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1.
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Approval of minutes of December 16, 2003. Approved. (Nickliss/Parker) (Ayes: Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Parker, Sterner, and Williams) (Noes: None) (Absent: Brugmann)
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2.
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Resolution of commendation to Joshua Koltun.
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This item was not heard at this meeting.
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3.
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Report from Rules Committee meeting of January 8, 2004.
--Approval of hearing procedures.
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Committee Chair Sterner presented an oral report on the meeting of January 8, 2004.
Public comment from Peter Warfield stating his concern that Item 4 of the hearing procedures in the January 8, 2004 Rules Committee minutes, Public Comment would be restricted to two minutes instead of the usual three minutes.
Motion to approve the Hearing Procedures. (Parker/Knee) Withdrawn.
Motion to approve the hearing procedures with amendment to change the Public Comment section to "up to three minutes". (Comstock/Knee) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Parker, Sterner, and Williams) (Noes: None)
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4.
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Report from Compliance & Amendments Committee meeting of January 14, 2004.
Committee Chair Knee presented an oral report on the meeting of January 14, 2004 as follows:
- Mr. Witt is no longer having trouble with projection access at the Taxi Commission hearings, but is still being cut short by the Chair who says he is not on subject when he is speaking during Public Comment for Items not on the Agenda section.
- Amendments to Sunshine Ordinance regarding authority to issue fines and penalties, statute of limitations, and putting amendments on the November ballot.
- Public hearing to discuss amendments to the Sunshine Ordinance to be scheduled at City Hall on the afternoon of Wednesday, March 10th as a joint process with the Compliance and Amendments Committee and the Sunshine Task Force. The Task Force Administrator would poll the Task Force members for availability. The Deputy City Attorney would send proposed amendments to Task Force members by e-mail or mail before March 1.
Public comment from Peter Warfield requesting that (1) proposed amendments and status of Sunshine Ordinance amendments be available and publicized for public review; and (2) the January 14, 2004 Compliance and Amendments Committee meeting issue that the Public Library respond to public information requests in the same media that is requested; and (3) requesting more information on the statute of limitations.
Public comment from Steve Cockrell stating that the Sunshine Ordinance Task Force should raise its judicial standards and procedures before it obtains more enforcement powers and requesting that the proposed amendment process be posted online for public review.
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5.
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Report from Complaint Committee meeting of January 13, 2004.
Committee Chair Comstock presented an oral report on the meeting of January 13, 2004.
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A.
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Determination of jurisdiction of complaint of Steve Cockrell against the Park, Recreation & Open Space Advisory Committee (PROSAC) for alleged failure to provide records in response to a public record request.
Motion adopted approving jurisdiction. (Nickliss/Dogwill) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Parker, Sterner, and Williams) (Noes: None)
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B.
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Determination of jurisdiction of complaint of Joe Acosta against the Park and Recreation Department, the Park and Recreation Commission, the San Francisco Park, Recreation & Open Space Advisory committee (PROSAC) and the Board of Supervisors for alleged failure to provide a meaningful description on their meeting agendas.
Motion adopted approving jurisdiction. (Comstock/Cauthen) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Sterner, and Williams) (Noes: Parker)
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C.
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Determination of jurisdiction of complaint of Kevin Williams against the San Francisco Human Rights Commission for alleged overcharging for the production of public records.
Public comment from Catherine Barnes, General Counsel for the Human Rights Commission urging the Task Force to deny jurisdiction.
Motion adopted approving jurisdiction. (Comstock/Nickliss) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Sterner, and Williams) (Noes: Parker)
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D.
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Determination of jurisdiction of complaint of Joseph Graff against the San Francisco Fire Department for alleged failure to provide records in response to a public record request.
Motion requesting severance of Inspector Sperisen’s case from Lieutenant Graff’s case and to vote on these cases separately (Parker/Sterner). Second withdrawn.
Motion adopted approving jurisdiction. (Comstock/Nickliss) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Sterner, and Williams) (Noes: Parker)
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6.
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Public hearing, complaint of Steve Cockrell against the Park, Recreation & Open Space Advisory Committee (PROSAC) for alleged failure to provide records in response to a public record request.
Complainant Steve Cockrell spoke in support of his complaint.
Paul Zarefsky, Deputy City Attorney spoke in support of PROSAC.
Complainant Steve Cockrell presented a rebuttal.
Public comment from Bill Carlin stating that this complaint is a poor use of the Sunshine Ordinance Task Force’s time.
Public comment from Complainant Steve Cockrell stating that he would have no objection to continuance.
Public comment from Deputy City Attorney Paul Zarefsky requesting that new issues presented by Mr. Cockrell should be forwarded to him to comment on and that PROSAC has no objection to continuance.
Motion adopted to continue this item to the February 24, 2004 meeting. (Comstock/Nickliss) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Parker, Sterner, and Williams) (Noes: None)
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7.
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Public hearing, complaint of Joe Acosta against the Park and Recreation Department, the Park and Recreation Commission, the San Francisco Park, Recreation & Open Space Advisory committee (PROSAC) and the Board of Supervisors for alleged failure to provide a meaningful description on their meeting agendas.
Complainant Joseph Acosta spoke in support of his complaint.
Joe Story spoke in support of Joseph Acosta’s complaint.
Marcie DeLuz spoke in support of Joseph Acosta’s complaint.
Yomi Agunbiade, Capital Program Manager for Recreation and Park spoke in support of PROSAC and the Recreation and Park Commission and stated that in the future a more meaningful description would be provided on agendas.
Complainant Joseph Acosta presented a rebuttal.
Public comment from Peter Warfield regarding the need to provide more meaningful agendas according to Sunshine Ordinance Section 67.7(a) and 67.7(b).
Public comment from Pat Hendrix regarding the City’s approval of the Exchange Agreement and the neighborhood’s lack of opportunity to address the issue because of a lack of adequate notification.
Public comment from Steve Cockrell regarding importance of noticing agendas properly and adopting new standards.
Public comment from Peter Warfield recommending that the Sunshine Task Force add to their Notice of Determination that Sunshine Ordinance Sections 67.7(a) and 67.7 (b) were violated.
The Order of Determination adopted that the Sunshine Ordinance Task Force finds the San Francisco Board of Supervisors to be in violation of Sunshine Ordinance Sections 67.7 (a) and 67.7 (b). The Task Force specifically finds that Legislative File #031545 is in violation because the subject properties up for discussion and action by the Board were not identified by street address, cross-streets or other distinctive landmarks. The Task Force finds that identification by real estate block and lot numbers did not adequately apprise the public of the actual location of the properties and the public could not reasonably determine if the subject matter would be of interest to them. The Task Force requests this item be reheard by the Board of Supervisors; and further requests that future agenda items involving real estate include the standard real estate property designations, as well as street addresses, cross streets or landmarks. (Comstock/Knee) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Parker, Sterner, and Williams) (Noes: None)
Order Order of Determination adopted that the Sunshine Ordinance Task Force finds the San Francisco Recreation and Park Department, the San Francisco Recreation and Park Commission, the San Francisco Park, Recreation & Open Space Advisory Committee (PROSAC) to be in violation of Sunshine Ordinance Section 67.7 (a) and 67.7 (b) because the agendas of the respective policy bodies did not have the street address, cross streets, or other landmarks in their description of the properties up for discussion and action by those bodies. The Task Force requests that future agenda items include in addition to the standard real estate property designations, the street addresses, cross streets or other landmarks as well. (Comstock/Nickliss) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Parker, Sterner, and Williams) (Noes: None)
Member Parker excused from the meeting at this time.
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8.
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Public hearing, complaint of Kevin Williams against the San Francisco Human Rights Commission for alleged overcharging for the production of public records.
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Complainant Kevin Williams spoke in support of his complaint.
Catherine Barnes, General Counsel for the Human Rights Commission spoke in support of the Commission.
Complainant Kevin Williams presented a rebuttal.
Public comment from Peter Warfield regarding the use of computers resulting in the inaccessibility of public records and recommended that the Sunshine Ordinance Task Force be skeptical of inaccessibility claims. In addition, the public can only be charged for the media, not for the time involved in obtaining the information.
Motion adopted to continue this item to the Sunshine Ordinance Task Force meeting of February 24, 2004 to (1) discuss the issue of documents/invoices not received related to the hiring of an outside consultant in response to an Immediate Disclosure Request, and (2) request that City Attorney Investigator Gary Shweid attend the next meeting and provide documentation showing cost factors and process involved in providing documents requested by complainant. (Cauthen/Comstock) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Sterner, and Williams) (Noes: None) (Absent: Parker)
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9.
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Public hearing, complaint of Joseph Graff against the San Francisco Fire Department for alleged failure to provide records in response to a public record request.
Complainant Joseph Graff spoke in support of his complaint.
Assistant Deputy Chief Lorrie Kalos spoke in support of the Fire Department.
Complainant Joseph Graff presented a rebuttal.
Motion adopted to continue this item to the February 24, 2004 Sunshine Task Force meeting if the complaint is not resolved. (Comstock/Nickliss) (Ayes: Brugmann, Cauthen, Comstock, Dogwill, Jenkins, Knee, Mehra, Nickliss, Sterner, and Williams) (Noes: None) (Absent: Parker)
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10.
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Administrator’s Report for January.
Task Force Administrator Hall submitted a written report.
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11.
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Public comment for items not listed on the agenda. No public comment.
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12.
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Future agenda items. None
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