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tv   [untitled]    August 8, 2014 6:00am-6:31am PDT

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hire someone in the middle a fiscal year that would have worked for six months and a job with a steep learning curve and have to let them go and in fact that happened because the funding wasn't continued. some of the money that we had anticipated to use for the position wasn't used last year. >> public comment? >> commissioners, i promised at the last meeting as this comes up every meeting i'm going to be talking about different area. i would like to talk about area two, investigation and enforcement reports and says at the bottom sunshine ordinance number of complaints and with that is the extent of the sunshine ordinance. look on
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your website. part of your responsibility is enforcing the sunshine ordinance and every time the sunshine task force refers a complaint you sit here and kib etz and talk about the fact this isn't clear and this isn't clear so when are you going to do something about it? >> we just did. >> with all due respect commissioner keane this discussion has been going on for five years, the discussion on who is gets included on the complaint. i did that and i had the task force take that off. the reason is they went through two years of discussion and we're the ethics commission and according to the sunshine ordinance the only people we can discipline are elected heads and officials and so if you have a complaint against a line employee your response from the staff is we can't do anything, so these things go back and forth and you know. you can
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say the task force knows what it's doing but every single time the task force sends awe recommendation you find or the staff finds a reason to find fault and if you think it's at fault and you acknowledge the fact that part of the responsibilities as a body is the enforcement of the sunshine ordinance then i would think that there would be a moral imperative to do something to get together with the task force and come down with something meaningful where you can do something instead of these pointless arguments whether they charge the right person or crossed the right t or .ed the i and the issue is let them go to public meetings and let them speak and i went to the police commission and told by the the president you're not allowed to
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talk about certain things. i was told the same thing by the president of the arts commission. and the library commission and they all knew it wasn't true but they did it anyway. why? because they got away with it because they knew it would go to the task force and for some reason you want people to believe that the sunshine ordinance task force is a group that doesn't know what they're doing and you're more clever than they are because you can find a way there is something they did in some way that made it wrong and you're unwilling to do anything to correct the situation and there's never anything on this report that indicates you ever will. >> david pilpel again speaking as an idea. the report is good,
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comprehensive as usual. i think it would be helpful for the next few months up to the november election to include a category here for public financing. i believe there is only one candidate qualified but i think reporting on payments under the finance program would serve the public's interest and if there is anything else to report on the disclosure for november. i anticipate a lot of activity for . >> candidates and ballot measures and heightly contested so if you can provide that in addition to the website and the dashboard with all of that that would be helpful. thank you very much. >> all right. turning to agenda item number eight. items for future meetings? commissioners have any items that they would propose for
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future agenda? >> well, i am a newer commissioner so hearing from the public how often we talked about the commission and the sunshine ordinance task force is talked about this referral process i am wondering if we just can't have a conversation about it, and see if we can get to the bottom of it because in less than six months we had this issue come up twice and i feel like we never get to the actual substantive component of what is being brought before us because we're busy trying to figure out who to attribute it to, the violation. >> unfortunately chairperson hur isn't here but he would indicate we talked about possibly doing that and he indicated he would schedule something before the end the year we would have that discussion. >> is it possible to have a joint meeting with the sunshine ordinance task force?
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>> it's been done but they're difficult to schedule. >> could you try? >> of course. >> i speak for myself. i don't know whether my colleagues would also be in favor of that. >> well, we had joint meetings with them. i certainly wouldn't oppose another to see if we can smooth out some of the problems. i guess one of the questions i have though a lot of the procedural things we deal with i would assume that the city attorney who is advising the sunshine ordinance task force is dealing with those problems. >> well, we heard tonight that whoever that person is -- >> we don't know. we have hear say about it. >> the hear say indicated that the advice given was not the
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greatest advice in the world. >> i guess i could ask the city attorney do you think it would be beneficial to have a meeting -- >> you weren't here when -- >> i apologize i wasn't here. >> -- for the counsel assigned by the attorney to for the sunshine ordinance task force meeting with that representative to find out who that -- we had two cases in the last months that have come up where the sunshine task force has charged the department head even though in the proceedings the department head was never named but gets named or she gets named in the referral up to us, and
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then the question comes what is the due process? the department heads never had a chance to respond to it. all of the people responding are people below them and the argument is made with some merit that the department head is responsible for the people working for him, but insofar as dealing with the task force the task force has never confronted that issue and we're making a finding against the department head for this reason. simply finds there is a violation and names the department head at the end of the game and not the beginning so what i think commissioner andrews and we're talking about is there some way that we can smooth out, so that we don't have the procedural problems to deal with but dealing with the substance of the complaint. >> right. deputy city attorney. i wasn't here for
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tonight's sunshine referral but was it represented during that matter that they had weighed in on that issue? >> it was represented that the deputy city attorney at the time with the task force advised the task force to name the particular underlings in the department as being the responsible ones for the violation, and that's what they did and i see in the language itself of the ordinance it says specifically that the underlings cannot be held to be the responsible parties. it says that. that the responsible party is the department head, so then at some point it's understood with this well, we should really name the department head and the representatives of that department come here before us and say you're violating due
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process. our department head is just named now at this stage of the proceedings after the task force has already made a finding of the violation relating to those underlings and he was never named so we had it twice. we dealt with this tonight but last time we punted it. we shouldn't have. >> sounds like an issue that came up several times and certainly in conjunction with a future agenda item on this issue i am happy to coordinate with my office and get to the bottom of this. i am certainly happy to do that whenever this is calendared. >> i would recommend that we consider putting how the staff -- how we want to address the agenda item, but you know what the problem is we want to try to resolve and see what is the
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most sensible way to resolve it and put it on an agenda item and take public comment on it. >> yes. >> and get comment from the sunshine task force. all right. yes? >> [inaudible] jack, do you keep a record of requests or recommendations that we make? >> yes. . >> microphone please. >> do you keep a record of requests and recommendations for future agenda items? >> >> yes. >> because i think we made recommendations at different times and i would like to see what those are and know when they're agendized. >> they're agenda diezed at the discretion of the chair but i
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can go back and look and see what's out there. >> all right. is there a motion to adjourn? >> you have to have public comment on this item. >> all right. public comment on the discussion that we just had? >> new agenda. >> ray hart. i will keep repeating it. i would like my case against louis herrera brought back before the commission. i filed another complaint against him for the same exact reason so i don't think the task force having decided he was in violation. you unanimously -- well, not unanimously. mr. pilpel voted against it, will have problems getting it back here. the bottom line is mr. herrera as i talked about this oofng evening
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hid funds he was receiving from friends of the library and gifts he knew he had to report and we had to take him to the f bbc in sacramento and find him in violation and he's a convicted perjurer and said he got nothing when he got $5,000 a year and he lied to your faces and you don't seem to be worried about that at all. he told you this isn't a first amendment issue and it's always been from the 150 word summaries they started six years ago to telling people they weren't allowed to talk about certain things at library commission meetings to our criticism of the financial relationship with the friends and with holding documents and using the public position as city librarian to violate the law and with holding documents
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for more than two years. hi t -- i had to go to the superintendent of records twice and found in violation of the task force for not doing their job and says if they don't comply it's supposed to be sent to the district attorney or the attorney general and they pretend like that isn't happening so basically what i am saying is this is not the first time you've had a case against the library commission or somebody with the library that was referred here. this is the fifth time and every single time you have found a way not to have a hearing or to find the person not in violation, and i have to ask you honestly do you want the public to believe that the sunshine ordinance task force is so inept and vote five times that the person is in violation, order them to follow it and
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they not follow it and refer to you and every damn time you find a way of kicking it out. the reason i think you do that is because of what happened to jewel gomez that you recommended unanimously she be removed to the mayor and he ignored you. it's hard to have authority when the person you recommend to ignores your recommendation. doesn't even give you an answer. >> and if you have refiled your complaint and it comes back to us i assure you there will be a hearing and you will be present. >> [inaudible] >> it's awfully racist of you. >> [inaudible] >> mr. pilpel.
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>> david pilpel again speaking as an individual. just as clarification yes, there have been joint meetings between the commission and the task force in the past. there can be in the future and i believe one that one of the grand jury findings and recommendation i believe number 20, talked about the relationship between the task force and the commission so you might address it in part to the responses to the grand jury report if you intend to do something in the future you could indicate in your responses that the task force is certainly considering the responses to that grand jury report as well. thank you. >> thank you. now can i have a motion for adjournment. >> i move for adjournment. >> second. >> all in favor? opposed? stand adjourned. [gavel]
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>> welcome to the san francisco
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historic preservation meeting for wednesday, august 6th, 2014, the commission does not tolerate any out bursts and silence any mobile device and when speaking before the commission, if you care to state your name for the record and i would like to take roll. >> commissioners, first on your agenda, is the general public comment, at this time, members of the public may address the commission on items of interest to the public, that are within the subject matter and jurisdiction of the commission, except for the agenda items your opportunity to address the commission will be afforded when the item is reached in the meeting. each member of the public may address the commission for up to three minutes. >> and the public wish to speak on the item not on the agenda, come up to the podium.
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>> good afternoon, commissioners, what an opportunity, my beverly uptown i am the director of the san francisco violence con soar um, we leave at the corner of oak and goth and want to update you on activities that we have been doing around the golberg building and so we were here a few weeks ago and we wanted to update you. >> do you want to talk? >> why don't you go. >> okay. >> i will fill in. >> as you can see, in jackie hand there is a copy of one of the best selling coffee table books of the year it is called the art of rub gold berg, so she reached out to his grand dot ner new york city. we all used to be in the garment industry and we had a lot of things in common, so his daughter jennifer george the author of this book did a trunk show of her designs and a book signing for three days in her
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apartment last week. she is giving ten percent of her proceeds to us, all of us, to have a report done about the feasibility of historic status for the building and so we are super excited about it and i brought the copies for you but i wanted you to see, jennifer george is his grand daughter and this is her signing her book. this is a little gathering with david chiu, valley, from supervisor breed's office. we are going to have letters from them soon. and jackie myself and rub's grand daughter. and then sharon johnson, our friend who used to be at the department of status of women, and project homeless connect is a dear friend and so she was there as well and we want to show you how beautiful the clothes were at the trunk show. and so we were really excited about that and jackie hosted a dinner and a tea and maybe from that i should let jackie take over and tell you about the
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coverage that we received. >> thank you. >> thank you, so much. >> what we will do is start the clock over. >> sure, thanks so much. >> yes, we are very fortunate to get the nice coverage on the building as a result of our efforts with the building and with jek fer george the grand daughter. one of those was actually from the chronicle and so that is in your package. really nice coverage from them about the building and what we are trying to accomplish as well as coverage from the library, from some of their historic departments and the chronicle has agreed and i heard yesterday, from them, that they are going to come back and do a larger piece that will come out in the chronicle pink section later this month. and so we are really excited about everything that is happening with the building and we are going to continue to fight for the building. one of the things that came up was also, that from a number of
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landmark related people that came to the events, was that how much they also appreciated the inside of the building, where he used to work and live. and so we are going to make as many efforts as we can to try and landmark some portions of the inside of that second floor as well. which includes some parts of our apartment and bef verly's apartment, thank you so much for your continued support and efforts. >> thank you. >> any other member of the public wish to speak on an item not on the agenda. >> seeing none, we will move on. >> commissioners, that will place you under department matters, item 1, director's announcements. >> good afternoon, commissioners, just want to call to your attention the residential pipeline report that is now being placed on the written director's report. it is something that we have been doing for a while as a result of legislation and
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request from the community and the board of supervisor to keep track of both number of units in the pipeline and those built and those entitled and we will do, and we update this information based on the numbers that we get from the department of building inspection on a quarterly basis. and just wanted to call to your attention that this will be an ongoing report in the director's report from here on in. that concludes my report thank you. >> thank you. >> item two, review of past events at the planning commission staff report and announcements? >> good afternoon, commissioners, tim fry, department staff. a couple of items to share with you this afternoon. first is in regards to the interim controls for office buildings in pdr districts this was legislation sponsored by cohen that went into effect on july 15 and for the purposes of the interim controls, conversion of a landmark building to an office use in a pdr use is subject to 18 months
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to continual use and authorization from the planning commission. and in addition to that, supervisor cohen also introduced legislation on july 29th, to amend the planning code to place vertical controls on office conversion in landmark buildings and pdr districts. this means that the new controls will dictate how many floors can actually be converted to office and a slightly more stricter control than what is currently in the planning code. we will bring this proposed code amendments for your review and comment prior to the board of supervisor's hearing and at the last hearing, the hpc requested that we calendar a more robust discussion on the obligation of the criteria or the lack of criteria, and so we are going to calendar the discussion, along with the review of those proposed amendments at the same hearing, so we can have a much broader conversation about both of
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those topics. second item that i wanted to share with you as you are probably aware there was a fire on monday at the hotel and the hpc approved a major permit to alter for the rehabilitation for this year and the project being reviewed by the national park service for tax credit purposes and there is a crew, working around the clock to pump water out of the building and tablize the site we have been in contact with the property owners and as you may have seen in the paper, the architect did mention a lot of the finishes within the lobby appear to be in okay condition so that is good news and we will keep you posted on any additional repairs that may be required, as a result of the fire. third, item, on monday, tina and i attended the historic preservation fund meeting where kerri and cindy from the california office of historic
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preservation discussed statements and surveys and the methodology behind those types of documents and data collection, and the committee had a number of questions regarding the ohp's review of the historic context statements and survey and the city or the department's obligations under the certificated local government status and i had to leave that discussion early, but i have been in contact with the mayor's office and the fund committee to see if there was any sort of action items or resolution at the end of that discussion and i will certainly share those with you once i have them. just to give you some background, the primary request for this discussion came from the fund committee, a couple of years ago after the mission survey adoption, where there was a discrepancy between the city staff's recommendation and what the commission adopted. and then, the ohp also had some additional concerns. and so the fund committee
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wanted to get a better understanding of how each of the bodies was reviewing the survey findings and how we can improve the coordination in the future. >> if there are any action items i will let you know in the next hearing. >> also at the last hearing, the historic preservation commission, requested a status report on the results of your budget requests and the staff allocation and we are going to have a report at the next hearing on august 20th and go into more detail about the approved budget as it relates to the hpc. and then this past month i was on the east coast for two events, that i wanted just to quickly mention to you. one i was at the national alliance of preservation commission forum in philadelphia and it was a great opportunity for professionals in all areas of government,
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either state, local or federal level to share to network and to share, stories and discuss the topics and issues that were relevant to their cities, and as we have seen in other preservation conferences this year i think that there is an ongoing trend with the sorts of things that we are talking about how to produce the surveys efficiently and how to recognize the social and cultural heritage and how to expand the notion of how the preservation means and also at the state and federal levels and i am going to share some of the things that i have learned at that conference with you at a future date, but in addition, last week, along with the handful of other local government representatives i was invited to attend a training on the federal rehabilitation tax credit program and it was helpful to gain a better understanding but also how we as a city and as a commission can help

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