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tv   Ethics Commission 111716  SFGTV  December 6, 2016 3:00am-8:01am PST

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amongst yourselves to enjoy coffee and conversation to take a tour of this afterward and our educators in the grand halfway to share about s sf or easily walk two blocks to the ferry building east right here on mission to see the current selections that we've laid out from your research library i'd like to ask all of my dignitaries on the stage this is an edward mia bridge some of you know the work famous for the motions studies as well as landscapers one he was asked to festivity of the construction of u.s. mint so this is a side reproduction from one of mia bridges photos we love it is
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active the cones not erected yet so we would like to have all of us sign self-as a way to remedy this day and celebrate the next phase of mint thank you very much and we'll sign and you guys can sign but please enjoy the other side of the building. >> thank you,
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>> the notice of meeting a paragraph headed meeting decorum. it reads as follows: the ethics commission encourages and promotes integrity in government by education and example and is committed to treating all staff members of the public and colleagues with courtesy respect objectivity and fairness. members of the public who attend commission meetings are also expected to behave responsibly in respectfully. persons who engage in name-calling, shouting, interruption or other distracting behavior may be asked to leave. the following behavior or activities are discouraged inside the hearing room. applause or vocal expression in support or opposition eating or drinking profanity and physical
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aggression in accord with the board of supervisors walls of order 1.3.1 signs regardless of content or message is strictly prohibited. this prohibition does not apply to clothing which includes signage and to clothing, messages displayed on clothing, pins hats or buttons. if the chairman is unable to obtain voluntary compliance he may seek assistance from the sheriff's department on call. this provision supplements walls and policies adopted by city hall. the sheriff's office and the board of supervisors related to dick corum riveted conduct or activities the ways, etc. is not meant to be exclusive. this notice will appear on all future notices to interested persons of meetings of the ethics commission. i will call now for any-any item
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number two for any comments, public comment on items on the agenda were not on the agenda. and i will-i would urge people if your comments are related to item number seven[inaudible] >> are you taking comments on meeting the quorums? >> i'm saying i was just reading from the notice and him simply now asking for public comment. if you want comments on the decor that is fine. >> that's not public comment item 2.
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>> no.i would ask you to put the sign down, please. do you want me to ask the sheriff to come spewing i will. would you call for the sheriff? you've got a sign on your shirt. that should be enough. >> [inaudible] >> go-ahead >> on larry bush here for friends of ethics as well as to represent us. i want to bring you up-to-date on the current list of endorsements from proposition t the bout measure put on by ethics. i've only one copy but it's a voluminous. i'm happy to report that all members of these san francisco
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delegation in sacramento have endorsed it. all members of the board of supervisors have endorsed it. i think there are 31 community-based groups that have also endorsed it. to the best of my knowledge there was five groups that opposed it. so i'm not sure we can deliver the 90% vote that chairman renne asked for were going to do our best. >> commissioners, snuggle i'm reading from a field operations division policy and procedures city hall security unit and it says signs exceeding 11 x 17 in size are not allowed in city -signs exceeding exceeding 11 x 17 are not allowed in city a. does not say a prohibition will be got from the clerk of the board from the board of supervisors has also signs
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mounted on sticks or polls are not permitted. banners are permitted only when specialized good small paper or cardboard signs no larger than a 11 x 17 that can carry thy hand are allowed. so you are saying [inaudible] the clerk of the board says you are wrong. i like to comment on a couple things that did happen since you brought up the subject. first is to commissioner keane. what i fully appreciate commissioner keane's after excavation about one to help mr. patrols and presenting his case it 5 min. i do know about anybody else but on going to be presenting a case i do very careful preparation in i use the 5 min. when i'm interrupted in the middle of my 5 min. i consider that a breach of my first amendment rights could just as any of you, if i
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interrupted while you are speaking, would consider it a breach and grounds for removing me. as for of you out of the five are attorneys i would use the comparison you can advise a client to do anything you think is possible that the client has no obligation to follow your advice. very often if i'm the speaker and i only have 5 min. i may not want to go off on the tensions and i may want to use my 5 min. to its most effect and i think i should have the option of saying thank you for your help but. especially given the help i normally get is 99% of the time nothing but an attempt to throw you off track. to supervisor kopp he asked people to identify themselves in a lead from the brown act. write to the public. under the brown act the member of the public can attend a meeting of the legislative body without having to register or give other information as a condition of attendance. while
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i appreciate the fact that supervisor kopp is certainly free to say if you don't identify yourself i will give you as much credit for what you have to say is entitled to say that. however he is not entitled to tell a person because the law goes on to say that if you ask a person to identify themselves you must tell them they are not required to do so. now that's just a couple of examples. i don't have a lot of time. it isn't it a kind of shame i am member of the public have to come here and read the sunshine speeders and the brown act to be to the ethics commissioners. >> mr. chairman, may i ask the gentleman a question? >> yes >> what section of the government code is that? >> it is the brown act as provided by >> it's in the- >> would you please let me answer the question?
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>> answer my question. what section of the government code is it? thank you. >> other public comment? >>hello. my name is michael petrella spit on the proud candidate for the bart district 9c and i believe this body has been infringing upon my first amendment rights. at the last meeting you directed the deputy city attorney to come up with an opinion about signage and free speech at this body. that item is not on the agenda. i've not received the opinion from the city attorney. however on october 11 the city attorney responded to me regarding a sunshine ordinance complaint i filed against this body and the city attorney has written, this
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was on about what happened last month that was no violation because of the city attorney's office was not and is not in possession of a written policy prohibiting political signs and hearing rooms other than the policies already provided to mr. patroclus by the sheriff. i repeat, the city attorney's office was not and is not in possession of a written policy prohibiting political signs and hearing rooms. yet an extra of a law professor, the spouse of the former city attorney and for lawyers on this panel are trying to stop my first amendment rights from having holding a socket i can wear a sign on my chest but i can't hold a sign on paper. there is something wrong with this policy you are trying to promulgate without any public
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discussion. now, because of last month's incident where you all were interrupting me and infringing upon my first amendment rights as if this were your courtroom which it is not,this is a taxpayer-funded room. the tv is taxpayer-funded communication that i should have access to. vicki hennessy, the sheriff on september 27 wrote to her chief of staff eileen hirst. vicki writes i've reviewed disagree items i have and do not see a probation on signs. the only thing mentioned is signs mounted on sticks and poles are not prohibited in city hall. the city attorney and the sheriff are telling you there is no law prohibiting my
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first amendment rights to hold up a sign that says, michael patroclus for bart board. you must start honoring the first amendment protections guaranteed to me. and allow me access to taxpayer-funded television.. thanks >> as mounted on a stick so you're only which contradicts you. >> any other public comments? all right. turning to agenda item 3, discussion and possible action on draft minutes for the commissions september 26, 2016 regular meeting. any comments from any commissioners? >> just, mr. chairman, on page
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3 there is a, at the top the sentence that begins the reason being that body such that i think the word should be such as this. not such of this. >> all right. any other commissioners comments >> do i hear motions ? >> public comment? >> thanks, much commissioner charlie marcello for the record. on page 4 at the bottom i was quoted as to the question of a subpoena power of the commission. i said that i
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didn't think that it was necessary for the commission to invoke its agenda powers get a simple letter would do. i don't want to toss subpoena around to liberally. >> how would you like that to be restated in the minutes? >> i drafted a something here but i also forgot my glasses. so it said he stated that he was not sure whether the commission leads to invoke its subpoena power, a simple letter should do.and welcome back ms. hayon >> commissioners, i will call your attention to page 2 of the minutes. agenda item 2-3 where you'll see there a 150 word
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summary provided by me. the reason those are in there is because any member of the public as old six hours by the sunshine ordinance passports if they provide 150 words or less word summary of the public comments have the right to have those in the minutes. the reason i do this is because public bodies cannot be trusted not to censor a bridge mischaracterize misrepresent and otherwise abridge the rights of the citizens of san francisco and of the united states. the bottom line is i say a lot of things you don't like. so all of a sudden it becomes we don't like your tone. we don't like you use the word. when earlier there were things read at the beginning there's no cursing, there is nothing in the law that prohibits me from using a curse good i'm not allowed to curse at you but i've heard the member of the board of supervisors melia cohen
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referred to mr. patrols as an axle in a public hearing. so are you saying public officials can call the public games like that but we are not allowed to even use the word? seems like a kind of double standard to me. i heard her say it in a board of supervisors full meeting and refer to something one of the people had said as bullshit. i use the same word in the lottery commission meeting and-old, the children. the children. there seems to be a double standard. you can set these rules and very frankly as we saw in the last item using to pull these walls out of the air. you can be told by competent authori authorities like to share for the clerk of the board that is in a rule and
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you will still sit there and insist on it. when someone tries to say that is not fair as mr. petrella's has tried, you stop them. you don't give them a opportunity and i would suggest you read what's his name, i can't remember his name could norton versus the city of santa cruz, especially the concurring opinion of the chief judge kozinski of the ninth circuit is it will be truly meaningless if when someone's right to speak were challenged they were not allowed the opportunity to rebut the challenge. yet what happens in these things is a person in the chair simply makes the rolling. there's no opportunity for discussion but even among the other members and of course none of the other members even though they taken office of support to defend the constitution of the united states will not stand up for the member of the public. will simply allow them to be dragged off which is an awful order and unlawful detention. >> thank you.
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>> hello michael patrols good i'm still running for the bart number nine seed i must read objective these draft minutes of especially under item 2 referring to my attempt to 3 min. of uninterrupted first amendment protection, free speech at public comments. these minutes do not reflect the relentless interruption from the ex-judge cop at this were his courtroom. there was no effort by any of you to stop his infringement upon my first amendment rights. to see the 6 min. that transpired reduced to these few sentences that does not accurately reflect how you were attempting to infringe upon my first amendment rights is something i object to. your minutes are not reflecting
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reality. now this relates to your meeting the courtroom which is not a law. i wish to point out in this meeting decorum you say that name-calling is not allowed. persons who engage in not name: shouting interruptions and other distracting behavior may be asked to leave. you also prohibiting the drink enough fluids and yet all of you have pictures in front of you and even drinking water in this room. i wish to point out minutes do not reflect the name-calling from peter keane against the last one. the minutes do not accurately reflect the interruptions and other distracting behavior of you, the commissioners, when i was trying to engage in my first amendment protection of expression by holding a sign.
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you are minutes need to be revised. along with how you are conducting the people's business in the people's building with taxpayer funded sfgov tv broadcasting. it is no longer okay for you to interrupt us and to call us names and to promulgate illegal meeting decorum, to silence speech you don't like. shame on san francisco's ethics commission that you are not honoring and protecting the first amendment. thank you. >> do you have any suggestions
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or vision for that part of the minutes? mr. petrella's? anyone else? all call the question. to those suggested changes from commissioner kopp and mr. marsteller. all those in favor say, aye >>[chorus of ayes] opposed? the minutes are approved and carried unanimously. turning to item number four, discussion of education compliance program update. i want to complement the staff on what i think was a very good job of that memorandum and i'll be happy to have you flesh it out and answer any questions any commissioner may have.
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>> good afternoon commission give my name is jarrod floris and of the outreach and compliance officers. i'm joined here with pat peterson who is the other region compliance officer. basically, we created the information election 2016 as a snapshot in time report to really kind of showcase not only our campaign-finance dashboard page but also tells story with what's going on with the election this november. we wanted to show how much contributions were being raised and how many expenditures were being spent in this election. >> any the commissioners have questions or comments on the memorandum? >> i like to compliment you on your work and a fine job. >> thank you very much. >> i would like to associate myself with commissioner
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keane's remarks mr. floris. >> thank you. >> i should say what the executive director is in the process of doing, not there yet-but is setting up the agenda so that we cover every month the various activities i division and by responsibility with a report on them in the agenda will be in a standardized format. there's nothing to report it will be so but it certainly gives an insight into what each one of these permits within the ethics commission staff are doing. i will call for public comment on item-i'm sorry. >> jared i have a question on the 29.1 million, is that more or less than what's been raised in previous years?
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>> i've a feeling it's been a lot more than previous years, yes. as actually as i believe yesterday, that figure is now 34 million. >> thank you. >> commissioner hayon >> i just want to comment and ask what the charts are two large extent self-explanatory i just wondered if there's any additional elaboration or observation or analysis that either you mr. florez or ms. pallo would like to offer or give at this time? >> right now were actually still in the process of reviewing all the data that's come in. we had a filing deadline on this month and so we are reviewing all the data to make sure all the committees are in compliance with all the state and local campaign-finance laws. right now that's early in review.
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>> great. >> just as a postscript, after each election you recall we do have the responsibility of reporting back you in the board and the public about the public financing program. so we are hopeful with the analysis were setting ourselves up for as these numbers come in will be able to provide a more robust information to you after the election is over. i was asking -who oversees the audit and public financing program with the figures look like historically and she said these are pretty much on par with the recent similar elections but those are where there were a lot of candidates running as a pure will try to provide great a context for you when we have that analysis as the reports come in. >> thank you >> any public comment? >> hello larry bush again from friends of ethics. i would like to say first of all at our friends of ethics making the other day people were thrilled at the completeness of this report. it's much better than anything we've seen the past and we certainly salute and
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apply it. there's a few things you might consider doing in the future get one is that the cut offer 24 hour recording it the day before the election. our experience is a lot of spending takes place on election get it magically spending to get voters to the polls. and phone banking and so forth. that's not captured under the current porting system until the report that comes in at the end of january. which is too long to wait. i would suggest that you actually have reporting that goes for a full week after the election because if you decide to take a look at when contributions come in i think you'll see the heaviest contributions coming at the end particularly when races are highly competitive. that's my only thought on that. >> thank you. any other public comment?
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>> commissioners san francisco open government. what you saw last month was my reaction to the fact that when you ask legitimate questions you get people we there sit in silence or make disparaging comments about what you are saying or who you are or what you are trying to achieve. i would not be so angry if i had not been doing this before this ethics commission for almost 8 years now. if i had not had 29 orders
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of determination from the task force not one of which you have even bothered to do an honest investigation of. i asked a question the last on this item was on the agenda and it was a realistic question at cool is this for? yes, there's some nice information and the only thing i've learned since then is from mr. bush just now who said we got this and we found it very useful. i asked specifically what is the purpose? is this being sent to the members of the public, posted for the league of women voters? what is the purpose of this or is it simply a document that's presented here at the ethics commission with a dozen or so people who see it and that's the end of it? now i agree good i agree with mr. bush does a lot of good information but who is going to get it and why is it such a burden to respond to a legitimate question relating to what is the purpose of it and what is the extension of its
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being sent out. what is it circulation? what is it hoping to achieve spirit doing it is one thing. but i would assume the persons were doing it had a purpose in doing it and they also said in part of that determining that purposes whether who they hope to approach, how they hope to affect them whether they wanted them to vote, whether they wanted to simply know the numbers, whether they wanted to give this information to people who monitor the ethics commission and the conduct of elections, and i don't think it's unreasonable to ask questions like that but when you do you get people sit there in silence and act like you're asking some sort of idiotic question. i taught for university of hawaii for 14 years the first thing i talked in every class was if you have
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a question asked it. i'll guarantee you two things. one, every question you asked your going to think maybe this is a stupid question and i will look bad but i'll guarantee you there's at least three-four or more people sitting there with the same question because i stand up. see them sigh with relief when you ask what they were afraid to ask. second, ask questions because the only stupid question is the one you don't ask because you never get an answer for it. >> thank you. do you want to provide him with the information he's requested >> yes. thank you chairman renne i'll be happy to get the initial election update we provided last month as well as this one were designed to help people understand and have some context for the election of members that we are seeing. it's primarily designed to be a tool 12 peoples interest but the election about campaign-finance data about third-party spending and other activities. so to that end we only attached it to the agenda
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item but when the reports were finalized we also sent them to are interested persons can we push them out to interested persons list. the idea is that it will help drive people to go to our website to go to our dashboards. look further into information and to let them know there's a place in the city where they can go to get objective direct information about candidate expenditures and third-party spending another spending is city of ashley it's an educational informational tool >> is there any contemplation that will be put on the website so that the general public can pull it up if they want to? excuse i need to confirm if it hasn't been posted but we are developing on her website is forgetting to ready to roll it out this fall the place where we will have this information that people can click on. it may not achieve that yet but we have a lot of work to do to make sure were getting a lot of information out publicly on her new website. we will check into that >> any other public comment? hearing none, we will go to item
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-i tend to item number five which is discussion of enforcement program report. i want to complement jessica for what i think is a very very thorough discussion of the enforcement activities and where you are going and what you hope to accomplish in the future when you get some support >> thank you chairman. i want to start by just giving you an introduction. we put this report together in response to commission interest at the september meeting for information about how the enforcement process works and what is happening with all the matters in preliminary review or dance to formal complaints in our investigation. i want to get to all of that first, but i'm sorry-in a moment but first i want to provide you with an update on the cob of them. in
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september you advised or i guess moved i think was a motion-to have the staff sent a letter to mr. colwell about the electronic act up files for his calendar entries for july august september 20 think it i included the back-and-forth exchange i had with mr.-on the subject and the conclusion is those files can be retrieved in the form if they were an e-mail form. if someone sends an e-mail to somebody about mr. --those e-mails can be retrieved but the calendar entries themselves are lost wwhen they were deleted. so with that behind us i will move on to the remainder of the enforcement report. we hope this type of data will be something to provide it to you for every commission meeting so it will be an ongoing update and you can old us accountable for some of the things we say were going to do in here. as you know, when i started we had
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already undergone a pretty extensive program at policy analysis what needed to happen at the commission in order to advance some of the goals we all share common goals for fair and transparent, fairness, transparency and parents eat and accountable enforcement of the laws good education and compliance, advice responsibilities and on that compliance this number provisions very relevant to my position including a review enforcement regulations and review of all the other ordinances that the commission enforces. so as an initial matter we can and i reviewed that policy planet made some decisions about coyotes and where i should focus my time. my first thing that i did in conjunction with other staff members including our current
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investigator catherine was to review the current enforcement process and she was an excellent teacher and help me understand how works quite well. i also asked andrew to reach out to them. that's what omar go over with you to because i think that will be helpful. essentially the charter is what governs and enforcement as an initial matter. is that a lot of provisions in its fairly detailed about how investigations and enforcement is most work at the staff level. you have adopted regulation to the enforcement regulation those were first adopted i believe in 1997 and were amended periodically but last, in 2013. those enforcement regulations would appear to be the best attempt to marry reality with how the charter expects enforcement to happen. so initially i will say when the complaint comes to the door we consider that to be a matter under plymouth area review. retrieved all claims filed with us the same. we log them on a system and assign them a case number and then contemplate what else needs to
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happen based on this complaint before we can move it along to probable cause or an investigatory phase. the information about what's log as complaints and what reaches the investigatory phase is provided to you by leeann on all monthly executive director report to that portion we pulled out and put it out into the enforcement report going forward. the complaint obligates us, however we treat all complete similitude even if it comes in verbally or in handwriting or by e-mail we treat them all the same as an initial matter were obligated to investigate any complaint that comes in that's been sworn under oath and that we have a reason to believe violation of law has occurred based on the allegations set forth in the complaint. so by that very definition the complaint it for good or
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obligate to investigate it the complaint itself needs to be fairly robust at denny's be a fair amount of information there to credibly articulate what i wish of law has occurred did i say that because a lot of our complaints are one-page documents were simple e-mails. sometimes verbal complaints carefully do a lot about those things because there's not enough information to substantiate what we can do. we can initiate complaints on her own would do that fairly frequently and have our developing and have issued policy on how to do that as an internal matter. according to regulations to determine whether violation of law has occurred we are allowed to engage i mentioned before atlanta marriott review. we can view relevant documents: we can in formally interview a complainant. we can communicate with the respondent and we can conduct inquiry necessary to reach the conclusion that there has been a violation of law weather hasn't released with a reason to believe a fair reason to believe one exists. if after that limit or and reviewed we think that doesn't appear to be a violation of the law and we can dismiss the complaint and
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we send summers ago dismissals to you every month. if we believe there has been a violation of law if we have reason to believe that dust immediately send those complaints to the city attorney and the dist. atty. for their review. in the city attorney and dist. atty. get to decide whether their offices want to investigate the complaints also. they have to get back to us within 10 days with their decision. their decision doesn't in any way impede our ability to continue with our investigation however. there are circumstances where the dist. atty. has indicated that criminal investigation would take precedence over our investigation and that would be to prevent like witness confusion or statement confusion in the two competing or julie investigation. whatever the dist. atty. is made that request historically we have adhered to that request. so the matter reaches the point where we are referring to the city attorney and district attorneys office we got a reason to believe a violation of law has occurred
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we move forward with a formal investigation of the matter. in this phase we engage in what amounts to a full-blown investigation. we discussed the violations we can subpoena records. we look at everything we need to nor to formulate the basis for probable cause. we are aiming for probable cause because probable cause is the next age of the investigatory process according to the charter. the enforcement regulations further govern the process by setting forth how probable cause reports are developed, what they need to contain and how the commission needs to treat them. the probable cause report has to include a summary of the evidence and all the allegations against the respondent and respond well the right to counsel when the probable cause report is considered by the commission. the charter gives the commission the right to sit as a panel at the probable cause hearings but also says you can appoint an individual commissioner to serve as a probable cause hearing officer or hire a note outside hearing
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office. impact as though the commission is that as a panel for these probable cause hearings. if the commission finds that there's been probable cause and a violation of the law has occurred than you are to order an administrative hearing. the administrative hearing is the full-blown hearing had with the netsuite last month with a court reporter comes and testimonies given under oath. staff must issue an accusation which is the equivalent of a complaint filed in trial court. against the respondent within 10 days of a finding of probable cause. parties engage in additional discovery but as a practical matter all the investigation has already occurred because we needed to put together a probable cause report. once again the commission seats as a panel to hear a hearing on the merits of an issue. however you have the right in the charter to again, appoint an individual commissioner to hear the matter and issue findings of fact and conclusions of law for the full
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panels consideration reagan hired outside hearing office. in practice though use that as a pair. now one thing i forgot to mention until now is that the probable cause process, from the complaint to the probable cause hearing conclusion is all confidential under the charter. the charter states all complains are to be treated confidentially to the extent allowable by state logic was probable cause has been issued in the accusation comes from accusation for the remainder of the process is open to the public. so after this review and with this understanding i got i identified some areas where we could use some improvement in terms of the prospect and in terms of resources. i'll start with some resources that we need to improve our process. you know with we completely and fully understand and do not back away from any allegations we have too many matters in parliamentary rebuke it we have too many matters that are still in investigation and take long time those matters to be investigated. we know it's taking too long. so with an eye towards improving that efficiency improving a process,
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we've been working internally to identify those problem areas could the first that we have identified, which we and has artie got started before i came on board, his staffing issue. historically the commission has had--enjoyed really-four investigators are working towards full time to review matters that come in the door and to investigate those matters and bring them to the commission for final hearing. starting in 2008 we lost investigators and unable to replace them due to budget consideration in 2008 we went from four, 23 investigators and in 2004 team we went onto to inmate of this or we have one investigator. leon has been working diligently to fill those positions we're hoping will be able to post them two of them at least very soon. that's an obvious first solution but what have we been doing in the interim and what can we keep doing it until there fills? honestly posting
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to fulfillment can take some time so my not be until winter until we have our full group back working on these matters. so in the interim, our investigator has been working diligently to work through the limitary review case look at a summit with andrew weasley and would look at some manpower on the subject and issue spot ideas where we could identify matters that need to be investigated. she has been doing a great job of going through a dismissing right-of-way matters where we lacked jurisdiction because we don't want the public to think they have something with us when they don't does we don't have jurisdiction. we also have been contemplating and theorizing how best to do an educational campaign for when we are fully staffed and we can alert the public how our jurisdiction our authority relates to their daily lives and what they're seeing in their public officials and in their government employees. we
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have also been working to develop collaborative partnerships did i mention we been working with the city attorney's office on some review per limiter a matters. we also all travel to sacramento in september to meet with the f fpc do some research and introductions to open up doors for joint investigations would be at ppc. we are reviewing our internal enforcement process to determine where we can shorten times spent on each step as an internal matter. we also met with the district attorneys and city attorneys separately to discuss what matters are retaining what we can do to do a better job to get them the information they need in order to conduct the investigations they need. you know that we are also undertaken according to the annual policy plan review of those regulations for recommendations for amendments and approvals. i set forth a detailed policy or detailed
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plan for how were going to go through that process at page, i think, six of the enforcement report. in case you want to see it in detail. i will say as an initial matter that ten-day turnaround from probable cause, funny, to accusation is something i've pinpointed as either needing to be expanded or rethought so that all the investigations isn't being undertaken pre-probable cause to the we can get matters to you for probable cause finding earlier and then go on with the discovery in the context of litigation quicker. we are also looking at approving the efficiencies in the regulations. finally, either working with leeann and others would invite areas where we need to really hone in on how we prioritize our work. i think this is probably one of the more important areas because we can do all the regulation and
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ordinance changes we want to, but if we are not really having a discussion about internally and how we can change our processes that we are failing. so as you know we have three areas of original jurisdiction get governmental ethics laws and were the mayor's office would file charges before the commission for official misconduct and whistle power and sunshine ordinance matters. as a practical matter we've only had to the mayor's office charges ever filed before the commission in its history. we only spent a ton of time on the. that's not a time management issue. the majority the vast majority of our complaints come under the umbrella of governmental advocate the campaign finance, the conflict of interest code violations. then we get a minority [inaudible] not insignificant minority of complaints coming as a result of our authority under the whistleblower ordinance and sunshine speeders. i want to talk about those two specifically because there fairly time-consuming and our attention is required of those immediately because the way the laws are written. the
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whistleblower ordinance gives us authority to investigate complaints filed with our office and filed with the comptroller's office involving allegations of laws under our jurisdiction campaign-finance conflict of interest, etc. they also give us jurisdiction to investigate any retaliation complaint that filed our office, any retaliation complaint. that's where it gets a little bit tricky because we currently don't have any expertise in some of the areas where we are being asked to investigate claims of retaliation it is usually very complicated and complex personnel matters. that we are doing with claims of retaliation so it takes a lot of time to get to know that department, to get to know the people involved to wonder stance of processes in place for that department terms of employee rights and employer responsibilities before we can reach the point of probable cause. so as a practical matter
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it takes a great deal of time but we also want to treat it with the sensitivity and care it deserves because these are people scares careers sunrise. the other area where we have authority and people can file complaint with us is under the sunshine speeders. there is as you know from last month, we've authority over willful violations of the sunshine speeders by elected officials and department heads that we have authority of referrals from the task force. we've authority in a couple of other ways but those are the main categories of information. the fact that we can initiate our own complaints be up or handle the referrals from the task force among these people believe they can file their original combines with the ethics commission did so that means that were getting people who've not gone to the task force, people love not reach out to any other agency for enforcement filing complaints with us for [inaudible] sunshine speeders but what does that mean for? it means were spending a great real-time look at saks or records to determine whether or not information was
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properly redacted. spending time interviewing public information officers to see deadlines were complied with whether the nuts and bolts of the sunshine ordinance provisions were met. we are not sure the law requires us to do that might be a fix we can do within the regulations were within some policy change but as a practical matter what's happening and we are respectful of the people filing complaints with us and try to do our best job. the sunshine speeders in self requires us to have an answer for people very quickly and required to update them constantly. i think it's like every 10 days or 40 days we have to update people about the progress. we are also required to put it on your commission agenda for the very next meeting june which means we have to investigate and prepare for a commission meeting on sunshine ordinance as quickly as pocket lemmings were dropping everything out you were a number any ongoing investigations and complex commitment in order to handle the sunshine ordinance matters.
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so long-term solutions evaluating the laws commissioner kopp rightly pointed to some areas that should be considered for revision at the last meeting but we were already going into it and alice of the sunshine spins and regulations to determine whether other areas we can improve the process of improving efficiency guide outlined a plan for how to do that on page 9 where page 8, i think, the enforcement report. and finally on to talking about just a plan for going forward. once again i mean this was all planned for going for immediate attempts at triaging and fixing the processes that are going on right now. that nature into my page of my report. i do know we have attached the data that you like to see every month. we currently have 84 matters in preliminary review. i would like to put some context to that number for you. it's in april of this year before we
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left our second investigator left, only 43 matters were implementor eight review. so are matters implementor eight review the matters we been unable to get to have doubled since we lost our investigator. there was upper back and that we do not have an executive director who can approve dismissals and so the matters backed up as well. we've also had-we have been reorganizing and restructuring the office because for a number of reasons but within the enforcement program particularly tomorrow investigator is used to also manage compliance test for certain programs. so they were indian vice and reminder giving business in the intake of form business on entire programs rather than doing investigations exclusively. now hopefully were transitioning them to doing investigations and enforcement 100% of the time. i also want to just
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statistically in october of this year of the 80 formatters are implementer eight review 74% of those are less than six months old. but in april only 56% of those were less than six months old. so we have been seeing a lot of complaints coming in because it's the election season that we are doing with those as quickly as we can with the staffing levels that we are faced with. so going forward, our immediate priorities to deal with that back load, august, were taken on these ongoing programmatic regulatory reviews processes very seriously and well reports for you on that process as we go forward. we are also going-we have been prioritizing. number one is elections related complaints. if the matter has to do with if the complaint has to do with the matter right now that is a real-time impact on this election we are treating it with priority. our second priority has to be sunshine
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speeders and whistleblower investigations because of the way the laws are written on the subject. then our third priority is to go through the oldest matters implementor eight review and the oldest open investigations as quickly as we can get we are working toward that now. so with that i will conclude and take questions if you have them. >> anyone have any? mr. kopp >> yes. i appreciate the fact that complaints and the resultant complaint law which is provided to commissioners as confidential is required by charter provisions. so i don't know how far i can go publicly
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asking questions but i think you said there are 84 pending complaints or did i miss here? >> that's great. there's 84 matters implementor eight review which means- >> under: interview, not reflected in the law? >> right. the law yes. >> all i know is the law >> you have the log which is 23 i think right now >> now one area your report didn't seem to cover was something i mentioned in passing but i will reiterate now is the number of planes which investigations that because the da says don't investigate further on the
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premise of the da will handle this. without conveying any complaint log specifics, there's a lot of those andhave you considered whether there should be a time limitto cease investigation? >> yes. i, like you found that to be awed when i started and conducted my initial review. so what we did is that with the dist. atty.'s office. i can't recall how many matters were suspended by the district attorney at the time but was a lot. they went through-we went through the list of matters that were suspended at the request. they explained to us
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that the reason why they were asking us to suspend our investigation was because they didn't have two lean investigations >> well that's always the claim. >> i agree >> for a prosecutor, always a claim. whether it's a legislative body or administrative body. >> we push them >> count me as a skeptic >> i might be in your camp. we push the district attorneys representatives there to list the bands and let us go forward with investigations were frequently and more openly can we even propose a joint investigations where we would both engage in investigations together so there would not be doing interviews. they were for that in some instances and again sent in some others and compelling reasons we can discuss more privately discuss. >> is this allowable as a closed meeting issue spirit
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discussions. >> yesterday >> it is >> yes. in the future you want to discuss critically >> mr. chairman would like that to occur. >> on the november counter? we can put it on the november agenda >> please. >> okay >> so there's no resolution as far as an agreement with the da on a time and? >> we get reach a resolution. the da has agreed that unless the matter involves complex or complicated additional crimes like some of the things they've kept our for matters with the sei is involved, in the absence of that level of complexity, we are going to be allowed to proceed with our investigation other simultaneously upon the filing of charging documents. >> on the what? >> on the filing of charging documents from the da >> but no particular limit
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like 90 days? >> no. >> we suspended if you don't do anything in 90 days we resume >> that's true. i think you'll see a decrease in the number of matters that are suspended however >> i also would like that enforcement with a time limit. i invite your advice and suggestions and recommendations on what would be appropriate. >> okay. >> finally, is there a generic reason why, for example, an item would be returned to us by the district attorney and then it just lingers for a year or plus or minus? >> there is no specific
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reason for that is just the overarching issues identified previously. we are working very diligently to try to get to those matters as quickly as possible. >> the objective is to clean up the list? >> is to get justice, right could enforce the law. that's the objective. we don't like having people proper for the commission years after their election campaign or after the violations were committed. it doesn't help with deterrence. doesn't help with the purpose of enforcement doesn't help with our ability to get penalties we would like everything to be sure to get we like to get matters resolved bring much much more quickly than i have been able to be in the past >> thank you mr. chairman >> and? >> you mentioned undertaking the educational campaign of the public resume ugly, could you talk about that a little bit? what would be the over arching
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reason and how would you go about it? i mean what you are talking about for the average individual, the average citizen is very complicated and one of the problems that i at least have perceived is that people still don't really understand what the jurisdiction of the ethics commission is to put it mildly. then they expect when they bring something to you they expected to be resolved very quickly without understanding all the complexities you've just outlined. there are so many areas that would seem to fall under the ethics commission but really where we have no jurisdiction or power to deal with. so i would hope that would be part of the educational campaign, although i'm sure it's more complicated than what you might think in
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trying to educate the public on that. >> yes. absolutely. educating the public about our jurisdiction and how the enforcement process works and how to file and where to file a quality complaint are at the top of my list for subject matter in an education campaign. we are starting with a very significant and revision of our website, which we can put everything on the website but we are doing a complete overhaul in order to enter direct individual to traffic our website to the areas of inquiry where they came why they came to the website. in my view, in my vision of this educational campaign the coal would be to increase the public understanding of what we are authorized to do and also what we can do to help them and sort of instruct him to file quality complaint with us to that we can investigate and handle. how
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that looks and how that shakes out is still in the very beginning stages. it just something we've been discussing internally right now but it's definitely something i think that's on my radar could i say it everybody has a little bit of a heart attack because we are not sure we are ready for an increase or significant increase in the filing of complaints rainout that is the right. absolutely spirited if tomorrow we got 100 complaints they'll be difficult for us to deal with but in the future getting 100 complaints is not something i want to shy away from. something we want to encourage >> particularly in the area of whistleblower complaints which have come to us there's a lot of discussion about who really olds jurisdiction whether or not it should come to us or whether it's hr, i think a lot of those complaints are much more human resource and they have more jurisdiction than we do and i think there's a lot of misunderstanding about that and then i think also the redundancy or so it seems to me, of the sunshine ordinance task
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force and the complaints that they then filtered to us which are often dismissed for any variety of reasons but it does seem as if there's redundancy there in i don't know-i know we've worked with the sunshine ordinance task force in the past to resolve issues and misunderstandings between the commission and the task force but it seems to me there's still a lot of work that needs to be done in that area. so i don't know if you see it that way but perhaps- >> i absolutely do. i think at the november commission meeting were going to try to have several subject ordinance matters on the agenda no, it's december. november good one of the upcoming commission meetings i think capt. not available in november so it might be december. where we
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have a number sunshine ordinance matters on the agenda for you to consider. with a memo for a proposal for how to deal with those matters and to do with the conflict between us and the sunshine ordinance task force. essentially a be honest with you my leaning is to be more deferential to their findings and to not undertake our own independent investigation of every matter that comes in the door the to view ourselves as an enforcement authority when they do her for a matter to us. >> any other-commissioner keane >> i just like your thoughts on one aspect of our process that you took us through quite nicely in terms of where complaint through to the determination of the complaint. that is, the probable cause hearings. in regard to the probable cause hearings that we have we have one of the things that this commission has always put forth that we want as much
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transparency as possible get the public should know exactly what we are doing. so they can have respect for it and see we are doing it legitimately. the probable cause hearings that we have wheedled him in closed session. i come from a background of having been a criminal defense attorney and a public defender for 30 years or so, in which you give the ultimate due process to the person who is charged because you're taking away the person's life and freedom. the probable cause hearing in the criminal justice system which is a luminary hearing is open. the public sees it. the public sees what's going on and can make decisions in regard to a very important part of the process of prosecution. why is it that our proceedings, we are due process in terms of what's at
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stake-no one way for freedom is at stake-the worst at stake is there some sort of ethical type of sanction may be a fine or whenever-why is it in your view, do we have to give that level of due process to someone who a complaint has been addressed in an epic situation and have a close probable cause hearing? why cannot we do it in the open like we do parliamentary hearings in criminal cases? >> i agree with you. i think it's odd they would be closed but i think that's the way our charter has laid out the process. so we are kind of stuck with that aspect of the issue. we could improve the process though for the commission and for the public is by not having the full panel
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said the probable cause. but by assigning either single commissioner broadside administrative law judge to handle the probable cause hearing confidentially and quickly so that the full panel the commission does not use it twice because essentially you're hearing the same evidence twice at both probable cause and the hearing on the merits. that level of due process is certainly not required by the charter but currently being given. >> so in terms of remedying what we both think should be remedied, the answer is a charter change? >> yes. that would be the answer >> thank you >> anyone else? >> mr. chairman, let the record show i want to associate myself with commissioner keane's remarks. i had occasion about your not the one maybe two years ago, were somebody calls me to tell me a long story problem with the ethics commission and referred to this
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confidential meeting with a commission and i was skeptical and i said, no, that can't be the law. but it is the law. >> so i would just like to encourage staff when you come back with recommendations either at the november or december meeting to think of the best in your best judgment will be the most effective ways to make the process more efficient and more effective both for the staff and also for the complainants going forward. that means to commissioner keane's point going back and revising the charter then we like to consider that as well. >> absolutely. november, december for the current discussion is a little soon because we want to engage the public. the process i formulated with w-leeann and -i'm not doing this on my
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own-is to first start with a series of inches in person meetings with the public entity was publicly and openly engage the public in their ideas and their thoughts on how to change the enforcement process so it works better for everybody. then put pen to paper based on those after pointing those recommendations and ideas to come up with a suggested changes to the regulation. if ordinance or charter changes are necessary than to put those in a separate box that we need to consider before the commission. the regulations what the commission can deal with now. once we have the suggested recommendations will we will bring those to the commission to with you and open up eight period public comment for 30 days we can get written about, and on the actual draft language of the regulation. at the conclusion of the public comment period we take another 30 days to incorporate and respond to those comments and then bring the full package of
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suggested recommendations back to the commission. we just want the process to be as open and public and of all the public as much as possible. >> one more comments. you noted earlier in the comments and also in your memo, that it is a sunshine ordinance or whistleblower complaint that comes in mistake priority over all other clients because it needs to be presented at the next commission meeting. i take that to mean if it came in the week before the commission meeting you would have to scramble to conduct all the background were to present it to us at the next meeting. is that correct? >> the regulations give us a little breathing room in circumstances and is as where appropriate or possible because there are notice deadline so we have to give the other parties did it for a week before this commission meeting will be the next appropriate commission meeting. so in this case november. >> i guess my concern would be and without diminishing the importance of those complaints that come in under the sunshine
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ordinance what is of concern everything also get pushed to the back burner and i think it would contribute also to the backlog. i would love your best thinking in terms of how best to balance those competing priorities. >> absolutely. >> isn't it correct ms. pala, in los angeles the process was you as executive director did the probable cause determination and was only after you made a termination that was probable cause that then went to the mission for hearing on the merits >> yet get under the los angeles charter there was a probable cause process was again confidential as it is here and wait unless waived by
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the respondent. so the probable cause determination hearings were held at the staff level. they were confidential and then based on that process was a 30 day time period for issuing a probable cause determination which was written it came out under my analysis in my signature. the rover 400 cases during my tenure as executive director there. then if probable cause was determined, found, then an accusation was issued publicly according to the rule and then went to the ethics commission for public hearing. the hearing on the merits at that point >> so, as you understand the charter is there any reason why we can't go that way without a charter change? >> i have to take a closer look at our charter. i think the two issues raised in your discussion is a degree of confidentiality the commission desires for that process and separately the notion of two bites at the same panel in
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essence. is there way to separate out the due process so that there is one step for probable cause process and then a separate process and independent process for hearing on the merits >> it would seem that is more consistent with due process than to have the body who is going to be the making a determination as to whether there's a violation be the one that also looks at the evidence and without any public knowledge and makes a determination. >> i think that's a proposal that would be very helpful to take a close look at. i think that is something worthy of our focus on discussion. >> all right. any of the comments by the commission? any public comment? >> i just have one question. this law, all those kinds of items can only be dismissed by the commission. is that
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accurate? no. the executive director can dismiss those items as well as a preliminary review? >> under the example in los angeles i was describing the executive director had authority to determine whether or not probable cause >> how about now? >> no. >> you have 84 pulmonary review. you've got a log that's confidential. items on that log , who can dismiss those? only the commission >> yes, that only the commission. >> that's my question. thank you. >> barry bush speaking as an individual. the civil grand jury report on ethics we put out in june of 2014 look at number of these issues. as you
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have just discussed we quickly learn when we focus only on the ethics commission we do not have a very complete picture. we had to look down on the city attorney and district attorney and all the other arms of government involved in ethics policy and enforcement. one of the things that i did separately when i was doing city report was put in a request to the dist. atty. in the city attorney and ethics for how many cases have been referred from ethics over to the city attorney into the district budget. just the number. you could not get actual ticket when i discovered the district attorney had no record of any referral. they simply were not keeping track of them. i assume they had referrals because the were some indication ethics at some things over but they just disappeared. so earlier i heard the commissioners discussing
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the fact that these referrals went to other agencies but then did not come back to the ethics commission and ugly was commissioner keane who is the point couldn't there be a deadline at which point the commission can either take it back or else do a parallel investigation. i think that's something that's only worth consideration especially since you have a more robust approach with staff know. thank you. >> thank you. >> i got 90 days in my- >> commissioners, san francisco (it. i've been coming to these hearings for about eight years. i'm a member of mensa and i read all the documents attached to the agenda every page every word. sometimes several times because it's hard to understand. i would like to complement ms. bloom-is a balloon? this and most coherent cogent understandable comprehensive
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document i've ever read presented to this ethics commission. i would also like to complement of her on the fact that the sunshine ordinance got a full-page which is something that typically never happens. it would get to or three lines while everything else got very thorough treatment. i particularly was amazed and heartened by the fact that her public comment was the fact that she said we are to give more deference to the findings of the sunshine ordinance passport. the reason i say that as i've said before about 27 orders of determination but that's over nine years is about three years and every one of those years there were 30-40 orders issued by the task force and not one of them in all these years has ever been enforced. only one was even attempted to be enforced. so it's all well and good to keep looking at the procedures and
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policies etc. but at the end if push comes to shove and you think findings you can enforce them it's really kind of a useless effort. the only one that everyone was the president of the lottery commission they watched a video of her-the actual event. they voted unanimously that she violated the rights of a member of the public to make public comment. they recommended the mayor unanimously that she be removed for conduct unbecoming and the mayor ignored it. a year later it was in the newspaper and we got them to send another letter and they ignored that. so basically unless you can find some mechanism to enforce your orders it's really kind of odd to have the hearings in the first place. i've said it
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before and i'll say that in sarcastic ways because i didn't know how to get across to people but if you're going to have hearings make determinations but you can enforce them that just hurts your own credibility. that's something i try to say politely for several years just got so frustrated and angry by the fact that everybody seem to think i was just coming out of left field with some bizarre notion. the task force works very hard. they sure a lot of hearings in the issue orders of determination probably about 1/10 case. but when they do they honestly do a very good job at doing the facts and the chairman is usually right good referral letters and i give them credit for that. >> thank you. >> dr. jared kurt whistleblower. it's not enough to talk about resources and regulations and improving investigations particularly of whistleblower claims.. you also have to address a political milieu, a mindset that affects the staff and the commission.
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whistleblowers represent a threat because they break ranks with the city family. you are part of the city family. you know many of these officials. you empathize with him. you are affiliated with them. so it is scary, or introduces some fears, when you have to deal with an accusation of wrongdoing by a fellow city official. potentially, for the staff they have to worry about what will happen to them if they find in favor of a whistleblower. this is a problem in all whistleblower programs, not just here. so i hope the staff will address implicit bias
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against whistleblowers and feared for their own careers if they pursue a case. these are real things and you really should address them. thank you very much >> thank you. >> i want to say that in my 19 years, almost 20,following ethics meetings this is been the most robust discussion we had on the enforcement program. i see light bulbs going up-going off all over the room on how we can get ourselves in a much better position to represent the public interest. because i think we have not been , and there is a growing period
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as bodies like this form it takes 10 years to get underway but were now over 20 and were so finding our way. but i want to just say to the new commissioner particularly, that the shocker to me is the fact that our deputy director, who adjusted our analysis has only just been here six weeks-two months. i am personally awed. so her training and intelligence is becoming. i did want to ask a question that is, on staff appointments, when do you see those appointments coming for the two new investigators? roughly what time frames. i know you talk about advertising them but i'm concerned, two, one of the propositions on the ballot may actually fail in the city may not have revenue and consequently there may be a freezing of hiring. that could
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occur obviously within a couple of weeks or within the month after the mayors see the results of the election. >> thank you. you want to answer his question? >> yes. we have two positions were open to post this. the senior investigator legal analyst position. they're both civil service positions that process is fairly lengthy. i would assume if all goes well we would hope to have somebody on board at the end of the calendar year. most likely beginning of january. >> all right. turning to agenda items six, executive directors report. ms. halim >> of those good enough for the second directors reported a one and take a moment today to introduce to you our executive fellow joined us from the hughes corp. program out of the mayors office.--is our net you
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a second file advisor to injuries herself from him. she's working with us on many of the topics on the front of your mind making sure wheezing technology and the smartest way possible to provide compliance assistance and guidance but i want to take a moment to intersperse to you. >> conducted. my name is--as mentioned the executive fellow with the ethics commission. i'm very excited to be here and need everybody in person. justice a little bit about myself my background is in software development and technology operations both in the private sector for 10 years. i'll be working with the ethics commission staff to look for ways to gather organize and disseminate information on our website and other channels to make it easier for the public to find it right now i'm focused on learning about the responsible december functions and the systems within the organization. in the upcoming week so we work with the team closely to identify where i can
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help with. i'm also looking for to working with all of the stakeholders at large in the up coming year to really work on these efforts. some glad to be here. thank you could >> thank you and welcome. >> i'm sure you look for to having one on one conversations with her as well as others who are involved in working commotion get one last note but important when we do have two positions under recruitment. there posed at the city and county jobs page at the department of human resources website. for a senior policy analyst and 48 education and compliance management assistant. both of those sessions are exempt in the deadlines are coming up by the first week of november. so we've encouraged folks we got the word out probably were hoping to move that process along a bit more expeditious. i look forward to
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keeping you informed about that process. happy to take any questions if you have them. >> does anyone have any question? public comment? >> one quick question. so that is to investigators and educational specialist or out reach and information-no, there's a policy analyst but there's an educator? >> the senior policy analyst and policy analyst again about role in doing education as well as running- >> i see. there's four positions you're hoping to hire by the end of the you. >> yes, i am hoping to higher by the end of the year >> i am and in awe as you are with your deputy executives report. thank you. >> any other public comment? >> good afternoon commission give members of the public money ms.-and i were touring
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party of san francisco. i can to speak on another matter but at some tangential questions that executive director. i also want to know when is the time to raise the issues not specifically on the agenda? i noticed a copy of my letter to the commission was here provided for the public. however i do want to point out the letter is apparently missing a page. this part of the letter and the cover letter but the other is missing a lease from the copy i picked up. also i go by start child not mr. starr told >> if you want to speak about a matter not on the agenda the last item on the calendar gives you an opportunity to do it. you could've done it at the beginning but when we reached the last one i'll call for public comment. items either on
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or not on >> thank you good i did have a couple questions for the executive director though. when i filed my complaint i wasn't told by staff what the procedure was to get something placed on the agenda. as a result i made the request apparently too late for the item to be placed on the agenda for this meeting. i'm wondering what the protocols are there for staff to inform members, whistleblowers, bringing for the complaint, but the rights and opportunities under the law gather information presented? >> the matter of course is there's a matter that comes to us that that is a complaint it's not something we handle the commission's agenda until such time it comes to us were discussing the last item is a probable cause matter where hearing on the matter. simply by filing a complaint with the ethics commission that does not
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place it on the public agenda for the commission. if we are provided with information that we do not understand to be a complaint the point of information, again that something we would take under advisement and look to see if there was a need to pursue an investigation but as a matter of course information brought to us is not automatically placed on the commission's agenda. >> i guess my concern would be with that process the numbers of the public with myself for not familiar with the proceedings what i was bringing forward in my mind was complaint but i wasn't told that it had to be worded in some specific fashion in order to be recognized as you. also when i dropped off a hard copy under the door of the ethics commission office--by the time i got over there from city hall after having to go to the security, they keep getting more and more adverse to the fourth amendment around here-but by the time i got over
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there your office was closed. i put the letter under the door, hardcopy, but when i followed up by phone a day or two later i was told they never received perhaps the gender might have thrown it out. which kind of was disturbing to me. things that are placed clearly copied to the ethics commission may not be reaching the commission depending on how they're delivered. but no time during the follow-up conversation cycled back-the lady on her staff i don't recall immediately but i wasn't told procedures to get some input on the agenda or had to be worded in a certain fashion in order to the recognizes a complaint and to start the wheels in motion. >> i don't think it's germane to the subject matter of this particular report and we will take it up at the end of the meeting.
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>> i guess my understanding was that when official like the executive director gives a report that it's proper and germane to ask her russians even if it wasn't in the specific subject of report but falls under her job duties could would that be incorrect to? >> i'm happy to answer the question. in terms of your concern about whether information gets to the staff and whether were giving information to public correctly but the process, we are happy to take that feedback and make sure we've got all of our information straight in the office so there is in confusion about the prospect we certainly would not want that >> thank you. i will be held. also the attached photograph which wasn't included in this divided publicly provided to the public and be put in the record of the proceedings and made available in hard copy at the next ethics commission meeting. >> thank you. i will take a 10 min. recess before we go to item number seven. coming back
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at 3:15 pm. i'm sorry. >> commissioners san francisco (the. governments. when president clinton-i'm getting ahead of myself when secretary of state clinton took her job she wanted to do a reset with russia. that was at the direction of the president obama. i would like to take this opportunity to propose a reset with the ethics commission. i've been coming here for 8.5 years now. the treatment i've received and watched other members of the public receive was i thought beyond the pale in many case. after eight while when you ask questions and get the responses were few get response it's a denigrating or insulting or demeaning response. you have a tendency to kind of look asking and at everything. the executive director obviously
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hired ms. blume referred several members of the public give her life habits for her performance in this particular issue. you heard another member of the public say that the last meeting and this meeting of the first serious discussion that he had overheard in his time coming to the ethics commission regarding some of these issues like open government and transparency. so obviously there is a movement in the right direction and i would like to take this opportunity to say please understand my prior comments were in some cases very well tempered by the years of bad actions. now given that, would like to say i still was very concerned about the fact that it put into complaints under the sunshine ordinance and both of those i
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was denied a hearing. one of the things that the sunshine ordinance requires, it basically says and 6734, in willful violation is any duty member of the public and elected official and so forth fails to do which is their responsibility under the law is a misdemeanor. in the case of mark farrell supervisor farrell refused to answer and idr. he got a complaint and refused to knowledge of the complaint. that hearing. he refused to scuttle the hearing they issued an order of determinative he refused to answer the order of determination and finally well into compliance and amendment descent very terse memo saying we have no responsive documents that was nine months after the idr. he out when a public official so blatantly violates the responsibilities under the law i think it's something worth this party hearing. i am
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still upset by the fact that it was denied a hearing. >> thank you. now we will take a break until proximally 3:16 pm. thank you. >> consideration in mark farrell for district 2 supervisor in 2010 at all versus the city and county of san francisco. per $25,000 payment by supervisor farrell and mutual release of legal claims. this item-you been working on this matter. do you want to bring up just where the matter stands for the
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commissions consideration and then we will go to the question of a closed session for some further elaboration from you? >> sure. since this matter was last before the commission there's been a number of developments that i want to discuss the very briefly. first, supervisor farrell filed a lawsuit against the city seeking a court declaration of forfeiture demand was improper. the city filed a counter suit seeking a declaration that was proper and seeking for forfeiture of the amount. after the city filed its lawsuit supervisor farrell filed an
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anti-flab suit arguing our case arises out of protected first amendment activity and the law says if the gays arises out of protected first amendment activity than the plaintiff must show a likelihood of success on the merits at the very early stages of the litigation. so supervisor farrell argued because there's a road out of his protected activity is his campaign we had to show the likelihood of success and were unable to do so because of the four-year statute of limitations on such actions had already run. we filed an opposition to that notion. our first argument in that opposition was that visibility slap motion does not apply to our case because when the city brings an action is a public prosecutor bnt slap motion is inapplicable. unfortunately, when we boldly reefed the case in charlotte before it was scheduled to be heard by the court the california supreme court ruled that the anti-flab statute does apply in such circumstances. if we lose that anti-flab motion the result of that would be our case would be dismissed in the
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city could potentially be required to pay supervisor farrell attorneys fees. accordingly and simultaneously were working on the briefing and litigation in this regard and at the commissions request, we continued working to see there was an avenue to resolve the matter out of court. working at the chairman's direction with the chairman renne and following many hours of discussions with supervisor farrell counsel we have proposed settlement agreement to resolve this matter. we have previously advised all of you about the issues and the potential risks of this case and ultimately committed to her decision whether to settle but this settlement represents the best settlement that we could negotiate on behalf of the city in light of the circumstances and the issues that we have addressed with you in the past. if the case is not settle the anti-flab motion is currently scheduled to be heard by the court on november 3. we are
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prepared to litigate that but as i mentioned, if that motion is unsuccessful on our side in our case will be over and we will be at risk of being charged with attorneys fees. we are prepared today to give additional guidance in analysis on this settlement agreement and the legal issues presented by the case that we previously discussed with you in closed session today. >> guerra motion we go to closed session? >> all seconds >> but me ask a question.one way or another will take public comment, correct? >> absolutely. one way or the other we may, during that we go into closed session agreed to
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reveal everything that we've done in closed session. that's one of her options as well. a discussion relating to it >> i support that. >> any public comment on our decision to go into closed session? >> members of the commission san francisco open government. this has dragged on literally for years. i think this is the first on the we've heard anything of substance about where this case is at this point. i understand the logic. in fact i was just mentioning that to someone another member of the public and the fact there probably if you lose the case the cities can be stocked for the attorneys fees which is better than what you can get. i
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want to complement commissioner keane and the fact this is the first on during all the discussions held in this manner that any sort of an indication has been given to the public that they would get some information about how we reach this point. i think that is one of the most frustrating points for the public is you see things going on and with much that's going on in the government right now, the government really isn't trusted by a lot of people. unfortunately donald trump i think is getting as many votes as these getting simply because people would rather deal with anything rather than what they presently have. so i would encourage i understand the legal necessity for going into closed session but i also want to say that i believe in i may be wrong, and maybe your expirations after if there are any, will do that well but i
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really do believe that this all will probably in the end come back to the responsibility of the former executive director mr. john st. croix whose direction of the excavation staff literally for years seem to be one of, don't keep people from committing ethical violations. simply find ways of getting them off the hook when they do. that unfortunately has resulted a lot of people getting away with a lot of things. the public seeing it enough to why we look at things like--[inaudible] and start to get the impression that the only way the city is going to take any action against its own is if the feds come in monday fbi comes in, the attorney general comes in, and that's what we are seeing now with the bunglers in the mayor's office being taken to jail. that's what we saw with the state sen. leland yee. the only reason he was held accountable because people from the outside came in. there really does diminish not only the expectation of the
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public but the credibility of anybody that is doing with ethics issues because the question is always, well, we know what they did. it looks on the face of it just horrendous and they never come out and say ,, let's disclose. i have been believe me i been going to these public meetings here in san francisco for nine years and i've never seen anybody disclose. >> thank you. >>[inaudible]
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>> mr. chairman, without going
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into any of the legal >> before you any other public comment? >> dr. derek kerr again. in this case the ethics commission took a standagainst the impunity of big money in political campaigns. you could've back down for a number of reasons. your former a second director remains inert and kept you in the dark during a four-year spc investigation at the city attorney's office thought this case.under pressure from the sutton law firm and the city attorney mr. st. croix caved. then you are seeking a budget increase before the budget and finance committee that is chaired by
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supervisor farrell. and supervisor farrell refused to appear before you, calling it a waste of time. so in view of these factors i think that the ethics commission performed courageously and honorably. small as it is the $25,000 settlement proposal represents an advance for this commission and for campaign ethics. thank you very much >> thank you. any other public comment? >> start child again with the libertarian party of san francisco. i agree with the previous gentleman who spoke in favor of discussing this openly. unless there are specific things you legally prohibited from discussing openly i think openness is always the best policy and i
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know nothing about the particular case in question so i don't have a horse in the fight for all you know maybe mark farrell has a legitimate case. maybe he doesn't. i don't know but whatever the truth is the truth is better served by discussing it out in public and is much as possible. if you feel you can't do that i would recommend a couple of steps. first, identifying very narrowly and specifically the things we do need to be discussed secretly and discussing everything else out in the open. second, putting a sunset clause on the secrecy so that it's not in perpetuity but it automatically becomes public after a certain date. say after the lawsuit is out of the courts and settled or after certain length of time, etc. you can craft language if you wanted. my other suggestion is to if you are going into closed
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session for non-certain amount of time if you can't tell the public in advance how long you're going to be the private meeting, then a public comment first so those of us who wish to comment afterwards don't have to wait around for an indefinite period of time while you're doing this secret meeting. but i would urge you to consider the possibility of not having a secret meeting especially that would result in appearance before your commission and open public discussion of things that won't happen otherwise as the previous speakers seem to be suggestion would be the case. thank you. >> thank you. any other comments? >> charles marsteller again. i want to say that i'm not an attorney and i'm glad most of you are. on a matter like this. i do, however, question whether this issue is right and
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i guess i mean that more literally were liberally in the legal sense. i realize it's right because it's before you but on the other hand, i would say how many of you have read the f ppc investigative report and understand the implications as it applies to this settlement or to this case here in san francisco because i see and others have seen aspects of that report that indicate possible issues that should be raised with the dist. atty. or become a matter of criminal law. as i say, though i'm not an attorney but it seems to me that it bears on this case and i think if you have the latitude
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that question should be raised in your deliberations. i don't know if you're making strictly decisions based on the factual record or you can go back and look at the f ppc report but if you have to do that, my guess is you want to read it thoroughly and understand the implied portions of it that indicate possible criminal intent or criminal violation and as a result that might delay their decision today. >> any other public comment? hearing none, i will call the question. i'm sorry. >> charles bill henderson held that. i just like to ask a question of you in if you go into closed session you intend to come out and to liberate the matter in the public? because i would like to at least have an opportunity to comment on that.. i know you the right to go to close session to discuss
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legal matters but the city attorney may want to >> that'll be a subject matter when were closed session deciding what disclosures we wish to make as to the decision and the reasons for the decision. >> well it's uncertain as to whether you're going to make a decision in closed session then let me just briefly comment. i have appeared before you today on this matter. our view the farrell concerned citizens matter was one of the greatest frauds on san francisco voters in recent history. forest was able to essentially double the amount of contribution limited money that he used for campaign purposes in a very close election the outcome of which may well have been affected by
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that substantial amount of money. you commendably, in my view, took the bit and made a decision to go forward with the forfeiture action in july and it was quite a bit of presentation before you about number of issues including the statute of limitations issue and the fraudulent concealment exception to that. i'm applicable labor that because i briefed it extensively and discussed it extensively. insert questions of commissioners during public comment but you now have a settlement before good i understand the concerns about potential liability in such circumstances but i think that the important thing to bear in mind the commendable action that you did take in july is
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that there is a public issue here as well. what kind of signal is sent by the settlement? what is the respondent in this case, the supervisor going to be held responsible in a way that he acknowledges.. one of the things that was troublesome about the f ppc matter which i discussed with you, i give them two cheers for entering into it but mr. farrell agent was permitted to essentially, admit liability before the af ppc. mr. farrell was not acquired by the f ppc to make any sign on the dotted line on that settlement admitting any liability and self. as a result of that and comments made to the f ppc they have ceased allowing that to occur. so a
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candidate in the case of a situation where a controlled committee violation is found is required to sign the stipulation is so let me just conclude with that. i think the important thing regardless of where you go on this in terms of the fine, which is not substantial in relation to the total amount of the forfeiture is the personal liability for the assumption of personal responsibility for. >> thank you. >> mr. chairman, before we-we have already voted >> no, we have not voted. >> will it doesn't matter >> i will call the question. >> well something comes to me. one of the speakers raises the question, even an implication that this commission is somehow influenced by mr. farrell vote
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in what committee and then on the full board of supervisors floor to approve the requested budget. let the record show that i wrote the city, i think with the city attorney or maybe it was mr. farrell directly, a letter to manning that he recuse himself from voting in the committee could what committee is it? is it the budget committee? yes, i think of was to him demanding he recuse. because there was speculation that he would punish the commission for having the gall to engage in litigation with a cross-complaint against him. in any event the rest of the record is clear that he voted for the budget there in the
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budget committee voted for at the board of supervisors, but i can't imagine any member of the commission, or, its executive director, or other members of the staff being influenced by that series of events. >> i will call the question. ongoing to close session, all those in favor say, aye >>[chorus of ayes] opposed? unanimous. we'll go into closed session. i can only guess when we will come back into open session. i would expect a half-hour at a minimum and probably longer.
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>>[gavel] >> we will reconvene in open session on the first item for discussion is whether or not the commission should disclose the closed session deliberation. do i hear a motion in that regard? >> i move we disclose the closed session spews second >> any discussions you want? i will call the vote. all in favor all those in favor say, aye opposed? >>[chorus of ayes] opposed?. carried unanimously could i guess is chairman i will start off with saying that the commission voted 3-2 in favor of accepting the settlement. i would like to just spend a few minutes explaining why i supported the
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settlement and so that the public can understand the reasoning and how i came to the position of supporting it. as you may recall when this matter was first sent to the treasurer's office for collection the commission authorized me to see whether or not there was a way in which it could be resolved short of litigation. the mediation was set up with judge warren as a mediator and i was there as the representative of the commission with the understanding that i didn't have any authority to enter into a settlement. i was there only to state the commissions position and said
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that it was essentially we had to have two things. we had to have a admission of responsibility by mr. farrell for the wrongdoing of the committee and we needed a significant payment of a fine. didn't specify what the dollar amount could be but those were the two elements. in the course of the mediation and because mediations are confidential, i can go into it, mr. farrell came with a proposed settlement although the terms of the settlement agreement and what terms were going to be agreed to and not been finalized came
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with an offer to settle which i took back to the commission and it was rejected. as inadequate in amount.when i convey that information to mr. farrell yet to come up with some much more substantial amount then he was talking about that if he was going to get us to enter into a settlement, the next day they filed suit. attacking the legal position and the procedural position that the commission
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had taken in trying to enforce the forfeiture. we, then, filed an answer and then filed a cross-complaint in which we rejected his claims that--and we were seeking the total amount of the work that sure some. he filed a answer to that and in his filings, and he filed all of them under oath. in other words it was not the attorneys filing but he swore under oath to the truth of the documents and in those-in that complaint, that he filed, he swore under oath that he knew nothing about the creation of
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the commission, of the committee, that he had no knowledge of his agents activities and files i can then they subsequently filed with the ent slap motion with the court which was scheduled to be heard i guess about a month and a half ago because this is statutory period of how much time you have unless the parties agree to extend it. meanwhile the city attorney's office was working hard to see whether or not she could get some kind of a settlement particularly in the face of a slap motion which if we were to not prevail we would be-the city would be obligated for what we assumed were very substantial legal fees. the
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city attorney's office, sarah did a yeoman's job trying to get the psalms up, trying to get the language in the agreement as to his accepting responsibility and eventually was able to get him to the $25,000 which was in the settlement that i approved, that i agreed to, which i think was a very significant amount of money and i think sends a very strong message. when this matter was first sent to the treasurer with instructions to proceed to collect i always had
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troubles procedurally what it happened procedurally, and also substantively. as to whether or not we were going to prevail but i think we all felt, what is the choice. we are going to try and enforce it and see what happens. but with the exception of commissioner kopp on probably the oldest lawyer in this room and the longest period of being a trial lawyer. spent my whole life trying cases in this courthouse and in courthouses around the country and understand the vagaries of litigation. it was my judgment,, based upon sarah's analysis of the case, that a settlement was in our best
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interests and the best interests of the citizens of san francisco. i know that some of the other commissioners don't feel that we got as clear a statement of responsibility in the settlement agreement but i am convinced we got a strong a statement eight we could get where he said here colleges is the ultimate responsibility for the wrongful acts of mark farrell for district number two supervisor 2010 committee and its agents. so that it's not a question, i do not do anything. he is admitting he has a responsibility to keep his agents abiding by the law. so, on balance, i think it's a good
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disposition. any other commissioners want to weigh in? commissioner kane >> i would have voted for the $25,000 settlement good mainly because i was convinced by our attorneys, sarah, who did an amazing job and king added that she and i argued for hours and hours over a number of weekends in regards to her conclusions of bruce's mind that ultimately the case would be lost on the statute of limitations, not on the merits. that we would never get to the merits of whether or not mark farrell did indeed intentionally the liberally and fraudulently set up, be it be involved in the coordination of
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this committee with his own committee. which is one of the most egregious things that a modern politician can do in regard to campaign contributions in terms of fraudulently wandering campaign contributions. i still believe he did that. but i don't believe we would have gotten there because of the statute of limitations. i believe that if we had the merits would be decided clearly on-mainly on the fact that $200,000, which was almost the entire amount that committee spent, was brought from to individual , to socially prominent individuals,
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tom coates, [inaudible] both friends of mark farrell both with him been with him at an event the night before they wrote the checks. and the f ppc never even interviewed these people. when they gave their judgment they just found that once chris lee this little lackey of farrell fell on his sword and said i did it all, that was enough and under the law that is not because he's ultimately responsible for the actions of his agents if they are using another committee to go mingle combing go. that was the end of the f ppc. def ppc never made a finding that farrell was not involved in
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this combing the lien activity. that is simply an untruth. they just stuck with the whole idea we've got the case made. because of chris lee. so again i was ready to vote for the settlement of the $25,000 settlement reluctantly except for the language that farrell lawyer just tenaciously insisted be in the recycle recycle a of the settlement. which talks about, as our chairman said, he does admit that farrell acknowledges he has the ultimate responsibility for the wrongful acts, but that
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it also says he was not aware of mr. lee's actions and that the ethics commission concurs with the f ppc's conclusion. the f ppc and did not conclude that it we should not concur with that because that is simply false. if we could get to a trial on the merits any lawyer worth their salt could have proven that was false and that farrell was up to his neck in regard to this fraudulent illegal campaign contribution that he was getting from this committee that had been set up at a been financed by his rich friends. the last thing i want to talk about is in regard to the fact as to how we got to this point to begin with. that
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is, the ethics commission as a commission bears tremendous responsibility for this. the responsibility, all of it falls on the former executive director of the attics commission, john st. croix who was clearly totally incompetent in allowing the statute of limitations to run or even marginally corrupt by going along with the whole idea of not pursuing it until it did run. and that is the result of that, which is, by the way, the reason in croix is no longer with us, that's the underlying reason, he is not here. and decided to retire because otherwise he was going -he knew
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he was good to get the fire that's coming in regard to this. he got it at the time in closed session when it was brought to us by the city attorney that looked like the statute of limitations had run and city attorney dennis herrera nothing out of school in terms of closed session he was furious did the city attorney's office bears no responsibility for this. he was furious at farrell, excuse me, at st. croix, too. so we are here because we had for many years a director who did not serve the people of san francisco who did not do his job and allowed probably the most egregious act of a politician in terms of money laundering and campaign contributions to take place in san francisco's history. and pretty much got
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away with. he did not get away with it. we got a statement of responsibility but the weasel language and that statement of responsibility is going to be spun tomorrow by mr. sutton and by mr. farrell as, see, the ethics commission of greece i had nothing to do with it. that's not true. also, the last thing that should be commented about is that mr. farrell and elected supervisor of the city and county of san francisco has never had the political will or courage or integrity to come before this commission this ethics commission command look us in the face and address it and say the things that his lawyer has negotiated for. [inaudible] mr. sutton did a hell of a job and i hope is getting a hell of a fee. at least that will help as well. in terms of-but mark farrell has a lot to be ashamed of. the
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voters in the city and county of san francisco should know that and they should not accept any kind of spin that is can i put on it now. that it's over. even the ethics commission they agreed, i do not have anything to do with this. he did. >> i would be recognize. i adopt all the statements commissioner keane has just made. he is been a member of this commission much longer than i and during the period in which this litigation was generated. i want it clear that it is not my conclusion that
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mark farrell did not authorize the actions of his former campaign consultant with respect to common sense of voters. i note that mr. farrell attorney has departed, which indicates some of the same disdain for the ethics commission, which his client demonstrated with her remarks to the effect of not appearing at the ethics commission because it was a waste of time. there are certainly not a current user trite word, legal issues and the pending litigation. as a footnote, i am
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exercised by the fact that i was in the california state senate and was a supporter of the then president oh tim bill lockyer who was the author of the strategic lawsuit against public policy statute which has been invoked in the pending motion to dismiss the ethics commissions cross-complaint. i can state that that legislation was never meant to apply to a city and county attempting to enforce laws against cheating in election campaigns. as commissioner keane noted in
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different words, this is a case a stoop on it prior city employees malpractice. if he was in private employment he would be the subject of a lawsuit for damages himself. like commissioner keane i would probably accept the $25,000 compromised payment could i will not, however, accept the recitals, unnecessary and a settlement agreement, recitals that were, of course, a result of a practice of the city attorney's office of which i had no prior knowledge of
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including recitals in the settlement agreement. the settlement agreement can be on one page. there is a dispute between you and me. and i am paying you $25,000 of so you will dismiss your suit against me and release me from any claims and i will releasing you from any claims against me. these recitals are intended with the unfortunate custom and practice of the city attorney's office for mr. farrell to escape public opprobrium first cheating conduct. in any event, i am pleased mr. chairman, that the commission adopt that on
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motion a policy of permitting each commissioner to express his or her views on the reason for his or her vote. that is important as citizens have pointed out today and i suspect that almost everything said in the closed session is being said in public and in this particular session itself. it is sad and, it saddens me, to see a teacher get away with recitals that will be used with a public and with them media that doesn't pay as close attention to the nuances of this litigation as the members of the commission do. thank you
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mr. chairman >> commissioner hayon >> as a citizen and voter of san francisco and the only non-lawyer on this panel, i respect all of the legal opinions of my esteemed colleagues. they are right. but the bottom line is this for the citizens of san francisco. supervisor farrell has taken responsibility for soliciting an illegal contribution and he's going to pay a fine. not as much as we would've liked but at least it's $25,000 that will be returned to the voters of san francisco for the illegal contribution that was made to his campaign by individuals during his campaign. so i think the voters can feel satisfied with that and we hope that in the future we will take
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such complaints and deal with them quickly and appropriately so that we don't have something that hangs over the ethics commission and over the citizens of san francisco for an unduly long period of time. so i am satisfied with the outcome and just remember, he has taken responsibility and he is paying a major fine. >> commissioner chiu >> i like to echo commissioner jan kings and renne's, script given that postures of this case in the difficulty in proceeding that we got from supervisor farrell a statement of responsibility. ultimately he did not direct the formation of the commission. he said he does acknowledge and accept responsibility for the acts of his agents and to me that was
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very important for him to put that in writing. then, second, in terms of the amount of the fine i think we'd all like to be more than what it is but it's also real market is $25,000. it's more than what he had originally offered to pay and i think that is a success. i would concur with commissioner hayon that money is rightfully going back to the citizens of san francisco and that we will have a different executive director and staff team and also in the event there are future violations of campaign law we will act much more expeditiously and effectively been addressing them. >> thank you. let me just say in response to commissioner keane's statements saying the f
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ppc did not make a finding, the specific language of the decision and order of the f ppc with the evidence supports the findings that mark farrell did not authorize lee to coordinate with the sparrow and that is the language that was in the recycle taken from the f ppc. in all the sworn documents filed by supervisor farrell he denied any knowledge and the commission, one of the things important, the commission had no evidence to counter his denial. it's nice to make accusations about his criminal activity but we had no evidence to support that. absolutely
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none. the only evidence was we had was his sworn statement under penalty of perjury that he had nothing to do with it and we did not make a finding that he did. we simply said we concur with the statement that the ftp see made. so there are been i've got to say, from my point of view this and a lot of accusations made against supervisor farrell that there is no evidence before the commission that would support it. i guess you can tell from the statements that of inmate who the three support who supported the settlement and the two who dissented from it. i don't think i'm required, am i, to a public comment on this spirit we had public comment before
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>> commissioner kopp >> do we vote on the record >> no. what commissioner renne re: didn't it was reported on the closed session what the vote was. it was 3-2 commissioner kopp and renne dissenting >> turning to item 8, we had public, the on this item. we had this public comment on this item and i been advised by the city attorney that we only have one need for one comment on an item but i'm willing to disregard his instructions and i'll take public comments. >> respectfully i think the will, and we had weathers to vote on closed session not the settlement itself. i would like to point out that what the f ppc said there was no evidence to connect him to mr. lee. there no discussion about mr.
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nilsson who is the principal person in the case. mr. howson was also by the affidavit was provided to the f ppc which i provided to the commission direct supervisor mr. farrell during this project done. that certainly does not visit be an arms distance kind of relationship. there's nothing in the record that says that mr. farrell and mr. hilton were not involved together in collusion with this did i would also like to make sure the record is very clear that the result of this financing of the independent expenditure with the election of mr. farrell two office. he won by a few hundred votes. this was not simply money-laundering. this was stealing office. that's what he ended up doing and by allowing him to do this in absentia through his attorney instead of standing up in front of this commission where everybody in
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the city could see them on the camera, you have allowed this to be under wraps to the extent that i hope in the future you decide as a commission that in such cases the person who's being charged must appear before the commission and take responsibility personally and not just in a signed statement submitted by an attorney. >> thank you. >> for the record on charles marsteller. i will be brief. i would say i concur with everything mr. bush has said. since were in that mode. i also want to say that i think while mr. singh croix screwed up, clearly the commission itself could not provide as much proactive and concurrent oversight as it needed to. we
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are all thrilled to see this is changing. i am want to assure the public that i think we are all now on the right track finally after 21 years or so of this existence of this agency that we are finally starting to smell the coffee. now i would say in specifics of this case like the wind that sweet case, there is much to be learned from this mistake and we need to scrub both of those things come up both cases, to see where we could improve process goes after all, former head of common cause in san francisco that is my greatest concern is the integrity of the process, the process which here as in
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the sweet case had failed. it had failed our public trust on public financing in the suite of matter and in this case on a her rent this stealing of an election. i think that if we scrub hard enough were going to find answers about what things we need to do to make sure this type of crap does not come to us again. we have a lot of ideas already. i think but i would also say is mr. bush said, i do think that no matter what even in non-criminal matters that elected officials should appear before the body to state for the record what they have done in violating the public trust. i realize what i'm saying but there seems to
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me they plead the fifth and maybe that's what he would've had to have done but it seems to me that justice was not served in this matter. >> thank you. any other public comment? turning to item 8, agenda item 8, discussion and possible action on items for future meetings. we had the one earlier today. the thing put on the november agenda. any other commissioners have any- >> yes good on the to follow it doesn't have to be done with any kind of dispatch with our going forward to get the charter amended in regards to probable cause hearings so that they are no longer done in closed session. or some other change for probable cause the way
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probable cause is determined to get rid of that secret proceeding that we've had up till now. to determine probable cause. due process does not require its and again it goes against the transparency that we want. so at some point in the future. i leave it to the executive director to maybe think about it and work on it. put something together in proposal for it months down the line but we ought to do it. >> any public comment? on that item? >> public comment is on anything come of spirits to see was any new matters on the agenda >> yes. the new matter larry bush front of ethics we were impressed with the calendar agenda items for the next calendar year of 2017. we note early in the year the plan to
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have a community outreach on issues that are relevant to the ethics commission and our experience working on both proposition t and proposition c before his or the missing piece of stronger outreach to unions in the city as well as to minority organizations. so i would encourage the commission to ask the staff to direct a much more robust effort to contact the unions would have a great deal at issue were these matters as well as the minority communities did we do fairly well with the latino community but we do not do very well with the asian community and we do not do well with the african-american community. so i requested that the on your radar. >> thank you. >> good afternoon again
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commission. members of the public. i'm*child outreach director for the libertarian party of san francisco. i would ask you to face the following item on an agenda for future meetings. i regret only a week happen after the election apparently since you don't have another meeting scheduled between now and the election and it's actually a matter of electioneering that really should be heard sooner but i have a photo here for the-the overhead projector >> mr. chairman middeck and shorten. is this your memorandum on the blue fraud and red foot? >> yes. he was the chairman understands it. >> the chairman understands. >>would this lop a little bit.
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this was published in the san francisco examiner in august of footprints at the polling station in the basement of city hall. as you can see looking at the photos the footprints are red and blue could all the rate for poems are read and left footprints are blue. i wrote a letter about this to the head of the elections department john ahrens under excessively try to get him to return my calls in the most and i finally delivered in person and spoken briefly hit knowledge my previous communications and i asked him why he didn't got back to me his response was he didn't think was important. i as i said in the letter, unfortunately there's little to be done now about any eyes
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impact this might have had on the election results of the primary elected our chief concern these footprints stickers or subtle message to influence voters not be placed in future elections including the upcoming presidential election scheduled for november 8. he said unfortunately in response that they've already purchased the stickers. they were going to put them out again. he was quite dismissive of these concerns but i think it's well known among the public that the color blue has been widely associated with the democrats and the media and generally democrats are seen as on the left. if i could've the image shown up again? and the color red associate with the commonly with the republicans being seen as on the right. the caption down near the bottom
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reads, red and blue footprints direct voters to polling places at san francisco city hall. the problem is always good i don't think was: said unto. i think a subtle message was being sent to voters. this is an election between team letter also and team were brought. the regimental to the republicans and democrats. pick your chicken of course the problem with that is not everybody's in one of what i call the two old cartel parties. there are many thousands of san franciscans especially younger voters were banning the cartel and are independent or members of alternative political parties believe these parties as well as those voters are being discriminated against by this display. coming into the building to that check in the basement and the footprints are still out on. however, they did make a change to them. as you can see in the mentoring now here on the screen all the left
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footprints are blue and the right footprints are rigid now they've redeployed the footprints but impairs others to blue footprints left and right footprint next to each other and then to read up footprints next to each other and to blue ones, to read once. so although they do not show me they were going to make this change and they did not acknowledge any wrongdoing, i think they perhaps sought after we brought this to her attention there was a serious problem. now i drove home is entirely alleviated although it's lessons. the association with left, right, red, blue under this new configuration that's no presently in the basement of the floor of city hall is different but there still is the issue of there still using those two colors, red and blue, leading voters to the polling places. i think it is still an issue. the law is as you know bans electioneering near polling places and i note
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in the document here about in response to the patrols versus -matter the any person has the right to file the complaint with elections commission engage in improper government activity and number four is abusing his or her city position to advance a private interest. i believe that was done in this case could summon up the elections department about stops of course with the head of the department connected this action that invents a private interest mainly of the two cartel parties. i would ask you to please investigate >> thank you. >> i would like to point out red and blue are our national colors on the flag. the only thing lacking is white. so i think most people would just see that as patriotic colors
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used at the voting polls. i don't know how many people would actually view it with a subtlety that you're looking at it but i respect your point of view. it sounds as if the elections department try to alleviate or sponsor your concern in some way. maybe not satisfactorily to you but i just want to comment on that. >> i don't know whether that was-i don't think i would call nine but you came additional opportunity for public opportunity on matters appearing or not appearing. you have made your presentation could i have some serious
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question whether the ethics commission has jurisdiction over that matter. in any case, but is there any other public comment before we adjourn? >> [inaudible] >> public comment on some other matter? >> [inaudible] >> you've had your opportunity. i think we understand and the matter is with the staff at this time. do i hear motion to adjourn >> i move we adjourn >> second >> all those in favor say, aye >>[chorus of ayes] adjourned. thank you. >>
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>>[gavel] >>[adjournment] >> >> >>
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>> for the record this is the november 16, 2016 treasure island development authority board special meeting. item number one call to order. director tsen, here. mazzola, here. dunlop, here. richardson, here. samaha, here. [inaudible] trent supervisor kim, here. we do have a quorum. >> before we start the general public comment. how great it is used in the facility actually for me it's the first time to be here. we think for many of you as well. it just feels very diverse type of places that are on the island. on monday i was
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at the mayor's unity rally at city hall to a firm how much san francisco is still an open city, city which is about inclusion and a city which is a sanctuary city. i think that was a really important thing for our city to stand up especially during this time. what happened last week to affirm that in fact, we are a city of tolerance. and, it is so great to be here on treasure island because so much of way are trying to do on treasure island is building community could we are building a new neighborhood. we are building community. and all of the work
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that this board does, our staff does and what you do for us as well. it's all about building community on treasure island so thank you very much for coming today. >> item number two general public comment. this item is to allow members of the public to address the treasure island development of 40 in the on the matters that are with the subject matter jurisdiction of the authority board that do not appear on the agenda. numbers of the public may address the board of to 3 min. prior to making your comments please state your name and the organization you're representing for the record. >>[calling public comment cards] >> good evening for the record my name is mark connors resident of the island. about two things i want to bring up. one of them is a update on the status of development in terms of funding good this week there's been articles published about [inaudible] island and the future of the ifd. minors in the board of supervisors is
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holding this up looking for more affordable housing. yesterday the board of supervisors discussed this at their meeting could i don't know what the outcome was but i also learned to a friend of mine-i don't know that's true or not-but they live in the affordable housing. but she and a few others are being offered been selectively authored to move off the island but won't be able to make back if they take the section 8 housing their offered it apparently does not being offered to everyone in the pearl jam to needs to be checked. if residents move out of the tie-dye housing will tide i go those vacancies or will those homes remain vacant? basically can you give us an update on the board of supervisors meeting with ed discussed funding and what is the relationship between the funding and the offer that i just mentioned. if any. second, were having a problem on the bus.
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the past month or so sf mta is noticeably targeting the 25 [inaudible] i would've a problem doing fair inspections whether doing it several times a week. last night actually stopped the bus at the front of the street in front of the island and checked passes. it feels punitive. it's not like they're just doing it. this something that set them off and especially this is problematic especially consider how often the bus is late. what is going on. how can we work with sf mta to resolve this bequest would be possible to get them to come out of your intel this how they select this as a target for inspections? thank you. >> >>[calling public comment cards] >> for the record my name is [inaudible] representing treasure island yacht club. i have spoken to the board thank you mdm. chairman for the opportunity to say thank you for this support of our islands
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and recently i was elected last week and as a commodore. as a commoner, my commitment is to get our jacob more involved in the community. regarding the [inaudible] and we've spoken with sherry and her team about utilizing the services for the recycling and michael is as, nor is to certify the community are yacht club for 50 years should be part of the community. i just want to thank you all. >> thank you, commodore. >> >>[calling public comment cards] >> good evening and welcome to treasure island. commissioners. nice to see you all. i just want to respond to something that mark said. i don't know about-director of tries on housing the moment [inaudible] i don't know the particulars of anything that which residents are being offered what but for the record,
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anybody who is attending of good standing or all art 250 units when the replacement is going to be offered a replacement unit which will be a like units that they currently have. nobody is going to be displaced. the current resident of anybody associated with the tie-dye house and i just want to make that very clear to anybody that's listening here tonight than to share that with our neighbors because it's important to us. report for 20 years to make sure that formerly homeless and low income people have a place on this island and its intercooler of the plan for treasure island and even though there have been reports in the paper it doesn't translate into any less of a commitment to making things happen out here when there are actually two dollars [inaudible] attributed
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to making sure this comes to fruition. i want to be just very clear about that. thank you very much. >> thank you. >>[applause] >> >>[calling public comment cards] >> hello i'm wild-resident of the treasure island museum and no one take this opportunity to update you on some of the things we been doing over the past year. first-i do want to mention arbor board isn't susie actively in support of the prospect of having the lucas museum on the island we would love to have them as neighbors could want that to go on record. we had for a couple of years and exhibits in the back of the winery building it was called wish you were here. the golden gate international exhibition to picture postcards good that was funded by of your battery generously by your board and we had to remove it in february because of the immense
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construction of the island. however, it is completely available on our website and some of it is in our gallery in room 111 just off the lobby could again all funded by your board which we really appreciate. we also recently installed an exhibit in a couple of display cases in the tida offices in escondido rotating exhibit that we hope visitors to the office will enjoy. we have been involved in small ways with the redevelopment. we were fortunate enough to be able to help in identifying candidates street names for the islands based on the islands history, the golden gate international expo session and we helped provide [inaudible] for next month on your, here. bubbling item. this is a started educating visitors about the new treasure on about what a wonderful and inspiring history
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the island has we hope that's cricketing a lot more in the future. we've had help from interns from the job court administration program from us as of graduate museum studies program and some student volunteers from [inaudible] academy have helped us in our work. we have been looking at the future treasure island museum in building one we have a concept plan for about a 3500 square-foot museum and one of the wings of the ground floor and we are talking about where to put it. we are also starting a prospect starting are planning a capital campaign and we will probably be back to talking about both of those in the future. thank you. >> thank you. let me just say it is the history of treasure island and there's great there's an organization like it yours but as remembering your
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history and remembering it. so we really appreciate your work. >> thank you. we see the redo all the island as part of this sweep of history because from its very beginning treasure island has really inspired great individual and collective accomplishments. that is just as true about the new development as was from the beginning with the construction of the island in the gg i.e. we want visitors to the island to understand that's not just what they see but this is treasure on past present and future. >> thank you. >>i just want to say first of all thank you all but [inaudible] i am one of the ones that originally from treasure island so i just want to make sure i am here when all the new develops going on that
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[inaudible] i love the island. this is where [inaudible] i've nothing against [inaudible] what i'm talking for the people that are been here a long time. in good standing doing stuff on the out trying to make the island the better place. this is all i know good i went to treasure island. when they do come just make sure this is my neighbor right here. make sure i'm right next door to you. >>[laughing] i am here for the employees because i see long-suffering. when i came here it wasn't anything. i am amazed how far [inaudible] she is doing good work and [inaudible] my name because i will be here. thank you so much. >>[applause] >> anyone else for public comment?
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>> i am carol harvey. i'm a citizen of san francisco and i have this question. several articles that have been written recently have given the impression that there will be no funding for affordable housing. so i was pleased to hear mark asked about this and sherry answer this. my understanding is not only will the homes that people are living in now be redone, rehab, but they will if they're in good standing be allowed to move into the affordable housing. i have a question. we understand it is always to that developers are responsible for
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including affordable housing in their projects. so a condition imposed on women are when the city granted them the permit was that lennar must include affordable housing and it is their responsibility to pay for it. the complicating factor here is that tida is saying we are the ones, not lennar taken on the responsibility to pay for the affordable housing and there's no way for us to recoup the money. that is what it sounds like from a press report. so the question is why is the city taking on the responsibility to pay for the affordable housing when it supposed to be the developer's responsibility to include and pay for the affordable housing component in their project? have within our been given special conditions? is when our special? if so, why?
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>> i think that we could have some of the-these questions be part of the report from bob beck because he can certainly talk to the issue of the board of supervisors that is at the board of supervisors right now and as usual the press does not always get the facts right but we will be hearing from bob on the issue of the funding for affordable housing which is certainly one of the biggest commitments we have. as a city and as tida to making sure that the portable housing is built. so we would do that under the directors report. any comments or questions by the board? please >> yes, commissioners you are
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right. the press does not always get the story right. i think with regards to affordable housing i think sometimes the obligation is on us. the board of supervisors and all the stakeholders that are involved in building affordable housing throughout the state of california to really educate the public as to what is going on. the california development agency for more than 30 years was the state agency that was responsible, that helped the economic engine made up of housing available to throughout the state of california. we have senior housing, you name it all kinds of housing. each was dissolved in 2012. the aftermath that we are having here in california in fact san francisco is doing better than the rest of california is where we are. the state is still
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grappling trying to figure it out. so you look at all the cities. san jose, don't even talk about cities in southern california. we're all in the same boat. i think, for us because we are talking about treasure island when we make a response we maybe need to add a little bit in their, information because, again, a lot of misinformation is going on. there are people just get soundbites. i read the article and actually read it and i'm on the board of treasure island. so this is where you are right now. i just want to state and also applies to all the issues we are dealing with here. that people do not always get it right. so we have an obligation here since you have the information to go the extra mile to educate people. thank you. >> if there's no further comments, from the public,
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>> item number three report by treasure island director. >> thank you chairman and members of the board. members of the community, i sat i'm sad to report yesterday after eight years of operation on the island the treasure on bar and grill permanently closed its doors. as we prepare for development work along the clipper cove area and the contractor prepares to abate and demolish both the treasure island bar and grill building and the former home of the yacht club next door. there are a number of existing island businesses that can offer food options to the community as well as two new operations they'll be opening in coming months. we have [inaudible] café at e and 13th st. the island hope market at its new location offers an expanded
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list of prepared foods. also, in the vicinity of the front gate there's tammy's chicken and waffles and treasure island market deli and the tails hot dogs. as we start construction work in that area we are going to be moving those facilities were keeping him near that vicinity at the front of the island. as well as, we have two new restaurants food service venues coming to the island. [inaudible] where we currently are is housing us tonight and they're planning to open later in december for doing continuing operations and then also as we discussed previously, there will be a container restaurant developed at avenue at homes and ninth street across from the new dog part. called their seat i would like to invite which the betty to come up and say a few words describing a facility as well as
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speaking to the shuttle service they visit with the opening of the new bike path on the west-east and stance span of the bay bridge. he was good evening beach or matters of the board richard-development authority. the first item i have here was an overall rendering of the area. so if you look at the area where the great lawn area you will see a container composition of some containers. we broke ground on tuesday this week. we started laying out some of the base rock and leveling the area to purveyor for some of the containers that the tenant has purchased and hopefully we will start moving along with that process. with that i have [inaudible] who is one of the partners of the new restaurant container facility because one of the things as director beck
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mentioned, with the closing of the treasure island bar and grill they are prepared to actually speed up some of their options and provide sort of a smaller food facility so they can provide some food for the island. >> >>[inaudible] [off mic] >> yes, girl power >> thank you, rich and bob beck. my business partner jeff --from executive chef at [inaudible] is not able to attend but speaking for both of us we are happy also that nick--with his architectural team came in partnering with us 12 buildings out. due to the accelerated course of the closure to the, of the grill,
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we have accelerated our plan in phase 1 to rather than the full buildout to celebrate it we've added an additional container that you see in the lower bottom site which will serve as coffee and lunch for the residence. as which indicated we've already broke ground and we hope to have that open will be using another restaurant in the city as a commissary so we can get fresh local sourced food to kind of indicate the type of food will be per body. so we've accelerated that to goal to december we had initially had hoped to open fully in about march, january, said remarks aired. you know permits and all that. there are slight differences at an angle. it will be facing the water and that's a variable. we have already purchased the full-size à container digit fully operable. we did that as part of the accelerat choice rather
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than build out the custom building out kitchen as much of the shop would like, his military kitchen will accelerate our opening as well. for those for the community our commitment is to have fresh locally sourced food but overly affordable for the residents we have a commitment to the island as we spoke previously. as i have spoken and we partnered with the treasure on homeless development initiative that we will be using our [inaudible] partnering with organizations and also their bakery at big works in order that we can provide support to the local community and sherry's organization so we've a strong commitment to that establish the partnership already without. so we want to be that focal place in again commit to the community overall. thank you. >> >>[laughing]
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>> thank you. so as part of the area if you look at the red there's sort of a red rectangle on the top part. that area-this little red area up in this section is where we are going to relocate the electronic charging stations. currently there are over by the bar and grill. they are going to be moved into that first location. then as the director also indicated we also have this green area. the green area that is in the middle. that is our bus shuttles drop-off that we have. that's in support of the ike ramp. so i'll flip over. this is some other renderings what's going to be built in that area. but this is one of
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the areas here. if you look at a map where it has treasure island where you are here, that section is the bus, the shuttle drop-off and pickup location there are two locations. right now when we initially started in 23 october, the first weekend, we had one shuttle bus system to operate and then after a couple of days of service we then increased it to two shuttles. right now, were operating on weekends and holidays from 730-6:30 pm and are shuttles are probably averaging about 160 passengers for those each one of those days. so it the demand is pretty huge for those shuttles. so i think overall it's been working out really well. we also security for those days as well. with that i think i'll just pass this on. it's a little more information. some
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of the shuttle schedule obviously [inaudible] and also we been providing handouts to some of the users, showing some of the businesses we have on treasure island and some of the opportunities we have here as well. thank you. >> may i ask, is this map online? >> it is, yes. >> great, wonderful. when will we expect the new restaurant to open? you said federico march? >> no. we are looking at a timeframe and of december january to open up the initial phase and then the overall buildout probably a few months after that. >> good. >> >>[inaudible] [off mic] we've talk to the employees at
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the grill. i think they were shocked as much as we are it close down sooner than we had anticipated. so those willing to work with us going to try to work something out with him and try to give them an opportunity or i know two of them are residence on the island. i've already reach out to them. >> thank you very much for also reaching out to tie-dye into the job training and two works. truly, it's in the great resource we have here. i'm very pleased to see that you are working with them. mark. >> thank you so much. about the information. particularly, we are so curious about what was going on at the dog park it does all this work and offense going up and what is going on. it's a mystery block. so it is great. mystery solved in silver all the people go to the dog park they will know. i will make sure to tell them. i had a few questions about the bikes and the shuttle and more though about just the signage. a
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couple times driving to the city after dark i've seen some bicyclists going up to the exit mostly scrabble to get to the city. going up a little less of a field in the hillcrest. this is after dark. maybe just a little bit though and then have to make those sharp cuts in front of the people who are having on to the freeway to get onto the opens part of that division right there. so that is one thing. just general signage for the bicyclists and to let them know where is a good safe place or where they should be biking if there's any plans like that. sorry, one more thing, too. just let the drivers know get a lot of people here drive kind of fast.
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to let them know they have to share the road with bicyclists. thanks. >> director beck and i were on the phone had a conversation this afternoon with some books from caltrans and some the project builders and were looking at some different measures that area to control of these provide a little bit more safety in that area as well. so we are working on it coming up with hopefully some different solutions in the future. but right now we are looking into just various aspects of traffic with its traffic calming or other measures in that area to create safety he was like signage brochure, rotating for the island. for the people here. >> great, thank you. >> i just want to piggyback on the statements. it would seem to me that this needs to be a priority, though. so were talking to caltrans. i think we need to tell them to-i thought
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even during the design stages that we saw this kind of thing happening. i remember when we talked about that. signage and [inaudible] all kinds of information along the roadway to educate, and so all it takes is one accident. if they need to come back i think there needs to be a timeline to get this done. especially, now that the ramp is open to >> yes. we are working diligently. again it something that is new. haven't really experienced the number and volume of folks. in preparation that we put speed bumps. we put signage. we created a shuttle. the of adm. security providing traffic control and other security measures. again it something that will delete new. we are probably maybe three weekends into it. or try to fine-tune and approve the area and as we we understand the
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learning curve we can better compare and come up with a better solution to address those issues. he was at the point of entry they should have something there that actually shows this is going to be for that users. so that's if they can even install that to alert everyone, cars and also bicyclists and let them know this is a [inaudible] might be something they can do [inaudible] anyway thank you, sir. >> there so many bicyclists coming. that is awesome. >> so just to add to what rich with eddie's comments, just to clarify he mentioned the shuttle operates on weekends and holidays. currently those are the only days that the bike path is open. so we are providing the shuttle during the case during the hours the
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bike path is open. just adding to what richard said, there is signage where the bike path reaches speed buena island costing bicyclists about the grades, narrow road paths, coming down to the island and our initial efforts were on traffic calming with the speed humps and to try and encourage people as much as possible to take it vantage of the shuttle. but neither the bicyclists are here and able to observe behaviors, we are trying to enhance our initial efforts with additional messaging and traffic calming measures. that's what her colleagues this afternoon was about and we will have a follow-up on friday on that to trying get some of that installed as soon as we can. >> i will let the public if you have questions to come up after mr. beck has finished his report. go ahead, bob >> again just for residents
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interested in taking the shuttle up in either walking or biking across the path, that the parks from the parking lot across from ninth street and avenue b again across from the dog park. and in terms of the events this past month, october events included the 10th and final treasure island musical festival. we had some rough weather that weekend did it kind of [inaudible] some of the grass but still a successful event. the rain also impacted the october treasure island fleet. they canceled their sunday event but did have the fleet was open on saturday the 29th. our film productions last month included a filling bike cesar milan's dog nation on the island and on october 27, we
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had our annual halloween event at the ymca gym. much thanks goes out to the john stewart company team as well as tie-dye, job court, and the ymca , and the department of public health for making the event a success. on november 5 the navy hosted their very informational annual bus tour of their environmental program on the islands. speaking on questions of the affordable housing in recent conversations in the press, some of the figures that have been cited in terms the overall funding gap don't include all the funding sources that are available to us and are anticipated to be available to us. so the actual funding gap is significantly
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less than the figures that were reported in the newspaper but we continue to work with the mayor's budget staff and mayors office of housing on strategies and contingent that is used for closing that gap. in terms of the affordable housing delivery that's part of the development agreement on treasure island while it is true that when a developer is developing a single building in san francisco there wholly responsible for providing the formal housing on larger programs like treasure island, the hunters point shipyard where there is significant amount of infrastructure investment that is required. you are not just coming in and building a building within the existing city streets. the affordable housing obligation is a shared obligation between the developer and the city. ti cd will be developing a portion of the formal housing as inclusionary buildings. they will also be making a payments to the city to help finance the balance of the affordable
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housing and then the tax and command generator with the project area also helps fund the affordable housing but the bulk of the affordable housing is to be delivered by the city in partnership with tie-dyed and it's that planned that we are working on the funding strategy for. this conversations have also been discussed at the items that mark connor mentioned that are before the board of supervisors currently to form what is called the infrastructure and revitalization financing district and community facilities district. these are the public financing mechanisms for the project. to help fund the infrastructure as well as the affordable housing and the cfd is going to continue beyond the initial development of the
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program and be our ongoing source of funding for sea level rise annotations as well as for the operation of maintenance of the parks on the island. so those are very important. funding mechanisms for the project both in the near-term as well is going forward into the future. we expect to take those to the to the board of supervisors in january and complete that process in january. i also want to highlight september the arts commission hosted a community meeting here on the island to discuss the arts master planning efforts and that we having another meeting tomorrow evening at 5:30 pm at their offices on that last across from city hall. the arts commission program director joel madden will be making a presentation at a future meetings of the infrastructure and transportation committee as well as the full board of tida
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there are activities either. the bookmobile has relocated to the 11th and h adjacent to the treasure island: a as of the beginning of november to the regular weekly hours are tuesdays 2-5 and thursdays 1-5. we have also started doing introducing composting service at the administration building as of november 1. working with tool works department of environment and recology to divert materials from our garbage at building one that can make it into the composting program. tida staff peter somerville and peter russell from the department of environment are conducting a habitat management plan orientation and stewardship walk with the job court students and faculty this thursday. as well as i want to highlight there was a plan gas line shut off for today in the residential area along-and
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exposition. that has been rescheduled and will tilt place until tomorrow tomorrow or friday. puc staff will reach out to the residence before any service is cut off. but any shut up is expected to take less than a day to complete the repair and get the line back in service. on the construction site, the site work and grading on yerba buena ivan are expected to mobilize at the end of month early december to prepare for the water tank construction and realignment of the call up road and other roadways on yerba buena island. at&t has completed the relocation of their cables on the island to reroute those out of the first phase of development. as people have seen on the waterfront the
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demolition of the barracks is complete. the contractor continues to process the debris from the demolition separating we bar and salvageable metals from the concrete material that will be crushed and reuse as engineered fill. the abatement of the cost of day love is the library market and building 180 are underway in those buildings should be demolished before the end of the year. also on november 8 the developer received bids for the geotechnical work in the first area of development on yerba buena on treasure island as well as the reconstruction of the causeway. also i want to note that the poems along the western waterfront where the geotechnical work is to be performed will be posted for removal. after assessing the health of the palms, the palms
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on the west side of the island are not good candidates for transplant and relocation but the palms on the side of the island along avenue n are in good health and its those poems that are proposed to be relocated in front of building one in the plaza that will be developed in what is currently our parking lot. finally i want to note that we continue to work with the planning department and the team from lucas museum of narrative arts on the environment told evaluation of potential impacts of citing the museum here on the island. again those are primarily looking at the demand for people visiting the island on the transportation and roadway systems. the lucas team is working to further develop the design concept percentage in the paper and working on the site design evaluation with
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planning departments. we anticipate bringing a letter of intent between lucas and tida to the january tida board building. if everything continues in a positive direction we hope to complete include the environmental evaluation in separate which will allow us to bring amendments to the design for about another plan documents as well as a final agreement with lucas between the march and may timeframe. that concludes my report. >> thank you, bob. directors, other any questions or comments on the report by bob? if not other any questions or comments from the public? yes, these come up. >> hi my name is [inaudible] and i have a bike shop and
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number one, i think you might've already thought of this but i like to bring in the san francisco bicycle coalition and have them give an evaluation about maybe how we could do maybe something i can think of about how to make it better with her shuttle service . something, number one just to invite them to give an overview and, number two, i don't the shuttle takes the bicycles on yerba buena and brings them to the far end of the island but i'm hoping if somebody has a bicycle problems that are allowed to tell the driver hey i got vice compounds of the driver can let them off where the closer spot to my shop is as they go through the front gate. the bike shop is back there. that way they don't have to walk back. those two things for emergencies, their greed bicycle emergencies and dropped off your my shop in order to get some input from the bicycle
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coalition. >> thank you. >>[applause] just to let you know we have been looking working closer with the san francisco bicycle coalition. in fact they gave us very helpful comments as we were building and in terms of signage, it is something which is evolving but we do have a signage program for the whole island which will eventually be implemented. maybe the thing to look at is whether the summer that signage program can be pushed earlier so we can have some signs now. given the bicycle traffic that we have. thank you. any other questions? yes, mr. samaha >> bob i've a couple questions for you about the lucas proposal. i know you said this is going to be forced in january. for one, speaking for
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myself, i'm excited about that possibility. i see there's a lot of support in our city for that.. i am just questioning the timing. it seems like you say the environmental will be done in separate and then hopefully this agreement by march and april. that seems pretty fast given how slow the process is for environmental review and so tell us a little bit about that. what is the actual deadline for lucas to make a decision? i guess they're looking at us and looking at los angeles as well. >> yes, thank you director samaha. in terms of the brunt of the work we are doing it is you it's not a full ceqa announced it is an addendum to our project eir. so it is not quite as involves as a stand alone project would be. as i
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mentioned the primary issue that is being evaluated is the transportation and traffic impacts of the museum compared to the hotel that was proposed for that site. originally. so if somewhat limited in its review. that we should deal to complete in the separate timeframe based on the evaluation of the planning teams so far. in terms of the lucas team, they have been pursuing two sides, but as you know, projects of this nature are very complicated and pursuing conceptual design for two different sides becomes very taxing it in the january time frame they have indicated that's when they would be looking to make a decision to continue to pursue one of the
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two sites in earnest. again, their interest has been from the beginning to assure that they are able to get into construction and hopefully have a museum open by the 20-21 timeframe. from what we understand, there is very little difference between the two sites currently in terms of our ability to get into construction and for them to actually be able to build their facility. we are within a month of each other on a schedule so with a number of challenges of these projects are essentially on the same schedule. but they're looking at what are the potential challenges and delays that might impact that schedule for delivery that can be critical in their decision-making. we continue to meet with them. we met with state lands to discuss what
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would be required to take the state lands trust off of the museum site and put it other over open space lands that are not currently on the state lands trust. we've had conversations with the navy about the profit-sharing agreement with the developer and the navy and we are trying to demonstrate to lucas our ability to address all of these milestones in a timeframe that will allow them to move as rapidly as possible into construction. it is those agreements as well as as i mentioned the amendment for the fee for the work already drafting the amendment that would be required to deliver this project at that site as opposed to the design requirements for a hotel that was originally envisioned so we are looking at all those elements to make sure that we are able to move rapidly. we
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can make those changes until we are we've completed incremental evaluation. but once we've completed incremental evaluation we want to be able to move as rapidly as possible to clear those subsequent hurdles so they can get through design and into construction of their project. >> so besides this the title board what other agencies or omissions would need to clear this project for it to be actually finalized? >> the agreements that i just mentioned they would go to the speed tied a board but the board of supervisors. we would need to do a trust exchange with the state lands commission. were already looking forward to their april calendar to make sure we would be able to be on one of their upcoming agendas. then also
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then the project itself from the project review perspective would go through the planning department am a planning commission. >> okay. that's a lot of work in a short amount of time so good luck. for all of us. >> what were doing in our spare time. >>[laughing] >> shirley the project will come before the speed tied up board for approval when it's appropriate. since i think lucas and the lucas museum has to make up their minds as to which city they're going to be in we have i think generally we've certainly supported the idea of a museum, which can be actually a great resource for not only the people on this island but it could be a regional and international drop. i think from the lucas nizam to be able to have people come here and go to the museum but then enjoy the parks and
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the open space and the new retail which is going to be on the island it's going to be a great boon for them as well. so we have encourage them to look very carefully and also encourage them to come to san francisco. any other questions? hearing none, next item please >>can i make a public comment? >> please >> thank you. my name is jeff klein. amend 18 year resident of treasure island. you all know me. i'm the lucas museum regarding the lucas museum it's been reported that lucas party has commissioned a consultant to check out the requirements
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of the law and see if they can get away with-sorry-the term excuse my language but do without the environmental review. they are expected to report in the press they would expect to get this report from their consultant in january-is that right-i was wondering if the city is doing their own investigation of whether this is really going to likelihood it will pass muster without triggering a requirement under ceqa for environmental review because you're adding the original cultural participate 5000 square feet. grabbing 195 ft.2 for two under 75,000 total. according to the impact study numbers are going to generate over 7000 person trips per day, i believe good i'm sorry. 5000 and change on weekends and 7000 and change on
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weekdays. now you can check those numbers and there is an assumption there's going to be internal transit with a cold internalization is the assumption of the impact plan. but that will not apply to visitors to the use am. so they will be will to do this will 40% magic ring doctrine of those trips. i think the level of service reductions that will be resulting from this additional traffic are going to trigger requirements for ceqa review could i when no visit is to look into this before they commit whole hog to supporting the project that they faced incredible delays. we have already saw previously supervisor jim peskin joined a lawsuit that delayed the project for i guess about a year and we've been allotted a
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long time for this project to go forward good i would hate at this point number finally about to break ground that you're considering asking delaying it even further. it just surprises me. i'd like to know the cities actually look into this and i said some hard numbers and whether this will trigger actually triggered under the law under the city's own guidelines environmental review requirement were just going to get by with a declaration from the planning departments. thank you >> i like to go ahead and address that goes, should the first as i said in my comments is that the city is undertaking the club review. it appears at this point to be an addendum to our original eir but that is an evaluation that's been taken by the city planning departments. then i apologize. there was another point i intended to address but i failed to make a note. yes, we are looking at it under ceqa and conducting the
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city is conducting a ceqa review. >> >>[inaudible] [off mic] >> yes, they have >> let me just say another condition of lucas, if there is a museum built on treasure island is that there needs to be contributions to making the ferry service work and in fact having the lucas museum, could in fact hasten the construction of the terminal and the ferry service because that would be a major link between of transportation link of getting to the island those visitors who want to come to visit the museum. >> let me interject here that for the public-the water transportation agency, it
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sometimes we are here and sometimes the bigger picture is not being connected. the city of san francisco the region as commissioner [inaudible] mentioned before [inaudible]. if you look at the infrastructure and transportation expansion all the issues that people are raising are in there. so it's not just us here. the port of san francisco and the region are embarking on a massive infrastructure and water transportation two-year, 2050. i think all we are doing here is taking away this museum given its initial concept we know it is great. however, when the time when we get the letter of intent that is when all the agencies and the city will get to the drawing board and trying to put compare apples and
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oranges and what are apples and oranges. the careful development [inaudible] there's a lot of misinformation out there before we get a chance to everybody, bear with us. it just like everything we been doing on treasure island. were going to be looking at everything. at the end of the day treasure island will be a first-class destination than anywhere in the world. that's what this project is being billed as good everything is going to be in there. rest assured. thank you. >> thank you. next items please >> item number 40 medications from and received by >>[reading ordinance] communication this month from the navy and treasure island sailing center several residential advisories and media letters from others. >> other comments or questions from the board? any public comment on these medications bequest next item please
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>> item 5, ongoing business by board of directors >> any ongoing comments or business? hearing none, next item please >> item number six consent agenda. all matters listed hereunder constitute a consent agenda are considered to be reviewed by the authority board and act upon a single vote of the authority board. when you separate discussion of these items must member of the authority board so request which event the matter shall be removed from the consent agenda and reconsidered as a separate item. item 6a through the minutes of october 12, 2016 meeting resolution 6b removing approving eight agreement between the tida in san francisco chess notation authority. >> bob beck. we like to remove item 6b from the consent agenda and continue that to a future meeting. we had some last-minute revisions to the
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proposed memorandum of agreement that we would like to work through and bring that back on december agenda. >> so i revise my motion to remove item b and only approved a >> approving the minutes of last meeting. so i have a motion. can i the second? >> seconds >> all those in favor say, aye >>[chorus of ayes] opposed? i think this next agenda item we like to move item number eight up before item 7 is the was item number eight cooper: update. >> thank you, directors. bob beck on i would just say a few words and then invite jay wallace from treasure island enterprise and chris harrison from-and say a few words as well. i am happy to report that
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treasure island enterprises and the sailing center with support for members of the board of supervisors who helped his old days of the discussions have reached a compromise that is given to the government of the marina and that would include 336 slips but also would shrink the arena in the easterly extent it also shortened the breakwater at the end of the marina. the image on the second slide shows the compromise configuration from the marina has as i mentioned 336 slips with an average slope length of just over 53 feet. it provides an ample space for sailing centers current perfumes as
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well as good access to the clipper cove beach with a conduct some of their training exercises. also i want to include the current schematic design development for the layout of the trailin sailing cente landscapingr improvement recording with pid c to provide the geotechnical improvements utility infrastructure in this area which we intend to incorporate into the next stage of development as we do the work along the clipper cold side. cold side. moving on from here bridge with betty of tida that msf we worked on long-term lease agreements with both treasure island enterprises to develop the marina and treasure island center selling center to continue its programs as well
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as for its way inside space and water site improvements.. both pie and tis e will need to begin their processes with the cdc for approvals and hopefully together engineering work to move forward with their respective developments. with that i like to invite jay and chris to come up. >> thank you, bob. thank you mdm. pres. commissioners jay wallace treasure island enterprise. just quickly we were pleased we got the chance to work close with dave and karissa to come to comprise the works for us and works for them as well. i want to also say through executive director bob beck and bridge with betty we spent tireless hours helping us get to a place as well as what
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bob said supervisor kim's office and supervisor avalos is others were actively involved. were please to be in a place we can get started and bring the marina along with the rest the project it is a great moment in the karissa say a few things but were pleased to be here tonight. thank you. >> good evening commissioners. the director beck. my name is karissa harris adamson cofounder of the treasure island sailing center and chair of the board of directors. as you saw in director beck's slides and hear from jay wallace am here to confirm that treasure island enterprise has settled on this compromise. the footprint and location of the marina propose for the clipper cold. they cover my suggested that space needs for the treasure island sailing center program. i just would you mind if we went back to the map? thanks. i just want to expand on the reasons for the two dimensions the director beck
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identified that are so critical for allowing our program to continue. the first dimension is east-west location of the transient docking this distance right here it's very critical dimension these would limit on the location of the transient dock is important because provides adequate space in an area that's protected from ways current and commercial traffic. for beginner sailors to practice sailing up when prevailing westward winds that essentially blowdown golden gate bridge and on the cold. the second critical dimension is the distance of the transient dock to the south. you can see right-this is dying a little bit but that transient dock to the south is actually critical dimension because it allows just enough space for most of our beginner sailors to access the beach. the beach is really a critical five percentage safety lessons,
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capsize weapons swimming lessons is such and while the footprint will reduce the range and depth some of our programs that provide a minimum space we need to access the beach continue our programs in the cold and we really want to knowledge the meaningful changes that treasure island enterprise has made it will allow operatives to continue. although we understand this layout is not a final engineering drawing and that the location the gangway and talk slips my change we have agreed that eastern limits and the southern limits of that transient dock are maximum dimensions so that they will not be exceeded for any reason due to any logistical economic or permitting requirements to those really are sort the maximum amount of space we can accommodate both to the east and to the south still run all of our current rams. i would like to pause for a moment and really thank you all for listening to work it's been a long 18 months and we bend at numerous tida meetings. we especially thank request for
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additional information on clipper cove for the use its users as well as alternative marina options. sharing this data including layout options provide the public form and time that enabled this compromise to be completed. your participation and attention to our concerns is really very much appreciated. i also want to thank the grand supervisor avalos and kim and their stopper assisting in this compromise as well as director beck and rich with betty. over the last six years alone we've had more than 18,000 individuals enjoyed sailing on clipper cold, 12,000 which were used. we are really very relieved to reach this copper mines that will allow us to continue to ensure our kids have the space and resources to continue to grow and thrive to sailing here on clipper cove to develop a lifelong connection to the bait and to really
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become good stewards of clipper cove and all she has to offer. we look forward to moving onto the next stage of planning and fundraising to continue that to ensure our programs continue for years to come on clipper cold. it goes without saying that you all have an open invitation to visit us at any time. it is really anytime i get frustrated i like to go down and see all the kids in action. it puts a smile on my face and helps to keep us sailing. if you ever want him out and go for sale please let us know it also goes for the rest of the people on treasure island. the residents as well as people with organizations particularly one set of children. our doors are always open and we love to have you come sit with us. i went to daughter executive director travis lund. he and his team do a fantastic job of making sure were accessible to our community and a genoa thank you and for your time. also i just want to
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mention i'm going to leave our interval reports good as some nice stories about our program and the map in our comments are included for the record. thank you. >>[applause] >> any other people speaking on this issue? so i am so glad that you have come to a compromise and that we can accommodate the moving as well as the sailing center. both uses are important to treasure island and i know the sailing center has done so much for use in this area teaching them sailing techniques and giving those lessons and getting them on the bait. so i am glad that the marina is able to change some of their plans and basically a compromise. we are very glad to see it. yes, mr.
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dunlop >> i want is a muscle car. this is so great. thank you for coming to an agreement as opposed to coming to a court could so, thanks. >> ms. richardson >> thank you again. our lessons learned here. your statement is very powerful. you said tida attention and participation. those are very powerful keywords. this communication and 18 month negotiation is unprecedented we care about everything we do here in this development and during this process listening to some of the people don't attend meetings and go by soundbites they don't really understand. so on face that some of the others the people making comments on issues they
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do not understand. again it is to convey to the public at all the stakeholders that we're just sitting here are stuffing every commission we take our very seriously. we want to have a positive outcome and mr. jim wallace was coming year we said go back and keep working on this and the rest is good. hopefully you'll be able to convey to your constituents that this is basically what it is to allow people to engage and dialogue among each other when they do that and they love the process and they themselves are serious about what they are doing. we all win. we always get what we want but we get there. so thank you again for using those powerful statements and hopefully you can cope convey that. >> any other comments than? >>good evening directors. i'm
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hunter cutting. tonight i'm speaking on behalf of steve clipper cold as well as san francisco sierra club of the recent agreement by-anderson to pursue a small arena in the cove is a step four. however this proposal was still sacrifice one third of the cove and significantly reduce public access. in addition the proposal was significantly reduce the programs operated by the sailing center. the sailing center basically agreed to take this hit in order to ensure that at least part of the cold is saved and i applaud them for that. in essence what we have here is a political compromise. that could and should be approved upon to serve the public interest. under this plan the marina will expand by
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442%. in addition some beginning sailors will be entirely blocked from the cold preventing them from accessing the heart of the cold as well as the beach. when a percent reduction in the sailing area used each year by 2000 fourth-graders from san francisco public schools high school and collegiate racing will also take a hit. all these members and find seven documented by the sailing center and i was a medical center's report for the public record. the san francisco sierra club met last night view this proposal informally resolved to oppose it. in considering this proposal i think important to ask what are we getting in return for sacrificing a third of the cold? under this proposal tida would provide but berthing for an additional two and 29 voters and get along desk straddle in that's it. were going to sacrifice a third of san francisco's best open water use up thousands by voters each year. the propose,
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mice would also violate very explicit the cdc policies on public access and recreation and they preservation. why you would want get on board a proposal that's what you end up in a showdown with the cdc staff i do not know. the sailing >>[gavel] recent proposes to luxurious but more efficient design those 25% smaller yet provided the same number of births is the plan promoted by the developers. the center also conducted a financial analysis to show small arena was financially viable and the developers rejected that alternative. this proposal that were talking about today could and should be improved. the sierra club and save clipper
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cove looks forward to working with all stakeholders to make sure that happens. thank you. i'm going to submit the center's report and centers financial analysis for public records along with my statement. >> thank you. are there any others? comments? comments by the public? hearing none, next item please and >> item number seven led and a platinum certification award. >> hello direct. my name is julian-the treasure island community development. but should you be before you again. in 2011 when the redeveloped project was approved the icd made a commitment to achieving leed and eight which is for neighborhood development gold. that we would make good faith
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efforts to achieve platinum which is the highest designation for lead and be. i'm here i think bob has already notified you that we have met that goal to achieve leed and he platinum. and i'm here to video elaborate about that a little bit and then introduce you to darren welsch from remi associates will provide some of the details, but what we have achieved really is exemplary. not only is our project the largest and the project ever in titles in the world, it is the highest scoring or tied for the were scoring and he platinum project in the world. it really is a superlative achievement and we are very proud of it. with that all introduce erin welsch from remi associates are consulting on lead andy. >> thank you julie could think you board and director for having me. i'm here tonight to talk to some of the details of this really admirable and porto, shrimp that the project
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has got to. it's a milestone. so really the way i like to structure it is we might spend about 15-20 min. i'm happy to be interviewed a few questions get ugly going through a lot of this information so it doesn't bother me if you raise your hand and want a clarification. and we can pause for the end for questions if you like to as well. would like to do is just set the stage. first of all for what this is in case some of you are not familiar those in the audience there may not be familiar with what lead is would be for neighborhood development is good so all set a little context were on the same page. try to set in context the commish meant of treasure island and to lead andy syndication as relates to other traditions around the world. then spend really needed the second half of the presentation going through some of the specific features and characteristics of the islands and of the project that many of
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you have probably been talking up an already know about but point out some of the features that allowed us to score points. i view it as just information and also eight accommodation or third-party verification are doing a good job. the specific features that other folks overlook that and agree you are doing a got good job. it's a nice time to pause take a step back and really cut yourself on the back and feel good about the project. i've heard the world, world class a few times just being here tonight and i would agree with that. i would like to also note my colleagues joined right holder with remi associates and done the work love work with me and he is here tonight as well. so the first thing i want to throw out there is just making sure everyone knows what leed for neighborhood development is. it's relatively new programming last 5-10 years is come online.
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many of you in the audience on the board have probably heard of the lead family operating systems good us building council i think i would say the largest or most widespread rebuilding syndication body in the world and lead promotions for leadership in energy environmental design is a leading center for green building in the united states and i would say in the world. that's a series of different leed rating systems for type of development when i first started out 20 years ago was all about office. it was all about workplaces. they start to realize there's other types of developers but also want to pursue green buildings. things like leave for school. we tell interior existing buildings. came online and then about 10 years ago the concept that maybe we need to think about not just individual buildings and green buildings going to about hold neighborhoods would you think that how they're working together and doing things like infrastructure, transportation location urban design in addition to just things like energy and water.
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people said maybe we can scale it up dugout neighborhoods. that was about 10 years ago. there was a pilot program. it's now gone public and a number of projects now numbering in the hundreds of registered and gone through this process of certification. leed for neighborhood development for knowing all just a lead andy for short, that's what it means, works the same as all the other leed green building systems. you essentially have a list of credits or criteria you can accomplish various topics and you get points for those credits. it's on a scale of 110 bonus points sold on a scale of 110 and opinion on while you do you get certified down here at this and or even go all the way to silver, gold or platinum which is the very highest. i'll
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use two hands like a point also advance the size. lead andy works the same way. the better more points you get the more credits you achieve the higher your certification. some of the things it seeks to we ward are smartly land-use good urban design transportation choices green infrastructure green building good some of these things did not use three actually rewarded very highly in the leed rating systems good the advent of lead andy applying at the neighborhood scale they are more strongly rewarded in some of these concepts of started to trickle into the building rating systems that i think that is progress. >> quick question. this is already in existence but us building council? >> correct >> but you mentioned it's a worldwide system, to give to other countries have different systems or great file sparrow a typical national system?
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>> great question. the global landscape of green building rating systems as complicated little bit all over the place us green building council was started in the united states actually northern california was one of its big place it started expanded nationally but a number of years ago started certifying projects and other countries. submit certified projects willy all over the world i think it was every continent has leed projects at this point. living with her doing is filling gaps in many countries that don't have the systems. other countries australia, europe they have their own versions of this. it's not as widespread but proud china is becoming very common. many parts of asia, parts of europe your parts of africa. it's kind of all over the place at this point. >> okay. >> so just a quick summary of what the rating system is. i said it really expands the definition of sustainability and green building. there are three major categories where you can be rewarded. this
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concept of smart location and linkage so good about website and connected. that's one big bucket where you can score points. another big bucket is this category neighborhood pattern and design that's things like volatility, urban design, how are your public spaces, how are your parts and are they integrated with each other. third this bucket of green infrastructure and does good some of the things that you usually associate with green building things like energy efficiency, water efficient. we survey our rewarded for those and lead andy rating system and can score points in that category as well. applying that just overall framework to the project here are the results and here is the reason that project was able to achieve a platinum level of certification for its plan. i know there's a little bit smug i apologize if you have it in front of you there but this first category smart location and linkage -where was your patient with
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the connection you did very well could 22/28 points. the second category of neighborhood pattern design which really comes into some of the urban design, public space tree lined streets, neighborhood schools more local food, you scored 36/41 points and then this third category of green infrastructure building sport 20/31 points. i've worked on almost a dozen of these lead andy projects run the country at this point and this is by far the high-scoring one i've ever worked on and i can say that most projects will do well in maybe one category or maybe two categories but doing well in all three categories is rare and aberrant role and 20 the reason the project scored so high. let me give you a couple of statistics in terms of our lease to other syndications i'll close with some details about the actual project and program that were scoring well.
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so julia mentioned it's tied as the high-scoring lead and the project in the world. again a great accomplishment. there's one in china that's close. it couple other in the united states, but it's it the very top is the largest about in the world certified under weed version 4 which is the most current version of lead. it's updated on a three year cycle. it's currents also. the largest plan to receive platinum. first lead andy version 4 platinum and then of all the posix registered globally right now when we last counted a few weeks ago there were 227 registered, only 17 achieved platinum. so that just to point out that achieving platinum is no small feat. and i think maybe one of the project i worked on. achieve it silver and gold is more common. so again i'm here to deliver good news and tell you you did a great job. it's very impressive. so i want to now go through
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-it's easier for this to a laundry list were people glaze over and can't keep up with it all but the fact is this rating system is complicated and brought and tried to give you credit for the whole array of things that come up in community and neighborhood development could there is a lot there. we tried to break it up into a few categories just a you understand where it's coming from and how some these points were achieved good the first thing i'd like to say as many of the credits that you end up achieving the way back. they go back 5-10 years when the design for development and some of the documents even before that were being created and this very good team of people working on guy worked with some of them even that 8-9 years ago and never think about these things. so design for development the sustainability obligation integrated into the design for development and then some of the associated infrastructure plans, housing
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plan, dissertation improvement plan as well as the habitat management plan. all those things tie into the leed for neighborhood certification and in fact many them the people work on the back that some of the standards to make sure they were writing the plan such that they would achieve the criteria. so this is really the fruits of almost a decade, plus of hard work and smart work. embedded within those plans. some of the things like climate adaptation sea level rise art example of what was big into those lands. improved rest service date into those plans and i could go on for a long time. so one of the ways this project was able to achieve points was because of it's located many the credits just inherent on day one when we picked the location. it was a hard choice it is infill previously developed. it avoided the not built on farmland did not build on habitat. there was
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remediation of brownfields that needed to happen as part of the project. there was restoration and preservation of habitat reusing historic buildings, providing neighborhood school could all those things kind of came with the deal when you selected the site. you got credit for that. not all projects have that. other things once the project was selected the designers and the planners and some of the folks here in the room started looking at how it should be laid out what it should be that again is going back a long ways. that's regards him points for things like parking open space. the idea providing scholar box words easier to walk better connected. that her street network to ms. all works together to create a village concept that works for everyone. the diversity of housing types that can work for a variety of stages of life in a variety of types of use. you are getting credit for that. the fact is relatively compact. those are also big into the site fan.
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some of these parks. yes, these are probably many diagrams you've seen before and we were able to mine them for proof that the project was performing well. so some of the things were a little bit more i would say not later in the game but they could've gone either way. through working with the team we were able to tease out what we thought our level of performance was going to be. i would categorize these into bucket that one is the horizontal things went to infrastructure and the second the burden of things related to building metal wrap up. so in terms of horizontal implements which is the infrastructure that images hearing tonight starting to happen, things like storm water management, retaining very high very large rainfall volume can be retained on the site. through the storm water plan. the idea of energy efficiency and interest dr. the streetlights, your topic
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signals again some of the conventional just leed building systems you honestly get credit for that and you don't have control over it. that's a great leverage point to you of control over the infrastructure on the island and can achieve a level energy efficiency for that. wastewater treatment, using recycled content in the infrastructure and actually director beck mention things like crushing concrete from demolition and reusing it on the site. your earning points for that and it's a smart thing to do. street trees, sidewalks affect was an urban farm, lower speed limits which makes it safer for pedestrians. transit stops. but some of the good outreach and its patients continue to happen. these are all things that when we line up against the racism you scored points for it. how you install your streetlights, with a level of efficiency is, some of the street trees, storm water, all adding up to giving you credit.
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then some of the things on the vertical developer. these are things to be honest when each gave our eyes on the make sure were following through on these commitments and these i guess thresholds that we are confident were going to achieve but really they're going to be trickle-down four years into the within development that we are doing and also what gets passed on to future developers and future building on the island. things like building specifications and contract specifications. so a level building energy efficiency. this is actually relatively set up for us in california because it's the state code. you are lucky in that way. it's something that's very achievable here. the water efficiency level is actually hire the most part except worked on. it's 40% improvement over a base object very good and i think appropriate for
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california. this concept of solar reflective roofing where you're actually reducing the heating cooling i guess the sparrow under building and also keyed on the island. this something that we think is achievable survived the buildings themselves the materials is certified through the building systems. the diversity of unit sizes so whether you're single professional or a large family that there's room for everyone to i think that's a great concept of social diversity inclusion which can up early in the meeting. that's happening here. some limitations on parking and the public realm and the good urban design. pedestrian orientated façades and the ability to do recycling composting, both some people that live here and through the construction and development process. these are some examples what that would be.
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some of these things they look good and they look nice and also turns out it's a great standard of urban design that was signed off on. i will close with this. there are some things that starting now in the infrastructure. were needing to track the need to make sure it's happening they shouldn't contact is a paid attention to continue through vertical development. some of those things include construction waste diversion and so the example of reusing the construction and demolition debris on the island for engineered fill. it's a great example that it is not going to landfill. outdoor water efficiency were beginning to look at this through the landscape architect and what is being installed in the parks in the planting schemes. renewable energy and ability to reduce energy on the islands. the topic of affordable housing came up. this right now we have
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27.2% below market rate target. which is again very high. and it's higher than any of the other lead and the projects i worked with the exception of two which were 100% of warehouse made seconds integrated high-level receive points for it. finally transportation demand management which is a big one. i knew you look really aggressive goal on that and light pollution reductions were limiting light pollution off into the bay from the developments. so [inaudible] thank you for bearing with me on that this is justice to clarify the scope of neighborhood development and to the development team to summon that of the things you're used to seeing in the leed for new construction systems teams like the touro indoor air quality building conditioning, those probably will be happening but they would happen building by building and so our certification is not tied up with these concepts. i think a good thing. i think we get the
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book perimeters around the scope of what our server edition gets us. but these are the topics that will be dealt with downline building construction. i will stop there. i know i went to a lot of topics but i wanted to show you the range of what allows you to score so well and i'd like to open up if there's any questions or requests for clarification. >> first, before we open up questions i think that this is really significant. it's really incredible honor to be leed platinum. not just leed gold but leed platinum for the neighborhood. and to know that we are actually the largest neighborhood that received leed platinum is certainly we should note that. so it's a pat on the back for the tida socket to the designers. i think we should- >>[applause] >> thank you. let's open it up to the board for questions. yes
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ms. richardson >> yes. can you hear me? mr. welch, thank you. i want to shout out to you with this information because i wish the sierra club guys in the rest of san francisco. what happens a lot of times is that we even though we are meetings are televised debates and tubes of information i think we need to take this to the road this information. besides tida website does a disservice to were doing it. because we inherited that i know there is a plan to actually upgraded and put things on their. are you going to be writing-who-is it our response will you ever two right publications because all
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the major publications in the world sometimes when you're on the airplane as you're reading them some of these very nice magazines talk about all the major projects in the world. this is a big deal here. so who is [inaudible] your advice because my suggestion is we need to take this information on the road not only would the press release or whatever is right in publications even the lucas museum they need to know here in southern california this particular development and everyone looking at it is a world-class fine guard what would be your suggestion that? does have a series of ideas would like to entertain again for us to take this on the road. if we don't then i think we have ourselves to blame. the way that people hear about treasure island is when they sure about all this stuff a lot of misinformation would here we have a very fine project that
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is defining the standards for everything in the world and we are sitting here. so advise us >> i agree with you. we then talk about julian and tid sever studies show that the let them take this one. >> thank you >> i would just say were looking forward to working with tiger woods and promoting this achievement >> think you very much >> if we somehow screwup and don't really build it as it's written to you take away our points? >> yes. one of the things i would try to get at in flowing through some of the things inherited to the site or bacon and some of the things that are happening now is that of a yes and no question. as a my professional opinion there are some credits because was no way you could lose just based on how you are the less the site plan entirely change. you're going to get them. there are others that it's possible you
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could not if you don't follow through on commitments but i think we are on track to achieve the commitments. to the way it works with us green building council will certify you up front the plan that's been entitled and then at the back and you get that stands as a completed project. there's opportunities to get certifications from small carveouts because it's a phased approach if you want to do that . so there's no penalty if you change the plan and scored two points instead of one or one point instead of two. except that your score changes. i think right now the goal is to follow through on the commitments something changes that the final bill project is what we will be judged on. >> i don't believe there will be. great start. it's such an honor. the architects and developers, just worked so hard in making this project happen. this is really wonderful. i want to thank everyone from the
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staff and everyone involved. thank you. >> mr. samaha >> this is wonderful. this is i think from many perspectives what we all should be a name for or rather around the world in development and i can see how it could help the planet. does help the planet. it helps global warming, all of those great things that we do but i do have a question.. specifically, in regards to you say credits and points. i'm really wondering is there any incentive, financially, to be a leed platinum? does the government whether it's federal or state government, do they give any incentives financially tax wise or otherwise to incentivize developers to
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achieve such levels of lead? i know there are many different levels scales rebates and other financial incentives that are given to somebody who wants to buy an electrical vehicle. they give $7500 or $2500 or whatever. i've had a fiat and i love it because it's electrical vehicle the government subsidizes it. so we could get any those subsidies whether it's a small developers were a large development such as treasure island? >> right. like a lot of questions about funding and financing something is a simple answer but i can say some of the federal programs around housing absurd to incorporate lead and leave for new birth of development. so hard choice
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differs in some of their neighborhood investment and for the housing programs have started to say your application is preferred if it achieves leed for neighborhood development. i know that the city is referencing the various green building standards in their own building and planning process. then i think there are the sort of formal on the book grant programs and then there's this concept of being a world-class development and the cachet. i think that's the other it's not a direct funding source but i think it's a reason letter projects to lead. is something you can point to to show off and so i think that's another angle that i think could be very beneficial financially for the product >> that would be great if we could focus also on incentives really for developers to do this because it does not come cheap and takes a lot of preparation and planning and engineering and all that. we all mean well. people mean well but sometimes in centers may
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help. they'll be something i'd be supportive in helping to do. looking forward on this. >> yes mr. [inaudible] >> two things i like his and the leed building is expensive upfront. sometimes i think the moment we get so focused on the building of the project cannot be ensuring the project is well run and nice to two years from the building of it. so i 10 i think if you do spend up front and it doesn't come cheap but it does put us in the greatest chance to of a well run and well latest cost project in 20-30-40 years. i do think over time, the cost upfront smooth out. i do have one question. if the lucas museum, that wasn't taken into account because it
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was not part of the project. will that have any bearing on the leed certification or anything like that? will you have to integrate that into the -will it just be certified at the end? is that how it will work? >> yes. julian and i need to huddle on that and grapple with what the impact is good rating system is designed to be flexible and accommodation ages to the site plan because every large budget like this has changes. this flexibility. there's things like a standard for 90% of buildings were 50% of buildings. there is the ability for various criteria to change things. i think should probably take a look at it and see with the impact is. things around walkable streets of things around building entrances. certainly things around targets for energy efficiency or water efficiency or effectiveness of like that to knock some of those out of the part. like to show up on things like that. i think we should-it's a large enough of
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sizzler we should take a look >> because use treasure island i like it to be something we discussed here at the commission. i think you would be worthwhile. >> yes? >> i think even for the lucas museum what it indicates they would abide by all the standards that the energy conservation in building design it's already there. so any project even better god come to treasure island it's a leed platinum will attract the finest environmental [inaudible] to abide by all the stuff the standards before we can even accommodate them. the engineers and all the stakeholders. that's what we are getting. so they already know that. so it's [inaudible] >> this leed designation is [inaudible]. the buildings themselves were to seek their own designation but i think
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that is something that we will look forward to is that the buildings that are built that in deed they aspire to a lead gold or leave platinum standard as well. so that will be certainly in the future as those buildings are built. but i can say the leed platinum designation actually shows us as a model and indeed, we are already getting visitors from all over and scholars from all over. in fact we just had a delegation from taiwan. we just had a visit from the harvard fellowship from them with planners and architects from all over the world begin to look at treasure island. i think having the designation and having the accreditation of the leed platinum gives ideas
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to other projects, trying to to other projects, trying tobe built it's really a wonderful achievement. and really i think staff and tic deed are to be congratulated. so are there any comments from the public comment ? please,, and give your name. >> good evening. my name is [inaudible] for this early assessment looks pretty impressive. but i had a question. how did this, about? was that a requirement initiated request who how was it funded? that is my question. >> i can say that in fact it
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was the product of many years of effort. certainly the design for development document and the team was chosen by tic to work on the master plan. they form the basis of the design work but in the thinking about the neighborhood. certainly it took any community meetings to get consensus on getting approval for the master plan as well. bob, did you want to add to that question? >> i think there's been an aspiration from the beginning of the planning for this project for it to achieve a high level of sustainability and design and several years ago again during the plan development phase the project was recognized by the clinton climate initiative program which is now the c-40 program
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as a model for sustainable design could so kind of these aspirations have been part of the planning since the beginning and electing to go to the lead and deep process was just a way of measuring our performance against the aspirations that been part of the program since its inception. >> but i think it takes a forward thinking community to have these goals in mind. so when the designers came together to do the maths and they realize in san francisco these are the values we have. so it's really wonderful to have that acknowledge. guess? yes? - excuse me - can you come up? >>thank you for responding to
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the first question at the second question was how was it funded? >> i will let bob- >> again, the design development effort is being funded by the developer, treasure island community development and so the consultants that you heard speak tonight have been contracted for and paid for by the ti cd, by the developer. >> mr. samaha >> by the quick russian. julian, can we call you daddy no? >>[laughing] >>[inaudible] [off mic] >> good. what is the next item? >> item number nine discussion of future agenda items by directors. >> directors, do you have any
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items you like on the future agenda? >> i like to hear about the bicycle signage issue. >> if there's no other comments, or questions, i think we can adjourn but let me thank dan offer hosting this. yes mr. beck >> yes do deftly want to thank dan off for hosting us tonight in recognizing the be opening next month so people enjoy the food tonight to come back and even if you did not come back and tried again. but i also wanted to close tonight's meeting with unfortunately a sad recognition of the passing of director richardson's mother. chief mrs. dorcas-i know that she has been a significant pillar in director richardson's life and will be sorely missed.
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>> thank you all for coming tonight. >>[gavel] >>[adjournment] >> >> >> good morning
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my name is allen i'm the competitive for the probation department honor and privilege to welcome you to the jungle hall that facility was opened in 2007 we moved from an 88 bed worn down delipidated facility to this one and 50 bed facility we occupy at a point the city and county struggled with overcrowding in the facility by april of 2008 the newly opted out facility exceeded the one and 50 bid capacity that same year the average daily population in juvenile hall was one and 23 we knew we could do
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better and the interventions were more effective than keeping kids it custody as a result the city embarked on a aggressive journey for the program see to serve as alternates to santa fe tension at the same time our juvenile justice shareholders 1r69d in collaborative partnership and strategic focus on the needs of youth and the families we serve depiction programs and evening reporting centers and electronic referrals to community agencies all coupled with evidence based supervision resulted in the drama reduction in the number of youths referred to the juvenile system and those detained in juvenile hall last year our average daily
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population in juvenile halting hall was 56 now 45 youths in the facility and half of the units are unoccupied with the sequence reduce to all-time lows we want to repurpose the facility to address the root causes that bring youth into the jewel just system among them the many adverse childhood experiences that shaped their values and dudes and beliefs and circumstances ultimately market-rateism in criminal conduct in the community the merit center the first of those initiative opportunity we're excited to showcase today if we provide our youth with the matter of fact and support to change their barf and teach them the skills to steady in school at home and in the workplace we won't see them reenter the
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center and recuse recidivism further this merit center within jewel hall provides the youth with recreational opportunities to which we earn access by their completion of school work, active participation in unit programs and positive social conduct with peers and adults we like to thank the unified school district the department of health the public library our jewel probation commission the bus project sunset youth services city youth now and all the stakeholder persons for their generous support of the new center i also want to especially acknowledge director louis and the staff of the jewel hall for their hard work to open the center in addition to mayor lee's remarks this morning you'll hear
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from judge supervisor judge of the superficial and mr. joe president of the jewel probation and following the remarks of speakers we'll show one of the vacate unit before we procedure down the hall to the marries center for a ribbon cutting ceremony i'm pleased and hoirnd to introduce the may mayor of that great city wholesale ununderstanding work shaped the program and encouraged our creative ideas to further expand our services without further delay the honorable mayor ed lee please. >> (clapping.) >> thank you allen for that
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introduction your hour and commissioner and thank you to the staff you know, i guess my first impression we come a long ways it used to be certainly when i came to the city it was all about confinement and isolation over many years and now as allen counterfeited the part and parcel we've had to create we really understand how much of a vinyl we had to create you know that goes back to the saying takes a village it takes a village to change kind of the behavioral in the way we feel proud of each other and more so than any other period of time that is when investing in our kids rather than the old-fashioned punishment and hopefully, they'll learn
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punishment confinement, isolation, have never been great teachers of changing that barf it is the village of support the merit stwrm, the attempt to identify what motivates the human barf in a different way to reimagine this center our juvenile justice center no longer do you are refer to as a jewel detention but the jewel center but more importantly to have the money for people that are concerned about the change of barf and what cased people to come here to suggest we can have the best minds and practices right here to help people and motivate them into a different direction that works it is not just that we have less youth although i think that is as an
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incredibly piece of data but also how we measure how people are changing less violation a greater collaboration, and i also will never forgot the father and mother fact we have great partnerships leak hustling berry youth in the community to you make sure we are doing our best we can't just put it on folks he on detention facilities and put if on programs we have to intervene and understand the circumstances symptom their historic and sometimes years of abuse sometimes their reflection of what we can do to reinforce you are care for many of the youth that may come from very, very deft backgrounds i'm sure the commission understands going
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case by case sometimes pain staing to understand what families are going through and lack of a family is a truer circumstance we learn from each other not to be solely don't think but a holistic approach to what we want to have happen and as a result and then hold ourselves accountable we need our young people belief they're in a society to be more successful and get them out of the danger and harming themselves and each other they get into a system where that barf can be reinforced for what we want to see happen that takes a lot of effort by a lot of people at different stages of people's lives judicial based
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obviously enforced by our jewel law enforcement that joins this i come not to only cut a ribbon but reflective on a better understanding of the city what it takes to change people's lives for the better and reinforce is a structure that perhaps if we had properly invested in many of the parts of society we might be better off we didn't we allowed lots of families to get to poverty holes in the city i'm trying to do in other areas rebuilding public housing and commissioner norton we know is evidence of violation getting kids jobs and careers giving a path forward and helping families reunite and helping the kids off the streets and into a better situation are
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part of elements of a great city but today, we focus on what happens here when the kids are brought here and how we can not just use confinement and punishment and isolationism and think that will help but that we actually use the best of your yadz and try to motivate people to a better direction and give life reinforcing skill sets to invest in themselves at the same time i want to applaud all the elements we put together into the staff at allen leads and i know a lot of you know we always give credit but allen you're the leader i appreciate the work with staff you kept me informed and any staff informed i want to say thank you to the commission that hears those
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cases appeal and otherwise and some of the horrible stories of the people and the judicial system more and more it is not about just dismissing citations not but how we use the ability to capture someone's attention but not capture them physically but give them an opportunity to move forward we believe in san francisco and in the values that we uphold it gets tested here we have less but also upon release people getting back to their families and communities and places where we want to be and having that reinforced in our onion communicated society we have back up programs so that what has learned can't think
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unlearned that's positive replacement this is what happens at the juvenile justice center i'm happy it on up not merit based program that can work but that we're also not foolish enough to think - i have to fund the people and keep them motivates because people that do this day to day a base have a reason tobacco depressed you see that over and over and over again, that's is life and in a great city of san francisco we motivate everyone to a higher level to make sure that the positive things we do truly want to believe this city is for and we can be a beacon to many other areas of our country perhaps that have not learned what that
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is to motivate people have is learn and until that we'll teach anothers this is what this merit system will allow us to learn from it and do better and the best example is kids and the quality of life 31 they will lead and be part of a great society so all of i want to say thank you very much for your intervention, your participation, your leadership and reminding me as the mayor and the board that we have obligations well beyond the budget, well beyond the immediate things that come before us we have to be holistic to what happens 2509 skids and families congratulation and allen to the entire staff for creating and now we get to sustain a great example thank
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you. >> (clapping.) >> good morning. my name is joe joe the supervisor judge of the family court an honor to be here i'm not say much more mr. mayor you said it all i'll add it is not just a village but comprised of people that care about the youth and community and future and i impasse the values of san francisco mr. mayor you've been supportive of program of the court. >> thank you for your kind remarks allen you've been a phenomenal leader in juvenile probation and all the commissioners that help and guide us thank you but to everyone as partners in the public defender's office jean from the district attorney's
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office, conflicts council all the jewel probation everyone that works in the program really cares about children you can't you can't sustain the caring and compassion i want to thank everyone and mayor for your support ♪ cleaver and keep any remarks under a minute there we go thank you >> (clapping.) >> thank you. i won't take long either i want to first time start off by threatening mayor ed lee and chief and the others folks we've its been a long time coming i was a member of the city family when we had you know over one hundred youths in the facility and thanks to the contribution over the years through the budget process by the mayor and the board of supervisors
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consistently funding the department making sure it has the resources here we go i want to put this in perspective a city of nine hundred thousand with 45 facilities is striking and as you know, representing the commission i want to say that we don't want to rest on that laurels those 4 are here we need to address do root causes why they're herethorax he applaud the department for thinking outside the box thinking of ways to connect with the youth whether taking them sailing or camp mather bringing in folks for expression of poetry and things we're trying to do to correct connect the youth so they don't ends up here again and those thefdz of thinking outside the box are helpful
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as we you know move forward today with the ribbon cutting of merit center the commission strongly supports the efforts of the department and will doing everything we can to make sure that we continue to drive down that number and really help the youth thank you very much. >> (clapping.) >> so we will now proceed next door where you will have an opportunity to briefly see one of the existing units for who don't know the units and precede to the merit center where the ribbon cutting will our. >> i'll count down everybody 3, 2, 1
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>> (clapping.) >> something you guys cooked up in here does if ring a belthat ring a b?

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