so just my very quick comment on is that, is that more than ten years ago when pedro entered this country, he was encountered by ice at that time, and the ice officers who encountered pedro when he entered the united states held him just briefly and then because he didn't have money on him to pay a bond, they released him. now, ordinarily when someone is released by ice in the border region, the ice officers write down their
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name and their address and send them a notice of their upcoming immigration hearing, in this particular case, they did not write any address for mr. figueroa, so when mr. figueroa had an immigration hearing later in texas, he was not notified of that hearing, he never received anything in the mail letting him know there was an immigration hearing occurring for him. and so he was ordered deported and what we call inabsten shall, she was ordered without ever being present for a hearing, so because of that deportation where he was not present, mr. figueroa had an outstanding deportation order which led to this administrative we'll call it a warrant, which is what the police saw when they later encountered him more than ten yearling later when he came to them with hem with his stolen car, so i bring this up just to reiterate
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how important it is to not have ice be involved with the san francisco police when we have procedures like this that are taking place with ice, the moment we brought this to the attention of an immigration judge in sex sasto let the judge know that he didn't receive notice that this took place, that judge reopened his case right away, so these kinds of procedures on the part of ice can really impact people in a negative way and force mr. figueroa to spend about two months in custody completely unnecessarily because of his being encountered later by the san francisco police and they're turning him over to ice again, so that's what i had to say about what had occurred before the date in question when the san francisco police encountered mr. figueroa. >> thank you, and if you could just -- right before mr. pedro figueroa was, if
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you could summarize very briefly, 30 seconds, what you saw happened? >> certainly, so and mr. figueroa on december 2 went to the san francisco police because they had called him to let him know that his stolen car had been recovered, and so mr. figueroa will tell you in his own words what happened on that day when he went to the police station to get his recovered stolen car. >> ( speaking spanish ). ( speaking dlu interpreter ). >> so, mr. figueroa, on behalf of myself and my fellow supervisor and the city and county of san francisco, we'd like to apologize to you of what happened to you.
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>> ( speaking spanish ). ( speaking through interpreter ). >> so, first of all, i would like to say thank you to all and thank you to all these beautiful people and community that is supporting me, but also what i would like to know is why was i
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victimized, why did i become a victim to aus all this, well, if i did have an arrest warrant, so be it, but i don't feel that was the case, all i did was just to go and show up myself to pick up my car and this happened to me. so, again, i want to thank you all, thank this xhaoun, right now, i'm concerned there's a lot of things going through my mind, a lot of uncertainty that what's going to happen to my family, what's going to happen to my danker, what's going to happen in 2017 when i have
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this hear, my mind is really on all this because of all this that took place. and thank you again for everything that yu eve done -- you've done for me.
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so, basically i'm going tell you about what happened, my car was stolen so i reported it to san francisco police department, i filled out a report and they told me that they would be in contact with me two or three days, whenever they would find it, at some point, i received a
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phone call saying my car was found but it was not in a drivable condition, the car had been found at 7th and bryant, it was take ton the impoundment, i showed up and basically i was hoping -- i had tool ins the casing i was hoping ta the tools may be there, i was also worried about just the debt that was accumulating because it was impounded.
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so, i went to the police station twice, one to make the report and the second time to get my casing so i knew i had to get a relief signed by the police so i could take my car out of impoundment, we went there, i showed them my i.d., my wife showed them my license and
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they said go sit down and wait. everything was going fine at that point.
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so, we continued in that space waiting for whatever dock ms needed to be processed, i remember i was eating some kind of seed but there was no garbage can around so i got up and i exited that space to look
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for a garbage can and i saw two agents, whatever, i didn't owe anything to anybody so i didn't pay mind to it, i walked about 20 to 25 step and is then i saw -- i noticed they were following me, i came back and they were following me, when i came back in that space, i told my wife, something strange is happening, these officers are following me and she said, don't worry, don't pay any attention to that, at some point, the two officers came in, they told me to stand up and they told me i was going to be detained. my wife said, what's going on, she said, don't worry, we're going to question them, if not the person in question, there's nothing to worry about, they handcuffed me, took me to another room, they took my document, they took my belongings.
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>> i have a question. a quick question. do you know the names of the people who escorted you so that you went out that way,
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were there officers or would escorted you to make sure you went out that way? >> ( interpreter ). >> do you have their numbers? >> no, they work for the san francisco police. >> i think the lawyer has something. >> let me just interpret that part before your question, so i was in that room for about 30 minutes, all my belongings from my wallet were taken out and they were put into a yellow manila envelope, i was there still, okay, whatever, and then they say, you're free to go, i said, perfect, soifs really happy at that moment and they start to escort me out but i noticed there was a door that said
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exit but we didn't go out that dao, we went out of another door into an alley, and there were two agents there, but not san francisco police, they were other agencies. >> to answer your question, we did receive a police report when we requested it, and there is information about certain sfpd officers who were involved in the incident. >> can you identify yourself. >> i'm sorry about that, my name is sayee husein, we have a list of some of the officers who we believe were involved in the incident but we don't have full accounting of what took what action. thank you. >> thank you. >> ( speaking spanish ).
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( speaking through interpreter ). >> so, when i went through ta alleywayer, they were immigration agents and they said, you're under arrest sx, he said, why, are you pedro figueroa, yes, douf documents, no, so they hand cuffed me on my wrists, my hands and my feet.
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so, after i was handcuffed, they put me into a van, and then i said, wait a second, can i make a phone call, i would like to make a phone call and they said, sure, and i was allowed to make a phone call with my phone, i called my wife, she said, what's going on, he saidser i'm being detained from immigration, and they were kind, i was able to talk to her for a while.
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so, but even though they let me talk to her and she was able to speak to them, there was nothing that could be done to change the situation, i was already handcuffed and in the casing at this point, my little girl wauz saying, daddy, daddy, she was emotionally stressed. so, what came to my mind at
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my point was to contact my bo*s boss, my supervisor, and he was able to through his means to hire a lawyer for me and i was through that to stop the deportation and i have a hearing in 2017, i don't know what's going to take place at that point. >> ( speaking spanish ). >> so, thank you again for sharing your story and again, i apologize to you for what took place. >> and i also want to acknowledge that just coming forward to talk and to speak is not easy thing to do and i just want to commend you for having such fortitude to be able to do that as well. so, we have representative from the police department x the sheriff's department who are here and i do want the
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hear from them, the part that each department had played and also i want to review what were the rules that were in place that resulted into this happening and what is being put forward and changes to policy that can make sure that this doesn't happen again. was this a result of some break in policy or a loophole of the policy, or is it a result of some kind of lax procedures, and procedures that officers may have been part of. i believe since mr. figueroa had met first with the police department that i will call the police department sxup we have a representative here, captain jack hart who will be here the speak on behalf of the police. >> good afternoon, i'm captain jack hearth from the san francisco police
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department, tony chaplain and greg could not make it here today because of the critical issue that's happen ining the mission district. i work in the policing bureau and i'm in charge of the professional of the police department, to implement the 21st century task force, and as my previous role on my instruction on [inaudible] heart set and the right mind set in the work that they do, so listening to this story, tracy mirrors wrote an article about the good cop, in her article, she said we have to move beyond lawful policing and effective policing to rightful policing, so ( speaking spanish ).
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i just want to say i heard his story and i apologize because a mistake was made and i am saddened that his daughter had to feel paining i'm sad he had to lose a car and he had lost time with his family over the situation and we want to be rightful police officer, we want to be principle police officers and i'm going to work very hard to make any changes so there are no miscommunications on our responsibilities under the ordinances for which you pass. so, just really quickly, one of the first things the chief, sir, did, he issued a department bulletin, i have that here, it is bulletin 16-015 and as a remind r of 12h2 of the san francisco
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administrative code and 1.15 dealing specifically with the enforcement of immigration laws, this went out immediately, all police officers within 30 days of the issuance of a bulletin like this shall read it and electronically sign that they acknowledge . since this was issued february 8th, we are doing compliance checks to ensure that all officersser all members of the department have read this and have signed with it and will be held accountable for that. >> him hart, i praosht that, there was a discussion and admission even from the chief that a mistake was made. can you describe what that mistake was, and after you describe it, was it a policy mistake or was it some lapse in standard practice that resulted in mr. figueroa losing his freedom? >> that's a very good question. i'm not privy o the exact case file that has been investigated. i can tell you if there's
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any questions about what police officers were involved and what they did, during the administrative internal affairs investigation, they're able to compel witnesses like police officers to testify and to explain what exact role that they took. as such, other details even deeper than that, if the chief were here, he would say it was confidential, but i believe that the chief has referred this to the police commission for their further action, so concrete steps are being taken for the specific reasons why this particular incident occurred and in terms of policy, this is to ensure the other 1999 police officers are explicitly clear on what their obligations are. >> i would like to ask while i have supervisor campos go next, if you're able to provide some step by step of what happened, that would be helpful, there has to be something like that in the public record.
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>> a cum of questions, i appreciate there is an internal investigation by the sfpd, is there another internal investigation by another body of what happened? >> i believe there was a complaint filed with the office of citizen complaints as well, there's that outside and inside, there's trust in the process. . er and where's the o cc here, can they talk about where their investigation is okay, well, we want to hear from the o cc, second, i'm miefrl *f mindful of the police officer bill of right ts, i aoenl not asking you for specific names but i do want to know, has the department disciplined any officer because of this incident, not the names, have you -- you have the ability to provide that information, so have you disciplined any officer as of today because of what happened? >> i do not have specific knowledge of discipline that was imposed, i know the case was refer today the police
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commission for one of the officers that was involved. >> and, again, i think that's the problem. i don't buy that someone escorting this gentleman to make sure that he went out of a specific door didn't know what they were doing, and so i think that until we get confirmation as to from the police department that there was disciplining, hopefully up to and including termination, i think there's always going to be a question mark, and so i ask you, i know the chief is not here, i ask you to ask the chief to please let us know that in fact disciplinary action has been taken, and so long as that remains, i think that there will continue to be a question mark about how
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serious you are about what you said because it's one thing for you and i think you're very gin win, captain, and i appreciate what you do, i think it's one thing for you to say it and to actually have the department do something and unless we hear that someone was disciplined, it doesn't matter that you sent out a bulletin because the bulletin doesn't mean anything if there's no enforcement of that bulletin. >> yeah, i appreciate what you're saying, supervisor, that's why we came out with a second bulletin, instead of it being a reminder of the generalization ins the policy, we came out with a second bulletin -- >> just to clarify, the first bulletin is there is a sanctuary city policy that all officers are supposed to follow, correct? >> yes, and it talks about not using race or suspected national origin as a -- >> my point here is so unless you're willing to say that you disciplined someone, if i am an undocumented person living in san francisco, i
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should be afraid that there was a cop or maybe more than one cop who broke the law that is still on the payroll of sfpd, and not only is it bad because those people or that person remain in the payroll, because the presence of that individual or those individuals sends a message to any other cop that you can do that and there are no other consequences. >> i cannot speak for the chief, but i can say that inferring when the sheaf said he's going the refer this to the police commission means he's seeking discipline greater than a 10 day suspension, i don't know what that is, but i'm not in that chain of command. er >> it's not whether you're seeking it, have you done it, that's the question that i'm asking. >> thank you, supervisor. i just want to talk about this really quick, the second bulletin that went up because i think it's important, as a street cop, and it was not that long ago, i would have people come to the front counter when i was working at the station and they would
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ask for their cars to be returned, any time you're going the issue a vehicle release to anyone, you have to run them for warrants which is where i think it is an issue, but mainly what happens when you have a return that says that the person has a warrant, so this is talking specifically to the prohibition on the enforcement of administrative immigration warrants, there's a bulletin that i wrote with help from the sheriff, she wrote a memo regarding the enforcement of administrative and criminal warrants and i thought the language was excellent because ieding see an officer not wanting to assist eyes executive branch to executive branch but if there's any confusion whether it's helping the judicial branch help a panted, i wanted to make sure -- i'm not saying that's what happened in this case, but as a generalization, that might be a concern, if someone from ice pick us up st phone and
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calls, we're not supposed to give assistance, with we start seeing federal warrant that is are issued that if there's any clarification, i could see a poor officer on the street, not knowing exactly what their heart set was in this interaction but to have some confusion on this ordinance or a judge's order, and as such, last friday, i issued a department bulletin saying police officers in san francisco are prohibited from [inaudible] the warrant sma not be enforced, administrative warrant of arrest, shall not be enforced. if there is a criminal warrant in violation of title 18, then that may be enforced, ask this is the language that has come from the sheriff's department and i believe that complies with the current state of the administrative code. if you propose changes to that and that's adopted, then i will immediately issue a
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department bulletin clarifying and restricting any additional legislation that you pass. >> so, criminal warrant under title 14, it may be, so is there a criteria that law enforcement is fomg here that would say when that would happen, what's the difference? do you have a judicial warrant that has probable cause that is a criminal warrant? >> we're basing it on the language that's in the administrative code, so as you said, if someone is arrested for a felony, ice could be contacted is the current state of the administrative code f that changes, then we will issue a department bulletin clarifying exactly what we should be doing. >> that's the current state of the administrative code that is in the earlier sanctuary of city policy with the amendment that was made in around 93 that says if someone's booked on a felony, local law enforcement has
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the ability to coordinate with federal immigration officials? >> i believe you referenced that earlier, yes. >> so, what we have today before us in this hearing is legislation that removes that language. i'm curious though, are you aware that this -- you know t entire time that yu eve been an officer, have you been aware of this language and the sanctuary policy as being the standard that provides discretion for communication, or since 2013, have you been aware that it's a due process for all standards that's been in place? what has been the understanding of the department? >> we have department bulletins that have been issued clarifying any resolution that is have come out from here. right at this moment, i don't specifically know that. >> was there a practice
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before 2013, the police department having a person would was booked on a felony communicate with ice, you had officers from 93 to 2013 have the ability to call ice because they had someone in their hands who had been booked on a felony, was that standard practice with the department all these years? >> we had language that allowed that in the general order but i was not personally aware of anyone who did that, it was usually turned over to the sheriff's department and the sheriff's department during the booking process i assume would take care of that process, but while our department policy would allow such a thing, i had never seen that done by the police department. >> it would also basically work against what standards we have in place, the sanctuary city policy in general, that's something the city has refrained from doing because we know that type of communication would undermine completely the relationship between law enforcement and our communities. >> and that's our balance,
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having to enforce laws that might not be just and balance that with establishing trust and legitimacy with the community. >> we have the new bulletin, are there any other procedures being put in place, tightening down of policies and practice ins the dfpt that will prevent this from happening in the future? >> not only are these bulletins required reading for police officers but they shall have a working knowledge of them and an application of them, the lieutenant did a roll call, they make the officers are physically present, they're in their correct uniform, they give them their assignment, when these bulletins come out, there's discussion of what this mean and is how we're taking violations seriously. >> okay, thank you. any other questions, supervisor campos? >> just perhaps if you could
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summarize any responsibility in in one incident between the police department and the sheriff's department and i know the sheriff's here to talk about her department, so if you could talk about what was the part that the police may have played in this one incident compared to what the sheriff's department was. >> i don't know what -- that the sheriff had anything really to do with this in terms of the initial interaction at southern police station so, from that, as unfortunate as this incident has occurred, it has generated collaboration with the sheriff's department in reading each other's policies to make sure we're all on the same page and not only a reminder but a strengthening of this purpose and clarification as to what exactly this means and what our responsibility is as san francisco police officers, so i think in that sense, hopefully something positive can come out of this. >> great, i did meet with the sheriff yesterday x her department or she will come up next, but she did talk
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about that her warrant bureau is part of the ro kress of communication, but it was not necessarily the warrant bureau that was responsible for being on hand when the person -- when pedro figueroa was turned over to ice. so, she'll be here to talk about that, so thank you, mr. captain hart. >> i brought 50 copies of our policy, i thought i'd leave them here. >> yeah, if you could make sure you could leave some here for the committee, that would be great. sheriff hennessey, welcome, thank you very being here, and -- >> good afternoon, thank you for having me here. thank you all for being here today and i want to express my apologies to mr. figueroa as well for any part that we may have had in what happened to him. so, i think you got the
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story pretty much. i think captain hart told you it is routine for -- to run somebody's criminal record when they come in to pick up a car, no matter who they are, and in this case, what they do and when they run somebody, they call the san francisco sheriff's department warrant bureau and in this particular case, they got a clerk, the clerk saw the warrant in the computer, wasn't real familiar with seeing an ice warrant in the computer before and there's some discussion, i'm not sure what happened but it seems to me what i think happened because the clerk didn't really remember, and remember this happened back in december before i was sheriff, and so the clerk -- and this didn't come to light until february, so the clerk didn't kind of remember, but it seems like she had some discussion with the police officers at southern station that were there releasing the car, and she did not confirm the warrant, but she put the
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police officers and the ice confirmation people in touch with each other and that was the end of any of her -- and any of the sheriff's department portion, so because of that and i have to admit, i didn't realize that ncic, the national crime information center was including administrative warrants in its database because it's generally a criminal justice computer database which means you have a criminal warrant if you're in that database, however i learned subsequently speaking to member of the public defender's office that since 2002, ice -- not ice darkly but through the federal government, administrative warrants have been appearing in the ice database. because of that and because with some help with the public defender who gave me some examples of what those warrants looked like, i put together a policy to make sure our warrant bureau knew that administrative warrants were not to be booked and
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only criminal warrants could be booked. i shared that policy with the public defend e i shared it with the police department because i knew that they would need that information as well. >> so, how common has it been since it's been happening since 2002, how common has it been for administrative warrants to be mixed up with criminal warrants? >> i don't know, in talking to members of the public defender's office, they said that does happen occasionally, but i don't know how common it's been. i do know that in my history with the department which is 35 years, but i can't speak to all the warrants because i wasn't involved with warrants all that time, it's not something i realized had happened, whiffs doing the investigation, i thought this is a criminal warrant, that's why this happened, and subsequently, i found out i was wrong, so when i found
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that out, i wanted to make sewer that we took action. >> so, had there been any training to identify the difference between administrative and criminal warrants in the past to your awareness? >> not that i'm aware of. >> so, that training has now occurred? >> it has occurred through a memo, but it is also presented with examples of what they look like and so all our staff has been afforded that and i don't think there will be a problem again. >> that's not just the warrant bureau but the entire staff? >> yes, it went out to everybody, but particularly the two points of contact that really or three i would say are the records room, the intake facility, also being told they are not to accept any bookings because it's possible that somebody could bring a booking out let's say the other police departments
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that operate within our city confines, and also the warrant bureau. >> great, thank you. so, we are also here to talk about -- and we have before us the update to the due process for all ordinance and it includes an update to our sanctuary city policy and in the last year, we saw that we had two standards, and i just learned today or maybe i learned again, i may have forget because i have selective memory, in the resolution that we had passed in october, we weren't clear with ourselves about what standard we wanted to put forward. i believe verbally on the mic., we all talked about the higher standard, the more restrictive standard having in place when we would allow the exception for communication between local law enforcement and federal immigration officials was when someone had a violent felony conviction in the past 7 year and is was presenting
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a violent felony in their latest apprehension, and that seemed to be what everyone was supporting back in 2013 when we passed the due process for all ordinance, we passed that ordinance unanimously, the mayor signed it, we were in this room and had a signing ceremony because all of us were very proud of having very strong protections and making this update to our sanctuary city policy based on changes to federal immigration eninfuserment. now we've seen that there are new changes that we're no longer asked to detain people past their release date, we're merely -- law enforcement, mostly the sheriff's department, is requested by ice to notify them when someone is going to be released, and as i said earlier in the public's mind and in the immigrant community mind, that potential turn-over is real,
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and really putting a chilling efk on people wanting to come forward and help law enforcement resolve investigations and crime, and so we have before us, you know, this update that members of the board of supervisors praoul u truly believe that we were supporting and want to make sure that becan work with your department on that, so have you had a chance to review the legislation and respond? >> yes, i have. >> and if you could let us know. >> i would like to give you a little background what i've been doing since i came into office on january 8th and before i came into office, first of all, one of the things when i was running for office is i met with many residents of san francisco and many of them were concerned about a blanket policy of no communication with ice, i met member widths the immigrant rights xhaounbacker communities who are concerned with any communication between local law enforcement and ice and i met with -- we investigated
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the sheriff's office involvement with the pedro figueroa's situation, i began reviewing every ice request for notification of release dates, received by our department, and we get about 5 per week, i compiled and reviewed the penal code statutes that defines what a violent felony is, what a serious and violent felony is and what a serious felony is, my campaign with office, i developed a case by case guideline for notification of release, some guidelines. now, my conclusions are after all this work that secure communities was a disaster, i know that, i know that pep is not any bet e i agree with no detention, but a blanket policy of no notification is not consistent with my responsibility to provide
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public safety. the guidelines that trigger a review must be reasonable and conducted in good faith and those guidelines that i've considered are that an individual with a conviction of a violent felony 7 years within the last 7 years absent incarceration or a contradiction of certain serious felonies and certain serious felonies are defined in the penal code as well, absent incarceration as well as those convicted of three felonies arising from three events that occurred within the last five years absent incarceration. now, i've been reviewing those and these are only reviewed upon receiving a request from ice for notification of release, and of the 50 i've reviewed, none have met any of these guidelines, so far, i have not come across any individual that has met the criteria. i am focusing only on
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individuals who present a risk through a history involving violent, serious or repetitive convictions or certain serious or repetitive convictions. if i were to find an individual of this criteria, there will be further review according to the due process for all policy. evidence of rehabilitation, tie tos the community, whether the individual lab a contradict of crime, contribution to the community where participation in social services or rehabilitation programs. in any case, part of my policy would be to provide a copy of notification to the individual or information to the individual regarding the sfsd practice and decisions, so for example n these 50 cases, i think it's important the tell people, we got this request for notification, we're not going to honor it, we want the give you the opportunity to know that you have -- it has been requested that we notify, give them
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the opportunity to call immigration rights organizations, in fact, give them the phone numbers, and also inform their public defenders, that's something that i was looking at. as an elected state constitutional officer, i believe i must retain my right to exercise my discretion in this matter and that it affects my law enforcement obligation. >> so, you mentioned five a week, you get five notifications per week? >> that's pretty much what it's been since i've been in office. >> and then have there been other situations that fall under the sanctuary city policy that has a standard of being booked on a felony that have resulted in any communication with even just within the sheriff's department about whether someone should be communicated about to ice?
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>> no. >> so, that lower standard is not one that's being practiced? >> what lower standard, i'm sorry? >> the lower standard of our sanctuary city policy having an exception for local law enforcement to talk with our immigration officials based on a person in custody being booked on a felony? >> no, that is not been followed. >> okay, thank you. you're going to continue on? >> no, i really not have much more to say, i believe this process fully informs individuals and their representatives of each step in the process while also providing helpful information to assist them from continuing to be targeted by ice, i also believe this represents a responsible approach and i think what i said to the chronicle that i would look at things on a case by case basis, i didn't write their blessing but i think it hon noser my obligation to protect all law abiding citizens, i'm sorry, all law abiding residents from fear of victimization
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and arbitrary immigration law. i don't see it as arbitrary noefkt when i can produce the standards, show the standards and work with the standards. er >> so, your standards now you put in place are, if i heard you correctly, one will be the violent felony within conviction within the past 7 years like we have -- which as a current standard put forward by due process by all being applied to notification, the second one is a serious felony -- fshlgts it's a certain serious felony that are not covered in this due process for all. >> and what does that include? >> there's a few, there's an example of rape is one, it's a serious felony. >> i would imagine that rape is a violent felony, no? >> no. >> not all always? >> not always. >> it's backed by force? >> there's not very must have, you covered most of them because you covered additional ones with gun charges in your due process
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for all, and the other one was the combination of three or more felonies arising from different events within the last five years, convictions, and once again, these are guidelines to take a look, these are not guidelines to make a notification. >> thank you. supervisor campos? >> do you think undocumented people are law abiding? >> i think the majority of undocumented people are law abiding. >> so, how about protecting those otherwise law abiding undocumented people who for whatever reason -- well, for the reasons that we just saw are going to be afraid to come before you, what kind of message do you think it sends to these people, sheriff. you just admitted that one of
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your clerks, because of an administrative warrant connected police with ice and you just said that you reserved their right on a case by case basis to decide whether or not notification might be necessary. >> no, what i said was, first of all, the clerk did connect possibly, but that was at the request of the police department, and secondly, i would say that my case by case basis does not include that because it's not in the standards that i've set for the guidelines. >> what about someone who gets deported three times, would you -- isn't that a felony to be deported? >> well, it's not -- if it's administrative, no. it would depend on the other crimes. >> so, what are the current cases that prior to this change of your policy would be included that are not included right now?
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>> well, they would be included in a different way. first of all, you're looking for in the due process for all policy, you're saying that somebody has to have a conviction for violent felony within 7 years, and the second part of that is that they have to be held to answer for a violent felony currently, and that would not be something that would be part of what i would do. now, i would also tell you that being held to answer may not get you the result you want because it's possible there could be a plea bargain or something and you would still have a qu*ex, so i would say you might want the talk about conviction, but moving forward. >> well, i have to say respectfully to you, sheriff, you know, i think that we're moving in the wrong direction. i think you're talking out of both sides of your mouth saying you support sanctuary but at the same time changing the rules. i don't think that your
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comments are consistent. i think they send the wrong message and i think it's because of that wrong message that things like what happened to mr. figueroa happened, and i think it's sad and it's a sad day for san francisco that we have an elected sheriff that is turning back the block on the issue of sanctuary because that's precisely what i think you're doing. you may want to sugar coat it as much as you want, but that's not the reality, and so long as i'm on this board of supervisors, i'm going to continue to fiekt your efforts to turn back the block clock on the rights of undocumented people and we're going to call out what we see because as much as you tried to soften it and have a kinder, gentler image to what you're doing, it is because of what you're doing that things happened like what happened to mr. figueroa, and we can apologize all we want to mr. figueroa, but i think
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it's really an empty apology when we apologize on one hand and then turn around and continue to do and engage in the kind of activity that we're engaging in, so i don't want crocodile tears from our law enforcement and i think that's what we have right now, so i'm going to call it as i see it. i think that in your tenure as sheriff, your legacy has been to turn back the clock on sanctuary in the city and county of san francisco and i think it's sad, really sad. >> well, i'm sorry you feel that way but i have to say i respectfully disagree, i believe that my policy is a responsible approach to looking at a complicated issue that affects all the people of san francisco and i also believe that the things that you bring up in termser of all our nothing sometimes
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to me are not as compelling as making sure that we're looking at everything and that i reserve the right as the sheriff to make notifications, but once again, i will do it in a very responsible, a very standard way, and a very open way. if indeed it does happen. >> sheriff hennessey, you mentioned looking at each person on a case by case basis. i just want to have some clarification on that. that's people who -- on whose behalf is a request for notification, is that when you're applying that? >> right, the trigger is getting a request, i aoep not looking at nilgts? >> so televising's no initiative on behalf of the sheriff's department but only in response does that trigger a case by case, and then --
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>> that's true. er >> and then case by case decision, that being done by deputy sheriffs at intake? >> no, that was sent to me and my legal counsel, we're looking at everything. inger >> what directs your staff to kick it up to you and legal counsel? >> my order telling them they will not take any action, they will refer it up the chain. >> and how that order been issued? >> the order has been issued through -- informal means that -- e-mail which is what we use a lot now in these days in the department, yes. to just forward every request to me. >> and isn't that the same directive that came from sheriff [inaudible] that was put forward last march? >> it's very similar. >> so, how is it different?
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>> it's different in that i'm taking a look at a case by case basis, i'm not just ignoring them. er >> right, but the question is, i recall sheriff myariney's case, refer to counsel when there's a question about a notification request, that to me was what the memo says which seems to be a case by case basis as well, so i'm not clear, you know, i'm not clear what the difference is between what the current practice is and what was done before? >> the difference is i set a standard that is a little broader than the standard include ined the current poll and i the one that you're promoting and i don't believe that detention and notification are the same thing and i know you're amending that to be included in this current policy. >> well, notification didn't really become the new pet
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program law until after that memo was issued i believe, i didn't start hearing about it until june or so of last year. i'm a little bit confused though as to why -- i'm not if that's what you had done or done at the board of supervisors and certainly the mayor had done it and the crinkle had done it, i called -- they call the sheriff's memo a gag order and i saw you're not going to talk directly to ice, i'm going to kick this up to legal, which is exactly what your memo says, and that's what i would say anything that people would resemble people were saying was a gag order because it still has the same conditions put forward that
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people need to talk to legal, and i'm worried that the gag order is really -- or if we're undermining our sanctuary city policy over all what it does, it puts a gag on the public which is perhaps undocumented from ever wanting to communicate with law enforcement but i don't understand the difference between these two memos. er >> i did not withdraw his memo right away, i asked to have every case sent up for review which was not case before, they were not sent up for review. >> they were not sent up for review? >> no. >> what happened instead? >> nothing. >> what does nothing mean? >> i don't know because i was not here. what i've been told -- >> what i saw is that memo was basically saying how to follow the legislation that the board of supervisors had
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passed unanimously and that the mayor had signed. that was what the memo was about so, when i hear the word nothing, i don't know what that means. i expected that the sheriff was following what the legislation said and was following the memo in that department. had you heard any serious problems that had come from deputy sheriffs that result ined the need to change the policy slightly? >> no. >> so, what does nothing mean? >> i'm not sure what -- >> you said nothing happened, but it seems like we were following what the legislation make sure that we
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meeting our values and putting forward what our intention is as a city. >> and i have to say one of the reasons i'm having these directed to me specifically and to my legal staff specifically is so that we honor that, so we look at that responsibly. and that our deputies are not put in the position of having to make those decisions or are asked to or allowed to. >> i appreciate that. so, we have before us legislation that is setting the standard that was approved unanimously by the board of supervisors and
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signed by mayor that the exception of communication with federal immigration officials will be someone who has a violent felony conviction in the the blaster 7 years who's presenting in custody charged with another violent felony, i think that's what we were going to be forwarding to the full board for a vote on april 19th, i expect, and we want to work with you to make sure that that standard becomes what is applied. i don't believe that you've -- i asked that earlier and the sheriff's department does not take initiative to communicate with ice on any other individual, and yu eve looked at -- you reviewed cases before you and you found nothing that you were going to turn over to ice. i'm interested in seeing how we can make sure that that becomes the standard moving forward. >> i understand.
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>> okay. >> i have a question. >> supervisor campos? >> sheriff, one thing i'm trying to understand is -- maybe i'm mistaken, it's my understanding that when someone gets arrested, that ice automatically gets notification because they get the fingerprints, isn't that true? >> that's correct. >> so, in light of that, what i don't understand is given that that already happens, what need is there from a public safety standpoint since you claim that's what's driving you to actually take the extra step to possibly add another layer of notification since they're already getting that information, why do you feel the feed that you and the people that work with you have to go that extra step to help ice? >> i think there's some instances that are not
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covered by the sanctuary city due process for all, i think a violent felony with 7 years, i think the standard is a little bit high. >> again, you know, this is what's so remarkable, this is what i want people to understand and to the people in the latino community in san francisco, the mayor just went to latin america, there are latin american people in san francisco who are being impacted by the policies of this city, you don't have to go to latin america to see that. ice automatically gets notification when someone gets arrested and this sheriff is feeling that on top of that, she has to, herself, and her department, retain the right and the discretion to give them additional notification beyond that. ( speaking spanish ).
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one thing i would say and i want to be very clear about this because i think you're going to have a problem if you approach this job from the per specie that the reason that you were elected is because of what happened with kate sign lee, if what you're saying one of the reasons you said this you voted on was because of this issue, san franciscans did not vote for you because they're against sanctuary, if you believe that, you're going to have a very interesting time in city hall. san franciscans, the reason you won is because you were running against roz mere chorine and he was his worst enemy, but i believe that san franciscans support sanctuary because sanctuary makes
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sense from a public safety standpoint and any public official, especially law enforcement official that comes up here and says that they're changing and going against sanctuary because of public safety is wrong. sanctuary makes san francisco safer, and this sheriff, this sheriff by going out of her way to help ice as she's doing is making san francisco less safe because what she is doing is making sure that mr. figueroa and others like him do not feel comfortable coming forward to law enforcement, and all of us as san franciscans, whether we are citizens documented or not should be worried about
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that because when mr. figueroa or your other neighborhood down the street who is undocumented is terrified to come forward which they are because of what this sheriff and other folks are doing, they're making us less safe by not coming forward. so, you are not making san francisco less safe by walking away from sanctuary, you are making san francisco actually a more dangerous place, that's what you're doing. er >> okay. i appreciate what you say, but i don't believe that there is only one route to sanctuary city, and i do believe that there are some discretion that has to be involved in certain cases. >> so, sheriff hennessey, just to clarify and it's my understanding that supervisor mcrim nao*e did have a case
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by case basis but the standard for the exception was notification or request for detention that was for someone who had a violent felony conviction in the past 7 years, you have a case by case basis as well but you're putting forward as if it's a new thing, i don't see it as a new thing, i see it as a thing that's based, a standard that's based on a lower standard, i think it's a standard, it's certainly not as low as being booked on a felony which is a very low standard, that hopes the door for a lot of communication that i think creates the conditions that we would see more more people like pedro figueroa experience, but i think that's the main difference, saying ta your basis a case by case basis is new is really not the case, it's a different standard that's in place. >> i would agree, it's a case by case basis on a different standard but also includes
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elements to look at community ties and -- >> but you would take that under consideration, i understand. what you're putting forward is fot that lower standard and while i wish we would have the highest standard that we could have, i do understand you not using what was before and that to me was a huge consideration and more than anything, i want to make sure that we can work together on having this high standard that we're putting forward today and it will be voted on at the full board on april 19th and your relationship with the community of san francisco including free sf and people representing the immigrant community is going to be vital of your work as a public safety official, so we'll make sure that happens. >> well, thank you. >> thank you. >> thank you. >> we'll open this up for public comment now. i do have a number of cards and people from the public
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who are haoe, i do have from the public defenders office first, i will call off francisco rigarte. >> thank you, supervisors, my name is francisco, i'm the immigration specialist at the san francisco public defender's office, jeff could not be here today, i'm here representing the public di fender's office. we bhoel heatedly support the proposed legislation to fix the sanctuary language and one thing that we have learn ined the last two or three months is that when leading public officials opening up the door, simply making a phone call as the mayor recently said to ice, we see situations like pedro figueroa unjustly sent to immigration for deportation for merely reporting a stolen vehicle, that cannot happen
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in this city. i just have one point to make and it's essentially a follow-up to what supervisor david campos said, there is no correlation, no empirical study finding a connection between deportation and public safety. there is no correlation between public safety and deportation. in fact, two law professors, one from nyu, one from columbia university studied the secure communities program, and studied crime rates in cities where secure communities was increased and there was increase collusion between law enforcement and immigration, there was no measurable connection between crime rate and deportation, alright, so the essential
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assumption that is leading law enforcement to increase popbacker cooperation with immigration, the assumption being we need to protect public safety. there is no basis, there is no study to suggest such a connection, so in fact, non-citizens commit crimes and there are arrested crimes on less than citizens, that is an actual study they found that non-citizens commit crimes on a basis less than their citizen counterpart. where you come from, where you are born, the country you are born from does not show -- is no indication as to whether you will commit a crime and that is -- we currently are live ining a time when there's heightened zen phobia, heightened racism and it is the duty of this city to stand against racism
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and zenophobia and to support naoez sanctuary policies. thank you very much. >> thank you very much and thank you for coming been behalf of the public defender's office. so, i'll call a few cards and if you can come up norls in the order your name is called, and if you can line up by the television set where the windows are, that's where we line up for public comment. ( calling speaker names ). >> thank you, supervisor aver kissinger, on behalf of california east justice aincensing we want to thank you for your leadership and making sure our community is safe regardless of these evolving tactics of ice and we hope to continue to uphold due process and sanding chair
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city, and it's unfortunate this case by case model that is pretty much set to fail because as we saw with the san francisco police department with the many officers, there's no accountability to make sure that these guidelines are being followed and don't think that it's going to happen any better with the sheriff's department, so we thank you for your leadership and hope that we can continue to create a accountability for these actions that are leading to family separation. thank you. >> thank you very much, next speaker, please. and don't forget to identify yourself. >> thank you for allowing me to make this comment. my name is nanio pimel and i'm representing the interfaith movement for sbekt, and we have a coalition, we convene a coalition in san francisco
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to talk about issues of immigration, and we want to support this legislation because we feel that one, the scapegoat has happen ining this country against immigrants is really, there's no foundation for that, there's no really a reason for us to look deeper into a group of population as if to say that they're more dangerous than the others when studies prove that that's not the case, and also a study of the university in chicago found through a survey of 2004 latino immigrants and latino u.s. citizens that 70% of undocumented people, undocumented infants are less likely to report crimes even if they're victims of those crimes if they see that there is a collaboration between ice and law enforcement, now, the 70% that's the vast
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majority of them, so i'm not sure how collaboration with law enforcement and ice will really make this city more secure, and also from a faith per specie, we believe that this is -- goes against our believes because 1934 said the foreigner -- reciting among you must be treated as your native born, love them as yourself, you are a foreigner because you were once foreigners in the land of egypt, so for us to tarnish people bho have made mistake ins the past with deportation is not treated correctly and not treated with our beliefs. thank you very much. >> thank you, next speak e please much >> good afternoon, my name is jay han lacier, i'm a ford fellow and we want the thank you for your leadership and supporting this legislation
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and tell you the three main reasons why we think this is important to happen right now, first of all, our immigrant community ares in a time of chris sis, they're gashed with not only escalating hateful racism but they seek to [inaudible] this legislation does three crucial steps, first, it's going to change san francisco's ordinance to become current with current immigration deportation reeves, right now, our city law you heard only addresses detainers which were immigration holds where law enforcement was charged with holding an individual for extra time, now ice is asking that law enforcement hold or notify people, but this update seek tos extend the due process protections to notification requests which lead to the same result as detain and he iser detainers have been found to be unconstitutional because they are not signed by a judge so they possess many of the same legal concerns. secondly, this legislation
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helps to bring the city's code up to date by remove thing obsolete provision in aninger chair cities, that was based on a funding stream that no longer exist and is was not in the original sanctuary ordinance, ice [inaudible] the obsolete language is no longer needed, it's no longer serving its previous purpose and keeping it would [inaudible] lastly, this update proposes to amend the current ordinance to clarify two low to law enforce. ment that they should not turn people over to ice, therefore, these cases have shown the urgency and importance of updating our laws to be current with what's happening now in san francisco i'm happy the board is seeking to support this, we want the sheriff to follow the city's policy to not lead to confusion.
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>> thank you, next speak e please, before the next speak e i'll call a few more cards. ( calling speaker names ). >> hi, my name is [inaudible] and i'm a uc berkeley student studying social welfare, i want to start by saying at 21 years old, i have live ined a a family where we couldn't trust local law enforcement, one of my biggest fears growing up was losing my mother and my sibling, i feared my father would kill us all and i was afraid law enforcement would tear my family apart, as the only u.s. citizen, i remember being 9 years old and running away from my father would was a u.s. resident, wishing and hoping and praying to god he would shot and kill me because that was the only way my family would ever be safe.
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that niek, he neaten to kill everybacker everyone in any family, my mother and my sibbacker sib binges after he zafer val beat meersinger, we couldn't calm law enforcement, and i shouldn't have to choose death and the separation of the people that keep my alive, and crime knows no borders, so even if you deport people, that won't stop crime from taking place and, yeah, that's all i wanted to say. thank you. >> thank you very much. >> next speaker, please. >> ( speaking spanish ).
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>> okay, good afternoon, my name is [inaudible] and i'm mere with the women's caucus, i would like to say that this is terrible what's going on. not only do we have to worry about other things, other
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daily things, am i going to get evicted from my house, am i going to be able to keep my jobs, are my kids going to be safe, now we have to worry if we report a crime where we're the victim, then we're going to be deported so what i'm skl all of you who are elected or have positions of leadership to stop this speedily because we don't want to be fearing for our children, we don't want to be separated, we don't want children to be separated from their parents or wao*if and is husbands to be separated from each other, so please use your leadership to better the situation. >> hello, my name is kits ya st*ef va, immigrant rights organizer with cause sa hews ta just cause and i'm unjacketed and i'm not scared to demand an end of this
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prablgts from our law enforcement. first of all, i want to speak to the experiences of our members in causa justa just cause who are experiencing displacement every single day in san francisco. not only because they are seen as [inaudible] just chaired the rising rent in san francisco not only because they're seeing their families in living in deep poverty but because the way in which law enforcement & cooperating with immigration and is customs enforcement also creates displacement and fear if the community and in many ways, it trickles down to members of our community hear framing the landlords that they're going to call immigration. when they're hear hating the police is connected to this, they will understand this as a threat and many of them have left san francisco because of that.
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i also don't believe that having that -- that using ice and using deportation as a way of creating public safety makes any sense at all. first because ice really is an agency that has no community, review or accountability and violates human rights and civil rights every single day, how can we trust in an agency that does something like that to create safety for our communities locally, and really, knowing that law enforcement has list with the deportation and the human atrocity that is our families are experiencing in deportation centers, this is going to cause more fears in our communities, this is going to continue to have --
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create no confidence in our community to deal with law enforcement at all, thank you. >> thank you. >> ( speaking spanish ). ( speaking through interpreter ).
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>> gracias. >> okay.
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my name is marie hernandez and i come from [inaudible] which means women united and active. i'm a survivor of domestic violence, it took me 15 years to make this report because of the fear that i felt. when i went the first time, they told me that maybe i should go outside and get some fresh air, the second time that i reported it, the police told me, maybe you should take your children outside and let your man, let your husband calm down and when he's cooled off, you can go back in, so now we have the situation here with pedro, people come here and you speak very beautiful, very softly, i'm so sorry, please forgive us, we apologize and speak so softly about this but how do you treat us on the treat when it happens, what's the treatment like not here where it's
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being televised but when there are no cameras. as a survivor, as an immigrant, i belong here in san francisco, my children belong here in san francisco, we shouldn't have to like be afraid to just do what we do as human beings, the apology, who's going to pay for his [inaudible] so, you said his car was sold, so who's going to buy him a new car, would's going to pay for those fines, who's going to pay for the emotional separation that his daughter and wife went to, we all make our mistakes and we pay for our mistake, then so be it, what happens when you guys commit mistakes? who monitors you, who deports you, where do you get deported to when you commit the mistakes? >> thank you. next speaker, please. >> good afternoon, my name is sira hue seine, i'm a staff
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attorney at the asian law caucus, i'm as representing pedro figueroa and on a normal basis, what i do is track the patterns of immigration enforcement that ice undertakes, so we're very glad to see that the sheriff recognizes that there is no difference in effect between secure communities and the priority enforcement program but it's unfortunate she does not recognize there is no difference between detainer requests and notification requests. i want to talk a little bit about that because that's what i study, detainer requests or request were put in to facilitate an in-custody transfer, they tolled people over their time to hand them over to immigration, now in 2014, ice's changed their patterns and tactic, they've started introducing notification requests, saying please let us know when a person is going to be released from custody so that we can be there at that moment to pick
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that person out, so it leads to the exact same things it leads to somebody ending up in immigration custody, no due process, no judge, it ends up being the same in effect. the problem with this is as supervisor campos noted, all fingerprints are already sent to ice when a person is booked so ice already has these, so to add an additional layer of notification doesn't only put the immigrants at risk but what is the ability to actually have their rights and due process rights recognized. i also want to recognize of the 2013 due process for all ordinance covered detainers softly, it recognized that was a mechanism that ice was using and it could lead to legal liability, if somebody's overstrained, let's say ice says wait a few minutes until the local law enforcement act osier hold that person so we can go
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pick that person up, so let me -- >> if you will just finish up, please, a few more sebds. er >> the due process for all order nants, the intent behind it wasn't only to limit legal liability of the city, it was too keep families together to recognize that inherent social fabric that is our society and what immigrants add to that, so i think we need to recognize that as we move forward with this legislation. thank you. >> thank you very much, before the next speak e i'll call a few more cards. ( calling speaker names ). >> okay, what i'm about to say is going to take care of this immigration reform and st sang khai laws once and for all, in order to take
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care of this problem, john, you're going the right way, the kind of legislation you need, you need to use the memorandum points and snorts pertain thing documents used to incorporate hawaii to be part of the united states. you need to create legislation to make mexico part of the united states ask that way you would eliminate this illegal immigration problem once and for all because mexico is not taking care of nair nationality of people in the correct man e that's why they want to come over and live in the united states, by doing that, you eliminate that problem by having mexico be part of the united states and you eliminate this illegal immigration problem and this conflict of sanctuary law, as cesar chavez knew that i knew the history rof the latino and black people and i'm here in a position to do
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something about it, he would turn over in his grave, there were black people that were slave ts, when the 14th amendment came about which was because of the end of slavery which is the reasons why the 14th amendment was put on the books and then blacks flee from being slaves, the whites sueded hispanic latino people to fill those positions and that's the reason in the history why cesar chavez had to make that movement and make sure that his nationality of people were treated fair, okay, so now we have these sanctuary cities, the sanctuary cities delivers an adverse effect to not only citizens but delivering an adverse effect to people who are using ser
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>> gracias. >> so, good afternoon, my name is isabel mccan, first of all, i would like to thank jesus christ for allowing me to be here and i noticed that you seem to be really good people, then you must also have christ in your heart. i wanted to mention that i'm a member of causa justa just cause and all of the workers organized there are really baufl because they're selfless, their interest is in helping all of us. in terms of what i'm asking you as an immigrant woman, it's my first time here so i'm blessed to be in this
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beautiful space and i hope it's not the last time, so within that, what i wanted to ask you is just to let us be, we come here to work, we come here to pay tax, let us work, let us pay taxes, every day we pray, i hope we don't lose our joshing i hope they don't cut our hours or evict me, this is smlgts i have to pray f i hope i don't get deported if something happens to me, and that role that you have been given with power, then what i'm asking is for you to make this bet e by being in this space is really beautiful and i hope this is not my last time being here in front of you. >> thank you very much. gracias. next speaker. >> ( speaking spanish ).
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( speaking through interpreter ).
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>> gracias. >> hi, good afternoon, my name is gloria and i would like to begin by saying it's -- it takes a lot for us to be here, it takes a lot for us to leave whatever we have to do to be here and to offer testimony. but i want to remind you that there is a law in place that there is a law in place and it's called due process and it has to be respected. first and foremost, we have to be respected by the people that we elected as leaders to respect that law, specific here, the sheriff, we come here to this country again to work and we come here to respect the law and we do respect the law. sure, some of us can make mistakes, there are ways for people that could make mistakes that they can do
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whatever it needs to take to pay the price for those mistakes, but deportation doesn't make us any safer, doesn't make any city or any neighborhoods safer. i want to finish with this, that i want to thank the gentleman again that this situation happened, pedro, because it takes a lot to be here, it takes a lot for you to be here and share your story, and i want to remind the [inaudible] of two thins, who's going to pay for his loss of income, for the emotional stress his daughter suffered through this and the second thing i want to remind her of, when she comes here and says i don't know, i don't know, i don't know, how can you as an elected official that was elected and is being paid to know that you come to us and you simply say i don't know, you need to know, it is your job to know
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when people ask you what is going on. thank you. >> ( calling speaker names ). >> good afternoon, public safety, supervisor avalos and campos ( singing ) california dreaming on such an ice winter's day, california dreaming on such an ice winter's day, bring more sanctuary your way, make it a sanctuary day, bring sanctuary our way, you're as cold as ice, willing to sacrifice our love and our law, you're as ice, don't make us pay such a price for everything.
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wouldn't it be nice if we had more sang ware city, then we wouldn't have to wait for so long and we'd love to live in the city together in the city town where we belong, happy times and money we'll be spending. i wish the borderline is never ending. thank you. >> thank you very much. next speak -- speaker, please, and anyone else would would like to speak, please come forward as well. er >> that's a tough act to follow, i'm the board chair at le centro legal, at the mission district serving immigrant communities here in san francisco, thank you supervisors for taking up this important policy to
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protect our communities from police ice enhangbacker tanglement, you have already recognized that we've separated our law enforcement agency from the draconian practices of ice, we cannot foster trust between our police and our immigrant communities if immigrants are turned over to ice when they come to our local law enforcement for help. i know figueroa's case is one of many that has demonstrate today all of us that we need to be strengthening our due process for all and sanctuary city ordinances, not rolling them back, thank you, supervisors for doing that today. >> thank you very much. >> ( speaking spanish ). >> my name is stef stef
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nao*e leganti and i'm the coordinator ofp translatina outreach. so, when i arrived in california but specifically when i arrived in san francisco, i was happy because i arrived in a sanctuary city, as a member of the transcommunity, it was
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extended to us but now i'm aphrased that if women in my organize go to report domestic violence, they might get caught up in this tanglement of deportation. and i would like to demand to -- from the police department to give us back our confidence in your police department, in u.s. immigrants, as women, we want that back so we can keep working together. thank you. >> ( speaking spanish ).
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. ( speaking through interpreter ). >> my name is emily degat toe and thank you supervisor campos for your support. i wanted to start off with what the sheriff said that she doesn't know, what she doesn't know, we know, we know it every day, we feel it every day in our communities. we come here to this country to work, we come here to this country to make lives better for ourself and is our chaining and i'm sorry that it doesn't do anything, it doesn't take away all of the
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silence and all of the pain that is caused to us that led to someone saying i'm sorry. so, the police department, all of the law enforcement, they're here to respect the law, they're here to respect us, unfortunately, if this exists, this cohesion exists between the local police department and is immigration, then i'm not going to report anything, i'm not going to report any assault or nest i can violence, it's going to make
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us less safer. so, again, i want to [inaudible] the police department to give us back our trust in you, to do your job. i have a right to be safe in my community, i have a right to be safe at home. if i'm experiencing domestic violence or any other aggression against me and i think that by calling the police to do their job, it's going to lead me to deportation proceedings, i'm not going to do that so it doesn't lead to trust and do your job, so i want to end by saying, do your job, do your job.
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>> ( speaking spanish ). ( speaking through interpreter ) >> my name is sylvia lopez, women united and united women. i want to thank supervisor avalos and campos for supporting and for keeping san francisco to be a sanctuary city. i didn't come here to the united states because i wanted to, it was the violent, foreign sanctions upon the u.s. government upon my country that forced us to leave our countries and to come to the united states.
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and that same violent system is forcing us to have to leave our homes, that same violent system is paying us wiz rabble wages and that same miserable system is forcing us to now be deported. and the only reason is so that we can respect laws that they themselves don't even know what they mean. and we want the police department and the sheriff's department to treat us as such as being people that have human rights.
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and we want that trust to be rolled back up to be working hand in hand, not to discriminate any opportunity they have a chance to do so. the displacement should be towards -- corruption should be the one that should be displace and had lack of humanity should be the one that should be displaced. we are women, we are immigrant, we are members of family, members of communities and we should be able to maintain that humanity as members of families and communities. we're here, we're not leaving and you're not taking us out of our communities. >> gracias. >> ( speaking spanish ). >> good afternoon frkts my
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name is julio -- i'm an imgranted fra chile and i'm been in this country for 15 years. i had the misfortune of riding the [inaudible] when i came to the u.s.. so, i had the misfortune landing in san diego where you could by on any city bus and immigration would pull that bus over, one officer would go in, the other would be inside and they would
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separate family, chilling lee wasn't experienced in immigrant but now they are, when i stranded in this country, i started to experience racism. so, i had to leave that city because it was just really terrible. in terms of my own immigration story, i came here because i'm gay, it would be just really difficult for me to live in chile being a gay man, so this country opened its doors to me, only to have them slammed in my face because of what i look like.
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so, what i want to remind the sheriff is this, that there is such a thing as human rights, above anything, i'm a human being, sometimes they have to have humanity for themendings i've been in this country for 15 year and is ie eve had no involvement with the law, so speaking latino doesn't make me a criminal, reiterating that [inaudible] have to have humanity and
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reiterating the fact that i'm a human being first above anything. so, what i would like to say
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is that in my 15 years living here and i'm a citizen of this city, i used to really like the san francisco police department, i didn't have issues with them, that started to change a couple of months ago when they just became rude, i'm wondering what's going on, i had a situation where i need today make a report, they made me wait a hell of a long time when they engaged with me, they were really rude and disrespectful, so my question is to them, what's going on in these last few months that made you as a department take this turn for the worse, thank you, that's all i wanted to say. >> gracias, any other members of the public that want to comment. we'll close public comment, and i also want to recognize our translator as well, could you state your name on the mic., please. please come forward and i want to thank you for your work. er >> interpreter, i'm norman
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am alexander [inaudible], i a proud immigrant of columbia. >> great, thank you very much. we'll close public comment. and we have this legislation live before us. i want to thank everyone from the public for coming, i want to thank especially people who identified thermoses as immigrants and undocumented immigrants would came and spoke and especially the [inaudible] i had done work with -- a long time ago, about 20 years ago when i was a social work intern, had worked for a lot of women to [inaudible] 20 years ago and just seeing people testify here today with so much inner strength and collective strength, i know they were good referrals so thank you for all of your work in the community and building your
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mutual support with each other. onebacker i want to thank the police department, captain hart for being here and sheriff hennessey, we have some disagreements about what standard we want to have in place for how our sheriff's department moves forward on its case by case review. i do not mrao*ef, i have hoped that is not insurmountable and i want to make sure that we can have the highest -- restrictive standard that we can have and have klaoe, open communication between the department and the community as well who sees this amendment as being vital to having the standard we put if place in 2013, i also want to recognize the mayor did support this legislation, the standard that we're putting forward today as well. this legislation does two things, it changes obsolete language that's in the
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sanctuary city ordinance that allows the standard of local law enforcement to xhaounbacker communicate with federal immigrant officials, for people would are booked on a felony, that low standard opens the door for ways that would be completely undermining our sanctuary city policy and trust between immigrant community and law enforcement and it is very fitting that today we remove that language. the other piece of legislation is that we're extending this due process for all standards for the new changes in the federal immigration program called the priority enforcement program or pep, the pep program is no longer relying on requests for detentions, the hold letters but is calling for simple notification to people who want to have the clear separation between local law enforcement and federal immigration enforcement because that separation is vital to public safeties and
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trust, removing that -- set hating standard in place and extending it to notification is vital so we want to make smaour that moves forward and that happens, that's what this legislation also does, and reiterate hating the standard of 7 year felony conviction is what we move forward in terps of what is allowed in terms of the exception for communication, also take into consideration a person's record of work and service in the community and efforts for rehabilitation, so i do want to thank again the sheriff for being here, i look forward to the discussion that we have for this legislation at the full board and i would like to open up the mic. for my colleague, supervisor campos, for his thoughts. er >> i don't want to really belabor the point, i think all the key points have been made, but i do think there has to be some context, you know, nothing happens in a vacuum and we are making
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history i think. i think that, you know, and the question is, are we going to be on the right side of history, and i believe that san francisco will be on the right side of history, that we will be on the right side of history when it konl ts to sanctuary and immigration, i think that in five, 10, 20, 30, 40, 50 years from now, people will be writing about this moment and i know that when that's written, i want to be very clear what side i was on and i think that that's what we're talking about, being on the right side of history here, and i think that at the end of the day, you know, people complicate things too much, it's not that complicated, it's simple, you' either for sanctuary or you're not, and if you're not willing to do that, then you're not -- you're on the wrong side of history, it's that simple. >> thank you, i do want to
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clarify my last statement, notification is the same as the detention, if the outcome results in a deportation, we're not create hating clear separation that we wanted to create. supervisor campos, can we forward this? >> moved. er >> we have a motion from supervisor campos to forward this legislation as is to the board of supervisors and we'll take that without objection and then on our hearing, could we a motion to file. er >> so moved. er >> we'll take that without objection as well. thank you very much. [applause]. madam clerk, do we have any other ie tens. er >> there's no further business. >> we are adjourned. thank you. ( meeting is adjourned ).
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adjourned. >>discussion thank you. > good afternoon, everyon welcome to the san francisco board of education for wednesday, april 6, 2016, my name is conserving i'll be joined by supervisor yee and supervisor wiener and joined by supervisor tang. >> supervisor jane kim thank you linda wong and jennifer lowe and herb the sfgovtv members moichltd. >> yes. electronic devices. completed speaker cards and documents to be included should be submitted to the clerk. items acted upon today will appear on the april 12th board of supervisors agenda unless otherwise stated. >> okay. thank you madam clerk cal state university item 3. >> item 3 receive an update if the mayor's office and on the updated 5 year financial plan
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for 2015 to 2020 good afternoon brendon from the controller's office as many of you may know i as you may know every year and twice a year the 3 financials office the controller's office and is mayor's office budget and budget analyst prepare update for the consensus for the forecast we issued what we call a joint report in november along with budget instructions and two week ago we've prepared an update and accomplished published that on all 3 websites we're here to give a quick briefing on that report on o at the highest level good news and bad news the two year shortfall our office project the next two fiscal years we see improvement in revenue and a couple of other resources that led us to project a 200 and $50 million as opposed
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to $350 million we expelled in november we'll talk about what changed we're seeing none, improvements that improvement is driven by news we've recorded to you 6 months ago and then some revisions that is partially offset by things one is worsening pension returns to february the pension fund was down 4 percent in terms of their market gains and as you may know the system counts on 5 percent return and when they fall short we make 2 up in the highest pension so the higher loss to the end of february which worsens year two and additional appropriations were moved through the system we
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worked those uses were the general revenue drive the tricks for the budget year. >> so the high-level tabular form that is the sources and uses look at in the two year the $6 million shortfall in year one one and 60 memorial day that is the two year budgets the outcome is somewhat alarming 67 hundred and 90 in year four are higher than a couple of years driven by employee costs and expenses pension costs higher than previously expected and slower revenue the assumption of this year. >> this table is trying to summarize a high-level what
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changed go as you can see the top lines are the 3 oaths even though bottom line is projected and the middle is whated as you can see sources and improvement $24 million in 2016-2017 and 90 miles million dollars in 2017-2018 and the loss in year there 3 this is better than the last two years and going way in year 3 that's the revenue side other changes are relatively small with the expectation of salaries and benefit cost in 2017-2018 and 2019, 20 higher than the previous the pension costs again lower returns the currency years that continue and pension costs will go up the future years,
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and, secondly, we have open labor contracts with the contracts we make assumptions we'll be negotiating those contracts next year at that time and use cpi so the most recent estimates are higher than than november and causes those to be go up. >> we've talked about a couple of these things to hit a couple of highest points as i mentioned balance a six months report and given new news for public health the current fund balance a higher than k3e79d with the future forecast on the revenue our forecast for the 4 years the are unchanged ups and downs but the only significant one is the
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good news on property tax the assessors oversees office is catching on that part of the world and seeing fewer appeals and a couple of things effecting the property tax this is drooiven the revenue partially offset by revenue loose in public hotels given the medi-cal wave we'll be hearing about that when public health department comes to present their hearing a couple of big things the baseline ross mostly the percentages of revenue that end up flowing 0 other purposes and voter initiatives we've seen an increase in the baseline contributions during this period one of the good news or bad news depending on which side of legislator your own population
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growth the city has about this very strong in the last year and given prop a provided by the voters in 2014 that drives a higher contribution to the mta we expected in november that costs are reflected her and has a benefit you you've heard about that at the last hearing on the mtas budget our projections assume generally speaking we assume where the policy choices are pending or approved by the board we base it as assumptions one of the things we're hearing is 9 assumption it the rec and park and baseline that is proposed by the mayor and pending a vote in june we've you assuming a new cost reserves as i said stronger than
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expected uses of reserves needs we need to make a large contribution to the same reserves we have $10 million that is drawn to the general revenue it causes a contribution to the reserve and i'm going to turn it over to melissa white house from the mayor's office of budget she'll talk about that. >> thank you, melissa acting budget director i want to chat along the expenditure as the controller mentioned this report assumes that assumes cpi the out years and the now 3 housing unit 25 rates that plays under the agreement as of july 1st a contract negotiated 3 years ago and open contracts in 2017-2018 we're assuming that a consumer price indexes and now closer to
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3.1 percent on the retirement pension contribution side the report in december 2015 that we put out assumed we'll meet the current year returns and actually at the time, we issued the update they were negative 5 percent so we thought that was prudent to move forward and include that it is included here. >> on the non-restricted so 2 point - and then on our debt program your participation program there is a few changes one related to the project reenvisioning the process ongoing right now with the board and the mayor's office and that will be concluding in the fall feeding into the capital
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improvement plan near and the next is the new facility from animal control to the certifies program and so this, of course, is the forecast an update with new information we've gotten since december but definitely just a forecast we're working hard to tabulate and figure out how to balance the budget by june 1st those will be impacted by the economic recovery we don't do recreation by a dignity fund program that moderating or anything else that is possible that will effect our budget as well also potentially any new revenues along that line impacts our budget. >> i'm going to turn it over to the controller. >> so one of the things we do the 5 year forecast provides the
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modeling for the board and mayor and the other decision makers regard how this somewhere changes should the financial picture change between our office we prepare a recession scenario and in each of the documents this is really modeling a blend of the last two recessions as a remembered if we get through 24 one a recession to the united states that will be the allocating period since world war ii this might be a possibility and changes the picture quickly and dramatically the numbers we're looking earlier the report assume a continued but slowing expansion the city. falling from 8 percent if ten period of time growth to someone on the o something more normal if losses are suffering like the
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last two recessions as you can see it causes a $680 million roughly difference than can occur is sitting down increases the future shortfalls is it so something to be aware of as we think about how to approach that >> but again, the key finding from the report of shortfall the 3 offices have projected a lower shortfall of 200 and $50 million with the improvement of november a higher projection than shortfalls when the projections were one million dollar and again driven by revenue improvements predominantly offset by supplementals and worsening pension returns i'm sure any of the offices will be happy to take questions. >> thank you mr. rosenfeld colleagues, any questions at this time. >> okay. i appreciate the
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presentation thank you for the work and looking forward to a continued conversation supervisor wiener actually - >> thank you, mr. chair gums that the projected deficit coming down i gave a thumbs up prop b was exactly the point more people we need better transit and unfortunately, this building is to the great about that calendar into the region and that's why now physically impossible to squeeze into bart and caltrain or muni sometimes, i know that that causes challenges when you have some of the automatic increases but that's the exact the point of the $10 million and appreciate the presentation. >> thank you, supervisor wiener for that prop b much appreciated we've move on
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to public comment anyone wish to comment on that item okay seeing none, public comment is closed sorry this is item 3 with that colleagues could we make a motion to continue this through the chair. >> is there a second. >> seconded by supervisor yee we'll take that without objection. all right. madam clerk call item 1 please. item one a hearing to receive a bucket update from the rec and park department for the fiscal year 2016-2017 and 2017-2018 and . >> okay. thank you very much we have phil ginsburg and property line from the rec and park department thank you for being here. >> colleagues this is one of the first departmental overviews for the season so thank you for being up first. >> thank you, supervisors i hope you get a chance to be
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outside it is nice we've provide a brief overview of the budget and as we'll talk about in a second we find ourselves in a unique way we change the budget this is a reminder of some of the key elements of of our strategy plan which will tie into the investments in a little bit be this is 4 key strategies that is focused on on public space and play focused think cultivating volunteer and supporters and stewardship and our workforce itself so the controller alluded it the proposed chart amendment that is a brief reminder of what it will do
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the measure guarantees the department a stable level of general funds for by sherry our subsidy b will not drop below in 2016-2017 fixed for $6.2 million and increases the department support by $3 million a year for the next 10 years and by the percentage that the general fund grows or contracts for the 5 years actually for the - for the 15 year - yeah - right and ad r for the expiration of the measure you know this a really good thing for long term planning and thank you all of you for supporting the measure and supervisor farrell for your work in promoting it. >> the protection instability
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we get comics with obligations we are responsible for absorbing all the costs increases and revenue changes within the new baseline and your one time capital equipment that were previously funded by the you know discretionary fund we have to absorb all of that the mayor's office budget has instructed the budget to be 1re78d the assumption the charter amendment captures that's what i'll take you through new now. >> because we are pegged to the r78s budget let's take a quick look at that you can see what the operating and capital budget funded it is worth noting that fluctuates from year to year based on when bonds are issued and other grants
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significantly the ballot measure includes a very, very the babies include a healthy year $2 million we've pledged to maintain that level of general fund capital investment so tackle some of the one time maintenance challenges and for us that is really one of the most exciting aspects of the 34ur measure obviously the amount of revenue the budget independence how much we can spend where our revenues come from 3 primary sources roughly a third a third and third a third, the money we earn from things big and small from outdoor lapd's to program fees to we operate parking, 4 that
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concludes my remarks and commissioned about a third if our open space fund we currently get 2 and a half cents of the property tax that is allocated to the open space fund and our general fund subsidy that is what the measure is going to protect and increase over time. >> just a little bit of on overview where and how we spends our money it is spent on park and maintenance nearly half and third open reaction and third on maintenance and miscellaneous other we're thin the administrative so 7 percent of our budget is for folks like me. >> and then as you can see in the next pie charter we're the vast majority of our budget is
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spent on salaries and what in the so again we were budgeting this year based on the assumption that the measure would pass and so building department once we applied the measure and factored the increased costs of salaries we actually did have to fall for a little bit of funding- wait a second here here's the - so after we absorbed all the cost increases we funded the general fund capital budget we have a shortfall but we got it to the earned open space fund overall
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good news $4 million to reinvest in 2030 what wale do we'll go back to the strategic plan and strategies so a big allocation for deferred tools and things we've not done in the past included in some of the staff adding american people electrician and plumber and focus on deferred maintenance and frankly a lot of things i know you hear about it in your districts this for us is like the highlight of the measure as you can see here that by having the healthy general fund capital
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budget we're able to augment a lot of the maintenance buckets categories we used to fix things what is here you'll not see what we spend spent in 2016 by increasing the budget by 36 percent this is more of a true - we're investing millions of dollars for camp mather our ball fields our synthetic and others fields we're excited about having a bucket of funding for amazon and we have sunset and the renovation urban forestry is a big challenge we'll add funding to our urban forestry to tackle tree maintenance and tree care port resurfacing we hear from our officer who to be resurfaced and
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tennis courts and heating is something we've long neglected we have throughout our parks pathways and trails that actually need care and feeding we are making investment in the second strategy it is focused on play and recreation and the measure we very proud of the fact we had you to insure the measure deputies metrics to make sure that dollars were investing go to wherewith that is needed and doing that as you can see we're focused on adding recreational programming in poor neighborhoods we felt that was a little we need more programs a little bit more funding for
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youth and seniors and significantly update to the reservation system it is antiquated and will benefit everyone perhaps the biggest program fixing what is broken appreciative maintenance and cycles for the capital assets this is a rather large undertaking we've started the planning but working with some experts and additional staff and software involved we can better track our capital assets and know when we need to replace the tracks for 10 years and things like that
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inspiring stewardship we're adding some i p m specialists and then i'm excited about the fact we're going to bring in a farm which is running on volunteer support for a long, long time and having a site coordinator we'll better incorporate our programs and off farm care to make sure that people have access that to with wonderful we have site and a little bit of funds that had likewise allow us to offer a green program one of the best environmental education for forest programs and then lastly some stuff to insure that our staff is well-trained and prepared and
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has the tools we have a staff organization i'm very, very proud of. this will allow us to further the workforce for an apprenticeship program and give them some better tools to do their job is soconnection activ we've gotten a lot of good feedback we were i think we were at jean and recreation center we present three or four times at the commission all prozac and staff meetings those proposals ended up on the list were collaborative in partnership with the community a little bit of an overview we'll urban design back. >> thank you very much mr. ginsburg colleagues, any
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questions for the rec and park department staff. >> supervisor kim. >> this is just something that came up recently, we don't know about the passage of the park when will you plan for the growth are we looking it as a long term budget how we plan to increase those dollars it's been a tremendous amount of dollars more than $3 million so that's why we we get a sense of how rec and park increased the funding. >> thank you for that question some i recovered referred this allows us to plan for our deferred maintenance over a scope of time the increase itself you know this is really about stability and protecting money from deferred maintenance many increases are great they will
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help us really fund you know the increased cost of government but investments will reflect our strategy plan and the measure itself requires us to do operation and capital plans so we're going to be planning intensive some of the work has started we tackled our strategic plan two years ago i feel we were already thinking this way before it ended up on the ballot we continue and a big piece was the equity analysis but engage on the stable for more additional dollars. >> absolutely the stability is re really, really key i've had the pleasure of being the job
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seven years my first job we were faced with a 20 percent reduction i feel we were have come out of that area and in terms of stability we can do marry planning and be a little bit less reactive. >> supervisor yee. >> in this presentation is there a slide it talks about the revenue. >> the slide that talks about revenue we alluded to revenue sources on what i think that page 5 of your presentation. >> and then specifically revenue growth on incidental page 8 where it says summary of
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budget solutions i. >> getting different slides some 1, 2, 3, 44 6 /* /- how much revenue does our department get from leasing. >> the actual dollar figure can we have the last slide oh, here it is i'm not sure i brought that slide but the math 38 percent of one and $46 million roughly between 50 and 60 millions is earned revenue. >> and the leasing. >> a lot of things supervisor
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it very little this is our question comes from the clubhouse not a strategy but more targeted programming and i think the biggest chunk off our revenue probably here we go so lounges is a big chunk we procreate the civic center and portsmouth and park program fees which have not increased you know only the board of supervisors can actually increase our program fees their allot to increase by the cpi but again not from charging more we're seeing more and more people active the parks that's great we get a - used to get revenue candle stick we operate
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a couple of restaurants outlands is a big driver now up to $2 million a year a mix of resources. >> thanks. >> supervisor wiener. >> thank you mr. ginsburg can you comment on specifically where 9 department is in terms of park patrol highway patrol how many rangers are think duty and whether you've seen improvements in terms of their ability to enforce the law and also guardian i'm sorry gardeners and arborist. >> it is 45 for park rangers the support that you know both
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the mayor and the board made we've increased the park rangers we're recruiting 17 vacancy's right now are helpful a fabulous new park ranger piece the force is a lot more professional and anymore robust we're able to spend look at the more dedicated time and some of the parks that need it most more visual park ranger time in delores park and the civic center still not where we need to be to tackle the 200 and 25 parks but definitely getting better. >> do we know at any given time how many rangers are unusual on duty. >> our scheduling is more efficient we have over lapsing activities e shifts so 4 to 4
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and then an overlap like 7 to 8. >> more members of the public that might not sound like go much but typically adversities been two. >> it's getting better it's getting better. >> now 200 and 20 or so gardeners with our supervisors and your apprentices the second year we want to continue that one of the things we're struggling with a little bit is that we have on older workforce and we're seeing greater attrition than apprentices it is a great way to train the staff and make sure they're trained over the next few years to make additional investment in the
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apprenticeship program we're managing the workforce pipeline so i would like to be right now about 1/3rd a little bit more than a third of the new gardeners come though the apprenticeship and have 1/3rd outside hires and two-thirds the house so the urban forestry. >> - >> with gardeners the last few years has it been a positive direction. >> a little bit i think where we have been needed quite frankly the apprenticeship program has been a definite success and partnered with hassan basically a p.s. d program that added up to one workers in our parks so we're employing people that have had trouble with stable employment and they're taking over some of
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the non-vertical tasks of the gardeners that overall has been helpful we need to make investments in our parks. >> and then forests. >> urban forestry probably our weaken tweakiest link we're adrc 4 foresters i think that in partnering with them they will we're going to be absorbing the bodies so added funds for tree maintenance and tree removal so some growth i think this is an area that needs a lot more
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investment. >> thank you all right. colleagues, any fallout questions for mr. ginsburg or staff thank you for coming forward opening it up for public comment anyone wish to comment on item one seeing none, public comment is closed. colleagues can i entertain a motion to continue through the chair >> we'll take that without objection. >> madam clerk item 2. >> a hearing to receive a budget update if the department of public works for fiscal year 2016-2017 and 2017-2018. >> thank you, very much want to thank mr. nuru for being here. >> we'll get moving whenever you're ready. >> gm good afternoon and thank you for the opportunity to have
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a brief overview of the budget for 2016-2017 and 2017-2018 i know you're familiar with our agency we're a 24/7 operation we clean streets to removing the graffiti to managing many of the construction projects we work with many neighborhoods right-of-way and streets and situations and just you name it public works is there and you can we're the agency that responds to many of the concerns that come through our causality center in developing our budget for 2016-2017 and 2017-2018 we have core principles we use to develop the first one is our bucket is aligned with our strategic plan we have one, if
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sets goals and objectives that plan transmits into performance plans how we deliver and measure how well, we achieve those plans our budget provides a continuing and expanding continuing programming including the successful pit stop program you'll hear about today which is the public toilet program the new itself one the budget also restoring service cuts from prior years for example, in 08 and 2012 our urban forestry crews we were 62 percent of the general fund was supported by gardening and arborist staff we've not fully reversed restored that team as part of
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our core principles providing job training and apprentices opportunity the presentation increasing the staff to deliver many of our capital projects primarily two large clients mta the bonds that passed last year from the puc that have huge improvement programs this is important because this is money and requests that come through elected officials but improving our infrastructure and public works have played a major roll in designing the buildings and managing the projects. >> while we're proposing the budget our budget shows a 200 and $64.4 million and this is
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not including the salaries and benefits of the out budgeted positions that make ups for 37 percent of our staff the presentation today will give you the public works prospective on how our operating budget it excludes the benefits of our budgeted positions we must manage the operating budget public works proposed budget for 2016-2017 and gross operating budget is two-hundred hundred and $72.9 million which includes many positions. >> the general supports totals $30 million representing the resources
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the proposed 2016-2017 budget capital budget is one and $52.6 million this slide here shows a breakdown of the budget sources as you can see the largest chunk of our budget comes from city departments that work with our money that is 74 percent and others come florida state gas tax and revenues 5 percent and 11 percent is general fund and then the two smaller ones an impound account are ecology 2 percent is general fund support of the two series of certificates of participation that is with the street right-of-way between 2009 and 2011. >> supervisor kim has a
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question. >> a quick questions i wasn't aware that public works can't stewart set fees for certain types fees like cigarettes people flick on the sidewalks what percentage of those fees and the various types you are. >> the account is through the rates we in the department of environment it is a grant to the department of environment. >> i see. >> we administer that because i've been the rate officer for the city ass remedies for how some of the monies come to the rent board. >> what are the various types of fees that public works can assess. >> the fees are through permits people who work in the right-of-way who tree regulation and through
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our revenue to finance through people who. >> graffiti. >> graffiti clean up graffiti or garbage. >> and the specific fee for the environment by the way, i support how many fees i'm sure doesn't generate a huge amount of fees for the department but be aware of that prior to read about it. >> all of the fees go back into the rate for garbage so they go into the rate we have programs that are fund in public works we have 3 programs funded the ferns we have a path operation ecology takes some of the 311 calls and picks up the illegal clean up by residents. >> the fee on cigarettes that
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public works can access to department of environment that goes to ecology. >> no can you help me out on this. >> their programs that are funded they're funded through the impound account is funds a number of programs these programs are through the department of the environment and mr. rosenfeld it supports part of the public trash i hear you ask about the cigarette abatement fee that fee the mayor and the board established about 6 years ago now and as part of legislative action it requires the controller's office and the public works every number of years to conduct an analysis and
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automatic increase the fee the nexus study does a review of garbage picked up in the city and contributes a portion to citizens butts that happens every year we go through the analysis. >> do we have many others similar types of fees. >> relate to trash and refuge. >> an important thing is prop 3 of a law change that made it difficult for local governments the state of california to capture fees last week that passerby for a permit your ref the benefit that is dribble contributeable there is a connection between the community that is paying the fee and the
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impact it causes the communities but anymore defused. >> prop said they're not fees for taxation didn't permit any new fees so we haven't seen many of those to the best of my knowledge we haven't got an impact like this. >> and generally goes into the general fund. >> yeah. in this case is offsetting the cost of the street cleaning budget for the department of public works. >> that's where most people flick their butts i'm surprised because the state has strength when we can assess. >> and they've tightened up and a discussion of alcohol impact fee by ciara fee an acholic beverages that is not
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permissible. >> i was curious what other types of fees similar to the one the city and there's not that many. >> i can do more homework and get back to you. >> a little bit of the budget overview for 2016-2017. in terms of uses and the greatest changes take place in our infrastructure and building divisions which are growing but 8 point plus millions and such for police station and ada facility improvements and the sewer system and many of the straight improvements and smaller increases are hone in the building design and construction and the urban forestry a doughnut chart >> and lastly some of our new initiatives we have a few
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initiatives the first thing is we're requesting additional support for encampment cleaning services encampment cleaning services has increased tremendously if our agency and we believe to meet the requests that we have through many of the city service requests we need additional staffing this initiative currently a lot of humane number of our staff sometimes as many as thirty a day are diverted from their normal work they do on a given day to go and clean up many of the encampments we're also seeing a huge increase in the number of things we're pickup on the streets and
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seeing a huge increase the requests for stream services from the public that operation we've tried to be as reasonable as we can but this information is based on data the last six or seven months a demand is highest the second initiative is actually i'll go both ab this program we started a year and a half ago with 3 pilot programs and running 10 toilets both to city co-and pit stops to continue it program is $1.2 million and add another program a total of 20. fiscal year 2016-2017 and that
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program as you may know has made a huge change for people who use the bathrooms the streets and a program that provides job opportunities to many people who otherwise - real big hit in the department because of the numbers alone speaks for itself on having a couple of hundred flushes a day has increased tremendously and thousands of flushes at the end of the day it keeps on increasing and people are now using those bathrooms if you have around civic center or 7th street you'll feel the difference we believe the bathroom, contributes to them over there and the third initiative is section algeria and street inspector of the programs the last few years
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we've been thankful to your support for many years the labor apprenticeship program and many of the apprentices and many have gone on to serve other departments some outside of the city the last few years we launched a gardening arborist program and both of those are doing prohibit and asking to expand our programs to increase the numbers of stationary engineers to go through the practice at building inspection program the special engineer program will allow participants to go and visit many of our classes in particular and many of the structures that we have to maintain and need prevent work on the inspector program as you may know not been able to keep
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up with the construction in making sure we providing thorough inspection and making sure when contractors working the right-of-way they are doing things correctly and just having the resources to dispatch when we get those calls those are fee jason part of our program we believe that an apprentice program leads people into the profession we make a difference and lastly the green bent district is one that was funded our time half time last year we have the city's first green district in potrero hill which actually generates revenue to do more maintenance, cleaning and some type of new projects on potrero hill since this program started staff is engaged with many other neighborhoods creating green benefit districts
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and we are asking for one thousand dollars to make that a full-time position so we can keep on building those benefits make a huge difference to entertaining >> thank you mr. nuru supervisor tang. >> thank you so much for your presentation and always be responsive to all our offices when we have needs know there are many to things i want to ask about the corridor ambassador programs how long that has been going and whether the department has kept that staffing level instant or increased arrest decreased still getting a lot of complaints around the commercial corridor i am curious about the overall department the staffing. >> the ambassador program is
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one that we started many years ago and when we started the program it was really well received and a lot of the partners have been doing really great work and been looking after many of the corridors and after a year, they graduate and some graduated into the top program and others to other places one and thirty slots for a fully invested program our numbers are 60 been declining one of the reasons the program is now open to other agencies to you heard from rec and park about a one over there and other agencies have the door open not many people want to go into street korean so from the selection a lot of the participants is the last resort to come and join us
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we're not assaulter not having success in retaining people to come to street cleaning the program is open to everyone and so we're working with the trend shop and human services to maybe hold off for 6 weeks we can go and make sure we reach our threshold as other departments not - street cleaning is a hard job and not many people pick street sweeping as they're number one choice. >> i love to photocopy follow-up with our staff and talk about the work orders and the second question was about steam cleaning i know that with the drought you know it obviously had impacted some of
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the services for example, we had put money aside for steam cleaning on commercial corridors i don't know if that is continuing or the department is sorrowfully cutting bac because of drought but drought has been a major issue for the department because most of our steam clean power is for fees or blood or sorts of stuff and the number of requests has increased for the department but special programs to advance the programs so in your district we are performing a function of a benefit proposition k - very with public safety housing so you won't see as many street cleaners but
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cleaning the sidewalks for the sake of making them look nice and the demands every morning people coming into work and have places they need to go it is just the demand. >> okay. >> all right. thank you. >> thank you supervisor tang colleagues, any further questions for mr. nuru okay. thank you very much for being we're opening it up for public comment anyone wish to comment on item 2 seeing none, public comment is closed. colleagues as of before can i entertain a motion to continue to the call of the chair we'll take that without objection. >> madam clerk calls 4 and 5 together. >> to effect the addition of one senior specialist with small property owners the mayor's
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office of economic workforce development to administer the legacy business registry and the preservation funds anticipate the funds appropriately 3 hundreds plus thousand dollars for grants and related administrative costs for the business registry and the historic preservation in or 2016-2017 we'll have regina from the small business commission. >> good afternoon commissioner farrell and regina the office of small business par of woemdz and oewd is also part of implementing the department the implementing department for the legacy business program the department charges with retaining and helping small business owners small businesses
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we take sorrowful the prop j and link operating businesses to retain the city about the small business the invested initiative that was created by the mayor to support and strengthen neighborhoods and businesses throughout the city the mayors budget proposal with the support of this committee we have millions of dollars we're able to provide in debt services for small businesses that includes legal assistance assistance to legal research and business loans and improvements and business planning a number of programs we have to help them those programs support of legacy businesses as well as younger smaller biz businesses we're focused on implementing the small business legacy and the
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historic preservation fund that's why woemdz and o s b we've been working together with the mayor budget on a proposal as part of 2016-2017 budget process we agree having a project manager coming on as quickly as possible is important that's why woemdz is beginning to bring on a temporary non-774 to develop a legacy business historic preservation this will be paid for existing departmental sources we expect this position to start at the end of fiscal year and anticipate we will request the continued funding for the 9774, 2016-2017 in regards to the grand funding i appreciate supervisor campos proposal
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supplemental there are two points that i'd like to have the committee give consideration to at this point the most critical point is excuse me - the most critical piece the funding to administer registry with the ftes coming on board at the at the end of the fiscal year of we allocate the fuvendz for the grant program we'll be challenged to administer those before the given e beginning of the next bucket year as part of fiscal year 2016-2017 we're working on a comprehensive proposal that looks at legacy historical business funds and the needs for real estate assistance and other key ingredients needed to insure a legacy business is sustainable for a long term and ultimately successful without city
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subsidies this proposal is not done yet since we're the process of developing as part of budget process i'll ask you to let us complete this proposal as the mayor's office budget and consider the oewd budget proposal thank you. >> okay. thank you very much i want to recognize supervisor campos and someone if supervisor peskin office to comment on this item. >> supervisor campos thank you. i have comments but also have a few questions for the lady that are relevant to the consideration but i have a few comments then - so as we know the voters pass prop j last year creating a legacy business
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historic preservation funds that was passed by the voter in san francisco with about 57 percent of vote but one and 8 thousand san franciscans voted for that very frank about this supplemental and the fact that eave had a lot of hesitation breaking and entering this forward i don't believe the supplemental is needed i actually think that we'll be able to see this from the facts the more you learn about the prelims of this voter approves mandate the more you realize how far hidden we are and building you me i don't need the political headache of having to fight for a supplemental if i felt that including this
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the mayor's office upcoming budget would cut it we would not have this conversation especially given that i've been in office now for more than seven years and i think that is probably is it fair to say i've never had the kind of relationship that i currently have with the mayor of san francisco i've never seen the mayor of san francisco be on his team upset with me and target me politically as they have the last few days and i understand that the mayor is upset with me over the issue of homelessness i know that he was not happy that we introduced an ordinance
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declaring a stated of emergency i understand that i'm a big boy i can take that but the reason why i've been hesitance i've been afraid and i'm afraid that his displeasure with me and unhappiness will get in the way of doing the right thing on this matter what i will say to mayor ed lee if he's watching mr. mayor i know your unhappy and happy to be you're political pen i can't do but please does not punish the businesses that are waiting for this program you can go after me but slowing down the program and prelims of this
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program and you know giving it a it's not the right thing to do and i hope it didn't happen the fact that the small business commission they're doing a good job i think the world of regina she has a tough job and doing the best we can she did resources are resources that we believe are needed based on what we saw based on what we've seen since prop j was passed and we're happy to give you the specification and give more detail my staff has had to play the relay of essentially being
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the staff person not because regina is not going a good job but she's over extended as it is are that i don't believe that the charter wants us to play that role i don't believe that the mayor should want anyone of the members of the board of supervisors to have the staff the legislative staff become essentially responsible for doing work that should be done by a staff in one of the agencies the budget supplemental we're asking for creates a new position that quite frankly should have been created i would say before prop j was passed but certainly should have been created right after prop j was passed so this person would actually had had work that is
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expected to fully implement prop j the supplemental includes funding for the historic preservation funds to allow building owners that house legacy businesses to prefor is an annual grant when the extended lease i can tell you there are businesses in my district that are waiting to benefit from that today i can tell you supervisor peskin can attest businesses in chinatown and other parts of district that are waiting and when i say businesses waiting these are businesses on the brink of being pushed out of san francisco director who is charged with implementing this program didn't have the staff person again, that's the reason my staff have been playing that role we've been holding sessions for
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businesses in the community and held a training for all legislative aide to to provide for people to understand how the program works we've made nominations for the legacy business registry and again, even though she's working as hard as she can the small business commission has not acted on any nooemgsz are that have been made and typed it shouldn't be necessary to ring the alarm about the crisis we're facing open affordability and i believe that if we wait until the end of the fiscal year and go through the budget process that that will be late for some too late for some of the businesses. >> and so with that, i'd like
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to ask the lady a couple of questions if i may. >> again, i want to thank you because i think you're doing your working hard and really want to say i'm appreciative of that since the prop j was passed has one business been added to the registry yet. >> no. >> and why not. >> again due to staffing the ability to process the applications we've not had the time to process the application and. >> thank you in terms of materials available online for the legacy business program has that happened. >> just that's happened we're the process of having those materials translated they'll be
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online. >> when did that happen for for the registry program that went online two weeks ago. >> okay. >> and again, it's been a kwhiet e while since the voters passed that are you responding to businesses that acquire about the program. >> yes. and, yes as best we can. >> i know we're getting a lot of folks coming to us it's been a challenge to escape up with the demand any pro-active outreach your office has deny to small businesses around the program. >> we've not be able to engage in prosecute pro-active outreach and again, because we don't have the staff to manage the program
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how about working with the 11 supervisors have you worked with at supervisor offices to train them and i did excuse me - before the at the end of 2015 i sent a memo to all the aids in terms of the process live informing them that we because of our ability to facilitate the number of inquires we'll only facilitate the applications that were received as director nominations from the supervisors offices. >> how about filling out applications your office eve surveillance. >> we are able in conversation we go through with them the detail around the written history and what is involved because i think most businesses don't understand they need to
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provide an historical narrative and so we go through that pretty clearly and we have done one referral to the small business department center for assistance in writing their history. >> under - one of the things required in the process there be nominations made to the historic preservation commission have you done any of those. >> no we've not made any referrals to the historic preservation commission. >> that's because - >> there are some of the applications that still need a little bit more information and i have 3 applications now that i've deemed completed in terms of having enough information that are ready to be forwarded. >> okay. and when do you
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expect to forward these. >> in hopes of next week. >> well, thank you i don't want to belabor the point what we have a department that is doing the best we can with the limited resources and you're doing wonderful work i don't believe that we should wait until the fiscal year i will plead with the mayor to make sure that whatever item didn't get the way of this with that, i know that supervisor peskin has someone here to speak to this issue as well i want to thank supervisor peskin for his leadership. >> thank you, supervisors we have a lavrd to supervisor peskin and supervisor peskin has link been an advocate for the
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preservation and it extends to the businesses and residents of those historical edifies the supervisor by coincides is in chinatown publicizing the virtues of the legacy businesses funds a member of the staff and just echoing a lot of the things that commissioner peskin we actually have businesses right now that will apply for waiting on the funds specifically waiting on the landlord they're in the mist of renegotiating their leases inspire at the end of this month and in the last few weeks hey, we, get those resources to you to have this leverage to negotiate our long term lease those are the famous businesses that are felon throughout the district but the golden gateway
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future cookie company and the key history the businesses that will benefit from the fund we owe it to them a year ago the board approved the registry it's time we move forward with the resources so with that, i thank you for the support of our small legacy businesses in san francisco and look forward to more work on that thank you. >> supervisor wiener. >> thank you very much you know to me this issue is not about who is mad added who or punishing who but the merits i supported prop j and i have businesses in any district beloved businesses that are interested and participating the program so they can really stabilize themselves and remain the neighborhood and continue to
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provide they're great either side services to the community on a 100 percent supportive of this program it needs to be funded we need better staffing and at areas and small businesses and the grant program needs to be funded whatever ones view of prop j i supported it there are others that doesn't the voters passed it it exists i think that is a good idea and should fund it i have a continued question why we do this a supplemental it can be easily included the budget i guess 3 hundreds hundred and $50,000 i understand the carbarn it is hard from the mayor would fail to exclude it for the 2 and hundreds add back and three
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hundred and 50 it to the sxeerldz add back with that said, ami i'd like to to ask the mayors budget office i have questions why we're doing this as a supplemental but fully support this $350,000 to fund moving forward with this program is from the mayors budget office can comment. >> thank you, supervisor for your question acting bucket director temperatures i want to thank regina and tom we've been working with those departments on this the mayor is going to definitely include something the budgets to supplement that we wanted to be thoughtful about what that will be we've been working with the department to figure what fupz four staffing and want to make sure we have
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the times to complete that and as you've heard we have a budget deficit so a contact for all the requests we had a hearing this morning and heard from the public works and they're requesting every dollar we spends on a supplemental is money we don't have money for next week. >> i understand mayor's office is not in support of supplemental but helping to put together his submission to the board it is saying it is the pairs intention to include funding and implement services will that include the staffing support for the office of small business. >> i believe we'll not have
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the position moving forward if not the budget. >> in terms of the grants program obviously the legacy business program didn't have a point if there is no grants money associated westbound that so that there be grant money in the budgets. >> i'm looking to the department how much should be included we're still in discussion i don't know what amount i think it would be included in the budget we need more time on the dollars values. >> it is important my views it is important that the grant funding be included the budget and i'm you know like i said it is preferable to do this through the budget and not a supplemental and i'll like to proceed that but have confidence it will maple, of course, an inadequacy i'll support an ad
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back with supervisor campos as we glow the process but i think i like to have clarity on that whether or not that means postponing the supplemental or send it to the board and get more information in the next few weeks i don't know how to proceed but make sure we'll fund this the budget. >> okay. >> supervisor tang. >> thank you very much and i just wanted to clarify what i think i heard during the presentation about the positions specifically item 4 this is a temporary position and funding from the departments so that's okay to move forward we believe i heard the mayor's office is supportive of that and annualized that so in terms of the item 5 aer in
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terms of the grant funding i'm sorry if i missed this earlier in terms of the small business commission developing the rules and regulations around the criteria for awarding the grants what is the timeline for the development of those criteria. >> currently the timeline part of the rule making is part of problematic structure we're proposing for the 2016-2017 and so that rule making because we have to solidify the proposal will be finalized i'll say late may early june, i think we're the timeframe. >> i mean for me i mean generally speaking not just for
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this topic but encouraged us no to support supplementals when but take other one line item it is important for the board we have to take into consideration the context of the entire bucket the rex u rules and regulations will, finalized in late may and june give us reason with to include this into the overall budget and prop j we're not here or ever said we'll be opposed to the funding i think for me just the procedure and the timing and let's get that as part of rest of the budget. >> supervisor kim. >> thank you you know given how close we are
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to the budget season i'll normally want us to have this to the budget process and the senior development specialists i've concerned we can hire someone before july 1st given the entering process with that said, a couple of things we're hire someone in june or july and have to start now there needs to be a guarantee of salary and quite frankly we'll like to feel comfortable our office submitted several legacy businesses on request i've not heard bad actor we know you lack the retail use so many work the office of small business does for me, i think from the prospective of the public the commitment we will deliver whether we ask people to start submitting applications and businesses that will go to
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the negotiations in extension that you know this office will be able to - before july 1st not at the beginning of the fiscal year i'm support something moving forward earlier we can talk about that where but this residents don't understand the budget cycle they thought that would combine immediately and depending on the board to stay in san francisco they're able to use this leverage and in their lease negotiations with pertains it is great we're encouraging pertains to give out tenants leases to many of the legacy businesses i'll hate to loss more that is heartbreaking to keep the residents we have less traction efforts with the commercial real estate owners this is the one key tool to
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protect our businesses i want to see you move forward with some type of amount both the funds for grants but too i think this is office needs administrative support and have businesses that have submitted i don't think they should be waiting three or four months to get a response and understand what the resources are to get. >> supervisor yee. >> regina if you had staff today how quickly can you start the process of providing grants how long will that take. >> if we had staff in terms of finalizing the. >> new staff. >> pardon me. >> new staff. >> a legacy business program
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manager starting today in terms of developing the grants you know application criteria and then the police radios to administer the funds to be safe we'll be looking at sort of mid june to early july at the earliest. >> do we have a job announcements or something for this position. >> i've designed a job description for this position already. >> is there a deadline if we - >> it has not been posted because you know part of this was developing for the 2016-2017 budget and now we're able to funds this now through the office of small business to get this i mean small business oewd
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to now move this position and make that and start hiring for the position earlier than is 2016-2017 budgets so - >> so, i mean what i'm saying once we can get it though the regular processes and having it established which our finance people will - >> let me can i make a funny suggestion to the author. >> it seems that if there recent a commitment to hire a disposition to get things rolling we need the bulk of money suggested heretofore, the grants eventually for staffing but would - and procedurally i mean, i don't know if this is possible but can you ask for a supplemental and how do you retain it somewhere?
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you know like it will be available but that will only defer on the budget cycle and this included in the budget cycle flip that back i don't know how to say this but the idea you don't release that right away >> budget reserve a. >> if i understand your intent one you can appropriate the funds and place the funds on reserve pending an action by the committee or other city department that will be first one and if i understand your question another approach would be to leave the supplemental pending at the board of supervisors and bring that back and act on that in june should the budget before you in june not contain few minutes for the
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puncture. >> i want to suggest the formaler to pass it and put it in reserve and the actions that the office needs to take will have back up in terms of funding and if indeed did mayors putting the budget we'll we won't have to use it. >> when the board places it on reserve which body is holding it the controller's office or something else, and, secondly, what would you like the department to come back in terms of research. >> so i think the for is amenable to that idea maybe you can massage it. >> if i may supervisor yee i'm and i mention to anything that will getting things moving the reason why we did a supplemental
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we firmly believe that expenditures of some funds is needed between now and the end of the current fiscal staff person to develop the criteria to move forward getting the nominations forwarded to the historic preservation commission a number of things and i will be open to your suggestion of moving placing in a reserve as long as the funds will be available to the colleague now to be needed to side now what i don't want and i'm trying to avoid fwrns in my district fill man's kitchen and the variety studio and rocky theatre and mission cultural center the list goes ongoing i
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don't want them to wait until july 1st for anything to happen an all the things you know by that time it will be two late the reason i think action it is important especially for the landlords and the property owners they want to know we're committed to making this program work i'm very happy and thankful to my colleagues for their comments along those lines i'm not for a specific form i'm happy to with work the committee. >> i guess that's why i asked did questions whether in terms of the x of everything to post disposition to hire the person and if there's any available funding right now the budget to
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offset that costs per month or two because you're saying even hire someone that will it takes time to come up where the program i guess the details honey how to do that it this what allison park hearing from you. >> with the ability actually being able to fund the position inform o to find temporary few minutes correct me if i am wrong if i'm not users the correct terminology with the office being able to have the funds we'll initiative the process of hiring something earlier than waiting through the process of the supplemental to glow it's steps of approval. >> so you don't have any - some left over funds from the department sometimes you
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overestimated like $10,000 left. >> my understanding they do are able to forward this within their current year budget they've been able to have cover their salaries for the month of june so. >> then if that's the case i want to consider you know putting on reserve and any indication we can forward it out of that. >> if i may i know the controller had a suggestion i trust mr. rosenfeld. >> so a suggestion in a do bar conversation with the sponsor so the department is indicating they've got salary savings but not authorize positions they can't recruit in that position that is a different kind of process their suggesting to fill it temporarily but from the board wants to move forward with
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the a s organization with the continued salary ordinance that allows the department to have a person permanently that starts the process from the board wants to move forward with an appropriation you can move that appropriation and place it preponderance of the evidence a report on the progress towards implementation fellowship the position and the other bifurcate you could move forward the position pending the report. >> that was my intention and hopefully resolve the issue of you know the hope for someone that didn't want to use a supplemental versus oh, are we sure there will be in the budget
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we may have to use a supplemental. >> that works for me and supervisor tang i'm sorry. i'm trying to clarify what mr. rosenfeld said for the temporary position. >> no the desire to create the manager on a more permanent basis that will require if it's the intent move forward which comes with the funding as well. >> no, it didn't. >> no give the authority provided they have a funding they do in their security year budget and then move the appropriation forward and place it on reserve does make sense. >> mr. rose, can we go to your report.
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>> >> yes. on page 4 of the reports you noted the request of $433,000 blues of general reserve is appropriate in page 4 just i think that is clear that request is from new general fund monies again think page had the city grants expenditure will fund a legacy business under prop j to provide annual grants to building owners that need space for 10 years for the legacy businesses and that will be for an estimated 13 property owners for this fiscal year so that two hundred and 81 thousand is using the maximum grants for 13 property owners.
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>> we also report that ones manual rent stabilization will continue for a term of the lease therefore if business owners are something the department estimated or projects so if an additional legacy businesses property owners apply each other every year 24 results in an amount of at least an additional $5,740,000 every year or compton pounded over a 10 year term on page 5 of our report we note the urban forester itself disposition could be hind result- would be june the 662016 and bans that calculation we've made a recommendation on page 7
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of our report we recommended you supplemental provision the context of the in general fund money as opposed to they're using the existing salary savings we recommend the file to reduce the request are for the general fund 90 percent and the position of 26 thousand in 2009 and over a 3 year to hire the position in a total appropriation will be reduced by $26,000 plus and 349 plus we can consider the approval as amended to be a policy decision for the board of supervisors. >> thank you, mr. rose colleagues any further questions for mr. rose. >> okay why not communication anyone wish to comment on 4 or 5.
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>> good afternoon, members meeting are san francisco heritage as you know, our organization clofbd with supervisor campos and the small business commission in into drafting the legacy business registry ordinance and follow-up los angeles or language. prop j and as mentioned by supervisor campos the registry passed over a year by a amount vote of the supervisors and it is deeply frustrating that the new nominations have been for a vote by the full board sharing our own experience our office has been contacted by a dozens of business owners interested in applying for the registry and trying to find information how to apply and up until a if you weeks ago no information available on how to apply and is criteria, etc. that information is now up but important to
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increase core score how to help the businesses placing displacement is a source of alienation many businesses are fruthd and this confidence i'll vaccine that immediate action it needed a clear signal funding will be available for the listed negotiations so property owners need certainty to incorporate this into a new lease position so for that reason he strongly support the supplemental or whatever from today's hearing and like to note that not only is important for the local businesses in san francisco but the eyes of the nation not on the 70's san francisco regarding this success of failure just yesterday the new york daily
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news had a section of displacement businesses that interviews supervisor campos and myself on the program here in san francisco anything else seeing none, public comment is closed >> one question you remember the you say one hundred applications come in how do you choose we're talking about will equity. >> so how the applications come in is actually the first for the anatomyer and the board of supervisors to nominate the business and then it has -
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certain office of supervisors had contacted the business and working on the application so when i am talking it businesses and they're asking about the program i inform them the first step they need to take is talk it supervisors or is mayor's office because that is the first step if being considered the application process to be nominated. >> okay. so once their nominated and once they're there. >> and . >> you have someone to choose from house the plan. >> not choosing but looking at the application and insure the application is tells the
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narrative and has supplemental documents has supplemental documents we can actually utility their story and their information to be able to tell the history now and there's no - per prop j the commission can review up to pits on the registry three hundred businesses a year so that is a kwfrlt if we meet three hundred businesses more than can be considered for the registry. >> nominees have been maids in mire office any best that want to be nominated as a legacy business and meets the thresholds we're nominating them so there are businesses that are
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waiting to file the applications we nominated who should have been referred to the process started but that hadn't you know happened what we're getting a lot businesses that don't know how it works so. >> i guess the question is along the lines of an abundance more businesses we'll have funding for what then. >> then the selection criteria within the hands of small business commission they're setting the rules. >> i apologize if i misunderstood your question in prop j it acceptance outs for each grant program if they're not enough funding to allocate the grants per you know 5 hundreds dollars for employee or 450, $4.50 per square feet it is
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did not on the number of businesses that qualified for the grant program and the amount of funding. >> i understand that my question is assuming more businesses with more funding looked like the budgets how do you decide between is businesses. >> thinks they'll be criteria that is developed by the department, by the small business commission to figure you know certain priorities preferences and one of the things we've talked about me for instance, being - >> part of what - you don't have before you is the program that we are working on through the budget cycle that spells out no there will some alcohol, tobacco & firearms information your timing in terms of what is going to be the criteria of
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which we reviewed a grants operation and determined that business or property owner that they meet the grant career yeah. and it states in prop j that is a kind of like a- >> not to interrupt you but figuring. >> john gibner, deputy city attorney the ordinance that the boards passed sets the limits on the number of businesses at any given times of three hundred per year and if there is - and the ballot measure prop j that the formula for figuring out how much money a business gets a
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number of employees per business if there are more grants - grant money than money in the pot that is employment than the small business commission will give out grants proportionally based on the number of employees in each qualified business. >> so i guess again, this is a curiosity request assuming a supervisor under district 12 didn't exist whoift has 50 applications and therefore, he or she has all the businesses funded and nothing else in the city that wouldn't happy. >> right a pool of qualified businesses. >> okay. >> so colleagues i'm open i know there is a lot of discussion i'll throw in my $0.02 thank you supervisor
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campos for introducing that last year from my prospective i'm comfortable with item 4 and it is long overdue i think item 5 i chair that committee i don't like legislative he understand supervisor yee's comments to some of the questions i think i'll feel xhofkt continuing this to the call of the chair maybe it is a little bit splilt hairs i'll feel comfortable with. >> i suggested an amendment to this. >> do you have a motion. >> i will needs this language but a motion be for 5 to ask for the supplemental and put that on
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reserve depending on the needs and that's a motion not on amendment to 5 let me suggest any concerns on item 4 maybe a motion to move item 4 we'll take that without objection. >> we'll take that without objection. >> so moving item 4 and now item 5 supervisor yee you're welcome to make a motion. >> the motion to have that as a supplemental and put it on reserve with the controllers or. >> what is appropriate to move it ahead and place the appropriation on committee reserve and report back from the department. >> okay. that's my motion then. >> i'll second that. >> okay supervisor kim seconded
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any further discussion? colleagues auto roll call. >> can we do a reluctant. >> supervisor tang no supervisor yee supervisor kim supervisor wiener no supervisor farrell no okay there are 2 i's and two notices colleagues, any others motions i'd like to continue to the to the call of the chair. >> i'll hope that the majority of committee will consider this as this didn't come out of committee we remember bring it to the full board i think this is unfortunate we are we're and again, i really don't want the politics on other issues getting away but to sit here and say we're supporting a program yet not taking any action to
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actually set money aside on reserve what is our message this sends i understand the votes are what they are in committee but needs 4 members of the boards to pull this out of committee that's unfortunate but if this is what it takes it is what it takes. >> i appreciate those those comments and everyone is able to make motioned but to those comments has to do with has nothing to do with with any other topic at all this is about in april putting budget supplementals through the board of supervisors and so be that as people disagree tare welcome. >> supervisor tang. >> you said it sxaerl but again, this has nothing to do with with politics or whatever else is going on he would have taken this position on me
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supplemental and have before i could very well say to this board put together a supplemental a million dollars restroom i've tried to build and asked for multiple add backs so children don't have to pee the park nowhere else to pwe're supporting item 4 by asking for the amendment we can move forward with the division we're moving forward with our commitment to prop j. >> supervisor wiener. >> yeah. we want to reiterate this has nothing to do with with the personal a.d. missed i can't say speak to or commit on the relationship deny supervisor campos and the mayor's office that is not my relationship to manage and it is what it is i can speak to the way that i have
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works with supervisor campos and supervisor campos know he and i have many sdwraurment i've provided an 8 votes to pass things has nothing to do with it but with the policy i've stated i'm withholding supportive allocating the money i want the mayor's office to allocate it the bucket from the mayor's office didn't i'll support an ad back because i ports this program and should be moving forward and i think this millennium is reasonable but last week supervisor tang i had a list of budget priorities that i would very much like and times budgets items to support transgender non-conforming youth that is very time incentive and sure it will be great to have
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that money earlier but through the budget office we've asked the mayor to put 2 in his bucket if not i'll pursue it and colleagues i'll ask for your support it is attempting to say that is because of whatever supports or lack of support for a policy that is a process issue this wait the short amount of time to go have not bucket process i'll fully support that at that point. >> supervisor campos. >> the motion that supervisor yee kindly put forward doesn't allocate any money for the right-of-way by what it does it adds teeth to the comments made about who how it is important to demonstrate our
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commitment to the program i'll thinks the motion requires the expenditure of money to the contrary is requires this actually come back to the committee to figure how it is playing out the fact that, you know, the committee is not willing to side that is schwartz itself. >> supervisor kim. >> i don't want to question my member of this board in terms of belittle motivations i think as a general no more we've allowed controversial items to come out of the the committee for the board of supervisors even when the digester of the committee didn't support the supplementals that's been done the past i'll ask this board consider it structurally that will happen that ability exists with the board of supervisors i do think this the comments are real everyone has legacy businesses
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the district they'll like to see opportunity and preserve and continue to be a cultural assets like the nonprofits and artists organizations when you i'll ask the committee consider putting it out without recommendation brats full board it is as nice compromise it is on reserve by the way, i completely understand the hesitation to support a supplemental appropriations this late but we've done it the past and done a large one for the homeless torch twaerm close to the july budget and sometimes last year priorities we feel we have committed to earlier in the year we want to move forward so that's the comment i'll make
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today. >> thank you, supervisor kim. >> okay. colleagues any further discussion? okay any further motioned is there's a motion on the floor there's a motion on the floor made pay supervisor tang to continue this matter to the call of the chair is there a second. >> second by supervisor wiener and madam clerk roll call vote. >> supervisor tang supervisor yee no supervisor kim san francisco supervisor wiener supervisor farrell there are 3 i's and go notices with supervisor yee and supervisor kim in dissent that item passes moishgsz there's no further business. >> thank you, everyone we're
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